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2012-04-17j12th REGULAR OMAHA CITY COUNCIL MEETING APRIL 17, 2012 THE CITY COUNCIL met in Regular Session on Tuesday, April 17, 2012 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Thomas Mulligan. ROLL CALL 1. City Clerk calls the roll. CCID # 466 – Present: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Chris Jerram of District No. 3. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on April 13, 2012, notice re: Pre-Council and Regular City Council Meetings, April 17, 2012. CCID # 467 – From Chair on File A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. - 2 - ZONING ORDINANCE ON FINAL READING and Planning Board Attachment 5. Ord. to rezone the property located at 13208 Meredith Avenue from DR - Development Reserve District to R5-Urban Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 426 – March 27 and April 3 Meetings) Notice of public hearing on April 17, 2012 published in the Daily Record on March 30, 2012. Ordinance passed on April 17, 2012 published in the Daily Record on April 25, 2012. Jeff Lake, 2111 South 67th Street, appeared and spoke. CCID # 426 – Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39295 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 13208 Meredith Avenue from DR to R5 – see attached. (See Doc. # 426 – March 27 Meeting) # 426 – From Chair on File 6. Res. that the Special Use Permit application submitted by Lenity Group for a Special Use Permit to allow Assisted living in an R5-Urban Family Residential District, located at 13208 Meredith Avenue, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 3/27/12 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 413 – March 27 Meeting) Jeff Lake, 2111 South 67th Street, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 413 – ADOPTED 7-0 - 3 - (a) Planning Board and Planning Department recommend approval of the request of Lenity Group a Special Use Permit to allow Assisted living in an R5 District located at 13208 Meredith Avenue – over from 3/27/12 – see attached. (See Doc. # 413 – March 27 Meeting) # 413 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 7 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” RESOLUTION RE: PRELIMINARY PLAT 7. Res. that the preliminary plat entitled KIEWIT PLACE, located Northwest of 60 th and “F” Streets, along with the attached condition, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on May 1, 2012 published in the Daily Record on April 20, 2012. CCID # 498 – Over two weeks to May 1, 2012 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of KIEWIT PLACE, a subdivision located Northwest of 60th and “F” Streets – Inside City – see attached. # 498 – Over to 05/01/12 * * * * * * * * * * * * * * SPECIAL USE PERMIT – AUTOMOTIVE SALES 8. Res. that the Special Use Permit application submitted by Keith McNeese for a Special Use Permit to allow Automotive sales in a GC -General Commercial District, located at 3824 North 30th Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, and all applicable local or state statutes, ordinances o r regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55 - 885 of the Omaha Municipal Code – over from 2/28/12 – see attached. ((PUBLIC HEARING HELD 2/28/12 – CAN BE ADOPTED TODAY)) (See Doc. # 155 – February 7 and February 28 Meetings) - 4 - CCID # 155 – Motion by Gray that the Resolution NOT be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 (a) Planning Board and Planning Department recommend DENIAL of the request of Keith McNeese for a Special Use Permit to allow Automotive sales in a GC District located at 3824 North 30th Street – over from 2/28/12 – see attached. (See Doc. # 155 – February 7 and February 28 Meetings) # 155 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 9 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – DAY CARE SERVICES (GENERAL) 9. Res. that the Special Use Permit application submitted by Abbie Britton for a Special Use Permit to allow Day care (general) in a R4(35)-Single family residential district (high-density), located at 11104 U Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. Notice of public hearing on May 1, 2012 published in the Daily Record on April 20, 2012. CCID # 472 – Over two weeks to May 1, 2012 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the request of Abbie Britton for a Special Use Permit to allow Day care (general) in a R4(35) District located at 11104 U Street – see attached. # 472 – Over to 05/01/12 * * * * * * * * * * * * * * - 5 - LIQUOR AND RESOLUTIONS RE: KENO 10. Red Robin International, Inc., dba “Red Robin America’s Gourmet Burgers & Spirits”, 2627 South 180th Street, requests permission to appoint Suzanne E. Brown manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Suzanne Brown, 2627 South 180th Street, appeared and spoke. CCID # 468 – Motion by Gray that the request be approved Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 11. Sullivan’s Restaurants of Nebraska, Inc., dba “Sullivan’s Steakhouse”, 222 South 15th Street, requests permission to appoint John A. Stephens manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 469 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 12. Cory, Inc., dba “Welcome Inn”, 2332 South 24th Street, requests permission for a Special Designated License for a dance/beer garden on April 21, 2012 from 12:00 noon to 2:00 a.m. with music until 12:00 midnight – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jeff Kohler, 2332 South 24th Street, appeared and spoke. CCID # 470 – Motion by Gernandt that the request be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 - 6 - 13. 17525 Gold Plaza, Inc., dba “Halo Ultra Lounge”, 17525 Gold Plaza, Suite #103, requests permission for a Special Designated License for a beer garden on May 27, 2012 from 4:00 p.m. to 12:00 midnight with music until 12:00 midnight – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Andrew Ramm, 17525 Gold Plaza Chris Jones, 18731 Allen Street CCID # 471 – Motion by Thompson that the request be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 14. BKC Entertainment, LLC, dba “House of Loom”, 1012 South 10th Street, requests permission for a Special Designated License for a fund raiser/beer garden at 10 th Street Bridge Properties/House of Loom, 1002 -1012 South 10th Street on May 5, 2012 from 12:00 noon to 2:00 a.m. with music until 2:00 a.m. – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Ethen Bondelid, 1012 South 10th Street, appeared and spoke. CCID # 524 – Application read Motion by Jerram that the application be amended to music ending at 12:00 midnight Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 Motion by Jerram that the request be APPROVED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 15. Res. that, in accordance with the Lottery Operator's Agreement with the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 4303 South 89th Street, Doc’s Bar and Grill, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) - 7 - Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 473 – ADOPTED 7-0 16. Res. that, in accordance with the Lottery Operator's Agreement with the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 1212 Harney Street, Parliament Pub Midtown, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Festersen, Gernandt, Gray, Mr. President Nays: Stothert, Thompson Res # 474 – ADOPTED 5-2 (a) Communication opposing Parliament Pub Midtown, Inc., dba “Parliament Pub Midtown”, 1212 Harney Street for a Big Red Keno - type Lottery application – see attached. # 474 – From Chair on File 17. Res. that, in accordance with the Lottery Operator's Agreement with the C ity of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 2615 S. 120th Street, Rehab Lounge, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 475 – ADOPTED 7-0 - 8 - 18. Res. that, in accordance with the Lottery Operator's Agreement with the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 316 S. 15th Street, Zin Room, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 476 – ADOPTED 7-0 CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 19 through 22 were held on April 3, 2012). CONSENT AGENDA – ORDINANCES 19. Ord. to authorize the Purchasing Agent to issue a purchase order to Midwest Laboratories, Inc. for professional laboratory testing services for the testing of water and wastewater samples in conjunction with the treatment processes at the Missouri River Wastewater Treatment Plant and the Papillion Creek Wastewater Treatment Plant for a contract period of April 1, 2012 to March 31, 2013; to provide for payments from appropriations of more than one year in accordance with section 5.17 of the Home Rule Charter of 1956, as amended; to provide fo r payments totaling $30,095.50 from specific accounts; and to provide an effective date hereof – see attached. (See Doc. # 427 – March 27 and April 3 Meetings) Notice of public hearing on April 3, 2012 published in the Daily Record on March 30, 2012. Ordinance passed on April 17, 2012 published in the Daily Record on April 25, 2012. CCID # 427 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39296 – PASSED 7-0 - 9 - 20. Ord. to accept the bids from Ground Builders, Navarro Lawn & Landscape and Nebraska Best for grounds maintenance mowing of City rights -of-way for the 2012/2013 mowing season as detailed in the attached Inter-office Memo dated March 13, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; and to provide an effective date hereof – see attached. (See Doc. # 428 – March 27 and April 3 Meetings) Notice of public hearing on April 3, 2012 published in the Daily Record on March 30, 2012. Ordinance passed on April 17, 2012 published in the Daily Record on April 25, 2012. CCID # 428 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39297 – PASSED 7-0 21. Ord. to grant a permanent easement for property near 21st and “F” Streets to Metropolitan Utilities District of Omaha for purposes of installing underground pipelines; authorizing the Mayor to execute the attached Permanent Easement; and to provide an effective date thereof – see attached. (See Doc. # 429 – March 27 and April 3 Meetings) Notice of public hearing on April 3, 2012 published in the Daily Record on March 30, 2012. Ordinance passed on April 17, 2012 published in the Daily Record on April 25, 2012. CCID # 429 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39298 – PASSED 7-0 22. Ord. to approve the First Amendment to Tri-Party College World Series Event Agreement among the City of Omaha, Metropolitan Entertainment & Convention Authority (“MECA”), and the College World Series of Omaha, Inc. (“CWS”), which became necessary to clarify and modify several sections of the original Agreement after the first year of the National Collegiate and Athletic Association’s Men College World Series at the new TD Ameritrade Park Omaha – see attached. (See Doc. # 433 – March 27 and April 3 Meetings) Notice of public hearing on April 3, 2012 published in the Daily Record on March 30, 2012. Ordinance passed on April 17, 2012 published in the Daily Record on April 25, 2012. - 10 - CCID # 433 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39299 – PASSED 7-0 (a) Communication from Paul D. Kratz, City Attorney, re: First Amendment to College World Series Event Agreement – over from 4/3/12 – see attached. (See Doc. # 433 – April 3 Meeting) # 433 – From Chair on File ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 23 through 55 are today. If you wish to address the City Council regarding these items, please come to the microphone, indicate the Agenda Item Number you wish to address, identify yourself by your name, address, who you represent, and if you are a proponent or opponent) CONSENT AGENDA – RESOLUTIONS 23. Res. that, as recommended by the Mayor, the contract with Valley Corporation for OPW 52108, being pedestrian bridge removal over 42 nd Street near Hillsdale Avenue in the amount of $31,006.06 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Bridge Maintenance and Rehabilitation Organization 116164, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 500 – ADOPTED 7-0 - 11 - 24. Res. that, as recommended by the Mayor, the contract with Daedalus Construction for OPW 52177-SP, being Police Headquarters Parking Lot Improvements located at 505 South 15th Street in the amount of $275,800.00 is hereby approved; and, that the Finance Department is authorized to pay the cost of OPW 52177-SP from the 2010 Public Facilities Bond Fund 13245, Public Facilities Capital Organization 116262, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 501 – ADOPTED 7-0 25. Res. that, as recommended by the Mayor, the contract with Valley Corporation for OPW 52209 (CSO), being Former Economy Products Building Demolition located at 1126 North 11th Street in the amount of $585,646.47 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 502 – ADOPTED 7-0 26. Res. that, as recommended by the Mayor, the contract with All Purpose Construction for OPW 52233, being Papillion Creek Wastewater Treatment Plant Digester No. 7 Cover Replacement in the amount of $1,039,800.00 is hereby approved; and, that the Finance Department is authorized to pay the cost of OPW 52233 from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 503 – ADOPTED 7-0 - 12 - 27. Res. that, as recommended by the Mayor, the contract with Navarro Enterprise Construction for OPW 52276, being concrete curb ramp construction at various locations within the City of Omaha in the amount of $470,897.63 (base bid of $450,897.63 plus the potential maximum incentive amount of $20,000.00) is hereby approved; and, that the Finance Department is authorized to pay the cost of OPW 52276 from 2010 Transportation Fund 13183, 2012 Issue Transportation Bond Organization 117117, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 504 – ADOPTED 7-0 28. Res. that, as recommended by the Mayor, the contract with Heimes Corp. for OPW 52282, being Thomsen Mile West Sediment Basin Removal near 174 Street and Sahler Street in the amount of $29,145.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2006 Environmental Fund 13122, 2012 Issue Environmental Bonds Organization 117217, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 505 – ADOPTED 7-0 29. Res. that, as recommended by the Mayor, the contract with Sprague Roofing, Inc. for OPW 52291-SP, being Sewer Maintenance Building Re-Roof, located at 6880 “Q” Street in the amount of $67,797.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the General Fund 11111, Contract Administration Organization 116261, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 506 – ADOPTED 7-0 - 13 - 30. Res. that, as recommended by the Mayor, the contract with McKinnis Roofing for OPW 52292-SP, being Fire Station #22 Re-Roof and Exterior Insulation and Finish System, located at 6310 Lindbergh Drive in the amount of $84,288.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the General Fund 11111, Contract Administration Organization 116261, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 507 – ADOPTED 7-0 31. Res. that, as recommended by the Mayor, the Purchase Order to HDR Engineering, Inc., for additional final design engineering services on Project SP 83-22, being the reconstruction of West Center Road from 148th Street to US 275, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $61,223.25, which will be paid from the 2006 Transportation Bond Fund 13182, 2009 Issue Organization 117114 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 508 – ADOPTED 7-0 32. Res. that, as recommended by the Mayor, the Program Agreement between the City of Omaha and the Nebraska Department of Roads for Project ENH -28(99), State Control No. 22414, and OPW 51825, in conjunction with 2012 -2017 Capital Improvement Program - Transportation Project 503, being 32nd Avenue Streetscape and Bike Route, including the provision of bicycle lanes, intersection and safety enhancements along the 32 nd Avenue corridor near Hanscom Park and the Field Club Historic District, with the City’s share of the par ticipating project cost, estimated to be $76,746.20, being paid from the 2010 Transportation Bond Fund 13183, 2012 Issue Transportation Bond Organization 117117, and the City’s share of the non-participating project cost, estimated to be $313,534.00, being paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159 and is anticipated to be a part of the year 2013 resurfacing program, is hereby approved; and that the City Council hereby authorizes the Mayor and City Clerk t o sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 520 – ADOPTED 7-0 - 14 - 33. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Alfred Benesch and Company for additional construction engineering services on Project MAPA-5001(18), State Control No. 22498, and OPW 52098, being Omaha Concrete Repair, Pkg. 1, at various locations in the City of Omaha, for the sum not to exceed $91,115.64, 80% of which will be paid from federal funds and the City’s local share, being $18,223.13 which will be paid from the 2006 Transportation Bond Fund 13182, 2011 Issue Transportation Bond Organization 117116, is hereby approved; and that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 509 – ADOPTED 7-0 34. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Alfred Benesch and Company for additional construction engineering services on Project MAPA-5026(14), State Control No. 22499, and OPW 52100, being Omaha Concrete Repair, Pkg. 2, at various locations in the City of Omaha, for the sum not to exceed $74,596.79, 80% of which will be paid from federal funds and the City’s local share, being $14,919.36, will be paid from the 2006 Transportation Bond Fund 13182, 2010 Issue Transportation Bond Organization 117115, is hereby approved; and that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 510 – ADOPTED 7-0 35. Res. that, as recommended by the Mayor, the Professional Services agreement with HGM Associates, Inc. to perform necessary construction engineering services for the 67th Street and West Center Road Bridge Rehabilitation Project, known as OPW 51289, is hereby approved; and that the Finance Department is authorized to pay the fee not to exceed $113,027.54 for these services from the Street and Highway Allocation Fund 12131, Bridge Maintenance and Rehab Organization 116164 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 511 – ADOPTED 7-0 - 15 - 36. Res. that, as recommended by the Mayor, the proposal of John A. Moran & Associates, to provide appraisal services relating to the acquisition of property rights necessary for the 144th Street Improvement project from Franklin to Eagle Run Drive and for Blondo Street from 135 th to Eldorado Dr, also known as City Project No. S.P. 2000-14A, Federal Project No. MAPA-5001(19), is hereby approved; and, that the Finance Department is authorized to pay a total maximum fee not to exceed $29,200.00 from 2006 Transportation Bond, Fund 13182, 2011 Issue of 2006 Transportation Bond, Organization 117116 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 513 – ADOPTED 7-0 37. Res. that, as recommended by the Mayor, a Purchase Order to the Omaha Public Power District for the costs of boring related to streetlight installation along Howard Street from 18th Street to 20th Street, in conjunction with 2012-2017 Capital Improvement Program as Transportation Project #503, is hereby approved; and that the cost in the amount of $57,692.64, will be paid from the 2010 Transportation Bond Fund 13183, 2012 Issue Transportation Bond Organization 117117 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 522 – ADOPTED 7-0 38. Res. that, as recommended by the Mayor, the Purchase Order to CH2M Hill, for National Pollutant Discharge Elimination System (NPDES) permit renewal assistance for the Missouri River and Papillion Creek Wastewater Treatment Plants, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $52,000.00, which will be paid from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913, year 2012 expenditure – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 521 – ADOPTED 7-0 - 16 - 39. Res. that, as recommended by the Mayor, a Purchase Order to MC2, Inc for replacement of the Hydroxyl Fog odor control units at the Missouri River Wastewater Treatment Plant, in accordance with Section 5.16 of the Home Rule Charter of 1956 for the purchase of unique or non-competitive items is hereby approved; and that the Finance Department is authorized to pay the cost of this replacement in the amount of $120,000.00 from the Federal Emergency Management Agency Fund 12122, Operating Grants – Other Public Services Organization 132038 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 512 – ADOPTED 7-0 40. Res. that, as recommended by the Mayor, the bid from Faure Enterprises, Inc. for maintenance painting of equipment and structures at the wastewater treatment plants and sewage lift stations for 2012 in the amount of $93,288.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Sewer Revenue Fund 21121, Missouri River Wastewater Treatment Plant Organization 116613, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 519 – ADOPTED 7-0 41. Res. that, as recommended by the Mayor, the attached Declara tion of Use, dedicating the southeast corner of Hitchcock Park for use as right of way for streets and other related purposes, be and hereby is approved, and the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 518 – ADOPTED 7-0 - 17 - 42. Res. that pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on May 24, 2011, the City of Omaha officially designates the Millard Days Parade as a special event under LB 589 and NEB. REV. STAT. §39- 1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties imposed by such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a result of the special event and the temporary use of State Highway 50 from “L” Street to “P” Street on August 25, 2012, between the hours of 11:00 a.m. and 1:15 p.m., for the entire route of the Millard Days Parade Committee’s special event, the Millard Days Parade – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 514 – ADOPTED 7-0 43. Res. that the attached contract change order from Daedalus Construction for OPW 51949, South 24th Street Streetscape Phase V increasing the contract amount to $1,358,639.03 is hereby approved and the Finance Department is authorized to pay the cost of OPW 51949, South 24 th Street Streetscape Phase V in the amount of $1,358,639.03 to Daedalus Construction from the 2012 Community Development Block Grant Fund 12186, Organization 129133 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 490 – ADOPTED 7-0 44. Res. that the application of R Hotel LLC for a lease of City property adjacent to 1504 Harney Street, Omaha, Nebraska for purposes of an outdoor eating/drinking area and fence, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 499 – ADOPTED 7-0 - 18 - 45. Res. that as recommended by the Mayor, the City consents to the subordination of its secured interest in property located at 4825 Ames Avenue, Omaha, Nebraska, owned by Iontach Investments, LLC, to a deed of trust se curing a loan from the Lender, the proceeds of which to be used solely for the aforementioned purposes and in an amount not to exceed $179,902.75 plus reasonable closing costs and accrued interest. In addition, the Mayor is hereby authorized to execute a Debt Subordination Agreement to facilitate the refinance of the existing first deed of trust – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 491 – ADOPTED 7-0 46. Res. that, as recommended by the Mayor, the bid in the total amount of $499,750.00, from McGill Restoration, Inc. to furnish labor, materials, and all incidentals necessary to complete the concrete staining, caulking, furnishing, and re-painting at the Lewis and Clark Landing, 345 Riverfront Drive, as the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The work shall include, but not limited to the cleaning and preparing the landing pavement for new stain, re-galvanizing the existing railing, cleaning and re-painting decorative and parking lot light poles, and new joint caulking throughout the stained concrete areas; and that the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the amount of $499,750.00 shall be paid from Lewis and Clark Landing Fund No. 21215 and Organization No. 115545, Lewis and Clark Landin g – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 478 – ADOPTED 7-0 47. Res. that, as recommended by the Mayor, the bid in the total amount of $34,685.00 from W. S. Bunch Company to furnish labor and materials to prepare and paint Elmwood Park swimming pool, 606 S. Happy Hollow Boulevard, Omaha, Nebraska, being the best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bon d Fund No. 13355 and Organization No. 117316, 2011 Issue Parks and Cultures Bond – see attached. - 19 - Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 494 – ADOPTED 7-0 48. Res. that, as recommended by the Mayor, the bid in the total amount of $26,245.00 from W. S. Bunch Company to furnish labor and materials to prepare and paint Gallagher Park swimming pool, 2938 North 52nd Street, Omaha, Nebraska, being the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance h erewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117316, 2011 Issue Parks and Cultures Bond – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 479 – ADOPTED 7-0 49. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Midwest Right of Way Services, Inc., in the total amount of $45,350.00, to provide the services relating to land acquisitions necessary for the South Omaha Trail Phase 2 (formerly known as the Keystone Trail East Connector Phase 2) from South 45th & Dayton Streets to the Southern terminus of the Field Club Trail; and that the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds for these services shall be paid from the 2010 Parks & Recreation Fund No. 13355 and Organization No. 117315, 2010 Issue Parks & Cultures Bond – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 477 – ADOPTED 7-0 - 20 - 50. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Vireo, in the total amount of $48,900.00, to perform professional planning services to include providing an inventory and analysis of Omaha’s historic boulevard system, making recommendations for reconnecting gaps in the system, developing design guidelines for future projects (i.e. sewer and transportation projects) involving the system, and de veloping guidelines for enhancement and identification of the system. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks & Recreation Fund No. 13355 and Organization No. 117317, 2012 Issue Parks & Cultures Bond - see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 493 – ADOPTED 7-0 51. Res. that, as recommended by the Mayor, the bid from Aqua -Chem, Inc. for the purchase of 30,000 gallons of Sodium Hypochloride (liquid chlorine) (@ $1.12 per gallon) in the amount of $33,600.00 and 100 (140 lb.) drums of Hydrochloric (muriatic) Acid (@ $28.00 per drum) in the amount of $2,800.00, for a total amount of $36,400.00, to be used at City of Omaha swimming pools, being the lowest and best bid received, within the bid specifications, attached hereto and made a part hereof, is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the General Fund No. 11111 and Organization No. 115031, Parks Facilities Services – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 495 – ADOPTED 7-0 52. Res. that, as recommended by the Mayor, the park closing hours will be suspended at Common Ground Community Center, 1701 Veterans Drive, Omaha, Nebraska, between 9:00 p.m. on Satu rday, April 28, 2012 and 7:00 a.m. on Sunday, April 29, 2012, to accommodate the overnight event, for the Elkhorn High School Choir – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 480 – ADOPTED 7-0 - 21 - 53. Res. that, as recommended by the Mayor, the purchase from Motorola in the amount of forty-nine-thousand five-hundred forty-eight dollars ($49,548.00) for the purchase of three (3) Motorola GTR8000 Base Radios and accessories that will be used by the Omaha Metropolitan Medical Response System (OMMRS), allowing for communication between decontamination team members during the decontamination process, is hereby approved; and that the Finance Department of the City of Omaha is authorized to pay $49,548.00 budgeted from and funded by the Nebraska Emergency Management Agency (NEMA) FY 2007 Public Safety Interoperable Communications (PSIC) Grant, Award # 2007-GS-H7-0050, Fund 12151, Organization 130621 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 482 – ADOPTED 7-0 54. Res. that the appointment of Leonard M. Romano as a Commissioner of the Omaha Housing Authority in accordance with the terms and conditions of the laws of the State of Nebraska and the City of Omaha, to serve the unexpired term of Donna Wiman commencing upon his confirmation by the City Council, and expiring April 19, 2014, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 515 – ADOPTED 7-0 55. Res. that the nomination and appointment by the Mayor of Joel G. Carson as a member of the Park and Recreation Board, to serve a three-year term commencing upon confirmation by the City Council and expiring April 16, 2015, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 516 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 22 - ORDINANCE ON FINAL READING 56. Spec. Ord. levying a special tax and assessment on certain lots, parts of lots and pieces of real estate in the City of Omaha, to cover the cost of constructing sidewalks in District No. SWR 2011-01 – see attached. ((PUBLIC HEARING HELD 4/3/12 – CAN BE PASSED TODAY)) (See Doc. # 390 – March 27 and April 3 Meetings) Notice of public hearing on April 3, 2012 published in the Daily Record on March 30, 2012. Ordinance passed on April 17, 2012 published in the Daily Record on April 25, 2012. CCID # 390 – Special Ordinance read Motion by Gray that the Special Ordinance be PASSED AS AMENDED Seconded by Jerram ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President SPECIAL ORDINANCE # 10143 – PASSED AS AMENDED 7-0 (a) Amendment requested by the Public Works Department – see attached. # 390 – Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 RESOLUTION 57. Res that the attached The Barker Building, LLC Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project site located at 306 South 15th Street contemplating the conversion and rehabilitation of the historic Barker Building into commercial office/retail along 15th and Farnam Streets and 48 market-rate apartments on the upper floors of the building, recommending the City’s participation through the allocation of Tax Increment Financing (TIF) in an amount up to $1,301,000.00 to offset costs of acquisition, site development, rehabilitation costs, architectural and engineering fees, alley work, and public improvements adjacent to the project site, such as streetscaping and street lights, which includes $20,000.00 of the TIF allocation to the Downtown Public Improvements Fund, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – over from 3/27/12 for re-publication and continuation of public hearing – had re- publication – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 299 – March 6 and March 27 Meetings) - 23 - Bridget Hadley, Planning Department, appeared and spoke. Resolution read Motion by Jerram that the Resolution be ADOPTED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 299 – ADOPTED AS AMENDED 7-0 (a) Amendment requested by the Planning Department – over from 3/27/12 – see attached. (See Doc. # 299 – March 27 Meeting) # 299 - Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 58. Res. that, the Mayor is authorized to sign and the City Clerk to attest the attached Professional Services Agreement between the City of Omaha and NCS International for the year 2012 and to provide payment in an amount not to exceed forty-five thousand dollars ($45,000) for fees and reimbursable expenses; to provide services to identify, contact, and recruit minority owned businesses to locate in north/northeast Omaha; and further, that f unding for this Professional Services Agreement shall be from the General Fund 11111, General Expense 119014, Professional Fees 42239 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Thompson, Festersen, Gernandt, Gray Nays: Jerram, Stothert, Mr. President Res # 481 – ADOPTED 4-3 - 24 - ORDINANCES ON SECOND READING 59. Ord. to adopt a new Article III of Chapter 38 of the Omaha Municipal Code, to be entitled “Pedicabs”; to require a permit for the operation of a pedicab on certain streets in the area of the College World Series, during the time period of that event; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 463 – March 27 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Mike Battershell, 2325 South 32nd Avenue For the City: Deputy Chief Todd Schmaderer, Police Department CCID # 463 – Public hearing was held today – Final reading set for April 24, 2012 as per City Charter requirements. 60. Ord. to amend certain portions of Special Levy Ordinance No. 10132 levying an assessment for weed abatement in the year 2012, by repealing the assessment on the properties located at 2567 Woolworth Avenue, 5232 N. 13th Street and 1402 Jaynes Street; and to provide for an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 440 – March 27 Meeting) CCID # 440 – Public hearing was held today – Final reading set for April 24, 2012 as per City Charter requirements. 61. Ord. to amend certain portions of Special Levy Ordinance No. 10133 levying an assessment for weed abatement in the year 2012, by repealing the asses sment on the properties located at 2567 Woolworth Ave and 1402 Jaynes St reet; and to provide for an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 441 – March 27 Meeting) CCID # 441 – Public hearing was held today – Final reading set for April 24, 2012 as per City Charter requirements. 62. Ord. to amend certain portions of Special Levy Ordinance No. 10134 levying an assessment for litter abatement in the year 2012, by repealing the assessment on the property located at 2567 Woolworth Avenue; and to provide for an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 442 – March 27 Meeting) CCID # 442 – Public hearing was held today – Final reading set for April 24, 2012 as per City Charter requirements. - 25 - 63. Ord. to amend certain portions of Special Levy Ordinance No. 10136 levying an assessment for weed abatement in the year 2012, by repealing the assessm ent on the property located at 5232 N 13th St; and to provide for an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 443 – March 27 Meeting) CCID # 443 – Public hearing was held today – Final reading set for April 24, 2012 as per City Charter requirements. 64. Ord. to amend certain portions of Special Levy Ordinance No. 10137 levying an assessment for weed abatement in the year 2012, by repealing the assessment on the properties located at 2567 Woolworth Avenue, 5232 N 13th Street, and 1402 Jaynes Street; and to provide for an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 444 – March 27 Meeting) CCID # 444 – Public hearing was held today – Final reading set for April 24, 2012 as per City Charter requirements. 65. Ord. to amend certain portions of Special Levy Ordinance No. 10138 levying an assessment for weed abatement in the year 2012, by repealing the assessment on the property located at 2567 Woolworth Avenue; and to provide for an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 445 – March 27 Meeting) CCID # 445 – Public hearing was held today – Final reading set for April 24, 2012 as per City Charter requirements. 66. Ord. to amend certain portions of Special Levy Ordinance No. 10139 levying an assessment for litter abatement in the year 2012, by repealing the assessment on the property located at 1402 Jaynes Street; and to provide for an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 446 – March 27 Meeting) CCID # 446 – Public hearing was held today – Final reading set for April 24, 2012 as per City Charter requirements. - 26 - APPEAL RE: BID REJECTION 67. Adam Dubuc, representing Marsden Building Maintenance LLC, appeals the rejection of their bid of March 28, 2012 for the Janitorial Services (Community Centers, Ice Arena & Nature Center) – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO ALLOW OR DENY THE APPEAL, AND IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Adam Dubuc, Marsden Building Maintenance, LLC, 18658 “R” Street For the City: Heather Tippey Pierce, representing the Parks, Recreation and Public Property Department Paul Kratz, City Attorney Brooke Bench, Acting Parks, Recreation and Public Property Director CCID # 517 – Motion by Gray that the bid rejection appeal be denied and direct the Parks, Recreation and Public Property Department to rebid the project Seconded by Thompson Substitute Motion by Stothert that the bid rejection appeal be allowed and limit Marsden Building Maintenance to submit Exhibit “A” only Paul Kratz, City Attorney, ruled the Substitute Motion out of order Original Motion by Gray that the bid rejection appeal be denied and direct the Parks, Recreation and Public Property Department to rebid the project Seconded by Thompson ROLL CALL: Yeas: Jerram, Thompson, Festersen, Gernandt, Gray, Mr. President Nay: Stothert Motion Carried 6-1 (a) Communication from Eric Carlson, Purchasing Agent, Douglas County Purchasing, re: the bid of Marsden Building Maintenance LLC for the Janitorial Services (Community Centers, Ice Arena & Nature Center) – see attached. # 517 – From Chair on File - 27 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 68 THROUGH 71 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 68. Ord. to rezone the properties located at 1002, 1010 and 1012 South 10th Street from HI - Heavy Industrial District to CBD - Central Business District. CCID # 483 – Publication to be made and public hearing and third reading to be held on May 1, 2012 as per City Charter requirements. Planning Board and Planning Department recommend approval of a request to rezone properties located at 1002, 1010 and 1012 South 10th Street from HI to CBD – see attached. # 483 – Over to 05/01/12 69. Ord. to rezone the properties located at 2906, 2930 and 3002 South 24 th Street and 2424 Oak Street from CC-Community Commercial District and GI-General Industrial District to CC-Community Commercial District. CCID # 484 – Publication to be made and public hearing and third reading to be held on May 1, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone properties located at 2906, 2930 and 3002 South 24th Street and 2424 Oak Street from CC and GI to CC – see attached. # 484 – Over to 05/01/12 70. Ord. to rezone the property located at 14014 North 108th Street from AG-ED- Agricultural District (with an Environmental District overlay) to DR-ED- Development Reserve District (with an Environmental District overlay). CCID # 485 – Publication to be made and public hearing and third reading to be held on May 1, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 14014 North 108th Street from AG-ED to DR-ED – see attached. # 485 – Over to 05/01/12 - 28 - ORDINANCE ON FIRST READING and Planning Board Attachment 71. Ord. to approve a Major Amendment to the Mixed Use District Development Agreement for Legacy to amend the Legacy Mixed Use Agreement to approve an updated site plan and updated agreement, located Northwest of 168 th Street and Oak Drive between the City of Omaha and Legacy Development, L.L.C. providing site development standards; and to provide for an effective date – see attached. CCID # 486 – Publication to be made and public hearing and third reading to be held on May 1, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a Major Amendment to the Mixed Use District Development Agreement for Legacy to amend the Legacy Mixed Use Agreement to allow Assisted living, located Northwest of 168th Street and Oak Drive – see attached. # 486 – Over to 05/01/12 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 72 THROUGH 77 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 72. Ord. approving a property lease agreement between the City of Omaha and Bemis Center for Contemporary Arts, a Nebraska non-profit corporation, 724 South 12th Street, to lease commercial space, owned by the City, located at 2416 Lake Street for a three (3)-year period; to allow for the modification of the interior of the structure at that location to accommodate and operate a contemporary art and culture facility, including art gallery/event space, art studios, a small café; to allow for the use of the exterior of the premises for additional event space; and provides for an effective date – see attached. CCID # 496 – Motion by Gray to set the public hearing on the third reading on May 1, 2012 Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 - 29 - 73. Ord. approving an Agreement for the sale of City -owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Agreement with Omaha Economic Development Corporation, a Nebraska non-profit Corporation, 2221 N. 24th Street, Omaha, NE 68110, to convey the property described in the attached agreement, located at 2108 N. 25th Street, in consideration of the sum of One and 00/100 Dollars ($1.00) for development of affordable housing; there are no expenses associated with the transfer of the property to Omaha Economic Development Corporation; and to provide the effective date hereof – see attached. CCID # 488 – Publication to be made and public hearing to be held on April 24, 2012 as per City Charter requirements. 74. Ord. to amend Chapter 10, Article IX of the Omaha Municipal Code by adding a new Section 10-263.1 entitled “School District 10,”; to provide a fee exemption to the schools located in School District 10, commonly known as the Elkhorn School District and to provide an effective date – see attached. CCID # 497 – Publication to be made and public hearing to be held on April 24, 2012 as per City Charter requirements. 75. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a new Class “A” Flammable Liquids Storage District, to be known as District No. A - 149, at 1613 North 11th Street, as requested by Cooter Salvage; and to provide the effective date hereof – see attached. CCID # 487 – Publication to be made and public hearing to be held on April 24, 2012 as per City Charter requirements. 76. Ord. to approve the acceptance of and authorize the disbursement from the FY 2012 Midwest HIDTA Grant Award, #G12MW0008A, from the Executive Office of the President, Office of National Drug Control Policy, in the amount of $268,188.00, to provide funding for the coordination, investigation, and training activities to combat drug trafficking during the project period extending from January 1, 2012 to December 31, 2013; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof – see attached. CCID # 489 – Publication to be made and public hearing to be held on April 24, 2012 as per City Charter requirements. - 30 - 77. Ord. approving an Interlocal Agreement between the City of Omaha and Douglas County, Nebraska, involving appropriations out of more than one year as provided by Section 5.17 of the Home Rule Charter providing for the continuation of the Douglas Omaha Technology Commission, hereinafter referred to as “DOT.Comm” for an additional term until December 31, 2016 with possible one year renewals thereafter; to provide a method for the City and County to continue to work together and cooperate with one another in an effort to obtain information technology services and support in a secure and cost efficient and effective manner; and to provide for an effective date thereof – see attached. CCID # 523 – Publication to be made and public hearing to be held on April 24, 2012 as per City Charter requirements. * * * * * * * * * * * * * RECONSIDERATION 78. Motion by Councilmember Gray to reconsider Resolution #455 adopted on April 3, 2012, being the application of TYG Corporation, Inc., dba “Downtown Food Mart”, 318 South 16th Street for a Package Liquor License, with roll call on April 24, 2012. CCID # 455 – Motion by Gray to reconsider Resolution No. 455 of April 3, 2012 with Roll Call on April 24, 2012 Seconded by Festersen EXECUTIVE SESSION 79. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. - 31 - SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR APRIL 17, 2012 LEGISLATIVE CHAMBERS – 2:00 P.M. - PREPARED APRIL 16, 2012 AT 11:00 A.M. ADDITIONAL RESOLUTIONS 80. Res. that, as recommended by the Mayor, the purchase based upon the quote of Sid Dillon Wahoo in the amount of $1,147,280.00, which represents Nebraska State Contract bid pricing, having been determined to be the best available current price, for forty (40) Year 2012 Chevy Caprice police cruisers for the Omaha Police Department; and the purchase based upon the quote of Anderson Ford Lincoln Mercury Mazda in the amount of $136,430.00, which represents Nebraska State Contract bid pricing, having been determined to be the best available current price, for five (5) Year 2012 Ford Interceptor Police Utility Vehicles (PUV), is hereby approved, and that the Finance Department of the City of Omaha is authorized to pay the cost of the forty (40) cruisers and five (5) PUVs in the total amount of $1,283,710.00 from the City Capital Improvement Fund 13112, Organization 113141 Fleet/Facilities, Account 47031 Vehicles Small/Law Enforcement Only. The City will finance the purchase of the equipment through the issuance of lease purchase bonds by the Public Facilities Corporation which the City anticipates will be issued by September 2012. The Omaha Police Department will make semi-annual payments to the Public Facilities Corporation over a three year period to repay the bonds – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: John Wells, President, Omaha Police Officer’s Association, 13445 Cryer Avenue For the City: Deputy Chief Elizabeth Davis, Police Department Mark McCoy, Fleet Management Pam Spaccarotella, Finance Director Interim Chief David Baker, Police Department Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray Nay: Mr. President Res # 525 – ADOPTED 6-1 - 32 - 81. Res. that, as recommended by the Mayor, the purchase based upon the proposal from Turn-Key Mobile, Inc. in the amount of $320,906.00, for the purchase of laptop computers, monitors, and associated mounting equipment for the Omaha Police Department, is hereby approved, and that the Finance Department of the City of Omaha is authorized to pay $320,906.00 for the cost of the laptops, monitors, and mounting equipment from Year 2012, Fund 11111, Organization 113213, Account 44113 Microcomputers and Accessories – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Deputy Chief Elizabeth Davis, Police Department, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 526 – ADOPTED 7-0 82. Res. that, the appointment by the Honorable Jim Suttle of Fred L. Clark to be a member of the Downtown Business Improvement Area Board to serve a five year term from the date of his appointment to April 16, 2017 is hereby confirmed by the City Council – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 527 – ADOPTED 7-0 83. Res. that the appointment by the Mayor of John Hargiss as a member of the Landmarks Heritage Preservation Commission to fill the position of owner/operator of a business or property and to serve a three year term to commence on April 24, 2012, and expire on April 23, 2015, be and hereby is confirmed – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 528 – ADOPTED 7-0 - 33 - 84. Res. that the appointment by the Mayor of Brian Feyerherm, to serve a three - year term, as a general public member of the Plumbing Board, said term to commence on April 17, 2012, and expire on April 16, 2015, be and hereby is confirmed – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 529 – ADOPTED 7-0 “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 85 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – AMENDMENT TO LARGE PROJECT 85. Res. that the Special Use Permit application submitted by TD Ameritrade, for a Major Amendment to a Large Project Special Use Permit to allow signage not in compliance with Chapter 55 Zoning of the Omaha Municipal Code in a GO - General Office District, located Southwest of 108th Avenue and Old Mill Road, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibi t "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55 -885 of the Omaha Municipal Code – see attached. Notice of public hearing on May 1, 2012 published in the Daily Record on April 20, 2012. CCID # 530 – Over two weeks to May 1, 2012 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board recommends approval of the request of TD Ameritrade for a Major Amendment to a Large Project Special Use Permit to allow signage not in compliance with Chapter 55 Zoning of the Omaha Municipal Code in a GO District, located Southwest of 108th Avenue and Old Mill Road – see attached. # 530 – Over to 05/01/12 - 34 - (b) Planning Department recommends DENIAL of the request of TD Ameritrade for a Major Amendment to a Large Project Special Use Permit to allow signage not in compliance with Chapter 55 Zoning of the Omaha Municipal Code in a GO District, located Southwest of 108th Avenue and Old Mill Road – see attached. # 530 – Over to 05/01/12 * * * * * * * * * * * * * * Motion by Gray that the meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 ADJOURNED: 3:21 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on April 17th, 2012. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO ACTING MAYOR THOMAS MULLIGAN ON THE 19th DAY OF APRIL, 2012.