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2012-04-24j13th REGULAR OMAHA CITY COUNCIL MEETING APRIL 24, 2012 THE CITY COUNCIL met in Regular Session on Tuesday, April 24, 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 # 531 – Present: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Garry Gernandt of District No. 4. 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 20, 2012, notice re: Pre-Council and Regular City Council Meetings, April 24, 2012. CCID # 532 – 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 - RECONSIDERATION RE: LIQUOR 5. Res. to grant Package Liquor License to TYG Corporation, Inc., dba “Downtown Food Mart”, 318 South 16th Street – over from 4/17/12 for roll call on re- consideration – see attached. ((IF RE-CONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 455 – April 3 and April 17 Meetings) Officer Hanson, Police Department, appeared and spoke. CCID # 455 – ROLL CALL ON RECONSIDERATION Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass Motion by Festersen that the Resolution to DENY be adopted Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 455 – ADOPTED 6-0-1 Pass RESOLUTIONS RE: PRELIMINARY PLATS 6. Res. that the preliminary plat entitled RANCH VIEW ESTATES 3, located Southwest of 213th and Walnut Streets, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Jeff Elliott, E & A Consulting Group Protestants: Garry Johnson, 21402 Walnut Street David Ulch, 21403 Hickory Street Derrick Rouse, 21323 Walnut Street For the City: Rick Cunningham, Planning Director Chad Weaver, Planning Department - 3 - Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 543 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of RANCH VIEW ESTATES 3, located Southwest of 213th and Walnut Streets – Outside City – see attached. # 543 – From Chair on File (b) Communication opposing the resolution to approve the Preliminary Plat of RANCH VIEW ESTATES 3, located Southwest of 213th and Walnut Streets – see attached. # 543 – 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” 7. Res. that the preliminary plat entitled UNITED STATES COLD STORAGE ADDITION, located Southeast of Dahlman Avenue and G Street, 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 8, 2012 published in the Daily Record on April 27, 2012. CCID # 540 – Over two weeks to May 8, 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 UNITED STATES COLD STORAGE ADDITION, located Southeast of Dahlman Avenue and G Street – Inside City – see attached. # 540 – Over to 05/08/12 * * * * * * * * * * * * * * - 4 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 8 SHALL BE LAID OVER TWO WEEKS” 8. Res. that the preliminary plat entitled NORTHERN HILLS ESTATES TWO generally located Southeast of 72nd Street and Northern Hills Drive, attached hereto and made a part hereof as Exhibit “A”, with a request for a waiver of Section 53-9(9) regarding Sidewalks, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – see attached. CCID # 541 – Over two weeks to May 8, 2012 pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of NORTHERN HILLS ESTATES TWO with a waiver of Section 53-9(9) of the Omaha Municipal Code regarding Sidewalks, generally located Southeast of 72nd Street and Northern Hills Drive – Outside City – see attached. # 541 – Over to 05/08/12 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 9 THROUGH 10 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – DEVELOPMENT IN THE NORTH HILLS ENVIRONMENTAL OVERLAY DISTRICT 9. Res. that the Special Use Permit application submitted by Keith B. Edquist for a Special Use Permit to allow development in the North Hills Environmental Overlay District, generally located Southeast of 72 nd Street and Northern Hills Drive, 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, condition 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 8, 2012 published in the Daily Record on April 27, 2012. - 5 - CCID # 542 – Over two weeks to May 8, 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 Keith B. Edquist for a Special Use Permit to allow development in the North Hills Environmental Overlay District for property generally located Southeast of 72 nd Street and Northern Hills Drive – see attached. # 542 – Over to 05/08/12 PLAT AND DEDICATION 10. Plat and Dedication of a strip of land (0.023 acres) along the east boundary of Lot 1, Armstrong’s First Addition Replat 23, located Northwest of 24th and Cuming Streets – Inside City – see attached. Notice of public hearing on May 8, 2012 published in the Daily Record on April 27, 2012. CCID # 544 – Over two weeks to May 8, 2012 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a strip of land (0.023 acres) along the east boundary of Lot 1, Armstrong’s First Addition Replat 23, located Northwest of 24th and Cuming Streets – Inside City – see attached. # 544 – Over to 05/08/12 * * * * * * * * * * * * * * LIQUOR 11. CLASS “C” – Another Neighborhood Bar, Limited, dba “Mr. Vogetilli’s Outlier”, 5004 Dodge Street. New application, New location. Property posted: 04 -04-12; Notification sent: 04-13-12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Sean Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. - 6 - Motion by Festersen that the Resolution to GRANT be adopted contingent upon no single off sales and their compliance with the City of Omaha Planning Department and proper permits obtained Seconded by Thompson ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 533 – ADOPTED 6-0-1 Pass (a) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: Another Neighborhood Bar, Limited, dba “Mr. Vogetilli’s Outlier”, 5004 Dodge Street for an addition to their present Class “C” Liquor License – see attached. # 533 – From Chair on File (b) Communication from Dave Schinzel, President of Dundee - Memorial Park Association, re: Class “C” Liquor License application of Another Neighborhood Bar, Limited, dba “Mr. Vogetilli’s Outlier”, 5004 Dodge Street – see attached. # 533 – From Chair on File 12. CLASS “C” - KAR Restaurant Group, LLC, dba “The Mill”, 13806 “P” Street. New application, New location. Property posted: 04-12-12; Notification sent: 04-13- 12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) J.D. Cunningham, 7517 North 73rd Avenue, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 534 – ADOPTED 7-0 - 7 - 13. CLASS “C’ – Matt & Karen, Inc., dba “O Face Bar”, 1014 South 74 th Plaza. New application, Old location. Present licensee is O’Brien’s Lounge, Inc., dba “O’Brien’s Lounge”, 1014-1016 South 74th Plaza, who has a Class “C” and Catering Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Matt Overmyer, 10610 South 17th Street, Bellevue, NE, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 535 – ADOPTED 7-0 14. CATERING – Matt & Karen, Inc., dba “O Face Bar”, 1014 South 74 th Plaza. New application, Old location. Present licensee is O’Brien’s Lounge, Inc., dba “O’Brien’s Lounge”, 1014-1016 South 74th Plaza, who has a Class “C” and Catering Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Matt Overmyer, 10610 South 17th Street, Bellevue, NE, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 536 – ADOPTED 7-0 15. CIGAR BAR – Oasis Hookah Bar & Café, LLC, dba “Oasis Hookah Bar”, 1507 Farnam Street. New application, New location. (To coincide with the pending Class “C” Liquor License approved by City Council on March 13, 2012) Property posted: 4-9-12; notification sent: 4-13-12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Jesse Hill, 1802 North 28th Street Eric Curtis, 5513 North 37th Street - 8 - Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Mr. President Nays: Stothert, Thompson, Jerram Res # 537 – ADOPTED 4-3 (a) Communication opposing the application of Oasis Hookah Bar & Café, LLC, dba “Oasis Hookah Bar”, 1507 Farnam Street, for a Cigar Bar License – see attached. # 537 – From Chair on File 16. CCW, LLC, dba “HuHot Mongolian Grill”, 990 South 72nd Street, requests permission to appoint Roger J. Kneivel manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Roger Kneivel, 116 Citadel Drive, Papillion, NE, appeared and spoke. CCID # 538 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 17. Red Robin International, Inc., dba “Red Robin America’s Gourmet Burgers & Spirits”, 14455 West Maple Road, requests permission to appoint Elizabeth A. Boomer manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Elizabeth Boomer, 14611 Ames Plaza, appeared and spoke. CCID # 539 – Motion by Gray that the request be approved Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 - 9 - 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. 18 through 24 were held on April 17, 2012.) CONSENT AGENDA – ORDINANCES 18. 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. (See Doc. # 440 – April 3 and April 17 Meetings) Notice of public hearing on April 17, 2012 published in the Daily Record on April 6, 2012. Ordinance passed on April 24, 2012 published in the Daily Record on May 2, 2012. CCID # 440 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39300 – PASSED 7-0 19. Ord. to amend certain portions of Special Levy Ordinance No. 10133 levying an assessment for weed abatement in the year 2012, by repealing the assessment on the properties located at 2567 Woolworth Ave and 1402 Jaynes St reet; and to provide for an effective date hereof – see attached. (See Doc. # 441 – April 3 and April 17 Meetings) Notice of public hearing on April 17, 2012 published in the Daily Record on April 6, 2012. Ordinance passed on April 24, 2012 published in the Daily Record on May 2, 2012. CCID # 441 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39301 – PASSED 7-0 - 10 - 20. 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. (See Doc. # 442 – April 3 and April 17 Meetings) Notice of public hearing on April 17, 2012 published in the Daily Record on April 6, 2012. Ordinance passed on April 24, 2012 published in the Daily Record on May 2, 2012. CCID # 442 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39302 – PASSED 7-0 21. Ord. to amend certain portions of Special Levy Ordinance No. 10136 levying an assessment for weed abatement in the year 2012, by repealing the assessment on the property located at 5232 N 13th St; and to provide for an effective date hereof – see attached. (See Doc. # 443 – April 3 and April 17 Meetings) Notice of public hearing on April 17, 2012 published in the Daily Record on April 6, 2012. Ordinance passed on April 24, 2012 published in the Daily Record on May 2, 2012. CCID # 443 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39303 – PASSED 7-0 22. 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. (See Doc. # 444 – April 3 and April 17 Meetings) Notice of public hearing on April 17, 2012 published in the Daily Record on April 6, 2012. Ordinance passed on April 24, 2012 published in the Daily Record on May 2, 2012. CCID # 444 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39304 – PASSED 7-0 - 11 - 23. 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. (See Doc. # 445 – April 3 and April 17 Meetings) Notice of public hearing on April 17, 2012 published in the Daily Record on April 6, 2012. Ordinance passed on April 24, 2012 published in the Daily Record on May 2, 2012. CCID # 445 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39305 – PASSED 7-0 24. 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. (See Doc. # 446 – April 3 and April 17 Meetings) Notice of public hearing on April 17, 2012 published in the Daily Record on April 6, 2012. Ordinance passed on April 24, 2012 published in the Daily Record on May 2, 2012. CCID # 446 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39306 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 25 through 38 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) - 12 - CONSENT AGENDA – RESOLUTIONS 25. Res. that, as recommended by the Mayor, the bid from DPC Industries, Inc. for an open order for the purchase of sodium hypochlorite to be utilized by the Missouri River Wastewater and Papillion Creek Wastewater Treatment Plants in the amount of $423,750.00 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 116612 in the amount of $220,350.00 and from the Papillion Creek Wastewater Treat ment Plant Organization in the amount of $203,400.00, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 545 – ADOPTED 7-0 26. Res. that, as recommended by the Mayor, the bid from Thatcher Company of Montana for an open order for the purchase of sodium bisulfite to be utilized by the Missouri River Wastewater and Papillion Creek Wastewater Treatment Plants in the amount of $350,075.00 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 11 6612 in the amount of $127,300.00 and from the Papillion Creek Wastewater Treatment Plant Organization in the amount of $222,775.00, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 546 – ADOPTED 7-0 27. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to The Filter Shop, Inc. for the purchase of air filters to be utilized by the Facilities Management Division in the amount of $26,643.09; 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 Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 547 – ADOPTED 7-0 - 13 - 28. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Husker Auto Group for the purchase of two half ton, extended cab, 4 door, 4x4 pickup trucks as detailed in the attached inter -office communication in the total amount of $48,500.00; and, that the Finance Department is authorized to pay this cost from the Street and H ighway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2012 funding – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 548 – ADOPTED 7-0 29. Res. that the City Council of the City of Omaha recommends to Douglas County the vacation of a portion of Wright Street, east of 240th Street, pursuant to Exhibit “A”, a copy of which is attached hereto and made a part hereof by this reference, and the condition set out in Exhibit “B” attached hereto and made a part hereof by this reference; further that, the City Clerk is authorized to file a certified cop y of this Resolution in the Office of the Douglas County Clerk – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 549 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the vacation of a portion of Wright Street, east of 240th Street – Outside City – see attached. # 549 – From Chair on File 30. Res. that the attached Grant Agreement, as recommended by the Mayor, to provide a Community Development Block Grant (CDBG) in the amount of $51,190.00 for the rehabilitation and lead reduction work, when applicable, at the property owned and occupied by Sally Calabro, located at 4234 Lake Street Street, Omaha, Nebraska 68111, is hereby approved. The contract is to be awarded to Goly Young Construction. Funds in the amount of $51,190.00 shall be paid from the Strategic Neighborhood Action Plan Program, Fund No. 12186, Organization No. 129114 – see attached. - 14 - Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 550 – ADOPTED 7-0 31. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Placzek Studios, Inc., in the total amount of $103,770.00, to repair and refurbish the Labor Monument at Lewis & Clark Landing, 345 Riverfront Drive, including new above ground lighting, 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 & 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 Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 551 – ADOPTED 7-0 32. Res. that, as recommended by the Mayor, the bid in the total amount of $525,957.01, from Calabretto Building Group, Inc. to furnish labor, materials, and all incidentals necessary to complete the pavilion, picnic shelters, restrooms, maintenance building renovation, and flood restoration at N. P. Dodge Park, located at 11001 John J. Pershing 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 general interior building construction electrical, plumbing, mechanical, interior painting, and exterior painting. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the amount of $525,957.01 shall be paid from the Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, 2012 Issue Parks and Cultures Bond – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 552 – ADOPTED 7-0 - 15 - 33. Res. that, as recommended by the Mayor, the bid as follows; Kid’s Clubhouse, $107.50 per bus/day, Hummel Park Day Camp (Mon.-Thurs.), $132.50 per bus/day, and Hummel Park Day Camp (Fridays only), $83.50 per bus/day, from First Student, Inc., to provide Charter Bus Services for the Summer Recreation Programs at various Kid’s Clubhouse park locations, being the lowest and best bid received, within bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the total amount of $22,500.00 shall be paid from the General Fund No. 11111 and Organization Nos. 115111, Community Center Administration, and 115352, Day Camp Summer – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 553 – ADOPTED 7-0 34. Res. that, as recommended by the Mayor, the bid in the total amount of $146,043.00 from Midwest Turf & Irrigation, to purchase three (3) Toro Groundmaster 4000D, 11” Self -propelled Mowers with Midwest Turf & Irrigation, to be utilized by the Park Maintenance Division of the Parks, Recreation and Public Property Department, being the second lowest and best bid received, within bid specifications, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conf ormance herewith. Funds in this amount shall be paid from the General Fund No. 11111 and Organization No. 115025, Grounds Maintenance Contract – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 554 – ADOPTED 7-0 35. Res. that, as recommended by the Mayor, the purchase based upon the bid from Ultramax Ammunition in the amount of $67,839.00, for certain types of ammunition for the Omaha Police Department, and which bid and bid tab is incorporated herein by this reference, is hereby accepted and the same hereby approved, and that the Finance Department of the City of Omaha is author ized to pay the cost of this ammunition purchase in the total amount of $67,839.00 from Fiscal Year 2012, General Fund 11111, Organization 113171 Training Academy, Account 43916 Ammunition – see attached. - 16 - Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 555 – ADOPTED 7-0 36. Res. that, as recommended by the Mayor, the purchase based upon the quot e from Dakota Security Systems, Inc. in the amount of $35,076.80, to install security cameras in the Omaha Police Department Evidence/Property Squad area, is hereby approved, and that the Finance Department of the City of Omaha is authorized to pay $30,471.80 for the cost of the security cameras from Year 2012, General Fund 11111, Organization 113141 Fleet and Facilities, Account 43219 Other Construction and Maintenance Supplies; and funds of $4,605.00 from Year 2012, General Fund 11111, Organization 113141 Fleet and Facilities, Account 42415 M & R Land, Building and Improvements – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 556 – ADOPTED 7-0 AGENDA ITEM NO. 37 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF THE CITY CLERK 37. Res. that the appointment by Mayor Jim Suttle of Amy A. Haase as a member of the Transit Authority Board of Directors to serve a five-year term, which will commence on April 17, 2012, and expire on April 16, 2017, be and hereby is confirmed and approved – see attached. CCID # 568 – Motion by Jerram that the Resolution be laid over four weeks to May 22, 2012 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communication from Barb Velinsky, Mayor’s Office, requesting that the resolution to appoint Amy A. Haase as a member of the Transit Authority Board of Directors be laid over 4 weeks to May 22, 2012 – see attached. # 568 – From Chair on File - 17 - 38. Res. that the term of the franchise held by CenturyLink, Inc., to operate a cable communications system within the City of Omaha is hereby continued to December 31, 2012. This continuance is subject to compliance with the law and the terms, conditions, and obligations of that franchise agreement and this resolution – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 569 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCE ON FINAL READING 39. 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 HELD 4/17/12 – CAN BE PASSED TODAY)) (See Doc. # 463 – April 3 and April 17 Meetings) Notice of public hearing on April 17, 2012 published in the Daily Record on April 6, 2012. Ordinance passed on April 24, 2012 published in the Daily Record on May 2, 2012. CCID # 463 – Ordinance read Motion by Jerram that the Ordinance be PASSED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39307 – PASSED AS AMENDED 7-0 (a) Amendment requested by the Police Department – see attached. # 463 – Motion by Thompson that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 - 18 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 40 THROUGH 43 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 40. Ord. to rezone the properties located at 1002, 1010 and 1012 South 10th Street from HI - Heavy Industrial District to CBD - Central Business District. (See Doc. # 483 – April 17 Meeting) CCID # 483 – ORDINANCE ON SECOND READING – Final reading to be held on May 1, 2012 as per City Charter requirements. 41. 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. (See Doc. # 484 – April 17 Meeting) CCID # 484 – ORDINANCE ON SECOND READING – Final reading to be held on May 1, 2012 as per City Charter requirements. 42. 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). (See Doc. # 485 – April 17 Meeting) CCID # 485 – ORDINANCE ON SECOND READING – Final reading to be held on May 1, 2012 as per City Charter requirements. ORDINANCES ON SECOND READING 43. 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. (See Doc. # 486 – April 17 Meeting) CCID # 486 – ORDINANCE ON SECOND READING – Final reading to be held on May 1, 2012 as per City Charter requirements. * * * * * * * * * * * * * - 19 - 44. 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 af fordable 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. ((PUBLIC HEARING TODAY)) (See Doc. # 488 – April 17 Meeting) CCID # 488 – Public hearing was held today – Final reading set for May 1, 2012 as per City Charter requirements. 45. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 497 – April 17 Meeting) CCID # 497 – Public hearing was held today – Final reading set for May 1, 2012 as per City Charter requirements. 46. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 487 – April 17 Meeting) CCID # 487 – Public hearing was held today – Final reading set for May 1, 2012 as per City Charter requirements. 47. Ord. to approve the acceptance of and authorize the disbursemen t 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. ((PUBLIC HEARING TODAY)) (See Doc. # 489 – April 17 Meeting) - 20 - CCID # 489 – Public hearing was held today – Final reading set for May 1, 2012 as per City Charter requirements. 48. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 523 – April 17 Meeting) Bernard in den Bosch, Assistant City Attorney, appeared and spoke. CCID # 523 – Public hearing was held today – Final reading set for May 1, 2012 as per City Charter requirements. 49. 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. ((PUBLIC HEARING TO BE HELD ON THIRD READING ON 5/1/12)) (See Doc. # 496 – April 17 Meeting) CCID # 496 – Public hearing was held today – Final reading set for May 1, 2012 as per City Charter requirements. - 21 - “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NOS. 50 THROUGH 53 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” RESOLUTIONS 50. Res. that the study area of Census Tract 61.01, Block Groups 2 & 3 consisting of approximately 345.9 acres and generally bound by 48 th Street on the west, Fort Street on the south, Nebraska Avenue on the north and 42 nd Street on the east is hereby declared to meet the standards of a substandard and blighted area in need of redevelopment as contemplated by the requirements of Nebraska Community Development Law and is hereby designated a community redevelopment area – see attached. Notice of public hearing on May 15, 2012 published in the Daily Record and the Omaha World Herald on April 26, 2012 and May 3, 2012. CCID # 557 – Over three weeks to May 15, 2012 for publication and public hearing pursuant to City Council Rule VII F. 51. Res. that the study area of Census Tract 67.03 Block Group 1 consisting of approximately 305.6 acres and generally bound by 114 th Street and I-680 W on the west, Pacific Street on the south, West Dodge Road on the north and I -680 E on the east is hereby declared to meet the standards of a substandard and blighted area in need of redevelopment as contemplated by the requirements of Nebraska Community Development Law and is hereby designated a community redevelopment area – see attached. Notice of public hearing on May 15, 2012 published in the Daily Record and the Omaha World Herald on April 26, 2012 and May 3, 2012. CCID # 558 – Over three weeks to May 15, 2012 for publication and public hearing pursuant to City Council Rule VII F. 52. Res. that the study area of Census Tract 74.59 Block Group 1 consisting of approximately 24.7 acres and generally bound by “L” Street on the north, floodway and 73rd Street on the southwest, and 72nd Street on the east is hereby declared to meet the standards of a substandard and blighted area in need of redevelopment as contemplated by the require ments of Nebraska Community Development Law and is hereby designated a community redevelopment area – see attached. Notice of public hearing on May 15, 2012 published in the Daily Record and the Omaha World Herald on April 26, 2012 and May 3, 2012. CCID # 559 – Over three weeks to May 15, 2012 for publication and public hearing pursuant to City Council Rule VII F. - 22 - 53. Res. that the study area of Census Tract 75.06, Block Groups 1 & 2 cons isting of approximately 64 acres and generally bounded by the outside boundaries of the exterior census blocks as follows: 2010 Census Blocks: 1025, 1026, 1030, 1031, 1032, 1033, 1034, 1037, 1038, 1040, 1041, 1042, 2015, 2017, 2034, 2035, 2040, and 2088; and, partially includes 2013 and 2036, and general boundaries of 204th Street on the east, 207th on the west, Glenn Street on the north, and Blondo Street on the south is hereby declared to meet the standards of a substandard and blighted area in need of redevelopment as contemplated by the requirements of Nebraska Community Development Law and is hereby designated a community redevelopment area; and, that any portion of the area located in SID #553 that is not currently in the corporate limits of the City of Omaha that has been found to meet the standards of blighted and substandard will be considered to meet this standard if it is annexed within eighteen (18) months of the date of the passage of this resolution – see attached. Notice of public hearing on May 15, 2012 published in the Daily Record and the Omaha World Herald on April 26, 2012 and May 3, 2012. CCID # 560 – Over three weeks to May 15, 2012 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 54 THROUGH 56 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 54. Ord. to rezone the property located at 4623 Douglas Street from GI -General Industrial District to R5(35)-Urban Family Residential District. CCID # 561 – Publication to be made and public hearing and third reading to be held on May 8, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 4623 Douglas Street from GI to R5(35) – see attached. # 561 – Over to 05/08/12 55. Ord. to rezone the property located at 3873 Gold Street from R4(35)-Single- Family Residential District (High Density) to R5-Urban Family Residential District. CCID # 562 – Publication to be made and public hearing and third reading to be held on May 8, 2012 as per City Charter requirements. - 23 - (a) Planning Board and Planning Department recommend DENIAL of a request to rezone the property located at 3873 Gold Street from R4(35) to R5 – see attached. # 562 – Over to 05/08/12 ORDINANCE ON FIRST READING and Planning Board Attachment 56. Ord. to approve the Public Facilities Element of the Master Plan for the City of Omaha, and to provide for the effective date hereof – see attached. CCID # 563 – Publication to be made and public hearing and third reading to be held on May 8, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the Public Facilities Element of the City of Omaha Master Plan – see attached. # 563 – Over to 05/08/12 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 57 THROUGH 60 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 57. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the Minne Lusa Stormwater Conveyance (CSO) from 16th Street & Storz Expressway to 31st Avenue & Sprague Street, also known as City Project No. OPW 52004, providing that the City negotiate with the property owners for land acquisition , permanent easements and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. CCID # 564 – Publication to be made and public hearing to be held on May 1, 2012 as per City Charter requirements. - 24 - 58. Ord. to approve and authorize payment from the City of Omaha to HP Financial Services, as assignee of payments, of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide for p ayment from a certain account to HP Financial Services, as assignee of payments, for a lease agreement as bid by Riverside Technologies, Inc, extended over a three-year period in the amount of $90,577.71 commencing upon the passage of this ordinance for 4 1 desktop computers, 63 computer monitors, and 41 wireless keyboard/mouse combo’s for the Omaha Planning Department of the City of Omaha; and to provide an effective date hereof – see attached. CCID # 565 – Publication to be made and public hearing to be held on May 1, 2012 as per City Charter requirements. 59. Ord. to accept the bid of Signal 88 Security Group, LLC, to provide security services at City facilities including, but not limited to, Community Recreation Centers, Swimming Pools, Nature Centers, and Marinas, in the amount of $28.00/hr. for a Sworn Law Enforcement Officer (LEO), $14.00/hr. for a Non - Sworn Civilian-Based Officer (CBO), and $29.50/hr. for a Marked Vehicle patrol (LEO) and (CBO) $16.00/hr., for one year beginning May 1, 2012 and ending April 30, 2013, extendible annually for four (4) one –year terms through April 30, 2017, at the sole option of the City, to authorize payment in accordance therewith; to authorize the Purchasing Agent t o issue a purchase order; and to provide an effective date – see attached. CCID # 566 – Publication to be made and public hearing to be held on May 1, 2012 as per City Charter requirements. 60. Ord. to approve the acceptance of and authorize the disbursement from the FY 2010 Citizen Corps Program grant award, #2010 -SS-T0-0013, and budget in the amount of one-thousand dollars ($1,000.00) from the Nebraska Emergency Management Agency (NEMA), during the project period of October 1, 2010 to July 31, 2013, to fund Tri-County Citizen Corps Program initiatives aimed at building emergency preparedness awareness throughout the community; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. CCID # 567 – Publication to be made and public hearing to be held on May 1, 2012 as per City Charter requirements. * * * * * * * * * * * * * - 25 - EXECUTIVE SESSION 61. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR APRIL 23, 2012 LEGISLATIVE CHAMBERS – 2:00 P.M. - PREPARED APRIL 24, 2012 AT 1:30 P.M. “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARING ON AGENDA ITEM NO. 62 SHALL BE HELD ON THE SECOND READING” ADDITIONAL ORDINANCE ON FIRST READING 62. Ord. to renew the cable television franchise now held by Cox Communications Omaha, LLC; to provide that such franchise shall be renewed for ten (10) additional years; to provide that such franchise shall be subject to compliance with law, Municipal Code, and performance of the provisions of the franchise agreement attached hereto; to approve the franchise agreement authorizing the Mayor and City Clerk to execute and attest accordingly the filed agreement; and to provide the effective date hereof – see attached. CCID # 570 – Publication to be made and public hearing to be held on May 1, 2012 as per City Charter requirements. * * * * * * * * * * * * * * Motion by Gernandt that the meeting be adjourned Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 ADJOURNED: 3:00 P.M. - 26 - 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 24th, 2012. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 25th DAY OF APRIL, 2012.