CITY COUNCIL AGENDA FOR JANUARY 27, 2015
LEGISLATIVE CHAMBERS - 2:00 P.M.
Agenda and Link to Agenda Items
Available at http://www.cityofomaha.org
ROLL CALL
1.
City Clerk calls the roll.
2.
Pledge of Allegiance.
3.
Invocation by Councilmember Aimee Melton of District No. 7.
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 January 23, 2015, notice re: Pre-Council and Regular City Council
Meetings, January 27, 2015.
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.
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
5.
Ord. to rescind the PK – Parking Overlay District for the property located at 1504
Yates Street, and to provide for an effective date – see attached. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(a)
6.
Ord. to rezone the property located at 3824 Farnam Street from GC – General
Commercial District to NBD – Neighborhood Business District (property is also
located within an ACI-1(PL)-Area of Civic Importance Overlay District). ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(a)
7.
Planning Board and Planning Department recommend approval of
the request to rescind the PK-Parking Overlay District, for the
property located at 1504 Yates Street – see attached.
Planning Board and Planning Department recommend approval of
a request to rezone property located at 3824 Farnam Street from
GC – General Commercial District to NBD – Neighborhood
Business District (property is also located within an ACI-1(PL)-Area
of Civic Importance Overlay District) – see attached.
Ord. to rezone the property located at 401 South 41st Street from R7 – MediumDensity Multiple-Family Residential District to NBD – Neighborhood Business
District (property is also located within an ACI-1(PL)-Area of Civic Importance
Overlay District). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(a)
Planning Board and Planning Department recommend approval of
a request to rezone property located at 401 South 41st Street from
R7 – Medium-Density Multiple-Family Residential District to NBD –
Neighborhood Business District (property is also located within an
ACI-1(PL)-Area of Civic Importance Overlay District) – see
attached.
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8.
Ord. to rezone the property located at 1402 and 1406 North 65th Street and 6506
and 6510 Hamilton Street from R4 – Single-Family Residential District (HighDensity) to R5 – Urban Family Residential District. ((PUBLIC HEARING TODAY
– CAN BE PASSED TODAY))
(a)
Planning Board and Planning Department recommend approval of
a request to rezone property located at 1402 and 1406 North 65th
Street and 6506 and 6510 Hamilton Street from R4 – Single-Family
Residential District (High-Density) to R5 – Urban Family Residential
District – see attached.
9.
Ord. to amend Section 1 of Ordinance No. 40013 passed June 10, 2014, which
rezoned property located northwest of 192nd and Harrison Streets, and to
provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY –
CAN BE PASSED TODAY))
10.
Ord. to amend Section 1 of Ordinance No. 40014 passed June 10, 2014, which
rezoned property located northwest of 192nd and Harrison Streets, and to
provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY –
CAN BE PASSED TODAY))
(a)
11.
Planning Department recommends approval of corrected
Ordinance 40013 and Ordinance 40014 as approved by the City
Council on June 10, 2014, rezoning property located northwest of
192nd and Harrison Streets – see attached.
Res. that the plat entitled FALLING WATERS (Lots 173-260 Inclusive & Outlot
“F”), located Northwest of 192nd and Harrison Streets, is hereby approved and
accepted – Outside City – over from 1/6/15 – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
(a)
Planning Department recommend approval of the Final Plat of
FALLING WATERS (Lots 173-260 Inclusive & Outlot “F”), a
subdivision outside the city limits, located Northwest of 192 nd and
Harrison Streets – Outside City – over from 1/6/15 – see attached.
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RESOLUTIONS RE: PRELIMINARY PLATS AND PLAT
12.
Res. that the preliminary plat entitled MALLOY ADDITION-THE BROWNSTONE,
a minor plat inside the city limits, located at 3003 Pacific Street, along with the
attached conditions, is hereby accepted; and, the preparation of the final plat of
this subdivision is hereby authorized – Inside City – over from 1/6/15 for
publication and public hearing – had publication – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
(a)
13.
Res. that the plat transmitted herewith entitled MALLOY ADDITION-THE
BROWNSTONE, located at 3003 Pacific Street, is hereby approved, and
concurrently the existing plats entitled Lot 1 and the north 10 feet of Lot 2, Block
5, Hanscom Place, and described on said replat, is hereby vacated – Inside City
– over from 1/6/15 for publication and public hearing – had publication – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(a)
14.
Planning Board and Planning Department recommend approval of
the Preliminary Plat of MALLOY ADDITION-THE BROWNSTONE,
a minor plat inside the city limits, located at 3003 Pacific Street –
Inside City – over from 1/6/15 – see attached.
Planning Board and Planning Department recommend approval of
the Final Plat of MALLOY ADDITION-THE BROWNSTONE, a
minor plat inside the city limits, located at 3003 Pacific Street –
Inside City – over from 1/6/15 – see attached.
Res. that the preliminary plat entitled OMAHA WORKS INDUSTRIAL PARK
REPLAT 11, located Northeast of 132nd and “I” Streets, with a request for a
waiver of Section 53-8(4)(d) of the Omaha Municipal Code for Lot frontage, along
with the attached conditions, is hereby accepted; and, the preparation of the final
plat of this subdivision is hereby authorized – Inside City – over from 1/6/15 for
publication and public hearing – had publication – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
(a)
Planning Board and Planning Department recommend approval of
the Preliminary Plat of OMAHA WORKS INDUSTRIAL PARK
REPLAT 11, with a waiver of Section 53-8(4)(d) of the Omaha
Municipal Code for Lot frontage, located Northeast of 132 nd and “I”
Streets – Inside City – over from 1/6/15 – see attached.
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“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 15 SHALL BE LAID OVER TWO
WEEKS FOR PUBLICATION AND PUBLIC HEARING”
15.
Res. that the revised preliminary plat entitled PRIME BUSINESS PARK REPLAT
ONE, located southwest of Old Highway 64 and West Maple Road, along with
the attached conditions; is hereby accepted; and, the preparation of the final plat
of this subdivision is hereby authorized – Inside City – see attached.
(a)
Planning Board and Planning Department recommend approval of
the Revised Preliminary Plat of PRIME BUSINESS PARK REPLAT
ONE, a subdivision inside the city limits, located southwest of Old
Highway 64 and West Maple Road – Inside City – see attached.
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LIQUOR AND RESOLUTION RE: KENO
16.
CLASS “C” – Affairs Remembered, Inc., dba “Catering Creations”, 1915 Jackson
Street. New application, New location. Property posted: 01-12-15; Notification
sent: 01-16-15 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
17.
CATERING – Affairs Remembered, Inc., dba “Catering Creations”, 1915 Jackson
Street. New application, New location. Property posted: 01-12-15; Notification
sent: 01-16-15 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
18.
CLASS “C” - Rita Park, LLC, dba “Modern Love”, 1317 & 1319 South 50 th Street.
New application, New location. Property posted: 01-13-15; Notification sent:
01-16-15 – see attached.
((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
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19.
CLASS “I” – Scissors & Scotch, LLC, dba “Scissors & Scotch”, 2835 South 170th
Plaza, Suite 212. New application, New location. Property posted: 01-13-15;
Notification sent: 01-16-15 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
20.
Most Worshipful Prince Hall Grand Lodge, dba “3-5-7 Club”, 2414 Ames Avenue,
Suite A, requests permission to appoint Tommie Lee Blan Jr. manager of their
present Class “C” Liquor License location – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
21.
XV Restaurant, LLC, dba “Zin Room”, 316 South 15th Street, requests permission
to appoint Christopher A. Walter manager of their present Class “C” Liquor
License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
22.
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 5031 Grover Street, Candlelight Lounge, in Omaha,
Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
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. 23 through 27 were held on January 13,
2015.)
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CONSENT AGENDA – ORDINANCES
23.
Ord. vacating six (6) inches of the east/west alley on the south, north of Farnam
Street, between 40th and 41st Streets, adjacent to Lot 15, Block 6, Jerome Park
(4016 Farnam Street); and, providing the effective date hereof – see attached.
(a)
Planning Board and Planning Department recommend approval of
the vacation of the six (6) inches of the east/west alley on the
south, north of Farnam Street, between 40 th and 41st Streets,
adjacent to Lot 15, Block 6, Jerome Park (4016 Farnam Street) –
Inside City – see attached.
24.
Ord. declaring the necessity of the voluntary acquisition of certain properties
identified as 1303/05 and 1809 Cole Creek Drive, for the purpose of the Cole
Creek Flood Mitigation Project, also known as City Project No. OPW 50008,
providing that the City negotiate with the property owners. The City will not use
condemnation to acquire the properties, and, providing for the effective date
hereof – see attached.
25.
Ord. declaring the necessity of acquiring, for use by the City of Omaha, the
necessary private property for the purpose of constructing additional
improvements to the Northeast Joint Use Facility located at 16th & Jaynes,
identified as Project OPW 52521; providing that the City negotiate with the
property owner(s) for land acquisition, providing that if said parcel(s) cannot be
obtained by negotiation, condemnation proceedings be undertaken and
completed; and, providing for the effective date hereof – see attached.
26.
Ord. approving the contract with L. G. Roloff Construction Co., Inc. for OPW
52193 (RNC), being 49th and Caldwell Streets Area Sewer Separation Project in
the amount of $6,068,311.05; 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 for payments from a specific account; and, to
provide an effective date hereof – see attached.
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27.
Ord. pursuant to Omaha Home Rule Charter section 5.17 to approve a contract
involving the payment of money from appropriations of more than one year; to
approve an agreement with Thomson Reuters Westlaw and West Publishing
Company of St. Paul, Minnesota, for printed law books and electronic research
material for the Omaha Law Department; authorizing the Mayor and City Clerk to
execute and attest the agreement; and to provide the effective date hereof – see
attached.
((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
(The public hearings on Agenda Item Nos. 28 through 53 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
28.
Res. that, Councilmembers Franklin Thompson, Garry Gernandt, and Rich Pahls
shall assess damages, if any, to owners and parties affected by the vacation of
40th Street from Jones Street north to previously vacated 40th Street; Emile Street
from 40th to 41st Streets; and, the north/south alleys not previously vacated in
Block 1, Potters Addition and Block 1, Vandercook Terrace, all more specifically
described in the attached Exhibit A. Said committee shall give reasonable notice
to the owners and parties interested in the property affected by such vacation –
see attached.
29.
Res. that, as recommended by the Mayor, the contract with Prairie Construction
Company for OPW 52692, being the construction of the Northeast Street
Maintenance Facility located at 1818 Jaynes Street in the total amount of
$5,427,000.00 which includes a base bid of $4,000,000.00 and Alternates #1, #2,
and #3, as detailed in the attached bid tabulation, in the amount of $1,427,000.00
is hereby approved; and, that the funding for this contract will be provided by the
issuance of lease purchase bonds. The Finance Department is authorized to pay
this cost from the City Capital Improvement Fund 13112, Pavement Maintenance
Organization 116158, year 2015 expenditures – see attached.
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30.
Res. that, as recommended by the Mayor, the contract with All Purpose
Construction for OPW 52760, being 501 Gravity Thickener Rehabilitation at the
Papillion Creek Wastewater Treatment Plant, in the amount of $339,000.00 is
hereby approved; and that the Finance Department is authorized to pay this cost
from the Sanitary Sewer Improvement Fund 21124, Capital Asset Replacement
Organization 116913, year 2014 expenditures – see attached.
31.
Res. that, as recommended by the Mayor, the Professional Services Agreement
with HGM Associates, Inc. to provide construction administration services for
BRO-7028(47) and CN: 22235, being North 96th Street Bridge Project located in
the vicinity of 96th Street and Rainwood Road, is hereby approved; and that, the
Finance Department is authorized to pay a fee not to exceed $82,828.06, to be
paid from the 2010 Transportation Bond Fund 13183, Organization 117117,
Fiscal Year 2015 expenditure – see attached.
32.
Res. that, as recommended by the Mayor, Amendment No. 1 to the Professional
Services Agreement with JEO Consulting Group, Inc. for preliminary design
services on the Benson Downtown Streetscape Improvement project, known as
OPW 52607, is hereby approved; and that, the Finance Department is authorized
to pay the additional fee not to exceed $56,800.00 for these engineering services
to be paid from the 2010 Transportation Bond Fund 13183, Organization 117117
– see attached.
33.
Res. that, as recommended by the Mayor, the Professional Services Agreement
with The Schemmer Associates, Inc. to perform construction materials testing
services for OPW 52193, being 49th and Caldwell Area Sewer Separation Project
located in the vicinity of 49th Street and Caldwell Street, is hereby approved; and
that, the Finance Department is authorized to pay a fee not to exceed
$53,662.50, to be paid from the Sewer Revenue Improvements Fund 21124,
Sewer Separation Organization 116912; Sewer Revenue Bonds will be issued to
finance this project, Fiscal Year 2014 expenditure – see attached.
34.
Res. that, as recommended by the Mayor, the contract with Dale’s Trash Service
for OPW 50879, being Collection of litter receptacles throughout the City of
Omaha, is hereby extended from January 1, 2015 through December 31, 2015;
further that the Finance Department is authorized to pay the estimated cost of
$78,365 which will be paid from the General Fund 11111, Collection and
Disposal Organization 116321, year 2015 expenditure – see attached.
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35.
Res. that, as recommended by the Mayor, the contract with Green Recycling
Enterprises dba Second Nature Public Recycling for OPW 52106, being the
placement, maintenance, and recyclable materials collection from public litter
containers at select locations within the City of Omaha, is hereby extended from
January 1, 2015 through December 31, 2015; further that the Finance
Department is authorized to receive the estimated return of $1,548.00, which will
be received to the General Fund 11111, Solid Waste Collection and Disposal
Organization 116321, year 2015 revenues – see attached.
36.
Res. that, as recommended by the Mayor, the contract with Spectracom, Inc dba
River City Recycling for receipt and disposal of household rubbish that is not
acceptable for weekly curbside solid waste collection, is hereby extended from
January 1, 2015 through December 31, 2015; further that the Finance
Department is authorized to pay the estimated cost of $40,000 which will be paid
from the General Fund 11111, Solid Waste Collection and Disposal Organization
116321, year 2015 expenditure – see attached.
37.
Res. that, as recommended by the Mayor, the challenge grant Award Notice and
Agreement from the Peter Kiewit Foundation for the String of Pearls Repair
Project, is hereby approved; and that the Finance Department is authorized to
receive this award in the amount of $54,719.00, to be applied to the Street and
Highway Allocation Fund 12131, General Street Lighting Organization 116211 –
see attached.
38.
Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Truck Center Companies for the purchase of a 60,000
GVW Sewer Crane Truck to be utilized by the Sewer Maintenance Division in the
amount of $243,480.00; and, that the Finance Department is authorized to pay
this cost from the Sewer Revenue Fund 21121, Sewer Maintenance Organization
116511, year 2014 expenditures – see attached.
39.
Res. that, the contract between the City of Omaha and Siena/Francis House for
the operation of a homeless day shelter at 1624 Nicholas Street, attached hereto
as Exhibit “1” and incorporated herein by this reference for the period from the
date of execution through December 31, 2015, and partial funding of such project
in the amount of $100,000.00 is hereby approved; and be it further resolved that,
the Finance Director is authorized to provide payment of $100,000.00 from
General Fund 11111, Organization 126045, in accordance with the contract
terms – see attached.
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40.
Res. that, the Mayor is hereby authorized to execute the attached Agreement
between the Douglas County Health Department and the City of Omaha in the
amount of Fifty-Three Thousand Five Hundred Seventy-Eight and 00/100 Dollars
($53,578.00) for the Fostering Healthy Community Design program to
systematically integrate health impacts and neighborhood engagement into
neighborhood design and planning approval processes – see attached.
41.
Res. that, the attached Grant Agreement, as recommended by the Mayor, to
provide funding in the amount of $33,000.00 for the rehabilitation and lead
reduction work, when applicable, to the property owned by Minne B. Evans and
Charles Ivory located at 2205 N 33 AV, Omaha, NE 68111, is hereby approved.
The contract is to be awarded to Absolute Remodeling. Funds shall be paid as
follows: $17,500.00 from CDBG Target Area Program 2014, Fund No. 12186,
Org. No. 128072; $15,500.00 from NAHTF 12-TFHP-7058 Housing
Rehabilitation (Prospect Village), Fund No. 12141, Org. No. 128101 – see
attached.
42.
Res. that, as recommended by the Mayor, the bid in the total amount of
$89,519.00 from Rife Construction, Inc. to provide all tools, labor, mechanics for
labor, equipment, and materials to renovate the interior of the Park Maintenance
Headquarters, located at 1523 South 24th Street, being the 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 this amount shall be paid from the 2010 Parks &
Recreation Bond Fund No. 13355, and Organization No. 117317, Parks &
Cultures Bond – see attached.
43.
Res. that, as recommended by the Mayor, the bid in the total amount of
$48,348.00 from R. L. Craft Company of Omaha to provide all tools, labor,
mechanics for labor, equipment, and materials for the replacement of the existing
roof with a new roof on the District #3 Park Maintenance Building, 4110 South
140th Street, being the 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 this amount shall
be paid from the 2010 Parks & Recreation Bond Fund No. 13355, and
Organization No. 117317, Parks & Cultures Bond – see attached.
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44.
Res. that, as recommended by the Mayor, the bid in the total amount of
$240,123.00 (includes Alternate #1, in the amount of $10,260.00) from Andersen
Construction to provide all tools, labor, mechanics for labor, equipment, and
materials to install new siding, roof, and associated required electrical work on
the Levi Carter Park Forestry Building, located at 4405 Carter Lake Shore Drive,
being the 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 this amount shall be paid from
the 2010 Parks & Recreation Bond Fund No. 13355, and Organization No.
117317, Parks & Cultures Bond – see attached.
45.
Res. that, as recommended by the Mayor, the bid in the total amount of
$157,600.00 from Elkhorn West Construction, Inc., to furnish all labor and
materials to renovate the interior and exterior of the Sherman Community Center,
5701 North 16th Street, 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 this amount shall be paid from the 2010 Parks and Recreation
Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond –
see attached.
46.
Res. that, as recommended by the Mayor, the bid in the total amount of
$483,837.00, from TIJ Construction, LLC, to furnish all labor, materials, and all
equipment necessary to complete the construction of the N. P. Dodge Park
Crow’s Nest Building, 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 Purchasing Agent is authorized to issue a purchase order
in conformance herewith. Funds in the amount of $483,837.00 shall be paid from
the Marinas Fund No. 21111 and Organization No. 115451, N. P. Dodge Marina
for the 2015 fiscal year – see attached.
47.
Res. that, as recommended by the Mayor, approval to extend the grounds
maintenance contract between the City of Omaha and Big Smith Enterprises,
LLC, for the Regency Subdivision, located between 96th Street and Regency
Parkway and from Pacific Street to West Dodge Road, in the total amount of
$71,433.72, per specifications, attached hereto and made a part hereof, is
hereby accepted. The work shall include, but is not limited to, weekly clean-up,
mowing, trimming, weeding, and watering of plants and sod. 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. 115025, Ground Maintenance Contracts for the 2015 fiscal year – see
attached.
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48.
Res. that, as recommended by the Mayor, the bid in the total amount of
$28,383.00 from Husker Auto Group, to purchase one (1) 2015 Chevrolet
Colorado, Compact Crew Cab, 4x4, 4-door pickup truck, to be utilized by the
Parks, Recreation, and Public Property Department, based on a bid to the State
of Nebraska per Contract Number 14139 OC, is hereby accepted. The
Purchasing Agent is authorized to issue a purchase order in conformance
herewith. Funds will be paid from the General Fund No. 11111 and Organization
No. 115025, for the 2015 fiscal year – see attached.
49.
Res. that, as recommended by the Mayor, the purchase based upon the quote
from Midwest Storage Solutions, Inc. in the amount of $62,161.63, for a
Spacesaver Eclipse Powered High Density Storage System for homicide
evidence and property for the Omaha Police Department, providing a unique and
non-competitive service as provided in Chapter 5.16 of the Home Rule Charter
1956 as amended, is hereby approved, and that the Finance Department of the
City of Omaha is authorized to pay $62,161.63 for the Spacesaver Eclipse
Powered High Density Storage System from the 2010 Public Safety Bond Fund
13298, Organization 131592 Police Capital, Award 994, Project 4494 Police
Headquarters Critical Functions Renovation, Account 47012 Equipment – NonVehicle – see attached.
50.
Res. that, as recommended by the Mayor, the purchase based upon the quote of
Anderson Ford Lincoln Mercury Mazda in the amount of $15,854.00 and
$243,838.00, which represents Nebraska State Contract bid pricing, having been
determined to be the best available current price, for one (1) 2015 Ford Focus
and fourteen (14) 2015 Ford Fusions for the Omaha Police Department; and the
purchase based upon the quote of Performance Dodge in the amount of
$36,488.00, which represents Nebraska State Contract bid pricing, having been
determined to be the best available current price, for two (2) 2015 Chrysler 200
Sedans for the Omaha Police Department; and the purchase based upon the
quote of Husker Auto Group in the amount of $104,574.00, which represents
Nebraska State Contract bid pricing, having been determined to be the best
available current price, for six (6) Chevrolet Impalas, is hereby approved, and
that the Finance Department of the City of Omaha is authorized to pay the cost of
the Ford Focus, Ford Fusions, Chrysler 200 Sedans, and Chevrolet Impalas in
the total amount of $400,754.00 from the Omaha Police Department, Year 2014,
General Fund 11111, Organization 113141 Fleet/Facilities, Account 47031
Vehicles Small/Law Enforcement Only – see attached.
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51.
Res. that, as recommended by the Mayor, the bid of Jones Automotive, Inc. in
the amount of $683,191.73, which represents the bid for emergency equipment
and installation for forty (40) Chevy Caprice police cruisers, being the only bid
received, which is incorporated herein by this reference, is hereby accepted and
the same hereby approved, the Finance Department of the City of Omaha is
authorized to pay the cost of the emergency equipment and installation for forty
(40) Chevy Caprice police cruisers in the amount of $683,191.73 from the City
Capital Improvement Fund 13112, Organization 113141 Fleet/Facilities, Account
44234 Cars/Small Trucks/Vans. The City will finance the purchase of the
equipment through the issuance of lease purchase bonds by the Public Facilities
Corporation. 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.
52.
Res. that the attached Agreement between the City of Omaha and Douglas
County through the Douglas County Department of Corrections is approved; and
that as recommended by the Mayor and Finance Director the donation of 10
Scott AV-2000 air masks equipment unusable for City purposes as provided in
Section 5.21 of the Home Rule Charter will be provided to Douglas County,
Nebraska, through the Douglas County Department of Corrections is hereby
approved – see attached.
53.
Res. that the appointment by Mayor Stothert of Allen Brown to a three-year term
as the Douglas County Health Department (non-voting) designated member of
the Plumbing Board, said term shall commence upon confirmation by the City
Council and to expire three-years thereafter, is hereby confirmed – see attached.
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
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ORDINANCES ON FINAL READING AND RESOLUTION
54.
Ord. to approve a contract between the City of Omaha and the Millard Public
Schools for the City to provide, through its assignment, up to two Associate
School Resource Officers, one Canine Associate School Resource Officer, and
marked police cruisers, subject to the availability of such cruisers and the School
District’s needs, to specifically designated locations, involving appropriations of
more than one fiscal year in conformity with Section 5.17 of the Home Rule
Charter, to perform police work at the District property twenty-eight (28) hours(or
less) per week while school is in session during the regular school year, and
twenty-eight (28) hours per week while school is in session during the regular
school year for the Canine Associate SRO, from August 11, 2014 and ending at
the close of the 2014 – 2015 school year. The reimbursement payment from the
Millard Public Schools to the City will be in the amount of $28.50 per hour for each
officer; and $33.50 per hour for the canine officer; and $5.00 per day for the canine
officer when school is not in session (summer break); and to provide for an
effective date hereof – see attached. ((PUBLIC HEARING HELD 1/13/15 – CAN
BE PASSED TODAY))
(a)
55.
Amendment of the Whole requested by the Police Department –
see attached.
Ord. to amend Omaha Municipal Code Sections 18-6, 18-7, 43-5, 43-7, 43-11,
43-62, 48-21, 48-32, 48-33, 48-34, 48-53, 48-54, 48-62, and 48-101; to revise
enforcement procedures under the City’s nuisance, building code, and property
maintenance chapters; to enact new sections 48-131 through 48-140 regarding
the property maintenance appeals board; to repeal Sections 18-6, 18-7, 43-5, 437, 43-11, 43-62, 48-21, 48-32, 48-33, 48-34, 48-53, 48-54, 48-62, and 48-101 as
heretofore existing; and to provide the effective date thereof – see attached.
((PUBLIC HEARING HELD 1/13/15 – CAN BE PASSED TODAY))
(a)
Document submitted re: the ordinance to amend Omaha Municipal
Code Sections 18-6, 18-7, 43-5, 43-7, 43-11, 43-62, 48-21, 48-32,
48-33, 48-34, 48-53, 48-62, and 48-101 – over from 1/13/15 – see
attached.
(b)
Document submitted in opposition of the Ordinance to amend
Omaha Municipal Code Sections 18-6, 18-7, 43-5, 43-7, 43-11, 4362, 48-21, 48-32, 48-33, 48-34, 48-53, 48-54, 48-62, and 48-101 –
over from 1/13/15 – see attached.
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56.
Res. that the lawsuit pending in the U.S. District Court for the State of Nebraska,
entitled Metropolitan Omaha Property Owners Association, Inc., v. City of
Omaha, et al., Case No. 8:13-cv-230, should be settled; that the attached
Settlement Agreement and Release and Consent Decree are hereby approved;
and that pursuant to the said Agreement $71,695.17 shall be paid to the Plaintiff
and its counsel for attorneys fees and costs, from the Contingent Liability Fund
No. 11114, Organization No. 122101 – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
RESOLUTIONS
57.
Res. that, the attached Rochester Apts Tax Increment Financing (TIF)
Redevelopment Project Plan for a site located at 1015 North 14th Street
contemplates the transformation of a unique grouping of industrial structures,
historically known as the Hay Exchange Building, which are contributing
structures to this historic district, into 75 market-rate apartment units and the
construction of public improvements to North 14th Street between Izard and
Nicholas Streets inclusive of other public improvements as necessary,
recommending the City’s participation through the allocation of TIF in an amount
up to $1,625,000.00 to offset TIF eligible costs for acquisition, rehabilitation,
environmental, architectural and engineering fees, and all public improvements,
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 1/6/15 for
publication and public hearing – had publication – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
58.
Res. that the Law Department is authorized to make an offer to allow judgment to
be taken against the City of Omaha in litigation pending in the District Court of
Douglas County, Nebraska, entitled Jeffrey L. Bacon v. City of Omaha, in the
amount of $190,000.00, inclusive of all costs; and, if the offer is accepted by the
Plaintiff, the funds shall be paid from the Judgment Fund, Fund 12111, Org
121101 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
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“PURSUANT TO CITY COUNCIL RULE VII H DUE TO
NO MEETING BEING HELD FEBRUARY 17, 2015 AGENDA
ITEM NO. 59 SHALL BE LAID OVER FOUR WEEKS TO
FEBRUARY 24, 2015 FOR PUBLICATION AND PUBLIC HEARING”
59.
Res. that, the attached Omaha-Council Bluffs Consortium Consolidated
Submission for Community Planning and Development Programs Consolidated
Plan – 2015 Action Plan is hereby approved. That, upon receipt from the U. S.
Department of Housing and Urban Development, the Mayor is authorized to
execute the Funding Approval/Agreements for the Fiscal Year 2015 Community
Development Block Grant, HOME Investment Partnerships and Emergency
Shelter Grant Programs – see attached.
* * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 60
THROUGH 66 SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON SECOND READING
60.
Ord. to rezone the property located Northeast of 30th and Hamilton Streets from
GC-General Commercial District and R7-Medium-Density Multiple-Family
Residential District to R4-Single-Family Residential District (High Density).
61.
Ord. to rezone property located Southwest of 114th and Potter Streets from DRDevelopment Reserve District and R4-Single-Family Residential District (High
Density) to DR-Development Reserve District.
62.
Ord. to rezone property located Southwest of 114th and Potter Streets from DRDevelopment Reserve District and R4-Single-Family Residential District (High
Density) to R4-Single-Family Residential District (High Density).
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63.
Ord. to rezone property located Northwest of 180th and Harrison Streets from
MU-Mixed Use District to DR-Development Reserve District.
64.
Ord. to rezone property located Northwest of 180th and Harrison Streets from
MU-Mixed Use District to MU-Mixed Use District.
65.
Ord. to approve a Major Amendment to the Mixed Use District Development
Agreement for Falcon Ridge, located Northwest of 180th and Harrison Streets,
between the City of Omaha and Royce Sterling Falcon Ridge, LLC, providing site
development standards; and to provide for an effective date – see attached.
66.
Ord. to approve the NCE-Neighborhood Conservation and Enhancement District
Inventory and Initiative for the City of Omaha as an element of the City's Master
Plan; and to provide for the effective date hereof – see attached.
* * * * * * * * * * * * *
ORDINANCES ON SECOND READING
67.
Ord. authorizing the issuance of a purchase order to Arrow Towing for vehicle
and equipment towing services to be utilized by Fleet Management for various
City of Omaha operations effective for two years from date of passage of this
ordinance; 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 for payments from a specific account; and to provide an effective date
hereof – see attached. ((PUBLIC HEARING TODAY))
68.
Ord. to approve an Agreement between the City of Omaha and the Blackstone
Business Improvement District BID No. 6877 to help fund the conversion of
Farnam Street between 36th Street and 42nd Street from a one-way street to a
two-way street by contributing seventy-eight thousand dollars ($78,000) over the
next ten (10) years; and to supersede a Memorandum of Understanding
approved by the City Council by Resolution No. 6 on January 7, 2014; and
providing an effective date – see attached. ((PUBLIC HEARING TODAY))
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69.
Ord. to accept the bid of Big Smith Enterprises, to provide grounds maintenance
for Bryan Park, 5001 South 147th Street, Pheasant Run Park, 15504 Adams,
Timber Creek Park, 13435 Birchwood Avenue, and right-of-ways, including John
Galt and Stonybrook Boulevards, in the total amount of $32,875.00 per year
beginning January 1, 2015 and ending December 31, 2015, extendible for two
(2) additional one (1) year periods at the sole option of the City, to authorize
payment in accordance therewith; to authorize the Purchasing Agent to issue a
purchase order; and to provide an effective date – see attached. ((PUBLIC
HEARING TODAY))
70.
Ord. to accept the bid of Superior Green, Inc. to furnish all labor, materials and
equipment to perform grounds maintenance on Dodge/West Dodge Road right-of
ways, from approximately 67th Street to 97th Street, in the total amount of
$29,370.00 per year for a one-year period beginning January 1, 2015 and ending
December 31, 2015, extendible for two (2) additional one (1) year periods at the
sole option of the City, to authorize payment in accordance therewith; to
authorize the Purchasing Agent to issue a purchase order; and to provide an
effective date – see attached. ((PUBLIC HEARING TODAY))
71.
Ord. to accept the bid of Superior Green, Inc. to furnish all labor, materials and
equipment to perform grounds maintenance for the Willow Wood Subdivision,
located north and west of 120th and Blondo Streets, in the total amount of
$36,420.00 per year beginning January 1, 2015 and ending December 31, 2015,
extendible for two (2) additional one (1) year periods at the sole option of the
City, to authorize payment in accordance therewith; to authorize the Purchasing
Agent to issue a purchase order; and to provide an effective date – see attached.
((PUBLIC HEARING TODAY))
72.
Ord. to approve the correction of the legal address and the legal description of
the J.E. Megeath Residence; to change the address from 617 North 90th Street to
619 North 90th Street; and to delete the current legal description in its entirety
and replace it with the following: PIERSON’S SUBDIVISION REPLAT 3, LOT 1,
BEING A REPLAT OF PARTS OF LOTS 6 AND 15 OF PIERSON’S
SUBDIVISION, DOUGLAS COUNTY, NEBRASKA; and to provide the effective
date hereof – see attached. ((PUBLIC HEARING TODAY))
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73.
Ord. to approve the acceptance of and authorize disbursement over more than
one fiscal year from the U.S. Department of Justice, Office of Justice Programs,
National Institute of Justice (NIJ), FY 2014 Solving Cold Cases with DNA Grant
Program, cooperative agreement, award #2014-DN-BX-K085, in the amount of
two hundred and sixty nine thousand eight hundred and forty six dollars
($269,846), during the project period extending from October 1, 2014 to
September 30, 2016; to enable the Omaha Police Department (OPD) Cold Case
Squad (CCS) to increase cold case homicides reviews, identify cases with the
potential for DNA evidence, and prioritize such cases for further investigation,
arrest, and prosecution as detailed in the program narrative and revised budget
narrative which are attached hereto; 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))
74.
Ord. to amend Sections 23-177, 23-342, 23-403, 23-432, 23-433, 23-438, and
23-439 of the Omaha Municipal Code to reflect changes negotiated between the
City of Omaha and the Functional Employees Group for years 2013, 2014, 2015,
2016, and 2017; to provide that any ordinances of the City of Omaha, and any
rules and regulations promulgated thereunder, which are in conflict with this
ordinance shall not be applicable to those employees in the Functional
Employees Group; and to provide the effective date hereof – see attached.
((PUBLIC HEARING TODAY))
75.
Ord. to amend Sections 23-177, 23-182, 23-342, 23-343, 23-403, 23-462, 23463, and 23-468 of the Omaha Municipal Code to reflect changes negotiated
between the City of Omaha and the Civilian Management Professional and
Technical Employees Council (CMPTEC) for the years 2013, 2014, 2015, 2016,
and 2017; to provide that any ordinances of the City of Omaha, and any rules
and regulations promulgated thereunder, which are in conflict with this ordinance
shall not be applicable to those employees in CMPTEC; and to provide the
effective date hereof – see attached. ((PUBLIC HEARING TODAY))
76.
Ord. to amend Sections 23-177, 23-342, 23-343, 23-488, 23-494, 23-507, 22-26,
22-30, 22-32, 22-35, 22-36, 22-39, 22-40 of the Omaha Municipal Code to reflect
changes for the Administrative and Executive Classifications for the years 2013,
2014, 2015, 2016, and 2017; to provide that any ordinances of the City of
Omaha, and any rules and regulations promulgated thereunder, which are in
conflict with this ordinance shall not be applicable to those employees in
Administrative and Executive Classifications; and to provide the effective date
hereof – see attached. ((PUBLIC HEARING TODAY))
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“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 77
THROUGH 84 SHALL BE HELD ON THE SECOND READING”
ORDINANCES ON FIRST READING
77.
Ord. approving a redevelopment and Tax Increment Financing (TIF)
Redevelopment Agreement between the City of Omaha and David Kain
Properties, LLC, a Nebraska limited liability company to implement the Ekard
Court Tax Increment Financing (TIF) Redevelopment Project Plan located at 617
South 31st Street, which contemplates the complete demolition and removal of
the existing structures, and the construction of a new 4-story,
multi-family
structure consisting of 36 one- and two-bedroom, market-rate apartment units
with on-site parking and on-street, diagonal parking; the agreement authorizes
the use of up to $517,158.00 in excess ad valorem taxes (TIF) generated by the
development to help fund the cost of the project, and providing for an effective
date – see attached.
78.
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. A151, at 9215 Fremont Street, as requested by Executive Lawn & Landscaping,
LLC; and to provide the effective date hereof – see attached.
79.
Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a
new Class “B” Flammable Liquids Storage District to be known as District No. B184 at 5010 “F” Street as requested by Mark Evans of M and C Holdings, LLC;
and to provide the effective date hereof – see attached.
80.
Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a
new Class “B” Flammable Liquids Storage District to be known as District No. B185 at 2315-18 Madison Street as requested by Mario Silva of Masil Refrigerated
Transportation, LLC; and to provide the effective date hereof – see attached.
81.
Ord. to provide for approving a contract, involving appropriations of more than
one year in conformity with Section 5.17 of the Home Rule Charter with Douglas
County, Nebraska, to assist in payment of the County’s Victim Witness program;
and to provide for the effective date hereof – see attached.
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82.
Ord. to accept the bid of Waste Management of Nebraska to provide Rubbish
Container Service for the Omaha Fire Department; the term of the agreement is
for one year at a total monthly cost of $550.53 with the City of Omaha having the
sole option to extend the agreement for two (2) additional one year periods at no
increase in cost; and to provide an effective date hereof – see attached.
83.
Ord. to approve the acceptance of and authorize the disbursement from the FY
2014 Community Oriented Policing Services (COPS) Hiring Program, grant
award #2014-UL-WX-0048 from the U.S. Department of Justice (DOJ), Office of
Community Oriented Policing Services, in the amount of two hundred fifty
thousand dollars ($250,000), with a match of two hundred thirty nine thousand
nine hundred eighty one dollars ($239,981) provided by the Omaha Police
Department (OPD), and total project amount of four hundred eighty nine
thousand nine hundred eighty one dollars ($489,981); during the project period of
September 1, 2014 to August 31, 2017, to fund two (2) full-time Omaha Police
Department (OPD) officer new hires; 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.
84.
Ord. to approve the acceptance of and authorize disbursement over more than
one fiscal year from the Nebraska Crime Commission, FY 2014 Federal Edward
Byrne Memorial Justice Assistance Grant (Byrne JAG), award #14-DA-0325, in
the amount of one hundred forty thousand dollars ($140,000), with a match of
forty six thousand six hundred sixty seven dollars ($46,667) funded by the sworn
officers of the Metro Drug Task Force, for a total program amount of one hundred
eighty six thousand six hundred sixty seven dollars ($186,667), during the project
period extending from October 1, 2014 to September 30, 2015; to provide partial
personnel funding for members of the Metro Drug Task Force from the Omaha
Police Department, Douglas County Sheriff’s Office, Sarpy County Sheriff’s
Office, Bellevue Police Department, Papillion Police Department, and La Vista
Police Department; 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.
* * * * * * * * * * * * *
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ADDITIONAL RESOLUTION
85.
Res. that the Omaha City Council urges the immediate resignation of Pat
McPherson from the State Board of Education – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
EXECUTIVE SESSION
86.
Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
This agenda, which shall be kept continually current, shall be available for
public inspection in the Office of the City Clerk, Omaha-Douglas Civic
Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours.
All requests for sign language interpreters (signers) will require a
minimum of 48 hours advance notice. Alternative formats require a
minimum of 72 hours advance notice. Please contact Sandra L. Moses 444-5552 if arrangements need to be made.
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