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2014-02-11j5th REGULAR OMAHA CITY COUNCIL MEETING FEBRUARY 11, 2014 THE CITY COUNCIL met in Regular Session on Tuesday, February 11, 2014 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 Pete Festersen. ROLL CALL 1. City Clerk calls the roll. CCID # 181 – Present: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Chris Jerram of District No. 3. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on February 7, 2014, notice re: Pre-Council and Regular City Council Meetings, February 11, 2014. CCID # 182 – From Chair on File A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. - 2 - ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone the property located at 6010 North 49th Street from DR- Development Reserve District to R3-Single-Family Residential District (Medium Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 153 – January 28 and February 4 Meetings) Notice of public hearing on February 11, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Brad Blakeman, Blakeman Engineering, 10423 Hansen Avenue For the City: Bob Stubbe, Public Works Department CCID # 153 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39912 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 6010 North 49th Street from DR to R3 – see attached. (See Doc. # 153 – January 28 Meeting) # 153 – From Chair on File 6. Ord. to rezone property located Northwest of 204th Street and Ames Avenue from AG-Agricultural District to DR-Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 149 – January 28 and February 4 Meetings) Notice of public hearing on February 11, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. Dennis Hogan, representing the applicant, Regency Center, appeared and spoke. CCID # 149 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39913 – PASSED 7-0 - 3 - 7. Ord. to rezone property located Northwest of 204th Street and Ames Avenue from AG-Agricultural District to R4-Single-Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 150 – January 28 and February 4 Meetings) Notice of public hearing on February 11, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. Dennis Hogan, representing the applicant, Regency Center, appeared and spoke. CCID # 150 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39914 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 204th Street and Ames Avenue from AG to DR and R4 - see attached. (See Doc. # 150 – January 28 Meeting) # 150 – From Chair on File 8. Res. that the plat entitled ARBOR VIEW, located Northwest of 204th Street and Ames Avenue, is hereby approved and accepted – Outside City – over from 1/28/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 151 – January 28 Meeting) Dennis Hogan, representing the applicant, Regency Center, appeared and spoke. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 151 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of ARBOR VIEW, located Northwest of 204th Street and Ames Avenue – Outside City – over from 1/28/14 – see attached. (See Doc. # 151 – January 28 Meeting) # 151 – From Chair on File - 4 - 9. Res. that, the Subdivision Agreement among the City of Omaha, Charleston Homes, LLC, Arbor View Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 561 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, 1% administrative fee, Interceptor Sewer Fee, Watershed Management Fee, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Arbor View (Lots 1 -127 and Outlots A-D) and is located northwest of 204th Street and Ames Avenue – over from 1/28/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 152 – January 28 Meeting) Dennis Hogan, representing the applicant, Regency Center, appeared and spoke. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 152 – ADOPTED 7-0 ORDINANCES ON FINAL READING and Planning Board Attachments 10. Ord. vacating 4th Street from Abbott Drive south to the south right -of-way line of Kansas Avenue as detailed in the attached Exhibit “A” and providing the effective date hereof – see attached. ((PUBLIC HEARING HELD 2/4/14 – CAN BE PASSED TODAY)) (See Doc. # 138 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 138 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39915 – PASSED 7-0 Planning Board and Planning Department recommend approval of the vacation of 4th Street from Abbott Drive south to the south right- of-way line of Kansas Avenue – Inside City – see attached. (See Doc. # 138 – January 28 and February 4 Meetings) # 138 – From Chair on File - 5 - 11. Ord. vacating 113th Avenue from Bel Air Drive north to the terminus of the dead end street and providing the effective date hereof – see attached. ((PUBLIC HEARING HELD 2/4/14 – CAN BE PASSED TODAY)) (See Doc. # 139 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 139 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39916 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of the vacation of 113th Avenue from Bel Air Drive north to the terminus of the dead end street – Inside City – see attached. (See Doc. # 139 – January 28 and February 4 Meetings) # 139 – From Chair on File RESOLUTIONS RE: PRELIMINARY PLATS 12. Res. that the preliminary plat entitled AMERICAN NATIONAL BANK SADDLE CREEK, located at 520 and 600 South Saddle Creek Road , 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 1/28/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 122 – January 28 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: John Sova, representing American National Bank, RDG Planning & Design Neutral: Larry Jobeun, representing Metro Health Services Credit Union, 11440 West Center Road For the City: Dave Fanslau, Planning Department Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 122 – ADOPTED 7-0 - 6 - (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of AMERICAN NATIONAL BANK SADDLE CREEK, located at 520 and 600 South Saddle Creek Road – Inside City – over from 1/28/14 – see attached. (See Doc. # 122 – January 28 Meeting) # 122 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 13 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” 13. Res. that the Revised Preliminary Plat entitled CANDLEWOOD HILLS, located Northwest of 124th Plaza and West Dodge Road, with the 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 – see attached. Notice of public hearing on February 25, 2014 published in the Daily Record on February 14, 2014. CCID # 183 – Over two weeks to February 25, 2014 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Revised Preliminary Plat of CANDLEWOOD HILLS, with a waiver of Section 53-8(4)(d) of the Omaha Municipal Code for lot frontage, located northwest of 124th Plaza and West Dodge Road – Inside City – see attached. # 183 – Over to 02/25/14 * * * * * * * * * * * * * * LIQUOR AND RESOLUTIONS RE: KENO 14. CLASS “C” – Mouth of the South: Southern Grub, LLC, dba “Mouth of the South: Southern Grub”, 8505 North 30th Street. New application, New location. Property posted: 01-21-14; Notification sent: 01-30-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Ryan Ernst, Owner, Mouth of the South: Southern Grub, appeared and spoke. - 7 - CCID # 184 – Application read Motion by Jerram that the application be amended from a Class “C” Liquor License to a Class “I” Liquor License Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 Motion by Thompson that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 184 – ADOPTED AS AMENDED 7-0 15. CLASS “C” AND CIGAR BAR - Smoke Ring, Inc., dba “Copacabana”, 17520 Wright Street, Suites 107-108. New application, New location. Property posted: 01-29-14; Notification sent: 01-30-14 – 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: Scott Lautenbaugh, Attorney for the applicant, 1905 Harney Street Kimberly DeGeorge Donald DeGeorge Motion by Gray that the Resolution to GRANT be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 185 – ADOPTED 7-0 16. CLASS “I” – Pig & Finch OMA, LLC, dba “Pig and Finch”, 10387 Pacific Street. New application, New location. Property posted: 01-28-14; Notification sent: 01-30-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) CCID # 186 – Motion by Gray that the application be laid over two weeks and continue the public hearing Seconded by Melton ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 - 8 - 17. Houlihan, Inc., dba “Sullivans”, 3926 Farnam Street, requests permission for a CHANGE OF LOCATION of their present Class “C” Liquor License location to be located at 3929 Farnam Street. Property posted: 01-14-14; Notification sent: 01-30-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 187 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 18. Levy Premium Foodservice, LP, dba “Levy Restau rants at TD Ameritrade Park”, 1200 Mike Fahey Street, requests permission to appoint Christine M. VanDorn manager of their present Class “C” and Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Christine VanDorn, Levy Restaurants at TD Ameritrade Park, 1200 Mike Fahey Street, appeared and spoke. CCID # 188 – Motion by Gray that the request be approved Seconded by Melton ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 19. 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 7402 F Street, American Dream, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 189 – ADOPTED 7-0 - 9 - 20. 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 1506 S. 60th Street, Tracks, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 190 – ADOPTED 7-0 CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 21 through 27 were held on February 4, 2014.) CONSENT AGENDA – ORDINANCES 21. Ord. to accept the bids from Navarro Lawn & Landscape for Areas 4 and 6 and Nebraska’s Best for Area 2 for grounds maintenance of City rights -of-way as detailed in the attached bid tabulation for a two year period ending December 31, 2015; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; and to provide an effective date hereof – see attached. (See Doc. # 116 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 116 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39917 – PASSED 7-0 - 10 - 22. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 2609-2613 N. 18th Street, and legally described in the attached purchase agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2013 Action Plan; provided that as to each spec ified parcel, proceedings in eminent domain may be undertaken and completed for the purpose of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Janet Harris, 1823 Spencer Street , Omaha, NE, to acquire the property for the sum of Six Thousand Seventy-five and NO/100 Dollars ($6,075.00) is approved; project costs will be paid from Community Development Block Grant, Fund 12186, Organization No. 1280 72, Project No. 4134, Task 10.1327, Award 100061; and to provide the effective date hereof – see attached. (See Doc. # 111 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 111 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39918 – PASSED 7-0 23. Ord. approving an Agreement for the transfer 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 Holy Name Housing Corporation, a Nebraska Non-profit Corporation, 3014 North 45th Street, Omaha, Nebraska 68104, to convey five (5) properties, as identified on Attachment “A” of the Agreement, for development of single-family homes for the sum of One and No/100 Dollars ($1.00); and to provide the effective date hereof – see attached. (See Doc. # 112 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 112 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39919 – PASSED 7-0 - 11 - 24. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Triple C Development, Inc., an Alabama corporation, to implement the Triple C Development Tax Increment Financing (TIF) Redevelopment Project Plan located at 2601, 2617 & 2619 North 16th Street and 1518 Ohio Street which proposes the construction of an 8,423 square foot one-story structure for a new Family Dollar Store and the construction of North 15th Avenue; the agreement authorizes the use of up to $180,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project which has an estimated total project cost of $1,445,000.00; and providing for an effective date – see attached. (See Doc. # 140 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 140 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39920 – PASSED 7-0 25. Ord. to amend pursuant to Section 40 -251 of the Omaha Municipal Code an existing Class “B” Flammable Liquids Storage District, known as District No. B- 162 at First Data Resources, 10910 Mill Valley Road, as requested by Scott A. Altic; to increase the amount of diesel fuel to be stored in an additional 600 - gallon tank; and to provide the effective date hereof – see attached. (See Doc. # 141 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 141 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39921 – PASSED 7-0 - 12 - 26. 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 Distric t No. B- 181 at 7302 Pacific Street as requested by Scott A. Altic of First Data Resources; and to provide the effective date hereof – see attached. (See Doc. # 142 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 142 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39922 – PASSED 7-0 27. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Assistant Director-Omaha Convention and Visitors Bureau (OCVB) with a salary range of 25 AEC ($76,387 - $92,449); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 117 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 117 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President ORDINANCE # 39923 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 28 through 40 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.) - 13 - CONSENT AGENDA – RESOLUTIONS 28. Res. that, the First Amendment to the Subdivision Agreement among the City of Omaha, Residences on the Green at Pacific Springs, LLC, a Nebraska limited liability company, Sanitary and Improvement District No. 402 of Douglas County, Nebraska, and Immanuel Retirement Communities, a Nebraska non-profit corporation, as recommended by the Mayor, providing for the transfer of ownership and maintenance responsibilities of Outlot A of Residences on the Green at Pacific Springs, is hereby approved. The Subdivision is located southwest of 168th and Harney Streets – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 191 – ADOPTED 7-0 29. Res. that, as recommended by the Mayor, Change Order No. 2 for JMN Construction to construct the necessary modifications to OPW 52232-SP, being the repair of approach slabs on Fort Street at approximately 89th Street, is hereby approved; and that, the Finance Department is authorized to pay an additional $42,523.56, for these changes from the Street and Highway Allocation Fund 12131, Bridge Maintenance and Rehabilitation Organization 116164. – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 192 – ADOPTED 7-0 30. Res. that, as recommended by the Mayor, the Supplemental Agreement No. 4 between the City of Omaha and The Schemmer Associates, Inc. for improvements to 120th Street from Stonegate Drive to Roanoke Boulevard , known as Federal Aid Project MAPA-5009(3), State Control No. 22277, and OPW 50949, with a cost to the City of $1,167.53 to be paid from the 2010 Transportation Bond Fund 13183, Organization 117117 , is hereby approved; and that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 193 – ADOPTED 7-0 - 14 - 31. Res. that, as recommended by the Mayor, the Professional Services Agreement with Walker Parking Consultants to provide professional traffic engineering assistance to update the Downtown Parking Study and Parking Management Plan, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $33,500 , will be paid from Miscellaneous Contribution Fund 12117, Downtown NE Redevelopment/Public Lights Organization 124057 – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 194 – ADOPTED 7-0 32. 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 a one ton cargo van in the amount of $23,535.00 to be utilized by the Facilities Management Division; and, that the Finance Department is authori zed to pay this cost from the General Fund 11111, Contract Administ ration Organization 116261, year 2014 funding – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 195 – ADOPTED 7-0 33. Res. that the attached Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $29,925.00 for the rehabilitation and lead reduction work, when applicable, to the property owned by Deborah Albertson located at 1325 South 25th Street, Omaha, NE 68105, is hereby approved. The contract is to be awarded to Rife Construction, Inc. Funds shall be paid from CDBG Target Area Program 2013, Fund No. 12186, Org. No. 128072 – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 196 – ADOPTED 7-0 - 15 - 34. Res. that, as recommended by the Mayor, the park closing hours will be suspended at Common Ground Community Center, 1701 Veterans Drive, Omaha, Nebraska, between 10:00 p.m. on Saturday, April 12, 2014 and 6:00 a.m. on Sunday, April 13, 2014, to accommodate the overnight event, for the Olympus Clubs from Elkhorn High School and Elkhorn South High School – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 197 – ADOPTED 7-0 35. Res. that, as recommended by the Mayor, between 11:00 p.m. on Thursday, July 17, 2014 and 6:00 a.m. on Sunday, July 20, 2014, Glenn Cunningham Lake, 8305 Rainwood Road, Omaha, Nebraska, shall be open to accommodate setup and tear down of equipment and overnight security for the 4th Annual Omaha Triathlon event – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 198 – ADOPTED 7-0 36. Res. that, as recommended by the Mayor, between 11:00 p.m. on Friday, May 30, 2014 and 6:00 a.m. on Sunday, June 1, 2014, Lawrence Youngman Lake, 192nd & West Dodge Road, shall be open to accommodate the set-up of equipment and overnight security for the 4th Annual Omaha Women’s Triathlon event – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 199 – ADOPTED 7-0 - 16 - 37. Res. that, as recommended by the Mayor, the agreement between the City of Omaha and Building Bright Futures in the amount of one hundred seventy five thousand dollars ($175,000) to provide services to the residents and the citizens of the City of Omaha, which include improving school attendance in six pilot schools by delivering intense and targeted support to youth who are at -risk or have chronic absenteeism issues, as well as youth who are disengaged from school through the Youth Attendance Navigator (YAN) program from January 1, 2014 to December 31, 2014, and incorporated herein by this reference, and funding of such project in the total amount of $175,000, is hereby approved; and that, the Finance Director is authorized to provide payment of $175,000 from 2014 Community Services, General Fund 11111, Organization 126057, Account 46111; and in accordance with the contract terms – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 200 – ADOPTED 7-0 38. Res. that, as recommended by the Mayor, the purchase from Pruitt Outdoor Power, a sole source vendor provided in Chapter 5.16 of the Home Rule Charter in the amount of twenty four thousand eight hundred seventy one dollars and eighty cents ($24,871.80) for the purchase of two (2) HPS 12000HE Tri -Fuel Generators and accessories for the Omaha Metropolitan Medical Response System (OMMRS) and its partner agencies, providing the ability to create a mobile hospital or emergency medical triage area, is hereby approved; and that, the Finance Department of the City of Omaha is authorized to pay Pruitt Outdoor Power in the amount of $24,871.80 for the purchase of two (2) HPS 12000HE Tri-Fuel Generators and accessories, budgeted from and funded by the Nebraska Department of Health and Human Services, Division of Public Health, Office of Community & Rural Health, Hospital Preparedness Program, #5U90TP000533-02, Fund 12168, Organization 130757 – see attached. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 201 – ADOPTED 7-0 39. Res. that the nomination and appointment by the Mayor of George E. Killian as an Architect member on the Landmarks Heritage Preservation Commission, to serve a three-year term commencing upon passage by the City Council, and expiring three years thereafter, be and hereby is confirmed and approved – see attached. - 17 - Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 202 – ADOPTED 7-0 40. Res. that the appointment of Jamie M. Berglund as a Commissioner of the Omaha Housing Authority in accordance with the terms and conditions of the laws of the State of Nebraska and the City of Omaha, to serve a five -year term commencing upon her confirmation by the City Council, and expiring five years thereafter, be and hereby is confirmed and approved – see attached. Jamie Berglund, 2333 South 35th Avenue, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 203 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NOS. 41 THROUGH 42 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” RESOLUTIONS 41. Res. that, the attached Amendments to the Omaha -Council Bluffs Fiscal Year 2011 and 2012 Consolidated Submission for Community Planning and Development Programs are hereby approved – see attached. Notice of public hearing on March 4, 2014 published in the Daily Record on February 14, 2014. CCID # 204 – Over three weeks to March 4, 2014 for publication and public hearing pursuant to City Council Rule VII F. - 18 - 42. Res. that, the attached 39th & Farnam Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project site located at 144 S. 39th and 3904-3908 Farnam Streets which contemplates the redevelopment of two structures on 20,617 square feet of land along 39th & Farnam Street by converting a former residence into at least 5 professional executive suites, adding new square footage to the south and east sections of the existing commercial building, in addition to a green space at the corner of 39th & Farnam, recommending the City’s participation through the allocation of TIF in an amount up to $337,767.00 to offset TIF eligible costs such as acquisition, rehabilitation construction, any site work and demolition, architectural and engineering fees, and public improvements as required, which includes $15,000.00 of the TIF proceeds/loan toward the Blackstone Business District Public Improvement Fund, but is subject to change as final costs come in, 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 – see attached. Notice of public hearing on March 4, 2014 published in the Daily Record o n February 14, 2014. CCID # 205 – Over three weeks to March 4, 2014 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * ORDINANCES ON FINAL READING 43. Spec. Ord. levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18 -21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha , Group No. 2014-01 – see attached. ((PUBLIC HEARING HELD 2/4/14 – CAN BE PASSED TODAY)) (See Doc. # 113 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Special Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 113 – Special Ordinance read Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Gernandt ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President SPECIAL ORDINANCE # 10164 – PASSED AS AMENDED 7-0 - 19 - (a) Amendment requested by Parks, Recreation and Public Property Department – see attached. # 113 – Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 44. Spec. Ord. levying a special tax assessment for the removal of litter in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha, Group No. 2014-02 – see attached. ((PUBLIC HEARING HELD 2/4/14 – CAN BE PASSED TODAY)) (See Doc. # 114 – January 28 and February 4 Meetings) Notice of public hearing on February 4, 2014 published in the Daily Record on January 31, 2014. Special Ordinance passed on February 11, 2014 published in the Daily Record on February 19, 2014. CCID # 114 – Special Ordinance read Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President SPECIAL ORDINANCE # 10165 – PASSED AS AMENDED 7-0 (a) Amendment requested by Parks, Recreation and Public Property Department – see attached. # 114 – Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 - 20 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD FEBRUARY 18, 2014 THE THIRD READING AND PUBLIC HEARING ON AGENDA ITEM NO. 45 SHALL BE HELD ON FEBRUARY 25, 2014” ZONING ORDINANCE ON SECOND READING 45. Ord. to rezone the property located north of Farnam Street from 39 th to 40th Streets from GC-General Commercial District to NBD-Neighborhood Business District. (See Doc. # 174 – February 4 Meeting) CCID # 174 – ORDINANCE ON SECOND READING – Final reading to be held on February 25, 2014 pursuant to City Council Rule VII H. * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD FEBRUARY 18, 2014 THE THIRD READINGS ON AGENDA ITEM NOS. 46 THROUGH 48 SHALL BE HELD ON FEBRUARY 25, 2014” ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCES ON SECOND READING 46. Ord. approving a bid from Lion’s Gate Security Solutions, Inc., for regular security service at W . Dale Clark (Main) Library and security service as requested at Milton R. Abrahams Branch, Benson Branch, Bess Johnson Elkhorn Branch, Florence Branch, Millard Branch, A. V. Sorensen Branch, W. Clarke Swanson Branch, Charles B. Washington Branch, and Willa Cather Branch in accordance with the lowest and best bid submitted meeting specifications, for a period of two years, commencing upon approval; to authorize payments of approximately $66,690.00 annually; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 179 – February 4 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Calvin Jones, Vice President, Lion’s Gate Security Solutions, Inc. Joe Hodges, President, Lion’s Gate Security Solutions, Inc. For the City: Regina Dale, Library CCID # 179 – Public hearing was held today – Final reading set for February 25, 2014 pursuant to City Council Rule VII H. - 21 - 47. Ord. to provide that the City Council of the City of Omaha be authorized to issue and sell, from time to time, but no later than December 31, 2022, without further vote of the electorate, General Obligation Bonds of the City of Omaha in an amount not to exceed Fifty Million and No/100 Dollars ($50,000,000) f or the purpose of providing funds for the payment of the cost of constructing, reconstructing, widening, improving, extending and equipping streets, boulevards, roads, and public parking facilities, constructing, reconstructing, improving, extending and equipping of storm sewers, sanitary sewers, interceptor sewers, combined sewers, relief sewers, or combinations thereof, public open spaces and public transportation enhancements or combinations thereof, including necessary plans and specifications, and acquiring land and rights-of- way and easements as may be required but excluding the cost of the City construction equipment and payment of salaries to City employees for infill development in an area bounded on the east by 72 nd Street, on the South by Dodge Street, on the North by Cass Street and on the West by 76 th Street; to provide for the submission of this proposal to the qualified electors of the City of Omaha for their approval or rejection at the Special City Election to be held on May 13, 2014; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 180 – February 4 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Rod Yates, OTB Destination on behalf of Crossroads Village Protestants: Patrick Rinn, 13871 Sprague Street Steve Mulcahy, 10910 North 76th Plaza Ronald Brown, 4708 North 93rd Street Sam Brower, Andersen, Lauritsen & Brower, 1005 South 107 th Street, Ste. 101 For the City: Cassie Seagren, Mayor’s Office Paul Kratz, City Attorney CCID # 180 – Public hearing was held today – Final reading set for February 25, 2014 pursuant to City Council Rule VII H. (a) Letter of intent for developing a mixed-use development in Omaha, Nebraska (“Crossroads Village”) – see attached. # 180 – Over to 02/25/14 - 22 - 48. Spec. Ord. approving the Omaha Downtown Improvement District Association 2014/2015 Work Plan and Budget which includes the 2013/2014 Highlights, the 2013/2014 Progress Report, Stakeholder Engagement and Research, and 2014/2015 Work Plan, Budget, and Program Summary for the Omaha Downtown Improvement District Association (ODIDA) and levying a Special Tax and Assessment on all lots and pieces of real estate within Business Improvement District No. 6874 in the City of Omaha in the amount of $363,124.94; such assessment shall cover the costs anticipated by the Business Improvement District for March 2014 to February 2015 and contem plated by Ordinance No. 37504 which was approved by the City Council of the City of Omaha on October 3, 2006 and reauthorized by Ordinance No. 38957 approved on March 8, 2011; and to provide an effective date therein – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 175 – February 4 Meeting) CCID # 175 – Public hearing was held today – Final reading set for February 25, 2014 pursuant to City Council Rule VII H. (a) Amendment of the Whole requested by the Law Department – see attached. # 175 – Over to 02/25/14 * * * * * * * * * * * * * AUDITOR’S REPORT 49. Metropolitan Entertainment & Convention Authority Financial Statements and Independent Auditor’s Report June 30, 2013 and 2012 – see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) Roger Dixon, 455 North 10th Street, appeared and spoke. CCID # 206 – Motion by Gray to receive and place on file Seconded by Festersen ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 - 23 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD FEBRUARY 18, 2014 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 50 THROUGH 53 SHALL BE HELD ON FEBRUARY 25, 2014” ORDINANCES ON FIRST READING 50. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing the Bridge Replacement on 96th Street approximately 2,000 feet north of Rainwood Road, identified as Federal Aid Project BRO-7028 (47), State Control No. 22235 and City Project No. OPW 51160, providing that the City negotiate with the prope rty 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 # 207 – Publication to be made and public hearing to be held on Feb ruary 25, 2014 pursuant to City Council Rule VII H. 51. Ord. approving Amendment #1 to the Management Agreement with Republic Parking Systems, Inc., originally approved by City of Omaha Ordinance No. 39765 on August 27, 2013 for the management and enforceme nt of on-street parking spaces and meters; at various locations in downtown Omaha; to provide for payments involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter, as amended; to authorize the Finance Department to pay a fee for management services as outlined in the amendment to the contract documents in an additional amount not to exceed $3,000.00 per month; provide for payments from a specific account; and to provide an effective date hereof – see attached. CCID # 209 – Publication to be made and public hearing to be held on February 25, 2014 pursuant to City Council Rule VII H. - 24 - 52. Ord. to approve a contract between the City of Omaha and Omaha Public Schools for the City to provide, through its assignment, one uniformed police officer and a marked police car to the premises of South High School located at 4519 South 24th Street, North High School located at 4410 North 36th Street, Benson High School located at 5120 Maple Street, Blackburn Alternative School located at 3030 Spaulding Street, Central High School located at 124 North 20th Street, Northwest High School located at 8204 Crown Point, Monroe Middle School located at 5101 Bedford Avenue, Norris Middle School located at 2235 South 46th Street, McMillan Magnet Center located at 3802 Redick Avenue, and Burke High School located at 12200 Burke Boulevard, involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter, to perform police work within the District each day that school is in session during the regular school year ½ hour prior to the start of classes until ½ hour after classes are dismissed, or as otherwise directed by the school principal, not to exceed a 7.5 hour school day, from the first day of the semester of August, 2013 and expiring on July 31, 2016. The reimbursement payment from the Omaha Public Schools to the City will be in the amount of $1,638,468.00 for the ten officers; and to provide an effective date hereof – see attached. CCID # 208 – Publication to be made and public hearing to be held on February 25, 2014 pursuant to City Council Rule VII H. 53. Ord. (1) to approve Agreements between the City of Omaha and the Douglas County Board of Commissioners for the (a) Douglas County Attorney’s Office in the amount of fifty four thousand four hundred and eight dollars ($54,408); (b) Douglas County Sherriff’s Office in the amount of fifty thousand dollars ($50,000); (c) Fourth Judicial District Court of Nebraska in the amount of ten thousand dollars ($10,000); (d) Douglas County Department of Corrections in the amount of two thousand five hundred dollars ($2,500); (e) Douglas County Juvenile Detention Alternative Initiative (JDAI) in the amount of two thousand six hundred dollars ($2,600); (f) Douglas County Youth Center in the amount of twenty eight thousand eight hundred dollars ($28,800); (g) Douglas County Juvenile Assessment Center in the amount of thirty two thousand seven hundred forty nine dollars ($32,749); and (h) District 4J Probation in the amount of three thousand three hundred seventy dollars ($3,370); and (2) to authorize funding for such agreements from the City of Omaha’s 2013 Edward Byrne Memorial Justice Assistance Grant, #2013-DJ-BX-0974, awarded by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; to provide funding for security improvements, litigation support, and technology improvements; 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 # 212 – Publication to be made and public hearing to be held on February 25, 2014 pursuant to City Council Rule VII H. * * * * * * * * * * * * * - 25 - EXECUTIVE SESSION 54. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR FEBRUARY 11, 2014 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED FEBRUARY 10, 2014 AT 11:00 A.M. ADDITIONAL RESOLUTION 55. Res. that the City Council of the City of Omaha supports the goals of both LB907 and LB999 regarding additional criminal justice reform, and urges their adoption by the Nebraska Legislature – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Melton that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Res. # 213 – ADOPTED 7-0 Motion by Gernandt that the meeting be adjourned Seconded by Festersen ROLL CALL: Yeas: Jerram, Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Motion Carried 7-0 ADJOURNED: 3:24 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 February 11th, 2014. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO ACTING MAYOR PETE FESTERSEN ON THE 13th DAY OF FEBRUARY, 2014.