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2013-10-22j33rd REGULAR OMAHA CITY COUNCIL MEETING OCTOBER 22, 2013 THE CITY COUNCIL met in Regular Session on Tuesday, October 22, 2013 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 # 1377 – Present: Melton, Pahls, Gernandt, Gray, Jerram, Mr. President Absent: Thompson 2. Pledge of Allegiance. COUNCILMEMBER THOMPSON ENTERS THE LEGISLATIVE CHAMBERS 3. Invocation by Councilmember Franklin Thompson of District No. 6. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Ne wspaper of the City of Omaha on October 18, 2013, notice re: Pre-Council and Regular City Council Meetings, October 22, 2013. CCID # 1378 – 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 property located at 1424 & 1428 South 13th Street from GI- General Industrial District to NBD-Neighborhood Business District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1319 – October 1 and October 8 Meetings) Notice of public hearing on October 22, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. CCID # 1319 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39800 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone properties located at 1424 & 1428 South 13th Street from GI-General Industrial District to NBD-Neighborhood Business District – see attached. (See Doc. # 1319 – October 1 Meeting) # 1319 – From Chair on File 6. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 10730 Q Street; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1320 – October 1 and October 8 Meetings) Notice of public hearing on October 22, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. CCID # 1320 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39801 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a MCC-Major Commercial Corridor Overlay District for the property located at 10730 Q Street – see attached. (See Doc. # 1320 – October 1 Meeting) # 1320 – From Chair on File - 3 - 7. Ord. to rezone property located Northeast of Skyline Drive and West Center Road from AG-Agricultural District to DR-Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1333 – October 1 and October 8 Meetings) Notice of public hearing on October 22, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Dennis Hogan, Attorney for the applicant, Regency Center Opponent: Mike Jensen, representing the neighborhood, 1313 Ranch View Lane For the City: James Thele, Planning Director Paul Kratz, City Attorney CCID # 1333 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Gernandt, Gray, Jerram, Mr. President Nay: Thompson ORDINANCE # 39802 – PASSED 6-1 8. Ord. to rezone property located Northeast of Skyline Drive and West Center Road from AG-Agricultural District to R4-Single-Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1334 – October 1 and October 8 Meetings) Notice of public hearing on October 22, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Dennis Hogan, Attorney for the applicant, Regency Center Opponent: Mike Jensen, representing the neighborhood, 1313 Ranch View Lane For the City: James Thele, Planning Director Paul Kratz, City Attorney CCID # 1334 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Gernandt, Gray, Jerram, Mr. President Nay: Thompson ORDINANCE # 39803 – PASSED 6-1 - 4 - 9. Ord. to rezone property located Northeast of Skyline Drive and West Center Road from AG-Agricultural District to R5-Urban Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1335 – October 1 and October 8 Meetings) Notice of public hearing on October 22, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Dennis Hogan, Attorney for the applicant, Regency Center Opponent: Mike Jensen, representing the neighborhood, 1313 Ranch View Lane For the City: James Thele, Planning Director Paul Kratz, City Attorney CCID # 1335 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Gernandt, Gray, Jerram, Mr. President Nay: Thompson ORDINANCE # 39804 – PASSED 6-1 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northeast of Skyline Drive and West Center Road from AG to DR, R4 and R5 – see attached. (See Doc. # 1335 – October 1 Meeting) # 1335 – From Chair on File 10. Res. that the revised preliminary plat entitled THE PRAIRIES, located Northeast of Skyline Drive and West Center Road, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – over from 10/1/13 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1163 – October 1 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Dennis Hogan, Attorney for the applicant, Regency Center Opponent: Mike Jensen, representing the neighborhood, 1313 Ranch View Lane For the City: James Thele, Planning Director Paul Kratz, City Attorney - 5 - Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Gernandt, Gray, Jerram, Mr. President Nay: Thompson Res. # 1163 – ADOPTED 6-1 (a) Planning Board and Planning Department recommend approval of the Revised Preliminary Plat of THE PRAIRIES, located Northeast of Skyline Drive and W est Center Road – Outside City - over from 10/1/13 – see attached. (See Doc. # 1163 – October 1 Meeting) # 1163 – From Chair on File 11. Res. that the plat entitled THE PRAIRIES, located Northeast of Skyline Drive and West Center Road, is hereby approved and accepted – Outside City – over from 10/1/13 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1336 – October 1 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Dennis Hogan, Attorney for the applicant, Regency Center Opponent: Mike Jensen, representing the neighborhood, 1313 Ranch View Lane For the City: James Thele, Planning Director Paul Kratz, City Attorney Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Gernandt, Gray, Jerram, Mr. President Nay: Thompson Res. # 1336 – ADOPTED 6-1 (a) Planning Board and Planning Department recommend approval of the Final Plat of THE PRAIRIES, located Northeast of Skyline Drive and West Center Road – Outside City – over from 10/1/13 – see attached. (See Doc. # 1336 – October 1 Meeting) # 1336 – From Chair on File - 6 - 12. Res. that, the Subdivision Agreement among the City of Omaha, David F. Lanoha, Trustee of the David F. Lanoha Revocable Trust Dated 03/02/04, the Prairies Homeowners Association and Sanitary and Improvement District (S.&I.D.) 537 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 The Prairies (Lots 1-135 and Outlots A-J) and is located northeast of Skyline Drive and West Center Road – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Dennis Hogan, Attorney for the applicant, Regency Center Opponent: Mike Jensen, representing the neighborhood, 1313 Ranch View Lane For the City: James Thele, Planning Director Paul Kratz, City Attorney Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Gernandt, Gray, Jerram, Mr. President Nay: Thompson Res. # 1379 – ADOPTED 6-1 RESOLUTIONS RE: PRELIMINARY PLATS, PLATS, SUBDIVISION AGREEMENTS and VARIANCE 13. Res. that the preliminary plat entitled GATEWAY PARK, located Southwest of 192nd Street and West Dodge Road, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside and Outside City – over from 10/1/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1325 – October 1 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Jim Buser, Attorney for the applicant, 10250 Regency Circle Protestants: David Yudelson, Attorney representing the Home Owner’s Association & a resident of Fire Ridge, 19520 Leavenworth Street Angie Nixon, 104 South 197th Street Leigh Sittenauer, 111 South 197th Street Tim Simmons, 202 South 197th Street Mark Livingston, Chairman, SID 458, 223 North 200th Street For the City: James Thele, Planning Director Todd Pfitzer, City Engineer, Public Works Department Murthy Koti, Traffic Engineer, Public Works Department - 7 - Resolution read Motion by Jerram that the Resolution be ADOPTED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gray, Jerram, Mr. President Nay: Gernandt Res. # 1325 – ADOPTED AS AMENDED 6-1 (a) Amendment requested by Councilmember Thompson – see attached. # 1325 – Amendment read Motion by Thompson that Amendment “A” be APPROVED AS AMENDED Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gray, Jerram, Mr. President Nay: Gernandt Motion Carried 6-1 (a-1) Amendment “A-1” requested by Councilmember Jerram to Amendment “A” – see attached. # 1325 - Motion by Jerram that Amendment “A-1” to Amendment “A” be approved Seconded by Thompson ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 (b) Planning Board and Planning Department recommend approval of the Preliminary Plat of GATEWAY PARK, located Southwest of 192nd Street and West Dodge Road – Inside and Outside City – over from 10/1/13 – see attached. (See Doc. # 1325 – October 1 Meeting) # 1325 – From Chair on File (c) Document submitted opposing the closing of 197th Street – see attached. # 1325 – From Chair on File (d) Document submitted by David Yudelson re: the closure of 197th Street – see attached. # 1325 – From Chair on File - 8 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 14 THROUGH 17 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” 14. Res. that the preliminary plat entitled BURLINGTON DEPOT, located at 1001 South 10th Street, 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 November 5, 2013 published in the Daily Record on October 25, 2013. CCID # 1396 – Over two weeks to November 5, 2013 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend appro val of the Preliminary Plat of BURLINGTON DEPOT, a minor plat inside the city limits, located at 1001 South 10th Street – Inside City – see attached. # 1396 – Over to 11/05/13 15. Res. that the plat entitled KIDDER HEIGHTS, located at 4502 South 60th Street, is hereby approved and accepted – Inside City – see attached. Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. CCID # 1416 – Over two weeks to November 5, 2013 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of KIDDER HEIGHTS, a minor plat inside the city limits, located at 4502 South 60th Street – Inside City – see attached. # 1416 – Over to 11/05/13 - 9 - 16. Res. that the preliminary plat entitled MIRACLE HILLS REPLAT 4, located at 12110 West Dodge Road, with a request for a waiver of Section 53-8(4)(d) of the Omaha Municipal Code for Lot frontage, 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 November 5, 2013 published in the Daily Record on October 25, 2013. CCID # 1397 – Over two weeks to November 5, 2013 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of MIRACLE HILLS REPLAT 4, with a waiver of Section 53-8(4)(d) of the Omaha Municipal Code for Lot frontage, located at 12110 West Dodge Road – Inside City – see attached. # 1397 – Over to 11/05/13 17. Res. that the replat transmitted herewith entitled MIRACLE HILLS REPLAT 4, located at 12110 West Dodge Road, is hereby approved, and concurrently a portion of the existing plat entitled Miracle Hills Replat 3, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. CCID # 1398 – Over two weeks to November 5, 2013 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of MIRACLE HILLS REPLAT 4, located at 12110 West Dodge Road – Inside City – see attached. # 1398 – Over to 11/05/13 * * * * * * * * * * * * * * - 10 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 18 THROUGH 22 SHALL BE LAID OVER TWO WEEKS” 18. Res. that the plat entitled WEST DODGE POINTE (formerly known as TRIBEDO), located Northwest of 168th Street and West Dodge Road, is hereby approved and accepted – Outside City – see attached. CCID # 1419 – Over two weeks to November 5, 2013 pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of WEST DODGE POINTE (formerly known as Tribedo), located Northwest of 168th Street and W est Dodge Road – Outside City – see attached. # 1419 – Over to 11/05/13 19. Res. that, the Subdivision Agreement among the City of Omaha, Tribedo, LLC, a Nebraska Limited Liability Company, The West Dodge Pointe Owners Association, and Sanitary and Improvement District (S.&I.D.) 538 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 West Dodge Pointe (Lots 1-7, and Outlot A) and is located northwest of 168 th Street and West Dodge Road – see attached. CCID # 1420 – Over two weeks to November 5, 2013 pursuant to City Council Rule VII E. 20. Res. that the plat entitled INDIAN POINTE, located at 18808 West Maple Road, is hereby approved and accepted – Outside City – see attached. CCID # 1423 – Over two weeks to November 5, 2013 pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of INDIAN POINTE, a subdivision outside the city limits, located at 18808 West Maple Road – Outside City – see attached. # 1423 – Over to 11/05/13 - 11 - 21. Res. that, the Subdivision Agreement among the City of Omaha, FRK Development, LLC, a Nebraska limited liability company, The Indian Pointe Home Owners Association, and Sanitary and Improvement District (S.&I.D.) 559 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 Sub division is to be known as Indian Pointe (Lots 1-160 and Outlots A-C) and is located at 18808 West Maple Road – see attached. CCID # 1424 – Over two weeks to November 5, 2013 pursuant to City Council Rule VII E. 22. Res. that, the Subdivision Agreement between the City of Omaha and The Kidder Family Revocable Trust, as recommended by the Mayor, providing for the public improvements, Watershed Management fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Kidder Heights (Lot 1) and is located at 4502 South 60 th Street – see attached. CCID # 1431 – Over two weeks to November 5, 2013 pursuant to City Council Rule VII E. * * * * * * * * * * * * * * 23. Res. that the request of R & R Investors, LTD and Jasper Stone Partners for a variance from the Land Use Element of the Omaha Master Plan to allow an increase of a maximum 20% in the size, up to 96 acres, of mixed use development for the intersection of 192 nd and West Dodge Road as shown on Exhibit “A,” attached hereto and made a part hereof by this reference is hereby approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1400 – ADOPTED 7-0 - 12 - (a) Planning Board and Planning Department recommend approval of a variance from the Land Use Element of the Omaha Master Plan to allow an increase of a maximum 20% in size, up to 96 acres, of mixed use development for the intersection of 192nd and West Dodge Road – see attached. # 1400 – From Chair on File 24. Res. that the preliminary plat entitled 192ND STREET AND WEST DODGE ROAD (SE), located Southeast of 192nd Street and West Dodge Road, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1401 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of 192ND STREET AND WEST DODGE ROAD (SE), located Southeast of 192nd Street and West Dodge Road – Outside City – see attached. # 1401 – From Chair on File SPECIAL USE PERMIT – PERSONAL IMPROVEMENT SERVICES 25. Res. that the Special Use Permit application submitted by Mark Snow, for a Special Use Permit to allow Personal Improvement Services in a GI -General Industrial District located at 10033 Scott Circle, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulation s are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 10/1/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1316 – October 1 Meeting) - 13 - Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1316 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of a Special Use Permit to allow Personal Improvement Services in a GI-General Industrial District located at 10033 Scott Circle – over from 10/1/13 – see attached. # 1316 – From Chair on File SPECIAL USE PERMIT – INDOOR SPORTS AND RECREATION 26. Res. that the Special Use Permit application submitted by Jump Sports, LLC, for a Special Use Permit to allow Indoor Sports and Recreation in a GI -General Industrial District located at 13202 I Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 10/1/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1317 – October 1 Meeting) Richard Androsko, 2116 SW Woodside Court, Ankeny, IA, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1317 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of a Special Use Permit to allow Indoor Sports and Recreation in a GI- General Industrial District located at 13202 I Street – over from 10/1/13 – see attached. (See Doc. # 1317 – October 1 Meeting) # 1317 – From Chair on File - 14 - SPECIAL USE PERMIT – LARGE PROJECT 27. Res. that the Special Use Permit application submitted by Hy-Vee, Inc. for a Major Amendment to a Large Project Special Use Permit in a GC -General Commercial District (portions of which property lie within the flood fri nge), for property located at 7910 Cass Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 10/8/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1345 – October 8 Meeting) Chris Langan, Lamp, Rynearson & Associates, 14710 West Dodge Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1345 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the request of Hy-Vee, Inc. for a Major Amendment to a Large Project Special Use Permit to allow development in a GC District (portions of which property lie within the flood fringe) for property located at 7910 Cass Street – over from 10/8/13 – see attached. (See Doc. # 1345 – October 8 Meeting) # 1345 – From Chair on File - 15 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 28 THROUGH 29 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – SCRAP AND SALVAGE SERVICES 28. Res. that the Special Use Permit application submitted by Silvino Gomez for a Special Use Permit to allow Scrap and salvage services in a HI -Heavy Industrial District, located at 902 Grace Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. CCID # 1402 – Over two weeks to November 5, 2013 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the request of Silvino Gomez for a Special Use Permit to allow Scrap and salvage services in a HI District located at 902 Grace Street – see attached. # 1402 – Over to 11/05/13 SPECIAL USE PERMIT – LARGE PROJECT 29. Res. that the Special Use Permit application submitted by Brakes Plus for a Major Amendment to a Large Project Special Use Permit in a CC-Community Commercial District (property is also located within an ACI-4(PL) Overlay District), for property located at 12110 West Dodge Road, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, condition set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. - 16 - CCID # 1399 – Over two weeks to November 5, 2013 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the request of Brakes Plus for a Major Amendment to a Large Project Special Use Permit to allow development in a CC-ACI-4(PL) District for property located at 12110 West Dodge Road – see attached. # 1399 – Over to 11/05/13 * * * * * * * * * * * * * * LIQUOR 30. CLASS “C” – AMELOW, Inc., dba “Flashbacks”, 3015 South 83 rd Plaza. New application, Old location. Present licensee is Bars & Cars, Inc., dba “Flashbacks”, 3015 South 83rd Plaza, who has a Class “C” and Catering Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) CCID # 1388 - Motion by Gray that the application be laid over two weeks to November 5, 2013 and continue the public hearing Seconded by Pahls ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass 31. CATERING – AMELOW, Inc., dba “Flashbacks”, 3015 South 83rd Plaza. New application, Old location. Present licensee is Bars & Cars, Inc., dba “Flashbacks”, 3015 South 83rd Plaza, who has a Class “C” and Catering Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) - 17 - CCID # 1389 - Motion by Gray that the application be laid over two weeks to November 5, 2013 and continue the public hearing Seconded by Pahls ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass (a) Communication from Mike Kelley, Attorney representing AMELOW, Inc., dba “Flashbacks”, 3015 South 83rd Plaza, for a Class “C” and Catering Liquor License, requesting that the application be laid over to November 5, 2013 – see attached. # 1389 – From Chair on File 32. CLASS “C” – S & S Wyoming, LLC, dba “The Loose Moose”, 4915 North 120th Street. New application, Old location. Present licensee is The Loose Moose, LLC, dba “The Loose Moose Bar & Grill”, 4915 North 120 th Street, Suites 101- 104, who has a Class “C” Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Cory Schroeder, Owner, The Loose Moose, 762 North 9 th Street, Laramie, WY Barry Fleming, 4915 North 120th Street, Suites 101-104 Application read Motion by Gray that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1390 – ADOPTED AS AMENDED 7-0 (a) Communication from Cory Schroeder, Officer of S & S Wyoming, LLC, dba “The Loose Moose”, 4915 North 120 th Street, requesting an amendment to their application for a Class “C” Liquor License to correct the address to add Suites 1-4 and to include the outdoor sidewalk café area approx.. 25’ x 88’ – see attached. - 18 - # 1390 – Motion by Gray that the Amendment be approved Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 33. PACKAGE – Easy Drive Package, LLC, dba “Easy Drive Package”, 5124 North 24th Street. New application, New location. Property posted: 10 -01-13; Notification sent: 10-11-13 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Glennetta Long, 3320 North 41st Street, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted with the stipulation that there be no sales of single containers less than a 40 ounce beer or 375ml liquor Seconded by Thompson ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1391 – ADOPTED 7-0 34. Imagination Industries, dba “American Dream”, 2607 South 120th Street, requests permission for a CHANGE OF LOCATION of their present Class “C” Liquor License to be located at 7402 “F” Street. Property posted: 10 -08-13; Notification sent: 10-11-13 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: William McGinn, Attorney for the applicant, 20 North 16th Street, Council Bluffs, IA Casey Rowe, 346 North Adams Street, Papillion, NE CCID # 1392 – Application read Motion by Gray that the request be APPROVED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 - 19 - (a) Communication from Casey Rowe, President of Imagination Industries, dba “American Dream”, 2607 South 120th Street, requesting an amendment to their application for a CHANGE OF LOCATION of their present Class “C” Liquor License to include the outdoor area approx. 16’ x 16’ to the north – see attached. # 1392 – Motion by Gray that the Amendment be approved Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 35. Imagination Industries, dba “American Dream”, 2607 South 120th Street, requests permission to appoint Casey I. Rowe manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: William McGinn, Attorney for the applicant, 20 North 16th Street, Council Bluffs, IA Casey Rowe, 346 North Adams Street, Papillion, NE CCID # 1393 – Motion by Gray that the request be approved Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 36. RZ’s, Inc., dba “RZ’Z Poop Deck”, 6006 Grover Street, requests permission to appoint Kathryn S. Zagozda manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jim Buser, Attorney for the applicant, 10250 Regency Circle, appeared and spoke. CCID # 1394 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 - 20 - 37. Film Streams, Inc., 1340 Mike Fahey Street, requests permission to appoint Molly K. Welsh manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Molly Welsh, Operations Manager, Film Streams, 5005 Spencer Street, appeared and spoke. CCID # 1395 – Motion by Gray that the request be approved Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 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. 38 through 42 were held on October 8, 2013.) CONSENT AGENDA – ORDINANCES 38. Ord. to approve an Interlocal Cooperation Agreement between the Board of Regents of the University of Nebraska (“UNO”) and the City of Omaha, identifying public improvements required for the development of the UNO Nebraska Village Subdivision; to provide for the City’s contribution of $2,200,000.00 toward the said public improvements and the City’s current desire to explore the possibility of an additional $4,100,000.00 in funding for the same; to authorize payment from the appropriate fund in the amount of $2,200,000.00, involving appropriations of more than one year, in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof - see attached. (See Doc. # 1330 – October 1 and October 8 Meetings) Notice of public hearing on October 8, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. - 21 - CCID # 1330 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39805 – PASSED 7-0 39. Ord. approving an Interlocal Cooperation Agreement between the City of Omaha and the Board of Regents of the University of Nebraska (“UNO”) granting a license to UNO to use City-owned property to the southeast of the UNO Nebraska Village Subdivision for a period of 10 years, with an option to purchase the same; and providing for an effective date – see attached. (See Doc. # 1331 – October 1 and October 8 Meetings) Notice of public hearing on October 8, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. CCID # 1331 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39806 – PASSED 7-0 40. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Cypress Pointe II, LLC, a Nebraska limited liability company, to implement the Cypress Pointe II Tax Increment Financin g (TIF) Redevelopment Project Plan located at the southwest corner of 60 th and Hartman Avenue which proposes the construction of two 3-story, 40 unit buildings with affordable residential units for households with at least one senior 55 years of age and older; the agreement authorizes the use of up to $668,773.00 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 $9,929,533.00; and providing for an effective date – see attached. (See Doc. # 1321 – October 1 and October 8 Meetings) Notice of public hearing on October 8, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. CCID # 1321 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39807 – PASSED 7-0 - 22 - 41. Ord. to approve an Amendment to Redevelopment Agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and CO2, LLC, a Nebraska Limited Liability Company, as approved by Ordinance No. 39184, on December 13, 2011; to authorize payment in the amount of eighty-two thousand, four hundred seventy-one dollars and eight cents ($82,471.08) to reimburse CO2, LLC for storm water work performed at the City’s request and located directly south of the TIF redevelopment project at 10th & Worthington Streets; authorizing payment for the cost of the services from Fund 13123, Org. 117217; and to provide for an effective date hereof – see attached. (See Doc. # 1324 – October 1 and October 8 Meetings) Notice of public hearing on October 8, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. CCID # 1324 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39808 – PASSED 7-0 42. Ord. to accept the bid of Municipal Emergency Services to provide Firefighter Leather Boots for the Omaha Fire Department; the term of the agreement is for one year at a cost of $313.00 per pair of boots with both parties having the option to mutually agree to extend the agreement monthly for an additional 24 -month period at no increase in cost; and to provide an effective date hereof – see attached. (See Doc. # 1328 – October 1 and October 8 Meetings) Notice of public hearing on October 8, 2013 published in the Daily Record on October 4, 2013. Ordinance passed on October 22, 2013 published in the Daily Record on October 30, 2013. CCID # 1328 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39809 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 23 - (The public hearings on Agenda Item Nos. 43 through 58 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 43. Res. that, as recommended by the Mayor, the Professional Services Agreement with Alfred Benesch & Company to provide on-call field investigation and contract administration services for the 2013-2014 Residential Snow Plow Contracts in various areas of the City, is hereby approved; and that, the Finance Department is authorized to pay an estimated fee of $45,000.00 to be paid from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2013 expenditure – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1403 – ADOPTED 7-0 44. Res. that, the Second Amendment to the Subdivision Agreement among the City of Omaha, Clinton D. Boyd, and Sanitary and Improvement District No. 432 of Douglas County, Nebraska, as recommended by the Mayor, providing for the Interceptor Sewer fees, Watershed Management fees, and refund to Sanitary and Improvement District No. 432 of Douglas County from the Interceptor Sewer Fund, is hereby approved. The Subdivision is to be known as Tripp Place Replat 2 (Lots 1 - 8) and is located northwest of 144 th Street and Ames Avenue – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1380 – ADOPTED 7-0 45. Res. that, as recommended by the Mayor, the Professional Services Agreement with Lamp, Rynearson & Associates, Inc. to provide on-call field investigation and contract administration services for the 2013-2014 Residential Snow Plow Contracts in various areas of the City, is hereby approved; and that, the Finance Department is authorized to pay an estimated fee of $45,000.00 to be paid from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2013 expenditure – see attached. - 24 - Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1404 – ADOPTED 7-0 46. Res. that, as recommended by the Mayor, the contract with Navarro Lawn & Landscape for OPW 52524, being sidewalk snow and ice removal at various locations for the 2013-2014 winter season in the amount of $26,850.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Capital Special Assessments Fund 13573, Special Assessments Organization 116168, year 2013 expenditures – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1405 – ADOPTED 7-0 47. Res. that, as recommended by the Mayor, the Program Agreement between the City of Omaha and the Nebraska Department of Roads for Project MAPA- 28(116), State Control No. 22591, and OPW 52543, being the Omaha ATMS Central System Software procurement project, with the City’s share of the project cost, estimated to be $182,000.00 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 Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1406 – ADOPTED 7-0 48. Res. that, as recommended by the Mayor, Amendment No. 3 to the Professional Services Agreement with Lovgren Marketing Group to provide public facilitation services as a part of the Combined Sewer Overflow Program Management Team for the period of January 1, 2014 through December 31, 2015, is hereby approved; and that, the Finance Department is authorized to pay the additional fee not to exceed $333,750.00 for these engineering services from the Sewer Revenue Improvement Fund 21124, CSO Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project – see attached. - 25 - Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1381 – ADOPTED 7-0 49. Res. that, the Communications Cable and Facilities Agreement between the City of Omaha and Alegent Creighton Health, as recommended by the Mayor, providing for the installation of communication cable in City Right of Way is hereby approved. The location of the communication cable will be reviewed and approved by the Public Works Department – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1427 – ADOPTED 7-0 50. Res. that pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on May 24, 2011, the City of Omaha officially designates the Benson Fall Family Festival as a special event under LB 589 and NEB. REV. STAT. §39-1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties imposed by such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless the Stat e of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a result of the special event and the temporary use of U. S. Highway 64 from NW Radial Highway to 59 th Street on November 2, 2013, between the hours of 9:00 a.m. and 12:30 p.m., for the entire closure of the Benson Business Improvement District event, the Benson Fall Family Festival – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1408 – ADOPTED 7-0 51. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a purchase order to Nebraska’s Best for grounds maintenance in various areas in the amount of $134,928.30; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, ROW Maintenance Organization 116152 – see attached. - 26 - Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1407 – ADOPTED 7-0 52. Res. that, the attached grant agreement, as recommended by the Mayor, to provide a Lead-based Paint Hazard Control grant payment in the amount of $24,835.00 for the lead hazard control work at the property located at 1712 Holmes Street, Omaha, Nebraska 68107; Michelle R. Cernin; through the Lead Based Paint Hazard Control Program is hereby approved. The contract is to be awarded to Rife Construction, Inc. Grant funds shall be paid from Lead -based Paint Hazard Control Program, Fund No. 12136, Organization 128104 – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1409 – ADOPTED 7-0 53. Res. that as recommended by the Mayor, the bid in the total amount of $175,000.00, from Calabretto Building Group, Inc. to furnish all labor, materials, and equipment necessary to complete the construction of the new east entrance to the Camelot Community Center, 9270 Cady Avenue, 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. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1410 – ADOPTED 7-0 - 27 - 54. Res. that, as recommended by the Mayor, the bid in the total amount of $149,772.49, from Swain Construction, Inc., to furnish labor, materials, and all incidentals necessary to complete the parking lot and paving improvements at Brown Park, 5708 South 15th Street, being the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The improvements shall include, but not be limited to pavement removal, site grading, new concrete paving, drainage improvements, and other incidentals necessary to complete the work. 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. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1382 – ADOPTED 7-0 55. Res. that the appointment by the Mayor of John R. Barrett, as an alternate member of the Administrative Appeals board, said term to commence immediately upon passage and expire three (3) years thereafter, be and hereby is confirmed – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1430 – ADOPTED 7-0 56. Res. that Anna Hernandez-Valencia be and hereby is appointed by the Mayor with the concurrence of the City Council as a member of the Charter Study Convention created and established by Ordinance No. 39785 – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1428 – ADOPTED 7-0 - 28 - 57. Res. that the reappointment by the Honorable Jean Stothert of Jeffrey C. Royal to be a member of the Dundee Business Improvement District Area Board to serve a five-year term to commence October 28, 2013 and end on October 27, 2018, is hereby confirmed by the City Council – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1411 – ADOPTED 7-0 58. Res. that the nomination and appointment by Mayor Jean Stothert of J. Scott Sullivan as a member of the City of Omaha Personnel Board to serve the remainder of a five-year term commencing upon his approval, and expiring on September 12, 2018, be and hereby is confirmed and approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1412 – ADOPTED 7-0 RESOLUTIONS 59. Res. that, the attached KETV Office and Studio Facility Tax Increment Financing (TIF) Redevelopment Project Plan for the project site located at 1001 South 10th Street which proposes the adaptive reuse and conversion of the two -story, historic former Burlington Railroad Station into the office headquarters and studio facility for KETV, and includes the vacation of approximately 7,520 square feet of the existing South 9th Street right-of-way; recommending the City’s participation through the allocation of TIF in an amount up to $1,279,845.00 to offset TIF eligible costs such as acquisition, rehabilitation, site work, demolition, architectural and engineering fees, any environmental, as well as any public infrastructure improvements, 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 – over from 9/24/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1293 – September 24 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: David Barrett, Chairman & CEO, Hearst Television Ariel Roblin, General Manager, KETV, 2665 Douglas Street For the City: Bridget Hadley, Planning Department - 29 - Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1293 – ADOPTED 7-0 60. Res. that, the attached Mid-America Medical Office Tax Increment Financing (TIF) Redevelopment Project Plan for the 5.47 acre redevelopment project site located at 7100 West Center Road which contemplates the complete demolition of the existing structure, the new construction of a 6-story, 120,000 square foot medical office building, more than 360 parking stalls, and also contemplates a new access ramp on West Center Road connecting to 72 nd Street south of the entrance to the project site, replacing the existing access ramp; recommending the City’s participation through the allocation of TIF in an amount up to $4,777,391.00 to offset TIF eligible costs such as acquisition, site preparation, architectural and engineering fees, and any public improvements as required including the new access ramp, 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 – over from 9/24/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1294 – September 24 Meeting) Bridget Hadley, Planning Department, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1294 – ADOPTED 7-0 61. Res. that, the attached The Wire Tax Increment Financing (TIF) Redevelopment Project Plan for the project site located at 100 South 19th Street which contemplates an adaptive re-use and conversion of the historically significant office building and headquarters of the former Northwestern Bell Telephone Company into nearly 300 market rate apartment units on the top 10 floors, ground floor commercial space and parking from the 2nd floor to the basement; recommending the City’s participation through the allocation of TIF in an amount up to $6,400,000.00 to offset TIF elig ible costs such as acquisition, site prep, rehabilitation, architectural and engineering fees, environmental and any public improvements, 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 – over from 9/24/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1295 – September 24 Meeting) - 30 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Todd Heistand, Nu Style Development, 1524 Cuming Street For the City: Bridget Hadley, Planning Department Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1295 – ADOPTED 7-0 62. Res. that, pursuant to the provisions of the Business Improvement District Act, Nebraska Revised Statutes Section 19-4015, et seq. (Reissue 2007), and based on the recommendations received from the duly appointed Blackstone Business Improvement District Board and the City of Omaha Planning Board, the City Council of the City of Omaha hereby declares its intention to create Business Improvement District No. 6877 for the purpose of financing public improvements, providing public facilities, developing public activities, promoting public events, undertaking projects for the betterment of public facilities, contracting with personnel for improvement programs, and providing certain activities through special assessments against properties within the district’s boundaries and for any other purpose allowed by law as hereinafter more specifically described with an annual budget of $18,750 (Blackstone BID) – over from 10/8/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1376 – October 8 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Brad Iwen, 3925 Farnam Street Dan Houlihan, Owner, Sullivan’s Bar, 3929 Farnam Street Dwayne Brown, Owner, Slate Architecture, 3624 Farnam Street Rhonda Stuberg, 3708 Farnam Street For the City: Bridget Hadley, Planning Department Bob Stubbe, Public Works Director James Thele, Planning Director Res. # 1376 – Resolution read (a) Amendment of the Whole requested by the Law Department – see attached. Motion by Jerram that the Amendment of the Whole be ADOPTED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 1376 – ADOPTED AS AMENDED 7-0 - 31 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 12, 2013 AGENDA ITEM NO. 63 SHALL BE LAID OVER FOUR WEEKS TO NOVEMBER 19, 2013 FOR PUBLICATION AND PUBLIC HEARING” 63. Res. that, the attached Omaha-Council Bluffs Consortium Consolidated Submission for Community Planning and Development Programs Consolidated Plan – 2014 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 2014 Community Development Block Grant, HOME Investment Partnerships and Emergency Shelter Grant Programs – see attached. Notice of public hearing on November 19, 2013 published in the Daily Record and the Omaha World Herald on October 24, 2013 and October 31, 2013. CCID # 1413 – Over four weeks to November 19, 2013 for publication and public hearing pursuant to City Council Rule VII H. * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 64 THROUGH 68 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 64. Ord. to rezone property located at 822 Pierce Street from HI-Heavy Industrial District to R7-Medium-Density Multiple Family Residential District. (See Doc. # 1358 – October 8 Meeting) CCID # 1358 – ORDINANCE ON SECOND READING – Final reading to be held on October 29, 2013 as per City Charter requirements. 65. Ord. to rezone property located northeast of 85th Avenue and Cass Street from R2-Single-Family Residential District (Low Density) and LO-Limited Office District to LO-Limited Office District. (See Doc. # 1359 – October 8 Meeting) CCID # 1359 – ORDINANCE ON SECOND READING – Final reading to be held on October 29, 2013 as per City Charter requirements. - 32 - 66. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located northeast of 85 th Avenue and Cass Street; and to provide for an effective date – see attached. (See Doc. # 1360 – October 8 Meeting) CCID # 1360 – ORDINANCE ON SECOND READING – Final reading to be held on October 29, 2013 as per City Charter requirements. 67. Ord. to rezone property located Northeast of 186th and Pacific Streets from AG- Agricultural District to DR-Development Reserve District. (See Doc. # 1363 – October 8 Meeting) CCID # 1363 – ORDINANCE ON SECOND READING – Final reading to be held on October 29, 2013 as per City Charter requirements. 68. Ord. to rezone property located Northeast of 186th and Pacific Streets from AG- Agricultural District to R4-Single –Family Residential District (High Density). (See Doc. # 1364 – October 8 Meeting) CCID # 1364 – ORDINANCE ON SECOND READING – Final reading to be held on October 29, 2013 as per City Charter requirements. * * * * * * * * * * * * * * ORDINANCES ON SECOND READING 69. Ord. approving the Loan Contract between the City of Omaha and the Nebraska Department of Environmental Quality to finance the construction of wastewater treatment plant improvements; to provide for the repayment of the loan from appropriations of more than one year, in accord with Section 5.17 of the Home Rule Charter; to provide for payments from a specific account; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1367 – October 8 Meeting) CCID # 1367 – Public hearing was held today – Final reading set for October 29, 2013 as per City Charter requirements. - 33 - 70. Ord. to establish easements, covenants, and restrictions for City-owned property in the Logan Fontenelle East Redevelopment Plan area within an area generally bounded by Clark Street, the alley west of 18th Street, Charles Street and Florence Boulevard for use for single-family residences; to authorize the Mayor to execute a Declaration of Easements, Covenants and Restrictions; to direct the Planning Department to record the covenants, and; to provide an effective date hereof – see attached. ((PUBIC HEARING TODAY)) (See Doc. # 1368 – October 8 Meeting) CCID # 1368 – Public hearing was held today – Final reading set for October 29, 2013 as per City Charter requirements. 71. 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 twenty six thousand dollars ($26,000); (c) Fourth Judicial District Court of Nebraska in the amount of thi rty thousand and eight dollars ($30,008); and (d) Douglas County Department of Corrections in the amount of eighty two thousand eight hundred and eighteen dollars ($82,818); and (2) to authorize funding for such agreements from the City of Omaha’s 2012 Edward Byrne Memorial Justice Assistance Grant, #2012 -DJ- BX-0863, awarded by the 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. ((PUBLIC HEARING TODAY)) (See Doc. # 1371 – October 8 Meeting) CCID # 1371 – Public hearing was held today – Final reading set for October 29, 2013 as per City Charter requirements. 72. Ord. (1) to approve an Agreement between the City of Omaha and (a) Empowerment Network in the amount of fifty two thousand dollars ($52,000); and (b) Police Research and Policy Group (PRPG) in the amount of seventy one thousand nine hundred and twenty dollars ($71,920); and (2) to authorize funding for such agreements from the City of Omaha’s 2012 Byrne Criminal Justice Innovation Program Grant, award #2012 -AJ-BX-0013, awarded by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; to provide funding for the Omaha RISE collaborative projec t to help returning probationers re-entering the 68111 zip code; 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. ((PUBLIC HEARING TODAY)) (See Doc. # 1372 – October 8 Meeting) - 34 - CCID # 1372 – Public hearing was held today – Final reading set for October 29, 2013 as per City Charter requirements. 73. Ord. to approve the acceptance of and authorize the disbursement from the Hospital Preparedness Program Award, #5U90TP000533 -02, in the amount of one hundred fifty thousand dollars ($150,000.00) from the Nebraska Department of Health and Human Services, Division of Public Health, Office of Community & Rural Health, during the project period of July 1, 2013 to June 30, 2014, to establish a system coordinating all facets of patient health care and ensures resources, expertise, communications, and personnel are pres ent to respond during any public health medical emergency mass effect event; to authorize the Mayor of the City of Omaha to sign and the City Clerk of the City of Omaha to attests any document related to the receipt of this award; and 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. ((PUBLIC HEARING TODAY)) (See Doc. # 1373 – October 8 Meeting) CCID # 1373 – Public hearing was held today – Final reading set for October 29, 2013 as per City Charter requirements. 74. Ord. to approve a Professional Services Agreement between the City of Omaha, a municipal corporation, and Steven Jensen Consulting, L.L.C., a Nebraska limited liability company, effective from its date of execution to December 31, 2014; that Steven Jensen Consulting, L.L.C. will be compensated for professional services at a rate of one hundred dol lars ($100) per hour with a maximum not to exceed one hundred thousand dollars ($100,000) per calendar year; funding shall be from General Fund 11111, Administration Organization 109011; to authorize the Finance Director to make payments in conformance therewith; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1374 – October 8 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: David Levy, Baird Holm Law Firm and Chairman of Advisory Committee for Omaha by Design Jerry Standerford, Sherwood Homes & Lane Building Corporation, 14711 Industrial Road and President of the Metropolitan Builders Association John Fullenkamp, 11440 West Center Road Todd Heistand, Nu Style Development, 2223 Dodge Street and Member of Omaha by Design Committee Tim Holland, Holland, Basham Architects, 200 South 31st Avenue and Member of Urban Design Review Board For the City: James Thele, Planning Director Mikki Frost, Human Resources Director - 35 - CCID # 1374 – Public hearing was held today – Final reading set for October 29, 2013 as per City Charter requirements. (a) Communication in support of the Ordinance to approve a Professional Services Agreement between the City of Omaha and Steven Jensen Consulting, L.L.C. – see attached. # 1374 – Over to 10/29/13 75. Ord. to amend Omaha Municipal Code Sec. 10-182, by providing that one member of the Professional Services Selection Committee may be a disinterested resident of the City or of the City’s three -mile zoning jurisdiction; to amend the term of such member from one year to three years; to repeal Sec. 10 - 182 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1369 – October 8 Meeting) CCID # 1369 – Public hearing was held today – Final reading set for October 29, 2013 as per City Charter requirements. “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 76 THROUGH 81 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 76. Ord. to rezone the property located at 4502 South 60th Street from DR- Development Reserve to R6-Low-Density Multiple Family Residential District. CCID # 1414 – Publication to be made and public hearing and third reading to be held on November 5, 2013 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 4502 South 60 th Street from DR-Development Reserve to R6-Low-Density Multiple Family Residential District – see attached. # 1414 – Over to 11/05/13 77. Ord. to approve a PUD-Planned Unit Development Overlay District in a R6-Low- Density Multiple Family Residential District located at 4502 South 60th Street, to approve the Development Plan, and to provide for an effective date – see attached. - 36 - CCID # 1415 – Publication to be made and public hearing and third reading to be held on November 5, 2013 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request for a PUD-Planned Unit Development Overlay District in a R6-Low-Density Multiple Family Residential District located at 4502 South 60th Street – see attached. # 1415 – Over to 11/05/13 78. Ord. to rezone property located Northwest of 168th Street and West Dodge Road from AG-Agricultural District and MH-Mobile Home Residential District to MU- Mixed Use District (portions of which property lie within the flood fringe). CCID # 1417 – Publication to be made and public hearing and third reading to be held on November 5, 2013 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 168th Street and West Dodge Road from AG and MH to MU (portions of which property lie within the flood fringe) – see attached. # 1417 – Over to 11/05/13 79. Ord. to approve a Mixed Use District Development Agreement for property located Northwest of 168th Street and West Dodge Road between the City of Omaha and TRIBEDO, LLC, providing site development standards; and to provide for an effective date – see attached. CCID # 1418 – Publication to be made and public hearing and third reading to be held on November 5, 2013 as per City Charter requirements. 80. Ord. to rezone property located at 18808 West Map le Road from AG-Agricultural District to DR-Development Reserve District. CCID # 1421 – Publication to be made and public hearing and third reading to be held on November 5, 2013 as per City Charter requirements. 81. Ord. to rezone property located at 18808 West Maple Road from AG-Agricultural District to R4-Single Family Residential District (High Density). CCID # 1422 – Publication to be made and public hearing and third reading to be held on November 5, 2013 as per City Charter requirements. - 37 - (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 18808 West Maple Road from AG-Agricultural District to DR-Development Reserve District and R4-Single Family Residential District (High-Density) – see attached. # 1422 – Over to 11/05/13 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 82 THROUGH 89 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 82. 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 owners for land acquisition, 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 # 1383 – Publication to be made and public hearing to be held on October 29, 2013 as per City Charter requirements. 83. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 2828 N. 16th 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 specified 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 betwee n the City of Omaha and William H. Broadway, to acquire the property for the sum of Sixty-five thousand and No/100 Dollars ($65,000.00) is approved; project costs will be paid from Community Development Block Grant, Fund 12186, Organization No. 128072, Project No. 4134, Task 10.1327, Award 100061; and to provide the effective date hereof – see attached. CCID # 1384 – Publication to be made and public hearing to be held on October 29, 2013 as per City Charter requirements. - 38 - 84. Ord. approving an Agreement for the sale of City -owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Agreement with Habitat for Humanity of Omaha, Inc., a Nebraska non-profit Corporation, 1701 N. 24th Street, Omaha, NE 68110, to sell property located at 2201 Clark Street and legally described in the attached agreement, located within the Logan Fontenelle Redevelopment Plan area, in consideration of the sum of Seventy Thousand and 00/100 Dollars ($70,000.00); there are no expenditures associated with the conveyance of the property; and to provi de the effective date hereof – see attached. CCID # 1385 – Publication to be made and public hearing to be held on October 29, 2013 as per City Charter requirements. 85. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 3407 -11 Decatur 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 2012 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisio ns of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Edward and Veronica Horne, 6818 North 106th Circle, Omaha, NE 68122, to acquire the property for the sum of Nine Thousand Four Hundred Fifty and 00/100 Dollars ($9,450.00) is approved; project costs will be paid from FY 2012 Community Development Block Grant, Fund 12186, Organization No. 129161, Project No. 3526, Task 20.1, Award 855; and to provide the effective date hereof – see attached. CCID # 1425 – Publication to be made and public hearing to be held on October 29, 2013 as per City Charter requirements. 86. Ord. to accept the bid of Fire Guard, Inc. to provide Fire Hose for the Omaha Fire Department for a term of 12-months with both parties having the option to mutually agree to extend the agreement monthly for an additional 12 -month period at no increase in cost at a cost of $123.50 per 50’ long, 1 ¾” Fire Hose, $162.50 per 50’ long, 2 ½” Fire Hose, and $770.90 per 100’ long, 5” attack Fire Hose; and to provide an effective date hereof – see attached. CCID # 1426 – Publication to be made and public hearing to be held on October 29, 2013 as per City Charter requirements. - 39 - 87. Ord. to approve the acceptance of and authorize the disbursement from the FY 2013 State Homeland Security Grant (SHSG) grant award, number EMW -2013- SS-00010-S01, and budget in the amount of four hundred thirteen thousand seven hundred and five dollars ($413,705) from the Nebraska Emergency Management Agency (NEMA), during the project period of September 1, 2013 through January 31, 2015, to fund Tri-County region strategic projects that will provide first responder and emergency resp onse communities in Douglas, Sarpy, and Washington counties with enhanced capabilities for responding to the potential threats of manmade and natural disasters; 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 # 1429 – Publication to be made and public hearing to be held on October 29, 2013 as per City Charter requirements. 88. Ord. to approve the acceptance of the Nebraska Crime Commission, 2013 Juvenile Services Grants: #13-JS-408, Completely KIDS’ Liberty Project Family Strengthening Program, in the amount of $50,000, with a match of $28,838 provided by the subcontractor Completely KIDS; #13-JS-409, Eastern Nebraska Community Action Partnership (ENCAP), in the amount of $30,500, with a match of $8,500 provided by the subcontractor Eastern Nebraska Community Action Partnership; #13-JS-410, Teen Girls Chat; Real Life Situations, in the amount of $13,535, with a match of $5,422 provided by the subcontractor Nebraska Children’s Home Society; #13-JS-411, Noble Youth Seminars for Young Men, in the amount of $3,543, with a match of $650 provided by the subcontractor Latino Center of the Midlands; #13-JS-412, Greater Omaha Attendance and Learning Services (GOALS) Center, in the amount of $50,500, with a match of $4,000 provided by the subcontractor Greater Omaha Attendance and Learning Services Center; and #13-JS-413, African American Youth Leadership Development Experience, in the amount of $16,875, with a match of $11,291 provided by the subcontractor Center for Holistic Development; during the project period of July 1, 2013 to June 30, 2014, to provide program support to six youth -service agencies; 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 # 1386 – Publication to be made and public hearing to be held on October 29, 2013 as per City Charter requirements. - 40 - 89. Ord. to approve an Agreement between the City of Omaha and (a) Completely KIDS in the amount of fifty thousand dollars ($50,000); (b) Eastern Nebraska Community Action Partnership (ENCAP) in the amount of thirty thousand five hundred dollars ($30,500); (c) Nebraska Children’s Home Society in the amount of thirteen thousand five hundred and thirty five dollars ($13,535); (d) Latino Center of the Midlands in the amount of three thousand five hundred and forty three dollars ($3,543); and (e) Center for Holistic Development in the amount of sixteen thousand eight hundred and seventy five dollars ($16,875) to provide services and programs to juveniles in Omaha during the period of July 1, 2013 to June 30, 2014; to authorize funding for such agreemen t from the 2013 Juvenile Services Grant Funds #13-JS-408, #13-JS-409, #13-JS-410, #13-JS-411, and #13-JS-413; and 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 # 1387 – Publication to be made and public hearing to be held on October 29, 2013 as per City Charter requirements. * * * * * * * * * * * * * * EXECUTIVE SESSION 90. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Motion by Gray that the meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 ADJOURNED: 5:01 P.M. - 41 - I, SANDRA L. MOSES, DEPUTY 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 October 22nd, 2013. WITNESS: _______________________________ _______________________________ DEPUTY CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MA YOR JEAN STOTHERT ON THE 25th DAY OF OCTOBER, 2013.