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2012-12-18j40th REGULAR OMAHA CITY COUNCIL MEETING DECEMBER 18, 2012 THE CITY COUNCIL met in Regular Session on Tuesday, December 18, 2012 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Thomas Mulligan. ROLL CALL 1. City Clerk calls the roll. CCID # 1638 – Present: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, 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 December 14, 2012, notice re: Pre-Council and Regular City Council Meetings, December 18, 2012. CCID # 1639 – 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 East of 99th Street and South of Redick Avenue from LI-Limited Industrial District to R7-Medium-Density Multiple Family Residential District – over from 11/6/12 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE PASSED TODAY)) (See Doc. # 1303 – September 25, October 2, October 16 and November 6 Meetings) Notice of public hearing on October 16, 2012 published in the Daily Record on September 28, 2012. CCID # 1303 – Motion by Gray that the Ordinance be laid over three weeks to January 8, 2013 and continue the public hearing Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located East of 99 th Street and South of Redick Avenue from L1 to R7 – over from 11/6/12 – see attached. (See Doc. # 1303 – September 25, October 16 and November 6 Meetings) # 1303 – Over to 01/08/13 (b) Communication from Doug Halvorson, representing Eagles Nest Church, requesting that the ordinances approving the rezoning, PUD and Development agreement for property located northeast of 99th Street and Military Road, be laid over three weeks to January 8, 2013 and continue the public hearing – see attached. # 1303 – From Chair on File 6. Ord. to approve a PUD-Planned Unit Development Overlay District in a R7- Medium-Density Multiple-Family Residential District located East of 99th Street and South of Redick Avenue, to approve the Development Plan, and to provide for an effective date – over from 11/6/12 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE PASSED TODAY)) (See Doc. # 1304 – September 25, October 2, October 16 and November 6 Meetings) Notice of public hearing on October 16, 2012 published in the Daily Record on September 28, 2012. - 3 - CCID # 1304 – Motion by Gray that the Ordinance be laid over three weeks to January 8, 2013 and continue the public hearing Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 (a) Planning Board and Planning Department recommend approval of a request for a PUD-Planned Unit Development Overlay District in a R7-Medium-Density Multiple-Family Residential District located East of 99th Street and South of Redick Avenue – over from 11/6/12 – see attached. (See Doc. # 1304 – September 25, October 16 and November 6 Meetings) # 1304 – Over to 01/08/13 7. Ord. to approve a Development Agreement for property located Northeast of 99th Street and Military Road between the City of Omaha and Pathway of Light of Omaha, an Illinois corporation, providing for public improvements for which the developer is responsible; and to provide for an effective date – over from 11/6/12 and continue the public hearing – see attached. ((PUBLIC HEARING HELD 10/2/12 – CAN BE PASSED TODAY)) (See Doc. # 1298 – September 25, October 2, October 16 and November 6 Meetings) Notice of public hearing on October 2, 2012 published in the Daily Record on September 28, 2012. CCID # 1298 – Motion by Gray that the Ordinance be laid over three weeks to January 8, 2013 Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 - 4 - RESOLUTIONS RE: PLAT & SUBDIVISION AGREEMENT “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 25, 2012 AND JANUARY 1, 2013 AGENDA ITEM NO. 8 SHALL BE LAID OVER THREE WEEKS TO JANUARY 8, 2013 FOR PUBLICATION AND PUBLIC HEARING” 8. Res. that the plat entitled KIEWIT PLACE located Northwest of 60 th and “F” Streets, is hereby approved and accepted – Inside City – see attached. Notice of public hearing on January 8, 2013 published in the Daily Record on December 21, 2012. CCID # 1648 – Over three weeks to January 8, 2013 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Final Plat of KIEWIT PLACE, a subdivision located Northwest of 60th and “F” Streets – Inside City – see attached. # 1648 – Over to 01/08/13 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 25, 2012 AND JANUARY 1, 2013 AGENDA ITEM NO. 9 SHALL BE LAID OVER THREE WEEKS TO JANUARY 8, 2013” 9. Res. that, the Subdivision Agreement among City of Omaha Parks, Recreation, and Public Property Department, a Municipal Corporation, Kiewit Infrastructure Co., a Delaware corporation, and the City of Omaha, as recommended by the Mayor, providing for the Watershed Management fees, is hereby approved. The Subdivision is to be known as Kiewit Place and is located Northwest of 60 th and “F” Streets – see attached. CCID # 1649 – Over three weeks to January 8, 2013 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * - 5 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 25, 2012 AND JANUARY 1, 2013 AGENDA ITEM NO. 10 SHALL BE LAID OVER THREE WEEKS TO JANUARY 8, 2013 FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – PERSONAL IMPROVEMENT SERVICES 10. Res. that the Special Use Permit application submitted by Mark Sanford for a Special Use Permit to allow Personal improvement services and Personal services in a GI-General Industrial District, located at 4383 Nicholas 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 January 8, 2013 published in the Daily Record on December 21, 2012. CCID # 1650 – Over three weeks to January 8, 2013 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the request of Mark Sanford for a Special Use Permit to allow Personal improvement services and Personal services in a GI District located at 4383 Nicholas Street – see attached. # 1650 – Over to 01/08/13 * * * * * * * * * * * * * * LIQUOR 11. CLASS “C” – SportsAndShortsClub, LLC, dba “O’Leaver’s”, 1322 S Saddle Creek Road. New application, Old location. Present licensee is Mello, Christopher M., dba “O’Leaver’s”, 1322 S Saddle Creek Road, 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: Sean Kelley, Attorney for the applicant, 7134 Pacific Street Chris Machmuller, 1415 South 60th Street - 6 - Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Gernandt, Gray, Stothert, Thompson, Festersen, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gernandt, Gray, Stothert, Thompson, Festersen, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 1640 – ADOPTED 6-0-1 Pass 12. CLASS “C” – Stephens Marr, LLC, dba “Baxter’s”, 6113 Maple Street. New application, New location. Property posted: 12-04-12; Notification sent: 12-07- 12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Brad Marr, 5831 Burdette Street, appeared and spoke. Motion by Festersen that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1641 – ADOPTED 7-0 13. CLASS “I” – Vermeer, Jaime, dba “Un-Corked Paint and Sip Studio”, 12100 West Center Road, Suite 706. New application, New location. Property posted: 11 - 28-12; Notification sent: 12-07-12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Jaime Vermeer, 12100 West Center Road, Suite 706 Laura Vermeer, 9910 Emiline Street, La Vista, NE Motion by Gray that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1642 – ADOPTED 7-0 - 7 - 14. CLASS “I” – The Corky Canvas, LLC, dba “The Corky Canvas”, 3157 Farnam Street, Suites 7-8. New application, New location. Property posted: 12 -03-12; Notification sent: 12-07-12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOP T A RESOLUTION EITHER TO GRANT OR DENY)) Angie Bergren Lewis, 3157 Farnam Street, Suites 7 -8, appeared and spoke. Motion by Jerram that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1643 – ADOPTED 7-0 15. CLASS “I” – Jin Xing, Inc., dba “Golden Palace Restaurant”, 4040 North 132nd Street. New application, Old location. Present licensee is Hong-Fa Corporation, dba “Golden Palace”, 4040 North 132nd Street, who has a Class “I” 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)) Pei Chen, 4440 North 132nd Street, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1644 – ADOPTED 7-0 16. PACKAGE – Palomares, Jose & Teresa, dba “Super Carniceria El Pueblito”, 5116 South 24th Street. New application, New location. Property posted: 12 -05- 12; Notification sent: 12-07-12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Hugh Abrahamson, Attorney for the applicant, 6901 Dodge Street Jose Palomares, 5160 South 24th Street Motion by Gernandt that the Resolution to GRANT be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1645 – ADOPTED 7-0 - 8 - 17. Wadsworth Old Chicago, Inc., dba “Old Chicago”, 2643 South 144th Street, requests permission to appoint Jennifer S. Toft manager of their present Class “I” Liquor License location – see attached. Jennifer Toft, 2503 North 71st Street, appeared and spoke. CCID # 1646 – Motion by Thompson that the request be approved Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 (a) Wadsworth Old Chicago, Inc., dba “Old Chicago”, 1111 Harney Street, requests permission to appoint Jennifer S. Toft manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 1647 – Motion by Thompson that the request be approved Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 RESOLUTION RE: LIQUOR LICENSE CANCELLATION 18. Res. that effective thirty days after the adoption of this Resolution, the Class “C” retail liquor license held by Carlisle Management, LLC, dba “Carlisle Hotel Omaha” at 10909 “M” Street, in Omaha, Ne braska, is hereby revoked for the reasons set forth herein – see attached. CCID # 1672 - Motion by Gernandt that the Resolution be laid over three weeks to January 8, 2013 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 (a) Communication from Michael J. O’Bradovich, Attorney representing Carlisle Management, L.L.C., dba “Carlisle Hotel Omaha”, 10909 “M” Street, requesting a three week layover to January 8, 2013 – see attached. # 1672 – From Chair on File - 9 - CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 19 through 30 were held on December 11, 2012.) CONSENT AGENDA – ORDINANCES 19. Ord. approving an Interlocal Agreement between the City of Omaha and Papio- Missouri River Natural Resource District (PMRNRD) involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Omaha and the PMRNRD will participate in a project for establishment, ownership and maintenance of the proposed Damsite 15 -A and related structures, located approximately northwest of 168th and Fort Streets; to authorize the Finance Department to pay t he specific cost shares of Parks, Recreation and Public Property and the Public Works Departments to the PMRNRD from the respective Departmental funds according to the disbursement terms contained within the Agreement; and to provide an effective date here of – see attached. (See Doc. # 1592 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. CCID # 1592 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39537 – PASSED 7-0 20. Ord. authorizing the issuance of a purchase order to Riverside Technologies, Inc. for a 3-year lease of 37 computers to be utilized by the Quality Control Division in the amount of $15,967.80; to provide for payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments from a specific account; and to provide an effective date hereof – see attached. (See Doc. # 1593 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. - 10 - CCID # 1593 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39538 – PASSED 7-0 21. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and the North Omaha Senior Cottages Limited Partnership, a Nebraska limited partnership to implement The North Omaha Senior Cottages Phase I Tax Increment Financing (TIF) Redevelopment Project Plan at the project site located at 5345 St. Richards Plaza, which is part of the redevelopment at the St. Richard’s Campus; the plan proposes the new construction of 12, two-bedroom duplexes (24 units/cottages) for seniors on the north side of the campus; the agreement authorizes the use of up to $276,256.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date – see attached. (See Doc. # 1598 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. CCID # 1598 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39539 – PASSED 7-0 22. Ord. to approve and authorize payment from the City of Omaha to HP Financial Services, as assignee of payments, of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide for payment from a certain account to HP Financial Services, as assignee of payments, for a lease agreement as bid by Riverside Technologies, Inc, extended over a three-year period in the amount of $16,625.10 commencing upon the passage of this ordinance for one (1) HP Designjet T1200 HD Multifunction Printer CQ653A#B1K for the Om aha Planning Department of the City of Omaha; and to provide an effective date hereof – see attached. (See Doc. # 1594 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. CCID # 1594 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39540 – PASSED 7-0 - 11 - 23. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a new Class “B” Flammable Liquids Storage District to be known as District No. B - 178 at 508 ConAgra Drive as requested by Keith P. Bednarowski for Omaha Real Estate Investment Partnership II, LLC; and to provide the effective date hereof – see attached. (See Doc. # 1595 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. CCID # 1595 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39541 – PASSED 7-0 24. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Assistant Director-Human Rights and Relations Department with a salary range of 26 AEC ($78,943 - $96,343); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 1596 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. CCID # 1596 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39542 – PASSED 7-0 25. Ord. to amend Section 23 - 177 of the Omaha Municipal Code by changing the title of the employment classification known as Parks, Recreation, and Public Property Administrator to Assistant Director – Parks, Recreation, and Public Property without changing the salary range for the classification of 25AEC ($76,387 - $92,449); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 1597 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. - 12 - CCID # 1597 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39543 – PASSED 7-0 26. Ord. to accept the bid and authorize payments to ZOLL Medical Corporation for the purchase of a five-year Extended Warranty Contract which also includes a five-year preventive maintenance agreement for eighteen (18) ZOLL Defibrillators in the amount of ninety-two thousand three hundred four dollars ($92,304); this Extended Warranty Contract is for the benefit of the City of Omaha Fire Department and involves appropriations of more than one year in accordance with section 5.17 of the Home Rule Charter of the City of Omaha, 1956 as amended; to authorize the Finance Department to make payment with the specified accounts and to provide an effective date hereof – see attached. (See Doc. # 1600 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. CCID # 1600 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39544 – PASSED 7-0 27. Ord. to amend Sec. 18-3 of the Omaha Municipal Code entitled “Illustrative enumeration” to include the outdoor placement of discarded indoor furniture, appliances and/or mattresses as a nuisance; repealing Sec. 18 -3 as heretofore existing; and providing for the effective date hereof – see attached. (See Doc. # 1601 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. CCID # 1601 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39545 – PASSED 7-0 (a) Communication opposing the ordinance to amend 18 -3 entitled “Illustrative enumeration” – see attached. # 1601 – From Chair on File - 13 - 28. Ord. approving a Tax Increment Financing Redevelopment loan agreement between the City of Omaha and The Gavilon Group, LLC, a Delaware limited liability company to implement The Gavilon Group, LLC Tax Increment Financing (TIF) Redevelopment Project Plan for the development of the Corporate Headquarters facilities project site located at 1334 Dodge Street; the Agreement contemplates the construction of a 131,225 square foot office building complete with 205 structured parking stalls with the City’s participation through the allocation of $3,942,000.00 plus accrued capitalized interest for the term redevelopment loan in excess ad valorem taxes (TIF) generated by the development to help fund the TIF eligible costs of the project, including an allocation of $20,000.00 to the Downtown Improvement Fund; and providing for an effective date – see attached. (See Doc. # 1617 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. CCID # 1617 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39546 – PASSED 7-0 29. Ord. to amend Omaha Municipal Code Sec. 19 -34 to modify the occupation tax for short term automobile rentals; to repeal Sec. 19-34 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 1618 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. CCID # 1618 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39547 – PASSED 7-0 - 14 - AGENDA ITEM NO. 30 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER STOTHERT 30. Ord. to approve the Collective Bargaining Agreement between the City of Omaha and the Professional Firefighters Association of Omaha, Local No. 385; AFL- CIO-CLC for a term of December 26, 2010 to December 20, 2014; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with the provisions of the Collective B argaining Agreement shall not be applicable to those employees in the bargaining unit described in Article 1, Section 1, of said Collective Bargaining Agreement; and to provide the effective date thereof – see attached. ((PUBLIC HEARING HELD 12/11/12 – CAN BE PASSED TODAY)) (See Doc. # 1575 –December 4 and December 11 Meetings) Notice of public hearing on December 11, 2012 published in the Daily Record on December 7, 2012. Ordinance passed December 18, 2012 published in the Daily Record on December 26, 2012. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Mark McQueen, Baird Holm Law Firm, negotiator on behalf of the City of Omaha For the City: Paul Kratz, City Attorney Bernard in den Bosch, Assistant City Attorney CCID # 1575 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Festersen, Mr. President Nay: Thompson ORDINANCE # 39548 – PASSED 6-1 (a) Actuarial Analysis of the Pension Provisions of the Omaha Professional Firefighters 2012 Tentative Agreement – over from 12/11/12 – see attached. (See Doc. # 1575 – December 4 and December 11 Meetings) # 1575 – From Chair on File (b) Document submitted by Cavanaugh Macdonald Consulting, LLC re: the Impact of the 2012 Fire Tentative Agreement – over from 12/11/12 – see attached. (See Doc. # 1575 – December 11 Meeting) # 1575 – From Chair on File - 15 - c) Document submitted re: the ordinance to approve the Collective Bargaining Agreement between the City of Omaha and the Professional Firefighters Association of Omaha, Local No. 385 – see attached. # 1575 – From Chair on File ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 31 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.) CONSENT AGENDA – RESOLUTIONS 31. Res. that, Councilmembers Garry Gernandt, Jean Stothert, and Franklin Thompson shall assess damages, if any, to owners and parties affected by the vacation of the east/west alleys between Burt and Cuming Streets from 18th Street to Florence Boulevard and from Florence Boulevard to 20 th Street – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1651 – ADOPTED 7-0 32. Res. that, as recommended by the Mayor, the Professional Services Agreement with Olsson Associates for design services on Project OPW 51777, being the Saddle Creek Area – 55th Street to 64th Street (Bohemian Cemetery) Sewer Separation, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $79,440.00 for these professional services from the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918, year 2012 expenditure; Sewer Revenue Bonds will be issued to finance this project – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1652 – ADOPTED 7-0 - 16 - 33. Res. that, as recommended by the Mayor, Amendment No. 2 to the Engineering Agreement with Olsson Associates to provide professional engineering services for the separation of sewers in the Saddle Creek Area – 55th Street to 64th Street (Bohemian Cemetery) Sewer Separation project, known as Project OPW 51777, is hereby approved; further that the Finance Department is authorized to pay the additional fee not to exceed $118,110.00 for these engineering services from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1653 – ADOPTED 7-0 34. Res. that, as recommended by the Mayor, Amendment No. 1 to the Engineering Services Agreement with Snyder & Associates, Inc. for the provision of additional preliminary engineering services on OPW 52344, being the Dundee Business District Streetscape Improvement Project, is hereby approved; and that, the Finance Department is authorized to pay the additional fee not to exceed $34,994.00 for these engineering services from the 2010 Transportation Bond Fund 13183, Capital Grants – Transportation Organization 132044 – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1654 – ADOPTED 7-0 35. Res. that, as recommended by the Mayor, the Professional Services Agreement with JEO Consulting Group, Inc. for design services on Project OPW 52404, being the Omaha Citywide Lift Station Upgrades, for various lift station locations around the City, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $99,993.25 for these professional services from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913, year 2012 expenditure; Sewer Revenue Bonds will be issued to finance this project – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1655 – ADOPTED 7-0 - 17 - 36. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Ehrhart Griffin & Associates, in the total amount of $45,710.00, to provide professional design and engineering services to prepare plans and specifications for the extension of the Turner Boulevard Trail, from the north side of Dodge Street to Cuming Street and to make improvements to the sidewalks and bike lanes on Burt Street and Mike Fahey Street from North 30th Street to North 16th Street, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation 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: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1656 – ADOPTED 7-0 37. Res. that, the attached Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $43,600.00 for the rehabilitation and lead reduction work, when applicable, to the property owned and occupied by Angelina L. Rivero, located at 1114 South 27 th Street, Omaha, NE 68105, is hereby approved. The contract is to be awarded to White’s Construction. Funds in the amount of $2,000.00 shall be paid from the NAHTF Program Fund, NAHT F Award No. 10-TFHO-7065, Fund No. 12141, Org. No. 12801 and $41,600.00 from the CDBG Program, Fund No. 12186, Organization No. 129114 – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1657 – ADOPTED 7-0 38. Res. that, the attached Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $30,000.00 for the rehabilitation and lead reduction work, when applicable, to the property owned and occupied by Josefina Martinez De Olvera, located at 1117 South 27th Street, Omaha, NE 68105, is hereby approved. The contract is to be awarded to Rife Construction Inc. Funds in the amount of $6,016.00 shall be paid from the NAHTF Program Fund, NAHTF Award No. 10-TFHO-7065, Fund No. 12141, Org. No. 12801 and $23,984.00 from the CDBG Program, Fund No. 12186, Organization No. 129114 – see attached. - 18 - Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1658 – ADOPTED 7-0 39. Res. that, as recommended by the Mayor, the issuance of a purchase order to Jones Automotive, Inc. to install the printer mounts and cabling for the E -Citation (electronic citations) project, with prices not to exceed $315.00 per install and a total not to exceed $24,255.00, for the Omaha Police Department is hereby approved, and that the Finance Department of the City of Omaha is authorized to pay the cost of the installs from Fiscal Year 2012, General Fund 11111, Organization 113213 Information Technology, Account 42411 Maintenance Contracts – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1659 – ADOPTED 7-0 40. Res. that, as recommended by the Mayor, the contracts between the City of Omaha and Building Bright Futures in the amount of $300,000 for the implementation of Truancy Prevention Programs from January 1, 2013 to December 31, 2013, and incorporated herein by this reference, and funding of such projects in the total amount of $300,000, is hereby approved. Further that, the Finance Director is authorized to provide payment of $300,000.00 from Omaha/Keno Lottery Fund 12118, Organization 126057 in accordance with the contract terms – see attached. Pam Spaccarotella, Finance Director, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1663 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 19 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 25, 2012 AND JANUARY 1, 2013 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 41 THROUGH 43 SHALL BE HELD ON JANUARY 8, 2013” ZONING ORDINANCES ON SECOND READING 41. Ord. to rezone the properties located at 1029 and 1031 South 30th Avenue from R7- Medium- Density Multiple-Family Residential District to R5- Urban Family Residential District. (See Doc. # 1622 – December 11 Meeting) CCID # 1622 – ORDINANCE ON SECOND READING – Final reading to be held on January 8, 2013 pursuant to City Council Rule VII H. 42. Ord. to rezone the properties located at 3023 & 3025 Leavenworth Street from GI- General Industrial District to CC- Community Commercial District. (See Doc. # 1623 – December 11 Meeting) CCID # 1623 – ORDINANCE ON SECOND READING – Final reading to be held on January 8, 2013 pursuant to City Council Rule VII H. 43. Ord. to amend the boundaries of the ACI-1(PL) district of the Area of Civic Importance Overlay District, to incorporate into that district the properties located at 3023 and 3025 Leavenworth Street; and to provide for an effective date – see attached. (See Doc. # 1624 – December 11 Meeting) CCID # 1624 – ORDINANCE ON SECOND READING – Final reading to be held on January 8, 2013 pursuant to City Council Rule VII H. * * * * * * * * * * * * * - 20 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 25, 2012 AND JANUARY 1, 2013 THE THIRD READING ON AGENDA ITEM NOS. 44 THROUGH 48 SHALL BE HELD ON JANUARY 8, 2013” ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCES ON SECOND READING 44. Ord. providing for the transfer of a permanent right-of-way easement to Omaha Public Power District, running roughly parallel to Pipal Park, 7802 Hascall Street, with rights of ingress and egress thereto, to survey, erect, construct, reconstruct, relocate, add to, maintain, install, operate, repair, replace, relocate, and renew its overhead electric facilities over, upon, above, along and across the following described real estate: The West Fifteen Acres (W 15 AC) of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) EXCEPT for the irregular North 17965.7 Square Feet taken for Center Street Right-of-Way, Section Thirty- Five (35), Township 15 North, Range 12 East of the 6th P.M., Douglas County, Nebraska; to authorize the Mayor to execute the attached permanent easemen t; and to provide an effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1625 – December 11 Meeting) CCID # 1625 – Public hearing was held today – Final reading set for January 8, 2013 pursuant to City Council Rule VII H. 45. Ord. to approve an Agreement between the City of Omaha and the Kansas City Series of Lockton Companies (hereinafter “Lockton”) to provide broker services to the City of Omaha for one year with an option to extend said Agreement for an additional year, up to three years, for the purposes of procuring insurance for various City properties with no expenditure of City funds for said broker services; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1637 – December 11 Meeting) Al Herink, Finance Department, appeared and spoke. CCID # 1637 – Public hearing was held today – Final reading set for January 8, 2013 pursuant to City Council Rule VII H. - 21 - 46. Ord. to amend section 15-44 of the Omaha Municipal Code to allow a retail liquor licensee 60 days to file an application for approval of a new manager; to repeal the section as previously existing; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1634 – December 11 Meeting) CCID # 1634 – Public hearing was held today – Final reading set for January 8, 2013 pursuant to City Council Rule VII H. 47. Ord. to amend Omaha Municipal Code Sec. 48-112 and to add a new Article IX to Chapter 18 entitled “Solid Waste Containers”; to move the existing regulations regarding solid waste containers from Chapter 48 to Chapter 18; to provide for neighborhood notices of appeals; to repeal Sec. 48 -112 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1626 – December 11 Meeting) CCID # 1626 – Public hearing was held today – Final reading set for January 8, 2013 pursuant to City Council Rule VII H. 48. Spec. Ord. approving the Omaha Downtown Improvement District Association 2013/2014 W ork Plan and Budget, which includes the 2012/2013 Progress Report, Stakeholder Engagement and Research, and 2013/2014 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 $366,566.63; such assessment shall cover the costs anticipated by the Business Improvement District for March 2013 to February 2014 and contemplated 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. # 1631 – December 11 Meeting) CCID # 1631 – Public hearing was held today – Final reading set for January 8, 2013 pursuant to City Council Rule VII H. * * * * * * * * * * * * * - 22 - AFTER-HOURS DANCE PERMITS 49. Res. that the application of Omaha Mining Company for the issuance of an after - hours dance permit at 1715 Leavenworth Street be and hereby is approved – over from 12/4/12 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1603 – December 4 Meeting) Motion by Jerram that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1603 – ADOPTED 7-0 50. Res. that the application of 10th & Capitol, Inc. for the issuance of an after-hours dance permit at 1011 Capitol Avenue be and hereby is approved – over from 12/4/12 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1616 – December 4 Meeting) Sean Kelley, Attorney for the applicant, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Stothert, Thompson, Festersen, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gernandt, Gray, Stothert, Thompson, Festersen, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 1616 – ADOPTED 6-0-1 pass - 23 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 25, 2012 AND JANUARY 1, 2013 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 51 THROUGH 53 SHALL BE HELD ON JANUARY 8, 2013” ORDINANCES ON FIRST READING 51. Ord. to accept the bid from Alamar Uniforms to enter into a two -year price agreement for ballistic vests with the option for two one-year extensions at the sole discretion of the City of Omaha, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide firm price commitments on ballistic vests for the first two years, which are to be provided the Omaha Police Department on an as needed basis, with unit prices specifically determined by the bid, but the exact costs are indeterminate depending on the number of purchases made, and anticipated to be approximately $422,820.00 for 783 vests over the four-year period; and to provide the effective date hereof – see attached. CCID # 1660 – Publication to be made and public hearing to be held on January 8, 2013 pursuant to City Council Rule VII H. 52. 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. 2013-01 – see attached. CCID # 1661 – Publication to be made and public hearing to be held on January 8, 2013 pursuant to City Council Rule VII H. 53. 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. 2013-03 – see attached. CCID # 1662 – Publication to be made and public hearing to be held on January 8, 2013 pursuant to City Council Rule VII H. * * * * * * * * * * * * * - 24 - EXECUTIVE SESSION 54. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. CITY CLERK REPORTS PLANS OF ASSESSMENT RECEIVED FOR BOARD OF EQUALIZATION MEETING TO BE HELD JANUARY 8, 2013 AT 1:00 O’CLOCK P.M. SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR DECEMBER 18, 2012 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED DECEMBER 17, 2012 AT 11:00 A.M. ADDITIONAL RESOLUTIONS 55. Res. that the appointment by the Honorable Jim Suttle of Dwayne R. Brown, owner and operator of Slate Architecture at 3624 Farnam Street, to be a member of the Blackstone Business Improvement Board to serve a one-year term commencing upon December 18, 2012, and expiring on December 17, 2013, is hereby confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Dwayne Brown, 3624 Farnam Street, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1664 – ADOPTED 7-0 56. Res. that the appointment by the Honorable Jim Suttle of James F. Farho, owner of property at 3722 Dewey Avenue, to be a member of the Blackstone Business Improvement Board to serve a three-year term commencing upon December 18, 2012, and expiring on December 17, 2015, is hereby confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1665 – ADOPTED 7-0 - 25 - 57. Res. that the appointment by the Honorable Jim Suttle of Donald E. Futrell, the Executive Director – Facilities Management of University of Nebraska Medical Center which is the owner of space in the District, to be a member of the Blackstone Business Improvement Board to serve a three-year term commencing upon December 18, 2012, and expiring on December 17, 2015, is hereby confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Donald Futrell, representing University of Nebraska Medical Center, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1666 – ADOPTED 7-0 58. Res. that the appointment by the Honorable Jim Suttle of Dan L. Godsey, owner of property at 3920 Farnam Street, to be a member of the Blackstone Business Improvement Board to serve a one -year term commencing upon December 18, 2012, and expiring on December 17, 2013, is hereby confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Dan Godsey, 3920 Farnam Street, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1667 – ADOPTED 7-0 59. Res. that the appointment by the Honorable Jim Suttle of Dan J. Houlihan, owner and operator of Sullivan’s Bar located at 3926 Farnam Street, to be a member of the Blackstone Business Improvement Board to serve a two -year term commencing upon December 18, 2012, and expiring on December 17, 2014, is hereby confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Dan Houlihan, 3926 Farnam Street, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1668 – ADOPTED 7-0 - 26 - 60. Res. that the appointment by the Honorable Jim Suttle of Bradley W. Iwen, owner and operator of Iwen Exposures Photography located at 3925 Farnam Street, to be a member of the Blackstone Business Improvement Board to serve a two - year term commencing upon December 18, 2012, and expiring on December 17, 2014, is hereby confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1669 – ADOPTED 7-0 61. Res. that that the appointment by the Honorable Jim Suttle of Jay P. Lund of the Lund Company which is an owner of property at 3928 Farnam Street, to be a member of the Blackstone Business Improvement Board to serve a two -year term commencing upon December 18, 2012, and expiring on December 17, 2014, is hereby confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Jay Lund, 3928 Farnam Street, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1670 – ADOPTED 7-0 62. Res. that the appointment by the Honorable Jim Suttle of Rhonda M. Stuberg, resident and owner of property at 3708 Farnam Street, to be a member of the Blackstone Business Improvement Board to serve a three-year term commencing upon December 18, 2012, and expiring on December 17, 2015, is hereby confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Res # 1671 – ADOPTED 7-0 * * * * * * * * * * * * * - 27 - Motion by Gray that the meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 ADJOURNED: 3:49 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on December 18th, 2012. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 19th DAY OF DECEMBER, 2012.