Loading...
2012-01-10j1st REGULAR OMAHA CITY COUNCIL MEETING JANUARY 10, 2012 THE CITY COUNCIL met in Regular Session on Tuesday, January 10, 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 # 1 – Present: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Jean Stothert of District No. 5. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on January 6, 2012, notice re: Pre-Council and Regular City Council Meetings, January 10, 2012. CCID # 2 – 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 - RESOLUTION RE: PRELIMINARY PLAT 5. Res. that the preliminary plat entitled KUM & GO AT 144 TH & Q, located Southeast of 144th and “Q” Streets, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 12/20/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1505 – December 20 Meeting) Katie Underwood, Olsson Associates, 2111 South 67th Street, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 1505 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of KUM & GO AT 144TH & Q, located Southeast of 144th and “Q” Streets – Inside City – over from 12/20/11 – see attached. (See Doc. # 1505 – December 20 Meeting) # 1505 – From Chair on File SPECIAL USE PERMIT – RESTAURANT (LIMITED AND DRIVE-THRU) 6. Res. that the Special Use Permit application submitted by Northwoods Coffee Company d/b/a Fox Hollow Coffee for a Major Amendment to a Special Use Permit to allow Restaurant (limited and drive-thru) in an R7/PUD District, located at 1919 Papillion Parkway, 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 12/13/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1484 – December 13 Meeting) Kylan Block, Owner, Fox Hollow Coffee, 1919 Papillion Parkway, appeared and spoke. - 3 - Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 1484 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of Northwoods Coffee Company d/b/a Fox Hollow Coffee for a Major Amendment to a Special Use Permit to allow Restaurant (limited and drive-thru) in an R7/PUD District, located at 1919 Papillion Parkway – over from 12/13/11 – see attached. (See Doc. # 1484 – December 13 Meeting) # 1484 – From Chair on File LIQUOR 7. CLASS “C” – BMC-69, LLC, dba “Grover Inn”, 3505 South 42 nd Street. New application, Old location. Present licensee is Zimmerer, Inc., dba “Grover Inn”, 3505 South 42nd Street, 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)) Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. Motion by Gray that the Resolution to DENY be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 11 – ADOPTED 6-0-1 Pass 8. CLASS “C” – French Bulldog, LLC, dba “The French Bulldog”, 5003 Underwood Avenue. New application, New location. Property posted: 12 -28-11; Notification sent: 12-30-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Robb Gage, Attorney for the applicant, appeared and spoke. - 4 - Motion by Festersen that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 12 – ADOPTED 7-0 9. CLASS “C” – Nomad Lounge, LLC, dba “Nomad Lounge”, 1013 Jones Street. New application, Old location. CHANGE OF STOCKHOLDERS – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) CCID # 13 – Motion by Gray that the application be laid over two weeks to January 24, 2012 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communication from Luke Alexander, Officer of Nomad Lounge, LLC, dba “Nomad Lounge”, 1013 Jones Street, for a Class “C” Liquor License, requesting a two (2) week layover – see attached. # 13 – From Chair on File 10. CLASS “C” – Todorovich Management Company, dba “Starsky’s”, 7812 “F” Street. New application, Old location. Present licensee is KNJ, Inc., dba “Strokers Sports Bar & Grill”, 7812 “F” Street, 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)) Kristi Todorovich, 709 Fenwick Street, Papillion, NE, appeared and spoke. Motion by Stothert that the Resolution to GRANT be adopted contingent upon Kristi Todorovich taking a certified liquor management class Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 14 – ADOPTED 7-0 11. Parliament Pub Midtown, Inc., dba “Parliament Pub Midtown”, 120 South 31 st Avenue, Suite 5103, requests permission for a Change of Location of their present Class “C” Liquor License to 1212 Harney Street. Property posted: 12 - 28-11; Notification sent: 12-30-11 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) - 5 - Mike Miller, General Manager, Parliament Pub, 11345 Jaynes Street, appeared and spoke. CCID # 15 – Application read Motion by Jerram that the request be APPROVED AS AMENDED contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communication from Tom Allisma, Officer of Parliament Pub Midtown, Inc., dba “Parliament Pub Midtown”, 120 South 31 st Avenue, Suite 5103, for a Change of Location to 1212 Harney Street of their present Class “C” Liquor License, requesting an amendment to add a patio area approx. 7’ x 54’ to the south – see attached. # 15 – Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 (b) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: Parliament Pub Midtown, Inc., dba “Parliament Pub Midtown”, 120 South 31 st Avenue, Suite 5103, for a Change of Location to 1212 Harney Street of their present Class “C” Liquor License location – see attached. # 15 – From Chair on File 12. Pauli’s, Inc., dba “The Recovery Room Bar and Grill”, 4016 Leavenworth Street, requests permission to appoint David J. Eckley manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. - 6 - CCID # 16 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass 13. Century-Omaha Hospitality, LLC, dba “Ramada Tropics Resort and Conference Center”, 3321 South 72nd Street, requests permission to appoint Kyle D. Hovermale manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Kyle Hovermale, 3321 South 72nd Street, appeared and spoke. CCID # 17 – Motion by Gernandt that the request be approved Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 14. Roja, LLC, dba “Roja Mexican Grill & Margarita Bar”, 17010 Wright Plaza, Suite 101, requests permission to appoint Heidi L. Dunning manager of their present Class “I” and Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Heidi Dunning, Bennington, NE, appeared and spoke. CCID # 18 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 - 7 - CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed. Items removed from the Consent Agenda shal l be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 15 through 16 were held on December 20, 2011.) CONSENT AGENDA – ORDINANCES 15. Ord. approving Amendment #2 to a Professional Services Agreement with Lovgren Marketing Group, originally approved by Ordinance No. 37925 on December 11, 2007, continuing to provide services as Public Involvement Facilitator for the Combined Sewer Overflow Project, involving 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 authorize the Finance Department to pay for the services as outlined in the amendment to the contract documents in an amount not to exceed $260,000.00 with an end date for the amended contract of December 31, 2013 – see attached. (See Doc. # 1493 –December 13 and December 20 Meetings) Notice of public hearing held December 20, 2011 published in the Daily Record on December 16, 2011. Ordinance passed on January 10, 2012 published in the Daily Record on January 18, 2012. CCID # 1493 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39210 – PASSED 7-0 16. Ord. to accept the bid from Alamar Uniforms with its principal place of business at 3105 Leavenworth Street, Omaha, Nebraska, 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 per item for two years, on Omaha Police Department standard uniform items, which are to be provided to members of the Omaha Police Department, although prices have been specifically determined by the bid, the exact costs are indeterminate and will vary depending on the p urchases, they are anticipated to be in the approximate area of, with the possibility of exceeding, the sum of $500,951.80, over the two year period; and to provide the effective date hereof – see attached. (See Doc. # 1490 –December 13 and December 20 Meetings) - 8 - Notice of public hearing held December 20, 2011 published in the Daily Record on December 16, 2011. Ordinance passed on January 10, 2012 published in the Daily Record on January 18, 2012. CCID # 1490 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39211 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 17 through 37 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 17. Res. that, as recommended by the Mayor, the contract with L. G. Roloff Construction Co., Inc. for OPW 50588 (RNC), being Country Club Sewer Separation Phase 2, in the amount of $4,747,613.93 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Sewer Revenue Fund 21124, Sewer Separation Organization 116912, year 2011 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 43 – ADOPTED 7-0 - 9 - 18. Res. that, as recommended by the Mayor, the City Council concurs with the bid award to Swain Construction, Inc. for Project MAPA-5009(4), State Control No. 22500, and OPW 52120, being Omaha Concrete Repair, Pkg. 3, in the amount of $1,110,054.58, with the City’s local share in the amount of $233,112 being paid from the 2006 Transportation Bond Fund 13182, 2011 Issue Transportation Bond Organization 117116, in accord with the approved program agreement with NDOR for the project; and that the City Council hereby authorizes the Mayor and City Clerk to sign the construction contract on behalf of the City of Omaha, and that the Mayor and City Clerk are also authorized to sign the attached NDOR documents – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 19 – ADOPTED 7-0 19. Res. that, as recommended by the Mayor, the Purchase Order to The Wells Resource LLC, for design work on OPW 52182, being the removal of the lift station located near 74th Street and Nina Street, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $42,335.00, plus a charge of $2.25 per linear foot for any additional CCTV services required up to a maximum of 2500 linear feet, which will be paid from the Sewer Revenue Improvements Fund 21124, C.A.R.P. Organization 116913, year 2011 expenditure – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 20 – ADOPTED 7-0 20. Res. that, as recommended by the Mayor, the contract with Commonwealth Electric Company for OPW 52190, being emergency vehicle pre -emption systems at various locations, in the amount of $111,240.21 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2006 Public Safety Fund 13297, Fire Capital Organization 114512, year 2011 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 21 – ADOPTED 7-0 - 10 - 21. Res. that, as recommended by the Mayor, Amendment No. 1 to the Engineering Agreement with George Butler Associates, Inc. for the provision of conceptual design and Phase 1 preliminary design services for the Cole Creek CSO 204 Sewer Separation, known as project OPW 51995, is hereby approved; and that, the Finance Department is authorized to pay the additional fee not to exceed $1,163,603 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. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 38 – ADOPTED 7-0 22. Res. that, as recommended by the Mayor, the Purchase Order to HDR Engineering, Inc., for design and bid phase services for the repair of the Burt Izard Pump Station, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $76,509.00, which will be paid from the Sewer Revenue Fund 21121, Missouri River WWTP Organization 116612, year 2011 expenditure – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 40 – ADOPTED 7-0 23. Res. that, as recommended by the Mayor, the Purchase Order to HDR Engineering, Inc., for design, bid and construction phase services for the repair of the perimeter wall at the south end of Lewis and Clark Landing a djacent to the I- 480 Bridge, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $88,668.00, which will be paid from the Sewer Revenue Fund 21121, Missouri River WWTP Organization 116612, year 2011 expenditure – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 39 – ADOPTED 7-0 - 11 - 24. Res. that, as recommended by the Mayor, the Task Order Agreement between the City of Omaha and HDR Engineering, Inc. for construction engineering services on Project MAPA-5103(14), State Control No. 22353, and OPW 50408, being the 10th Street Bridge Widening, Douglas to Farnam Streets, with a cost to the City of $80,252.00, which will be paid from the 2006 Transportation Bond Fund 13182, 2008 Issue Transportation Bond Organization 11711 3, is hereby approved; and that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 22 – ADOPTED 7-0 25. Res. that, as recommended by the Mayor, the Supplemental Agreement No. 2 between the City of Omaha and HNTB Corporation for construction engineering consultation and shop drawing review services on Project MAPA-5103(14), State Control No. 22353, and OPW 50408, being the 10th Street Bridge Widening, Douglas to Farnam Streets, with a cost to the City of $22,555.00, which will be paid from the 2006 Transportation Bond Fund 13182, 2008 Issue Transportation Bond Organization 117113, is hereby approved; and that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 41 – ADOPTED 7-0 26. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Cue’s, Inc. in the amount of $71,269.00 for retrofit of one existing televising van purchased from and manufactured by Cue’s, Inc.; and, that the Finance Department is authorized to pay this cost from the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year 2011 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 26 – ADOPTED 7-0 - 12 - 27. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Municipal Pipe Tool Co. for the purchase of two truck mounted high pressure sewer cleaners to be utilized by the Sewer Maintenance Division in the amount of $210,000; and, that the Finance Department is authorized to pay this cost from the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year 2011 expenditures in the amount of $105,000.00 and 2012 expenditures in the amount of $105,000.00 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 27 – ADOPTED 7-0 28. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Cornhusker International Trucks for the purchase of two 35,000 GVW Chassis & Cabs to be utilized by the Sewer Maintenance Division in the amount of $138,800.00; and that the Finance Department is authorized to pay this cost from the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year 2011 expenditures in the amount of $69,400.00 and year 2012 expenditures in the amount of $69,400.00 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 28 – ADOPTED 7-0 29. Res. that the Guidelines and Regulations for Driveway Location, Design and Construction previously adopted by the Omaha City Council on November 26, 1991 via Resolution number 2635 be replaced with the current version dated December, 2011 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 23 – ADOPTED 7-0 - 13 - 30. Res. that, as recommended by the Mayor, between 5:00 p.m. on Friday, January 13, 2012 and 8:30 a.m. on Saturday, January 14 2012, Mockingbird Hills Community Center, 10242 Mockingbird Drive, shall be open to accommodate the overnight event for the Therapeutic Recreation Program event – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 3 – ADOPTED 7-0 31. Res. that the attached Agreement between the City of Omaha and the National Safety Council, Greater Omaha Chapter, to provide for a program of public education regarding fireworks safety, be and the same hereby is approved; and the Finance Department is authorized to pay to the Safety Council up to $125,000.00 for such services, from Organization 126058, General Fund 11111, for the 2012 fiscal year – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 4 – ADOPTED 7-0 32. Res. that the appointment by the Mayor of Ronald Feuerbach as the mechanical engineer member of the Building Board of Review, to serve a three -year term, said term to commence on December 20, 2011, and expire on December 19, 2014, be and hereby is confirmed – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 5 – ADOPTED 7-0 - 14 - 33. Res. that the appointment by Mayor Jim Suttle of P.J. Morgan as a member of the Airport Authority Board to serve a five-year term, commencing on May 8, 2012, after confirmation by the City Council and expiring May 7, 2017, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 44 – ADOPTED 7-0 34. Res. that the appointment by Mayor Jim Suttle of William M. Theisen as a member of the MECA’s Board of Directors to serve a term effective on May 10, 2012, and running through May 9, 2017, is hereby confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 45 – ADOPTED 7-0 35. Res. that the appointment of Karen A. Watson as a Commissioner of the Omaha Housing Authority in accordance with the terms and conditions of the laws of the State of Nebraska and the City of Omaha, to serve the unexpired term of Joan Nigro commencing upon her confirmation by the City Council, and expiring May 20, 2012, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 46 – ADOPTED 7-0 36. Res. that the reappointment by Mayor Jim Suttle of Donovan N. Beery as a Commercial Artist/Design representative of the Public Art Commission, to serve a three-year term commencing January 10, 2012, and expiring three years thereafter, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 47 – ADOPTED 7-0 - 15 - 37. Res. that the reappointment by Mayor Jim Suttle of Anne M. Peterson as an at - large representative of the Public Art Commission, to serve a three -year term commencing January 12, 2012, and expiring three years thereafter, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 48 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCES ON FINAL READING 38. Ord. to adopt a new Sec. 36-150 of the Omaha Municipal Code; to prohibit the operation of carriages in the area of the College World Series, during the time period of that event; and to provide the effective date – see attached. ((PUBLIC HEARING HELD 12/6/11 – CAN BE PASSED TODAY)) (See Doc. # 1412 –November 22 and December 6 Meetings) Notice of public hearing held December 6, 2011 published in the Daily Record on November 25, 2011. CCID # 1412 – Motion by Jerram that the Ordinance be laid over seven weeks to February 28, 2012 Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communications opposing the ordinance to prohibit the operation of carriages in the area of the College World Series, during the time period of that event – over from 12/6/11 – see attached. (See Doc. # 1412 – December 6 Meeting) # 1412 – Over to 02/28/12 (b) Document submitted by Mark Donovan of Magical Journey Carriage Services re: the ordinance to prohibit the operation of carriages in the area of the College World Series, during the time period of that event – over from 12/6/11 – see attached. (See Doc. # 1412 – December 6 Meeting) # 1412 – Over to 02/28/12 - 16 - (c) Document submitted by Deputy Chief Todd R. Schmaderer, Uniform Patrol Bureau, Police Department, re: pedi-bike and carriage restrictions in the CWS Clean Zone – see attached. # 1412 – Over to 02/28/12 (d) Communication from Deputy Chief Todd Schmaderer, Police Department, requesting that the ordinance to prohibit the operation of carriages in the area of the College World Series be laid over seven weeks to February 28, 2012 – see attached. # 1412 – From Chair on File 39. Ord. (1) to approve (a) an Agreement between the City of Omaha and the Domestic Violence Coordinating Council in the amount of $95,000; (b) an Agreement between the City of Omaha and Heartland Family Services in the amount of $64,536; (c) an Agreement between the City of Omaha and the Women’s Center for Advancement in the amount of $92,464; (d) an Agreement between the City of Omaha and the Douglas County Board of Commissioners for the Douglas County Sheriff’s Office in the amount of $88,414; (e) an Agreement between the City of Omaha and the Douglas County Board of Commissioners for the Douglas County Attorney’s Office in the amount of $156,000; and (f) an agreement between the City of Omaha and the State of Nebraska, District #4 Probation Office in the amount of $36,000; and (2) to authorize funding for such agreements from the FY 2011 Grant to Encourage Arrest Policies and Enforcement of Protection Orders, #2010-WE-AX-0018, Fund 12152, Organization 130767; to provide funding to strengthen and coordinate Omaha's response to domestic violence; 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, to p rovide for the effective date hereof – see attached. ((PUBLIC HEARING HELD 12/20/11 – CAN BE PASSED TODAY)) (See Doc. # 1491 –December 13 and December 20 Meetings) Notice of public hearing held December 20, 2011 published in the Daily Record on December 16, 2011. Ordinance passed on January 10, 2012 published in the Daily Record on January 18, 2012. CCID # 1491 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39212 – PASSED 7-0 - 17 - RESOLUTION 40. Res. that the attached 18th and Locust Area Redevelopment Plan, prepared by the Omaha City Planning Department, be and hereby is ap proved as the Redevelopment Plan for the redevelopment area bounded by Locust Street on the north, the alley right-of-way between 16th and 18th Streets on the east, a line following existing property lines approximately 115 feet south of Corby Street on the south and 19th Avenue on the west, be and hereby is approved – over from 12/6/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1456 - December 6 Meeting) Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Res # 1456 – ADOPTED 7-0 “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NOS. 41 THROUGH 43 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” 41. Res. that the Amendment to the Alchemy Aksarben, LLC Tax Increment Financing Redevelopment Project Plan, located between 63rd Street & 64th Avenue, Shirley to Cedar Streets, to reduce the boundaries of the Plan area and to eliminate the construction of 20 townhomes and to reduce the TIF allocation from $2,196,000.00 to $1,546,000.00, as well as to approve the Georgetown Aksarben, LLC Tax Increment Financing Redevelopment Project Plan located at 6349 South Cedar Plaza which proposes the construction of 63 new market -rate apartment units and enclosed parking garage through the allocation of $650,000.00 of TIF to offset land cost, site development, architectura l, engineering, and site utilities which includes $10,000.00 of the TIF for public improvements within the Aksarben Village area, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – see attached. Notice of public hearing on January 31, 2012 published in the Daily Record and the Omaha World Herald on January 12, 2012 and January 19, 2012. CCID # 42 – Over three weeks to January 31, 2012 for publication and public hearing pursuant to City Council Rule VII F. - 18 - 42. Res. that the attached 8th Street Towns, LLC Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project site located at 8th and Pacific Streets contemplating the new construction of a 47-unit, market-rate apartment building consisting of mostly studios and 6 two-bedroom units in addition to on-site parking, recommending the City’s participation through the allocation of Tax Increment Financing (TIF) in an amount up to $490,000.00 to offset the costs of acquisition, site work, architectural and engineering, which includes $12,000.00 for public improvements, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – see attached. Notice of public hearing on January 31, 2012 published in the Daily Record and the Omaha World Herald on January 12, 2012 and January 19, 2012. CCID # 24 – Over three weeks to January 31, 2012 for publication and public hearing pursuant to City Council Rule VII F. 43. Res. that the attached Garage Lofts, LLC Tax Increment Financing Redevelopment Project Plan for the redevelopment project site located at 202 and 216 North 19th Street proposes to adaptively convert and reuse the garage structure to construct 32 loft-style apartment units for low-income housing, recommending the City’s participation through the allocation of Tax Increment Financing (TIF) in an amount up to $256,000.00 to offset the costs of acquisition, site work, demolition, rehabilitation costs, architectural and engineering, which includes $15,000.00 of TIF for public improvements, containing a provision for the division of ad valorem taxes under Section 18 -2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – see attached. Notice of public hearing on January 31, 2012 published in the Daily Record and the Omaha World Herald on January 12, 2012 and January 19, 2012. CCID # 25 – Over three weeks to January 31, 2012 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * - 19 - FINANCIAL STATEMENTS AND INDEPENDENT AUDITORS’ REPORTS 44. Metropolitan Entertainment & Convention Authority Financial Sta tements and Independent Auditor’s Report, June 30, 2011 and 2010 – see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) CCID # 6 – Motion by Gernandt to receive and place on file Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 45. Omaha Douglas Public Building Commission Financial Statements and Independent Auditor’s Report for the year ended June 30, 2011 – see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) CCID # 7 – Motion by Gray to receive and place on file Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JANUARY 17, 2012 THE THIRD READING ON AGENDA ITEM NOS. 46 THROUGH 51 SHALL BE HELD ON JANUARY 24, 2012” ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCES ON SECOND READING 46. Ord. authorizing the issuance of a purchase order to Alamar Uniform Co. for a 12 month price agreement for the purchase of uniforms for Street Maintenance and Sewer Maintenance Divisions; to provide for payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments from a specific account; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY )) (See Doc. # 1522 – December 20 Meeting) CCID # 1522 – Public hearing was held today – Final reading set for January 24, 2012 pursuant to City Council Rule VII H. - 20 - 47. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Livestock Commons, LLC, a Nebraska Lim ited Liability Company to implement the Livestock Commons, LLC, Tax Increment Financing (TIF) Redevelopment Project Plan located at 4910 and 4930 South 30th Street; the agreement proposes the construction of two, new four-story, mixed-use buildings; each building will include a clinic operated by OneWorld Community Health Centers, Inc. and affordable senior housing units; the agreement authorizes the use of $350,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of th e project; and providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1515 – December 20 Meeting) Bridget Hadley, Planning Department, appeared and spoke. CCID # 1515 – Public hearing was held today – Final reading set for January 24, 2012 pursuant to City Council Rule VII H. 48. Ord. to amend Sections 18-65, 18-66, 18-67, and 18-68 of the Omaha Municipal Code, and to adopt a new section 18-68.1; to modify requirements and procedures for the removal of graffiti; to repeal Sections 18-65, 18-66, 18-67, and 18-68 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO LAY OVER THIRD READING SEVEN WEEKS TO FEBRUARY 28, 2012 AND CONTINUE THE PUBLIC HEARING)) (See Doc. # 1516 – December 20 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: Bonnie Urbanek, 1017 South 30th Avenue For the City: Bob Stubbe, Public Works Director Paul Kratz, City Attorney CCID # 1516 – Motion by Gray that the Ordinance be laid over seven weeks to February 28, 2012 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communication from Council Vice President, Garry Gernandt, requesting that the third reading of the Ordinance to amend Sections 18-65, 18-66, 18-67 and 18-68 of the Omaha Municipal Code re: removal of graffiti, be laid over seven weeks to February 28, 2012 and continue the public hearing – see attached. # 1516 – From Chair on File - 21 - 49. 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: 2012-01 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1517 – December 20 Meeting) CCID # 1517 – Public hearing was held today – Final reading set for January 24, 2012 pursuant to City Council Rule VII H. 50. 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: 2012-02 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1518 – December 20 Meeting) CCID # 1518 – Public hearing was held today – Final reading set for January 24, 2012 pursuant to City Council Rule VII H. 51. 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: 2012-03 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1519 – December 20 Meeting) CCID # 1519 – Public hearing was held today – Final reading set for January 24, 2012 pursuant to City Council Rule VII H. * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JANUARY 17, 2012 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 52 THROUGH 56 SHALL BE HELD ON JANUARY 31, 2012” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 52. Ord. to rezone property located at 819 South 7th Street from HI/ACI-1(PL)-Heavy Industrial District/Area of Civic Importance Overlay to CBD/ACI-1(PL)-Central Business District/Area of Civic Importance Overlay. CCID # 29 – Publication to be made and public hearing and third reading to be held on January 31, 2012 pursuant to City Council Rule VII H. - 22 - (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 819 South 7th Street from HI/ACI-1(PL) to CBD/ACI-1(PL) – see attached. # 29 – Over to 01/31/12 53. Ord. to rezone property located Southwest of 8th and Pacific Streets from HI/ACI- 1(PL)-Heavy Industrial District with an Area of Civic Importance Overlay to R8/ACI-1(PL)-High-Density Multiple-Family Residential District with an Area of Civic Importance Overlay. CCID # 30 – Publication to be made and public hearing and third reading to be held on January 31, 2012 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 8th and Pacific Streets from HI/ACI-1(PL) to R8/ACI-1(PL) – see attached. # 30 – Over to 01/31/12 54. Ord. to approve a PUD-Planned Unit Development Overlay District in a R8/ACI- 1(PL)-High-Density Multiple-Family Residential District with an Area of Civic Importance Overlay located Southwest of 8th and Pacific Streets, to approve the Development Plan, and to provide for an effective date – see attached. CCID # 31 – Publication to be made and public hearing and third reading to be held on January 31, 2012 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request for a PUD-Planned Unit Development Overlay District in a R8/ACI-1(PL)-High-Density Multiple-Family Residential District with an Area of Civic Importance Overlay located Southwest of 8th and Pacific Streets – see attached. # 31 – Over to 01/31/12 - 23 - 55. Ord. to rezone the property located at 3454 Lake Street from CC-Community Commercial District to R7-Medium-Density Multiple-Family Residential District. CCID # 32 – Publication to be made and public hearing and third reading to be held on January 31, 2012 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 3454 Lake Street from CC to R7 – see attached. # 32 – Over to 01/31/12 ORDINANCE ON FIRST READING and Planning Board Attachment 56. Ord. to approve a Major Amendment to the Mixed Use District Development Agreement for West Dodge Station to allow for the development of an automobile dealership, located Northwest of 180th Street and West Dodge Road between the City of Omaha and Great Western Bank, as successor -in-interest to 180- Dodge, L.L.C., providing site development standards; and to provide for an effective date – see attached. CCID # 33 – Publication to be made and public hearing and third reading to be held on January 31, 2012 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a Major Amendment to the Mixed Use District Development Agreement for West Dodge Station to allow for the development of an automobile dealership, located Northwest of 180th Street and West Dodge Road – see attached. # 33 – Over to 01/31/12 * * * * * * * * * * * * * - 24 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JANUARY 17, 2012 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 57 THROUGH 63 SHALL BE HELD ON JANUARY 24, 2012” ORDINANCES ON FIRST READING 57. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 107th and Pacific Street Bridge Widening and Deck Replacement, also known as City Project No. OPW 51915 - SP, providing that the City negotiate with the prope rty owners for land acquisition, permanent easements and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. CCID # 35 – Publication to be made and public hearing to be held on January 24, 2012 pursuant to City Council Rule VII H. 58. Ord. to grant a permanent sewer easement to the adjoining property owner, South Pacific Storage, LLC, near 158 th and Pacific Street, for proper discharge of storm water for a development of indoor storage units; to authorize the Mayor to execute the attached permanent sewer easement and, providing for the effective date hereof – see attached. CCID # 36 – Publication to be made and public hearing to be held on January 24, 2012 pursuant to City Council Rule VII H. 59. Ord. declaring, pursuant to Neb. Rev. Stat., §14-374 (2007), the necessity of acquiring property by voluntary acquisition for use by the City of Omaha, certain properties eligible for acquisition under Federal regulations implementing the Neighborhood Stabilization Program, Community Development Block Grant and HOME Program for subsequent use as sites for implementing projects consistent with the Consolidated Submission for Community Planning and Development Programs; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title only; and to provide that project costs will be from the Neighborhood Stabilization Program, Fund 12198; Community Development Block Grant Program, Fund 12186; and HOME Program, Fund 12179; and to provide the effective date hereof – see attached. CCID # 37 – Publication to be made and public hearing to be held on January 24, 2012 pursuant to City Council Rule VII H. - 25 - 60. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for linear trail corridor purposes, specifically for the South Omaha Trail Phase 2 (formally known as the Keystone Trail East Connector Phase 2) from South 45th and Dayton Streets to the southern terminus of the Field Club Trail; providing that the City negotiate with the property owners for land acquisition, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and providing for the effective date hereof – see attached. CCID # 10 – Publication to be made and public hearing to be held on January 24, 2012 pursuant to City Council Rule VII H. 61. Ord. to approve and authorize payment from the City of Omaha to Payless Office Products, Inc. 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 to Payless Office Products, Inc. for office supplies for a base period contract of three years with one option period of 2 years, respectively, in the estimated sum of $400,000 per year – see attached. CCID # 8 – Publication to be made and public hearing to be held on January 24, 2012 pursuant to City Council Rule VII H. 62. Ord. to authorize the acceptance of the bid from Papillion Sanitation, 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; for rubbish container service at various Omaha Police Department facilities in the annual bid amount of $10,057.08; to provide firm price commitments for the first two years of the agreement and price escalators in the third year of the price agreement only in the event of, and in the amount of, landfill price increases; and to provide the effective date hereof – see attached. CCID # 9 – Publication to be made and public hearing to be held on January 24, 2012 pursuant to City Council Rule VII H. 63. Ord. to amend Omaha Municipal Code Sec. 33-49; to clarify times during which solid waste bags and containers may be placed on public right of way; to require that bags and containers be placed behind the front yard setback at all other times, unless otherwise authorized; to incorporate such requirements into the City’s Property Maintenance Code; to repeal Sec. 33-49 as heretofore existing; and to provide the effective date thereof – see attached. - 26 - CCID # 49 – Publication to be made and public hearing to be held on January 24, 2012 pursuant to City Council Rule VII H. * * * * * * * * * * * * * EXECUTIVE SESSION 64. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR JANUARY 10, 2012 LEGISLATIVE CHAMBERS – 2:00 P.M. - PREPARED JANUARY 9, 2012 AT 11:00 A.M. “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JANUARY 17, 2012 THE SECOND READING AND PUBLIC HEARING ON AGENDA ITEM NO. 65 SHALL BE HELD ON JANUARY 24, 2012” ADDITIONAL ORDINANCE ON FIRST READING 65. Ord. to approve the agreement from Ultimate Baseball Academy, LLC, to provide programming and management services for the City of Omaha’s softball facilities at Seymour Smith Complex, located at 69th & Harrison Streets, containing four (4) fields, and Kelley Complex, located at 124th & Fort Streets, containing eight (8) fields, from December 12, 2011, through December 31, 2016, with the City's right to extend this agreement for an additional five (5) year term, upon mutual agreement of the parties; and to provide the effective date hereof – see attached. CCID # 50 – Publication to be made and public hearing to be held on January 24, 2012 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * Motion by Gernandt that the meeting be adjourned Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 ADJOURNED: 2:48 P.M. - 27 - 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 January 10, 2012. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 12th DAY OF JANUARY, 2012, WITH THE EXCEPTION OF RESOLUTION NO. 19, WHICH WAS PRESENTED TO MAYOR JIM SUTTLE ON THE 10TH DAY OF JANUARY, 2012.