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2011-12-20j39th REGULAR OMAHA CITY COUNCIL MEETING DECEMBER 20, 2011 THE CITY COUNCIL met in Regular Session on Tuesday, December 20, 2011 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 # 1498 – Present: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Garry Gernandt of District No. 4. 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 16, 2011, notice re: Pre-Council and Regular City Council Meetings, December 20, 2011. CCID # 1499 – 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 ORDINANCE ON FINAL READING, and Planning Board Attachment 5. Ord. to rezone the properties located at 2008, 2010, 2014, 2016 and 2020 North 25th Street; 2502, 2504, 2504 ½ , 2506, 2507 and 2508 Patrick Avenue; 2502, 2504, 2506 and 2508 Blondo Street from R7 -Medium-Density Multiple-Family Residential District to R4-Single Family Residential District (High-Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1458 –December 6 and December 13 Meetings) Notice of public hearing held December 20, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1458 – Motion by Gernandt that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39193 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone properties located at 2008, 2010, 2014, 2016 and 2020 North 25th Street; 2502, 2504, 2504 ½ , 2506, 2507 and 2508 Patrick Avenue; 2502, 2504, 2506 and 2508 Bl ondo Street from R7 to R4 – see attached. (See Doc. # 1458 – December 6 Meeting) # 1458 – From Chair on File ORDINANCES ON FINAL READING and Planning Board Attachments 6. Ord. vacating a 5,474 square foot portion of 78th Street right-of-way south of West Center Road in the City of Omaha and providing the effective date hereof – over from 12/6/11 - see attached. ((PUBLIC HEARINGS HELD 11/22/11 AND 12/6/11 – CAN BE PASSED TODAY)) (See Doc. # 1347 –November 8, November 22 and December 6 Meetings) Notice of public hearing held November 22, 2011 published in the Daily Record on November 11, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. Paul Kratz, City Attorney, appeared and spoke. CCID # 1347 – Ordinance read Motion by Gernandt that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Festersen, Gernandt, Gray, Mr. President Nay: Thompson ORDINANCE # 39194 – PASSED 6-1 - 3 - (a) Planning Board and Planning Department recommend approval of the vacation of a 5,474 square foot portion of 78th Street right-of- way south of West Center Road – Inside City – over from 12/6/11 – see attached. (See Doc. # 1347 – November 8, November 22 and December 6 Meetings) # 1347 – From Chair on File (b) Communication from Warren R. Whitted Jr., Attorney representing the applicant, re: the ordinance vacating a 5,474 square foot portion of 78th Street right-of-way south of West Center Road – over from 12/6/11 – see attached. (See Doc. # 1347 – November 22 and December 6 Meetings) # 1347 – From Chair on File (c) Amendment requested by Councilmember Thompson – see attached. # 1347 – Motion by Thompson that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Thompson, Festersen Nays: Jerram, Stothert, Gernandt Gray, Mr.President Motion LOST 2-5 7. Ord. to approve a Major Amendment to the Mixed Use District Development Agreement for Elk Creek Pines to allow Automotive repair services, located at 3837 North 168th Street between the City of Omaha and Elk Creek Pines, providing site development standards; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1459 –December 6 and December 13 Meetings) Notice of public hearing held December 20, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1459 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39195 – PASSED 7-0 - 4 - (a) Planning Board and Planning Department recommend approval of a Major Amendment to the Mixed Use District Development Agreement for Elk Creek Pines to allow Automotive repair services, located at 3837 North 168th Street – see attached. (See Doc. # 1459 – December 6 Meeting) # 1459 – From Chair on File 8. Ord. to approve a Major Amendment to the Mixed Use District Development Agreement for Ridgeview to allow for the development of an apartment complex, located southwest of 185th Street and West Center Road between the City of Omaha and Jason Lanoha, providing site development standards; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1460 –December 6 and December 13 Meetings) Notice of public hearing held December 20, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. Jason Lanoha, Lanoha Real Estate Company, 19111 West Center Road, appeared and spoke. CCID # 1460 – Motion by Gernandt that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39196 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a Major Amendment to the Mixed Use District Development Agreement for Ridgeview to allow for the development of an apartment complex, located southwest of 185th Street and West Center Road – see attached. (See Doc. # 1460 – December 6 Meeting) # 1460 – From Chair on File - 5 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 27, 2011 AND JANUARY 3, 2012 AGENDA ITEM NO. 9 SHALL BE LAID OVER THREE WEEKS TO JANUARY 10, 2012 FOR PUBLICATION AND PUBLIC HEARING” RESOLUTION RE: PRELIMINARY PLAT 9. 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 – see attached. Notice of public hearing on January 10, 2012 published in the Daily Record on December 23, 2011. CCID # 1505 – Over three weeks to January 10, 2012 for publication and public hearing pursuant to City Council Rule VII H. (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 – see attached. # 1505 – Over to 01/10/12 * * * * * * * * * * * * * * LIQUOR 10. CLASS “C” – ACR Corporation, dba “The Beercade”, 6102 Maple Street, New application, New location. Property posted: 12-07-11; Notification sent: 12-09- 11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) John Larkin, representing ACR Corporation, dba “The Beercade ”, 6102 Maple Street, appeared and spoke. Motion by Festersen that the Resolution to GRANT be adopted contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1500 – ADOPTED 7-0 - 6 - (a) 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: ACR Corporation, dba “The Beercade”, 6102 Maple Street for a Class “C” Liquor License – see attached. # 1500 – From Chair on File 11. CLASS “I” – Ultimate Dining, LLC, dba “Silk Road”, 681 North 132nd Street. New application, New location. Property posted: 12-07-11; Notification sent: 12-09- 11 – 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: Jerry Nielson, Manager, Silk Road, 681 North 132nd Street See Yeung, 415 North 118th Plaza, #4 Motion by Festersen that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Festersen, Gray Nays: Jerram, Stothert, Thompson, Gernandt, Mr. President CCID # 1501 – Motion Lost 2-5 12. McBrun, LLC, dba “The Eclipse Tavern”, 1201 South 157th Street, requests permission for an addition to their present Class “C” Liquor License location of a sidewalk café approx. 20’ x 9’ to the north. Property posted: 11 -18-11; Notification sent: 12-09-11 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Keith Price, representing Eclipse Tavern, 321 North 153rd Circle, appeared and spoke. CCID # 1502 – Motion by Gray that the request be approved with a waiver of the beer garden fence requirement and contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 - 7 - (a) Communication from Karen Huebner, Owner of McBrun, LLC, dba “The Eclipse Tavern”, 1201 South 157th Street, requesting a waiver of the beer garden fencing requirement – see attached. # 1502 – From Chair on File (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: McBrun, LLC, dba “Eclipse Tavern”, 1201 South 157th Street for an addition to their present Class “C” Liquor License location – see attached. # 1502 – From Chair on File 13. RT Omaha Franchise, LLC, dba “Ruby Tuesday”, 16831 Lakeside Hills Plaza, requests permission to appoint Candy M. Jones manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Candy Jones, Manager, Ruby Tuesday, 16831 Lakeside Hills Plaza, appeared and spoke. CCID # 1503 – Motion by Thompson that the request be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 14. Wadsworth Old Chicago, Inc., dba “Old Chicago”, 13110 Birch Drive, requests permission to appoint Brian T. Hill manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Brian Hill, Manager, Old Chicago, 13110 Birch Drive, appeared and spoke. CCID # 1504 – Motion by Thompson that the request be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 - 8 - 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 shall 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 25 were held on December 13, 2011.) CONSENT AGENDA – ORDINANCES 15. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of re-constructing 102nd and West Maple Streets, project identified as OPW 51643, Federal Project No. HSIP-5015 (1), C.N. 22372; providing that the City negotiate with the property owners for land acquisitions, 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. (See Doc. # 1461 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1461 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39197 – PASSED 7-0 16. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of re-constructing 108th Street, “L” to “M” Streets, project identified as OPW 51430, Federal Project No. HSIP-5011 (12), C.N. 22378; 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. (See Doc. # 1462 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. - 9 - CCID # 1462 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39198 – PASSED 7-0 17. Ord. to accept the bids from Navarro Lawn & Landscape, Nebraska Best , and Reese Enterprises for grounds maintenance mowing of City rights -of-way based on bids received on October 19, 2011. Contractors were able to submit bids for individual areas and each area was considered separately. Street Maintenance is recommending award be made as detailed in the attached Inter-office Memo dated November 9, 2011. This price agreement will be in effect until October 31, 2013; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; and to provide an effective date hereof – see attached. (See Doc. # 1463 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1463 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39199 – PASSED 7-0 18. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 3322 Blondo Street and 3361 ½ Patrick Avenue, and legally described in the attached purchase agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2011 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Bettie Williams, to acquire the property for the sum of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) is approved; project costs will be paid from FY 2011 HOME Match Funds, Fund 11111, Organization No. 109023; and to provide the effec tive date hereof – see attached. (See Doc. # 1464 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. - 10 - CCID # 1464 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39200 – PASSED 7-0 19. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 4146 Grant Street and 4206 Patrick Avenue, and legally described in the attached purchase agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2011 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and James R. Maly, to acquire the property for the sum of Nine Thousand and 00/100 Dollars ($9,000.00) is approved; project costs will be paid from FY 2011 HOME Match Funds, Fund 11111, Organization No. 109023; and to provide the effective date hereof – see attached. (See Doc. # 1465 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1465 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39201 – PASSED 7-0 20. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 4303 Patrick Avenue, and legally described as Lot 1, Block 15, Clifton Hill, an addition to the City of Omaha, as surveyed, platted, and recorded in Douglas County, Nebraska, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2011 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding a ny provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Wells Fargo Bank, N.A., 1 Home Campus, Des Moines, IA 50328-0001, to accept the donation of said residential property at no cost to the city is approved; no expenses are associated with the acceptance of the donation; and to provide the effective date hereof – see attached. (See Doc. # 1466 –December 6 and December 13 Meetings) - 11 - Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1466 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39202 – PASSED 7-0 21. Ord. providing that the City of Omaha, notwithstanding the procedure outlined in Section 27-51 to 27-75 of the Omaha Municipal Code, shall transfer City-owned property pursuant to an Agreement; that the attached Agreement between the City of Omaha and Venture, LLC, a Limited Liability Corporation organized in the State of Alabama, conveying the property located at 2601, 261 7, and 2619 North 16th Street, and legally described in Exhibit “A” of the attached Real Estate Contract, for the consideration of the sum of Sixty-nine Thousand Five Hundred Twenty-Six and 00/100 Dollars ($69,526.00) for development of a 8,320 square foot commercial building is approved; and to provide the effective date hereof – see attached. (See Doc. # 1468 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1468 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39203 – PASSED 7-0 22. Ord. to approve the execution of a Professional Services Agreement between the City of Omaha and the Neighborhood Center for Greater Omaha, Omaha to provide administrative services and develop Navigation protocols for the reEnergize Program, formerly called the Omaha/Lincoln Retrofit Ramp -up (OLRR); providing for payment in the amount of ninety-eight thousand six hundred and forty dollars ($98,640), during a project period extending from January 1, 2012 to May 26, 2013; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof – see attached. (See Doc. # 1469 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. - 12 - CCID # 1469 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39204 – PASSED 7-0 23. Ord to adopt a new Article V of Chapter 21 of the Omaha Municipal Code, to be entitled “Park Development Fees”; to add new sections 21-121, 21-122, 21-123, 21-124, and 21-125 to the Omaha Municipal Code, im plementing park development fees as adopted in the City’s 2010 Update to the Master Plan for the Omaha Suburban Park System; and to provide the effective date thereof – see attached. (See Doc. # 1471 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1471 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39205 – PASSED 7-0 24. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, to transfer $5,297,891 in unencumbered General Fund appropriations in the 2011 Budget of the City of Omaha from the Other Budgetary Accounts, Wage Adjustment to the Other Budgetary Accounts, Contingency Reserve Fund for the purpose of p roviding funding for Personal Services appropriations as a result of the 2009 CIR decision and pending 2010 CIR decision; and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended – see attached. (See Doc. # 1472 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1472 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39206 – PASSED 7-0 - 13 - 25. Ord. implementing the Benson Business Improvement District (BID No. 6875) under the authority of the Business Improvement District Act, Neb. Rev. Stat. § 19-4105, et seq. for the purpose of approving a street lighting replacement and upgrade project in the Benson area of Omaha, Nebraska, as contemplated by Item II of Section 5 of the ordinance establishing the Benson Business Improvement District, in the amount of $45,200 to be paid from Fund 12117 – Misc. Contribution, Org 124083 – Benson Business Improvement District; to reiterate the properties benefited by the proposed improvements which will be subject to special assessments in accordance with the Benson Business Improvement District Plan; to provide for special assessments of the total principal amount of $45,200 with interest at a rate of 3 percent over a ten (10) year period to be imposed with such District based upon the benefits conferred; to provide for the assessment of property specially benefited within the District; to provide a method of assessment to be assessed upon properties specially benefited by the District; and to provide the effective date hereof – see attached. (See Doc. # 1474 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1474 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39207 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 26 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.) - 14 - CONSENT AGENDA – RESOLUTIONS 26. Res. that, as recommended by the Mayor, additional payments to the Nebraska Department of Roads to provide for state-incurred fees and items determined to be non-participating after execution of the Program Agreement for Federal Funding on Project STPC-5003(8), State Control No. 22239 and OPW 50344, being improvements on 132nd Street from Patrick Street to Birch Drive, is hereby approved; and that the Finance Department is authorized to pay an additional $217,762.14 for these changes from the 2006 Transportation Bond Fund 13182, 2009 Issue Transportation Bond Organization 117114 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1506 – ADOPTED 7-0 27. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Anderson Ford Lincoln Mercury Mazda for the purchase of a ¾ ton 4x4 pickup truck to be utilized by the Sewer Maintenance Division in the amount of $21,241.00; and, that the Finance Department is authorized to pay the cost of this purchase from the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year 2011 funding – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1523 – ADOPTED 7-0 28. Res. that the Mayor is authorized to take the following actions regarding the City’s interest in the Greenview Apartments, located at 18th and Clark Streets, Omaha, Nebraska, and owned by Greenview Limited Partnership, a Nebraska Limited Partnership: 1) execute the attached Supplemental Agreement modifying the terms of the Agreement and related repayable loan documents originally approved on September 12, 1995, by Resolution No. 2309; 2) execute th e attached Consent to the Transfer of Interest and Assignment allowing Greenview Limited Partnership to transfer its interest in the property and its rights and obligations related to the Agreement and loan documents to Greenview Partners, Inc., a Nebraska Corporation; and 3) execute a Subordination Agreement subordinating the City’s interest in the Property to a new lien in an amount not to exceed $425,000.00 for the purpose of refinancing project related debt, be and hereby is approved – see attached. - 15 - Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1507 – ADOPTED 7-0 AGENDA ITEM NOS. 29 AND 30 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER GERNANDT 29. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Altus Architectural Studios, Inc. in the total amount of $62,530.50, for the repair and remediation of nine (9) separate facilities in NP Dodge Park, located at 11005 John J. Pershing Drive, Omaha, Nebraska, 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 & Recreation Bond Fund No. 13355 and Organization No. 117316, 2011 Issue Parks & Cultures Bond – see attached. Melinda Pearson, Parks, Recreation and Public Property Director, appeared and spoke. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1508 – ADOPTED 7-0 30. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Reinhardt & Associates Architects in the total amount of $29,556.00, for the repair and remediation of the Crow’s Nest, site amenities, and electrical in NP Dodge Park Marina, located at 11005 John J. Pershing Drive, Omaha, Nebraska, 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 Marina Fund No. 21111 and Organization No. 115451, NP Dodge Marina – see attached. Melinda Pearson, Parks, Recreation and Public Property Director, appeared and spoke. Motion by Gernandt that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1509 – ADOPTED 7-0 - 16 - AGENDA ITEM NO. 31 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER THOMPSON 31. Res. that, as recommended by the Mayor, the bid in the total amount of $82,220.00 from Nebraska’s Best to furnish labor, materials and all incidentals necessary to complete the sediment and debris removal, including, but not limited to the removal of sand/silt/sediment/debris from within the project limits (approximately five (5) acres) for Freedom Park Site Restoration, Freedom Park, located at 2947 Freedom Park Drive, Omaha, Nebraska, being the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The debris shall be hauled from the site and legally disposed of, but the sand and other sediment shall be dumped on -site. 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. 117316, 2011 Issue Parks and Cultures Bond – see attached. THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestants: John Portera, USS Hazard Corporation Jay Rybin, Meriweather Campgrounds, 4505 Bernadette Avenue For the City: Melinda Pearson, Parks, Recreation and Public Property Director Rick Cunningham, Planning Director Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1521 – ADOPTED 7-0 32. Res. that, as recommended by the Mayor, costs in the amount of $279,000.00, including $55,468.00 in administrative costs, to remove two sediment basins, construct mitigation wetlands as mandated by the Corps of Engineers, and construct a short trail connecting two trails within Black Elk Park at 161st Avenue and Z Street, for S&ID No. 437, Quail Hollow, located at 162nd Avenue and W Street, is hereby approved; and that, the costs incurred by S&ID No. 437, Quail Hollow, for these improvements will be funded 100% by general obligation bonds of the S&ID – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1524 – ADOPTED 7-0 - 17 - 33. Res. the Purchasing Agent is authorized to issue a purchase order, as professional service, for the renewal of the annual software maintenance agreement, to InterAct911 Public Safety Systems in the amount of $74,952.00, to provide software maintenance for the Omaha Police Department’s Mobile Data Computers from July 1, 2011 to June 30, 2012; and that the Finance Department of the City of Omaha is authorized to pay the cost of the software maintenance from the Omaha Police Department Year 2011, General Fund 11111, Organization 113213 Information Technology, Account 42411 Maintenance Contracts – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1510 – ADOPTED 7-0 34. Res. that, the Mayor is authorized to sign, and the City Clerk to attest, the attached contract between the City of Omaha and the Greater Omaha Chamber of Commerce for the Greater Omaha Economic Development Partnership for the year 2012 and to provide payment of one hund red twenty-five thousand dollars ($125,000). Funding shall be from General Fund 11111, Organization 126028 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1511 – ADOPTED 7-0 35. Res. that, as recommended by the Mayor, the attached one year contract with NewsBank, Inc. providing access to the Omaha World Herald and America’s News by NewsBank Annual Subscriptions in the amount of $36,535 is hereby approved; and, the Finance Department is authorized to pay the $36,535 cost thereof from the Library’s General Fund 11111, Organization 117016, Object Code 43416, year 2011 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1512 – ADOPTED 7-0 - 18 - AGENDA ITEM NO. 36 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER GRAY 36. Res. that, as recommended by the Mayor, the contracts between the City of Omaha and Building Bright Futures in the amount of $300,000, Urban League of Nebraska in the amount of $25,000, Impact One Community Connection in the amount of $25,000, and Eastern Nebraska Community Action Partnership in the amount of $15,000 for the implementation of Truancy Prevention Programs from January 1, 2012 to December 31, 2012, and incorporated herein by this reference, and funding of such projects in the total amount of $365,000, is hereby approved; and that, the Finance Director is authorized to provide payment of $365,000.00 from Omaha/Keno Lottery Fund 12118, Organization 126057 in accordance with the contract terms – see attached. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: John Cavanaugh, Executive Director, Building Bright Futures, 1004 Farnam Street Thomas Warren, Urban League of Nebraska, 3040 Lake Street Barbara Johnson, Eastern Nebraska Community Action Partnership, 2406 Fowler Avenue For the City: Alec Gorynski, Mayor’s Office Motion by Festersen that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Gray CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Gray Councilmember Gray passed due to potential conflict of interest Res # 1513 – ADOPTED 6-0-1 Pass 37. Res. that, the appointment by the Honorable Jim Suttle of Charles V. Kline to be a member of the Downtown Business Improvement Area Board to serve a five - year term from December 20, 2011 to December 19, 2016 is hereby confirmed by the City Council – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1520 – ADOPTED 7-0 - 19 - ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCES ON FINAL READING 38. Ord. approving an Agreement for the sale of City -owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Agreement with Siena - Francis House, Inc., a Non-profit Corporation organized in the State of Nebraska, 1706 Nicholas Street, Omaha, NE 68101, to c onvey the property described in the attached agreement, located at 1145-1411 North 18th Street, in consideration of the sum of One and 00/100 Dollars ($1.00) for development of the support services center for homeless persons; there are no expenses associated with the transfer of the property to Siena-Francis House; and to provide the effective date hereof – see attached. ((PUBLIC HEARING HELD 12/13/11 – CAN BE PASSED TODAY)) (See Doc. # 1467 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1467 – Ordinance read (a) Amendment of the Whole requested by the Planning Department – see attached. CCID # 1467 – Motion by Gray that the Amendment of the Whole be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39208 – PASSED AS AMENDED 7-0 - 20 - 39. Ord. to amend Section 21-7 of the Omaha Municipal Code to permit advertising in city ball field and tennis complexes and city op erated indoor ice arenas; to add restrictions on such advertising and to require guidelines to be established for such advertising; and to restrict the use of certain revenues derived therefrom; and to provide an effective date – see attached. ((PUBLIC HEARING HELD 12/13/11 – CAN BE PASSED TODAY)) (See Doc. # 1470 –December 6 and December 13 Meetings) Notice of public hearing held December 13, 2011 published in the Daily Record on December 9, 2011. Ordinance passed on December 20, 2011 published in the Daily Record on December 28, 2011. CCID # 1470 – Ordinance read (a) Amendment of the Whole requested by Councilmember Jerram – see attached. CCID # 1470 – Motion by Jerram that the Amendment of the Whole be PASSED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39209 – PASSED AS AMENDED 7-0 (b) Communication from Melinda Pearson, Parks, Recreation and Public Property Director, re: advertising in city ball field and tennis complexes and city operated indoor ice arenas – over from 12/13/11 – see attached. # 1470 – From Chair on File RESOLUTIONS 40. Res. that the attached Amendments to the Omaha -Council Bluffs Fiscal Year 2008, 2009 and 2011 Consolidated Submissions for Community Planning and Development Programs are hereby approved over from 11/22/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1399 – November 22 Meeting) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1399 – ADOPTED 7-0 - 21 - 41. Res. that the City of Omaha Law Department is authorized to make an offer to allow judgment to be taken against the City of Omaha in litigation pending in the District Court of Douglas County, Nebraska, entitled Anthony Coleman, Sr., vs. City of Omaha, CI 11-4867, in the amount of $40,025.59, inclusive of all costs; and, if the offer is accepted by th e Plaintiff, the funds shall be paid from the Judgment Fund, Fund 12111, Org 121101 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1525 – ADOPTED 7-0 42. Res. that the City of Omaha Law Department is authorized to make an offer to allow judgment in Robert McCurry, et al. v. Jerald Swanson, et al., to be entered against the City of Omaha and/or one or more individual defendants in the cumulative amount of $85,000.00, inclusive of all costs; and, if the offer is accepted by the Plaintiffs, said funds will be paid from the Judgment Fund, Fund 12111, Org 121101 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1514 – ADOPTED 7-0 43. Res. that the City Law Department is authorized and directed to pay the bill submitted by Creighton University Medical Center for necessary medical care rendered to Alexander Simoens, a person in police custody, provided in September, 2007, in an amount not to exceed $79,824.15; payment to be made from the Contingent Liability Fund No. 12112, Organization No. 122101, Account No. 46113 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 1526 – ADOPTED 7-0 - 22 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 27, 2011 AND JANUARY 3, 2012 THE THIRD READING ON AGENDA ITEM NOS. 44 THROUGH 46 SHALL BE HELD ON JANUARY 10, 2012” ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCES ON SECOND READING 44. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 1493 – December 13 Meeting) Linda Lovgren, Lovgren Marketing Group, 809 North 96th Street, appeared and spoke. CCID # 1493 – Public hearing was held today – Final reading set for January 10, 2012 pursuant to City Council Rule VII H. 45. 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 fi rm 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 purchases, 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. ((PUBLIC HEARING TODAY)) (See Doc. # 1490 – December 13 Meeting) CCID # 1490 – Public hearing was held today – Final reading set for January 10, 2012 pursuant to City Council Rule VII H. - 23 - 46. 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 autho rize 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 provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1491 – December 13 Meeting) CCID # 1491 – Public hearing was held today – Final reading set for January 10, 2012 pursuant to City Council Rule VII H. COUNCILMEMBER THOMPSON LEAVES THE LEGISLATIVE CHAMBERS AFTER-HOURS DANCE PERMIT 47. 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 12/6/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1438 – December 6 Meeting) Terry Tippit, 1715 Leavenworth Street, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Festersen, Gernandt, Gray, Mr. President Absent: Thompson Res # 1438 – ADOPTED 6-0 COUNCILMEMBER THOMPSON RE-ENTERS THE LEGISLATIVE CHAMBERS - 24 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD DECEMBER 27, 2011 AND JANUARY 3, 2012 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 48 THROUGH 53 SHALL BE HELD ON JANUARY 10, 2012” ORDINANCES ON FIRST READING 48. 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 Ru le Charter of 1956, as amended; to provide for payments from a specific account; and to provide an effective date hereof – see attached. CCID # 1522 – Publication to be made and public hearing to be he ld on January 10, 2012 pursuant to City Council Rule VII H. 49. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Livestock Commons, LLC, a Nebraska Limited 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 the project; and providing for an effective date – see attached. CCID # 1515 – Publication to be made and public hearing to be held on January 10, 2012 pursuant to City Council Rule VII H. 50. 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. CCID # 1516 – Publication to be made and public hearing to be held on January 10, 2012 pursuant to City Council Rule VII H. - 25 - 51. 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. CCID # 1517 – Publication to be made and public hearing to be held on January 10, 2012 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: 2012-02 – see attached. CCID # 1518 – Publication to be made and public hearing to be held on January 10, 2012 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: 2012-03 – see attached. CCID # 1519 – Publication to be made and public hearing to be held on January 10, 2012 pursuant to City Council Rule VII H. * * * * * * * * * * * * * EXECUTIVE SESSION 54. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. - 26 - SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR DECEMBER 20, 2011 LEGISLATIVE CHAMBERS – 2:00 P.M. - PREPARED DECEMBER 19, 2011 AT 1:45 P.M. ADDITIONAL RESOLUTION 55. Res. that the attached professional services contract between the City of Omaha and O’Hara Lindsay and Associates providing professional representation in the Nebraska Legislature on any legislative bills, resolutions, amendments, and studies that affect the City of Omaha during the legislative session of the One - Hundred and Second Legislature of the State of Nebraska, Second Session, in an amount not to exceed $31,000 is approved and the Finance Director is authorized to pay the cost of such services in co nformance with the terms of such agreement from General Fund 11111, Organization 119014, Account 42218 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: Patrick Rinn, 13871 Sprague Street For the City: Warren Weaver, City Council Chief of Staff Pam Spaccarotella, Finance Director Motion by Jerram that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Festersen, Gernandt, Gray Nays: Stothert, Thompson, Mr. President Res # 1527 – ADOPTED 4-3 * * * * * * * * * * * * * * Motion by Gernandt that the meeting be adjourned Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 ADJOURNED: 3:22 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 t he Meeting of the City Council of the City of Omaha held on December 20th, 2011. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 22nd DAY OF DECEMBER, 2011.