8th REGULAR OMAHA CITY COUNCIL MEETING

MARCH 12, 2013

THE CITY COUNCIL met in Regular Session on Tuesday, March 12, 2013 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Thomas Mulligan.

ROLL CALL 1. City Clerk calls the roll.

CCID # 324 – 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 March 8, 2013, notice re: Pre-Council and Regular City Council Meetings, March 12, 2013.

CCID # 325 – 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.

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ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone property located Northwest of 13th and Nicholas Streets from HI-

Heavy Industrial District and CBD-Central Business District to CBD-Central Business District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 270 – February 26 and March 5 Meetings) Notice of public hearing on March 12, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 270 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39606 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 13th and Nicholas Streets from HI and CBD to CBD (portions of which property are within an ACI-1(PL) Overlay District) – see attached. (See Doc. # 270 – February 26 Meeting) # 270 – From Chair on File

6. Res. that the preliminary plat entitled THE COAL YARD, located Northwest of 13th and Nicholas Streets, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 2/26/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 240 – February 26 Meeting) Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 240 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the Preliminary Plat of THE COAL YARD, Northwest of 13th and Nicholas Streets – Inside City – over from 2/26/13 – see attached. (See Doc. # 240 – February 26 Meeting) # 240 – From Chair on File

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7. Res. that the replat transmitted herewith entitled THE COAL YARD, located Northwest of 13th and Nicholas Streets, is hereby approved, and concurrently a portion of the existing plat entitled Original City of Omaha, and described on said replat, is hereby vacated – Inside City – over from 2/26/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 271 – February 26 Meeting) Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 271 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the Final Plat of THE COAL YARD, Northwest of 13th and Nicholas Streets – Inside City – over from 2/26/13 – see attached. (See Doc. # 271 – February 26 Meeting) # 271 – From Chair on File

8. Ord. to rezone property located at 2601 North 16th Street from GC- General

Commercial Zoning District to CC- Community Commercial Zoning District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 272 – February 26 and March 5 Meetings) Notice of public hearing on March 12, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 272 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39607 – PASSED 7-0

9. Ord. to amend the boundaries of the ACI-2(PL) district of the Area of Civic

Importance Overlay District, to incorporate into that district the property located at 2601 North 16th Street; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 273 – February 26 and March 5 Meetings) Notice of public hearing on March 12, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013.

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CCID # 273 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39608 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2601 North 16th Street from GC- General Commercial Zoning District to CC- Community Commercial Zoning District with an ACI-2(PL) – Area of Civic Importance Overlay District – see attached. (See Doc. # 273 – February 26 Meeting) # 273 – From Chair on File

10. Res. that the replat transmitted herewith entitled MILLARD AND CALDWELL’S ADDITION REPLAT 4, located at 2601 North 16th Street, is hereby approved, and concurrently a portion of the existing plat entitled Millard and Caldwell’s Addition, and described on said replat, is hereby vacated – Inside City – over from 2/26/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 274 – February 26 Meeting) Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 274 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the Final Plat of MILLARD AND CALDWELL’S ADDITION REPLAT 4, a minor plat inside the city limits, located at 2601 North 16th Street – Inside City – over from 2/26/13 – see attached. (See Doc. # 274 – February 26 Meeting) # 274 – From Chair on File

11. Res. that, the Subdivision Agreement between the City of Omaha and Triple C Development, Inc., an Alabama Corporation, as recommended by the Mayor, providing for the sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Millard and Caldwell’s Addition Replat 4 (Lot 1) and is located at 2601 North 16th Street – over from 2/26/13 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 275 – February 26 Meeting)

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Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 275 – ADOPTED 7-0

12. Ord. to rezone the property located southeast of 18th and Corby Streets from R7–Multiple Family Residential to R5-Urban Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 276 – February 26 and March 5 Meetings) Notice of public hearing on March 12, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 276 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39609 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of a request to rezone property located southeast of 18th and Corby Street from R7 to R5 – see attached. (See Doc. # 276 – February 26 Meeting) # 276 – From Chair on File

13. Res. that the preliminary plat entitled CORBY STREET SIX, located southeast of 18th and Corby Streets, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 2/26/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 277 – February 26 Meeting) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 277 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the Preliminary Plat of CORBY STREET SIX, a minor plat inside the city limits, located southeast of 18th and Corby Streets – Inside City – over from 2/26/13 – see attached. (See Doc. # 277 – February 26 Meeting) # 277 – From Chair on File

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14. Res. that the replat transmitted herewith entitled CORBY STREET SIX, located southeast of 18th and Corby Streets, is hereby approved, and concurrently a portion of the existing plat entitled Millard and Caldwell’s Addition, and described on said replat, is hereby vacated – Inside City – over from 2/26/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 278 – February 26 Meeting) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 278 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the Final Plat of CORBY STREET SIX, a minor plat inside the city limits, located at southeast of 18th and Corby Streets – Inside City – over from 2/26/13 – see attached. (See Doc. # 278 – February 26 Meeting) # 278 – From Chair on File

SPECIAL USE PERMIT – BROADCAST TOWER 15. Res. that the Special Use Permit application submitted by Fidelity Tower for a

Special Use Permit to allow a Broadcast tower, with a waiver of Section 55-87 Height, to allow a 150’ tall tower in an AG-Agricultural District, for property located at 7002 North 156th Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefore, provided the conditions set out in Exhibit "A" of the above referenced application, 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 2/26/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 241 – February 26 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Sam Mandolfo, representing Fidelity Tower, 2611 South 117th

Street Herb Johansen, Property owner, 9708 North 156th Street Protestants: Tamra Walz-Madsen, 14741 Black Street

Troy Meyerson, Attorney representing property owners to south and west, Fraser Stryker, 409 South 17th Street Larry Jobeun, representing Joe Vacanti, 11440 West Center Road

For the City: Chad Weaver, Planning Department Paul Kratz, City Attorney

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CCID # 241 – Motion by Jerram that the Resolution NOT be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President

Motion Carried 7-0

(a) Planning Board recommends DENIAL of the request of Fidelity Tower for a Special Use Permit to allow a Broadcast tower, with a waiver of Section 55-87 Height, to allow a 150’ tall tower in an AG District, for property located at 7002 North 156th Street – over from 2/26/13 – see attached. (See Doc. # 241 – February 26 Meeting) # 241 – From Chair on File

(b) Planning Department recommends approval of the request of Fidelity Tower for a Special Use Permit to allow a Broadcast tower, with a waiver of Section 55-87 Height, to allow a 150’ tall tower in an AG District, for property located at 7002 North 156th Street – over from 2/26/13 – see attached. (See Doc. # 241 – February 26 Meeting) # 241 – From Chair on File

(c) Document submitted in opposition of the request of Fidelity Tower for a Special Use Permit to allow a Broadcast tower, with a waiver of Section 55-87 Height, to allow a 150’ tall tower in an AG District, for property located at 7002 North 156th Street – see attached. # 241 – From Chair on File

(d) Document submitted in opposition of the request of Fidelity Tower

for a Special Use Permit to allow a Broadcast tower, with a waiver of Section 55-87 Height, to allow a 150’ tall tower in an AG District, for property located at 7002 North 156th Street – see attached # 241 – From Chair on File

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SPECIAL USE PERMIT – LARGE PROJECT 16. Res. that the Special Use Permit application submitted by Christ Community

Church for a Major Amendment to a Large Project Special Use Permit to allow for a non-compliant sign plan in a GO-General Office District, located at 404 South 108th Court, 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 2/26/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 242 – February 26 Meeting) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 242 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the request of Christ Community Church for a Major Amendment to a Large Project Special Use Permit in a GO-General Office District to allow a non-compliant sign plan, located at 404 South 108th Court – over from 2/26/13 – see attached. (See Doc. # 242 – February 26 Meeting) # 242 – From Chair on File

LIQUOR 17. CLASS “C” – First OFB, LLC, dba “Residence Inn”, 1106 South 15th Street. New

application, New location. Property posted: 02-26-13; Notification sent: 03-01-13 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))

Kyle Highberg, Residence Inn, 1106 South 15th Street, appeared and spoke.

Motion by Gray that the Resolution to GRANT be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 326 – ADOPTED 7-0

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18. CLASS “I” – Vallecillo, Martin & Gloria, dba “Taqueria El Bajio”, 3034 South 20th Street. New application, New location. Property posted: 02-26-13; Notification sent: 03-01-13 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Gloria Vallecillo, 2205 “D” Street, appeared and spoke. Motion by Gernandt that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 327 – ADOPTED 7-0

(a) Communication from Cross Lutheran Church, 3101 South 20th

Street, re: Vallecillo, Martin & Gloria, dba “Taqueria El Bajio”, 3034 South 20th Street, for a Class “I” Liquor License – see attached.

# 327 – From Chair on File

19. Sergymart, LLC, dba “Corner Food Mart”, 2430 South 24th Street, requests permission to appoint Thomas C. Green manager of their present Package Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Thomas Green, Manager, Sergymart, appeared and spoke. CCID # 328 – Motion by Gernandt that the request be approved 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 Motion Carried 6-0-1 Pass

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CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 20 through 24 were held on March 5, 2013.) CONSENT AGENDA – ORDINANCES 20. Ord. to accept the bid of Miller & Sons Golf Cars in the total amount of

$280,296.00 for the lease of one hundred forty-four (144) gas powered golf cars for the Golf Division of the Parks, Recreation and Public Property Department; for four (4) years beginning March 15, 2013 through April 14, 2017; to authorize annual payments as specified therein in the amount of $70,074.00 per year, for a total amount of $280,296.00; and to provide an effective date – see attached. (See Doc. # 279 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 279 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39610 – PASSED 7-0

21. Ord. to approve and authorize payment from the City of Omaha to HP Financial

Services, as assignee of payments, of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide for payment from a certain account to HP Financial Services, as assignee of payments, for a lease agreement as bid by Riverside Technologies, Inc.; and for a lease agreement as quoted by En Pointe Technologies providing WSCA pricing #ADSPO11-00000358-1, extended over a three-year period in the amount of $144,432.75 commencing upon the passage of this ordinance for 175 desktop computers and 175 Office 2010 Software Licenses for the Omaha Police Department of the City of Omaha; and to provide an effective date hereof – see attached. (See Doc. # 280 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013.

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CCID # 280 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39611 – PASSED 7-0

22. Ord. (1) to approve an Agreement between the City of Omaha and the Douglas

County Board of Commissioners for the, (a) Douglas County Attorney’s Office in the amount of sixty eight thousand eight hundred and twenty five dollars ($68,825); (b) Douglas County Sherriff’s Office in the amount of sixty five thousand and fifty nine dollars ($65,059); (c) Douglas County Juvenile Court in the amount of forty five thousand eight hundred and twenty five dollars ($45,825); and (d) Douglas County Department of Corrections in the amount of forty thousand five hundred and twenty four dollars ($40,524); and, (2) to authorize funding for such agreements from the City of Omaha’s 2011 Edward Byrne Memorial Justice Assistance Grant, #2011-DJ-BX-2287, awarded by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; to provide funding for Law Enforcement Programs and Planning, Evaluation and Technology Improvements; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. (See Doc. # 288 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 288 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39612 – PASSED 7-0

23. Ord. approving a bid from Superior Green to provide snow removal services for

W. Dale Clark (Main) Library, Benson Branch, Charles B. Washington Branch, Willa Cather Branch, Milton R. Abrahams Branch, Bess Johnson Elkhorn Branch, Millard Branch, and W. Clarke Swanson Branch in accordance with the lowest and best bid submitted meeting specifications, for a period commencing February 26, 2013, or upon approval by City Council, through the end of the 2013-2014 snow season; to authorize payments of approximately $39,640.00 annually; and to provide an effective date – see attached. (See Doc. # 18 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013.

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CCID # 18 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39613 – PASSED 7-0

24. Ord. to amend Omaha Municipal Code Sections 36-214, 36-215, 36-216, and 36-

217; to allow for alternate methods of payment for parking at parking meters, other than “deposit of coin”; to repeal Sections 36-214, 36-215, 36-216, and 36-217 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 281 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 281 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39614 – PASSED 7-0

((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED))

* * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 25 through 41 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 25. Res. that, as recommended by the Mayor, the contract with M. E. Collins

Contracting Co., Inc. for OPW 51686, being CSO 211 Sewer Separation Project located at Pacific Street from 63rd Street to 66th Street in the amount of $261,738.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918, year 2013 expenditures – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 329 – ADOPTED 7-0

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26. Res. that, as recommended by the Mayor, the Professional Services Agreement with CH2M Hill Engineers, Inc for professional engineering services on Project OPW 52406, being the Missouri River Wastewater Treatment Plant - Transfer Lift Station Force Main Replacement, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $188,070.00 for these professional services from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913; Sewer Revenue Bonds will be issued to finance this project – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 330 – ADOPTED 7-0

27. Res. that, as recommended by the Mayor, the Professional Services Agreement

with The Wells Resource LLC for professional engineering services on Project OPW 52429, being the 62nd Street and Buckingham Avenue Sewer Improvements, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $22,830.00 for these professional services from the Sewer Revenue Improvements Fund 21124, Neighborhood Sewer Renovation Organization 116911; Sewer Revenue Bonds will be issued to finance this project – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 331 – ADOPTED 7-0

28. Res. that pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on May 24, 2011, the City of Omaha officially designates the Benson Beer Festival as a special event under LB 589 and NEB. REV. STAT. §39-1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties imposed by such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a result of the special event and the temporary use of State Highway 64 (Maple Street) from 61st Street to 63rd Street, within Omaha City Limits on June 1, 2013, between the hours of 12:00 p.m. and 9:00 p.m. for the Benson Beer Festival – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 332 – ADOPTED 7-0

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29. Res. that, as recommended by the Mayor, the bids from Nebraska Best, Pond Pros, Inc. and Team Green for grounds maintenance mowing of City rights-of-way in various areas throughout the City effective until December 31, 2013 in the total amount of $328,946.00 are hereby approved; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Right-of-way Cleaning Organization 116152, year 2013 expenditures – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 333 – ADOPTED 7-0

30. Res. that, as recommended by the Mayor, the Professional Service Agreement

with TruePoint Solutions, LLC., for implementation of the Business Licensing of the Accela system, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $247,200 which will be paid from the Capital Improvement – General Fund 11111, Organization 119019, $210,000, and Technology and Training Fund 21217, Organization 109041, $37,200, year 2013 expenditure – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 334 – ADOPTED 7-0

31. Res. that, the attached Agreement, as recommended by the Mayor, between the

City of Omaha and the Housing Authority of the City of Omaha (OHA), 540 South 27th Street, Omaha, Nebraska, 68105, for Shelter Plus Care funding in the amount of $158,928.00 to be used for tenant rental assistance for chronically homeless clients referred by Metro Area Continuum of Care for the Homeless agencies, is hereby approved. Funds in the amount of $158,928.00 shall be paid from the Continuum of Care Shelter Plus Care Fund (Funding Year 2011, Fund 12196, Organization 128034, Grant # NE0039C7D011002). Further, the City of Omaha agrees to pay the Omaha Housing Authority $12,700.00 from the S+C grant for the cost of administering the City's “Rental Assistance for the Chronically Homeless” program (24 CFR 582.105 (e )); and, be it further resolved that the Mayor is authorized to approve all revisions to this Shelter Plus Care Program Grant Agreement, as approved by HUD, except that revisions involving a change in the subrecipient, a change in the project site, or a change in the category of participants to be served shall require the prior approval of the City Council – see attached.

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Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 335 – ADOPTED 7-0

32. Res. that the attached Grant Agreement, as recommended by the Mayor, to

provide funding in the amount of $41,976.00 for the rehabilitation and lead reduction work, when applicable, to the property owned and occupied by Elias Valerio Orozco, Owner and Maria Louisa Arguello Rodriguez, Owner’s Spouse, located at 2502 Poppleton Avenue, is hereby approved. The contract is to be awarded to Lamb’s Remodeling. Funds in the amount of $20,000.00 shall be paid from the NAHTF Program Fund, NAHTF Award No. 11-TFHO-7057, Fund No. 12141, Org. No. 128101, and $21,976.00 from the CDBG Outside NRSA Target Area Rehabilitation Fund No. 12186, Organization No. 128072 – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 336 – ADOPTED 7-0

33. Res. that, as recommended by the Mayor, the bid in the total amount of $1,858,562.50 (includes Alternate No. 2 in the amount of $162,000.00), from All Purpose Construction, to furnish all labor and materials to implement lagoon water quality improvements including dredging, installation of a new clay pond liner, reconstruction of stone walls, shoreline protections, concrete walks, and lighting around the lagoon perimeter for the Gene Leahy Mall Renovation – Phase I, 1302 Farnam Street, being the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the Parks and Recreation Bond Fund No. 13335 and Organization No. 117317, Parks and Cultures Bond – see attached.

Brook Bench, Parks, Recreation and Public Property Director, appeared and spoke.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 337 – ADOPTED 7-0

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34. Res. that, as recommended by the Mayor, the bid in the total amount of $64,700.00 from Senegal Specialty Contracting to furnish labor and materials to sandblast and paint the swimming pool and baby pool at Hitchcock Park, 5025 South 45th Street, being the best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 338 – ADOPTED 7-0

35. Res. that, as recommended by the Mayor, the bid in the total amount of

$28,780.00, from Brown’s Tree Service, to furnish labor, materials, and all incidentals necessary to complete the removal of dead trees at N. P. Dodge Park, 11001 John J. Pershing Drive, as the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The work shall include, but not be limited to the cutting down and hauling off-site dead trees and other incidentals necessary to complete the work. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the amount of $28,780.00 shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 339 – ADOPTED 7-0

36. Res. that, as recommended by the Mayor, the bid in the total amount of

$64,225.00, from Jacksons Complete Concrete, to furnish all labor, materials, and equipment necessary to complete the removal and replacement of concrete pavement at various City of Omaha trails and parks, being the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The concrete pavement repair/replacement shall include, but not be limited to the demolition of existing concrete or asphalt pavement, grading, layout, and installation of new concrete pavement concrete. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond – see attached.

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Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 340 – ADOPTED 7-0

37. Res. that, as recommended by the Mayor, between 6:30 p.m. on Friday July 19,

2013 and 9:30 a.m. on Saturday, July 20, 2013, Hummel Park Nature Center, 3033 Hummel Park Road, Omaha, Nebraska, shall be open to accommodate this overnight event for the Family Campout – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 341 – ADOPTED 7-0

38. Res. that, as recommended by the Mayor, the bid from Aqua-Chem, Inc., for the

purchase of 35,000 gallons of Sodium Hypochloride (liquid chlorine) @ $1.07 per gallon, for a total of $37,450.00 and 150, 140 lb. drums of Hydrochloric (muriatic) Acid @ $28.00 per drum, for a total of $4,200.00, for a total amount of $41,650.00, to be used at City of Omaha pools, being the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the General Fund No. 11111 and Organization No. 115031, Park Facilities Services – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 342 – ADOPTED 7-0

39. Res. that, Omaha Convention and Visitors Bureau is authorized to expend an

amount not to exceed $130,000 to purchase a corporate sponsorship with ASAE: The Center for Association Leadership to promote the City of Omaha as convention and meeting destination for term of April 1, 2013 through March 31, 2014, and the attached Sponsorship agreement is hereby approved; and that, the Finance Director is authorized to provide payment in the amount of $130,000 from Fiscal Year 2013, Fund No. 21109, Organization No. 115915, Account No. 42112 in the amount of $50,000 (OCVB Marketing) and the remainder from Fiscal Year 2013, Fund No. 21109, Organization No. 115914, Account No. 42239 (OCVB Convention Sales) – see attached.

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Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 311 – ADOPTED 7-0

40. Res. that, as recommended by the Mayor, the purchase from Traube, a sole

source vendor provided in Chapter 5.16 of the Home Rule Charter in the amount of one hundred fifteen thousand three hundred sixty four dollars ($115,364.00) for the purchase of four (4) Losberger TAG 5-Arch Inflatable Tents/Shelters and accessories for the Omaha Metropolitan Medical Response System (OMMRS) and its partner agencies, providing the ability to create a mobile hospital or emergency medical triage area, is hereby approved. Further that, the Finance Department of the City of Omaha is authorized to pay Traube in the amount of $115,364.00 for the purchase of four (4) Losberger TAG 5-Arch Inflatable Tents/Shelters and accessories, budgeted from and funded by the Nebraska Department of Health and Human Services, Division of Public Health, Office of Preparedness and Emergency Response Hospital Preparedness Program, #1U90TP000533-01, Fund 12168, Organization 130757 – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 348 – ADOPTED 7-0

41. Res. that, as recommended by the Mayor, the purchase from Meridian Medical

Technologies, a sole source vendor provided in Chapter 5.16 of the Home Rule Charter in the amount of twenty four thousand fifty dollars ($24,050.00) for the purchase of thirty-seven (37) Cyanokits that will be used by the Omaha Metropolitan Medical Response System (OMMRS), providing an adequate supply of this antidote to cyanide poisoning, is hereby approved. Further that, the Finance Department of the City of Omaha is authorized to pay Meridian Medical Technologies in the amount of $24,050.00 for the purchase of thirty-seven (37) Cyanokits, budgeted from and funded by the Nebraska Emergency Management Agency (NEMA) FY 2010 Metropolitan Medical Response System Grant, Award # 2010-SS-T0-0013, Fund 12151, Organization 130762 – see attached.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Res # 349 – ADOPTED 7-0

((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED))

* * * * * * * * * * * * *

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ORDINANCES ON FINAL READING 42. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,

certain hereinafter described vacant and improved properties located within the boundary identified in the Ames-Locust Area Redevelopment Plan, an irregular area generally defined by Cornish Boulevard on the north, Locust Street on the south, North 13th Street on the east, and North 16th Street on the west for acquisition, relocation as appropriate, demolition of structures, preparation of sites, and subsequent use as a site for implementing the Ames-Locust Area Redevelopment Plan; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; project costs will be paid from the Advanced Acquisition Fund No. 13111, Organization No. 131551, Property Acquisition 45412; and to provide the effective date hereof – see attached. ((PUBLIC HEARING HELD 3/5/13 – CAN BE PASSED TODAY)) (See Doc. # 179 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 179 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President ORDINANCE # 39615 – PASSED 7-0

(a) Communication from Ted Boecker, Attorney representing Virgil

Anderson, re: the Ames-Locust Area Redevelopment Plan – over from 3/5/13 – see attached. (See Doc. # 179 – March 5 Meeting) # 179 – From Chair on File

43. Spec. Ord. levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha, Group No: 2013-06 – see attached. ((PUBLIC HEARING HELD 3/5/13 – CAN BE PASSED TODAY)) (See Doc. # 282 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013.

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CCID # 282 – Special Ordinance read Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President SPECIAL ORDINANCE # 10150 – PASSED AS AMENDED 7-0

(a) Amendment requested by the Parks, Recreation and Public Property Department – see attached. # 282 – Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0

44. Spec. Ord. levying a special tax assessment for the removal of litter in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha, Group No; 2013-07 – see attached. ((PUBLIC HEARING HELD 3/5/13 – CAN BE PASSED TODAY)) (See Doc. # 283 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 283 – Special Ordinance read Motion by Gray that the Special Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President SPECIAL ORDINANCE # 10151 – PASSED AS AMENDED 7-0

(a) Amendment requested by the Parks, Recreation and Public Property Department – see attached.

# 283 – Motion by Gray that the Amendment be approved Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0

45. Spec. Ord. levying a special tax assessment for removal and/or trimming of

trees, bushes, shrubs, hedges and any other vegetation in accordance with Sections 37-1 through 37-95 of the Omaha Municipal Code on certain lots in the City of Omaha, Group No: 2013-08 – see attached. ((PUBLIC HEARING HELD 3/5/13 – CAN BE PASSED TODAY))

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(See Doc. # 284 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 284 – Motion by Gray that the Special Ordinance be Passed Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President SPECIAL ORDINANCE # 10152 – PASSED 7-0

46. Spec. Ord. levying a special tax assessment for removal and/or trimming of

trees, bushes, shrubs, hedges and any other vegetation in accordance with Sections 37-1 through 37-95 of the Omaha Municipal Code on certain lots in the City of Omaha, Group No: 2013-09 – see attached. ((PUBLIC HEARING HELD 3/5/13 – CAN BE PASSED TODAY)) (See Doc. # 285 – February 26 and March 5 Meetings) Notice of public hearing on March 5, 2013 published in the Daily Record on March 1, 2013. Ordinance passed March 12, 2013 published in the Daily Record on March 20, 2013. CCID # 285 – Special Ordinance read Motion by Gray that the Special Ordinance be PASSED AS AMENDED Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President SPECIAL ORDINANCE # 10153 – PASSED AS AMENDED 7-0

(a) Amendment requested by the Parks, Recreation and Public Property Department – see attached.

# 285 – Motion by Gray that the Amendment be approved Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0

“PURSUANT TO CITY COUNCIL RULE VII D

THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 47 THROUGH 48 SHALL BE HELD ON THE THIRD READING”

ZONING ORDINANCES ON SECOND READING 47. Ord. to rezone the property located at 5613 Seward Street from R4(35)-Single-

Family Residential District (High Density) to R5-Urban Family Residential District. (See Doc. # 314 – March 5 Meeting)

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CCID # 314 – ORDINANCE ON SECOND READING – Final reading to be held on March 19, 2013 as per City Charter requirements.

48. Ord. to rezone the property located at 1409 North 60th Street from R4(35)-Single-

Family Residential District (High Density) to R5-Urban Family Residential District. (See Doc. # 315 – March 5 Meeting) CCID # 315 – ORDINANCE ON SECOND READING – Final reading to be held on March 19, 2013 as per City Charter requirements.

* * * * * * * * * * * * * ORDINANCES ON SECOND READING and Planning Board Attachments 49. Ord. to approve the Joslyn Neighborhood Development and Housing Study for

the City of Omaha located in an area generally bound by Dodge Street on the north, 25th Street on the west, Harney Street on the south and 20th Street on the east; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 316 – March 5 Meeting) CCID # 316 – Motion by Jerram that the public hearing be continued to the third reading on March 19, 2013 Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0

(a) Planning Board and Planning Department recommend approval of the Joslyn Neighborhood Development and Housing Study for the City of Omaha located in an area generally bound by Dodge Street on the north, 25th Street on the west, Harney Street on the south and 20th Street on the east – see attached. (See Doc. # 316 – March 5 Meeting) # 316 – Over to 03/19/12

(b) Communications requesting that the public hearing on the

Ordinance to approve the Joslyn Neighborhood Development and Housing Study be continued to the third reading to be held on March 19, 2013 – see attached.

# 316 – From Chair on File

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50. Ord. to approve the Crossroads Area Redevelopment Plan for the City of Omaha located in an area generally bound by Cass Street on the north, the Little Papillion Creek on the west, Pacific Street on the south and the eastern edge following 70th to Howard Street, then to 72nd and Dodge Streets, and then 69th back to Cass Street; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 317 – March 5 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: For the City: Bridget Hadley, Planning Department Chad Weaver, Planning Department Rick Cunningham, Planning Director CCID # 317 – Public hearing was held today – Final reading set for March 19, 2013 as per City Charter requirements.

(a) Planning Board and Planning Department recommend approval of the Crossroads Area Redevelopment Plan for the City of Omaha located in an area generally bound by Cass Street on the north, the Little Papillion Creek on the west, Pacific Street on the south and the eastern edge following 70th to Howard Street, then to 72nd and Dodge Streets, and then 69th back to Cass Street – see attached. (See Doc. # 317 – March 5 Meeting) # 317 – Over to 03/19/13

ORDINANCES ON SECOND READING 51. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,

certain hereinafter described property located at 4210 Ohio Street, and legally described in the attached purchase agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2012 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purpose of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and, the Federal National Mortgage Association, to acquire the property for the sum of Thirty Thousand and no/100 Dollars ($30,000.00) is approved; project costs will be paid from Community Development Block Grant, Fund 12186, Organization No. 129161, Project No. 3526, Task 18.2, Award 855; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 318 – March 5 Meeting) CCID # 318 – Public hearing was held today – Final reading set for March 19, 2013 as per City Charter requirements.

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52. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 4223 Ohio Street and legally described as Lot 6, Block 4, Creighton Heights, DCNE, and legally described in the attached purchase agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2012 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purpose of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Pedro F. Portillo Herrera and Jessica Gusman, 2922 South 26th Street, Omaha, NE 68105, to acquire the property for the sum of Twenty-Seven Thousand and no/100 Dollars ($27,000.00) is approved; project costs will be paid from Community Development Block Grant, Fund 12186, Organization No. 129161, Project No. 3526, Task 18.2, Award 855; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 319 – March 5 Meeting) CCID # 319 – Public hearing was held today – Final reading set for March 19, 2013 as per City Charter requirements.

53. Ord. to approve an agreement between the City of Omaha and the Douglas

County Board of Commissioners on behalf of the Douglas County Youth Center in the amount of seventy two thousand nine hundred twenty four Dollars ($72,924.00) during a period of July 1, 2012 to June 30, 2013; to provide funding for the renovation of the Youth Center; 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. ((PUBLIC HEARING TODAY)) (See Doc. # 321 – March 5 Meeting) CCID # 321 – Public hearing was held today – Final reading set for March 19, 2013 as per City Charter requirements.

54. Ord. to amend sections 30-263 and 30-264 of the Omaha Municipal Code; to

increase the number of fireworks permits to be awarded from 35 to 50; to amend the criteria for evaluation of applications; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 323 – March 5 Meeting) CCID # 323 – Public hearing was held today – Final reading set for March 19, 2013 as per City Charter requirements.

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“PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARING ON AGENDA ITEM NO. 55

SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCE ON FIRST READING and Planning Board Attachment 55. Ord. to rezone the property located at 701 South 24nd Street from DS-Downtown

Service District to CBD-Central Business District (said property is also within an ACI-1(PL) Area of Civic Importance Overlay District). CCID # 343 – Publication to be made and public hearing and third reading to be held on March 26, 2013 as per City Charter requirements.

(a) Planning Board and Planning Department recommend approval of a request to rezone property located at 701 South 24th Street from DS-Downtown Service District to CBD-Central Business District (said property is also within an ACI-1(PL) Area of Civic Importance Overlay District) – see attached.

# 343 – Over to 03/26/13

* * * * * * * * * * * * *

“PURSUANT TO CITY COUNCIL RULE VII C

THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 56 THROUGH 60 SHALL BE HELD ON THE SECOND READING”

ORDINANCES ON FIRST READING 56. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the

necessary private property for the purpose of constructing the Rockbrook Tributary at Frederick Street Stream Rehabilitation project, identified as Project No. OPW 52101 (CSO); 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.

CCID # 344 – Publication to be made and public hearing to be held on March 19, 2013 as per City Charter requirements.

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57. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Airlite Plastics Co., a Nebraska Corporation to implement the Airlite IML Building #3 Tax Increment Financing (TIF) Redevelopment Project Plan located at 6110 Abbott Drive which proposes constructing a new 43,000 square foot building addition to its existing manufacturing facility within the Airport Business Park/Riverfront Industrial Park area, inclusive of an extension of the existing rail spur; the agreement authorizes the use of up to $1,655,240.00 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 # 345 – Publication to be made and public hearing to be held on March 19, 2013 as per City Charter requirements.

58. Ord. approving a redevelopment and tax increment financing loan agreement

between the City of Omaha and Elk Hills Apartments, LLC, a Nebraska limited liability company to implement the Elk Hills Apartments, LLC Tax Increment Financing (TIF) Redevelopment Project Plan at the project site located at 223 N. Main Streets; said agreement contemplates the construction of market-rate apartment complex comprised of seven 3-story apartment buildings: 216 units with a unit mix of studios, one-, two-, and three-bedrooms, and a mix of attached and detached garage spaces; the agreement authorizes the use of up to $2,950,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project of which $1,042,000.00 will be used for public improvements within downtown Elkhorn; and providing for an effective date – see attached.

CCID # 346 – Publication to be made and public hearing to be held on March 19, 2013 as per City Charter requirements.

59. Ord. to grant a permanent easement for property near 30th Street and Redick

Avenue to Metropolitan Utilities District of Omaha for purposes of installing pipelines and all appurtenances thereto, authorizing the Mayor to execute the attached Non-Exclusive Permanent Easement; and to provide an effective date thereof – see attached.

CCID # 347 – Publication to be made and public hearing to be held on March 19, 2013 as per City Charter requirements.

60. Ord. to approve an Option Agreement between the City of Omaha and The

Capitol District, LLC, a Nebraska limited liability company, to purchase City-owned property southeast of 10th Street and Capitol Avenue – see attached.

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CCID # 350 – Publication to be made and public hearing to be held on March 19, 2013 as per City Charter requirements.

* * * * * * * * * * * * *

CHAIRMAN OF THE BOARD OF EQUALIZATION 61. Chairman of the Board of Equalization reports approval of the Plans of

Assessment with adjustments made at their regular meeting held March 5, 2013 – see attached. ((MOTION NEEDED TO APPROVE))

CCID # 351 – Motion by Gray that the report be approved Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0

EXECUTIVE SESSION 62. Motion to go into Executive Session for the purpose of discussing labor

negotiations, personnel matters and litigation. Motion by Gray that the meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President Motion Carried 7-0 ADJOURNED: 3:26 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on March 12th, 2013. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 14th DAY OF MARCH, 2013.