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8 th REGULAR OMAHA CITY COUNCIL MEETING MARCH 11, 2014 THE CITY COUNCIL met in Regular Session on Tuesday, March 11, 2014 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Pete Festersen. ROLL CALL 1. City Clerk calls the roll. CCID # 305 – Present: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Franklin Thompson of District No. 6. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on March 7, 2014, notice re: Pre-Council and Regular City Council Meetings, March 11, 2014. CCID # 306 – 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.

th REGULAR OMAHA CITY COUNCIL MEETING …...2011/03/14  · Ord. to adopt aPK -Parking Overlay District, in an R7-Medium-Density Multiple Family Residential District, located Northwest

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Page 1: th REGULAR OMAHA CITY COUNCIL MEETING …...2011/03/14  · Ord. to adopt aPK -Parking Overlay District, in an R7-Medium-Density Multiple Family Residential District, located Northwest

8th REGULAR OMAHA CITY COUNCIL MEETING

MARCH 11, 2014

THE CITY COUNCIL met in Regular Session on Tuesday, March 11, 2014 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Pete Festersen.

ROLL CALL 1. City Clerk calls the roll.

CCID # 305 – Present: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President

2. Pledge of Allegiance. 3. Invocation by Councilmember Franklin Thompson of District No. 6. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City

of Omaha on March 7, 2014, notice re: Pre-Council and Regular City Council Meetings, March 11, 2014.

CCID # 306 – 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 approve the Vinton Street NCE District Plan for the City of Omaha,

located in an area generally bounded by Castelar Street on the north, 13th and 15th Street on the east, Deer Park Boulevard on the south and 24th Street on the west; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 271 – February 25 and March 4 Meetings) Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Connie Spellman, Director, Omaha by Design, 705 North 57th

Street Larry Ferguson, 1701 Vinton Street Protestant: Jerry Sandoval, 2725 South 19th Street For the City: Jed Moulton, Planning Department CCID # 271 – Motion by Gernandt that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39931 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of the Vinton Street NCE District Plan for the City of Omaha, located in an area generally bounded by Castelar Street on the north, 13th and 15th Street on the east, Deer Park Boulevard on the south and 24th Street on the west – see attached. (See Doc. # 271 – February 25 Meeting) # 271 – From Chair on File

6. Ord. to approve an amendment to the Future Land Use Element of the Master Plan for the City of Omaha, to allow for increased residential density within the areas immediately surrounding the commercial district of historic Vinton Street for properties located in an area generally bounded by Castelar Street on the north, 13th and 15th Street on the east, Deer Park Boulevard on the south and 24th Street on the west; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 272 – February 25 and March 4 Meetings) Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014.

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THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Connie Spellman, Director, Omaha by Design, 705 North 57th

Street Larry Ferguson, 1701 Vinton Street Protestant: Jerry Sandoval, 2725 South 19th Street For the City: Jed Moulton, Planning Department CCID # 272 – Motion by Gernandt that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39932 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of an amendment to the Future Land Use Element of the Omaha Master Plan to allow for increased residential density within the areas immediately surrounding the commercial district of historic Vinton Street for properties located in an area generally bounded by Castelar Street on the north, 13th and 15th Street on the east, Deer Park Boulevard on the south and 24th Street on the west – see attached. (See Doc. # 272 – February 25 Meeting) # 272 – From Chair on File

7. Ord. to amend the boundaries of the NCE-C district of the Neighborhood

Conservation and Enhancement District, to incorporate into that district the property generally bounded by 17th Street on the east, Elm Street on the south, 19th Street on the west and Bancroft Street on the north; to approve an amendment to the Urban Design Element of the Master Plan for the City of Omaha to incorporate the Vinton Street NCE District Plan into the Master Plan and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 273 – February 25 and March 4 Meetings) Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Connie Spellman, Director, Omaha by Design, 705 North 57th

Street Larry Ferguson, 1701 Vinton Street Protestant: Jerry Sandoval, 2725 South 19th Street For the City: Jed Moulton, Planning Department

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CCID # 273 – Motion by Gernandt that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39933 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of an NCE-C-Neighborhood Conservation and Enhancement District for an area generally bounded by 17th Street on the east, Elm Street on the south, 19th Street on the west and Bancroft Street on the north – see attached. (See Doc. # 273 – February 25 Meeting) # 273 – From Chair on File

8. Ord. to rezone property located Northwest of 28th and “R” Streets from R7-Medium-Density Multiple-Family Residential District and GI-General Industrial District to R7-Medium-Density Multiple-Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 262 – February 25 and March 4 Meetings) Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared and spoke. CCID # 262 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39934 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 28th and “R” Streets from R7 and GI to R7 – see attached. (See Doc. # 262 – February 25 Meeting) # 262 – From Chair on File

9. Ord. to adopt a PK-Parking Overlay District, in an R7-Medium-Density Multiple-Family Residential District, located Northwest of 28th and “R” Streets, to approve the Parking Plan, and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 263 – February 25 and March 4 Meetings)

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Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared and spoke. CCID # 263 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39935 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of a PK-Parking Overlay District in an R7-Medium-Density Multiple-Family Residential District, located Northwest of 28th and “R” Streets – see attached. (See Doc. # 263 – February 25 Meeting) # 263 – From Chair on File

10. Ord. to rezone the property located at 4534 Madison Street from R3-Single

Family Residential District (Medium Density) to DR- Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 264 – February 25 and March 4 Meetings) Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Dave Akiens, 12459 Deer Hollow Drive Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street Tony Barnes, Victory Riding Academy, 4534 Madison Street CCID # 264 – Motion by Gernandt that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39936 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of a request to rezone property located at 4534 Madison Street from R3-Single Family Residential District (Medium Density) to DR- Development Reserve District – see attached. (See Doc. # 264 – February 25 Meeting) # 264 – From Chair on File

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11. Res. that the replat transmitted herewith entitled R.C. PLATTS 1ST ADDITION REPLAT 1, located at 4534 Madison Street, is hereby approved, and concurrently a portion of the existing plat entitled R.C. Platts 1st Addition, and described on said replat, is hereby vacated – Inside City – over from 2/25/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 265 – February 25 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Dave Akiens, 12459 Deer Hollow Drive Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street Tony Barnes, Victory Riding Academy, 4534 Madison Street Motion by Gernandt that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 265 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the Final Plat of R.C. PLATTS 1ST ADDITION REPLAT 1, located at 4534 Madison Street – Inside City – over from 2/25/14 – see attached. (See Doc. # 265 – February 25 Meeting) # 265 – From Chair on File

12. Res. that, the Subdivision Agreement between the City of Omaha and Claudio Investments, LLC, a Nebraska limited liability company, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as R.C. Platts 1st Addition Replat 1 (Lots 1-2) and is located at 4534 Madison Street – over from 2/25/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 267 – February 25 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Dave Akiens, 12459 Deer Hollow Drive Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street Tony Barnes, Victory Riding Academy, 4534 Madison Street Motion by Gernandt that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 267 – ADOPTED 7-0

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13. Res. that the Special Use Permit application submitted by Tony and Jodee Barnes, for a Special Use Permit to allow Outdoor Sports and Recreation in a DR- Development Reserve District located at 4534 Madison Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 2/25/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 266 – February 25 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Dave Akiens, 12459 Deer Hollow Drive Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street Tony Barnes, Victory Riding Academy, 4534 Madison Street Motion by Gernandt that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 266 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of a Special Use Permit to allow Outdoor Sports and Recreation in a DR- Development Reserve District located at 4534 Madison Street – over from 2/25/14 – see attached. (See Doc. # 266 – February 25 Meeting) # 266 – From Chair on File

14. Ord. to rezone property located Northwest of Hillandale Road and Skyline Drive from R1-Single Family Residential District (Large Lot) to R1-Single Family Residential District (Large Lot). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 240 – February 25 and March 4 Meetings) Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. Todd Whitfield, Lamp, Rynearson & Associates, 14710 West Dodge Road, appeared and spoke.

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CCID # 240 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39937 – PASSED 7-0

15. Ord. to rezone property located Northwest of Hillandale Road and Skyline Drive

from R1-Single Family Residential District (Large Lot) to R2-Single Family Residential District (Low Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 241 – February 25 and March 4 Meetings) Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. Todd Whitfield, Lamp, Rynearson & Associates, 14710 West Dodge Road, appeared and spoke. CCID # 241 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39938 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of a request to rezone properties located Northwest of Hillandale Road and Skyline Drive from R1 to R1 and R2 – see attached. (See Doc. # 241 – February 25 Meeting) # 241 – From Chair on File

16. Res. that the replat transmitted herewith entitled SKYLINE OAKS III, located Northwest of Hillandale Road and Skyline Drive, is hereby approved, and concurrently a portion of the existing plat entitled Skyline Oaks, and described on said replat, is hereby vacated – Inside City – over from 2/25/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 242 – February 25 Meeting) Todd Whitfield, Lamp, Rynearson & Associates, 14710 West Dodge Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 242 – ADOPTED 7-0

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(a) Planning Board and Planning Department recommend approval of the Final Plat of SKYLINE OAKS III, a minor plat inside the city limits, located Northwest of Hillandale Road and Skyline Drive – Inside City – over from 2/25/14 – see attached. (See Doc. # 242 – February 25 Meeting) # 242 – From Chair on File

17. Res. that, the Subdivision Agreement among the City of Omaha, JECK & Company, a Nebraska Corporation, and Mr. Curt Brannon, as recommended by the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Skyline Oaks III (Lots 1-2) and is located northwest of Hillandale Road and Skyline Drive – over from 2/25/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 243 – February 25 Meeting) Todd Whitfield, Lamp, Rynearson & Associates, 14710 West Dodge Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 243 – ADOPTED 7-0

18. Ord. to rezone the property located at 2102 South 105th Street from R1-Single-

Family Residential District (Large Lot) to R2-Single-Family Residential District (Low Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 268 – February 25 and March 4 Meetings) Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road Protestants: Matt Mullen, 10552 Mullen Road Nancy Esterbrook Robert Cochran For the City: James Thele, Planning Director CCID # 268 – Motion by Pahls that the Ordinance be laid over two weeks to March 25, 2014 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0

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(a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2102 South 105th Street from R1 to R2 – see attached. (See Doc. # 268 – February 25 Meeting) # 268 – Over to 03/25/14

19. Res. that the preliminary plat entitled PULLEN PLACE, located at 2102 South 105th Street, along with the attached condition, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 2/25/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 269 – February 25 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road Protestants: Matt Mullen, 10552 Mullen Road Nancy Esterbrook Robert Cochran For the City: James Thele, Planning Director CCID # 269 – Motion by Pahls that the Resolution be laid over two weeks to March 25, 2014 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0

(a) Planning Board and Planning Department recommend approval of the Preliminary Plat of PULLEN PLACE, but DENIAL of a waiver of Section 53-9(9) of the Omaha Municipal Code regarding Sidewalks, located at 2102 South 105th Street – Inside City – over from 2/25/14 – see attached. (See Doc. # 269 – February 25 Meeting) # 269 – Over to 03/25/14

20. Res. that the replat transmitted herewith entitled PULLEN PLACE, located at

2102 South 105th Street, is hereby approved, and concurrently a portion of the existing plat entitled Mullen’s Addition to Rockbrook, and described on said replat, is hereby vacated – Inside City – over from 2/25/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 270 – February 25 Meeting)

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THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road Protestants: Matt Mullen, 10552 Mullen Road Nancy Esterbrook Robert Cochran For the City: James Thele, Planning Director CCID # 270 – Motion by Pahls that the Resolution be laid over two weeks to March 25, 2014 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0

(a) Planning Board and Planning Department recommend approval of the Final Plat of PULLEN PLACE, located at 2102 South 105th Street – Inside City – over from 2/25/14 – see attached. (See Doc. # 270 – February 25 Meeting) # 270 – Over to 03/25/14

21. Res. that, the Subdivision Agreement between the City of Omaha and Bill Pullen and Jean Pullen, husband and wife, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Pullen Place (Lots 1-3) and is located at 2102 South 105th Street – over from 2/25/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 274 – February 25 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road Protestants: Matt Mullen, 10552 Mullen Road Nancy Esterbrook Robert Cochran For the City: James Thele, Planning Director CCID # 274 – Motion by Pahls that the Resolution be laid over two weeks to March 25, 2014 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0

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RESOLUTION RE: PLAT 22. Res. that the plat entitled COUNTRY CLUB ESTATES, located Southwest of 66th

and State Streets, is hereby approved and accepted – Inside City – over from 2/25/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 236 – February 25 Meeting) Scott Loos, Lamp, Rynearson & Associates, 14710 West Dodge Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 236 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the Final Plat of COUNTRY CLUB ESTATES, located Southwest of 66th and State Streets – Inside City – over from 2/25/14 – see attached. (See Doc. # 236 – February 25 Meeting) # 236 – From Chair on File

LIQUOR 23. CLASS “C” – Hatt Boys, Inc., dba “The Brass Monkey”, 5611 South 36th Street.

New application, New location. Property posted: 02-25-14; Notification sent: 02-28-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))

Brock Hatterman, 4930 South 77th Avenue, appeared and spoke.

Motion by Gernandt that the Resolution to GRANT be adopted Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 316 – ADOPTED 7-0

24. CLASS “C” – 5216, LLC, dba “Club 5216”, 5216 North 24th Street. New

application, New location. Property posted: 02-25-14; Notification sent: 02-28-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))

Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke.

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Application read Motion by Gray that the application be amended from a Class “C” Liquor License to a Class “I” Liquor License Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass Motion by Gray that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res. # 317 – ADOPTED AS AMENDED 6-0-1 Pass

25. CLASS “I” – Guckenheimer Services, LLC, dba “Gavilon”, 1331 Capitol Avenue.

New application, New location. Property posted: 02-24-14; Notification sent: 02-28-14. – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))

Kristen Bradley, 10005 South 201st Street, appeared and spoke.

Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 318 – ADOPTED 7-0

26. Hy-Vee, Inc., dba “Hy-Vee Food Store 6”, 9707 “Q” Street, requests permission for a DELETION to their present Class “C” Liquor License location of an area approx. 62’ x 53’ in the Northwest corner – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Scott Schlatter, Hy-Vee, Inc., 3325 Longview Court, Lincoln, NE, appeared and spoke.

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CCID # 319 – Motion by Gray that the request be approved Seconded by Melton ROLL CALL:

Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 27. CLASS “I” – Hy-Vee, Inc., dba “Hy-Vee Restaurant 6”, 9707 “Q” Street. New

application, New location. Property posted: 02-27-14; Notification sent: 02-28-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))

Scott Schlatter, Hy-Vee, Inc., 3325 Longview Court, Lincoln, NE, appeared and spoke.

Motion by Gray that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 320 – ADOPTED 7-0

28. CLASS “I” – Ultra Nail Bar, LLC, dba “Ultra Nail Bar”, 17660 Wright Street, Suite

16. New application, New location. Property posted: 02-26-14; Notification sent: 02-28-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Michael Lestmeister, 19516 Mayberry Street, appeared and spoke. Application read Motion by Thompson that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 321 – ADOPTED AS AMENDED 7-0

(a) Communication from Michael Lesmeister, President of Ultra Nail Bar, LLC, dba “Ultra Nail Bar”, 17660 Wright Street, Suite 16, requesting to amend their application for a Class “I” Liquor License to correct the area to be licensed from 80’ x 24’ to 26’ x 16’ – see attached.

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

29. CATERING – Riley Drive Entertainment XI, LLC, dba “Saints Pub + Patio

Midtown Crossing”, 120 South 31st Avenue, Suite 5103. New application, Old location. Presently hold a Class “I” Liquor License. Property posted: 02-24-14; Notification sent: 02-28-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))

Rebecca Stout, 3220 Farnam Street, appeared and spoke.

Motion by Jerram that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 322 – ADOPTED 7-0

30. Riley Drive Entertainment XI, LLC, dba “Saints Pub + Patio Midtown Crossing”,

120 South 31st Avenue, Suite 5103, requests permission to appoint Rebecca J. Stout manager of their present Class “I” and pending Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Rebecca Stout, 3220 Farnam Street, appeared and spoke.

CCID # 323 – Motion by Jerram that the request be approved

Seconded by Gray ROLL CALL:

Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 31. Borgata Brewing and Distilling, LLC, dba “Borgata Brewing and Distilling”, 1116

Jackson Street, requests permission for an addition to their present Class “C”; Catering; Class “L” and Class “Z” Liquor License location of an outdoor area approx. 10’ x 40’ to the south. Property posted: 02-24-14; Notification sent: 02-28-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Zac Triemert, 1116 Jackson Street, appeared and spoke.

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CCID # 324 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL:

Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 32. Taste Bistro Omaha, LLC, dba “Taste”, 11036 Elm Street, requests permission to

appoint Jeff D. Sachs manager of their present Class “C” and Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Jeff Sachs, 10322 Pacific Street, appeared and spoke.

CCID # 325 – Motion by Thompson that the request be approved

Seconded by Melton ROLL CALL:

Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 33. Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #4929”, 10770 Fort

Street, requests permission to appoint Dale J. Zurkammer manager of their present Package Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Dale Zurkammer, 18601 Chandler Street, appeared and spoke.

CCID # 326 – Motion by Thompson that the request be approved

Seconded by Melton ROLL CALL:

Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 34. Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #5863”, 14460 West

Maple Road, requests permission to appoint Dale J. Zurkammer manager of their present Package Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Dale Zurkammer, 18601 Chandler Street, appeared and spoke. CCID # 327 – Motion by Thompson that the request be approved

Seconded by Melton ROLL CALL:

Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0

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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. 35 through 39 were held on March 4, 2014.) CONSENT AGENDA – ORDINANCES 35. Ord. vacating the south 1 foot of Jackson Street from 15th Street west abutting

Lots 1, 2 and 3, Block 171, Original City of Omaha and providing the effective date hereof – see attached. (See Doc. # 231 – February 25 and March 4 Meetings) Notice of public hearing on March 4, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. CCID # 231 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39939 – PASSED 7-0

(a) Planning Board and Planning Department recommend approval of the vacation of the south 1 foot of Jackson Street from 15th Street west abutting Lots 1, 2 and 3, Block 171, Original City of Omaha – Inside City – see attached. (See Doc. # 231 – February 25 and March 4 Meetings) # 231 – From chair on File

36. Ord. approving the sole five (5)-year contract extension with Deffenbaugh Industries Inc. for OPW 50559-A and OPW 50559-C, being the weekly residential Garbage, Recyclable Material and Yard Waste Collection for the City of Omaha, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to authorize the Finance Department to pay for the costs of this solid waste collection service, as outlined in original contract document and subsequent amendment; to authorize the payments to be paid from a specific account; and to provide an effective date hereof – see attached. (See Doc. # 232 – February 25 and March 4 Meetings) Notice of public hearing on March 4, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014.

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CCID # 232 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39940 – PASSED 7-0

37. Ord. to accept the bid and approve the agreement of Coca-Cola Refreshments to

provide vending machine concessions at the various locations from February 1, 2014, through March 31, 2016. The City reserves the right to extend this contract for a three (3) year term at the sole option of the City, to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchase order in the total amount of $40,767.00, plus 35% of gross receipts; and to provide an effective date – see attached. (See Doc. # 233 – February 25 and March 4 Meetings) Notice of public hearing on March 4, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. CCID # 233 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39941 – PASSED 7-0

38. Ord. to approve a contract between the City of Omaha and the Elkhorn Public

Schools for the City to provide, through its assignment, one Associate School Resource Officer and a marked police cruiser, subject to the availability of such cruiser and Elkhorn’s needs, to the premises of Elkhorn High School, located at 711 Veterans Drive, involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter, to perform police work at the District property twenty (20) hours per week while school is in session during the regular school year, from August 14, 2013 and ending at the close of the 2013 - 2014 school year. The reimbursement payment from the Elkhorn Public Schools to the City will be in the amount of $28.50 per hour for the officer, not to exceed $22,353.00; and to provide for an effective date hereof – see attached. (See Doc. # 234 – February 25 and March 4 Meetings) Notice of public hearing on March 4, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. CCID # 234 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39942 – PASSED 7-0

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39. Ord. to approve a contract between the City of Omaha and Omaha Public Schools for the City to provide, through its assignment, up to ten Associate School Resource Officers and marked police cruisers, subject to the availability of such cruisers and the School District’s needs, to specifically designated locations, involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter, to perform police work within the District 40 hours (or less) per week while school is in session during the regular school year, from the first day of the semester of August, 2013 and ending on July 31, 2014. The reimbursement payment from the Omaha Public Schools to the City will be in the amount of $28.50 per hour for each officer; and to provide an effective date hereof – see attached. (See Doc. # 235 – February 25 and March 4 Meetings) Notice of public hearing on March 4, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on March 11, 2014 published in the Daily Record on March 19, 2014. CCID # 235 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39943 – PASSED 7-0

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

* * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 40 through 46 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 40. Res. that, as recommended by the Mayor, the contract with Swain Construction,

Inc. for OPW 52548, being concrete curb ramp construction at various locations within the City of Omaha in the amount of $477,706.35 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2010 Transportation Fund 13183, Transportation Bond Organization 117117, year 2014 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 309 – ADOPTED 7-0

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41. Res. that, as recommended by the Mayor, the attached Inter-Local HOME Agreement between the City of Omaha and the City of Council Bluffs, 209 Pearl Street, Council Bluffs, Iowa 51503, authorizing the City of Omaha to provide to the City of Council Bluffs a total of $302,220.00 in HOME funds comprised of $167,220.00 in FY 2009 HOME funds and $135,000.00 in FY 2010 HOME funds for down payment assistance toward the purchase of newly constructed single-family homes consisting of seven (7) HOME-assisted units with FY 2009 funds and five (5) HOME-assisted units with FY 2010 funds. These twelve (12) single-family homes will be available to qualified low- and moderate-income households, whose annual household incomes are 80% and below the Median Family Income (MFI), and will be located on sites to be determined at a later date within the City of Council Bluffs, is hereby approved. Funds in the amount of $167,220.00 shall be payable from the FY 2009 and $135,000.00 shall be payable from the FY 2010 HOME Housing Development Program, Fund No. 2470, Organization No. 128071 – see attached.

Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 312 – ADOPTED 7-0

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

City of Omaha and GESU Housing, Inc. (GESU), a Nebraska Non-profit Corporation, Brother Mike Wilmot, S.J., President, 5008 1/2-B Dodge Street, Omaha, Nebraska 68132, to provide $430,000.00 (comprised of $275,000.00 in HOME Program funds, and $155,000.00 in funds from the Nebraska Affordable Housing Trust Fund (NAHTF) to GESU for new construction of five (5) single-family houses to be located in the Clifton Hills South Neighborhood New Single-Family Housing Infill Program Target Area, and the subsequent purchase of one of the HOME, NAHTF and private funded houses by a qualified low- and moderate-income family whose gross annual household income is 80% or below the MFI, is hereby approved. HOME funds in the amount of $275,000.00 shall be paid from the FY 2013 Single-Family New Infill Housing Fund No. 12179, Award No. 100060, Project No. 4132, Organization No. 128071 and $155,000.00 from the NAHTF Award No. 12-TFHP-7059 Fund No. 12141, Organization 128101 – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 313 – ADOPTED 7-0

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43. Res. that, as recommended by the Mayor, the attached invoice with Library Ideas LLC to provide Freegal Music Subscription - Renewal in the amount of $41,900 for one year through December 31, 2014, is hereby approved; and, the Finance Department is authorized to pay the $41,900 cost thereof from the Library’s General Fund 11111, Organization 117016, Object Code 43416, year 2014 expenditures – see attached.

Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 307 – ADOPTED 7-0

44. Res. that, as recommended by the Mayor, the agreement between the City of

Omaha and Heartland Workforce Solutions in the amount of twenty five thousand dollars ($25,000) to provide services to the residents and the citizens of the City of Omaha, including training to improve general workforce development by focusing on work ethics and computer literacy from January 1, 2014 to December 31, 2014, and incorporated herein by this reference, and funding of such project in the total amount of $25,000, is hereby approved. Further that, the Finance Director is authorized to provide payment of $25,000 from 2014 Community Services, General Fund 11111, Organization 131997, Account 46111; and in accordance with the contract terms – see attached.

Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 308 – ADOPTED 7-0

45. 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 three hundred twenty fours dollars and forty eight cents ($24,324.48) for the purchase of thirty six (36) Cyanokits to be used by the OMMRS and its partner agencies, is hereby approved. Further that, the Finance Department of the City of Omaha is authorized to pay Nebraska Methodist Hospital in the amount of $24,324.48 for the purchase of thirty six (36) Cyanokits, budgeted from and funded by the Nebraska Department of Health and Human Services, Division of Public Health, Office of Community & Rural Health, Hospital Preparedness Program, #5U90TP000533-02, Fund 12168, Organization 130757 – see attached.

Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 314 – ADOPTED 7-0

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46. Res. that the attached proposed Interlocal Agreement among the City of Omaha, the County of Sarpy, the County of Douglas and the County of Washington, for the revision and update of an earlier Interlocal Agreement among the same parties that established a Local Workforce Investment Act of 1998, in accordance with the terms and conditions contained in said Agreement, be and hereby is approved and the Mayor is authorized to execute the same on behalf of the City of Omaha – see attached.

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

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

* * * * * * * * * * * * * 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 2/25/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 261 – February 25 Meeting) Joseph Allen, Manager, Omaha Mining Company, 1715 Leavenworth Street, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 261 – ADOPTED 7-0

“PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS

ON AGENDA ITEM NOS. 48 THROUGH 50 SHALL BE HELD ON THE THIRD READING”

ZONING ORDINANCES ON SECOND READING 48. Ord. to rezone the property located at 4409 Dodge Street from GI-General

Industrial District to CC-Community Commercial District. (See Doc. # 297 – March 4 Meeting)

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CCID # 297 – ORDINANCE ON SECOND READING – Final reading to be held on March 18, 2014 as per City Charter requirements.

49. Ord. to approve a Major Amendment to a Mixed Use District Development

Agreement for Thomsen Mile West, to allow Auto sales and Auto repair services, located northeast of 177th Street and West Maple Road between the City of Omaha and Two Wheels, LLC., providing site development standards; and to provide for an effective date – see attached. (See Doc. # 298 – March 4 Meeting) CCID # 298 – ORDINANCE ON SECOND READING – Final reading to be held on March 18, 2014 as per City Charter requirements.

50. Ord. to amend Sections 55-651 through 55-663 of the Omaha Municipal Code; to

adopt new and more detailed digital flood hazard maps for the Elkhorn River; in addition to updating the flood fringe and floodway overlay district regulations; to repeal Sections 55-651 through 55-663 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 299 – March 4 Meeting) CCID # 299 – ORDINANCE ON SECOND READING – Final reading to be held on March 18, 2014 as per City Charter requirements.

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

ORDINANCES ON SECOND READING 51. Ord. authorizing the issuance of a purchase order to Deffenbaugh Industries, Inc.

in the amount of $70,772.00 annually for collection of solid waste from Omaha Housing Authority (OHA) containers at various locations throughout the City; the contract term is for five years commencing approximately March 1, 2014, with the City’s option to extend up to two additional two-year terms; to provide for payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments from the General Fund 11111, Solid Waste Collection and Disposal Organization 116321; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 300 – March 4 Meeting) CCID # 300 – Public hearing was held today – Final reading set for March 18, 2014 as per City Charter requirements.

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52. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Ulferts Row House Property Management, LLC, a Nebraska limited liability company, David Ulferts, sole member and ENLR, LLC, a Nebraska limited liability company, Jeff Royal, sole member – Ulferts Row House Property Management, LLC and ENLR, LLC as tenants-in-common – to implement the Traver’s Row Tax Increment Financing (TIF) Redevelopment Project Plan generally located at 26th and St. Mary’s Avenue proposing the complete rehabilitation of 10 historic duplex apartment buildings, the rehabilitation of a structure which contains a commercial space – the former Super Bee Mart – and the apartments above, and the provision of parking at the surface lot directly east of the project site; the agreement authorizes the use of up to $390,997.00 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. ((PUBLIC HEARING TODAY)) (See Doc. # 301 – March 4 Meeting) Bridget Hadley, Planning Department, appeared and spoke. CCID # 301 – Public hearing was held today – Final reading set for March 18, 2014 as per City Charter requirements.

53. Ord. to approve a Maintenance Addendum to Master Software License

Agreement between City of Omaha and ZOLL Data Systems, Inc., a Delaware corporation in the initial amount of $20,900 per year for a period up to five years; such Maintenance Agreement is to be for the benefit of the City of Omaha Fire Department in support of the RescueNet ePCR Suite purchased by Resolution No. 1677 on December 17, 2013; such Maintenance Agreement involves the appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to authorize the Finance Department to make payment for specified accounts; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 304 – March 4 Meeting) CCID # 304 – Public hearing was held today – Final reading set for March 18, 2014 as per City Charter requirements.

54. Ord. to approve an agreement between the City of Omaha and the State of

Nebraska District #4 Probation Office in the amount of twenty eight thousand five hundred dollars ($28,500) during the period of October 1, 2013 to September 30, 2016; to provide funding toward a full-time Field Service Officer, dedicated to supervising domestic violence offenders; 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. # 302 – March 4 Meeting) CCID # 302 – Public hearing was held today – Final reading set for March 18, 2014 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 approve a Major Amendment to a Major Development Overlay District

Development Agreement, to allow for the installation of a 124 foot broadcast tower, for property located at 5933 South 118th Circle between the City of Omaha and SBA Communications Corporation, providing site development standards; and to provide for an effective date – see attached. CCID # 310 – Publication to be made and public hearing and third reading to be held on March 25, 2014 as per City Charter requirements.

(a) Planning Board and Planning Department recommend approval of a Major Amendment to a Major Development Overlay District Development Agreement, to allow for the installation of a 124 foot broadcast tower, for property located at 5933 South 118th Circle – see attached.

# 310 – Over to 03/25/14

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

“PURSUANT TO CITY COUNCIL RULE VII C

THE PUBLIC HEARING ON AGENDA ITEM NO. 56

SHALL BE HELD ON THE SECOND READING” ORDINANCE ON FIRST READING 56. Ord. to approve a three-year agreement with two one-year options between the

City of Omaha and WageWorks, Inc. to provide flexible benefit plan administrative services at an anticipated annual cost of thirty thousand one hundred thirty-two dollars ($30,132); to authorize the Finance Director to make payment in conformance therewith and to provide an effective date – see attached.

CCID # 311 – Publication to be made and public hearing to be held on March 18, 2014 as per City Charter requirements.

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

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CHAIRMAN OF THE BOARD OF EQUALIZATION 57. Chairman of the Board of Equalization reports approval of the Plans of

Assessment, with adjustments and corrections made, at their regular meeting held March 4, 2014 – see attached. ((MOTION NEEDED TO APPROVE))

CCID # 330 – Motion by Gray that the report be approved Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0

EXECUTIVE SESSION 58. Motion to go into Executive Session for the purpose of discussing labor

negotiations, personnel matters and litigation.

SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MARCH 11, 2014

LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED MARCH 10, 2014 AT 11:00 A.M. ADDITIONAL RESOLUTION

59. Res. that the nomination and appointment by Mayor Jean Stothert of Eric L.

Butler as a member of the Airport Authority Board to serve a five-year term commencing upon confirmation by the City Council and expiring March 12, 2019, be and hereby is confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

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

Motion by Gernandt that the meeting be adjourned Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 ADJOURNED: 3:02 P.M.

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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 11th, 2014. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 13th DAY OF MARCH, 2014.