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2020-07-28j __________________________________________ JOURNAL RECORD CITY OF OMAHA CITY COUNCIL MEETING TUESDAY, JULY 28, 2020 @ 2:00 PM LEGISLATIVE CHAMBERS, 1819 FARNAM STREET OMAHA, NEBRASKA OMAHA CITY COUNCILMEMBERS Chris Jerram – Council President District 3 Vinny Palermo – Council Vice President District 4 Pete Festersen District 1 Ben Gray District 2 Rich Pahls District 5 Brinker Harding District 6 Aimee Melton District 7 - 2 - THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, July 28, 2020 at 2:00 PM in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Chris Jerram. CALL TO ORDER City Clerk Elizabeth Butler took the Roll Call: Present were Councilmembers Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President (Jerram) – CCID # 2020-0715. Council President Chris Jerram led those present in the Pledge of Allegiance. Councilmember Vinny Palermo of District 4 provided remarks. CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT City Clerk Elizabeth Butler certified publication in the Daily Record, the Official Newspaper of the City of Omaha, on July 24, 2020, notice of the Pre-Council and Regular City Council Meetings, July 28, 2020 – CCID # 2020-0716. Ms. Butler stated that a current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. PRESENTATIONS AND PROCLAMATIONS None PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS ARBOR VIEW 6. RES. 2020-0717 – Res. that, the Preliminary Plat entitled Arbor View (Lots 382-641, Outlots I-N), a subdivision outside city limits, located southeast of 216th and Fort Streets, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Charleston Homes, LLC – Outside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. Council President Chris Jerram opened the Public Hearing on Item 6. The following person(s) appeared and spoke: PROPONENTS: Kyle Vohl, E&A Consulting Group, 10909 Mill Valley Road No one else came forward, and the public hearing was closed. MOTION by Harding, SECOND by Melton that RESOLUTION # 2020-0717 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 - 3 - NATIONAL SUBDIVISION REPLAT 1 City Clerk Elizabeth Butler stated that Items 7 and 8 relate to the same project and would be considered together. Required notices of public hearings relating to this development were published in the Daily Record on July 14, 2020. 7. RES. 2020-0638 – Res. that, the Preliminary Plat entitled National Subdivision Replat 1, a minor plat inside city limits, located at 4421 and 4427 South 76th Circle, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Elliott Equipment Company – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 8. RES. 2020-0639 – Res. that, the Final Plat entitled National Subdivision Replat 1, a minor plat inside city limits, located at 4421 and 4427 South 76th Circle, is hereby approved and accepted; and the replat transmitted herewith entitled National Subdivision Replat 1, a minor plat inside city limits, located at 4421 and 4427 South 76th Circle, is hereby approved, and concurrently a portion of the existing plat entitled National Subdivision, and described on said replat, is hereby vacated. The applicant is Elliott Equipment Company – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. Council President Chris Jerram opened the Public Hearing on Items 7 and 8. The following person(s) appeared and spoke: PROPONENTS: Mark Westergard, E&A Consulting Group, 10909 Mill Valley Road No one else came forward, and the public hearing was closed. MOTION by Gray, SECOND BY Festersen that the following items be approved: Item # 7 RESOLUTION # 2020-0638; and, Item # 8 RESOLUTION # 2020-0639; ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 JOBMAN ADDITION City Clerk Elizabeth Butler stated that Items 9 through 13 relate to the same project and would be considered together. Required notices of public hearings relating to this development were published in the Daily Record on July 14, 2020. - 4 - 9. ORD. 42280 – An ordinance to rezone the property located at 5110 Spaulding Street from R4(35)-Single-Family Residential District to R5-Urban Family Residential District – (First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 10. ORD. 42281 – An ordinance to approve a PUD-Planned Unit Development Overlay District in an R5-Urban Family Residential District located at 5110 Spaulding Street, to approve the Development Plan – (First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 11. RES. 2020-0635 – Res. that, the Preliminary Plat entitled Jobman Addition, located at 5110 Spaulding Street, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Orchard Valley, Inc – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 12. RES. 2020-0636 – Res. that, the Final Plat entitled Jobman Addition, located at 5110 Spaulding Street, is hereby approved and concurrently a portion of the existing plat entitled Sierra Group 1st Addition, and described on said replat, is hereby vacated. The applicant is Orchard Valley, Inc – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. B. Communication in opposition – see attached. 13. RES. 2020-0637 – Res. that, the Subdivision Agreement among the City of Omaha, Orchard Valley, Inc., and The Jobman Addition Homeowners Association, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Jobman Addition (Lots 1-4) and is located at 5110 Spaulding Street – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Chris Jerram opened the Public Hearing on Items 9 through 13. The following person(s) appeared and spoke: PROPONENTS: Mark Westergard, E&A Consulting Group, 10909 Mill Valley Road No one else came forward, and the public hearing was closed. MOTION by Gray, SECOND BY Melton that the following items be approved: Item # 9 ORDINANCE # 42280; Item # 10 ORDINANCE # 42281; Item # 11 RESOLUTION # 2020-0635; Item # 12 RESOLUTION # 2020-0636; and, Item # 13 RESOLUTION # 2020-0637; - 5 - ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 MILLWORK COMMONS City Clerk Elizabeth Butler stated that Items 14 through 19, as well as Item 27, relate to the same project and would be considered together. Required notices of public hearings relating to this development were published in the Daily Record on July 14, 2020. 14. ORD. 42284 – An ordinance to rezone property located northeast of 14th and Nicholas Streets from CBD-Central Business District and HI-Heavy Industrial District to CBD- Central Business District – (First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020) – see attached. (PUBLIC HEARING AND VOTE TODAY) 15. ORD. 42285 – An ordinance to rezone property located northeast of 14th and Nicholas Streets from CBD-Central Business District and HI-Heavy Industrial District to HI-Heavy Industrial District – (First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 16. ORD. 42286 – An ordinance to amend the boundaries of the NCE-Neighborhood Conservation Overlay District, to incorporate into that district the property located northeast of 14th and Nicholas Streets; to approve an amendment to the Urban Design Element of the Master Plan for the City of Omaha to incorporate the Millwork Commons NCE District Plan into the Master Plan – (First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 17. ORD. 42287 – An ordinance to rescind the ACI-1-Areas of Civic Importance Overlay District, for property located northeast of 14th and Nicholas Streets – (First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 18. RES. 2020-0640 – Res. that, the Final Plat transmitted herewith entitled Millwork Commons (Lots 1-7 and Outlot A), a subdivision inside the city limits, located northeast of 14th and Nicholas Streets, is hereby approved, and concurrently a portion of the existing plats entitled The Original City of Omaha and The Coal Yard Replat 2, and described on said replat, is hereby vacated. The applicant is Paul Smith – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. - 6 - 19. RES. 2020-0641 – Res. that, the Subdivision Agreement between the City of Omaha and Millwork District I, LLC, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Millwork Commons (Lots 1-7 and Outlot A) and is located northeast of 14th and Nicholas Streets. The City shall reimburse Millwork District I, LLC, for the cost of the 12th Street sewer, not to exceed $133,804.00, from the Combined Sewer Renovation (RNC), Organization 116912, Fund 21124 – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Chris Jerram opened the Public Hearing on Items 14 through 19 and Item 27. The following person(s) appeared and spoke: PROPONENTS: Katie Underwood, Olsson Associates, 2111 South 67th Street – Items #14 - #19 Debra Christiansen, Bluestone Development, 5110 Mayberry Street – Item #27 No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND BY Gray that the following items be approved: Item # 14 ORDINANCE # 42284; Item # 15 ORDINANCE # 42285; Item # 16 ORDINANCE # 42286; Item # 17 ORDINANCE # 42287; Item # 18 RESOLUTION # 2020-0640; and, Item # 19 RESOLUTION # 2020-0641; ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 City Council President Jerram requested that Item #27 be moved up on the agenda. There were no objections, and so ordered. TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTION 27. RES. 2020-0545 – Res. that, the Millwork Parcel 8 Apartments Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project site located at 1200 North 12th Street, which proposes an infill redevelopment project with a five story mixed- use building containing residential, retail and office space, and authorizes the City’s participation through the allocation of TIF in an amount up to $3,425,000.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to acquisition, site preparation costs, architectural and engineering fees, and public improvements as required, containing a provision for the division of ad valorem taxes as authorized by Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and determined to be in conformance with the Community Development Law and as recommended by the City Planning Department, be and hereby is approved – see attached. (POSTPONED FROM THE JUNE 23, 2020 CITY COUNCIL MEETING, PUBLIC HEARING AND VOTE TODAY) A. Amendment of the Whole requested by the Planning Department for a new TIF amount of $3,781,663.00 – see attached. MOTION by Melton, SECOND by Gray that the Amendment of the Whole for RESOLUTION # 2020-0545 be approved ROLL CALL: - 7 - Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 MERIDIAN ADDITION City Clerk Elizabeth Butler stated that Items 20 through 24 relate to the same project and would be considered together. Required notices of public hearings relating to this development were published in the Daily Record on July 14, 2020. 20. ORD. 42288 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay District in a GO-General Office District (property is located within an ACI-Areas of Civic Importance Overlay District), located southwest of 72nd Street and West Center Road, to approve the Development Plan – (First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 21. RES. 2020-0679 – Res. that, the Preliminary Plat entitled Meridian Addition, a minor plat inside city limits, located southwest of 72nd Street and West Center Road, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Jim Hughes-Meridian Development, LLC – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 22. RES. 2020-0680 – Res. that, the Final Plat entitled Meridian Addition, a minor plat inside city limits, southwest of 72nd Street and West Center Road, is hereby approved and accepted; and that the replat transmitted herewith entitled Meridian Addition, a minor plat inside city limits, located southwest of 72nd Street and West Center Road, is hereby approved, and concurrently a portion of the existing plat entitled Westgate Addition, and described on said replat, is hereby vacated. The applicant is Jim Hughes- Meridian Development, LLC – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. B. Communications in opposition – see attached. 23. RES. 2020-0681 – Res. that, the Subdivision Agreement between the City of Omaha and 2808 Partners, LLC, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Meridian Addition (Lot 1) and is located southwest of 72nd Street and West Center Road – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Chris Jerram opened the Public Hearing on Items 20 through 24. The following person(s) appeared and spoke: PROPONENTS: Jon Blumenthal, Baird Holm, 1700 Farnam Street OPPONENTS: Terry Anderson, 8011 Ontario Street - 8 - Mary Powell, 3005 South 72nd Avenue FOR THE CITY: Dave Fanslau, Planning Department Director No one else came forward, and the public hearing was closed. MOTION by Gray, SECOND BY Harding that the following items be approved: Item # 20 ORDINANCE # 42288; Item # 21 RESOLUTION # 2020-0679; Item # 22 RESOLUTION # 2020-0680; and, Item # 23 RESOLUTION # 2020-0681; ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 24. RES. 2020-0546 – Res. that, the Meridian at 72nd and West Center Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project site located at 2808 South 72nd Street, which proposes the demolition of a vacant hotel and lounge and the new construction of a 277 unit market rate apartment complex with a mix of studio, one and two bedroom units, and authorizes the City’s participation through the allocation of TIF in an amount up to $5,876,535.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to acquisition, site work, engineered foundations, architectural and engineering fees, and public improvements as required, containing a provision for the division of ad valorem taxes as authorized by Section 18- 2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and determined to be in conformance with the Community Development Law and as recommended by the City Planning Department, be and hereby is approved – see attached. (POSTPONED FROM THE JUNE 23, 2020 CITY COUNCIL MEETING, PUBLIC HEARING AND VOTE TODAY) MOTION by Gray, SECOND BY Harding that RESOLUTION # 2020-0546 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ PLANNING ORDINANCES ON FINAL READING WITH PLANNING BOARD ATTACHMENTS Required notices of public hearings relating to this development were published in the Daily Record on July 14, 2020. 25. ORD. 42282 – An ordinance to rezone property located at 3737 Lake Street from GI- General Industrial District to R5-Urban Family Residential District – (First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. Council President Chris Jerram opened the Public Hearing on Item 25. - 9 - The following person(s) appeared and spoke: PROPONENTS: Caerhl Irey, 3719 Ohio Street No one else came forward, and the public hearing was closed. MOTION by Gray, SECOND by Harding that ORDINANCE # 42282 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 Required notices of public hearings relating to this development were published in the Daily Record on July 14, 2020. 26. ORD. 42283 – An ordinance to rezone property located at 4723 South 49th Avenue from DR-Development Reserve District to R5-Urban Family Residential District – (First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. Council President Chris Jerram opened the Public Hearing on Item 26. No one came forward, and the public hearing was closed. MOTION by Palermo, SECOND by Festersen that ORDINANCE # 42283 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ LIQUOR 28. RES. 2020-0735 – Class “C” Liquor License Application – CPG Hotel Management, LLC, dba “Aksarben Suites Omaha”, 7270 Cedar Street. (This is a new application for a new location). Notice was posted on the property on 07-15-2020; Notification was sent to property owners within 500 feet on 07-17-2020 – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Chris Jerram opened the Public Hearing on Item 28. The following person(s) appeared and spoke: PROPONENTS: Ryan Ricke, Fraser Stryker, 409 South 17th Street No one else came forward, and the public hearing was closed. - 10 - MOTION by Harding, SECOND by Jerram that RESOLUTION # 2020-0735 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 29. RES. 2020-0736 – Class “CK” Liquor License Application – Old Market Ventures, LLC, dba “Jams Grill & Bar”, 7814 Dodge Street. (This is a new application for an old location). Present licensee is Jams Enterprises, LLC, dba “Jams Grill & Bar”, who has a Class “CK” Liquor License – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Chris Jerram opened the Public Hearing on Item 29. The following person(s) appeared and spoke: PROPONENTS: John Sgourakis, 1550 Skylark Drive, for Cutchall Management No one else came forward, and the public hearing was closed. MOTION by Festersen, SECOND by Gray that RESOLUTION # 2020-0736 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 30. RES. 2020-0737 – Class “C” Liquor License Application – Rise Up Maple, LLC, dba “The Corner Kick”, 16268 Evans Plaza. (This is a new application for an old location). Currently licensed to Growling Moose, LLC, dba “Mars Bar and Grill”, who has a Class “CKG” Liquor License and a Music Venue Permit – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Chris Jerram opened the Public Hearing on Item 30. The following person(s) appeared and spoke: PROPONENTS: Paul and Rachel McCrae, 17057 Weir Street No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that RESOLUTION # 2020-0737 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 31. RES. 2020-0738 – Class “C” Liquor License Application – Rubio, Morgan W., dba “Patron Sports Bar”, 6801 Railroad Avenue. (This is a new application for a new location). Formerly licensed to Rios, Claudia R, who held a Class “C” Liquor License. - 11 - Notice was posted on the property on 07-16-2020; Notification was sent to property owners within 500 feet on 07-17-2020 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communications in opposition – see attached. Council President Chris Jerram opened the Public Hearing on Item 31. The following person(s) appeared and spoke: PROPONENTS: Morgan Rubio, Patron Sports Bar, 6801 Railroad Avenue No one else came forward, and the public hearing was closed. MOTION by Palermo, SECOND by Festersen that RESOLUTION # 2020-0738 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 32. RES. 2020-0739 – Class “I” Liquor License Application – Chipotle Mexican Grill, Inc., dba “Chipotle Mexican Grill”, 333 N Saddle Creek Road. (This is a new application for a new location). Notice was posted on the property on 07-22-2020; Notification was sent to property owners within 500 feet on 07-17-2020 – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Chris Jerram opened the Public Hearing on Item 32. The following person(s) appeared and spoke: PROPONENTS: Ryan Ricke, Fraser Stryker, 409 South 17th Street No one else came forward, and the public hearing was closed. MOTION by Gray, SECOND by Harding that RESOLUTION # 2020-0739 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 33. RES. 2020-0740 – Class “I” Liquor License Application – Dano1_Consortium, Inc., dba “Lux”, 5018 Underwood Avenue. (This is a new application for an old location). Trade name change from Acadian to Lux. Late renewal for the 2020-2021 licensing year – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Chris Jerram opened the Public Hearing on Item 33. The following person(s) appeared and spoke: PROPONENTS: - 12 - Dan O’Brien, 5515 Howard Street No one else came forward, and the public hearing was closed. MOTION by Gray, SECOND by Festersen that RESOLUTION # 2020-0740 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 34. RES. 2020-0741 – Class “D” Liquor License Application – Kum & Go, LC, dba “Kum & Go #7703”, 1180 Capitol Avenue. (This is a new application for a new location). Notice was posted on the property on 07-22-2020; Notification was sent to property owners within 500 feet on 07-17-2020 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communication in opposition – see attached. Council President Chris Jerram opened the Public Hearing on Item 34. The following person(s) appeared and spoke: PROPONENTS: Janelle Bowen, 4810 North 175th Avenue No one else came forward, and the public hearing was closed. MOTION by Gray, SECOND by Festersen that RESOLUTION # 2020-0741 be approved ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 35. RES. 2020-0742 – Class “M” Liquor License Application (Bottle Club) – Club 120, Inc., dba “Infinity”, 2615 South 120th Street. (This is a new application for an old location). Hustler Club was approved for a Class “C” Liquor License. Notice was posted on the property on 07-15-2020; Notification was sent to property owners within 500 feet on 07- 17-2020 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communication in opposition – see attached. Council President Chris Jerram opened the Public Hearing on Item 35. The following person(s) appeared and spoke: PROPONENTS: Shane Harrington, 5510 North 83rd Street FOR THE CITY: Ryan Wiesen, Assistant City Attorney, Law Department No one else came forward, and the public hearing was closed. - 13 - MOTION by Gray, SECOND by Jerram that RESOLUTION # 2020-0742 be postponed to the August 11, 2020, City Council Meeting ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ CONSENT AGENDA City Clerk Elizabeth Butler stated that any member of the City Council may cause any item placed on the Consent Agenda to be removed. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise provided by the City Council Rules of Order. Council President Jerram announced that the public hearings on Agenda Items 36 through 46 were held on July 21, 2020. CONSENT AGENDA – ORDINANCES 36. ORD. 42276 – An ordinance vacating a portion of the north/south alley south of Vinton Street, between 17th and 18th Streets, abutting Lots 4 and 5, Block 0 of J E Riley’s Subdivision Addition, Douglas County, Nebraska; providing for the reversion or transfer of the same – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 37. ORD. 42277 – An ordinance vacating the north/south alley south of Charles Street, east of North 18th Street to the dead end, abutting Lots 10 through 15, Block C of Horbach’s Subdivision in Horbach’s 1st Addition, and Lot 1, Block 0 of Omaha Campus of Hope Addition, and Lot 2, Block 0 of New Visions Condos Addition, Douglas County, Nebraska; providing for the reversion or transfer of the same – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 38. SPECIAL ORD. 10281 – An ordinance levying a special tax and assessment on all lots and pieces of real estate within Street Improvement District (SID) 6880, in the City of Omaha, to cover the cost of constructing and improving South 164th Street, from Poppleton Avenue to Peterson Drive, in Portland cement concrete – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. 39. ORD. 42271 – An ordinance to amend certain portions of Special Ordinance No. 10277, levying a special tax and assessment on certain lots, parts of lots, and pieces of real estate in the City of Omaha, to cover the cost of constructing sidewalks in District No. SWR 2019-01, to reduce the assessment on the property located at 4743 S 16th Street in the amount of $638.40 plus accrued interest – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. - 14 - 40. ORD. 42272 – An ordinance approving an Agreement between the City of Omaha, the Omaha Public Power District (OPPD), and the Heartwood Preserve Master Property Owners Association (S&ID 583), involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which the Heartwood Preserve Master Property Owners Association will hire and pay a contractor to install and maintain non-City standard street lights throughout the Heartwood Development (S&ID 583); to authorize the Finance Department to pay annual sums following future annexation of the Heartwood Preserve Development, not to exceed the agreed to baseline amount for City Standard street lights from the Street and Highway Allocation Fund 12131, Street Lighting Organization 116211 – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. 41. ORD. 42278 – An ordinance to approve an Amendment to the Land Use Element of the Omaha Master Plan to expand the density corridor designation along the existing corridors of West Center, West Dodge and West Maple Roads, and to add a 204th Street corridor – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. 42. ORD. 42279 – An ordinance to approve an Amendment to the Transportation Element of the Omaha Master Plan to expand the density corridor designation along the existing corridors of West Center, West Dodge and West Maple Roads, and to add a 204th Street corridor – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 43. ORD. 42273 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and 38th & Leavenworth, LLC (subsidiary of Burlington Capital), to implement the 3814 Leavenworth Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 3814 Leavenworth Street, which proposes an infill redevelopment project that will transform a vacant site into a five-story, multi-family, market-rate 172 unit apartment building comprised of studios, one- and two-bedroom units and enclosed parking; the agreement authorizes the use of up to $3,300,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. 44. ORD. 42274 – An ordinance to accept the bid of Waste Management in the total amount of $30,645.00 to provide rubbish container services to the four (4) 18-hole Golf Courses, located at Benson Golf Course, Elmwood Golf Course, Johnny Goodman Golf Course and Knolls Golf Course; and to the four (4) 9-hole Golf Courses, Spring lake Golf Course, Steve Hogan Golf Course, Warren Swigart Golf Course and Westwood Golf Course, Omaha, Nebraska. This is a one year agreement, with the option to renew for two (2) one-year terms, to authorize annual payments as specified therein in the amount of $10,215.00 per year, for a total amount of $30,645.00 – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. - 15 - 45. ORD. 42275 – An ordinance to ratify an Investment Manager Agreement involving the payment of funds from appropriations of more than one (1) year in accordance with Section 5.17 of the Home Ruler Charter of the City of Omaha, 1956, as amended, between the City of Omaha and Scout Investments, Inc.; to provide services as an investment manager to invest and reinvest City assets as determined by the Finance Director with such fees to be based on a ratio of the assets being invested at 0.10% for the first hundred million and 0.05% for any amount over that – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. 46. ORD. 42289 – An ordinance to amend Omaha Municipal Code, Chapter 13, Article IV, entitled “Fair Housing,” Sections 13-300, 13-321, 13-322. 13-323, and 13-330; to add provisions prohibiting housing discrimination on the basis of sexual orientation and gender identity – (First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading July 28, 2020) – see attached. MOTION by Gray, SECOND by Festersen that the following items be approved: Item # 36 ORDINANCE # 42276; Item # 37 ORDINANCE # 42277; Item # 38 SPECIAL ORDINANCE # 10281; Item # 39 ORDINANCE # 42271; Item # 40 ORDINANCE # 42272; Item # 41 ORDINANCE # 42278; Item # 42 ORDINANCE # 42279; Item # 43 ORDINANCE # 42273; Item # 44 ORDINANCE # 42274; Item # 45 ORDINANCE # 42275; and, Item # 46 ORDINANCE # 42289; ROLL CALL VOTE: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ Council President Jerram announced that the public hearings on Agenda Items 47 through 63 were today. He asked that anyone that wished to address the City Council regarding these items please come to the microphone, indicate the Agenda Item Number being addressed, and to state their name, address, who they represent, and if they were speaking as a proponent or opponent. CONSENT AGENDA – RESOLUTIONS 47. RES. 2020-0743 – Manager Application – IRC II, Inc., dba “The Arboretum”, 8141 Farnam Street and Immanuel Retirement Communities, dba “Lakeside Village”, 17475 Frances Street, requests permission to appoint Samuel J. Voss manager of their present Class “I” Liquor License locations – see attached. 48. RES. 2020-0744 – Manager Application – Paxton Chop House, LLC, dba “801 Chop House”, 1403 Farnam Street, requests permission to appoint Elizabeth M. Wallace manager of their present Class “I” Liquor License location – see attached. 49. RES. 2020-0721 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Trek Bicycle Corporation dba B-Cycle LLC, in the amount of $169,590.00, for the purchase of seventy (70) Bicycles and accessories, to be utilized by the Parking Division. (The Finance Department is authorized to pay the cost of this purchase from the Parking Revenue Fund 21116, Parking Heartland Park Organization 116235, year 2020 funding.) – see attached. - 16 - 50. RES. 2020-0722 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Road Builders Machinery, Inc., in the amount of $382,800.00, for the purchase of four (4) Street Flushers with Rear Engine Driven Water Pumps, to be utilized by the Street Maintenance Division. (The Finance Department is authorized to pay the cost of this purchase from the Street and Highway Allocation Fund 12131, Pavement Maintenance Fund 116158, year 2020 funding.) – see attached. 51. RES. 2020-0723 – Res. that, as recommended by the Mayor, the contract with Spencer Management LLC, in the amount of $2,196,775.00, for OPW 53865, being the Concrete Panel Repair, 2020-M Project, is hereby approved. (The Finance Department is authorized to pay the cost of $2,196,775.00 from the 2020 Street Preservation Bond Fund 13191, Transportation Bonds 117117.) – see attached. 52. RES. 2020-0724 – Res. that, as recommended by the Mayor, the contract with Spencer Management LLC, in the amount of $1,045,825.00, for OPW 53861, being the Concrete Panel Repair, 2020-I Project, is hereby approved. (The Finance Department is authorized to pay the cost of $1,045,825.00 from the 2020 Street Preservation Bond Fund 13191, Transportation Bonds 117117.) – see attached. 53. RES. 2020-0725 – Res. that, as recommended by the Mayor, the contract with Pave 911, LLC, in the amount of $91,975.00, for OPW 53873, being the Concrete Speed Bumps at Various Locations Project, is hereby approved. (The Finance Department is authorized to pay the cost of $91,975.00 from the Street and Highway Allocation Fund 12131, Capital (Traffic) Organization 116189, year 2020 expenditure.) – see attached. 54. RES. 2020-0726 – Res. that, as recommended by the Mayor, the Professional Services Agreement with Walker Consultants, in the amount of $140,000.00, to provide professional services on the 2020 Parking Study and Financial Analysis Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $140,000.00, from the Parking Revenue Fund 21116, Parking Administration Organization 116241, year 2020 funding.) – see attached. A. Communication in support – see attached. 55. RES. 2020-0729 – Res. that, as recommended by the Mayor, the Professional Services Agreement with HNTB Corporation, with the City’s local share of $49,564.42, to provide professional services on OPW 52487 TCSP-28 (114) CN 22571 being the North Downtown Riverfront Pedestrian Connector Bridge Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $49,564.42, from the 2018 Transportation Bond Fund 13185, Transportation Bonds Organization 117117.) – see attached. 56. RES. 2020-0727 – Res. that, as recommended by the Mayor, Amendment No. 6 to the Professional Services Agreement with George Butler Associates, Inc., in the amount of $202,747.00, for professional engineering services on OPW 53206 (CSO), being the Cole Creek CSO 204 Area – Phase 3 Combined Sewer Separation Project, is hereby approved. (The Finance Department is authorized to pay the additional fee not to exceed $202,747.00, of which is to be paid from the Sewer Revenue Improvement Fund 21124, CSO Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project.) – see attached. 57. RES. 2020-0728 – Res. that, as recommended by the Mayor, the Program Agreement between the City of Omaha and the Nebraska Department of Transportation (NDOT) for Project S-75-2(1081), State Control No. 22809 and OPW 53920, being the US-75 - 17 - Whitmore North - US 75 from Whitmore to Sargent Project, comprised of resurfacing work on Highway US-75. (NDOT agrees to pay all the construction costs of the Project, which is currently estimated at $1,500,000.00. The City Council hereby authorizes the Mayor and City Clerk to sign the Agreement on behalf of the City of Omaha.) – see attached. 58. RES. 2020-0730 – Res. that, the contract with Midwest DCM, in the amount of $196,074.00, for Charles Street public improvements, including a new street from 16th to 17th Street, is hereby approved. (The Finance Department is authorized to pay $196,074.00 from FY 2019 Fund No. 12186, Organization No. 128072, Project No. 5971.) – see attached. 59. RES. 2020-0731 – Res. that, as recommended by the Mayor, the Agreement between the City of Omaha and Goodwin Industries, LLC, in the amount of $300,000.00 in FY 2019 funds that will provide façade improvements to the Goodwin’s Spencer Street Barbershop located at 3116 North 24th Street and the removal of the cement pad on the adjoining lot, is hereby approved. (Funds shall be paid from the Community Development Block Grant, Award No. 100682, Project No. 5971.) – see attached. 60. RES. 2020-0732 – Res. that, as recommended by the Mayor, the purchase based upon the contract pricing of Midwest Turf & Irrigation in the amount of $62,451.00 for one (1) Toro Groundsmaster 4000-D mower, is hereby accepted. (The Finance Department is authorized to pay the cost of the Toro Groundsmaster 4000-D mower in the amount of $62,451.00 from the Golf Operations Fund No. 21114 and Organization No. 115519, Knolls Golf Course.) – see attached. COUNCIL PRESIDENT JERRAM ANNOUNCED THAT AGENDA ITEM 61 WAS REMOVED FROM THE CONSENT AGENDA. 61. RES. 2020-0733 – Res. that, as recommended by the Mayor, the purchase from Lawmen’s & Shooters’ Supply, Inc. in the amount $25,865.47 for the purchase of Night Vision Equipment for Omaha Police Department, a Tri-County region partner, is hereby approved. (The Finance Department of the City of Omaha is authorized to pay Lawmen’s & Shooters’ Supply, Inc. in the amount of $25,865.47 for the purchase of Night Vision Equipment, budgeted from and funded by the Nebraska Emergency Management Agency (NEMA) FY 2018 State Homeland Security Grant, Award #EMW- 2018-SS-00037-S01, Fund 12151, Organization 130762.) – see attached. (REMOVED FROM CONSENT AGENDA) 62. RES. 2020-0734 – Res. that, the nomination and reappointment by Mayor Stothert of Bradley J. Swerczek as a member of the Park and Recreation Board, to serve a three- year term commencing September 16, 2020 and expiring September 15, 2023, be and hereby is confirmed and approved – see attached. 63. RES. 2020-0745 – Res. that, the appointment by Mayor Jean Stothert of Vicki Melvin as the responsible tenant member with a duration over three years in a residential unit within the city or the jurisdiction of the city, but not within the city council district with the highest number of properties with currently cited and pending violations of the Property Maintenance Appeals Board, commencing July 28, 2020 and expiring July 27, 2023, is hereby confirmed and approved – see attached. MOTION by Gray, SECOND by Harding that the following items be approved: Item # 47 RESOLUTION # 2020-0743; Item # 48 RESOLUTION # 2020-0744; Item # 49 RESOLUTION # 2020-0721; Item # 50 RESOLUTION # 2020-0722; - 18 - Item # 51 RESOLUTION # 2020-0723; Item # 52 RESOLUTION # 2020-0724; Item # 53 RESOLUTION # 2020-0725; Item # 54 RESOLUTION # 2020-0726; Item # 55 RESOLUTION # 2020-0729; Item # 56 RESOLUTION # 2020-0727; Item # 57 RESOLUTION # 2020-0728; Item # 58 RESOLUTION # 2020-0730; Item # 59 RESOLUTION # 2020-0731; Item # 60 RESOLUTION # 2020-0732; Item # 62 RESOLUTION # 2020-0734; and, Item # 63 RESOLUTION # 2020-0745; ROLL CALL VOTE: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 61. RES. 2020-0733 – Res. that, as recommended by the Mayor, the purchase from Lawmen’s & Shooters’ Supply, Inc. in the amount $25,865.47 for the purchase of Night Vision Equipment for Omaha Police Department, a Tri-County region partner, is hereby approved. (The Finance Department of the City of Omaha is authorized to pay Lawmen’s & Shooters’ Supply, Inc. in the amount of $25,865.47 for the purchase of Night Vision Equipment, budgeted from and funded by the Nebraska Emergency Management Agency (NEMA) FY 2018 State Homeland Security Grant, Award #EMW - 2018-SS-00037-S01, Fund 12151, Organization 130762.) – see attached. A. Communications in opposition – see attached. Council President Chris Jerram opened the Public Hearing on Item 61. The following person(s) appeared and spoke: OPPONENTS: Halley Taylor, 1416 South 16th Street Mark Vondrasek, 1819 Farnam Street Ashley Underwood, 1805 South 55th Street Terrell McKinney, 5319 North 30th Street Neal Duffy, 5870 Bancroft Street Sarah Brumfield, 1210 South 25th Avenue Amy Sand, 3118 North 49th Avenue Nathan Scott, 9280 Z Street Scott Williams, 3820 Jones Street FOR THE CITY: Amber Parker, Mayor’s Office Captain Mark Desler, Omaha Police Department Franklin Thompson, Director, Human Rights and Relations Department Paul Kratz, City Attorney, Law Department No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that RESOLUTION # 2020-0733 be approved ROLL CALL: Yeas: Pahls, Palermo, Harding, Melton Nays: Festersen, Gray, Mr. President MOTION APPROVED 4-3 _______________________________________ - 19 - ORDINANCE ON SECOND READING 64. ORD. 42292 – An ordinance declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing Nicholas Street Sewer Extension Phase 3B, project identified as OPW 53753; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed – (First Reading July 21, 2020; Second Reading and Public Hearing July 28, 2020; Third Reading August 11, 2020) – see attached. (PUBLIC HEARING TODAY) Council President Jerram opened the Public Hearing on Item 64. No one came forward, and the public hearing was closed. _______________________________________ BID REJECTION APPEAL 65. RES. 2020-0720 – Midwest Excavating Services appeals the rejection of their bid from July 15, 2020 for the “Concrete Trails at Standing Bear Lake” project – see attached. (MOTION NEEDED TO ALLOW OR DENY THE APPEAL, IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY) Council President Chris Jerram opened the hearing on Item 65. The following person(s) appeared and spoke: APPELLANT: Tom Trombley, Midwest Excavating Services, 9623 Redick Avenue No one else came forward, and the hearing was closed. MOTION by Gray, SECOND by Harding that the appeal for RESOLUTION # 2020-0720 be denied ROLL CALL VOTE: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ NON-ACTION ITEMS (Items 66 through 75 do not require a public hearing or City Council consideration at the present meeting, but will be placed on a future agenda for a public hearing and City Council consideration. The reason for non-action is noted after the item on the agenda as well as the date the item is expected to appear on an agenda for City Council consideration.) (CITY COUNCIL WILL NOT MEET ON AUGUST 4, 2020 AT 2:00 P.M. DUE TO DEPARTMENT BUDGET HEARINGS) (CITY COUNCIL WILL MEET IN CONFERENCE ROOM 702 ON AUGUST 4, 2020 FROM 9:00 A.M. TO 2:00 P.M. FOR DEPARTMENT BUDGET HEARINGS) - 20 - HIGHLANDER EAST 66. RES. 2020-0686 – Res. that, the Preliminary Plat entitled Highlander East, a subdivision inside city limits (portions of the property are located within an ACI-Areas of Civic Importance Overlay District), located southwest and southeast of 29th and Burdette Streets, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Todd Lieberman for Brinshore – Inside City Limits – see attached. (LAID OVER TO THE AUGUST 11, 2020 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS) A. Planning Board and Planning Department recommend approval – see attached. FOUNTAIN RIDGE EAST 67. ORD. 42290 – An ordinance to rezone property located northeast of 192nd and Burke Streets from AG-Agricultural District and DR-Development Reserve District to DR- Development Reserve District – (First Reading July 21, 2020; Second Reading July 28, 2020; Third Reading, Public Hearing and Vote August 11, 2020) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 68. ORD. 42291 – An ordinance to approve a Major Amendment to a Mixed Use District Development Agreement for Fountain Ridge East, located northeast of 192nd and Burke Streets, to allow two Center Identification signs to be placed along West Dodge Frontage and one on Burke Street, between the City of Omaha and Fountain West Office Park, LLC, providing site development standards – (First Reading July 21, 2020; Second Reading July 28, 2020; Third Reading, Public Hearing and Vote August 11, 2020) – see attached. A. Planning Board and Planning Department recommend approval – see attached. SMELTER PLANT REPLAT 2 69. RES. 2020-0718 – Res. that, the Preliminary Plat entitled Smelter Plant Replat 2, a subdivision inside city limits, with a waiver to Section 53-4(d), Lot frontage, located northwest of I-480 at the Missouri River, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is City of Omaha – Inside City Limits – see attached. (LAID OVER TO THE AUGUST 11, 2020 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS) A. Planning Board and Planning Department recommend approval – see attached. WEST VILLAGE POINTE REPLAT 10 70. RES. 2020-0719 – Res. that, the Preliminary Plat entitled West Village Pointe Replat 10, a subdivision inside city limits, with a waiver to Section 53-9(9), Sidewalks, located southeast of 175th and Burke Streets, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Noddle VP 1, LLC – Inside City Limits – see attached. (LAI D OVER TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS) - 21 - A. Planning Board and Planning Department recommend approval – see attached. B. Request from the Applicant to postpone this item to the August 18, 2020 City Council Meeting – see attached. (IF THERE ARE NO OBJECTIONS FROM COUNCILMEMBERS THIS ITEM WILL BE POSTPONED AS REQUESTED) ORDINANCES ON FIRST READING 71. ORD. 42293 – An ordinance approving the contract with Clean Harbors Environmental Services, Inc., in the amount of $339,070.00, for OPW 51340 being, Household Hazardous Waste Transportation and Disposal to be collected at Under the Sink, located at 4001 South 120th Street for a period of two years beginning on the date of award until August 31, 2022, with the exclusive option by the City to extend the contract for one additional one-year term; to provide for payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments from a specific account – (First Reading July 28, 2020; Second Reading and Public Hearing August 11, 2020; Third Reading August 18, 2020) – see attached. 72. SPECIAL ORD. 10282 – An ordinance levying a special tax assessment for condemned buildings or structures in accordance with Section 48-93 of the Omaha Municipal Code on certain lots in the City of Omaha, Group No. 2019-01 – (First Reading July 28, 2020; Second Reading and Public Hearing August 11, 2020; Third Reading August 18, 2020) – see attached. 73. ORD. 42294 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and 2808 Partners, LLC, to implement the Meridian at 72nd and West Center Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 2808 South 72 Street, which proposes the demolition of a vacant hotel and lounge and the new construction of a 277 unit market-rate apartment complex; the agreement authorizes the use of up to $5,876,535.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading July 28, 2020; Second Reading and Public Hearing August 11, 2020; Third Reading August 18, 2020) – see attached. 74. ORD. 42295 – An ordinance to approve an Agreement between the City of Omaha and 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 Elkhorn Public Schools at a specifically designated location, 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 15, 2020 and ending at the close of the 2020 – 2021 school year. (Reimbursement from the Elkhorn Public Schools to the City will be in the amount of $35.00 per hour for the officer, not to exceed $27,451.00.) – (First Reading July 28, 2020; Second Reading and Public Hearing August 11, 2020; Third Reading August 18, 2020) – see attached. 75. ORD. 42296 – An ordinance to approve an Agreement between the City of Omaha and the Millard Public Schools for the City to provide, through its assignment, up to four Associate School Resource Officers, one Canine Associate School Resource Officer, 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 - 22 - perform police work at the District property twenty-eight (28) hours(or less) per week while school is in session during the regular school year, and twenty-eight (28) hours per week while school is in session during the regular school year for the Canine Associate SRO, from August 14, 2020 and ending at the close of the 2020 – 2021 school year. (The reimbursement payment from the Millard Public Schools to the City will be in the amount of $35.00 per hour for each officer; and $40.00 per hour for the canine officer; and $5.00 per day for the canine officer when school is not in session (summer break).) – (First Reading July 28, 2020; Second Reading and Public Hearing August 11, 2020; Third Reading August 18, 2020) – see attached. EXECUTIVE SESSION 76. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation. ADJOURNMENT MOTION by Palermo, SECOND by Jerram that the meeting be adjourned ROLL CALL: Yeas: Pahls, Palermo, Festersen, Gray, Harding, Melton, Mr. President Nays: None MOTION APPROVED 7-0 MEETING ADJOURNED AT: 4:12 P.M. I, ELIZABETH BUTLER, 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 July 28, 2020. WITNESS: CITY CLERK: s/Sherri Brown s/Elizabeth Butler ______________________________________ _____________________________________ Sherri Brown, Executive Secretary Elizabeth Butler