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2016-08-09j25TH REGULAR CITY COUNCIL MEETING AUGUST 9, 2016 THE CITY COUNCIL met in Regular Session on Tuesday, August 9, 2016 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 Ben Gray. ROLL CALL 1. City Clerk calls the roll. CCID # 1086 – Present: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Chris Jerram of District No. 3. 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 August 8, 2016, notice re: Pre-Council and Regular City Council Meetings, August 9, 2016. CCID # 1087 – 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 RECEIVES TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. - 2 - ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone property located at 9801 West Center Road from DR - Development Reserve District to R4-Single-Family Residential District (high density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1017 – July 19 and July 26 Meetings) Notice of public hearing on August 9, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. Troy Meyerson, 409 S. 17th Street, on behalf of the applicant, appeared and spoke. CCID #1017 – Motion by Festersen that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest ORDINANCE # 40835 - PASSED 6-0-1 Pass (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 9801 West Center Road from DR-Development Reserve District to R4-Single-Family Residential District (high density) – see attached. (See Doc. # 1017 – July 19 Meeting) # 1017 – From Chair on File 6. Res. that the preliminary plat entitled OAKDALE SCHOOL , located at 9801 West Center Road, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 7/19/16 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1018 – July 19 Meeting) Troy Meyerson, 409 S. 17th Street, on behalf of the applicant, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President Pass: Jerram - 3 - CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest RESOLUTION # 1018 - ADOPTED 6-0-1 Pass (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of OAKDALE SCHOOL, a minor plat inside the city limits, located at 9801 West Center Road – Inside City – over from 7/19/16 – see attached. (See Doc. # 1018 – July 19 Meeting) # 1018 – From Chair on File 7. Res. that the plat entitled OAKDALE SCHOOL , located at 9801 West Center Road, is hereby approved and accepted – Inside City – over from 7/19/16 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1019 – July 19 Meeting) Troy Meyerson, 409 S. 17th Street, on behalf of the applicant, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest RESOLUTION # 1019 - ADOPTED 6-0-1 Pass (a) Planning Board and Planning Department recommend approval of the Final Plat of OAKDALE SCHOOL, a minor plat inside the city limits, located at 9801 West Center Road – Inside City – over from 7/19/16 – see attached. (See Doc. # 1019 – July 19 Meeting) # 1019 – From Chair on File - 4 - 8. Res. that, the Subdivision Agreement between the City of Omaha and Omaha School District No. 66 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, the City of Omaha’s contribution to the public improvements, Watershed Management fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The City shall pay its contribution in the amount of $50,000.00 from the Residential Street Rehab and Surface Restoration, Organization 116160, Fund 12129. The Subdivision is to be known as Oakdale School (Lot 1) and is located at 9801 West Center Road – over from 7/19/16 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1020 – July 19 Meeting) Troy Meyerson, 409 S. 17th Street, on behalf of the applicant, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest RESOLUTION # 1020 - ADOPTED 6-0-1 Pass 9. Ord. to rezone property located Northeast of 189th and Blondo Streets from AG - Agricultural District to DR-Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1021 – July 19 and July 26 Meetings) Notice of public hearing on August 9, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. Brian Doyle, Fullenkamp, Doyle and Jobeun, 11440 W. Center Road, on behalf of the applicant, appeared and spoke. CCID # 1021 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40836 - PASSED 7-0 - 5 - 10. Ord. to rezone property located Northeast of 189th and Blondo Streets from AG - Agricultural District to R4-Single-Family Residential District (high density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1022 – July 19 and July 26 Meetings) Notice of public hearing on August 9, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. Brian Doyle, Fullenkamp, Doyle and Jobeun, 11440 W. Center Road, on behalf of the applicant, appeared and spoke. CCID # 1022 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40837 - PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northeast of 189th and Blondo Streets from AG to DR and R4 – see attached. (See Doc. # 1022 – July 19 Meeting) # 1022 – From Chair on File 11. Res. that the plat entitled BLONDO RIDGES (formerly BLONDO 186) located Northeast of 189th and Blondo Streets, is hereby approved and accepted – Outside City – over from 7/19/16 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1023 – July 19 Meeting) Brian Doyle, Fullenkamp, Doyle and Jobeun, 11440 W. Center Road, on behalf of the applicant, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1023 - ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of BLONDO RIDGES (formerly BLONDO 186) located Northeast of 189th and Blondo Streets – Outside City – over from 7/19/16 – see attached. (See Doc. # 1023 – July 19 Meeting) # 1023 – From Chair on File - 6 - 12. Res. that, the Subdivision Agreement among the City of Omaha, Blondo 186, LLC, a Nebraska corporation, The Blondo Ridges Owners Association, and Sanitary and Improvement District (S.&I.D.) 570 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, 1% administrative fee, Interceptor Sewer Fee, Watershed Management Fee, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Blondo Ridges (Lots 1 -347 and Outlots A-X) and is located northeast of 189th and Blondo Streets – over from 7/19/16 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1024 – July 19 Meeting) Brian Doyle, Fullenkamp, Doyle and Jobeun, 11440 W. Center Road, on behalf of the applicant, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1024 - ADOPTED 7-0 “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 13 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING’ SPECIAL USE PERMIT – LARGE GROUP LIVING 13. Res. that the Special Use Permit application submitted by Sheltering Tree, Inc. for a Special Use Permit to allow Large group living in an R2-Single-Family Residential District (Low Density) (property is also located within an ACI-3(PL) Overlay District), located at 7400 Military Avenue, 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", a nd 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 – see attached. Notice of Public Hearing on August 23, 2016 published in the Daily Record on August 12, 2016. CCID # 1088 – Over two weeks to August 23, 2016 for publication and public hearing pursuant to City Council Rule VII E. - 7 - (a) Planning Board and Planning Department recommend approval of the request of Sheltering Tree, Inc. for a Special Use Permit to allow Large group living in an R2 District (property is also located within an ACI-3(PL) Overlay District), located at 7400 Military Avenue – see attached. # 1088 – Over to 8/23/16 * * * * * * * * * * * * * * LIQUOR 14. Make Your Own Luck Nebraska, LLC, dba “Jefferson’s Restaurant”, 17520 Wright Street, Suite 101, requests permission for a change of location of their present Class “C” Liquor License to 510 South 13th Street. Property posted: 06-13-16; Notification sent: 06-17-16 – over from 7/26/16 – see attached. ((PUBLIC HEARING HELD 6/28/16 – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) (See Doc. # 942 – June 28, July 12 and July 26 Meetings) CCID # 942 - Motion by Melton that the request NOT be approved based on the applicant failed to establish it will properly provide the proposed service, that the type of management and control to be exercised over the premises will be sufficient to conform to all rules and regulations governing the sale of alcohol, or that the issuance of the license will be required by the present or future public convenience and necessity; and that, the Council has considered, among other things, the applicant's failure to cooperate with City officials, failure to follow the law and failure to keep records of its business. Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 (a) Communication from Donna Waller, City of Omaha Finance Department re: Restaurant tax for Make Your Own Luck Nebraska, LLC, dba “Jefferson’s Restaurant”, 17520 Wright Street, Suite 101 – over from 7/26/16 – see attached. (See Doc. # 942 – July 12 and July 26 Meetings) # 942 – From Chair on File (b) Communication from Donna Waller, City of Omaha Finance Department re: Restaurant tax for Make Your Own Luck Nebraska, LLC, dba “Jefferson’s Restaurant”, 17520 Wright Street, Suite 101 – over from 7/26/16 – see attached. (See Doc. # 942 – July 26 Meeting) # 942 – From Chair on File - 8 - (c) Communication from Donna Waller, City of Omaha Finance Department re: Restaurant tax for Make Your Own Luck Nebraska, LLC, dba “Jefferson’s Restaurant”, 17520 Wright Street, Suite 101 – see attached. # 942 – From Chair on File 15. CLASS “C” – M & C Restaurant Management, LLC, dba “Local – Beer, Patio & Kitchen”, 4909 South 135th Street, Suite 113. New application, New location. Property posted: 07-25-16; Notification sent: 07-29-16 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Michael Huffer, Cassem Tierney Law Firm, 9290 W Dodge Road Charles Yin, 1223 S. 11th Street, Local – Beer, Patio & Kitchen, Nebraska Crossing Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1089 - ADOPTED 7-0 (a) Communication from Stephen F. Elken in support of the liquor license application for M & C Restaurant Management, LLC, dba Local - Beer, Patio & Kitchen, 4909 South 135th Street, Suite 113 – see attached. # 1089 – From Chair on File 16. CLASS “C” – Wild Boar, LLC, dba “Timber Wood Fire Bistro”, 8702 Pacific Street. New application, New location. Property posted: 07 -25-16; Notification sent: 07-29-16 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Matt Burbach, 823 S. 55th Street, member of Wild Boar LLC, appeared and spoke. Motion by Thompson that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1090 - ADOPTED 7-0 - 9 - 17. CLASS “I” – Blazin Pianos, LLC, dba “Blazin Pianos”, 15240-15244 West Maple Road. New application, Old location. Present licensee is Basharaco, Inc., dba “I Don’t Care Bar”, 15240-15244 West Maple Road, who has a Class “I” Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Keith McLaughlin, 15244 W. Maple Road, owner Reggie Snell, 15244 W. Maple Road, general manager Motion by Melton that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1091 - ADOPTED 7-0 18. CLASS “I” – OME, LLC, dba “Holiday Inn Express & Suites”, 13131 “I” Street. New application, New location. Property posted: 07-25-16; Notification sent: 07-29-16 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Katie Schaefer, General Manager, Holiday Inn Express & Suites, 13131 I Street , appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1092 - ADOPTED 7-0 19. Blazin Wings, Inc., dba “Buffalo Wild Wings Grill & Bar #27”, 4287 South 144 th Street, requests permission to appoint John B. Deremer manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 1093 - Motion by Thompson that the request be approved Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 20. The Cheesecake Factory Restaurants, Inc., dba “The Cheesecake Factory”, 10120 California Street, requests permission to appoint Lawrence Riley manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) - 10 - Lawrence Riley, 14920 Grebe Street, Bennington, NE, appeared and spoke. CCID # 1094 - Motion by Festersen that the request be approved Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 21. ACR Corp., dba “Jake’s Cigars & Spirits”, 6206 Maple Street, requests permission for a Special Designated License for a beer garden at Military Avenue between Maple Street and Binney Street on September 2, 2016 from 4:00 p.m. to 2:00 a.m. with music until 12:00 midnight – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Matt Biggins, Jake’s Cigars & Spirits, 6206 Maple Street, appeared and spoke. CCID # 1095 - Motion by Festersen that the request be approved Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 22. Second Wind, Inc., dba “Crescent Moon Ale House”, 3578 Farnam Street, requests permission for a Special Designated License for a beer garden at 36 th Street between Farnam Street and the alley, and the parking lot on September 23, 2016 from 12:00 noon to 2:00 a.m. and September 24, 2016 from 11:00 a.m. to 2:00 a.m. with music until 12:00 midnight each night – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Kandace Gladwin, Crescent Moon Ale House, 3578 Farnam Street, appeared and spoke. CCID # 1096 - Motion by Jerram that the request be approved Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 RESOLUTION RE: LONG-FORM APPLICATION FOR RENEWAL OF CLASS “C” LIQUOR LICENSE 23. Res. that the Nebraska Liquor Control Commission is hereby requested to require Taneshia Horton, dba "Soulful Lounge" at 3825 North 30th Street in Omaha, Nebraska, to submit a formal application before its Class ‘C’ retail liquor license is renewed for the 2016 - 2017 licensing year – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) - 11 - Regina Wright, 2856 Spaulding Street, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1118 - ADOPTED 7-0 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. 24 through 32 were held on July 26, 2016.) CONSENT AGENDA – ORDINANCES 24. Ord. vacating a portion of the east/west alley beginning at the west right-of-way line of South 38th Street extending approximately 155 feet to the west, abutting Lots 10, 12, 13, and 14, Block 9, Jerome Park, a subdivision as surveyed, platted, and recorded in Douglas County, Nebraska, containing 2,557.50 square feet, and providing the effective date hereof – see attached. (See Doc. # 1025 – July 19 and July 26 Meetings) Notice of public hearing on July 26, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. CCID # 1025 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40838 - PASSED 7-0 (a) Planning Board and Planning Department recommend approval of the vacation of the east/west alley abutting 3804, 3810, 3812 and a portion of 3814 Farnam Street and 140 South 38th Street – Inside City – see attached. (See Doc. # 1025 – July 19 and July 26 Meetings) # 1025 - From Chair on File - 12 - 25. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof, located Southwest of 156th and "Q" Streets, Autumn Grove and Adjacent Areas (SID 431) – see attached. (See Doc. # 1031 – July 19 and July 26 Meetings) Notice of public hearing on July 26, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. CCID # 1031 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40839 - PASSED 7-0 26. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof, located Southeast of 180th and "F" Streets, Dickenson's Landing/Wood Creek (SID 385) – see attached. (See Doc. # 1032 – July 19 and July 26 Meetings) Notice of public hearing on July 26, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. CCID # 1032 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40840 - PASSED 7-0 27. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof, located Southeast of 204th and Dodge Streets, Elk Valley (SID 458) – see attached. (See Doc. # 1033 – July 19 and July 26 Meetings) Notice of public hearing on July 26, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. CCID # 1033 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40841 - PASSED 7-0 - 13 - 28. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof, located Northwest of 180th and Harrison Streets, Falcon Ridge (SID 434) – see attached. (See Doc. # 1034 – July 19 and July 26 Meetings) Notice of public hearing on July 26, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. CCID # 1034 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40842 - PASSED 7-0 29. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof, located Northeast of 204th Street and Cumberland Drive, High Point and Adjacent Areas (SID 293) – see attached. (See Doc. # 1035 – July 19 and July 26 Meetings) Notice of public hearing on July 26, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. CCID # 1035 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40843 - PASSED 7-0 30. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof, located Northwest of 180th and Pacific Streets, Pacific Ridge (SID 486) – see attached. (See Doc. # 1036 – July 19 and July 26 Meetings) Notice of public hearing on July 26, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. CCID # 1036 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40844 - PASSED 7-0 - 14 - 31. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof, located Northwest of 160th and Harrison Streets, Western Oaks and adjacent areas (SID 389) – see attached. (See Doc. # 1037 – July 19 and July 26 Meetings) Notice of public hearing on July 26, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. CCID # 1037 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40845 - PASSED 7-0 (a) Planning Board and Planning Department recommend approval of the 2016 Annexation Package – see attached. (See Doc. # 1037 – July 19 and July 26 Meetings) # 1037 - From Chair on File 32. Ord. to approve the acceptance of the City of Omaha and Douglas County joint application to the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2016 Edward Byrne Memorial Justice Assistance Grant Program, Application #2016-H2857-NE-DJ, in the amount of four hundred four thousand, five hundred forty -nine dollars ($404,549) for law enforcement programs, crime prevention and education programs, prosecution and court programs, and planning, evaluation and technology improvement programs during the period of October 1, 2015 to September 30, 2019; to provide the Council an opportunity for review and public comment for such application; and upon award of such grant to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof – see attached. (See Doc. # 1027 – July 19 and July 26 Meetings) Notice of public hearing on July 26, 2016 published in the Daily Record on July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily Record on August 17, 2016. CCID # 1027 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40846 - PASSED 7-0 - 15 - (a) Communication from Gail Braun, Grant Administrator, re: FY 2016 Justice Assistance Grant (JAG) Application – see attached. # 1027 – From Chair on File ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 33 through 51 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 33. Res. that, Councilmembers Pete Festersen, Chris Jerram, and Aimee Melton shall assess damages, if any, to owners and parties affected by the vacation of an irregular portion of 11th Street right-of-way located north of Davenport Street (containing 6,652 square feet). Said committee shall give reasonable notice to the owners and parties interested in the property affected by such vacation – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1097 - ADOPTED 7-0 34. Res. that, Councilmembers Pete Festersen, Chris Jerram, and Aimee Melton shall assess damages, if any, to owners and parties affected by the vacation of an irregular portion of 204th Street right-of-way located southeast of 204th Street and Blondo Parkway (containing 0.54 acres). Said committee shall give reasonable notice to the owners and parties interested in the property affected by such vacation – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1098 - ADOPTED 7-0 - 16 - 35. Res. that, as recommended by the Mayor, Change Order No. 1 with Spencer Management for additional work on OPW 52912, being the Utility Cut Repair Various Locations Project, is hereby approved; and that, the Finance Department is authorized to pay an additional sum of $67,289.58 for this change order, from the Capital Special Assessment Fund 13573, Special Assessments Organization 116168, year 2016 expenditure (repairs located at 84 th Street and West Dodge Road) – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1099 - ADOPTED 7-0 36. Res. that, as recommended by the Mayor, Change Order No. 2 with Bayshore Contractors, LLC for additional work on OPW 52494, being the Missouri River Wastewater Treatment Plant Bank Stabilization Project, is hereby approved; and that, the Finance Department is authorized to pay an additional sum of $500,000.00 for this change order, from the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918, year 2016 expenditure; Sewer Revenue Bonds will be issued to finance this project – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1100 - ADOPTED 7-0 37. Res. that, as recommended by the Mayor, Change Order No. 4 with Roloff Construction Company for additional work on OPW 52184, being the Gilmore Avenue Sewer Separation Project, is hereby approved; and that, the Finance Department is authorized to pay an additional sum of $145,050.00 for this change order, from the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918, year 2016 expenditure; Sewer Revenue Bonds will be issued to finance this project – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1101 - ADOPTED 7-0 - 17 - 38. Res. that, as recommended by the Mayor, Change Order No. 4 with Linhart Construction Company for additional work on OPW 52910, being the Brick Restoration Various Locations Project, is hereby approved; and that, the Finance Department is authorized to pay an additional sum of $115,135.13 for this change order, from the Street and Highway Allocation Fund 12131, Residential Brick Street Repair Organization 116122, year 2016 expenditure – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1102 - ADOPTED 7-0 AGENDA ITEM NO. 39 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER JERRAM 39. Res. that, as recommended by the Mayor, Amendment No. 1 to the Professional Services Agreement with SCS Engineers for additional services for the Sustainable Materials Management – Yard Waste Study, City of Omaha, Nebraska Project, is hereby approved; and that, the Finance Department is authorized to pay the additional fee not to exceed $76,550.00 for these services to be paid from General Fund 11111, Solid Waste – Collection and Disposal Organization 116321 – see attached. Bob Stubbe, Public Works Director, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1103 - ADOPTED 7-0 40. Res. that, as recommended by the Mayor, Amendment No. 7 to the Professional Services Agreement for the implementation of the Combined Sewer Overflow (CSO) Long Term Control Plan (LTCP) with CH2M Hill Engineers, Inc. for the provision of continuing support for the implementation of the LTCP and support of the comprehensive wet weather program, is hereby approved; and that, the Finance Department is authorized to pay the additional fee not to exceed $12,738,637.00 for these professional services from the Sewer Revenue Improvement Fund 21124, CSO Implementation Or ganization 116918; Sewer Revenue Bonds will be issued to finance this project – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1104 - ADOPTED 7-0 - 18 - 41. Res. that, as recommended by the Mayor, the Professional Services Agreement with MWH Americas, Incorporated, for an assessment of the Clean Solutions for Omaha (CSO) program to identify areas of potential improvement, is hereby approved; and that, the Finance Department is authorized to pay MWH Americas, Incorporated a fee not to exceed $98,000.00 for these services from the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918; Sewer Revenue Bonds will be issued to finance this project – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1105 - ADOPTED 7-0 42. Res. that, as recommended by the Mayor, the Professional Services Agreement with JEO Consulting Group, Incorporated, for professional services associated with OPW 53001, being the 120th Street and Eagle Run Creek Sanitary Sewer Inverted Siphon Project, is hereby approved; and that, the Finance Department is authorized to pay JEO Consulting Group, Incorporated a fee not to exceed $62,817.00 for these professional services from the Sewer Revenue Improvements Fund 21124, Neighborhood Sewer Renovation Organization 116911, year 2016 expenditure – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1106 - ADOPTED 7-0 43. Res. that as recommended by the Mayor, the Task Order Agreement with Alfred Benesch & Company to provide construction engineering services for the Major Street Resurfacing in Omaha Project, known as Federal Aid Project MAPA- 5082(7), State Control No. 22681, with a cost to the City not to exceed $426,156.59 to be paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, is hereby approved; and that, the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreements on behalf of the City of Omaha – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1107 - ADOPTED 7-0 - 19 - 44. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Truck Center Companies for one (1) Regenerative Air Street Sweeper to be utilized by the Street Maintenance Division in the amount of $267,700.00; and that the Finance Department is authorized to pay the cost of this purchase from the Street and Highway Allocation Fund 12131, Street/Right of Way Cleaning Organization 116152, year 2016 funding – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1108 - ADOPTED 7-0 AGENDA ITEM NO. 39 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCIL PRESIDENT GRAY 45. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue Purchase Orders to Ready Mixed Concrete as primary supplier and Consolidated Concrete as secondary supplier for concrete to be delivered to job sites throughout the City and within 3 miles of the city limits; and, that the Finance Department is authorized to pay the cost of concrete purchased under this bid from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2016 expenditures. Other Departments or Divisions utilizing this bid will pay for such usage from their respective cost centers – see attached. THE FOLLOWING PERSONS APPEARED AND SPOKE: FOR THE CITY: Bob Stubbe, Public Works Director Paul Kratz, City Attorney Resolution read Motion by Melton that the Resolution be ADOPTED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1109 – ADOPTED AS AMENDED 7-0 (a) Amendment requested by Council President Gray – see attached. CCID # 1109 – Motion by Melton that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 - 20 - 46. Res. that, the attached Agreement between the Omaha-Council Bluffs Metropolitan Area Planning Agency and the City of Omaha, setting forth that the City of Omaha, through its Planning Department, agrees to perform certain transportation planning activities which will include, but not limited to, the Midtown-Downtown Bus Rapid Transit and Urban Circulator Project, North Downtown Pedestrian Bridge, facilitation and development of parking management systems, development review f or transportation planning and Complete Streets Omaha is hereby approved, and the Mayor and City Clerk are hereby authorized to execute and attest the attached Agreement. In -kind services provided by the Planning Department or funds in the amount of Twenty - Five Thousand, Eight Hundred and No/100 Dollars ($25,800.00) shall be paid from the Planning Department, Fund 11111 and Organization 109031 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1110 - ADOPTED 7-0 47. Res. that, as recommended by the Mayor, the Professional Services Agreement with Toole Design Group for the creation of a Complete Streets Design Manual in the City of Omaha, is hereby approved; and that, the Finance Department is authorized to pay Toole Design Group $248,766.50 for these professional services from the Complete Street Corridor Study Project of the Capital Improvements Program – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1111 - ADOPTED 7-0 48. Res. that, as recommended by the Mayor, the attached invoice with Mango Languages for subscription of Mango Languages in the amount of $66,288 is hereby approved; and, the Finance Department is authorized to pay the $66,288 cost thereof from the Library’s General Fund 11111, Organization 117016, year 2016 expenditures – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1112 - ADOPTED 7-0 - 21 - 49. Res. that the reappointment by Mayor Jean Stothert of Negil McPherson, Jr. as a member of the City of Omaha Personnel Board to serve a term of five years commencing upon August 12, 2016 and expiring on August 11, 2021, be and hereby is confirmed – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1113 - ADOPTED 7-0 50. Res. that the reappointment by Mayor Jean Stothert of Jason Lanoha as a regular member of the Zoning Board of Appeals, to serve a five year term which shall commence on September 27, 2016 and expire on September 26, 2021, be and hereby is confirmed and approved – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1119 - ADOPTED 7-0 51. Res. that the reappointment by Mayor Jean Stothert of Sean Kelley as an alternate member of the Zoning Board of Appeals, to serve a five year term which shall commence on September 20, 2016 and expire on September 19, 2021, be and hereby is confirmed and approved – see attached. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 1120 - ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 22 - “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NO. 52 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” RESOLUTION 52. Res. that, the attached University of Nebraska Medical Center iEXCEL Redevelopment Plan, prepared by the Omaha City Planning Department, be and hereby is approved as the Redevelopment Plan for the redevelopment area generally bound by Emile Street on the north, 41st Street on the east, Leavenworth Street on the south, and 42nd Street on the west – see attached. Notice of Public Hearing on August 30, 2016 published in the Daily Record and Omaha World-Herald August 11, 2016 and August 18, 2016. CCID # 1125 – Over three weeks to August 30, 2016 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * ORDINANCE ON FINAL READING 53. Ord. to amend Omaha Municipal Code Chapter 19 to provide for the applicability of the restaurant occupation tax to certain food vendors; to clarify the enforcement of the restaurant occupation tax; to repeal Omaha Municipal Code sections 19-800 and 19-802 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING HELD 7/19/16 – CAN BE PASSED TODAY)) (See Doc. # 961 – July 12, July 19 and July 26 Meetings) Notice of public hearing on July 19, 2016 published in the Daily Record on July 15, 2016. THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Kelly Keegan, 4655 Hickory Street FOR THE CITY: Paul Kratz, City Attorney Steve Curtiss, Finance Director Cassie Paben, Mayor’s Office - 23 - CCID # 961 – Motion by Gernandt that the Ordinance be passed Seconded by Gray Councilmember Gernandt withdraws his Motion Councilmember Gray withdraws his Second Motion by Thompson that the ordinance be laid over five weeks to September 13, 2016 Seconded by Gernandt ROLL CALL: Yeas: Thompson, Gernandt, Jerram, Melton, Mr. President Nays: Pahls, Festersen Motion Carried 5-2 ORDINANCES ON SECOND READING 54. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and Vision 13LB, LLC, a Nebraska limited liability company, to implement the Little Bohemia Tax Increment Financing (TIF) Redevelopment Project Plan for a project site located at 1419 -1425 South 13th Street, which proposes to completely rehabilitate three commercial buildings for modern retail and office uses; the agreement authorizes the use of up to $275,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and, providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1065 – July 26 Meeting) Bridget Hadley, Planning Department, appeared and spoke. CCID # 1065 – Public hearing was held today – Final reading set for August 16, 2016 as per City Charter requirements. 55. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and Sage Capital, LLC for Cogleywood, LLC, a Nebraska limited liability company, to implement the Dundee Flats Tax Increment Financing (TIF) Redevelopment Project Plan for a project site located at 4827, 4829, 4831 and 4835 Dodge Street, which proposes the demolition of existing structures, and the construction of a modern mixed -use redevelopment to include 63 market-rate apartments on floors 2 through 4, ground floor commercial retail space, and an attached parking garage; the agreement authorizes the use of up to $1,779,600.00 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. # 1066 – July 26 Meeting) Bridget Hadley, Planning Department, appeared and spoke. - 24 - CCID # 1066 – Public hearing was held today – Final reading set for August 16, 2016 as per City Charter requirements. 56. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and Aksarben SC Housing, LLC, a Nebraska limited liability company, to implement the Aksarben SC Housing Development Tax Increment Financing (TIF) Redevelopment Project Plan for a site located at the northeast corner of 67th and Pine Streets, proposes the new construction of a 195,000 square foot, 4-story multi-family structure for students; the agreement authorizes the use of up to $5,106,081.00 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. # 1067 – July 26 Meeting) Bridget Hadley, Planning Department, appeared and spoke. CCID # 1067 – Public hearing was held today – Final reading set for August 16, 2016 as per City Charter requirements. 57. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and Lanoha 1207 Cass, LLC, a Nebraska Limited Liability Company, to implement the 1207 Cass Tax Increment Financing plan (TIF) Redevelopment Project Plan, which contemplates a five-story mixed-use structure consisting of office space on floors 2 and 3, 45 market -rate multi-family units on floors 5 and 6, and 67 parking stalls under the building an d adjacent surface stalls; the agreement authorizes the use of up to $1,831,224 in excess ad valorem taxes generated by the development to help fund the cost of the project; and, providing for an effective date – see attached. ((PUBLIC HEARING TO BE HELD 8/16/16 TO COINCIDE WITH THE PLATS)) (See Doc. # 1085 – July 26 Meeting) CCID # 1085 – Ordinance on Second Reading – Final reading and public hearing to be held August 16, 2016 as per City Council Motion. 58. Ord. to accept the bid of McKee/Holland in the amount of $4.67 per inch of Diameter at Breast Height (DBH), no more than $250,000.00 per year for the treatment of the Emerald Ash Borer for the Parks, Recreation, and Public Property Department; for one year beginning August 1, 2016 through July 31, 2017, with the option to extend the contract one year; and , to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1078 – July 26 Meeting) Brook Bench, Parks and Recreation Director, appeared and spoke. CCID # 1078 – Public hearing was held today – Final reading set for August 16, 2016 as per City Charter requirements. - 25 - 59. Ord. to approve the acceptance of and authorize disbursement over more than one fiscal year from the Nebraska Crime Commission, FY 2015 STOP Violence Against Women (VAWA) Grant, Award #15-VW -0714 in the amount of two hundred thousand, twenty-two dollars ($200,022), during the project period of July 1, 2016 to June 30, 2017; to enhance victim assistance services and prosecute cases of domestic violence through the multi-agency Douglas County Community Response Team as detailed in the attached grant application; to authorize payment from such grant funding and involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1068 – July 26 Meeting) CCID # 1068 – Public hearing was held today – Final reading set for August 16, 2016 as per City Charter requirements. TRANSIT AUTHORITY RE: BUDGET 60. Transit Authority of the City of Omaha transmits the required forms for submitting their 2017 Budget Document – see attached. ((MOTION NEEDED TO RECEIVE AND REFER TO FINANCE)) CCID # 1121 – Motion by Gernandt to receive and refer to the Finance Department Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 61 THROUGH 64 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 61. Ord. approving an Interlocal Agreement between the City of Omaha, Douglas County, and Sarpy County involving the disbursement and receipt of money involving 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 te rms and conditions under which Omaha is to cooperate with Douglas County and Sarpy County to provide Household Hazardous Waste services for the residents of Douglas and Sarpy County; to authorize the Finance Department to disburse and receive a cost share from Douglas County and Sarpy County not to exceed $106,800 annually per participant according to the schedule contained within the Agreement; and to provide an effective date hereof – see attached. CCID # 1114 – Publication to be made and public hearing to be held on August 16, 2016 as per City Charter requirements. - 26 - 62. Ord. pursuant to Section 40-251 of the Omaha Municipal Code to amend an existing Class “B” Flammable Liquids Storage District, known as District No. B- 193 at Greater Omaha Leasing, LLC, 4626 Dahlman Avenue as requested by Brenton J. Falgione; to increase the total capacity to 1,967 gallons of Class 2 liquid at that site; and to provide the effective date hereof – see attached. CCID # 1115 – Publication to be made and public hearing to be held on August 16, 2016 as per City Charter requirements. 63. Spec. Ord. 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 o f sidewalk snow removal in District No. SWSR 2016-01 – see attached. CCID # 1116 – Publication to be made and public hearing to be held on August 16, 2016 as per City Charter requirements. 64. Spec. Ord. 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: 2016-01 – see attached. CCID # 1117 – Publication to be made and public hearing to be held on August 16, 2016 as per City Charter requirements. * * * * * * * * * * * * * 65. Ord. to amend Ordinance No. 40452, creating Road Maintenance District No. 745-22, in the City of Omaha, for the purpose of improving South 78th Avenue from Woolworth Avenue to Poppleton Avenue, to become a Street Improvement District; to change the type of improvement from an asphalt overlay to a permanent street improvement including grading, curbing and paving in Portland cement concrete; to authorize the Public Works Department to complete the associated improvement project; and to provide for an effective date hereof – see attached. ((MOTION NEEDED TO SET THE SECOND READING ON AUGUST 16, 2016 AND THE THIRD READING AND PUBLIC HEARING ON AUGUST 23, 2016)) CCID # 1126 – Motion by Gernandt to set the second reading on August 16, 2016 and the third reading and public hearing on August 23, 2016 Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 EXECUTIVE SESSION 66. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. - 27 - RECESS 67. Motion that the City Council Meeting be recessed until Tuesday, August 9, 2016, at 7:00 p.m. CCID # 1122 – Motion by Jerram that the City Council Meeting be recessed until Tuesday, August 9, 2016 at 7:00 P.M. Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 68. Roll Call after recess. CCID # 1123 – The City Council met after recess in the Legislative Chamber, Omaha/Douglas Civic Center on Tuesday, August 9, 2016 at 7:00 p.m. and was called to order by Council President Ben Gray. ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President BUDGET HEARING 69. Public Hearing on Budget of the City of Omaha for Year 2017 – 7:00 p.m. – Legislative Chambers. CCID # 1073 – Public hearing held THE FOLLOWING PERSONS APPEARED AND SPOKE: Gloria Austerberry, 5036 Pinkney Street Charles Gould, 5819 William Street Tom Emmett, 819 S. 22nd Street Jerry Prazen, 820 S. 58th Street Nancy Besack, 1262 S. 169th Street Dorothy Swanson, 1256 Peterson Drive Susan Thomson, 1282 S. 164th Street Linda Johnson, 1274 S. 164th Street Karen Hosier, 9315 Harney Street Maurice Jones, 6105 N. 36th Street Luis Jimenez, 3126 Chicago Street Doug Kagan, 416 S. 130th Street Stuart Chittenden, 5601 Emile Street Catherine Hohman, 2434 N. 133rd Street Jim Sazama, 9161 Charles Street Gabrielle Gaines-Liwaru, 5807 N. 61st Avenue Willie Barney, 12333 Cuming Street - 28 - (a) City Clerk certifies publication in Daily Record, the official newspaper of the City of Omaha, and the Omaha World Herald on July 28, 2016 and August 4, 2016, and the Omaha Star on July 29, 2016, notice re: public hearing on the budget of the City of Omaha of Year 2017, August 9, 2016. # 1073 – From Chair on File (b) Documents submitted re: the 2017 Budget – see attached. # 1073 – From Chair on File Motion by Gray that the meeting be adjourned Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 ADJOURNED: 7:40 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on August 9, 2016. WITNESS: s/Sherri Brown s/Buster Brown CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 11TH DAY OF AUGUST, 2016.