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2015-09-15j31st REGULAR OMAHA CITY COUNCIL MEETING SEPTEMBER 15, 2015 THE CITY COUNCIL met in Regular Session on Tuesday, September 15, 2015 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 # 1166 – Present: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Pete Festersen of District No. 1. 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 September 11, 2015, notice re: Pre-Council and Regular City Council Meetings, September 15, 2015. CCID # 1167 – From Chair on File A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. - 2 - RECONSIDERATION 5. Motion by Councilmember Pahls to reconsider CCID No. 1060, of August 25, 2015, being (1) to create Road Maintenance Improvement District No. 745 -24, in the City of Omaha, for the purpose of improving South 95 th Circle from West Center Road north to the end of the cul-de-sac by asphalt overlay; to fix and define the boundaries of said district; to provide for the determination and assessment of damages, if any, occasioned by reason of change of grade; to authorize the Public Works Department, barring protest to the contrary in accordance with OMC 26-65, to complete the associated improvement project; and to provide for an effective date hereof and (2) communications opposing the Ordinance to create Road Maintenance Improvement District No. 745 -24, in the City of Omaha, for the purpose of improving South 95th Circle from West Center Road north to the end of the cul-de-sac by asphalt overlay, with roll call on September 22, 2015. CCID # 1060 – Motion by Pahls to reconsider CCID No. 1060 of August 25, 2015 with roll call on September 22, 2015 Seconded by Gernandt ORDINANCE ON FINAL READING RE: BONDS 6. Ord. authorizing and directing an issue of general obligation bonds and an issue of general obligation refunding bonds of the City of Omaha, Nebraska in the aggregate principal amount of not to exceed $72,350,000 to be termed for identification purposes “Various Purpose and Refunding Bonds, Series 2015A” and “General Obligation Refunding Bonds, Series 2015B,” respectively; prescribing the form of said bonds; authorizing the sale of said bonds by negotiation; designating for defeasance and redemption certain bonded indebtedness of the City of Omaha and certain sanitary and improvement districts annexed by the City of Omaha, Nebraska in the aggregate principal amount of not to exceed $48,000,000; directing the Finance Department to give notices of such defeasance and redemption; directing the preparation of a transcript of proceedings authorizing the issuance, sale and delivery of said bonds; appointing an Escrow Agent, a Paying Agent and a Registrar; approving the selections of an underwriter and an escrow verification agent; directing that said bonds shall initially be issued and registered in book entry form; providing for continuing disclosure; delegating authority to the Finance Di rector to determine the final prices, interest rates, principal amounts and redemption provisions for said bonds; and providing for the effective date thereof – see attached. ((PUBLIC HEARING HELD 9/1/15 – CAN BE PASSED TODAY)) (See Doc. # 1139 – August 25 and September 1 Meetings) Notice of public hearing on September 1, 2015 published in the Daily Record on August 28, 2015. Ordinance passed on September 15, 201 5 published in the Daily Record on September 23, 2015. - 3 - CCID # 1139 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40482 – PASSED 7-0 ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 7. Ord. to rezone the property located southwest of 72nd and Maple Street from R2 - Single-Family Residential District (low density) and CC-Community Commercial District to CC-Community Commercial District – over from 8/25/15 and continue the public hearing. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE PASSED TODAY)) (See Doc. # 1022 – August 11, 18, and 25 Meetings) Notice of public hearing on August 25, 2015 published in the Daily Record on August 14, 2015. Ordinance passed on September 15, 2015 published in the Daily Record on September 23, 2015. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: David Levy, Baird Holm, 1700 Farnam Street, on behalf of the applicant Opponents: Theresa Peterson, 7301 Maple Street Dr. David J. Hibler, Sr., 3103 North 50 Street Mary Jane Truemper, 5306 Izard Street For the City: Paul Kratz, City Attorney CCID # 1022 – Motion by Jerram that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Gernandt, Jerram, Melton, Mr. President Nays: Festersen ORDINANCE # 40483 – PASSED 6-1 8. Ord. to amend the boundaries of the ACI-2(50) district of Area of Civic Importance Overlay District, to incorporate into that district the property locate d southwest of 72nd and Maple Streets; and to provide for an effective date – over from 8/25/15 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE PASSED TODAY)) (See Doc. # 1023 – August 11, 18, and 25 Meetings) Notice of public hearing on August 25, 2015 published in the Daily Record on August 14, 2015. Ordinance passed on September 15, 2015 published in the Daily Record on September 23, 2015. - 4 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: David Levy, Baird Holm, 1700 Farnam Street, on behalf of the applicant Opponents: Theresa Peterson, 7301 Maple Street Dr. David J. Hibler, Sr., 3103 North 50 Street Mary Jane Truemper, 5306 Izard Street For the City: Paul Kratz, City Attorney CCID # 1023 – Motion by Jerram that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Gernandt, Jerram, Melton, Mr. President Nays: Festersen ORDINANCE # 40484 – PASSED 6-1 (a) Planning Board and Planning Department recommend approval of a request to rezone property located southwest of 72nd and Maple Streets from R2 and CC to CC with approval of an ACI -2(50) Overlay District – over from 8/25/15 – see attached. (See Doc. # 1023 – August 11 and 25 Meetings) # 1023 – From Chair on File (b) Communication from Clarinda Karpove, 3030 Cass Street, opposing the rezoning of the property located southwest of 72nd and Maple Streets – see attached. # 1023 – From Chair on File (c) Petition and Affidavit, Theresa Peterson and Dr. David J. Hibler, S r. vs Omaha Zoning Board of Appeals, re: rezoning of property located southwest of 72nd and Maple Streets – see attached. # 1023 – From Chair on File (d) Communications opposing the rezoning of the property located southwest of 72nd and Maple Streets – see attached. # 1023 – From Chair on File (e) Communication from Tony and Theresa Peterson, 7301 Maple Street, opposing the rezoning of the property located southwest of 72nd and Maple Streets – see attached. # 1023 – From Chair on File - 5 - 9. Ord. to rezone property located Northeast of 15th and Mike Fahey Streets from HI-Heavy Industrial District to CBD-Central Business District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1119 – August 25 and September 1 Meetings) Notice of public hearing on September 15, 2015 published in the Daily Record on August 28, 2015. Ordinance passed on September 15, 2015 published in the Daily Record on September 23, 2015. Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the applicant, appeared and spoke. CCID # 1119 – Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40485 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northeast of 15th and Mike Fahey Streets from HI to CBD – see attached. (See Doc. # 1119 – August 25 Meeting) # 1119 – From Chair on File 10. Res. that the replat transmitted herewith entitled N.D. PARK, located Northeast of 15th and Mike Fahey Streets, is hereby approved, and concurrently a portion of the existing plat entitled Original City of Omaha, and described on said replat, is hereby vacated – Inside City – over from 8/25/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1120 – August 25 Meeting) Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the applicant, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1120 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of N.D. PARK, a minor plat located Northeast of 15th and Mike Fahey Streets – Inside City – over from 8/25/15 – see attached. (See Doc. # 1120 – August 25 Meeting) - 6 - # 1120 – From Chair on File 11. Res. that, the Subdivision Agreement among the City of Omaha, NS – Yard Parking, LLC, a Nebraska Limited Liability Company, and The 14/15 Property Owners Association, as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as N.D. Park (Lots 1-3) and is located northeast of North 15th Street and Mike Fahey Street – over from 8/25/15 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1121 – August 25 Meeting) Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the applicant, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1121 – ADOPTED 7-0 12. Ord. to rezone property located Southwest of 60th Street and Northwest Radial Highway from R5(35)-Urban Family Residential District and CC-Community Commercial District to NBD-Neighborhood Business District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1122 – August 25 and September 1 Meetings) Notice of public hearing on September 15, 2015 published in the Daily Record on August 28, 2015. Ordinance passed on September 15, 2015 published in the Daily Record on September 23, 2015. Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke. CCID # 1122 – Motion by Festersen that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40486 – PASSED 7-0 13. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located Southwest of 60th Street and Northwest Radial Highway; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1123 – August 25 and September 1 Meetings) Notice of public hearing on September 15, 2015 published in the Daily Record on August 28, 2015. Ordinance passed on September 15, 2015 published in the Daily Record on September 23, 2015. Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke. - 7 - CCID # 1123 – Motion by Festersen that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40487 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 60th Street and Northwest Radial Highway from R5(35) and CC to NBD with approval of an MCC Overlay District – see attached. (See Doc. # 1123 – August 25 Meeting) # 1123 – From Chair on File 14. Res. that the preliminary plat entitled BENSON REPLAT 19, located Southwest of 60th Street and Northwest Radial Highway, 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 8/25/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1107 – August 25 Meeting) Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke . Motion by Festersen that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1107 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of BENSON REPLAT 19, located Southwest of 60th Street and Northwest Radial Highway – Inside City – over from 8/25/15 – see attached. (See Doc. # 1107 – August 25 Meeting) # 1107 – From Chair on File 15. Res. that the replat transmitted herewith entitled BENSON REPLAT 19, located Southwest of 60th Street and Northwest Radial Highway, is hereby approved, and concurrently a portion of the existing plat entitled Benson, and described on said replat, is hereby vacated – Inside City – over from 8/25/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1108 – August 25 Meeting) Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke. - 8 - Motion by Festersen that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1108 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of BENSON REPLAT 19, located Southwest of 60th Street and Northwest Radial Highway – Inside City over from 8/25/15 – see attached. (See Doc. # 1108 – August 25 Meeting) # 1108 – From Chair on File 16. Res. that, the Subdivision Agreement between the City of Omaha and 60th & NW Radial, LLC, a Nebraska limited liability company, as recommended by the Mayor, providing for the Watershed Management fees, is hereby approved. The Subdivision is to be known as Benson Replat 19 (Lots 1-2) and is located southwest of 60th Street and Northwest Radial Highway – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1168 – ADOPTED 7-0 17. Ord. to approve a Major Amendment to a Mixed Use District Development Agreement for Whispering Ridge, to allow for the reconfiguration of the required plaza and open space areas within the development, located Southwest of 171 st Street and West Maple Road between the City of Omaha and Jerry Torczon, providing site development standards; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1124 – August 25 and September 1 Meetings) Notice of public hearing on September 15, 2015 published in the Daily Record on August 28, 2015. Ordinance passed on September 15, 2015 published in the Daily Record on September 23, 2015. Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the applicant, appeared and spoke. CCID # 1124 – Motion by Festersen that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40488 – PASSED 7-0 - 9 - (a) Planning Board and Planning Department recommends approval of a Major Amendment to the Whispering Ridge Mixed Use District Development Agreement, located Southwest of 171st Street and West Maple Road, to allow for the reconfiguration of the required plaza and open space areas within the development. The applicant is Jerry Torczon – see attached. (See Doc. # 1124 – August 25 Meeting) # 1124 – From Chair on File 18. Ord. to rezone property located Northwest of 204th Street and Grand Avenue from AG-Agricultural District to R4-Single-Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1125 – August 25 and September 1 Meetings) Notice of public hearing on September 15, 2015 published in the Daily Record on August 28, 2015. Ordinance passed on September 15, 2015 published in the Daily Record on September 23, 2015. Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the applicant, appeared and spoke. CCID # 1125 – Motion by Thompson that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40489 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 204th Street and Grand Avenue from AG to R4 – see attached. (See Doc. # 1125 – August 25 Meeting) # 1125 – From Chair on File 19. Res. that the plat entitled ARBOR VIEW (Phase II), located Northwest of 204 th Street and Grand Avenue, is hereby approved and accepted – Outside City – over from 8/25/15 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1126 – August 25 Meeting) Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the applicant, 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 Res. # 1126 – ADOPTED 7-0 - 10 - (a) Planning Board and Planning Department recommend approval of the Final Plat (Phase II) of ARBOR VIEW, located Northwest of 204th Street and Grand Avenue – Outside City – over from 8/25/15 – see attached. (See Doc. # 1126 – August 25 Meeting) # 1126 – From Chair on File 20. Res. that, the Subdivision Agreement among the City of Omaha, Cha rleston Homes LLC, a Nebraska corporation, Arbor View Homeowners Association, Elkhorn School District, and Sanitary and Improvement District (S.&I.D.) 561 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 Arbor View (Lots 128-235) and is located northwest of 204th Street and Grand Avenue – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1127 – August 25 Meeting) Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the applicant, 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 Res. # 1127 – ADOPTED 7-0 RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENT 21. Res. that the preliminary plat entitled W. JOHNSTON COMMONS, a cluster subdivision, located at 1228, 1230, 1234 South 10th Street and 1229, 1233 South 11th Street, with a request for a waiver of Section 53-9(9) of the Omaha Municipal Code for Sidewalks adjacent to Lots 28-35, 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 8/25/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1103 – August 25 Meeting) Nir Jagal (?), 144 South 39th Street, on behalf of the owner, appeared and spoke. - 11 - Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1103 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of W. JOHNSTON COMMONS, a cluster subdivision, with a waiver of Section 53-9(9) of the Omaha Municipal Code for Sidewalks adjacent to Lots 28-35, located at 1228, 1230, 1234 South 10th Street and 1229, 1233 South 11th Street – Inside City – over from 8/25/15 – see attached. (See Doc. # 1103 – August 25 Meeting) # 1103 – From Chair on File 22. Res. that the preliminary plat entitled E.V. SMITH’S ADDITION REPLAT 11, located Southwest of 18th and Clark Streets, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorize d – Inside City – over from 8/25/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1104 – August 25 Meeting) Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1104 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of E.V. SMITH’S ADDITION REPLAT 11, located Southwest of 18th and Clark Streets – Inside City – over from 8/25/15 – see attached. (See Doc. # 1104 – August 25 Meeting) # 1104 – From Chair on File 23. Res. that the replat transmitted herewith entitled E.V. SMITH’S ADDITION REPLAT 11, located Southwest of 18th and Clark Streets, is hereby approved, and concurrently a portion of the existing plat entitled E.V. Smith’s Addition Replat 10, and described on said replat, is hereby vacated – Inside City - over from 8/25/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1105 – August 25 Meeting) - 12 - Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1105 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of E.V. SMITH’S ADDITION REPLAT 11, located Southwest of 18th and Clark Streets – Inside City - over from 8/25/15 – see attached. (See Doc. # 1105 – August 25 Meeting) # 1105 – From Chair on File 24. Res. that the preliminary plat entitled BARTLETTS ADDITION to OMAHA REPLAT 5, located at 809 South 31st Street, with a request for a waiver of Section 53-8(4)(a), Section 53-8(4)(d) and Section 53-9(9) of the Omaha Municipal Code for Lot depth, Lot frontage and Sidewalks, 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 8/25/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1106 – August 25 Meeting) Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1106 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of BARTLETTS ADDITION to OMAHA REPLAT 5, with a waiver of Section 53-8(4)(a), Section 53-8(4)(d) and Section 53-9(9) of the Omaha Municipal Code for Lot depth, Lot frontage and Sidewalks, located at 809 South 31st Street – Inside City - over from 8/25/15 – see attached. (See Doc. # 1106 – August 25 Meeting) # 1106 – From Chair on File 25. Res. that the revised preliminary plat entitled GINGER CREEK (Lots 1 -3 & Outlot A), located Southeast of 165th Street and West Maple Road, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Doug Dreessen, 10836 Old Mill Road, on behalf of the applicant, appeared and spoke. - 13 - Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1192 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Revised Preliminary Plat of GINGER CREEK (Lots 1 -3 & Outlot A) located southeast of 165th Street and West Maple Road – Outside City – see attached. # 1192 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 26 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” 26. Res. that the plat entitled READY MIXED RAILROAD ADDITION, located at 4765 South 135th Street, is hereby approved and accepted – Inside City – see attached. Notice of public hearing on September 29, 2015 published in the Daily Record on September 18, 2015. CCID # 1205 – Over two weeks to September 29, 2015 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of READY MIXED RAILROAD ADDITION, a subdivision inside the city limits, located at 4765 South 135 th Street – Inside City – see attached. # 1205 – Over to 9/29/15 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 27 SHALL BE LAID OVER TWO WEEKS” 27. Res. that, the Subdivision Agreement between the City of Omaha and Ready Mixed Co., a Division of Lyman-Richey Corporation, a Nebraska Corporation, as recommended by the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Ready Mixed Addition Replat 1 (Lots 1-3) and is located at 4765 South 135th Street – see attached. - 14 - CCID # 1206 – Over two weeks to September 29, 2015 for public hearing pursuant to City Council Rule VII E. * * * * * * * * * * * * * * SPECIAL USE PERMIT – LARGE GROUP LIVING 28. Res. that the Special Use Permit application submitted by The Salvation Army for a Special Use Permit to allow Large group living in a GO -General Office District, located at 3612 Cuming Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 8/25/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1109 – August 25 Meeting) David Lenke, HDR, 8404 Indian Hills Drive, on behalf of the applicant, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1109 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the request of The Salvation Army for a Special Use Permit to allow Large group living in a GO District located at 3612 Cuming Street – over from 8/25/15 – see attached. (See Doc. # 1109 – August 25 Meeting) # 1109 – From Chair on File - 15 - SPECIAL USE PERMIT – RECREATIONAL CLUB 29. Res. that the Special Use Permit application submitted by YMCA of Greater Omaha for a Major Amendment to a Special Use Permit (assumed) to allo w Recreational club in a R6- Low-Density Multiple-Family Residential District, located at 13010 Atwood 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", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evalu ated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 8/25/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1110 – August 25 Meeting) Matthew Chaddock, representing YMCA of Greater Omaha, appeared and spoke. Motion by Thompson that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1110 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the request of YMCA of Greater Omaha for a Major Amendment to a Special Use Permit (assumed) to allow Recreational club in a R6- Low-Density Multiple-Family Residential District, located at 13010 Atwood Avenue – over from 8/25/15 – see attached. (See Doc. # 1110 – August 25 Meeting) # 1110 – From Chair on File - 16 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 30 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – CONVENIENCE STORAGE 30. Res. that the Special Use Permit application submitted by Daryl Leise for a Special Use Permit to allow Convenience storage in a CC-Community Commercial District located Northeast of 204th and Farnam Streets, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordina nces 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 September 29, 2015 published in the Daily Record on September 18, 2015. CCID # 1209 – Over two weeks to September 29, 2015 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the request of Daryl Leise for a Special Use Permit to allow Convenience storage in a CC-Community Commercial District located Northeast of 204th and Farnam Streets – see attached. # 1209 – Over to 9/29/15 * * * * * * * * * * * * * * LIQUOR 31. CLASS “C” – Atch’s Five, LLC, dba “Varsity Sports Café & Roman Coin Pizza”, 4900 Dodge Street. New application, Old location. Present licensee is YAP on Dodge, L.L.C., dba “Varsity Sports Café – Roman Coin Pizza”, 4900 Dodge Street, who has a Class “C” 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)) Aaron Smeall, Smith Gardner Slusky Law, 8712 West Dodge Road Suite 400, on behalf of the applicant, appeared and spoke. Motion by Melton that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1182 – ADOPTED 7-0 - 17 - 32. CLASS “I” – Blue & Fly, LLC, dba “Blue & Fly Asian Kitchen”, 721 South 72 nd Street. New application, New location. Property posted: 09 -02-15; Notification sent: 09-04-15 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Yue Cong, 721 South 72nd Street, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1183 – ADOPTED 7-0 33. PACKAGE - RIFS, Inc., dba “Q St Express”, 8410 “Q” Street. New application, New location. Property posted: 09-02-15; Notification sent: 09-04-15 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Mike Kelley, 7134 Pacific Street, on behalf of the applicant, appeared and spoke. Motion by Melton that the Resolution to GRANT 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 Res. # 1184 – Adopted 6-0-1 Pass 34. Market Basket, Inc., dba “Market Basket”, 2501 South 90th Street, requests permission for an addition to their present Class “C” Liquor License loca tion of an outdoor area approx. 45’ x 17’ to the north. Property posted: 09 -02-15; Notification sent: 09-04-15 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Dave Fanslau, Planning Department, appeared and spoke. - 18 - CCID # 1185 – Motion by Thompson that the request be approved contingent upon their compliance with the City of Omaha Planning Department and proper permits attained Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Approved 7-0 (a) Communication from Michael W. Wilwerding, Chief Building Inspector, Permits & Inspection Division, requesting a layover until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: Market Basket, Inc., dba “Market Basket”, 2501 South 90 th Street for an addition to their present Class “C” Liquor License – see attached. CCID # 1185 – From Chair on File (b) Communication supporting the application of Market Basket, Inc., dba “Market Basket”, 2501 South 90th Street for an addition to their present Class “C” Liquor License location – see attached. CCID # 1185 – From Chair on File 35. Omaha Brewery, Inc., dba “Benson Brewery”, 6059 Maple Street, requests permission for an addition to their present Class “C” Liquor License location of the connected building approx. 45’ x 20’ to the east known as 6057 Ma ple Street. Property posted: 09-02-15; Notification sent: 09-04-15 – see attached. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mike Kelley, 7134 Pacific Street, on behalf of the applicant Chad Rozniecki, General Manager, Benson Brewery, 3639 South 104th Street CCID # 1186 – Motion by Melton that the request be approved Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 (a) Omaha Brewery, Inc., dba “Benson Brewery”, 6059 Maple Street, requests permission for an addition to their present Class “L” (Brew Pub) and Catering Liquor License location of the connected building approx. 45’ x 20’ to the east known as 6057 Maple Street. Property posted: 09-02-15; Notification sent: 09-04-15 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) - 19 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mike Kelley, 7134 Pacific Street, on behalf of the applicant Chad Rozniecki, General Manager, Benson Brewery, 3639 South 104th Street CCID # 1187 – Motion by Melton that the request be approved Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 36. 5918, Inc., dba “Musette Bar”, 6020 Maple Street, requests a deletion to their present Class “C” Liquor License location to remove 7 feet of the existing beer garden – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Attorney Sarah Mooney, on behalf of the applicant, appeared and spoke. CCID # 1188 – 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 37. Foursome Bar, Inc., dba “Harold’s Bar”, 8558 Blondo Street, requests permission to appoint Harold R. Newbanks, Jr., manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Mike Kelley, 7134 Pacific Street, on behalf of the applicant, appeared and spoke. CCID # 1189 – Motion by Melton that the request be approved Seconded by Thompson 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 Motion Carried 6-0-1 Pass - 20 - 38. The V-Omaha, LLC, dba “Alley V”, 3375 Oakview Drive, requests permission to appoint Jerry J. Goerig manager of their present Class “C” and Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jerry Goerig, Manager, Alley V, 3375 Oakview Drive, appeared and spoke. CCID # 1190 – Motion by Melton that the request be approved Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 39. Wadsworth Old Chicago, Inc., dba “Old Chicago”, 425 North 78th Street, requests permission to appoint Scott R. Blobaum manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Scott Blobaum, General Manager, Old Chicago, 425 North 78th Street, appeared and spoke. CCID # 1191 – 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 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 hearing on Agenda Item No. 40 was held on September 1, 2015.) CONSENT AGENDA – ORDINANCE 40. Ord. to add a new Section 21-8 in Article I of Chapter 21 of the Omaha Municipal Code, entitled “Hunting Prohibited,” which prohibits hunting in city parks and limits the possession of bows and arrows in city parks; and to provide the effective date thereof – see attached. (See Doc. # 1128 – August 25 and September 1 Meetings) Notice of public hearing on September 1, 2015 published in the Daily Record on August 28, 2015. Ordinance passed on September 15, 2015 published in the Daily Record on September 23, 2015. - 21 - CCID # 1128 – Motion by Gernandt that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 40490 – PASSED 7-0 (a) Communication from Michelle A. Peters, Assistant City Attorney, re: an Ordinance to add a new Section 21-8 in Article I of Chapter 21 of the Omaha Municipal Code, entitled “Hunting Prohi bited” – see attached. # 1128 – From Chair on File ((MOTION NEEDED THAT THE ORDINANCE ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 41 through 56 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 AGENDA ITEM NO. 41 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCIL PRESIDENT GRAY 41. Res. that, the Second Amendment to the Subdivision Agreement between the City of Omaha and Edward Rose Development Company, L.L.C., a Michigan limited liability company, as recommended by the Mayor, providing for the adjustment of the schedule for the installation of public improvements, is hereby approved. The Subdivision is known as Kensington Park (Lots 1 and 2) and is located Northwest of 207th and “Q” Streets – see attached. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Kirsten Rimes, Edward Rose & Sons, 6101 Newport Road, Kalamazoo, MI Opponent: Larry Jobeun, 11440 West Center Road, on behalf of Jerry Torczon For the City: Ryan Haas, Public Works Department Dave Fanslau, Planning Department Motion by Jerram that the Resolution NOT be adopted Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President CCID # 1193 – CARRIED 7-0 - 22 - 42. Res. that, as recommended by the Mayor, Change Order No. 1 for Swain Construction Company for the relocation of electrical services added to OPW 52607, to be performed as part of the Maple Street Improvements Project along 59th to 63rd Street, is hereby approved; and that, the Finance Department is authorized to pay an additional sum of $293,499.82, for the changes to the contract, from the 2010 Transportation Fund 13183, Transportation Bonds Organization 117117, year 2015 expenditure – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1194 – ADOPTED 7-0 43. Res. that, as recommended by the Mayor, the Professional Services Agreement with CH2M Hill Engineers, Inc. for additional engineering design services on OPW 52839, being the Stormwater Pumping System at the Missouri River Waste Water Treatment Plant project, is hereby approved; and that, the Finance Department is authorized to pay CH2M Hill Engineers, Inc. $27,680.00 for these professional engineering services from the Sewer Revenue Improvement Fund 21124, Capital Asset Replacement Program (CARP) Organization 116913; Sewer Revenue Bonds will be issued to finance this project – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1195 – ADOPTED 7-0 44. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Bobcat of Omaha for the purchase of three (3) equipment trailers to be utilized by the Street Maintenance Division in the amount of $30,300.00; and that the Finance Department is authorized to pay the cost of this purchase from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2015 funding – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1196 – ADOPTED 7-0 - 23 - 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 ready mixed concrete to be delivered to job sites throughout the City and within 3 m iles of the city limits; and, that the Finance Department is authorized to pay the cost of ready mixed concrete purchased under this bid from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2015 expenditures. Other Departments or Divisions utilizing this bid will pay for such usage from their respective cost centers – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1197 – ADOPTED 7-0 46. Res. that the application of Randy Ashley for a lease of City property adjacent to 1017 South 10th Street, Omaha, Nebraska for purposes of a fenced outdoor eating area, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1199 – ADOPTED 7-0 47. Res. that the application of FA Properties LLC for a lease of City property adjacent to 4310-4316 South 24th Street, Omaha, Nebraska for purposes of stairs, ADA ramp and exterior façade relief, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1200 – ADOPTED 7-0 - 24 - 48. Res. that the nomination of “Carrie Justus Street” as a commemorative street name on 57th Street between Grand Avenue and Browne Street is hereby approved; and the Public Works Department is authorized to erect the acceptable sign(s) therefore, in compliance with all applicable local and state statutes, ordinances or regulations, and policies with all costs to be borne by the applicant – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram , Melton, Mr. President Res. # 1169 – ADOPTED 7-0 49. Res. that, as recommended by the Mayor, the bid in the total amount of $36,258.76 from Swain Construction, Inc., to furnish labor, materials, and all incidentals necessary to complete the construction of the concrete sidewalk at Maple Village Park, located at 3865 Parkview Drive, being the best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the amount of $36,258.76 shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond, for the 2015 fiscal year – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1171 – ADOPTED 7-0 50. Res. that, as recommended by the Mayor, the bid in the total amount of $189,900.00 (includes Alternate No. 1, in the amount of $3,900.00) from Fauss Construction, Inc., to provide all tools, labor, mechanics for labor, equipment, and materials for the renovation of the exterior of the District #3 building, 4110 South 140th Street, being the best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conforman ce herewith. Funds in this amount shall be paid from the 2010 Parks & Recreation Bond Fund No. 13355, and Organization No. 117317, Parks & Cultures Bond, for the 2015 fiscal year – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1172 – ADOPTED 7-0 - 25 - 51. Res. that, as recommended by the Mayor, the purchase of Trap & Skeet Range Clay Targets for 2014, for the Harry A. Koch Trap and Skeet Range at Seymour Smith Park, located at 6802 Harrison Street, not to exceed $80,000.00, is hereby approved and the Purchasing Agent is authorized to issue an open purchase order in conformance herewith. Funds in this amount shall be paid from the City Wide Sports Revenue Fund No. 21108 and Organization No. 115366, Trap & Skeet – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1173 – ADOPTED 7-0 52. Res. to transfer unencumbered funds in the 2015 Adopted Budget in the amount of $2,000 from account 42854 (Seminar Registration) to account 42121 (Travel and Subsistence) for the Public Works Department – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1174 – ADOPTED 7-0 53. Res. that the City of Omaha retains its membership in the League of Nebraska Municipalities and pays its dues in the amount of $67,499.00 to be paid from the 2015 General Fund 11111, General Expense 119014, Account 42852 Membership Dues – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1175 – ADOPTED 7-0 54. Res. that the nomination and appointment by Mayor Stothert of Brian Kruse as a member of the Administrative Appeals Board for a three -year term, shall commence on September 18, 2015, and expire on September 17, 2018, be and hereby is confirmed – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1176 – ADOPTED 7-0 - 26 - 55. Res. that the City Law Department be directed to conclude this damage claim submitted with the City of Omaha from Metropolitan Utilities District for damages as a result of two large sewer main collapses at 19th & Pierce Streets on January 2, 2015 in an amount not to exceed $40,482.89, and that the City Finance Department shall issue such warrant as necessary with said funds to be paid from Sewer Revenue Fund No. 21121, Sewer Maintenance Organization No. 116511, Account No. 42255 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1201 – ADOPTED 7-0 56. Res. the City Law Department be directed to conclude this damage claim submitted with the City of Omaha from Tim and Linda Daugherty for damages as a result of a sewer backup at their residence located at 1502 South 88 th Street on October 14, 2013 in an amount not to exceed $50,000.00, and that the City Finance Department shall issue such warrant as necessary with said funds to be paid from Sewer Revenue Fund No. 21121, Sewer Maintenance Organization No. 116511, Account No. 42255 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1202 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCE ON FINAL READING 57. Ord. to accept the proposal from LeadsOnline, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to enter into a three-year agreement to utilize the Leads System to support Omaha Police Department investigations, as a unique and noncompetitive service, in the amount of $52,908.00 per year; and to provide the effective date hereof – over from 8/25/15 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE PASSED TODAY)) (See Doc. # 1092 – August 18 and August 25 Meetings) - 27 - CCID # 1092 – Motion by Thompson that the Ordinance be laid over two weeks to September 29, 2015 and continue the public hearing Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 (a) Document submitted re: the Ordinance to accept the proposal from LeadsOnline to enter into a three -year agreement to utilize the Leads System to support Omaha Police Department investigations – over from 8/25/15 – see attached. # 1092 – Over to 9/29/15 (b) Communication from James Dowding, City Council Chief of Staff, advising that Paul Kratz, City Attorney, requests that the ordinance approving the agreement with LeadsOnline be laid over two weeks to September 29, 2015 and continue the public hearing – see attached. # 1092 – From Chair on File RESOLUTION 58. Res. that the final offer attached as Exhibit “A” to this Resolution is the Association’s final offer for calendar year December 21, 2014 through December 14, 2015 for the wages, employee benefits and overall compensation practices for members of the Omaha Police Union Local No. 101 AFL-CIO-I.U.P.A. A/K/A Omaha Police Officers Association is hereby approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Opponent: Mark McQueen, Attorney, Baird Holm, on behalf of the Mayor For the City: Bernard in den Bosch, Deputy City Attorney CCID # 1177 – Motion by Melton that the Resolution NOT be adopted Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 - 28 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 59 THROUGH 60 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 59. Ord. to approve a Major Amendment to a PUD-Planned Unit Development Overlay District in a R6-Low-Density Multiple Family Residential District for the property located at 4502 South 60th Street; and to provide for an effective date – see attached. (See Doc. # 1155 – September 1 Meeting) CCID # 1155 – ORDINANCE ON SECOND READING – Final reading to be held on September 22, 2015 as per City Charter requirements. 60. Ord. to rezone property located at 7023 Cass Street from R2-Single Family Residential District (Low Density) to LC-Limited Commercial District. (See Doc. # 1156 – September 1 Meeting) CCID # 1156 – ORDINANCE ON SECOND READING – Final reading to be held on September 22, 2015 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 61. Ord. to approve a contract between the City of Omaha and the Elkhorn Public Schools for the City to provide, through its assignment, one Associate School Resource Officer and a marked police cruiser, subject to the availability of such cruiser and Elkhorn’s needs, to the premises of Elkhorn High School, located at 711 Veterans Drive, involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter, to perform police work at the District property twenty (20) hours per week while school is in session during the regular school year, from August 10, 2015 and ending at the close of the 2015 - 2016 school year. The reimbursement payment from the Elkhorn Public Schools to the City will be in the amount of $28.50 per hour for the officer, not to exceed $22,353.00; and to provide for an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1160 – September 1 Meeting) CCID # 1160 – Public Hearing was held today – Final reading set for September 22, 2015 as per City Charter requirements. - 29 - 62. Ord. to accept the bid from BlueCloud for carpet and upholstery cleaning service at ten Omaha Public Library facilities (W. Dale Clark (Main) Library, Milton R. Abrahams Branch, Benson Branch, Bess Johnson Elkhorn Branch, Florence Branch, Millard Branch, A. V. Sorensen Branch, W. Clarke Swanson Branch, Charles B. Washington Branch, and Willa Cather Branch), in accordance with t he lowest bid submitted meeting specifications, for an initial term from approximately October 1, 2015, to September 30, 2018, and thereafter, extendible for two one - year terms at the sole option of the City, commencing upon approval; to authorize annual payments of approximately $46,452.00; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1164 – September 1 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Brandon Tenney, President, BlueCloud, 13406 A Street For the City: Regina Dale, Omaha Public Library, 215 South 15th Street CCID # 1164 – Public Hearing was held today – Final reading set for September 22, 2015 as per City Charter requirements. “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 63 THROUGH 67 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 63. Ord. to rezone the property located at 4953 Mayberry Street from R4(35)-Single- Family Residential District (High Density) to R4-Single-Family Residential District (High Density). CCID # 1178 – Publication to be made and Public Hearing and Third Reading to be held on September 29, 2015 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 4953 Mayberry Street from R4(35) to R4 – see attached. # 1178 – Over to 9/29/15 64. Ord. to approve a Major Amendment to a Mixed Use District Development Agreement for Aksarben Business and Education Campus, to allow for the construction of student housing dormitories and a parking garage, located at 6450 Pine Street between the City of Omaha and Tetrad Development Corporation, providing site development standards; and to provide for an effective date – see attached. CCID # 1203 – Publication to be made and Public Hearing and Third Reading to be held on September 29, 2015 as per City Charter requirements. - 30 - (a) Planning Board and Planning Department recommends appro val of a Major Amendment to the Aksarben Business and Education Campus Mixed Use District Development Agreement located at 6450 Pine Street to allow for the construction of student housing dormitories and a parking garage. The applicant is Tetrad Development Corporation – see attached. # 1203 – Over to 9/29/15 65. Ord. to rezone the property located at 4765 South 135 th Street from GI-General Industrial District and HI-Heavy Industrial District to GI-General Industrial District (portions of the property lie within the flood fringe). CCID # 1204 – Publication to be made and Public Hearing and Third Reading to be held on September 29, 2015 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 4765 South 135th Street from GI-General Industrial District and HI-Heavy Industrial District to GI-General Industrial District (portions of the property lie within the flood fringe) – see attached. # 1204 – Over to 9/29/15 66. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located Northeast of 204th and Farnam Streets; and to provide for an effective date – see attached. CCID # 1208 – Publication to be made and Public Hearing and Third Reading to be held on September 29, 2015 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of an MCC-Major Commercial Corridor Overlay District, for property located Northeast of 204th and Farnam Streets – see attached. # 1208 – Over to 9/29/15 ORDINANCE ON FIRST READING 67. Ord. to approve a Real Estate Exchange Agreement and grant a fence easement and a permanent access easement for property near 135 th Street and Millard Avenue to the Lyman Richey Corporation for purposes of transferring real estate belonging to the City and used by Park Maintenance, authorizing the Mayor to execute the attached Agreement and Permanent Easement; and to provide an effective date thereof – see attached. - 31 - CCID # 1207 – Publication to be made and Public Hearing and Third Reading to be held on September 29, 2015 per City Council Rule VII D. * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 68 THROUGH 79 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING and Planning Board Attachments 68. Ord. to designate the Atlas Apartments located at 1609 Binney Street as a landmark pursuant to the Landmark Heritage Preservation Ordinance of the City of Omaha – see attached. CCID # 1179 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request for a Local Landmark Designation for the Atlas Apartments (15-11-H1) located at 1609 Binney Street – see attached. # 1179 – Over to 9/22/15 69. Ord. to designate the Ernest P. Buffett House located at 1015 South 30 th Avenue as a landmark pursuant to the Landmark Heritage Preservation Ordinance of the City of Omaha – see attached. CCID # 1180 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. (a) Planning Board and Planning Department recomm end approval of a request for a Local Landmark Designation for the Ernest P. Buffett House (15-09-H1) located at 1015 South 30th Avenue – see attached. # 1180 – Over to 9/22/15 ORDINANCES ON FIRST READING 70. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a new Class “A” Flammable Liquids Storage District, to be known as District No. A - 152, at 902 Grace Street, as requested by Seth S carlett of Cooter Enterprises, Inc.; and to provide the effective date hereof – see attached. CCID # 1210 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. - 32 - 71. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a new Class “A” Flammable Liquids Storage District, to be known as District No. A - 153, at 12520 “F” Plaza, as requested by Dustin Dyer of Liberty Grounds, LLC; and to provide the effective date hereof – see attached. CCID # 1211 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. 72. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a new Class “B” Flammable Liquids Storage District to be known as District No. B - 189 at 17500 Burke Street, as requested by Dan Steinbach for Madonna Rehabilitation Hospital; and to provide the effective date hereof – see attached. CCID # 1212 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. 73. Ord. to approve the acceptance of the Nebraska Crime Commission, 2015 Juvenile Services Grant, award #15-JS-0420 to Completely KIDS, in the amount of $37,500, with a match of $41,890 provided by the subcontractor Completely KIDS; during the project period of July 1, 2015 to June 30, 2016, to provide program support for the Liberty Project, a program to address youth violence through family strengthening and youth therapy services to diminish risk factors associated with trauma and violence; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providin g for the effective date hereof – see attached. CCID # 1213 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. 74. Ord. (1) to approve an agreement between the City of Omaha and the Boys & Girls Clubs of the Midlands in the amount of thirty six thousand four hundred and sixty three dollars ($36,463); and (2) to authorize funding for such agreement from the FY 2013 Edward Byrne Memorial Justice Assistance Grant Program, award #2013-DJ-BX-0974, awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); to employ a South Omaha Gang Specialist; involving a ppropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof – see attached. CCID # 1214 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. - 33 - 75. Ord. to approve an agreement between the City of Omaha and Completely KIDS in the amount of thirty seven thousand five hundred dollars ($37,500) to conduct the Liberty Elementary Project; to strengthen families and provide youth therapy services to diminish risk factors associated with trauma and violence during the period of July 1, 2015 and June 30, 2016; to authorize funding for such agreement from the Nebraska Commission on Law Enforcement and Criminal Justice (Nebraska Crime Commission) FY 2015 Juvenile Services Grant, Awards #15-JS-0420; and to authorize payment from such grant funding and in volving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. CCID # 1215 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. 76. Ord. (1) to approve an agreement between the City of Omaha and Brenda L. Daley and Associates in the amount of thirty two thousand seven hundred and sixty dollars ($32,760); and (2) to authorize funding for such agreement from the City of Omaha’s FY 2014 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods): Category 3, grant award #2014-GP-BX-0010, awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); to provide funding for the position of the Project Safe Neighborhoods (PSN) Director of Operations; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof – see attached. CCID # 1216 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. 77. Ord. to approve an agreement between the City of Omaha and the GOALS Center in the amount of thirty four thousand seven hundred and t wenty dollars ($34,720) to support a family advocate to address absenteeism and at -risk behavior among youth to improve student attendance and learning during the period of July 1, 2015 and June 30, 2016; to authorize funding for such agreement from the Nebraska Commission on Law Enforcement and Criminal Justice (Nebraska Crime Commission) FY 2015 Juvenile Services Grant, Award #15-JS-0413; and to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. CCID # 1217 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. - 34 - 78. Ord. to approve an agreement between the City of Omaha and the Latino Center of the Midlands in the amount of forty four thousand one hundred and nineteen dollars ($44,119) to provide youth violence prevention programming to young males between the ages of 14 to 18 during the period of July 1, 2015 and June 30, 2016; to authorize funding for such agreement from the Nebraska Commission on Law Enforcement and Criminal Justice (Nebraska Crime Commission) FY 2015 Juvenile Services Grant, Award #15-JS-0417; and to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. CCID # 1218 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. 79. Ord. to amend Omaha Municipal Code Sections 20-320, 30-261, and 30-265 to prohibit the possession, use, discharge, retail sale, offer for retail sale, or explosion of flying lanterns; to repeal Sec. 20 -320, 30-261, and 30-265 as heretofore existing; and to provide the effective date thereof – see attached. CCID # 1181 – Publication to be made and Public Hearing to be held on September 22, 2015 as per City Charter requirements. * * * * * * * * * * * * * ADDITIONAL RESOLUTIONS 80. Res. that, as recommended by the Mayor, the purchase from PCMG, Inc., the lowest bidder according to specifications, in the amount of twenty seven thousand six hundred and sixteen dollars ($27,61 6) for the purchase of thirty eight (38) Apple iPads (128GB, Wi-Fi only) and forty eight (48) AppleCare+ licenses for the Omaha Fire Department (OFD), Fire Prevention Bureau to electronically collect and enter critical building data during regular inspection visits, is hereby approved. Further that, the Finance Department of the City of Omaha is authorized to pay PCMG, Inc. in the amount of $27,616 for the purchase of thirty eight (38) Apple iPads (128GB, Wi-Fi only) and forty eight (48) AppleCare+ licenses, budgeted from and funded by the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) FY2013 Assistance to Firefighters Grant Program – Fire Prevention and Safety Grant, award #EMW -2013-FP-01003, Fund 12168, Organization 114551 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1219 – ADOPTED 7-0 - 35 - 81. Res. that the reappointment by Mayor Jean Stothert of Jacquelene Miller Donovan as a regular member of the Zoning Board of Appeals, to serve a five year term which shall commence on September 27, 2015 and expire on September 26, 2020, be and hereby is confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Melton that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Res. # 1220 – ADOPTED 7-0 EXECUTIVE SESSION 82. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Motion by Gernandt that the meeting be adjourned Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 ADJOURNED: 4:04 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 September 15, 2015. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 17TH DAY OF SEPTEMBER, 2015.