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2015-08-18j28th REGULAR OMAHA CITY COUNCIL MEETING AUGUST 18, 2015 THE CITY COUNCIL met in Regular Session on Tuesday, August 18, 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 # 1069 – Present: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Rich Pahls of District No. 5. 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 14, 2015, notice re: Pre-Council and Regular City Council Meetings, August 18, 2015. CCID # 1070 – 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 - ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rescind the PK-Parking Overlay District for property located Southeast of Leavenworth Street and Park Avenue, and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 956 – July 28 and August 11 Meetings) Notice of public hearing on August 18, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared and spoke. CCID # 956 – Motion by Jerram that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40440 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of the request to repeal the PK-Parking Overlay District, for property located Southeast of Leavenworth Street and Park Avenue – see attached. (See Doc. # 956 – July 28 Meeting) # 956 – From Chair on File 6. Ord. to rezone property located Southeast of Leavenworth Street and Park Avenue from GC-General Commercial District and R7-Medium-Density Multiple- Family Residential District to NBD-Neighborhood Business District (property is also located within an existing ACI-1 (PL) Overlay District). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 957 – July 28 and August 11 Meetings) Notice of public hearing on August 18, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared and spoke. CCID # 957 – Motion by Jerram that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40441 – PASSED 7-0 - 3 - (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southeast of Leavenworth Street and Park Avenue from GC and R7 to NBD (property is also located within an existing ACI-1(PL) Overlay District) – see attached. (See Doc. # 957 – July 28 Meeting) # 957 – From Chair on File 7. Res. that the preliminary plat entitled KOHLL’S PLACE, located Southeast of Leavenworth Street and Park Avenue, 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 7/28/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 958 – July 28 Meeting) Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 958 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of KOHLL’S PLACE, located Southeast of Leavenworth Street and Park Avenue – Inside City – over from 7/28/15 – see attached. (See Doc. # 958 – July 28 Meeting) # 958 – From Chair on File 8. Res. that the replat transmitted herewith entitled KOHLL’S PLACE, located Southeast of Leavenworth Street and Park Avenue, is hereby approved, and concurrently a portion of the existing plat entitled Terrace Addition, and described on said replat, is hereby vacated – Inside City – over from 7/28/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 959 – July 28 Meeting) Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared and spoke. - 4 - Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 959 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of KOHLL’S PLACE, located Southeast of Leavenworth Street and Park Avenue – Inside City – over from 7/28/15 – see attached. (See Doc. # 959 – July 28 Meeting) # 959 – From Chair on File ORDINANCES ON FINAL READING and Planning Board Attachments 9. Ord. to amend Chapter 10 of the Omaha Municipal Code: to amend Section 10 - 310 to clarify projects covered by the Arterial Street Improvement Program (ASIP); amend Section 10-311 to clarify projects covered by ASIP; amend Section 10-313 to establish a new schedule of ASIP Fees; amend Section 10- 314 to clarify Douglas County involvement; amend Section 10 -315 to update the list of ASIP projects; amend Section 10-316 to clarify Douglas County's construction responsibilities; amend Section 10 -317 to allow ASIP funds to be expended within the City's jurisdiction; amend Section 10 -319 to refine the effective date of the article; to repeal Sections 10-310, 10-311, 10-313, 10-314, 10-315, 10-316, 10-317, and 10-319 of the Omaha Municipal Code as heretofore existing, and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 960 – July 28 and August 11 Meetings) Notice of public hearing on August 18, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. John Fullenkamp, 11440 West Center Road, appeared and spoke. CCID # 960 – Motion by Festersen that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40442 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an amendment to the Arterial Street Improvement Program (ASIP) – see attached. (See Doc. # 960 – July 28 Meeting) # 960 – From Chair on File - 5 - 10. Ord. to adopt an Amendment to the Sanitary Interceptor Sewer Element of the City of Omaha Master Plan; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 961 – July 28 and August 11 Meetings) Notice of public hearing on August 18, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. John Fullenkamp, 11440 West Center Road, appeared and spoke. CCID # 961 – Motion by Festersen that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40443 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an Amendment to the Sanitary Interceptor Sewer Element of the Master Plan – see attached. (See Doc. # 961 – July 28 Meeting) # 961 – From Chair on File 11. Ord. to amend Chapter 31 of the Omaha Municipal Code: to amend Section 31 - 256 to reference the 2015 update to the Interceptor Sewer Master Plan; amend Section 31-259 to establish a new schedule of Interceptor Sewer Fees; to repeal Sections 31-256 and 31-259 of the Omaha Municipal Code as heretofore existing, and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 962 – July 28 and August 11 Meetings) Notice of public hearing on August 18, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. John Fullenkamp, 11440 West Center Road, appeared and spoke. CCID # 962 – Motion by Festersen that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40444 – PASSED 7-0 12. Ord. to approve an Amendment to the Transportation Element of the Master Plan for the City of Omaha regarding Complete Streets, and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 963 – July 28 and August 11 Meetings) - 6 - Notice of public hearing on August 18, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Adi Pour, Douglas County Health Department, 1111 South 41st Street Mark Stursma, Vice Chair, Active Living Advisory Committee, 13829 Arbor Street Greg Youell, Executive Director, MAPA, 2222 Cuming Street Julie Harris, Director, Nebraska Bicycling Alliance, 6427 North 150th Street Doug Bisson, HDR Engineering, 8404 Indian Hills Drive David Levy, Omaha by Design Board of Directors, Baird Holm Law Firm Sara Sjolie, Executive Director, Live Well Omaha, 1516 Cuming Street For the City: Derek Miller, Planning Department CCID # 963 – Motion by Jerram that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40446 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an Amendment to the Transportation Element of the City’s Master Plan regarding Complete Streets – see attached. (See Doc. # 963 – July 28 Meeting) # 963 – From Chair on File (b) Communications supporting the Ordinance approving an Amendment to the Transportation Element of the Master Plan for the City of Omaha regarding Complete Streets – see attached. # 963 – From Chair on File 13. Ord. to approve an amendment to the Urban Development Element of the Master Plan for the City of Omaha, to move the Present Development Zone boundary at various locations within the City of Omaha zoning jurisdiction; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 964 – July 28 and August 11 Meetings) Notice of public hearing on August 18, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. - 7 - John Fullenkamp, 11440 West Center Road, appeared and spoke. CCID # 964 – Motion by Festersen that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40445 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an amendment to the Urban Development Element of the Master Plan to change the Present Development Zone boundary – see attached. (See Doc. # 964 – July 28 Meeting) # 964 – From Chair on File LIQUOR 14. Walgreen Co., dba “Walgreens 3186”, 3701 North 132nd Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 975 – August 11 Meeting) Renee Snider, 11838 Arbor Street, appeared and spoke. CCID # 975 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (a) Walgreen Co., dba “Walgreens 3621”, 9001 Blondo Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 976 – August 11 Meeting) CCID # 976 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (b) Walgreen Co., dba “Walgreens 4443”, 9001 West Center Road, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 977 – August 11 Meeting) - 8 - CCID # 977 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (c) Walgreen Co., dba “Walgreens 4974”, 5038 Center Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 978 – August 11 Meeting) CCID # 978 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (d) Walgreen Co., dba “Walgreens 5059”, 10725 Fort Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 979 – August 11 Meeting) CCID # 979 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (e) Walgreen Co., dba “Walgreens 5143”, 7151 Cass Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 980 – August 11 Meeting) CCID # 980 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (f) Walgreen Co., dba “Walgreens 5190”, 2323 “L” Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 981 – August 11 Meeting) - 9 - CCID # 981 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (g) Walgreen Co., dba “Walgreens 5360”, 5062 South 155th Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 982 – August 11 Meeting) CCID # 982 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (h) Walgreen Co., dba “Walgreens 5741”, 3001 Dodge Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 983 – August 11 Meeting) CCID # 983 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (i) Walgreen Co., dba “Walgreens 5966”, 2605 South 171st Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 984 – August 11 Meeting) CCID # 984 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (j) Walgreen Co., dba “Walgreens 6802”, 15525 Spaulding Plaza, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 985 – August 11 Meeting) - 10 - CCID # 985 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (k) Walgreen Co., dba “Walgreens 6936”, 4310 Ames Avenue, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 986 – August 11 Meeting) CCID # 986 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (l) Walgreen Co., dba “Walgreens 6962”, 3121 South 24 th Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 987 – August 11 Meeting) CCID # 987 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (m) Walgreen Co., dba “Walgreens 7272”, 13155 West Center Road, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 988 – August 11 Meeting) CCID # 988 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (n) Walgreen Co., dba “Walgreens 7563”, 8989 West Dodge Road, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 989 – August 11 Meeting) - 11 - CCID # 989 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (o) Walgreen Co., dba “Walgreens 7693”, 225 North Saddle Creek Road, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 990 – August 11 Meeting) CCID # 990 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (p) Walgreen Co., dba “Walgreens 10437”, 5225 North 90 th Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 9991 – August 11 Meeting) CCID # 991 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (q) Walgreen Co., dba “Walgreens 11205”, 6005 North 72 nd Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 992 – August 11 Meeting) CCID # 992 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (r) Walgreen Co., dba “Walgreens 13137”, 13510 “Q” Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location – see attached. (See Doc. # 993 – August 11 Meeting) - 12 - CCID # 993 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (s) Walgreen Co., dba “Walgreens 15237”, 2929 North 60th Street, requests permission to appoint Renee L. Snider manager of their present Package Liquor License location over from 8/11/15 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) (See Doc. # 994 – August 11 Meeting) CCID # 994 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 15. CLASS “C” – Loh Cal, Inc., dba “Pauli’s”, 6750 Mercy Road, Suite 101. New application, New location. Property posted: 07-27-15; Notification sent: 08-07-15 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Jeff Lohmeier, President, Loh Cal, Inc., dba “Pauli’s”, 958 Fawn Parkway, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1071 – ADOPTED 7-0 16. CATERING - Loh Cal, Inc., dba “Pauli’s”, 6750 Mercy Road, Suite 101. New application, New location. Property posted: 07 -27-15; Notification sent: 08-07-15 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Jeff Lohmeier, President, Loh Cal, Inc., dba “Pauli’s”, 958 Fawn Parkway, appeared and spoke. - 13 - Motion by Thompson that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1072 – ADOPTED 7-0 17. CLASS “C” – Travel & Transport, Inc., dba “Travel Design Lounge”, 16950 Wright Plaza, Suite 151. New application, New location. Property posted: 07 -24-15; Notification sent: 08-07-15 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Michelle Holmes, 56741 195th Street, Pacific Junction, IA, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1073 – ADOPTED 7-0 18. CLASS “I” – H & T Enterprises, Inc., dba “Harrington’s”, 301 North 175th Plaza. New application, New location. Property posted: 07-24-15; Notification sent: 08-07-15 – 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: Nathan Harrington, 17115 Locust Street Brian Talkington, 3922 South 191st Avenue Application read Motion by Festersen that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1074 – ADOPTED AS AMENDED 7-0 (a) Communication from Nathan Harrington, President of H & T Enterprises, Inc., dba “Harrington’s”, 301 North 175th Plaza, requesting to amend their application for a Class “I” Liquor License to correct the dimensions of the outdoor area from 31’ x 8’ to become 43’ x 17’ per State enforcement – see attached. - 14 - # 1074 – Motion by Festersen to approve the Amendment Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 (b) Communication supporting the application of H & T Enterprises, Inc., dba “Harrington’s”, 301 North 175th Plaza, for a Class “I” Liquor License – see attached. # 1074 – From Chair on File 19. CLASS “I” – LOLO’s MWD, LLC, dba “Lo Lo’s Chicken & Waffles”, 7051 Ames Avenue. New application, New location. Property posted: 07 -27-15; Notification sent: 08-07-15 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) John Sgourakis, 1550 Skylark Drive, appeared and spoke. Application read Motion by Gernandt that the City Council Liquor Rules (Rule 7) be suspended Seconded by Thompson ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 Motion by Festersen that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1075 – ADOPTED 7-0 Motion by Gernandt that the City Council Liquor Rules be reinstated Seconded by Thompson ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 20. CLASS “I” – SMG Food and Beverage, LLC, dba “Savor”, 2425 South 67th Street. New application, New location. Property posted: 07-27-15; Notification sent: 08-07-15 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Christopher Bennivento, Vice President, SMG Food and Beverage, LLC, West Conshohocken, PA, appeared and spoke. - 15 - Motion by Jerram that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1076 – ADOPTED 7-0 21. CATERING – SMG Food and Beverage, LLC, dba “Savor”, 2425 South 67th Street. New application, New location. Property posted: 07 -27-15; Notification sent: 08-07-15 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Christopher Bennivento, Vice President, SMG Food and Beverage, LLC, West Conshohocken, PA, appeared and spoke. Motion by Jerram that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1077 – ADOPTED 7-0 22. PACKAGE – Midwest Site, LLC, dba “Russell’s Speeder’s Car Wash”, 11212 Wright Circle. New application, New location. Property posted: 07 -27-15; Notification sent: 08-07-15 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Christopher Moore, Russell Speeder’s Car Wash, 114th & Center Streets, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1078 – ADOPTED 7-0 (a) Communication opposing the application of Midwest Site, LLC, dba “Russell’s Speeder’s Car Wash”, 11212 Wright Circle, for a Package Liquor License – see attached. # 1078 – From Chair on File 23. Smirk Enterprises, LLC, dba “West Lanes Bowling Alley”, 151 North 72 nd Street, requests permission for an addition to their present Class “C” Liquor License location of an outdoor area approx. 31’ x 72’ to the east. Property posted: 07-24-15; Notification sent: 08-07-15 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) - 16 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Ray Kurtzuba, President, Smirk Enterprises, LLC, dba “West Lanes Bowling Alley” For the City: Jay Davis, Assistant Planning Director CCID # 1079 – Application read Motion by Festersen to amend the application from 31’ x 72’ to 10’ x 25’ for the outdoor area Seconded by Thompson ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 Motion by Festersen that the request be APPROVED AS AMENDED Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 24. Crab Addison, Inc., dba “Joe’s Crab Shack”, 701 North 102 nd Street, requests permission to appoint William D. Hoyt manager of their present Class “C” and Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) William Hoyt, General Manager, Joe’s Crab Shack, 13031 Brown Circle, appeared and spoke. CCID # 1080 – Motion by Melton that the request be approved Seconded by Thompson ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 25. Johnny’s Italian Steakhouse, LLC, dba “Johnny’s Italian Steakhouse”, 305 North 170th Street, requests permission to appoint Jamie E. Arnold manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jamie Arnold, General Manager, Johnny’s Italian Steakhouse, 10913 Black Street, appeared and spoke. CCID # 1081 – Motion by Thompson that the request be approved Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 - 17 - 26. American Multi-Cinema, Inc., dba “AMC Oakview Plaza 24”, 3555 South 140 th Plaza, requests permission to appoint Jeffrey S. Baumhover manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jeffrey Baumhover, 5024 Bedford Avenue, appeared and spoke. CCID # 1082 – Motion by Thompson that the request be approved Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 27. Bemis Center For Contemporary Arts, 724 South 12 th Street, requests permission to appoint Alex A. Priest manager of their present Class “I” and Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Alex Priest, Exhibition Manager, Bemis Center For Contemporary Arts, 801 Pacific Street, appeared and spoke. CCID # 1083 – Motion by Jerram that the request be approved Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 28. Second Wind, Inc., dba “Crescent Moon Ale House”, 3578 Farnam Street, requests permission for a Special Designated License for a beer garden on September 25, 2015 from 12:00 noon to 2:00 a.m. and September 26, 2015 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)) Candice Blackman, 4802 Capitol Avenue, appeared and spoke. CCID # 1084 – Motion by Jerram that the request be approved Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 - 18 - 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. 29 through 33 were held on August 11, 2015.) CONSENT AGENDA – ORDINANCES 29. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Icon Properties Midtown LLC, a Nebraska limited liability company, to implement The Ones at 35th & Dodge Tax Increment Financing (TIF) Redevelopment Project Plan for a project located at 111 N. 35th Street and 3412, 3420 and 3424 Dodge Street, which proposes the demolition of four single-family home structures and the replacement with a new four -story apartment structure, to include a lower level undergro und climate controlled parking area with 22 stalls; the agreement authorizes the use of up to $590,750.00 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. (See Doc. # 967 – July 28 and August 11 Meetings) Notice of public hearing on August 11, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. CCID # 967 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40447 – PASSED 7-0 30. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Lanoha 135 Millard, LLC, a Nebraska limited liability company, to implement the Millard Lumber Tax Increment Financing (TIF) Redevelopment Project Plan for a site generally bounded by Millard Avenue on the northwest, South 134th and South 132nd Street on the north, "Q" Street on the southeast and South 135th Street on the south, which proposes the construction of a modern mixed-use redevelopment consisting of approximately 338 market-rate multi-family housing units, office and retail space, and surface parking; the agreement authorizes the use of up to $8,885,693.00 in excess ad valorem taxes (TIF) generated by the develop ment to help fund the cost of the project; and providing for an effective date – see attached. (See Doc. # 969 – July 28 and August 11 Meetings) - 19 - Notice of public hearing on August 11, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. CCID # 969 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40448 – PASSED 7-0 31. Ord. to approve and execute a contract 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, with SilverStone Group, Inc., for group benefit consulting services for a period commencing on approval by the City Council and ending on February 28, 2018, with an option for two 1-year extensions beginning respectively on March 1, 2018, and March 1, 2019; to authorize the Mayor to execute and the City Clerk to attest to such contract; to authorize payment in accordance with the terms and conditions contained therein in the monthly amounts of $13,000 in Year 1 from approval to February 29, 2016, $13,400 in Year 2, and $13,800 in Year 3, and if the extension options are exercised, in the amounts of $14,250 in Year 4; and $14,650 in Year 5 from General Fund 11111, Organizations 105011 -105015 for services related to Human Resource functions such as open enrollment, compliance and communication assistance; from General Fund 11111, Organizations 118018 (Active), 118014 (Retiree), 118015 (COBRA), Account 41331 for services related to health care; and from General Fund 11111, Organization 118017, Account 42135, for services related to workers’ compensation and related fields; and to provide an effective date – see attached. (See Doc. # 968 – July 28 and August 11 Meetings) Notice of public hearing on August 11, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. CCID # 968 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40449 – PASSED 7-0 - 20 - 32. Ord. to approve the acceptance of and authorize disbursement over more than one fiscal year from the Nebraska Crime Commission, 2014 -2015 Office of Violence Prevention (OVP) Grant, award #14 -VP-5001, in the amount of eighty two thousand and seventeen dollars ($82,017); match of one thousand two hundred and fifty dollars ($1,250) provided from Fund 11111, Organization 126046 (Community Development Support), and total program budget in the amount of eighty three thousand two hundred and sixty seven dollars ($83,267), during the project period extending from June 1, 2015 to June 1, 2016; to provide funding for one (1) full-time Intelligence Analyst with the OPD Gang Unit as detailed in the attached grant application; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. (See Doc. # 971 – July 28 and August 11 Meetings) Notice of public hearing on August 11, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. CCID # 971 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40450 – PASSED 7-0 33. Ord. to approve the acceptance of the Nebraska Crime Commission, FY 2015 Juvenile Services Grant Awards: #15-JS-0412, Hope Employment and Learning Academy, in the amount of $25,800, with a match of $6,020 provided by the subcontractor Hope Center for Kids; #15-JS-0413, Greater Omaha Attendance and Learning Services Center, in the amount of $34,720, with a match of $19,780 provided by the subcontractor GOALS Center; #15 -JS-0415, Eastern Nebraska Community Action Partnership Mini-Pros, in the amount of $22,875, with a match of $7,625 provided by the subcontractor Eastern Nebraska Community Action Partnership (ENCAP); and #15 -JS-0417, Joven Noble/“Noble Youth” Program Expansion, in the amount of $44,119, with a match of $7,488 provided by the subcontractor Latino Center of the Midlands; during the project period of July 1, 2015 to June 30, 2016, to provide program support to four (4) youth-service agencies; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. (See Doc. # 972 – July 28 and August 11 Meetings) Notice of public hearing on August 11, 2015 published in the Daily Record on July 31, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. - 21 - CCID # 972 – Motion by Gernandt that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40451 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 34 through 40 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 n ame, address, who you represent, and if you are a proponent or opponent.) CONSENT AGENDA – RESOLUTIONS 34. Res. that, Resolution No. 1010, adopted by the City Council on August 11, 2015, is hereby rescinded; and that the City Clerk is hereby authorized and directed to publish the Petition for improvement of Poppleton Avenue from 78th Avenue to 80th Street within Street Improvement District No. 6876, to publish notice of the right to protest the said Petition and the said improvement, and to mail the said notice to record owners of taxable property within the said District, all as provided in this Resolution – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1096 – ADOPTED 7-0 35. Res. that, as recommended by the Mayor, the Program Agreement between the City of Omaha and the Nebraska Department of Roads for Project MAPA - 5082(7), State Control No. 22681, being Resurfacing Project, Omaha, with the City’s share of the project cost, estimated to be $1,266,900.00, which will 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 Agreement on behalf of the City of Omaha – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1086 – ADOPTED 7-0 - 22 - 36. Res. that pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on May 24, 2011, the City of Omaha officially designates the Mexican Independence Day Parade as a special event under LB 589 and NEB. REV. STAT. §39-1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties imposed by such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a result of the special event and the temporary use of U.S. Highway 275/NE 92 crossing the intersection of 24th Street on September 12, 2015, between the hours of 9:30 am and 12:30 pm., for the enti re route of the Nebraska Hispanic Chamber of Commerce special event, the Mexican Independence Day Parade – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1087 – ADOPTED 7-0 37. Res. that, the attached Agreement, as recommended by the Mayor, between the City of Omaha and the National Fish and Wildlife Foundation (NFWF), an independent non-profit organization created by Congress, 1133 Fifteenth Street NW, Suite 1100, Washington DC 20005, in the amount of $39,490.00 for the purpose of creating temporary and permanent community gardens on city owned vacant lots, is hereby approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1088 – ADOPTED 7-0 38. Res. that, as recommended by the Mayor, the bid in the total amount of $64,350.00 from Ted’s Mower Sales & Service, Inc., to purchase six (6) 72” Self - propelled SCAG Turf Tiger mowers, being the best bid received, within bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the City Capital Improvement Fund No. 13112 and Organization No. 132026, Culture and Parks. The City will finance the purchase of the equipment through the issuance of lease purchase bonds – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1089 – ADOPTED 7-0 - 23 - 39. Res. that, the following be, and they hereby are and each of them hereby is, approved: the actions of the Omaha-Douglas Public Building Commission in offering for sale its $8,840,000 Omaha -Douglas Public Building Commission Refunding Bonds, Series 2015 (City of Omaha and the County of Douglas, Nebraska, tenants), the amount of said bonds; the rates of interest to be born by said bonds; the maturity schedule of said bonds; the redemption provision of said bonds; the method of sale of said bonds; the purchase price for said bonds; the Official Statement concerning said bonds and the distribution thereof; the Supplemental Bond Resolution providing for the issuance and sale of said bonds; the issuance by the Commission of said bonds bearing the rates of interest specified above; and said bonds being the 2015 Bonds described in the Fourteenth Supplemental Agreement – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1090 – ADOPTED 7-0 40. Res. that the appointment by Mayor Jean Stothert of Steven Andersen, Karen Bexton, Shawn Deane, William Hanes, James Lang, and Jerry Standerford to serve as members of the Property Maintenance Appeals Board, commencing on August 14, 2015 and continuing until the end of each of their respective t erms, be and hereby is confirmed – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1091 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCES ON FINAL READING 41. Ord. to create Road Maintenance Improvement District No. 745-22, in the City of Omaha, for the purpose of improving South 78 th Avenue from Woolworth Avenue north to Poppleton Avenue by asphalt overlay; to fix and define the boundaries of said district; to provide for the determination and assessmen t 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 – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 965 – July 28 and August 11 Meetings) - 24 - Notice of public hearing on August 18, 2015 published in the Daily Record on July 30, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. CCID # 965 – Motion by Thompson that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40452 – PASSED 7-0 42. Ord. to create Road Maintenance District No. 845-23, in the City of Omaha, for the purpose of improving Ames Ave, Bounded by North 85 th Street on the south to North 87th Avenue on the north, together with North 87th Avenue, bounded by Ames Avenue on the east to approximately 114 feet north of Boyd Street by asphalt sealant 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 – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 966 – July 28 and August 11 Meetings) Notice of public hearing on August 18, 2015 published in the Daily Record on July 30, 2015. Ordinance passed on August 18, 2015 published in the Daily Record on August 26, 2015. CCID # 966 – Motion by Melton that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President ORDINANCE # 40453 – PASSED 7-0 43. Res. that, the City Clerk is hereby authorized and directed to publish the Petition for improvement of Ames Avenue, bounded by N. 85 th Street on the south to N. 87th Avenue on the north; together with N. 87 th Avenue, bounded by Ames Avenue on the east to approximately 114 feet north of Boyd Street on the south within Road Maintenance District No. 845-23, to publish notice of the right to protest the said Petition and the said improvement, and to mail the said notice to record owners of taxable property within the said District, all as provided in this Resolution – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) Motion by Melton that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 1085 – ADOPTED 7-0 - 25 - RESOLUTIONS 44. Res. that, the attached Rail and Commerce Bldg Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment site located at 950 South 10th Street which proposes the adaptive reuse and conversion of the former Postal Annex Building into a mix of modern-day commercial office and retail uses, the addition of a new parking structure for the building tenants and public improvements, recommending the City’s participation through the allocation of TIF in an amount up to $2,454,471.00 to offset TIF eligible expenses such as acquisition, rehabilitation costs, architectural and engineering fees, site work and demolition costs, and all public improvements as required, but is subject to change as final costs come in, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – over from 7/28/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 953 – July 28 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: John Crane, Boyd Jones Construction, 4360 Nicholas Street For the City: Bridget Hadley, Planning Department Bob Stubbe, Public Works Director Motion by Jerram that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 953 – ADOPTED 7-0 45. Res. that, the attached The Sterling Apts Tax Increment Financing (TIF) Redevelopment Project Plan for a site located at 541 South 24th Street which proposes the complete rehabilitation of the Sterling Apartments structure, recommending the City’s participation through the allocation of TIF in an amount up to $477,000.00 to offset TIF eligible expenses such as acquisition, rehabilitation costs, architectural and engineering fees, and all public improvements required, but is subject to change as final costs come in, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – over from 7/28/15 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 954 – July 28 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Greg Rothermel, NuStyle Development, 1013 Leavenworth Street For the City: Bridget Hadley, Planning Department - 26 - Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Res. # 954 – ADOPTED 7-0 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 46 THROUGH 68 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 46. Ord. to rezone the property located at 999 North 16th Street from DS-Downtown Service District to CBD-Central Business District (property is also located within an existing ACI-1 (PL)-Areas of Civic Importance Overlay District). (See Doc. # 1018 – August 11 Meeting) CCID # 1018 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 47. Ord. to rezone the property located at 2110 Poppleton Avenue from GI -General Industrial District to R5-Urban Family Residential District. (See Doc. # 1019 – August 11 Meeting) CCID # 1019 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 48. Ord. to rezone several properties generally located south of Patrick Avenue, west of 31st Street, north of Charles Street and east of John A. Creighton Boulevard from R5(35)-Urban Family Residential District to R4-Single-Family Residential District (High Density). (See Doc. # 1033 – August 11 Meeting) CCID # 1033 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 49. Ord. to rezone property generally north of Parker Street, south of Grant Street, east of 32nd Street and west of 29th Street from R7 -Medium Density Multiple Family Residential District to R7-Medium Density Multiple Family Residential District. (See Doc. # 1034 – August 11 Meeting) CCID # 1034 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. - 27 - 50. Ord. to rezone property generally north of Parker Street, south of Grant Street, east of 32nd Street and west of 29th Street from R5(35)-Urban Family Residential District to LC-Limited Commercial District. (See Doc. # 1035 – August 11 Meeting) CCID # 1035 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 51. Ord. to amend the boundaries of the ACI-1(PL)-Area of Civic Importance Overlay District, to incorporate into that district the property located generally north of Parker Street and south of Grant Street, east of 32nd Street and west of the North Freeway; and to provide for an effective date – see attached. (See Doc. # 1036 – August 11 Meeting) CCID # 1036 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 52. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a LC- Limited Commercial District and R7-Medium Density Multiple Family Residential District (portions of property within an existing ACI-1(PL) Overlay District), for an area generally located north of Parker Street and south of Grant Street, east of 32nd Street and west of the North Freeway; to approve the Development Plan; and to provide for an effective date – see attached. (See Doc. # 1037 – August 11 Meeting) CCID # 1037 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 53. Ord. to rezone the properties located at 3403 and 3407 Boyd Street from R4(35)- Single-Family Residential District (high density) to R4-Single-Family Residential District (high density). (See Doc. # 1020 – August 11 Meeting) CCID # 1020 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 54. Ord. to rezone the property located at 6003 North 52nd Street from DR - Development Reserve District to R2-Single-Family Residential District (low density). (See Doc. # 1021 – August 11 Meeting) CCID # 1021 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 55. 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. (See Doc. # 1022 – August 11 Meeting) - 28 - CCID # 1022 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 56. 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 located southwest of 72nd and Maple Streets; and to provide for an effective date – see attached. (See Doc. # 1023 – August 11 Meeting) CCID # 1023 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 57. 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 9515 West Center Road; and to provide for an effective date – see attached. (See Doc. # 1040 – August 11 Meeting) CCID # 1040 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 58. Ord. to rezone property located Northeast of 132nd and “I” Streets from GI - General Industrial District to LI-Limited Industrial District. (See Doc. # 1043 – August 11 Meeting) CCID # 1043 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 59. Ord. to rezone property located Northeast of 132nd and “I” Streets from GI - General Industrial District to GI-General Industrial District. (See Doc. # 1044 – August 11 Meeting) CCID # 1044 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 60. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located Northeast of 132nd and “I” Streets; and to provide for an effective date – see attached. (See Doc. # 1045 – August 11 Meeting) CCID # 1045 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 61. Ord. to rezone the properties located at 2618 and 2624 North 137th Street from R3-Single-Family Residential District (medium density) to R4-Single-Family Residential District (high density). (See Doc. # 1024 – August 11 Meeting) - 29 - CCID # 1024 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 62. Ord. to rezone the property located south of 169th Circle and Ontario Street from DR-Development Reserve District and R2- Single Family Residential District (low density) to DR-Development Reserve District. (See Doc. # 1025 – August 11 Meeting) CCID # 1025 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 63. Ord. to rezone the property located south of 169th Circle and Ontario Street from DR-Development Reserve District and R2- Single Family Residential District (low density) to R2- Single Family Residential District (low density). (See Doc. # 1026 – August 11 Meeting) CCID # 1026 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 64. Ord. to rezone property located southwest of Park Road and North Main Street from R6-Low-Density Multiple Family Residential District and LI-Limited Industrial District to R7-Medium-Density Multiple Family Residential District (portions of which property is located within a flood fringe overlay district). (See Doc. # 1048 – August 11 Meeting) CCID # 1048 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 65. Ord. to rezone property located southeast of 192nd Street and West Maple Road from AG-Agricultural District and R4-Single-Family Residential District (High Density) to DR-Development Reserve District. (See Doc. # 1051 – August 11 Meeting) CCID # 1051 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 66. Ord. to rezone property located southeast of 192nd Street and West Maple Road from AG-Agricultural District and R4-Single-Family Residential District (High Density) to R7-Medium-Density Multiple-Family Residential District. (See Doc. # 1052 – August 11 Meeting) CCID # 1052 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. 67. Ord. to rezone property located at 1150 North 252nd Street from AG -Agricultural District to DR-Development Reserve District (property is also located within a flood fringe overlay district). (See Doc. # 1055 – August 11 Meeting) - 30 - CCID # 1055 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. ORDINANCE ON SECOND READING 68. Ord. 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; 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 – see attached. (See Doc. # 1060 – August 11 Meeting) CCID # 1060 – ORDINANCE ON SECOND READING – Final reading to be held on August 25, 2015 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCE ON SECOND READING and Planning Board Attachment 69. Ord. vacating the north/south alley between 18 th Street and Florence Boulevard from Nicholas Street to Paul Street; and, providing the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1059 – August 11 Meeting) CCID # 1059 – Public hearing was held today – Final reading set for August 25, 2015 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the vacation of the north/south alley between 18th Street and Florence Boulevard from Nicholas Street to Paul Street – Inside City – see attached. # 1059 – Over to 08/25/15 - 31 - ORDINANCES ON SECOND READING 70. Ord. approving an Interlocal Agreement between the City of Omaha and Papio - Missouri River Natural Resource District (PMRNRD) involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Omaha is to participate in the PMRNRD Urban Drainageway Program, in which the City will provide improvements to a portion of Hell Creek; to authorize the Finance Department to receive a cost share from PMRNRD not to exceed $900,000.00, through the 2010 Environment Fund 13123, Environmental Bonds Organization 117217 according to the disbursement schedule contained within the Agreement; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1005 – August 11 Meeting) CCID # 1005 – Public hearing was held today – Final reading set for August 25, 2015 as per City Charter requirements. 71. Ord. approving an Agreement between the City of Omaha, Nebraska and Daniel R. Bundy of Sarpy County, Nebraska, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Daniel R. Bundy will receive and land apply stabilized sewage sludge, according to applicable standards, laws, and policies of the City of Omaha and other relevant jurisdictions for an agreement period ending December 31, 2015 with up to four automatic one-year renewals; to authorize the Finance Department to pay a sum not to exceed $0.60 per cubic yard of stabilized sludge from the Sewer Revenue Fund 21121; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1006 – August 11 Meeting) CCID # 1006 – Public hearing was held today – Final reading set for August 25, 2015 as per City Charter requirements. 72. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and 17 Cuming, LLC, a Nebraska limited liability company, to implement the 1702 Cuming Tax Increment Financing (TIF) Redevelopment Project Plan for a project located at 1702, 1708 and 1714 Cuming Street, which proposes the rehabilitation of the brick building a t 1702 Cuming Street to accommodate commercial tenants and the demolition of the adjoining buildings to the west to provide surface parking; the agreement authorizes the use of up to $217,568.00 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. # 1027 – August 11 Meeting) Bridget Hadley, Planning Department, appeared and spoke. - 32 - CCID # 1027 – Public hearing was held today – Final reading set for August 25, 2015 as per City Charter requirements. 73. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and 60th & NW Radial, LLC, a Nebraska limited liability company, to implement the Benson Mixed-Use Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project located southwest of 60th Street and Northwest Radial Highway, which proposes the construction of a modern, mixed-use project involving the demolition of the existing Great Western Bank branch and its under-utilized surface parking lots and re-purposing the redevelopment site, through two separate phases, into 141 market rate apartment units, 10,800 square feet of new commercial space, and approximately 200 to 215 parking spaces in a new privately owned garage to support the redevelopment project; the agreement authorizes the use of up to $3,175,787.00 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. # 1007 – August 11 Meeting) Bridget Hadley, Planning Department, appeared and spoke. CCID # 1007 – Public hearing was held today – Final reading set for August 25, 2015 as per City Charter requirements. 74. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Elk Hills Apartments II, LLC, a Nebraska limited liability company, to implement the Elk Hills Apts Phase II Tax Increment Financing (TIF) Redevelopment Project Plan generally located at the southwest corner of Park Road and North Main Street in the Elkhorn area which proposes the demolition of the existing residential and industrial structures and the new construction of a 90 unit, multi-family structure, inclusive of approximately 136 parking stalls; the agreement authorizes the use of up to $1,500,000.00 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. # 1008 – August 11 Meeting) Bridget Hadley, Planning Department, appeared and spoke. CCID # 1008 – Public hearing was held today – Final reading set for August 25, 2015 as per City Charter requirements. - 33 - 75. Ord. amending Ordinance No. 39864 which established the Blackstone Business Improvement District (BID No. 6877) under the authority of the Business Improvement District Act, Neb.Rev.Stat. § 19-4105, et seq. for the purpose of clarifying issues and resolving inconsistencies within such ordinance concerning the District; to ensure that the Blackstone Business Im provement District created pursuant to the City Council’s Resolution of Intention is consistent with it; the ordinance defines the boundaries of such District –Farnam Street between 36th and 42nd Streets; identifies the properties benefited by the streetscape improvements will be subject to special assessments in accordance with the Blackstone Business Improvement District Plan; to provide for special assessment in an amount not to exceed $6.00 per front foot, with an annual escalator of 5% on this rate for cleaning and maintenance, security, lighting, promotion, roadway improvements, and beautification to be imposed upon such District based upon the benefits conferred with an approximate budget for the first year of $18,750.00; to provide for the assessment of property specially benefited within the District; to provide a method of assessment to be assessed upon properties specially benefited by the District; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1062 – August 11 Meeting) CCID # 1062 – Public hearing was held today – Final reading set for August 25, 2015 as per City Charter requirements. * * * * * * * * * * * * * FINANCIAL REPORT 76. Comprehensive Annual Financial Report for year ended December 31, 2014 – see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) CCID # 1095 – Motion by Gernandt to receive and place on file Seconded by Melton ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 - 34 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 77 THROUGH 78 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 77. 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 – see attached. CCID # 1092 – Publication to be made and public hearing to be held on August 25, 2015 as per City Charter requirements. 78. Ord. to accept the bid of Bockmann, Inc. in the annual amount of $48,400.00, involving appropriations of more than one year as provided in Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; for the provision of gun range cleaning at the Omaha Police Department indoor gun range for a period of three years; with two additional one year options held by the City at the same price, to authorize the Finance Department to make payments from a specified account to Bockmann, Inc. for the c ost of gun range cleaning services in accordance with the specifications; and to provide an effective date – see attached. CCID # 1093 – Publication to be made and public hearing to be held on August 25, 2015 as per City Charter requirements. * * * * * * * * * * * * * EXECUTIVE SESSION 79. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. CCID # 1129 – Motion by Gernandt to go into Executive Session at 3:29 P.M. for the purpose of discussing labor negotiations only Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 - 35 - CITY COUNCIL PRESIDENT GRAY STATED THAT THE CITY COUNCIL IS GOING INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LABOR NEGOTIATIONS ONLY CCID # 1130 – Motion by Jerram to come out of Executive Session at 4:04 P.M. Seconded by Gray ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 CITY COUNCIL PRESIDENT GRAY STATED THAT WHILE IN EXECUTIVE SESSION THE CITY COUNCIL DISCUSSED LABOR NEGOTIATIONS ONLY Motion by Festersen that the meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Jerram, Melton, Pahls, Thompson, Festersen, Mr. President Motion Carried 7-0 ADJOURNED: 4:04 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify tha t 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 1 8th, 2015. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 20th DAY OF AUGUST, 2015.