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2014-06-10j20th REGULAR OMAHA CITY COUNCIL MEETING JUNE 10, 2014 THE CITY COUNCIL met in Regular Session on Tuesday, June 10, 2014 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Pete Festersen. ROLL CALL 1. City Clerk calls the roll. CCID # 697 – Present: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Garry Gernandt of District No. 4. 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 June 6, 2014, notice re: Pre-Council and Regular City Council Meetings, June 10, 2014. CCID # 698 – 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 ADDRESSI NG 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 rezone property located at 888 South Saddle Creek Road from GC - General Commercial District and GI-General Industrial District to CC-Community Commercial District. ((PUBLIC HEARING TODAY- CAN BE PASSED TODAY)) (See Doc. # 639 – May 20 and June 3 Meetings) Notice of public hearing on June 10, 2014 published in the Daily Record on May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily Record on June 18, 2014. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road Keith Harnack, Kroger Supermarkets Protestant: Julie Thoendel, 831 South 49th Street For the City: Brook Bench, Parks, Recreation and Public Property Director CCID # 639 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 40009 – PASSED 7-0 6. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 888 South Saddle Creek Road; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 640 – May 20 and June 3 Meetings) Notice of public hearing on June 10, 2014 published in the Daily Record on May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily Record on June 18, 2014. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road Keith Harnack, Kroger Supermarkets Protestant: Julie Thoendel, 831 South 49th Street For the City: Brook Bench, Parks, Recreation and Public Property Director CCID # 640 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 40010 – PASSED 7-0 - 3 - (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 888 South Saddle Creek Road from GC and GI to CC with approval of an MCC Overlay District – see attached. (See Doc. # 640 – May 20 Meeting) # 640 – From Chair on File 7. Res. that the preliminary plat entitled DILLON’S SADDLE CREEK, located at 888 South Saddle Creek Road, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 5/20/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 646 – May 20 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road Keith Harnack, Kroger Supermarkets Protestant: Julie Thoendel, 831 South 49th Street For the City: Brook Bench, Parks, Recreation and Public Property Director Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 646 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of DILLON’S SADDLE CREEK, located at 888 South Saddle Creek Road – Inside City – over from 5/20/14 – see attached. (See Doc. # 646 – May 20 Meeting) # 646 – From Chair on File 8. Res. that the replat transmitted herewith entitled DILLON’S SADDLE CREEK, located at 888 South Saddle Creek Road, is hereby approved, and concurrently a portion of the existing plat entitled West Side, and described on said replat, is hereby vacated – Inside City – over from 5/20/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 641 – May 20 Meeting) - 4 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road Keith Harnack, Kroger Supermarkets Protestant: Julie Thoendel, 831 South 49th Street For the City: Brook Bench, Parks, Recreation and Public Property Director Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 641 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of DILLON’S SADDLE CREEK, located at 888 South Saddle Creek Road – Inside City – over from 5/20/14 – see attached. (See Doc. # 641 – May 20 Meeting) # 641 – From Chair on File 9. Res. that, the Subdivision Agreement between the City of Omaha and Dillon Companies, Inc., a Kansas corporation, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Dillon’s Saddle Creek (Lot 1) and is located at 888 South Saddle Creek Road – over from 5/20/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 642 – May 20 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road Keith Harnack, Kroger Supermarkets Protestant: Julie Thoendel, 831 South 49th Street For the City: Brook Bench, Parks, Recreation and Public Property Director Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 642 – ADOPTED 7-0 - 5 - 10. Ord. to rezone property located Northwest of 168th Street and West Dodge Road from MH-Mobile Home Residential District to DR-Development Reserve District (portions of which property lie within the flood fringe and an ACI -4(PL) Area of Civic Importance Overlay District). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 643 – May 20 and June 3 Meetings) Notice of public hearing on June 10, 2014 published in the Daily Record on May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily Record on June 18, 2014. Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. CCID # 643 – Motion by Melton that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 40011 – PASSED 7-0 11. Ord. to rezone property located Northwest of 168th Street and West Dodge Road from MH-Mobile Home Residential District to MU-Mixed Use District (portions of which property lie within the flood fringe and an ACI-4(PL) Area of Civic Importance Overlay District). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 644 – May 20 and June 3 Meetings) Notice of public hearing on June 10, 2014 published in the Daily Record on May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily Record on June 18, 2014. Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. CCID # 644 – Motion by Melton that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 40012 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 168th Street and West Dodge Road from MH to DR and MU (portions of which property lie within the flood fringe and an ACI-4(PL) Overlay District) – see attached. (See Doc. # 644 – May 20 Meeting) # 644 – From Chair on File - 6 - 12. Res. that the plat entitled WEST DODGE POINTE (formerly known as TRIBEDO), located Northwest of 168th Street and West Dodge Road, is hereby approved and accepted – Outside City – over from 5/20/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 645 – May 20 Meeting) Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 645 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of WEST DODGE POINTE (formerly known as Tribedo (Lot 8, Outlot “B”), located Northwest of 168th Street and West Dodge Road – Outside City – over from 5/20/14 – see attached. (See Doc. # 645 – May 20 Meeting) # 645 – From Chair on File 13. Res. that, the Subdivision Agreement among the City of Omaha, Tribedo, LLC, a Nebraska Limited Liability Company, The West Dodge Pointe Owners Association, and Sanitary and Improvement District (S.&I.D.) 538 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 West Dodge Pointe (Lot 8 and Outlot B) and is located northwest of 168 th Street and West Dodge Road – over from 5/20/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 649 – May 20 Meeting) Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 649 – ADOPTED 7-0 - 7 - 14. Ord. to rezone property located Northwest of 192nd and Harrison Streets from AG-Agricultural District to DR-Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 634 – May 20 and June 3 Meetings) Notice of public hearing on June 10, 2014 published in the Daily Record on May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily Record on June 18, 2014. John Bachman, Attorney for the applicant, 10250 Regency Circle, appeared and spoke. CCID # 634 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 40013 – PASSED 7-0 15. Ord. to rezone property located Northwest of 192nd and Harrison Streets from AG-Agricultural District to R4-Single Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 635 – May 20 and June 3 Meetings) Notice of public hearing on June 10, 2014 published in the Daily Record on May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily Record on June 18, 2014. John Bachman, Attorney for the applicant, 10250 Regency Circle, appeared and spoke. CCID # 635 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 40014 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 192nd and Harrison Streets from AG-Agricultural District to DR-Development Reserve District and R4-Single Family Residential District (High- Density) – see attached. (See Doc. # 635 – May 20 Meeting) # 635 – From Chair on File - 8 - 16. Res. that the plat entitled FALLING WATERS (Lot 173-258, O.L. F-G), located Northwest of 192nd and Harrison Streets, is hereby approved and accepted – Outside City – over from 5/20/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 636 – May 20 Meeting) John Bachman, Attorney for the applicant, 10250 Regency Circle, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 636 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of FALLING WATERS (Lot 173 -258, O.L. F-G), a subdivision outside the city limits, located Northwest of 192 nd and Harrison Streets – Outside City – over from 5/20/14 – see attached. (See Doc. # 636 – May 20 Meeting) # 636 – From Chair on File 17. Res. that, the Subdivision Agreement among the City of Omaha, BSR-FW, LLC, a Nebraska limited liability company, The Waters Edge United Methodist Church, The Falling Waters II Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 562 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 Falling Waters (Lots 173-260 and Outlot F) and is located northwest of 192nd and Harrison Streets – over from 5/20/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 650 – May 20 Meeting) John Bachman, Attorney for the applicant, 10250 Regency Circle, appeared and spoke. Resolution read Motion by Jerram that the Resolution be ADOPTED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 650 – ADOPTED AS AMENDED 7-0 - 9 - (a) Amendment requested by the Public Works Department – see attached. # 650 – Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 LIQUOR 18. Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass Street, requests permission for a CHANGE OF LOCATION AND TO CHANGE THE TRADE NAME/DBA to “Cleopatra’s”, of their present Class “I” Liquor License to be located at 6553 Ames Avenue. Property posted: 05 -01-14; Notification sent: 05-02-14 – over from 5/13/14 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) (See Doc. # 613 – May 13 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Christopher Peterson, Attorney for the applicant, 1625 Far nam Street Archie Godfrey, President, Nebraska Black Chamber of Commerce Protestant: Liz Moldenhauer, President, Benson Neighborhood Association, 2345 North 64th Street For the City: Captain Shayna Ray, Northwest Precinct, Police Department CCID # 613 – Motion by Gray that the request NOT be approved without prejudice for re-applying in six months Seconded by Festersen ROLL CALL: Yeas: Gernandt, Gray, Jerram, Pahls, Mr. President Nays: Thompson, Melton Motion Carried 5-2 (a) Communications opposing the application of Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass Street for a Change of Location and to Change the Trade Name/DBA – over from 5/13/14 – see attached. (See Doc. # 613 – May 13 Meeting) # 613 – From Chair on File - 10 - (b) Communication from Thomas O. Mumgaard, Deputy City Attorney re: License History of the 6553 Ames avenue location – over from 5/13/14 – see attached. (See Doc. # 613 – May 13 Meeting) # 613 – From Chair on File (c) Communications opposing the application of Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass Street, for a Change of Location to 6553 Ames Avenue and to change the Trade Name DBA to “Cleopatra’s” – see attached. # 613 – From Chair on File (d) Communication from Mulualem Gebreyesus, president of Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass Street for a Change of Location to 6553 Ames Avenue and to change the Trade Name DBA to “Cleopatra’s” re: Amended Statement of Business Activity form – see attached. # 613 – From Chair on File (e) Communication from Mulualem Gebreyesus, president of Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass Street for a Change of Location to 6553 Ames Avenue and to change the Trade Name DBA to “Cleopatra’s” re: Operational plan – see attached. # 613 – From Chair on File (f) Petitions supporting the application of Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass Street for a Change of Location to 6553 Ames Avenue and to change the Trade Name DBA to “Cleopatra’s” # 613 – From Chair on File 19. CLASS “I” – Legacy Blatt, LLC, dba “Blatt Beer & Tables”, 2835 South 170th Plaza, Suite 200. New application, New location. Property posted: 05 -21-14; Notification sent: 05-30-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Michael Lehan, Attorney for the applicant, 7132 Pacific Street Andrew Connell, 16861 Brown Street - 11 - Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res. # 699 – ADOPTED 6-0-1 Pass 20. CATERING – Legacy Blatt, LLC, dba “Blatt Beer & Tables”, 2835 South 170 th Plaza, Suite 200. New application, New location. Property posted: 05 -21-14; Notification sent: 05-30-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Michael Lehan, Attorney for the applicant, 7132 Pacific Street Andrew Connell, 16861 Brown Street Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res. # 700 – ADOPTED 6-0-1 Pass 21. PACKAGE – OM Rhim Shrim, Inc., dba “Ken D Shop”, 5920 Sorensen Pkwy. New application, Old location. UPGRADE. Previously licensed to S & R Incorporated, dba “S and S Service”, 5920 Sorensen Pkwy who held an Off Sale Beer License (Expired April 30, 2014). Property posted: 05 -21-14; Notification sent: 05-30-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Dhaval Naik, 3679 South 188th Street, appeared and spoke. - 12 - Motion by Gray that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 701 – ADOPTED 7-0 22. PACKAGE – Wal-Mart Stores, Inc., dba “Walmart #4139”, 360 North Saddle Creek Road. New application, New location. Property posted: 05 -19-14; Notification sent: 05-30-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Michael Lehan, Attorney for the applicant, 7132 Pacific Street, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Gernandt ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res. # 702 – ADOPTED 6-0-1 Pass 23. CATERING – BOG Omaha, L.P., dba “Black Oak Grill #114”, 220 South 31st Avenue, Suite 3107. New application, Old location. Presently holds a Class “I” Liquor License. Property posted: 05 -20-14; Notification sent: 05-30-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Mike Cizek, 15108 Bedford Avenue, appeared and spoke. Motion by Jerram that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 703 – ADOPTED 7-0 - 13 - 24. Apollon, dba “The Apollon”, 1801 Vinton Street, requests permission to appoint Phoebe A. Howell manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 704 – Motion by Gernandt to allow the applicant to withdraw Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 (a) Communication from Ryan Tewell, President of Apollon, dba “The Apollon”, 1801 Vinton Street, requesting to withdraw the application to appoint Phoebe Howell manager of their present Class “I” Liquor License location – see attached. # 704 – From Chair on File 25. Cheddar’s Casual Café, Inc., dba “Cheddar’s Casual Café”, 12152 “L” Street, requests permission to appoint Laura A. Daisley manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Laura Daisley, General Manager, Cheddar’s Casual Café, 1207 North 95th Avenue, appeared and spoke. CCID # 705 – Motion by Melton that the request be approved Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 26. Valentino’s, Inc., dba “Valentino’s”, 5022-24 South 108th Street, requests permission to appoint Anthony O. Messineo, Jr. manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 706 – Motion by Gray that the application be laid over two weeks to June 24, 2014 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 - 14 - 27. W2007 Equity Inns Realty, LLC, dba “Residence Inn”, 6990 Dodge Street, requests permission to appoint Blair M. Riffell manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 707 – Motion by Jerram to allow the applicant to withdraw Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 (a) Communication from Tim Dehuare, District Manager of W2007 Equity Inns Realty, LLC, dba “Residence Inn”, 6990 Dodge Street, requesting the withdrawal of the application to appoint Blair Riffel manager of their present Class “I” Liquor License location – see attached. # 707 – From Chair on File 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. 28 through 30 were held on June 3, 2014.) CONSENT AGENDA – ORDINANCES 28. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Reimer Properties, LLC, a Nebraska limited liability company, to implement the 31-33 Marcy Mason Tax Increment Financing (TIF) Redevelopment Project Plan with the following general bounda ries: 30th Street on the east, 33rd Street on the west, Mason Street on the south, and the alley south of Marcy Street on the north, and proposes to completely rehabilitate four (4) residential multi-family structures with the following property addresses: 3070 Mason Street, 3216 Marcy Street, 811 South 33rd Street, and 3101 Marcy Street; the agreement authorizes the use of up to $225,000.00 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. (See Doc. # 637 – May 20 and June 3 Meetings) Notice of public hearing on June 3, 2014 published in the Daily Record on May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily Record on June 18, 2014. - 15 - CCID # 637 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 40015 – PASSED 7-0 (a) Communication in support of the Ordinance to approve a redevelopment and tax increment financing loan agreement between the City of Omaha and Reimer Properties, LLC, a Nebraska limited liability company, to implement the 31-33 Marcy Mason Tax Increment Financing (TIF) Redevelopment Project Plan – over from 6/3/14 – see attached. (See Doc. # 637 – June 3 Meeting) # 637 – From Chair on File 29. Ord. (1) to approve agreements between the City of Omaha and t he Douglas County Board of Commissioners for the (a) Douglas County Attorney’s Office in the amount of one hundred twenty eight thousand two hundred and seventeen dollars ($128,217); and (b) Douglas County Sheriff’s Office in the amount of seventy one thousand six hundred and seventy eight dollars ($71,678); and (2) to authorize funding for such agreements from the City of Omaha’s FY2013 Grants to Encourage Arrest Policies and Enforcement of Protection Orders, #2011 -WE- AX-0018 Supplement #01, awarded by the U.S. Department of Justice, Office on Violence Against Women; to combat domestic violence in the Omaha Metropolitan Area; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of th e Home Rule Charter; and, providing for the effective date hereof – see attached. (See Doc. # 638 – May 20 and June 3 Meetings) Notice of public hearing on June 3, 2014 published in the Daily Record on May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily Record on June 18, 2014. CCID # 638 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 40016 – PASSED 7-0 30. Ord. transferring funds from unencumbered balances in the 2013 General Fund Budget of the City of Omaha in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended (2013 year end closing) – see attached. (See Doc. # 663 – May 20 and June 3 Meetings) - 16 - Notice of public hearing on June 3, 2014 published in the Daily Record on May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily Record on June 18, 2014. CCID # 663 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 40017 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 31 through 33 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 31. Res. that, as recommended by the Mayor, the City Council concurs with the bid award to Swain Construction, Inc. for HSIP-5011(12), State Control No. 22378, and OPW 51430, being 108th Street, L Street to M Street Safety Improvements Project, in the amount of $414,816.87, with the City’s maximum local share in the amount of $41,481.69 being paid from the 2010 Transportation Bond Fund 13183, Organization 117117, in accord with the approved program agreement with NDOR for the project; and that the City Council hereby authorizes the Mayor and City Clerk to sign the bid concurrence on behalf of the City of Omaha, and that the Mayor and City Clerk are also authorized to sign the attached NDOR documents – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 709 – ADOPTED 7-0 - 17 - 32. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Nebraska Environmental Products for the purchase of a compressed natural gas street sweeper to be utilized by the Street Maintenance Division in the amount of $262,660.00; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Street Right-of-way Clearing Organization 116152, year 2014 expenditures in the amount of $215,112.00. Nebraska Environmental Trust Grant Funds will pay for the remaining $47,548.00 – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 710 – ADOPTED 7-0 33. Res. that, as recommended by the Mayor, the terms of the Deed of Trust, Construction Security Agreement and Assignment of Rents and Promissory Note, executed by Milton Apartments Limited Partnership on August 29, 1995, and recorded on August 30, 1995, with the Douglas County Register of Deeds, in Book 4578 at Page 596, securing the partial financing of the rehabilitation of the Property located at 1954 Jones Street be amended – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 717 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 18 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARING ON AGENDA ITEM NO. 34 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCE ON SECOND READING 34. Ord. to rezone the properties located at 2611 North 138th Street, 2548 and 2606 North 137th Street from R3-Single-Family Residential District (Medium-Density) to R4-Single-Family Residential District (High-Density). (See Doc. # 690 – June 3 Meeting) CCID # 690 – ORDINANCE ON SECOND READING – Final reading to be held on June 17, 2014 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 35. Ord. to amend Section 1 of Ordinance No. 39693, passed on June 11, 2013 because the descriptions of the abutting lots in Section 1 are incorrect due to the fact that the Planning Department inadvertently filed replats of the block before the vacating Ordinance was passed and recorded; to repeal Section 1 of Ordinance No. 39693 as heretofore existing; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 691 – June 3 Meeting) CCID # 691 – Public hearing was held today – Final reading set for June 17, 2014 as per City Charter requirements. 36. Ord. approving an Agreement for the sale of City -owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Agreement with 24 th Street Enterprises, LLC, a Nebraska Limited Liability Corporation, 1536 Cuming Street, Omaha, NE 68102, to sell property described in the attached agreement located at 219 South 24th Street, for development of a 132 room hotel in consideration of the appraised value in the sum of Two Hundred Thousand Thirty-five and 00/100 Dollars ($235,000.00); there are no expenditures associated with the conveyance of the property; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 694 – June 3 Meeting) CCID # 694 – Public hearing was held today – Final reading set for June 17, 2014 as per City Charter requirements. - 19 - 37. Ord. to approve the acceptance of the Out-of-School Time Programs grant from the National Recreation and Park Association (NRPA) in the total amount of forty-one thousand two hundred dollars ($41,200.00) for the period April 1, 2 014 through January 31, 2015, to support the City of Omaha’s Out -of-School Programs, in-kind training materials for the implementation of a nutrition education program, OrganWise Guys, (OWG), and a travel stipend to attend a one-day training conference; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 692 – June 3 Meeting) CCID # 692 – Public hearing was held today – Final reading set for June 17, 2014 as per City Charter requirements. 38. Ord. approving a bid from American Courier Corporation to provide delivery services between twelve public libraries (W. Dale Clark Library, Milton R. Abrahams Branch, Benson Branch, Bess Johnson Elkhorn Branch, Florence Branch, Millard Branch, Saddlebrook Branch, A. V. Sorensen Branch, South Omaha Library, W. Clarke Swanson Branch, Charles B. Washington Branch, and Willa Cather Branch) as well as other designated pickup and delivery sites throughout the City of Omaha Metropolitan Area, in accordance with the lowest bid submitted meeting specifications, for a period of one year, commencing upon approval; to authorize annual payments of approximately $101,713.30; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 693 – June 3 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Ken Bartholomew, President, American Courier Corporation, 6164 South 166th Street For the City: Regina Dale, Library CCID # 693 – Public hearing was held today – Final reading set for June 17, 2014 as per City Charter requirements. - 20 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 39 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SALVAGE DEALER BUSINESS 39. Res. the application of Cooter Enterprises, Inc. to establish a salvage dealer business at 902 Grace Street, Omaha, Nebraska, be and hereby is approved and the Permits and Inspections Division is directed to issue the ne cessary permit therefore, contingent upon continued compliance with all requirements made and provided by law – see attached. Notice of public hearing on June 24, 2014 published in the Daily Record on June 13, 2014. CCID # 711 – Over two weeks to June 24, 2014 for publication and public hearing pursuant to City Council Rule VII E. * * * * * * * * * * * * * AUDITOR’S REPORT 40. Land Reutilization Commission transmits their General Purpose Financial Statements for year ended December 31, 2013 and Independent Auditor’s Report – see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) CCID # 708 – Motion by Gernandt to receive and place on file Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 - 21 - “PURSUANT TO CITY COUNCILE RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 41 THROUGH 44 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 41. Ord. to rezone the property located at 7447 Farnam Street from GI -General Industrial District to CC - Community Commercial District. CCID # 712 – Publication to be made and public hearing and third reading to be held on June 24, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 7447 Farnam Street from from GI – General Industrial District to CC – Community Commercial District – see attached. # 712 – Over to 06/24/14 42. Ord. to approve a Major Amendment to a Mixed Use District Development Agreement for Aksarben Business and Education Campus, to allow Multiple family, Religious Assembly, and Surface Parking, located northeast of 71 st Street and Poppleton Avenue between the City of Omaha and St. Paul II New man Center, Inc., providing site development standards; and to provide for an effective date – see attached. CCID # 713 – Publication to be made and public hearing and third reading to be held on June 24, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a Major Amendment to a Mixed Use District Development Agreement for Aksarben Business and Education Campus, to allow Multiple family residential, Religious Assembly, and Surface parking for construction of a college dormitory, located northeast of 71st Street and Poppleton Avenue – see attached. # 713 – Over to 06/24/14 43. Ord. to rezone the property located northwest of 134th and Fort Street from MU - Mixed Use District to R5 - Urban Family Residential District. CCID # 715 – Publication to be made and public hearing and third reading to be held on June 24, 2014 as per City Charter requirements. - 22 - (a) Planning Board and Planning Department recommend approval of a request to rezone property located northwest of 134th and Fort Streets from MU – Mixed Use District to R5 – Urban Family Residential District – see attached. # 715 – Over to 06/24/14 44. Ord. to approve a Major Amendment to a Mixed Use District Development Agreement for Standing Bear, to remove four (4) lots from the Mixed Use Development Agreement, located northwest of 134th and Fort Streets between the City of Omaha and Showcase Homes, Inc., providing site development standards; and to provide for an effective date – see attached. CCID # 716 – Publication to be made and public hearing and third reading to be held on June 24, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a Major Amendment to a Mixed Use District Development Agreement for Standing Bear, to remove four (4) lots from the Mixed Use Development Agreement, located northwest of 134th and Fort Streets – see attached. # 716 – Over to 06/24/14 * * * * * * * * * * * * * - 23 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARING ON AGENDA ITEM NO. 45 SHALL BE HELD ON THE SECOND READING” ORDINANCE ON FIRST READING 45. Ord. approving an Amended Interlocal Agreement between the City of Omaha and the following parties, to-wit: the CITY OF BELLEVUE, Nebraska; the VILLAGE OF BOYS TOWN, Nebraska; the CITY OF GRETNA, Nebraska; the CITY OF LAVISTA, Nebraska; the CITY OF PAPILLION, Nebraska; the CITY OF RALSTON, Nebraska; the COUNTY OF SARPY, Nebraska; and, the PAPIO - MISSOURI RIVER NATURAL RESOURCES DISTRICT, hereinafter being referred to collectively as “the Papillion Creek Watershed Partnership,” or “the Partnership,” 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, for a five-year term commencing July 1, 2014; to designate a representative of the City of Omaha to the Partnership Executive Committee; to authorize the Finance Department to pay the cost share to the Partnership as called for in such amended agreement, including an initial contribution of $187,500 from the Storm Water Fee Revenue Fund 12128, Storm Water Management Organization 128026; to amend the Master Plan of the City of Omaha to incorporate plans contained within the Amended Interlocal Agreement; and to provide an effective date hereof – see attached. CCID # 714 – Publication to be made and public hearing to be held on June 1 7, 2014 as per City Charter requirements. * * * * * * * * * * * * * CHAIRMAN OF THE BOARD OF EQUALIZATON 46. Chairman of the Board of Equalization reports approval of the Plan of Assessment, with adjustments and corrections made, at their regular meeting held June 3, 2014 – see attached. ((MOTION NEEDED TO APPROVE)) CCID # 718 – Motion by Gray that the report be approved Seconded by Gernandt ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 - 24 - EXECUTIVE SESSION 47. 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 Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 ADJOURNED: 3:22 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 June 10th, 2014. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 12th DAY OF JUNE, 2014.