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2014-06-24j22nd REGULAR OMAHA CITY COUNCIL MEETING JUNE 24, 2014 THE CITY COUNCIL met in Regular Session on Tuesday, June 24, 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 # 763 – Present: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Franklin T. Thompson of District No. 6. 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 20, 2014, notice re: Pre-Council and Regular City Council Meetings, June 24, 2014. CCID # 764 – 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 rezone the property located at 7447 Farnam Street from GI -General Industrial District to CC - Community Commercial District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 712 – June 10 and June 17 Meetings) Notice of public hearing on June 24, 2014 published in the Daily Record on June 13, 2014. Ordinance passed on June 24, 2014 published in the Daily Record on July 2, 2014. CCID # 712 – Motion by Melton that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President ORDINANCE # 40023 – PASSED 7-0 (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. (See Doc. # 712 – June 10 Meeting) # 712 – From Chair on File 6. 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 Newman Center, Inc., providing site development standards; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 713 – June 10 and June 17 Meetings) Notice of public hearing on June 24, 2014 published in the Daily Record on June 13, 2014. Ordinance passed on June 24, 2014 published in the Daily Record on July 2, 2014. Paul Jeffrey, BVH Architects, appeared and spoke. CCID # 713 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President ORDINANCE # 40024 – PASSED 7-0 - 3 - (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. (See Doc. # 713 – June 10 Meeting) # 713 – From Chair on File 7. Ord. to rezone the property located northwest of 134th and Fort Streets from MU - Mixed Use District to R5 - Urban Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 715 – June 10 and June 17 Meetings) Notice of public hearing on June 24, 2014 published in the Daily Record on June 13, 2014. CCID # 715 – Motion by Gray that the Ordinance be laid over three weeks to July 15, 2014 and continue the public hearing Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 (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. (See Doc. # 715 – June 10 Meeting) # 715 – Over to 07/15/14 (b) Communication from Lisa Line, Attorney representing Jill E. Hild, DDS, requesting that the Ordinance to rezone the property located northwest of 134th and Fort Streets from MU - Mixed Use District to R5 - Urban Family Residential District be laid over four weeks to July 22, 2014 and continue the public hearing – see attached. # 715 – From Chair on File (c) Communication from Alan Thelen, Law Department, recommending that the Ordinance to rezone the property located northwest of 134th and Fort Streets from MU - Mixed Use District to R5 - Urban Family Residential District be laid over three weeks to July 15, 2014 and continue the public hearing – see attached. # 715 – From Chair on File - 4 - 8. 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. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 716 – June 10 and June 17 Meetings) Notice of public hearing on June 24, 2014 published in the Daily Record on June 13, 2014. CCID # 716 – Motion by Gray that the Ordinance be laid over three weeks to July 15, 2014 and continue the public hearing Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 (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. (See Doc. # 716 – June 10 Meeting) # 716 – Over to 07/15/14 “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JULY 8, 2014 AGENDA ITEM NO. 9 SHALL BE LAID OVER THREE WEEKS TO JULY 15, 2014 FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – LARGE PROJECT 9. Res. that the Special Use Permit application submitted by McNeil Company Builders for a Large Project Special Use Permit in a CC-Community Commercial District for property located at 5505 South 120th Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. Notice of public hearing on July 15, 2014 published in the Daily Record on June 27, 2014. - 5 - CCID # 783 – Over three weeks to July 15, 2014 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the request of McNeil Company Builders for a Large Project Special Use Permit in a CC-Community Commercial District for property located at 5505 South 120th Street – see attached. # 783 – Over to 07/15/14 * * * * * * * * * * * * * * LIQUOR 10. 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 – over from 6/10/14 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) (See Doc. # 706 – June 10 Meeting) Tony Messineo, District Manager, Valentino’s, 6730 Park Crest Court, Lincoln, NE, appeared and spoke. CCID # 706 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 11. CLASS “C” – El Borrego De Oro, LLC, dba “El Borrego De Oro”, 3034 South 20th Street. New application; New location. Property posted: 06 -06-14; Notification sent: 06-13-14 – 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: Proponent: Fabian Gutierrez, 3034 South 20th Street For the City: Buster Brown, City Clerk CCID # 765 – Application read Motion by Gernandt that the application be amended from a Class “C” Liquor License to a Class “I” Liquor License Seconded by Thompson ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 - 6 - Motion by Thompson that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 765 – ADOPTED AS AMENDED 7-0 (a) Communication from Cross Lutheran Church, opposing the Off Sale portion of the application of El Borrego De Oro, LLC, dba “El Borrego De Oro”, 3034 South 20th Street, who is applying for a Class “C” Liquor License – see attached. # 765 – From Chair on File 12. CLASS “C” – Guckenheimer Services, LLC, dba “TD Ameritrade”, 200 South 108th Avenue. New application; New location. Property posted: 06 -10-14; Notification sent: 06-13-14 – 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: Proponent: Teresa Bradley, Guckenheimer Services, LLC, 200 South 108th Avenue For the City: Buster Brown, City Clerk Motion by Thompson that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 766 – ADOPTED 7-0 13. CLASS “C” – Hinky Dinky Supermarkets, Inc., dba “Nuestra Familia Supermarktes #733”, 2900 Leavenworth Street. UPGRADE. Presently holds a Package Liquor License. Property posted: 06 -06-14; Notification sent: 06-13-14 – see attached. ((YOUR HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Anthony Christenham, 3611 North 101st Street, appeared and spoke. Motion by Jerram that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 767 – ADOPTED 7-0 - 7 - 14. CLASS “I” – Dee Jay’s QSR of Nebraska, Inc., dba “Long John Silver’s”, 5023 South 108th Street. New application; New location. Property posted: 06 -09-14; Notification sent: 06-13-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Brian Adams, 3109 Golden Boulevard, Bellevue, NE, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Nay: Jerram Res. # 768 – ADOPTED 6-1 15. CLASS “I” – Tom Kum, Inc., dba “Korea King T.K.V.”, 4719 South 96th Street. New application; New location. Property posted: 06-06-14; Notification sent: 06-13-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Tom Kum Vansant, 4719 South 96th Street, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 769 – ADOPTED 7-0 16. CLASS “I” – Wagner Foods, Inc., dba “Sam & Louie’s”, 7641 Cass Street. New application; Old location. Present licensee is Daon, Inc., dba “Sam & Louie’s”, 7641 Cass Street, who has a Class “I” Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Tom Wagner, 7641 Cass Street, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 770 – ADOPTED 7-0 - 8 - 17. Levy Premium Foodservices, Lt Ptnrshp, dba “Levy Premium Foodservices at CenturyLink Center Omaha”, 455 North 10th Street, requests permission for additions to their present Class “C” and Catering Liquor License location of a 2 nd irregular shaped outdoor area approx. 390’ x 177’ to the southeast and a terrace area approx. 205’ x 67’ to the northeast. Property posted: 06 -09-14; Notification sent: 06-13-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. CCID # 771 – Application read Motion by Gray that the request be APPROVED AS AMENDED and recommend the Nebraska Liquor Control Commission waive their fencing rules so as to allow events with temporary fencing Seconded by Thompson ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass (a) Communication from Mike Kelley, Attorney representing Levy Premium Foodservices, Lt Ptnrshp, dba “Levy Premium Foodservices at CenturyLink Center Omaha”, 455 North 10th Street, for additions to the present Class “C” and Catering Liquor License location re: Additions request clarification – see attached. # 771 – From Chair on File (b) Communication from Mike Kelley, Attorney representing Levy Premium Foodservices, Lt Ptnrshp, dba “Levy Premium Foodservices at CenturyLink Center Omaha”, 455 North 10th Street, for additions to the present Class “C” and Catering Liquo r License location re: Request to have temporary fencing during scheduled events – see attached. # 771 – From Chair on File (c) Communication from Mike Kelley, Attorney representing Levy Premium Foodservices, Lt Ptnrshp, dba “Levy Premium Foodservices at CenturyLink Center Omaha”, 455 North 10th Street, for additions to the present Class “C” and Catering Liquor License location, requesting to amend the 2nd irregular shaped outdoor area from approx.. 390’ x 177’ to 90’ x 80’ –see attached. - 9 - # 771 – Motion by Gray that the Amendment be approved Seconded by Melton ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass 18. Storz Trophy Room Grill, LLC, dba “Storz Trophy Roo m Grill & Brewery”, 345 Riverfront Drive, requests permission for an addition to their present Class “C” and Catering Liquor License location of a 2nd outdoor area approx. 120’ x 192’ to the south. Property posted: 06-09-14; Notification sent: 06-13-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Mike Kelley, Attorney for the applicant, 7134 Pacific Street For the City: Michelle Peters, Assistant City Attorney, representing the Parks, Recreation and Public Property Department Buster Brown, City Clerk CCID # 772 – Application read Motion by Gray that the City Council Liquor Rules (Rule 12) be suspended Seconded by Melton ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass Motion by Gray that the request be APPROVED AS AMENDED and recommend that the Nebraska Liquor Control Commission waive their fencing rules so as to allow events with temporary fencing Seconded by Melton ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram - 10 - CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass Motion by Gray that the City Council Liquor Rules be reinstated Seconded by Gernandt ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass (a) Communication from Mike Kelley, Attorney representing Storz Trophy Room Grill, LLC, dba “Storz Trophy Room Grill & Brewery”, 345 Riverfront Drive, for an addition to the present Class “C” and Catering Liquor License location, requesting an amendment to license 2 separate areas approx. 160’ x 228’ including the sidewalk – see attached. # 772 – Motion by Gray that the Amendment be approved Seconded by Melton ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass 19. Tiger Cats, LLC, dba “Ingredient Restaurant”, 10317 Pacific Street, requests permission to appoint Glenn A. Wright manager of their present Class “C” and Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Glenn Wright, 6130 Whitmore Street, appeared and spoke. - 11 - CCID # 773 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 20. Tiger Cats, LLC, dba “Ingredient Restaurant”, 3201 Farnam Street, requests permission to appoint Glenn A. Wright manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Glenn Wright, 6130 Whitmore Street, appeared and spoke. CCID # 774 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 21. XV Restaurant, LLC, dba “Zin Room”, 316 South 15th Street, requests permission to appoint Kirk M. Wright manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Kirk Wright, Zin Room, 316 South 15th Street, appeared and spoke. CCID # 775 – Motion by Gray that the request be approved Seconded by Melton ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 22. Baby Blue Sushi, LLC, dba “Baby Blue Sushi Sake Grill”, 16939 Wright Plaza, Suites 103 & 108, requests permission to appoint Sarah Macaitis manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 776 – Motion by Melton that the application be laid over one week to July 1, 2014 and continue the public hearing Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 - 12 - 23. Curri, Inc., dba “Curri”, 1028 South 74th Plaza, requests permission to appoint Thomas W. Erwin manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Thomas Erwin, 19424 Davy Jones Circle, Plattsmouth, NE, appeared and spoke. CCID # 777 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 24. Kelly Midwest Ventures, L.P., dba “Kelly Inn – Omaha”, 4706 South 108th Street, requests permission to appoint Carol J. Broer manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 778 – Motion by Gray that the application be laid over one week to July 1, 2014 and continue the public hearing Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 (a) Communication from Carol J. Broer, pending manager for the Class “I” Liquor License of Kelly Midwest Ventures, L.P., dba “Kelly Inn – Omaha”, 4706 South 108th Street, requesting the application be laid over to July 1, 2014 – see attached. # 778 – From Chair on File 25. Old Market Roja, LLC, dba “Roja Mexican Grill & Margarita Bar”, 1212 Harney Street, requests permission to appoint Christopher S. Dalton manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 779 – Motion by Jerram that the application be laid over one week to July 1, 2014 and continue the public hearing Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 - 13 - 26. RT Omaha Franchise, LLC, dba “Ruby Tuesday”, 16831 Lakeside Hills Plaza, requests permission to appoint Jason Cockell manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jason Cockell, 6577 Charles Street, appeared and spoke. CCID # 780 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 27. AVP Energy, LLC, dba “AVP Energy #3”, 10505 Pacific Street, requests permission to appoint Phyllis M. Reiser manager of their present Package Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 781 – Motion by Thompson that the application be laid over three weeks to July 15, 2014 and continue the public hearing Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 (a) Communication from Seth Hendrix, General Manager of AVP Energy, LLC, dba “AVP Energy #3”, 10505 Pacific Street, requesting to lay over the application to appoint Phyllis Reiser manager to July 15, 2014 – see attached. # 781 – From Chair on File 28. Jax, Inc., dba “Perry’s Place”, 9652 Mockingbird Drive, requests permission for a Special Designated License for a Concert on July 26, 2014 from 12:00 noon to 2:00 a.m. with music until 1:00 a.m . – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Chad Perry, 1005 North 107th Avenue For the City: Buster Brown, City Clerk CCID # 782 – Motion by Pahls that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Melton, Pahls, Thompson, Mr. President Nays: Jerram, Gernandt Motion Carried 5-2 - 14 - CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearing on Agenda Item No. 29 was held on June 17, 2014.) CONSENT AGENDA – ORDINANCE 29. 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. (See Doc. # 714 – June 10 and June 17 Meetings) Notice of public hearing on June 17, 2014 published in the Daily Record on June 13, 2014. Ordinance passed on June 24, 2014 published in the Daily Record on July 2, 2014. CCID # 714 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President ORDINANCE # 40025 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCE ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 15 - (The public hearings on Agenda Item Nos. 30 through 36 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 you r name, address, who you represent, and if you are a proponent or opponent.) CONSENT AGENDA – RESOLUTIONS 30. Res. that, as recommended by the Mayor, the contract with Swain Construction, Inc. for OPW 52051, being Farnam Street one-way conversion, 36th Street to 42nd Street in the amount of $676,927.65 is hereby approved; and, that the Finance Department is authorized to pay this cost as a year 2014 expenditure from the following sources: $108,645 from Street and Highway Allocation Fund 12131, Major Street Resurfacing Organization 116159; $100,000 from 2010 Transportation Bond Fund 13183, 2010 Bond Organization 117117; $100,000 from Community Development Block Grant Fund 12186, Community Development Block Grant Organization 128072; and $368,283 from Capitol Improvements Fund 12112, Capitol Improvements Organization 131555 – with expected reimbursements to the Capitol Improvements Fund according to the attached schedule – see attached. Matt Dwyer, GreenSlate Development, 450 Regency Parkway, Suite 220, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 784 – ADOPTED 7-0 31. Res. that, the quote of Anderson Excavating Co. for the demolition of the religious building located at 2320 North 28 Avenue, in the amount of $22,640.00 is accepted and award is made to Anderson Excavating Co. The amount of this award shall be paid from General Funds Demolition 2014, Fund No. 11111, Organization No. 109047; and that, the Purchasing Agent be authorized to issue a purchase order to Anderson Excavating Co. for the demolition of the religious building located at 2320 North 28 Avenue, in the amount of $22,64 0.00 – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 785 – ADOPTED 7-0 - 16 - 32. Res. that as recommended by the Mayor, the Contract between the Omaha Human Rights and Relations Department and the U.S. Equal Opportunity Commission for reimbursement for processing employment discrimination complaints arising within its jurisdiction for EEOC f or the time period of October 1, 2013, to September 30, 2014, in the amount of $41,850.00, attached hereto as Exhibit “A”, is hereby approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 796 – ADOPTED 7-0 33. Res. that, as recommended by the Mayor, in accordance with Section 5.16 of the Omaha Home Rule Charter, the Omaha Public Lib rary is hereby authorized to purchase unique and non-competitive library books, publications, and materials from WT Cox in an amount not to exceed $99,500 during the period of January 1, 2014 through December 31, 2014; and, the Finance Department is author ized to pay the $99,500 cost thereof from the Library’s General Fund 11111, Organization 117016, Account 43414, year 2014 expenditures – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 786 – ADOPTED 7-0 34. Res. that the appointment by Mayor Stothert of Caitlin M. Davis as a member of the Library Board to serve a three-year term, commencing on July 1, 2014, and expiring three years thereafter, be and hereby is confirmed and approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 787 – ADOPTED 7-0 35. Res. that the appointment by Mayor Stothert of Carol I. Wang as a member of the Library Board to serve a three-year term, commencing on July 1, 2014, and expiring three years thereafter, be and hereby is confirmed and approved – see attached. - 17 - Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 788 – ADOPTED 7-0 36. Res. that the nomination and appointment by Mayor Stothert of Othello H. Meadows III as a member of the Park and Recreation Board, to serve a three - year term commencing upon confirmation by the City Council and expiring June 23, 2017, be and hereby is confirmed and approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 789 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * RESOLUTIONS 37. Res. that, the attached Ekard Court Tax Increment Financing (TIF) Redevelopment Project Plan located at 617 South 31st Street which proposes the complete demolition and removal of the existing two structures, and the construction of a new, single multi-family apartment structure consisting of 36 market-rate units and parking on site, recommends the City’s participation through the allocation of TIF in an amount up to $517,158.00 to offset TIF eligible costs such as acquisition, site work, architectural and engineering fees and any required public improvements, which includes $15,000.00 of the TIF proceeds/loan toward additional streetscaping in the area, 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 6/3/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 688 – June 3 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: David Kain, 5110 Chicago Street Protestant: D’Shawn Cunningham, 604 South 22nd Street For the City: Bridget Hadley, Planning Department - 18 - Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 688 – ADOPTED 7-0 38. Res. that, the attached Midtown Triangle Tax Increment Financing (TIF) Redevelopment Project Plan located northwest of 30th and Leavenworth Street and at 3036 Marcy Street which proposes the complete demolition of structures, clearing and grading the sites, and the new construction of a 178 unit, four -story structure of wood frame construction over a one -and-one-half story concrete podium which consists of 171 parking stalls, apartment amenities, and about 6,173 sq. ft. of commercial space, and at 3036 Marcy site th ere will be three, three (3) bedroom row houses constructed with attached two (2) car garages, and recommending the City’s participation through the allocation of TIF in an amount up to $3,106,447.00 to offset TIF eligible costs such as acquisition, demolition, site work, environmental, site utilities, architectural and engineering fees and any required public improvements, which includes $40,000.00 of the TIF proceeds/loan toward the Midtown Public Improvement Fund for public enhancement and improvement projects in the Midtown area, 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 6/3/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 688 – June 3 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Steven Held, representing Midtown Triangle, LLC, Dial Realty Corporation, 11506 Nicholas Street Protestant: D’Shawn Cunningham, 604 South 22nd Street For the City: Bridget Hadley, Planning Department Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 689 – ADOPTED 7-0 - 19 - “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NOS. 39 THROUGH 40 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” 39. Res. that, the attached Amendments to the Omaha -Council Bluffs Fiscal Year 2012, 2013 and 2014 Consolidated Submissions for Community Planning and Development Programs are hereby approved – see attached. Notice of public hearing on July 15, 2014 published in the Daily Record and the Omaha World Herald on June 26, 2014 and July 3, 2014. CCID # 790 – Over three weeks to July 15, 2014 for publication and public hearing pursuant to City Council Rule VII F. 40. Res. that, the attached The State Tax Increment Financing (TIF) Redevelopment Project Plan located at 528 S. 29th Street which contemplates the complete rehabilitation of the multifamily structure and creating 21 apartment units, recommends the City’s participation through the allocation of TIF in an amount up to $156,000.00 to offset TIF eligible costs such as acquisition, rehabilitation construction, site work and demolition, and any public improvements, as may be required, and includes $10,000.00 of the TIF proceeds/loan toward the Midtown Public Improvement Fund; 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 – see attached. Notice of public hearing on July 15, 2014 published in the Daily Record and the Omaha World Herald on June 26, 2014 and July 3, 2014. CCID # 791 – Over three weeks to July 15, 2014 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 41 THROUGH 45 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 41. Ord. to rezone property located at 3327 Harney Street from R7 -Medium-Density Multiple-Family Residential District to R8-High-Density Multiple-Family Residential District (property is also located within an ACI-1(PL) Overlay District). (See Doc. # 747 – June 17 Meeting) CCID # 747 – ORDINANCE ON SECOND READING – Final reading to be held on July 1, 2014 as per City Charter requirements. - 20 - 42. Ord. to approve a PUD-Planned Unit Development Overlay District in an R8- High-Density Multiple-Family Residential District (property is also located within an ACI-1(PL) Overlay District), located at 3327 Harney Street, to approve the Development Plan, and to provide for an effective date – see attached. (See Doc. # 748 – June 17 Meeting) CCID # 748 – ORDINANCE ON SECOND READING – Final reading to be held on July 1, 2014 as per City Charter requirements. 43. Ord. to rezone property located Northeast of 144th and Ida Streets from R6 -Low- Density Multiple-Family Residential District to R4-Single-Family Residential District (High Density). (See Doc. # 749 – June 17 Meeting) CCID # 749 – ORDINANCE ON SECOND READING – Final reading to be held on July 1, 2014 as per City Charter requirements. 44. Ord. to rezone property located at 20516 Nicholas Circle from R4 -Single-Family Residential District (High Density) and CC-Community Commercial District to R4- Single-Family Residential District (High Density). (See Doc. # 752 – June 17 Meeting) CCID # 752 – ORDINANCE ON SECOND READING – Final reading to be held on July 1, 2014 as per City Charter requirements. 45. Ord. to rezone property located at 20516 Nicholas Circle f rom R4-Single-Family Residential District (High Density) and CC-Community Commercial District to CC-Community Commercial District. (See Doc. # 753 – June 17 Meeting) CCID # 753 – ORDINANCE ON SECOND READING – Final reading to be held on July 1, 2014 as per City Charter requirements. * * * * * * * * * * * * * - 21 - ORDINANCE ON SECOND READING and Planning Board Attachment 46. Ord. to rescind the landmark designation of the Clarinda-Page Apartment Building, located Southeast of Turner Boulevard and Farnam Street, pursuant to Omaha Municipal Code Section 24-65; and to provide for the effective date – see attached. ((PUBLIC HEARING TO BE HELD ON THE THIRD READING ON 7/1/14)) (See Doc. # 755 – June 17 Meeting) CCID # 755 – Ordinance on second reading – Final reading and public hearing to be held on July 1, 2014 as per City Council Motion. (a) Planning Board and Planning Department recommend approval of the request for the Rescission of the Local Landmark Status for the Clarinda-Page Apartment Building (#H6-14-2), located Southeast of Turner Boulevard and Farnam Street – see attached. (See Doc. # 755 – June 17 Meeting) # 755 – Over to 07/01/14 ORDINANCES ON SECOND READING 47. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant and improved properties, located in the Omaha Campus for Hope Redevelopment Plan Amendment One Area, an area generally bounded by the North side of the Kellom Green Belt on the North, 16 th Street on the East, Nicholas Street on the South, and 18th Street on the West, for acquisition, relocation as appropriate, demolition of structures, preparation of sites, and subsequent use for implementing the Omaha Campus for Hope Redevelopment Plan Amendment One by constructing new residential facilities and to provide support services to homeless persons; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; project costs will be paid from FY 2013 Community Development Block Grant, Fund 12186, Organization 128072, Award 10061, Project 4134, Task 9.1435; and to provide the effective d ate hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 756 – June 17 Meeting) CCID # 756 – Public hearing was held today – Final reading set for July 1, 2014 as per City Charter requirements. - 22 - 48. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Cinderblock Enterprises, Inc., a Nebraska corporation, to implement the 1915 Jackson Street Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment site located at 1915 Jackson Street; the agreement contemplates the complete rehabilitation, conversion and adaptive re-use of the former Fisher Fixture building into the new headquarters and business operations for Catering Crea tions which will comprise a modern style ballroom, an office and conference space for meetings, a tasting room, and a large kitchen space, and parking accommodations through arrangements at surrounding surface parking lots; the agreement authorizes the use of up to $400,000.00 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. # 757 – June 17 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: D’Shawn Cunningham, 604 South 22nd Street For the City: Bridget Hadley, Planning Department CCID # 757 – Public hearing was held today – Final reading set for July 1, 2014 as per City Charter requirements. 49. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Flatiron Hotel, LLC, a Nebraska limited liability company, to implement the Flatiron Building Tax Increment Financing (TIF) Redevelopment Project Plan located at 1722 St. Mary’s Avenue which proposes the conversion of office space into 30 market-rate residential units on floors two (2) – four (4), utilizing the basement for tenant storage, major renovations to commercial space, and parking through lease arrangements just west of the building for residential tenants, as well as public improvements adjacent to the site; the agreement authorizes the use of up to $876,000.00 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. # 758 – June 17 Meeting) Bridget Hadley, Planning Department, appeared and spoke. CCID # 758 – Public hearing was held today – Final reading set for July 1, 2014 as per City Charter requirements. - 23 - 50. Ord. to approve an agreement with the Federal Bureau of Investigation for construction and use of an outdoor firing range at the Omaha Public Safety Training Center at 11616 Rainwood Road; to accept payment of $1,200,000.00 from the FBI for those purposes; to grant the FBI use of the range for firearm training over a period of 30 years; to authorize the Mayor, Po lice Chief, and City Clerk to execute and attest the agreement; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 761 – June 17 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Kevin Hetrick, Federal Bureau of Investigation, 4411 South 121st Court For the City: Captain Adam Kyle, Police Department CCID # 761 – Public hearing was held today – Final reading set for July 1, 2014 as per City Charter requirements. SALVAGE DEALER BUSINESS 51. 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 necessary permit therefore, contingent upon continued compliance with all requirements made and provided by law – over from 6/10/14 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 711 – July 10 Meeting) Val Gomez, 6120 North 68th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Res. # 711 – ADOPTED 7-0 - 24 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JULY 8, 2014 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 52 THROUGH 53 SHALL BE HELD ON JULY 15, 2014” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 52. Ord. to rezone the property located at 1516 Leavenworth Street from DS - Downtown Service District to CBD - Central Business District. CCID # 792 – Publication to be made and public hearin g and third reading to be held on July 15, 2014 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property at 1516 Leavenworth Street from DS – Downtown Service District to CBD – Central Business District (property is also located within an ACI-1(PL)-Area of Civic Importance Overlay District) – see attached. # 792 – Over to 07/15/14 53. Ord. to add Sections 55-595, 55-596, 55-597, 55-598, 55-599, and 55-600 of the Omaha Municipal Code to enact land use development regulations to provide for design standards and guidelines that promote infill redevelopment; to repeal Sections 55-29, 55-62, and 55-715 as heretofore existing; and to provide the effective date thereof – see attached. CCID # 793 – Publication to be made and public hearing and third reading to be held on July 15, 2014 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of an amendment to add Sections 55-595, 55-596, 55-597, 55-598, 55-599, and 55-600 of the Omaha Municipal Code to enact land use development regulations to provide for design standards and guidelines that promote infill redevelopment; to repeal Sections 55 - 29, 55-62, and 55-715 – see attached. # 793 – Over to 07/15/14 * * * * * * * * * * * * * - 25 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 54 THROUGH 55 SHALL BE HELD ON THE SECOND READING” ORDINANCE ON FIRST READING and Planning Board Attachment\ 54. Ord. vacating the north/south alley between 20th and 21st Streets from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24, Block 1, Millard Place; and, providing the effective date hereof – see attached. CCID # 794 – Publication to be made and public hearing to be held on July 1, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the vacation of the north/south alley between 20th and 21st Streets from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24, Block 1, Millard Place – Inside City – see attached. # 794 – Over to 07/01/14 ORDINANCE ON FIRST READING 55. Spec. Ord. levying a special tax assessment for condemned buildings or structures in accordance with Section 48-93 of the Omaha Municipal Code on certain lots in the City of Omaha. Group No: 2014-1 – see attached. CCID # 795 – Publication to be made and public hearing to be held on July 1, 2014 as per City Charter requirements. * * * * * * * * * * * * * 56. Ord. to amend Sections 31-145, 31-147 and 31-158 of the Omaha Municipal Code, dealing with sewer use fees; to provide for sewer service charges for the period January 1, 2014 through December 31, 2018, subject to an audit of the sewer service charges every five (5) years; to repeal Sections 31 -145, 31-147 and 31-158 of the Omaha Municipal Code as heretofore existing; and to provide for the effective date hereof – see attached. ((MOTION NEEDED TO SET THE SECOND READING ON 7/1/14 AND THE THIRD READING AND PUBLIC HEARING ON 7/15/14)) - 26 - CCID # 797 – Motion by Gernandt to set the second reading on July 1, 2014 and the third reading and public hearing on July 15, 2014 Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President Motion Carried 7-0 RECONSIDERATION 57. Motion by Councilmember Melton to reconsider CCID No. 572 of June 17, 2014, being 1) an Ord. to rezone property located northeast of 192nd and Leavenworth Streets from AG-Agricultural District to R6-Low Density Multiple Family Residential District and 2) Planning Board and Planning Department recommend approval of a request to rezone properties located northeast of 192nd and Leavenworth Streets from AG-Agricultural District to R6-Low Density Multiple Family Residential District, with Roll Call on July 1, 2014. CCID # 572 – Motion by Melton to reconsider CCID No. 572 of June 17, 2014 with Roll Call on July 1, 2014 Seconded by Gernandt 58. Motion by Councilmember Melton to reconsider CCID No. 573 of June 17, 2014, being 1) an Ord. to approve a PUD-Planned Unit Development Overlay District in a R6-Low-Density Multiple Family Residential District located Northeast of 192nd and Leavenworth Street, to approve the Development Plan, and to provide for an effective date and 2) Planning Board and Planning Department recommend approval of a request for a PUD-Planned Unit Development Overlay District in a R6-Low-Density Multiple Family Residential District located Northeast of 192 nd and Leavenworth Street, with Roll Call on July 1, 2014. CCID # 573 – Motion by Melton to reconsider CCID No. 573 of June 17, 2014 with Roll Call on July 1, 2014 Seconded by Gernandt 59. Motion by Councilmember Melton to reconsider CCID No. 574 of June 17, 2014, being 1) a Res. that the plat entitled GROVE RIDGE, located northeast of 192nd and Leavenworth Streets, is hereby approved and accepted – Outside City – and 2) Planning Board and Planning Department recommend approval of the Final Plat of GROVE RIDGE, a subdivision outside the city limits, located northeast of 192nd and Leavenworth Streets – Outside City – with Roll Call on July 1, 2014. CCID # 574 – Motion by Melton to reconsider CCID No. 574 of June 17, 2014 with Roll Call on July 1, 2014 Seconded by Gernandt - 27 - 60. Motion by Councilmember Melton to reconsider CCID No. 647 of June 17, 2014, being a Res. that, the Subdivision Agreement among the City of Omaha, DP Metro Capital, a Nebraska corporation, the Grove Ridge Owners Association, and Sanitary and Improvement District (S.&I.D.) 564 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 Grove Ridge (Lots 1-3 and Outlot A) and is located northeast of 192nd and Leavenworth Streets, with Roll Call on July 1, 2014. CCID # 647 – Motion by Melton to reconsider CCID No. 647 of June 17, 2014 with Roll Call on July 1, 2014 Seconded by Gernandt EXECUTIVE SESSION 61. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Motion by Gray that the meeting be adjourned Seconded by Melton ROLL CALL: Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, 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 24th, 2014. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 26th DAY OF JUNE, 2014.