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2013-11-05j35th REGULAR OMAHA CITY COUNCIL MEETING NOVEMBER 5, 2013 THE CITY COUNCIL met in Regular Session on Tuesday, November 5, 2013 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 # 1468 – Present: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent Entire Meeting: Jerram 2. Pledge of Allegiance. 3. Invocation by President Pete Festersen of District No. 1. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on November 1, 2013, notice re: Pre-Council and Regular City Council Meetings, November 5, 2013. CCID # 1469 – 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 SPE AKING 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 - PROCLAMATION 5. Proclamation re: 100th Anniversary of the Founding of the University of Nebraska at Omaha Alumni Association. CCID # 1496 – From Chair on File ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 6. Ord. to rezone the property located at 4502 South 60th Street from DR- Development Reserve to R6-Low-Density Multiple Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1414 – October 22 and October 29 Meetings) Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. Rob Woodling, Foundations Development, 1886 South 126th Street, appeared and spoke. CCID # 1414 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39822 – PASSED 6-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 450 2 South 60th Street from DR-Development Reserve to R6-Low-Density Multiple Family Residential District – see attached. (See Doc. # 1414 – October 22 Meeting) # 1414 – From Chair on File 7. Ord. to approve a PUD-Planned Unit Development Overlay District in a R6-Low- Density Multiple Family Residential District located at 4502 South 60th Street, to approve the Development Plan, and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1415 – October 22 and October 29 Meetings) Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. Rob Woodling, Foundations Development, 1886 South 126th Street, appeared and spoke. - 3 - CCID # 1415 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39823 – PASSED 6-0 (a) 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 at 4502 South 60th Street – see attached. (See Doc. # 1415 – October 22 Meeting) # 1415 – From Chair on File 8. Res. that the plat entitled KIDDER HEIGHTS, located at 4502 South 60th Street, is hereby approved and accepted – Inside City – over from 10/22/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1416 – October 22 Meeting) Rob Woodling, Foundations Development, 1886 South 126th Street, appeared and spoke. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1416 – ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of KIDDER HEIGHTS, a minor plat inside the city limits, located at 4502 South 60th Street – Inside City – over from 10/22/13 – see attached. (See Doc. # 1416 – October 22 Meeting) # 1416 – From Chair on File - 4 - 9. Res. that, the Subdivision Agreement between the City of Omaha and The Kidder Family Revocable Trust, as recommended by the Mayor, providing for the public improvements, Watershed Management fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Kidder Heights (Lot 1) and is located at 4502 South 60th Street – over from 10/22/13 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1431 – October 22 Meeting) Rob Woodling, Foundations Development, 1886 South 126th Street, appeared and spoke. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1431 – ADOPTED 6-0 10. Ord. to rezone property located Northwest of 168th Street and West Dodge Road from AG-Agricultural District and MH-Mobile Home Residential District to MU- Mixed Use District (portions of which property lie within the flood fringe). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1417 – October 22 and October 29 Meetings) Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. Larry Jobeun, Attorney for the applicant, 11440 West Center Road, appeared and spoke. CCID # 1417 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39824 – PASSED 6-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 168th Street and West Dodge Road from AG and MH to MU (portions of which property lie within the flood fringe) – see attached. (See Doc. # 1417 – October 22 Meeting) # 1417 – From Chair on File - 5 - 11. Ord. to approve a Mixed Use District Development Agreement for property located Northwest of 168th Street and West Dodge Road between the City of Omaha and TRIBEDO, LLC, providing site development standards; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1418 – October 22 and October 29 Meetings) Larry Jobeun, Attorney for the applicant, 11440 West Center Road, appeared and spoke. Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. CCID # 1418 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39825 – PASSED 6-0 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 10/22/13 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1419 – October 22 Meeting) Larry Jobeun, Attorney for the applicant, 11440 West Center Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1419 – ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of WEST DODGE POINTE (formerly known as Tribedo), located Northwest of 168th Street and West Dodge Road – Outside City – over from 10/22/13 – see attached. (See Doc. # 1419 – October 22 Meeting) # 1419 – From Chair on File - 6 - 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 (Lots 1-7, and Outlot A) and is located northwest of 168th Street and West Dodge Road – over from 10/22/13 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1420 – October 22 Meeting) Larry Jobeun, Attorney for the applicant, 11440 West Center Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1420 – ADOPTED 6-0 14. Ord. to rezone property located at 18808 West Maple Road from AG-Agricultural District to DR-Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1421 – October 22 and October 29 Meetings) Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. Jim Lang, Attorney for the applicant, 11718 Nicholas Street, appeared and spoke. CCID # 1421 – Motion by Melton that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39826 – PASSED 6-0 15. Ord. to rezone property located at 18808 West Maple Road from AG-Agricultural District to R4-Single Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1422 – October 22 and October 29 Meetings) - 7 - Notice of public hearing on November 5, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. Jim Lang, Attorney for the applicant, 11718 Nicholas Street, appeared and spoke. CCID # 1422 – Motion by Melton that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39827 – PASSED 6-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 18808 West Maple Road from AG-Agricultural District to DR-Development Reserve District and R4-Single Family Residential District (High-Density) – see attached. (See Doc. # 1422 – October 22 Meeting) # 1422 – From Chair on File 16. Res. that the plat entitled INDIAN POINTE, located at 18808 West Maple Road, is hereby approved and accepted – Outside City – over from 10/22/13 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1423 – October 22 Meeting) Jim Lang, Attorney for the applicant, 11718 Nicholas Street, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1423 – ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of INDIAN POINTE, a subdivision outside the city limits, located at 18808 West Maple Road – Outside City – over from 10/22/13 – see attached. (See Doc. # 1423 – October 22 Meeting) # 1423 – From Chair on File - 8 - 17. Res. that, the Subdivision Agreement among the City of Omaha, FRK Development, LLC, a Nebraska limited liability company, The Indian Pointe Home Owners Association, and Sanitary and Improvement District (S.&I.D.) 559 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 Indian Pointe (Lots 1-160 and Outlots A-C) and is located at 18808 West Maple Road – over from 10/22/13 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1424 – October 22 Meeting) Jim Lang, Attorney for the applicant, 11718 Nicholas Street, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1424 – ADOPTED 6-0 RESOLUTIONS RE: PRELIMINARY PLATS, PLATS, SUBDIVISION AGREEMENTS and SPECIAL USE PERMIT – LARGE PROJECT 18. Res. that the preliminary plat entitled BURLINGTON DEPOT, located at 1001 South 10th Street, 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 10/22/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1396 – October 22 Meeting) Dawn Daly, Leo A. Daly Architects, 8600 Indian Hills Drive, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1396 – ADOPTED 6-0 - 9 - (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of BURLINGTON DEPOT, a minor plat inside the city limits, located at 1001 South 10th Street – Inside City – over from 10/22/13 – see attached. (See Doc. # 1396 – October 22 Meeting) # 1396 – From Chair on File 19. Res. that the preliminary plat entitled MIRACLE HILLS REPLAT 4, located at 12110 West Dodge Road, with a request for a waiver of Section 53-8(4)(d) of the Omaha Municipal Code for Lot frontage, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 10/22/13 for publication and public hearing – had publication - see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1397 – October 22 Meeting) Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1397 – ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of MIRACLE HILLS REPLAT 4, with a waiver of Section 53-8(4)(d) of the Omaha Municipal Code for Lot frontage, located at 12110 West Dodge Road – Inside City – over from 10/22/13 – see attached. (See Doc. # 1397 – October 22 Meeting) # 1397 – From Chair on File 20. Res. that the replat transmitted herewith entitled MIRACLE HILLS REPLAT 4, located at 12110 West Dodge Road, is hereby approved, and concurrently a portion of the existing plat entitled Miracle Hills Replat 3, and described on said replat, is hereby vacated – Inside City – over from 10/22/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1398 – October 22 Meeting) Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1398 – ADOPTED 6-0 - 10 - (a) Planning Board and Planning Department recommend approval of the Final Plat of MIRACLE HILLS REPLAT 4, located at 12110 West Dodge Road – Inside City – over from 10/22/13 – see attached. (See Doc. # 1398 – October 22 Meeting) # 1398 – From Chair on File 21. Res. that, the Subdivision Agreement between the City of Omaha and Menard, Inc., a Wisconsin Corporation, as recommended by the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Miracle Hills Replat Four (Lots 1-2) and is located at 12110 West Dodge Road – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1474 – ADOPTED 6-0 22. Res. that the Special Use Permit application submitted by Brakes Plus for a Major Amendment to a Large Project Special Use Permit in a CC-Community Commercial District (property is also located within an ACI-4(PL) Overlay District), for property located at 12110 West Dodge Road, 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, condition set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 10/22/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1399 – October 22 Meeting) Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1399 – ADOPTED 6-0 - 11 - (a) Planning Board and Planning Department recommend approval of the request of Brakes Plus for a Major Amendment to a Large Project Special Use Permit to allow development in a CC-ACI-4(PL) District for property located at 12110 West Dodge Road – over from 10/22/13 – see attached. (See Doc. # 1399 – October 22 Meeting) # 1399 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 12, 2013 AGENDA ITEM NOS. 23 THROUGH 24 SHALL BE LAID OVER THREE WEEKS TO NOVEMBER 26, 2013 FOR PUBLICATION AND PUBLIC HEARING” 23. Res. that the preliminary plat entitled INTRANSIT 2ND ADDITION, located Northwest of 52nd and L Streets, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on November 26, 2013 published in the Daily Record on November 8, 2013. CCID # 1490 – Over three weeks to November 26, 2013 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of INTRANSIT 2ND ADDITION, a minor plat inside the city limits, located Northwest of 52nd and L Streets – Inside City – see attached. # 1490 – Over to 11/26/13 24. Res. that the replat transmitted herewith entitled INTRANSIT 2ND ADDITION, located Northwest of 52nd and L Streets, is hereby approved, and concurrently a portion of the existing plat entitled Coastal Addition, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on November 26, 2013 published in the Daily Record on November 8, 2013. CCID # 1491 – Over three weeks to November 26, 2013 for publication and public hearing pursuant to City Council Rule VII H. - 12 - (a) Planning Board and Planning Department recommend approval of the Final Plat of INTRANSIT 2ND ADDITION, a minor plat inside the city limits, located Northwest of 52nd and L Streets – Inside City – see attached. # 1491 – Over to 11/26/13 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 12, 2013 AGENDA ITEM NO. 25 SHALL BE LAID OVER FOR THREE WEEKS TO NOVEMBER 26, 2013” 25. Res. that, the Subdivision Agreement between the City of Omaha and Mitchell Auto Auction, LLC, a Nebraska Corporation, as recommended by the Mayor, providing for the public improvements, Watershed Management fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Intransit 2nd Addition (Lots 1-4) and is located northwest of 52nd and “L” Streets – see attached. CCID # 1492 – Over three weeks to November 26, 2013 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * SPECIAL USE PERMIT – SCRAP AND SALVAGE SERVICES 26. Res. that the Special Use Permit application submitted by Silvino Gomez for a Special Use Permit to allow Scrap and salvage services in a HI-Heavy Industrial District, located at 902 Grace Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 10/22/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1402 – October 22 Meeting) - 13 - Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1402 – ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the request of Silvino Gomez for a Special Use Permit to allow Scrap and salvage services in a HI District located at 902 Grace Street – over from 10/22/13 – see attached. (See Doc. # 1402 – October 22 Meeting) # 1402 – From Chair on File LIQUOR 27. CLASS “C” – AMELOW, Inc., dba “Flashbacks”, 3015 South 83rd Plaza. New application, Old location. Present licensee is Bars & Cars, Inc., dba “Flashbacks”, 3015 South 83rd Plaza, who has a Class “C” and Catering Liquor License - over from 10/22/13 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) (See Doc. # 1388 – October 22 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mike Kelley, Attorney for the applicant, 7134 Pacific Street Eric Orbin, 3015 South 83rd Plaza Motion by Thompson that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1388 – ADOPTED 6-0 28. CATERING – AMELOW, Inc., dba “Flashbacks”, 3015 South 83rd Plaza. New application, Old location. Present licensee is Bars & Cars, Inc., dba “Flashbacks”, 3015 South 83rd Plaza, who has a Class “C” and Catering Liquor License - over from 10/22/13 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) (See Doc. # 1388 – October 22 Meeting) - 14 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mike Kelley, Attorney for the applicant, 7134 Pacific Street Eric Orbin, 3015 South 83rd Plaza Motion by Thompson that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1389 – ADOPTED 6-0 29. CLASS “C” – Borgata Brewing and Distilling, LLC, dba “Borgata Brewing and Distilling”, 1116 Jackson Street. New application, New location. Property posted: 10-22-13; Notification sent: 10-25-13 – 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: Zac Triemert, President, Borgata Brewing and Distilling, 1116 Jackson Street Protestant: Ryan Dougherty, Attorney representing Jim & Kathleen Moser, Bradford & Coenen Law Firm, 1620 Dodge Street Motion by Gray that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1470 – ADOPTED 6-0 30. CATERING – Borgata Brewing and Distilling, LLC, dba “Borgata Brewing and Distilling”, 1116 Jackson Street. New application, New location. Property posted: 10-22-13; Notification sent: 10-25-13 – 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: Zac Treimert, President, Borgata Brewing and Distilling, 1116 Jackson Street Protestant: Ryan Dougherty, Attorney representing Jim & Kathleen Moser, Bradford & Coenen Law Firm, 1620 Dodge Street - 15 - Motion by Gray that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Res. # 1471 – ADOPTED 6-0 31. Elks BPO Iroquois Lodge 92, dba “Elks”, 2420 Lake Street, requests permission to appoint Ronald L. Jefferson manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Ronald Jefferson, President of United Minority Contracto rs, President of Jefferson Construction and Manager of Elks, appeared and spoke. CCID # 1472 – Motion by Gray that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Motion Carried 6-0 32. LBC, Inc., dba “Jerico’s Restaurant”, 11732 West Dodge Road, requests permission to appoint Frederick W. Kurbis manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Frederick Kurbis, Jerico’s Restaurant, 11732 West Dodge Road, appeared and spoke. CCID # 1473 – Motion by Melton that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Motion Carried 6-0 - 16 - 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. 33 through 40 were held on October 29, 2013.) CONSENT AGENDA – ORDINANCES 33. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing additional improvements to the Northeast Joint Use Facility located at 16th & Jaynes, identified as Project OPW 52521, providing that the City negotiate with the property owners for land acquisition, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. (See Doc. # 1383 – October 22 and October 29 Meetings) Notice of public hearing on October 29, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. CCID # 1383 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39828 – PASSED 6-0 34. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 2828 N. 16th Street, and legally described in the attached purchase agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2013 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purpose of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and William H. Broadway, to acquire the property for the sum of Sixty- five Thousand and No/100 Dollars ($65,000.00) is approved; project costs will be paid from Community Development Block Grant, Fund 12186, Organization No. 128072, Project No. 4134, Task 10.1327, Award 100061; and to provide the effective date hereof – see attached. (See Doc. # 1384 – October 22 and October 29 Meetings) - 17 - Notice of public hearing on October 29, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. CCID # 1384 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39829 – PASSED 6-0 35. 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 Habitat for Humanity of Omaha, Inc., a Nebraska non-profit Corporation, 1701 N. 24th Street, Omaha, NE 68110, to sell property located at 2201 Clark Street and legally described in the attached agreement, located within the Logan Fontenelle Redevelopment Plan area, in consideration of the sum of Seventy Thousand and 00/100 Dollars ($70,000.00); there are no expenditures associated with the conveyance of the property; and to provide the effective date hereof – see attached. (See Doc. # 1385 – October 22 and October 29 Meetings) Notice of public hearing on October 29, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. CCID # 1385 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39830 – PASSED 6-0 - 18 - 36. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 3407-11 Decatur Street, and legally described in the attached purchase agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2012 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Edward and Veronica Horne, 6818 North 106th Circle, Omaha, NE 68122, to acquire the property for the sum of Nine Thousand Four Hundred Fifty and 00/100 Dollars ($9,450.00) is approved; project costs will be paid from FY 2012 Community Development Block Grant, Fund 12186, Organization No. 129161, Project No. 3526, Task 20.1, Award 855; and to provide the effective date hereof – see attached. (See Doc. # 1425 – October 22 and October 29 Meetings) Notice of public hearing on October 29, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. CCID # 1425 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39831 – PASSED 6-0 37. Ord. to accept the bid of Fire Guard, Inc. to provide Fire Hose for the Omaha Fire Department for a term of 12-months with both parties having the option to mutually agree to extend the agreement monthly for an additional 12-month period at no increase in cost at a cost of $123.50 per 50’ long, 1 ¾” Fire Hose, $162.50 per 50’ long, 2 ½” Fire Hose, and $770.90 per 100’ long, 5” attack Fire Hose; and to provide an effective date hereof – see attached. (See Doc. # 1426 – October 22 and October 29 Meetings) Notice of public hearing on October 29, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. CCID # 1426 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39832 – PASSED 6-0 - 19 - 38. Ord. to approve the acceptance of and authorize the disbursement from the FY 2013 State Homeland Security Grant (SHSG) grant award, number EMW -2013- SS-00010-S01, and budget in the amount of four hundred thirteen thousand seven hundred and five dollars ($413,705) from the Nebraska Emergency Management Agency (NEMA), during the project period of September 1, 2013 through January 31, 2015, to fund Tri-County region strategic projects that will provide first responder and emergency response communities in Douglas, Sarpy, and Washington counties with enhanced capabilities for responding to the potential threats of manmade and natural disasters; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. (See Doc. # 1429 – October 22 and October 29 Meetings) Notice of public hearing on October 29, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. CCID # 1429 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39833 – PASSED 6-0 39. Ord. to approve the acceptance of the Nebraska Crime Commission, 2013 Juvenile Services Grants: #13-JS-408, Completely KIDS’ Liberty Project Family Strengthening Program, in the amount of $50,000, with a match of $28,838 provided by the subcontractor Completely KIDS; #13-JS-409, Eastern Nebraska Community Action Partnership (ENCAP), in the amount of $30,500, with a match of $8,500 provided by the subcontractor Eastern Nebraska Community Action Partnership; #13-JS-410, Teen Girls Chat; Real Life Situations, in the amount of $13,535, with a match of $5,422 provided by the subcontractor Nebraska Children’s Home Society; #13-JS-411, Noble Youth Seminars for Young Men, in the amount of $3,543, with a match of $650 provided by the subcontractor Latino Center of the Midlands; #13-JS-412, Greater Omaha Attendance and Learning Services (GOALS) Center, in the amount of $50,500, with a match of $4,000 provided by the subcontractor Greater Omaha Attendance and Learning Services Center; and #13-JS-413, African American Youth Leadership Development Experience, in the amount of $16,875, with a match of $11,291 provided by the subcontractor Center for Holistic Development; during the project period of July 1, 2013 to June 30, 2014, to provide program support to six youth-service agencies; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. (See Doc. # 1386 – October 22 and October 29 Meetings) - 20 - Notice of public hearing on October 29, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. CCID # 1386 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39834 – PASSED 6-0 40. Ord. to approve an Agreement between the City of Omaha and (a) Completely KIDS in the amount of fifty thousand dollars ($50,000); (b) Eastern Nebraska Community Action Partnership (ENCAP) in the amount of thirty thousand five hundred dollars ($30,500); (c) Nebraska Children’s Home Society in the amount of thirteen thousand five hundred and thirty five dollars ($13,535); (d) Latino Center of the Midlands in the amount of three thousand five hundred and forty three dollars ($3,543); and (e) Center for Holistic Development in the amount of sixteen thousand eight hundred and seventy five dollars ($16,875) to provide services and programs to juveniles in Omaha during the period of July 1, 2013 to June 30, 2014; to authorize funding for such agreement from the 2013 Juvenile Services Grant Funds #13-JS-408, #13-JS-409, #13-JS-410, #13-JS-411, and #13-JS-413; and to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. (See Doc. # 1387 – October 22 and October 29 Meetings) Notice of public hearing on October 29, 2013 published in the Daily Record on October 25, 2013. Ordinance passed on November 5, 2013 published in the Daily Record on November 13, 2013. CCID # 1387 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram ORDINANCE # 39835 – PASSED 6-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 21 - (The public hearings on Agenda Item Nos. 41 through 54 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, identif y yourself by your name, address, who you represent, and if you are a proponent or opponent.) COUNCILMEMBER THOMPSON LEAVES THE LEGISLATIVE CHAMBERS CONSENT AGENDA – RESOLUTIONS 41. Res. that, the Amendment to the Subdivision Agreement among the City of Omaha, CR Investments, Inc., a Nebraska Corporation, and Sanitary and Improvement District No. 554 of Douglas County, Nebraska, as recommended by the Mayor, providing for the Interceptor Sewer fees and Watershed Management fees, is hereby approved. The Subdivision is to be known as Wood Valley Replat 3 (Lots 1 – 6) and is located northwest of 138th Street and Military Road – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1475 – ADOPTED 5-0 42. Res. that, as recommended by the Mayor, the attached Change Order No. 3 to Mersino Dewatering for continuation of the emergency bypass pumping operation, known as OPW 52406, at the transfer lift station at the Missouri River Wastewater Treatment Plant to allow for completion of the associated force main replacement, at a cost of $262,823.00 which will be paid from Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913 (Sewer Revenue Bonds will be issued to finance this project), is hereby approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1476 – ADOPTED 5-0 - 22 - 43. Res. that, as recommended by the Mayor, the Supplemental Agreement No. 1 between the City of Omaha and Felsburg Holt & Ullevig for additional professional services on Project STPC-5011(9), State Control No. 22237, and OPW 50416, being improvements to 108th Street from Madison Street to Q Street, with the City’s local share of $1,720.00, to be paid from the 2010 Transportation Bond Fund 13183, Organization 117117, is hereby approved; and that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1477 – ADOPTED 5-0 44. Res. that, as recommended by the Mayor, the Supplemental Agreement No. 2 between the City of Omaha and HDR Engineering, Inc. for additional preliminary engineering services on Project MAPA-6-7(179), State Control No. 22282, and OPW 51395, being improvements to Dodge/Douglas Street, S-Curve Project, with the City’s local share of $1,627.60, to be paid from the 2010 Transportation Bond Fund 13183, Organization 117117, is hereby approved; and that, the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1478 – ADOPTED 5-0 45. Res. that, as recommended by the Mayor, the LPA-Staff Non-Participating Construction Engineering Services Agreement between Nebraska Department of Roads and the City of Omaha for the 102nd Street and Maple Street Intersection Improvement Project, known as Federal Aid Project HSIP-5015(1), State Control No. 22372 and OPW 51643, and all costs associated with this agreement are at the sole cost of the City, is hereby approved; and, that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. - 23 - Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1479 – ADOPTED 5-0 46. Res. that, the Interlocal Cooperation Agreement among the City of Omaha, Sanitary and Improvement District (S.&I.D.) 538 of Douglas County, Nebraska, and the State of Nebraska Department of Roads, a public body corporate and politic of the State of Nebraska, as recommended by the Mayor, providing for the process for the conveyance and platting of what is currently a portion of NDOR right-of-way adjacent to the proposed Subdivision of West Dodge Pointe (Lots 1-7, and Outlot A), located northwest of 168th Street and West Dodge Road, is hereby approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1480 – ADOPTED 5-0 47. Res. that, as recommended by the Mayor, the amendment to the Professional Services Agreement with Alfred Benesch and Company for construction engineering services on the City of Omaha 2013 Resurfacing Program at various locations in the city, is hereby approved; and that, the Finance Department is authorized to pay an additional fee not to exceed $398,139.00, to be paid from the 2010 Transportation Bond Fund 13183, Organization 117117 – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1481 – ADOPTED 5-0 - 24 - 48. Res. that, as recommended by the Mayor, the bids from Action Contracting, Blade Masters Grounds Maintenance, Inc., Cockerill Enterprises, Inc., DPS, LLC, Dana Enterprises, Inc., Fucinaro Excavating Co., Inc., Gruhn Trucking, Inc., Leeway Trucking, Inc., Nebraska’s Best, Sevenings Lawn & Landscape, Navarro Enterprise Construction, and Vinny’s Tree service for wheel loaders and snow hauling equipment rentals for the 2013-2014 winter season as detailed in the bid tabulation, be accepted; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2013 expenditures; and, that the Public Works Department be authorized to negotiate with additional contractors for equipment at the same rate or less and enter into a contract not to exceed the highest bid accepted – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1482 – ADOPTED 5-0 49. Res. that, as recommended by the Mayor, costs in the total amount of $19,011.53 (includes administrative costs in the amount of $4,387.28) for park improvements consisting of a 1-bay swing structure and two benches on concrete pads with the condition that an existing saucer swing is made ADA accessible within two years or with the next request for park improvements, whichever comes first, for S&ID No. 398, Pacific Springs, located northwest of 174th and Pacific Street, is hereby approved. FURTHER THAT, the costs incurred by S&ID No. 398, Pacific Springs, to make these improvements will be funded 100% by the General Fund of the S&ID – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1483 – ADOPTED 5-0 50. Res. that, as recommended by the Mayor, the bid in the total amount of $105,029.00, from LawnSmith & Company, Inc. to furnish all labor and materials to install improvements at Crown Point Park, 4404 Laurel Avenue, being the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The improvements include a new playground, basketball half-court, and associated walks. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond – see attached. - 25 - Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1495 – ADOPTED 5-0 51. Res. that, as recommended by the Mayor, the bid in the total amount of $534,760.40, from Midwest Excavating Services to provide drainage improvements at Seymour Smith Park, 6802 Harrison Street, being the lowest and best bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The work will include grading, drop structures, box culvert, and drain pipe. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1484 – ADOPTED 5-0 52. Res. that, as recommended by the Mayor, the issuance of a purchase order to Jones Automotive, Inc. to move the mobile data computers in 30 Caprice cruisers from the trunk to the driver’s compartment in the amount of $30,106.80, for the Omaha Police Department is hereby approved; and that the Finance Department of the City of Omaha is authorized to pay the cost of the installs from Fiscal Year 2013, General Fund 11111, Organization 113213 Information Technology, Account 42411 Maintenance Contracts – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1485 – ADOPTED 5-0 53. Res. that the nomination and appointment by Mayor Stothert of Nicholas J. Limpach to serve a three-year term as the registered professional mechanical engineer representative of the Air Conditioning & Air Distribution Board, commencing on November 18, 2013, and said term expiring three years thereafter, be and hereby is confirmed and approved – see attached. - 26 - Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1486 – ADOPTED 5-0 54. Res. that Mary Williams and Rudolph Smith, Sr. are appointed to serve as members of the Board of Directors of the City of Omaha Cable Television Access Corporation for terms commencing upon passage of this Resolution and continuing through October 2, 2014 – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Gernandt, Gray, Melton, Pahls, Mr. President Absent: Thompson, Jerram Res. # 1497 – ADOPTED 5-0 (a) Communications submitted by Linda Ryan re: the appointment of members to the Board of Directors of the City of Omaha Cable Television Access Corporation – see attached. # 1497 – From Chair on File ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 12, 2013 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 55 THROUGH 58 SHALL BE HELD ON NOVEMBER 19, 2013” ZONING ORDINANCES ON SECOND READING 55. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located southwest of 27th and “Q” Streets; and to provide for an effective date – see attached. (See Doc. # 1454 – October 29 Meeting) CCID # 1454 – ORDINANCE ON SECOND READING – Final reading to be held on November 19, 2013 pursuant to City Council Rule VII H. - 27 - 56. Ord. to rezone property located Southwest of 27th and “Q” Streets from CC- Community Commercial District and HI-Heavy Industrial District to R7-Medium- Density Multiple-Family Residential District. (See Doc. # 1455 – October 29 Meeting) CCID # 1455 – ORDINANCE ON SECOND READING – Final reading to be held on November 19, 2013 pursuant to City Council Rule VII H. 57. Ord. to rezone property located at 3330 South 132nd Street from DR-Development Reserve District to R4-Single-Family Residential District (High Density). (See Doc. # 1459 – October 29 Meeting) CCID # 1459 – ORDINANCE ON SECOND READING – Final reading to be held on November 19, 2013 pursuant to City Council Rule VII H. 58. Ord. to rezone the properties located at 13619 and 13625 Ohio Street from R3- Single-Family Residential District (Medium-Density) to R4-Single-Family Residential District (High- Density). (See Doc. # 1462 – October 29 Meeting) CCID # 1462 – ORDINANCE ON SECOND READING – Final reading to be held on November 19, 2013 pursuant to City Council Rule VII H. * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 12, 2013 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 59 THROUGH 61 SHALL BE HELD ON NOVEMBER 26, 2013” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 59. Ord. to rezone the property located at 1231 South 13th Street from GI-General Industrial District to NBD-Neighborhood Business District. CCID # 1487 – Publication to be made and public hearing and third reading to be held on November 26, 2013 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 1231 South 13th Street from GI-General Industrial District to NBD-Neighborhood Business District – see attached. # 1487 – Over to 11/26/13 - 28 - 60. Ord. to rezone the property located at 1707 Monroe Street from GC - General Commercial District to R4-Single Family Residential District (High Density). CCID # 1488 – Publication to be made and public hearing and third reading to be held on November 26, 2013 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 1707 Monroe Street from GC to R4 – see attached. # 1488 – Over to 11/26/13 61. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the properties located Northwest of 52nd and L Streets; and to provide for an effective date – see attached. CCID # 1489 – Publication to be made and public hearing and third reading to be held on November 26, 2013 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a MCC-Major Commercial Corridor Overlay District for the properties located Northwest of 52nd and L Streets – see attached. # 1489 – Over to 11/26/13 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 12, 2013 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NO. 62 THROUGH 63 SHALL BE HELD ON NOVEMBER 19, 2013” ORDINANCES ON FIRST READING 62. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Fair Deal, L.P., a Nebraska limited partnership, to implement the Village East Senior Apts Tax Increment Financing Redevelopment Project Plan for a project located at the 2011 North 25th Street which contemplates the construction of an approximately 45,000 gross square feet, new three-story, forty (40) unit multi-family structure for individuals age 55 and older; the agreement authorizes the use of up to $163,992.00 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. - 29 - CCID # 1493 – Publication to be made and public hearing to be held on November 19, 2013 pursuant to City Council Rule VII H. 63. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a new Class “B” Flammable Liquids Storage District to be known as District No. B-180 at 14302 FNB Parkway as requested by Jay Noddle of TenVentures, LLC; and to provide the effective date hereof – see attached. CCID # 1494 – Publication to be made and public hearing to be held on November 19, 2013 pursuant to City Council Rule VII H. * * * * * * * * * * * * * COUNCILMEMBER THOMPSON RE-ENTERS THE LEGISLATIVE CHAMBERS EXECUTIVE SESSION 64. 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: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President Absent: Jerram Motion Carried 6-0 ADJOURNED: 2:37 P.M. - 30 - I, SANDRA L. MOSES, DEPUTY CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of t he Meeting of the City Council of the City of Omaha held on November 5th, 2013. WITNESS: _______________________________ _______________________________ DEPUTY CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 8th DAY OF NOVEMBER, 2013.