Loading...
2013-09-17j29th REGULAR OMAHA CITY COUNCIL MEETING SEPTEMBER 17, 2013 THE CITY COUNCIL met in Regular Session on Tuesday, September 17, 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 # 1254 – Present: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Ben Gray of District No. 2. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on September 13, 2013, notice re: Pre-Council and Regular City Council Meetings, September 17, 2013. CCID # 1255 – 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 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 5 THROUGH 6 SHALL BE LAID OVER TWO WEEKS” RESOLUTIONS RE: PLAT & SUBDIVISION AGREEMENT 5. Res. that the replat transmitted herewith entitled THE VILLAS OF OMAHA AT BUTLER RIDGE, located Northwest of 156th Street and Butler Avenue, is hereby approved, and concurrently a portion of the existing plat entitled Village at Butler Ridge, and described on said replat, is hereby vacated – Outside City – see attached. CCID # 1272 – Over two weeks to October 1, 2013 pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of THE VILLAS OF OMAHA AT BUTLER RIDGE, located Northwest of 156th Street and Butler Avenue – Outside City – see attached. # 1272 – Over to 10/01/13 6. Res. that, the Subdivision Agreement between the City of Omaha and The Villas at Butler Ridge, LLC, a Nebraska Limited Liability Company, as recommended by the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as The Villas of Omaha at Butler Ridge (Lots 1-2 and Outlots A-C) and is located northwest of 156th Street and Butler Avenue – see attached. CCID # 1274 – Over two weeks to October 1, 2013 pursuant to City Council Rule VII E. * * * * * * * * * * * * * * - 3 - LIQUOR AND RESOLUTIONS RE: KENO 7. CLASS “C” – Margaritas, LLC, dba “Margaritas”, 2505 South 132 nd Street. New application, New location. Property posted: 09-04-13; Notification sent: 09-06- 13 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Motion by Thompson that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1256 – ADOPTED 7-0 8. PACKAGE – Wal-Mart Stores, Inc., dba “Walmart #3152”, 2451 North 90th Street. New application, New location. Property posted: 09-04-13; Notification sent: 09-06-13 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Motion by Gray that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1257 – ADOPTED 7-0 9. Res. that, in accordance with the Lottery Operator's Agreement with the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 7425 Pacific Street, McKenna’s Blues Booze & BBQ, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1260 – ADOPTED 7-0 - 4 - 10. Res. that, in accordance with the Lottery Operator's Agreement with the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 13806 P Street, The Mill, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1261 – ADOPTED 7-0 PROTEST FILED BY THREE OR MORE RESIDENTS PER SECTIONS 53 -135 AND 53-135.01 OF THE NEBRASKA LIQUOR CONTROL ACT, AND LONG-FORM RENEWAL RESOLUTION 11. Protest filed by three or more residents in accordance with Section 53 -135 and 53-135.01 of the Nebraska Liquor Control Act opposing the automatic renewal of the Class “C” Liquor License of D & W, Inc., dba “Spaulding Bar”, 3825 North 30th Street for the 2013-2014 licensing year – over from 9/10/13 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – MOTION NEEDED TO RECEIVE AND PLACE ON FILE)) (See Doc. # 1246 – September 10 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Regina Wright, 2856 Spaulding Street Protestant: Jim McVay, Attorney representing Spaulding Bar, 6910 Pacific Street CCID # 1246 – Motion by Gray to receive and place on file Seconded by Jerram ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 (a) Legal opinion from Deputy City Attorney, Thomas O. Mumgaard re: automatic renewal of the Class "C" Liquor License of D & W, Inc., dba “Spaulding Bar”, 3825 North 30th Street for the 2013-2014 licensing year – over from 9/10/13 – see attached. (See Doc. # 1246 – September 10 Meeting) # 1246 – From Chair on File - 5 - (b) Communication from James B. McVay, Attorney representing D & W, Inc., dba “Spaulding Bar”, 3825 North 30th Street, re: Protest of the Class “C” Liquor License for the 2013 -2014 licensing year – see attached. # 1246 – From Chair on File (c) Communication from Captain Scott Gray, Omaha Police Department, Southeast Precinct re: D & W, Inc., dba “Spaulding Bar”, 3825 North 30th Street – see attached. # 1246 – From Chair on File 12. Res. that the Nebraska Liquor Control Commission is hereby requested to require D & W, Inc., dba "Spaulding Bar" at 3825 North 30th Street in Omaha, Nebraska, to submit a formal application before its Class “C” retail liquor license is renewed for the 2013-2014 licensing year – over from 9/10/13 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1203 – September 10 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Regina Wright, 2856 Spaulding Street Protestant: Jim McVay, Attorney representing Spaulding Bar, 6910 Pacific Street CCID # 1203 – Motion by Gray that the Resolution NOT be adopted Seconded by Jerram ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 13 through 16 were held on September 10, 2013.) - 6 - CONSENT AGENDA – ORDINANCES 13. Ord. vacating 85th Avenue from Cass Street north approximately 220+/- feet, in the City of Omaha and providing the effective date hereof – see attached. (See Doc. # 1175 – August 27 and September 10 Meetings) Notice of public hearing on September 10, 2013 published in the Daily Record on August 30, 2013. Ordinance passed on September 17, 2013 published in the Daily Record on September 25, 2013. CCID # 1175 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39782 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of the vacation of 85th Avenue from Cass Street north approximately 220 +/- feet – Inside City – see attached. (See Doc. # 1175 – August 27 and September 10 Meetings) # 1175 – From Chair on File 14. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described properties located at 3002 North 41st Street and 4541 Saratoga Street, and legally described in the attached two Donation Agreements, 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 emin ent 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 two Agreements between the City of Omaha and Wells Fargo Bank, N.A., 1 Home Campus, Des Moines, IA 50328-0001, to accept the donation of said residential property at no cost to the city is approved; no expenses are associated with the acceptance of the donation; and to provide the effective date hereof – see attached. (See Doc. # 1176 – August 27 and September 10 Meetings) Notice of public hearing on September 10, 2013 published in the Daily Record on August 30, 2013. Ordinance passed on September 17, 2013 published in the Daily Record on September 25, 2013. CCID # 1176 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39783 – PASSED 7-0 - 7 - 15. Ord. to amend Omaha Municipal Code Sections 34-154, 34-158, 34-165, and 51- 15; to amend requirements for lease application, bond, annual rental, and permit fees, for neighborhood or business district identification signs, applied for by business improvement district boards; to repeal Sections 34-154, 34-158, 34- 165, and 51-15 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 1182 – August 27 and September 10 Meetings) Notice of public hearing on September 10, 2013 published in the Daily Record on August 30, 2013. Ordinance passed on September 17, 2013 published in the Daily Record on September 25, 2013. CCID # 1182 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39784 – PASSED 7-0 16. Ord. to create and establish a Charter Study Convention in accordance with Section 8.15 of the Home Rule Charter of the City of Omaha, 1956; to provide for membership and its appointment thereto; to provide for the duties of such Charter Study Convention; to provide that the timetable by which the Charter Study Convention shall undertake of responsibility and by which it is to complete its duties; to provide for the election of officers and adoption of Rules of Procedure; to require the use of City facilities and personnel; to provide that no City funds shall be expended without prior approval by the City Council; and to provide the effective date hereof – see attached. (See Doc. # 1181 – August 27 and September 10 Meetings) Notice of public hearing on September 10, 2013 published in the Daily Record on August 30, 2013. Ordinance passed on September 17, 2013 published in the Daily Record on September 25, 2013. CCID # 1181 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President ORDINANCE # 39785 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 8 - (The public hearings on Agenda Item Nos. 17 through 26 are today. If you wish to address the City Council regarding these items, please come to the microphone, indicate the Agenda Item Number you wish to address, identify yourself by your name, address, who you represent, and if you are a proponent or opponent.) CONSENT AGENDA – RESOLUTIONS 17. Res. that, as recommended by the Mayor, the contract with Heimes Corp. for OPW 52450, being the 49th Street from Sprague Street to Ames Avenue public improvements in the amount of $527,444.76A is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2010 Transportation Fund 13183, Transportation Bonds Organization 117117, year 2013 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1275 – ADOPTED 7-0 18. Res. that, as recommended by the Mayor, the Professional Services Agreement with Alfred Benesch & Company to perform preliminary engineering, NEPA and final design services for the 24th Street Road Diet Project, known as ENH- 5083(7), CN22506, and OPW 52336, and t he Finance Department is authorized to pay a fee not to exceed $29,335.63; to be paid from the 2010 Transportation 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: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1262 – ADOPTED 7-0 19. Res. that, as recommended by the Mayor, the Preliminary Engineering and Environmental Services Agreement with Lamp, Rynearson & Associates for McMillan Safe Routes to School Infrastructure Project, located on Redick Avenue between 37th Street and 42nd Street, known as Federal Aid Project SRTS- 28(93), State Control No. 22321, with Federal Funds to pay for 100% of the project costs, as stewarded by the Nebraska Department of Roads, 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. - 9 - Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1263 – ADOPTED 7-0 20. Res. that, as recommended by the Mayor, the Supplemental Agreement No. 1 between the City of Omaha and the State of Nebraska Department of Roads, providing for additional resurfacing on certain street segments which are urban extensions of State Highways or links to the State Highway system, known a s Project RD-D2(1036), State Control Number 22334, Agreement IH1305, being Fiscal Year 2014 Resurfacing Project having reimbursement from the State of Nebraska Department of Roads as previously authorized, is hereby approved; and, that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Supplemental Agreement No. 1 on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1264 – ADOPTED 7-0 21. Res. that, as recommended by the Mayor, the Professional Services Agreement with LYNC Architecture, LLC for professional design services for design development, bid services and construction on the Southeast Street Maintenance Facility Locker Room Addition Project at 5225 Dayton Street, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $31,540.00; to be paid from the 2010 Public Facilities Bond Fund 13245, Public Facilities Capital Organization 116262 – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1276 – ADOPTED 7-0 - 10 - 22. Res. that, as recommended by the Mayor, the purchase order to Watson Bowman Acme Corp for the procurement of bridge joint repair items for use in the F Street Bridge Project, known as OPW 52448-SP, in accordance with Section 5.16 of the Home Rule Charter of 1956 for the purchase of unique or non-competitive items, is hereby approved; and that, the Finance Department is authorized to pay the cost, not to exceed $55,591.00, from the Street and Hwy Allocation Fund 12131, Bridge Maintenance Organization 116164 – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1265 – ADOPTED 7-0 23. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a purchase order to SFG Road Maintenance for the purchase of approximately 30,000 gallons of agricultural based de -icing materials to be applied on City streets for the 2013 -2014 winter season in the amount of $30,000.00; 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 – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1266 – ADOPTED 7-0 24. Res. that pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on May 24, 2011, the City of Omaha officially designates the Omaha North High Homecoming Parade as a special event under LB 589 and NEB. REV. STAT. §39-1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties imposed by such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a result of the special event and the temporary use of U. S. Highway 75 from Redick Avenue to Bondesson Street on October 11, 2013, between the hours of 1:00 p.m. and 2:45 p.m., for the entire ro ute of the Omaha North High School’s event, the Omaha North High Homecoming Parade – see attached. - 11 - Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1267 – ADOPTED 7-0 25. Res. that, the payment in the amount of $20,728.00 to Hewlett Packard, c/o Riverside Technologies, 748 North 109 Court, Omaha, Nebraska 68154, for the purchase of 40 laptop computers for the Planning Department Inspectors, is hereby approved. Funds shall be payable from the Technology and Training Fund, Fund No. 21217, Organization No. 109041 – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1268 – ADOPTED 7-0 26. Res. that the attached extension to Maintenance and Support Agreement with Motorola Solutions, Inc. to extend the maintenance on PremierCAD and PremierMDC for an additional year from August 1, 2013 through July 31, 2014, for the total amount of fifty-three thousand and one dollar ($53,001) which sum is to be paid from the Omaha Fire Department’s 2013 budget; Fund 11111, Organization 114515, Expense 42411; and, that the attached agreement between the City of Omaha and Douglas County in which Douglas County agrees to reimburse the City of Omaha fifty percent (50%) of the expenses incurred under the maintenance agreement with Motorola Solutions, Inc. is hereby approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1277 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 12 - RESOLUTIONS 27. Res. that, the attached Triple C Development Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project site located at 2601 North 16th Street which proposes the construction of an 8,423 square foot one- story structure for a new Family Dollar Store as well as related public improvements; recommending the City’s participation through the allocation of TIF in an amount up to $180,000.00 to offset the TIF eligible costs such as site work, demolition, architectural and engineering fees, and the construction of public improvements as required; 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 8/27/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1173 – August 27 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Fran Blanchard, Triple C Development, Centre, AL For the City: Bridget Hadley, Planning Department Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1173 – ADOPTED 7-0 28. Res. that, the attached Village East Senior Apts Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project site located at 2011 North 25th Street which contemplates the construction of a new three-story, forty (40) unit multi-family structure; recommending the City’s participation through the allocation of TIF in an amount up to $163,992.00 to offset costs such as site work, demolition, architectural and engineering fees, and any public improvements; 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 8/27/13 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1174 – August 27 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: For the City: Bridget Hadley, Planning Department James Thele, Planning Department - 13 - Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Res. # 1174 – ADOPTED 7-0 “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NO. 29 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” 29. Res. that, the attached 1011 South 30th Avenue Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project site located at 1011 South 30th Avenue which contemplates the complete rehabilitation of this vacant, two-story multi-family structure into its original configuration of a 15 unit apartment building within the Park Avenue and Leavenworth neighborhoods in the Midtown area; recommending the City’s participation through the allocation of TIF in an amount up to $145,000.00 to offset costs such as acquisition, site work, demolition, rehabilitation and any public improvements, 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 – see attached. Notice of public hearing on October 8, 2013 published in the Daily Record and the Omaha World Herald on September 19, 2013 and September 26, 2013. CCID # 1259 – Over three weeks to October 8, 2013 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. 30 THROUGH 37 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 30. Ord. to rezone property located at 3201 South 24th Street from R7-Medium- Density Multiple-Family Residential District to CC-Community Commercial District. (See Doc. # 1236 – September 10 Meeting) CCID # 1236 – ORDINANCE ON SECOND READING – Final reading to be held on September 24, 2013 as per City Charter requirements. - 14 - 31. Ord. to rezone properties located Northwest of 57th Street and Northwest Radial Highway from R4(35)-Single-Family Residential District (High Density) and GC- General Commercial District to CC-Community Commercial District. (See Doc. # 1237 – September 10 Meeting) CCID # 1237 – ORDINANCE ON SECOND READING – Final reading to be held on September 24, 2013 as per City Charter requirements. 32. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the properties located Northwest of 57th Street and Northwest Radial Highway; and to provide for an effective date – see attached. (See Doc. # 1238 – September 10 Meeting) CCID # 1238 – ORDINANCE ON SECOND READING – Final reading to be held on September 24, 2013 as per City Charter requirements. 33. Ord. to rezone the property located at 5718 Seward Street from R4(35)-Single- Family Residential District (High Density) to R5-Urban Family Residential District. (See Doc. # 1239 – September 10 Meeting) CCID # 1239 – ORDINANCE ON SECOND READING – Final reading to be held on September 24, 2013 as per City Charter requirements. 34. Ord. to rezone property located Southwest of 64th Avenue and West Center Road from DR-Development Reserve District, R3-Single Family Residential District (Medium-Density), MH-Mobile Home Residential District, CC-Community Commercial District and GI-General Industrial District to MU-Mixed Use District (portions of which property lie within the flood fringe and floodway). (See Doc. # 1240 – September 10 Meeting) CCID # 1240 – ORDINANCE ON SECOND READING – Final reading to be held on September 24, 2013 as per City Charter requirements. 35. Ord. to approve a Mixed Use District Development Agreement for property located Southwest of 64th Avenue and West Center Road between the City of Omaha and Board of Regents of the University of Nebraska, providing site development standards; and to provide for an effective date – see attached. (See Doc. # 1242 – September 10 Meeting) CCID # 1242 – ORDINANCE ON SECOND READING – Final reading to be held on September 24, 2013 as per City Charter requirements. - 15 - 36. Ord. to rezone the property located at 13624 Miami Street from R3 -Single-Family Residential District (Medium-Density) to R4-Single-Family Residential District (High- Density). (See Doc. # 1243 – September 10 Meeting) CCID # 1243 – ORDINANCE ON SECOND READING – Final reading to be held on September 24, 2013 as per City Charter requirements. 37. Ord. to rezone property located at 4200 North 204th Street from AG-Agricultural District and R5-Urban Family Residential District to R5-Urban Family Residential District. (See Doc. # 1244 – September 10 Meeting) CCID # 1244 – ORDINANCE ON SECOND READING – Final reading to be held on September 24, 2013 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 38. Ord. declaring the necessity of the voluntary acquisition of certain properties identified as 1315 Cole Creek Drive & 538 N 76th Street, for the purpose of the Cole Creek Flood Mitigation Project, also known as City Project No. OPW 50008, providing that the City negotiate with the property owners. The City will not use condemnation to acquire the properties, and, providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1245 – September 10 Meeting) CCID # 1245 – Public hearing was held today – Final reading set for September 24, 2013 as per City Charter requirements. 39. Ord. (1) to approve an Agreement between the City of Omaha and Eastern Nebraska Community Action Partnership (ENCAP) in the amount of one hundred and ninety seven thousand one hundred and thirty three dollars ($197,133); and (2) to authorize funding for such agreement from the City of Omaha’s 2012 Byrne Criminal Justice Innovation Program Grant, award #2012-AJ-BX-0013, awarded by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; to provide funding for the Omaha RISE collaborative project to help returning probationers re-entering the 68111 zip code; 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. ((PUBLIC HEARING TODAY)) (See Doc. # 1253 – September 10 Meeting) CCID # 1253 – Public hearing was held today – Final reading set for September 24, 2013 as per City Charter requirements. - 16 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 40 THROUGH 42 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 40. Ord. to rezone property located Northwest of 156th Street and Butler Avenue from DR-Development Reserve District and R6-Low-Density Multiple-Family Residential District to DR-Development Reserve District. CCID # 1269 – Publication to be made and public hearing and third reading to be held on October 1, 2013 as per City Charter requirements. 41. Ord. to rezone property located Northwest of 156th Street and Butler Avenue from DR-Development Reserve District and R6-Low-Density Multiple-Family Residential District to R6-Low-Density Multiple-Family Residential District. CCID # 1270 – Publication to be made and public hearing and third reading to be held on October 1, 2013 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 156th Street and Butler Avenue from DR and R6 to DR and R6 – see attached. # 1270 – Over to 10/01/13 42. Ord. to approve a PUD-Planned Unit Development Overlay District in an R6-Low- Density Multiple-Family Residential District located Northwest of 156th Street and Butler Avenue, to approve the Development Plan, to rescind the previously enacted PUD District and Development Plan, and to provide for an effective date – see attached. CCID # 1271 – Publication to be made and public hearing and third reading to be held on October 1, 2013 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a PUD-Planned Unit Development Overlay District in an R6 District and to repeal the existing PUD Overlay District and Development Plan, located Northwest of 156th Street and Butler Avenue – see attached. # 1271 – Over to 10/01/13 * * * * * * * * * * * * * - 17 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARING ON AGENDA ITEM NO. 43 SHALL BE HELD ON THE SECOND READING” ORDINANCE ON FIRST READING 43. Ord. approving a redevelopment and tax increment financing (TIF) loan agreement between the City of Omaha and Integrated Realty Resources, LLC n/k/a The Nottingham, LLC, a Nebraska limited liability company to implement the Nottingham at Gifford Park Tax Increment Financing Redevelopment Project Plan located at 3304 Burt Street; the owner will rehabilitate the historic Nottingham Apartment building and parking area; the agreement authorizes the use of up to $535,349.00 in excess ad valorem taxes (TIF) generated b y the development to help fund the cost of the project; and providing for an effective date – see attached. CCID # 1273 – Publication to be made and public hearing to be held on September 24, 2013 as per City Charter requirements. * * * * * * * * * * * * * EXECUTIVE SESSION 44. 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 Gernandt ROLL CALL: Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President Motion Carried 7-0 ADJOURNED: 2:24 P.M. - 18 - I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on September 17th, 2013. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 19TH DAY OF SEPTEMBER, 2013.