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2019-03-05j ____________________________ JOURNAL RECORD CITY OF OMAHA CITY COUNCIL MEETING TUESDAY, MARCH 5, 2019 @ 2:00 PM LEGISLATIVE CHAMBERS, 1819 FARNAM STREET OMAHA, NEBRASKA OMAHA CITY COUNCILMEMBERS Ben Gray – Council President District 2 Chris Jerram – Council Vice President District 3 Pete Festersen District 1 Vinny Palermo District 4 Rich Pahls District 5 Brinker Harding District 6 Aimee Melton District 7 - 2 - THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, March 5, 2019 immediately following the Board of Equalization meeting in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Ben Gray. CALL TO ORDER City Clerk Elizabeth Butler took the Roll Call: Present were Councilmembers Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President (Gray) – CCID # 2019-224. Council President Ben Gray led those present in the Pledge of Allegiance. Councilmember Pete Festersen of District No. 1 provided the Invocation. CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT City Clerk Elizabeth Butler certified publication in the Daily Record, the Official Newspaper of the City of Omaha, on March 1, 2019, notice of the Pre-Council and Regular City Council Meetings, March 5, 2019 – CCID # 2019-225. Ms. Butler stated that a current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. PRESENTATIONS AND PROCLAMATIONS None PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS COPPER CREEK City Clerk Elizabeth Butler stated that Items 6 through 9 relate to the same project and would be considered together. (Required notice of the public hearing relating to this development was published in the Daily Record on February 19, 2019.) 6. ORD. 41737 – An ordinance to rezone property located southeast of 168th Street and Military Road from AG-Agricultural District to DR-Development Reserve District – (First Reading February 12, 2019; Second Reading February 26, 2019; Third Reading, Public Hearing and Vote March 5, 2019) – see attached. (PUBLIC HEARING AND VOTE TODAY) 7. ORD. 41738 – An ordinance to rezone property located southeast of 168th Street and Military Road from AG-Agricultural District to R5-Urban Family Residential District (portion of the property is located within the flood fringe overlay district) – (First Reading February 12, 2019; Second Reading February 26, 2019; Third Reading, Public Hearing and Vote March 5, 2019) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. - 3 - 8. RES. 2019-150 – Res. that, the Final Plat entitled Copper Creek (Lots 1-92 and Outlots A-G), located southeast of 168th Street and Military Road, is hereby approved and accepted. The applicant is CC Military LLC – Outside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 9. RES. 2019-151 – Res. that, the Subdivision Agreement among the City of Omaha, CC Military, LLC, The Copper Creek Home Owners Association, and Sanitary and Improvement District (S.&I.D.) 588 of Douglas County, Nebraska, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Copper Creek (Lots 1-92 and Outlots A-G) and is located southeast of 168th Street and Military Road – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Gray opened the Public Hearing on Items 6 through 9. The following person(s) appeared and spoke: PROPONENTS: Larry Jobeun, Attorney for the applicant, 11440 West Center Road No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that the following items be approved: Item # 6 ORDINANCE # 41737; Item # 7 ORDINANCE # 41738; Item # 8 RESOLUTION # 2019-150; and, Item # 9 RESOLUTION # 2019-151 ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 PLANNING ORDINANCES ON FINAL READING WITH PLANNING BOARD ATTACHMENTS City Clerk Elizabeth Butler stated that Items 10 through 13 relate to the same project and 11 and 12 would be considered together. 10. RES. 2019-223 – Res. that, the Development Agreement for the properties located at 5003 Dodge Street and 106 South 50th Street between the City of Omaha and Buck’s, Inc., is hereby approved. The Mayor is authorized to execute the agreement – see attached. (PUBLIC HEARING AND VOTE TODAY) 11. ORD. 41715 – An ordinance to rezone the properties located at 5003 Dodge Street and 106 South 50th Street from R3-Medium Density Multiple Family Residential District and GC-General Commercial District to GC-General Commercial District – (First Reading January 15, 2019; Second Reading January 29, 2019; Third Reading, Public Hearing and Vote February 5, 2019) – see attached. (POSTPONED FROM THE FEBRUARY 5, 2019 AND FEBRUARY 26, 2019 CITY COUNCIL MEETINGS, PUBLIC HEARING AND VOTE TODAY) - 4 - A. Planning Board and Planning Department recommend denial – see attached. B. Communications in opposition – see attached. C. Documentation received from Ryann Glenn, Attorney for the Applicant – see attached. 12. ORD. 41716 – An ordinance to amend the boundaries of the ACI-2 Area of Civic Importance Overlay District, to incorporate into that district the properties located at 5003 Dodge Street and 106 South 50th Street – (First Reading January 15, 2019; Second Reading January 29, 2019; Third Reading, Public Hearing and Vote February 5, 2019) – see attached. (POSTPONED FROM THE FEBRUARY 5, 2019 AND FEBRUARY 26, 2019 CITY COUNCIL MEETINGS, PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend denial – see attached. 13. ORD. 41717 – An ordinance to approve an Amendment to the Future Land Use Element of the City’s Master Plan from Low density residential to Office/commercial for the property located at 106 South 50th Street, and to change the boundary of the Dodge Street and Saddle Creek Road Mixed Use Area – (First Reading January 15, 2019; Second Reading January 29, 2019; Third Reading, Public Hearing and Vote February 5, 2019) – see attached. (POSTPONED FROM THE FEBRUARY 5, 2019 AND FEBRUARY 26, 2019 CITY COUNCIL MEETINGS, PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend denial – see attached. Council President Gray opened the Public Hearing on Items 10 through 13. The following person(s) appeared and spoke: PROPONENTS: Ryann Glenn, Attorney for the applicant, 13330 California Street Dave Shumaker, 108 South 50th Street Rick Fulton, 410 South 82nd Street Larry Storer, 5015 Lafeyette Avenue Steve Buchanan, 5003 Dodge Street OPPONENTS: Jaime Rosales, 103 South 50th Avenue FOR THE CITY: Dave Fanslau, Planning Director Alan Thelen, Law Department No one else came forward, and the public hearing was closed. MOTION by Festersen, SECOND by Gray that RESOLUTION # 2019-223 be approved ROLL CALL: Yeas: Festersen, Harding, Melton, Palermo, Mr. President Nays: Jerram, Pahls MOTION APPROVED 5-2 - 5 - MOTION by Festersen, SECOND by Gray that the following items be approved: Item # 11 ORDINANCE # 41715; and, Item # 12 ORDINANCE # 41716 ROLL CALL: Yeas: Festersen, Harding, Melton, Palermo, Mr. President Nays: Jerram, Pahls MOTION APPROVED 5-2 MOTION by Festersen, SECOND by Gray that ORDINANCE # 41717 be approved ROLL CALL: Yeas: Festersen, Harding, Melton, Palermo, Mr. President Nays: Jerram, Pahls MOTION APPROVED 5-2 COUNCIL PRESIDENT GRAY LEFT THE LEGISLATIVE CHAMBERS AT 3:05 P.M. COUNCIL PRESIDENT GRAY RETURNED TO THE LEGISLATIVE CHAMBERS AT 3:07 P.M. TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PROJECT PLAN RESOLUTIONS 14. RES. 2019-162 – Res. that, the Amendment to the Rows on South Hill Tax Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located northeast of 11th and Briggs Streets and southeast of 12th and Briggs Streets, proposing the additional construction of 6 new for-sale, attached 3-story row houses, and authorizing the City’s participation through the increase in allocation of TIF of $652,506.00, from $1,500,000.00, plus accrued interest, to an amount up to $2,152,506.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to acquisition, site work, architectural and engineering fees, and public improvements as required, containing a provision for the division of ad valorem taxes as authorized by Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and determined to be in conformance with the Community Development Law and as recommended by the City Planning Department, be and hereby is approved – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communication in support – see attached. Council President Gray opened the Public Hearing on Item 14. The following person(s) appeared and spoke: PROPONENTS: Tom McLeay, 3814 Farnam Street FOR THE CITY: Bridget Hadley, Planning Department No one else came forward, and the public hearing was closed. - 6 - MOTION by Jerram, SECOND by Festersen that RESOLUTION # 2019-162 be approved ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 15. RES. 2019-163 – Res. that, the Forty9Place Tax Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located at 209 South 49th Street, proposing new construction of a 9-unit, for-sale single-family attached rowhouse project, each unit with a two-car attached garage, and authorizing the City’s participation through the allocation of TIF in an amount up to $883,105.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to acquisition, site work, foundation removals, architectural and engineering fees, and public improvements as required, containing a provision for the division of ad valorem taxes as authorized by Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and determined to be in conformance with the Community Development Law and as recommended by the City Planning Department, be and hereby is approved – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Amendment of the Whole requested by the Planning Department – see attached. Council President Gray opened the Public Hearing on Item 15. The following person(s) appeared and spoke: PROPONENTS: Tim Holland, 119 South 49th Street OPPONENTS: Larry Storer, 5015 Lafayette Avenue Luis Jimenez, 518 North 40th Street FOR THE CITY: Don Seten, Planning Department No one else came forward, and the public hearing was closed. MOTION by Jerram, SECOND by Gray that the Amendment of the Whole for RESOLUTION # 2019-163 be approved ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ - 7 - LIQUOR 16. RES. 2019-229 – Class “I” Liquor License Application – Immanuel Retirement Communities, dba “Lakeside Village”, 17475 Frances Street. (This is a new application for a new location). Notice was posted on the property on 02-19-19; Notification was sent to property owners within 500 feet on 02/21/19 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communication in opposition – see attached. Council President Gray opened the Public Hearing on Item 16. The following person(s) appeared and spoke: PROPONENTS: Michael Sands, Attorney for the applicant, 1700 Farnam Street No one else came forward, and the public hearing was closed. MOTION by Harding, SECOND by Melton that RESOLUTION # 2019-229 be approved ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 17. RES. 2019-230 – Class “K” Liquor License Application – Wright Weir, LLC, dba “Therapy Bar & Grill”, 5059 South 108th Street. (This is a new application for an old location). Presently holds a Class “C” Liquor License. Notice was posted on the property on 02-19- 19; Notification was sent to property owners within 500 feet on 02/21/19 – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Gray opened the Public Hearing on Item 17. The following person(s) appeared and spoke: PROPONENTS: Amy Weir, 5059 South 108th Street No one else came forward, and the public hearing was closed. MOTION by Pahls, SECOND by Palermo that RESOLUTION # 2019-230 be approved ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 - 8 - 18. RES. 2019-231 – Reconstruction Application – Buck’s, Inc., dba “Bucky’s Express 96”, 9645 Ida Street, requests permission for the reconstruction to the present Class “D” Liquor License location from a 1 story building approx. 73’ x 42’ to a 1 story building approx. 57’ x 125’. Notice was posted on the property on 02-19-19; Notification was sent to property owners within 500 feet on 02/21/19 - see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Gray opened the Public Hearing on Item 18. The following person(s) appeared and spoke: PROPONENTS: Robert Diesing, 1005 East Aberdeen Drive, Papillion, NE No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that RESOLUTION # 2019-231 be approved ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 19. RES. 2019-232 – Special Designated Liquor License Application – Maloney’s, LLC, dba “Maloney’s Irish Pub”, 1830 North 72nd Street, requests permission for a Special Designated License for an outdoor area for St. Patrick’s Day events on Saturday, March 16, 2019 from 7:00 P.M. to 1:00 A.M. and Sunday, March 17, 2019 from 6:00 A.M. to 1:00 A.M. with music until 1:00 A.M. each night – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Gray opened the Public Hearing on Item 19. The following person(s) appeared and spoke: PROPONENTS: Wendy Maloney Bettin, 1830 North 72nd Street No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that RESOLUTION # 2019-232 be approved ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ - 9 - CONSENT AGENDA City Clerk Elizabeth Butler stated that any member of the City Council may cause any item placed on the Consent Agenda to be removed. 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 provided by the City Council Rules of Order. Council President Gray announced that the public hearings on Agenda Items 20 through 29 were held on February 26, 2019. (Required notices of the public hearings were published in the Daily Record on February 22, 2019.) CONSENT AGENDA – ORDINANCES COUNCIL PRESIDENT GRAY STATED THAT AGENDA ITEM 21 WAS REMOVED FROM THE CONSENT AGENDA 20. ORD. 41739 – An ordinance to exercise the prior option to extend a contract by two years, to be effective from March 1, 2019 through February 28, 2021, initially approved by the City Council by Ordinance No. 39947, with Deffenbaugh Disposal Service, Inc. for the collections of solid waste from Omaha Housing Authority sites in an estimated amount of $76,340.00 annually for a two-year sum of $152,680.00; to provide for payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments from specific accounts – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. 21. ORD. 41740 – An ordinance declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 89th Circle Street Improvement District, project identified as OPW 53122; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. (REMOVED FROM CONSENT) 22. ORD. 41741 – An ordinance declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing the 72nd & Maple Street Intersection Safety project identified as OPW 52937; providing that the City negotiate with the property owners for land acquisition, permanent easements and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. - 10 - 23. ORD. 41742 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and 1701, LLC, to implement the Habitat Kountze Park 5 Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located between Sahler and Evans Streets and between North 18th and 24th Streets, which proposes the construction of 22 new single family homes, and rehabilitation of two existing homes; the agreement authorizes the use of up to $405,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. 24. ORD. 41743 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and Westchester Capital, to implement the Elliott Equipment Company Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 3514 South 25th Street, which proposes the renovation of two existing buildings, one containing approximately 42,000 square feet building and another containing approximately 167,000 square feet, for relocation and consolidation of Elliott Equipment Company operations to a single site; the agreement authorizes the use of up to $1,131,408.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. 25. ORD. 41744 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and 4660N56, LLC, to implement the Ames Innovation Center Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 4606 North 56th Street, which proposes the renovation of a 44,000 square foot building into a high tech, data-driven work environment for commercial and office use; the agreement authorizes the use of up to $486,146.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. 26. ORD. 41745 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and Avanti Group, LLC, to implement the Little Italy on Pierce Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 925 Pierce Street, which proposes the construction of a five-level apartment building with 83 studio, one and two bedroom apartment units with amenities, an underground parking garage with 59 parking stalls, 22 onsite parking stalls, and 16 parking stalls in the public rights of way along 10th Street and Pierce Street; and the agreement authorizes the use of up to $2,300,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. - 11 - 27. ORD. 41746 – An ordinance authorizing the approval of the Agreement between the City of Omaha, Nebraska, on behalf of the Omaha Police Department and the Metro Drug Task Force, and Kevin T. Donlan to provide intelligence analyst services for the Metro Drug Task Force, for a term of one year from April 1, 20 19 to March 30, 2020, and may be extended for two additional one-year terms upon mutual consent of the parties; that in consideration, the City shall pay Kevin T. Donlan an amount not to exceed $3,633.33 per month; $32,699.97 for 2019 (9 months) and $10,899.99 for 2020 (3 months) – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. 28. ORD. 41747 – An ordinance to authorize payment for professional services to perform DNA testing needed by the Omaha Police Department, for a period of up to five years, involving the payment of money from appropriations of more than one (1) fiscal year in accordance with Sections 5.16 and 5.17 of the Omaha Home Rule Charter of the City of Omaha, 1956, as amended; to provide for the payment to the University of Nebraska Medical Center approximately $200,000.00 a year, for an estimated total of $1,000,000.00 – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. 29. ORD. 41748 – An ordinance to approve and authorize an Extension Amendment to a Contract between the City of Omaha, and Metropolitan Technical Community College Area, for services involving the payment of money from appropriations of more than one year in accordance with sections 5.16 and 5.17 of the Omaha Home Rule Charter of the City of Omaha, 1956, as amended; to provide for payment to Metropolitan Technical Community College Area on per-student basis for various training for an additional two (2) years commencing on January 1, 2019. (The cost of training varying from $70.00 per person to $4,852.00 per person in 2019 and for administrative costs of $163,500.00 paid from the Omaha Fire Department Fund 11111, Organization 114572 EMS Training, 42239 Professional Fees; the Extension exercises the option of the City of Omaha to extend the Agreement for two (2) additional one-year periods.) – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. MOTION by Jerram, SECOND by Festersen that the following items be approved: Item # 20 ORDINANCE # 41739; Item # 22 ORDINANCE # 41741; Item # 23 ORDINANCE # 41742; Item # 24 ORDINANCE # 41743; Item # 25 ORDINANCE # 41744; Item # 26 ORDINANCE # 41745; Item # 27 ORDINANCE # 41746; Item # 28 ORDINANCE # 41747; and, Item # 29 ORDINANCE # 41748 ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 - 12 - 21. ORD. 41740 – An ordinance declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 89th Circle Street Improvement District, project identified as OPW 53122; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed – (First Reading February 12, 2019; Second Reading and Public Hearing February 26, 2019; Third Reading March 5, 2019) – see attached. MOTION by Festersen, SECOND by Gray that ORDINANCE # 41740 be postponed to the April 2, 2019 City Council meeting and that the public hearing be continued ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ Council President Gray announced that the public hearings on Agenda Items 30 through 35 were today. He asked that anyone who wished to address the City Council regarding these items please come to the microphone, indicate the Agenda Item Number being addressed, and state their name, address, who they represent, and if they were speaking as a proponent or opponent. CONSENT AGENDA – RESOLUTIONS 30. RES. 2019-233 – Deletion Application – Dante Black, LLC, dba “Dante Pizzeria Napoletana”, 3852 Farnam Street, requests permission for a deletion to the present Class “CK” Liquor License location of an irregular shaped area approx. 36’ x 38’ to the north – see attached. 31. RES. 2019-234 – Res. that, as recommended by the Mayor, Amendment No. 1 to the Professional Services Agreement with Thiele Geotech, Inc., in an additional amount not to exceed $114,989.00, for professional services on OPW 52648, being the Missouri River Wastewater Treatment Plant Improvements Project - Schedule B2, is hereby approved. (The Finance Department is authorized to pay the additional fee not to exceed $114,989.00 for these services from the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918, year 2019 expenditure, Sewer Revenue Bonds will be issued to finance this project.) – see attached. 32. RES. 2019-235 – Res. that, as recommended by the Mayor, the bid in the total amount of $25,488.35 from D&K Products to furnish all labor, materials and equipment necessary for the Chemicals (Parks, Turf and Isaacson Baseball) bid, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and that the Finance Department is authorized to pay the Funds in the total amount of $25,488.35to D&K PRODUCTS, from the General Fund No. 11111, Organization No. 115025 – Grounds Maintenance Contracts ($16,670), and Organization No. 115543 – Sports Turf ($8,818.35).) – see attached. - 13 - 33. RES. 2019-236 – Res. that, as recommended by the Mayor, the bid in the total amount of $50,572.80 from Chief School Bus Service, Inc. to provide transportation for Summer Recreation Programs at Camp Hanscom, Hummel Park Day Camp, Camp Adams, and Senior Program Field Trips, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the General Fund No. 11111, and Organization Nos. - 115352 - Hummel Park Day Camp ($45,892.80), and – 115121 Montclair Community Center ($4,680.00), in the 2019 fiscal year.) – see attached. 34. RES. 2019-237 – Res. that, as recommended by the Mayor, the bid in the total amount of $47,561.80 from Commercial Recreation Specialists to deliver a pool slide, located at Hanscom Swimming Pool, 3110 Ed Creighton Boulevard, Omaha, Nebraska, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and the Finance Department is authorized to pay the Funds in the amount of $47,561.80 from the 2014 Parks and Recreation Fund No. 13356, Organization No. 117317, Parks and Cultures Bond, Project I.D. No. 1992P510.) – see attached. 35. RES. 2019-238 – Res. that, as recommended by the Mayor, in accordance with Section 5.16 of the Home Rule Charter of the City of Omaha, 1956, the Omaha Public Library is hereby authorized to purchase unique and non-competitive products and services from LinkedIn Corporation in an amount not to exceed $27,500.00 for the annual subscription of Lynda Library for a one year term beginning March 25, 2019 and ending on March 24, 2020. (The Finance Department is authorized to pay $27,500.00 f or the cost of products and services from the 2019 General Fund 11111, Organization 117016, Account 43416.) – see attached. Council President Gray opened the Public Hearing on Items 30 through 35. The following person(s) appeared and spoke: PROPONENTS: Item # 30 – Nicholas Strawhecker, 11809 Frances Street No one else came forward, and the public hearing was closed. MOTION by Harding, SECOND by Jerram that the following items be approved: Item # 30 RESOLUTION # 2019-233; Item # 31 RESOLUTION # 2019-234; Item # 32 RESOLUTION # 2019-235; Item # 33 RESOLUTION # 2019-236; Item # 34 RESOLUTION # 2019-237; and, Item # 35 RESOLUTION # 2019-238 ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 ______________________________________ - 14 - RESOLUTION 36. RES. 2019-239 – Res. that, the lawsuit pending in the District Court of Douglas County, Nebraska, entitled James J. Nuno v. City of Omaha and Mark R. Jording, Case No. CI 17-9587, should be and hereby is settled, upon payment by the City to the Plaintiff and his attorney in the amount of $150,000.00, inclusive of all costs and attorney fees; in exchange for which the Plaintiff will dismiss his case against the City and Jording with prejudice; that a settlement in the amount of $150,000.00 is hereby approved; and that the said $150,000.00 shall be paid from the Contingent Liability Fund, Fund 11114, Org. 122101, Account 46113 – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Gray opened the Public Hearing on Item 36. No one came forward, and the public hearing was closed. MOTION by Jerram, SECOND by Melton that RESOLUTION # 2019-239 be approved ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 ______________________________________ ORDINANCES ON SECOND READING 37. ORD. 41753 – An ordinance declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the Signal Infrastructure Phase A, project identified as OPW 52955; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) Council President Gray opened the Public Hearing on Item 37. No one came forward, and the public hearing was closed. 38. ORD. 41754 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and Ashton, LLC, to implement the Ashton Building Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 1218 Nicholas Street, which proposes the renovation of a 187,000 square foot historic building for commercial and office use; the agreement authorizes the use of up to $6,350,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) - 15 - Council President Gray opened the Public Hearing on Item 38. The following person(s) appeared and spoke: PROPONENTS: Kendra Ringenberg, Attorney for the applicant, 13625 California Street FOR THE CITY: Don Seten, Planning Department No one else came forward, and the public hearing was closed. 39. ORD. 41755 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and Victory Apartments II - Omaha, LLC, to implement the Victory Apartments II Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 819 Dorcas Street, which proposes the conversion of a vacant, 4-story, building into 60 low-income veteran housing units; the agreement authorizes the use of up to $347,016.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) Council President Gray opened the Public Hearing on Item 39. The following person(s) appeared and spoke: PROPONENTS: Zach Reinhardt, Burlington Capital, 1004 Farnam Street OPPONENTS: Luis Jimenez, 518 North 40th Street Mark Vondrasek, 211 South 37th Street FOR THE CITY: Bridget Hadley, Planning Department No one else came forward, and the public hearing was closed. City Clerk Elizabeth Butler stated that Items 40 and 41 relate to the same project and the public hearings would be held together. 40. ORD. 41756 – An ordinance providing for the designation of an enhanced employment area; the levy of a general business occupation tax; providing for the administration, imposition and collection of such occupation tax (Logan Building); specifying the use of such occupation tax revenue; and related matters – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) - 16 - 41. ORD. 41757 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment and Occupation Tax Agreement between the City of Omaha and Logan Hospitality NMTC, LLC, to implement the Logan Building Tax Increment Financing (TIF) Redevelopment Project Plan, for a project site located at 1802 Dodge Street, which proposes to renovate the vacant seven story building known as the Logan Building into a mixed-use condominium regime consisting of a 90-room upscale boutique hotel located on the first six floors; a mezzanine level speakeasy bar, approximately 4,800 square feet of retail/office space located on the first floor; and four to six residential condominiums located on the seventh floor; the agreement authorizes the use of up to $2,776,500.00, plus accrued interest; in excess ad valorem taxes (TIF) and $1,375,000.00 in occupation tax funds generated by the development to help fund the cost of the project – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) Council President Gray opened the Public Hearing on Item 40 and 41. The following person(s) appeared and spoke: PROPONENTS: Michael Sands, Attorney for the applicant, 1700 Farnam Street Mike Works, 6007 Norman Road, Lincoln, NE FOR THE CITY: Kevin Andersen, Mayor’s Office No one else came forward, and the public hearing was closed. 42. ORD. 41758 – An ordinance to approve the Collective Bargaining Agreement for the years 2018, 2019, 2020, and 2021 between the City of Omaha and the Functional Employees Group; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict to those employees in the Bargaining Unit described in Article 1, Section 1, of said agreement with the provisions of the Collective Bargaining Agreement shall not be applicable; to amend Sections 23- 342, 23-362, 23-363, 23-365, 23-369, 23-371, 23-402, 23-403, 23-404, and 23-417 of the Omaha Municipal Code to remove references to functional employees; to delete Sections 23-431 to 23-456 of the Omaha Municipal Code, known as Article VI. Employee Groups, Division 1. Functional Employees Group; to remove sections referencing functional employees; to provide authorization for the Mayor to execute and the City Clerk to attest her signature – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) Council President Gray opened the Public Hearing on Item 42. The following person(s) appeared and spoke: FOR THE CITY: Tim Young, Human Resources Director No one else came forward, and the public hearing was closed. - 17 - 43. ORD. 41759 – An ordinance to amend Omaha Municipal Code Sec. 44-151; to adopt the NFPA 70, 2017 National Electrical Code – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) Council President Gray opened the Public Hearing on Item 43. The following person(s) appeared and spoke: PROPONENTS: Dan Hughes, 8946 L Street FOR THE CITY: Anna Bespoyasny, Planning Department No one else came forward, and the public hearing was closed. 44. ORD. 41762 – An ordinance to amend Chapter 40 of the Omaha Municipal Code entitled “Mechanical”; to amend code sections therein to conform with previous code changes; to amend sections 40-591, 40-592, 40-601 as heretofore existing – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) Council President Gray opened the Public Hearing on Item 44. The following person(s) appeared and spoke: FOR THE CITY: Anna Bespoyasny, Planning Department No one else came forward, and the public hearing was closed. 45. ORD. 41760 – An ordinance to approve an Agreement between the City of Omaha and the Board of Regents of the University of Nebraska, to make a partial payment toward the city’s Unfunded Reimbursement, as identified in that Interlocal Cooperation Agreement by and between the parties approved by the Omaha City Council on October 25, 2013 and authorizes the use of $1,561,000 in transportation bond proceeds to fund the costs of the public improvements – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) Council President Gray opened the Public Hearing on Item 45. No one came forward, and the public hearing was closed. - 18 - 46. ORD. 41761 – An ordinance approving the Sixteenth Supplemental Agreement among the City of Omaha, the County of Douglas and the Omaha-Douglas Public Building Commission to provide for the issuance of up to the stated principal amount of $6,250,000.00 of new bonds, in one or more series, to pay costs for acquiring a site consisting of improved real estate known as the MUD site between 17th Street, 18th Street, Harney Street, and Howard Street for future projects consisting of, but not limited to, acquiring, constructing, demolishing, reconstructing, improving, renovating and equipping office facilities, courtroom facilities, and other justice facilities as an addition to the Civic Center and as an addition to the Hall of Justice and to determine the division of responsibility for payment of the new bonds – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) Council President Gray opened the Public Hearing on Item 46. The following person(s) appeared and spoke: PROPONENTS: Paul Cohen, Omaha-Douglas Public Building Commission OPPONENTS: Luis Jimenez, 518 North 40th Street No one else came forward, and the public hearing was closed. 47. ORD. 41763 – An ordinance authorizing and providing for the issuance of Redevelopment Project Revenue Bonds (Blackstone Hotel) in one or more series in an aggregate principal amount not to exceed $22,627,138.00, for the purpose of paying the costs of reconstructing, improving, extending, rehabilitating, installing, equipping, furnishing and completing certain improvements within the Blackstone Hotel Tax Increment Financing Redevelopment Project Plan Area, and paying the costs of issuance of such bonds; prescribing the form and certain details of such bonds; pledging certain occupation tax revenues to the payment of the principal of and interest on such bonds as the same become due; limiting payment of such bonds to the revenues specified herein; creating and establishing funds and accounts; delegating, authorizing and directing the finance director to exercise his independent discretion and judgment in determining and finalizing certain terms and provisions of such bonds not specified herein; taking other actions and making other covenants and agreements in connection with the foregoing; and related matters – (First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading March 12, 2019) – see attached. (PUBLIC HEARING TODAY) Council President Gray opened the Public Hearing on Item 47. The following person(s) appeared and spoke: PROPONENTS: Tom McLeay, 3814 Farnam Street No one else came forward, and the public hearing was closed. _______________________________________ - 19 - NON-ACTION ITEMS (Items 48 through 62 do not require a public hearing or City Council consideration at the present meeting, but will be placed on a future agenda for a public hearing and City Council consideration. The reason for non-action is noted after the item on the agenda as well as the date the item is expected to appear on an agenda for City Council consideration.) (CITY COUNCIL WILL NOT MEET ON MARCH 26, 2019) ANCHOR POINTE 48. ORD. 41752 – An ordinance to rezone property located northwest of Ida Street and HWS Cleveland Boulevard from AG-Agricultural District to R4-Single Family Residential District (High Density) – (First Reading February 26, 2019; Second Reading March 5, 2019; Third Reading, Public Hearing and Vote March 12, 2019) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 49. RES. 2019-171 – Res. that, the Final plat entitled Anchor Pointe (Lots 217-302 and Outlots P-T), located northwest of Ida Street and HWS Cleveland Boulevard, is hereby approved and accepted. The applicant is Anchor Pointe Development LLC – Outside City Limits – see attached. (LAID OVER TO THE MARCH 12, 2019 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 48 AND TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS) A. Planning Board and Planning Department recommend approval – see attached. 50. RES. 2019-172 – Res. that, the Subdivision Agreement among the City of Omaha, Anchor Pointe Development, LLC, The Anchor Pointe Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 567 of Douglas County, Nebraska, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Anchor Pointe (Lots 217-302 and Outlots P-T) and is located northwest of Ida Street and HWS Cleveland Boulevard – see attached. (LAID OVER TO THE MARCH 12, 2019 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 48) STONE ARCH CREEK 51. RES. 2019-226 – Res. that, the Preliminary Plat entitled Stone Arch Creek, located at 13909 North 64th Plaza, with request for waivers to Section 53-8-4(d), Lot frontage; Section 53-9(3), Street surfacing; and Section 53-9(9), Sidewalks, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Sean Negus – Outside City Limits – see attached. (LAID OVER TO THE MARCH 19, 2019 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 53) A. Planning Board recommends approval, with waivers to Section 53-8-4(d) Lot Frontage, Section 53-9(3) Street Surfacing, and Section 53-9(9) Sidewalks – see attached. - 20 - B. Planning Department recommends approval, with a waiver of Section 53-9(9) Sidewalks but DENIAL of waivers to Section 53-8-4(d) Lot Frontage and Section 53-9(3) Street Surfacing – see attached. 52. RES. 2019-227 – Res. that, the Final Plat entitled Stone Arch Creek, located at 13909 North 64th Plaza, is hereby approved and accepted. The applicant is Sean Negus – Outside City Limits – see attached. (LAID OVER TO THE MARCH 19, 2019 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 53) A. Planning Board and Planning Department recommend approval – see attached. 53. RES. 2019-228 – Res. that, the Special Use Permit application submitted by Sean Negus, for a Special Use Permit to allow development in the ED-North Hills Environmental Overlay District located at 13909 North 64th Plaza, 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 referenced application, conditions set out in Exhibit “B”, and all applicable local or state statutes, ordinances or regulations are complied with – see attached. (LAID OVER TO THE MARCH 19, 2019 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS) A. Planning Board and Planning Department recommend approval – see attached. PLANNING ORDINANCES ON SECOND READING WITH PLANNING BOARD ATTACHMENTS 54. ORD. 41749 – An ordinance to rezone property located at 6027 Holmes Street from DR- Development Reserve District to R5-Urban Family Residential District – (First Reading February 26, 2019; Second Reading March 5, 2019; Third Reading, Public Hearing and Vote March 12, 2019) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 55. ORD. 41750 – An ordinance to rezone property located at 8040 West Dodge Road and 8319 Chicago Street from LO-Limited Office District and CC-Community Commercial District to CC-Community Commercial District (portion of the property is located wit hin an ACI-2(65) Overlay District) – (First Reading February 26, 2019; Second Reading March 5, 2019; Third Reading, Public Hearing and Vote March 12, 2019) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 56. ORD. 41751 – An ordinance to amend the boundaries of the ACI-2(65) district of the Area of Civic Importance Overlay District, to incorporate into that district the property located at 8040 West Dodge Road and 8319 Chicago Street – (First Reading February 26, 2019; Second Reading March 5, 2019; Third Reading, Public Hearing and Vote March 12, 2019) – see attached. A. Planning Board and Planning Department recommend approval – see attached. - 21 - RESOLUTION 57. RES. 2019-207 – Res. that, the Millwork Commons Redevelopment Project Plan, for the redevelopment plan area generally bounded by Seward Street on the north, 11th Street on the east, Nicholas and Izard Streets on the south and the mid-block point between 13th and 14th Streets on the west, including public right-of-way and the right-of-way of adjacent public streets, which proposes the redevelopment of several buildings within the redevelopment plan area for office, retail, multi-family and mixed-use purposes, undertaken in several phases, recommends the City’s participation through redevelopment bond funds and public improvements, as required, as analyzed and determined to be in conformance with the Community Development Law and as recommended by the City Planning Department, be and hereby is approved – see attached. (LAID OVER TO THE MARCH 19, 2019 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING) SPECIAL USE PERMIT 58. RES. 2019-170 – Res. that, the Special Use Permit application submitted by Slosburg Company, for a Special Use Permit to allow General office, Consumer convenience services, General retail sales, Personal services, and Restaurant (limited) in a R7- Medium Density Multiple Family Residential District, located at 1919 Papillion Parkway, Omaha, Nebraska, is hereby approved. The Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the referenced application, conditions set out in Exhibit “B”, and all applicable local or state statutes, ordinances or regulations are complied with. 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. (LAID OVER TO THE MARCH 12, 2019 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS) A. Planning Board and Planning Department recommend approval – see attached. ORDINANCES ON FIRST READING 59. ORD. 41764 – An ordinance to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Deputy Director – Police Technical and Reporting Services with a salary range of 37 AEC ($132,591 - $157,088); to repeal Section 23-177 as heretofore existing – (First Reading March 5, 2019; Second Reading and Public Hearing March 12, 2019; Third Reading March 19, 2019) – see attached. A. Personnel Board recommends approval. 60. ORD. 41765 – An ordinance requested by Councilmembers Ben Gray and Chris Jerram to adopt a new Article II of Chapter 48 of the Omaha Municipal Code, entitled “Rental Dwelling Registration and Inspection”; to provide for the required registration of all residential rental dwellings as defined herein; to provide for a program of inspections of all residential rental dwellings – (First Reading March 5, 2019; Second Reading and Public Hearing March 12, 2019; Third Reading March 19, 2019) – see attached. - 22 - 61. ORD. 41766 – An ordinance requested by Councilmember Brinker Harding to adopt a new Article II of Chapter 48 of the Omaha Municipal Code, entitled “Rental Property Registration and Inspection”; to provide for the required registration of all residential rental properties; to provide for a program of inspections of residential rental properties with recent history of code violations – (First Reading March 5, 2019; Second Reading and Public Hearing March 12, 2019; Third Reading March 19, 2019) – see attached. 62. ORD. 41767 – An ordinance requested by Mayor Jean Stothert to adopt a new Article II of Chapter 48 of the Omaha Municipal Code, entitled “Rental Property Registration and Inspection”; to provide for the required registration of all residential rental properties; to provide for a program of inspections of all residential rental properties in phases – (First Reading March 5, 2019; Second Reading and Public Hearing March 12, 2019; Third Reading March 19, 2019) – see attached. THE FOLLOWING ARE COMMUNICATIONS RECEIVED FOR ITEMS 60-62 A. Communications received in support – see attached. B. Communications received in opposition – see attached. EXECUTIVE SESSION 63. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation. ADJOURNMENT MOTION by Festersen, SECOND by Gray that the meeting be adjourned ROLL CALL: Yeas: Festersen, Harding, Jerram, Melton, Pahls, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 MEETING ADJOURNED AT: 3:57 P.M. I, ELIZABETH BUTLER, 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 Counc il of the City of Omaha held on March 5, 2019. WITNESS: CITY CLERK: s/Talia Smith s/Elizabeth Butler _________________________________ ___________________________________ Talia Smith, Senior Administrative Clerk Elizabeth Butler