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2017-06-20jWHENEVER 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 M ATERIAL INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVES TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. CITY OF OMAHA 18TH REGULAR CITY COUNCIL MEETING JUNE 20, 2017 THE CITY COUNCIL met in Regular Session on Tuesday, June 20, 2017 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 Ben Gray. ROLL CALL 1. City Clerk calls the roll CCID # 788 - Present: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President 2. Pledge of Allegiance 3. Invocation by Councilmember Chris Jerram of District No. 3 CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on June 16, 2017, notice of the Pre-Council and Regular City Council Meetings, June 20, 2017. CCID # 789 - From Chair on File 5. A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. - 2 - ZONING ORDINANCES ON FINAL READING AND PLANNING BOARD ATTACHMENTS 6. ORD. 41163 – An ordinance to rezone the property located at 720 Pacific Street from RR-Railroad District to CBD-Central Business District – (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41163 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41163 - From Chair on File 7. ORD. 41164 – An ordinance to rezone the property located northeast of 20th and Izard Streets from DS-Downtown Service District to CBD-Central Business District - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Larry Jobeun, 11440 West Center Road, Attorney for the applicant, appeared and spoke. Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41164 - PASSED 7-0 8. ORD. 41165 – An ordinance to amend the boundaries of the ACI-1(PL)-Area of Civic Importance Overlay District, to incorporate into that district the property located northeast of 20th and Izard Streets; and, to provide for an effective date – (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Larry Jobeun, 11440 West Center Road, Attorney for the applicant, appeared and spoke. - 3 - Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41165 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41165 - From Chair on File 9. ORD. 41166 – An ordinance to amend the boundaries of the NCE-C Neighborhood Conservation and Enhancement Overlay District, to incorporate into that district the properties located at 2503, 2505, 2509, 2515 and 2519 South 20th Avenue; and, to provide for an effective date - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Jerram that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41166 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41166 - From Chair on File 10. ORD. 41167 – An ordinance to rezone property located east of 204th Street and north of Blondo Parkway from R4-Single-Family Residential District (High Density) to R4-Single- Family Residential District (High Density) - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Larry Jobeun, 11440 West Center Road, Attorney for the applicant OPPONENT: Jim Tollefson, 20221 Pearl Circle, Elkhorn, Nebraska NEUTRAL: Mark Welsch, 5611 Howard Street Motion by Melton that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41167 - PASSED 7-0 - 4 - A. Planning Board and Planning Department recommend approval – see attached. # 41167 - From Chair on File 11. Res. that, the plat entitled The Villas of Piney Creek Replat 1, located east of 204th Street and north of Blondo Parkway, is hereby approved and accepted – (Outside City Limits) – (This item was held over from the June 6, 2017 City Council meeting) – CCID 691 – see attached. (PUBLIC HEARING AND VOTE TODAY) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Larry Jobeun, 11440 West Center Road, Attorney for the applicant OPPONENT: Jim Tollefson, 20221 Pearl Circle, Elkhorn, NE NEUTRAL: Mark Welsch, 5611 Howard Street Motion by Melton that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 691 - ADOPTED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 691 - From Chair on File 12. Res. that, the First Amendment to Subdivision Agreement among the City of Omaha, Real Growth, LLC, a Nebraska limited liability company, the Villas of Piney Creek Homeowners Association, a Nebraska non-profit corporation, and Sanitary and Improvement District (S.&I.D.) 573 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as The Villas of Piney Creek Replat 1 (Lots 1-12) and is located east of 204th Street and north of Blondo Parkway – (This item was held over from the June 6, 2017 City Council meeting) – CCID 710 – see attached. (PUBLIC HEARING AND VOTE TODAY) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Larry Jobeun, 11440 West Center Road, Attorney for the applicant OPPONENT: Jim Tollefson, 20221 Pearl Circle, Elkhorn, Nebraska NEUTRAL: Mark Welsch, 5611 Howard Street Motion by Melton that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 710 - ADOPTED 7-0 A. Photos submitted by Jim Tollefson in opposition to the subdivision agreement for The Villas of Piney Creek Replat 1 – see attached. # 710 – From Chair on File - 5 - 13. ORD. 41177 – An ordinance to rezone property located northwest of 31st and Mason Streets from R4-Single-Family Residential District (High Density) and R6-Low-Density Multiple-Family Residential District to R6-Low-Density Multiple-Family Residential District - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Steven Held, Uptown Properties, 11506 Nicholas Street, appeared and spoke. Motion by Jerram that the Ordinance be passed Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41177 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41177 - From Chair on File 14. ORD. 41178 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay District in a R6-Low-Density Multiple-Family Residential District, located northwest of 31st and Mason Streets, to approve the Development Plan; and, to provide for an effective date - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Steven Held, Uptown Properties, 11506 Nicholas Street, appeared and spoke. Motion by Jerram that the Ordinance be passed Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41178 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41178 - From Chair on File 15. Res. that, the preliminary plat entitled 31 Mason Southwest Replat 1, located northwest of 31st and Mason Streets, with a request for a waiver of Section 53-8(4)(a) of the Omaha Municipal Code for lot depth, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – (Inside City Limits) – (This item was held over from the June 6, 2017 City Council meeting for publication and public hearing) – CCID 719 – see attached. (PUBLIC HEARING AND VOTE TODAY) Steven Held, Uptown Properties, 11506 Nicholas Street, appeared and spoke. - 6 - Motion by Jerram that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 719 - ADOPTED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 719 - From Chair on File 16. Res. that, the replat transmitted herewith entitled 31 Mason Southwest Replat 1, located northwest of 31st and Mason Streets, is hereby approved, and concurrently a portion of the existing plats entitled 31 Mason West, 31 Mason Southwest 1 and Clifton Place, and described on said replat, are hereby vacated – (Inside City Limits) – (This item was held over from the June 6, 2017 City Council meeting for publication and public hearing) – CCID 720 – see attached. (PUBLIC HEARING AND VOTE TODAY) Steven Held, Uptown Properties, 11506 Nicholas Street, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 720 - ADOPTED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 720 - From Chair on File 17. Res. that, the Subdivision Agreement among the City of Omaha, Uptown Properties, LLC, a Nebraska limited liability company, and the Leavenworth Rows Upper West End Homeowners Association, as recommended by the Mayor, providing for sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as 31 Mason Southwest Replat 1 (Lots 1-26 and Outlots A-C) and is located northwest of 31st and Mason Streets – (This item was held over from the June 6, 2017 City Council meeting) – CCID 708 – see attached. (PUBLIC HEARING AND VOTE TODAY) Steven Held, Uptown Properties, 11506 Nicholas Street, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 708 - ADOPTED 7-0 - 7 - 18. ORD. 41179 – An ordinance to rezone property located northwest of 192nd and Sahler Streets from AG-Agricultural District to DR-Development Reserve District - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Harding that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41179 - PASSED 7-0 19. ORD. 41180 – An ordinance to rezone property located northwest of 192nd and Sahler Streets from AG-Agricultural District to R4-Single Family Residential District (High Density) - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Harding that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41180 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41180 - From Chair on File 20. Res. that, the plat entitled Indian Pointe West (Lots 1-8 and Outlot A), located northwest of 192nd and Sahler Streets, is hereby approved and accepted – (Outside City Limits) – (This item was held over from the June 6, 2017 City Council meeting) – CCID 721 – see attached. (PUBLIC HEARING AND VOTE TODAY) Motion by Harding that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 721 - ADOPTED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 721 - From Chair on File - 8 - 21. Res. that, the Subdivision Agreement among the City of Omaha, FRK Development, LLC, a Nebraska limited liability company, The Indian Pointe Homeowners Association, Inc., a Nebraska non-profit corporation, 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 West (Lots 1-8 and Outlot A) and is located northwest of 192nd and Sahler Streets – (This item was held over from the June 6, 2017 City Council meeting) – CCID 709 – see attached. (PUBLIC HEARING AND VOTE TODAY) Motion by Harding that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 709 - ADOPTED 7-0 22. ORD. 41182 – An ordinance to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located northeast of 60th and F Streets; and, to provide for an effective date - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Melton that the Ordinance be passed Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41182 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41182 - From Chair on File 23. Res. that, the preliminary plat entitled Omaha Bedding, located northeast of 60th and F Streets, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – (Inside City Limits) – (This item was held over from the June 6, 2017 City Council meeting for publication and public hearing) – CCID 693 – see attached. (PUBLIC HEARING AND VOTE TODAY) Motion by Melton that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 693 - ADOPTED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 693 - From Chair on File - 9 - 24. Res. that, the replat transmitted herewith entitled Omaha Bedding, located northeast of 60th and F Streets, is hereby approved, and concurrently a portion of the existing plat entitled Spring Valley Industrial Park Replat Ten, and described on said replat, is hereby vacated – (Inside City Limits) – (This item was held over from the June 6, 2017 City Council meeting for publication and public hearing) – CCID 694 – see attached. (PUBLIC HEARING AND VOTE TODAY) Motion by Melton that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 694 - ADOPTED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 694 - From Chair on File 25. ORD. 41181 – An ordinance to rezone the property located southwest of 70th and Oak Streets from R7-Medium-Density Multiple-Family Residential District to R8-High-Density Multiple-Family Residential District - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. John Coolidge, Lamp, Rynearson and Associates, 14710 West Dodge Road, appeared and spoke. Motion by Jerram that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41181 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41181 - From Chair on File 26. ORD. 41173 - An ordinance to rezone the property located northeast of 38th Avenue and Harney Street from GC-General Commercial District to NBD-Neighborhood Business District (property is also located within an existing ACI-1(PL)-Area of Civic Importance Overlay District) - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Matt Dwyer, GreenSlate Development, 3814 Harney Street, appeared and spoke. - 10 - Motion by Jerram that the Ordinance be passed Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41173 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41173 - From Chair on File 27. ORD. 41174 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay District in a NBD-Neighborhood Business District (property is also located within an existing ACI-1(PL)-Area of Civic Importance Overlay District), located northeast of 38th Avenue and Harney Street, to approve the Development Plan; and, to provide for an effective date - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Matt Dwyer, GreenSlate Development, 3814 Harney Street, appeared and spoke. Motion by Jerram that the Ordinance be passed Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41174 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41174 - From Chair on File 28. ORD. 41175 – An ordinance to rezone property located northwest of 168th and Ida Streets from AG-Agricultural District to DR-Development Reserve District - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Larry Jobeun, 11440 West Center Road, Attorney for the applicant Kyle Vohl, E & A Consulting Group, Inc., 10909 Mill Valley Road FOR THE CITY: Bob Stubbe, Public Works Director Dave Fanslau, Planning Director Paul Kratz, City Attorney - 11 - Motion by Melton that the Ordinance be passed Seconded by Pahls ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41175 - PASSED 7-0 29. ORD. 41176 – An ordinance to rezone property located northwest of 168th and Ida Streets from AG-Agricultural District to R4-Single-Family Residential District (High Density) - (First Reading was held on June 6, 2017; Second Reading was held on June 13, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of public hearing on June 20, 2017 published in the Daily Record on June 6, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Larry Jobeun, 11440 West Center Road, Attorney for the applicant Kyle Vohl, E & A Consulting Group, Inc., 10909 Mill Valley Road FOR THE CITY: Bob Stubbe, Public Works Director Dave Fanslau, Planning Director Paul Kratz, City Attorney Motion by Melton that the Ordinance be passed Seconded by Pahls ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41176 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41176 - From Chair on File 30. Res. that, the revised preliminary plat entitled Anchor Pointe (Lots 84-215 and Outlots G- O), located northwest of 168th and Ida Streets, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – (Outside City Limits) – (This item was held over from the June 6, 2017 City Council meeting) – CCID 717 – see attached. (PUBLIC HEARING AND VOTE TODAY) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Larry Jobeun, 11440 West Center Road, Attorney for the applicant Kyle Vohl, E & A Consulting Group, Inc., 10909 Mill Valley Road FOR THE CITY: Bob Stubbe, Public Works Director Dave Fanslau, Planning Director Paul Kratz, City Attorney Motion by Melton that the Resolution be adopted Seconded by Pahls ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 717 - ADOPTED 7-0 - 12 - A. Planning Board and Planning Department recommend approval – see attached. # 717 - From Chair on File 31. Res. that, the plat entitled Anchor Pointe (Lots 84-215 and Outlots G-O), located northwest of 168th and Ida Streets, is hereby approved and accepted – (Outside City Limits) - (This item was held over from the June 6, 2017 City Council meeting) – CCID 718 – see attached. (PUBLIC HEARING AND VOTE TODAY) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Larry Jobeun, 11440 West Center Road, Attorney for the applicant Kyle Vohl, E & A Consulting Group, Inc., 10909 Mill Valley Road FOR THE CITY: Bob Stubbe, Public Works Director Dave Fanslau, Planning Director Paul Kratz, City Attorney Motion by Melton that the Resolution be adopted Seconded by Pahls ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 718 - ADOPTED 7-0 B. Planning Board and Planning Department recommend approval – see attached. # 718 - From Chair on File 32. Res. that, the Subdivision Agreement among the City of Omaha, Anchor Pointe Development, LLC, a Nebraska limited liability company, The Anchor Pointe Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 204567 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 Anchor Pointe (Lots 84-215 and Outlots G-O) and is located northwest of 168th and Ida Streets – (This item was held over from the June 6, 2017 City Council meeting) – CCID 711 – see attached. (PUBLIC HEARING AND VOTE TODAY) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Larry Jobeun, 11440 West Center Road, Attorney for the applicant Kyle Vohl, E & A Consulting Group, Inc., 10909 Mill Valley Road FOR THE CITY: Bob Stubbe, Public Works Director Dave Fanslau, Planning Director Paul Kratz, City Attorney Resolution read Motion by Melton that the Resolution be ADOPTED AS AMENDED Seconded by Pahls ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 711 – ADOPTED AS AMENDED 7-0 - 13 - A. Amendment requested by Councilmember Melton. # 711 - Motion by Melton that the Amendment be approved Seconded by Pahls ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President Motion Carried 7-0 RESOLUTION FOR PRELIMINARY PLAT 33. Res. that, the preliminary plat entitled Beverly Hills Replat 9, located southeast of 84th Street and West Dodge Road, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – (Inside City Limits) – (This item was held over from the June 6, 2017 City Council meeting for publication and public hearing) – CCID 722 – see attached. (PUBLIC HEARING AND VOTE TODAY) Motion by Melton that the Resolution be withdrawn Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President Motion Carried 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 722 - From Chair on File B. Request to withdraw the Resolution by the attorney for the applicant, Troy F. Meyerson – see attached. # 722 - From Chair on File SPECIAL USE PERMIT – DAY CARE SERVICES (GENERAL) 34. Res. that, the Special Use Permit application submitted by Sonya Tipler for a Special Use Permit to allow Day Care services (general) in a R4-Single-Family Residential District (High Density), located at 6978 North 88th Avenue, 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 – (This item was held over from the June 6, 2017 City Council meeting for publication and public hearing) – CCID 723 – see attached. (PUBLIC HEARING AND VOTE TODAY) Sonya Tipler, 6978 North 88th Avenue, appeared and spoke. - 14 - Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 723 - ADOPTED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 723 - From Chair on File LIQUOR 35. Class “C” Liquor License Application – The Emsick Crew, LLC, dba “Paddy McGown’s Pub & Grill”, 4503 Center Street. This is a new application for a new location. Notice was posted on the property on 06/06/17; Notification was sent to property owners within 500 feet on 06/08/17 – CCID 791 – see attached. (PUBLIC HEARING AND VOTE TODAY) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Dan Emsick, 2915 Castelar Street Lisa Emsick, 2915 Castelar Street Motion by Jerram that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 791 - ADOPTED 7-0 CONSENT AGENDA (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.) (The public hearings on Agenda Item Nos. 36 to 46 were held on June 13, 2017.) CONSENT AGENDA – ORDINANCES 36. ORD. 41171 – An ordinance vacating a portion of the east/west alley adjacent to South 31st Street between Mason and Marcy Streets extending 100 feet to the west of a previously vacated portion of said alley and abutting Lots 4-5, Block 0, Clifton Place and Lots 4-5, Block 0, Housel & Stebbins Subdivision Lot 14, as surveyed, platted and recorded in Douglas County, Nebraska lying in the Southwest 1/4 of Section 21, Township 15, Range 13; providing for the reversion or transfer of the same; and, providing the effective date hereof – (Inside City Limits) - (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. - 15 - Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41171 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41171 - From Chair on File 37. ORD. 41168 – An ordinance to designate the Joel N. Cornish Residence, located at 1009 William Street, as a landmark pursuant to the Landmark Heritage Preservation Ordinance of the City of Omaha - (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41168 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41168 - From Chair on File 38. ORD. 41169 - An ordinance to designate the Bishop George Worthington Residence, located at 1240 South 10th Street, as a landmark pursuant to the Landmark Heritage Preservation Ordinance of the City of Omaha - (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41169 - PASSED 7-0 A. Planning Board and Planning Department recommend approval – see attached. # 41169 - From Chair on File - 16 - 39. ORD. 41158 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classifications entitled Traffic Signal Supervisor I with a salary range of 14.1 MC ($54,016.00-$65,287.00) and Traffic Signal Supervisor II with a salary range of 15.2 MC ($55,531.00-$67,871.00); to repeal Section 23 - 177 as heretofore existing; and, to provide the effective date hereof - (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41158 - PASSED 7-0 40. ORD. 41159 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Assistant Visitor Services Manager with a salary range of 7.1 MC ($41,197.00- $49,850.32); to repeal Section 23 - 177 as heretofore existing; and, to provide the effective date hereof – (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41159 - PASSED 7-0 41. ORD. 41161 – An ordinance to approve an agreement between the City of Omaha and the Women’s Center for Advancement in the amount of one hundred sixty-three thousand, nine hundred ninety-four and No/100 dollars ($163,994.00); to authorize funding for such agreement from the City of Omaha’s FY 2016 Improving Criminal Justice Reponses to Sexual Assault, Domestic Violence and Stalking Grant Program (ICJR), Award #2016-WE-AX-0041, awarded by the Office on Violence Against Women (OVW); to provide funding of one (1) full-time Victim Advocate and one (1) part-time Victim Advocate; 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 - (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. - 17 - Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41161 - PASSED 7-0 42. ORD. 41162 – An ordinance to approve an agreement between the City of Omaha and the Douglas County Board of Commissioners, Douglas County Administrative Office in the amount of one hundred ninety-two thousand, two hundred seventy-four and No/100 dollars ($192,274.00); to authorize funding for such agreement from the City of Omaha’s FY 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, Award #2016-DJ-BX-0918, awarded by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; to provide funding for law enforcement equipment, corrections crisis intervention team training, prosecutor programs, and technology improvements and training; 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 - (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41162 - PASSED 7-0 43. ORD. 41172 – An ordinance transferring funds from unencumbered balances in the 2016 General Fund Budget of the City of Omaha in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended; and, to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended (2016 Year-End Closing) - (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41172 - PASSED 7-0 - 18 - 44. ORD. 41183 – An ordinance approving a redevelopment and tax increment financing loan agreement between the City of Omaha, a Nebraska municipal corporation in Douglas County, Nebraska, and Vecino Natural Bridge, LLC, a Missouri limited liability company, to implement the Muse Tax Increment Financing (TIF) Redevelopment Project Plan, for a project site located northeast of 20th and Izard Streets which proposes a newly constructed, 4-story, approximately 195,440 square foot multi-family, student housing structure consisting of approximately 239 units, approximately 5,000 square feet of commercial space, and approximately 278 parking stalls; the agreement authorizes the use of up to five million, four hundred six thousand, six hundred eighty-four and No/100 dollars ($5,406,684.00) in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and, providing for an effective date - (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41183 - PASSED 7-0 45. ORD. 41185 – An ordinance declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 1414, 1418 and 1424 Sherwood Avenue, 1725 Lake Street and 2629 North 15th 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 2015 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 Sandra Brunken, P.O. Box 1001, Frederick, Maryland 21702, and Kathy Turner, 2503 North 16th Street, Apartment 8, Omaha, Nebraska 68110, to acquire the property for the sum of thirty-one thousand, five hundred ninety-five and No/100 dollars ($31,595.00) is approved; project costs will be paid from Community Development Block Grant, Fund 12186, Organization No. 128072, Project No. 4793, Task 10.1497, Award 100276; and, to provide the effective date hereof – (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41185 - PASSED 7-0 - 19 - 46. ORD. 41186 – An ordinance declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located within the North Revitalization Strategy Area, and legally described in the attached donation agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2016 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 Dan Brewer, Managing Member of Habitat for Humanity of Omaha, Inc., 1701 North 24th Street, Omaha, Nebraska 68110, to acquire the property by donation, is approved; and, to provide the effective date hereof – (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41186 - PASSED 7-0 (MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 47 through 58 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 47. Res. that, the Interlocal Cooperation Agreement between the City of Omaha and Sanitary and Improvement District (S.&I.D.) 559 of Douglas County, Nebraska, as recommended by the Mayor, providing for the construction of a sanitary interceptor sewer in conformance with the Sanitary Interceptor Sewer Element of the City’s Master Plan, is hereby approved. The total cost of the interceptor sewer, currently estimated at $1,927,460.00, shall be paid from the Interceptor Sewer Construction, Organization 116921, Fund 12133 – CCID 790 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 790 - ADOPTED 7-0 - 20 - 48. Res. that, as recommended by the Mayor, the Professional Services Agreement with Giff Property Services to provide professional services for OPW 50677, also known as MAPA-5127(1), CN 22376, being the 156th Street – Pepperwood Drive to Corby Street Project, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $98,785.00, which will be paid as a part of the 2017-2022 Capital Improvement Program Transportation Project 408 from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117 – CCID 798 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 798 - ADOPTED 7-0 49. Res. that, as recommended by the Mayor, the Professional Services Agreement with John A. Moran & Associates, LLC to provide professional services for OPW 50677, also known as MAPA-5127(1), CN 22376, being the 156th Street – Pepperwood Drive to Corby Street Project, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $94,185.00 which will be paid as a part of the 2017-2022 Capital Improvement Program Transportation Project 408 from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117 – CCID 797 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 797 - ADOPTED 7-0 50. Res. that, as recommended by the Mayor, the Professional Services Agreement with Olsson Associates to provide professional services on OPW 52828, being the Oakbrook Channel Stabilization Project, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $90,463.00 from the 2014 Environment Bond Fund 13124, Environmental Bonds Organization 117217, year 2017 expenditures – CCID 795 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 795 - ADOPTED 7-0 51. Res. that, as recommended by the Mayor, the Professional Services Agreement with Stevens Real Estate to provide professional services for OPW 50677, also known as MAPA-5127(1), CN 22376, being the 156th Street – Pepperwood Drive to Corby Street Project, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $60,600.00 which will be paid as a part of the 2017-2022 Capital Improvement Program Transportation Project 408 from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117 – CCID 796 – see attached. - 21 - Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 796 - ADOPTED 7-0 52. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Aspen Equipment for the purchase of five (5) Truck-Mounted Brine Distribution Systems on Roll Off “A” Frames to be utilized by the Street Maintenance Division in the amount of $106,572.00; and that, the Finance Department is authorized to pay the cost of this purchase from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2017 expenditures – CCID 793 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 793 - ADOPTED 7-0 53. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Logan Contractors Supply, Incorporated for five (5) concrete saws to be utilized by the Street Maintenance Division in the amount of $122,525.00; and that, the Finance Department is authorized to pay the cost of this purchase from the Street And Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2017 expenditures – CCID 794 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 794 - ADOPTED 7-0 54. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Environmental Restoration, LLC for the 2420 Binney Street, 3118 North 24th Street and 2857 and 2867 Manderson Street City of Omaha Soil Remediation Program Project; and that the Finance Department is authorized to pay $36,000.00 from the City of Omaha - U.S. EPA· Cooperative Agreement Assistance ID No. V-97748601 out of Lead Hazard Fund 12136,' Organization 128104 – CCID 808 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 808 - ADOPTED 7-0 - 22 - 55. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Environmental Restoration, LLC for the 2502 Hanscom Blvd., 3706 Ohio Street, 3806 Miami Street and 4002 Parker Street City of Omaha Soil Remediation Program Project; and that the Finance Department is authorized to pay $36,000.00 from the City of Omaha - U.S. EPA Cooperative Agreement Assistance ID No. V- 97748601 out of Lead Hazard Fund 12136, Organization 128104 – CCID 809 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 809 - ADOPTED 7-0 56. Res. that, the Resolution No. 425, passed April 5, 2016 by the City Council, is hereby rescinded immediately in its entirety; and that, the attached Agreement, as recommended by the Mayor, between the City of Omaha and the Housing Authority of the City of Omaha, 1805 Harney Street, Omaha, Nebraska, 68102, in the amount of $320,605.57 (comprised of $110,605.57 in FY 2014 HOME Funds and $210,000.00 in FY 2015 HOME Funds), which will assist a minimum of 50 low-income households including households from transitional programs for homeless persons and programs for persons with disabilities, for the period from February 1, 2017 through July 31, 2018, is hereby approved. Rental assistance payments totaling $320,605.57 shall be paid from Fund No. 12179, Organization No. 128071 – CCID 799 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 799 - ADOPTED 7-0 57. Res. that, as recommended by the Mayor, the bid of Executive Air Taxi Corporation in the amount of $22,981.90, which represents the cost for a main rotor yoke for the Omaha Police Department Air Support Unit Bell 206B3 helicopter, being the only bid received, which is incorporated herein by this reference, is hereby accepted and the same hereby approved; and that, the Finance Department of the City of Omaha is authorized to pay the cost of the rotor yoke from the Omaha Police Department Year 2017, General Fund 11111, Organization 113182 Air Support Unit, Account 43253 Aviation Parts – CCID 792 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 792 - ADOPTED 7-0 - 23 - 58. Res. that, as recommended by the Mayor, payment to Keystone Turbine Services in the amount of $52,234.90, for the additional work for the overhaul of one engine for the Omaha Police Department Air Support Unit, is hereby accepted and the same hereby approved; and that the Finance Department of the City of Omaha is authorized to pay $52,234.90 of the cost of the overhaul from General Fund 11111, Organization 113182 Air Support Unit, Account 43253 Aviation Parts – CCID 786 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Harding ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President RESOLUTION # 786 - ADOPTED 7-0 (MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED) * * * * * * * * * * * * * * ORDINANCES ON FINAL READING 59. ORD. 41170 – An ordinance to provide for approving a contract, involving appropriations for more than one year in conformity with Section 5.17 of the Home Rule Charter, with Elavon, Inc., for merchant card services; and, to provide for the effective date hereof - (First Reading was held on June 6, 2017; Second Reading and Public Hearing was held on June 13, 2017) – see attached. Notice of public hearing on June 13, 2017 published in the Daily Record on June 9, 2017. Ordinance passed on June 20, 2017 published in the Daily Record on June 28, 2017. Ordinance read Motion by Jerram that the Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President ORDINANCE # 41170 - PASSED AS AMENDED 7-0 A. Amendment requested by the Finance Department – see attached. # 41170 - Motion by Jerram that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President Motion Carried 7-0 COUNCIL PRESIDENT GRAY LEAVES THE LEGISLATIVE CHAMBERS COUNCIL PRESIDENT GRAY RE-ENTERS THE LEGISLATIVE CHAMBERS - 24 - ORDINANCE ON SECOND READING 60. ORD. 41188 – An ordinance providing for the designation of an Enhanced Employment Area; the levy of a general business occupation tax as requested by the property owner(s) of the Capitol District; providing for the administration, imposition and collectio n of such occupation tax; specifying how such tax revenue will be used; and related matters – (First Reading was held on June 13, 2017; Third Reading will be held on June 27, 2017) – see attached. (PUBLIC HEARING TODAY) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Larry Jobeun, 11440 West Center Road, Attorney for the applicant Mike Moylan, Shamrock Development, 1111 North 13th Street FOR THE CITY: Cassie Paben, Mayor’s Office Paul Kratz, City Attorney ORD # 41188 – Public hearing was held today – Final reading set for June 27, 2017 as per City Charter requirements. BID REJECTION APPEALS 61. Mr. John Berglund, representing KenBrooke Roofing, Inc., appeals the rejection of their bid of May 10, 2017 for the “OPW 53137 Fire Station #30 App Bay Re-Roof” Project – CCID 807 – see attached. (MOTION NEEDED TO ALLOW OR DENY THE APPEAL, IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: John Berglund, KenBrooke Roofing, Inc., 706 Fleetwood Drive, Papillion, Nebraska FOR THE CITY: Heather Tippey Pierce, Public Works Department Paul Kratz, City Attorney CCID # 807 – Motion by Jerram that the appeal be denied Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President Motion Carried 7-0 62. Mr. Jose S. Puentes, representing JBP Concrete & Construction, LLC, appeals the rejection of their bid of May 17, 2017 for the “Florence Library/Community Center Parking Lot Improvements” Project – CCID 806 – see attached. (MOTION NEEDED TO ALLOW OR DENY THE APPEAL, IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Jose S. Puentes, JBP Concrete & Construction, LLC, 2308 Q Street Winsley Durand, REACH Program, 1301 Harney Street Robert Penn, 5326 Hanover Circle - 25 - FOR THE CITY: Brook Bench, Parks and Recreation Director Heather Tippey Pierce, Public Works Department Ryan Wiesen, Assistant City Attorney Paul Kratz, City Attorney Spencer Danner, Human Rights and Relations Director CCID # 806 – Motion by Jerram that the appeal be denied Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President Motion Carried 7-0 PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARING ON AGENDA ITEM NO. 63 SHALL BE HELD ON THE SECOND READING ORDINANCE ON FIRST READING 63. ORD. 41189 – An ordinance to accept the bid of PGM Service Corporation in the annual amount of $10,723.00, involving appropriations of more than one year as provided in Section 5.17 of the Home Rule Charter, to provide grounds maintenance services at various police facilities for the period of one year with the option to extend for one year at the same bid price, with a maximum of two one-year extensions; to authorize the Finance Department to make payments from a specified account to PGM Service Corporation for the cost of grounds maintenance services in accordance with the bid; and, to provide an effective date - (Second Reading and Public Hearing will be held on June 27, 2017; Third Reading will be held on July 11, 2017) – see attached. ORD # 41189 – Publication to be made and public hearing to be held on June 27, 2017 as per City Charter requirements. * * * * * * * * * * * * * - 26 - EXECUTIVE SESSION 64. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation. Motion by Jerram that the meeting be adjourned Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Palermo, Festersen, Harding, Jerram, Mr. President Motion Carried 7-0 ADJOURNED: 4:22 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 Council of the City of Omaha held on June 20, 2017. WITNESS: s/Sherri Brown s/Elizabeth Butler CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 22ND DAY OF JUNE, 2017.