Loading...
2017-09-19j CITY OF OMAHA 28TH REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2017 THE CITY COUNCIL met in Regular Session on Tuesday, September 19, 2017 at 2:00 P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Ben Gray. ____________________________________________________________________________ CALL TO ORDER 1. City Clerk Elizabeth Butler took the Roll Call CCID # 1079 - Present: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President 2. Council President Ben Gray led those present in the Pledge of Allegiance 3. Councilmember Brinker Harding of District No. 6 provided the invocation CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT 4. City Clerk Elizabeth Butler certified publication in the Daily Record, the Official Newspaper of the City of Omaha on September 15, 2017, notice of the Pre-Council and Regular City Council Meetings, September 19, 2017 – CCID # 1080. 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 5. None - 2 - PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS Westbury Creek 6. ORD. 41250 – An ordinance to rezone property located southeast of 216th and “F” Streets from AG-Agricultural District to R4-Single-Family Residential District (High Density). The applicant is Richland Homes, LLC – (First Reading was held on August 29, 2017; Second Reading was held on September 12, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of the public hearing on September 19, 2017 was published in the Daily Record on August 29, 2017. Ordinance as approved on September 19, 2017 published in the Daily Record on September 27, 2017. A. Planning Board and Planning Department recommend approval – see attached. PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. Motion by Harding that ORDINANCE # 41250 be approved Seconded by Melton ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 7. Res. that, the Final Plat entitled Westbury Creek (Lots 1-174, Outlots A-F) (formerly known as 216th and F – East), located southeast of 216th and “F” Streets, is hereby approved and accepted. The applicant is Richland Homes, LLC – Outside City – held over from the August 29, 2017 City Council Meeting for publication and notifications – CCID 1032 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. Motion by Harding that RESOLUTION # 1032 be approved Seconded by Melton ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 - 3 - 8. Res. that, the Subdivision Agreement among the City of Omaha, Richland Homes, LLC, a Nebraska limited liability company, the Westbury Creek Homeowners Association, a Nebraska nonprofit corporation, and Sanitary and Improvement District (S.&I.D.) 578 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 Westbury Creek (Lots 1-174 and Outlots A-F) and is located southeast of 216th and “F” Streets - CCID 1033 – see attached. (PUBLIC HEARING AND VOTE TODAY) PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. Motion by Harding that RESOLUTION # 1033 be approved Seconded by Melton ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 Westbury Farm 9. ORD. 41248 – An ordinance to rezone properties located southwest of 216th and “F” Streets from AG-Agricultural District to DR-Development Reserve District. The applicant is Westbury Farm, LLC – (First Reading was held on August 29, 2017; Second Reading was held on September 12, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of the public hearing on September 19, 2017 was published in the Daily Record on August 29, 2017. Ordinance as approved on September 19, 2017 published in the Daily Record on September 27, 2017. PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. Motion by Harding that ORDINANCE # 41248 be approved Seconded by Melton ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 - 4 - 10. ORD. 41249 – An ordinance to rezone properties located southwest of 216th and “F” Streets from AG-Agricultural District to R4-Single-Family Residential District (High Density). The applicant is Westbury Farm, LLC – (First Reading was held on August 29, 2017; Second Reading was held on September 12, 2017) – see attached. (PUBLIC HEARING AND VOTE TODAY) Notice of the public hearing on September 19, 2017 was published in the Daily Record on August 29, 2017. Ordinance as approved on September 19, 2017 published in the Daily Record on September 27, 2017. A. Planning Board and Planning Department recommend approval – see attached. PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. Motion by Harding that ORDINANCE # 41249 be approved Seconded by Melton ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 11. Res. that, the Final Plat entitled Westbury Farm, located southwest of 216th and “F” Streets, is hereby approved and accepted. The applicant is Westbury Farm, LLC – Outside City – held over from the August 29, 2017 City Council Meeting for publication and notifications – CCID 1031 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. Motion by Harding that RESOLUTION # 1031 be approved Seconded by Melton ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 - 5 - 12. Res. that, the Subdivision Agreement among the City of Omaha, Westbury Farm, LLC, a Nebraska limited liability company, the Westbury Farm Homeowners Association, a Nebraska nonprofit corporation, and Sanitary and Improvement District (S.&I.D.) 577 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 Westbury Farm (Lots 1-279 and Outlots A- I) and is located southwest of 216th and “F” Streets - CCID 1027 – see attached. (PUBLIC HEARING AND VOTE TODAY) PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. Motion by Harding that RESOLUTION # 1027 be approved Seconded by Melton ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEMS 13 AND 14 SHALL BE LAID OVER TWO WEEKS Sagewood Pointe 13. Res. that, the Final Plat entitled Sagewood Pointe (Lots 1-80 and Outlots A-G), located southeast of 180th and Fort Streets, is hereby approved and accepted. The applicant is Celebrity Homes Omaha – Outside City – CCID 1095 – see attached. A. Planning Board and Planning Department recommend approval – see attached. RES # 1095 – Over two weeks to October 3, 2017. 14. Res. that, the Subdivision Agreement among the City of Omaha, Celebrity Homes, Inc., a Nebraska corporation, the Sagewood Pointe Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 582 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, interceptor sewer construction, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The total cost of the interceptor sewer, currently estimated at $2,602,696.00, shall be paid from Interceptor Sewer Construction Organization 116921, Fund 12133. The subdivision is to be known as Sagewood Pointe (Lots 1-80 and Outlets A-F) and is located southeast of 180th and Fort Streets – CCID 1096 – see attached. RES # 1096 – Over two weeks to October 3, 2017. * * * * * * * * * * * * * * - 6 - LIQUOR 15. Class “E” (Entertainment District) Liquor License Application – Marcus Omaha, LLC, dba “Omaha Marriott Downtown at The Capitol District”, 222 North 10th Street . (This is a new application for an old location.) To coincide with the current Class “C/K” Liquor License. Notice was posted on the property on 09/11/17; Notification was sent to property owners within 500 feet on 09/08/17 – CCID 1092 – see attached. (PUBLIC HEARING AND VOTE TODAY) PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Sean Kelley, 2804 South 87th Avenue, Attorney for the applicant OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. Motion by Jerram that RESOLUTION # 1092 be approved Seconded by Festersen ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 16. Fox Den Properties, LLC, dba “Holiday Inn Express & Suites”, 17677 Wright Street, requests permission to appoint Clark Anderson manager of their present Class “I” Liquor License location – CCID 1093 – see attached. (PUBLIC HEARING AND VOTE TODAY) PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Clark W. Anderson, Holiday Inn Express & Suites, 17677 Wright Street OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. CCID # 1093 - Motion by Harding that the request be approved Seconded by Melton ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 17. Suji’s Restaurant Group, LLC, dba “Suji’s Korean Grill”, 1303 South 72nd Street, Suites 101 & 102, requests permission to appoint Suji Park manager of their present Class “I” Liquor License location – CCID 1094 – see attached. (PUBLIC HEARING AND VOTE TODAY) - 7 - PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Randy Eshelman, 3220 Farnam Street, Suite 2604 OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. CCID # 1094 - Motion by Jerram that the request be approved Seconded by Festersen ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 18. DVN, Inc., dba “Ko Zee Lounge”, 5813 North 60th Street, requests permission for a Special Designated License for an outdoor band on September 30, 2017 from 8:00 P.M. to 12:00 Midnight with music until 12:00 Midnight – CCID 1099 – see attached. (PUBLIC HEARING AND VOTE TODAY) PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Nick Brown, Ko Zee Lounge, 5813 North 60th Street OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. CCID # 1099 - Motion by Festersen that the request be approved Seconded by Harding ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 - 8 - 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 19 and 20 were held on September 12, 2017. CONSENT AGENDA – ORDINANCES Motion by Melton that the CONSENT AGENDA – ORDINANCES be approved: Item # 19 ORDINANCE # 41246; and, Item # 20 ORDINANCE # 41247; Seconded by Festersen ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 19. ORD. 41246 – 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 Omaha Hotel Partners, LLC, a Missouri limited liability company, to implement the Cambria Suites Hotel at the Yard Tax Increment Financing (TIF) Redevelopment Project Plan for a project site located at 740 North 14th Street, which proposes an upscale “lifestyle” hotel consisting of 128 rooms, 2,000 square feet of meeting space, various hotel amenities, and 94 surface parking stalls for employees and guests; the agreement authorizes the use of up to $2,237,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and, providing for an effective date – (First Reading was held on August 29, 2017; Second Reading and Public Hearing was held on September 12, 2017) – see attached. Notice of the public hearing on September 12, 2017 was published in the Daily Record on September 1, 2017. Ordinance as approved on September 19, 2017 published in the Daily Record on September 27, 2017. 20. ORD. 41247 – An ordinance to amend certain portions of various special levy ordinances, to remove an assessment on property owned by the City of Omaha located at 3325 North 36th Avenue, in the City of Omaha, Douglas County, Nebraska; and, to provide an effective date thereof – (First Reading was held on August 29, 2017; Second Reading and Public Hearing was held on September 12, 2017) – see attached. Notice of the public hearing on September 12, 2017 was published in the Daily Record on September 1, 2017. Ordinance as approved on September 19, 2017 published in the Daily Record on September 27, 2017. * * * * * * * * * * * * * * - 9 - Council President Gray announced that the public hearings on Agenda Items 21 through 33 are today. He asked that anyone wishing to address the City Council regarding these items to please come to the microphone, indicate the Agenda Item Number being addressed, and to state your name, address, who you are representing, and if you are speaking as a proponent or opponent.) CONSENT AGENDA – RESOLUTIONS PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Tom Kelley, 8820 Arbor Street – Item # 33 OPPONENTS: FOR THE CITY: Lieutenant Jay Leavitt, Omaha Police Department – Item # 32 No one else came forward, and the public hearing was closed. Motion by Melton that the CONSENT AGENDA – RESOLUTIONS be approved: Item # 21 RESOLUTION # 1082; Item # 22 RESOLUTION # 1085; Item # 23 RESOLUTION # 1083; Item # 24 RESOLUTION # 1084; Item # 25 RESOLUTION # 1086; Item # 26 RESOLUTION # 1097; Item # 27 RESOLUTION # 1100; Item # 28 RESOLUTION # 1088; Item # 29 RESOLUTION # 1087; Item # 30 RESOLUTION # 1089; Item # 31 RESOLUTION # 1081; Item # 32 RESOLUTION # 1091; and, Item # 33 RESOLUTION # 1098; Seconded by Jerram ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 21. Res. that, as recommended by the Mayor, Amendment No. 3 to the Professional Services Agreement with CDM Smith, Inc. to provide construction management services for OPW 52472 (CSO), being the Burt Izard Lift Station Improvements Project, is hereby approved; and that, the Finance Department is authorized to pay an additional $1,694,161.00 for these services from the Sewer Revenue Improvements Fund 21124, CSO Control Implementation Organization 116918. Sewer Revenue Bonds will be issued to finance this project – CCID 1082 – see attached. 22. Res. that, as recommended by the Mayor, Change Order No. 2 with Mark VII Enterprises for additional paint work on OPW 52700-D, being the Park One Misc. Upgrades Project, is hereby approved; and that, the Finance Department is authorized to pay an additional sum of $153,170.00 for this change order from the Parking Revenue Fund 21116, Omaha Park One Organization 116243, year 2017 expenditure – CCID 1085 – see attached. 23. Res. that, as recommended by the Mayor, the agreement with OPPD for the relocation of underground distribution facilities as a part of OPW 50677, being the 156th Street – Pepperwood Drive to Corby Street Project, is hereby approved; and that, the Finance Department is authorized to disburse funds from, and reimburse funds to, the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117, year 2017 expenditures, in the estimated amount of $649,127.88 – CCID 1083 – see attached. - 10 - 24. Res. that, as recommended by the Mayor, the agreement with OPPD for the construction of a manhole ductline system as a part of OPW 50677, being the 156th Street – Pepperwood Drive to Corby Street Project, is hereby approved; and that, the Finance Department is authorized to disburse funds from, and reimburse funds to, the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117 in the estimated amount of $832,056.56 – CCID 1084 – see attached. 25. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Mid-American Signal in the amount of $300,000.00 for Wavetronix radar vehicle detection sensors, hardware mountings, and related cabinet equipment to be utilized by the Traffic Maintenance Division; and that, the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Street Improvement Organization 116165, year 2017 expenditures – CCID 1086 – see attached. 26. Res. that, as recommended by the Mayor, the City Council concurs with the bid award to Graham Construction, Inc. for Project STPC-5011(8), State Control No. 22236, and OPW 53115, being improvements to 114th Street – Pacific Street to Burke Street, in the amount of $3,482,946.56, with the City's local share of $696,598.31 being paid from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117, 2017 expenditures, in accordance with the approved program agreement with NDOT for the project; and that, the City Council hereby authorizes the Mayor and City Clerk to sign the construction contract on behalf of the City of Omaha, and that the Mayor and City Clerk are also authorized to sign the attached NDOT documents – CCID 1097 – see attached. 27. Res. that, pursuant to Section 39-1359 R.R.S. Neb., as amended by 2011 Legislative Bill 589, the City of Omaha hereby notifies the State of Nebraska that it accepts the duties imposed by such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney’s fees, that may arise as a result of the special event and temporary use of U.S. Highway 275/NE 92 from 13th Street east to the Iowa border on September 24, 2017, between the hours of 7:15 A.M. and 8:30 A.M., for the entire route of the event, the Heartland Marathon – CCID 1100 – see attached. 28. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Karlyn Co. for the 4302 South 39 Avenue City of Omaha Exterior Paint Stabilization Program Project; and that, the Finance Department is authorized to pay $20,955.00 from the City of Omaha – U.S. EPA Cooperative Agreement Assistance ID No. V-97748601 out of Lead Hazard Fund 12136, Organization 128017 – CCID 1088 – see attached. - 11 - 29. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Environmental Restoration, LLC for the 2028 North 48 Avenue, 2215 Larimore Avenue, 2306 Ellison Avenue, 2316 North 25 Street, 2453 North 45 Avenue, 2715 North 45 Street, 2813 North 15 Avenue, 2905 Pratt Street, 3021 Manderson Street, 3155 Meredith Avenue, 3511 Charles Street, 3518 Hamilton Street, 4809 Saratoga Street, 4922 North 27 Street, 5035 Maple Street City of Omaha Soil Remediation Program Project; and that, the Finance Department is authorized to pay $142,752.26 from the City of Omaha – U.S. EPA Cooperative Agreement Assistance ID No. V-97748601 out of Lead Hazard Fund 12136, Organization 128104 – CCID 1087 – see attached. 30. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Environmental Restoration, LLC for the 522 North 43 Street, 527 South 26 Avenue, 721 Pierce Street, 721 1/2 Pierce Street, 1020 South 52 Street, 1348 South 21 Street, 1909 Vinton Street, 2520 Hanscom Boulevard, 4723 South 17 Street, 5314 Western Avenue, 5503 Dodge Street, 5511 Jackson Street, 305 South 50 Avenue, 810 Worthington Street City of Omaha Soil Remediation Program Project; and that , the Finance Department is authorized to pay $166,082.51 from the City of Omaha – U.S. EPA Cooperative Agreement Assistance ID No. V-97748601 out of Lead Hazard Fund 12136, Organization 128104 – CCID 1089 – see attached. 31. Res. that, as recommended by the Mayor, the bid in the total amount of $40,599.00 from Point Construction and Management to furnish all labor, materials and equipment necessary for the construction of park improvements (including, but not limited to picnic shelter construction, concrete sidewalks, and grading and seeding) located at Grace Young, 6317 Military Avenue, Omaha, being the lowest and best bid received within bid specifications, attached hereto and made a part of hereof, 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 amount of $40,599.00 from the 2014 Parks and Recreation Fund No. 13356, Parks and Cultures Bond Organization No. 117317 – CCID 1081 – see attached. 32. Res. that, as recommended by the Mayor, the bid of MacQueen Emergency Group in the amount of $699,987.00, which represents the bid for a Mobile Command Center, being the best bid received within bid specifications, is hereby accepted and the same hereby approved; and that, the Finance Department of the City of Omaha is authorized to pay $699,987.00 from Fund 12163, Organization 130803 Police Grants, Account 47031 Vehicles Small Law Enforcement Only. This line item will be reimbursed for this purchase by a donation from the Omaha Police Foundation and Equitable Sharing Funds – CCID 1091 – see attached. 33. Res. that, Thomas O. Kelley is hereby appointed by the City Council to the MECA Board of Directors to serve the unexpired term of David Jacobson, who has resigned, commencing upon approval of the City Council and ending on May 9, 2022 – CCID 1098 – see attached. * * * * * * * * * * * * * * - 12 - RESOLUTION 34. Res. that, as recommended by the Mayor, the Professional Services Agreement with E & A Consulting Group, Inc. to provide professional services on OPW 53194, being the Street Improvement District 6880: South 164th Street – Poppleton Avenue to Peterson Drive Project, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $40,734.00 from the Capital Special Assessment Fund 13573, Special Assessments Organization 116168, year 2017 expenditures – held over from the August 22, 2017 City Council Meeting - CCID 966 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communications submitted by Susan Thomson – see attached. PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: OPPONENTS: Sylvia Bryan, 1283 South 164th Street Linda Johnson, 1274 South 164th Street Susan Thomson, 1282 South 164th Street FOR THE CITY: Heather Tippey Pierce, Public Works Department Cassie Paben, Mayor’s Office No one else came forward, and the public hearing was closed. Motion by Jerram that RESOLUTION # 966 be approved Seconded by Pahls ROLL CALL: Yeas: Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None Pass: Harding CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEMS 35 THROUGH 37 SHALL BE HELD ON THE THIRD READING PLANNING ORDINANCES ON SECOND READING AND PLANNING BOARD ATTACHMENTS 35. ORD. 41257 - An ordinance to rezone the property located northwest of 18th and Jackson Streets from DS-Downtown Services District to CBD-Central Business District (property is also located within an ACI-1(PL) Overlay District). The applicant is Island 1811, LLC – (First Reading was held on September 12, 2017; Third Reading and Public Hearing will be held on September 26, 2017) – see attached. A. Planning Board and Planning Department recommend approval – see attached. - 13 - 36. ORD. 41255 – An ordinance to rezone the property located southeast of 32nd and Burt Streets from GO-General Office District to R5-Urban Family Residential District. The applicant is Douglas County School District 001 – (First Reading was held on September 12, 2017; Third Reading and Public Hearing will be held on September 26, 2017) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 37. ORD. 41256 – An ordinance to rezone the property located at 2914 and 2922 North 61st Street from GI-General Industrial District to NBD-Neighborhood Business District. The applicant is TACK Architects – (First Reading was held on September 12, 2017; Third Reading and Public Hearing will be held on September 26, 2017) – see attached. A. Planning Board and Planning Department recommend approval – see attached. * * * * * * * * * * * * * * ORDINANCES ON SECOND READING 38. ORD. 41252 – An ordinance approving an Agreement for the sale of City-owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Real Estate Purchase Agreement with Willie Metcalf, 2314 North 21st Street, Omaha, Nebraska 68110, to convey the property located at 2604 North 20th Street, described in the attached agreement, in consideration of the sum of $2,000.00; there are no expenses associated with the transfer of the property to Willie Metcalf; and, to provide the effective date hereof – (First Reading was held on September 12, 2017; Third Reading will be held on September 26, 2017) – see attached. (PUBLIC HEARING TODAY) President Gray called for the public hearing to begin. No one came forward, and the public hearing was closed. 39. ORD. 41253 – 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 TKNEAS, LLC, Bohobooks, LLC, Bohosbest, LLC, and Bohemian Village, LLC, Nebraska limited liability companies, to implement the Bohemian Cafe Tax Increment Financing (TIF) Redevelopment Project Plan for a project site located east and west of South 13th Street and south of William Street, which proposes to preserve, repurpose and convert five different 1920’s era structures, including the former Bohemian Cafe, into usable, modern commercial structures and residential living; the agreement authorizes the use of up to $275,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and, providing for an effective date – (First Reading was held on September 12, 2017; Third Reading will be held on September 26, 2017) – see attached. (PUBLIC HEARING TODAY) - 14 - PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: OPPONENTS: FOR THE CITY: Bridget Hadley, Planning Department No one else came forward, and the public hearing was closed. 40. ORD. 41254 – 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 3820 Harney LLC, a Nebraska limited liability company, to implement the Blackstone Depot Apartments Tax Increment Financing (TIF) Redevelopment Project Plan for a project site located at 3812-3820 Harney Street, which proposes to construct a new, five-story, 56 unit multi-family structure with a mix of studios, one and two bedrooms and 23 indoor garage spaces at grade; the agreement authorizes the use of up to $860,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and, providing for an effective date – (First Reading was held on September 12, 2017; Third Reading will be held on September 26, 2017) – see attached. (PUBLIC HEARING TODAY) PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: OPPONENTS: FOR THE CITY: Bridget Hadley, Planning Department No one else came forward, and the public hearing was closed. 41. ORD. 41251 – An ordinance, pursuant to Home Rule Charter Section 5.17 involving the payment of moneys from appropriations of more than one fiscal year, to approve the Interlocal Cooperation Agreement between the City of Omaha and the Village of Eagle, controlling the distribution of keno lottery proceeds, from the date of execution through May 14, 2021 – (First Reading was held on September 12, 2017; Third Reading will be held on September 26, 2017) – see attached. (PUBLIC HEARING TODAY) PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Bill Harvey, EHPV Management Group, 11248 John Galt Boulevard OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. - 15 - 42. ORD. 41258 - An ordinance to provide for the naming of public (park) property known as Dam Site 15A, located at approximately 168th and Fort Streets, to be named “Flanagan Lake,” in honor of Father Edward J. Flanagan who founded Boys Town in 1917 as a home for homeless boys in Omaha and who was a noteworthy person internationally who won many awards for his work with the delinquent and homeless children. “Flanagan Lake” had the most recommendations from the public during a naming campaign sponsored by Mayor Stothert and said name was forwarded to the Planning Director pursuant to Chapter 27, Article VI, for consideration; said name having been reviewed by the Planning Department; said name was reviewed and recommended by the City Naming Committee; and, said name was reviewed and recommended by the Parks Advisory Board and is now before this Council for consideration - (First Reading was held on September 12, 2017; Third Reading will be held on September 26, 2017) – see attached. (PUBLIC HEARING TODAY) PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Jim Thompson, 1001 South 35th Avenue OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. 43. ORD. 41259 - An ordinance to approve an Agreement between the City of Omaha and the Boys & Girls Clubs of the Midlands in the amount of $77,602.00; 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 two (2) Gang Specialist positions; 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 September 12, 2017; Third Reading will be held on September 26, 2017) – see attached. (PUBLIC HEARING TODAY) President Gray called for the public hearing to begin. No one came forward, and the public hearing was closed. 44. ORD. 41260 - An ordinance to approve and authorize an Agreement between the Board of Regents of the University of Nebraska on behalf of the University of Nebraska Medical Center and the City of Omaha, Nebraska, for certain forensic and crime lab testing services involving the payment of money from the appropriations of more than one (1) 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, fees on a per test basis as needed by the Omaha Police Department with the term of the Agreement being two (2) years with the parties having the ability to mutually extend the agreement for a period of three additional one (1) year terms; and, to provide for an effective date hereof - (First Reading was held on September 12, 2017; Third Reading will be held on September 26, 2017) – see attached. (PUBLIC HEARING TODAY) - 16 - PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Steve Hinrichs, 3306 Armbrust Drive, Chair of UNMC Department of Pathology and Microbiology OPPONENTS: FOR THE CITY: Captain Ed Reyes, Omaha Police Department No one else came forward, and the public hearing was closed. 45. ORD. 41261 - An ordinance to approve a Memorandum of Understanding between the City of Omaha and the Omaha Police Officer’s Association; the Memorandum of Understanding allows the City of Omaha to place Nebraska certified law enforcement officers who are hired laterally at a pay step based above the entry level pay step contemplated by the Collective Bargaining Agreement based on their years of experience; and, to provide the effective date thereof - (First Reading was held on September 12, 2017; Third Reading will be held on September 26, 2017) – see attached. (PUBLIC HEARING TODAY) President Gray called for the public hearing to begin. No one came forward, and the public hearing was closed. PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM 46 SHALL BE HELD ON THE THIRD READING PLANNING ORDINANCE ON FIRST READING AND PLANNING BOARD ATTACHMENT Sagewood Pointe 46. ORD. 41268 – An ordinance to rezone property located southeast of 180th and Fort Streets from AG-Agricultural District to R4-Single Family Residential District (High Density). The applicant is Celebrity Homes Omaha – (Second Reading will be held on September 26, 2017; Publication to be made, Third Reading and Public Hearing will be held on October 3, 2017) – see attached. A. Planning Board and Planning Department recommend approval – see attached. * * * * * * * * * * * * * PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEMS 47 THROUGH 52 SHALL BE HELD ON THE SECOND READING ORDINANCES ON FIRST READING 47. ORD. 41262 – An ordinance approving an Agreement for the sale of City-owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Real Estate Purchase Agreement with Ora Prince, 3724 North 36th Street, Omaha, to convey the property located at 3728 North 36th Street in consideration of the sum of $850.00; there are no expenses associated with the transfer of the property to Ora Prince; and, to provide the effective date hereof – (Second Reading and Public Hearing will be held on September 26, 2017; Third Reading will be held on October 3, 2017) – see attached. - 17 - 48. ORD. 41265 – An ordinance to approve the acceptance of and authorize disbursement over more than one fiscal year from the FY 2016 Assistance to Firefighters Grant (AFG) Program – Operations and Safety, Award #EMW -2016-FO-06996, in the amount of $437,501.00, with a match of $43,750.00 provided by the Omaha Fire Department from Fund 12168, Organization 114516, for a total program budget in the amount of $481,251.00, during the project period of June 12, 2017 to June 11, 2018; to provide funding for thermal imaging and fitness equipment as detailed in the attached grant application; to authorize payment from such grant funding and involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date thereof – (Second Reading and Public Hearing will be held on September 26, 2017; Third Reading will be held on October 3, 2017) – see attached. 49. ORD. 41266 – An ordinance to approve the acceptance of and authorize disbursement over more than one fiscal year from the FY 2016 Staffing for Adequate Fire and Emergency Response (SAFER) Grant, Award #EMW -2016-FH-00666, in the amount of $1,016,192.00, with a match of $631,690.00 provided by the Omaha Fire Department from Fund 12168, Organization 130622, for a total program budget in the amount of $1,647,882.00, during the project period of January 24, 2018 to January 23, 2021; to provide funding for six (6) full-time firefighter positions with the Omaha Fire Department over a three-year period as detailed in the attached grant application; to authorize payment from such grant funding and involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date thereof – (Second Reading and Public Hearing will be held on September 26, 2017; Third Reading will be held on October 3, 2017) – see attached. 50. ORD. 41264 – An ordinance to approve an agreement between the City of Omaha and Van Dyke Consulting, Inc. in the amount of $52,000.00; to authorize funding for such agreement in the amount of $32,500.00 from the City of Omaha’s 2017-2018 Office of Violence Prevention (OVP) Grant, Award #17-VP-5006, awarded by the Nebraska Crime Commission; to authorize funding for such agreement in the amount of $19,500.00 by the Omaha Police Department from Fund 11111, Organization 114274, Account 42239; to provide funding for the development of a new web-based gang database for the Omaha Police Department Gang Unit; 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 – (Second Reading and Public Hearing will be held on September 26, 2017; Third Reading will be held on October 3, 2017) – see attached. 51. ORD. 41263 – An ordinance to establish, pursuant to Section 40-251 of the Omaha Municipal Code, a new Class “A” Flammable Liquids Storage District, to be known as District No. A-158 at 2550 East Locust Street, as requested by Daniel B. Owens of the Omaha Airport Authority; and, to provide the effective date hereof – (Second Reading and Public Hearing will be held on September 26, 2017; Third Reading will be held on October 3, 2017) – see attached. - 18 - 52. ORD. 41267 – An ordinance authorizing and directing an issue of general obligation bonds, an issue of general obligation refunding bonds, and an issue of general obligation crossover refunding bonds of the City of Omaha, Nebraska in the aggregate principal amount of not to exceed $120,800,000.00 to be termed for identification purposes, “Various Purpose and Refunding Bonds, Series 2017A”, “General Obligation Refunding Bonds, Series 2017B”, and “General Obligation Crossover Refunding Bonds, Series 2017C”, respectively; prescribing the form of said bonds; authorizing the sale of said bonds by negotiation; designating for defeasance and redemption certain bonded indebtedness of the City of Omaha and certain sanitary and improvement districts annexed by the City of Omaha, Nebraska; directing the Finance Department to give notices of such defeasance and redemption; directing the preparation of a transcript of proceedings authorizing the issuance, sale and delivery of said bonds; appointing an Escrow Agent, a Paying Agent, and Registrar; approving the selections of an underwriter and an escrow verification agent; directing that said bonds shall initially be issued and registered in book entry form; providing for continuing disclosure; delegating authority to the Finance Director to determine the final prices, interest rates, principal amounts, and redemption provisions for said bonds; and, providing for the effective date thereof – (Second Reading and Public Hearing will be held on September 26, 2017; Third Reading will be held on October 3, 2017) – see attached. * * * * * * * * * * * * * CHAIRMAN OF THE BOARD OF EQUALIZATION 53. Chairman of the Board of Equalization reports approval of the Plan of Assessment with adjustments and corrections made at their regular meeting held September 12, 2017 – CCID 1090 – see attached. (MOTION NEEDED TO APPROVE) CCID # 1090 - Motion by Jerram that the report be approved Seconded by Harding ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None Motion Approved 7-0 EXECUTIVE SESSION 54. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation. SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR SEPTEMBER 19, 2017 SEPTEMBER 18, 2017 AT 11:00 A.M. ADDITIONAL RESOLUTION 55. Res. that, the reappointment by Mayor Jean Stothert of Jay B. Noddle to the MECA Board of Directors to serve a term effective on May 10, 2018 and ending on May 9, 2023, be and hereby is confirmed and approved – CCID 1102 – see attached. - 19 - PUBLIC HEARING – The following persons appeared and spoke: PROPONENTS: Jay Noddle, Noddle Companies, 2285 South 67th Street OPPONENTS: FOR THE CITY: No one else came forward, and the public hearing was closed. Motion by Harding that RESOLUTION # 1102 be approved Seconded by Melton ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None MOTION APPROVED 7-0 ADJOURNMENT Motion by Festersen that the meeting be adjourned Seconded by Jerram ROLL CALL: Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President Nays: None Motion Passed 7-0 MEETING ADJOURNED AT: 2:50 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 September 19, 2017. WITNESS: CITY CLERK: s/Sherri Brown s/Elizabeth Butler Sherri Brown Elizabeth Butler THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 21ST DAY OF SEPTEMBER, 2017.