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2017-04-25jWHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVES TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. 13TH REGULAR CITY COUNCIL MEETING APRIL 25, 2017 THE CITY COUNCIL met in Regular Session on Tuesday, April 25, 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 # 547 – Present: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Garry Gernandt of District No. 4. 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 April 21, 2017, notice re: Pre-Council and Regular City Council Meetings, April 25, 2017. CCID # 548 – From Chair on File A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. - 2 - ZONING ORDINANCE ON FINAL READING and Planning Board Attachment 5. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located southwest of 120th Street and Skylark Drive; and, to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 482 - April 11 and April 18 Meetings) Notice of public hearing on April 25, 2017 published in the Daily Record on April 14, 2017. Ordinance passed on April 25, 2017 published in the Daily Record on May 3, 2017. CCID # 482 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41115 - PASSED 7-0 a. Planning Board and Planning Department recommend approval of a MCC-Major Commercial Corridor Overlay District for the property located southwest of 120th Street and Skylark Drive – see attached. (See Doc. # 482 - April 11 Meeting) # 482 - From Chair on File 6. Res. that, the replat transmitted herewith entitled PINEWOOD SOUTH, located southwest of 120th Street and Skylark Drive, is hereby approved, and concurrently a portion of the existing plats entitled Pinewood Addition and Pinewood Third Addition, and described on said replat, are hereby vacated – Inside City – over from 4/11/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 483 - April 11 Meeting) Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 483 - ADOPTED 7-0 a. Planning Board and Planning Department recommend approval of the Final Plat of PINEWOOD SOUTH, a subdivision inside the city limits, located southwest of 120th Street and Skylark Drive – Inside City – over from 4/11/17 – see attached. (See Doc. # 483 - April 11 Meeting) # 483 - From Chair on File - 3 - 7. Res. that, the Subdivision Agreement among the City of Omaha, Douglas County School District 0001, a Nebraska political subdivision, also known as Omaha Public Schools, and Thomas L. Hallstrom, as recommended by the Mayor, providing for the Watershed Management fees, is hereby approved. The Subdivision is to be known as Pinewood South (Lots 1-2) and is located southwest of 120th Street and Skylark Drive – over from 4/11/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 484 - April 11 Meeting) Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 484 - ADOPTED 7-0 RESOLUTIONS RE: PRELIMINARY PLATS AND PLAT 8. Res. that, the preliminary plat entitled THE LANDING (Lots 1-5 and Outlot A), a subdivision inside the city limits, with a waiver of Section 53-8(4)(d) for lot frontage, located southeast of 30th and Burt Streets, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City - over from 4/11/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 455 - April 11 Meeting) Motion by Melton that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 455 - ADOPTED 7-0 a. Planning Board and Planning Department recommend approval of the Preliminary Plat of THE LANDING (Lots 1-5 and Outlot A), with a waiver of Section 53-8(4)(d) for lot frontage, located southeast of 30th and Burt Streets – Inside City – over from 4/11/17 – see attached. (See Doc. # 455 - April 11 Meeting) # 455 - From Chair on File 9. Res. that, the preliminary plat entitled OMAHA HOME FOR BOYS 2ND ADDITION, located at 8502 Mormon Bridge Road, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City - over from 4/11/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 456 - April 11 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Jeff Moran, President and CEO, Omaha Home for Boys, 4343 North 52nd Street The Plotkins, 8828 North 48th Street - 4 - Motion by Festersen that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 456 - ADOPTED 7-0 a. Planning Board and Planning Department recommend approval of the Preliminary Plat of OMAHA HOME FOR BOYS 2ND ADDITION, located at 8502 Mormon Bridge Road – Inside City - over from 4/11/17 – see attached. (See Doc. # 456 - April 11 Meeting) # 456 - From Chair on File 10. Res. that, the plat entitled OMAHA HOME FOR BOYS 2ND ADDITION, located at 8502 Mormon Bridge Road, is hereby approved and accepted – Inside City - over from 4/11/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 457 - April 11 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Jeff Moran, President and CEO, Omaha Home for Boys, 4343 North 52nd Street The Plotkins, 8828 North 48th Street Motion by Festersen that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 457 - ADOPTED 7-0 a. Planning Board and Planning Department recommend approval of the Final Plat of OMAHA HOME FOR BOYS 2ND ADDITION, located at 8502 Mormon Bridge Road – Inside City - over from 4/11/17 – see attached. (See Doc. # 457 - April 11 Meeting) # 457 - From Chair on File 11. Res. that, the preliminary plat entitled AVENUE ONE, located southeast and southwest of 192nd 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 and Outside City – over from 4/11/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 458 - April 11 Meeting) - 5 - THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Jim Buser, 10250 Regency Circle, Attorney for the applicant Lynn Carlton, HOK, 300 West 22nd Street, Kansas City, Missouri Aaron Mesmer, Block Real Estate, 700 West 47th Street, Kansas City, Missouri David Yudelson, 19520 Leavenworth Street, representing the Fire Ridge Homeowners Association Larry Jobeun, 11440 West Center Road, Attorney for R&R Development Angie Nixon, 104 South 197th Street FOR THE CITY: Brook Bench, Parks, Recreation & Public Property Director Motion by Thompson that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 458 - ADOPTED 7-0 a. Planning Board and Planning Department recommend approval of the Preliminary Plat of AVENUE ONE, located southeast and southwest of 192nd Street and West Dodge Road - Inside and Outside City – over from 4/11/17 – see attached. (See Doc. # 458 - April 11 Meeting) # 458 - From Chair on File b. Documentation submitted by Jim Buser, Attorney for the applicant, in support of the Preliminary Plat of AVENUE ONE, located southeast and southwest of 192nd Street and West Dodge Road – see attached. # 458 - From Chair on File 12. Res. that, the preliminary plat entitled FOUNTAIN WEST OFFICE PARK, located west of 185th Street and Capitol Avenue, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – over from 4/11/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 554 - April 11 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Larry Jobeun, 11440 West Center Road, Attorney for the developer Jim Buser, 10250 Regency Circle, Attorney Motion by Thompson that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 554 - ADOPTED 7-0 - 6 - a. Planning Board and Planning Department recommend approval of the Preliminary Plat of FOUNTAIN WEST OFFICE PARK, located west of 185th Street and Capitol Avenue – Outside City – over from 4/11/17 – see attached. (See Doc. # 554 - April 11 Meeting) # 554 - From Chair on File SPECIAL USE PERMIT – ED-NORTH HILLS ENVIRONMENTAL RESOURCES OVERLAY DISTRICT 13. Res. that, the Special Use Permit application submitted by Clearview Country Club for Pets for a Special Use Permit to allow development in the ED-North Hills Environmental Resources Overlay District, located at 9223 North 72nd Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 4/11/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 459 - April 11 Meeting) Douglas Dreessen, Thompson, Dreessen and Dorner, 10836 Old Mill Road, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 459 - ADOPTED 7-0 a. Planning Board and Planning Department recommend approval of the request of Clearview Country Club for Pets for a Special Use Permit to allow development in the ED-North Hills Environmental Resources Overlay District, for property located at 9223 North 72nd Street – over from 4/11/17 – see attached. (See Doc. # 459 - April 11 Meeting) # 459 - From Chair on File LIQUOR 14. CLASS “C” – Cantina El Sol, LLC, dba “Cantina El Sol”, 2332 South 24th Street. New application, New location. Property posted: 04-12-17; Notification sent: 04-13-17 – see attached. ((YOU HAVE YOUR HEARING ON YOUR APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: Timothy McReynolds, 5261 South 157th Plaza, Suite 243, Attorney for the applicant Jose Manuel Alferes, 2332 South 24th Street, owner - 7 - Motion by Gernandt that the Resolution to GRANT be adopted Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 549 - ADOPTED 7-0 15. CLASS “I” – Vo, Tu Anh, dba “Fusion Taste”, 14450 Eagle Run Drive, Suite 240. New application, New location. Property posted: 04-12-17; Notification sent: 04-13-17 – see attached. ((YOU HAVE YOUR HEARING ON YOUR APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Tu Anh Vo, Fusion Taste, 14450 Eagle Run Drive, Suite 240, appeared and spoke. Motion by Melton that the Resolution to GRANT be adopted Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 550 - ADOPTED 7-0 16. CLASS “K” (CATERING) – Salmarie Enterprises, LLC, dba “Enzo’s Italian”, 8510 North 30th Street. New application, Old location. Presently holds a Class “I” Liquor License. Property posted: 04-12-17; No Notification sent – see attached. ((YOU HAVE YOUR HEARING ON YOUR APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) CCID # 551 - Motion by Gernandt that the application be laid over 1 week to May 2, 2017 to comply with City Council Liquor Rule 10 and continue the public hearing Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 a. Communication from Enzo Zurlo, president of Salmarie Enterprises, LLC, dba “Enzo’s Italian”, 8510 North 30th Street, requesting their application for a Class “K” (Catering) Liquor License be laid over 1 week to May 2, 2017 to comply with City Council Liquor Rule 10 and continue the public hearing – see attached. # 551 – From Chair on File 17. Stokes, LLC, dba “Stokes Grill & Bar”, 1122 Howard Street, requests permission to appoint John M. Wade manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENTS: John M. Wade, 16918 K Street Zach Boiko, 3614 Grand Avenue - 8 - CCID # 552 - Motion by Jerram that the request be approved Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 18. Old Market Seafood, LLC, dba “Plank Seafood Provisions”, 1205 Howard Street, requests permission to appoint Tucker Beglin manager of their present Class “I” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Tucker Beglin, 17115 Camden Circle, appeared and spoke. CCID # 553 - Motion by Jerram that the request be approved Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed. 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. 19 through 21 were held on April 18, 2017.) CONSENT AGENDA – ORDINANCES 19. Ord. to amend Section 1 and Section 2 of Ordinance No. 41004 vacating part of Hillandale Circle right-of-way, passed on December 20, 2016; to repeal Section 1 and Section 2 of Ordinance No. 41004 as heretofore existing; and, to provide the effective date hereof – see attached. (See Doc. # 485 – April 11 and April 18 Meetings) Notice of public hearing on April 18, 2017 published in the Daily Record on April 14, 2017. Ordinance passed on April 25, 2017 published in the Daily Record on May 3, 2017. CCID # 485 – Motion by Jerram that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41116 - PASSED 7-0 - 9 - 20. Ord. to approve an agreement between the City of Omaha and the City of Lincoln, Lincoln Police Department in the amount of nine thousand, one hundred dollars ($9,100.00); to authorize funding for such agreement from the City of Omaha’s FY 2016 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods): Category 3, Grant Award #2016-GP-BX-0008, awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); to provide funding for proactive specialized overtime operations as part of the 2016 Project Safe Neighborhoods Grant Program; involving appropriations of more than one (1) year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof – see attached. (See Doc. # 487 – April 11 and April 18 Meetings) Notice of public hearing on April 18, 2017 published in the Daily Record on April 14, 2017. Ordinance passed on April 25, 2017 published in the Daily Record on May 3, 2017. CCID # 487 – Motion by Jerram that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41117 - PASSED 7-0 AGENDA ITEM NO. 21 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER PAHLS 21. Ord. to amend Chapter 19 of the Omaha Municipal Code providing for the levy of a business sales, receipts, charges, and invoices occupation tax as requested by the property owner(s) located within an Enhanced Employment Area; establishing definitions; providing for the administration, collections, returns, delinquencies and recovery of unpaid amounts related to such occupation tax; specifying how such tax revenue will be used; providing a sunset provision for the tax; related matters; and, to provide for the effective date hereof – see attached. (See Doc. # 488 – April 11 and April 18 Meetings) Notice of public hearing on April 18, 2017 published in the Daily Record on April 14, 2017. Ordinance passed on April 25, 2017 published in the Daily Record on May 3, 2017. THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Larry Jobeun, 11440 West Center Road, Attorney FOR THE CITY: Jennifer Taylor, Law Department CCID # 488 – Motion by Pahls that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Mr. President Nay: Melton ORDINANCE # 41118 - PASSED 6-1 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 10 - (The public hearings on Agenda Item Nos. 22 through 37 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 22. Res. that, Councilmembers Pete Festersen, Chris Jerram, and Aimee Melton shall assess damages, if any, to owners and parties affected by the vacation of a portion of the east/west alley adjacent to South 31st Street and between Mason and Marcy Streets extending 100 feet to the west of a previously vacated portion of said alley and abutting Lots 4 and 5, Block 0, Clifton Place, and Lots 4 and 5, Block 0, Housel & Stebbins Subdivision Lot 14. Said committee shall give reasonable notice to the owners and parties interested in the property affected by such vacation – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 555 - ADOPTED 7-0 23. Res. that, the City Clerk is hereby authorized and directed to publish the Petition for improvement of South 79th Street, from Shirley Street north to Woolworth Avenue, and Shirley Street, from South 78th Street to South 79th Street, within Street Improvement District No. 6882, to publish notice of the right to protest the said Petition and the said improvement, and to mail the said notice to record owners of taxable property within the said District, all as provided in this Resolution – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 556 - ADOPTED 7-0 24. Res. that, as recommended by the Mayor, the contract with DMS Landscaping for OPW 53080, being the 2017 Brick Street Restoration at Various Locations within the City of Omaha Project, is hereby approved; and that, the Finance Department is authorized to pay the cost of $398,699.16 for OPW 53080 from the Street and Highway Allocation Fund 12131, Residential Brick Street Repair Organization 116122, 2017 year funding – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 557 - ADOPTED 7-0 - 11 - 25. Res. that, as recommended by the Mayor, the Agreement between the City of Omaha and the State of Nebraska Department of Roads (NDOR) to define responsibilities and cost share for the repair and maintenance of the 96th Street Bridge over I-80, is hereby approved; and that, the City Council hereby authorizes the Mayor and the City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 558 - ADOPTED 7-0 26. Res. that, as recommended by the Mayor, the Professional Services Agreement with Alfred Benesch & Company to provide professional services on OPW 52761, being the 120th & Webster Turn Lane Improvements Project, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $29,919.00 to be paid from the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117, year 2017 funding – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 559 - ADOPTED 7-0 27. Res. that, as recommended by the Mayor, the Professional Services Agreement with Alfred Benesch & Company to provide professional services on OPW 53077, being the 2017 Emergency Utility Cuts – Minor Roadways Project, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $29,950.00 to be paid from the Capital Special Assessment Fund 13573, Special Assessments Organization 116168, 2017 year funding – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 560 - ADOPTED 7-0 28. Res. that, as recommended by the Mayor, the Professional Services Agreement with HDR, Incorporated to provide professional services for OPW 52810, being the Papio Digester 904 Conversion for Heating and Mixing Project, is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed $94,441.00 which will be paid from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 561 - ADOPTED 7-0 - 12 - 29. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue Purchase Orders to Oldcastle Materials Midwest Co. d/b/a Omni Engineering, Flinn Paving Co. Inc. and Logan Contractors Supply, Inc. for asphalt mixes (hot mix and cold patch) to be utilized by the Street Maintenance Division for the 2017-2018 winter season; and that, the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2017 expenditures – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 562 - ADOPTED 7-0 30. Res. that, as recommended by the Mayor, the Agreement with Seventy-Five North, a not-for-profit corporation, and Brinshore Development, LLC, an Illinois limited liability company, for public streetscape improvements along the 30th Street corridor adjacent to the Co-Developer’s property, located at Parker Street and Grant Street, 28th Street to 32nd Street, is hereby approved; and, be it further resolved that, the Finance Department is authorized to pay an amount not to exceed $500,000.00. The City will finance the construction of this project through the issuance of Redevelopment Bonds (City Capital Improvement Fund, Fund 13112) – see attached. Othello Meadows, Seventy-Five North, 4383 Nicholas Street, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 563 - ADOPTED 7-0 31. Res. that, as recommended by the Mayor, the attached Agreement between the City of Omaha and GESU Housing, Inc. (GESU), a Nebraska Non-profit Corporation, Brother Mike Wilmot, S.J., President, 5008 1/2-B Dodge Street, Omaha, Nebraska 68132, to provide $540,000.00 in HOME Program funds to GESU for the new construction of three (3) single-family houses to be located at 4202 Ohio Street, 4208 Erskine Street and 4334 Lake Street in the Clifton Hills South Neighborhood New Single-Family Housing Infill Program Target Area, and the subsequent purchase of the HOME and private funded houses by a qualified low- and moderate-income family whose gross annual household income is at or below 80% of the MFI, is hereby approved. HOME funds in the amount of $540,000.00 shall be paid from the FY 2011 Consolidated Submission for Community Planning Programs approved by the City Council December 14, 2010 by Resolution No. 1356, and as amended; the 2012 Consolidated Submission for Community Planning Programs approved by the City Council November 8, 2011 by Resolution No. 1234, and as amended; the 2013 Consolidated Submission for Community Planning Programs approved by the City Council February 5, 2013 by Resolution No. 26, and as amended – see attached. - 13 - Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 576 - ADOPTED 7-0 32. Res. that, as recommended by the Mayor, the City: 1) consents to include the Project in the FY 2015 Consolidated Submission for Community Planning approved by the City Council on February 24, 2015 by Resolution No. 127, and as amended by technical amendment on February 17, 2017; and 2) consents to fund the Project (the construction of three (3) affordable new construction housing units located at 4210 Ohio Street, 4223 Ohio Street and 4340 Lake Street in the Clifton Hills South neighborhood in an area bounded by Lake Street, vacated railroad right-of-way, Hamilton Street and Military Road) with FY 2015 HOME program funds paid from the 2015 Single-Family Infill Housing Fund No 12179, Award No. 100277, Project No. 4794, Organization No. 128071 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 564 - ADOPTED 7-0 33. Res. that, as recommended by the Mayor, the attached Agreement between the City of Omaha and Habitat For Humanity of Omaha, Inc., a Nebraska non-profit corporation, 1701 North 24th Street, Omaha, Nebraska 68110, in the amount of $122,700.00 in FY 2015 funds that will provide demolition and site preparation work to include engineering and re-platting of lots located at 2763 and 2767 South 9th Street for the construction of four (4) affordable housing units, is hereby approved. Funds shall be paid from the Community Development Block Grant South Omaha Development Infill Housing Project 2015 Program, Award No 100276, and Project No. 4793 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 565 - ADOPTED 7-0 34. Res. that, the attached Deferred Payment Loan and Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $25,500.00 for the rehabilitation and lead reduction work to the property located at 3027 South 21st Street, Omaha, Nebraska, 68108, owned by Michael S. Royce, Sr., husband, and Elaine M. Royce, wife, 1507 South 234th Street, Gretna, Nebraska 68028, is hereby approved. Funds in the amount of $25,500.00 from FY 2014 NAHTF Rental Rehabilitation Program Fund, NAHTF Fund No. 14-TFHP-7072, Organization No. 128101 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 566 - ADOPTED 7-0 - 14 - 35. Res. that, the attached Deferred Payment Loan and Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $25,500.00 for the rehabilitation and lead reduction work to the property located at 6743 North 34th Street, Omaha, Nebraska, 68112, owned by Ben Lampman, 1433 North 160th Avenue, Omaha, Nebraska, 68118, is hereby approved. Funds in the amount of $25,500.00 from FY 2014 NAHTF Rental Rehabilitation Program Fund, NAHTF Fund No. 14-TFHP-7072, Organization No. 128101 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 567 - ADOPTED 7-0 36. Res. that, as recommended by the Mayor, the bid in the total amount of $62,738.75 from Westover Rock & Sand Inc. to furnish all rock materials necessary as stipulated in the bidding specifications, labor, and delivery for the Elmwood Golf Course, located at 6232 Pacific Street, Omaha, Nebraska, being the lowest, best and only bid received within bid specifications, attached hereto and made a part hereof, is hereby accepted. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from Fund No. 13356, 2014 Parks and Recreation Fund and Organization No. 117317, Parks and Culture Bond – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 568 - ADOPTED 7-0 37. Res. that, as recommended by the Mayor, the bid in the total amount of $207,600.00 from Truck Center Companies to purchase two (2) 2018 Freightliner 108SD Truck Chassis Cabs with Dump Bodies (35,000 GVW), being the best bid received within bid specifications, attached hereto and made a part 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 total amount of $207,600.00 from the 2017 Parks and Recreation Fund No. 13356, Organization No. 117317, Parks & Cultures Bonds, for the 2017 fiscal year – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 569 - ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 15 - ORDINANCES ON FINAL READING 38. Ord. to create Sewer Improvement District No. 1579, in the City of Omaha, for the purpose of constructing public sanitary sewers within portions of the east-west alleyway, and those lots between Mason Street and Marcy Street from South 31st Street west approximately 250 feet; to fix and define the boundaries of said district; to provide for the determination and assessment of damages, if any, occasioned by reason of change of grade; to authorize the Public Works Department, barring protest to the contrary in accordance with OMC 26-65, to complete the associated improvement project; and, to provide for an effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 486 – April 11 and April 18 Meetings) Notice of public hearing on April 25, 2017 published in the Daily Record on April 14, 2017. Ordinance passed on April 25, 2017 published in the Daily Record on May 3, 2017. CCID # 486 – Motion by Jerram that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41119 - PASSED 7-0 39. Special Ord. levying a special tax and assessment on certain lots, parts of lots and pieces of real estate in the City of Omaha to cover the cost of constructing sidewalks in District No. SWR 2016-01 – see attached. ((PUBLIC HEARING HELD 4/18/17 – CAN BE PASSED AS AMENDED TODAY)) (See Doc. # 489 – April 11 and April 18 Meetings) Notice of public hearing on April 18, 2017 published in the Daily Record on April 14, 2017. Ordinance passed on April 25, 2017 published in the Daily Record on May 3, 2017. CCID # 489 – Special Ordinance read Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President SPECIAL ORDINANCE # 10216 - PASSED AS AMENDED 7-0 a. Amendment requested by the Public Works Department – see attached. # 489 - Motion by Jerram that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 - 16 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 40 THROUGH 50 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 40. Ord. to rezone property located southeast of 10th Street and Capitol Avenue from DS- Downtown Service District and CBD-Central Business District to DS-Downtown Service District (property is also located within an existing ACI-1(PL)-Area of Civic Importance Overlay District). (See Doc. # 523 - April 18 Meeting) CCID # 523 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 41. Ord. to rezone property located southeast of 10th Street and Capitol Avenue from DS- Downtown Service District and CBD-Central Business District to CBD-Central Business District (property is also located within an existing ACI-1(PL)-Area of Civic Importance Overlay District). (See Doc. # 524 - April 18 Meeting) CCID # 524 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 42. Ord. to rezone property located at 2010 Vinton Street from GC-General Commercial District to R7-Medium-Density Multiple-Family Residential District. (See Doc. # 525 - April 18 Meeting) CCID # 525 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 43. Ord. to amend the boundaries of the NCE-C Neighborhood Conservation and Enhancement Overlay District, to incorporate into that district the property located at 2010 Vinton Street; and, to provide for an effective date – see attached. (See Doc. # 526 - April 18 Meeting) CCID # 526 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 44. Ord. to rezone the property located southeast of 22nd Street and Woolworth Avenue from HI-Heavy Industrial District to GC-General Commercial District. (See Doc. # 527 - April 18 Meeting) CCID # 527 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 45. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a GC-General Commercial District, located southeast of 22nd Street and Woolworth Avenue; to approve the Development Plan; and, to provide for an effective date – see attached. (See Doc. # 528 - April 18 Meeting) - 17 - CCID # 528 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 46. Ord. to rezone the property located at 3902 Harney Street from GC-General Commercial District to NBD-Neighborhood Business District (property is also located within an existing ACI-1(PL) Overlay District). (See Doc. # 531 - April 18 Meeting) CCID # 531 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 47. Ord. to rezone property located northeast of 50th and Dodge Streets from GC-General Commercial District to CC-Community Commercial District. (See Doc. # 532 - April 18 Meeting) CCID # 532 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 48. Ord. to amend the boundaries of the ACI-2(50)-Area of Civic Importance Overlay District, to incorporate into that district the property located northeast of 50th and Dodge Streets; and, to provide for an effective date – see attached. (See Doc. # 533 - April 18 Meeting) CCID # 533 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 49. Ord. to rezone property located northeast of 168th and Locust Streets from DR- Development Reserve District to R4-Single-Family Residential District (High Density). (See Doc. # 534 - April 18 Meeting) CCID # 534 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. 50. Ord. to rezone property located west of 222nd Street and north of Homestead Road from AG-Agricultural District to DR-Development Reserve District. (See Doc. # 537 - April 18 Meeting) CCID # 537 – ORDINANCE ON SECOND READING – Final reading to be held May 2, 2017 as per City Charter requirements. * * * * * * * * * * * * * * - 18 - ORDINANCES ON SECOND READING 51. Ord. declaring the necessity of appropriating, for the use of the City of Om aha, certain hereinafter described property located at 4219 Corby Street, 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 Jade S. Custer, 14707 Lone Spring Drive, Little Elm, TX 75068, to acquire the property by donation is approved; and, to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 541 - April 18 Meeting) CCID # 541 – Public hearing was held today – Final reading set for May 2, 2017 as per City Charter requirements. 52. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 3818 Corby Street, 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 Jade S. Custer, Managing Member of Custer Real Estate, LLC, 14123 Patrick Avenue, Omaha, NE 68127, to acquire the property by donation, is approved; and, to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 542 - April 18 Meeting) CCID # 542 – Public hearing was held today – Final reading set for May 2, 2017 as per City Charter requirements. 53. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a new Class “B” Flammable Liquids Storage District to be known as District No. B-195 at 8300 Dodge Street (also addressed as 8200 Dodge Street), as requested by Dan Eyerly for Children’s Hospital; and, to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 543 - April 18 Meeting) CCID # 543 – Public hearing was held today – Final reading set for May 2, 2017 as per City Charter requirements. - 19 - 54. Ord. to approve an agreement between the City of Omaha and the Board of Regents of the University of Nebraska, University of Nebraska at Omaha on behalf of the Nebraska Center for Justice Research in the amount of thirty thousand dollars ($30,000.00); to authorize funding for such agreement from the City of Omaha’s FY 2016 Vio lent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods): Category 3, Grant Award #2016-GP-BX-0008, awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); to conduct assessments of Omaha’s Project Safe Neighborhoods (PSN) operations; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 544 - April 18 Meeting) CCID # 544 – Public hearing was held today – Final reading set for May 2, 2017 as per City Charter requirements. “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 9, 2017 THE THIRD READING AND PUBLIC HEARING ON AGENDA ITEM NO. 55 SHALL BE HELD ON MAY 16, 2017” ZONING ORDINANCE ON FIRST READING and Planning Board Attachment 55. Ord. to approve a Major Amendment to the Mixed Use District Development Agreement for Aksarben Business & Education Campus, located northeast of 72nd and Pine Streets, between the City of Omaha and Verizon Wireless, providing site development standards; and, to provide for an effective date – see attached. CCID # 570 – Publication to be made and public hearing and third reading to be held on May 16, 2017 pursuant to City Council Rule VII H. a. Planning Board and Planning Department recommend approval of a Major Amendment to the Mixed Use District Development Agreement for Aksarben Business & Education Campus, located northeast of 72nd and Pine Streets – see attached. # 570 - Over to 5/16/17 * * * * * * * * * * * * * * - 20 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 56 THROUGH 60 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 56. Ord. approving an Agreement between the City of Omaha, Nebraska and Lynn Vinduska of Cass County, Nebraska, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Lynn Vinduska will receive and land apply stabilized sewage sludge, according to applicable standards, laws, and policies of the City of Omaha and other relevant jurisdictions for an agreement period ending December 31, 2017 with up to four automatic one-year renewals; to authorize the Finance Department to pay a sum not to exceed $0.60 per cubic yard of stabilized sludge from the Sewer Revenue Fund 21121; and, to provide an effective date hereof – see attached. CCID # 571 - Publication to be made and public hearing to be held on May 2, 2017 as per City Charter requirements. 57. Ord. to create a clean energy assessment district; to establish definitions; to provide for the financing, administration and collections for energy efficiency improvements and renewable energy systems; and, to provide the effective date hereof – see attached. CCID # 595 - Publication to be made and public hearing to be held on May 2, 2017 as per City Charter requirements. 58. Ord. to amend Omaha Municipal Code chapter 18 by amending articles pertaining to nuisance prevention standards for businesses engaged in the sale, service or consumption of alcohol; to provide definitions and enforcement procedures; and, to provide an effective date hereof – see attached. CCID # 574 - Publication to be made and public hearing to be held on May 2, 2017 as per City Charter requirements. 59. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Fabrication Mechanic III with a hourly pay range of $22.73 to $28.76; to repeal Section 23 - 177 as heretofore existing; and, to provide the effective date hereof – see attached. CCID # 573 - Publication to be made and public hearing to be held on May 2, 2017 as per City Charter requirements. 60. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a new Class “B” Flammable Liquids Storage District to be known as District No. B-196 at 820 South 7th Street, as requested by Terry D. Middleton for Sprint Corporation; and, to provide the effective date hereof – see attached. CCID # 572 - Publication to be made and public hearing to be held on May 2, 2017 as per City Charter requirements. * * * * * * * * * * * * * * - 21 - EXECUTIVE SESSION 61. 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: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 7-0 ADJOURNED: 3:51 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 April 25, 2017. WITNESS: s/Jenna L. Garcia s/Elizabeth Butler CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 27TH DAY OF APRIL, 2017.