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2016-05-10j15TH REGULAR CITY COUNCIL MEETING MAY 10, 2016 THE CITY COUNCIL met in Regular Session on Tuesday, Ma y 10, 2016 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 # 656 – Present: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Franklin T. Thompson of District No. 6. 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 May 6, 2016, notice re: Pre-Council and Regular City Council Meetings, May 10, 2016. CCID # 657 – From Chair on File A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVES TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. - 2 - RECONSIDERATION 5. Motion by Councilmember Melton to reconsider Resolution No. 494, adopted April 19, 2016, being Resolution to DENY the application of Brown, Lamar, dba “LexRoc Sports Bar & Grill”, 3819 North 24th Street, for a Class “I” Liquor License, with roll call on May 10, 2016 – over from 5/3/16 for roll call on reconsideration – see attached. ((IF RECONSIDERED – CAN BE ADOPTED TODAY)) (See Doc. # 494 – April 19 and May 3 Meetings) CCID # 494 – ROLL CALL on reconsideration Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President Roll Call on Reconsideration Carried 7-0 CCID # 494 – Motion by Melton that the applicant be allowed to withdraw his application, and that the Resolution denying the application be placed on file Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President Motion Carried 7-0 (a) Communication from Lamar Brown, president of LexRoc Sports Bar & Grill, 3819 North 24th Street, requesting to withdraw his application for a Class “I” Liquor License – see attached. #494 – From Chair on File ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 6. Ord. to rezone the properties located Southeast of 81st and Dodge Streets from LO-Limited Office District and GO-General Office District to GO-General Office District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. #552 – April 26 and May 3 Meetings) Notice of public hearing on May 10, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. Dan Dolezal, Ehrhart, Griffin and Associates, 3552 Farnam Street, appeared and spoke. CCID # 552 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40711 – PASSED 7-0 - 3 - (a) Planning Board and Planning Department recommend approval of a request to rezone properties located Southeast of 81st and Dodge Streets from LO and GO to GO – see attached. (See Doc. #552 – April 26 Meeting) # 552 – From Chair on File 7. Res. that the Special Use Permit application submitted by American Cancer Society for a Special Use Permit to allow a Hotel in a GO -General Office District, located Southeast of 81st and Dodge Streets, 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 4/26/16 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 553 – April 26 Meeting) Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 553 - ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the request of American Cancer Society for a Special Use Permit to allow a Hotel in a GO District, located Southeast of 81st and Dodge Streets – over from 4/26/16 – see attached. (See Doc. # 553 – April 26 Meeting) # 553 – From Chair on File 8. Ord. to rezone property located Southwest of 199th Street and Blue Sage Parkway from R6-Low-Density Multiple-Family Residential District to DR- Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. #554 – April 26 and May 3 Meetings) Notice of public hearing on May 10, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. Brian Doyle, Fullenkamp, Doyle & Jobeun, 11440 West Center Road, appeared and spoke. - 4 - CCID # 554 – Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40712 – PASSED 7-0 9. Ord. to rezone property located Southwest of 199th Street and Blue Sage Parkway from R6-Low-Density Multiple-Family Residential District to R4-Single- Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. #555 – April 26 and May 3 Meetings) Notice of public hearing on May 10, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. Brian Doyle, Fullenkamp, Doyle & Jobeun, 11440 West Center Road, appeared and spoke. CCID # 555 – Motion by Festersen that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40713 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 199th Street and Blue Sage Parkway from R6 to DR and R4 – over from 4/26/16 – see attached. (See Doc. #555 – April 26 Meeting) # 555 – From Chair on File 10. Res. that the replat transmitted herewith entitled TUSCAN RIDGE, located Southwest of 199th Street and Blue Sage Parkway, is hereby approved, and concurrently a portion of the existing plat entitled Pacific Street West Replat Seven, and described on said replat, is hereby vacated – Outside City – over from 4/26/16 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 556 – April 26 Meeting) Brian Doyle, Fullenkamp, Doyle & Jobeun, 11440 West Center Road, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 556 - ADOPTED 7-0 - 5 - (a) Planning Board and Planning Department recommend approval of the Final Plat of TUSCAN RIDGE, located Southwest of 199th Street and Blue Sage Parkway – Outside City – over from 4/26/16 – see attached. (See Doc. # 556 – April 26 Meeting) # 556 – From Chair on File 11. Res. that, the Subdivision Agreement among the City of Omaha, Blue Sage Development, L.L.C., a Nebraska corporation, the Tuscan Ridge Home Owners Association, and Sanitary and Improvement District (S.&I.D.) 539 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, Interceptor Sewer Fee, Watershed Management Fee, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved . The City shall reimburse S.&I.D. 539 the amount of $21,912.00 from the Interceptor Sewer Construction, Organization 116921, Fund 12133. The Subdivision is to be known as Tuscan Ridge (Lots 1-18 and Outlots A-D) and is located southwest of 199th Street and Blue Sage Parkway – over from 4/26/16 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 557 – April 26 Meeting) Brian Doyle, Fullenkamp, Doyle & Jobeun, 11440 West Center Road, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 557 - ADOPTED 7-0 RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENTS “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 12 THROUGH 14 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” 12. Res. that the preliminary plat entitled 31 MARCY SOUTHEAST, located at 3034 Marcy Street, 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 her eby authorized – Inside City – see attached. Notice of public hearing on May 24, 2016 published in the Daily Record on May 13, 2016. CCID # 642 – Over two weeks to May 24, 2016 for publication and public hearing pursuant to City Council Rule VII E. - 6 - (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of 31 MARCY SOUTHEAST, with a waiver of Section 53-8(4)(a) of the Omaha Municipal Code for Lot depth, located at 3034 Marcy Street – Inside City – see attached. # 642 – Over to 5/24/16 13. Res. that the replat transmitted herewith entitled 31 MARCY SOUTHEAST, located at 3034 Marcy Street, is hereby approved, and concurrently a portion of the existing plat entitled BARTLETT’S ADDITION to OMAHA, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on May 24, 2016 published in the Daily Record on May 13, 2016. CCID # 643 – Over two weeks to May 24, 2016 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of 31 MARCY SOUTHEAST, located at 3034 Marcy Street – Inside City – see attached. # 643 – Over to 5/24/16 14. Res. that the replat transmitted herewith entitled AKSARBEN VILLAGE SOUTH (Lot 2), located South of 63rd Street and West Center Road, is hereby approved, and concurrently a portion of the existing plat entitled Aksarben Acres, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on May 24, 2016 published in the Daily Record on May 13, 2016. CCID # 647 – Over two weeks to May 24, 2016 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of AKSARBEN VILLAGE SOUTH (Lot 2), located South of 63rd Street and West Center Road – Inside City – see attached. # 647 – Over to 5/24/16 * * * * * * * * * * * * * * - 7 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 15 SHALL BE LAID OVER TWO WEEKS” 15. Res. that, the Subdivision Agreement among the City of Omaha, Uptown Properties, LLC, a Nebraska limited liability company, and The Leavenworth Rows Upper East 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 Marcy Southeast (Lots 1-4) and is located at 3034 Marcy Street – see attached. CCID # 644 – Over two weeks to May 24, 2016 pursuant to City Council Rule VII E. * * * * * * * * * * * * * * CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 16 through 26 were held on May 3, 2016.) CONSENT AGENDA – ORDINANCES 16. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 132nd and Pacific Street Intersection Improvement, project identified as OPW 52578; providing that the City negotiate with the property owners for land acquisition, permanent easements, temporary construction easements, and right of entries, providing that if said parcel cannot be obtained by negotiation, condemnation procee dings be undertaken and completed; and, providing for the effective date hereof – see attached. (See Doc. # 558 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 558 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40714 - PASSED 7-0 - 8 - 17. Ord. to authorize the Purchasing Agent to issue a purchase order to Midwest Laboratories, Inc. for professional laboratory testing services for the testing of water and wastewater samples in conjunction with the treatment processes at the Missouri River Wastewater Treatment Plant and the Papillion Creek Wastewater Treatment Plant for a contract period of March 31, 2016 to Mar ch 31, 2017; to provide for payments from appropriations of more than one year in accordance with section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments totaling $46,050.00 from specific accounts; and to provide an effective date hereof – see attached. (See Doc. # 559 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 559 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40715 - PASSED 7-0 18. Ord. to approve an Amendment to the Redevelopment Agreement between the City of Omaha and QuadTech, LLC, a Nebraska limited liability company, approved by Ordinance No. 38329 on December 23, 2008, to remove approximately 1.37 acres, legally described as Lot 1, Aksarben Village Replat 17, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska to allow for The Home Base Tax Increment Financing (TIF) Redevelopment Project Plan and Agreement, and to amend the Redevelopment Site to be legally described as Lot 2 Aksarben Village Replat 17 (1919 Aksarben Drive); all other terms and conditions contained in the Redevelopment Agreement not amended hereby, shall remain in full force and effect; and providing for an ef fective date – see attached. (See Doc. # 561 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 561 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40716 - PASSED 7-0 - 9 - 19. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and 1811 Aksarben, LLC (fka Project Home Base, LLC), a Nebraska limited liability company, to implement The Home Base Tax Increment Financing (TIF) Redevelopment Project Plan located at 1811 Aksarben Drive which proposes the redevelopment of an approximate 1.37 acre surface parking lot into a 4-story, 70,800 square foot class “A”, commercial office structure with parking on the 1st floor; the agreement authorizes the use of up to $2,355,820.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date – see attached. (See Doc. # 560 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 560 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40717 - PASSED 7-0 20. Ord. 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 Christopher Johnson, 2820 Bristol Street, Omaha, NE 68111 , to convey the adjoining property described in the attached agreement, located at 2820 Bristol Street for fair market value, in consideration of the sum of Five Hundred and 00/100 Dollars ($500.00); there are no expenses associated with the transfer of the property to Christopher Johnson ; and to provide the effective date hereof – see attached. (See Doc. # 562 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 562 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40718 - PASSED 7-0 - 10 - 21. Ord. 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 Omaha Permaculture, a Nebraska Non-profit Corporation, 4871 Northwest Radial Highway, Omaha, NE 68104, to convey the property described in the attached agreement, located at 3362 Patrick Avenue for use as a community garden, in consideration of the sum of One and 00/100 Dollars ($1.00); there are no expenses associated with the transfer of the property to Omaha Permaculture; and to provide the effective date hereof – see attached. (See Doc. # 563 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 563 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40719 - PASSED 7-0 22. Ord. to approve exercising the first of two one year options in a contract between the City of Omaha, a municipal corporation, and Corvel Enterprise Comp, Inc.; the initial contract was for a three-year term and was approved on June 18, 2013, at a cost not to exceed two hundred eighty thousand dollars ($280,000) per year, and the option contemplates an increase in the flat rate fee of three and one half percent per year dating from contract inception to provide workers’ compensation third party administrative services; such fund to be paid from Fund No. 11111, Organization 118017; and to provide an effective date hereof – see attached. (See Doc. # 564 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 564 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40720 - PASSED 7-0 23. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by assigning a higher pay scale to the employment classification entitled Community Safety Education Specialist moving it from a salary range of 7.1 MC ($40,389-$48,873) to a salary range of 9.1 MC ($43,879- $53,227); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 565 – April 26 and May 3 Meetings) - 11 - Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 565 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40721 - PASSED 7-0 24. Ord. to amend Section 23 - 177 of the Omaha Municipal Code by changing the title of the class specifications entitled Crime Laboratory Manager to Forensic Manager and reassigning the salary range for the classification from 18.4 MC ($63,046 - $78,237) to 25.1 MC ($80,669 - $99,550); changing the title of the class specifications entitled Crime Laboratory Trainee, Crime Laboratory Technician, and Senior Crime Laboratory Technician to Forensic Trainee, Forensic Technician, and Senior Forensic Technician respe ctively, with no change in salary range; to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 566 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 566 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40722 - PASSED 7-0 25. Ord. (1) to approve an agreement between the City of Omaha and the Bellevue Police Department in the amount of five thousand one hundred and twelve dollars ($5,112); and (2) to authorize funding for such agreement from the City of Omaha’s FY 2015 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods): Category 3, grant award #2015-GP-BX-0005, awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); for specialized overtime operations in partnership with the Sarpy County Sheriff’s Office, State of Nebra ska Probation Office – District 2, and the State of Nebraska Parole Administration; 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. (See Doc. # 567 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. - 12 - CCID # 567 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40723 - PASSED 7-0 26. Ord. (1) to approve an agreement between the City of Omaha and the State of Nebraska Probation Office – District 4A in the amount of two thousand eight hundred dollars ($2,800); and (2) to authorize funding for such agreement from the City of Omaha’s FY 2015 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods): Category 3, grant award #2015-GP-BX-0005, awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); for proactive specialized overtime 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. (See Doc. # 568 – April 26 and May 3 Meetings) Notice of public hearing on May 3, 2016 published in the Daily Record on April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily Record on May 18, 2016. CCID # 568 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President ORDINANCE # 40724 - PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 27 through 32 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 27. Res. that, as recommended by the Mayor, the Supplemental Agreement #2 to the Professional Services Agreement with HGM Associates, Inc. to provide additional construction engineering services for HSIP-133-2(112), State Control No. 22336, and OPW 51496, being intersection improvements to N-133 (90th Street) and N-64 (Maple Street), is hereby approved; and that, the Finance Department is authorized to pay a fee not to exceed an additional $26,986.79, to be paid from the 2010 Transportation Fund 13183, Transportation Bonds Organization 117117 – see attached. - 13 - Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 636 - ADOPTED 7-0 28. Res. that, as recommended by the Mayor, Amendment No. 1 to the Professional Services Agreement with HDR Engineering, Incorporated for construction phase services on OPW 52553, being the Missouri River Wastewater Treatment Plant Solids Processing Building Project, is hereby approved; and that, the Finance Department is authorized to pay the additional fee not to exceed $84,769.00 for these services to be paid from Sewe r Revenue Improvements Fund 21124, Capital Asset Replacement Program Organization 116913 as a part of the 2016 - 2021 Environment Capital Improvement Program Project # 501 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 637 - ADOPTED 7-0 29. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to American Concrete Products for the purchase of sewer manhole construction items to be utilized by the Sewer Maintenance Division in the amount of $47,375.00; and that the Finance Department is authorized to pay the cost of this purchase from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2016 funding – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 638 - ADOPTED 7-0 AGENDA ITEM NO. 30 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCIL MEMBER GERNANDT 30. Res. that, the quote of Sean Negus Construction, LLC for the demolition of 2332 - 2334 South 20 Street, in the amount of $68,000.00 is accepted and award is made to Sean Negus Construction, LLC. The amount of this award shall be paid from General Funds Demolition 2015; and, that the Purchasing Agent be authorized to issue a purchase order to Sean Negus Construction, LLC for the demolition of 2332-2334 South 20 Street, in the amount of $68,000.00 – see attached. Jay Davis, Assistant City Planning Director, appeared and spoke. - 14 - Motion by Gernandt that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 639 – ADOPTED 7-0 31. Res. that, as recommended by the Mayor, the attached Agreement between the City of Omaha, Nebraska, on behalf of the Omaha Police Department and the Metro Drug Task Force, and Kevin T. Donlan to provide intelligence analyst services for the Metro Drug Task Force is hereby approved, such term of this agreement being for one year beginning April 1, 2016 to March 30, 2017, with the option for two one-year extensions, and shall be in effect for such time as Midwest HIDTA funds are provided to the City of Omaha through the Office of National Drug Control Policy, in an amount not to exceed $3,633.33 per month, and that the Finance Department is authorized to pay the cost of the services from the High Intensity Drug Trafficking Area (HIDTA) grant, Fund 12155, Organization 130723 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 640 - ADOPTED 7-0 32. Res. that the appointment by Mayor Stothert of Ervin L. Portis as a member of the Library Board to serve a three-year term, commencing on July 1, 2016, and expiring three years thereafter, be and hereby is confirmed and approved – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 655 - ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * APPEAL RE: BID REJECTION 33. Linda Swain, representing Swain Construction, Inc., appeals the rejection of their bid of March 30, 2016 for the “OPW 52650 180th – 192nd & Pacific Street, Right Turn Lanes” Project – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO ALLOW OR DENY THE APPEAL, AND IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)) - 15 - CCID # 651 – Motion by Jerram to allow the appeal to be withdrawn Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President Motion Carried 7-0 (a) Communication from Linda Swain, President, Swain Construction, Inc., withdrawing their appeal of the rejection of their bid on OPW 52650 – see attached. # 651 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 34 THROUGH 40 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 34. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a R7- Medium-Density Multiple-Family Residential District, located at 3078 Mason Street, to approve the Development Plan, and to provide for an effective date – see attached. (See Doc. # 603 – May 3 Meeting) CCID # 603 – ORDINANCE ON SECOND READING – Final reading to be held May 17, 2016 as per City Charter requirements. 35. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a R6- Low-Density Multiple-Family Residential District, located at 809 South 31st Street, to approve the Development Plan, and to provide for an effective date – see attached. (See Doc. # 606 – May 3 Meeting) CCID # 606 – ORDINANCE ON SECOND READING – Final reading to be held May 17, 2016 as per City Charter requirements. 36. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a R8- High-Density Multiple-Family Residential District, located Northwest of 51st and Mayberry Streets, to approve the Development Plan, and to provide for an effective date – see attached. (See Doc. # 609 – May 3 Meeting) CCID # 609 – ORDINANCE ON SECOND READING – Final reading to be held May 17, 2016 as per City Charter requirements - 16 - 37. Ord. to rezone property located at 9421 “Q” Street from CC-Community Commercial District to GC-General Commercial District. (See Doc. # 613 – May 3 Meeting) CCID # 613 – ORDINANCE ON SECOND READING – Final reading to be held May 17, 2016 as per City Charter requirements. 38. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 9421 “Q” Street; and to provide for an effective date – see attached. (See Doc. # 614 – May 3 Meeting) CCID # 614 – ORDINANCE ON SECOND READING – Final reading to be held May 17, 2016 as per City Charter requirements. 39. Ord. to approve a Development Agreement for property located at 9421 “Q” Street between the City of Omaha and Inter-Tech Collision Centers, providing site development standards; and to provide for an effective date – see attached. (See Doc. # 616 – May 3 Meeting) CCID # 616 – ORDINANCE ON SECOND READING – Final reading to be held May 17, 2016 as per City Charter requirements. 40. Ord. to rezone property located at 2829 North 204th Street from CC-Community Commercial District and LI-Limited Industrial District to LI-Limited Industrial District. (See Doc. # 617 – May 3 Meeting) CCID # 617 – ORDINANCE ON SECOND READING – Final reading to be held May 17, 2016 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCE ON SECOND READING and Planning Board Attachment 41. Ord. vacating all of Center Street east of 2nd Street to the railroad right -of-way adjacent on the south to Lots 11 & 12, Block 455, and adjacent on the north to Lots 8, 9, and 10, Block 460, Original City of South Omaha Lots, in the City of Omaha; and providing the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 622 – May 3 Meeting) CCID # 622 – Public hearing was held today – Final reading set for May 17, 2016 as per City Charter requirements. - 17 - (a) Planning Board and Planning Department recommend approval of the vacation of Center Street from 2nd Street east to the railroad right-of-way – see attached. (See Doc. # 622 – May 3 Meeting) # 622 – Over to 5/17/16 ORDINANCE ON SECOND READING 42. Ord. approving a redevelopment agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska and Habitat for Humanity of Omaha, Inc., a Nebraska Non -Profit Corporation, to implement the King Science Neighborhood Redevelopment Plan and declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant and improved properties located in the King Science Neighborhood Redevelopment Plan Area, an area generally defined by Sahler Street on the north, Pratt Street on the south, Florence Boulevard on the east, and 24th Street on the west, for acquisition, relocation as appropriate, demolition of structures, preparation of sites, and subsequent use as sites for implementing the King Science Neighborhood Redevelopment Plan, which proposes construction o f new single-family and multi-family housing; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; project costs will be paid by Habitat for Humanity of Omaha, Inc. with no financial obligation of the City of Omaha, as provided for in the redevelopment agreement; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 623 – May 3 Meeting) CCID # 623 – Public hearing was held today – Final reading set for May 17, 2016 as per City Charter requirements. “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 43 THROUGH 45 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 43. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a R6 District, located at 3034 Marcy Street, to approve the Development Plan, and to provide for an effective date – see attached. CCID # 641 – Publication to be made and public hearing and third reading to be held on May 24, 2016 as per City Charter requirements. - 18 - (a) Planning Board and Planning Department recommend approval of a PUR-Planned Unit Redevelopment Overlay District in a R6 District, located at 3034 Marcy Street – see attached. # 641 – Over to 5/24/16 44. Ord. to rezone property located South of 63rd Street and West Center Road from MH-Mobile Home Residential District and GI-General Industrial District to MU- Mixed Use District (portions of this property lie within the Flood Fringe Overlay District). CCID # 645 – Publication to be made and public hearing and third reading to be held on May 24, 2016 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located South of 63rd Street and West Center Road from MH and GI to MU (portions of this property lie within the Flood Fringe Overlay District) – see attached. # 645 – Over to 5/24/16 45. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for property located South of 63rd Street and West Center Road between the City of Omaha and 6300 Arbor Street, LLC, providing site development standards; and to provide for an effective date – see attached. CCID # 646 – Publication to be made and public hearing and third reading to be held on May 24, 2016 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a Major Amendment to the Mixed Use District Development Agreement for Aksarben Village South to allow for a 236 unit apartment complex and 372 stall parking garage, located South of 63rd Street and West Center Road – see attached. # 646 – Over to 5/24/16 * * * * * * * * * * * * * - 19 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 46 THROUGH 50 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 46. Ord. approving a redevelopment agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska and Seventy-Five North Revitalization Corporation, a Nebraska Non-Profit Corporation, to implement the Highlander-Seventy-Five North Redevelopment Plan and declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant and improved properties located in the Highlander- Seventy-Five North Redevelopment Plan Area, an area generally defined by Parker Street, Lake Street, U.S. 75 North/North Freeway, and 33 rd Street, for acquisition, relocation as appropriate, demolition of stru ctures, preparation of sites, and subsequent use as sites for implementing the Highlander-Seventy-Five North Redevelopment Plan, which proposes construction of new single-family and multi-family housing and other community facilities and amenities; provide d that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; project costs will be paid by Seventy-Five North Revitalization Corporation with no financial obligation of the City of Omaha, as provided for in the redevelopment agreement; and to provide the effective date hereof – see attached. CCID # 648 – Publication to be made and public hearing to be held on May 17, 2016 as per City Charter requirements. 47. Ord. to approve an Amendment to the Redevelopment Agreement between the City of Omaha and Zone 5, LLC, a Nebraska limited liability company, and ZONE 5 OFFICE, LLC, a Nebraska limited liability company (collectively, the “Developer”) to remove an approximately .706 acre parcel from the approved Redevelopment Plan area, legally described as Lot 3, Replat 15, Aksarben Village and commonly known as 6737 Frances Street, to allow the parcel to be part of the Aksarben Village Zone 5 Hilton Garden Inn Tax Increment Financing (TIF) Redevelopment Project Plan and Agreement; and to legally describe the remaining development property as Lots 1 and 7, Aksarben Village Replat 11, and Lots 1 and 2, Aksarben Village Replat 15, each a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska, including any adjacent right of way; all other terms and conditions contained in the Redevelopment Agreement not amended hereby, shall remain in full force and effect; and providing for an effective date – see attached. CCID # 649 – Publication to be made and public hearing to be held on May 17, 2016 as per City Charter requirements. - 20 - 48. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and CFM Realty Advisors, LLC, a Nebraska limited liability company, to implement the Aksarben Village Zone 5 Hilton Garden Inn Tax Increment Financing (TIF) Redevelopment Project Plan for a project site legally described as Aksarben Village Replat 15, Lot 3 (commonly known as 6737 Frances Street), which proposes the redevelopment of approximately .706 acres into a new, 5-story Hilton Garden Inn Hotel with ground floor retail and hotel amenity space; the agreement authorizes the use of up to $2,791,251.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date – see attached. CCID # 652 – Publication to be made and public hearing to be held on May 17, 2016 as per City Charter requirements. 49. Spec. Ord. approving the Omaha Downtown Improvement District Association 2016/2017 W ork Plan and Budget, which includes the 2015/2016 Highlights, the 2015/2016 Progress Report, Stakeholder Engagement and Research, and 2016/2017 Work Plan, Budget and Program Summary for the Omaha Downtown Improvement District Association (ODIDA) and levying a special tax and assessment on all lots and pieces of real estate within B usiness Improvement District No. 6874 in the City of Omaha in the amount of $428,002.92; such assessment shall cover the costs anticipated by the Business Improvement District for March 2016 to February 2017 and contemplated by Ordinance No. 37504 which was approved by the City Council of the City of Omaha on October 3, 2006, and reauthorized by Ordinance No. 38957 approved on March 8, 2011; and to provide an effective date therein – see attached. CCID # 654 – Publication to be made and public hearing to be held on May 17, 2016 as per City Charter requirements. 50. Ord. 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 - 156, at 20567 Park Road, as requested by Michael D. Oestmann of the City of Omaha, Public Works, Facilities Management; and to provide the effective date hereof – see attached. CCID # 650 – Publication to be made and public hearing to be held on May 17, 2016 as per City Charter requirements. * * * * * * * * * * * * * - 21 - CHAIRMAN OF THE BOARD OF EQUALIZATION 51. Chairman of the Board of Equalization reports approval of Plan of Assessment at their regular meeting held May 3, 2016 – see attached. ((MOTION NEEDED TO APPROVE)) CCID # 653 – Motion by Festersen that the report be approved Seconded by Thompson ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President Motion Carried 7-0 EXECUTIVE SESSION 52. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MAY 10, 2016 LEGISLATIVE CHAMBERS – 2:00 P.M. – PREPARED MAY 9, 2016 AT 11:00 A.M. ADDITIONAL RESOLUTIONS 53. Res. that the nomination and appointment by Mayor Jean Stothert of Jeffrey Beals as a member of the Administrative Appeals Board for a three -year term which shall commence on May 6, 2016 and expire on May 5, 2019, be and hereby is confirmed – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Melton that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 667 - ADOPTED 7-0 54. Res. that the appointment by Mayor Jean Stothert of Michael N. Gorman as a second alternate member of the Zoning Board of Appeals to serve a five -year term which shall commence on May 6, 2016 and expire five years thereafter on May 5, 2021, be and hereby is confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) - 22 - Motion by Melton that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 668 - ADOPTED 7-0 55. Res. that, the appointment by Mayor Jean Stothert of Paula I. Steenson of the Downtown Omaha Inc. to be a member of the Downtown Business I mprovement Area Board to serve from May 13, 2016 until her term shall expire on May 12, 2021, is hereby confirmed by the City Council – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Melton that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President RESOLUTION # 669 - ADOPTED 7-0 * * * * * * * * * * * * * Motion by Festersen that the meeting be adjourned Seconded by Melton ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President Motion Carried 7-0 ADJOURNED: 2:23 P.M * * * * * * * * * * * * * I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on May 10, 2016. WITNESS: s/Sherri Brown s/Buster Brown CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 12TH DAY OF MAY 2016.