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2014-04-08j12th REGULAR OMAHA CITY COUNCIL MEETING APRIL 8, 2014 THE CITY COUNCIL met in Regular Session on Tuesday, April 8, 2014 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 Pete Festersen. ROLL CALL 1. City Clerk calls the roll. CCID # 428 – Present: Melton, Pahls, Thompson Gernandt, Gray, Jerram, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Chris Jerram of District No. 3. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on April 4, 2014, notice re: Pre-Council and Regular City Council Meetings, April 8, 2014. CCID # 429 – 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 RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. - 2 - ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone the property located at 2102 South 105th Street from R1 -Single- Family Residential District (Large Lot) to R2-Single-Family Residential District (Low Density) – over from 4/1/14 and continue the public hearing. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE PASSED TODAY)) (See Doc. # 268 – February 25, March 4, March 11, March 25 and April 1 Meetings) Notice of public hearing on March 11, 2014 published in the Daily Record on February 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Doug Kellner, representing the applicant, Thompson, Dreessen & Dorner, 10836 Old Mill Road Protestant: Robert Cochran, 2110 South 105th Street CCID # 268 – Motion by Thompson that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39956 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2102 South 105th Street from R1 to R2 – over from 4/1/14 – see attached. (See Doc. # 268 – February 25, March 11, March 25 and April 1 Meetings) # 268 – From Chair on File 6. Res. that the preliminary plat entitled PULLEN PLACE, located at 2102 South 105th Street, along with the attached condition, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 4/1/14 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 269 – February 25, March 11, March 25 and April 1 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Doug Kellner, representing the applicant, Thompson, Dreessen & Dorner, 10836 Old Mill Road Protestant: Robert Cochran, 2110 South 105th Street - 3 - Motion by Thompson that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 269 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of PULLEN PLACE, but DENIAL of a waiver of Section 53-9(9) of the Omaha Municipal Code regarding Sidewalks, located at 2102 South 105th Street – Inside City – over from 4/1/14 – see attached. (See Doc. # 269 – February 25, March 11, March 25 and April 1 Meetings) # 269 – From Chair on File 7. Res. that the replat transmitted herewith entitled PULLEN PLACE, located at 2102 South 105th Street, is hereby approved, and concurrently a portion of the existing plat entitled Mullen’s Addition to Rockbrook, and described on said replat, is hereby vacated – Inside City – over from 4/1/14 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 270 – February 25, March 11, March 25 and April 1 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Doug Kellner, representing the applicant, Thompson, Dreessen & Dorner, 10836 Old Mill Road Protestant: Robert Cochran, 2110 South 105th Street Resolution read Motion by Thompson that the Resolution be ADOPTED AS AMENDED Seconded by Gernandt ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 270 – ADOPTED AS AMENDED 7-0 (a) Amendment requested by the Planning Department – see attached. # 270 – Motion by Thompson that the Amendment be approved Seconded by Jerram ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 - 4 - (b) Planning Board and Planning Department recommend approval of the Final Plat of PULLEN PLACE, located at 2102 South 105th Street – Inside City – over from 4/1/14 – see attached. (See Doc. # 270 – February 25, March 11, March 25 and April 1 Meetings) # 270 – From Chair on File 8. Res. that, the Subdivision Agreement between the City of Omaha and Bill Pullen and Jean Pullen, husband and wife, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Pullen Place (Lots 1-3) and is located at 2102 South 105th Street – over from 4/1/14 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 274 – February 25, March 11, March 25 and April 1 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Doug Kellner, representing the applicant, Thompson, Dreessen & Dorner, 10836 Old Mill Road Protestant: Robert Cochran, 2110 South 105th Street Motion by Thompson that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 274 – ADOPTED 7-0 9. Ord. to rezone property located west of 204th Street and north and south of Blue Sage Parkway from AG-Agricultural District to DR-Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 376 – March 25 and April 1 Meetings) Notice of public hearing on April 8, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. Brian Doyle, Fullenkamp, Doyle & Jobeun, 11440 West Center Road, appeared and spoke. CCID # 376 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39957– PASSED 7-0 - 5 - 10. Ord. to rezone property located west of 204th Street and north and south of Blue Sage Parkway from AG-Agricultural District to R4-Single Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 377 – March 25 and April 1 Meetings) Notice of public hearing on April 8, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. CCID # 377 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39958 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located west of 204th Street and north and south of Blue Sage Parkway from AG -Agricultural District to DR-Development Reserve District and R4-Single Family Residential District (High-Density) – see attached. (See Doc. # 377 – March 25 Meeting) # 377 – From Chair on File 11. Res. that the plat entitled WINDGATE RANCH II, located west of 204 th Street and north and south of Blue Sage Parkway, is hereby approved and accepted – Outside City – over from 3/25/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 378 –March 25 Meeting) Resolution read Motion by Gray that the Resolution be ADOPTED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 378 – ADOPTED AS AMENDED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of WINDGATE RANCH II, a subdivision outside the city limits, located west of 204th Street and north and south of Blue Sage Parkway – Outside City – over from 3/25/14 – see attached. (See Doc. # 378 – March 25 Meeting) # 378 – From Chair on File - 6 - (b) Amendment requested by the Public Works Department – see attached. # 378 – Motion by Gray that the Amendment be approved Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 12. Res. that, the Subdivision Agreement among the City of Omaha, PACIFIC WINDGATE II LLC, a Nebraska corporation, The WINDGATE II Owners Association, and Sanitary and Improvement District (S.&I.D.) 557 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 Windgate Ranch II (Lots 1-265 and Outlots A-W) and is located east of 204th Street, north and south of Blue Sage Parkway – over from 3/25/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 379 –March 25 Meeting) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 379 – ADOPTED 7-0 13. Ord. to rezone property located Northwest of 204th and Harrison Streets from AG-Agricultural District to R4-Single Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 380 – March 25 and April 1 Meetings) Notice of public hearing on April 8, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. CCID # 380 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39959 – PASSED 7-0 - 7 - 14. Ord. to rezone property located Northwest of 204th and Harrison Streets from R6-Low Density Multiple Family Residential District to DR-Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 381 – March 25 and April 1 Meetings) Notice of public hearing on April 8, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. CCID # 381 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39960 – PASSED 7-0 15. Ord. to rezone property located Northwest of 204th and Harrison Streets 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. # 382 – March 25 and April 1 Meetings) Notice of public hearing on April 8, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. CCID # 382 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39961 – PASSED 7-0 16. Ord. to rezone property located Northwest of 204th and Harrison Streets from MU-Mixed Use District to R4-Single Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 383 – March 25 and April 1 Meetings) Notice of public hearing on April 8, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. - 8 - CCID # 383 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39962 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone properties located Northwest of 204th and Harrison Streets from AG-Agricultural District, R6-Low Density Multiple Family Residential District and MU-Mixed Use District to DR-Development Reserve District and R4-Single Family Residential District (High-Density) – see attached. (See Doc. # 383 – March 25 Meeting) # 383 – From Chair on File 17. Res. that the plat entitled COVENTRY RIDGE, located Northwest of 204th and Harrison Streets, is hereby approved and accepted – Outside City – over from 3/25/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 384 –March 25 Meeting) Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 384 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of COVENTRY RIDGE, a subdivision outside the city limits, located Northwest of 204th and Harrison Streets – Outside City – over from 3/25/14 – see attached. (See Doc. # 384 – March 25 Meeting) # 384 – From Chair on File - 9 - 18. Res. that, the Subdivision Agreement among the City of Omaha, Coventry Ridge, LLC, Coventry Ridge Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 524 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, sewer connection to the Omaha Sanitary Sewer System, and payment to the District from the ASIP fund for improvements to Harrison Street, is hereby approved. The Subdivision is to be known as Coventry Ridge (Lots 1-37 and Outlot A) and is located northwest of 204th and Harrison Streets – over from 3/25/14 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 385 –March 25 Meeting) Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 385 – ADOPTED 7-0 19. Ord. to amend the official records, logs, and plats of the City of Omaha in accordance with Chapter 27 and 34 of the Omaha Municipal Code to provide for the following changes in street names: a) 210th Street changes to Spence Drive, from Harrison Street north to Washington Street; b) Washington Street changes to Spence Drive, from Spence Drive, northeast to Coventry Drive; c) 209th Avenue changes to Jefferson Street, from Washington Street northwest to George B. Lake Parkway; d) Spence Drive changes to 210 th Street, from Washington Street north to George B. Lake Parkway; e) Spence Drive changes to 209th Street, from Washington Street southeast to approximately 125 feet south of vacated Jefferson Street; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 386 – March 25 and April 1 Meetings) Notice of public hearing on April 8, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. CCID # 386 – Motion by Gray that the Ordinance be passed Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39963 – PASSED 7-0 - 10 - (a) Planning Department recommends approval of the street renaming of five street segments in the Coventry Addition: 210th Street, Washington Street, 209th Avenue, and Spence Drive – see attached. (See Doc. # 386 – March 25 Meeting) # 386 – From Chair on File RESOLUTIONS RE: PRELIMINARY PLAT, PLAT AND SUBDIVISION AGREEMENT 20. Res. that the preliminary plat entitled ELK RIDGE REPLAT 7, located East of Elk Ridge Drive and Seward Street, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Larry Jobeun, Attorney for the applicant, 11440 West Center Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 434 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of ELK RIDGE REPLAT 7, located East of Elk Ridge Drive and Seward Street – Outside City – see attached. # 434 – From Chair on File 21. Res. that the replat transmitted herewith entitled ELK RIDGE REPLAT 7, located East of Elk Ridge Drive and Seward Street, is hereby approved, and concurrently a portion of the existing plat entitled Elk Ridge Replat One, and described on said replat, is hereby vacated – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Larry Jobeun, Attorney for the applicant, 11440 West Center Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 435 – ADOPTED 7-0 - 11 - (a) Planning Board and Planning Department recommend approval of the Final Plat of ELK RIDGE REPLAT 7, located East of Elk Ridge Drive and Seward Street – Outside City – see attached. # 435 – From Chair on File 22. Res. that, the Subdivision Agreement between the City of Omaha and Charleston Homes, LLC, a Nebraska Corporation, as recommended by the Mayor, providing for the Watershed Management fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Elkhorn Village Replat 1 (Lot 1 and Outlot D) and is located east of 209th and Cleveland Streets – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Larry Jobeun, Attorney for the applicant, 11440 West Center Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 436 – ADOPTED 7-0 LIQUOR 23. CATERING – Kum & Go, LC, dba “Kum & Go #348”, 12011 Blondo Street. New application, Old location. Property posted: 03-18-14; No notification sent. Presently holds a Package Liquor License – over from 4/1/14 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) (See Doc. # 417 – April 1 Meeting) Jarod Richardson, Kum & Go, appeared and spoke. Motion by Melton that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 417 – ADOPTED 7-0 - 12 - 24. CLASS “C” – Minabella Beauty Resort, LLC, dba “Minabella Beauty Resort”, 364- 368 North 114th Street. New application, New location. Property posted: 03-17- 14; Notification sent: 03-28-14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Chad Kreitler, Minabella Beauty Resort, appeared and spoke. Application read Motion by Thompson that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 430 – ADOPTED AS AMENDED 7-0 (a) Communication from Ming Ton Kreitler, President of Minabella Beauty Resort, LLC, dba “Minabella Beauty Resort”, 364 -368 North 114th Street for a Class “C” Liquor License, requesting to amend the application to correct the area to be licensed from 101’ x 129’ to 16’ x 26’ known as the VIP area – see attached. # 430 – Motion by Thompson that the Amendment be approved Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 25. PACKAGE – MSM Petroleum, LLC, dba “N Petro”, 5203 NW Radial Hwy. New application, New location. Property posted: 03-27-14; Notification sent: 03-28- 14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Arshad Nazir, 2305 “R” Street, Lincoln, NE Protestant: Cathy Kubicek For the City: Buster Brown, City Clerk Motion by Gray that the Resolution to GRANT be adopted with the stipulation that there be no sales of single containers less than 32 ounces of beer and 375 milliliters of liquor Seconded by Melton ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 431 – ADOPTED 7-0 - 13 - 26. Hilton Worldwide, Inc., dba “Hilton Omaha”, 1001 Cass Street, requests permission to appoint Gordon A. Humbert manager of their present Class “C” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Gordon Humbert, General Manager, Hilton Omaha, appeared and spoke. CCID # 432 – Motion by Melton that the request be approved Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 27. Veterans F W St Mihiel #247, dba “Veteran FW 247”, 3302 Leavenworth Street, requests permission to appoint Jack A. Manzer manager of their present Class “C” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jack Manzer, 1044 South 25th Street, appeared and spoke. CCID # 433 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, 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 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. 28 through 33 were held on April 1, 2014.) - 14 - CONSENT AGENDA – ORDINANCES 28. Ord. to accept the bid from Tree Barn for grounds maintenance at the Papillion Creek Wastewater Treatment Plant in the amount of $25,900.00 yearly with sole option by the City to extend the price agreement on a mont h to month basis for two additional one-year periods; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. (See Doc. # 387 – March 25 and April 1 Meetings) Notice of public hearing on April 1, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. CCID # 387 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39964 – PASSED 7-0 29. Ord. to accept the bid of Dana Enterprises, Inc. in the amount of $35,553.00 for seasonal rubbish container service for park maintenance during the 2014 park season for the Parks, Recreation, and Public Property Department for a one y ear period beginning April 1, 2014 and ending March 31, 2015, and to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date. The City of Omaha reserves the right to extend this contract for one (1) additional year – see attached. (See Doc. # 388 – March 25 and April 1 Meetings) Notice of public hearing on April 1, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. CCID # 388 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39965 – PASSED 7-0 30. Ord. to accept the bid of Deffenbaugh Industries, Inc. in the amount of $31,832.50 for portable chemical restroom service for park maintenance during the 2014 park season for the Parks, Recreation, and Public Property Department for a one-year period beginning April 1, 2014 and end ing April 30, 2015, and to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date – see attached. (See Doc. # 389 – March 25 and April 1 Meetings) - 15 - Notice of public hearing on April 1, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. CCID # 389 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39966 – PASSED 7-0 31. Ord. approving a bid from ABM Janitorial Services for janitorial cleaning service at six Omaha Public Library facilities (W. Dale Clark Library, Milton R. Abrahams Branch, Willa Cather Branch, Bess Johnson Elkhorn Branch, Millard Branch, and W. Clarke Swanson Branch) in accordance with the lowest and best bid submitted meeting specifications, for a period of two years, commencing upon approval; to authorize payments of approximately $147,284.00 annually; and to provide an effective date – see attached. (See Doc. # 390 – March 25 and April 1 Meetings) Notice of public hearing on April 1, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. CCID # 390 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39967 – PASSED 7-0 (a) Communication from Dan Beckmann, BMI Janitorial Group, re: the bid for janitorial services at six Omaha Public Libraries – over from 4/1/14 – see attached. (See Doc. # 390 – April 1 Meeting) # 390 – From Chair on File 32. Ord. approving a bid from Exclusive Janitorial & Final Cleaning Service, LLC, for janitorial cleaning service at four Omaha Public Library facilities (Benson Branch, Florence Branch, A. V. Sorensen Branch, and Charles B. Washington Branch) in accordance with the lowest and best bid submitted meeting specifications, for a period of two years, commencing upon approval; to authorize paym ents of approximately $31,610.00 annually; and to provide an effective date – see attached. (See Doc. # 391 – March 25 and April 1 Meetings) Notice of public hearing on April 1, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. - 16 - CCID # 391 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39968 – PASSED 7-0 33. Ord. (1) to approve an Agreement between the City of Omaha and Boys & Girls Clubs of the Midlands in the amount of thirty four thousand seven hundred forty one dollars ($34,741); and (2) to authorize funding for such agreement from the City of Omaha’s 2012 Office of Violence Prevention Grant, award #12 -VP-5004, awarded by the Nebraska Crime Commission on Law Enforcement and Criminal Justice, Office of Violence Prevention; to provide funding for the employment of a South Omaha Gang Specialist position, in order to further the goals and objectives of the Omaha Gang Violence Prevention Strategy Phase 3 (OGVPS) in a collaborative partnership; to authorize payment from such grant funding a nd 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 – see attached. (See Doc. # 392 – March 25 and April 1 Meetings) Notice of public hearing on April 1, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. CCID # 392 – Motion by Gernandt that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President ORDINANCE # 39969 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 34 through 41 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.) - 17 - CONSENT AGENDA – RESOLUTIONS 34. Res. that the appointment by Mayor Jean Stothert of Diane K. Duren to be a member of the MECA’s Board of Directors to serve a five-year term commencing on May 10, 2014, and expiring May 9, 2019, is hereby confirmed and approved – over from 4/1/14 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 427 – April 1 Meeting) Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 427 – ADOPTED 7-0 35. Res. that, as recommended by the Mayor, the contract with Brunow Contracting for OPW 52185, being Riverview Pump Station flood damage repairs, in the amount of $59,500.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the FEMA Fund 12122, Operating Grant Organization 132038, year 2014 expenditures – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 437 – ADOPTED 7-0 36. Res. that, as recommended by the Mayor, the contract with Next Phase Environmental for OPW 52613-SP, being Creighton Prep bioretention project in the amount of $142,087.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Storm Water Management Plan Program Fund 12143, Storm Water Management Plan Program Organization 128026, year 2014 expenditures – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 438 – ADOPTED 7-0 - 18 - 37. Res. that, as recommended by the Mayor, the Agreement with the Omaha Public Power District (OPPD) regarding the construction of street lighting facilities and a ductline system within the proposed alignment for the reconstruction of Blondo Street from Eldorado Drive to approximately 153rd Street, as a nonparticipating alternate to the project known as MAPA-5127(2), State Control No. 22376A and OPW 52288, currently estimated to cost $1,335,867 to be initially paid from the City Capital Improvements Fund 13112, City Capital Improvements Organization 131555, with the actual construction costs to be reimbursed to the City by OPPD, is hereby approved – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 439 – ADOPTED 7-0 38. Res. that, as recommended by the Mayor, the Agreement with Sanitary & Improvement District No. 206 of Douglas County (S&ID 206) for the repair of a Sanitary Sewer Outfall line, located in the vicinity of 144th Street and West Dodge Road, is hereby approved; and that the Finance Department is authorized to pay a cost share toward this project in an amount not to exceed $60,000.00 from the 2010 Transportation Bond Fund 13183, Organization 117117 – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 440 – ADOPTED 7-0 39. Res. that, as recommended by the Mayor, the purchase order to Rainwater Management Solutions Inc. for the procurement of an automated rainwater harvesting system for use in the Omaha Fire Stat ion No. 61 demonstration project, located at 11111 I Street, in accordance with Section 5.16 of the Home Rule Charter of 1956 for the purchase of unique or non -competitive items, is hereby approved; and that, the Finance Department is authorized to pay the cost of $30,453.00 from the Stormwater Management Plan Program Fund 12143, Stormwater Management Plan Program Organization 128026, year 2014 expenditure – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 441 – ADOPTED 7-0 - 19 - 40. Res. that, as recommended by the Mayor, the contract with Anderson Excavating to complete the “CDBG Site Prep for Urban Gardens Project” which consist of tree and debris removal at various locations in the Prospect Village Neighborhood in the amount of $99,858.00, is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2014 C ommunity Development Block Grant Program, Fund No. 12186, Organization No. 128072 – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 442 – ADOPTED 7-0 41. Res. that the attached Agreement between the City of Omaha and the Blair Volunteer Fire and Rescue Department is approved; and, be it further resolved that as recommended by the Mayor and Finance Director, the donation of the GEMS T PASS equipment, unusable for City purposes as provided in Section 5.21 of the Home Rule Charter will be provided to the Blair Volunteer Fire and Rescue Department in exchange for the use of two TFT Jumb o Ball Intake Valves, is hereby approved – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Res. # 443 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCE ON FINAL READING 42. 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 2013-03 – see attached. ((PUBLIC HEARING HELD 4/1/14 – CAN BE PASSED TODAY)) (See Doc. # 393 – March 25 and April 1 Meetings) Notice of public hearing on April 1, 2014 published in the Daily Record on March 28, 2014. Ordinance passed on April 8, 2014 published in the Daily Record on April 16, 2014. - 20 - CCID # 393 – Special Ordinance read Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President SPECIAL ORDINANCE # 10167 – PASSED AS AMENDED 7-0 (a) Amendment requested by the Public Works Department – see attached. # 393 – Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARING ON AGENDA ITEM NO. 43 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCE ON SECOND READING 43. Ord. to rezone properties located Northwest of 10th Street and Capitol Avenue from DS-Downtown Service District to CBD-Central Business District. (See Doc. # 402 – April 1 Meeting) CCID # 402 – ORDINANCE ON SECOND READING – Final reading to be held on April 15, 2014 as per City Charter requirements. * * * * * * * * * * * * * - 21 - ORDINANCES ON SECOND READING 44. Ord. approving 21 individual Agreements between the City of Omaha, Nebraska and various farm operators within Cass, Dodge, Otoe, Sarpy and Washington Counties in 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 these operators 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, 2014 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. ((PUBLIC HEARING TODAY)) (See Doc. # 404 – April 1 Meeting) CCID # 404 – Public hearing was held today – Final reading set for April 15, 2014 as per City Charter requirements. 45. 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- 182 at 6060 Coventry Drive as requested by Joseph Carter of AVG -CFM 204Q, LLC; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 408 – April 1 Meeting) CCID # 408 – Public hearing was held today – Final reading set for April 15, 2014 as per City Charter requirements. 46. Spec. Ord. levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18 -21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha , Group No: 2014-03 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 420 – April 1 Meeting) CCID # 420 – Public hearing was held today – Final reading set for April 15, 2014 as per City Charter requirements. - 22 - 47. Spec. Ord. levying a special tax assessment for the removal of litter in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha, Group No: 2014 -04 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 421 – April 1 Meeting) CCID # 421 – Public hearing was held today – Final reading set for April 15, 2014 as per City Charter requirements. 48. Spec. Ord. levying a special tax assessment for removal and/or trimming of trees, bushes, shrubs, hedges, and any other vegetation in accordance with Sections 37-1 through 37-95 of the Omaha Municipal Code of the City of Omaha, Group No: 2014-05 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 422 – April 1 Meeting) CCID # 422 – Public hearing was held today – Final reading set for April 15, 2014 as per City Charter requirements. “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 49 THROUGH 51 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 49. Ord. to rezone the property located Northwest of 13th and Nicholas Streets from HI-Heavy Industrial District to CBD-Central Business District. CCID # 448 – Publication to be made and public hearing and third reading to be held on April 22, 2014 as per City Charter requirements. 50. Ord. to amend the boundaries of the ACI-1(PL)-Area of Civic Importance Overlay District, to incorporate into that district the property located Northwest of 13th and Nicholas Streets; and to provide for an effective date – see attached. CCID # 449 – Publication to be made and public hearing and third reading to be held on April 22, 2014 as per City Charter requirements. - 23 - (a) Planning Board and Planning Department recommend approval of a request to rezone the property located Northwest of 13th and Nicholas Streets from HI to CBD and approval of an ACI-1(PL) Overlay District – see attached. # 449 – Over to 04/22/14 51. Ord. to rezone the property located at 4129 Lake Street from GI -General Industrial District to R5-Urban Family Residential District. CCID # 450 – Publication to be made and public hearing and third reading to be held on April 22, 2014 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 4129 Lake Street from GI to R5 – see attached. # 450 – Over to 04/22/14 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 52 THROUGH 55 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 52. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and The Capitol District, LLC, a Nebraska limited liability company, to implement the Capitol District Tax Increment Financing (TIF) Redevelopment Project Plan which contemplates the redevelopment of an area consisting of approximately 5.86 acres of land bordered by 10 th Street, Capitol Avenue, 12th Street and Interstate 480, including the adjacent public right-of-way of Davenport Street and 11th Street, and which proposes an urban mixed -use redevelopment project anchored by a full-service hotel and the development of other buildings, structures and improvements, which may include uses such as multi-family residential housing, residential and commercial condominiums, structured parking, office, retail and entertainment; the agreement authorizes the use of up to $35,000,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date – see attached. CCID # 444 – Publication to be made and public hearing to be held on April 15, 2014 as per City Charter requirements. - 24 - 53. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 4227 Burdette Street, and legally described in the attached purchase agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2014 Action Plan; provided that as to each specified parcel which cannot be obtained by negotiations, proceedings in eminent domain may be undertaken and completed for the purpose of clearing title; to provide that notwithstanding any provisions of the Omaha Munici pal Code to the contrary, the attached Agreement between the City of Omaha and Ruth Carmichael, 4231 Burdette Street, Omaha, NE, to acquire the property for the sum of Four Thousand Five Hundred and 00/100 Dollars ($4,500.00) is approved; project costs will be paid from Community Development Block Grant, Fund 12186, Organization No. 128072, Project No. 4501, Task 10.1440, Award 100184; and to provide the effective date hereof – see attached. CCID # 445 – Publication to be made and public hearing to be held on April 15, 2014 as per City Charter requirements. 54. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 2627 Grant Street, and legally described in the attached purchase agreement, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2014 Action Plan; provided that as to each specified parcel which cannot be obtained by negotiations, 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 Dana White, 3242 Bedford Avenue, Omaha, NE, to acquire the property for the sum of One Dollar and 00/100 Dollars ($1.00) is approved; project costs will be paid from Community Development Block Grant, Fund 12186, Organization No. 1280 72, Project No. 4501, Task 10.1440, Award 100184; and to provide the effective date hereof – see attached. CCID # 446 – Publication to be made and public hearing to be held on April 15, 2014 as per City Charter requirements. - 25 - 55. 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 Agreement with Jacob D. Koster and Shea L. Wilkinson, 2123 Locust Street, Omaha, NE 68110, to convey the property described in the attached agreement, located on a portion of the lot located at 2121 Locust Street, in consideration of the sum of Seven Hundred Seventy-Five and 00/100 Dollars ($775.00); there are no expenses associated with the transfer of the property; and to provide the effective date hereof – see attached. CCID # 447 – Publication to be made and public hearing to be held on April 1 5, 2014 as per City Charter requirements. * * * * * * * * * * * * * CHAIRMAN OF THE BOARD OF EQUALIZATION 56. Chairman of the Board of Equalization reports approval of the Plans of Assessment, with adjustments and corrections made, at their regular meeting held April 1, 2014 – see attached. ((MOTION NEEDED TO APPROVE)) CCID # 451 – Motion by Gernandt that the report be approved Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram, Mr. President Motion Carried 7-0 EXECUTIVE SESSION 57. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Motion by Gernandt that the meeting be adjourned Seconded by Gray ROLL CALL: Yeas: Melton, Pahls, Thompson, Gernandt, Gray, Jerram Mr. President Motion Carried 7-0 ADJOURNED: 2:32 P.M. - 26 - 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 April 8th, 2014. WITNESS: _______________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 10th DAY OF APRIL, 2014.