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2017-01-31jWHENEVER 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. 3RD REGULAR CITY COUNCIL MEETING JANUARY 31, 2017 THE CITY COUNCIL met in Regular Session on Tuesday, January 31, 2017 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Ben Gray. ROLL CALL 1. City Clerk calls the roll. CCID # 130 – Present: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Absent Entire Meeting: Thompson 2. Pledge of Allegiance. 3. Invocation by Councilmember Pete Festersen of District No. 1. CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the C ity of Omaha on January 27, 2017, notice re: Pre-Council and Regular City Council Meetings, January 31, 2017. CCID # 131 – From Chair on File A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. - 2 - ORDINANCES ON FINAL READING & RESOLUTION RE: BONDS 5. Ord. authorizing and approving a Lease Purchase Agreement (the “Agreement”) between the City of Omaha Public Facilities Corporation (the “Corporation”) and the City of Omaha, Nebraska (the “City”), a copy of which Agreement is attached hereto as Exhibit A and incorporated herein by this reference, to provide funds for the lease-purchase of certain real property rights in a upscale convention hotel facility (the “Project”) constructed adjacent to the City’s convention center; authorizing and approving a Site Lease Agreement (the “Site Lease”) between the Corporation and the City for the leasing of the reversion right in and to the Project of the City to the Corporation, a copy of which Site Lease is attached hereto as Exhibit B and incorporated herein by this reference; approving an Indenture of Trust (the “Indenture”) between the Corporation and First National Bank of Omaha, as Trustee and Paying Agent, a copy of which Indenture is attached hereto as Exhibit C and incorporated herein by this reference; approving the terms and conditions of the Corporation’s not to exceed $140,000,000.00 Lease Revenue Bonds (the “Bonds”), to be issued in one or more separate series as set forth in the Indenture and the issuance and delivery thereof; delegating authority to the City’s Finance Director to determine the final price, interest rates, principal amount, tax status and redemption provisions for the Bonds; and satisfying applicable federal income tax law requirements and approving the effective date hereof – see attached. ((PUBLIC HEARING HELD 1/24/17 – CAN BE PASSED TODAY)) (See Doc. # 79 - January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 79 – Ordinance read a. Amendment of the Whole requested by the Finance Department – see attached. # 79 – Motion by Festersen that the Amendment of the Whole be PASSED AS AMENDED Second by Melton ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41023 – PASSED AS AMENDED 6-0 - 3 - 6. Ord. approving a second supplemental indenture of trust (the “indenture”) by and between the City of Omaha Convention Hotel Corporation (the “corporation”) and BOKF, National Association, as trustee, a copy of which indenture is attached hereto as exhibit A and incorporated herein by this reference; approving the terms and conditions of the corporation’s not to exceed $140,000,000.00 convention center hotel second tier revenue refunding bonds, series 2017 (the “series 2017 bonds”) as set forth in the indenture and preliminarily the issuance and delivery thereof for the purpose of refunding certain of the corporation’s outstanding bonded indebtedness; affirming the city’s approva l of the formation of and the articles of incorporation of the corporation as a public benefit corporation acting on behalf of the city; delegating authority to the city’s finance director to determine the final taxable and tax-exempt series, prices, interest rates, principal amounts and redemption provisions for the series 2017 bonds; and approving the effective date hereof – see attached. ((PUBLIC HEARING HELD 1/24/17 – CAN BE PASSED TODAY)) (See Doc. # 80 - January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 80 – Ordinance read a. Amendment of the Whole requested by the Finance Department – see attached. # 80 – Motion by Festersen that the Amendment of the Whole be PASSED AS AMENDED Second by Melton ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41024 – PASSED AS AMENDED 6-0 7. Res. approving, deeming final and authorizing the distribution of the Preliminary Official Statement pertaining to one or more series of lease revenue bonds of the City of Omaha Public Facilities Corporation; approving the form of a Bond Purchase Agreement pertaining to the issuance and sale of said bonds; and approving the form of a Letter Agreement pertaining to the continuing disclosure associated with the issuance of said bonds – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY) Motion by Festersen that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 158 - ADOPTED 6-0 - 4 - ZONING ORDINANCES ON FINAL READING AND Planning Board Attachments 8. Ord. to rezone property located northwest of 78th Street and Pawnee Road from AG-Agricultural District to DR-Development Reserve District (property is also located within an existing ED-Environmental Overlay District). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 25 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. Mark Westergard, E&A Consulting Group, 10909 Mill Valley Road, appeared and spoke. CCID # 25 – Motion by Jerram that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41025 - PASSED 6-0 a. Planning Board and Planning Department recommend approval of a request to rezone property located northwest of 78th Street and Pawnee Road from AG to DR (property is also located within an existing ED - Environmental Overlay District) – see attached. (See Doc. # 25 - January 10 Meeting) # 25 - From Chair on File - 5 - 9. Res. that, the preliminary plat entitled WINKELBAUER ESTATES, located northwest of 78th Street and Pawnee Road, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – over from 1/10/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 26 - January 10 Meeting) Mark Westergard, E&A Consulting Group, 10909 Mill Valley Road, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 26 - ADOPTED 6-0 a. Planning Board and Planning Department recommend approval of the Preliminary Plat of WINKELBAUER ESTATES, located northwest of 78th Street and Pawnee Road – Outside City – over from 1/10/17 – see attached. (See Doc. # 26 - January 10 Meeting) # 26 - From Chair on File 10. Res. that, the plat entitled WINKELBAUER ESTATES, located northwest of 78th Street and Pawnee Road, is hereby approved and accepted – Outside City – over from 1/10/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 27 - January 10 Meeting) Mark Westergard, E&A Consulting Group, 10909 Mill Valley Road, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 27 - ADOPTED 6-0 a. Planning Board and Planning Department recommend approval of the Final Plat of WINKELBAUER ESTATES, located northwest of 78th Street and Pawnee Road – Outside City – over from 1/10/17 – see attached. (See Doc. # 27 - January 10 Meeting) # 27 - From Chair on File - 6 - 11. Res. that, the Subdivision Agreement between the City of Omaha and Barry G. Winkelbauer and Claire Winkelbauer, private parties, as recommended by the Mayor, providing for the Watershed Management fees and Parks fees, is hereby approved. The Subdivision is to be known as Winkelbauer Estates (Lot 1 and Outlot A) and is located northwest of 78th Street and Pawnee Road – over from 1/10/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 57 - January 10 Meeting) Mark Westergard, E&A Consulting Group, 10909 Mill Valley Road, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 57 - ADOPTED 6-0 12. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 3303 North 108th Street; and, to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 28 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 28 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41026 - PASSED 6-0 a. Planning Board and Planning Department recommend approval of a MCC- Major Commercial Corridor Overlay District for the property located at 3303 North 108th Street – see attached. (See Doc. # 28 - January 10 Meeting) # 28 - From Chair on File - 7 - 13. Ord. to rezone property located south of Hickory Street between 127th and 129th Streets from DR-Development Reserve District and R4-Single-Family Residential District (High Density) to DR-Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 29 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on Ja nuary 31, 2017 published in the Daily Record on February 8, 2017. Kellen Heideman, Olsson Associates, 2111 South 67 th Street, appeared and spoke. CCID # 29 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41027 - PASSED 6-0 14. Ord. to rezone property located south of Hickory Street between 127th and 129th Streets from R4-Single-Family Residential District (High Density) to R4-Single- Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 30 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. Kellen Heideman, Olsson Associates, 2111 South 67 th Street, appeared and spoke. CCID # 30 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41028 - PASSED 6-0 a. Planning Board and Planning Department recommend approval of a request to rezone property located south of Hickory Street between 127th and 129th Streets from DR-Development Reserve District and R4-Single- Family Residential District (High Density) to DR-Development Reserve District and R4-Single-Family Residential District (High Density) – see attached. (See Doc. # 30 - January 10 Meeting) # 30 - From Chair on File - 8 - 15. Res. that, the replat transmitted herewith entitled STERLING RIDGE ESTATES, located south of Hickory Street between 127th and 129th Streets, is hereby approved, and concurrently a portion of the existing plat entitled Sterling Ridge, and described on said replat, is hereby vacated – Inside City – over from 1/10/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 31 - January 10 Meeting) Kellen Heideman, Olsson Associates, 2111 South 67 th Street, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 31 - ADOPTED 6-0 a. Planning Board and Planning Department recommend approval of the Final Plat of STERLING RIDGE ESTATES, a subdivision inside the city limits, located south of Hickory Street between 127th and 129th Streets – Inside City – over from 1/10/17 – see attached. (See Doc. # 31 - January 10 Meeting) # 31 - From Chair on File 16. Res. that, the Subdivision Agreement among the City of Omaha, Sweetbriar IV, LLC, a Nebraska limited liability company, and The Sterling Ridge Homeowners Association, as recommended by the Mayor, providing for the public improvements, Watershed Management fees, Interceptor Sewer fees, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Sterling Ridge Estates (Lots 1-9 and Outlots A-C) and is located south of Hickory Street between 127th and 129th Streets – over from 1/10/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 58 - January 10 Meeting) Kellen Heideman, Olsson Associates, 2111 South 67th Street, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 58 - ADOPTED 6-0 - 9 - 17. Ord. to approve a Major Amendment to a Mixed Use District Development Agreement for Stone Creek Plaza, to allow for land use changes to multiple family residential and for the plaza reconfiguration, located southwest of 156th and Fort Streets, between the City of Omaha and Stone Creek Plaza, LLC, providing site development standards; and, to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 32 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. Pat Hillyer, Lamp, Rynearson and Associates, 14710 West Dodge Road, appeared and spoke. CCID # 32 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41029 - PASSED 6-0 a. Planning Board and Planning Department recommend approval of a request of a Major Amendment to a Mixed Use District Development Agreement for Stone Creek Plaza, located southwest of 156th and Fort Streets – see attached. (See Doc. # 32 - January 10 Meeting) # 32 - From Chair on File 18. Ord. to rezone property located northeast of 168th and Ida Streets from AG - Agricultural District to DR-Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 53 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. Mark Johnson, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. CCID # 53 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41030 - PASSED 6-0 - 10 - 19. Ord. to rezone property located northeast of 168th and Ida Streets from AG - Agricultural District to R4-Single-Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 54 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. Mark Johnson, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. CCID # 54 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41031 - PASSED 6-0 a. Planning Board and Planning Department recommend approval of a request to rezone the property located northeast of 168th and Ida Streets from AG-Agricultural District to DR-Development Reserve District and R4- Single-Family Residential District (High Density) – Outside City – see attached. (See Doc. # 54 - January 10 Meeting) # 54 - From Chair on File - 11 - 20. Res. that, the plat entitled HIGHLAND HILLS (Lots 191 -381 and Outlots D-F), located northeast of 168th and Ida Streets, is hereby approved and accepted – Outside City – over from 1/10/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 55 - January 10 Meeting) Mark Johnson, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 55 - ADOPTED 6-0 a. Planning Board and Planning Department recommend approval of the Final Plat of HIGHLAND HILLS (Lots 191-381 and Outlots D-F), located northeast of 168th and Ida Streets – Outside City – over from 1/10/17 – see attached. (See Doc. # 55 - January 10 Meeting) # 55 - From Chair on File 21. Res. that, the Subdivision Agreement and Amendment to Subdivision Agreement among the City of Omaha, CR INVESTMENTS, INC, a Nebraska corporation, The Highland Hills Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 563 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, transfer of ownership and maintenance responsibilities of certain outlots, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision for the Agreement is to be known as Highland Hills (Lots 191-381 and Outlots D-F) and the Subdivision for the Amendment is to be known as Highland Hills (Lots 1 -190 and Outlots A-C), both of which are located northeast of 168th and Ida Streets – over from 1/10/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 59 - January 10 Meeting) Mark Johnson, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 59 - ADOPTED 6-0 - 12 - 22. Ord. to rezone property located northwest of 168th Street an d West Dodge Road from DR-Development Reserve District, MH-Mobile Home Residential District and MU-Mixed Use District to DR-Development Reserve District (property is also located within an ACI-4(PL) Overlay District and portions lie within the flood fringe overlay district). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 33 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. Larry Jobeun, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. CCID # 33 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41032 - PASSED 6-0 - 13 - 23. Ord. to rezone property located northwest of 168th Street and West Dodge Road from DR-Development Reserve District, MH-Mobile Home Residential District and MU-Mixed Use District to MU-Mixed Use District (property is also located within an ACI-4(PL) Overlay District and portions lie within the flood fringe overlay district). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 34 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. Larry Jobeun, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. CCID # 34 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41033 - PASSED 6-0 a. Planning Board and Planning Department recommend approval of a request to rezone property located northwest of 168th Street and West Dodge Road from DR-Development Reserve District, MH-Mobile Home Residential District and MU-Mixed Use District to DR-Development Reserve District and MU-Mixed Use District (property is also located within an ACI-4(PL) Overlay District and portions lie within the flood fringe overlay district) – see attached. (See Doc. # 34 - January 10 Meeting) # 34 - From Chair on File - 14 - 24. Ord. to approve a Major Amendment to the Mixed Use District Development Agreement for West Dodge Pointe, located northwest of 168th Street and West Dodge Road, between the City of Omaha and White Lotus Development, providing site development standards; and, to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 35 - January 10 and January 24 Meetings) Notice of public hearing on January 31, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. Larry Jobeun, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. CCID # 35 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41034 - PASSED 6-0 a. Planning Board and Planning Department recommend approval of a Major Amendment to the Mixed Use District Development Agreement for West Dodge Pointe, located northwest of 168th Street and West Dodge Road – see attached. (See Doc. # 35 - January 10 Meeting) # 35 - From Chair on File - 15 - 25. Res. that, the replat transmitted herewith entitled WEST DODGE POINTE REPLAT 2, located northwest of 168th Street and West Dodge Road, is hereby approved, and concurrently a portion of the existing plats entitled West Dodge Pointe and West Dodge Pointe Replat One, and described on said replat, are hereby vacated – (Partially Inside and Partially Outside the City Limits) – over from 1/10/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 36 - January 10 Meeting) Larry Jobeun, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 36 - ADOPTED 6-0 a. Planning Board and Planning Department recommend approval of the Final Plat of WEST DODGE POINTE REPLAT 2, a minor plat with portions partially inside and partially outside the city limits, located northwest of 168th Street and West Dodge Road – (Partially Inside and Partially Outside the City Limits) – over from 1/10/17 – see attached. (See Doc. # 36 - January 10 Meeting) # 36 - From Chair on File - 16 - 26. Res. that, the Subdivision Agreement among the City of Omaha, TriBedo, LLC, a Nebraska Limited Liability Company, The West Dodge Pointe Owners Association, and Sanitary and Improvement District (S.&I.D.) 538 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 know n as West Dodge Pointe Replat 2 (Lots 1, 2/2A, 3/3A, 4/4A, 5/5A, 6, 7, 8 and Outlot A) and is located northwest of 168th Street and West Dodge Road – over from 1/10/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 60 - January 10 Meeting) Larry Jobeun, Fullenkamp, Doyle and Jobeun, 11440 West Cen ter Road, appeared and spoke. Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 60 - ADOPTED 6-0 - 17 - RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENTS 27. Res. that, the preliminary plat entitled FURNITURE ROW 78 located at 119 North 72nd Street, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 1/10/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 11 - January 10 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Joe Dethlefs, Thompson, Dreessen and Dorner, 10836 Old Mill Road FOR THE CITY: James Thele, Planning Director Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 11 - ADOPTED 6-0 a. Planning Board and Planning Department recommend approval of the Preliminary Plat of FURNITURE ROW 78, a minor plat inside the city limits, located at 119 North 72nd Street – Inside City – over from 1/10/17 – see attached. (See Doc. # 11 - January 10 Meeting) # 11 - From Chair on File - 18 - 28. Res. that, the plat entitled FURNITURE ROW 78 located at 119 North 72nd Street, is hereby approved and accepted - over from 1/10/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 12 - January 10 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Joe Dethlefs, Thompson, Dreessen and Dorner, 10836 Old Mill Road FOR THE CITY: James Thele, Planning Director Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 12 - ADOPTED 6-0 a. Planning Board and Planning Department recommend approval of the Final Plat of FURNITURE ROW 78, a minor plat inside the city limits, located at 119 North 72nd Street – Inside City – over from 1/10/17 – see attached. (See Doc. # 12 - January 10 Meeting) # 12 - From Chair on File 29. Res. that, the Subdivision Agreement between the City of Omaha and Furniture Row USA, L.L.C., a Colorado Limited Liability Company F/K/A Visser Real Estate Investments, as recommended by the Mayor, providing for the Watershed Management fees, is hereby approved. The Subdivision is to be known as Furniture Row 78 (Lot 1) and is located at 119 North 72nd Street – over from 1/10/17 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 56 - January 10 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Joe Dethlefs, Thompson, Dreessen and Dorner, 10836 Old Mill Road FOR THE CITY: James Thele, Planning Director Motion by Festersen that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 56 - ADOPTED 6-0 - 19 - “PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEM NOS. 30 THROUGH 31 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” 30. Res. that, the replat transmitted herewith entitled LOCUST GLEN SECOND ADDITION, located northwest of 19th and Corby Streets, is hereby approved, and concurrently a portion of the existing plats entitled Locust Glen and Millard and Caldwell’s Addition, and described on said rep lat, is hereby vacated – Inside City – see attached. Notice of public hearing on February 14, 2017 published in the Daily Record on February 3, 2017. CCID # 142 – Over two weeks to February 14, 2017 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 LOCUST GLEN SECOND ADDITION, a subdivision inside the city limits, located northwest of 19th and Corby Streets – Inside City – see attached. # 142 – Over to 2/14/17 31. Res. that, the replat transmitted herewith entitled COUNTRY CLUB OAKS REPLAT 5, located southwest of 60th and State Streets, is hereby approved, and concurrently a portion of the existing plat entitled Country Club Oaks, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on February 14, 2017 published in the Daily Record on February 3, 2017. CCID # 146 – Over two weeks to February 14, 2017 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 COUNTRY CLUB OAKS REPLAT 5, a subdivision inside the city limits, located southwest of 60th and State Streets – Inside City – see attached. # 146 – Over to 2/14/17 * * * * * * * * * * * * * * - 20 - “PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEM NOS. 32 THROUGH 36 SHALL BE LAID OVER TWO WEEKS” 32. Res. that, the plat entitled WOOD VALLEY WEST, located southwest of 144th Street and Potter Parkway, is hereby approved and accepted – Outside City – see attached. CCID # 149 - Over two weeks to February 14, 2017 pursuant to City Council Rule VII E. a. Planning Board and Planning Department recommend approval of the Final Plat of WOOD VALLEY WEST, located southwest of 144th Street and Potter Parkway – Outside City – see attached. # 149 – Over to 2/14/17 33. Res. that, the Subdivision Agreement among the City of Omaha, Celebrity Homes, Inc., a Nebraska corporation, the Wood Valley West Townhome Owners Association, and Sanitary and Improvement District (S.&I.D.) 554 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 Wood Valley West (Lots 1-67 and Outlots A-F) and is located southwest of 144th Street and Potter Parkway – see attached. CCID # 150 - Over two weeks to February 14, 2017 pursuant to City Council Rule VII E. 34. Res. that, the plat entitled GINGER CREEK (Lots 1-3 and Outlot A), located southeast of 165th Street and West Maple Road, is hereby approved and accepted – Outside City – see attached. CCID # 154 - Over two weeks to February 14, 2017 pursuant to City Council Rule VII E. a. Planning Board and Planning Department recommend approval of the Final Plat of GINGER CREEK (Lots 1-3 and Outlot A), a subdivision outside the city limits, located southeast of 165th Street and West Maple Road – Outside City – see attached. # 154 – Over to 2/14/17 - 21 - 35. Res. that, the Subdivision Agreement among the City of Omaha, Gerald E. Palmer, a single person, and Sanitary and Improvement District (S.&I.D.) 478 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, 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 Ginger Creek (Lots 1 -3 and Outlot A) and is located southeast of 165th Street and West Maple Road – see attached. CCID # 155 - Over two weeks to February 14, 2017 pursuant to City Council Rule VII E. 36. Res. that, the Subdivision Agreement among the City of Omaha, CCO Estates, LLC, a Nebraska limited liability company, and the CCO Estates Home Owners Association, as recommended by the Mayor, providing for the Watershed Management fees, is hereby approved. The Subdivision is to be known as Country Club Oaks Replat 5 (Lots 1-6 and Outlots A-B) and is located southwest of 60th and State Streets – see attached. CCID # 147 - Over two weeks to February 14, 2017 pursuant to City Council Rule VII E. * * * * * * * * * * * * * * - 22 - SPECIAL USE PERMIT – SCRAP AND SALVAGE 37. Res. that, the Special Use Permit application submitted by Thomas Paltani for a Special Use Permit to allow Scrap and salvage services in a HI -Heavy Industrial District, located at 3701 Dahlman Avenue, Omaha, Nebraska, is hereby approved; and, the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has bee n reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 1/24/17 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 37 – January 10 and January 24 Meetings) Thomas Paltani, 3701 Dahlman Avenue, appeared and spoke. Motion by Gernandt that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 37 - ADOPTED 6-0 a. Planning Board and Planning Department recommend approval of a Special Use Permit to allow Scrap and salvage services in a HI District, located at 3701 Dahlman Avenue – over from 1/24/17 – see attached. (See Doc. # 37 – January 10 and January 24 Meetings) # 37 – From Chair on File - 23 - LIQUOR 38. CLASS “C” – Blue Legends Enterprises, Inc., dba “Blue Legends”, 2603 South 120th Street. New application, New location. Property posted: 01-18-17; Notification sent: 01-20-17 – 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: PROPONENTS: Marilyn Smith, Blue Legends, 2603 South 120th Street Linda Bacon-Diggs, Blue Legends, 2603 South 120th Street Motion by Melton that the Resolution to GRANT be adopted Seconded by Jerram ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 132 - ADOPTED 6-0 39. CLASS “I” – Smitty’s Garage – Omaha II, LLC, dba “Smitty’s Garage Burgers & Beer”, 7610 Dodge Street. New application, New location. Property posted: 01-18-17; Notification sent: 01-20-17 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Dakota Jenkins, Smitty’s Garage Burgers & Beer, 7610 Dodge Street, appeared and spoke. Motion by Festersen that the Resolution to GRANT be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 133 - ADOPTED 6-0 - 24 - 40. Tiger Tom’s, Inc., dba “Tiger Tom’s Pub”, 7103 Military Avenue , requests permission for an addition to their present Class “C” Liquor License location of an Outdoor area approx. 35’ x 28’ to the north. Property posted: 01 -18-17; Notification sent: 01-20-17 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Ryan Lynch, Tiger Tom’s Pub, 7103 Military Avenue, appeared and spoke. CCID # 134 - Motion by Gernandt that the request be approved contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained. Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 6-0 a. Communication from Michael W. Wilwerding, Chief Building Inspector, Permits & Inspection Division re: Tiger Tom’s, Inc., dba “Tiger Tom’s Pub”, 7103 Military Avenue, building permit requirement – see attached. # 134 - From Chair on File 41. Restaurants, Inc., dba “Stokes Grill & Bar”, 13615 California Street, requests permission for an addition to their present Class “I” Liquor License location of an area approx. 30’ x 63’ to the east. Property posted: 01 -18-17; Notification sent: 01-20-17 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Gale Carstens, 2126 North 160th Street, owner of Stokes Grill & Bar, appeared and spoke. CCID # 135 - Motion by Melton that the request be approved Seconded by Jerram ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 6-0 - 25 - CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 42 through 48 were held on January 24, 2017.) CONSENT AGENDA – ORDINANCES 42. Ord. vacating part of the South 86th Circle right-of-way abutting Lots 3 through 8, Block 0 of Loveland Acres, a Subdivision as surveyed, platted, and recorded in Douglas County, Nebraska; and, providing the effective date hereof – see attached. (See Doc. # 71 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 71 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41035 - PASSED 6-0 a. Planning Board and Planning Department recommend approval of the vacation of 86th Circle right-of-way from 2905 to 2926 South 86th Circle (abutting Lots 3-8, Loveland Acres) – Inside City – see attached. (See Doc. # 71 – January 10 and January 24 Meetings) # 71 - From Chair on File - 26 - 43. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 108th Street (Harrison to “Q” Streets) Improvement Project, identified as OPW 50416, providing that the City negotiate with property owners for land acquisitions, permanent easements, right of entries and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. (See Doc. # 72 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 72 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41036 - PASSED 6-0 44. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 168th Street Public Improvement from W. Dodge Road to Blondo Street Project, identified as OPW 52892, and 168th Street Public Improvement from Blondo Street to Maple Street Project, identified as OPW 52893; providing that the City negotiate with the property owners for land acquisition, permanent easements and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. (See Doc. # 73 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 73 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41037 - PASSED 6-0 - 27 - 45. Ord. to approve an agreement between the City of Omaha and the Nebraska State Patrol in the amount of four thousand eight hundred seventy-two dollars ($4,872.00); 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); to send up to two (2) program staff members to the 2017 Association of Firearm and Toolmark Examiners (AFTE) Training Seminar; 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. # 42 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 42 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41038 - PASSED 6-0 - 28 - 46. Ord. to approve and authorize an Agreement between the City of Omaha, a municipal corporation, and EB Jacobs, LLC (EBJ), a Pennsylvania Corporation, for services involving the payment of money from appropriations in more than one year in accordance with Sections 5.16 and 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide for payment to EB Jacobs, LLC for completing Police and Fire Department entry level and promotional testing for a term of three (3) years with the anticipated cost of the testing to be two hundred twenty-six thousand, eight hundred ninety-seven dollars ($226,897.00) in year one; one hundred sixty-six thousand, three hundred fifty-one dollars ($166,351.00) in year two; and two hundred four thousand, three hundred ninety-six dollars ($204,396.00) in year three, with the option of two one-year extensions; funds for this agreement will be paid from the budget of the Human Resources Department, with sixty-six thousand dollars ($66,000.00) for year one coming from the appropriations for fiscal year 2016 and the remaining from the years in question with funding from Fund No. 11111, Organization No. 105013; and, to provide for an effective date hereof – see attached. (See Doc. # 78 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 78 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41039 - PASSED 6-0 47. Ord. to repeal and delete Section 5 -346 of the Omaha Municipal Code in its entirety as heretofore existing; and, to provide the effective date thereof – see attached. (See Doc. # 37 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 37 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41040 - PASSED 6-0 - 29 - 48. Ord. to repeal and delete Sections 19 -31, 19-38, 19-50, 19-55, 19-66, 19-69, and 19-90 of the Omaha Municipal Code in their entirety; and, to provide the effective date thereof – see attached. (See Doc. # 38 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2017. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 38 – Motion by Melton that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41041 - PASSED 6-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 49 through 54 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 49. Res. that, as recommended by the Mayor, the contract with Melvin Sudbeck Homes, Inc., for the Cornerstone East-Phase I (Re-Bid) Project for the construction of four new houses in the Cornerstone East Neighborhood, 18th and Clark to Charles Streets, in the amount of $773,034.00 is hereby approved and the Finance Department is authorized to pay the cost of the Cornerstone East- Phase I (Re-Bid) Project from the 2014 HOME Investment Partnerships Program, Fund No. 12179, Organization No. 128101; 2014 Nebraska Affordable Housing Trust Fund No. 12141, Organization No. 128101; and 2016 HOME Investment Partnerships Program, Fund No. 12179, Organization No. 128071 – see attached. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 156 - ADOPTED 6-0 - 30 - 50. Res. that, the attached Agreement, as recommended by the Mayor, between the City of Omaha and the Housing Authority of the City of Omaha (OHA), 1805 Harney Street, Omaha, Nebraska 68102, for Continuum of Care Homeless Assistance Program funding in the amount of $175,824 .00 to be used to implement the Rental Assistance for the Chronically Homeless Program, is hereby approved. Funds in the amount of $175,824.00 shall be paid from the Continuum of Care Homeless Assistance Program Fund, Funding Year 2015 Fund 12196, Organization 128034, Grant # NE0039L7D011506 and that, the Mayor is authorized to approve all revisions to this Continuum of Care Program Grant Agreement except that revisions involving a change in the subrecipient, a change in the project site, or a change in the categor y of participants to be served shall require the prior approval of the City Council – see attached. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 137 - ADOPTED 6-0 51. Res. that, as recommended by the Mayor, the agreement in the total amount of $25,960.00 from Big Muddy Workshop to provide professional landscape architectural services related to Turner Boulevard Trail – Field Club Trail to South 36th Street, attached hereto and made a part hereof, is hereby accepted. The work includes, but is not limited to, providing professional landscape architectural services to develop construction documents (plans and specifications) for the trail. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the amount of $25,960.00 shall be paid from the 2014 Parks and Recreation Bond Fund No. 13356, Organization No. 117317, Parks and Cultures Bond, for the 2016 fiscal year – see attached. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 150 - ADOPTED 6-0 - 31 - 52. Res. that, as recommended by the Mayor, the additional funds to the agreement for hazardous materials inspections, in the total amount of $2,350.00 from Terracon, Inc., to furnish all labor, materials, and equipment necessary for the review and inspection of hazardous material removal for the demolition of the Civic Auditorium, 1804 Capitol Avenue, attached hereto and made a part hereof, is hereby accepted. The work includes, but is not limited to, furnish all labor, materials, and equipment necessary for the review and inspection of hazardous material removal. The Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in the amount of $2,350.00 shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355, Organization No. 117317, Parks and Cultures Bond, for the 2016 fiscal year – see attached. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 151 - ADOPTED 6-0 53. Res. that, as recommended by the Mayor, the purchase based upon the quote from Sirchie Vehicles in the amount of $184,509.49 pursuant to U.S. General Services Administration (GSA) government pricing #GS-07F-007DA SIN 426-4N, for a Mobile Crime Lab Vehicle for the Omaha Police Department Forensic Investigations Section, providing a unique and non -competitive service, and as provided in Chapter 5.16 of the Home Rule Charter 1956 as amended, is hereby approved, and that the Finance Department of the City of Omaha is authorized to pay $57,000.00 for the cost of the Mobile Crime Lab Van from the Omaha Police Department, Equitable Sharing Fund 17122, Organization 177 772, Project 5404, Task D.1, Award 100387, Account 47031 Vehicles Small Law Enforcement Only; and $127,509.49 from Year 2017, Police Department Grants Fund 12161, Organization 130803 Police Department Mini-Grants, Account 47031 Vehicles Small Law Enforcement Only – see attached. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 138 - ADOPTED 6-0 - 32 - 54. Res. that, as recommended by the Mayor, the bid of Keystone Turbine Services in the amount of $118,553.89, which represents the bid for the overhaul of one Police Department helicopter engine, being the lowest bid received within bid specifications, is hereby accepted and the same hereby approved; and that the Finance Department of the City of Omaha is authorized to pay the cost of the overhaul from Fiscal Year 2016, General Fund 11111, Organization 113182 Air Support Unit, Account 42237 Aviation Expense – see attached. Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 139 - ADOPTED 6-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 33 - ORDINANCES ON FINAL READING 55. Ord. to approve an amendment to an amended and restated parking lease agreement by and between the City of Omaha and First National Bank of Omaha regarding the Park Omaha 6 Garage located northeast of 17th and Capitol Streets, to increase the number of parking sp aces leased, specify the basic term of the lease agreement and the monthly rent for the additional spaces, identify the monthly rental rate for any extended terms in the amended and restated parking lease agreement, grant four additional renewal options of five years each; and, to provide an effective date – see attached. ((PUBLIC HEARING HELD 1/24/17 – CAN BE PASSED TODAY)) (See Doc. # 43 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2107. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 43 – Ordinance read Motion by Jerram that the Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41042 - PASSED AS AMENDED 6-0 a. Amendment requested by the Law Department – see attached. # 43 - Motion by Jerram that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 6-0 - 34 - 56. Ord. to approve an amendment to an amended and restated parking lease agreement by and between the City of Omaha and First National Bank of Omaha regarding the Park Omaha 7 Garage located northeast of 16th and Dodge Streets, to increase the number of parking spaces leased, specify the basic term of the lease agreement and the monthly rent for the additional spaces, identify the monthly rental rate for any extended terms in the amended and restated parking lease agreement; and, to provide an effective date – see attached. ((PUBLIC HEARING HELD 1/24/17 – CAN BE PASSED TODAY)) (See Doc. # 44 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2107. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 44 – Ordinance read Motion by Jerram that the Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President ORDINANCE # 41043 - PASSED AS AMENDED 6-0 a. Amendment requested by the Law Department – see attached. # 44 - Motion by Jerram that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 6-0 - 35 - 57. Spec. Ord. levying a special tax assessment for litter removal in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 2017-01) – see attached. ((PUBLIC HEARING HELD 1/24/17 – CAN BE PASSED TODAY)) (See Doc. # 39 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2107. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 39 – Special Ordinance read Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President SPECIAL ORDINANCE # 10204 - PASSED AS AMENDED 6-0 a. Amendment requested by the Parks, Recreation and Public Property Department – see attached. # 39 - Motion by Jerram that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 6-0 - 36 - 58. 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. 2017-02) – see attached. ((PUBLIC HEARING HELD 1/24/17 – CAN BE PASSED TODAY)) (See Doc. # 40 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2107. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 40 – Special Ordinance read Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President SPECIAL ORDINANCE # 10205 - PASSED AS AMENDED 6-0 a. Amendment requested by the Parks, Recreation and Public Property Department – see attached. # 40 - Motion by Jerram that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 6-0 - 37 - 59. Spec. Ord. levying a special tax assessment for cutting and clearing of 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. 2017-03) – see attached. ((PUBLIC HEARING HELD 1/24/17 – CAN BE PASSED TODAY)) (See Doc. # 41 – January 10 and January 24 Meetings) Notice of public hearing on January 24, 2017 published in the Daily Record on January 13, 2107. Ordinance passed on January 31, 2017 published in the Daily Record on February 8, 2017. CCID # 41 – Special Ordinance read Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President SPECIAL ORDINANCE # 10206 - PASSED AS AMENDED 6-0 a. Amendment requested by the Parks, Recreation and Public Property Department – see attached. # 41 - Motion by Jerram that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 6-0 - 38 - RESOLUTION 60. Res. that, the Grammercy Park-Bakers Place (NW Radial Hwy) CRA, located within Census Tract 55.00, Block Group 1, consisting of approximately 2.86 acres and generally bounded by Northwest Radial Highway on the north and east, Erskine Street on the south, and North 48th Street (both sides for a portion of the boundary) on the west, is hereby declared to meet the standards of a substandard and blighted area in need of redevelopment in compliance with the requirements of Nebraska Community Development Law and is hereby designated a community redevelopment area – over from 1/10/17 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 77 – January 10 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Lawrence Butler, 4803 Northwest Radial Highway FOR THE CITY: Don Seaton, Planning Department Motion by Melton that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 77 - ADOPTED 6-0 “PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 61 THROUGH 62 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 61. Ord. to rezone the property located at 10710 Corby Circle from DR -Development Reserve District to R6-Low Density Multiple Family Residential District. (See Doc. # 119 – January 24 Meeting) CCID # 119 – ORDINANCE ON SECOND READING – Final reading to be held February 7, 2017 as per City Charter requirements. - 39 - 62. Ord. to rezone the property located northeast of 195th and Polk Streets from DR- Development Reserve District and MU-Mixed Use District to MU-Mixed Use District. (See Doc. # 120 – January 24 Meeting) CCID # 120 – ORDINANCE ON SECOND READING – Final reading to be held February 7, 2017 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 63. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the Lumberyard District Project, identified as OPW 52766; providing that the City negotiate with the property owners for land acquisition, permanent easements and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 122 - January 24 Meeting) CCID # 122 – Public hearing was held today – Final reading set for February 7, 2017 as per City Charter requirements. 64. Ord. approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and 18th Street Omaha, LLC, a Nebraska limited liability company, to implement the World Hotel Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project located at 203 South 18th Street, which provides for the adaptive re -use and conversion of an older, vacant office building into a boutique hotel; the agreement authorizes the use of up to $1,900,000.00 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. ((PUBLIC HEARING TODAY)) (See Doc. # 123 - January 24 Meeting) CCID # 123 – Public hearing was held today – Final reading set for February 7, 2017 as per City Charter requirements. 65. 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. 2017 -04) – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 124 - January 24 Meeting) CCID # 124 – Public hearing was held today – Final reading set for February 7, 2017 as per City Charter requirements. - 40 - 66. Spec. Ord. levying a special tax assessment for cutting and clearing wee ds, 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. 2017-05) – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 125 - January 24 Meeting) Ella Willis, 4123 North 25th Avenue, appeared and spoke. CCID # 125 – Public hearing was held today – Final reading set for February 7, 2017 as per City Charter requirements. 67. 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. 2017-06) – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 126 - January 24 Meeting) CCID # 126 – Public hearing was held today – Final reading set for February 7, 2017 as per City Charter requirements. APPEAL RE: BID REJECTION 68. Mr. Dan Zimmerman, representing The Waldinger Corporation, appeals the rejection of their bid of December 21, 2016 for the "OPW 52751 Missouri River Wastewater Treatment Plant High-Pressure Biogas Compressor Replacement" Project – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO ALLOW OR DENY THE APPEAL, AND IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: PROPONENT: Dan Zimmerman, The Waldinger Corporation, 8802 South 121st Street FOR THE CITY: Heather Pierce, Public Works Department CCID # 140 – Motion by Melton that the appeal be denied Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 6-0 - 41 - “PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 69 THROUGH 76 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 69. Ord. to rezone the property located northwest of 19th and Corby Streets from R5- Urban Family Residential District and GC-General Commercial District to R5- Urban Family Residential District. CCID # 141 – Publication to be made and public hearing and third reading to be held on February 14, 2017 as per City Charter requirements. a. Planning Board and Planning Department recommend approval of a request to rezone property located northwest of 19th and Corby Streets from R5-Urban Family Residential District and GC-General Commercial District to R5-Urban Family Residential District – see attached. # 141 - Over to 2/14/17 70. Ord. to rezone an area bound by Emile/Jones Street on the north, 38th Avenue on the east, Leavenworth Street on the south and 42nd Street on the west from R7-Medium-Density Multiple-Family Residential District, GI-General Industrial District and CC-Community Commercial District to GO-General Office District (property is also located within an existing ACI-1 (PL)-Area of Civic Importance Overlay District). CCID # 143 – Publication to be made and public hearing and third reading to be held on February 14, 2017 as per City Charter requirements. a. Planning Board and Planning Department recommend approval of a request to rezone an area bound by Emile/Jones Street on the north, 38th Avenue on the east, Leavenworth Street on the south and 42nd Street on the west from R7, GI and CC to GO (property is also located within an existing ACI-1(PL)-Area of Civic Importance Overlay District) – see attached. # 143 - Over to 2/14/17 - 42 - 71. Ord. to rescind the PUD-Planned Unit Development Overlay District for the property located southwest of 60th and State Streets, originally enacted under City Council Document No. 5070 dated November 2, 1971; to rescind the Development Plan; and, to provide for an effective date – see attached. CCID # 144 – Publication to be made and public hearing and third reading to be held on February 14, 2017 as per City Charter requirements. a. Planning Board and Planning Department recommend approval of the request to repeal the PUD-Planned Unit Development Overlay District for property located southwest of 60th and State Streets – see attached. # 144 - Over to 2/14/17 72. Ord. to rezone property located southwest of 60th and State Streets from R6 - Low-Density Multiple-Family Residential District to R3-Single-Family Residential District (Medium Density). CCID # 145 – Publication to be made and public hearing and third reading to be held on February 14, 2017 as per City Charter requirements. a. Planning Board and Planning Department recommend approval of a request to rezone property located southwest of 60th and S tate Streets from R6 to R3 – see attached. # 145 - Over to 2/14/17 73. Ord. to rezone property located southwest of 144th Street and Potter Parkway from AG-Agricultural District to R4-Single-Family Residential District (High Density). CCID # 148 – Publication to be made and public hearing and third reading to be held on February 14, 2017 as per City Charter requirements. a. Planning Board and Planning Department recommend approval of a request to rezone property located southwest of 144th Street and Potter Parkway from AG to R4 – see attached. # 148 - Over to 2/14/17 - 43 - 74. Ord. to rezone property located southeast of 165th Street and West Maple Road from DR-Development Reserve District to R6-Low-Density Multiple-Family Residential District. CCID # 152 – Publication to be made and public hearing and third reading to be held on February 14, 2017 as per City Charter requirements. 75. Ord. to rezone property located southeast of 165th Street and West Maple Road from DR-Development Reserve District to MU-Mixed Use District (portions of the property lie within the flood fringe and floodway overlay district). CCID # 153 – Publication to be made and public hearing and third reading to be held on February 14, 2017 as per City Charter requirements. a. Planning Board and Planning Department recommend approval of a request to rezone property located southeast of 165th Street and West Maple Road from DR-Development Reserve District to R6-Low-Density Multiple-Family Residential District and MU-Mixed Use District (portions of the property lie within the flood fringe and floodway overlay district) – see attached. # 153 - Over to 2/14/17 76. Ord. to approve the Mixed Use District Development Agreement for Ginger Creek to allow for a new gas station and two (2) new office buildings, located southeast of 165th Street and West Maple Road, between the City of Omaha and Gerald E. Palmer, providing site development standards; and, to provide for an effective date – see attached. CCID # 156 – Publication to be made and public hearing and third reading to be held on February 14, 2017 as per City Charter requirements. a. Planning Board and Planning Department recommend approval of the Mixed Use District Development Agreement for Ginger Creek to allow for a new gas station and two (2) new office buildings, located southeast of 165th Street and West Maple Road – see attached. # 156 - Over to 2/14/17 * * * * * * * * * * * * * - 44 - “PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 77 THROUGH 78 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 77. Ord. to increase the previously contracted appropriations to Swanson Russell to an amount not to exceed five hundred thousand dollars ($500,000.00) per year for advertising and marketing services for the Omaha Convention and Visitors Bureau; to authorize the payments specified therein; and , to provide an effective date – see attached. CCID # 121 – Publication to be made and public hearing to be held on February 7, 2017 as per City Charter requirements. 78. Ord. to amend Section 23 - 177 of the Omaha Municipal Code by amending the pay range for the employment classification entitled City Comptroller by reassigning the salary range for the classification from 29 AEC ($98,000 .00 to $118,780.00) to 32 AEC ($111,037.00 to $132,248.00); to repeal Section 23 – 177 as heretofore existing; and, to provide the effective date hereof – see attached. CCID # 157 – Publication to be made and public hearing to be held on February 7, 2017 as per City Charter requirements. * * * * * * * * * * * * * - 45 - SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR JANUARY 31, 2017 LEGISLATIVE CHAMBERS – 2:00 P.M. – PREPARED JANUARY 30, 2017 AT 1:45 P.M. ADDITIONAL RESOLUTION 80. Res. that, as recommended by the Mayor, the attached bid of Finley Fire Equipment Company Inc. in the amount of eigh ty-seven thousand four hundred five dollars and zero cents ($87,405.00) for the purchase of one (1) 2000 Sutphen Rescue Pumper, is hereby approved; and, the Finance Department is authorized to pay the cost of such purchase from the BFY 2016 General Fund 11111, Fire Capital 114512, Large Fire Vehicles 47033 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Melton ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President RESOLUTION # 180 - ADOPTED 6-0 * * * * * * * * * * * * * EXECUTIVE SESSION 79. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation. Motion by Jerram that the meeting be adjourned Seconded by Festersen ROLL CALL: Yeas: Pahls, Festersen, Gernandt, Jerram, Melton, Mr. President Motion Carried 6-0 ADJOURNED: 2:54 P.M. * * * * * * * * * * * * * - 46 - 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 January 31, 2017. WITNESS: s/Sherri Brown s/Buster Brown CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT ON THE 2ND DAY OF FEBRUARY, 2017.