2017-09-19j
CITY OF OMAHA
28TH REGULAR CITY COUNCIL MEETING
SEPTEMBER 19, 2017
THE CITY COUNCIL met in Regular Session on Tuesday, September 19, 2017 at 2:00 P.M. in
the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to
Order by Council President Ben Gray.
____________________________________________________________________________
CALL TO ORDER
1. City Clerk Elizabeth Butler took the Roll Call
CCID # 1079 - Present: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr.
President
2. Council President Ben Gray led those present in the Pledge of Allegiance
3. Councilmember Brinker Harding of District No. 6 provided the invocation
CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT
4. City Clerk Elizabeth Butler certified publication in the Daily Record, the Official
Newspaper of the City of Omaha on September 15, 2017, notice of the Pre-Council and
Regular City Council Meetings, September 19, 2017 – CCID # 1080.
Ms. Butler stated that a current copy of the Open Meeting Act is posted in a white binder
on the east wall of the Legislative Chambers.
PRESENTATIONS AND PROCLAMATIONS
5. None
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PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS
Westbury Creek
6. ORD. 41250 – An ordinance to rezone property located southeast of 216th and “F”
Streets from AG-Agricultural District to R4-Single-Family Residential District (High
Density). The applicant is Richland Homes, LLC – (First Reading was held on August
29, 2017; Second Reading was held on September 12, 2017) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Notice of the public hearing on September 19, 2017 was published in the Daily
Record on August 29, 2017. Ordinance as approved on September 19, 2017
published in the Daily Record on September 27, 2017.
A. Planning Board and Planning Department recommend approval – see attached.
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
Motion by Harding that ORDINANCE # 41250 be approved
Seconded by Melton
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
7. Res. that, the Final Plat entitled Westbury Creek (Lots 1-174, Outlots A-F) (formerly
known as 216th and F – East), located southeast of 216th and “F” Streets, is hereby
approved and accepted. The applicant is Richland Homes, LLC – Outside City – held
over from the August 29, 2017 City Council Meeting for publication and notifications –
CCID 1032 – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
Motion by Harding that RESOLUTION # 1032 be approved
Seconded by Melton
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
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8. Res. that, the Subdivision Agreement among the City of Omaha, Richland Homes, LLC,
a Nebraska limited liability company, the Westbury Creek Homeowners Association, a
Nebraska nonprofit corporation, and Sanitary and Improvement District (S.&I.D.) 578 of
Douglas County, Nebraska, as recommended by the Mayor, providing for the public
improvements, 1% administrative fee, Interceptor Sewer Fee, Watershed Management
Fee, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby
approved. The subdivision is to be known as Westbury Creek (Lots 1-174 and Outlots
A-F) and is located southeast of 216th and “F” Streets - CCID 1033 – see attached.
(PUBLIC HEARING AND VOTE TODAY)
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
Motion by Harding that RESOLUTION # 1033 be approved
Seconded by Melton
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
Westbury Farm
9. ORD. 41248 – An ordinance to rezone properties located southwest of 216th and “F”
Streets from AG-Agricultural District to DR-Development Reserve District. The applicant
is Westbury Farm, LLC – (First Reading was held on August 29, 2017; Second Reading
was held on September 12, 2017) – see attached. (PUBLIC HEARING AND VOTE
TODAY)
Notice of the public hearing on September 19, 2017 was published in the Daily
Record on August 29, 2017. Ordinance as approved on September 19, 2017
published in the Daily Record on September 27, 2017.
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
Motion by Harding that ORDINANCE # 41248 be approved
Seconded by Melton
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
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10. ORD. 41249 – An ordinance to rezone properties located southwest of 216th and “F”
Streets from AG-Agricultural District to R4-Single-Family Residential District (High
Density). The applicant is Westbury Farm, LLC – (First Reading was held on August 29,
2017; Second Reading was held on September 12, 2017) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Notice of the public hearing on September 19, 2017 was published in the Daily
Record on August 29, 2017. Ordinance as approved on September 19, 2017
published in the Daily Record on September 27, 2017.
A. Planning Board and Planning Department recommend approval – see attached.
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
Motion by Harding that ORDINANCE # 41249 be approved
Seconded by Melton
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
11. Res. that, the Final Plat entitled Westbury Farm, located southwest of 216th and “F”
Streets, is hereby approved and accepted. The applicant is Westbury Farm, LLC –
Outside City – held over from the August 29, 2017 City Council Meeting for publication
and notifications – CCID 1031 – see attached. (PUBLIC HEARING AND VOTE
TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
Motion by Harding that RESOLUTION # 1031 be approved
Seconded by Melton
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
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12. Res. that, the Subdivision Agreement among the City of Omaha, Westbury Farm, LLC, a
Nebraska limited liability company, the Westbury Farm Homeowners Association, a
Nebraska nonprofit corporation, and Sanitary and Improvement District (S.&I.D.) 577 of
Douglas County, Nebraska, as recommended by the Mayor, providing for the public
improvements, 1% administrative fee, Interceptor Sewer Fee, Watershed Management
Fee, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby
approved. The subdivision is to be known as Westbury Farm (Lots 1-279 and Outlots A-
I) and is located southwest of 216th and “F” Streets - CCID 1027 – see attached.
(PUBLIC HEARING AND VOTE TODAY)
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Pat Hillyer, 14710 West Dodge Road, for the developer
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
Motion by Harding that RESOLUTION # 1027 be approved
Seconded by Melton
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEMS 13 AND 14
SHALL BE LAID OVER TWO WEEKS
Sagewood Pointe
13. Res. that, the Final Plat entitled Sagewood Pointe (Lots 1-80 and Outlots A-G), located
southeast of 180th and Fort Streets, is hereby approved and accepted. The applicant is
Celebrity Homes Omaha – Outside City – CCID 1095 – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
RES # 1095 – Over two weeks to October 3, 2017.
14. Res. that, the Subdivision Agreement among the City of Omaha, Celebrity Homes, Inc.,
a Nebraska corporation, the Sagewood Pointe Homeowners Association, and Sanitary
and Improvement District (S.&I.D.) 582 of Douglas County, Nebraska, as recommended
by the Mayor, providing for the public improvements, 1% administrative fee, Interceptor
Sewer Fee, Watershed Management Fee, Parks fees, interceptor sewer construction,
and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The
total cost of the interceptor sewer, currently estimated at $2,602,696.00, shall be paid
from Interceptor Sewer Construction Organization 116921, Fund 12133. The subdivision
is to be known as Sagewood Pointe (Lots 1-80 and Outlets A-F) and is located
southeast of 180th and Fort Streets – CCID 1096 – see attached.
RES # 1096 – Over two weeks to October 3, 2017.
* * * * * * * * * * * * * *
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LIQUOR
15. Class “E” (Entertainment District) Liquor License Application – Marcus Omaha, LLC, dba
“Omaha Marriott Downtown at The Capitol District”, 222 North 10th Street . (This is a
new application for an old location.) To coincide with the current Class “C/K” Liquor
License. Notice was posted on the property on 09/11/17; Notification was sent to
property owners within 500 feet on 09/08/17 – CCID 1092 – see attached. (PUBLIC
HEARING AND VOTE TODAY)
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Sean Kelley, 2804 South 87th Avenue, Attorney for the applicant
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
Motion by Jerram that RESOLUTION # 1092 be approved
Seconded by Festersen
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
16. Fox Den Properties, LLC, dba “Holiday Inn Express & Suites”, 17677 Wright Street,
requests permission to appoint Clark Anderson manager of their present Class “I” Liquor
License location – CCID 1093 – see attached. (PUBLIC HEARING AND VOTE
TODAY)
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Clark W. Anderson, Holiday Inn Express & Suites, 17677 Wright
Street
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
CCID # 1093 - Motion by Harding that the request be approved
Seconded by Melton
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
17. Suji’s Restaurant Group, LLC, dba “Suji’s Korean Grill”, 1303 South 72nd Street, Suites
101 & 102, requests permission to appoint Suji Park manager of their present Class “I”
Liquor License location – CCID 1094 – see attached. (PUBLIC HEARING AND VOTE
TODAY)
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PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Randy Eshelman, 3220 Farnam Street, Suite 2604
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
CCID # 1094 - Motion by Jerram that the request be approved
Seconded by Festersen
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
18. DVN, Inc., dba “Ko Zee Lounge”, 5813 North 60th Street, requests permission for a
Special Designated License for an outdoor band on September 30, 2017 from 8:00 P.M.
to 12:00 Midnight with music until 12:00 Midnight – CCID 1099 – see attached.
(PUBLIC HEARING AND VOTE TODAY)
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Nick Brown, Ko Zee Lounge, 5813 North 60th Street
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
CCID # 1099 - Motion by Festersen that the request be approved
Seconded by Harding
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
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CONSENT AGENDA
City Clerk Elizabeth Butler stated that any member of the City Council may cause any item
placed on the Consent Agenda to be removed. Items removed from the Consent Agenda shall
be taken up by the City Council immediately following the Consent Agenda in the order in which
they were removed unless otherwise provided by the City Council Rules of Order.
Council President Gray announced that the public hearings on Agenda Items 19 and 20 were
held on September 12, 2017.
CONSENT AGENDA – ORDINANCES
Motion by Melton that the CONSENT AGENDA – ORDINANCES be approved:
Item # 19 ORDINANCE # 41246; and,
Item # 20 ORDINANCE # 41247;
Seconded by Festersen
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
19. ORD. 41246 – An ordinance approving a redevelopment and tax increment financing
loan agreement between the City of Omaha, a Nebraska Municipal Corporation in
Douglas County, Nebraska, and Omaha Hotel Partners, LLC, a Missouri limited liability
company, to implement the Cambria Suites Hotel at the Yard Tax Increment Financing
(TIF) Redevelopment Project Plan for a project site located at 740 North 14th Street,
which proposes an upscale “lifestyle” hotel consisting of 128 rooms, 2,000 square feet of
meeting space, various hotel amenities, and 94 surface parking stalls for employees and
guests; the agreement authorizes the use of up to $2,237,000.00 in excess ad valorem
taxes (TIF) generated by the development to help fund the cost of the project; and,
providing for an effective date – (First Reading was held on August 29, 2017; Second
Reading and Public Hearing was held on September 12, 2017) – see attached.
Notice of the public hearing on September 12, 2017 was published in the Daily
Record on September 1, 2017. Ordinance as approved on September 19, 2017
published in the Daily Record on September 27, 2017.
20. ORD. 41247 – An ordinance to amend certain portions of various special levy
ordinances, to remove an assessment on property owned by the City of Omaha located
at 3325 North 36th Avenue, in the City of Omaha, Douglas County, Nebraska; and, to
provide an effective date thereof – (First Reading was held on August 29, 2017; Second
Reading and Public Hearing was held on September 12, 2017) – see attached.
Notice of the public hearing on September 12, 2017 was published in the Daily
Record on September 1, 2017. Ordinance as approved on September 19, 2017
published in the Daily Record on September 27, 2017.
* * * * * * * * * * * * * *
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Council President Gray announced that the public hearings on Agenda Items 21 through 33 are
today. He asked that anyone wishing to address the City Council regarding these items to
please come to the microphone, indicate the Agenda Item Number being addressed, and to
state your name, address, who you are representing, and if you are speaking as a proponent or
opponent.)
CONSENT AGENDA – RESOLUTIONS
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Tom Kelley, 8820 Arbor Street – Item # 33
OPPONENTS:
FOR THE CITY: Lieutenant Jay Leavitt, Omaha Police Department – Item # 32
No one else came forward, and the public hearing was closed.
Motion by Melton that the CONSENT AGENDA – RESOLUTIONS be approved:
Item # 21 RESOLUTION # 1082; Item # 22 RESOLUTION # 1085;
Item # 23 RESOLUTION # 1083; Item # 24 RESOLUTION # 1084;
Item # 25 RESOLUTION # 1086; Item # 26 RESOLUTION # 1097;
Item # 27 RESOLUTION # 1100; Item # 28 RESOLUTION # 1088;
Item # 29 RESOLUTION # 1087; Item # 30 RESOLUTION # 1089;
Item # 31 RESOLUTION # 1081; Item # 32 RESOLUTION # 1091; and,
Item # 33 RESOLUTION # 1098;
Seconded by Jerram
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
21. Res. that, as recommended by the Mayor, Amendment No. 3 to the Professional
Services Agreement with CDM Smith, Inc. to provide construction management services
for OPW 52472 (CSO), being the Burt Izard Lift Station Improvements Project, is hereby
approved; and that, the Finance Department is authorized to pay an additional
$1,694,161.00 for these services from the Sewer Revenue Improvements Fund 21124,
CSO Control Implementation Organization 116918. Sewer Revenue Bonds will be
issued to finance this project – CCID 1082 – see attached.
22. Res. that, as recommended by the Mayor, Change Order No. 2 with Mark VII
Enterprises for additional paint work on OPW 52700-D, being the Park One Misc.
Upgrades Project, is hereby approved; and that, the Finance Department is authorized
to pay an additional sum of $153,170.00 for this change order from the Parking Revenue
Fund 21116, Omaha Park One Organization 116243, year 2017 expenditure – CCID
1085 – see attached.
23. Res. that, as recommended by the Mayor, the agreement with OPPD for the relocation
of underground distribution facilities as a part of OPW 50677, being the 156th Street –
Pepperwood Drive to Corby Street Project, is hereby approved; and that, the Finance
Department is authorized to disburse funds from, and reimburse funds to, the 2014
Transportation Bond Fund 13184, Transportation Bonds Organization 117117, year
2017 expenditures, in the estimated amount of $649,127.88 – CCID 1083 – see
attached.
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24. Res. that, as recommended by the Mayor, the agreement with OPPD for the
construction of a manhole ductline system as a part of OPW 50677, being the 156th
Street – Pepperwood Drive to Corby Street Project, is hereby approved; and that, the
Finance Department is authorized to disburse funds from, and reimburse funds to, the
2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117 in
the estimated amount of $832,056.56 – CCID 1084 – see attached.
25. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue
a Purchase Order to Mid-American Signal in the amount of $300,000.00 for Wavetronix
radar vehicle detection sensors, hardware mountings, and related cabinet equipment to
be utilized by the Traffic Maintenance Division; and that, the Finance Department is
authorized to pay this cost from the Street and Highway Allocation Fund 12131, Street
Improvement Organization 116165, year 2017 expenditures – CCID 1086 – see
attached.
26. Res. that, as recommended by the Mayor, the City Council concurs with the bid award to
Graham Construction, Inc. for Project STPC-5011(8), State Control No. 22236, and
OPW 53115, being improvements to 114th Street – Pacific Street to Burke Street, in the
amount of $3,482,946.56, with the City's local share of $696,598.31 being paid from the
2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117,
2017 expenditures, in accordance with the approved program agreement with NDOT for
the project; and that, the City Council hereby authorizes the Mayor and City Clerk to sign
the construction contract on behalf of the City of Omaha, and that the Mayor and City
Clerk are also authorized to sign the attached NDOT documents – CCID 1097 – see
attached.
27. Res. that, pursuant to Section 39-1359 R.R.S. Neb., as amended by 2011 Legislative Bill
589, the City of Omaha hereby notifies the State of Nebraska that it accepts the duties
imposed by such law, and, if a claim is made against the state, shall indemnify, defend,
and hold harmless the State of Nebraska from all claims, demands, actions, damages,
and liability, including reasonable attorney’s fees, that may arise as a result of the
special event and temporary use of U.S. Highway 275/NE 92 from 13th Street east to
the Iowa border on September 24, 2017, between the hours of 7:15 A.M. and 8:30 A.M.,
for the entire route of the event, the Heartland Marathon – CCID 1100 – see attached.
28. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue
a Purchase Order to Karlyn Co. for the 4302 South 39 Avenue City of Omaha Exterior
Paint Stabilization Program Project; and that, the Finance Department is authorized to
pay $20,955.00 from the City of Omaha – U.S. EPA Cooperative Agreement Assistance
ID No. V-97748601 out of Lead Hazard Fund 12136, Organization 128017 – CCID 1088
– see attached.
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29. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue
a Purchase Order to Environmental Restoration, LLC for the 2028 North 48 Avenue,
2215 Larimore Avenue, 2306 Ellison Avenue, 2316 North 25 Street, 2453 North 45
Avenue, 2715 North 45 Street, 2813 North 15 Avenue, 2905 Pratt Street, 3021
Manderson Street, 3155 Meredith Avenue, 3511 Charles Street, 3518 Hamilton Street,
4809 Saratoga Street, 4922 North 27 Street, 5035 Maple Street City of Omaha Soil
Remediation Program Project; and that, the Finance Department is authorized to pay
$142,752.26 from the City of Omaha – U.S. EPA Cooperative Agreement Assistance ID
No. V-97748601 out of Lead Hazard Fund 12136, Organization 128104 – CCID 1087 –
see attached.
30. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue
a Purchase Order to Environmental Restoration, LLC for the 522 North 43 Street, 527
South 26 Avenue, 721 Pierce Street, 721 1/2 Pierce Street, 1020 South 52 Street, 1348
South 21 Street, 1909 Vinton Street, 2520 Hanscom Boulevard, 4723 South 17 Street,
5314 Western Avenue, 5503 Dodge Street, 5511 Jackson Street, 305 South 50 Avenue,
810 Worthington Street City of Omaha Soil Remediation Program Project; and that , the
Finance Department is authorized to pay $166,082.51 from the City of Omaha – U.S.
EPA Cooperative Agreement Assistance ID No. V-97748601 out of Lead Hazard Fund
12136, Organization 128104 – CCID 1089 – see attached.
31. Res. that, as recommended by the Mayor, the bid in the total amount of $40,599.00 from
Point Construction and Management to furnish all labor, materials and equipment
necessary for the construction of park improvements (including, but not limited to picnic
shelter construction, concrete sidewalks, and grading and seeding) located at Grace
Young, 6317 Military Avenue, Omaha, being the lowest and best bid received within bid
specifications, attached hereto and made a part of hereof, is hereby accepted. The
Purchasing Agent is authorized to issue a purchase order in conformance herewith; and
that, the Finance Department is authorized to pay the funds in the amount of $40,599.00
from the 2014 Parks and Recreation Fund No. 13356, Parks and Cultures Bond
Organization No. 117317 – CCID 1081 – see attached.
32. Res. that, as recommended by the Mayor, the bid of MacQueen Emergency Group in
the amount of $699,987.00, which represents the bid for a Mobile Command Center,
being the best bid received within bid specifications, is hereby accepted and the same
hereby approved; and that, the Finance Department of the City of Omaha is authorized
to pay $699,987.00 from Fund 12163, Organization 130803 Police Grants, Account
47031 Vehicles Small Law Enforcement Only. This line item will be reimbursed for this
purchase by a donation from the Omaha Police Foundation and Equitable Sharing
Funds – CCID 1091 – see attached.
33. Res. that, Thomas O. Kelley is hereby appointed by the City Council to the MECA Board
of Directors to serve the unexpired term of David Jacobson, who has resigned,
commencing upon approval of the City Council and ending on May 9, 2022 – CCID 1098
– see attached.
* * * * * * * * * * * * * *
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RESOLUTION
34. Res. that, as recommended by the Mayor, the Professional Services Agreement with E
& A Consulting Group, Inc. to provide professional services on OPW 53194, being the
Street Improvement District 6880: South 164th Street – Poppleton Avenue to Peterson
Drive Project, is hereby approved; and that, the Finance Department is authorized to pay
a fee not to exceed $40,734.00 from the Capital Special Assessment Fund 13573,
Special Assessments Organization 116168, year 2017 expenditures – held over from the
August 22, 2017 City Council Meeting - CCID 966 – see attached. (PUBLIC HEARING
AND VOTE TODAY)
A. Communications submitted by Susan Thomson – see attached.
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS:
OPPONENTS: Sylvia Bryan, 1283 South 164th Street
Linda Johnson, 1274 South 164th Street
Susan Thomson, 1282 South 164th Street
FOR THE CITY: Heather Tippey Pierce, Public Works Department
Cassie Paben, Mayor’s Office
No one else came forward, and the public hearing was closed.
Motion by Jerram that RESOLUTION # 966 be approved
Seconded by Pahls
ROLL CALL:
Yeas: Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
Pass: Harding
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEMS 35 THROUGH 37
SHALL BE HELD ON THE THIRD READING
PLANNING ORDINANCES ON SECOND READING AND PLANNING BOARD ATTACHMENTS
35. ORD. 41257 - An ordinance to rezone the property located northwest of 18th and
Jackson Streets from DS-Downtown Services District to CBD-Central Business District
(property is also located within an ACI-1(PL) Overlay District). The applicant is Island
1811, LLC – (First Reading was held on September 12, 2017; Third Reading and
Public Hearing will be held on September 26, 2017) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
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36. ORD. 41255 – An ordinance to rezone the property located southeast of 32nd and Burt
Streets from GO-General Office District to R5-Urban Family Residential District. The
applicant is Douglas County School District 001 – (First Reading was held on September
12, 2017; Third Reading and Public Hearing will be held on September 26, 2017) –
see attached.
A. Planning Board and Planning Department recommend approval – see attached.
37. ORD. 41256 – An ordinance to rezone the property located at 2914 and 2922 North 61st
Street from GI-General Industrial District to NBD-Neighborhood Business District. The
applicant is TACK Architects – (First Reading was held on September 12, 2017; Third
Reading and Public Hearing will be held on September 26, 2017) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
* * * * * * * * * * * * * *
ORDINANCES ON SECOND READING
38. ORD. 41252 – An ordinance approving an Agreement for the sale of City-owned real
property; to provide that notwithstanding any provisions of the Omaha Municipal Code to
the contrary, the City is authorized to enter into the attached Real Estate Purchase
Agreement with Willie Metcalf, 2314 North 21st Street, Omaha, Nebraska 68110, to
convey the property located at 2604 North 20th Street, described in the attached
agreement, in consideration of the sum of $2,000.00; there are no expenses associated
with the transfer of the property to Willie Metcalf; and, to provide the effective date
hereof – (First Reading was held on September 12, 2017; Third Reading will be held
on September 26, 2017) – see attached. (PUBLIC HEARING TODAY)
President Gray called for the public hearing to begin. No one came forward, and the
public hearing was closed.
39. ORD. 41253 – An ordinance approving a redevelopment and tax increment financing
loan agreement between the City of Omaha, a Nebraska Municipal Corporation in
Douglas County, Nebraska, and TKNEAS, LLC, Bohobooks, LLC, Bohosbest, LLC, and
Bohemian Village, LLC, Nebraska limited liability companies, to implement the
Bohemian Cafe Tax Increment Financing (TIF) Redevelopment Project Plan for a project
site located east and west of South 13th Street and south of William Street, which
proposes to preserve, repurpose and convert five different 1920’s era structures,
including the former Bohemian Cafe, into usable, modern commercial structures and
residential living; the agreement authorizes the use of up to $275,000.00 in excess ad
valorem taxes (TIF) generated by the development to help fund the cost of the project;
and, providing for an effective date – (First Reading was held on September 12, 2017;
Third Reading will be held on September 26, 2017) – see attached. (PUBLIC
HEARING TODAY)
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PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS:
OPPONENTS:
FOR THE CITY: Bridget Hadley, Planning Department
No one else came forward, and the public hearing was closed.
40. ORD. 41254 – An ordinance approving a redevelopment and tax increment financing
loan agreement between the City of Omaha, a Nebraska Municipal Corporation in
Douglas County, Nebraska, and 3820 Harney LLC, a Nebraska limited liability company,
to implement the Blackstone Depot Apartments Tax Increment Financing (TIF)
Redevelopment Project Plan for a project site located at 3812-3820 Harney Street,
which proposes to construct a new, five-story, 56 unit multi-family structure with a mix of
studios, one and two bedrooms and 23 indoor garage spaces at grade; the agreement
authorizes the use of up to $860,000.00 in excess ad valorem taxes (TIF) generated by
the development to help fund the cost of the project; and, providing for an effective date
– (First Reading was held on September 12, 2017; Third Reading will be held on
September 26, 2017) – see attached. (PUBLIC HEARING TODAY)
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS:
OPPONENTS:
FOR THE CITY: Bridget Hadley, Planning Department
No one else came forward, and the public hearing was closed.
41. ORD. 41251 – An ordinance, pursuant to Home Rule Charter Section 5.17 involving the
payment of moneys from appropriations of more than one fiscal year, to approve the
Interlocal Cooperation Agreement between the City of Omaha and the Village of Eagle,
controlling the distribution of keno lottery proceeds, from the date of execution through
May 14, 2021 – (First Reading was held on September 12, 2017; Third Reading will be
held on September 26, 2017) – see attached. (PUBLIC HEARING TODAY)
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Bill Harvey, EHPV Management Group, 11248 John Galt
Boulevard
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
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42. ORD. 41258 - An ordinance to provide for the naming of public (park) property known as
Dam Site 15A, located at approximately 168th and Fort Streets, to be named “Flanagan
Lake,” in honor of Father Edward J. Flanagan who founded Boys Town in 1917 as a
home for homeless boys in Omaha and who was a noteworthy person internationally
who won many awards for his work with the delinquent and homeless children.
“Flanagan Lake” had the most recommendations from the public during a naming
campaign sponsored by Mayor Stothert and said name was forwarded to the Planning
Director pursuant to Chapter 27, Article VI, for consideration; said name having been
reviewed by the Planning Department; said name was reviewed and recommended by
the City Naming Committee; and, said name was reviewed and recommended by the
Parks Advisory Board and is now before this Council for consideration - (First Reading
was held on September 12, 2017; Third Reading will be held on September 26, 2017)
– see attached. (PUBLIC HEARING TODAY)
PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Jim Thompson, 1001 South 35th Avenue
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
43. ORD. 41259 - An ordinance to approve an Agreement between the City of Omaha and
the Boys & Girls Clubs of the Midlands in the amount of $77,602.00; to authorize funding
for such agreement from the City of Omaha’s FY 2016 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program, Award #2016-DJ-BX-0918, awarded by the U.S.
Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; to
provide funding for two (2) Gang Specialist positions; to authorize payment from such
grant funding and involving appropriations of more than one year in conformity with
Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof -
(First Reading was held on September 12, 2017; Third Reading will be held on
September 26, 2017) – see attached. (PUBLIC HEARING TODAY)
President Gray called for the public hearing to begin. No one came forward, and the
public hearing was closed.
44. ORD. 41260 - An ordinance to approve and authorize an Agreement between the Board
of Regents of the University of Nebraska on behalf of the University of Nebraska Medical
Center and the City of Omaha, Nebraska, for certain forensic and crime lab testing
services involving the payment of money from the appropriations of more than one (1)
year in accordance with Sections 5.16 and 5.17 of the Omaha Home Rule Charter of the
City of Omaha, 1956, as amended; to provide for the payment to the University of
Nebraska Medical Center, fees on a per test basis as needed by the Omaha Police
Department with the term of the Agreement being two (2) years with the parties having
the ability to mutually extend the agreement for a period of three additional one (1) year
terms; and, to provide for an effective date hereof - (First Reading was held on
September 12, 2017; Third Reading will be held on September 26, 2017) – see
attached. (PUBLIC HEARING TODAY)
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PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Steve Hinrichs, 3306 Armbrust Drive, Chair of UNMC Department
of Pathology and Microbiology
OPPONENTS:
FOR THE CITY: Captain Ed Reyes, Omaha Police Department
No one else came forward, and the public hearing was closed.
45. ORD. 41261 - An ordinance to approve a Memorandum of Understanding between the
City of Omaha and the Omaha Police Officer’s Association; the Memorandum of
Understanding allows the City of Omaha to place Nebraska certified law enforcement
officers who are hired laterally at a pay step based above the entry level pay step
contemplated by the Collective Bargaining Agreement based on their years of
experience; and, to provide the effective date thereof - (First Reading was held on
September 12, 2017; Third Reading will be held on September 26, 2017) – see
attached. (PUBLIC HEARING TODAY)
President Gray called for the public hearing to begin. No one came forward, and the
public hearing was closed.
PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM 46
SHALL BE HELD ON THE THIRD READING
PLANNING ORDINANCE ON FIRST READING AND PLANNING BOARD ATTACHMENT
Sagewood Pointe
46. ORD. 41268 – An ordinance to rezone property located southeast of 180th and Fort
Streets from AG-Agricultural District to R4-Single Family Residential District (High
Density). The applicant is Celebrity Homes Omaha – (Second Reading will be held on
September 26, 2017; Publication to be made, Third Reading and Public Hearing will
be held on October 3, 2017) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
* * * * * * * * * * * * *
PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEMS 47 THROUGH 52
SHALL BE HELD ON THE SECOND READING
ORDINANCES ON FIRST READING
47. ORD. 41262 – An ordinance approving an Agreement for the sale of City-owned real
property; to provide that notwithstanding any provisions of the Omaha Municipal Code to
the contrary, the City is authorized to enter into the attached Real Estate Purchase
Agreement with Ora Prince, 3724 North 36th Street, Omaha, to convey the property
located at 3728 North 36th Street in consideration of the sum of $850.00; there are no
expenses associated with the transfer of the property to Ora Prince; and, to provide the
effective date hereof – (Second Reading and Public Hearing will be held on
September 26, 2017; Third Reading will be held on October 3, 2017) – see attached.
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48. ORD. 41265 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the FY 2016 Assistance to Firefighters Grant (AFG)
Program – Operations and Safety, Award #EMW -2016-FO-06996, in the amount of
$437,501.00, with a match of $43,750.00 provided by the Omaha Fire Department from
Fund 12168, Organization 114516, for a total program budget in the amount of
$481,251.00, during the project period of June 12, 2017 to June 11, 2018; to provide
funding for thermal imaging and fitness equipment as detailed in the attached grant
application; to authorize payment from such grant funding and involving appropriations
of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter;
and, providing for the effective date thereof – (Second Reading and Public Hearing
will be held on September 26, 2017; Third Reading will be held on October 3, 2017) –
see attached.
49. ORD. 41266 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the FY 2016 Staffing for Adequate Fire and
Emergency Response (SAFER) Grant, Award #EMW -2016-FH-00666, in the amount of
$1,016,192.00, with a match of $631,690.00 provided by the Omaha Fire Department
from Fund 12168, Organization 130622, for a total program budget in the amount of
$1,647,882.00, during the project period of January 24, 2018 to January 23, 2021; to
provide funding for six (6) full-time firefighter positions with the Omaha Fire Department
over a three-year period as detailed in the attached grant application; to authorize
payment from such grant funding and involving appropriations of more than one fiscal
year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the
effective date thereof – (Second Reading and Public Hearing will be held on
September 26, 2017; Third Reading will be held on October 3, 2017) – see attached.
50. ORD. 41264 – An ordinance to approve an agreement between the City of Omaha and
Van Dyke Consulting, Inc. in the amount of $52,000.00; to authorize funding for such
agreement in the amount of $32,500.00 from the City of Omaha’s 2017-2018 Office of
Violence Prevention (OVP) Grant, Award #17-VP-5006, awarded by the Nebraska Crime
Commission; to authorize funding for such agreement in the amount of $19,500.00 by
the Omaha Police Department from Fund 11111, Organization 114274, Account 42239;
to provide funding for the development of a new web-based gang database for the
Omaha Police Department Gang Unit; involving appropriations of more than one year in
conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective
date hereof – (Second Reading and Public Hearing will be held on September 26,
2017; Third Reading will be held on October 3, 2017) – see attached.
51. ORD. 41263 – An ordinance to establish, pursuant to Section 40-251 of the Omaha
Municipal Code, a new Class “A” Flammable Liquids Storage District, to be known as
District No. A-158 at 2550 East Locust Street, as requested by Daniel B. Owens of the
Omaha Airport Authority; and, to provide the effective date hereof – (Second Reading
and Public Hearing will be held on September 26, 2017; Third Reading will be held
on October 3, 2017) – see attached.
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52. ORD. 41267 – An ordinance authorizing and directing an issue of general obligation
bonds, an issue of general obligation refunding bonds, and an issue of general obligation
crossover refunding bonds of the City of Omaha, Nebraska in the aggregate principal
amount of not to exceed $120,800,000.00 to be termed for identification purposes,
“Various Purpose and Refunding Bonds, Series 2017A”, “General Obligation Refunding
Bonds, Series 2017B”, and “General Obligation Crossover Refunding Bonds, Series
2017C”, respectively; prescribing the form of said bonds; authorizing the sale of said
bonds by negotiation; designating for defeasance and redemption certain bonded
indebtedness of the City of Omaha and certain sanitary and improvement districts
annexed by the City of Omaha, Nebraska; directing the Finance Department to give
notices of such defeasance and redemption; directing the preparation of a transcript of
proceedings authorizing the issuance, sale and delivery of said bonds; appointing an
Escrow Agent, a Paying Agent, and Registrar; approving the selections of an underwriter
and an escrow verification agent; directing that said bonds shall initially be issued and
registered in book entry form; providing for continuing disclosure; delegating authority to
the Finance Director to determine the final prices, interest rates, principal amounts, and
redemption provisions for said bonds; and, providing for the effective date thereof –
(Second Reading and Public Hearing will be held on September 26, 2017; Third
Reading will be held on October 3, 2017) – see attached.
* * * * * * * * * * * * *
CHAIRMAN OF THE BOARD OF EQUALIZATION
53. Chairman of the Board of Equalization reports approval of the Plan of Assessment with
adjustments and corrections made at their regular meeting held September 12, 2017 –
CCID 1090 – see attached. (MOTION NEEDED TO APPROVE)
CCID # 1090 - Motion by Jerram that the report be approved
Seconded by Harding
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
Motion Approved 7-0
EXECUTIVE SESSION
54. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR SEPTEMBER 19, 2017
SEPTEMBER 18, 2017 AT 11:00 A.M.
ADDITIONAL RESOLUTION
55. Res. that, the reappointment by Mayor Jean Stothert of Jay B. Noddle to the MECA
Board of Directors to serve a term effective on May 10, 2018 and ending on May 9,
2023, be and hereby is confirmed and approved – CCID 1102 – see attached.
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PUBLIC HEARING – The following persons appeared and spoke:
PROPONENTS: Jay Noddle, Noddle Companies, 2285 South 67th Street
OPPONENTS:
FOR THE CITY:
No one else came forward, and the public hearing was closed.
Motion by Harding that RESOLUTION # 1102 be approved
Seconded by Melton
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
ADJOURNMENT
Motion by Festersen that the meeting be adjourned
Seconded by Jerram
ROLL CALL:
Yeas: Harding, Jerram, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
Motion Passed 7-0
MEETING ADJOURNED AT: 2:50 P.M.
I, ELIZABETH BUTLER, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the
foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the
City of Omaha held on September 19, 2017.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
Sherri Brown Elizabeth Butler
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN STOTHERT
ON THE 21ST DAY OF SEPTEMBER, 2017.