2016-05-10j15TH REGULAR CITY COUNCIL MEETING
MAY 10, 2016
THE CITY COUNCIL met in Regular Session on Tuesday, Ma y 10, 2016 at 2:00 o’clock
P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and
was called to Order by Council President Ben Gray.
ROLL CALL
1. City Clerk calls the roll.
CCID # 656 – Present: Festersen, Gernandt, Jerram, Melton, Pahls,
Thompson, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Franklin T. Thompson of District No. 6.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on May 6, 2016, notice re: Pre-Council and Regular City Council
Meetings, May 10, 2016.
CCID # 657 – From Chair on File
A current copy of the Open Meeting Act is posted in a white binder on the east
wall of the Legislative Chambers.
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVES TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
- 2 -
RECONSIDERATION
5. Motion by Councilmember Melton to reconsider Resolution No. 494, adopted
April 19, 2016, being Resolution to DENY the application of Brown, Lamar, dba
“LexRoc Sports Bar & Grill”, 3819 North 24th Street, for a Class “I” Liquor
License, with roll call on May 10, 2016 – over from 5/3/16 for roll call on
reconsideration – see attached. ((IF RECONSIDERED – CAN BE ADOPTED
TODAY))
(See Doc. # 494 – April 19 and May 3 Meetings)
CCID # 494 – ROLL CALL on reconsideration
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
Roll Call on Reconsideration Carried 7-0
CCID # 494 – Motion by Melton that the applicant be allowed to withdraw his
application, and that the Resolution denying the application be placed on file
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
Motion Carried 7-0
(a) Communication from Lamar Brown, president of LexRoc Sports Bar
& Grill, 3819 North 24th Street, requesting to withdraw his
application for a Class “I” Liquor License – see attached.
#494 – From Chair on File
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
6. Ord. to rezone the properties located Southeast of 81st and Dodge Streets from
LO-Limited Office District and GO-General Office District to GO-General Office
District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. #552 – April 26 and May 3 Meetings)
Notice of public hearing on May 10, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
Dan Dolezal, Ehrhart, Griffin and Associates, 3552 Farnam Street, appeared and
spoke.
CCID # 552 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40711 – PASSED 7-0
- 3 -
(a) Planning Board and Planning Department recommend approval of
a request to rezone properties located Southeast of 81st and Dodge
Streets from LO and GO to GO – see attached.
(See Doc. #552 – April 26 Meeting)
# 552 – From Chair on File
7. Res. that the Special Use Permit application submitted by American Cancer
Society for a Special Use Permit to allow a Hotel in a GO -General Office District,
located Southeast of 81st and Dodge Streets, Omaha, Nebraska, is hereby
approved and the Permits and Inspection Division is directed to issue the
necessary permit therefor, provided the conditions set out in Exhibit "A" of the
above referenced application, conditions set out in Exhibit "B", and all applicable
local or state statutes, ordinances or regulations are complied with. That the
proposed Special Use Permit has been reviewed and evaluated pursuant to, and
meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal
Code – over from 4/26/16 for publication and public hearing – had publication –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 553 – April 26 Meeting)
Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street, appeared and
spoke.
Motion by Melton that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 553 - ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of American Cancer Society for a Special Use Permit to
allow a Hotel in a GO District, located Southeast of 81st and Dodge
Streets – over from 4/26/16 – see attached.
(See Doc. # 553 – April 26 Meeting)
# 553 – From Chair on File
8. Ord. to rezone property located Southwest of 199th Street and Blue Sage
Parkway from R6-Low-Density Multiple-Family Residential District to DR-
Development Reserve District. ((PUBLIC HEARING TODAY – CAN BE
PASSED TODAY))
(See Doc. #554 – April 26 and May 3 Meetings)
Notice of public hearing on May 10, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
Brian Doyle, Fullenkamp, Doyle & Jobeun, 11440 West Center Road, appeared
and spoke.
- 4 -
CCID # 554 – Motion by Festersen that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40712 – PASSED 7-0
9. Ord. to rezone property located Southwest of 199th Street and Blue Sage
Parkway from R6-Low-Density Multiple-Family Residential District to R4-Single-
Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN
BE PASSED TODAY))
(See Doc. #555 – April 26 and May 3 Meetings)
Notice of public hearing on May 10, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
Brian Doyle, Fullenkamp, Doyle & Jobeun, 11440 West Center Road, appeared
and spoke.
CCID # 555 – Motion by Festersen that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40713 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 199th Street and
Blue Sage Parkway from R6 to DR and R4 – over from 4/26/16 –
see attached.
(See Doc. #555 – April 26 Meeting)
# 555 – From Chair on File
10. Res. that the replat transmitted herewith entitled TUSCAN RIDGE, located
Southwest of 199th Street and Blue Sage Parkway, is hereby approved, and
concurrently a portion of the existing plat entitled Pacific Street West Replat
Seven, and described on said replat, is hereby vacated – Outside City – over
from 4/26/16 – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
(See Doc. # 556 – April 26 Meeting)
Brian Doyle, Fullenkamp, Doyle & Jobeun, 11440 West Center Road, appeared
and spoke.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 556 - ADOPTED 7-0
- 5 -
(a) Planning Board and Planning Department recommend approval of
the Final Plat of TUSCAN RIDGE, located Southwest of 199th
Street and Blue Sage Parkway – Outside City – over from 4/26/16 –
see attached.
(See Doc. # 556 – April 26 Meeting)
# 556 – From Chair on File
11. Res. that, the Subdivision Agreement among the City of Omaha, Blue Sage
Development, L.L.C., a Nebraska corporation, the Tuscan Ridge Home Owners
Association, and Sanitary and Improvement District (S.&I.D.) 539 of Douglas
County, Nebraska, as recommended by the Mayor, providing for the public
improvements, Interceptor Sewer Fee, Watershed Management Fee, and sewer
connection to the Omaha Sanitary Sewer System, is hereby approved . The City
shall reimburse S.&I.D. 539 the amount of $21,912.00 from the Interceptor Sewer
Construction, Organization 116921, Fund 12133. The Subdivision is to be known
as Tuscan Ridge (Lots 1-18 and Outlots A-D) and is located southwest of 199th
Street and Blue Sage Parkway – over from 4/26/16 – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 557 – April 26 Meeting)
Brian Doyle, Fullenkamp, Doyle & Jobeun, 11440 West Center Road, appeared
and spoke.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 557 - ADOPTED 7-0
RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION
AGREEMENTS
“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 12 THROUGH 14 SHALL BE LAID OVER
TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING”
12. Res. that the preliminary plat entitled 31 MARCY SOUTHEAST, located at 3034
Marcy Street, with a request for a waiver of Section 53-8(4)(a) of the Omaha
Municipal Code for Lot depth, along with the attached conditions, is hereby
accepted; and, the preparation of the final plat of this subdivision is her eby
authorized – Inside City – see attached.
Notice of public hearing on May 24, 2016 published in the Daily Record on
May 13, 2016.
CCID # 642 – Over two weeks to May 24, 2016 for publication and public hearing
pursuant to City Council Rule VII E.
- 6 -
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of 31 MARCY SOUTHEAST, with a waiver of
Section 53-8(4)(a) of the Omaha Municipal Code for Lot depth,
located at 3034 Marcy Street – Inside City – see attached.
# 642 – Over to 5/24/16
13. Res. that the replat transmitted herewith entitled 31 MARCY SOUTHEAST,
located at 3034 Marcy Street, is hereby approved, and concurrently a portion of
the existing plat entitled BARTLETT’S ADDITION to OMAHA, and described on
said replat, is hereby vacated – Inside City – see attached.
Notice of public hearing on May 24, 2016 published in the Daily Record on
May 13, 2016.
CCID # 643 – Over two weeks to May 24, 2016 for publication and public hearing
pursuant to City Council Rule VII E.
(a) Planning Board and Planning Department recommend approval of
the Final Plat of 31 MARCY SOUTHEAST, located at 3034 Marcy
Street – Inside City – see attached.
# 643 – Over to 5/24/16
14. Res. that the replat transmitted herewith entitled AKSARBEN VILLAGE SOUTH
(Lot 2), located South of 63rd Street and West Center Road, is hereby approved,
and concurrently a portion of the existing plat entitled Aksarben Acres, and
described on said replat, is hereby vacated – Inside City – see attached.
Notice of public hearing on May 24, 2016 published in the Daily Record on
May 13, 2016.
CCID # 647 – Over two weeks to May 24, 2016 for publication and public hearing
pursuant to City Council Rule VII E.
(a) Planning Board and Planning Department recommend approval of
the Final Plat of AKSARBEN VILLAGE SOUTH (Lot 2), located
South of 63rd Street and West Center Road – Inside City – see
attached.
# 647 – Over to 5/24/16
* * * * * * * * * * * * * *
- 7 -
“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 15 SHALL BE LAID OVER TWO WEEKS”
15. Res. that, the Subdivision Agreement among the City of Omaha, Uptown
Properties, LLC, a Nebraska limited liability company, and The Leavenworth
Rows Upper East End Homeowners Association, as recommended by the
Mayor, providing for sewer connection to the Omaha Sanitary Sewer System, is
hereby approved. The Subdivision is to be known as 31 Marcy Southeast (Lots
1-4) and is located at 3034 Marcy Street – see attached.
CCID # 644 – Over two weeks to May 24, 2016 pursuant to City Council Rule VII
E.
* * * * * * * * * * * * * *
CONSENT AGENDA
(Any member of the City Council may cause any item placed on the Consent Agenda to
be removed there from. Items removed from the Consent Agenda shall be taken up by
the City Council immediately following the Consent Agenda in the order in which they
were removed unless otherwise taken out of order as otherwise provided by the City
Council Rules of Order.)
(The public hearings on Agenda Item Nos. 16 through 26 were held on May 3, 2016.)
CONSENT AGENDA – ORDINANCES
16. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the
necessary private property for the purpose of the 132nd and Pacific Street
Intersection Improvement, project identified as OPW 52578; providing that the
City negotiate with the property owners for land acquisition, permanent
easements, temporary construction easements, and right of entries, providing
that if said parcel cannot be obtained by negotiation, condemnation procee dings
be undertaken and completed; and, providing for the effective date hereof – see
attached.
(See Doc. # 558 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 558 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40714 - PASSED 7-0
- 8 -
17. Ord. to authorize the Purchasing Agent to issue a purchase order to Midwest
Laboratories, Inc. for professional laboratory testing services for the testing of
water and wastewater samples in conjunction with the treatment processes at the
Missouri River Wastewater Treatment Plant and the Papillion Creek Wastewater
Treatment Plant for a contract period of March 31, 2016 to Mar ch 31, 2017; to
provide for payments from appropriations of more than one year in accordance
with section 5.17 of the Home Rule Charter of 1956, as amended; to provide for
payments totaling $46,050.00 from specific accounts; and to provide an effective
date hereof – see attached.
(See Doc. # 559 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 559 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40715 - PASSED 7-0
18. Ord. to approve an Amendment to the Redevelopment Agreement between the
City of Omaha and QuadTech, LLC, a Nebraska limited liability company,
approved by Ordinance No. 38329 on December 23, 2008, to remove
approximately 1.37 acres, legally described as Lot 1, Aksarben Village Replat 17,
a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska to
allow for The Home Base Tax Increment Financing (TIF) Redevelopment Project
Plan and Agreement, and to amend the Redevelopment Site to be legally
described as Lot 2 Aksarben Village Replat 17 (1919 Aksarben Drive); all other
terms and conditions contained in the Redevelopment Agreement not amended
hereby, shall remain in full force and effect; and providing for an ef fective date –
see attached.
(See Doc. # 561 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 561 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40716 - PASSED 7-0
- 9 -
19. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and 1811 Aksarben, LLC (fka Project Home Base,
LLC), a Nebraska limited liability company, to implement The Home Base Tax
Increment Financing (TIF) Redevelopment Project Plan located at 1811
Aksarben Drive which proposes the redevelopment of an approximate 1.37 acre
surface parking lot into a 4-story, 70,800 square foot class “A”, commercial office
structure with parking on the 1st floor; the agreement authorizes the use of up to
$2,355,820.00 in excess ad valorem taxes (TIF) generated by the development
to help fund the cost of the project; and providing for an effective date – see
attached.
(See Doc. # 560 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 560 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40717 - PASSED 7-0
20. Ord. approving an Agreement for the sale of City -owned real property; to provide
that notwithstanding any provisions of the Omaha Municipal Code to the
contrary, the City is authorized to enter into the attached Real Estate Purchase
Agreement with Christopher Johnson, 2820 Bristol Street, Omaha, NE 68111 , to
convey the adjoining property described in the attached agreement, located at
2820 Bristol Street for fair market value, in consideration of the sum of Five
Hundred and 00/100 Dollars ($500.00); there are no expenses associated with
the transfer of the property to Christopher Johnson ; and to provide the effective
date hereof – see attached.
(See Doc. # 562 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 562 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40718 - PASSED 7-0
- 10 -
21. Ord. approving an Agreement for the sale of City-owned real property; to provide
that notwithstanding any provisions of the Omaha Municipal Code to the
contrary, the City is authorized to enter into the attached Real Estate Purchase
Agreement with Omaha Permaculture, a Nebraska Non-profit Corporation, 4871
Northwest Radial Highway, Omaha, NE 68104, to convey the property described
in the attached agreement, located at 3362 Patrick Avenue for use as a
community garden, in consideration of the sum of One and 00/100 Dollars
($1.00); there are no expenses associated with the transfer of the property to
Omaha Permaculture; and to provide the effective date hereof – see attached.
(See Doc. # 563 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 563 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40719 - PASSED 7-0
22. Ord. to approve exercising the first of two one year options in a contract between
the City of Omaha, a municipal corporation, and Corvel Enterprise Comp, Inc.;
the initial contract was for a three-year term and was approved on June 18, 2013,
at a cost not to exceed two hundred eighty thousand dollars ($280,000) per year,
and the option contemplates an increase in the flat rate fee of three and one half
percent per year dating from contract inception to provide workers’ compensation
third party administrative services; such fund to be paid from Fund No. 11111,
Organization 118017; and to provide an effective date hereof – see attached.
(See Doc. # 564 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 564 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40720 - PASSED 7-0
23. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning
employment classifications by assigning a higher pay scale to the employment
classification entitled Community Safety Education Specialist moving it from a
salary range of 7.1 MC ($40,389-$48,873) to a salary range of 9.1 MC ($43,879-
$53,227); to repeal Section 23 - 177 as heretofore existing; and to provide the
effective date hereof – see attached.
(See Doc. # 565 – April 26 and May 3 Meetings)
- 11 -
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 565 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40721 - PASSED 7-0
24. Ord. to amend Section 23 - 177 of the Omaha Municipal Code by changing the
title of the class specifications entitled Crime Laboratory Manager to Forensic
Manager and reassigning the salary range for the classification from 18.4 MC
($63,046 - $78,237) to 25.1 MC ($80,669 - $99,550); changing the title of the
class specifications entitled Crime Laboratory Trainee, Crime Laboratory
Technician, and Senior Crime Laboratory Technician to Forensic Trainee,
Forensic Technician, and Senior Forensic Technician respe ctively, with no
change in salary range; to repeal Section 23 - 177 as heretofore existing; and to
provide the effective date hereof – see attached.
(See Doc. # 566 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 566 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40722 - PASSED 7-0
25. Ord. (1) to approve an agreement between the City of Omaha and the Bellevue
Police Department in the amount of five thousand one hundred and twelve
dollars ($5,112); and (2) to authorize funding for such agreement from the City of
Omaha’s FY 2015 Violent Gang and Gun Crime Reduction Program (Project
Safe Neighborhoods): Category 3, grant award #2015-GP-BX-0005, awarded by
the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau
of Justice Assistance (BJA); for specialized overtime operations in partnership
with the Sarpy County Sheriff’s Office, State of Nebra ska Probation Office –
District 2, and the State of Nebraska Parole Administration; involving
appropriations of more than one year in conformity with Section 5.17 of the Home
Rule Charter; providing for payment from a specific account; and, providing for
the effective date hereof – see attached.
(See Doc. # 567 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
- 12 -
CCID # 567 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40723 - PASSED 7-0
26. Ord. (1) to approve an agreement between the City of Omaha and the State of
Nebraska Probation Office – District 4A in the amount of two thousand eight
hundred dollars ($2,800); and (2) to authorize funding for such agreement from
the City of Omaha’s FY 2015 Violent Gang and Gun Crime Reduction Program
(Project Safe Neighborhoods): Category 3, grant award #2015-GP-BX-0005,
awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs
(OJP), Bureau of Justice Assistance (BJA); for proactive specialized overtime
operations; involving appropriations of more than one year in conformity with
Section 5.17 of the Home Rule Charter; providing for payment from a specific
account; and, providing for the effective date hereof – see attached.
(See Doc. # 568 – April 26 and May 3 Meetings)
Notice of public hearing on May 3, 2016 published in the Daily Record on
April 29, 2016. Ordinance passed on May 10, 2016 published in the Daily
Record on May 18, 2016.
CCID # 568 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
ORDINANCE # 40724 - PASSED 7-0
((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
(The public hearings on Agenda Item Nos. 27 through 32 are today. If you wish to
address the City Council regarding these items, please come to the microphone,
indicate the Agenda Item Number you wish to address, identify yourself by your name,
address, who you represent, and if you are a proponent or opponent.)
CONSENT AGENDA – RESOLUTIONS
27. Res. that, as recommended by the Mayor, the Supplemental Agreement #2 to
the Professional Services Agreement with HGM Associates, Inc. to provide
additional construction engineering services for HSIP-133-2(112), State Control
No. 22336, and OPW 51496, being intersection improvements to N-133 (90th
Street) and N-64 (Maple Street), is hereby approved; and that, the Finance
Department is authorized to pay a fee not to exceed an additional $26,986.79, to
be paid from the 2010 Transportation Fund 13183, Transportation Bonds
Organization 117117 – see attached.
- 13 -
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 636 - ADOPTED 7-0
28. Res. that, as recommended by the Mayor, Amendment No. 1 to the Professional
Services Agreement with HDR Engineering, Incorporated for construction phase
services on OPW 52553, being the Missouri River Wastewater Treatment Plant
Solids Processing Building Project, is hereby approved; and that, the Finance
Department is authorized to pay the additional fee not to exceed $84,769.00 for
these services to be paid from Sewe r Revenue Improvements Fund 21124,
Capital Asset Replacement Program Organization 116913 as a part of the 2016 -
2021 Environment Capital Improvement Program Project # 501 – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 637 - ADOPTED 7-0
29. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to American Concrete Products for the purchase of
sewer manhole construction items to be utilized by the Sewer Maintenance
Division in the amount of $47,375.00; and that the Finance Department is
authorized to pay the cost of this purchase from the Sewer Revenue Fund
21121, Maintenance Organization 116511, year 2016 funding – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 638 - ADOPTED 7-0
AGENDA ITEM NO. 30 REMOVED FROM THE CONSENT AGENDA AT THE
REQUEST OF COUNCIL MEMBER GERNANDT
30. Res. that, the quote of Sean Negus Construction, LLC for the demolition of 2332 -
2334 South 20 Street, in the amount of $68,000.00 is accepted and award is
made to Sean Negus Construction, LLC. The amount of this award shall be paid
from General Funds Demolition 2015; and, that the Purchasing Agent be
authorized to issue a purchase order to Sean Negus Construction, LLC for the
demolition of 2332-2334 South 20 Street, in the amount of $68,000.00 – see
attached.
Jay Davis, Assistant City Planning Director, appeared and spoke.
- 14 -
Motion by Gernandt that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 639 – ADOPTED 7-0
31. Res. that, as recommended by the Mayor, the attached Agreement between the
City of Omaha, Nebraska, on behalf of the Omaha Police Department and the
Metro Drug Task Force, and Kevin T. Donlan to provide intelligence analyst
services for the Metro Drug Task Force is hereby approved, such term of this
agreement being for one year beginning April 1, 2016 to March 30, 2017, with the
option for two one-year extensions, and shall be in effect for such time as
Midwest HIDTA funds are provided to the City of Omaha through the Office of
National Drug Control Policy, in an amount not to exceed $3,633.33 per month,
and that the Finance Department is authorized to pay the cost of the services
from the High Intensity Drug Trafficking Area (HIDTA) grant, Fund 12155,
Organization 130723 – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 640 - ADOPTED 7-0
32. Res. that the appointment by Mayor Stothert of Ervin L. Portis as a member of
the Library Board to serve a three-year term, commencing on July 1, 2016, and
expiring three years thereafter, be and hereby is confirmed and approved – see
attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 655 - ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
APPEAL RE: BID REJECTION
33. Linda Swain, representing Swain Construction, Inc., appeals the rejection of their
bid of March 30, 2016 for the “OPW 52650 180th – 192nd & Pacific Street, Right
Turn Lanes” Project – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO ALLOW OR DENY THE APPEAL, AND IF ALLOWED, DIRECT
THE DEPARTMENT ACCORDINGLY))
- 15 -
CCID # 651 – Motion by Jerram to allow the appeal to be withdrawn
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
Motion Carried 7-0
(a) Communication from Linda Swain, President, Swain Construction,
Inc., withdrawing their appeal of the rejection of their bid on OPW
52650 – see attached.
# 651 – From Chair on File
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 34
THROUGH 40 SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON SECOND READING
34. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a R7-
Medium-Density Multiple-Family Residential District, located at 3078 Mason
Street, to approve the Development Plan, and to provide for an effective date –
see attached.
(See Doc. # 603 – May 3 Meeting)
CCID # 603 – ORDINANCE ON SECOND READING – Final reading to be held
May 17, 2016 as per City Charter requirements.
35. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a R6-
Low-Density Multiple-Family Residential District, located at 809 South 31st
Street, to approve the Development Plan, and to provide for an effective date –
see attached.
(See Doc. # 606 – May 3 Meeting)
CCID # 606 – ORDINANCE ON SECOND READING – Final reading to be held
May 17, 2016 as per City Charter requirements.
36. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a R8-
High-Density Multiple-Family Residential District, located Northwest of 51st and
Mayberry Streets, to approve the Development Plan, and to provide for an
effective date – see attached.
(See Doc. # 609 – May 3 Meeting)
CCID # 609 – ORDINANCE ON SECOND READING – Final reading to be held
May 17, 2016 as per City Charter requirements
- 16 -
37. Ord. to rezone property located at 9421 “Q” Street from CC-Community
Commercial District to GC-General Commercial District.
(See Doc. # 613 – May 3 Meeting)
CCID # 613 – ORDINANCE ON SECOND READING – Final reading to be held
May 17, 2016 as per City Charter requirements.
38. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay
District, to incorporate into that district the property located at 9421 “Q” Street;
and to provide for an effective date – see attached.
(See Doc. # 614 – May 3 Meeting)
CCID # 614 – ORDINANCE ON SECOND READING – Final reading to be held
May 17, 2016 as per City Charter requirements.
39. Ord. to approve a Development Agreement for property located at 9421 “Q”
Street between the City of Omaha and Inter-Tech Collision Centers, providing
site development standards; and to provide for an effective date – see attached.
(See Doc. # 616 – May 3 Meeting)
CCID # 616 – ORDINANCE ON SECOND READING – Final reading to be held
May 17, 2016 as per City Charter requirements.
40. Ord. to rezone property located at 2829 North 204th Street from CC-Community
Commercial District and LI-Limited Industrial District to LI-Limited Industrial
District.
(See Doc. # 617 – May 3 Meeting)
CCID # 617 – ORDINANCE ON SECOND READING – Final reading to be held
May 17, 2016 as per City Charter requirements.
* * * * * * * * * * * * *
ORDINANCE ON SECOND READING and Planning Board Attachment
41. Ord. vacating all of Center Street east of 2nd Street to the railroad right -of-way
adjacent on the south to Lots 11 & 12, Block 455, and adjacent on the north to
Lots 8, 9, and 10, Block 460, Original City of South Omaha Lots, in the City of
Omaha; and providing the effective date hereof – see attached. ((PUBLIC
HEARING TODAY))
(See Doc. # 622 – May 3 Meeting)
CCID # 622 – Public hearing was held today – Final reading set for May 17, 2016
as per City Charter requirements.
- 17 -
(a) Planning Board and Planning Department recommend approval of
the vacation of Center Street from 2nd Street east to the railroad
right-of-way – see attached.
(See Doc. # 622 – May 3 Meeting)
# 622 – Over to 5/17/16
ORDINANCE ON SECOND READING
42. Ord. approving a redevelopment agreement between the City of Omaha, a
Nebraska Municipal Corporation in Douglas County, Nebraska and Habitat for
Humanity of Omaha, Inc., a Nebraska Non -Profit Corporation, to implement the
King Science Neighborhood Redevelopment Plan and declaring the necessity of
appropriating, for the use of the City of Omaha, certain hereinafter described
vacant and improved properties located in the King Science Neighborhood
Redevelopment Plan Area, an area generally defined by Sahler Street on the
north, Pratt Street on the south, Florence Boulevard on the east, and 24th Street
on the west, for acquisition, relocation as appropriate, demolition of structures,
preparation of sites, and subsequent use as sites for implementing the King
Science Neighborhood Redevelopment Plan, which proposes construction o f
new single-family and multi-family housing; provided that as to each specified
parcel which cannot be obtained by negotiation, proceedings in eminent domain
be undertaken and completed; project costs will be paid by Habitat for Humanity
of Omaha, Inc. with no financial obligation of the City of Omaha, as provided for
in the redevelopment agreement; and to provide the effective date hereof – see
attached. ((PUBLIC HEARING TODAY))
(See Doc. # 623 – May 3 Meeting)
CCID # 623 – Public hearing was held today – Final reading set for May 17, 2016
as per City Charter requirements.
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 43
THROUGH 45 SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
43. Ord. to approve a PUR-Planned Unit Redevelopment Overlay District in a R6
District, located at 3034 Marcy Street, to approve the Development Plan, and to
provide for an effective date – see attached.
CCID # 641 – Publication to be made and public hearing and third reading to be
held on May 24, 2016 as per City Charter requirements.
- 18 -
(a) Planning Board and Planning Department recommend approval of
a PUR-Planned Unit Redevelopment Overlay District in a R6
District, located at 3034 Marcy Street – see attached.
# 641 – Over to 5/24/16
44. Ord. to rezone property located South of 63rd Street and West Center Road from
MH-Mobile Home Residential District and GI-General Industrial District to MU-
Mixed Use District (portions of this property lie within the Flood Fringe Overlay
District).
CCID # 645 – Publication to be made and public hearing and third reading to be
held on May 24, 2016 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located South of 63rd Street and West
Center Road from MH and GI to MU (portions of this property lie
within the Flood Fringe Overlay District) – see attached.
# 645 – Over to 5/24/16
45. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for
property located South of 63rd Street and West Center Road between the City of
Omaha and 6300 Arbor Street, LLC, providing site development standards; and
to provide for an effective date – see attached.
CCID # 646 – Publication to be made and public hearing and third reading to be
held on May 24, 2016 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a Major Amendment to the Mixed Use District Development
Agreement for Aksarben Village South to allow for a 236 unit
apartment complex and 372 stall parking garage, located South of
63rd Street and West Center Road – see attached.
# 646 – Over to 5/24/16
* * * * * * * * * * * * *
- 19 -
“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 46
THROUGH 50 SHALL BE HELD ON THE SECOND READING”
ORDINANCES ON FIRST READING
46. Ord. approving a redevelopment agreement between the City of Omaha, a
Nebraska Municipal Corporation in Douglas County, Nebraska and Seventy-Five
North Revitalization Corporation, a Nebraska Non-Profit Corporation, to
implement the Highlander-Seventy-Five North Redevelopment Plan and
declaring the necessity of appropriating, for the use of the City of Omaha, certain
hereinafter described vacant and improved properties located in the Highlander-
Seventy-Five North Redevelopment Plan Area, an area generally defined by
Parker Street, Lake Street, U.S. 75 North/North Freeway, and 33 rd Street, for
acquisition, relocation as appropriate, demolition of stru ctures, preparation of
sites, and subsequent use as sites for implementing the Highlander-Seventy-Five
North Redevelopment Plan, which proposes construction of new single-family
and multi-family housing and other community facilities and amenities; provide d
that as to each specified parcel which cannot be obtained by negotiation,
proceedings in eminent domain be undertaken and completed; project costs will
be paid by Seventy-Five North Revitalization Corporation with no financial
obligation of the City of Omaha, as provided for in the redevelopment agreement;
and to provide the effective date hereof – see attached.
CCID # 648 – Publication to be made and public hearing to be held on May 17,
2016 as per City Charter requirements.
47. Ord. to approve an Amendment to the Redevelopment Agreement between the
City of Omaha and Zone 5, LLC, a Nebraska limited liability company, and ZONE
5 OFFICE, LLC, a Nebraska limited liability company (collectively, the “Developer”)
to remove an approximately .706 acre parcel from the approved Redevelopment
Plan area, legally described as Lot 3, Replat 15, Aksarben Village and commonly
known as 6737 Frances Street, to allow the parcel to be part of the Aksarben
Village Zone 5 Hilton Garden Inn Tax Increment Financing (TIF) Redevelopment
Project Plan and Agreement; and to legally describe the remaining development
property as Lots 1 and 7, Aksarben Village Replat 11, and Lots 1 and 2,
Aksarben Village Replat 15, each a subdivision, as surveyed, platted and
recorded in Douglas County, Nebraska, including any adjacent right of way; all
other terms and conditions contained in the Redevelopment Agreement not
amended hereby, shall remain in full force and effect; and providing for an
effective date – see attached.
CCID # 649 – Publication to be made and public hearing to be held on May 17,
2016 as per City Charter requirements.
- 20 -
48. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha, a Nebraska Municipal Corporation in Douglas
County, Nebraska, and CFM Realty Advisors, LLC, a Nebraska limited liability
company, to implement the Aksarben Village Zone 5 Hilton Garden Inn Tax
Increment Financing (TIF) Redevelopment Project Plan for a project site legally
described as Aksarben Village Replat 15, Lot 3 (commonly known as 6737
Frances Street), which proposes the redevelopment of approximately .706 acres
into a new, 5-story Hilton Garden Inn Hotel with ground floor retail and hotel
amenity space; the agreement authorizes the use of up to $2,791,251.00 in
excess ad valorem taxes (TIF) generated by the development to help fund the
cost of the project; and providing for an effective date – see attached.
CCID # 652 – Publication to be made and public hearing to be held on May 17,
2016 as per City Charter requirements.
49. Spec. Ord. approving the Omaha Downtown Improvement District Association
2016/2017 W ork Plan and Budget, which includes the 2015/2016 Highlights, the
2015/2016 Progress Report, Stakeholder Engagement and Research, and
2016/2017 Work Plan, Budget and Program Summary for the Omaha Downtown
Improvement District Association (ODIDA) and levying a special tax and
assessment on all lots and pieces of real estate within B usiness Improvement
District No. 6874 in the City of Omaha in the amount of $428,002.92; such
assessment shall cover the costs anticipated by the Business Improvement
District for March 2016 to February 2017 and contemplated by Ordinance No.
37504 which was approved by the City Council of the City of Omaha on October
3, 2006, and reauthorized by Ordinance No. 38957 approved on March 8, 2011;
and to provide an effective date therein – see attached.
CCID # 654 – Publication to be made and public hearing to be held on May 17,
2016 as per City Charter requirements.
50. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a
new Class “A” Flammable Liquids Storage District, to be known as District No. A -
156, at 20567 Park Road, as requested by Michael D. Oestmann of the City of
Omaha, Public Works, Facilities Management; and to provide the effective date
hereof – see attached.
CCID # 650 – Publication to be made and public hearing to be held on May 17,
2016 as per City Charter requirements.
* * * * * * * * * * * * *
- 21 -
CHAIRMAN OF THE BOARD OF EQUALIZATION
51. Chairman of the Board of Equalization reports approval of Plan of Assessment at
their regular meeting held May 3, 2016 – see attached. ((MOTION NEEDED TO
APPROVE))
CCID # 653 – Motion by Festersen that the report be approved
Seconded by Thompson
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
Motion Carried 7-0
EXECUTIVE SESSION
52. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MAY 10, 2016
LEGISLATIVE CHAMBERS – 2:00 P.M. – PREPARED MAY 9, 2016 AT 11:00 A.M.
ADDITIONAL RESOLUTIONS
53. Res. that the nomination and appointment by Mayor Jean Stothert of Jeffrey
Beals as a member of the Administrative Appeals Board for a three -year term
which shall commence on May 6, 2016 and expire on May 5, 2019, be and
hereby is confirmed – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
Motion by Melton that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 667 - ADOPTED 7-0
54. Res. that the appointment by Mayor Jean Stothert of Michael N. Gorman as a
second alternate member of the Zoning Board of Appeals to serve a five -year
term which shall commence on May 6, 2016 and expire five years thereafter on
May 5, 2021, be and hereby is confirmed and approved – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
- 22 -
Motion by Melton that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 668 - ADOPTED 7-0
55. Res. that, the appointment by Mayor Jean Stothert of Paula I. Steenson of the
Downtown Omaha Inc. to be a member of the Downtown Business I mprovement
Area Board to serve from May 13, 2016 until her term shall expire on May 12,
2021, is hereby confirmed by the City Council – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Melton that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
RESOLUTION # 669 - ADOPTED 7-0
* * * * * * * * * * * * *
Motion by Festersen that the meeting be adjourned
Seconded by Melton
ROLL CALL:
Yeas: Festersen, Gernandt, Jerram, Melton, Pahls, Thompson, Mr. President
Motion Carried 7-0
ADJOURNED: 2:23 P.M
* * * * * * * * * * * * *
I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that
the foregoing is a true and correct copy of the proceedings of the Meeting of the City
Council of the City of Omaha held on May 10, 2016.
WITNESS:
s/Sherri Brown s/Buster Brown
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN
STOTHERT ON THE 12TH DAY OF MAY 2016.