2016-08-09j25TH REGULAR CITY COUNCIL MEETING
AUGUST 9, 2016
THE CITY COUNCIL met in Regular Session on Tuesday, August 9, 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 # 1086 – Present: Pahls, Thompson, Festersen, Gernandt, Jerram,
Melton, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Chris Jerram of District No. 3.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on August 8, 2016, notice re: Pre-Council and Regular City Council
Meetings, August 9, 2016.
CCID # 1087 – 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.
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ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
5. Ord. to rezone property located at 9801 West Center Road from DR -
Development Reserve District to R4-Single-Family Residential District (high
density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1017 – July 19 and July 26 Meetings)
Notice of public hearing on August 9, 2016 published in the Daily Record
on July 22, 2016. Ordinance passed on August 9, 2016 published in the
Daily Record on August 17, 2016.
Troy Meyerson, 409 S. 17th Street, on behalf of the applicant, appeared and
spoke.
CCID #1017 – Motion by Festersen that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
ORDINANCE # 40835 - PASSED 6-0-1 Pass
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 9801 West Center Road
from DR-Development Reserve District to R4-Single-Family
Residential District (high density) – see attached.
(See Doc. # 1017 – July 19 Meeting)
# 1017 – From Chair on File
6. Res. that the preliminary plat entitled OAKDALE SCHOOL , located at 9801 West
Center Road, 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 7/19/16 for publication and public hearing – had publication – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1018 – July 19 Meeting)
Troy Meyerson, 409 S. 17th Street, on behalf of the applicant, appeared and
spoke.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President
Pass: Jerram
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CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
RESOLUTION # 1018 - ADOPTED 6-0-1 Pass
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of OAKDALE SCHOOL, a minor plat inside the
city limits, located at 9801 West Center Road – Inside City – over
from 7/19/16 – see attached.
(See Doc. # 1018 – July 19 Meeting)
# 1018 – From Chair on File
7. Res. that the plat entitled OAKDALE SCHOOL , located at 9801 West Center
Road, is hereby approved and accepted – Inside City – over from 7/19/16 for
publication and public hearing – had publication – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1019 – July 19 Meeting)
Troy Meyerson, 409 S. 17th Street, on behalf of the applicant, appeared and
spoke.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
RESOLUTION # 1019 - ADOPTED 6-0-1 Pass
(a) Planning Board and Planning Department recommend approval of
the Final Plat of OAKDALE SCHOOL, a minor plat inside the city
limits, located at 9801 West Center Road – Inside City – over from
7/19/16 – see attached.
(See Doc. # 1019 – July 19 Meeting)
# 1019 – From Chair on File
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8. Res. that, the Subdivision Agreement between the City of Omaha and Omaha
School District No. 66 of Douglas County, Nebraska, as recommended by the
Mayor, providing for the public improvements, the City of Omaha’s contribution to
the public improvements, Watershed Management fees, and sewer connection to
the Omaha Sanitary Sewer System, is hereby approved. The City shall pay its
contribution in the amount of $50,000.00 from the Residential Street Rehab and
Surface Restoration, Organization 116160, Fund 12129. The Subdivision is to
be known as Oakdale School (Lot 1) and is located at 9801 West Center Road –
over from 7/19/16 – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
(See Doc. # 1020 – July 19 Meeting)
Troy Meyerson, 409 S. 17th Street, on behalf of the applicant, appeared and
spoke.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Melton, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
RESOLUTION # 1020 - ADOPTED 6-0-1 Pass
9. Ord. to rezone property located Northeast of 189th and Blondo Streets from AG -
Agricultural District to DR-Development Reserve District. ((PUBLIC HEARING
TODAY – CAN BE PASSED TODAY))
(See Doc. # 1021 – July 19 and July 26 Meetings)
Notice of public hearing on August 9, 2016 published in the Daily Record
on July 22, 2016. Ordinance passed on August 9, 2016 published in the
Daily Record on August 17, 2016.
Brian Doyle, Fullenkamp, Doyle and Jobeun, 11440 W. Center Road, on behalf
of the applicant, appeared and spoke.
CCID # 1021 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40836 - PASSED 7-0
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10. Ord. to rezone property located Northeast of 189th and Blondo Streets from AG -
Agricultural District to R4-Single-Family Residential District (high density).
((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1022 – July 19 and July 26 Meetings)
Notice of public hearing on August 9, 2016 published in the Daily Record
on July 22, 2016. Ordinance passed on August 9, 2016 published in the
Daily Record on August 17, 2016.
Brian Doyle, Fullenkamp, Doyle and Jobeun, 11440 W. Center Road, on behalf
of the applicant, appeared and spoke.
CCID # 1022 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40837 - PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast of 189th and Blondo
Streets from AG to DR and R4 – see attached.
(See Doc. # 1022 – July 19 Meeting)
# 1022 – From Chair on File
11. Res. that the plat entitled BLONDO RIDGES (formerly BLONDO 186) located
Northeast of 189th and Blondo Streets, is hereby approved and accepted –
Outside City – over from 7/19/16 – see attached. ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY))
(See Doc. # 1023 – July 19 Meeting)
Brian Doyle, Fullenkamp, Doyle and Jobeun, 11440 W. Center Road, on behalf
of the applicant, appeared and spoke.
Motion by Melton that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1023 - ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of BLONDO RIDGES (formerly BLONDO 186)
located Northeast of 189th and Blondo Streets – Outside City – over
from 7/19/16 – see attached.
(See Doc. # 1023 – July 19 Meeting)
# 1023 – From Chair on File
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12. Res. that, the Subdivision Agreement among the City of Omaha, Blondo 186,
LLC, a Nebraska corporation, The Blondo Ridges Owners Association, and
Sanitary and Improvement District (S.&I.D.) 570 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 Blondo Ridges (Lots 1 -347 and
Outlots A-X) and is located northeast of 189th and Blondo Streets – over from
7/19/16 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
(See Doc. # 1024 – July 19 Meeting)
Brian Doyle, Fullenkamp, Doyle and Jobeun, 11440 W. Center Road, on behalf
of the applicant, appeared and spoke.
Motion by Melton that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1024 - ADOPTED 7-0
“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 13 SHALL BE LAID OVER TWO
WEEKS FOR PUBLICATION AND PUBLIC HEARING’
SPECIAL USE PERMIT – LARGE GROUP LIVING
13. Res. that the Special Use Permit application submitted by Sheltering Tree, Inc.
for a Special Use Permit to allow Large group living in an R2-Single-Family
Residential District (Low Density) (property is also located within an ACI-3(PL)
Overlay District), located at 7400 Military 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", a nd 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 – see attached.
Notice of Public Hearing on August 23, 2016 published in the Daily Record
on August 12, 2016.
CCID # 1088 – Over two weeks to August 23, 2016 for publication and public
hearing pursuant to City Council Rule VII E.
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(a) Planning Board and Planning Department recommend approval of
the request of Sheltering Tree, Inc. for a Special Use Permit to
allow Large group living in an R2 District (property is also located
within an ACI-3(PL) Overlay District), located at 7400 Military
Avenue – see attached.
# 1088 – Over to 8/23/16
* * * * * * * * * * * * * *
LIQUOR
14. Make Your Own Luck Nebraska, LLC, dba “Jefferson’s Restaurant”, 17520
Wright Street, Suite 101, requests permission for a change of location of their
present Class “C” Liquor License to 510 South 13th Street. Property posted:
06-13-16; Notification sent: 06-17-16 – over from 7/26/16 – see attached.
((PUBLIC HEARING HELD 6/28/16 – MOTION NEEDED TO APPROVE OR
NOT TO APPROVE))
(See Doc. # 942 – June 28, July 12 and July 26 Meetings)
CCID # 942 - Motion by Melton that the request NOT be approved based on the
applicant failed to establish it will properly provide the proposed service, that the
type of management and control to be exercised over the premises will be
sufficient to conform to all rules and regulations governing the sale of alcohol, or
that the issuance of the license will be required by the present or future public
convenience and necessity; and that, the Council has considered, among other
things, the applicant's failure to cooperate with City officials, failure to follow the
law and failure to keep records of its business.
Seconded by Thompson
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
(a) Communication from Donna Waller, City of Omaha Finance
Department re: Restaurant tax for Make Your Own Luck Nebraska,
LLC, dba “Jefferson’s Restaurant”, 17520 Wright Street, Suite 101
– over from 7/26/16 – see attached.
(See Doc. # 942 – July 12 and July 26 Meetings)
# 942 – From Chair on File
(b) Communication from Donna Waller, City of Omaha Finance
Department re: Restaurant tax for Make Your Own Luck Nebraska,
LLC, dba “Jefferson’s Restaurant”, 17520 Wright Street, Suite 101
– over from 7/26/16 – see attached.
(See Doc. # 942 – July 26 Meeting)
# 942 – From Chair on File
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(c) Communication from Donna Waller, City of Omaha Finance
Department re: Restaurant tax for Make Your Own Luck Nebraska,
LLC, dba “Jefferson’s Restaurant”, 17520 Wright Street, Suite 101
– see attached.
# 942 – From Chair on File
15. CLASS “C” – M & C Restaurant Management, LLC, dba “Local – Beer, Patio &
Kitchen”, 4909 South 135th Street, Suite 113. New application, New location.
Property posted: 07-25-16; Notification sent: 07-29-16 – 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: Michael Huffer, Cassem Tierney Law Firm, 9290 W Dodge
Road
Charles Yin, 1223 S. 11th Street, Local – Beer, Patio &
Kitchen, Nebraska Crossing
Motion by Melton that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1089 - ADOPTED 7-0
(a) Communication from Stephen F. Elken in support of the liquor
license application for M & C Restaurant Management, LLC, dba
Local - Beer, Patio & Kitchen, 4909 South 135th Street, Suite 113 –
see attached.
# 1089 – From Chair on File
16. CLASS “C” – Wild Boar, LLC, dba “Timber Wood Fire Bistro”, 8702 Pacific
Street. New application, New location. Property posted: 07 -25-16; Notification
sent: 07-29-16 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Matt Burbach, 823 S. 55th Street, member of Wild Boar LLC, appeared and
spoke.
Motion by Thompson that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1090 - ADOPTED 7-0
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17. CLASS “I” – Blazin Pianos, LLC, dba “Blazin Pianos”, 15240-15244 West Maple
Road. New application, Old location. Present licensee is Basharaco, Inc., dba “I
Don’t Care Bar”, 15240-15244 West Maple Road, who has a Class “I” Liquor
License – 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: Keith McLaughlin, 15244 W. Maple Road, owner
Reggie Snell, 15244 W. Maple Road, general manager
Motion by Melton that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1091 - ADOPTED 7-0
18. CLASS “I” – OME, LLC, dba “Holiday Inn Express & Suites”, 13131 “I” Street.
New application, New location. Property posted: 07-25-16; Notification sent:
07-29-16 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Katie Schaefer, General Manager, Holiday Inn Express & Suites, 13131 I Street ,
appeared and spoke.
Motion by Melton that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1092 - ADOPTED 7-0
19. Blazin Wings, Inc., dba “Buffalo Wild Wings Grill & Bar #27”, 4287 South 144 th
Street, requests permission to appoint John B. Deremer manager of their present
Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY
– MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
CCID # 1093 - Motion by Thompson that the request be approved
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
20. The Cheesecake Factory Restaurants, Inc., dba “The Cheesecake Factory”,
10120 California Street, requests permission to appoint Lawrence Riley manager
of their present Class “I” Liquor License location – see attached. ((PUBLIC
HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
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Lawrence Riley, 14920 Grebe Street, Bennington, NE, appeared and spoke.
CCID # 1094 - Motion by Festersen that the request be approved
Seconded by Thompson
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
21. ACR Corp., dba “Jake’s Cigars & Spirits”, 6206 Maple Street, requests
permission for a Special Designated License for a beer garden at Military Avenue
between Maple Street and Binney Street on September 2, 2016 from 4:00 p.m. to
2:00 a.m. with music until 12:00 midnight – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Matt Biggins, Jake’s Cigars & Spirits, 6206 Maple Street, appeared and spoke.
CCID # 1095 - Motion by Festersen that the request be approved
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
22. Second Wind, Inc., dba “Crescent Moon Ale House”, 3578 Farnam Street,
requests permission for a Special Designated License for a beer garden at 36 th
Street between Farnam Street and the alley, and the parking lot on September
23, 2016 from 12:00 noon to 2:00 a.m. and September 24, 2016 from 11:00 a.m.
to 2:00 a.m. with music until 12:00 midnight each night – see attached.
((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
Kandace Gladwin, Crescent Moon Ale House, 3578 Farnam Street, appeared
and spoke.
CCID # 1096 - Motion by Jerram that the request be approved
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
RESOLUTION RE: LONG-FORM APPLICATION FOR RENEWAL OF CLASS “C”
LIQUOR LICENSE
23. Res. that the Nebraska Liquor Control Commission is hereby requested to
require Taneshia Horton, dba "Soulful Lounge" at 3825 North 30th Street in
Omaha, Nebraska, to submit a formal application before its Class ‘C’ retail liquor
license is renewed for the 2016 - 2017 licensing year – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
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Regina Wright, 2856 Spaulding Street, appeared and spoke.
Motion by Melton that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1118 - ADOPTED 7-0
CONSENT AGENDA
(Any member of the City Council may cause any item placed on the Consent Agenda to
be removed there from. Items removed from the Consent Agenda shall be taken up by
the City Council immediately following the Consent Agenda in the order in which they
were removed unless otherwise taken out of order as otherwise provided by the City
Council Rules of Order.)
(The public hearings on Agenda Item Nos. 24 through 32 were held on July 26, 2016.)
CONSENT AGENDA – ORDINANCES
24. Ord. vacating a portion of the east/west alley beginning at the west right-of-way
line of South 38th Street extending approximately 155 feet to the west, abutting
Lots 10, 12, 13, and 14, Block 9, Jerome Park, a subdivision as surveyed,
platted, and recorded in Douglas County, Nebraska, containing 2,557.50 square
feet, and providing the effective date hereof – see attached.
(See Doc. # 1025 – July 19 and July 26 Meetings)
Notice of public hearing on July 26, 2016 published in the Daily Record on
July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily
Record on August 17, 2016.
CCID # 1025 – Motion by Gernandt that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40838 - PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
the vacation of the east/west alley abutting 3804, 3810, 3812 and a
portion of 3814 Farnam Street and 140 South 38th Street – Inside
City – see attached.
(See Doc. # 1025 – July 19 and July 26 Meetings)
# 1025 - From Chair on File
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25. Ord. extending the limits of the City of Omaha over certain land in Douglas
County, Nebraska, and incorporating the same into and making the same a part
of the City of Omaha and to provide the effective date hereof, located Southwest
of 156th and "Q" Streets, Autumn Grove and Adjacent Areas (SID 431) – see
attached.
(See Doc. # 1031 – July 19 and July 26 Meetings)
Notice of public hearing on July 26, 2016 published in the Daily Record on
July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily
Record on August 17, 2016.
CCID # 1031 – Motion by Gernandt that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40839 - PASSED 7-0
26. Ord. extending the limits of the City of Omaha over certain land in Douglas
County, Nebraska, and incorporating the same into and making the same a part
of the City of Omaha and to provide the effective date hereof, located Southeast
of 180th and "F" Streets, Dickenson's Landing/Wood Creek (SID 385) – see
attached.
(See Doc. # 1032 – July 19 and July 26 Meetings)
Notice of public hearing on July 26, 2016 published in the Daily Record on
July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily
Record on August 17, 2016.
CCID # 1032 – Motion by Gernandt that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40840 - PASSED 7-0
27. Ord. extending the limits of the City of Omaha over certain land in Douglas
County, Nebraska, and incorporating the same into and making the same a part
of the City of Omaha and to provide the effective date hereof, located Southeast
of 204th and Dodge Streets, Elk Valley (SID 458) – see attached.
(See Doc. # 1033 – July 19 and July 26 Meetings)
Notice of public hearing on July 26, 2016 published in the Daily Record on
July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily
Record on August 17, 2016.
CCID # 1033 – Motion by Gernandt that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40841 - PASSED 7-0
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28. Ord. extending the limits of the City of Omaha over certain land in Douglas
County, Nebraska, and incorporating the same into and making the same a part
of the City of Omaha and to provide the effective date hereof, located Northwest
of 180th and Harrison Streets, Falcon Ridge (SID 434) – see attached.
(See Doc. # 1034 – July 19 and July 26 Meetings)
Notice of public hearing on July 26, 2016 published in the Daily Record on
July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily
Record on August 17, 2016.
CCID # 1034 – Motion by Gernandt that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40842 - PASSED 7-0
29. Ord. extending the limits of the City of Omaha over certain land in Douglas
County, Nebraska, and incorporating the same into and making the same a part
of the City of Omaha and to provide the effective date hereof, located Northeast
of 204th Street and Cumberland Drive, High Point and Adjacent Areas (SID 293)
– see attached.
(See Doc. # 1035 – July 19 and July 26 Meetings)
Notice of public hearing on July 26, 2016 published in the Daily Record on
July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily
Record on August 17, 2016.
CCID # 1035 – Motion by Gernandt that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40843 - PASSED 7-0
30. Ord. extending the limits of the City of Omaha over certain land in Douglas
County, Nebraska, and incorporating the same into and making the same a part
of the City of Omaha and to provide the effective date hereof, located Northwest
of 180th and Pacific Streets, Pacific Ridge (SID 486) – see attached.
(See Doc. # 1036 – July 19 and July 26 Meetings)
Notice of public hearing on July 26, 2016 published in the Daily Record on
July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily
Record on August 17, 2016.
CCID # 1036 – Motion by Gernandt that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40844 - PASSED 7-0
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31. Ord. extending the limits of the City of Omaha over certain land in Douglas
County, Nebraska, and incorporating the same into and making the same a part
of the City of Omaha and to provide the effective date hereof, located Northwest
of 160th and Harrison Streets, Western Oaks and adjacent areas (SID 389) –
see attached.
(See Doc. # 1037 – July 19 and July 26 Meetings)
Notice of public hearing on July 26, 2016 published in the Daily Record on
July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily
Record on August 17, 2016.
CCID # 1037 – Motion by Gernandt that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40845 - PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
the 2016 Annexation Package – see attached.
(See Doc. # 1037 – July 19 and July 26 Meetings)
# 1037 - From Chair on File
32. Ord. to approve the acceptance of the City of Omaha and Douglas County joint
application to the United States Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance, FY 2016 Edward Byrne Memorial
Justice Assistance Grant Program, Application #2016-H2857-NE-DJ, in the
amount of four hundred four thousand, five hundred forty -nine dollars ($404,549)
for law enforcement programs, crime prevention and education programs,
prosecution and court programs, and planning, evaluation and technology
improvement programs during the period of October 1, 2015 to September 30,
2019; to provide the Council an opportunity for review and public comment for
such application; and upon award of such grant 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, to provide for the effective date
hereof – see attached.
(See Doc. # 1027 – July 19 and July 26 Meetings)
Notice of public hearing on July 26, 2016 published in the Daily Record on
July 22, 2016. Ordinance passed on August 9, 2016 published in the Daily
Record on August 17, 2016.
CCID # 1027 – Motion by Gernandt that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40846 - PASSED 7-0
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(a) Communication from Gail Braun, Grant Administrator, re: FY 2016
Justice Assistance Grant (JAG) Application – see attached.
# 1027 – From Chair on File
((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
(The public hearings on Agenda Item Nos. 33 through 51 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
33. Res. that, Councilmembers Pete Festersen, Chris Jerram, and Aimee Melton
shall assess damages, if any, to owners and parties affected by the vacation of
an irregular portion of 11th Street right-of-way located north of Davenport Street
(containing 6,652 square feet). Said committee shall give reasonable notice to
the owners and parties interested in the property affected by such vacation – see
attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1097 - ADOPTED 7-0
34. Res. that, Councilmembers Pete Festersen, Chris Jerram, and Aimee Melton
shall assess damages, if any, to owners and parties affected by the vacation of
an irregular portion of 204th Street right-of-way located southeast of 204th Street
and Blondo Parkway (containing 0.54 acres). Said committee shall give
reasonable notice to the owners and parties interested in the property affected by
such vacation – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1098 - ADOPTED 7-0
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35. Res. that, as recommended by the Mayor, Change Order No. 1 with Spencer
Management for additional work on OPW 52912, being the Utility Cut Repair
Various Locations Project, is hereby approved; and that, the Finance Department
is authorized to pay an additional sum of $67,289.58 for this change order, from
the Capital Special Assessment Fund 13573, Special Assessments Organization
116168, year 2016 expenditure (repairs located at 84 th Street and West Dodge
Road) – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1099 - ADOPTED 7-0
36. Res. that, as recommended by the Mayor, Change Order No. 2 with Bayshore
Contractors, LLC for additional work on OPW 52494, being the Missouri River
Wastewater Treatment Plant Bank Stabilization Project, is hereby approved; and
that, the Finance Department is authorized to pay an additional sum of
$500,000.00 for this change order, from the Sewer Revenue Improvements Fund
21124, CSO Control Implementation Organization 116918, year 2016
expenditure; Sewer Revenue Bonds will be issued to finance this project – see
attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1100 - ADOPTED 7-0
37. Res. that, as recommended by the Mayor, Change Order No. 4 with Roloff
Construction Company for additional work on OPW 52184, being the Gilmore
Avenue Sewer Separation Project, is hereby approved; and that, the Finance
Department is authorized to pay an additional sum of $145,050.00 for this
change order, from the Sewer Revenue Improvements Fund 21124, CSO Control
Implementation Organization 116918, year 2016 expenditure; Sewer Revenue
Bonds will be issued to finance this project – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1101 - ADOPTED 7-0
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38. Res. that, as recommended by the Mayor, Change Order No. 4 with Linhart
Construction Company for additional work on OPW 52910, being the Brick
Restoration Various Locations Project, is hereby approved; and that, the Finance
Department is authorized to pay an additional sum of $115,135.13 for this
change order, from the Street and Highway Allocation Fund 12131, Residential
Brick Street Repair Organization 116122, year 2016 expenditure – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1102 - ADOPTED 7-0
AGENDA ITEM NO. 39 REMOVED FROM THE CONSENT AGENDA AT THE
REQUEST OF COUNCILMEMBER JERRAM
39. Res. that, as recommended by the Mayor, Amendment No. 1 to the Professional
Services Agreement with SCS Engineers for additional services for the
Sustainable Materials Management – Yard Waste Study, City of Omaha,
Nebraska Project, is hereby approved; and that, the Finance Department is
authorized to pay the additional fee not to exceed $76,550.00 for these services
to be paid from General Fund 11111, Solid Waste – Collection and Disposal
Organization 116321 – see attached.
Bob Stubbe, Public Works Director, appeared and spoke.
Motion by Jerram that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1103 - ADOPTED 7-0
40. Res. that, as recommended by the Mayor, Amendment No. 7 to the Professional
Services Agreement for the implementation of the Combined Sewer Overflow
(CSO) Long Term Control Plan (LTCP) with CH2M Hill Engineers, Inc. for the
provision of continuing support for the implementation of the LTCP and support
of the comprehensive wet weather program, is hereby approved; and that, the
Finance Department is authorized to pay the additional fee not to exceed
$12,738,637.00 for these professional services from the Sewer Revenue
Improvement Fund 21124, CSO Implementation Or ganization 116918; Sewer
Revenue Bonds will be issued to finance this project – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1104 - ADOPTED 7-0
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41. Res. that, as recommended by the Mayor, the Professional Services Agreement
with MWH Americas, Incorporated, for an assessment of the Clean Solutions for
Omaha (CSO) program to identify areas of potential improvement, is hereby
approved; and that, the Finance Department is authorized to pay MWH
Americas, Incorporated a fee not to exceed $98,000.00 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 – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1105 - ADOPTED 7-0
42. Res. that, as recommended by the Mayor, the Professional Services Agreement
with JEO Consulting Group, Incorporated, for professional services associated
with OPW 53001, being the 120th Street and Eagle Run Creek Sanitary Sewer
Inverted Siphon Project, is hereby approved; and that, the Finance Department is
authorized to pay JEO Consulting Group, Incorporated a fee not to exceed
$62,817.00 for these professional services from the Sewer Revenue
Improvements Fund 21124, Neighborhood Sewer Renovation Organization
116911, year 2016 expenditure – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1106 - ADOPTED 7-0
43. Res. that as recommended by the Mayor, the Task Order Agreement with Alfred
Benesch & Company to provide construction engineering services for the Major
Street Resurfacing in Omaha Project, known as Federal Aid Project MAPA-
5082(7), State Control No. 22681, with a cost to the City not to exceed
$426,156.59 to be paid from the City Street Maintenance Fund 12129, Major
Street Resurfacing Organization 116159, is hereby approved; and that, the City
Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreements on behalf of the City of Omaha – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1107 - ADOPTED 7-0
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44. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Truck Center Companies for one (1) Regenerative Air
Street Sweeper to be utilized by the Street Maintenance Division in the amount of
$267,700.00; and that the Finance Department is authorized to pay the cost of
this purchase from the Street and Highway Allocation Fund 12131, Street/Right
of Way Cleaning Organization 116152, year 2016 funding – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1108 - ADOPTED 7-0
AGENDA ITEM NO. 39 REMOVED FROM THE CONSENT AGENDA AT THE
REQUEST OF COUNCIL PRESIDENT GRAY
45. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue Purchase Orders to Ready Mixed Concrete as primary supplier and
Consolidated Concrete as secondary supplier for concrete to be delivered to job
sites throughout the City and within 3 miles of the city limits; and, that the
Finance Department is authorized to pay the cost of concrete purchased under
this bid from the Street and Highway Allocation Fund 12131, Pavement
Maintenance Organization 116158, year 2016 expenditures. Other Departments
or Divisions utilizing this bid will pay for such usage from their respective cost
centers – see attached.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
FOR THE CITY: Bob Stubbe, Public Works Director
Paul Kratz, City Attorney
Resolution read
Motion by Melton that the Resolution be ADOPTED AS AMENDED
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1109 – ADOPTED AS AMENDED 7-0
(a) Amendment requested by Council President Gray – see attached.
CCID # 1109 – Motion by Melton that the Amendment be approved
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr.
President
Motion Carried 7-0
- 20 -
46. Res. that, the attached Agreement between the Omaha-Council Bluffs
Metropolitan Area Planning Agency and the City of Omaha, setting forth that the
City of Omaha, through its Planning Department, agrees to perform certain
transportation planning activities which will include, but not limited to, the
Midtown-Downtown Bus Rapid Transit and Urban Circulator Project, North
Downtown Pedestrian Bridge, facilitation and development of parking
management systems, development review f or transportation planning and
Complete Streets Omaha is hereby approved, and the Mayor and City Clerk are
hereby authorized to execute and attest the attached Agreement. In -kind
services provided by the Planning Department or funds in the amount of Twenty -
Five Thousand, Eight Hundred and No/100 Dollars ($25,800.00) shall be paid
from the Planning Department, Fund 11111 and Organization 109031 – see
attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1110 - ADOPTED 7-0
47. Res. that, as recommended by the Mayor, the Professional Services Agreement
with Toole Design Group for the creation of a Complete Streets Design Manual in
the City of Omaha, is hereby approved; and that, the Finance Department is
authorized to pay Toole Design Group $248,766.50 for these professional
services from the Complete Street Corridor Study Project of the Capital
Improvements Program – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1111 - ADOPTED 7-0
48. Res. that, as recommended by the Mayor, the attached invoice with Mango
Languages for subscription of Mango Languages in the amount of $66,288 is
hereby approved; and, the Finance Department is authorized to pay the $66,288
cost thereof from the Library’s General Fund 11111, Organization 117016, year
2016 expenditures – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1112 - ADOPTED 7-0
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49. Res. that the reappointment by Mayor Jean Stothert of Negil McPherson, Jr. as a
member of the City of Omaha Personnel Board to serve a term of five years
commencing upon August 12, 2016 and expiring on August 11, 2021, be and
hereby is confirmed – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1113 - ADOPTED 7-0
50. Res. that the reappointment by Mayor Jean Stothert of Jason Lanoha as a
regular member of the Zoning Board of Appeals, to serve a five year term which
shall commence on September 27, 2016 and expire on September 26, 2021, be
and hereby is confirmed and approved – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1119 - ADOPTED 7-0
51. Res. that the reappointment by Mayor Jean Stothert of Sean Kelley as an
alternate member of the Zoning Board of Appeals, to serve a five year term
which shall commence on September 20, 2016 and expire on September 19,
2021, be and hereby is confirmed and approved – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
RESOLUTION # 1120 - ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NO. 52 SHALL BE LAID OVER THREE
WEEKS FOR PUBLICATION AND PUBLIC HEARING”
RESOLUTION
52. Res. that, the attached University of Nebraska Medical Center iEXCEL
Redevelopment Plan, prepared by the Omaha City Planning Department, be and
hereby is approved as the Redevelopment Plan for the redevelopment area
generally bound by Emile Street on the north, 41st Street on the east,
Leavenworth Street on the south, and 42nd Street on the west – see attached.
Notice of Public Hearing on August 30, 2016 published in the Daily Record
and Omaha World-Herald August 11, 2016 and August 18, 2016.
CCID # 1125 – Over three weeks to August 30, 2016 for publication and public
hearing pursuant to City Council Rule VII F.
* * * * * * * * * * * * *
ORDINANCE ON FINAL READING
53. Ord. to amend Omaha Municipal Code Chapter 19 to provide for the applicability
of the restaurant occupation tax to certain food vendors; to clarify the
enforcement of the restaurant occupation tax; to repeal Omaha Municipal Code
sections 19-800 and 19-802 as heretofore existing; and to provide the effective
date thereof – see attached. ((PUBLIC HEARING HELD 7/19/16 – CAN BE
PASSED TODAY))
(See Doc. # 961 – July 12, July 19 and July 26 Meetings)
Notice of public hearing on July 19, 2016 published in the Daily Record on
July 15, 2016.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
PROPONENT: Kelly Keegan, 4655 Hickory Street
FOR THE CITY: Paul Kratz, City Attorney
Steve Curtiss, Finance Director
Cassie Paben, Mayor’s Office
- 23 -
CCID # 961 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
Councilmember Gernandt withdraws his Motion
Councilmember Gray withdraws his Second
Motion by Thompson that the ordinance be laid over five weeks to September
13, 2016
Seconded by Gernandt
ROLL CALL:
Yeas: Thompson, Gernandt, Jerram, Melton, Mr. President
Nays: Pahls, Festersen
Motion Carried 5-2
ORDINANCES ON SECOND READING
54. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha, a Nebraska Municipal Corporation in Douglas
County, Nebraska, and Vision 13LB, LLC, a Nebraska limited liability company,
to implement the Little Bohemia Tax Increment Financing (TIF) Redevelopment
Project Plan for a project site located at 1419 -1425 South 13th Street, which
proposes to completely rehabilitate three commercial buildings for modern retail
and office uses; 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 – see attached. ((PUBLIC
HEARING TODAY))
(See Doc. # 1065 – July 26 Meeting)
Bridget Hadley, Planning Department, appeared and spoke.
CCID # 1065 – Public hearing was held today – Final reading set for August 16,
2016 as per City Charter requirements.
55. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha, a Nebraska Municipal Corporation in Douglas
County, Nebraska, and Sage Capital, LLC for Cogleywood, LLC, a Nebraska
limited liability company, to implement the Dundee Flats Tax Increment Financing
(TIF) Redevelopment Project Plan for a project site located at 4827, 4829, 4831
and 4835 Dodge Street, which proposes the demolition of existing structures,
and the construction of a modern mixed -use redevelopment to include 63
market-rate apartments on floors 2 through 4, ground floor commercial retail
space, and an attached parking garage; the agreement authorizes the use of up
to $1,779,600.00 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. # 1066 – July 26 Meeting)
Bridget Hadley, Planning Department, appeared and spoke.
- 24 -
CCID # 1066 – Public hearing was held today – Final reading set for August 16,
2016 as per City Charter requirements.
56. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha, a Nebraska Municipal Corporation in Douglas
County, Nebraska, and Aksarben SC Housing, LLC, a Nebraska limited liability
company, to implement the Aksarben SC Housing Development Tax Increment
Financing (TIF) Redevelopment Project Plan for a site located at the northeast
corner of 67th and Pine Streets, proposes the new construction of a 195,000
square foot, 4-story multi-family structure for students; the agreement authorizes
the use of up to $5,106,081.00 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. # 1067 – July 26 Meeting)
Bridget Hadley, Planning Department, appeared and spoke.
CCID # 1067 – Public hearing was held today – Final reading set for August 16,
2016 as per City Charter requirements.
57. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha, a Nebraska Municipal Corporation in Douglas
County, Nebraska, and Lanoha 1207 Cass, LLC, a Nebraska Limited Liability
Company, to implement the 1207 Cass Tax Increment Financing plan (TIF)
Redevelopment Project Plan, which contemplates a five-story mixed-use
structure consisting of office space on floors 2 and 3, 45 market -rate multi-family
units on floors 5 and 6, and 67 parking stalls under the building an d adjacent
surface stalls; the agreement authorizes the use of up to $1,831,224 in excess
ad valorem taxes generated by the development to help fund the cost of the
project; and, providing for an effective date – see attached. ((PUBLIC HEARING
TO BE HELD 8/16/16 TO COINCIDE WITH THE PLATS))
(See Doc. # 1085 – July 26 Meeting)
CCID # 1085 – Ordinance on Second Reading – Final reading and public hearing
to be held August 16, 2016 as per City Council Motion.
58. Ord. to accept the bid of McKee/Holland in the amount of $4.67 per inch of
Diameter at Breast Height (DBH), no more than $250,000.00 per year for the
treatment of the Emerald Ash Borer for the Parks, Recreation, and Public
Property Department; for one year beginning August 1, 2016 through July 31,
2017, with the option to extend the contract one year; and , to provide an effective
date – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 1078 – July 26 Meeting)
Brook Bench, Parks and Recreation Director, appeared and spoke.
CCID # 1078 – Public hearing was held today – Final reading set for August 16,
2016 as per City Charter requirements.
- 25 -
59. Ord. to approve the acceptance of and authorize disbursement over more than
one fiscal year from the Nebraska Crime Commission, FY 2015 STOP Violence
Against Women (VAWA) Grant, Award #15-VW -0714 in the amount of two
hundred thousand, twenty-two dollars ($200,022), during the project period of
July 1, 2016 to June 30, 2017; to enhance victim assistance services and
prosecute cases of domestic violence through the multi-agency Douglas County
Community Response Team 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 – see attached. ((PUBLIC HEARING
TODAY))
(See Doc. # 1068 – July 26 Meeting)
CCID # 1068 – Public hearing was held today – Final reading set for August 16,
2016 as per City Charter requirements.
TRANSIT AUTHORITY RE: BUDGET
60. Transit Authority of the City of Omaha transmits the required forms for submitting
their 2017 Budget Document – see attached. ((MOTION NEEDED TO RECEIVE
AND REFER TO FINANCE))
CCID # 1121 – Motion by Gernandt to receive and refer to the Finance
Department
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 61
THROUGH 64 SHALL BE HELD ON THE SECOND READING”
ORDINANCES ON FIRST READING
61. Ord. approving an Interlocal Agreement between the City of Omaha, Douglas
County, and Sarpy County involving the disbursement and receipt of money
involving appropriations of more than one year in accordance with Section 5.17
of the Home Rule Charter of 1956, as amended; to provide for the te rms and
conditions under which Omaha is to cooperate with Douglas County and Sarpy
County to provide Household Hazardous Waste services for the residents of
Douglas and Sarpy County; to authorize the Finance Department to disburse and
receive a cost share from Douglas County and Sarpy County not to exceed
$106,800 annually per participant according to the schedule contained within the
Agreement; and to provide an effective date hereof – see attached.
CCID # 1114 – Publication to be made and public hearing to be held on August
16, 2016 as per City Charter requirements.
- 26 -
62. Ord. pursuant to Section 40-251 of the Omaha Municipal Code to amend an
existing Class “B” Flammable Liquids Storage District, known as District No. B-
193 at Greater Omaha Leasing, LLC, 4626 Dahlman Avenue as requested by
Brenton J. Falgione; to increase the total capacity to 1,967 gallons of Class 2
liquid at that site; and to provide the effective date hereof – see attached.
CCID # 1115 – Publication to be made and public hearing to be held on August
16, 2016 as per City Charter requirements.
63. Spec. Ord. levying a special tax and assessment on certain lots, parts of lots and
pieces of real estate in the City of Omaha to cover the cost o f sidewalk snow
removal in District No. SWSR 2016-01 – see attached.
CCID # 1116 – Publication to be made and public hearing to be held on August
16, 2016 as per City Charter requirements.
64. Spec. Ord. levying a special tax assessment for condemned buildings or
structures in accordance with Section 48-93 of the Omaha Municipal Code on
certain lots in the City of Omaha, Group No: 2016-01 – see attached.
CCID # 1117 – Publication to be made and public hearing to be held on August
16, 2016 as per City Charter requirements.
* * * * * * * * * * * * *
65. Ord. to amend Ordinance No. 40452, creating Road Maintenance District No.
745-22, in the City of Omaha, for the purpose of improving South 78th Avenue
from Woolworth Avenue to Poppleton Avenue, to become a Street Improvement
District; to change the type of improvement from an asphalt overlay to a
permanent street improvement including grading, curbing and paving in Portland
cement concrete; to authorize the Public Works Department to complete the
associated improvement project; and to provide for an effective date hereof – see
attached. ((MOTION NEEDED TO SET THE SECOND READING ON AUGUST
16, 2016 AND THE THIRD READING AND PUBLIC HEARING ON AUGUST 23,
2016))
CCID # 1126 – Motion by Gernandt to set the second reading on August 16,
2016 and the third reading and public hearing on August 23, 2016
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
EXECUTIVE SESSION
66. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
- 27 -
RECESS
67. Motion that the City Council Meeting be recessed until Tuesday, August 9, 2016,
at 7:00 p.m.
CCID # 1122 – Motion by Jerram that the City Council Meeting be recessed until
Tuesday, August 9, 2016 at 7:00 P.M.
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
68. Roll Call after recess.
CCID # 1123 – The City Council met after recess in the Legislative Chamber,
Omaha/Douglas Civic Center on Tuesday, August 9, 2016 at 7:00 p.m. and was
called to order by Council President Ben Gray.
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
BUDGET HEARING
69. Public Hearing on Budget of the City of Omaha for Year 2017 – 7:00 p.m. –
Legislative Chambers.
CCID # 1073 – Public hearing held
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Gloria Austerberry, 5036 Pinkney Street
Charles Gould, 5819 William Street
Tom Emmett, 819 S. 22nd Street
Jerry Prazen, 820 S. 58th Street
Nancy Besack, 1262 S. 169th Street
Dorothy Swanson, 1256 Peterson Drive
Susan Thomson, 1282 S. 164th Street
Linda Johnson, 1274 S. 164th Street
Karen Hosier, 9315 Harney Street
Maurice Jones, 6105 N. 36th Street
Luis Jimenez, 3126 Chicago Street
Doug Kagan, 416 S. 130th Street
Stuart Chittenden, 5601 Emile Street
Catherine Hohman, 2434 N. 133rd Street
Jim Sazama, 9161 Charles Street
Gabrielle Gaines-Liwaru, 5807 N. 61st Avenue
Willie Barney, 12333 Cuming Street
- 28 -
(a) City Clerk certifies publication in Daily Record, the official
newspaper of the City of Omaha, and the Omaha World Herald on
July 28, 2016 and August 4, 2016, and the Omaha Star on July 29,
2016, notice re: public hearing on the budget of the City of Omaha
of Year 2017, August 9, 2016.
# 1073 – From Chair on File
(b) Documents submitted re: the 2017 Budget – see attached.
# 1073 – From Chair on File
Motion by Gray that the meeting be adjourned
Seconded by Jerram
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
ADJOURNED: 7:40 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 August 9, 2016.
WITNESS:
s/Sherri Brown s/Buster Brown
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN
STOTHERT ON THE 11TH DAY OF AUGUST, 2016.