2015-09-15j31st REGULAR OMAHA CITY COUNCIL MEETING
SEPTEMBER 15, 2015
THE CITY COUNCIL met in Regular Session on Tuesday, September 15, 2015 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 # 1166 – Present: Pahls, Thompson, Festersen, Gernandt, Jerram,
Melton, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Pete Festersen of District No. 1.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on September 11, 2015, notice re: Pre-Council and Regular City
Council Meetings, September 15, 2015.
CCID # 1167 – From Chair on File
A current copy of the Open Meeting Act is posted in a white binder on the east
wall of the Legislative Chambers.
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
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RECONSIDERATION
5. Motion by Councilmember Pahls to reconsider CCID No. 1060, of August 25,
2015, being (1) to create Road Maintenance Improvement District No. 745 -24, in
the City of Omaha, for the purpose of improving South 95 th Circle from West
Center Road north to the end of the cul-de-sac by asphalt overlay; to fix and
define the boundaries of said district; to provide for the determination and
assessment of damages, if any, occasioned by reason of change of grade; to
authorize the Public Works Department, barring protest to the contrary in
accordance with OMC 26-65, to complete the associated improvement project;
and to provide for an effective date hereof and (2) communications opposing the
Ordinance to create Road Maintenance Improvement District No. 745 -24, in the
City of Omaha, for the purpose of improving South 95th Circle from West Center
Road north to the end of the cul-de-sac by asphalt overlay, with roll call on
September 22, 2015.
CCID # 1060 – Motion by Pahls to reconsider CCID No. 1060 of August 25, 2015
with roll call on September 22, 2015
Seconded by Gernandt
ORDINANCE ON FINAL READING RE: BONDS
6. Ord. authorizing and directing an issue of general obligation bonds and an issue
of general obligation refunding bonds of the City of Omaha, Nebraska in the
aggregate principal amount of not to exceed $72,350,000 to be termed for
identification purposes “Various Purpose and Refunding Bonds, Series 2015A”
and “General Obligation Refunding Bonds, Series 2015B,” respectively;
prescribing the form of said bonds; authorizing the sale of said bonds by
negotiation; designating for defeasance and redemption certain bonded
indebtedness of the City of Omaha and certain sanitary and improvement
districts annexed by the City of Omaha, Nebraska in the aggregate principal
amount of not to exceed $48,000,000; directing the Finance Department to give
notices of such defeasance and redemption; directing the preparation of a
transcript of proceedings authorizing the issuance, sale and delivery of said
bonds; appointing an Escrow Agent, a Paying Agent and a Registrar; approving
the selections of an underwriter and an escrow verification agent; directing that
said bonds shall initially be issued and registered in book entry form; providing
for continuing disclosure; delegating authority to the Finance Di rector to
determine the final prices, interest rates, principal amounts and redemption
provisions for said bonds; and providing for the effective date thereof – see
attached. ((PUBLIC HEARING HELD 9/1/15 – CAN BE PASSED TODAY))
(See Doc. # 1139 – August 25 and September 1 Meetings)
Notice of public hearing on September 1, 2015 published in the Daily
Record on August 28, 2015. Ordinance passed on September 15, 201 5
published in the Daily Record on September 23, 2015.
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CCID # 1139 – Motion by Melton that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40482 – PASSED 7-0
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
7. Ord. to rezone the property located southwest of 72nd and Maple Street from R2 -
Single-Family Residential District (low density) and CC-Community Commercial
District to CC-Community Commercial District – over from 8/25/15 and continue
the public hearing. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE
PASSED TODAY))
(See Doc. # 1022 – August 11, 18, and 25 Meetings)
Notice of public hearing on August 25, 2015 published in the Daily Record
on August 14, 2015. Ordinance passed on September 15, 2015 published in
the Daily Record on September 23, 2015.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: David Levy, Baird Holm, 1700 Farnam Street, on behalf of the
applicant
Opponents: Theresa Peterson, 7301 Maple Street
Dr. David J. Hibler, Sr., 3103 North 50 Street
Mary Jane Truemper, 5306 Izard Street
For the City: Paul Kratz, City Attorney
CCID # 1022 – Motion by Jerram that the Ordinance be passed
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Gernandt, Jerram, Melton, Mr. President
Nays: Festersen
ORDINANCE # 40483 – PASSED 6-1
8. Ord. to amend the boundaries of the ACI-2(50) district of Area of Civic
Importance Overlay District, to incorporate into that district the property locate d
southwest of 72nd and Maple Streets; and to provide for an effective date – over
from 8/25/15 and continue the public hearing – see attached. ((PUBLIC
HEARING CONTINUED TO TODAY – CAN BE PASSED TODAY))
(See Doc. # 1023 – August 11, 18, and 25 Meetings)
Notice of public hearing on August 25, 2015 published in the Daily Record
on August 14, 2015. Ordinance passed on September 15, 2015 published in
the Daily Record on September 23, 2015.
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THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: David Levy, Baird Holm, 1700 Farnam Street, on behalf of the
applicant
Opponents: Theresa Peterson, 7301 Maple Street
Dr. David J. Hibler, Sr., 3103 North 50 Street
Mary Jane Truemper, 5306 Izard Street
For the City: Paul Kratz, City Attorney
CCID # 1023 – Motion by Jerram that the Ordinance be passed
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Gernandt, Jerram, Melton, Mr. President
Nays: Festersen
ORDINANCE # 40484 – PASSED 6-1
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located southwest of 72nd and Maple
Streets from R2 and CC to CC with approval of an ACI -2(50)
Overlay District – over from 8/25/15 – see attached.
(See Doc. # 1023 – August 11 and 25 Meetings)
# 1023 – From Chair on File
(b) Communication from Clarinda Karpove, 3030 Cass Street,
opposing the rezoning of the property located southwest of 72nd
and Maple Streets – see attached.
# 1023 – From Chair on File
(c) Petition and Affidavit, Theresa Peterson and Dr. David J. Hibler, S r.
vs Omaha Zoning Board of Appeals, re: rezoning of property
located southwest of 72nd and Maple Streets – see attached.
# 1023 – From Chair on File
(d) Communications opposing the rezoning of the property located
southwest of 72nd and Maple Streets – see attached.
# 1023 – From Chair on File
(e) Communication from Tony and Theresa Peterson, 7301 Maple
Street, opposing the rezoning of the property located southwest of
72nd and Maple Streets – see attached.
# 1023 – From Chair on File
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9. Ord. to rezone property located Northeast of 15th and Mike Fahey Streets from
HI-Heavy Industrial District to CBD-Central Business District. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1119 – August 25 and September 1 Meetings)
Notice of public hearing on September 15, 2015 published in the Daily
Record on August 28, 2015. Ordinance passed on September 15, 2015
published in the Daily Record on September 23, 2015.
Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the
applicant, appeared and spoke.
CCID # 1119 – Motion by Festersen that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40485 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast of 15th and Mike
Fahey Streets from HI to CBD – see attached.
(See Doc. # 1119 – August 25 Meeting)
# 1119 – From Chair on File
10. Res. that the replat transmitted herewith entitled N.D. PARK, located Northeast
of 15th and Mike Fahey Streets, is hereby approved, and concurrently a portion of
the existing plat entitled Original City of Omaha, and described on said replat, is
hereby vacated – Inside City – over from 8/25/15 for publication and public
hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN
BE ADOPTED TODAY))
(See Doc. # 1120 – August 25 Meeting)
Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the
applicant, appeared and spoke.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1120 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of N.D. PARK, a minor plat located Northeast of 15th
and Mike Fahey Streets – Inside City – over from 8/25/15 – see
attached.
(See Doc. # 1120 – August 25 Meeting)
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# 1120 – From Chair on File
11. Res. that, the Subdivision Agreement among the City of Omaha, NS – Yard
Parking, LLC, a Nebraska Limited Liability Company, and The 14/15 Property
Owners Association, as recommended by the Mayor, providing for the public
improvements and sewer connection to the Omaha Sanitary Sewer System, is
hereby approved. The Subdivision is to be known as N.D. Park (Lots 1-3) and is
located northeast of North 15th Street and Mike Fahey Street – over from 8/25/15
– see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1121 – August 25 Meeting)
Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the
applicant, appeared and spoke.
Motion by Festersen that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1121 – ADOPTED 7-0
12. Ord. to rezone property located Southwest of 60th Street and Northwest Radial
Highway from R5(35)-Urban Family Residential District and CC-Community
Commercial District to NBD-Neighborhood Business District. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1122 – August 25 and September 1 Meetings)
Notice of public hearing on September 15, 2015 published in the Daily
Record on August 28, 2015. Ordinance passed on September 15, 2015
published in the Daily Record on September 23, 2015.
Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke.
CCID # 1122 – Motion by Festersen that the Ordinance be passed
Seconded by Jerram
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40486 – PASSED 7-0
13. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay
District, to incorporate into that district the property located Southwest of 60th
Street and Northwest Radial Highway; and to provide for an effective date – see
attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1123 – August 25 and September 1 Meetings)
Notice of public hearing on September 15, 2015 published in the Daily
Record on August 28, 2015. Ordinance passed on September 15, 2015
published in the Daily Record on September 23, 2015.
Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke.
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CCID # 1123 – Motion by Festersen that the Ordinance be passed
Seconded by Jerram
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40487 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 60th Street and
Northwest Radial Highway from R5(35) and CC to NBD with
approval of an MCC Overlay District – see attached.
(See Doc. # 1123 – August 25 Meeting)
# 1123 – From Chair on File
14. Res. that the preliminary plat entitled BENSON REPLAT 19, located Southwest
of 60th Street and Northwest Radial Highway, 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 8/25/15 for publication and public
hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN
BE ADOPTED TODAY))
(See Doc. # 1107 – August 25 Meeting)
Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke .
Motion by Festersen that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1107 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of BENSON REPLAT 19, located Southwest of
60th Street and Northwest Radial Highway – Inside City – over from
8/25/15 – see attached.
(See Doc. # 1107 – August 25 Meeting)
# 1107 – From Chair on File
15. Res. that the replat transmitted herewith entitled BENSON REPLAT 19, located
Southwest of 60th Street and Northwest Radial Highway, is hereby approved,
and concurrently a portion of the existing plat entitled Benson, and described on
said replat, is hereby vacated – Inside City – over from 8/25/15 for publication
and public hearing – had publication – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1108 – August 25 Meeting)
Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke.
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Motion by Festersen that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1108 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of BENSON REPLAT 19, located Southwest of 60th
Street and Northwest Radial Highway – Inside City over from
8/25/15 – see attached.
(See Doc. # 1108 – August 25 Meeting)
# 1108 – From Chair on File
16. Res. that, the Subdivision Agreement between the City of Omaha and 60th & NW
Radial, LLC, a Nebraska limited liability company, as recommended by the
Mayor, providing for the Watershed Management fees, is hereby approved. The
Subdivision is to be known as Benson Replat 19 (Lots 1-2) and is located
southwest of 60th Street and Northwest Radial Highway – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Chris Erickson, City Ventures, 905 Jones Street, appeared and spoke.
Motion by Festersen that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1168 – ADOPTED 7-0
17. Ord. to approve a Major Amendment to a Mixed Use District Development
Agreement for Whispering Ridge, to allow for the reconfiguration of the required
plaza and open space areas within the development, located Southwest of 171 st
Street and West Maple Road between the City of Omaha and Jerry Torczon,
providing site development standards; and to provide for an effective date – see
attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1124 – August 25 and September 1 Meetings)
Notice of public hearing on September 15, 2015 published in the Daily
Record on August 28, 2015. Ordinance passed on September 15, 2015
published in the Daily Record on September 23, 2015.
Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the
applicant, appeared and spoke.
CCID # 1124 – Motion by Festersen that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40488 – PASSED 7-0
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(a) Planning Board and Planning Department recommends approval of
a Major Amendment to the Whispering Ridge Mixed Use District
Development Agreement, located Southwest of 171st Street and
West Maple Road, to allow for the reconfiguration of the required
plaza and open space areas within the development. The applicant
is Jerry Torczon – see attached.
(See Doc. # 1124 – August 25 Meeting)
# 1124 – From Chair on File
18. Ord. to rezone property located Northwest of 204th Street and Grand Avenue
from AG-Agricultural District to R4-Single-Family Residential District (High
Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1125 – August 25 and September 1 Meetings)
Notice of public hearing on September 15, 2015 published in the Daily
Record on August 28, 2015. Ordinance passed on September 15, 2015
published in the Daily Record on September 23, 2015.
Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the
applicant, appeared and spoke.
CCID # 1125 – Motion by Thompson that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40489 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northwest of 204th Street and
Grand Avenue from AG to R4 – see attached.
(See Doc. # 1125 – August 25 Meeting)
# 1125 – From Chair on File
19. Res. that the plat entitled ARBOR VIEW (Phase II), located Northwest of 204 th
Street and Grand Avenue, is hereby approved and accepted – Outside City –
over from 8/25/15 – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
(See Doc. # 1126 – August 25 Meeting)
Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the
applicant, 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
Res. # 1126 – ADOPTED 7-0
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(a) Planning Board and Planning Department recommend approval of
the Final Plat (Phase II) of ARBOR VIEW, located Northwest of
204th Street and Grand Avenue – Outside City – over from 8/25/15
– see attached.
(See Doc. # 1126 – August 25 Meeting)
# 1126 – From Chair on File
20. Res. that, the Subdivision Agreement among the City of Omaha, Cha rleston
Homes LLC, a Nebraska corporation, Arbor View Homeowners Association,
Elkhorn School District, and Sanitary and Improvement District (S.&I.D.) 561 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 Arbor
View (Lots 128-235) and is located northwest of 204th Street and Grand Avenue
– see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1127 – August 25 Meeting)
Jason Thielen, E & A Consulting Group, 10909 Mill Valley Road, representing the
applicant, 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
Res. # 1127 – ADOPTED 7-0
RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION
AGREEMENT
21. Res. that the preliminary plat entitled W. JOHNSTON COMMONS, a cluster
subdivision, located at 1228, 1230, 1234 South 10th Street and 1229, 1233 South
11th Street, with a request for a waiver of Section 53-9(9) of the Omaha Municipal
Code for Sidewalks adjacent to Lots 28-35, 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 8/25/15 for publication and public
hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN
BE ADOPTED TODAY))
(See Doc. # 1103 – August 25 Meeting)
Nir Jagal (?), 144 South 39th Street, on behalf of the owner, appeared and
spoke.
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Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1103 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of W. JOHNSTON COMMONS, a cluster
subdivision, with a waiver of Section 53-9(9) of the Omaha
Municipal Code for Sidewalks adjacent to Lots 28-35, located at
1228, 1230, 1234 South 10th Street and 1229, 1233 South 11th
Street – Inside City – over from 8/25/15 – see attached.
(See Doc. # 1103 – August 25 Meeting)
# 1103 – From Chair on File
22. Res. that the preliminary plat entitled E.V. SMITH’S ADDITION REPLAT 11,
located Southwest of 18th and Clark Streets, is hereby accepted; and, the
preparation of the final plat of this subdivision is hereby authorize d – Inside City –
over from 8/25/15 for publication and public hearing – had publication – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1104 – August 25 Meeting)
Motion by Melton that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1104 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of E.V. SMITH’S ADDITION REPLAT 11,
located Southwest of 18th and Clark Streets – Inside City – over
from 8/25/15 – see attached.
(See Doc. # 1104 – August 25 Meeting)
# 1104 – From Chair on File
23. Res. that the replat transmitted herewith entitled E.V. SMITH’S ADDITION
REPLAT 11, located Southwest of 18th and Clark Streets, is hereby approved,
and concurrently a portion of the existing plat entitled E.V. Smith’s Addition
Replat 10, and described on said replat, is hereby vacated – Inside City - over
from 8/25/15 for publication and public hearing – had publication – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1105 – August 25 Meeting)
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Motion by Melton that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1105 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of E.V. SMITH’S ADDITION REPLAT 11, located
Southwest of 18th and Clark Streets – Inside City - over from
8/25/15 – see attached.
(See Doc. # 1105 – August 25 Meeting)
# 1105 – From Chair on File
24. Res. that the preliminary plat entitled BARTLETTS ADDITION to OMAHA
REPLAT 5, located at 809 South 31st Street, with a request for a waiver of
Section 53-8(4)(a), Section 53-8(4)(d) and Section 53-9(9) of the Omaha
Municipal Code for Lot depth, Lot frontage and Sidewalks, 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 8/25/15 for
publication and public hearing – had publication – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1106 – August 25 Meeting)
Motion by Melton that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1106 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of BARTLETTS ADDITION to OMAHA
REPLAT 5, with a waiver of Section 53-8(4)(a), Section 53-8(4)(d)
and Section 53-9(9) of the Omaha Municipal Code for Lot depth,
Lot frontage and Sidewalks, located at 809 South 31st Street –
Inside City - over from 8/25/15 – see attached.
(See Doc. # 1106 – August 25 Meeting)
# 1106 – From Chair on File
25. Res. that the revised preliminary plat entitled GINGER CREEK (Lots 1 -3 & Outlot
A), located Southeast of 165th Street and West Maple Road, along with the
attached conditions, is hereby accepted; and, the preparation of the final plat of
this subdivision is hereby authorized – Outside City – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
Doug Dreessen, 10836 Old Mill Road, on behalf of the applicant, appeared and
spoke.
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Motion by Melton that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1192 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Revised Preliminary Plat of GINGER CREEK (Lots 1 -3 & Outlot
A) located southeast of 165th Street and West Maple Road –
Outside City – see attached.
# 1192 – From Chair on File
“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 26 SHALL BE LAID OVER TWO
WEEKS FOR PUBLICATION AND PUBLIC HEARING”
26. Res. that the plat entitled READY MIXED RAILROAD ADDITION, located at
4765 South 135th Street, is hereby approved and accepted – Inside City – see
attached.
Notice of public hearing on September 29, 2015 published in the Daily
Record on September 18, 2015.
CCID # 1205 – Over two weeks to September 29, 2015 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 READY MIXED RAILROAD ADDITION, a
subdivision inside the city limits, located at 4765 South 135 th Street
– Inside City – see attached.
# 1205 – Over to 9/29/15
* * * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 27 SHALL BE LAID OVER TWO WEEKS”
27. Res. that, the Subdivision Agreement between the City of Omaha and Ready
Mixed Co., a Division of Lyman-Richey Corporation, a Nebraska Corporation, as
recommended by the Mayor, providing for the Watershed Management fees,
Interceptor Sewer fees, Parks fees, and sewer connection to the Omaha Sanitary
Sewer System, is hereby approved. The Subdivision is to be known as Ready
Mixed Addition Replat 1 (Lots 1-3) and is located at 4765 South 135th Street –
see attached.
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CCID # 1206 – Over two weeks to September 29, 2015 for public hearing
pursuant to City Council Rule VII E.
* * * * * * * * * * * * * *
SPECIAL USE PERMIT – LARGE GROUP LIVING
28. Res. that the Special Use Permit application submitted by The Salvation Army for
a Special Use Permit to allow Large group living in a GO -General Office District,
located at 3612 Cuming Street, 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
8/25/15 for publication and public hearing – had publication – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1109 – August 25 Meeting)
David Lenke, HDR, 8404 Indian Hills Drive, on behalf of the applicant, appeared
and spoke.
Motion by Jerram that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1109 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of The Salvation Army for a Special Use Permit to allow
Large group living in a GO District located at 3612 Cuming Street –
over from 8/25/15 – see attached.
(See Doc. # 1109 – August 25 Meeting)
# 1109 – From Chair on File
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SPECIAL USE PERMIT – RECREATIONAL CLUB
29. Res. that the Special Use Permit application submitted by YMCA of Greater
Omaha for a Major Amendment to a Special Use Permit (assumed) to allo w
Recreational club in a R6- Low-Density Multiple-Family Residential District,
located at 13010 Atwood Avenue, Omaha, Nebraska, is hereby approved and
the Permits and Inspection Division is directed to issue the necessary permit
therefor, provided the conditions set out in Exhibit "A" of the above referenced
application, conditions set out in Exhibit "B", and all applicable local or state
statutes, ordinances or regulations are complied with. That the proposed Special
Use Permit has been reviewed and evalu ated pursuant to, and meets each of,
the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from
8/25/15 for publication and public hearing – had publication – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1110 – August 25 Meeting)
Matthew Chaddock, representing YMCA of Greater Omaha, appeared and
spoke.
Motion by Thompson that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1110 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of YMCA of Greater Omaha for a Major Amendment to
a Special Use Permit (assumed) to allow Recreational club in a R6-
Low-Density Multiple-Family Residential District, located at 13010
Atwood Avenue – over from 8/25/15 – see attached.
(See Doc. # 1110 – August 25 Meeting)
# 1110 – From Chair on File
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“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 30 SHALL BE LAID OVER TWO
WEEKS FOR PUBLICATION AND PUBLIC HEARING”
SPECIAL USE PERMIT – CONVENIENCE STORAGE
30. Res. that the Special Use Permit application submitted by Daryl Leise for a
Special Use Permit to allow Convenience storage in a CC-Community
Commercial District located Northeast of 204th and Farnam 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, ordina nces 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 September 29, 2015 published in the Daily
Record on September 18, 2015.
CCID # 1209 – Over two weeks to September 29, 2015 for publication and public
hearing pursuant to City Council Rule VII E.
(a) Planning Board and Planning Department recommend approval of
the request of Daryl Leise for a Special Use Permit to allow
Convenience storage in a CC-Community Commercial District
located Northeast of 204th and Farnam Streets – see attached.
# 1209 – Over to 9/29/15
* * * * * * * * * * * * * *
LIQUOR
31. CLASS “C” – Atch’s Five, LLC, dba “Varsity Sports Café & Roman Coin Pizza”,
4900 Dodge Street. New application, Old location. Present licensee is YAP on
Dodge, L.L.C., dba “Varsity Sports Café – Roman Coin Pizza”, 4900 Dodge
Street, who has a Class “C” 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))
Aaron Smeall, Smith Gardner Slusky Law, 8712 West Dodge Road Suite 400, on
behalf of the applicant, appeared and spoke.
Motion by Melton that the Resolution to GRANT be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1182 – ADOPTED 7-0
- 17 -
32. CLASS “I” – Blue & Fly, LLC, dba “Blue & Fly Asian Kitchen”, 721 South 72 nd
Street. New application, New location. Property posted: 09 -02-15; Notification
sent: 09-04-15 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Yue Cong, 721 South 72nd Street, appeared and spoke.
Motion by Thompson that the Resolution to GRANT be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1183 – ADOPTED 7-0
33. PACKAGE - RIFS, Inc., dba “Q St Express”, 8410 “Q” Street. New application,
New location. Property posted: 09-02-15; Notification sent: 09-04-15 – see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
Mike Kelley, 7134 Pacific Street, on behalf of the applicant, appeared and spoke.
Motion by Melton that the Resolution to GRANT 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
Res. # 1184 – Adopted 6-0-1 Pass
34. Market Basket, Inc., dba “Market Basket”, 2501 South 90th Street, requests
permission for an addition to their present Class “C” Liquor License loca tion of an
outdoor area approx. 45’ x 17’ to the north. Property posted: 09 -02-15;
Notification sent: 09-04-15 – see attached. ((PUBLIC HEARING TODAY –
MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Dave Fanslau, Planning Department, appeared and spoke.
- 18 -
CCID # 1185 – Motion by Thompson that the request be approved contingent
upon their compliance with the City of Omaha Planning Department and proper
permits attained
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Approved 7-0
(a) Communication from Michael W. Wilwerding, Chief Building
Inspector, Permits & Inspection Division, requesting a layover until
such time as compliance is met with the Planning Department and
permits are obtained and final inspections completed re: Market
Basket, Inc., dba “Market Basket”, 2501 South 90 th Street for an
addition to their present Class “C” Liquor License – see attached.
CCID # 1185 – From Chair on File
(b) Communication supporting the application of Market Basket, Inc.,
dba “Market Basket”, 2501 South 90th Street for an addition to their
present Class “C” Liquor License location – see attached.
CCID # 1185 – From Chair on File
35. Omaha Brewery, Inc., dba “Benson Brewery”, 6059 Maple Street, requests
permission for an addition to their present Class “C” Liquor License location of
the connected building approx. 45’ x 20’ to the east known as 6057 Ma ple Street.
Property posted: 09-02-15; Notification sent: 09-04-15 – see attached.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mike Kelley, 7134 Pacific Street, on behalf of the applicant
Chad Rozniecki, General Manager, Benson Brewery, 3639 South
104th Street
CCID # 1186 – Motion by Melton that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
(a) Omaha Brewery, Inc., dba “Benson Brewery”, 6059 Maple Street,
requests permission for an addition to their present Class “L” (Brew
Pub) and Catering Liquor License location of the connected
building approx. 45’ x 20’ to the east known as 6057 Maple Street.
Property posted: 09-02-15; Notification sent: 09-04-15 – see
attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
- 19 -
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mike Kelley, 7134 Pacific Street, on behalf of the
applicant
Chad Rozniecki, General Manager, Benson Brewery,
3639 South 104th Street
CCID # 1187 – Motion by Melton that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton,
Mr. President
Motion Carried 7-0
36. 5918, Inc., dba “Musette Bar”, 6020 Maple Street, requests a deletion to their
present Class “C” Liquor License location to remove 7 feet of the existing beer
garden – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
Attorney Sarah Mooney, on behalf of the applicant, appeared and spoke.
CCID # 1188 – 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
37. Foursome Bar, Inc., dba “Harold’s Bar”, 8558 Blondo Street, requests permission
to appoint Harold R. Newbanks, Jr., manager of their present Class “C” Liquor
License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Mike Kelley, 7134 Pacific Street, on behalf of the applicant, appeared and spoke.
CCID # 1189 – Motion by Melton that the request be approved
Seconded by Thompson
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
Motion Carried 6-0-1 Pass
- 20 -
38. The V-Omaha, LLC, dba “Alley V”, 3375 Oakview Drive, requests permission to
appoint Jerry J. Goerig manager of their present Class “C” and Catering Liquor
License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Jerry Goerig, Manager, Alley V, 3375 Oakview Drive, appeared and spoke.
CCID # 1190 – Motion by Melton that the request be approved
Seconded by Jerram
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
39. Wadsworth Old Chicago, Inc., dba “Old Chicago”, 425 North 78th Street, requests
permission to appoint Scott R. Blobaum manager of their present Class “I” Liquor
License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Scott Blobaum, General Manager, Old Chicago, 425 North 78th Street, appeared
and spoke.
CCID # 1191 – 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
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 hearing on Agenda Item No. 40 was held on September 1, 2015.)
CONSENT AGENDA – ORDINANCE
40. Ord. to add a new Section 21-8 in Article I of Chapter 21 of the Omaha Municipal
Code, entitled “Hunting Prohibited,” which prohibits hunting in city parks and
limits the possession of bows and arrows in city parks; and to provide the
effective date thereof – see attached.
(See Doc. # 1128 – August 25 and September 1 Meetings)
Notice of public hearing on September 1, 2015 published in the Daily
Record on August 28, 2015. Ordinance passed on September 15, 2015
published in the Daily Record on September 23, 2015.
- 21 -
CCID # 1128 – Motion by Gernandt that the Ordinance be passed
Seconded by Thompson
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
ORDINANCE # 40490 – PASSED 7-0
(a) Communication from Michelle A. Peters, Assistant City Attorney, re:
an Ordinance to add a new Section 21-8 in Article I of Chapter 21
of the Omaha Municipal Code, entitled “Hunting Prohi bited” – see
attached.
# 1128 – From Chair on File
((MOTION NEEDED THAT THE ORDINANCE ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
(The public hearings on Agenda Item Nos. 41 through 56 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
AGENDA ITEM NO. 41 REMOVED FROM THE CONSENT AGENDA AT THE
REQUEST OF COUNCIL PRESIDENT GRAY
41. Res. that, the Second Amendment to the Subdivision Agreement between the
City of Omaha and Edward Rose Development Company, L.L.C., a Michigan
limited liability company, as recommended by the Mayor, providing for the
adjustment of the schedule for the installation of public improvements, is hereby
approved. The Subdivision is known as Kensington Park (Lots 1 and 2) and is
located Northwest of 207th and “Q” Streets – see attached.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Kirsten Rimes, Edward Rose & Sons, 6101 Newport Road,
Kalamazoo, MI
Opponent: Larry Jobeun, 11440 West Center Road, on behalf of Jerry Torczon
For the City: Ryan Haas, Public Works Department
Dave Fanslau, Planning Department
Motion by Jerram that the Resolution NOT be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
CCID # 1193 – CARRIED 7-0
- 22 -
42. Res. that, as recommended by the Mayor, Change Order No. 1 for Swain
Construction Company for the relocation of electrical services added to OPW
52607, to be performed as part of the Maple Street Improvements Project along
59th to 63rd Street, is hereby approved; and that, the Finance Department is
authorized to pay an additional sum of $293,499.82, for the changes to the
contract, from the 2010 Transportation Fund 13183, Transportation Bonds
Organization 117117, year 2015 expenditure – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1194 – ADOPTED 7-0
43. Res. that, as recommended by the Mayor, the Professional Services Agreement
with CH2M Hill Engineers, Inc. for additional engineering design services on
OPW 52839, being the Stormwater Pumping System at the Missouri River Waste
Water Treatment Plant project, is hereby approved; and that, the Finance
Department is authorized to pay CH2M Hill Engineers, Inc. $27,680.00 for these
professional engineering services from the Sewer Revenue Improvement Fund
21124, Capital Asset Replacement Program (CARP) Organization 116913;
Sewer Revenue Bonds will be issued to finance this project – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1195 – ADOPTED 7-0
44. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Bobcat of Omaha for the purchase of three (3)
equipment trailers to be utilized by the Street Maintenance Division in the amount
of $30,300.00; and that the Finance Department is authorized to pay the cost of
this purchase from the Street and Highway Allocation Fund 12131, Pavement
Maintenance Organization 116158, year 2015 funding – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1196 – ADOPTED 7-0
- 23 -
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 ready mixed concrete to be
delivered to job sites throughout the City and within 3 m iles of the city limits; and,
that the Finance Department is authorized to pay the cost of ready mixed
concrete purchased under this bid from the Street and Highway Allocation Fund
12131, Pavement Maintenance Organization 116158, year 2015 expenditures.
Other Departments or Divisions utilizing this bid will pay for such usage from their
respective cost centers – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1197 – ADOPTED 7-0
46. Res. that the application of Randy Ashley for a lease of City property adjacent to
1017 South 10th Street, Omaha, Nebraska for purposes of a fenced outdoor
eating area, as described on the application, be and hereby is approved,
contingent upon continued compliance with all requirements made and provided
by law; and the Finance Department is directed to issue a billing statement and a
lease form to the applicant for execution and return – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1199 – ADOPTED 7-0
47. Res. that the application of FA Properties LLC for a lease of City property
adjacent to 4310-4316 South 24th Street, Omaha, Nebraska for purposes of
stairs, ADA ramp and exterior façade relief, as described on the application, be
and hereby is approved, contingent upon continued compliance with all
requirements made and provided by law; and the Finance Department is directed
to issue a billing statement and a lease form to the applicant for execution and
return – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1200 – ADOPTED 7-0
- 24 -
48. Res. that the nomination of “Carrie Justus Street” as a commemorative street
name on 57th Street between Grand Avenue and Browne Street is hereby
approved; and the Public Works Department is authorized to erect the
acceptable sign(s) therefore, in compliance with all applicable local and state
statutes, ordinances or regulations, and policies with all costs to be borne by the
applicant – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram , Melton, Mr. President
Res. # 1169 – ADOPTED 7-0
49. Res. that, as recommended by the Mayor, the bid in the total amount of
$36,258.76 from Swain Construction, Inc., to furnish labor, materials, and all
incidentals necessary to complete the construction of the concrete sidewalk at
Maple Village Park, located at 3865 Parkview Drive, being the best bid received
within bid specifications, attached hereto and made a part hereof, is hereby
accepted. The Purchasing Agent is authorized to issue a purchase order in
conformance herewith. Funds in the amount of $36,258.76 shall be paid from the
2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317,
Parks and Cultures Bond, for the 2015 fiscal year – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1171 – ADOPTED 7-0
50. Res. that, as recommended by the Mayor, the bid in the total amount of
$189,900.00 (includes Alternate No. 1, in the amount of $3,900.00) from Fauss
Construction, Inc., to provide all tools, labor, mechanics for labor, equipment, and
materials for the renovation of the exterior of the District #3 building, 4110 South
140th Street, being the best bid received within bid specifications, attached hereto
and made a part hereof, is hereby accepted. The Purchasing Agent is authorized
to issue a purchase order in conforman ce herewith. Funds in this amount shall
be paid from the 2010 Parks & Recreation Bond Fund No. 13355, and
Organization No. 117317, Parks & Cultures Bond, for the 2015 fiscal year – see
attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1172 – ADOPTED 7-0
- 25 -
51. Res. that, as recommended by the Mayor, the purchase of Trap & Skeet Range
Clay Targets for 2014, for the Harry A. Koch Trap and Skeet Range at Seymour
Smith Park, located at 6802 Harrison Street, not to exceed $80,000.00, is hereby
approved and the Purchasing Agent is authorized to issue an open purchase
order in conformance herewith. Funds in this amount shall be paid from the City
Wide Sports Revenue Fund No. 21108 and Organization No. 115366, Trap &
Skeet – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1173 – ADOPTED 7-0
52. Res. to transfer unencumbered funds in the 2015 Adopted Budget in the amount
of $2,000 from account 42854 (Seminar Registration) to account 42121 (Travel
and Subsistence) for the Public Works Department – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1174 – ADOPTED 7-0
53. Res. that the City of Omaha retains its membership in the League of Nebraska
Municipalities and pays its dues in the amount of $67,499.00 to be paid from the
2015 General Fund 11111, General Expense 119014, Account 42852
Membership Dues – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1175 – ADOPTED 7-0
54. Res. that the nomination and appointment by Mayor Stothert of Brian Kruse as a
member of the Administrative Appeals Board for a three -year term, shall
commence on September 18, 2015, and expire on September 17, 2018, be and
hereby is confirmed – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1176 – ADOPTED 7-0
- 26 -
55. Res. that the City Law Department be directed to conclude this damage claim
submitted with the City of Omaha from Metropolitan Utilities District for damages
as a result of two large sewer main collapses at 19th & Pierce Streets on January
2, 2015 in an amount not to exceed $40,482.89, and that the City Finance
Department shall issue such warrant as necessary with said funds to be paid
from Sewer Revenue Fund No. 21121, Sewer Maintenance Organization No.
116511, Account No. 42255 – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1201 – ADOPTED 7-0
56. Res. the City Law Department be directed to conclude this damage claim
submitted with the City of Omaha from Tim and Linda Daugherty for damages as
a result of a sewer backup at their residence located at 1502 South 88 th Street on
October 14, 2013 in an amount not to exceed $50,000.00, and that the City
Finance Department shall issue such warrant as necessary with said funds to be
paid from Sewer Revenue Fund No. 21121, Sewer Maintenance Organization
No. 116511, Account No. 42255 – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1202 – ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
ORDINANCE ON FINAL READING
57. Ord. to accept the proposal from LeadsOnline, involving the payment of money
from appropriations of more than one year in accordance with Section 5.17 of the
Home Rule Charter of the City of Omaha, 1956, as amended; to enter into a
three-year agreement to utilize the Leads System to support Omaha Police
Department investigations, as a unique and noncompetitive service, in the
amount of $52,908.00 per year; and to provide the effective date hereof – over
from 8/25/15 and continue the public hearing – see attached. ((PUBLIC
HEARING CONTINUED TO TODAY – CAN BE PASSED TODAY))
(See Doc. # 1092 – August 18 and August 25 Meetings)
- 27 -
CCID # 1092 – Motion by Thompson that the Ordinance be laid over two weeks
to September 29, 2015 and continue the public hearing
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
(a) Document submitted re: the Ordinance to accept the proposal from
LeadsOnline to enter into a three -year agreement to utilize the
Leads System to support Omaha Police Department investigations
– over from 8/25/15 – see attached.
# 1092 – Over to 9/29/15
(b) Communication from James Dowding, City Council Chief of Staff,
advising that Paul Kratz, City Attorney, requests that the ordinance
approving the agreement with LeadsOnline be laid over two weeks
to September 29, 2015 and continue the public hearing – see
attached.
# 1092 – From Chair on File
RESOLUTION
58. Res. that the final offer attached as Exhibit “A” to this Resolution is the
Association’s final offer for calendar year December 21, 2014 through December
14, 2015 for the wages, employee benefits and overall compensation practices
for members of the Omaha Police Union Local No. 101 AFL-CIO-I.U.P.A. A/K/A
Omaha Police Officers Association is hereby approved – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Opponent: Mark McQueen, Attorney, Baird Holm, on behalf of the Mayor
For the City: Bernard in den Bosch, Deputy City Attorney
CCID # 1177 – Motion by Melton that the Resolution NOT be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
- 28 -
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 59
THROUGH 60 SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON SECOND READING
59. Ord. to approve a Major Amendment to a PUD-Planned Unit Development
Overlay District in a R6-Low-Density Multiple Family Residential District for the
property located at 4502 South 60th Street; and to provide for an effective date –
see attached.
(See Doc. # 1155 – September 1 Meeting)
CCID # 1155 – ORDINANCE ON SECOND READING – Final reading to be held
on September 22, 2015 as per City Charter requirements.
60. Ord. to rezone property located at 7023 Cass Street from R2-Single Family
Residential District (Low Density) to LC-Limited Commercial District.
(See Doc. # 1156 – September 1 Meeting)
CCID # 1156 – ORDINANCE ON SECOND READING – Final reading to be held
on September 22, 2015 as per City Charter requirements.
* * * * * * * * * * * * *
ORDINANCES ON SECOND READING
61. Ord. to approve a contract between the City of Omaha and the Elkhorn Public
Schools for the City to provide, through its assignment, one Associate School
Resource Officer and a marked police cruiser, subject to the availability of such
cruiser and Elkhorn’s needs, to the premises of Elkhorn High School, located at
711 Veterans Drive, involving appropriations of more than one fiscal year in
conformity with Section 5.17 of the Home Rule Charter, to perform police work at
the District property twenty (20) hours per week while school is in session during
the regular school year, from August 10, 2015 and ending at the close of the
2015 - 2016 school year. The reimbursement payment from the Elkhorn Public
Schools to the City will be in the amount of $28.50 per hour for the officer, not to
exceed $22,353.00; and to provide for an effective date hereof – see attached.
((PUBLIC HEARING TODAY))
(See Doc. # 1160 – September 1 Meeting)
CCID # 1160 – Public Hearing was held today – Final reading set for September
22, 2015 as per City Charter requirements.
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62. Ord. to accept the bid from BlueCloud for carpet and upholstery cleaning service
at ten Omaha Public Library facilities (W. Dale Clark (Main) Library, Milton R.
Abrahams Branch, Benson Branch, Bess Johnson Elkhorn Branch, Florence
Branch, Millard Branch, A. V. Sorensen Branch, W. Clarke Swanson Branch,
Charles B. Washington Branch, and Willa Cather Branch), in accordance with t he
lowest bid submitted meeting specifications, for an initial term from approximately
October 1, 2015, to September 30, 2018, and thereafter, extendible for two one -
year terms at the sole option of the City, commencing upon approval; to
authorize annual payments of approximately $46,452.00; and to provide an
effective date – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 1164 – September 1 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Brandon Tenney, President, BlueCloud, 13406 A Street
For the City: Regina Dale, Omaha Public Library, 215 South 15th Street
CCID # 1164 – Public Hearing was held today – Final reading set for September
22, 2015 as per City Charter requirements.
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 63
THROUGH 67 SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
63. Ord. to rezone the property located at 4953 Mayberry Street from R4(35)-Single-
Family Residential District (High Density) to R4-Single-Family Residential District
(High Density).
CCID # 1178 – Publication to be made and Public Hearing and Third Reading to
be held on September 29, 2015 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a request to rezone the property located at 4953 Mayberry Street
from R4(35) to R4 – see attached.
# 1178 – Over to 9/29/15
64. Ord. to approve a Major Amendment to a Mixed Use District Development
Agreement for Aksarben Business and Education Campus, to allow for the
construction of student housing dormitories and a parking garage, located at
6450 Pine Street between the City of Omaha and Tetrad Development
Corporation, providing site development standards; and to provide for an
effective date – see attached.
CCID # 1203 – Publication to be made and Public Hearing and Third Reading to
be held on September 29, 2015 as per City Charter requirements.
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(a) Planning Board and Planning Department recommends appro val of
a Major Amendment to the Aksarben Business and Education
Campus Mixed Use District Development Agreement located at
6450 Pine Street to allow for the construction of student housing
dormitories and a parking garage. The applicant is Tetrad
Development Corporation – see attached.
# 1203 – Over to 9/29/15
65. Ord. to rezone the property located at 4765 South 135 th Street from GI-General
Industrial District and HI-Heavy Industrial District to GI-General Industrial District
(portions of the property lie within the flood fringe).
CCID # 1204 – Publication to be made and Public Hearing and Third Reading to
be held on September 29, 2015 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 4765 South 135th Street
from GI-General Industrial District and HI-Heavy Industrial District
to GI-General Industrial District (portions of the property lie within
the flood fringe) – see attached.
# 1204 – Over to 9/29/15
66. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay
District, to incorporate into that district the property located Northeast of 204th
and Farnam Streets; and to provide for an effective date – see attached.
CCID # 1208 – Publication to be made and Public Hearing and Third Reading to
be held on September 29, 2015 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
an MCC-Major Commercial Corridor Overlay District, for property
located Northeast of 204th and Farnam Streets – see attached.
# 1208 – Over to 9/29/15
ORDINANCE ON FIRST READING
67. Ord. to approve a Real Estate Exchange Agreement and grant a fence easement
and a permanent access easement for property near 135 th Street and Millard
Avenue to the Lyman Richey Corporation for purposes of transferring real estate
belonging to the City and used by Park Maintenance, authorizing the Mayor to
execute the attached Agreement and Permanent Easement; and to provide an
effective date thereof – see attached.
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CCID # 1207 – Publication to be made and Public Hearing and Third Reading to
be held on September 29, 2015 per City Council Rule VII D.
* * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 68
THROUGH 79 SHALL BE HELD ON THE SECOND READING”
ORDINANCES ON FIRST READING and Planning Board Attachments
68. Ord. to designate the Atlas Apartments located at 1609 Binney Street as a
landmark pursuant to the Landmark Heritage Preservation Ordinance of the City
of Omaha – see attached.
CCID # 1179 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a request for a Local Landmark Designation for the Atlas
Apartments (15-11-H1) located at 1609 Binney Street – see
attached.
# 1179 – Over to 9/22/15
69. Ord. to designate the Ernest P. Buffett House located at 1015 South 30 th Avenue
as a landmark pursuant to the Landmark Heritage Preservation Ordinance of the
City of Omaha – see attached.
CCID # 1180 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
(a) Planning Board and Planning Department recomm end approval of
a request for a Local Landmark Designation for the Ernest P.
Buffett House (15-09-H1) located at 1015 South 30th Avenue – see
attached.
# 1180 – Over to 9/22/15
ORDINANCES ON FIRST READING
70. 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 -
152, at 902 Grace Street, as requested by Seth S carlett of Cooter Enterprises,
Inc.; and to provide the effective date hereof – see attached.
CCID # 1210 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
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71. 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 -
153, at 12520 “F” Plaza, as requested by Dustin Dyer of Liberty Grounds, LLC;
and to provide the effective date hereof – see attached.
CCID # 1211 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
72. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a
new Class “B” Flammable Liquids Storage District to be known as District No. B -
189 at 17500 Burke Street, as requested by Dan Steinbach for Madonna
Rehabilitation Hospital; and to provide the effective date hereof – see attached.
CCID # 1212 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
73. Ord. to approve the acceptance of the Nebraska Crime Commission, 2015
Juvenile Services Grant, award #15-JS-0420 to Completely KIDS, in the amount
of $37,500, with a match of $41,890 provided by the subcontractor Completely
KIDS; during the project period of July 1, 2015 to June 30, 2016, to provide
program support for the Liberty Project, a program to address youth violence
through family strengthening and youth therapy services to diminish risk factors
associated with trauma and violence; 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, providin g for the effective date
hereof – see attached.
CCID # 1213 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
74. Ord. (1) to approve an agreement between the City of Omaha and the Boys &
Girls Clubs of the Midlands in the amount of thirty six thousand four hundred and
sixty three dollars ($36,463); and (2) to authorize funding for such agreement
from the FY 2013 Edward Byrne Memorial Justice Assistance Grant Program,
award #2013-DJ-BX-0974, awarded by the U.S. Department of Justice (DOJ),
Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); to employ
a South Omaha Gang Specialist; involving a ppropriations 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.
CCID # 1214 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
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75. Ord. to approve an agreement between the City of Omaha and Completely KIDS
in the amount of thirty seven thousand five hundred dollars ($37,500) to conduct
the Liberty Elementary Project; to strengthen families and provide youth therapy
services to diminish risk factors associated with trauma and violence during the
period of July 1, 2015 and June 30, 2016; to authorize funding for such
agreement from the Nebraska Commission on Law Enforcement and Criminal
Justice (Nebraska Crime Commission) FY 2015 Juvenile Services Grant, Awards
#15-JS-0420; and to authorize payment from such grant funding and in volving
appropriations of more than one year in conformity with Section 5.17 of the Home
Rule Charter; and, providing for the effective date hereof – see attached.
CCID # 1215 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
76. Ord. (1) to approve an agreement between the City of Omaha and Brenda L.
Daley and Associates in the amount of thirty two thousand seven hundred and
sixty dollars ($32,760); and (2) to authorize funding for such agreement from the
City of Omaha’s FY 2014 Violent Gang and Gun Crime Reduction Program
(Project Safe Neighborhoods): Category 3, grant award #2014-GP-BX-0010,
awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs
(OJP), Bureau of Justice Assistance (BJA); to provide funding for the position of
the Project Safe Neighborhoods (PSN) Director of 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.
CCID # 1216 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
77. Ord. to approve an agreement between the City of Omaha and the GOALS
Center in the amount of thirty four thousand seven hundred and t wenty dollars
($34,720) to support a family advocate to address absenteeism and at -risk
behavior among youth to improve student attendance and learning during the
period of July 1, 2015 and June 30, 2016; to authorize funding for such
agreement from the Nebraska Commission on Law Enforcement and Criminal
Justice (Nebraska Crime Commission) FY 2015 Juvenile Services Grant, Award
#15-JS-0413; and to authorize payment from such grant funding and involving
appropriations of more than one year in conformity with Section 5.17 of the Home
Rule Charter; and, providing for the effective date hereof – see attached.
CCID # 1217 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
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78. Ord. to approve an agreement between the City of Omaha and the Latino Center
of the Midlands in the amount of forty four thousand one hundred and nineteen
dollars ($44,119) to provide youth violence prevention programming to young
males between the ages of 14 to 18 during the period of July 1, 2015 and June
30, 2016; to authorize funding for such agreement from the Nebraska
Commission on Law Enforcement and Criminal Justice (Nebraska Crime
Commission) FY 2015 Juvenile Services Grant, Award #15-JS-0417; and to
authorize payment from such grant funding and involving appropriations of more
than one year in conformity with Section 5.17 of the Home Rule Charter; and,
providing for the effective date hereof – see attached.
CCID # 1218 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
79. Ord. to amend Omaha Municipal Code Sections 20-320, 30-261, and 30-265 to
prohibit the possession, use, discharge, retail sale, offer for retail sale, or
explosion of flying lanterns; to repeal Sec. 20 -320, 30-261, and 30-265 as
heretofore existing; and to provide the effective date thereof – see attached.
CCID # 1181 – Publication to be made and Public Hearing to be held on
September 22, 2015 as per City Charter requirements.
* * * * * * * * * * * * *
ADDITIONAL RESOLUTIONS
80. Res. that, as recommended by the Mayor, the purchase from PCMG, Inc., the
lowest bidder according to specifications, in the amount of twenty seven
thousand six hundred and sixteen dollars ($27,61 6) for the purchase of thirty
eight (38) Apple iPads (128GB, Wi-Fi only) and forty eight (48) AppleCare+
licenses for the Omaha Fire Department (OFD), Fire Prevention Bureau to
electronically collect and enter critical building data during regular inspection
visits, is hereby approved. Further that, the Finance Department of the City of
Omaha is authorized to pay PCMG, Inc. in the amount of $27,616 for the
purchase of thirty eight (38) Apple iPads (128GB, Wi-Fi only) and forty eight (48)
AppleCare+ licenses, budgeted from and funded by the U.S. Department of
Homeland Security (DHS), Federal Emergency Management Agency (FEMA)
FY2013 Assistance to Firefighters Grant Program – Fire Prevention and Safety
Grant, award #EMW -2013-FP-01003, Fund 12168, Organization 114551 – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1219 – ADOPTED 7-0
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81. Res. that the reappointment by Mayor Jean Stothert of Jacquelene Miller
Donovan as a regular member of the Zoning Board of Appeals, to serve a five
year term which shall commence on September 27, 2015 and expire on
September 26, 2020, be and hereby is confirmed and approved – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Melton that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Res. # 1220 – ADOPTED 7-0
EXECUTIVE SESSION
82. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Motion by Gernandt that the meeting be adjourned
Seconded by Melton
ROLL CALL:
Yeas: Pahls, Thompson, Festersen, Gernandt, Jerram, Melton, Mr. President
Motion Carried 7-0
ADJOURNED: 4:04 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 September 15, 2015.
WITNESS:
_______________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN
STOTHERT ON THE 17TH DAY OF SEPTEMBER, 2015.