2014-03-11j8th REGULAR OMAHA CITY COUNCIL MEETING
MARCH 11, 2014
THE CITY COUNCIL met in Regular Session on Tuesday, March 11, 2014 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 Pete Festersen.
ROLL CALL
1. City Clerk calls the roll.
CCID # 305 – Present: Thompson, Gernandt, Gray, Jerram, Melton, Pahls,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Franklin Thompson of District No. 6.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on March 7, 2014, notice re: Pre-Council and Regular City Council
Meetings, March 11, 2014.
CCID # 306 – 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 ADDRE SSING 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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ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
5. Ord. to approve the Vinton Street NCE District Plan for the City of Omaha,
located in an area generally bounded by Castelar Street on the north, 13th and
15th Street on the east, Deer Park Boulevard on the south and 24th Street on the
west; and to provide for the effective date hereof – see attached. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 271 – February 25 and March 4 Meetings)
Notice of public hearing on March 11, 2014 published in the Daily Record
on February 28, 2014. Ordinance passed on March 11, 2014 published in
the Daily Record on March 19, 2014.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Connie Spellman, Director, Omaha by Design, 705 North 57 th
Street
Larry Ferguson, 1701 Vinton Street
Protestant: Jerry Sandoval, 2725 South 19th Street
For the City: Jed Moulton, Planning Department
CCID # 271 – Motion by Gernandt that the Ordinance be passed
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39931 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
the Vinton Street NCE District Plan for the City of Omaha, located
in an area generally bounded by Castelar Street on the north, 13 th
and 15th Street on the east, Deer Park Boulevard on the south and
24th Street on the west – see attached.
(See Doc. # 271 – February 25 Meeting)
# 271 – From Chair on File
6. Ord. to approve an amendment to the Future Land Use Element of the Master
Plan for the City of Omaha, to allow for increased residential density within the
areas immediately surrounding the commercial district of historic Vinton Street for
properties located in an area generally bounded by Castelar Street on the north,
13th and 15th Street on the east, Deer Park Boulevard on the south and 24th
Street on the west; and to provide for the effective date hereof – see attached.
((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 272 – February 25 and March 4 Meetings)
Notice of public hearing on March 11, 2014 published in the Daily Record
on February 28, 2014. Ordinance passed on March 11, 2014 published in
the Daily Record on March 19, 2014.
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THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Connie Spellman, Director, Omaha by Design, 705 North 57 th
Street
Larry Ferguson, 1701 Vinton Street
Protestant: Jerry Sandoval, 2725 South 19th Street
For the City: Jed Moulton, Planning Department
CCID # 272 – Motion by Gernandt that the Ordinance be passed
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39932 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
an amendment to the Future Land Use Element of the Omaha
Master Plan to allow for increased residential density within the
areas immediately surrounding the commercial district of historic
Vinton Street for properties located in an area generally bounded
by Castelar Street on the north, 13th and 15th Street on the east,
Deer Park Boulevard on the south and 24th Street on the west –
see attached.
(See Doc. # 272 – February 25 Meeting)
# 272 – From Chair on File
7. Ord. to amend the boundaries of the NCE-C district of the Neighborhood
Conservation and Enhancement District, to incorporate into that district the
property generally bounded by 17 th Street on the east, Elm Street on the south,
19th Street on the west and Bancroft Street on the north; to approve an
amendment to the Urban Design Element of the Master Plan for the City of
Omaha to incorporate the Vinton Street NCE District Plan into the Master Plan
and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY
– CAN BE PASSED TODAY))
(See Doc. # 273 – February 25 and March 4 Meetings)
Notice of public hearing on March 11, 2014 published in the Daily Record
on February 28, 2014. Ordinance passed on March 11, 2014 published in
the Daily Record on March 19, 2014.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Connie Spellman, Director, Omaha by Design, 705 North 57 th
Street
Larry Ferguson, 1701 Vinton Street
Protestant: Jerry Sandoval, 2725 South 19th Street
For the City: Jed Moulton, Planning Department
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CCID # 273 – Motion by Gernandt that the Ordinance be passed
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39933 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
an NCE-C-Neighborhood Conservation and Enhancement District
for an area generally bounded by 17th Street on the east, Elm
Street on the south, 19th Street on the west and Bancroft Street on
the north – see attached.
(See Doc. # 273 – February 25 Meeting)
# 273 – From Chair on File
8. Ord. to rezone property located Northwest of 28th and “R” Streets from R7 -
Medium-Density Multiple-Family Residential District and GI-General Industrial
District to R7-Medium-Density Multiple-Family Residential District. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 262 – February 25 and March 4 Meetings)
Notice of public hearing on March 11, 2014 published in the Daily Record
on February 28, 2014. Ordinance passed on March 11, 2014 published in
the Daily Record on March 19, 2014.
Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared
and spoke.
CCID # 262 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39934 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northwest of 28th and “R”
Streets from R7 and GI to R7 – see attached.
(See Doc. # 262 – February 25 Meeting)
# 262 – From Chair on File
9. Ord. to adopt a PK-Parking Overlay District, in an R7-Medium-Density Multiple-
Family Residential District, located Northwest of 28th and “R” Streets, to approve
the Parking Plan, and to provide for an effective date – see attached. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 263 – February 25 and March 4 Meetings)
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Notice of public hearing on March 11, 2014 published in the Daily Record
on February 28, 2014. Ordinance passed on March 11, 2014 published in
the Daily Record on March 19, 2014.
Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared
and spoke.
CCID # 263 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39935 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a PK-Parking Overlay District in an R7-Medium-Density Multiple-
Family Residential District, located Northwest of 28th and “R”
Streets – see attached.
(See Doc. # 263 – February 25 Meeting)
# 263 – From Chair on File
10. Ord. to rezone the property located at 4534 Madison Street from R3 -Single
Family Residential District (Medium Density) to DR- Development Reserve
District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 264 – February 25 and March 4 Meetings)
Notice of public hearing on March 11, 2014 published in the Daily Record
on February 28, 2014. Ordinance passed on March 11, 2014 published in
the Daily Record on March 19, 2014.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Dave Akiens, 12459 Deer Hollow Drive
Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street
Tony Barnes, Victory Riding Academy, 4534 Madison Street
CCID # 264 – Motion by Gernandt that the Ordinance be passed
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39936 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 4534 Madison Street from
R3-Single Family Residential District (Medium Density) to DR-
Development Reserve District – see attached.
(See Doc. # 264 – February 25 Meeting)
# 264 – From Chair on File
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11. Res. that the replat transmitted herewith entitled R.C. PLATTS 1ST ADDITION
REPLAT 1, located at 4534 Madison Street, is hereby approved, and
concurrently a portion of the existing plat entitled R.C. Platts 1st Addition, and
described on said replat, is hereby vacated – Inside City – over from 2/25/14 for
publication and public hearing – had publication – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 265 – February 25 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Dave Akiens, 12459 Deer Hollow Drive
Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street
Tony Barnes, Victory Riding Academy, 4534 Madison Street
Motion by Gernandt that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 265 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of R.C. PLATTS 1ST ADDITION REPLAT 1, located at
4534 Madison Street – Inside City – over from 2/25/14 – see
attached.
(See Doc. # 265 – February 25 Meeting)
# 265 – From Chair on File
12. Res. that, the Subdivision Agreement between the City of Omaha and Claudio
Investments, LLC, a Nebraska limited liability company, as recommended by the
Mayor, providing for the Watershed Management fees and sewer connection to
the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to
be known as R.C. Platts 1st Addition Replat 1 (Lots 1-2) and is located at 4534
Madison Street – over from 2/25/14 – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 267 – February 25 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Dave Akiens, 12459 Deer Hollow Drive
Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street
Tony Barnes, Victory Riding Academy, 4534 Madison Street
Motion by Gernandt that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 267 – ADOPTED 7-0
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13. Res. that the Special Use Permit application submitted by Tony and Jodee
Barnes, for a Special Use Permit to allow Outdoor Sports and Recreation in a
DR- Development Reserve District located at 4534 Madison 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, 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 – over from 2/25/14 for publication and public hearing –
had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
(See Doc. # 266 – February 25 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Dave Akiens, 12459 Deer Hollow Drive
Dan Dolezal, Ehrhart, Griffin & Associates, 3552 Farnam Street
Tony Barnes, Victory Riding Academy, 4534 Madison Street
Motion by Gernandt that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 266 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
a Special Use Permit to allow Outdoor Sports and Recreation in a
DR- Development Reserve District located at 4534 Madison Street
– over from 2/25/14 – see attached.
(See Doc. # 266 – February 25 Meeting)
# 266 – From Chair on File
14. Ord. to rezone property located Northwest of Hillandale Road and Skyline Drive
from R1-Single Family Residential District (Large Lot) to R1-Single Family
Residential District (Large Lot). ((PUBLIC HEARING TODAY – CAN BE
PASSED TODAY))
(See Doc. # 240 – February 25 and March 4 Meetings)
Notice of public hearing on March 11, 2014 published in the Daily Record
on February 28, 2014. Ordinance passed on March 11, 2014 published in
the Daily Record on March 19, 2014.
Todd Whitfield, Lamp, Rynearson & Associates, 14710 West Dodge Road,
appeared and spoke.
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CCID # 240 – Motion by Gray that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39937 – PASSED 7-0
15. Ord. to rezone property located Northwest of Hillandale Road and Skyline Drive
from R1-Single Family Residential District (Large Lot) to R2-Single Family
Residential District (Low Density). ((PUBLIC HEARING TODAY – CAN BE
PASSED TODAY))
(See Doc. # 241 – February 25 and March 4 Meetings)
Notice of public hearing on March 11, 2014 published in the Daily Record
on February 28, 2014. Ordinance passed on March 11, 2014 published in
the Daily Record on March 19, 2014.
Todd Whitfield, Lamp, Rynearson & Associates, 14710 West Dodge Road,
appeared and spoke.
CCID # 241 – Motion by Gray that the Ordinance be passed
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39938 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone properties located Northwest of Hillandale
Road and Skyline Drive from R1 to R1 and R2 – see attached.
(See Doc. # 241 – February 25 Meeting)
# 241 – From Chair on File
16. Res. that the replat transmitted herewith entitled SKYLINE OAKS III, located
Northwest of Hillandale Road and Skyline Drive, is hereby approved, and
concurrently a portion of the existing plat entitled Skyline Oaks, and described on
said replat, is hereby vacated – Inside City – over from 2/25/14 for publication
and public hearing – had publication – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 242 – February 25 Meeting)
Todd Whitfield, Lamp, Rynearson & Associates, 14710 West Dodge Road,
appeared and spoke.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 242 – ADOPTED 7-0
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(a) Planning Board and Planning Department recommend approval of
the Final Plat of SKYLINE OAKS III, a minor plat inside the city
limits, located Northwest of Hillandale Road and Skyline Drive –
Inside City – over from 2/25/14 – see attached.
(See Doc. # 242 – February 25 Meeting)
# 242 – From Chair on File
17. Res. that, the Subdivision Agreement among the City of Omaha, JECK &
Company, a Nebraska Corporation, and Mr. Curt Brannon, as recommended by
the Mayor, providing for the Watershed Management fees, Interceptor Sewer
fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby
approved. The Subdivision is to be known as Skyline Oaks III (Lots 1 -2) and is
located northwest of Hillandale Road and Skyline Drive – over from 2/25/14 –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 243 – February 25 Meeting)
Todd Whitfield, Lamp, Rynearson & Associates, 14710 West Dodge Road,
appeared and spoke.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 243 – ADOPTED 7-0
18. Ord. to rezone the property located at 2102 South 105th Street from R1 -Single-
Family Residential District (Large Lot) to R2-Single-Family Residential District
(Low Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 268 – February 25 and March 4 Meetings)
Notice of public hearing on March 11, 2014 published in the Daily Record
on February 28, 2014. Ordinance passed on March 11, 2014 published in
the Daily Record on March 19, 2014.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road
Protestants: Matt Mullen, 10552 Mullen Road
Nancy Esterbrook
Robert Cochran
For the City: James Thele, Planning Director
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CCID # 268 – Motion by Pahls that the Ordinance be laid over two weeks to
March 25, 2014 and continue the public hearing
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 2102 South 105th Street
from R1 to R2 – see attached.
(See Doc. # 268 – February 25 Meeting)
# 268 – Over to 03/25/14
19. Res. that the preliminary plat entitled PULLEN PLACE, located at 2102 South
105th Street, along with the attached condition, is hereby accepted; and, the
preparation of the final plat of this subdivision is hereby authorized – Inside City –
over from 2/25/14 for publication and public hearing – had publication – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 269 – February 25 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road
Protestants: Matt Mullen, 10552 Mullen Road
Nancy Esterbrook
Robert Cochran
For the City: James Thele, Planning Director
CCID # 269 – Motion by Pahls that the Resolution be laid over two weeks to
March 25, 2014 and continue the public hearing
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of PULLEN PLACE, but DENIAL of a waiver of
Section 53-9(9) of the Omaha Municipal Code regarding Sidewalks,
located at 2102 South 105th Street – Inside City – over from 2/25/14
– see attached.
(See Doc. # 269 – February 25 Meeting)
# 269 – Over to 03/25/14
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20. Res. that the replat transmitted herewith entitled PULLEN PLACE, located at
2102 South 105th Street, is hereby approved, and concurrently a portion of the
existing plat entitled Mullen’s Addition to Rockbrook, and described on said
replat, is hereby vacated – Inside City – over from 2/25/14 for publication and
public hearing – had publication – see attached. ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY))
(See Doc. # 270 – February 25 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road
Protestants: Matt Mullen, 10552 Mullen Road
Nancy Esterbrook
Robert Cochran
For the City: James Thele, Planning Director
CCID # 270 – Motion by Pahls that the Resolution be laid over two weeks to
March 25, 2014 and continue the public hearing
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of PULLEN PLACE, located at 2102 South 105th
Street – Inside City – over from 2/25/14 – see attached.
(See Doc. # 270 – February 25 Meeting)
# 270 – Over to 03/25/14
21. Res. that, the Subdivision Agreement between the City of Omaha and Bill Pullen
and Jean Pullen, husband and wife, as recommended by the Mayor, providing for
the Watershed Management fees and sewer connection to the Omaha Sanitary
Sewer System, is hereby approved. The Subdivision is to be known as Pullen
Place (Lots 1-3) and is located at 2102 South 105th Street – over from 2/25/14 –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 274 – February 25 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road
Protestants: Matt Mullen, 10552 Mullen Road
Nancy Esterbrook
Robert Cochran
For the City: James Thele, Planning Director
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CCID # 274 – Motion by Pahls that the Resolution be laid over two weeks to
March 25, 2014 and continue the public hearing
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
RESOLUTION RE: PLAT
22. Res. that the plat entitled COUNTRY CLUB ESTATES, located Southwest of 66th
and State Streets, is hereby approved and accepted – Inside City – over from
2/25/14 for publication and public hearing – had publication – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 236 – February 25 Meeting)
Scott Loos, Lamp, Rynearson & Associates, 14710 West Dodge Road, appeared
and spoke.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 236 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of COUNTRY CLUB ESTATES, located Southwest of
66th and State Streets – Inside City – over from 2/25/14 – see
attached.
(See Doc. # 236 – February 25 Meeting)
# 236 – From Chair on File
LIQUOR
23. CLASS “C” – Hatt Boys, Inc., dba “The Brass Monkey”, 5611 South 36 th Street.
New application, New location. Property posted: 02-25-14; Notification sent:
02-28-14 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Brock Hatterman, 4930 South 77th Avenue, appeared and spoke.
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Motion by Gernandt that the Resolution to GRANT be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 316 – ADOPTED 7-0
24. CLASS “C” – 5216, LLC, dba “Club 5216”, 5216 North 24th Street. New
application, New location. Property posted: 02-25-14; Notification sent: 02-28-
14 – 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, Attorney for the applicant, 7134 Pacific Street, appeared and spoke.
Application read
Motion by Gray that the application be amended from a Class “C” Liquor License
to a Class “I” Liquor License
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Motion Carried 6-0-1 Pass
Motion by Gray that the Resolution to GRANT be ADOPTED AS AMENDED
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Melton, Pahls, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Res. # 317 – ADOPTED AS AMENDED 6-0-1 Pass
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25. CLASS “I” – Guckenheimer Services, LLC, dba “Gavilon”, 1331 Capitol Avenue.
New application, New location. Property posted: 02-24-14; Notification sent:
02-28-14. – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RE SOLUTION
EITHER TO GRANT OR DENY))
Kristen Bradley, 10005 South 201st Street, appeared and spoke.
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 318 – ADOPTED 7-0
26. Hy-Vee, Inc., dba “Hy-Vee Food Store 6”, 9707 “Q” Street, requests permission
for a DELETION to their present Class “C” Liquor License location of an area
approx. 62’ x 53’ in the Northwest corner – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Scott Schlatter, Hy-Vee, Inc., 3325 Longview Court, Lincoln, NE, appeared and
spoke.
CCID # 319 – Motion by Gray that the request be approved
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
27. CLASS “I” – Hy-Vee, Inc., dba “Hy-Vee Restaurant 6”, 9707 “Q” Street. New
application, New location. Property posted: 02-27-14; Notification sent: 02-28-
14 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Scott Schlatter, Hy-Vee, Inc., 3325 Longview Court, Lincoln, NE, appeared and
spoke.
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 320 – ADOPTED 7-0
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28. CLASS “I” – Ultra Nail Bar, LLC, dba “Ultra Nail Bar”, 17660 Wright Street, Suite
16. New application, New location. Property posted: 02-26-14; Notification sent:
02-28-14 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RE SOLUTION
EITHER TO GRANT OR DENY))
Michael Lestmeister, 19516 Mayberry Street, appeared and spoke.
Application read
Motion by Thompson that the Resolution to GRANT be ADOPTED AS
AMENDED
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 321 – ADOPTED AS AMENDED 7-0
(a) Communication from Michael Lesmeister, President of Ultra Nail
Bar, LLC, dba “Ultra Nail Bar”, 17660 Wright Street, Suite 16,
requesting to amend their application for a Class “I” Liquor License
to correct the area to be licensed from 80’ x 24’ to 26’ x 16’ – see
attached.
# 321 – Motion by Thompson that the Amendment be approved
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr.
President
Motion Carried 7-0
29. CATERING – Riley Drive Entertainment XI, LLC, dba “Saints Pub + Patio
Midtown Crossing”, 120 South 31st Avenue, Suite 5103. New application, Old
location. Presently hold a Class “I” Liquor License. Property posted: 02 -24-14;
Notification sent: 02-28-14 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Rebecca Stout, 3220 Farnam Street, appeared and spoke.
Motion by Jerram that the Resolution to GRANT be adopted
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 322 – ADOPTED 7-0
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30. Riley Drive Entertainment XI, LLC, dba “Saints Pub + Patio Midtown Crossing”,
120 South 31st Avenue, Suite 5103, requests permission to appoint Rebecca J.
Stout manager of their present Class “I” and pending Catering Liquor License
location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
Rebecca Stout, 3220 Farnam Street, appeared and spoke.
CCID # 323 – Motion by Jerram that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
31. Borgata Brewing and Distilling, LLC, dba “Borgata Brewing and Distilling”, 1116
Jackson Street, requests permission for an addition to their present Class “C”;
Catering; Class “L” and Class “Z” Liquor License location of an outdoor area
approx. 10’ x 40’ to the south. Property posted: 02 -24-14; Notification sent: 02-
28-14 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
Zac Triemert, 1116 Jackson Street, appeared and spoke.
CCID # 324 – Motion by Jerram that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
32. Taste Bistro Omaha, LLC, dba “Taste”, 11036 Elm Street, requests permission to
appoint Jeff D. Sachs manager of their present Class “C” and Catering Liquor
License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Jeff Sachs, 10322 Pacific Street, appeared and spoke.
CCID # 325 – Motion by Thompson that the request be approved
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
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33. Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #4929”, 10770 Fort
Street, requests permission to appoint Dale J. Zurkammer manager of their
present Package Liquor License location – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Dale Zurkammer, 18601 Chandler Street, appeared and spoke.
CCID # 326 – Motion by Thompson that the request be approved
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
34. Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #5863”, 14460 West
Maple Road, requests permission to appoint Dale J. Zurkammer manager of their
present Package Liquor License location – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Dale Zurkammer, 18601 Chandler Street, appeared and spoke.
CCID # 327 – Motion by Thompson that the request be approved
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, 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 hearings on Agenda Item Nos. 35 through 39 were held on March 4, 2014.)
CONSENT AGENDA – ORDINANCES
35. Ord. vacating the south 1 foot of Jackson Street from 15th Street west abutting
Lots 1, 2 and 3, Block 171, Original City of Omaha and providing the effective
date hereof – see attached.
(See Doc. # 231 – February 25 and March 4 Meetings)
Notice of public hearing on March 4, 2014 published in the Daily Record on
February 28, 2014. Ordinance passed on March 11, 2014 published in the
Daily Record on March 19, 2014.
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CCID # 231 – Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39939 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
the vacation of the south 1 foot of Jackson Street from 15th Street
west abutting Lots 1, 2 and 3, Block 171, Original City of Omaha –
Inside City – see attached.
(See Doc. # 231 – February 25 and March 4 Meetings)
# 231 – From chair on File
36. Ord. approving the sole five (5)-year contract extension with Deffenbaugh
Industries Inc. for OPW 50559-A and OPW 50559-C, being the weekly residential
Garbage, Recyclable Material and Yard Waste Collection for the City of Omaha,
involving the payment of money from appropriations of more than one year in
accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to
authorize the Finance Department to pay for the costs of this solid waste
collection service, as outlined in original contract document and subsequent
amendment; to authorize the payments to be paid from a specific account; and to
provide an effective date hereof – see attached.
(See Doc. # 232 – February 25 and March 4 Meetings)
Notice of public hearing on March 4, 2014 published in the Daily Record on
February 28, 2014. Ordinance passed on March 11, 2014 published in the
Daily Record on March 19, 2014.
CCID # 232 – Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39940 – PASSED 7-0
37. Ord. to accept the bid and approve the agreement of Coca -Cola Refreshments to
provide vending machine concessions at the various locations fr om February 1,
2014, through March 31, 2016. The City reserves the right to extend this
contract for a three (3) year term at the sole option of the City, to authorize
payment in accordance therewith; to authorize the Purchasing Agent to issue a
purchase order in the total amount of $40,767.00, plus 35% of gross receipts;
and to provide an effective date – see attached.
(See Doc. # 233 – February 25 and March 4 Meetings)
Notice of public hearing on March 4, 2014 published in the Daily Record on
February 28, 2014. Ordinance passed on March 11, 2014 published in the
Daily Record on March 19, 2014.
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CCID # 233 – Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39941 – PASSED 7-0
38. 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 14, 2013 and ending at the close of the
2013 - 2014 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.
(See Doc. # 234 – February 25 and March 4 Meetings)
Notice of public hearing on March 4, 2014 published in the Daily Record on
February 28, 2014. Ordinance passed on March 11, 2014 published in the
Daily Record on March 19, 2014.
CCID # 234 – Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39942 – PASSED 7-0
39. Ord. to approve a contract between the City of Omaha and Omaha Public
Schools for the City to provide, through its assignment, up to ten Associate
School Resource Officers and marked police cruisers, subject to the availability
of such cruisers and the School District’s needs, to specifically designated
locations, involving appropriations of more than one fiscal year in conformity with
Section 5.17 of the Home Rule Charter, to perform police work within the District
40 hours (or less) per week while school is in session during the regular school
year, from the first day of the semester of August, 2013 and endin g on July 31,
2014. The reimbursement payment from the Omaha Public Schools to the City
will be in the amount of $28.50 per hour for each officer; and to provide an
effective date hereof – see attached.
(See Doc. # 235 – February 25 and March 4 Meetings)
Notice of public hearing on March 4, 2014 published in the Daily Record on
February 28, 2014. Ordinance passed on March 11, 2014 published in the
Daily Record on March 19, 2014.
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CCID # 235 – Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39943 – PASSED 7-0
((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
(The public hearings on Agenda Item Nos. 40 through 46 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 yours elf by your name,
address, who you represent, and if you are a proponent or opponent.)
CONSENT AGENDA – RESOLUTIONS
40. Res. that, as recommended by the Mayor, the contract with Swain Construction,
Inc. for OPW 52548, being concrete curb ramp construction at various locations
within the City of Omaha in the amount of $477,706.35 is hereby approved; and,
that the Finance Department is authorized to pay this cost from the 2010
Transportation Fund 13183, Transportation Bond Organization 117117, year
2014 expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 309 – ADOPTED 7-0
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41. Res. that, as recommended by the Mayor, the attached Inter-Local HOME
Agreement between the City of Omaha and the City of Council Bluffs, 209 Pearl
Street, Council Bluffs, Iowa 51503, authorizing the City of Omaha to provide to
the City of Council Bluffs a total of $302,220.00 in HOME funds comprised of
$167,220.00 in FY 2009 HOME funds and $135,000.00 in FY 2010 HOME funds
for down payment assistance toward the purchase of newly constructed single -
family homes consisting of seven (7) HOME-assisted units with FY 2009 funds
and five (5) HOME-assisted units with FY 2010 funds. These twelve (12) single-
family homes will be available to qualified low- and moderate-income
households, whose annual household incomes are 80% and below the Median
Family Income (MFI), and will be located on sites to be determined at a later date
within the City of Council Bluffs, is hereby approved. Funds in the amount of
$167,220.00 shall be payable from the FY 2009 and $135,000.00 shall be
payable from the FY 2010 HOME Housing Development Program, Fund No.
2470, Organization No. 128071 – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 312 – ADOPTED 7-0
42. Res. that, as recommended by the Mayor, the attached Agreement between the
City of Omaha and GESU Housing, Inc. (GESU), a Nebraska Non -profit
Corporation, Brother Mike Wilmot, S.J., President, 5008 1/2 -B Dodge Street,
Omaha, Nebraska 68132, to provide $430,000.00 (comprised of $275,000.00 in
HOME Program funds, and $155,000.00 in funds from the Nebraska Affordable
Housing Trust Fund (NAHTF) to GESU for new construction of five (5) single -
family houses to be located in the Clifton Hills South Neighborhood New Single-
Family Housing Infill Program Target Area, and the subsequent purchase of one
of the HOME, NAHTF and private funded houses by a qualified low - and
moderate-income family whose gross annual househ old income is 80% or below
the MFI, is hereby approved. HOME funds in the amount of $275,000.00 shall
be paid from the FY 2013 Single-Family New Infill Housing Fund No. 12179,
Award No. 100060, Project No. 4132, Organization No. 128071 and $155,000.00
from the NAHTF Award No. 12-TFHP-7059 Fund No. 12141, Organization
128101 – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 313 – ADOPTED 7-0
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43. Res. that, as recommended by the Mayor, the attached invoice with Library Ideas
LLC to provide Freegal Music Subscription - Renewal in the amount of $41,900
for one year through December 3 1, 2014, is hereby approved; and, the Finance
Department is authorized to pay the $41,900 cost thereof from the Library’s
General Fund 11111, Organization 117016, Object Code 43416, year 2014
expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 307 – ADOPTED 7-0
44. Res. that, as recommended by the Mayor, the agreement between the City of
Omaha and Heartland Workforce Solutions in the amount of twenty five thousand
dollars ($25,000) to provide services to the residents and the citizens of the City
of Omaha, including training to improve general workforce development by
focusing on work ethics and computer literacy from January 1, 2014 to December
31, 2014, and incorporated herein by this reference, and funding of such project
in the total amount of $25,000, is hereby approved. Further that, the Finance
Director is authorized to provide payment of $25,000 from 2014 Community
Services, General Fund 11111, Organization 131997, Account 46111; and in
accordance with the contract terms – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 308 – ADOPTED 7-0
45. Res. that, as recommended by the Mayor, the purchase from Meridian Medical
Technologies, a sole source vendor provided in Chapter 5.16 of the Home Rule
Charter in the amount of twenty four thousand three hundred twenty fours dollars
and forty eight cents ($24,324.48) for the purchase of thirty six (36) Cyanokits to
be used by the OMMRS and its partner agencies, is hereby approved. Fur ther
that, the Finance Department of the City of Omaha is authorized to pay Nebraska
Methodist Hospital in the amount of $24,324.48 for the purchase of thirty six (36)
Cyanokits, budgeted from and funded by the Nebraska Department of Health and
Human Services, Division of Public Health, Office of Community & Rural Health,
Hospital Preparedness Program, #5U90TP000533-02, Fund 12168, Organization
130757 – see attached.
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Motion by Gray that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 314 – ADOPTED 7-0
46. Res. that the attached proposed Interlocal Agreement among the City of Omaha,
the County of Sarpy, the County of Douglas and the County of Washington, for
the revision and update of an earlier Interlocal Agreement among the same
parties that established a Local Workforce Investment Act of 1998, in accordance
with the terms and conditions contained in said Agreement, be and h ereby is
approved and the Mayor is authorized to execute the same on behalf of the City
of Omaha – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 329 – ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
AF TER-HOURS DANCE PERMIT
47. Res. that the application of Omaha Mining Company for the issuance of an after -
hours dance permit at 1715 Leavenworth Street be and hereby is approved –
over from 2/25/14 for publication and public hearing – had publication – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 261 – February 25 Meeting)
Joseph Allen, Manager, Omaha Mining Company, 1715 Leavenworth Street,
appeared and spoke.
Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 261 – ADOPTED 7-0
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“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS
ON AGENDA ITEM NOS. 48 THROUGH 50
SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON SECOND READING
48. Ord. to rezone the property located at 4409 Dodge Street from GI -General
Industrial District to CC-Community Commercial District.
(See Doc. # 297 – March 4 Meeting)
CCID # 297 – ORDINANCE ON SECOND READING – Final reading to be held
on March 18, 2014 as per City Charter requirements.
49. Ord. to approve a Major Amendment to a Mixed Use District Development
Agreement for Thomsen Mile West, to allow Auto sales and Auto repair services,
located northeast of 177th Street and West Maple Road between the City of
Omaha and Two Wheels, LLC., providing site development standards; and to
provide for an effective date – see attached.
(See Doc. # 298 – March 4 Meeting)
CCID # 298 – ORDINANCE ON SECOND READING – Final reading to be held
on March 18, 2014 as per City Charter requirements.
50. Ord. to amend Sections 55-651 through 55-663 of the Omaha Municipal Code; to
adopt new and more detailed digital flood hazard maps for the Elkhorn River; in
addition to updating the flood fringe and floodway overlay district regulations; to
repeal Sections 55-651 through 55-663 as heretofore existing; and to provide the
effective date thereof – see attached.
(See Doc. # 299 – March 4 Meeting)
CCID # 299 – ORDINANCE ON SECOND READING – Final reading to be held
on March 18, 2014 as per City Charter requirements.
* * * * * * * * * * * * *
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ORDINANCES ON SECOND READING
51. Ord. authorizing the issuance of a purchase order to Deffenbaugh Industries, Inc.
in the amount of $70,772.00 annually for collection of solid waste from Omaha
Housing Authority (OHA) containers at various locations throughout the City; the
contract term is for five years commencing approximately March 1, 2014, with the
City’s option to extend up to two additional two -year terms; to provide for
payments from appropriations of more than one year in accordance with Section
5.17 of the Home Rule Charter of 1956, as amended; to provide for payments
from the General Fund 11111, Solid Waste Collection and Disposal Organization
116321; and to provide an effective date hereof – see attached. ((PUBLIC
HEARING TODAY))
(See Doc. # 300 – March 4 Meeting)
CCID # 300 – Public hearing was held today – Final reading set for March 18,
2014 as per City Charter requirements.
52. Ord. approving a redevelopment and tax increment financing loan a greement
between the City of Omaha and Ulferts Row House Property Management, LLC,
a Nebraska limited liability company, David Ulferts, sole member and ENLR,
LLC, a Nebraska limited liability company, Jeff Royal, sole member – Ulferts Row
House Property Management, LLC and ENLR, LLC as tenants -in-common – to
implement the Traver’s Row Tax Increment Financing (TIF) Redevelopment
Project Plan generally located at 26th and St. Mary’s Avenue proposing the
complete rehabilitation of 10 historic duplex apartment buildings, the
rehabilitation of a structure which contains a commercial space – the former
Super Bee Mart – and the apartments above, and the provision of parking at the
surface lot directly east of the project site; the agreement authorizes the use of
up to $390,997.00 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. # 301 – March 4 Meeting)
Bridget Hadley, Planning Department, appeared and spoke.
CCID # 301 – Public hearing was held today – Final reading set for March 18,
2014 as per City Charter requirements.
- 26 -
53. Ord. to approve a Maintenance Addendum to Master Software License
Agreement between City of Omaha and ZOLL Data Systems, Inc., a Delaware
corporation in the initial amount of $20,900 per year for a period up to five years;
such Maintenance Agreement is to be fo r the benefit of the City of Omaha Fire
Department in support of the RescueNet ePCR Suite purchased by Resolution
No. 1677 on December 17, 2013; such Maintenance Agreement involves the
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 authorize the
Finance Department to make payment for specified accounts; and to provide an
effective date hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 304 – March 4 Meeting)
CCID # 304 – Public hearing was held today – Final reading set for March 18,
2014 as per City Charter requirements.
54. Ord. to approve an agreement between the City of Omaha and the State of
Nebraska District #4 Probation Office in the amount of twenty eight thousand five
hundred dollars ($28,500) during the period of October 1, 2013 to September 30,
2016; to provide funding toward a full-time Field Service Officer, dedicated to
supervising domestic violence offenders; 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. ((PUBLIC HEARING TODAY))
(See Doc. # 302 – March 4 Meeting)
CCID # 302 – Public hearing was held today – Final reading set for March 18,
2014 as per City Charter requirements.
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARING
ON AGENDA ITEM NO. 55
SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCE ON FIRST READING and Planning Board Attachment
55. Ord. to approve a Major Amendment to a Major Development Overlay District
Development Agreement, to allow for the installation of a 124 foo t broadcast
tower, for property located at 5933 South 118th Circle between the City of
Omaha and SBA Communications Corporation, providing site development
standards; and to provide for an effective date – see attached.
CCID # 310 – Publication to be made and public hearing and third reading to be
held on March 25, 2014 as per City Charter requirements.
- 27 -
(a) Planning Board and Planning Department recommend approval of
a Major Amendment to a Major Development Overlay District
Development Agreement, to allow for the installation of a 124 foot
broadcast tower, for property located at 5933 South 118th Circle –
see attached.
# 310 – Over to 03/25/14
* * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARING
ON AGENDA ITEM NO. 56
SHALL BE HELD ON THE SECOND READING”
ORDINANCE ON FIRST READING
56. Ord. to approve a three-year agreement with two one-year options between the
City of Omaha and WageWorks, Inc. to provide flexible benefit plan
administrative services at an anticipated annual cost of thirty thousand one
hundred thirty-two dollars ($30,132); to authorize the Finance Director to make
payment in conformance therewith and to provide an effective date – see
attached.
CCID # 311 – Publication to be made and public hearing to be held on March 18 ,
2014 as per City Charter requirements.
* * * * * * * * * * * * *
CHAIRMAN OF THE BOARD OF EQUALIZATION
57. Chairman of the Board of Equalization reports approval of the Plans of
Assessment, with adjustments and corrections made, at their regular meeting
held March 4, 2014 – see attached. ((MOTION NEEDED TO APPROVE))
CCID # 330 – Motion by Gray that the report be approved
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
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EXECUTIVE SESSION
58. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MARCH 11, 2014
LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED MARCH 10, 2014 AT 11:00 A.M.
ADDITIONAL RESOLUTION
59. Res. that the nomination and appointment by Mayor Jean Stothert of Eric L.
Butler as a member of the Airport Authority Board to serve a five -year term
commencing upon confirmation by the City Council and expiring March 12, 2019,
be and hereby is confirmed and approved – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
Motion by Gray that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 331 – ADOPTED 7-0
Motion by Gernandt that the meeting be adjourned
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
ADJOURNED: 3:02 P.M.
- 29 -
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 March 11th, 2014.
WITNESS:
_______________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN
STOTHERT ON THE 13th DAY OF MARCH, 2014.