2014-06-10j20th REGULAR OMAHA CITY COUNCIL MEETING
JUNE 10, 2014
THE CITY COUNCIL met in Regular Session on Tuesday, June 10, 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 # 697 – Present: Thompson, Gernandt, Gray, Jerram, Melton, Pahls,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Garry Gernandt of District No. 4.
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 June 6, 2014, notice re: Pre-Council and Regular City Council
Meetings, June 10, 2014.
CCID # 698 – 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 ADDRESSI NG 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 rezone property located at 888 South Saddle Creek Road from GC -
General Commercial District and GI-General Industrial District to CC-Community
Commercial District. ((PUBLIC HEARING TODAY- CAN BE PASSED TODAY))
(See Doc. # 639 – May 20 and June 3 Meetings)
Notice of public hearing on June 10, 2014 published in the Daily Record on
May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily
Record on June 18, 2014.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road
Keith Harnack, Kroger Supermarkets
Protestant: Julie Thoendel, 831 South 49th Street
For the City: Brook Bench, Parks, Recreation and Public Property Director
CCID # 639 – Motion by Gray that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 40009 – PASSED 7-0
6. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay
District, to incorporate into that district the property located at 888 South Saddle
Creek Road; and to provide for an effective date – see attached. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 640 – May 20 and June 3 Meetings)
Notice of public hearing on June 10, 2014 published in the Daily Record on
May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily
Record on June 18, 2014.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road
Keith Harnack, Kroger Supermarkets
Protestant: Julie Thoendel, 831 South 49th Street
For the City: Brook Bench, Parks, Recreation and Public Property Director
CCID # 640 – Motion by Gray that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 40010 – PASSED 7-0
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(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 888 South Saddle Creek
Road from GC and GI to CC with approval of an MCC Overlay
District – see attached.
(See Doc. # 640 – May 20 Meeting)
# 640 – From Chair on File
7. Res. that the preliminary plat entitled DILLON’S SADDLE CREEK, located at 888
South Saddle Creek Road, along with the attached conditions, is hereby
accepted; and, the preparation of the final plat of this subdivision is hereby
authorized – Inside City – over from 5/20/14 for publication and public hearing –
had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
(See Doc. # 646 – May 20 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road
Keith Harnack, Kroger Supermarkets
Protestant: Julie Thoendel, 831 South 49th Street
For the City: Brook Bench, Parks, Recreation and Public Property Director
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 646 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of DILLON’S SADDLE CREEK, located at 888
South Saddle Creek Road – Inside City – over from 5/20/14 – see
attached.
(See Doc. # 646 – May 20 Meeting)
# 646 – From Chair on File
8. Res. that the replat transmitted herewith entitled DILLON’S SADDLE CREEK,
located at 888 South Saddle Creek Road, is hereby approved, and concurrently
a portion of the existing plat entitled West Side, and described on said replat, is
hereby vacated – Inside City – over from 5/20/14 for publication and public
hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN
BE ADOPTED TODAY))
(See Doc. # 641 – May 20 Meeting)
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THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road
Keith Harnack, Kroger Supermarkets
Protestant: Julie Thoendel, 831 South 49th Street
For the City: Brook Bench, Parks, Recreation and Public Property Director
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 641 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of DILLON’S SADDLE CREEK, located at 888 South
Saddle Creek Road – Inside City – over from 5/20/14 – see
attached.
(See Doc. # 641 – May 20 Meeting)
# 641 – From Chair on File
9. Res. that, the Subdivision Agreement between the City of Omaha and Dillon
Companies, Inc., a Kansas corporation, 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 Dillon’s Saddle Creek (Lot 1) and is located at 888 South Saddle Creek
Road – over from 5/20/14 – see attached. ((PUBLIC HEARING TODAY – CAN
BE ADOPTED TODAY))
(See Doc. # 642 – May 20 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mark Johnson, Attorney for the applicant, 11440 West Center Road
Keith Harnack, Kroger Supermarkets
Protestant: Julie Thoendel, 831 South 49th Street
For the City: Brook Bench, Parks, Recreation and Public Property Director
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 642 – ADOPTED 7-0
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10. Ord. to rezone property located Northwest of 168th Street and West Dodge Road
from MH-Mobile Home Residential District to DR-Development Reserve District
(portions of which property lie within the flood fringe and an ACI -4(PL) Area of
Civic Importance Overlay District). ((PUBLIC HEARING TODAY – CAN BE
PASSED TODAY))
(See Doc. # 643 – May 20 and June 3 Meetings)
Notice of public hearing on June 10, 2014 published in the Daily Record on
May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily
Record on June 18, 2014.
Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and
spoke.
CCID # 643 – Motion by Melton that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 40011 – PASSED 7-0
11. Ord. to rezone property located Northwest of 168th Street and West Dodge Road
from MH-Mobile Home Residential District to MU-Mixed Use District (portions of
which property lie within the flood fringe and an ACI-4(PL) Area of Civic
Importance Overlay District). ((PUBLIC HEARING TODAY – CAN BE PASSED
TODAY))
(See Doc. # 644 – May 20 and June 3 Meetings)
Notice of public hearing on June 10, 2014 published in the Daily Record on
May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily
Record on June 18, 2014.
Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and
spoke.
CCID # 644 – Motion by Melton that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 40012 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northwest of 168th Street and
West Dodge Road from MH to DR and MU (portions of which
property lie within the flood fringe and an ACI-4(PL) Overlay
District) – see attached.
(See Doc. # 644 – May 20 Meeting)
# 644 – From Chair on File
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12. Res. that the plat entitled WEST DODGE POINTE (formerly known as
TRIBEDO), located Northwest of 168th Street and West Dodge Road, is hereby
approved and accepted – Outside City – over from 5/20/14 – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 645 – May 20 Meeting)
Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and
spoke.
Motion by Melton that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 645 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of WEST DODGE POINTE (formerly known as
Tribedo (Lot 8, Outlot “B”), located Northwest of 168th Street and
West Dodge Road – Outside City – over from 5/20/14 – see
attached.
(See Doc. # 645 – May 20 Meeting)
# 645 – From Chair on File
13. Res. that, the Subdivision Agreement among the City of Omaha, Tribedo, LLC, a
Nebraska Limited Liability Company, The West Dodge Pointe Owners
Association, and Sanitary and Improvement District (S.&I.D.) 538 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 West
Dodge Pointe (Lot 8 and Outlot B) and is located northwest of 168 th Street and
West Dodge Road – over from 5/20/14 – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 649 – May 20 Meeting)
Jason Thiellen, E & A Consulting Group, 330 North 117th Street, appeared and
spoke.
Motion by Melton that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 649 – ADOPTED 7-0
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14. Ord. to rezone property located Northwest of 192nd and Harrison Streets from
AG-Agricultural District to DR-Development Reserve District. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 634 – May 20 and June 3 Meetings)
Notice of public hearing on June 10, 2014 published in the Daily Record on
May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily
Record on June 18, 2014.
John Bachman, Attorney for the applicant, 10250 Regency Circle, appeared and
spoke.
CCID # 634 – Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 40013 – PASSED 7-0
15. Ord. to rezone property located Northwest of 192nd and Harrison Streets from
AG-Agricultural District to R4-Single Family Residential District (High Density).
((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 635 – May 20 and June 3 Meetings)
Notice of public hearing on June 10, 2014 published in the Daily Record on
May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily
Record on June 18, 2014.
John Bachman, Attorney for the applicant, 10250 Regency Circle, appeared and
spoke.
CCID # 635 – Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 40014 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northwest of 192nd and
Harrison Streets from AG-Agricultural District to DR-Development
Reserve District and R4-Single Family Residential District (High-
Density) – see attached.
(See Doc. # 635 – May 20 Meeting)
# 635 – From Chair on File
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16. Res. that the plat entitled FALLING WATERS (Lot 173-258, O.L. F-G), located
Northwest of 192nd and Harrison Streets, is hereby approved and accepted –
Outside City – over from 5/20/14 – see attached. ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY))
(See Doc. # 636 – May 20 Meeting)
John Bachman, Attorney for the applicant, 10250 Regency Circle, 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. # 636 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of FALLING WATERS (Lot 173 -258, O.L. F-G), a
subdivision outside the city limits, located Northwest of 192 nd and
Harrison Streets – Outside City – over from 5/20/14 – see attached.
(See Doc. # 636 – May 20 Meeting)
# 636 – From Chair on File
17. Res. that, the Subdivision Agreement among the City of Omaha, BSR-FW, LLC,
a Nebraska limited liability company, The Waters Edge United Methodist Church,
The Falling Waters II Homeowners Association, and Sanitary and Improvement
District (S.&I.D.) 562 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 Falling Waters (Lots 173-260 and Outlot F) and is located northwest
of 192nd and Harrison Streets – over from 5/20/14 – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 650 – May 20 Meeting)
John Bachman, Attorney for the applicant, 10250 Regency Circle, appeared and
spoke.
Resolution read
Motion by Jerram that the Resolution be ADOPTED AS AMENDED
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 650 – ADOPTED AS AMENDED 7-0
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(a) Amendment requested by the Public Works Department – see
attached.
# 650 – Motion by Jerram that the Amendment be approved
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr.
President
Motion Carried 7-0
LIQUOR
18. Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422
Cass Street, requests permission for a CHANGE OF LOCATION AND TO
CHANGE THE TRADE NAME/DBA to “Cleopatra’s”, of their present Class “I”
Liquor License to be located at 6553 Ames Avenue. Property posted: 05 -01-14;
Notification sent: 05-02-14 – over from 5/13/14 and continue the public hearing –
see attached. ((PUBLIC HEARING CONTINUED TO TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
(See Doc. # 613 – May 13 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Christopher Peterson, Attorney for the applicant, 1625 Far nam
Street
Archie Godfrey, President, Nebraska Black Chamber of Commerce
Protestant: Liz Moldenhauer, President, Benson Neighborhood Association,
2345 North 64th Street
For the City: Captain Shayna Ray, Northwest Precinct, Police Department
CCID # 613 – Motion by Gray that the request NOT be approved without
prejudice for re-applying in six months
Seconded by Festersen
ROLL CALL:
Yeas: Gernandt, Gray, Jerram, Pahls, Mr. President
Nays: Thompson, Melton
Motion Carried 5-2
(a) Communications opposing the application of Lalebela Ethiopian
Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass
Street for a Change of Location and to Change the Trade
Name/DBA – over from 5/13/14 – see attached.
(See Doc. # 613 – May 13 Meeting)
# 613 – From Chair on File
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(b) Communication from Thomas O. Mumgaard, Deputy City Attorney
re: License History of the 6553 Ames avenue location – over from
5/13/14 – see attached.
(See Doc. # 613 – May 13 Meeting)
# 613 – From Chair on File
(c) Communications opposing the application of Lalebela Ethiopian
Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass
Street, for a Change of Location to 6553 Ames Avenue and to
change the Trade Name DBA to “Cleopatra’s” – see attached.
# 613 – From Chair on File
(d) Communication from Mulualem Gebreyesus, president of Lalebela
Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”,
4422 Cass Street for a Change of Location to 6553 Ames Avenue
and to change the Trade Name DBA to “Cleopatra’s” re: Amended
Statement of Business Activity form – see attached.
# 613 – From Chair on File
(e) Communication from Mulualem Gebreyesus, president of Lalebela
Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”,
4422 Cass Street for a Change of Location to 6553 Ames Avenue
and to change the Trade Name DBA to “Cleopatra’s” re:
Operational plan – see attached.
# 613 – From Chair on File
(f) Petitions supporting the application of Lalebela Ethiopian
Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass
Street for a Change of Location to 6553 Ames Avenue and to
change the Trade Name DBA to “Cleopatra’s”
# 613 – From Chair on File
19. CLASS “I” – Legacy Blatt, LLC, dba “Blatt Beer & Tables”, 2835 South 170th
Plaza, Suite 200. New application, New location. Property posted: 05 -21-14;
Notification sent: 05-30-14 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Michael Lehan, Attorney for the applicant, 7132 Pacific Street
Andrew Connell, 16861 Brown Street
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Motion by Gray that the Resolution to GRANT be adopted
Seconded by Festersen
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. # 699 – ADOPTED 6-0-1 Pass
20. CATERING – Legacy Blatt, LLC, dba “Blatt Beer & Tables”, 2835 South 170 th
Plaza, Suite 200. New application, New location. Property posted: 05 -21-14;
Notification sent: 05-30-14 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO APPROVE OR NOT
TO APPROVE))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Michael Lehan, Attorney for the applicant, 7132 Pacific Street
Andrew Connell, 16861 Brown Street
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Festersen
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. # 700 – ADOPTED 6-0-1 Pass
21. PACKAGE – OM Rhim Shrim, Inc., dba “Ken D Shop”, 5920 Sorensen Pkwy.
New application, Old location. UPGRADE. Previously licensed to S & R
Incorporated, dba “S and S Service”, 5920 Sorensen Pkwy who held an Off Sale
Beer License (Expired April 30, 2014). Property posted: 05 -21-14; Notification
sent: 05-30-14 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Dhaval Naik, 3679 South 188th Street, appeared and spoke.
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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. # 701 – ADOPTED 7-0
22. PACKAGE – Wal-Mart Stores, Inc., dba “Walmart #4139”, 360 North Saddle
Creek Road. New application, New location. Property posted: 05 -19-14;
Notification sent: 05-30-14 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Michael Lehan, Attorney for the applicant, 7132 Pacific Street, appeared and
spoke.
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Gernandt
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. # 702 – ADOPTED 6-0-1 Pass
23. CATERING – BOG Omaha, L.P., dba “Black Oak Grill #114”, 220 South 31st
Avenue, Suite 3107. New application, Old location. Presently holds a Class “I”
Liquor License. Property posted: 05 -20-14; Notification sent: 05-30-14 – see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
Mike Cizek, 15108 Bedford Avenue, 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. # 703 – ADOPTED 7-0
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24. Apollon, dba “The Apollon”, 1801 Vinton Street, requests permission to appoint
Phoebe A. Howell manager of their present Class “I” Liquor License location –
see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE
OR NOT TO APPROVE))
CCID # 704 – Motion by Gernandt to allow the applicant to withdraw
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
(a) Communication from Ryan Tewell, President of Apollon, dba “The
Apollon”, 1801 Vinton Street, requesting to withdraw the application
to appoint Phoebe Howell manager of their present Class “I” Liquor
License location – see attached.
# 704 – From Chair on File
25. Cheddar’s Casual Café, Inc., dba “Cheddar’s Casual Café”, 12152 “L” Street,
requests permission to appoint Laura A. Daisley manager of their present Class
“I” Liquor License location – see attached. ((PUBLIC HEARING TODAY –
MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Laura Daisley, General Manager, Cheddar’s Casual Café, 1207 North 95th
Avenue, appeared and spoke.
CCID # 705 – Motion by Melton that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
26. Valentino’s, Inc., dba “Valentino’s”, 5022-24 South 108th Street, requests
permission to appoint Anthony O. Messineo, Jr. manager of their present Class
“I” Liquor License location – see attached. ((PUBLIC HEARING TODAY –
MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
CCID # 706 – Motion by Gray that the application be laid over two weeks to June
24, 2014 and continue the public hearing
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
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27. W2007 Equity Inns Realty, LLC, dba “Residence Inn”, 6990 Dodge Street,
requests permission to appoint Blair M. Riffell manager of their present Class “I”
Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
CCID # 707 – Motion by Jerram to allow the applicant to withdraw
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
(a) Communication from Tim Dehuare, District Manager of W2007
Equity Inns Realty, LLC, dba “Residence Inn”, 6990 Dodge Street,
requesting the withdrawal of the application to appoint Blair Riffel
manager of their present Class “I” Liquor License location – see
attached.
# 707 – From Chair on File
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. 28 through 30 were held on June 3, 2014.)
CONSENT AGENDA – ORDINANCES
28. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and Reimer Properties, LLC, a Nebraska limited
liability company, to implement the 31-33 Marcy Mason Tax Increment Financing
(TIF) Redevelopment Project Plan with the following general bounda ries: 30th
Street on the east, 33rd Street on the west, Mason Street on the south, and the
alley south of Marcy Street on the north, and proposes to completely rehabilitate
four (4) residential multi-family structures with the following property addresses:
3070 Mason Street, 3216 Marcy Street, 811 South 33rd Street, and 3101 Marcy
Street; the agreement authorizes the use of up to $225,000.00 in excess ad
valorem taxes (TIF) generated by the development to help fund the cost of the
project; and providing for an effective date – see attached.
(See Doc. # 637 – May 20 and June 3 Meetings)
Notice of public hearing on June 3, 2014 published in the Daily Record on
May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily
Record on June 18, 2014.
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CCID # 637 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 40015 – PASSED 7-0
(a) Communication in support of the Ordinance to approve a
redevelopment and tax increment financing loan agreement
between the City of Omaha and Reimer Properties, LLC, a
Nebraska limited liability company, to implement the 31-33 Marcy
Mason Tax Increment Financing (TIF) Redevelopment Project Plan
– over from 6/3/14 – see attached.
(See Doc. # 637 – June 3 Meeting)
# 637 – From Chair on File
29. Ord. (1) to approve agreements between the City of Omaha and t he Douglas
County Board of Commissioners for the (a) Douglas County Attorney’s Office in
the amount of one hundred twenty eight thousand two hundred and seventeen
dollars ($128,217); and (b) Douglas County Sheriff’s Office in the amount of
seventy one thousand six hundred and seventy eight dollars ($71,678); and (2) to
authorize funding for such agreements from the City of Omaha’s FY2013 Grants
to Encourage Arrest Policies and Enforcement of Protection Orders, #2011 -WE-
AX-0018 Supplement #01, awarded by the U.S. Department of Justice, Office on
Violence Against Women; to combat domestic violence in the Omaha
Metropolitan Area; to authorize payment from such grant funding and involving
appropriations of more than one year in conformity with Section 5.17 of th e Home
Rule Charter; and, providing for the effective date hereof – see attached.
(See Doc. # 638 – May 20 and June 3 Meetings)
Notice of public hearing on June 3, 2014 published in the Daily Record on
May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily
Record on June 18, 2014.
CCID # 638 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 40016 – PASSED 7-0
30. Ord. transferring funds from unencumbered balances in the 2013 General Fund
Budget of the City of Omaha in accordance with Section 5.10 of the Home Rule
Charter of the City of Omaha, 1956, as amended, and to fix the effective date
hereof to be immediately upon passage in accordance with Section 2.12 of the
Home Rule Charter of the City of Omaha, 1956, as amended (2013 year end
closing) – see attached.
(See Doc. # 663 – May 20 and June 3 Meetings)
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Notice of public hearing on June 3, 2014 published in the Daily Record on
May 23, 2014. Ordinance passed on June 10, 2014 published in the Daily
Record on June 18, 2014.
CCID # 663 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 40017 – PASSED 7-0
((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
(The public hearings on Agenda Item Nos. 31 through 33 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
31. Res. that, as recommended by the Mayor, the City Council concurs with the bid
award to Swain Construction, Inc. for HSIP-5011(12), State Control No. 22378,
and OPW 51430, being 108th Street, L Street to M Street Safety Improvements
Project, in the amount of $414,816.87, with the City’s maximum local share in the
amount of $41,481.69 being paid from the 2010 Transportation Bond Fund
13183, Organization 117117, in accord with the approved program agreement
with NDOR for the project; and that the City Council hereby authorizes the Mayor
and City Clerk to sign the bid concurrence on behalf of the City of Omaha, and
that the Mayor and City Clerk are also authorized to sign the attached NDOR
documents – see attached.
Motion by Gernandt that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 709 – ADOPTED 7-0
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32. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Nebraska Environmental Products for the purchase of
a compressed natural gas street sweeper to be utilized by the Street
Maintenance Division in the amount of $262,660.00; and that the Finance
Department is authorized to pay this cost from the Street and Highway Allocation
Fund 12131, Street Right-of-way Clearing Organization 116152, year 2014
expenditures in the amount of $215,112.00. Nebraska Environmental Trust
Grant Funds will pay for the remaining $47,548.00 – see attached.
Motion by Gernandt that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 710 – ADOPTED 7-0
33. Res. that, as recommended by the Mayor, the terms of the Deed of Trust,
Construction Security Agreement and Assignment of Rents and Promissory
Note, executed by Milton Apartments Limited Partnership on August 29, 1995,
and recorded on August 30, 1995, with the Douglas County Register of Deeds, in
Book 4578 at Page 596, securing the partial financing of the rehabilitation of the
Property located at 1954 Jones Street be amended – see attached.
Motion by Gernandt that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 717 – ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARING
ON AGENDA ITEM NO. 34
SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCE ON SECOND READING
34. Ord. to rezone the properties located at 2611 North 138th Street, 2548 and 2606
North 137th Street from R3-Single-Family Residential District (Medium-Density)
to R4-Single-Family Residential District (High-Density).
(See Doc. # 690 – June 3 Meeting)
CCID # 690 – ORDINANCE ON SECOND READING – Final reading to be held
on June 17, 2014 as per City Charter requirements.
* * * * * * * * * * * * *
ORDINANCES ON SECOND READING
35. Ord. to amend Section 1 of Ordinance No. 39693, passed on June 11, 2013
because the descriptions of the abutting lots in Section 1 are incorrect due to the
fact that the Planning Department inadvertently filed replats of the block before
the vacating Ordinance was passed and recorded; to repeal Section 1 of
Ordinance No. 39693 as heretofore existing; and to provide the effective date
hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 691 – June 3 Meeting)
CCID # 691 – Public hearing was held today – Final reading set for June 17,
2014 as per City Charter requirements.
36. Ord. approving an Agreement for the sale of City -owned real property; to provide
that notwithstanding any provisions of the Omaha Municipal Code to the
contrary, the City is authorized to enter into the attached Agreement with 24 th
Street Enterprises, LLC, a Nebraska Limited Liability Corporation, 1536 Cuming
Street, Omaha, NE 68102, to sell property described in the attached agreement
located at 219 South 24th Street, for development of a 132 room hotel in
consideration of the appraised value in the sum of Two Hundred Thousand
Thirty-five and 00/100 Dollars ($235,000.00); there are no expenditures
associated with the conveyance of the property; and to provide the effective date
hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 694 – June 3 Meeting)
CCID # 694 – Public hearing was held today – Final reading set for June 17,
2014 as per City Charter requirements.
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37. Ord. to approve the acceptance of the Out-of-School Time Programs grant from
the National Recreation and Park Association (NRPA) in the total amount of
forty-one thousand two hundred dollars ($41,200.00) for the period April 1, 2 014
through January 31, 2015, to support the City of Omaha’s Out -of-School
Programs, in-kind training materials for the implementation of a nutrition
education program, OrganWise Guys, (OWG), and a travel stipend to attend a
one-day training conference; and to provide an effective date – see attached.
((PUBLIC HEARING TODAY))
(See Doc. # 692 – June 3 Meeting)
CCID # 692 – Public hearing was held today – Final reading set for June 17,
2014 as per City Charter requirements.
38. Ord. approving a bid from American Courier Corporation to provide delivery
services between twelve public libraries (W. Dale Clark Library, Milton R.
Abrahams Branch, Benson Branch, Bess Johnson Elkhorn Branch, Florence
Branch, Millard Branch, Saddlebrook Branch, A. V. Sorensen Branch, South
Omaha Library, W. Clarke Swanson Branch, Charles B. Washington Branch, and
Willa Cather Branch) as well as other designated pickup and delivery sites
throughout the City of Omaha Metropolitan Area, in accordance with the lowest
bid submitted meeting specifications, for a period of one year, commencing upon
approval; to authorize annual payments of approximately $101,713.30; and to
provide an effective date – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 693 – June 3 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Ken Bartholomew, President, American Courier Corporation, 6164
South 166th Street
For the City: Regina Dale, Library
CCID # 693 – Public hearing was held today – Final reading set for June 17,
2014 as per City Charter requirements.
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“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 39
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING”
SALVAGE DEALER BUSINESS
39. Res. the application of Cooter Enterprises, Inc. to establish a salvage dealer
business at 902 Grace Street, Omaha, Nebraska, be and hereby is approved and
the Permits and Inspections Division is directed to issue the ne cessary permit
therefore, contingent upon continued compliance with all requirements made and
provided by law – see attached.
Notice of public hearing on June 24, 2014 published in the Daily Record on
June 13, 2014.
CCID # 711 – Over two weeks to June 24, 2014 for publication and public
hearing pursuant to City Council Rule VII E.
* * * * * * * * * * * * *
AUDITOR’S REPORT
40. Land Reutilization Commission transmits their General Purpose Financial
Statements for year ended December 31, 2013 and Independent Auditor’s
Report – see attached. ((MOTION NEEDED TO RECEIVE AND PLACE ON
FILE))
CCID # 708 – Motion by Gernandt to receive and place on file
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
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“PURSUANT TO CITY COUNCILE RULE VII D
THE PUBLIC HEARINGS
ON AGENDA ITEM NOS. 41 THROUGH 44
SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
41. Ord. to rezone the property located at 7447 Farnam Street from GI -General
Industrial District to CC - Community Commercial District.
CCID # 712 – Publication to be made and public hearing and third reading to be
held on June 24, 2014 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located at 7447 Farnam Street from
from GI – General Industrial District to CC – Community
Commercial District – see attached.
# 712 – Over to 06/24/14
42. Ord. to approve a Major Amendment to a Mixed Use District Development
Agreement for Aksarben Business and Education Campus, to allow Multiple
family, Religious Assembly, and Surface Parking, located northeast of 71 st Street
and Poppleton Avenue between the City of Omaha and St. Paul II New man
Center, Inc., providing site development standards; and to provide for an
effective date – see attached.
CCID # 713 – Publication to be made and public hearing and third reading to be
held on June 24, 2014 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a Major Amendment to a Mixed Use District Development
Agreement for Aksarben Business and Education Campus, to allow
Multiple family residential, Religious Assembly, and Surface parking
for construction of a college dormitory, located northeast of 71st
Street and Poppleton Avenue – see attached.
# 713 – Over to 06/24/14
43. Ord. to rezone the property located northwest of 134th and Fort Street from MU -
Mixed Use District to R5 - Urban Family Residential District.
CCID # 715 – Publication to be made and public hearing and third reading to be
held on June 24, 2014 as per City Charter requirements.
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(a) Planning Board and Planning Department recommend approval of
a request to rezone property located northwest of 134th and Fort
Streets from MU – Mixed Use District to R5 – Urban Family
Residential District – see attached.
# 715 – Over to 06/24/14
44. Ord. to approve a Major Amendment to a Mixed Use District Development
Agreement for Standing Bear, to remove four (4) lots from the Mixed Use
Development Agreement, located northwest of 134th and Fort Streets between
the City of Omaha and Showcase Homes, Inc., providing site development
standards; and to provide for an effective date – see attached.
CCID # 716 – Publication to be made and public hearing and third reading to be
held on June 24, 2014 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a Major Amendment to a Mixed Use District Development
Agreement for Standing Bear, to remove four (4) lots from the
Mixed Use Development Agreement, located northwest of 134th
and Fort Streets – see attached.
# 716 – Over to 06/24/14
* * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARING
ON AGENDA ITEM NO. 45
SHALL BE HELD ON THE SECOND READING”
ORDINANCE ON FIRST READING
45. Ord. approving an Amended Interlocal Agreement between the City of Omaha
and the following parties, to-wit: the CITY OF BELLEVUE, Nebraska; the
VILLAGE OF BOYS TOWN, Nebraska; the CITY OF GRETNA, Nebraska; the
CITY OF LAVISTA, Nebraska; the CITY OF PAPILLION, Nebraska; the CITY OF
RALSTON, Nebraska; the COUNTY OF SARPY, Nebraska; and, the PAPIO -
MISSOURI RIVER NATURAL RESOURCES DISTRICT, hereinafter being
referred to collectively as “the Papillion Creek Watershed Partnership,” or “the
Partnership,” 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, for a five-year term commencing July 1, 2014; to designate a
representative of the City of Omaha to the Partnership Executive Committee; to
authorize the Finance Department to pay the cost share to the Partnership as
called for in such amended agreement, including an initial contribution of
$187,500 from the Storm Water Fee Revenue Fund 12128, Storm Water
Management Organization 128026; to amend the Master Plan of the City of
Omaha to incorporate plans contained within the Amended Interlocal Agreement;
and to provide an effective date hereof – see attached.
CCID # 714 – Publication to be made and public hearing to be held on June 1 7,
2014 as per City Charter requirements.
* * * * * * * * * * * * *
CHAIRMAN OF THE BOARD OF EQUALIZATON
46. Chairman of the Board of Equalization reports approval of the Plan of
Assessment, with adjustments and corrections made, at their regular meeting
held June 3, 2014 – see attached. ((MOTION NEEDED TO APPROVE))
CCID # 718 – Motion by Gray that the report be approved
Seconded by Gernandt
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
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EXECUTIVE SESSION
47. 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 Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
ADJOURNED: 3:22 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 June 10th, 2014.
WITNESS:
_______________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN
STOTHERT ON THE 12th DAY OF JUNE, 2014.