2014-06-24j22nd REGULAR OMAHA CITY COUNCIL MEETING
JUNE 24, 2014
THE CITY COUNCIL met in Regular Session on Tuesday, June 24, 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 # 763 – Present: Gray, Jerram, Melton, Pahls, Thompson, Gernandt,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Franklin T. Thompson of District No. 6.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on June 20, 2014, notice re: Pre-Council and Regular City Council
Meetings, June 24, 2014.
CCID # 764 – From Chair on File
A current copy of the Open Meeting Act is posted in a white binder on the east
wall of the Legislative Chambers.
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
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ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
5. Ord. to rezone the property located at 7447 Farnam Street from GI -General
Industrial District to CC - Community Commercial District. ((PUBLIC HEARING
TODAY – CAN BE PASSED TODAY))
(See Doc. # 712 – June 10 and June 17 Meetings)
Notice of public hearing on June 24, 2014 published in the Daily Record on
June 13, 2014. Ordinance passed on June 24, 2014 published in the Daily
Record on July 2, 2014.
CCID # 712 – Motion by Melton that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
ORDINANCE # 40023 – PASSED 7-0
(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.
(See Doc. # 712 – June 10 Meeting)
# 712 – From Chair on File
6. 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 Newman
Center, Inc., providing site development standards; and to provide for an
effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED
TODAY))
(See Doc. # 713 – June 10 and June 17 Meetings)
Notice of public hearing on June 24, 2014 published in the Daily Record on
June 13, 2014. Ordinance passed on June 24, 2014 published in the Daily
Record on July 2, 2014.
Paul Jeffrey, BVH Architects, appeared and spoke.
CCID # 713 – Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
ORDINANCE # 40024 – PASSED 7-0
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(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.
(See Doc. # 713 – June 10 Meeting)
# 713 – From Chair on File
7. Ord. to rezone the property located northwest of 134th and Fort Streets from MU -
Mixed Use District to R5 - Urban Family Residential District. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 715 – June 10 and June 17 Meetings)
Notice of public hearing on June 24, 2014 published in the Daily Record on
June 13, 2014.
CCID # 715 – Motion by Gray that the Ordinance be laid over three weeks to July
15, 2014 and continue the public hearing
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
(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.
(See Doc. # 715 – June 10 Meeting)
# 715 – Over to 07/15/14
(b) Communication from Lisa Line, Attorney representing Jill E. Hild,
DDS, requesting that the Ordinance to rezone the property located
northwest of 134th and Fort Streets from MU - Mixed Use District to
R5 - Urban Family Residential District be laid over four weeks to
July 22, 2014 and continue the public hearing – see attached.
# 715 – From Chair on File
(c) Communication from Alan Thelen, Law Department, recommending
that the Ordinance to rezone the property located northwest of
134th and Fort Streets from MU - Mixed Use District to R5 - Urban
Family Residential District be laid over three weeks to July 15, 2014
and continue the public hearing – see attached.
# 715 – From Chair on File
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8. 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. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 716 – June 10 and June 17 Meetings)
Notice of public hearing on June 24, 2014 published in the Daily Record on
June 13, 2014.
CCID # 716 – Motion by Gray that the Ordinance be laid over three weeks to July
15, 2014 and continue the public hearing
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
(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.
(See Doc. # 716 – June 10 Meeting)
# 716 – Over to 07/15/14
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD JULY 8, 2014
AGENDA ITEM NO. 9
SHALL BE LAID OVER THREE WEEKS TO JULY 15, 2014
FOR PUBLICATION AND PUBLIC HEARING”
SPECIAL USE PERMIT – LARGE PROJECT
9. Res. that the Special Use Permit application submitted by McNeil Company
Builders for a Large Project Special Use Permit in a CC-Community Commercial
District for property located at 5505 South 120th Street, Omaha, Nebraska, is
hereby approved and the Permits and Inspection Division is directed to issue the
necessary permit therefor, provided the conditions set out in Exhibit "A" of the
above referenced application, conditions set out in Exhibit "B", and all applicable
local or state statutes, ordinances or regulations are complied with. That the
proposed Special Use Permit has been reviewed and evaluated pursuant to, and
meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal
Code – see attached.
Notice of public hearing on July 15, 2014 published in the Daily Record on
June 27, 2014.
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CCID # 783 – Over three weeks to July 15, 2014 for publication and public
hearing pursuant to City Council Rule VII H.
(a) Planning Board and Planning Department recommend approval of
the request of McNeil Company Builders for a Large Project Special
Use Permit in a CC-Community Commercial District for property
located at 5505 South 120th Street – see attached.
# 783 – Over to 07/15/14
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LIQUOR
10. 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 – over from 6/10/14 and continue the public hearing –
see attached. ((PUBLIC HEARING CONTINUED TO TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
(See Doc. # 706 – June 10 Meeting)
Tony Messineo, District Manager, Valentino’s, 6730 Park Crest Court, Lincoln,
NE, appeared and spoke.
CCID # 706 – Motion by Thompson that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
11. CLASS “C” – El Borrego De Oro, LLC, dba “El Borrego De Oro”, 3034 South 20th
Street. New application; New location. Property posted: 06 -06-14; Notification
sent: 06-13-14 – 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:
Proponent: Fabian Gutierrez, 3034 South 20th Street
For the City: Buster Brown, City Clerk
CCID # 765 – Application read
Motion by Gernandt that the application be amended from a Class “C” Liquor
License to a Class “I” Liquor License
Seconded by Thompson
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
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Motion by Thompson that the Resolution to GRANT be ADOPTED AS
AMENDED
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 765 – ADOPTED AS AMENDED 7-0
(a) Communication from Cross Lutheran Church, opposing the Off
Sale portion of the application of El Borrego De Oro, LLC, dba “El
Borrego De Oro”, 3034 South 20th Street, who is applying for a
Class “C” Liquor License – see attached.
# 765 – From Chair on File
12. CLASS “C” – Guckenheimer Services, LLC, dba “TD Ameritrade”, 200 South
108th Avenue. New application; New location. Property posted: 06 -10-14;
Notification sent: 06-13-14 – 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:
Proponent: Teresa Bradley, Guckenheimer Services, LLC, 200 South 108th
Avenue
For the City: Buster Brown, City Clerk
Motion by Thompson that the Resolution to GRANT be adopted
Seconded by Melton
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 766 – ADOPTED 7-0
13. CLASS “C” – Hinky Dinky Supermarkets, Inc., dba “Nuestra Familia
Supermarktes #733”, 2900 Leavenworth Street. UPGRADE. Presently holds a
Package Liquor License. Property posted: 06 -06-14; Notification sent: 06-13-14
– see attached. ((YOUR HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Anthony Christenham, 3611 North 101st Street, appeared and spoke.
Motion by Jerram that the Resolution to GRANT be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 767 – ADOPTED 7-0
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14. CLASS “I” – Dee Jay’s QSR of Nebraska, Inc., dba “Long John Silver’s”, 5023
South 108th Street. New application; New location. Property posted: 06 -09-14;
Notification sent: 06-13-14 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Brian Adams, 3109 Golden Boulevard, Bellevue, NE, appeared and spoke.
Motion by Thompson that the Resolution to GRANT be adopted
Seconded by Melton
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Nay: Jerram
Res. # 768 – ADOPTED 6-1
15. CLASS “I” – Tom Kum, Inc., dba “Korea King T.K.V.”, 4719 South 96th Street.
New application; New location. Property posted: 06-06-14; Notification sent:
06-13-14 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Tom Kum Vansant, 4719 South 96th Street, appeared and spoke.
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Melton
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 769 – ADOPTED 7-0
16. CLASS “I” – Wagner Foods, Inc., dba “Sam & Louie’s”, 7641 Cass Street. New
application; Old location. Present licensee is Daon, Inc., dba “Sam & Louie’s”,
7641 Cass Street, who has a Class “I” Liquor License – see attached. ((YOU
HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD
BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Tom Wagner, 7641 Cass Street, appeared and spoke.
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Melton
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 770 – ADOPTED 7-0
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17. Levy Premium Foodservices, Lt Ptnrshp, dba “Levy Premium Foodservices at
CenturyLink Center Omaha”, 455 North 10th Street, requests permission for
additions to their present Class “C” and Catering Liquor License location of a 2 nd
irregular shaped outdoor area approx. 390’ x 177’ to the southeast and a terrace
area approx. 205’ x 67’ to the northeast. Property posted: 06 -09-14; Notification
sent: 06-13-14 – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke.
CCID # 771 – Application read
Motion by Gray that the request be APPROVED AS AMENDED and recommend
the Nebraska Liquor Control Commission waive their fencing rules so as to allow
events with temporary fencing
Seconded by Thompson
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Motion Carried 6-0-1 Pass
(a) Communication from Mike Kelley, Attorney representing Levy
Premium Foodservices, Lt Ptnrshp, dba “Levy Premium
Foodservices at CenturyLink Center Omaha”, 455 North 10th Street,
for additions to the present Class “C” and Catering Liquor License
location re: Additions request clarification – see attached.
# 771 – From Chair on File
(b) Communication from Mike Kelley, Attorney representing Levy
Premium Foodservices, Lt Ptnrshp, dba “Levy Premium
Foodservices at CenturyLink Center Omaha”, 455 North 10th Street,
for additions to the present Class “C” and Catering Liquo r License
location re: Request to have temporary fencing during scheduled
events – see attached.
# 771 – From Chair on File
(c) Communication from Mike Kelley, Attorney representing Levy
Premium Foodservices, Lt Ptnrshp, dba “Levy Premium
Foodservices at CenturyLink Center Omaha”, 455 North 10th Street,
for additions to the present Class “C” and Catering Liquor License
location, requesting to amend the 2nd irregular shaped outdoor area
from approx.. 390’ x 177’ to 90’ x 80’ –see attached.
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# 771 – Motion by Gray that the Amendment be approved
Seconded by Melton
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Motion Carried 6-0-1 Pass
18. Storz Trophy Room Grill, LLC, dba “Storz Trophy Roo m Grill & Brewery”, 345
Riverfront Drive, requests permission for an addition to their present Class “C”
and Catering Liquor License location of a 2nd outdoor area approx. 120’ x 192’ to
the south. Property posted: 06-09-14; Notification sent: 06-13-14 – see
attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR
NOT TO APPROVE))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Mike Kelley, Attorney for the applicant, 7134 Pacific Street
For the City: Michelle Peters, Assistant City Attorney, representing the Parks,
Recreation and Public Property Department
Buster Brown, City Clerk
CCID # 772 – Application read
Motion by Gray that the City Council Liquor Rules (Rule 12) be suspended
Seconded by Melton
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Motion Carried 6-0-1 Pass
Motion by Gray that the request be APPROVED AS AMENDED and recommend
that the Nebraska Liquor Control Commission waive their fencing rules so as to
allow events with temporary fencing
Seconded by Melton
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
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CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Motion Carried 6-0-1 Pass
Motion by Gray that the City Council Liquor Rules be reinstated
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Motion Carried 6-0-1 Pass
(a) Communication from Mike Kelley, Attorney representing Storz
Trophy Room Grill, LLC, dba “Storz Trophy Room Grill & Brewery”,
345 Riverfront Drive, for an addition to the present Class “C” and
Catering Liquor License location, requesting an amendment to
license 2 separate areas approx. 160’ x 228’ including the sidewalk
– see attached.
# 772 – Motion by Gray that the Amendment be approved
Seconded by Melton
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Gernandt, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Motion Carried 6-0-1 Pass
19. Tiger Cats, LLC, dba “Ingredient Restaurant”, 10317 Pacific Street, requests
permission to appoint Glenn A. Wright manager of their present Class “C” and
Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY –
MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Glenn Wright, 6130 Whitmore Street, appeared and spoke.
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CCID # 773 – Motion by Thompson that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
20. Tiger Cats, LLC, dba “Ingredient Restaurant”, 3201 Farnam Street, requests
permission to appoint Glenn A. Wright manager of their present Class “C” Liquor
License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Glenn Wright, 6130 Whitmore Street, appeared and spoke.
CCID # 774 – Motion by Thompson that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
21. XV Restaurant, LLC, dba “Zin Room”, 316 South 15th Street, requests permission
to appoint Kirk M. Wright manager of their present Class “C” Liquor License
location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
Kirk Wright, Zin Room, 316 South 15th Street, appeared and spoke.
CCID # 775 – Motion by Gray that the request be approved
Seconded by Melton
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
22. Baby Blue Sushi, LLC, dba “Baby Blue Sushi Sake Grill”, 16939 Wright Plaza,
Suites 103 & 108, requests permission to appoint Sarah Macaitis manager of
their present Class “I” Liquor License location – see attached. ((PUBLIC
HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
CCID # 776 – Motion by Melton that the application be laid over one week to July
1, 2014 and continue the public hearing
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
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23. Curri, Inc., dba “Curri”, 1028 South 74th Plaza, requests permission to appoint
Thomas W. Erwin manager of their present Class “I” Liquor License location –
see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE
OR NOT TO APPROVE))
Thomas Erwin, 19424 Davy Jones Circle, Plattsmouth, NE, appeared and spoke.
CCID # 777 – Motion by Thompson that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
24. Kelly Midwest Ventures, L.P., dba “Kelly Inn – Omaha”, 4706 South 108th Street,
requests permission to appoint Carol J. Broer manager of their present Class “I”
Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
CCID # 778 – Motion by Gray that the application be laid over one week to July
1, 2014 and continue the public hearing
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
(a) Communication from Carol J. Broer, pending manager for the Class
“I” Liquor License of Kelly Midwest Ventures, L.P., dba “Kelly Inn –
Omaha”, 4706 South 108th Street, requesting the application be laid
over to July 1, 2014 – see attached.
# 778 – From Chair on File
25. Old Market Roja, LLC, dba “Roja Mexican Grill & Margarita Bar”, 1212 Harney
Street, requests permission to appoint Christopher S. Dalton manager of their
present Class “I” Liquor License location – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
CCID # 779 – Motion by Jerram that the application be laid over one week to July
1, 2014 and continue the public hearing
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
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26. RT Omaha Franchise, LLC, dba “Ruby Tuesday”, 16831 Lakeside Hills Plaza,
requests permission to appoint Jason Cockell manager of their present Class “I”
Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Jason Cockell, 6577 Charles Street, appeared and spoke.
CCID # 780 – Motion by Thompson that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
27. AVP Energy, LLC, dba “AVP Energy #3”, 10505 Pacific Street, requests
permission to appoint Phyllis M. Reiser manager of their present Package Liquor
License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
CCID # 781 – Motion by Thompson that the application be laid over three weeks
to July 15, 2014 and continue the public hearing
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
(a) Communication from Seth Hendrix, General Manager of AVP
Energy, LLC, dba “AVP Energy #3”, 10505 Pacific Street,
requesting to lay over the application to appoint Phyllis Reiser
manager to July 15, 2014 – see attached.
# 781 – From Chair on File
28. Jax, Inc., dba “Perry’s Place”, 9652 Mockingbird Drive, requests permission for a
Special Designated License for a Concert on July 26, 2014 from 12:00 noon to
2:00 a.m. with music until 1:00 a.m . – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Chad Perry, 1005 North 107th Avenue
For the City: Buster Brown, City Clerk
CCID # 782 – Motion by Pahls that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Gray, Melton, Pahls, Thompson, Mr. President
Nays: Jerram, Gernandt
Motion Carried 5-2
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CONSENT AGENDA
(Any member of the City Council may cause any item placed on the Consent Agenda to
be removed there from. Items removed from the Consent Agenda shall be taken up by
the City Council immediately following the Consent Agenda in the order in which they
were removed unless otherwise taken out of order as otherwise provided by the City
Council Rules of Order.)
(The public hearing on Agenda Item No. 29 was held on June 17, 2014.)
CONSENT AGENDA – ORDINANCE
29. 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.
(See Doc. # 714 – June 10 and June 17 Meetings)
Notice of public hearing on June 17, 2014 published in the Daily Record on
June 13, 2014. Ordinance passed on June 24, 2014 published in the Daily
Record on July 2, 2014.
CCID # 714 – Motion by Gray that the Ordinance be passed
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
ORDINANCE # 40025 – PASSED 7-0
((MOTION NEEDED THAT THE ORDINANCE ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
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(The public hearings on Agenda Item Nos. 30 through 36 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 you r name,
address, who you represent, and if you are a proponent or opponent.)
CONSENT AGENDA – RESOLUTIONS
30. Res. that, as recommended by the Mayor, the contract with Swain Construction,
Inc. for OPW 52051, being Farnam Street one-way conversion, 36th Street to
42nd Street in the amount of $676,927.65 is hereby approved; and, that the
Finance Department is authorized to pay this cost as a year 2014 expenditure
from the following sources: $108,645 from Street and Highway Allocation Fund
12131, Major Street Resurfacing Organization 116159; $100,000 from 2010
Transportation Bond Fund 13183, 2010 Bond Organization 117117; $100,000
from Community Development Block Grant Fund 12186, Community
Development Block Grant Organization 128072; and $368,283 from Capitol
Improvements Fund 12112, Capitol Improvements Organization 131555 – with
expected reimbursements to the Capitol Improvements Fund according to the
attached schedule – see attached.
Matt Dwyer, GreenSlate Development, 450 Regency Parkway, Suite 220,
appeared and spoke.
Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 784 – ADOPTED 7-0
31. Res. that, the quote of Anderson Excavating Co. for the demolition of the
religious building located at 2320 North 28 Avenue, in the amount of $22,640.00
is accepted and award is made to Anderson Excavating Co. The amount of this
award shall be paid from General Funds Demolition 2014, Fund No. 11111,
Organization No. 109047; and that, the Purchasing Agent be authorized to issue
a purchase order to Anderson Excavating Co. for the demolition of the religious
building located at 2320 North 28 Avenue, in the amount of $22,64 0.00 – see
attached.
Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 785 – ADOPTED 7-0
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32. Res. that as recommended by the Mayor, the Contract between the Omaha
Human Rights and Relations Department and the U.S. Equal Opportunity
Commission for reimbursement for processing employment discrimination
complaints arising within its jurisdiction for EEOC f or the time period of October
1, 2013, to September 30, 2014, in the amount of $41,850.00, attached hereto as
Exhibit “A”, is hereby approved – see attached.
Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 796 – ADOPTED 7-0
33. Res. that, as recommended by the Mayor, in accordance with Section 5.16 of the
Omaha Home Rule Charter, the Omaha Public Lib rary is hereby authorized to
purchase unique and non-competitive library books, publications, and materials
from WT Cox in an amount not to exceed $99,500 during the period of January 1,
2014 through December 31, 2014; and, the Finance Department is author ized to
pay the $99,500 cost thereof from the Library’s General Fund 11111,
Organization 117016, Account 43414, year 2014 expenditures – see attached.
Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 786 – ADOPTED 7-0
34. Res. that the appointment by Mayor Stothert of Caitlin M. Davis as a member of
the Library Board to serve a three-year term, commencing on July 1, 2014, and
expiring three years thereafter, be and hereby is confirmed and approved – see
attached.
Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 787 – ADOPTED 7-0
35. Res. that the appointment by Mayor Stothert of Carol I. Wang as a member of
the Library Board to serve a three-year term, commencing on July 1, 2014, and
expiring three years thereafter, be and hereby is confirmed and approved – see
attached.
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Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 788 – ADOPTED 7-0
36. Res. that the nomination and appointment by Mayor Stothert of Othello H.
Meadows III as a member of the Park and Recreation Board, to serve a three -
year term commencing upon confirmation by the City Council and expiring June
23, 2017, be and hereby is confirmed and approved – see attached.
Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 789 – ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
RESOLUTIONS
37. Res. that, the attached Ekard Court Tax Increment Financing (TIF)
Redevelopment Project Plan located at 617 South 31st Street which proposes the
complete demolition and removal of the existing two structures, and the
construction of a new, single multi-family apartment structure consisting of 36
market-rate units and parking on site, recommends the City’s participation
through the allocation of TIF in an amount up to $517,158.00 to offset TIF eligible
costs such as acquisition, site work, architectural and engineering fees and any
required public improvements, which includes $15,000.00 of the TIF
proceeds/loan toward additional streetscaping in the area, but is subject to
change as final costs come in, containing a provision for the division of ad
valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of
Nebraska, as recommended by the City Planning Department, be and hereby is
approved – over from 6/3/14 for publication and public hearing – had publication
– see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 688 – June 3 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: David Kain, 5110 Chicago Street
Protestant: D’Shawn Cunningham, 604 South 22nd Street
For the City: Bridget Hadley, Planning Department
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Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 688 – ADOPTED 7-0
38. Res. that, the attached Midtown Triangle Tax Increment Financing (TIF)
Redevelopment Project Plan located northwest of 30th and Leavenworth Street
and at 3036 Marcy Street which proposes the complete demolition of structures,
clearing and grading the sites, and the new construction of a 178 unit, four -story
structure of wood frame construction over a one -and-one-half story concrete
podium which consists of 171 parking stalls, apartment amenities, and about
6,173 sq. ft. of commercial space, and at 3036 Marcy site th ere will be three,
three (3) bedroom row houses constructed with attached two (2) car garages,
and recommending the City’s participation through the allocation of TIF in an
amount up to $3,106,447.00 to offset TIF eligible costs such as acquisition,
demolition, site work, environmental, site utilities, architectural and engineering
fees and any required public improvements, which includes $40,000.00 of the
TIF proceeds/loan toward the Midtown Public Improvement Fund for public
enhancement and improvement projects in the Midtown area, but is subject to
change as final costs come in, containing a provision for the division of ad
valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of
Nebraska, as recommended by the City Planning Department, be and hereby is
approved – over from 6/3/14 for publication and public hearing – had publication
– see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 688 – June 3 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Steven Held, representing Midtown Triangle, LLC, Dial Realty
Corporation, 11506 Nicholas Street
Protestant: D’Shawn Cunningham, 604 South 22nd Street
For the City: Bridget Hadley, Planning Department
Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 689 – ADOPTED 7-0
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“PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NOS. 39 THROUGH 40
SHALL BE LAID OVER THREE WEEKS
FOR PUBLICATION AND PUBLIC HEARING”
39. Res. that, the attached Amendments to the Omaha -Council Bluffs Fiscal Year
2012, 2013 and 2014 Consolidated Submissions for Community Planning and
Development Programs are hereby approved – see attached.
Notice of public hearing on July 15, 2014 published in the Daily Record and
the Omaha World Herald on June 26, 2014 and July 3, 2014.
CCID # 790 – Over three weeks to July 15, 2014 for publication and public
hearing pursuant to City Council Rule VII F.
40. Res. that, the attached The State Tax Increment Financing (TIF) Redevelopment
Project Plan located at 528 S. 29th Street which contemplates the complete
rehabilitation of the multifamily structure and creating 21 apartment units,
recommends the City’s participation through the allocation of TIF in an amount
up to $156,000.00 to offset TIF eligible costs such as acquisition, rehabilitation
construction, site work and demolition, and any public improvements, as may be
required, and includes $10,000.00 of the TIF proceeds/loan toward the Midtown
Public Improvement Fund; containing a provision for the division of ad valorem
taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as
recommended by the City Planning Department, be and hereby is approved –
see attached.
Notice of public hearing on July 15, 2014 published in the Daily Record and
the Omaha World Herald on June 26, 2014 and July 3, 2014.
CCID # 791 – Over three weeks to July 15, 2014 for publication and public
hearing pursuant to City Council Rule VII F.
* * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS
ON AGENDA ITEM NOS. 41 THROUGH 45
SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON SECOND READING
41. Ord. to rezone property located at 3327 Harney Street from R7 -Medium-Density
Multiple-Family Residential District to R8-High-Density Multiple-Family
Residential District (property is also located within an ACI-1(PL) Overlay District).
(See Doc. # 747 – June 17 Meeting)
CCID # 747 – ORDINANCE ON SECOND READING – Final reading to be held
on July 1, 2014 as per City Charter requirements.
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42. Ord. to approve a PUD-Planned Unit Development Overlay District in an R8-
High-Density Multiple-Family Residential District (property is also located within
an ACI-1(PL) Overlay District), located at 3327 Harney Street, to approve the
Development Plan, and to provide for an effective date – see attached.
(See Doc. # 748 – June 17 Meeting)
CCID # 748 – ORDINANCE ON SECOND READING – Final reading to be held
on July 1, 2014 as per City Charter requirements.
43. Ord. to rezone property located Northeast of 144th and Ida Streets from R6 -Low-
Density Multiple-Family Residential District to R4-Single-Family Residential
District (High Density).
(See Doc. # 749 – June 17 Meeting)
CCID # 749 – ORDINANCE ON SECOND READING – Final reading to be held
on July 1, 2014 as per City Charter requirements.
44. Ord. to rezone property located at 20516 Nicholas Circle from R4 -Single-Family
Residential District (High Density) and CC-Community Commercial District to R4-
Single-Family Residential District (High Density).
(See Doc. # 752 – June 17 Meeting)
CCID # 752 – ORDINANCE ON SECOND READING – Final reading to be held
on July 1, 2014 as per City Charter requirements.
45. Ord. to rezone property located at 20516 Nicholas Circle f rom R4-Single-Family
Residential District (High Density) and CC-Community Commercial District to
CC-Community Commercial District.
(See Doc. # 753 – June 17 Meeting)
CCID # 753 – ORDINANCE ON SECOND READING – Final reading to be held
on July 1, 2014 as per City Charter requirements.
* * * * * * * * * * * * *
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ORDINANCE ON SECOND READING and Planning Board Attachment
46. Ord. to rescind the landmark designation of the Clarinda-Page Apartment
Building, located Southeast of Turner Boulevard and Farnam Street, pursuant to
Omaha Municipal Code Section 24-65; and to provide for the effective date – see
attached. ((PUBLIC HEARING TO BE HELD ON THE THIRD READING ON
7/1/14))
(See Doc. # 755 – June 17 Meeting)
CCID # 755 – Ordinance on second reading – Final reading and public hearing
to be held on July 1, 2014 as per City Council Motion.
(a) Planning Board and Planning Department recommend approval of
the request for the Rescission of the Local Landmark Status for the
Clarinda-Page Apartment Building (#H6-14-2), located Southeast of
Turner Boulevard and Farnam Street – see attached.
(See Doc. # 755 – June 17 Meeting)
# 755 – Over to 07/01/14
ORDINANCES ON SECOND READING
47. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described vacant and improved properties, located in the
Omaha Campus for Hope Redevelopment Plan Amendment One Area, an area
generally bounded by the North side of the Kellom Green Belt on the North, 16 th
Street on the East, Nicholas Street on the South, and 18th Street on the West, for
acquisition, relocation as appropriate, demolition of structures, preparation of
sites, and subsequent use for implementing the Omaha Campus for Hope
Redevelopment Plan Amendment One by constructing new residential facilities
and to provide support services to homeless persons; provided that as to each
specified parcel which cannot be obtained by negotiation, proceedings in eminent
domain be undertaken and completed; project costs will be paid from FY 2013
Community Development Block Grant, Fund 12186, Organization 128072, Award
10061, Project 4134, Task 9.1435; and to provide the effective d ate hereof – see
attached. ((PUBLIC HEARING TODAY))
(See Doc. # 756 – June 17 Meeting)
CCID # 756 – Public hearing was held today – Final reading set for July 1, 2014
as per City Charter requirements.
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48. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and Cinderblock Enterprises, Inc., a Nebraska
corporation, to implement the 1915 Jackson Street Tax Increment Financing
(TIF) Redevelopment Project Plan for a redevelopment site located at 1915
Jackson Street; the agreement contemplates the complete rehabilitation,
conversion and adaptive re-use of the former Fisher Fixture building into the new
headquarters and business operations for Catering Crea tions which will comprise
a modern style ballroom, an office and conference space for meetings, a tasting
room, and a large kitchen space, and parking accommodations through
arrangements at surrounding surface parking lots; the agreement authorizes the
use of up to $400,000.00 in excess ad valorem taxes (TIF) generated by the
development to help fund the cost of the project; and providing for an effective
date – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 757 – June 17 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Protestant: D’Shawn Cunningham, 604 South 22nd Street
For the City: Bridget Hadley, Planning Department
CCID # 757 – Public hearing was held today – Final reading set for July 1, 2014
as per City Charter requirements.
49. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and Flatiron Hotel, LLC, a Nebraska limited liability
company, to implement the Flatiron Building Tax Increment Financing (TIF)
Redevelopment Project Plan located at 1722 St. Mary’s Avenue which proposes
the conversion of office space into 30 market-rate residential units on floors two
(2) – four (4), utilizing the basement for tenant storage, major renovations to
commercial space, and parking through lease arrangements just west of the
building for residential tenants, as well as public improvements adjacent to the
site; the agreement authorizes the use of up to $876,000.00 in excess ad
valorem taxes (TIF) generated by the development to help fund the cost of the
project; and providing for an effective date – see attached. ((PUBLIC HEARING
TODAY))
(See Doc. # 758 – June 17 Meeting)
Bridget Hadley, Planning Department, appeared and spoke.
CCID # 758 – Public hearing was held today – Final reading set for July 1, 2014
as per City Charter requirements.
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50. Ord. to approve an agreement with the Federal Bureau of Investigation for
construction and use of an outdoor firing range at the Omaha Public Safety
Training Center at 11616 Rainwood Road; to accept payment of $1,200,000.00
from the FBI for those purposes; to grant the FBI use of the range for firearm
training over a period of 30 years; to authorize the Mayor, Po lice Chief, and City
Clerk to execute and attest the agreement; and to provide the effective date
hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 761 – June 17 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Kevin Hetrick, Federal Bureau of Investigation, 4411 South 121st
Court
For the City: Captain Adam Kyle, Police Department
CCID # 761 – Public hearing was held today – Final reading set for July 1, 2014
as per City Charter requirements.
SALVAGE DEALER BUSINESS
51. 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 necessary permit
therefore, contingent upon continued compliance with all requirements made and
provided by law – over from 6/10/14 for publication and public hearing – had
publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
(See Doc. # 711 – July 10 Meeting)
Val Gomez, 6120 North 68th Street, appeared and spoke.
Motion by Gray that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Res. # 711 – ADOPTED 7-0
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“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD JULY 8, 2014
THE THIRD READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 52 THROUGH 53
SHALL BE HELD ON JULY 15, 2014”
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
52. Ord. to rezone the property located at 1516 Leavenworth Street from DS -
Downtown Service District to CBD - Central Business District.
CCID # 792 – Publication to be made and public hearin g and third reading to be
held on July 15, 2014 pursuant to City Council Rule VII H.
(a) Planning Board and Planning Department recommend approval of
a request to rezone property at 1516 Leavenworth Street from DS –
Downtown Service District to CBD – Central Business District
(property is also located within an ACI-1(PL)-Area of Civic
Importance Overlay District) – see attached.
# 792 – Over to 07/15/14
53. Ord. to add Sections 55-595, 55-596, 55-597, 55-598, 55-599, and 55-600 of the
Omaha Municipal Code to enact land use development regulations to provide for
design standards and guidelines that promote infill redevelopment; to repeal
Sections 55-29, 55-62, and 55-715 as heretofore existing; and to provide the
effective date thereof – see attached.
CCID # 793 – Publication to be made and public hearing and third reading to be
held on July 15, 2014 pursuant to City Council Rule VII H.
(a) Planning Board and Planning Department recommend approval of
an amendment to add Sections 55-595, 55-596, 55-597, 55-598,
55-599, and 55-600 of the Omaha Municipal Code to enact land
use development regulations to provide for design standards and
guidelines that promote infill redevelopment; to repeal Sections 55 -
29, 55-62, and 55-715 – see attached.
# 793 – Over to 07/15/14
* * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS
ON AGENDA ITEM NOS. 54 THROUGH 55
SHALL BE HELD ON THE SECOND READING”
ORDINANCE ON FIRST READING and Planning Board Attachment\
54. Ord. vacating the north/south alley between 20th and 21st Streets from
Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4, 21, 22, 23, and 24,
Block 1, Millard Place; and, providing the effective date hereof – see attached.
CCID # 794 – Publication to be made and public hearing to be held on July 1,
2014 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
the vacation of the north/south alley between 20th and 21st Streets
from Leavenworth Street, south 161 feet adjacent to Lots 1, 2, 3, 4,
21, 22, 23, and 24, Block 1, Millard Place – Inside City – see
attached.
# 794 – Over to 07/01/14
ORDINANCE ON FIRST READING
55. Spec. Ord. levying a special tax assessment for condemned buildings or
structures in accordance with Section 48-93 of the Omaha Municipal Code on
certain lots in the City of Omaha. Group No: 2014-1 – see attached.
CCID # 795 – Publication to be made and public hearing to be held on July 1,
2014 as per City Charter requirements.
* * * * * * * * * * * * *
56. Ord. to amend Sections 31-145, 31-147 and 31-158 of the Omaha Municipal
Code, dealing with sewer use fees; to provide for sewer service charges for the
period January 1, 2014 through December 31, 2018, subject to an audit of the
sewer service charges every five (5) years; to repeal Sections 31 -145, 31-147
and 31-158 of the Omaha Municipal Code as heretofore existing; and to provide
for the effective date hereof – see attached. ((MOTION NEEDED TO SET THE
SECOND READING ON 7/1/14 AND THE THIRD READING AND PUBLIC
HEARING ON 7/15/14))
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CCID # 797 – Motion by Gernandt to set the second reading on July 1, 2014 and
the third reading and public hearing on July 15, 2014
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, Mr. President
Motion Carried 7-0
RECONSIDERATION
57. Motion by Councilmember Melton to reconsider CCID No. 572 of June 17, 2014,
being 1) an Ord. to rezone property located northeast of 192nd and Leavenworth
Streets from AG-Agricultural District to R6-Low Density Multiple Family
Residential District and 2) Planning Board and Planning Department recommend
approval of a request to rezone properties located northeast of 192nd and
Leavenworth Streets from AG-Agricultural District to R6-Low Density Multiple
Family Residential District, with Roll Call on July 1, 2014.
CCID # 572 – Motion by Melton to reconsider CCID No. 572 of June 17, 2014
with Roll Call on July 1, 2014
Seconded by Gernandt
58. Motion by Councilmember Melton to reconsider CCID No. 573 of June 17, 2014,
being 1) an Ord. to approve a PUD-Planned Unit Development Overlay District in
a R6-Low-Density Multiple Family Residential District located Northeast of 192nd
and Leavenworth Street, to approve the Development Plan, and to provide for an
effective date and 2) Planning Board and Planning Department recommend
approval of a request for a PUD-Planned Unit Development Overlay District in a
R6-Low-Density Multiple Family Residential District located Northeast of 192 nd
and Leavenworth Street, with Roll Call on July 1, 2014.
CCID # 573 – Motion by Melton to reconsider CCID No. 573 of June 17, 2014
with Roll Call on July 1, 2014
Seconded by Gernandt
59. Motion by Councilmember Melton to reconsider CCID No. 574 of June 17, 2014,
being 1) a Res. that the plat entitled GROVE RIDGE, located northeast of 192nd
and Leavenworth Streets, is hereby approved and accepted – Outside City – and
2) Planning Board and Planning Department recommend approval of the Final
Plat of GROVE RIDGE, a subdivision outside the city limits, located northeast of
192nd and Leavenworth Streets – Outside City – with Roll Call on July 1, 2014.
CCID # 574 – Motion by Melton to reconsider CCID No. 574 of June 17, 2014
with Roll Call on July 1, 2014
Seconded by Gernandt
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60. Motion by Councilmember Melton to reconsider CCID No. 647 of June 17, 2014,
being a Res. that, the Subdivision Agreement among the City of Omaha, DP
Metro Capital, a Nebraska corporation, the Grove Ridge Owners Association,
and Sanitary and Improvement District (S.&I.D.) 564 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 Grove
Ridge (Lots 1-3 and Outlot A) and is located northeast of 192nd and Leavenworth
Streets, with Roll Call on July 1, 2014.
CCID # 647 – Motion by Melton to reconsider CCID No. 647 of June 17, 2014
with Roll Call on July 1, 2014
Seconded by Gernandt
EXECUTIVE SESSION
61. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Motion by Gray that the meeting be adjourned
Seconded by Melton
ROLL CALL:
Yeas: Gray, Jerram, Melton, Pahls, Thompson, Gernandt, 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 24th, 2014.
WITNESS:
_______________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN
STOTHERT ON THE 26th DAY OF JUNE, 2014.