2013-09-17j29th REGULAR OMAHA CITY COUNCIL MEETING
SEPTEMBER 17, 2013
THE CITY COUNCIL met in Regular Session on Tuesday, September 17, 2013 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 # 1254 – Present: Thompson, Gernandt, Gray, Jerram, Melton, Pahls,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Ben Gray of District No. 2.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on September 13, 2013, notice re: Pre-Council and Regular City
Council Meetings, September 17, 2013.
CCID # 1255 – 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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“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 5 THROUGH 6
SHALL BE LAID OVER TWO WEEKS”
RESOLUTIONS RE: PLAT & SUBDIVISION AGREEMENT
5. Res. that the replat transmitted herewith entitled THE VILLAS OF OMAHA AT
BUTLER RIDGE, located Northwest of 156th Street and Butler Avenue, is hereby
approved, and concurrently a portion of the existing plat entitled Village at Butler
Ridge, and described on said replat, is hereby vacated – Outside City – see
attached.
CCID # 1272 – Over two weeks to October 1, 2013 pursuant to City Council Rule
VII E.
(a) Planning Board and Planning Department recommend approval of
the Final Plat of THE VILLAS OF OMAHA AT BUTLER RIDGE,
located Northwest of 156th Street and Butler Avenue – Outside City
– see attached.
# 1272 – Over to 10/01/13
6. Res. that, the Subdivision Agreement between the City of Omaha and The Villas
at Butler Ridge, LLC, a Nebraska Limited Liability Company, as recommended by
the Mayor, providing for the Watershed Management fees, Interceptor Sewer
fees, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is
hereby approved. The Subdivision is to be known as The Villas of Omaha at
Butler Ridge (Lots 1-2 and Outlots A-C) and is located northwest of 156th Street
and Butler Avenue – see attached.
CCID # 1274 – Over two weeks to October 1, 2013 pursuant to City Council Rule
VII E.
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LIQUOR AND RESOLUTIONS RE: KENO
7. CLASS “C” – Margaritas, LLC, dba “Margaritas”, 2505 South 132 nd Street. New
application, New location. Property posted: 09-04-13; Notification sent: 09-06-
13 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Motion by Thompson that the Resolution to GRANT be adopted
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1256 – ADOPTED 7-0
8. PACKAGE – Wal-Mart Stores, Inc., dba “Walmart #3152”, 2451 North 90th Street.
New application, New location. Property posted: 09-04-13; Notification sent:
09-06-13 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
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. # 1257 – ADOPTED 7-0
9. Res. that, in accordance with the Lottery Operator's Agreement with the City of
Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red
satellite keno location at 7425 Pacific Street, McKenna’s Blues Booze & BBQ, in
Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt
Boulevard, appeared and spoke.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1260 – ADOPTED 7-0
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10. Res. that, in accordance with the Lottery Operator's Agreement with the City of
Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red
satellite keno location at 13806 P Street, The Mill, in Omaha, Nebraska – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt
Boulevard, appeared and spoke.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1261 – ADOPTED 7-0
PROTEST FILED BY THREE OR MORE RESIDENTS PER SECTIONS 53 -135 AND
53-135.01 OF THE NEBRASKA LIQUOR CONTROL ACT, AND LONG-FORM
RENEWAL RESOLUTION
11. Protest filed by three or more residents in accordance with Section 53 -135 and
53-135.01 of the Nebraska Liquor Control Act opposing the automatic renewal of
the Class “C” Liquor License of D & W, Inc., dba “Spaulding Bar”, 3825 North 30th
Street for the 2013-2014 licensing year – over from 9/10/13 and continue the
public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY –
MOTION NEEDED TO RECEIVE AND PLACE ON FILE))
(See Doc. # 1246 – September 10 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Regina Wright, 2856 Spaulding Street
Protestant: Jim McVay, Attorney representing Spaulding Bar, 6910 Pacific
Street
CCID # 1246 – Motion by Gray to receive and place on file
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
(a) Legal opinion from Deputy City Attorney, Thomas O. Mumgaard re:
automatic renewal of the Class "C" Liquor License of D & W, Inc.,
dba “Spaulding Bar”, 3825 North 30th Street for the 2013-2014
licensing year – over from 9/10/13 – see attached.
(See Doc. # 1246 – September 10 Meeting)
# 1246 – From Chair on File
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(b) Communication from James B. McVay, Attorney representing D &
W, Inc., dba “Spaulding Bar”, 3825 North 30th Street, re: Protest of
the Class “C” Liquor License for the 2013 -2014 licensing year – see
attached.
# 1246 – From Chair on File
(c) Communication from Captain Scott Gray, Omaha Police
Department, Southeast Precinct re: D & W, Inc., dba “Spaulding
Bar”, 3825 North 30th Street – see attached.
# 1246 – From Chair on File
12. Res. that the Nebraska Liquor Control Commission is hereby requested to
require D & W, Inc., dba "Spaulding Bar" at 3825 North 30th Street in Omaha,
Nebraska, to submit a formal application before its Class “C” retail liquor license
is renewed for the 2013-2014 licensing year – over from 9/10/13 and continue
the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO
TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1203 – September 10 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Regina Wright, 2856 Spaulding Street
Protestant: Jim McVay, Attorney representing Spaulding Bar, 6910 Pacific
Street
CCID # 1203 – Motion by Gray that the Resolution NOT be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
CONSENT AGENDA
(Any member of the City Council may cause any item placed on the Consent Agenda to
be removed there from. Items removed from the Consent Agenda shall be taken up by
the City Council immediately following the Consent Agenda in the order in which they
were removed unless otherwise taken out of order as otherwise provided by the City
Council Rules of Order.)
(The public hearings on Agenda Item Nos. 13 through 16 were held on September 10,
2013.)
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CONSENT AGENDA – ORDINANCES
13. Ord. vacating 85th Avenue from Cass Street north approximately 220+/- feet, in
the City of Omaha and providing the effective date hereof – see attached.
(See Doc. # 1175 – August 27 and September 10 Meetings)
Notice of public hearing on September 10, 2013 published in the Daily
Record on August 30, 2013. Ordinance passed on September 17, 2013
published in the Daily Record on September 25, 2013.
CCID # 1175 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39782 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
the vacation of 85th Avenue from Cass Street north approximately
220 +/- feet – Inside City – see attached.
(See Doc. # 1175 – August 27 and September 10 Meetings)
# 1175 – From Chair on File
14. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described properties located at 3002 North 41st Street and
4541 Saratoga Street, and legally described in the attached two Donation
Agreements, for subsequent use as a site for implementing the Consolidated
Submission for Community Planning and Development Programs FY 2013 Action
Plan; provided that as to each specified parcel, proceedings in emin ent domain
may be undertaken and completed for the purposes of clearing title; to provide
that notwithstanding any provisions of the Omaha Municipal Code to the
contrary, the attached two Agreements between the City of Omaha and Wells
Fargo Bank, N.A., 1 Home Campus, Des Moines, IA 50328-0001, to accept the
donation of said residential property at no cost to the city is approved; no
expenses are associated with the acceptance of the donation; and to provide the
effective date hereof – see attached.
(See Doc. # 1176 – August 27 and September 10 Meetings)
Notice of public hearing on September 10, 2013 published in the Daily
Record on August 30, 2013. Ordinance passed on September 17, 2013
published in the Daily Record on September 25, 2013.
CCID # 1176 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39783 – PASSED 7-0
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15. Ord. to amend Omaha Municipal Code Sections 34-154, 34-158, 34-165, and 51-
15; to amend requirements for lease application, bond, annual rental, and permit
fees, for neighborhood or business district identification signs, applied for by
business improvement district boards; to repeal Sections 34-154, 34-158, 34-
165, and 51-15 as heretofore existing; and to provide the effective date thereof –
see attached.
(See Doc. # 1182 – August 27 and September 10 Meetings)
Notice of public hearing on September 10, 2013 published in the Daily
Record on August 30, 2013. Ordinance passed on September 17, 2013
published in the Daily Record on September 25, 2013.
CCID # 1182 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39784 – PASSED 7-0
16. Ord. to create and establish a Charter Study Convention in accordance with
Section 8.15 of the Home Rule Charter of the City of Omaha, 1956; to provide for
membership and its appointment thereto; to provide for the duties of such
Charter Study Convention; to provide that the timetable by which the Charter
Study Convention shall undertake of responsibility and by which it is to complete
its duties; to provide for the election of officers and adoption of Rules of
Procedure; to require the use of City facilities and personnel; to provide that no
City funds shall be expended without prior approval by the City Council; and to
provide the effective date hereof – see attached.
(See Doc. # 1181 – August 27 and September 10 Meetings)
Notice of public hearing on September 10, 2013 published in the Daily
Record on August 30, 2013. Ordinance passed on September 17, 2013
published in the Daily Record on September 25, 2013.
CCID # 1181 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
ORDINANCE # 39785 – PASSED 7-0
((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
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(The public hearings on Agenda Item Nos. 17 through 26 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
17. Res. that, as recommended by the Mayor, the contract with Heimes Corp. for
OPW 52450, being the 49th Street from Sprague Street to Ames Avenue public
improvements in the amount of $527,444.76A is hereby approved; and, that the
Finance Department is authorized to pay this cost from the 2010 Transportation
Fund 13183, Transportation Bonds Organization 117117, year 2013
expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1275 – ADOPTED 7-0
18. Res. that, as recommended by the Mayor, the Professional Services Agreement
with Alfred Benesch & Company to perform preliminary engineering, NEPA and
final design services for the 24th Street Road Diet Project, known as ENH-
5083(7), CN22506, and OPW 52336, and t he Finance Department is authorized
to pay a fee not to exceed $29,335.63; to be paid from the 2010 Transportation
Fund 13183, Organization 117117, is hereby approved; and that, the City Council
hereby authorizes the Mayor and City Clerk to sign the attached Agreement on
behalf of the City of Omaha – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1262 – ADOPTED 7-0
19. Res. that, as recommended by the Mayor, the Preliminary Engineering and
Environmental Services Agreement with Lamp, Rynearson & Associates for
McMillan Safe Routes to School Infrastructure Project, located on Redick Avenue
between 37th Street and 42nd Street, known as Federal Aid Project SRTS-
28(93), State Control No. 22321, with Federal Funds to pay for 100% of the
project costs, as stewarded by the Nebraska Department of Roads, is hereby
approved; and, that the City Council hereby authorizes the Mayor and City Clerk
to sign the attached Agreement on behalf of the City of Omaha – see attached.
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Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1263 – ADOPTED 7-0
20. Res. that, as recommended by the Mayor, the Supplemental Agreement No. 1
between the City of Omaha and the State of Nebraska Department of Roads,
providing for additional resurfacing on certain street segments which are urban
extensions of State Highways or links to the State Highway system, known a s
Project RD-D2(1036), State Control Number 22334, Agreement IH1305, being
Fiscal Year 2014 Resurfacing Project having reimbursement from the State of
Nebraska Department of Roads as previously authorized, is hereby approved;
and, that the City Council hereby authorizes the Mayor and City Clerk to sign the
attached Supplemental Agreement No. 1 on behalf of the City of Omaha – see
attached.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1264 – ADOPTED 7-0
21. Res. that, as recommended by the Mayor, the Professional Services Agreement
with LYNC Architecture, LLC for professional design services for design
development, bid services and construction on the Southeast Street Maintenance
Facility Locker Room Addition Project at 5225 Dayton Street, is hereby approved;
and that, the Finance Department is authorized to pay a fee not to exceed
$31,540.00; to be paid from the 2010 Public Facilities Bond Fund 13245, Public
Facilities Capital Organization 116262 – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1276 – ADOPTED 7-0
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22. Res. that, as recommended by the Mayor, the purchase order to Watson
Bowman Acme Corp for the procurement of bridge joint repair items for use in
the F Street Bridge Project, known as OPW 52448-SP, in accordance with
Section 5.16 of the Home Rule Charter of 1956 for the purchase of unique or
non-competitive items, is hereby approved; and that, the Finance Department is
authorized to pay the cost, not to exceed $55,591.00, from the Street and Hwy
Allocation Fund 12131, Bridge Maintenance Organization 116164 – see
attached.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1265 – ADOPTED 7-0
23. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a purchase order to SFG Road Maintenance for the purchase of
approximately 30,000 gallons of agricultural based de -icing materials to be
applied on City streets for the 2013 -2014 winter season in the amount of
$30,000.00; and, that the Finance Department is authorized to pay this cost from
the Street and Highway Allocation Fund 12131, Snow and Ice Control
Organization 116154, year 2013 expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1266 – ADOPTED 7-0
24. Res. that pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by
Legislative Bill 589 on May 24, 2011, the City of Omaha officially designates the
Omaha North High Homecoming Parade as a special event under LB 589 and
NEB. REV. STAT. §39-1359 R.R.S. 2008 and hereby notifies the State of Nebraska
that it accepts the duties imposed by such law, and, if a claim is made against
the state, shall indemnify, defend, and hold harmless the State of Nebraska from
all claims, demands, actions, damages, and liability, including reasonable
attorney's fees, that may arise as a result of the special event and the temporary
use of U. S. Highway 75 from Redick Avenue to Bondesson Street on October
11, 2013, between the hours of 1:00 p.m. and 2:45 p.m., for the entire ro ute of
the Omaha North High School’s event, the Omaha North High Homecoming
Parade – see attached.
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Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1267 – ADOPTED 7-0
25. Res. that, the payment in the amount of $20,728.00 to Hewlett Packard, c/o
Riverside Technologies, 748 North 109 Court, Omaha, Nebraska 68154, for the
purchase of 40 laptop computers for the Planning Department Inspectors, is
hereby approved. Funds shall be payable from the Technology and Training
Fund, Fund No. 21217, Organization No. 109041 – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1268 – ADOPTED 7-0
26. Res. that the attached extension to Maintenance and Support Agreement with
Motorola Solutions, Inc. to extend the maintenance on PremierCAD and
PremierMDC for an additional year from August 1, 2013 through July 31, 2014, for
the total amount of fifty-three thousand and one dollar ($53,001) which sum is to
be paid from the Omaha Fire Department’s 2013 budget; Fund 11111,
Organization 114515, Expense 42411; and, that the attached agreement between
the City of Omaha and Douglas County in which Douglas County agrees to
reimburse the City of Omaha fifty percent (50%) of the expenses incurred under
the maintenance agreement with Motorola Solutions, Inc. is hereby approved –
see attached.
Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1277 – ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
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RESOLUTIONS
27. Res. that, the attached Triple C Development Tax Increment Financing (TIF)
Redevelopment Project Plan for the redevelopment project site located at 2601
North 16th Street which proposes the construction of an 8,423 square foot one-
story structure for a new Family Dollar Store as well as related public
improvements; recommending the City’s participation through the allocation of
TIF in an amount up to $180,000.00 to offset the TIF eligible costs such as site
work, demolition, architectural and engineering fees, and the construction of
public improvements as required; 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 8/27/13 for publication and public hearing – had publication
– see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1173 – August 27 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Fran Blanchard, Triple C Development, Centre, AL
For the City: Bridget Hadley, Planning Department
Motion by Gray that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1173 – ADOPTED 7-0
28. Res. that, the attached Village East Senior Apts Tax Increment Financing (TIF)
Redevelopment Project Plan for the redevelopment project site located at 2011
North 25th Street which contemplates the construction of a new three-story, forty
(40) unit multi-family structure; recommending the City’s participation through the
allocation of TIF in an amount up to $163,992.00 to offset costs such as site
work, demolition, architectural and engineering fees, and any public
improvements; 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 8/27/13 for publication and public hearing – had publication – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1174 – August 27 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
For the City: Bridget Hadley, Planning Department
James Thele, Planning Department
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Motion by Gray that the Resolution be adopted
Seconded by Melton
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Res. # 1174 – ADOPTED 7-0
“PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NO. 29
SHALL BE LAID OVER THREE WEEKS
FOR PUBLICATION AND PUBLIC HEARING”
29. Res. that, the attached 1011 South 30th Avenue Tax Increment Financing (TIF)
Redevelopment Project Plan for the redevelopment project site located at 1011
South 30th Avenue which contemplates the complete rehabilitation of this vacant,
two-story multi-family structure into its original configuration of a 15 unit
apartment building within the Park Avenue and Leavenworth neighborhoods in
the Midtown area; recommending the City’s participation through the allocation of
TIF in an amount up to $145,000.00 to offset costs such as acquisition, site work,
demolition, rehabilitation and any public improvements, 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 –
see attached.
Notice of public hearing on October 8, 2013 published in the Daily Record
and the Omaha World Herald on September 19, 2013 and September 26,
2013.
CCID # 1259 – Over three weeks to October 8, 2013 for publication and public
hearing pursuant to City Council Rule VII F.
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“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS
ON AGENDA ITEM NOS. 30 THROUGH 37
SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON SECOND READING
30. Ord. to rezone property located at 3201 South 24th Street from R7-Medium-
Density Multiple-Family Residential District to CC-Community Commercial
District.
(See Doc. # 1236 – September 10 Meeting)
CCID # 1236 – ORDINANCE ON SECOND READING – Final reading to be held
on September 24, 2013 as per City Charter requirements.
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31. Ord. to rezone properties located Northwest of 57th Street and Northwest Radial
Highway from R4(35)-Single-Family Residential District (High Density) and GC-
General Commercial District to CC-Community Commercial District.
(See Doc. # 1237 – September 10 Meeting)
CCID # 1237 – ORDINANCE ON SECOND READING – Final reading to be held
on September 24, 2013 as per City Charter requirements.
32. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay
District, to incorporate into that district the properties located Northwest of 57th
Street and Northwest Radial Highway; and to provide for an effective date – see
attached.
(See Doc. # 1238 – September 10 Meeting)
CCID # 1238 – ORDINANCE ON SECOND READING – Final reading to be held
on September 24, 2013 as per City Charter requirements.
33. Ord. to rezone the property located at 5718 Seward Street from R4(35)-Single-
Family Residential District (High Density) to R5-Urban Family Residential District.
(See Doc. # 1239 – September 10 Meeting)
CCID # 1239 – ORDINANCE ON SECOND READING – Final reading to be held
on September 24, 2013 as per City Charter requirements.
34. Ord. to rezone property located Southwest of 64th Avenue and West Center
Road from DR-Development Reserve District, R3-Single Family Residential
District (Medium-Density), MH-Mobile Home Residential District, CC-Community
Commercial District and GI-General Industrial District to MU-Mixed Use District
(portions of which property lie within the flood fringe and floodway).
(See Doc. # 1240 – September 10 Meeting)
CCID # 1240 – ORDINANCE ON SECOND READING – Final reading to be held
on September 24, 2013 as per City Charter requirements.
35. Ord. to approve a Mixed Use District Development Agreement for property
located Southwest of 64th Avenue and West Center Road between the City of
Omaha and Board of Regents of the University of Nebraska, providing site
development standards; and to provide for an effective date – see attached.
(See Doc. # 1242 – September 10 Meeting)
CCID # 1242 – ORDINANCE ON SECOND READING – Final reading to be held
on September 24, 2013 as per City Charter requirements.
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36. Ord. to rezone the property located at 13624 Miami Street from R3 -Single-Family
Residential District (Medium-Density) to R4-Single-Family Residential District
(High- Density).
(See Doc. # 1243 – September 10 Meeting)
CCID # 1243 – ORDINANCE ON SECOND READING – Final reading to be held
on September 24, 2013 as per City Charter requirements.
37. Ord. to rezone property located at 4200 North 204th Street from AG-Agricultural
District and R5-Urban Family Residential District to R5-Urban Family Residential
District.
(See Doc. # 1244 – September 10 Meeting)
CCID # 1244 – ORDINANCE ON SECOND READING – Final reading to be held
on September 24, 2013 as per City Charter requirements.
* * * * * * * * * * * * *
ORDINANCES ON SECOND READING
38. Ord. declaring the necessity of the voluntary acquisition of certain properties
identified as 1315 Cole Creek Drive & 538 N 76th Street, for the purpose of the
Cole Creek Flood Mitigation Project, also known as City Project No. OPW 50008,
providing that the City negotiate with the property owners. The City will not use
condemnation to acquire the properties, and, providing for the effective date
hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 1245 – September 10 Meeting)
CCID # 1245 – Public hearing was held today – Final reading set for September
24, 2013 as per City Charter requirements.
39. Ord. (1) to approve an Agreement between the City of Omaha and Eastern
Nebraska Community Action Partnership (ENCAP) in the amount of one hundred
and ninety seven thousand one hundred and thirty three dollars ($197,133); and
(2) to authorize funding for such agreement from the City of Omaha’s 2012 Byrne
Criminal Justice Innovation Program Grant, award #2012-AJ-BX-0013, awarded
by the Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance; to provide funding for the Omaha RISE collaborative project to help
returning probationers re-entering the 68111 zip code; to authorize payment from
such grant funding and involving appropriations of more than one year in
conformity with Section 5.17 of the Home Rule Charter; and, providing for the
effective date hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 1253 – September 10 Meeting)
CCID # 1253 – Public hearing was held today – Final reading set for September
24, 2013 as per City Charter requirements.
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“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS
ON AGENDA ITEM NOS. 40 THROUGH 42
SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
40. Ord. to rezone property located Northwest of 156th Street and Butler Avenue
from DR-Development Reserve District and R6-Low-Density Multiple-Family
Residential District to DR-Development Reserve District.
CCID # 1269 – Publication to be made and public hearing and third reading to be
held on October 1, 2013 as per City Charter requirements.
41. Ord. to rezone property located Northwest of 156th Street and Butler Avenue
from DR-Development Reserve District and R6-Low-Density Multiple-Family
Residential District to R6-Low-Density Multiple-Family Residential District.
CCID # 1270 – Publication to be made and public hearing and third reading to be
held on October 1, 2013 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northwest of 156th Street and
Butler Avenue from DR and R6 to DR and R6 – see attached.
# 1270 – Over to 10/01/13
42. Ord. to approve a PUD-Planned Unit Development Overlay District in an R6-Low-
Density Multiple-Family Residential District located Northwest of 156th Street and
Butler Avenue, to approve the Development Plan, to rescind the previously
enacted PUD District and Development Plan, and to provide for an effective date
– see attached.
CCID # 1271 – Publication to be made and public hearing and third reading to be
held on October 1, 2013 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a PUD-Planned Unit Development Overlay District in an R6 District
and to repeal the existing PUD Overlay District and Development
Plan, located Northwest of 156th Street and Butler Avenue – see
attached.
# 1271 – Over to 10/01/13
* * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARING
ON AGENDA ITEM NO. 43
SHALL BE HELD ON THE SECOND READING”
ORDINANCE ON FIRST READING
43. Ord. approving a redevelopment and tax increment financing (TIF) loan
agreement between the City of Omaha and Integrated Realty Resources, LLC
n/k/a The Nottingham, LLC, a Nebraska limited liability company to implement
the Nottingham at Gifford Park Tax Increment Financing Redevelopment Project
Plan located at 3304 Burt Street; the owner will rehabilitate the historic
Nottingham Apartment building and parking area; the agreement authorizes the
use of up to $535,349.00 in excess ad valorem taxes (TIF) generated b y the
development to help fund the cost of the project; and providing for an effective
date – see attached.
CCID # 1273 – Publication to be made and public hearing to be held on
September 24, 2013 as per City Charter requirements.
* * * * * * * * * * * * *
EXECUTIVE SESSION
44. 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 Gernandt
ROLL CALL:
Yeas: Thompson, Gernandt, Gray, Jerram, Melton, Pahls, Mr. President
Motion Carried 7-0
ADJOURNED: 2:24 P.M.
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I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that
the foregoing is a true and correct copy of the proceedings of the Meeting of the City
Council of the City of Omaha held on September 17th, 2013.
WITNESS:
_______________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JEAN
STOTHERT ON THE 19TH DAY OF SEPTEMBER, 2013.