2012-10-30j35th REGULAR OMAHA CITY COUNCIL MEETING
OCTOBER 30, 2012
THE CITY COUNCIL met in Regular Session on Tuesday, October 30, 2012 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 Thomas Mulligan.
ROLL CALL
1. City Clerk calls the roll.
CCID # 1441 – Present: Gray, Jerram, Stothert, Thompson, Festersen,
Gernandt, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Jean Stothert of District No. 5.
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 October 26, 2012, notice re: Pre-Council and Regular City Council
Meetings, October 30, 2012.
CCID # 1442 – 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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ORDINANCE ON FINAL READING RE: BONDS
5. Ord. authorizing and approving the establishment of a Master Lease Purchase
Program for police cruiser acquisitions; authorizing and approving separate
Lease Purchase agreements (collectively, the “Lease Agreements”) between the
City of Omaha Public Facilities Corporation (The “Corporation”) and the City of
Omaha, Nebraska (The “City”) to provide funds for the lease purchase of certain
equipment, improvements and additions to the respective projects as described
therein (collectively, The “Project”), copies of which lease agreements are
attached hereto as Exhibit A and incorporated herein by this reference;
authorizing and approving a Site Lease Agreement (The “Site Lease”) between
the Corporation and the City for the leasing of a project site by the City to th e
Corporation, a copy of which Site Lease is attached hereto as Exhibit B and
incorporated herein by this reference; authorizing and approving a Bill of Sale
(The “Bill of Sale”) by the City to the Corporation for the sale of certain project
equipment to the Corporation, a copy of which Bill of Sale is attached hereto as
Exhibit C; approving separate Indentures of Trust (collectively, The “Indentures”)
between the Corporation and First National Bank of Omaha, as Trustee, copies
of which indentures are attached hereto as Exhibit D and incorporated herein by
this reference; approving the terms and conditions of the Corporation’s Lease
Revenue Bonds, Series 2012A and Series 2012B (The “Bonds”) as set forth in
the indentures and the issuance and delivery thereof; approving the form, content
and distribution of the preliminary official statement , a copy of which preliminary
official statement is attached hereto as Exhibit E and incorporated herein by this
reference; authorizing and approving the form and content of a Letter Agreement
(The “Letter Agreement”) constituting an undertaking by the City to provide
ongoing disclosure about the City for the benefit of the holders of the bonds, a
copy of which Letter Agreement is attached hereto as Exhibit F a nd
incorporated herein by this reference; authorizing the preparation and use of
a Bond Purchase Agreement (The “Bond Purchase Agreement) by and between
the Corporation and D.A. Davidson Co., as Underwriter, a copy of which Bond
Purchase Agreement is attached hereto as Exhibit G and incorporated herein by
this reference; satisfying applicable federal income tax law requirements and
approving the effective date hereof; and delegating authority to the City’s Finance
Director to determine the final price, interest rates, principal amount and
redemption provisions for the bonds – see attached. ((PUBLIC HEARING HELD
10/23/12 – CAN BE PASSED TODAY))
(See Doc. # 1394 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1394 - Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39483 – PASSED 7-0
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ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
6. Ord. to rezone the property located at 1130 South 30th Avenue from R7 -Medium-
Density Multiple-Family Residential District to R4-Single-Family Residential
District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED
TODAY))
(See Doc. # 1368 – October 16 and October 23 Meetings)
Notice of public hearing on October 30, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
Michelle Roy, 1126 South 30th Avenue, appeared and spoke.
CCID # 1368 - Motion by Jerram that the Ordinance be passed
Seconded by Stothert
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39484 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone the property located at 1130 South 30th Avenue
from R7 to R4 – see attached.
(See Doc. # 1368 – October 16 Meeting)
# 1368 – From Chair on FIle
7. Ord. to rezone the property located at 2808 South 40th Street from R4(35)-Single-
Family Residential District (High Density) to R5-Urban Family Residential District.
((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1369 – October 16 and October 23 Meetings)
Notice of public hearing on October 30, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
Jim Cosgrove, 12107 Lisa Circle, appeared and spoke.
CCID # 1369 - Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39485 – PASSED 7-0
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(a) Planning Board and Planning Department recommend approval of
a request to rezone the property located at 2808 South 40th Street
from R4(35) to R5 – see attached.
(See Doc. # 1369 – October 16 Meeting)
# 1369 – From Chair on File
8. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay
District, to incorporate into that district the property located at 5500 L Street; and
to provide for an effective date – see attached. ((PUBLIC HEARING TODAY –
CAN BE PASSED TODAY))
(See Doc. # 1370 – October 16 and October 23 Meetings)
Notice of public hearing on October 30, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
Jim Lang, Attorney for the applicant, 11718 Nicholas Street, appear ed and
spoke.
CCID # 1370 - Motion by Stothert that the Ordinance be passed
Seconded by Thompson
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39486 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a MCC-Major Commercial Corridor Overlay District for the property
located at 5500 L Street – see attached.
(See Doc. # 1370 – October 16 Meeting)
# 1370 – From Chair on File
9. Ord. to amend the boundaries of the ACI-1 (PL) district of the Area of Civic
Importance Overlay District, to incorporate into that district the properties located
generally between I-480 and South 45th Street and between Leavenworth Street
and Harney Street; and to provide for an effective date – see attached.
((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1371 – October 16 and October 23 Meetings)
Notice of public hearing on October 30, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
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THE FOLLOWING PERSONS APPEARED AND SPOKE:
Protestants: Bill Stowell, 15280 Pepperwood Drive
Jim Cosgrove, 12107 Lisa Circle
Sandra W atson, 3410 Jackson Street
For the City: Jed Moulton, Planning Department
CCID # 1371 - Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39487 – PASSED 7-0
10. Ord. to amend the boundaries of the ACI-2 (PL) district of the Area of Civic
Importance Overlay District, to incorporate into that district the properties located
generally between Saddle Creek Road and South 45 th Street and between
Leavenworth Street and Douglas Street; and to provide for an effective date –
see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1372 – October 16 and October 23 Meetings)
Notice of public hearing on October 30, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Protestants: Bill Stowell, 15280 Pepperwood Drive
Jim Cosgrove, 12107 Lisa Circle
Sandra W atson, 3410 Jackson Street
For the City: Jed Moulton, Planning Department
CCID # 1372 - Motion by Jerram that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39488 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
an Area of Civic Importance Overlay District, (ACI-1(PL) and ACI-
2(PL)), generally located from I-480 to Saddle Creek Road and
from Douglas to Leavenworth Streets – see attached.
(See Doc. # 1372 – October 16 Meeting)
# 1372 – From Chair on File
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11. Ord. to rezone the property located at 11111 “M” Street from GI-General
Industrial District to CC-Community Commercial District. ((PUBLIC HEARING
TODAY – CAN BE PASSED TODAY))
(See Doc. # 1373 – October 16 and October 23 Meetings)
Notice of public hearing on October 30, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1373 - Motion by Gray that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen , Gernandt, Mr. President
ORDINANCE # 39489 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone the property located at 11111 “M” Street from
GI to CC – see attached.
(See Doc. # 1373 – October 16 Meeting)
# 1373 – From Chair on File
12. Ord. to approve a Major Amendment to a Mixed Use District Development
Agreement for Whispering Ridge, to allow automotive repair services, located
southeast of West Maple Road and HWS Cleveland Boulevard between the City
of Omaha and M.J.A., LLC, providing site development standards; and to provide
for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE
PASSED TODAY))
(See Doc. # 1375 – October 16 and October 23 Meetings)
Notice of public hearing on October 30, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Jason Thiellen, E & A Consulting Group, 330 North 117th Street
Jonathan Wakefield, Christian Brother’s Automotive, 15995 South
Barkers Landing, Houston, TX
CCID # 1375 - Motion by Gray that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39490 – 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 Whispering Ridge, to allow automotive repair
services, located southeast of West Maple Road and HWS
Cleveland Boulevard – see attached.
(See Doc. # 1375 – October 16 Meeting)
# 1375 – From Chair on File
ORDINANCE ON FINAL READING and Planning Board Attachment
13. Ord. to amend the South 10th Street Neighborhood Conservation and
Enhancement (NCE-C) Plan, for the properties located generally along South
10th Street from Pacific Street on the north, to I-80 on the south, and along Pierce
Street from 10th Street on the west, to 5th Street on the east; to approve an
amendment to the Urban Design Element of the Master Plan for the City of
Omaha to incorporate the amended South 10th Street Neighborhood
Conservation and Enhancement Plan into the Master Plan and to provide for an
effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED
TODAY))
(See Doc. # 1374 – October 16 and October 23 Meetings)
Notice of public hearing on October 30, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
Arnold Breslow, Old Market South Neighborhood Association, appeared and
spoke.
CCID # 1374 - Motion by Gray that the Ordinance be passed
Seconded by Jerram
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39491 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
an amendment to the South 10th Street Neighborhood Conservation
and Enhancement District (NCE-C) Plan, for the properties
generally located along South 10th Street from Pacific Street on the
north, to I-80 on the south, and along Pierce Street from 10th Street
on the west, to 5th Street on the east – see attached.
(See Doc. # 1374 – October 16 Meeting)
# 1374 – From Chair on File
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RESOLUTIONS RE: PRELIMINARY PLAT, PLATS AND SUBDIVISION
AGREEMENTS
14. Res. that the preliminary plat entitled BUCKY’S CROSSROADS PLAZA
ADDITION, located northeast of 78th and Dodge Streets, is hereby accepted;
and, the preparation of the final plat of this subdivision is hereby authorized –
Inside City – over from 10/16/12 for publication and public hearing – had
publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
(See Doc. # 1350 – October 16 Meeting)
Matthew Manning, Attorney for the applicant, 4973 Dodge Street, appeared and
spoke.
Motion by Stothert that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1350 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of BUCKY’S CROSSROADS PLAZA
ADDITION, a minor plat inside the city limits, located northeast of
78th and Dodge Streets – Inside City – over from 10/16/12 – see
attached.
(See Doc. # 1350 – October 16 Meeting)
# 1350 – From Chair on File
15. Res. that the plat entitled BUCKY’S CROSSROADS PLAZA ADDITION, located
northeast of 78th and Dodge Streets, is hereby approved and accepted – Inside
City – over from 10/16/12 for publication and public hearing – had publication –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1351 – October 16 Meeting)
Matthew Manning, Attorney for the applicant, 4973 Dodge Street, appeared and
spoke.
Motion by Stothert that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1351 – ADOPTED 7-0
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(a) Planning Board and Planning Department recommend approval of
the Final Plat of BUCKY’S CROSSROADS PLAZA ADDITION, a
minor plat inside the city limits, located northeast of 78 th and Dodge
Streets – Inside City – over from 10/16/12 – see attached.
(See Doc. # 1351 – October 16 Meeting)
# 1351 – From Chair on File
16. Res. that, the Subdivision Agreement between the City of Omaha and Buck’s
Inc., a Nebraska 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 Bucky’s
Crossroads Plaza Addition and is located Northeast of 78th and Dodge Streets –
over from 10/16/12 – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
(See Doc. # 1352 – October 16 Meeting)
Matthew Manning, Attorney for the applicant, 4973 D odge Street, appeared and
spoke.
Motion by Stothert that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1352 – ADOPTED 7-0
17. Res. that the plat entitled NORTHERN HILLS BUSINESS PARK, located
Northeast of 72nd Street and Bennington Road, is hereby approved and accepted
– Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
Mark Westergaard, E & A Consulting Group, 330 North 117 th Street, appeared
and spoke.
Motion by Thompson that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1449 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of NORTHERN HILLS BUSINESS PARK, located
Northeast of 72nd Street and Bennington Road – Outside City – see
attached.
# 1449 – From Chair on File
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18. Res. that, the Subdivision Agreement between the City of Omaha and Keith B.
Edquist, as recommended by the Mayor, providing for the Watershed
Management fees, and a future pro-rata contribution toward improvements to
72nd Street is hereby approved. The Subdivision is to be known as Northern Hills
Business Park (Lots 1-9), which will be located Northeast of 72nd Street and
Bennington Road – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
Mark Westergaard, E & A Consulting Group, 330 North 117 th Street, appeared
and spoke.
Motion by Thompson that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1450 – ADOPTED 7-0
SPECIAL USE PERMIT – GENERAL OFFICE
19. Res. that the Special Use Permit application submitted by Quadrelle Realty
Services, LLC for a Special Use Permit to allow General office in a GI -General
Industrial District, located at 12500 “I” Street, Omaha, Nebraska, is hereby
approved and the Permits and Inspection Division is directed to issue the
necessary permit therefor, provided the conditions set out in Exhibit "A" of the
above referenced application, conditions set out in Exhibit "B", and all applicable
local or state statutes, ordinances or regulations are complied with. That the
proposed Special Use Permit has been reviewed and evaluated pursuant to, and
meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal
Code – over from 10/16/12 for publication and public hearing – had publication –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1353 – October 16 Meeting)
Larry Jobeun, Attorney for the applicant, 11440 West Center Road, appeared
and spoke.
Motion by Gray that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1353 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Quadrelle Realty Services, LLC for a Special Use
Permit to allow General office in a GI District located at 12500 “I”
Street – over from 10/16/12 – see attached.
(See Doc. # 1353 – October 16 Meeting)
# 1353 – From Chair on File
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LIQUOR
20. CLASS “I” – Taita, LLC, dba “Taita Restaurant”, 6109 Maple Street. New
application, New location. Property posted: 10-03-12; Notification sent: 10-05-
12 – over from 10/16/12 and continue the public hearing – see attached.
((PUBLIC HEARING CONTINUED TO TODAY – YOU HAVE YOUR HEARING
ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
(See Doc. # 1347 – October 16 Meeting)
Motion by Festersen that the Resolution to DENY be adopted based on pending
legal issues with the applicant and should they be resolved at the State Liquor
Commission, the City could then drop its opposition to the application
Seconded by Thompson
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1347 – ADOPTED 7-0
(a) Communication opposing the application of Taita, LLC, dba “Taita
Restaurant”, 6109 Maple Street, for a Class “I” Liquor License –
see attached.
# 1347 – From Chair on File
(b) Legal opinion from Thomas O. Mumgaard, Deputy City Attorney, re:
Taita, LLC, dba “Taita Restaurant”, 6109 Maple Street, for a Class
“I” Liquor License – see attached.
# 1347 – From Chair on File
21. CLASS “C” – EvJa, LLC, dba “Burke’s Pub”, 6117 Maple Street. New
application, Old location. Present licensee is Omaha Bourne, Inc., dba “Burke’s
of Balleyshannon”, 6117 Maple Street, who has a Class “C” Liquor License – see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
Joe Carmichael, 9811 Calhoun Road, appeared and spoke.
Motion by Festersen that the Resolution to GRANT be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1443 – ADOPTED 7-0
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22. CLASS “C” – Harvest on 31, Inc., dba “Harvest Café”, 16909 Lakeside Hills
Plaza, Suite 118. New application, New location. Property posted: 10 -17-12;
Notification sent: 10-19-12 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Tom Sawyer, Owner, Harvest Café, 7882 South 216th Street, Gretna, NE,
appeared and spoke.
Motion by Thompson that the Resolution to GRANT be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1444 – ADOPTED 7-0
23. CLASS “C” – J’s on Jackson, LLC, dba “J’s on Jackson”, 1101 Jackson Street.
New application, Old location. Present licensee is Sarcam, Inc., dba “Passport
Restaurant”, 1101 Jackson Street, who has a Class “C” Liquor License – see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
Jay Siers, 2040 East 16th Street, Fremont, NE, appeared and spoke.
Motion by Jerram that the Resolution to GRANT be adopted
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1445 – ADOPTED 7-0
24. PACKAGE – ALDI, Inc., dba “ALDI #41”, 4525 Dahlman Avenue. New
application, New location. Property posted: 10-15-12; Notification sent: 10-19-
12 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Matt Davis, representing Aldi, 1005 Jendel Street, Nixa, MO, appeared and
spoke.
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1446 – ADOPTED 7-0
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25. PACKAGE – ALDI, Inc., dba “ALDI #43”, 4801 North 30th Street. New
application, New location. Property posted: 10 -16-12; Notification sent: 10-19-
12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
Matt Davis, representing Aldi, 1005 Jendel Street, Nixa, MO, appeared and
spoke.
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1447 – ADOPTED 7-0
COUNCILMEMBER JERRAM LEAVES THE LEGISLATIVE CHAMBERS
26. PACKAGE - Sergymart, LLC, dba “Corner Food Mart”, 2430 South 24th Street.
New application, Old location. Previously lic ensed to LNJ & B Enterprises, Inc.,
dba “Corner Food Mart”, 2430 South 24th Street, who held a Package 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))
Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke.
Application read
Motion by Gernandt that the Resolution to GRANT be ADOPTED AS AMENDED
Seconded by Stothert
ROLL CALL:
Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President
Absent: Jerram
Res # 1448 – ADOPTED AS AMENDED 6-0
(a) Communication re: Manager status for Sergymart, LLC, dba
“Corner Food Mart”, 2430 South 24th Street - see attached.
# 1448 – From Chair on File
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(b) Document to amend the pending application of Sergymart, LLC,
dba, “Corner Food Mart”, 2430 South 24th Street, for a Package
Liquor License to appoint Storme Renee Pacheco manager – see
attached.
# 1448 – Motion by Gernandt that the Amendment to be approved
Seconded by Stothert
ROLL CALL:
Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr.
President
Absent: Jerram
Motion Carried 6-0
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. 27 through 41 were held on October 23,
2012.)
COUNCILMEMBER JERRAM RE-ENTERS THE LEGISLATIVE CHAMBERS
CONSENT AGENDA – ORDINANCES
27. Ord. approving an Interlocal Agreement between the City of Omaha and the
Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA) involving the
payment of money from appropriations of more than one year in ac cordance with
Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the
terms and conditions under which Omaha and MAPA will participate in a project
to obtain regional digital map products; to authorize the Finance Department to
pay cost share to MAPA not to exceed $85,500.00 according to the disbursement
terms contained within the Agreement; and to provide an effective date hereof –
see attached.
(See Doc. # 1376 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1376 - Motion by Gernandt that the Ordinance be passed
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Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39492 – PASSED 7-0
28. Ord. authorizing the Purchasing Agent to issue a purchase order to Polydyne,
Inc. for the purchase of approximately 175,000 pounds of sludge dewatering
polymer to be utilized by the Papillion Creek Wastewater Treatment Plant in the
amount of $288,750.00, involving payment of money from appropriations of more
than one year in accordance with Section 5.17 of the Home Rule Charter of
1956, as amended, to authorize the reimbursements to be paid from a specific
account, and to provide an effective date hereof – see attached.
(See Doc. # 1377 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1377 Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39493 – PASSED 7-0
29. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described property located at 4212 Grant Street, and legally
described in the attached purchase agreement, for subsequent use as a site for
implementing the Consolidated Submission for Community Planning and
Development Programs FY 2012 Action Plan; provided th at as to each specified
parcel, proceedings in eminent 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 Agreement between the
City of Omaha and Yolanda Cole, 4211 Erskine Street, Omaha, NE 68111, to
acquire the property for the sum of Eighteen Thousand and 00/100 Dollars
($18,000.00) is approved; project costs will be paid from FY 2012 Community
Development Block Grant, Fund 12186, Organization No. 129161, Project No.
3526, Task 18.2, Award 855, Account 42269; and to provide the effective date
hereof – see attached.
(See Doc. # 1378 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1378 - Motion by Gernandt that the Ordinance be passed
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Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39494 – PASSED 7-0
30. Ord. to approve open orders, based upon lowest and best bid within
specifications, in amounts totaling $430,916.70 in the first year between the City
of Omaha and various vendors, for the purchase of medical supplies used by the
Omaha Fire Department, with the possibility of expending funds from more than
one budget year, in accordance with Section 5.17 of the Home Rule Charter of
the City of Omaha 1956, as amended; to provide for payment to Bound Tree
Medical, CSI Medical, Kentron Health Care Inc., Kreisers, Life-Assist, Midwest
Medical, Moore Medical, Vidacare, Westwood Pharmacy, and Zoll Medical for
open orders and price agreements; and to provide an effective date hereof – see
attached.
(See Doc. # 1379 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1379 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39495 – PASSED 7-0
31. Ord. to accept the bid of Heiman Fire Equipment to provide Firefighter Turnout
Gear for the Omaha Fire Department in accordance with Section 5.17 of the
Home Rule Charter of the City of Omaha 1956; the term of the agreement is for
one year at a cost of $1,541.99 per set with both parties having the option to
mutually agree to extend the agreement for an additional two 12 -month periods
at no increase in cost; and to provide an effective date hereof – see attached.
(See Doc. # 1380 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1380 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39496 – PASSED 7-0
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32. Ord. authorizing the Purchasing Agent to extend Purchase Order Number
1186215, as approved by City Council via Resolution #1118 adopted August 21,
2012, to Verizon Wireless, involving appropriations of more than one fiscal year
in conformity with Section 5.17 of the Home Rule Charter, for wireless service for
175 mobile data computers for the Omaha Police Department; and to provide for
payment in the amount of $6,998.25 per month beginning January 1, 2013,
having been appropriated beginning in Fiscal Year 2013, General Fund 11111,
Organization 113213 Information Technology, Account 42411 Maintenance
Contracts; and to provide for an effective date hereof – see attached.
(See Doc. # 1381 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1381 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39497 – PASSED 7-0
33. Ord. (1) to approve (a) an Agreement between the City of Omaha and Love’s
Jazz and Art Center in the amount of $50,000; (b) the Bemis Center for
Contemporary Arts in the amount of $50,000; and (2) to authorize funding for
such agreements from the City of Omaha Omaha Our Town grant, #12 -4292-
7154, awarded by the National Endowment for the Arts; to provide funding for
creative placemaking activities in Omaha; 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, to provide for the effective date
hereof – see attached.
(See Doc. # 1382 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1382 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39498 – PASSED 7-0
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34. Ord. (1) to approve (a) an agreement between the C ity of Omaha and the
Women’s Center for Advancement in the amount of $39,956; (b) an agreement
between the City of Omaha and Douglas County Board of Commissioners for the
Douglas County Attorney’s Office in the amount of $62,842; and (2) to authorize
funding for such agreements from the City of Omaha Douglas County
Community Response Team Grant, award #11-VW -0707, approved by City
Council on August 14, 2012, Ordinance No. 39419, Fund 12159, Organization
130777; to provide funding for a coordinated community response to domestic
violence in Omaha; 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, to provide for the effective date hereof – see attached.
(See Doc. # 1383 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1383 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39499 – PASSED 7-0
35. Ord. approving the acceptance of the Omaha Police Department FY2012
Metropolitan Drug Task Force Grant, with special conditions, Grant Number 12 -
DA-0307, from the State of Nebraska Commission on Law Enforcement and
Criminal Justice, in the amount of $175,000, with a match of $58,333 provided by
the Metro Drug Task Force, to provide funding to support the operations of the
Metro Drug Task Force during the project period extending from October 1, 2012
to September 30, 2013; involving appropriations of more than one year in
conformity with Section 5.17 of the Home Rule Charter; providing for payment
from a specific account; and, providing for the effective date hereof – see
attached.
(See Doc. # 1384 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1384 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39500 – PASSED 7-0
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36. Ord. approving the acceptance of the Omaha Police Department Project Night
Life Expansion Contract, Contract Number 402 -13-40, from the U.S Department
of Transportation, National Highway Traffic Safety Administration, State of
Nebraska and the Nebraska Office of Highway Safety, in the amount of
$122,045, with no match, provided by grant sub-recipients, to provide funding for
continued enhanced selective enforcement operations and to provide education
and awareness to teen drivers and their parents in Omaha, during the project
period extending from October 1, 2012 to September 30, 2013; involving
appropriations of more than one year in conformity with Section 5.17 of the Home
Rule Charter; providing for payment from a specific account; and, providing for
the effective date hereof – see attached.
(See Doc. # 1385 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1385 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39501 – PASSED 7-0
37. Ord. to approve the acceptance of and authorize disbursement from the FY2012
PSN Program, award #2012-GP-BX-0013, from the U.S. Department of Justice,
in the amount of one hundred fifty thousand dollars ($150,000), with an $8,000
sub-grantee match from the University of Nebraska at Omaha’s Juvenile Justice
Institute, during the project period extending from October 1, 2012 to September
30, 2014; to provide funding to reduce gun and gang violence in Omaha and
neighboring communities; involving appropriations of more than one year in
conformity with Section 5.17 of the Home Rule Charter; providing for payment
from a specific account; and, providing for the effective date hereof – see
attached.
(See Doc. # 1386 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1386 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39502 – PASSED 7-0
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38. Ord. to approve the acceptance of an award from the United States Department
of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2011
Edward Byrne Memorial Justice Assistant Grant Program, Award# 2011-DJ-BX-
2287 in partnership with Douglas County in the amount of five hundred nine
thousand four hundred and six dollars ($509,406) for Law Enforcement
Programs, Prevention and Education Programs, Corrections Programs and
Planning, Evaluation and Technology Improvement during the period of October
1, 2010 to September 30, 2014; to provide the Council an opportunity for review
and public comment for such application; to authorize the Mayor of the City of
Omaha to sign and the City Clerk of the City of Omaha to attest a Memorandum
of Understanding (MOU) between the City of Omaha and Douglas County; and
upon award of such grant to authorize payment from such grant funding and
involving appropriations of more than one year in conformity with S ection 5.17 of
the Home Rule Charter; and, to provide for the effective date hereof – see
attached.
(See Doc. # 1387 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1387 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39503 – PASSED 7-0
39. Ord. to approve the acceptance of and authorize disbursement from the FY2011
City of Omaha/Douglas County Juvenile Accountability Block Grant (JABG)
Phase 14, award #11-JA-0602, from the Nebraska Crime Commission, in the
amount of ninety two thousand six hundred thirty one dollars ($92,631), with a
$10,293 sub-grantee match provided by the Douglas County Youth Center,
during the project period extending from July 1, 2012 to June 30, 2013; to
provide funding for the coordination of criminal justice information sharing,
juvenile risk and needs assessment, as well as restorative justice and reentry
programs for juveniles throughout Douglas County; involving appropriations of
more than one year in conformity with Section 5.17 of the Home Rule Charter;
providing for payment from a specific account; and, providing for the effective
date hereof – see attached.
(See Doc. # 1388 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
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CCID # 1388 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39504 – PASSED 7-0
40. Ord. to amend Sec. 23-177 of the Omaha Municipal Code by changing the salary
for the employment classification known as City Treasurer from 26 AEC
($78,943-$96,343) to 23.1 MC ($70,269-$85,972); to repeal Sec. 23-177 as
heretofore existing; and to provide the effective date hereof – see attached.
(See Doc. # 1389 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1389 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39505 – PASSED 7-0
41. Ord. to amend Chapter 49 of the Omaha Municipal Code, entitled “Plumbing”; to
amend sections 49-222 and 49-232 to modify qualification requirements for
applicants for licenses for master plumbers and journeyman plumbers; to repeal
Sections 49-222 and 49-232 as heretofore existing; and to provide the effective
date thereof – see attached.
(See Doc. # 1390 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1390 - Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39506 – 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. 42 through 47 are today. If you wish to
address the City Council regarding these items, please come to the mi crophone,
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
42. Res. that, as recommended by the Mayor, the contract with L. G. Roloff
Construction Co., Inc. for OPW 51777 (CSO), being Saddle Creek Area – 55th
Street to 64th Street Sewer Separation (Bohemian Cemetery) project in the
amount of $10,456,300.74 is hereby approved; and, that the Finance Department
is authorized to pay this cost from the Sewer Revenue Improvement Fund 21124,
CSO Control Implementation Organization 116918, year 2012 expenditures –
see attached.
Motion by Gray that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1451 – ADOPTED 7-0
43. Res. that, as recommended by the Mayor, the Professional Services Agreement
with Prochaska & Associates, for professional architectural and engineering
services as required for the Omaha Fire Station #78 renovations, located at 2909
N. 144th Street, is hereby approved; and that the Finance Department is
authorized to pay a fee not to exceed $48,740.00 for these professional services
from the Capital Improvements Fund 13112, Fire Capital Organization 114512 –
see attached.
Motion by Gray that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1452 – ADOPTED 7-0
44. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Ready Mixed Concrete for ready mixed concrete to be
used by all Districts; and, that the Finance Department is authorized to pay the
cost of ready mixed concrete purchased under this Price Agreement from the
Street and Highway Allocation Fund 12131, Pavement Maintenance Organization
116158, year 2012 expenditures. Other Divisio ns and Departments utilizing this
bid will pay for such usage from their respective cost centers – see attached.
- 23 -
Motion by Gray that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1453 – ADOPTED 7-0
45. Res. that, bids from Action Contracting, Blade Masters, Charlie’s Excavating,
Cockerill Enterprises, Inc., Commercial Ice Control, Gruhn Trucking, Inc., Josh
Tedder Construction, Inc., Leeway Trucking, McArdle Grading, Co., Nebraska’s
Best, Pink Grading, Inc., and Torco Enterprises, Inc. for snow hauling equipment
rentals for the 2012-2013 winter season as detailed in the bid tabulation, be
accepted; and, that the Public Works Department be authorized to negotiate with
additional contractors for equipment at the same rate or less and enter into a
contract not to exceed the highest bid accepted. The Finance Department is
authorized to pay the cost of snow hauling equipment rentals from the Street and
Highway Allocation Fund 12131, Snow and Ice Control Organization 116154,
year 2012 expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1454 – ADOPTED 7-0
46. Res. that the speed limits be changed and/or established as follows: “Q” Street
from 156th Street to 16200 West – 45; 156th Street from Summerwood Drive to
Holmes Street – 40; and 156th Street from 2900 North to West Maple Road – 40
– see attached.
Motion by Gray that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1455 – ADOPTED 7-0
47. Res. that the application of Jeffrey T. Lampe for a lease of City property adjacent
to 4501 Center Street, Omaha, Nebraska for purposes of an o utdoor eating or
drinking area and fence and covered entrance, as described on the application,
be and hereby is approved, provided the conditions set out in Exhibit “A” are
complied with, and contingent upon continued compliance with all requirements
made and provided by law; and the Finance Department is directed to issue a
billing statement and a lease form to the applicant for execution and return – see
attached.
- 24 -
Motion by Gray that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Res # 1456 – ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NOS. 48 THROUGH 51 SHALL BE LAID
OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING”
RESOLUTIONS
48. Res. that, the attached The Gavilon Group, LLC Tax Increment Financing (TIF)
Redevelopment Project Plan for the redevelopment project site located at 1334
Dodge Street which represents the relocation of the corporate headquarters of a
local, downtown firm, which entails the new construction of an architecturally
significant, 131,225 gross square foot office building, complete with 205
structured parking stalls, recommending the City’s participation through the
allocation of Tax Increment Financing in an amount up to $3,942,000.00 to offset
costs of acquisition, rehabilitation costs, site work, architectural and engineering,
surveys and environmental and any public improvements, which also includes
$20,000.00 of the TIF allocation toward the Downtown Public Improvement fund,
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 November 20, 2012 published in the Daily
Record on November 2, 2012.
CCID # 1457 – Over three weeks to November 20, 2012 for publication and
public hearing pursuant to City Council Rule VII F.
- 25 -
49. Res. that, the attached the Slate Tax Increment Financing (TIF) Redevelopment
Project Plan for the redevelopment project site located at 1815 Capitol Avenue &
1818 Dodge Street which contemplates the adaptive reuse and retrofitting of the
7-story Capitol Plaza Building (1815 Capitol Avenue) and the 1-story, “circular”
shaped building, directly adjacent to the south (1818 Dodge Street) into a mix of
116 market-rate apartment units – one and two bedrooms, and a commercial
space, recommending the City’s participation through the allocation of Ta x
Increment Financing in an amount up to $2,250,000.00 to offset costs of
acquisition, rehabilitation costs, site work, architectural and engineering, surveys
and environmental and any public improvements, which also includes $20,000.00
of the TIF allocation toward the Downtown Public Improvement Fund, 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 November 20, 2012 published in the Daily
Record on November 2, 2012.
CCID # 1458 – Over three weeks to November 20, 2012 for publication and
public hearing pursuant to City Council Rule VII F.
50. Res. that, the attached The 2401 Farnam, LLC Tax Increment Financing (TIF)
Redevelopment Project Plan for the redevelopment project site located at 2401
and 2405 Farnam Streets which represents the adaptive reuse of the office and
commercial space as mix of 7 one-bedroom and 5 two-bedroom market-rate
apartments, secured parking in the vacant lot directly to the west of the building
specifically for the residential tenants, the storefront on 24th and Farnam will
remain commercial space and the basement will become renovated commercial
space, recommending the City’s participation through the allocation of Tax
Increment Financing in an amount up to $288,000.00 to offset costs of
acquisition, rehabilitation costs, site work, architectural and engineering, surveys
and environmental and any public improvements, which also includes $20,000.00
of the TIF allocation toward the Downtown Public Improvement Fund, 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 November 20, 2012 published in the Daily
Record on November 2, 2012.
CCID # 1459 – Over three weeks to November 20, 2012 for publication and
public hearing pursuant to City Council Rule VII F.
- 26 -
51. Res. that, the attached the Marriott Residence Inn at Aksarben Village Tax
Increment Financing (TIF) Redevelopment Project Plan for the redevelopment
project site located at 67th & Shirley Street which is a continuation of the infill
development within the Aksarben Village Redevelopment Area and contemplates
the new construction of a 4-story, 120+ room Marriott Residence Inn hotel,
recommending the City’s participation through the allocation of Tax Increment
Financing in an amount up to $1,320,000.00 to offset costs of acquisition, site
work, architectural, surveying, environmental and engineering, with $690,000.00
of the TIF allocation being used for public improvements within the general
Aksarben Village Area, but is subject to change as f inal 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 November 20, 2012 published in the Daily
Record on November 2, 2012.
CCID # 1460 – Over three weeks to November 20, 2012 for publication and
public hearing pursuant to City Council Rule VII F.
* * * * * * * * * * * *
ORDINANCES ON FINAL READING
52. Ord. to amend Omaha Municipal Code Sec. 30-81; to exclude from the definition
of “salvage dealer,” a person who operates premises used to recycle concrete or
reinforced concrete; to repeal Sec. 30-81 as heretofore existing; and to provide
the effective date thereof – see attached. ((PUBLIC HEARING HELD 10/23/12 –
CAN BE PASSED TODAY))
(See Doc. # 1279 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
Chad Weaver, Planning Department, appeared and spoke.
CCID # 1279 - Motion by Gray that the Ordinance be passed
Seconded by Stothert
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39507 – PASSED 7-0
(a) Document submitted by Steven Grasz, Attorney representing
Conreco, Inc., re: the Ordinance to amend Omaha Municipal Code
Sec. 30-81 – over from 10/23/12 – see attached.
(See Doc. # 1279 – October 23 Meeting)
# 1279 – From Chair on File
- 27 -
53. Ord. to amend Sections 31-145 and 31-147 of the Omaha Municipal Code,
dealing with sewer use fees; to provide for sewer service charges for the period
January 1, 2010 through December 31, 2014, subject to future amendment as
may be needed; and to repeal Sections 31 -145 and 31-147 of the Omaha
Municipal Code as heretofore existing; and to provide for the effective date
hereof – see attached. ((PUBLIC HEARING HELD 10/23/12 – CAN BE PASSED
TODAY))
(See Doc. # 1391 – October 16 and October 23 Meetings)
Notice of public hearing on October 23, 2012 published in the Daily Record
on October 19, 2012. Ordinance passed October 30, 2012 published in the
Daily Record on November 7, 2012.
CCID # 1391 – Ordinance read
Motion by Thompson that the Ordinance be PASSED AS AMENDED
Seconded by Gray
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
ORDINANCE # 39508 – PASSED AS AMENDED 7-0
(a) Amendment requested by Councilmember Stothert – over from
10/23/12 – see attached.
(See Doc. # 1391 – October 23 Meeting)
# 1391 – Motion by Gernandt that the Amendment be approved
Seconded by Stothert
ROLL CALL:
Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr.
President
Motion Carried 7-0
ORDINANCES ON SECOND READING
54. Ord. to approve and authorize payment from the City of Omaha to HP Financial
Services, as assignee of payments, of money from appropriations of more than
one year in accordance with Section 5.17 of the Home Rule Charter of the City of
Omaha, 1956, as amended; to provide for payment from a certain account to HP
Financial Services, as assignee of payments, for a lease agreement as bid by
Riverside Technologies, Inc, extended over a three-year period in the amount of
$29,066.85 commencing upon the passage of this ordinance for 43 desktop
computers, 65 computer monitors, and 43 wireless keyboard/mouse combo’s for
the Omaha Planning Department of the City of Omaha; and to provide an
effective date hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 1435 – October 23 Meeting)
CCID # 1435 – Public hearing was held today – Final reading set for November
6, 2012 as per City Charter requirements.
- 28 -
55. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and First OFB, LLC, a Delaware limited liability
company to implement Federal Office Building Tax Increment Financing (TIF)
Redevelopment Project Plan at the project site located at 106 South 15th Street;
the plan contemplates the adaptive re-use and conversion of the historic, former
Federal Office Building into a Residence Inn by Marriott; the agreement
authorizes the use of up to $2,418,718.00.00 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. # 1438 – October 23 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Bob Peters, representing the developer, 3552 Farnam Street
For the City: Bridget Hadley, Planning Department
CCID # 1438 – Public hearing was held today – Final reading set for November
6, 2012 as per City Charter requirements.
56. Ord. to approve a Parking Lease Agreement between the City of Omaha,
Nebraska, and First OFB, LLC, for the lease of eighty (80) parking stalls in
Omaha Park Seven and for extensions thereof – see attached. ((PUBLIC
HEARING TODAY))
(See Doc. # 1439 – October 23 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Bob Peters, representing the developer, 3552 Farnam Street
For the City: Bridget Hadley, Planning Department
CCID # 1439 – Public hearing was held today – Final reading set for November
6, 2012 as per City Charter requirements.
“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARING ON AGENDA ITEM NO. 57
SHALL BE HELD ON THE SECOND READING”
ORDINANCE ON FIRST READING
57. Ord. to amend section 25-26 of the Omaha Municipal Code pertaining to
registration of intrusion and fire alarms; to change the late registration fee to
establish a graduated schedule instead of imposing one uniform fee; to repeal
section 25-26 of the Omaha Municipal Code as heretofore existing; and to
provide for the effective date hereof – see attached.
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CCID # 1461 – Publication to be made and public h earing to be held on
November 6, 2012 as per City Charter requirements.
* * * * * * * * * * * *
EXECUTIVE SESSION
58. 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: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Motion Carried 7-0
ADJOURNED: 2:50 P.M.
I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do here by 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 October 30th, 2012.
WITNESS:
__________________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM
SUTTLE ON THE 31st DAY OF OCTOBER 2012.