2011-09-27j31st REGULAR OMAHA CITY COUNCIL MEETING
SEPTEMBER 27, 2011
THE CITY COUNCIL met in Regular Session on Tuesday, September 27th, 2011 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 # 1135 – Present: Festersen, Gernandt, Gray, Jerram, Stothert,
Thompson, 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 23, 2011, notice re: Pre-Council and Regular City
Council Meetings, September 27, 2011.
CCID # 1136 – 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 SECOND READING RE: BONDS
5. Ord. authorizing and approving a lease -purchase agreement (the “Agreement”)
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 computer and forestry equipment, as more fully described therein
(collectively, the “Project”), a copy of which Agreement is attached hereto as
Exhibit A and incorporated herein by this reference; approving an Indenture of
Trust (the “Indenture”) between the Corporation and First National Bank of
Omaha, as trustee, (the “Trustee”) a copy of which Indenture is attached hereto
as Exhibit B and incorporated herein by this reference; approving the terms and
conditions of the Corporation’s lease revenue bonds in the aggregate principal
amount of approximately $6,000,000 (the “Bonds”), to be issued in one or more
separate series as set forth in the Indenture, and the issua nce and delivery
thereof; approving the form, content and distribution of the Preliminary Official
Statement (the “Preliminary Official Statement”), a copy of which Preliminary
Official Statement is attached hereto as Exhibit C 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 D and incorporated
herein by this reference; authorizing the preparation and use of a Bond Purchase
Agreement by and between the Corporation and D.A. Davidson & Co., as
Underwriter (the “Bond Purchase Agreement”), a copy of which Bond Purchase
Agreement is attached hereto as Exhibit E 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 all or portion of the Projec t to the Corporation, a
copy of which Bill of Sale is attached hereto as Exhibit F; 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 TODAY))
(See Doc. # 1133 – September 20 Meeting)
CCID # 1133 – Public hearing was held today – Final reading set for October 4,
2011 as per City Charter requirements.
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ZONING ORDINANCES ON FINAL READING and Planning Board Attachment
6. Ord. to rezone property located at 2903 North 76th Street from R8 -High Density
Multiple-Family Residential District to R8-High Density Multiple-Family
Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1106 –September 13 and September 20 Meetings)
Notice of public hearing on September 27, 2011 published in the Daily
Record on September 16, 2011. Ordinance passed on September 27, 2011
published in the Daily Record on October 5, 2011.
CCID # 1106 – Motion by Gray that the Ordinance be passed
Seconded by Stothert
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
ORDINANCE # 39123 PASSED 7-0
7. Ord. to rezone property located at 2909 North 76th Street from R8 -High Density
Multiple-Family Residential District and R2-Single-Family Residential District
(Low Density) to R2-Single-Family Residential District (Low Density). ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1107 –September 13 and September 20 Meetings)
Notice of public hearing on September 27, 2011 published in the Daily
Record on September 16, 2011. Ordinance passed on September 27, 2011
published in the Daily Record on October 5, 2011.
CCID # 1107 – Motion by Gray that the Ordinance be passed
Seconded by Stothert
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
ORDINANCE # 39124 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone properties located at 2903 and 2909 North 76th
Street from R8 and R2 to R8 and R2 – see attached.
(See Doc. # 1107 – September 13 Meeting)
# 1107 – From Chair on File
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RESOLUTIONS RE: PRELIMINARY PLATS
8. Res. that the preliminary plat entitled DILLON REAL ESTATE 1, located on the
Northeast corner of 33rd Street and Q Street, along with the attached condition, is
hereby accepted; and, the preparation of the final plat of this subdivision is
hereby authorized – Inside City – over from 9/13/11 for publication and public
hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN
BE ADOPTED TODAY))
(See Doc. # 1075 – September 13 Meeting)
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1075 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of DILLON REAL ESTATE 1, located on the
Northeast corner of 33rd Street and Q Street – Inside City – over
from 9/13/11 – see attached.
(See Doc. # 1075 – September 13 Meeting)
# 1075 – From Chair on File
9. Res. that the preliminary plat entitled CORNHUSKER INDUSTRIAL PARK
REPLAT 8, located Northeast of 84th and “J” Streets, along with the attached
conditions, is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized – Inside City – over from 9/13/11 for publication
and public hearing – had publication – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1076 – September 13 Meeting)
Motion by Gray that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1076 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of CORNHUSKER INDUSTRIAL PARK
REPLAT 8, located Northeast of 84th and “J” Streets – Inside City –
- over from 9/13/11 – see attached.
(See Doc. # 1076 – September 13 Meeting)
# 1076 – From Chair on File
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SPECIAL USE PERMIT – RESTAURANT (DRIVE IN OR FAST FOOD)
10. Res. that the Special Use Permit application submitted by Bear Properties for a
Special Use Permit to allow Restaurant (drive -in or fast food) in a CBD/ACI-1
(PL)-Central Business District with an Area of Civic Importance 1 overlay, located
at 1203 Mike Fahey 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 app licable 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
9/13/11 for publication and public hearing – had publication – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1077 – September 13 Meeting)
Mike Kelley, representing Bear Properties, 7134 Pacific Street, appeared and
spoke.
Res # 1077 – Resolution read
Motion by Gray that the Resolution be amended to remove condition “2” from
Exhibit “b” and renumber condition “3” to condition “2”
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Motion Carried 6-0-1 Pass
Motion by Thompson that the Resolution be ADOPTED AS AMENDED
Seconded by Gray
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Res # 1077 – ADOPTED AS AMENDED 6-0-1 Pass
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(a) Planning Board and Planning Department recommend approval of
the request of Bear Properties for a Special Use Permit to allow
Restaurant (drive-in or fast food) in a CBD/ACI-1 (PL) District
located at 1203 Mike Fahey Street – over from 9/13/11 – see
attached.
(See Doc. # 1077 – September 13 Meeting)
# 1077 – From Chair on File
(b) The Planning Department recommends that City Council remove
condition (2) as approved by the Planning Board to allow the
applicant to seek a partial waiver to 55-740f(4) – over from 9/13/11
– see attached.
(See Doc. # 1077 – September 13 Meeting)
# 1077 – From Chair on File
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD OCTOBER 11, 2011
AGENDA ITEM NOS. 11 THROUGH 13 SHALL BE
LAID OVER THREE WEEKS TO OCTOBER 18, 2011”
RESOLUTIONS RE: PRELIMINARY PLAT, PLAT AND SUBDIVISION AGREEMENT
11. Res. that the preliminary plat entitled TWO FIFTEEN PACIFIC PLACE, located
Southwest of 214th and Pacific Streets, along with the attached condition, is
hereby accepted; and, the preparation of the final plat of this subdivision is
hereby authorized – Outside City – see attached.
CCID # 1157 – Over three weeks to October 18, 2011 pursuant to City Council
Rule VII H.
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of TWO FIFTEEN PACIFIC PLACE, located
Southwest of 214th and Pacific Streets – Outside City – see
attached.
# 1157 – Over to 10/18/11
12. Res. that the plat entitled TWO FIFTEEN PACIFIC PLACE, located Southwest of
214th and Pacific Streets, is hereby approved and accepted – Outside City – see
attached.
CCID # 1156 – Over three weeks to October 18, 2011 pursuant to City Council
Rule VII H.
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(a) Planning Board and Planning Department recommend approval of
the Final Plat of TWO FIFTEEN PACIFIC P LACE, located
Southwest of 214th and Pacific Streets – Outside City – see
attached.
# 1156 – Over to 10/18/11
13. Res. that, the Subdivision Agreement between the City of Omaha and Michael P.
and Julie L. Arp, 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 Two Fifteen Pacific Place
and is located Southwest of 214th and Pacific Streets – see attached.
CCID # 1158 – Over three weeks to October 18, 2011 pursuant to City Council
Rule VII H.
* * * * * * * * * * * * * *
LIQUOR
14. CLASS “C” – AGCT, Inc., dba “The Cove Lounge & Grille”, 3525 North 147 th
Street, Suite 201. New application, Old location. UPG RADE. Present licensee
is TPTB Entertainment, Inc., dba “Party Cove”, 3525 North 147th Street, Suite
201, who has a Class “I” Liquor License. Property posted: 09 -14-11; Notification
sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Ron Kwiatkowski, Owner, The Cove Lounge and Grille, appeared and spoke.
Motion by Thompson that the Resolution to GRANT be adopted
Seconded by Gray
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1137 – ADOPTED 7-0
15. CLASS “C” – Adobado Mexican Grill Corporation, dba “Adobado Mexican Grill”,
3034 South 20th Street. New application, New location. Property posted: 09-09-
11; Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING
ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Eddie Arzola, Owner, Adobado Mexican Grill
For the City: Tom Mumgaard, Deputy City Attorney
Buster Brown, City Clerk
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Res # 1138 – Application read
Motion by Stothert that the Resolution to GRANT be adopted
Seconded by Gernandt
Substitute Motion by Gernandt that the application be amended from a Class “C”
to a Class “I” Liquor License
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Substitute Motion Carried 7-0
Motion by Stothert that the Resolution to GRANT be ADOPTED AS AMENDED
contingent upon the applicant and staff completing a certified alcohol training
program by February 10, 2012, a review by the City Council Law Committee in
six months and no outside music
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Mr. President
Nay: Thompson
Res # 1138 – ADOPTED AS AMENDED 6-1
(a) Communications opposing the application of Adobado Mexican Grill
Corporation, dba “Adobado Mexican Grill”, 3034 South 20th Street,
for a Class “C” Liquor License – see attached.
# 1138 – From Chair on File
16. CLASS “C” - Smirk Enterprises, LLC, dba “West Lanes Bowling Alley”, 151 North
72nd Street. New application, Old location. Present licensee is Bloomfield
Investments, Inc., dba “West Lanes”, 151 North 72 nd 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))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Michael S. Kennedy, Kennedy Law Firm, 11235 Davenport Street
Ray Kurtzuba, 151 ½ North 72nd Street
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1139 – ADOPTED 7-0
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17. CLASS “C” – TSL Blue Duck Hospitality, LLC, dba “T’s Tavern”, 7821 Military
Avenue. New application, Old location. Present licensee is 14/24, Inc., dba “T’s
Tavern”, 7821 Military Avenue, 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))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Susanne Buck, T’s Tavern, 7821 Military Avenue
Tim Lewis, T’s Tavern
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1140 – ADOPTED 7-0
18. CLASS “I” – City of Omaha, A Municipal Corporation, dba “Elmwood Golf
Course”, 6232 Pacific Street. New application, Old location. UPGRADE.
Presently holds an On Sale Beer License. Property posted: 09 -07-11;
Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
For the City: Terry Heskett, Parks, Recreation and Public Property Department,
6232 Pacific Street
Bob Baber, Golf Manager, Parks, Recreation and Public Property
Department, 13712 Shirley Circle
Motion by Jerram that the Resolution to GRANT be adopted subject to a waiver
pursuant to NRS53-177(3)
Seconded by Gernandt
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1141 – ADOPTED 7-0
(a) Communications opposing the application of the City of Omaha, a
Municipal Corporation, dba “Elmwood Gold Course”, 6232 Pacific
Street, for an Upgrade to Class “I” Liquor License – see attached.
# 1141 – From Chair on File
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19. PACKAGE – Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #3478”,
2609 South 132nd Street. New application, New location. Property posted: 09-
12-11; Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Buck Heim, Attorney for the applicant, 1650 Farnam Street, appeared and spoke.
Motion by Thompson that the Resolution to GRANT be adopted contingent upon
no single sales
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Tho mpson, Mr. President
Res # 1142 – ADOPTED 7-0
(a) Documents submitted re: Nebraska CVS Pharmacy, L.L.C., dba
“CVS/Pharmacy #3478”, 2609 South 132nd Street, for a Package
Liquor License – see attached.
# 1142 – From Chair on File
20. PACKAGE – Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #5714”,
4840 Dodge Street. New application, New location. Property posted: 09-12-11;
Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
THE FOLLOW ING PERSONS APPEARED AND SPOKE:
Proponents: Buck Heim, Attorney for the applicant, 1650 Farnam Street
Todd Drees, 1606 North 113th Court
Motion by Jerram that the Resolution to GRANT be adopted contingent upon no
single sales
Seconded by Gray
ROLL CALL:
Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Nay: Festersen
Res # 1143 – ADOPTED 6-1
(a) Communications opposing the application of Nebraska CVS
Pharmacy, L.L.C., dba “CVS/Pharmacy #5714”, 4840 Dodge
Street, for a Package Liquor License – see attached.
# 1143 – From Chair on File
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(b) Documents submitted re: Nebraska CVS Pharmacy, L.L.C., dba
“CVS/Pharmacy #5714”, 4840 Dodge Street, for a Package Liquor
License – see attached.
# 1143 – From Chair on File
21. PACKAGE – Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #6733”,
1919 North 90th Street. New application, New location. Property posted: 09-15-
11; Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING
ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Buck Heim, Attorney for the applicant, 1650 Farnam Street, appeared and spoke.
Motion by Festersen that the Resolution to GRANT be adopted contingent upon
no single sales and if the church located within 150 feet does not obj ect at a
hearing before the Nebraska Liquor Control Commission pursuant to NRS53 -
177(2)
Seconded by Gray
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1144 – ADOPTED 7-0
(a) Communication from Buck Heim, Attorney representing Nebraska
CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #6733”, 1919 North
90th Street, for a Package Liquor License re: School status – see
attached.
# 1144 – From Chair on File
(b) Documents submitted re: Nebraska CVS Pharmacy, L.L.C., dba
“CVS/Pharmacy #6733”, 1919 North 90th Street, for a Package
Liquor License – see attached.
# 1144 – From Chair on File
(c) Communications opposing the application of Nebraska CVS
Pharmacy, L.L.C., dba “CVS/Pharmacy #6733”, 1919 North 90th
Street, for a Package Liquor License – see attached.
# 1144 – From Chair on File
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22. PACKAGE – TFL, Inc., dba “Tobacco & Phones 4 Less”, 3223 North 108th Street.
New application, New location. Property posted: 09-12-11; Notification sent: 09-
16-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION
BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO
GRANT OR DENY))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Jamin Samiev, 8006 South 57th Street, Bellevue, NE
Farrukh Rakhimov, Operations Manager, Tobacco & Phones 4
Less, 202 South 73rd Street
For the City: Tom Mumgaard, Deputy City Attorney
Motion by Gernandt that the Resolution to GRANT be adopted
Seconded by Gray
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1145 – ADOPTED 7-0
23. Addy’s Sports Grill, Inc., dba “Addy’s Sports Grill & Bar”, 13806 “P” Street,
request permission for a CHANGE OF LOCATION of their present Class “C”
Liquor License to 14110 “S” Street, Suites 1-3. Property posted: 09-13-11;
Notification sent: 09-16-11 – see attached. ((PUBLIC HEARING TODAY –
MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Tim Addison, Addy’s Sports Bar
Megan Addison, Addy’s Sports Bar
CCID # 1146 – Motion by Gray that the request be approved if the church located
within 150 feet does not object at a hearing before the Nebraska Liquor Control
Commission pursuant to NRS53-177(2)
Seconded by Stothert
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Motion Carried 7-0
24. American Legion Post 374, 14326-46 “U” Street, request permission for a
CHANGE OF LOCATION of their present Class “C” Liquor License to 13913 -15
“S” Plaza. Property posted: 09-14-11; Notification sent: 09-16-11 – see
attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR
NOT TO APPROVE))
Grant Forsberg, Attorney for the applicant, 444 Regency Parkway Drive, # 203,
appeared and spoke.
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CCID # 1147 – Motion by Gernandt that the request be approved if the church
located within 150 feet does not object at a hearing before the Nebraska Liquor
Control Commission pursuant to NRS53-177(2)
Seconded by Gray
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, 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. 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 provided by the City Council Rules of Order.)
(The public hearings on Agenda Item Nos. 25 through 29 were held on September 20,
2011.)
CONSENT AGENDA – ORDINANCES
25. Ord. declaring the necessity of appropriating for the use of the City of Omaha the
necessary land for development of a multi-use trail from the Keystone Trail at
Karen Park, to South 45th and Dayton Streets, to provide for the purchase of
such tracts from Union Pacific Railroad in the amount of $270,300; funds for said
acquisition to be paid from the 2006 Parks & Recreation Fund No. 13354 and
Organization No. 117315, 2010 Issue Parks & Cultures Bond, the Papio -Missouri
River Natural Resources District and a grant from the Peter Kiewit Foundation,
and to provide for the effective date hereof – see attached.
(See Doc. # 1108 – September 13 and September 20 Meetings)
Notice of public hearing on September 20, 2011 published in the Daily
Record on September 16, 2011. Ordinance passed on September 27, 2011
published in the Daily Record on October 5, 2011.
CCID # 1108 – Motion by Gray that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
ORDINANCE # 39125 PASSED 7-0
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AGENDA ITEM NO. 26 REMOVED FROM THE CONSENT AGENDA AT THE
REQUEST OF COUNCILMEMBER THOMPSON
26. Ord. to approve and execute a contract involving the payment 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, with Silverstone
Group, Inc. for group benefit consulting services for a period commencing on
approval by the City Council and ending on December 31, 2011, with an option
for two one year extensions beginning respectively on January 1, 2012 and
January 1, 2013; to authorize the Mayor to execute and the City Clerk to attest
to such contract; to authorize payment in accordance with the terms and
conditions contained therein in the monthly amounts of $12,100 for 2011, and if
the extension options are exercised, in the amounts of $12,667 for 2012 and
$13,333 for 2013 from General Fund 11111, Organizations 10511-105015 for
services related to Human Resource functions such as open enrollment,
compliance and communication assistance; from General Fund 11111,
Organizations 118018(Active), 118014(Retiree), 118015 (COBRA), Account
41331 for services related to health care; and from General Fund 11111,
Organization 11817, Account 42135, for services related to workers’
compensation and related fields; and to provide an effective date – see attached.
(See Doc. # 1111 – September 13 and September 20 Meetings)
Notice of public hearing on September 20, 2011 published in the Daily
Record on September 16, 2011. Ordinance passed on September 27, 2011
published in the Daily Record on October 5, 2011.
CCID # 1111 – Motion by Gray that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Mr. President
Nay: Thompson
ORDINANCE # 39129 PASSED 6-1
27. Ord. to approve and authorize a contract between the City of Omaha, a municipal
corporation, and Industrial/Organization Solutions, Inc. (d.b.a. I/O Solutions, Inc.),
for services involving the payment of money from appropriations in more than
one year in accordance with sections 5.16 and 5.17 of the Omaha Home Rule
Charter of the City of Omaha, 1956, as amended; to provide for payment to
Industrial/Organization Solutions, Inc. for completing Police and Fire Department
entry level and promotional testing for a term of three (3) years with the option of
two (2) one-year extensions at various prices provided in response to a request
for proposals to be paid from the Human Resources Fund, 11111, Organization
105013; and to provide for an effective date hereof – see attached.
(See Doc. # 1112 – September 13 and September 20 Meetings)
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Notice of public hearing on September 20, 2011 published in the Daily
Record on September 16, 2011. Ordinance passed on September 27 , 2011
published in the Daily Record on October 5, 2011.
CCID # 1112 – Motion by Gray that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
ORDINANCE # 39126 PASSED 7-0
28. Ord. to accept the bid of Marsden Building Maintenance in the annual amount of
$255,722.00, involving appropriations of more than one year as provided in 5.17
of the Home Rule Charter, to provide janitorial services at the Omaha Police
Department Headquarters facility and satellite precinct stations and facilities for
the period beginning approximately October 1, 2011 to September 30, 2014, with
two additional one-year options held by the City; to authorize the Finance
Department to make payments from a specified account to Marsden Building
Maintenance for the cost of janitorial services in accordance with the
specifications; and to provide an effective date – see attached.
(See Doc. # 1109 – September 13 and September 20 Meetings)
Notice of public hearing on September 20, 2011 published in the Daily
Record on September 16, 2011. Ordinance passed on September 27, 2011
published in the Daily Record on October 5, 2011.
CCID # 1109 – Motion by Gray that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
ORDINANCE # 39127 PASSED 7-0
29. Ord. to accept the bid from Signal 88 Security Group, LLC for security service at
ten Omaha Public Library facilities, in accordance with the lowest bid submitted
meeting specifications, for a period of two years, commencing approximately
November 1, 2011; to authorize annual payments of approximately $199,875.00;
and to provide an effective date – see attached.
(See Doc. # 1110 – September 13 and September 20 Meetings)
Notice of public hearing on September 20, 2011 published in the Daily
Record on September 16, 2011. Ordinance passed on September 27, 2011
published in the Daily Record on October 5, 2011.
CCID # 1110 – Motion by Gray that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
ORDINANCE # 39128 PASSED 7-0
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(a) Documentation submitted by the City Clerk re: issues raised by
Armored Knights, Inc. on the rejection of their bid on “City of
Omaha Security Guards – Libraries” – over from 9/20/11 – see
attached.
(See Doc. # 1110 – September 20 Meeting)
# 1110 – From Chair on File
((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
(The public hearings on Agenda Item Nos. 30 through 39 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
30. Res. that, as recommended by the Mayor, the Amendment to the Engineering
Agreement with Alfred Benesch & Company to provide additional professional
services for residential street resurfacing and rehabilitation and Americans with
Disabilities Act (ADA) compliance projects in the City of Omaha, is hereby
approved; and that the Finance Department is authorized to pay the additional
fee of $156,000 for these engineering services from the 2006 Transportation
Bond Fund 13182, 2011 Issue Transportation Bond Organization 117116 – see
attached.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1166 – ADOPTED 7-0
31. Res. that, as recommended by the Mayor, the Agreement for Professional
Services between the City of Omaha, Public Works Department and the Omaha -
Council Bluffs Metropolitan Area Planning Agency to provide traffic counts and
other information for the fiscal year 2012 be accepted and signed – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. Presi dent
Res # 1167 – ADOPTED 7-0
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32. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Deeter Foundry for the purchase of manhole rings and
covers to be utilized by the Sewer Maintenance Division in the amount of
$62,900.00; and, that the Finance Department is authorized to pay this cost from
the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year
2011 expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1168 – ADOPTED 7-0
33. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Badger Body & Truck Equipment, Inc. for the
purchase of five stainless steel hopper spreaders, dump boxes, and interchange
systems to be utilized by the Street Maintenance Division in the amount of
$322,995.00; 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 2011 expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1148 – ADOPTED 7-0
34. 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 44,000 gallons of agricultural based de-icing material to be applied
on City streets for the 2011-2012 winter season in the amount of $52,800.00;
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 2011 expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1149 – ADOPTED 7-0
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35. Res. that the City of Omaha hereby approves and adopts the Papio-Missouri
River Natural Resources District Multi-Hazard Mitigation Plan in its entirety, in the
form as proposed and presented to this meeting and reflected in the permanent
files of the District, hereby resolves to exe cute the plan as proposed and hereby
requests approval of the plan by the Federal Emergency Management Agency –
see attached.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1150 – ADOPTED 7-0
AGENDA ITEM NO. 36 REMOVED FROM THE CONSENT AGENDA AT THE
REQUEST OF COUNCILMEMBER JERRAM
36. Res. that, as recommended by the Mayor, the bid in the total amount of
$30,935.00 (includes Alternate #1 in the amount of $5,055.00 for additional
fencing to create two separate “all dog areas ”) from Elkhorn Fence Company, to
furnish labor, materials, and all incidentals necessary to complete the fencing
installation at the Hanscom Park Dog Park, 3201 Woolworth Avenue, including
but not limited to the installation of 4 foot and 6 foot black poly coated chain link
fencing, concrete pavement, and other incidentals necessary to complete the
work, being the lowest and best bid received, is hereby accepted and the
Purchasing Agent is authorized to issue a purchase order in conformance
herewith. Funds in this amount shall be paid from the 2010 Parks & Recreation
Bond Fund No. 13355 and Organization No. 117316, 2011 Issue Parks &
Cultures Bond – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1151 – ADOPTED 7-0
37. Res. that, as a unique and noncompetitive service, approval is hereby given to
pay the attached invoice which extends a maintenance service agreement with
Zoll Corporation in the amount of $24,715 as the only qualified company to
support the Zoll RescueNet FireRMS computer software; and the Purchasing
Agent is directed to make payments for the one-year extension of the
maintenance service agreement for the 2011 Omaha Fire Department budget,
Fund No. 11111, Organization 114515, Account No. 42411 – see attached.
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Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1152 – ADOPTED 7-0
38. Res. that the reappointment by the Mayor of Leo R. Costanzo as the residential
union member of the Air Conditioning/Air Distribution Board to serve a three -year
term commencing November 8, 2011, and expiring three years thereafter, be and
hereby is confirmed and approved – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1153 – ADOPTED 7-0
39. Res. that the reappointment by Mayor Jim Suttle of Patricia J. Miltner as an at-
large representative of the Public Art Commission, to serve a three -year term
commencing October 26, 2011, and expiring three years thereafter, be and
hereby is confirmed and approved – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Res # 1154 – ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
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ORDINANCES ON SECOND READING
40. Ord. to approve the acceptance of and authorize the disbursement from the FY
2010 State Homeland Security Program (SHSP) grant award, number #2010 -SS-
T0-0013, and budget in the amount of fifty-thousand dollars ($50,000.00) from
the Nebraska Emergency Management Agency (NEMA), during the project
period of October 1, 2010 to July 31, 2013, to fund Tri -County UASI strategic
projects that will provide first responders in Douglas and Sarpy counties with
enhanced capabilities for responding to the potential threa ts of hazardous
material incidents; 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. # 1126 – September 20 Meeting)
CCID # 1126 – Public hearing was held today – Final reading set for October 4,
2011 as per City Charter requirements.
41. Ord. to establish, pursuant to Section 40-251 of the Omaha Municipal Code, a
new Class “B” Flammable Liquids Storage District to be known as District No. B -
174 at 2600 Dodge Street as requested by Steven A. Scanlon for Physicians
Mutual Insurance Company; and to provide the effective date hereof – see
attached. ((PUBLIC HEARING TODAY))
(See Doc. # 1127 – September 20 Meeting)
Jason Hannon, representing Physicians Mutual Insurance Company, Interstate
Power Systems, 10143 South 136th Street, appeared and spoke.
CCID # 1127 – Public hearing was held today – Final reading set for October 4,
2011 as per City Charter requirements.
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD OCTOBER 11, 2011
THE THIRD READING AND PUBLIC HEARING ON AGENDA
ITEM NO. 42 SHALL BE HELD ON OCTOBER 18, 2011”
ZONING ORDINANCE ON FIRST READING and Planning Board Attachment
42. Ord. to rezone property located Southwest of 214th and Pacific Streets from AG -
Agricultural District to R2-Single-Family Residential District (Low Density).
CCID # 1155 – Publication to be made and public hearing and third reading to be
held on October 18, 2011 pursuant to City Council Rule VII H.
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(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 214th and Pacific
Streets from AG to R2 – see attached.
# 1155 – Over to 10/18/11
* * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 43
THROUGH 47 SHALL BE HELD ON THE SECOND READING”
ORDINANCES ON FIRST READING
43. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described property located at 4220 Erskine Street, for
subsequent use as a site for implementing the Consolidated Submission for
Community Planning and Development Programs FY 2011 Action Plan; provided
that 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 Faye Cole, 4211 Erskine
Street, Omaha, NE 68111, to acquire the property for the sum of Four Thousand
Five Hundred and 00/100 Dollars ($4,500.00) is approved; project costs will be
paid from FY 2011 HOME Match Funds, Fund 11111, Organization No. 109023;
and to provide the effective date hereof – see attached.
CCID # 1159 – Publication to be made and public hearing to be held on October
4, 2011 as per City Charter requirements.
44. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described property located at 2905 Jackson Street, for
subsequent use as a site for implementing the Consolidated Submission for
Community Planning and Development Programs FY 2011 Action Plan; provided
that 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 Banyan Tree, LLC, 209
South 19th Street, Suite 525, Omaha, NE 68102, to acquire the property for the
sum of Eighty Thousand and 00/100 Dollars ($80,000.00) is approved; project
costs will be paid from FY 2011 HOME Funds, Fund 12179, Organization
128039, Project 3525, Award 854; and to provide the effective date hereof – see
attached.
CCID # 1160 – Publication to be made and public hearing to be held on October
4, 2011 as per City Charter requirements.
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45. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described property located at 4517 North 37th Street, for
subsequent use as a site for implementing the Consolidated Submission for
Community Planning and Development Programs FY 2011 Action Plan; provided
that 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 Khaldon Shakta, 7400
West Flamingo #1098, Las Vegas, NV 89147, to acquire the property for the sum
of Three Thousand and 00/100 Dollars ($3,000.00) is approved; project costs will
be paid from FY 2011 HOME Match Funds, Fund 11111, Organization No.
109023; and to provide the effective date hereof – see attached.
CCID # 1161 – Publication to be made and public hearing to be held on October
4, 2011 as per City Charter requirements.
46. Ord. approving the acceptance of the City of Omaha/Douglas County Juvenile
Accountability Block Grant Phase 16 grant, with special conditions, Grant
Number 10-JA-604, from the State of Nebraska Commission on Law
Enforcement and Criminal Justice, in the amount of one hundred eighteen
thousand, eight hundred and eighty six dollars ($118,886.00), with a match of
thirteen thousand two hundred and ten dollars ($13,210) in the form of in -kind
contributions provided by the Douglas County Attorney’s Office, to pro vide
funding for criminal justice information sharing, juvenile risk and needs
assessment, restorative justice, and re-entry programs in Omaha, during the
project period extending from October 1, 2011 to September 30, 2012; 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.
CCID # 1162 – Publication to be made and public hearing to be held on October
4, 2011 as per City Charter requirements.
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47. Ord. approving the acceptance of the City of Omaha Labor -Management
Cooperation Grant, Number 11-NE/A-004, from the Federal Mediation
Conciliation Service, in the amount of $52,650 with a match of $11,850, provided
in the form of in-kind contributions, to provide funding for the Healthcare Task
Force to work toward establishing one healthcare benefit plan for City of Omaha
employees, during the project period extending from October 1, 2011 to March
31, 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.
CCID # 1163 – Publication to be made and public hearing to be held on October
4, 2011 as per City Charter requirements.
* * * * * * * * * * * * *
EXECUTIVE SESSION
48. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR SEPTEMBER 27, 2011
LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED SEPTEMBER 26, 2011 AT 1:00
P.M.
“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARING ON AGENDA ITEM NO. 49
SHALL BE HELD ON THE SECOND READING”
ADDITIONAL ORDINANCE ON FIRST READING
49. Ord. to approve an Administrative Services Agreement between the City of
Omaha and Coventry Health Care of Nebraska, Inc. for the provision of
administrative services for the City’s self-insured health program in accordance
with the lowest and best proposal submitted, for a period of three years
commencing on January 1, 2012 and ending on December 31, 2014, with an
option for two one-year extensions; to authorize the execution of such
Agreement; to authorize payments in accordance therewith; and to provide an
effective date – see attached.
CCID # 1169 – Publication to be made and public hearing to be held on October
4, 2011 as per City Charter requirements.
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Motion by Gernandt that the meeting be adjourned
Seconded by Festersen
ROLL CALL:
Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President
Motion Carried
ADJOURNED: 3:09 P.M.
I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that
the foregoing is a true and correct copy of the proceedings of the Meeting of the City
Council of the City of Omaha held on September 27th, 2011.
WITNESS:
_________________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM
SUTTLE ON THE 29th DAY OF SEPTEMBER, 2011.