2011-12-20j39th REGULAR OMAHA CITY COUNCIL MEETING
DECEMBER 20, 2011
THE CITY COUNCIL met in Regular Session on Tuesday, December 20, 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 # 1498 – Present: Jerram, Stothert, Thompson, Festersen, Gernandt,
Gray, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Garry Gernandt of District No. 4.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on December 16, 2011, notice re: Pre-Council and Regular City
Council Meetings, December 20, 2011.
CCID # 1499 – From Chair on File
A current copy of the Open Meeting Act is posted in a white binder on the east
wall of the Legislative Chambers.
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
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ZONING ORDINANCE ON FINAL READING, and Planning Board Attachment
5. Ord. to rezone the properties located at 2008, 2010, 2014, 2016 and 2020 North
25th Street; 2502, 2504, 2504 ½ , 2506, 2507 and 2508 Patrick Avenue; 2502,
2504, 2506 and 2508 Blondo Street 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. # 1458 –December 6 and December 13 Meetings)
Notice of public hearing held December 20, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1458 – Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39193 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone properties located at 2008, 2010, 2014, 2016
and 2020 North 25th Street; 2502, 2504, 2504 ½ , 2506, 2507 and
2508 Patrick Avenue; 2502, 2504, 2506 and 2508 Bl ondo Street
from R7 to R4 – see attached.
(See Doc. # 1458 – December 6 Meeting)
# 1458 – From Chair on File
ORDINANCES ON FINAL READING and Planning Board Attachments
6. Ord. vacating a 5,474 square foot portion of 78th Street right-of-way south of
West Center Road in the City of Omaha and providing the effective date hereof –
over from 12/6/11 - see attached. ((PUBLIC HEARINGS HELD 11/22/11 AND
12/6/11 – CAN BE PASSED TODAY))
(See Doc. # 1347 –November 8, November 22 and December 6 Meetings)
Notice of public hearing held November 22, 2011 published in the Daily
Record on November 11, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
Paul Kratz, City Attorney, appeared and spoke.
CCID # 1347 – Ordinance read
Motion by Gernandt that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Jerram, Stothert, Festersen, Gernandt, Gray, Mr. President
Nay: Thompson
ORDINANCE # 39194 – PASSED 6-1
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(a) Planning Board and Planning Department recommend approval of
the vacation of a 5,474 square foot portion of 78th Street right-of-
way south of West Center Road – Inside City – over from 12/6/11 –
see attached.
(See Doc. # 1347 – November 8, November 22 and December 6
Meetings)
# 1347 – From Chair on File
(b) Communication from Warren R. Whitted Jr., Attorney representing
the applicant, re: the ordinance vacating a 5,474 square foot
portion of 78th Street right-of-way south of West Center Road – over
from 12/6/11 – see attached.
(See Doc. # 1347 – November 22 and December 6 Meetings)
# 1347 – From Chair on File
(c) Amendment requested by Councilmember Thompson – see
attached.
# 1347 – Motion by Thompson that the Amendment be approved
Seconded by Festersen
ROLL CALL:
Yeas: Thompson, Festersen
Nays: Jerram, Stothert, Gernandt Gray, Mr.President
Motion LOST 2-5
7. Ord. to approve a Major Amendment to the Mixed Use District Development
Agreement for Elk Creek Pines to allow Automotive repair services, located at
3837 North 168th Street between the City of Omaha and Elk Creek Pines,
providing site development standards; and to provide for an effective date – see
attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 1459 –December 6 and December 13 Meetings)
Notice of public hearing held December 20, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1459 – Motion by Gray that the Ordinance be passed
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39195 – PASSED 7-0
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(a) Planning Board and Planning Department recommend approval of
a Major Amendment to the Mixed Use District Development
Agreement for Elk Creek Pines to allow Automotive repair services,
located at 3837 North 168th Street – see attached.
(See Doc. # 1459 – December 6 Meeting)
# 1459 – From Chair on File
8. Ord. to approve a Major Amendment to the Mixed Use District Development
Agreement for Ridgeview to allow for the development of an apartment complex,
located southwest of 185th Street and West Center Road between the City of
Omaha and Jason Lanoha, providing site development standards; and to provide
for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE
PASSED TODAY))
(See Doc. # 1460 –December 6 and December 13 Meetings)
Notice of public hearing held December 20, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
Jason Lanoha, Lanoha Real Estate Company, 19111 West Center Road,
appeared and spoke.
CCID # 1460 – Motion by Gernandt that the Ordinance be passed
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39196 – PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a Major Amendment to the Mixed Use District Development
Agreement for Ridgeview to allow for the development of an
apartment complex, located southwest of 185th Street and West
Center Road – see attached.
(See Doc. # 1460 – December 6 Meeting)
# 1460 – From Chair on File
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“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETINGS BEING HELD
DECEMBER 27, 2011 AND JANUARY 3, 2012
AGENDA ITEM NO. 9 SHALL BE LAID OVER THREE WEEKS
TO JANUARY 10, 2012 FOR PUBLICATION AND PUBLIC HEARING”
RESOLUTION RE: PRELIMINARY PLAT
9. Res. that the preliminary plat entitled KUM & GO AT 144 TH & Q, located
Southeast of 144th and “Q” Streets, is hereby accepted; and, the preparation of
the final plat of this subdivision is hereby authorized – Inside City – see attached.
Notice of public hearing on January 10, 2012 published in the Daily Record
on December 23, 2011.
CCID # 1505 – Over three weeks to January 10, 2012 for publication and public
hearing pursuant to City Council Rule VII H.
(a) Planning Board and Planning Department recommend approval of
the Preliminary Plat of KUM & GO AT 144TH & Q, located
Southeast of 144th and “Q” Streets – Inside City – see attached.
# 1505 – Over to 01/10/12
* * * * * * * * * * * * * *
LIQUOR
10. CLASS “C” – ACR Corporation, dba “The Beercade”, 6102 Maple Street, New
application, New location. Property posted: 12-07-11; Notification sent: 12-09-
11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT
YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT
OR DENY))
John Larkin, representing ACR Corporation, dba “The Beercade ”, 6102 Maple
Street, appeared and spoke.
Motion by Festersen that the Resolution to GRANT be adopted contingent upon
their compliance with the City of Omaha Planning Department and proper
permits obtained
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1500 – ADOPTED 7-0
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(a) Communication from Jay G. Davis, Chief Building Inspector,
Permits & Inspection Division, requesting a lay over until such time
as compliance is met with the Planning Department and permits are
obtained and final inspections completed re: ACR Corporation, dba
“The Beercade”, 6102 Maple Street for a Class “C” Liquor License
– see attached.
# 1500 – From Chair on File
11. CLASS “I” – Ultimate Dining, LLC, dba “Silk Road”, 681 North 132nd Street. New
application, New location. Property posted: 12-07-11; Notification sent: 12-09-
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: Jerry Nielson, Manager, Silk Road, 681 North 132nd Street
See Yeung, 415 North 118th Plaza, #4
Motion by Festersen that the Resolution to GRANT be adopted
Seconded by Gray
ROLL CALL:
Yeas: Festersen, Gray
Nays: Jerram, Stothert, Thompson, Gernandt, Mr. President
CCID # 1501 – Motion Lost 2-5
12. McBrun, LLC, dba “The Eclipse Tavern”, 1201 South 157th Street, requests
permission for an addition to their present Class “C” Liquor License location of a
sidewalk café approx. 20’ x 9’ to the north. Property posted: 11 -18-11;
Notification sent: 12-09-11 – see attached. ((PUBLIC HEARING TODAY –
MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Keith Price, representing Eclipse Tavern, 321 North 153rd Circle, appeared and
spoke.
CCID # 1502 – Motion by Gray that the request be approved with a waiver of the
beer garden fence requirement and contingent upon their compliance with the
City of Omaha Planning Department and proper permits obtained
Seconded by Gernandt
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Motion Carried 7-0
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(a) Communication from Karen Huebner, Owner of McBrun, LLC, dba
“The Eclipse Tavern”, 1201 South 157th Street, requesting a waiver
of the beer garden fencing requirement – see attached.
# 1502 – From Chair on File
(b) Communication from Jay G. Davis, Chief Building Inspector,
Permits & Inspection Division, requesting a lay over until such time
as compliance is met with the Planning Department and permits are
obtained and final inspections completed re: McBrun, LLC, dba
“Eclipse Tavern”, 1201 South 157th Street for an addition to their
present Class “C” Liquor License location – see attached.
# 1502 – From Chair on File
13. RT Omaha Franchise, LLC, dba “Ruby Tuesday”, 16831 Lakeside Hills Plaza,
requests permission to appoint Candy M. Jones manager of their present Class
“I” Liquor License location – see attached. ((PUBLIC HEARING TODAY –
MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Candy Jones, Manager, Ruby Tuesday, 16831 Lakeside Hills Plaza, appeared
and spoke.
CCID # 1503 – Motion by Thompson that the request be approved
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Motion Carried 7-0
14. Wadsworth Old Chicago, Inc., dba “Old Chicago”, 13110 Birch Drive, requests
permission to appoint Brian T. Hill manager of their present Class “I” Liquor
License location – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Brian Hill, Manager, Old Chicago, 13110 Birch Drive, appeared and spoke.
CCID # 1504 – Motion by Thompson that the request be approved
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Motion Carried 7-0
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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. 15 through 25 were held on December 13,
2011.)
CONSENT AGENDA – ORDINANCES
15. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the
necessary private property for the purpose of re-constructing 102nd and West
Maple Streets, project identified as OPW 51643, Federal Project No. HSIP-5015
(1), C.N. 22372; providing that the City negotiate with the property owners for
land acquisitions, permanent easements and temporary construction easements;
providing that as to each specified parcel which cannot be obtained by
negotiation, condemnation proceedings be undertaken and completed; and,
providing for the effective date hereof – see attached.
(See Doc. # 1461 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1461 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39197 – PASSED 7-0
16. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the
necessary private property for the purpose of re-constructing 108th Street, “L” to
“M” Streets, project identified as OPW 51430, Federal Project No. HSIP-5011
(12), C.N. 22378; providing that the City negotiate with the property owners for
land acquisition, permanent easements and temporary construction easements;
providing that as to each specified parcel which cannot be obtained by
negotiation, condemnation proceedings be undertaken and completed; and,
providing for the effective date hereof – see attached.
(See Doc. # 1462 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
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CCID # 1462 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39198 – PASSED 7-0
17. Ord. to accept the bids from Navarro Lawn & Landscape, Nebraska Best , and
Reese Enterprises for grounds maintenance mowing of City rights -of-way based
on bids received on October 19, 2011. Contractors were able to submit bids for
individual areas and each area was considered separately. Street Maintenance
is recommending award be made as detailed in the attached Inter-office Memo
dated November 9, 2011. This price agreement will be in effect until October 31,
2013; providing for the payments from appropriations of more than one year in
accordance with Section 5.17 of the Home Rule Charter of 1956 as amended;
and to provide an effective date hereof – see attached.
(See Doc. # 1463 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1463 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39199 – PASSED 7-0
18. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described property located at 3322 Blondo Street and 3361 ½
Patrick Avenue, 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 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 Bettie Williams, to acquire
the property for the sum of Two Thousand Five Hundred and 00/100 Dollars
($2,500.00) is approved; project costs will be paid from FY 2011 HOME Match
Funds, Fund 11111, Organization No. 109023; and to provide the effec tive date
hereof – see attached.
(See Doc. # 1464 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
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CCID # 1464 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39200 – PASSED 7-0
19. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described property located at 4146 Grant Street and 4206
Patrick Avenue, 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 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 James R. Maly, to acquire
the property for the sum of Nine Thousand and 00/100 Dollars ($9,000.00) 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.
(See Doc. # 1465 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1465 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39201 – PASSED 7-0
20. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described property located at 4303 Patrick Avenue, and
legally described as Lot 1, Block 15, Clifton Hill, an addition to the City of Omaha,
as surveyed, platted, and recorded in Douglas County, Nebraska, 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 a ny
provisions of the Omaha Municipal Code to the contrary, the attached Agreement
between the City of Omaha and Wells Fargo Bank, N.A., 1 Home Campus, Des
Moines, IA 50328-0001, to accept the donation of said residential property at no
cost to the city is approved; no expenses are associated with the acceptance of
the donation; and to provide the effective date hereof – see attached.
(See Doc. # 1466 –December 6 and December 13 Meetings)
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Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1466 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39202 – PASSED 7-0
21. Ord. providing that the City of Omaha, notwithstanding the procedure outlined in
Section 27-51 to 27-75 of the Omaha Municipal Code, shall transfer City-owned
property pursuant to an Agreement; that the attached Agreement between the
City of Omaha and Venture, LLC, a Limited Liability Corporation organized in the
State of Alabama, conveying the property located at 2601, 261 7, and 2619 North
16th Street, and legally described in Exhibit “A” of the attached Real Estate
Contract, for the consideration of the sum of Sixty-nine Thousand Five Hundred
Twenty-Six and 00/100 Dollars ($69,526.00) for development of a 8,320 square
foot commercial building is approved; and to provide the effective date hereof –
see attached.
(See Doc. # 1468 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1468 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39203 – PASSED 7-0
22. Ord. to approve the execution of a Professional Services Agreement between the
City of Omaha and the Neighborhood Center for Greater Omaha, Omaha to
provide administrative services and develop Navigation protocols for the
reEnergize Program, formerly called the Omaha/Lincoln Retrofit Ramp -up
(OLRR); providing for payment in the amount of ninety-eight thousand six
hundred and forty dollars ($98,640), during a project period extending from
January 1, 2012 to May 26, 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. # 1469 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
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CCID # 1469 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39204 – PASSED 7-0
23. Ord to adopt a new Article V of Chapter 21 of the Omaha Municipal Code, to be
entitled “Park Development Fees”; to add new sections 21-121, 21-122, 21-123,
21-124, and 21-125 to the Omaha Municipal Code, im plementing park
development fees as adopted in the City’s 2010 Update to the Master Plan for
the Omaha Suburban Park System; and to provide the effective date thereof –
see attached.
(See Doc. # 1471 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1471 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39205 – PASSED 7-0
24. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of
Omaha, 1956, as amended, to transfer $5,297,891 in unencumbered General
Fund appropriations in the 2011 Budget of the City of Omaha from the Other
Budgetary Accounts, Wage Adjustment to the Other Budgetary Accounts,
Contingency Reserve Fund for the purpose of p roviding funding for Personal
Services appropriations as a result of the 2009 CIR decision and pending 2010
CIR decision; and to fix the effective date hereof to be immediately upon passage
in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha,
1956, as amended – see attached.
(See Doc. # 1472 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1472 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39206 – PASSED 7-0
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25. Ord. implementing the Benson Business Improvement District (BID No. 6875)
under the authority of the Business Improvement District Act, Neb. Rev. Stat. §
19-4105, et seq. for the purpose of approving a street lighting replacement and
upgrade project in the Benson area of Omaha, Nebraska, as contemplated by
Item II of Section 5 of the ordinance establishing the Benson Business
Improvement District, in the amount of $45,200 to be paid from Fund 12117 –
Misc. Contribution, Org 124083 – Benson Business Improvement District; to
reiterate the properties benefited by the proposed improvements which will be
subject to special assessments in accordance with the Benson Business
Improvement District Plan; to provide for special assessments of the total
principal amount of $45,200 with interest at a rate of 3 percent over a ten (10)
year period to be imposed with such District based upon the benefits conferred;
to provide for the assessment of property specially benefited within the District; to
provide a method of assessment to be assessed upon properties specially
benefited by the District; and to provide the effective date hereof – see attached.
(See Doc. # 1474 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1474 – Motion by Gernandt that the Ordinance be passed
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
ORDINANCE # 39207 – PASSED 7-0
((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
(The public hearings on Agenda Item Nos. 26 through 37 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.)
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CONSENT AGENDA – RESOLUTIONS
26. Res. that, as recommended by the Mayor, additional payments to the Nebraska
Department of Roads to provide for state-incurred fees and items determined to
be non-participating after execution of the Program Agreement for Federal
Funding on Project STPC-5003(8), State Control No. 22239 and OPW 50344,
being improvements on 132nd Street from Patrick Street to Birch Drive, is hereby
approved; and that the Finance Department is authorized to pay an additional
$217,762.14 for these changes from the 2006 Transportation Bond Fund 13182,
2009 Issue Transportation Bond Organization 117114 – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1506 – ADOPTED 7-0
27. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Anderson Ford Lincoln Mercury Mazda for the
purchase of a ¾ ton 4x4 pickup truck to be utilized by the Sewer Maintenance
Division in the amount of $21,241.00; and, that the Finance Department is
authorized to pay the cost of this purchase from the Sewer Revenue Fund
21121, Sewer Maintenance Organization 116511, year 2011 funding – see
attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1523 – ADOPTED 7-0
28. Res. that the Mayor is authorized to take the following actions regarding the
City’s interest in the Greenview Apartments, located at 18th and Clark Streets,
Omaha, Nebraska, and owned by Greenview Limited Partnership, a Nebraska
Limited Partnership: 1) execute the attached Supplemental Agreement modifying
the terms of the Agreement and related repayable loan documents originally
approved on September 12, 1995, by Resolution No. 2309; 2) execute th e
attached Consent to the Transfer of Interest and Assignment allowing Greenview
Limited Partnership to transfer its interest in the property and its rights and
obligations related to the Agreement and loan documents to Greenview Partners,
Inc., a Nebraska Corporation; and 3) execute a Subordination Agreement
subordinating the City’s interest in the Property to a new lien in an amount not to
exceed $425,000.00 for the purpose of refinancing project related debt, be and
hereby is approved – see attached.
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Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1507 – ADOPTED 7-0
AGENDA ITEM NOS. 29 AND 30 REMOVED FROM THE CONSENT AGENDA AT
THE REQUEST OF COUNCILMEMBER GERNANDT
29. Res. that, as recommended by the Mayor, the Professional Services Agreement
between the City of Omaha and Altus Architectural Studios, Inc. in the total
amount of $62,530.50, for the repair and remediation of nine (9) separate
facilities in NP Dodge Park, located at 11005 John J. Pershing Drive, Omaha,
Nebraska, 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.
Melinda Pearson, Parks, Recreation and Public Property Director, appeared and
spoke.
Motion by Gernandt that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1508 – ADOPTED 7-0
30. Res. that, as recommended by the Mayor, the Professional Services Agreement
between the City of Omaha and Reinhardt & Associates Architects in the total
amount of $29,556.00, for the repair and remediation of the Crow’s Nest, site
amenities, and electrical in NP Dodge Park Marina, located at 11005 John J.
Pershing Drive, Omaha, Nebraska, 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 Marina Fund No. 21111 and Organization No.
115451, NP Dodge Marina – see attached.
Melinda Pearson, Parks, Recreation and Public Property Director, appeared and
spoke.
Motion by Gernandt that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1509 – ADOPTED 7-0
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AGENDA ITEM NO. 31 REMOVED FROM THE CONSENT AGENDA AT THE
REQUEST OF COUNCILMEMBER THOMPSON
31. Res. that, as recommended by the Mayor, the bid in the total amount of
$82,220.00 from Nebraska’s Best to furnish labor, materials and all incidentals
necessary to complete the sediment and debris removal, including, but not
limited to the removal of sand/silt/sediment/debris from within the project limits
(approximately five (5) acres) for Freedom Park Site Restoration, Freedom Park,
located at 2947 Freedom Park Drive, Omaha, Nebraska, being the lowest and
best bid received within bid specifications, attached hereto and made a part
hereof, is hereby accepted. The debris shall be hauled from the site and legally
disposed of, but the sand and other sediment shall be dumped on -site. The
Purchasing Agent is authorized to issue a purchase order in conformance
herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation
Bond Fund No. 13355 and Organization No. 117316, 2011 Issue Parks and
Cultures Bond – see attached.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Protestants: John Portera, USS Hazard Corporation
Jay Rybin, Meriweather Campgrounds, 4505 Bernadette Avenue
For the City: Melinda Pearson, Parks, Recreation and Public Property Director
Rick Cunningham, Planning Director
Motion by Gray that the Resolution be adopted
Seconded by Jerram
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1521 – ADOPTED 7-0
32. Res. that, as recommended by the Mayor, costs in the amount of $279,000.00,
including $55,468.00 in administrative costs, to remove two sediment basins,
construct mitigation wetlands as mandated by the Corps of Engineers, and
construct a short trail connecting two trails within Black Elk Park at 161st Avenue
and Z Street, for S&ID No. 437, Quail Hollow, located at 162nd Avenue and W
Street, is hereby approved; and that, the costs incurred by S&ID No. 437, Quail
Hollow, for these improvements will be funded 100% by general obligation bonds
of the S&ID – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1524 – ADOPTED 7-0
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33. Res. the Purchasing Agent is authorized to issue a purchase order, as
professional service, for the renewal of the annual software maintenance
agreement, to InterAct911 Public Safety Systems in the amount of $74,952.00, to
provide software maintenance for the Omaha Police Department’s Mobile Data
Computers from July 1, 2011 to June 30, 2012; and that the Finance Department
of the City of Omaha is authorized to pay the cost of the software maintenance
from the Omaha Police Department Year 2011, General Fund 11111,
Organization 113213 Information Technology, Account 42411 Maintenance
Contracts – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1510 – ADOPTED 7-0
34. Res. that, the Mayor is authorized to sign, and the City Clerk to attest, the
attached contract between the City of Omaha and the Greater Omaha Chamber
of Commerce for the Greater Omaha Economic Development Partnership for the
year 2012 and to provide payment of one hund red twenty-five thousand dollars
($125,000). Funding shall be from General Fund 11111, Organization 126028 –
see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1511 – ADOPTED 7-0
35. Res. that, as recommended by the Mayor, the attached one year contract with
NewsBank, Inc. providing access to the Omaha World Herald and America’s
News by NewsBank Annual Subscriptions in the amount of $36,535 is hereby
approved; and, the Finance Department is authorized to pay the $36,535 cost
thereof from the Library’s General Fund 11111, Organization 117016, Object
Code 43416, year 2011 expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1512 – ADOPTED 7-0
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AGENDA ITEM NO. 36 REMOVED FROM THE CONSENT AGENDA AT THE
REQUEST OF COUNCILMEMBER GRAY
36. Res. that, as recommended by the Mayor, the contracts between the City of
Omaha and Building Bright Futures in the amount of $300,000, Urban League of
Nebraska in the amount of $25,000, Impact One Community Connection in the
amount of $25,000, and Eastern Nebraska Community Action Partnership in the
amount of $15,000 for the implementation of Truancy Prevention Programs from
January 1, 2012 to December 31, 2012, and incorporated herein by this
reference, and funding of such projects in the total amount of $365,000, is hereby
approved; and that, the Finance Director is authorized to provide payment of
$365,000.00 from Omaha/Keno Lottery Fund 12118, Organization 126057 in
accordance with the contract terms – see attached.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: John Cavanaugh, Executive Director, Building Bright Futures, 1004
Farnam Street
Thomas Warren, Urban League of Nebraska, 3040 Lake Street
Barbara Johnson, Eastern Nebraska Community Action
Partnership, 2406 Fowler Avenue
For the City: Alec Gorynski, Mayor’s Office
Motion by Festersen that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Pass: Gray
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President
Pass: Gray
Councilmember Gray passed due to potential conflict of interest
Res # 1513 – ADOPTED 6-0-1 Pass
37. Res. that, the appointment by the Honorable Jim Suttle of Charles V. Kline to be
a member of the Downtown Business Improvement Area Board to serve a five -
year term from December 20, 2011 to December 19, 2016 is hereby confirmed
by the City Council – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1520 – ADOPTED 7-0
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((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
ORDINANCES ON FINAL READING
38. Ord. approving an Agreement for the sale of City -owned real property; to provide
that notwithstanding any provisions of the Omaha Municipal Code to the
contrary, the City is authorized to enter into the attached Agreement with Siena -
Francis House, Inc., a Non-profit Corporation organized in the State of Nebraska,
1706 Nicholas Street, Omaha, NE 68101, to c onvey the property described in the
attached agreement, located at 1145-1411 North 18th Street, in consideration of
the sum of One and 00/100 Dollars ($1.00) for development of the support
services center for homeless persons; there are no expenses associated with the
transfer of the property to Siena-Francis House; and to provide the effective date
hereof – see attached. ((PUBLIC HEARING HELD 12/13/11 – CAN BE PASSED
TODAY))
(See Doc. # 1467 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1467 – Ordinance read
(a) Amendment of the Whole requested by the Planning Department –
see attached.
CCID # 1467 – Motion by Gray that the Amendment of the Whole
be PASSED AS AMENDED
Seconded by Festersen
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr.
President
ORDINANCE # 39208 – PASSED AS AMENDED 7-0
- 20 -
39. Ord. to amend Section 21-7 of the Omaha Municipal Code to permit advertising
in city ball field and tennis complexes and city op erated indoor ice arenas; to add
restrictions on such advertising and to require guidelines to be established for
such advertising; and to restrict the use of certain revenues derived therefrom;
and to provide an effective date – see attached. ((PUBLIC HEARING HELD
12/13/11 – CAN BE PASSED TODAY))
(See Doc. # 1470 –December 6 and December 13 Meetings)
Notice of public hearing held December 13, 2011 published in the Daily
Record on December 9, 2011. Ordinance passed on December 20, 2011
published in the Daily Record on December 28, 2011.
CCID # 1470 – Ordinance read
(a) Amendment of the Whole requested by Councilmember Jerram –
see attached.
CCID # 1470 – Motion by Jerram that the Amendment of the Whole
be PASSED AS AMENDED
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr.
President
ORDINANCE # 39209 – PASSED AS AMENDED 7-0
(b) Communication from Melinda Pearson, Parks, Recreation and
Public Property Director, re: advertising in city ball field and tennis
complexes and city operated indoor ice arenas – over from
12/13/11 – see attached.
# 1470 – From Chair on File
RESOLUTIONS
40. Res. that the attached Amendments to the Omaha -Council Bluffs Fiscal Year
2008, 2009 and 2011 Consolidated Submissions for Community Planning and
Development Programs are hereby approved over from 11/22/11 for publication
and public hearing – had publication – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1399 – November 22 Meeting)
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1399 – ADOPTED 7-0
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41. Res. that the City of Omaha Law Department is authorized to make an offer to
allow judgment to be taken against the City of Omaha in litigation pending in the
District Court of Douglas County, Nebraska, entitled Anthony Coleman, Sr., vs.
City of Omaha, CI 11-4867, in the amount of $40,025.59, inclusive of all costs;
and, if the offer is accepted by th e Plaintiff, the funds shall be paid from the
Judgment Fund, Fund 12111, Org 121101 – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1525 – ADOPTED 7-0
42. Res. that the City of Omaha Law Department is authorized to make an offer to
allow judgment in Robert McCurry, et al. v. Jerald Swanson, et al., to be entered
against the City of Omaha and/or one or more individual defendants in the
cumulative amount of $85,000.00, inclusive of all costs; and, if the offer is
accepted by the Plaintiffs, said funds will be paid from the Judgment Fund, Fund
12111, Org 121101 – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1514 – ADOPTED 7-0
43. Res. that the City Law Department is authorized and directed to pay the bill
submitted by Creighton University Medical Center for necessary medical care
rendered to Alexander Simoens, a person in police custody, provided in
September, 2007, in an amount not to exceed $79,824.15; payment to be made
from the Contingent Liability Fund No. 12112, Organization No. 122101, Account
No. 46113 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Res # 1526 – ADOPTED 7-0
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“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETINGS BEING HELD
DECEMBER 27, 2011 AND JANUARY 3, 2012
THE THIRD READING ON AGENDA ITEM NOS. 44 THROUGH 46
SHALL BE HELD ON JANUARY 10, 2012”
((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY))
ORDINANCES ON SECOND READING
44. Ord. approving Amendment #2 to a Professional Services Agreement with
Lovgren Marketing Group, originally approved by Ordinance No. 37925 on
December 11, 2007, continuing to provide services as Public Involvement
Facilitator for the Combined Sewer Overflow Project, 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 Finance Department to
pay for the services as outlined in the amendment to the contract documents in
an amount not to exceed $260,000.00 with an end date for the amended contract
of December 31, 2013 – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 1493 – December 13 Meeting)
Linda Lovgren, Lovgren Marketing Group, 809 North 96th Street, appeared and
spoke.
CCID # 1493 – Public hearing was held today – Final reading set for January 10,
2012 pursuant to City Council Rule VII H.
45. Ord. to accept the bid from Alamar Uniforms with its principal place of business
at 3105 Leavenworth Street, Omaha, Nebraska, 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; to provide fi rm
price commitments per item for two years, on Omaha Police Department
standard uniform items, which are to be provided to members of the Omaha
Police Department, although prices have been specifically determined by the bid,
the exact costs are indeterminate and will vary depending on the purchases, they
are anticipated to be in the approximate area of, with the possibility of exceeding,
the sum of $500,951.80, over the two year period; and to provide the effective
date hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 1490 – December 13 Meeting)
CCID # 1490 – Public hearing was held today – Final reading set for January 10,
2012 pursuant to City Council Rule VII H.
- 23 -
46. Ord. (1) to approve (a) an Agreement between the City of Omaha and the
Domestic Violence Coordinating Council in the amount of $95,000; (b) an
Agreement between the City of Omaha and Heartland Family Services in the
amount of $64,536; (c) an Agreement between the City of Omaha and the
Women’s Center for Advancement in the amount of $92,464; (d) an Agreement
between the City of Omaha and the Douglas County Board of Commissioners for
the Douglas County Sheriff’s Office in the amount of $88,414; (e) an Agreement
between the City of Omaha and the Douglas County Board of Commissioners for
the Douglas County Attorney’s Office in the amount of $156,000; and (f) an
agreement between the City of Omaha and the State of Nebraska, District #4
Probation Office in the amount of $36,000; and (2) to autho rize funding for such
agreements from the FY 2011 Grant to Encourage Arrest Policies and
Enforcement of Protection Orders, #2010-WE-AX-0018, Fund 12152,
Organization 130767; to provide funding to strengthen and coordinate Omaha's
response to domestic violence; 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. ((PUBLIC HEARING TODAY))
(See Doc. # 1491 – December 13 Meeting)
CCID # 1491 – Public hearing was held today – Final reading set for January 10,
2012 pursuant to City Council Rule VII H.
COUNCILMEMBER THOMPSON LEAVES THE LEGISLATIVE CHAMBERS
AFTER-HOURS DANCE PERMIT
47. Res. that the application of Omaha Mining Company for the issuance of an after -
hours dance permit at 1715 Leavenworth Street be and hereby is approved –
over from 12/6/11 for publication and public hearing – had publication – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 1438 – December 6 Meeting)
Terry Tippit, 1715 Leavenworth Street, appeared and spoke.
Motion by Jerram that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Festersen, Gernandt, Gray, Mr. President
Absent: Thompson
Res # 1438 – ADOPTED 6-0
COUNCILMEMBER THOMPSON RE-ENTERS THE LEGISLATIVE CHAMBERS
- 24 -
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETINGS BEING HELD
DECEMBER 27, 2011 AND JANUARY 3, 2012
THE SECOND READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 48 THROUGH 53
SHALL BE HELD ON JANUARY 10, 2012”
ORDINANCES ON FIRST READING
48. Ord. authorizing the issuance of a purchase order to Alamar Uniform Co. for a 12
month price agreement for the purchase of uniforms for Street Maintenance and
Sewer Maintenance Divisions; to provide for payments from appropriations of
more than one year in accordance with Section 5.17 of the Home Ru le Charter of
1956, as amended; to provide for payments from a specific account; and to
provide an effective date hereof – see attached.
CCID # 1522 – Publication to be made and public hearing to be he ld on January
10, 2012 pursuant to City Council Rule VII H.
49. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and Livestock Commons, LLC, a Nebraska Limited
Liability Company to implement the Livestock Commons, LLC, Tax Increment
Financing (TIF) Redevelopment Project Plan located at 4910 and 4930 South
30th Street; the agreement proposes the construction of two, new four-story,
mixed-use buildings; each building will include a clinic operated by OneWorld
Community Health Centers, Inc. and affordable senior housing units; the
agreement authorizes the use of $350,000.00 in excess ad valorem taxes (TIF)
generated by the development to help fund the cost of the project; and providing
for an effective date – see attached.
CCID # 1515 – Publication to be made and public hearing to be held on January
10, 2012 pursuant to City Council Rule VII H.
50. Ord. to amend Sections 18-65, 18-66, 18-67, and 18-68 of the Omaha Municipal
Code, and to adopt a new section 18-68.1; to modify requirements and
procedures for the removal of graffiti; to repeal Sections 18-65, 18-66, 18-67, and
18-68 as heretofore existing; and to provide the effective date thereof – see
attached.
CCID # 1516 – Publication to be made and public hearing to be held on January
10, 2012 pursuant to City Council Rule VII H.
- 25 -
51. Spec. Ord. levying a special tax assessment for cutting and clearing weeds,
grass and worthless vegetation in accordance with Sections 18 -21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha. Group No:
2012-01 – see attached.
CCID # 1517 – Publication to be made and public hearing to be held on January
10, 2012 pursuant to City Council Rule VII H.
52. Spec. Ord. levying a special tax assessment for cutting and clearing weeds,
grass and worthless vegetation in accordance with Sections 18 -21 through 18-30
of the Omaha Municipal Code on certain lots in the City of Omaha. Group No:
2012-02 – see attached.
CCID # 1518 – Publication to be made and public hearing to be held on January
10, 2012 pursuant to City Council Rule VII H.
53. Spec. Ord. levying a special tax assessment for the removal of litter in
accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on
certain lots in the City of Omaha. Group No: 2012-03 – see attached.
CCID # 1519 – Publication to be made and public hearing to be held on January
10, 2012 pursuant to City Council Rule VII H.
* * * * * * * * * * * * *
EXECUTIVE SESSION
54. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
- 26 -
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR DECEMBER 20, 2011
LEGISLATIVE CHAMBERS – 2:00 P.M. - PREPARED DECEMBER 19, 2011 AT 1:45 P.M.
ADDITIONAL RESOLUTION
55. Res. that the attached professional services contract between the City of Omaha
and O’Hara Lindsay and Associates providing professional representation in the
Nebraska Legislature on any legislative bills, resolutions, amendments, and
studies that affect the City of Omaha during the legislative session of the One -
Hundred and Second Legislature of the State of Nebraska, Second Session, in
an amount not to exceed $31,000 is approved and the Finance Director is
authorized to pay the cost of such services in co nformance with the terms of
such agreement from General Fund 11111, Organization 119014, Account 42218
– see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Protestant: Patrick Rinn, 13871 Sprague Street
For the City: Warren Weaver, City Council Chief of Staff
Pam Spaccarotella, Finance Director
Motion by Jerram that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Jerram, Festersen, Gernandt, Gray
Nays: Stothert, Thompson, Mr. President
Res # 1527 – ADOPTED 4-3
* * * * * * * * * * * * * *
Motion by Gernandt that the meeting be adjourned
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Stothert, Thompson, Festersen, Gernandt, Gray, Mr. President
Motion Carried 7-0
ADJOURNED: 3:22 P.M.
- 27 -
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 t he Meeting of the City
Council of the City of Omaha held on December 20th, 2011.
WITNESS:
_________________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM
SUTTLE ON THE 22nd DAY OF DECEMBER, 2011.