2011-03-08j7th REGULAR OMAHA CITY COUNCIL MEETING
MARCH 8, 2011
THE CITY COUNCIL met in Regular Session on Tuesday, March 8, 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 Garry Gernandt.
ROLL CALL
1. City Clerk calls the roll.
CCID # 225 – Present: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr.
President
Absent Entire Meeting: Gray
2. Pledge of Allegiance.
3. Invocation by Councilmember Jean Stothert of District No. 5.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on March 4, 2011, notice re: Pre-Council and Regular City Council
Meetings, March 8, 2011.
CCID # 226 – From Chair on File
A current copy of the Open Meeting Act is posted in a white binder on the east
wall of the Legislative Chambers.
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
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“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 5 SHALL BE LAID OVER TWO WEEKS”
RESOLUTION RE: PLAT
5. Res. that the replat transmitted herewith entitled PACIFIC STREET WEST
REPLAT SEVEN located Southwest of South HWS Cleveland Boulevard and
Blue Sage Parkway, is hereby approved, and concurrently a portion of the
existing plat entitled Pacific Street West, and described on said replat, is hereby
vacated – Outside City – see attached.
CCID # 252 – Over two weeks to March 22, 2011 pursuant to City Council Rule
VII E.
(a) Planning Board and Planning Department recommend approval of
the final plat of PACIFIC STREET WEST REPLAT SEVEN located
Southwest of South H.W .S. Cleveland Boulevard and Blue Sage
Parkway – Outside City – see attached.
# 252 – Over to 03/22/11
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“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 6 SHALL BE LAID OVER
TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING”
SPECIAL USE PERMIT – AUTOMOTIVE SALES
6. Res. that the Special Use Permit application submitted by Khalil Eljamal for
permission to allow Automotive Sales in a CC-Community Commercial District,
located at 12901 “Q” Street, Omaha, Nebraska, is hereby approved and the
Permits and Inspection Division is directed to issue the necessary permit
therefor, provided the conditions set out in Exhibit "A" of the above referenced
application, conditions set out in Exhibit "B", and all applicable local or state
statutes, ordinances or regulations are complied with. That the proposed Special
Use Permit has been reviewed and evaluated pursuant to, and meets each of,
the criteria set forth in Section 55-885 of the Omaha Municipal Code – see
attached.
Notice of public hearing on March 22, 2011 published in the Daily Record
on March 11, 2011.
CCID # 228 – Over two weeks to March 22, 2011 for publication and public
hearing pursuant to City Council Rule VII E.
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(a) Planning Board and Planning Department recommend approval of
the request of Khalil Eljamal for a Special Use Permit to allow
Automotive Sales in a CC-Community Commercial District, located
at 12901 “Q” Street – see attached.
# 228 – Over to 03/22/11
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LIQUOR AND RESOLUTION: KENO
7. CLASS “C” – Levy Premium Foodservice Limited Partnership, dba “Levy
Restaurants at TD Ameritrade Park”, 1200 Mike Fahey Street. New application,
New location. Property posted: 02-15-11; Notification sent: 02-25-11 – see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR
DENY))
Steve Seglin, Attorney for the applicant, Lincoln, NE, appeared and spoke.
Motion by Jerram that the Resolution to GRANT be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Res # 235 – ADOPTED 6-0
8. CATERING – Levy Premium Foodservice Limited Partnership, dba “Levy
Restaurants at TD Ameritrade Park”, 1200 Mike Fahey Street. New application,
New location. Property posted: 02-15-11; Notification sent: 02-25-11 – see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO APPROVE OR NOT TO APPROVE))
Steve Seglin, Attorney for the applicant, Lincoln, NE, appeared and spoke.
CCID # 236 – Motion by Jerram that the application be approved
Seconded by Stothert
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Motion Carried 6-0
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9. Arena Sports Bar & Grill, Inc., dba “Arena Sports Bar & Grill”, 3 809 North 90th
Street, requests permission for an addition to their present Class “C” Liquor
License location of Volleyball Courts approximately 120‟ x 100‟ to the east.
Property posted: 02-23-11; Notification sent: 02-25-11 – see attached.
((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
CCID # 237 – Motion by Jerram that the application be laid over two weeks to
March 22, 2011 and continue the public hearing
Seconded by Mulligan
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Motion Carried 6-0
(a) Communication opposing the application of Arena Sports Bar &
Grill, Inc., dba “Arena Sports Bar & Grill”, 2809 North 90th Street for
an addition to their present Class “C” Liquor License – see attached
. # 237 – Over to 03/22/11
10. Dell Enterprises, Inc., dba “Dundee Dell”, 5007 Underwood Avenue , requests
permission for a Special Designated License for a Spring Fling on May 21, 2011
from 6:00 a.m. to 2:00 a.m. with music ending at 11:00 p.m . – see attached.
Pat Goble, Owner, Dundee Dell, 5107 Nicholas Street, appeared and spoke.
CCID # 238 – Application read
Motion by Jerram that the application be amended from 6:00 a.m. to 2:00 a.m. to
6:00 a.m. to 12:00 midnight
Seconded by Festersen
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Motion Carried 6-0
Motion by Jerram that the request be APPROVED AS AMENDED
Seconded by Thompson
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Motion Carried 6-0
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(a) Dell Enterprises, Inc., dba “Dundee Dell”, 5007 Underwood
Avenue, requests permission for a Special Designated License for
Dundee Days on August 27, 2011 from 6:00 a.m. to 2:00 a.m. with
music ending at 11:00 p.m. – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO
APPROVE))
CCID # 239 – Application read
Motion by Jerram that the application be amended from 6:00 a.m.
to 2:00 a.m. to 6:00 a.m. to 12:00 midnight
Seconded by Festersen
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr.
President
Absent: Gray
Motion Carried 6-0
Motion by Jerram that the request be APPROVED AS AMENDED
Seconded by Thompson
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr.
President
Absent: Gray
Motion Carried 6-0
11. Res. that, in accordance with the Lottery Operator's Agreement wit h the City of
Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red
satellite keno location at 2416 Davenport Street , Blue Jay Bar, in Omaha,
Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt
Boulevard, appeared and spoke.
Motion by Jerram that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Res # 227 – ADOPTED 6-0
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(a) Communication from John Wilhelm, VP for Administration,
Creighton University, opposing the application to operate a Big Red
satellite keno location at the Blue Jay Bar, LLC dba “Blue Jay Bar”,
2416 Davenport Street – see attached.
# 227 – From Chair on File
CONSENT AGENDA
(Any member of the City Council may cause any item placed on the Consent Agenda to
be removed there from. Items removed from the Consent Agenda shall be taken up by
the City Council immediately following the Consent Agenda in the order in which they
were removed unless otherwise taken out of order as otherwise provided by the City
Council Rules of Order.)
(The public hearings on Agenda Item Nos. 12 through 17 were held on March 1, 2011.)
CONSENT AGENDA – ORDINANCES
12. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the
necessary private property for the purpose of the 42nd Street Public
Improvements from „R‟ Street to „Y‟ Street, also known as City Project No. OPW
51899, providing that the City negotiate with the prope rty owners for land
acquisition, and temporary construction easements, providing that if said parcel
cannot be obtained by negotiation, condemnation proceedings be undertaken
and completed; and, providing for the effective date hereof – see attached.
(See Doc. # 175 – February 15 and March 1 Meetings)
Notice of public hearing on March 1, 2011 published in the Daily Record on
February 18, 2011. Ordinance passed on March 8, 2011 published in the
Daily Record on March 16, 2011.
CCID # 175 – Motion by Stothert that the Ordinance be passed
Seconded by Mulligan
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
ORDINANCE # 38953 PASSED 6-0
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13. Ord. approving a Contract among the City of Omaha, a Municipal Corporation,
the City of Omaha Employees Retirement System, and Cavanaugh Macdonald
Consulting, LLC, a limited liability corporation, for the provision of Actuarial
Services, including the performance of an annual actuarial valuation and certain
additional actuarial consulting services for the City of Omaha Employees
Retirement System, for the years 2011 through 2015, in accordance with the
Official Proposal submitted on October 29, 2010, by Cavanaugh Macdonald
Consulting, LLC, in the amounts specified therein, involving the payment of
money from appropriations of more than one year as provided in Section 5.17 of
the Home Rule Charter of the City of Omaha, 1956, as amended; and to provide
the effective date hereof – see attached.
(See Doc. # 176 – February 15 and March 1 Meetings)
Notice of public hearing on March 1, 2011 published in the Daily Record on
February 18, 2011. Ordinance passed on March 8, 2011 published in the
Daily Record on March 16, 2011.
CCID # 176 – Motion by Stothert that the Ordinance be passed
Seconded by Mulligan
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
ORDINANCE # 38954 PASSED 6-0
14. Ord. approving a Contract among the City of Omaha, a Municipal Corporation,
the City of Omaha Police and Fire Retirement System, and Cavanaugh
Macdonald Consulting, LLC, a limited liability corporation, for the provision of
Actuarial Services, including the performance of an annual actuarial valuation
and certain additional actuarial consulting services for the City of Omaha Police
and Fire Retirement System, for the years 2011 through 2015, in accordance
with the Official Proposal submitted on October 29, 2010, by Cavanaugh
Macdonald Consulting, LLC, in the amounts specified therein, involving the
payment of money from appropriations of more than one year as provided in
Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended;
and to provide the effective date hereof – see attached.
(See Doc. # 177 – February 15 and March 1 Meetings)
Notice of public hearing on March 1, 2011 published in the Daily Record on
February 18, 2011. Ordinance passed on March 8, 2011 published in the
Daily Record on March 16, 2011.
CCID # 177 – Motion by Stothert that the Ordinance be passed
Seconded by Mulligan
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
ORDINANCE # 38955 PASSED 6-0
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15. Ord. to approve a Purchase and Sale Agreement between the City of Omaha
and Donors‟ Trust for the sale of certain surplus real property, commonly known
as Omaha‟s Johnny Rosenblatt Stadium; and to provide an effective date – see
attached.
(See Doc. # 187 – February 15 and March 1 Meetings)
Notice of public hearing on March 1, 2011 published in the Daily Record on
February 18, 2011. Ordinance passed on March 8, 2011 published in the
Daily Record on March 16, 2011.
CCID # 187 – Motion by Stothert that the Ordinance be passed
Seconded by Mulligan
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
ORDINANCE # 38956 PASSED 6-0
16. Ord. re-authorizing a Business Improvement District under the authority of the
Business Improvement District Act, Nebraska Revised Statute Section 19 -4015,
et seq., known as the Downtown Business Improvement District (B.I.D. No. 6874)
bound by 17th Street on the west to Capitol Street and then east to 12th Street
and then north to Cass Street and then east to 10th Street and then north to
Webster Street (Mike Fahey Street) to the Missouri River, the Missouri River on
the East, and Leavenworth Street to the south from the river to 15 th Street, and
Jackson Street from 15th Street to 17th Street for the purposes of continuing
activities, work and improvements in the Downtown Area of the City of Omaha,
Nebraska, such boundary shall also include the Qwest Center Omaha, the
adjacent Hilton Hotel, and the SOMA Development; to continue the Downtown
Business Improvement District pursuant to the City Council‟s Resolution of
Intention to so establish; to define the purpose of such District and the activities
to be included; to define the boundaries of such District; to identify that the
properties benefited by the proposed improvements will be subject to special
assessments in accord with the Downtown Business Improvement District Plan;
to provide for special assessments to be set at a rate of $0.439 per $1,000 of
assessed valuation to be imposed within such District based upon the benefits
conferred; to provide for extension of an operating agreement between such
District and a not-for-profit corporation to be organized for such purpose; to
provide for a baseline municipal services agreement between the City and such
District; to provide for a method of representative governance ; and to provide the
effective date thereof – see attached.
(See Doc. # 180 – February 15 and March 1 Meetings)
Notice of public hearing on March 1, 2011 published in the Daily Record on
February 18, 2011. Ordinance passed on March 8, 2011 published in the
Daily Record on March 16, 2011.
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CCID # 180 – Motion by Stothert that the Ordinance be passed
Seconded by Mulligan
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
ORDINANCE # 38957 PASSED 6-0
(a) Documents submitted by Joe Gudenrath, Executive Director,
Downtown Improvement District, re: ordinance to re -authorize a
Business Improvement District under the authority of the Business
Improvement District Act – over from 3/1/11 – see attached.
(See Doc. # 180 – March 1 Meeting)
# 180 – From Chair on File
17. Spec. Ord. approving the Omaha Downtown Improvement District Association
2011/2012 Work Plan and Budget, which includes the 2010/2011 Progress
Report, Stakeholder Engagement and Research, and 2011/2012 Work Plan and
Budget and Program Summary for the Omaha Downtown Improvement District
Association (ODIDA) and levying special tax and assessment on all lots and
pieces of real estate within Business Improvement District No. 6874 in the City of
Omaha in the Amount of $331,789.96; such assessment shall cover the costs
anticipated by the Business Improvement District for March 2011 to February
2012 and contemplated by Ordinance No. 37540 which was approved by the City
Council of the City of Omaha on October 3, 2006, and to provide an effective
date therein – see attached.
(See Doc. # 181 – February 15 and March 1 Meetings)
Notice of public hearing on March 1, 2011 published in the Daily Record on
February 18, 2011. Ordinance passed on March 8, 2011 published in the
Daily Record on March 16, 2011.
CCID # 181 – Motion by Stothert that the Special Ordinance be passed
Seconded by Mulligan
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
SPECIAL ORDINANCE # 10118 PASSED 6-0
(a) Communication from Bernard J. in den Bosch, Assistant City
Attorney, re: the Special Ordinance approving the Omaha
Downtown Improvement District Association 2011/2012 Work Plan
and Budget – over from 3/1/11 – see attached.
(See Doc. # 181 – March 1 Meeting)
# 181 – From Chair on File
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((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
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(The public hearings on Agenda Item Nos. 18 through 22 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
18. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a purchase order to the 3M Company for a price agreement for the
purchase of reflective sheeting and plastic pavement marking tapes, considered
to be unique and non-competitive and made without bidding in accord with
Section 5.16 of the Home Rule Charter, 1956, as amended, for use on the City‟s
street system through December 31, 2011; and, that the Finance Department is
authorized to pay the cost of reflective sheeting and plastic pavement marking
tapes purchased under this Price Agreement, estimated to be $200,000.00, from
the Street and Highway Allocation Fund 12131, Traffic Engineering
Organizations 116184, 116185 and 116188, year 2011 expenditures – see
attached.
Motion by Thompson that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Res # 229 – ADOPTED 6-0
19. Res. that the City accepts and the Mayor is authorized to execute the U.S.
Department of Housing and Urban Development Lead-based Paint Hazard
Control Program Grant Agreement and subsequent amendments required for the
successful completion of Grant No. NELHB0479 -10 in the amount of
$2,100,000.00 – see attached.
Motion by Thompson that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Res # 248 – ADOPTED 6-0
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20. Res. that as recommended by the Mayor, the terms of the loan agreement
between the City of Omaha and South Omaha Affordable Housing Corporation,
subsequently assigned to 4826 South 24 th Street Limited Partnership, and
related Deed of Trust and Promissory Note, approved on September 15, 1998,
by Resolution No. 2543, and secured by the property located at 4826 South 24th
Street are modified to allow the Mayor to accept the present value in the amount
of $52,389.14, as calculated by the City of Omaha Finance Department, of the
secured loan principal, as payment in full of the debt. Furthermore, the Mayor, or
his designee, is hereby authorized to execute a Deed of Reconveyance releasing
the Deed of Trust filed with the Douglas County Register of Deeds, in Book 5483
on Page 618, upon receipt of payment of the present value of the debt. This
modification of the loan terms becomes effective only upon the sale or transfer of
the property. If such sale or transfer does not occur within 12 months of the date
of approval of this Resolution, the original terms of the loan will remain in effect
until such time as the property is transferred – see attached.
Motion by Thompson that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Res # 245 – ADOPTED 6-0
21. Res. that the attached Grant Agreement, as recommended by the Mayor, to
provide a Community Development Block Grant (CDBG) in the amount of
$29,204.00 as amended by Addendum No. 1 for the rehabilitation and lead
reduction work, when applicable, at the property owned and occupied by Arthur
L. Thomas and Diane L. Thomas, located at 4024 Charles Street, Omaha,
Nebraska 68131, is hereby approved. The contract is to be awarded to GWA,
LLC, Cheryl Weston, Member and Authorized Representative. Funds in the
amount of $29,204.00 as amended by Addendum No. 1 shall be paid from North
Neighborhood Revitalization Strategy Area (NRSA) CDBG Single -Family Target
Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 – see
attached.
Motion by Thompson that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Res # 241 – ADOPTED 6-0
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22. Res. that, as recommended by the Mayor the attached bid of Ed M Feld in the
amount of ($597,390) for the purchase of three (3) Fire Rescue/Ambulances for
the Omaha Fire Department is hereby approved, and the Finance Department is
authorized to pay the cost of such purchase from Omaha Fire Department, 2006
Public Safety Bond, Fund No. 13297, 2011 Issuance, Organization 114512,
Account Code 45218 – see attached.
Scott Baughman, Assistant Chief, Fire Department, appeared and spoke.
Motion by Thompson that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Res # 230 – ADOPTED 6-0
(a) Document submitted by Warren Weaver, City Council Chief of
Staff, re: the purchase of three (3) Fire Rescue/Ambulances for the
Omaha Fire Department – see attached.
# 230 – From Chair on File
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
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ORDINANCES ON FINAL READING
23. 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:
2011-1 – see attached. ((PUBLIC HEARING HELD 3/1/11 – CAN BE PASSED
TODAY))
(See Doc. # 164 – February 15 and March 1 Meetings)
Notice of public hearing on March 1, 2011 published in the Daily Record on
February 18, 2011. Ordinance passed on March 8, 2011 published in the
Daily Record on March 16, 2011.
CCID # 164 – Motion by Jerram that the Special Ordinance be PASSED AS
AMENDED
Seconded by Thompson
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
SPECIAL ORDINANCE # 10119 PASSED AS AMENDED 6-0
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(a) Amendment requested by the Parks, Recreation and Public
Property Department – see attached.
# 164 – Motion by Jerram that the Amendment be approved
Seconded by Festersen
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr.
President
Absent: Gray
Motion Carried 6-0
24. 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:
2011-2 – see attached. ((PUBLIC HEARING HELD 3/1/11 – CAN BE PASSED
TODAY))
(See Doc. # 165 – February 15 and March 1 Meetings)
Notice of public hearing on March 1, 2011 published in the Daily Record on
February 18, 2011. Ordinance passed on March 8, 2011 published in the
Daily Record on March 16, 2011.
CCID # 165 – Motion by Thompson that the Special Ordinance be PASSED AS
AMENDED
Seconded by Festersen
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
SPECIAL ORDINANCE # 10120 PASSED AS AMENDED 6-0
(a) Amendment requested by the Parks, Recreation and Public
Property Department – see attached.
# 165 – Motion by Thompson that the Amendment be approved
Seconded by Festersen
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr.
President
Absent: Gray
Motion Carried 6-0
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25. 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: 2011-3 – see attached. ((PUBLIC
HEARING HELD 3/1/11 – CAN BE PASSED TODAY))
(See Doc. # 166 – February 15 and March 1 Meetings)
Notice of public hearing on March 1, 2011 published in the Daily Record on
February 18, 2011. Ordinance passed on March 8, 2011 published in the
Daily Record on March 16, 2011.
CCID # 166 – Motion by Thompson that the Special Ordinance be PASSED AS
AMENDED
Seconded by Gernandt
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
SPECIAL ORDINANCE # 10121 PASSED AS AMENDED 6-0
(a) Amendment requested by the Parks, Recreation and Public
Property Department – see attached.
# 166 – Motion by Thompson that the Amendment be approved
Seconded by Stothert
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr.
President
Absent: Gray
Motion Carried 6-0
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 26
THROUGH 27 SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON SECOND READING
26. Ord. to rezone properties located at 4902, 4904 and 4906 Underwood Avenue
from R8-High-Density Multiple Family Residential District to NBD-Neighborhood
Business District.
(See Doc. # 214 – March 1 Meeting)
CCID # 214 – ORDINANCE ON SECOND READING – Final reading to be held
on March 15, 2011 as per City Charter requirements.
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27. Ord. to amend Sections 55-46 and 55-764 of the Omaha Municipal Code
regarding Day Care Services; to repeal Sections 55-46 and 55-764 as heretofore
existing; and to provide the effective date thereof – see attached.
(See Doc. # 215 – March 1 Meeting)
CCID # 215 – ORDINANCE ON SECOND READING – Final reading to be held
on March 15, 2011 as per City Charter requirements.
* * * * * * * * * * * * *
ORDINANCES ON SECOND READING
28. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the
necessary private property for the purpose of improving the 58th Street and NW
Radial intersection, project identified as OPW 51536, Federal Project No. MAPA-
5086(1) C.N. 22363; 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. ((PUBLIC HEARING
TODAY))
(See Doc. # 216 – March 1 Meeting)
Bob Stubbe, Public Works Director, appeared and spoke.
CCID # 216 – Public hearing was held today – Final reading set for March 15,
2011 as per City Charter requirements.
29. Ord. approving a Redevelopment Loan Agreement between the City of Omaha
and the Piano Building, LLC to implement the Piano Building, LLC Tax Increment
Financing (TIF) Redevelopment Plan for the rehabilitation/retrofit and conversion
of approximately 14,600 s.f. of the historic Hillcrest Building, now know n as the
Piano Building, located at 4900 Dodge Street into ground floor retail space with
office space above; to authorize the use of $392,020.00 in excess ad valorem
taxes (TIF) generated by the development to help fund the cost of the project;
and to provide for an effective date – see attached. ((PUBLIC HEARING
TODAY))
(See Doc. # 195 – March 1 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Matt Dougherty, Developer
For the City: Bridget Hadley, Planning Department
CCID # 195 – Public hearing was held today – Final reading set for March 15,
2011 as per City Charter requirements.
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30. Ord. to amend Sections 27-142, 27-149, and 27-154 of the Omaha Municipal
Code regarding the city naming committee and commemorative renamings and
criteria; to repeal Sections 27-142, 27-149, and 27-154 as heretofore existing;
and to provide the effective date thereof – see attached. ((PUBLIC HEARING
TODAY))
(See Doc. # 217 – March 1 Meeting)
CCID # 217 – Public hearing was held today – Final reading set for March 15,
2011 as per City Charter requirements.
31. Ord. approving the attached Agreement between the City of Omaha and
Heartland Workforce Solutions, Inc., a non-profit corporation, for 17,450 square
feet of leased space located at the Blue Lion Centre, 2421 -23 North 24th Street,
Omaha, Nebraska for the Workforce Investment Act (WIA) in the monthly amount
of $14,541.67 for the period of April 1, 2011 through December 31, 2011 – see
attached. ((PUBLIC HEARING TODAY))
(See Doc. # 243 – March 1 Meeting)
Reverend Howard Dotson, 610 South 32nd Avenue, appeared and spoke.
CCID # 243 – Public hearing was held today – Final reading set for March 15,
2011 as per City Charter requirements.
32. Ord. approving an Agreement between the City of Omaha, [the Mayor as the
designated Chief Elected Official of the Tri-County Workforce Area, which
includes Douglas, Sarpy and Washington Counties], and Heartland Workforce
Solutions, Inc., a non-profit corporation; said agreement involving appropriations
out of more than one year as provided by Section 5.17 of the Home Rule
Charter; to agree that Heartland Workforce Solutions, Inc. will provide the
delivery of Title I Adult/Dislocated Worker and Youth services in the Tri-County
Workforce Investment Area for a term of five years beginning on April 1, 2011 –
see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 244 – March 1 Meeting)
Reverend Howard Dotson, 610 South 32nd Avenue, appeared and spoke.
CCID # 244 – Public hearing was held today – Final reading set for March 15,
2011 as per City Charter requirements.
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APPEAL RE: BID REJECTION
33. Mark Santo, representing Mark VII Enterprises, Inc., appeals the rejection of their
bid of February 16, 2011 for the OPW 52130-SP - Fire Station #42 Generator
Installation – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED
TO ALLOW OR DENY THE APPEAL, AND IF ALLOWED, DIRECT THE
DEPARTMENT ACCORDINGLY))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Mark Santo, President, Mark VII Enterprises, Inc.
For the City: Bob Stubbe, Public Works Director
CCID # 240 – Motion by Thompson that the bid rejection appeal be denied
Seconded by Mulligan
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Motion Carried 6-0
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 34 THROUGH
38 SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
34. Ord. to rezone property located Southwest of South HWS Cleveland Boulevard
and Blue Sage Parkway from R6-Low Density Multiple Family Residential District
to DR-Development Reserve District.
CCID # 249 – Publication to be made and public hearing and third reading to be
held on March 22, 2011 as per City Charter requirements.
35. Ord. to rezone property located Southwest of South HWS Cleveland Boulevard
and Blue Sage Parkway from R6-Low Density Multiple Family Residential District
to R4-Single Family Residential District (High Density).
CCID # 250 – Publication to be made and public hearing and third reading to be
held on March 22, 2011 as per City Charter requirements.
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36. Ord. to rezone property located Southwest of South HWS Cleveland Boulevard
and Blue Sage Parkway from R6-Low Density Multiple Family Residential District
to R6-Low Density Multiple Family Residential District.
CCID # 251 – Publication to be made and public hearing and third reading to be
held on March 22, 2011 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of South HWS
Cleveland Boulevard and Blue Sage Parkway from R6 to DR, R4
and R6 – see attached.
# 251 – Over to 03/22/11
37. Ord. to amend Sections 55-652, 55-658 and 55-659 of the Omaha Municipal
Code; to correct a typographical error; to clarify the permitted uses in the flood
fringe overlay district; to add the Campground use type in the floodway overlay
district regulations; to repeal Sections 55-652, 55-658 and 55-659 as heretofore
existing; and to provide the effective date thereof – see attached.
CCID # 231 – Publication to be made and public hearing and third reading to be
held on March 22, 2011 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
an amendment to Sections 55-652, 55-658 and 55-659 of the
Omaha Municipal Code regarding the FF-Flood Fringe Overlay
District and Floodway Overlay District – see attached.
# 231 – Over to 03/22/11
38. Ord. to amend Section 55-822 of the Omaha Municipal Code regarding bulletin
boards; to repeal Section 55-822 as heretofore existing; and to provide the
effective date thereof – see attached.
CCID # 232 – Publication to be made and public hearing and third reading to be
held on March 22, 2011 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
an amendment to Section 55-822 of the Omaha Municipal Code
regarding bulletin boards – see attached.
# 232 – Over to 03/22/11
* * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 39 THROUGH
41 SHALL BE HELD ON THE SECOND READING”
ORDINANCE ON FIRST READING and Planning Board Attachment
39. Ord. vacating a triangular portion of Chicago Street located between 11th and
12th Streets, adjacent to the Hilton Hotel, in the City of Omaha and providing the
effective date hereof – see attached.
CCID # 233 – Publication to be made and public hearing to be held on March 15,
2011 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
the vacation of a triangular portion of Chicago Street located
between 11th and 12th Streets – Inside City – see attached.
# 233 – Over to 03/15/11
ORDINANCES ON FIRST READING
40. Ord. to provide for approving a contract, involving appropriations of more than
one year in conformity with Section 5.17 of the Home Rule Charter with Douglas
County, Nebraska, to assist in payment of the County‟s Victim Witness program;
and to provide for the effective date hereof – see attached.
CCID # 234 – Publication to be made and public hearing to be held on March 15,
2011 as per City Charter requirements.
41. Ord. to approve Agreements between the City of Omaha and YWCA Omaha in
the amount of seventy one thousand and seventy five dollars ($71,075) and
between the City of Omaha and Family Housing Advisory Services, Inc in the
amount of one hundred sixty eight thousand nine hundred and twe nty five dollars
($168,925) to provide funding for transitional housing services to domestic
violence victims in Omaha; to authorize funding for such agreements from the FY
2010 Office on Violence Against Women (OVW) Transitional Housing Assistance
Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence and
Stalking Program #2010-WH-AX-0026, Fund 12152, Organization 130767; and
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.
CCID # 242 – Publication to be made and public hearing to be held on March 15,
2011 as per City Charter requirements.
* * * * * * * * * * * * *
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CHAIRMAN OF THE BOARD OF EQUALIZATION
42. Chairman of the Board of Equalization reports approval of Plans of Assessment
with adjustments made at their regular meeting held March 1, 2011 – see
attached.
CCID # 253 – Motion by Thompson to approve
Seconded by Gernandt
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Motion Carried 6-0
EXECUTIVE SESSION
43. CCID # 296 - Motion by Jerram to go into Executive Session at 2:27 P.M. for the
purpose of discussing cable television contract negotiations only
Seconded by Gernandt
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President
Absent: Gray
Motion Carried 6-0
CITY COUNCIL PRESIDENT GERNANDT STATED THAT THE CITY COUNCIL IS
GOING INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING CABLE
TELEVISION CONTRACT NEGOTIATIONS ONLY
CCID # 297 – Motion by Stothert to come out of Executive Session at 4:04 P.M.
Seconded by Mulligan
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President
Absent: Gray
Motion Carried 6-0
CITY COUNCIL PRESIDENT GERNANDT STATED THAT WHILE IN EXECUTIVE
SESSION THE CITY COUNCIL DISCUSSED CABLE TELEVISION CONTRACT
NEGOTIATIONS ONLY
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Motion by Festersen that the meeting be adjourned
Seconded by Mulligan
ROLL CALL:
Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President
Absent: Gray
Motion Carried 6-0
ADJOURNED: 4:04 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 March 8, 2011.
WITNESS:
_________________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM
SUTTLE ON THE 10th DAY OF MARCH, 2011, WITH THE EXCEPTION OF
ORDINANCE NO. 38956, WHICH WAS PRESENTED TO MAYOR JIM SUTTLE ON
THE 8TH DAY OF MARCH, 2011.
.