2011-05-03j14th REGULAR OMAHA CITY COUNCIL MEETING
MAY 3, 2011
THE CITY COUNCIL met in Regular Session on Tuesday, May 3rd, 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 # 485 – Present: Stothert, Thompson, Festersen, Gray, Jerram,
Mulligan, Mr. President
2. Pledge of Allegiance.
3. Invocation by Councilmember Franklin Thompson of District No. 6.
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 April 29, 2011, notice re: Pre-Council and Regular City Council
Meetings, May 3, 2011.
CCID # 486 – 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 property located at 215 South 181st Street from R6 -Low Density
Multiple Family Residential District to LO-Limited Office District – over from
4/19/11 and continue the public hearing. ((PUBLIC HEARING CONTINUED TO
TODAY – CAN BE PASSED TODAY))
(See Doc. # 397 – April 5, April 12 and April 19 Meetings)
Notice of public hearing on April 19, 2011 published in the Daily R ecord on
April 8, 2011. Ordinance passed on May 3, 2011 published in the Daily
Record on May 11, 2011.
CCID # 397 – Motion by Gray that the Ordinance be laid over two weeks to May
17, 2011 and continue the public hearing
Seconded by Mulligan
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Motion Carried 7-0
(a) Planning Board and Planning Department recommend DENIAL of a
request to rezone property located at 215 South 181st Street from
R6 to LO – over from 4/19/11 – see attached.
(See Doc. # 397 – April 5 and April 19 Meetings)
# 397 – Over to 05/17/11
RESOLUTIONS RE: PLATS & SUBDIVISION AGREEMENTS
“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 6 THROUGH 7 SHALL BE LAID OVER
TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING”
6. Res. that the replat transmitted herewith entitled CORRIGAN OPS ADDITION
located Southwest of 42nd and “T” Streets, is hereby approved, and concurrently
a portion of the existing plat entitled Prairie View and Pullman Place, and
described on said replat, is hereby vacated – Inside City – see attached.
Notice of public hearing on May 17, 2011 published in the the Daily Record
on May 6, 2011.
CCID # 541 – Over two weeks to May 17, 2011 for publication and public hearing
pursuant to City Council Rule VII E.
(a) Planning Board and Planning Department recommend approval of
the final plat of CORRIGAN OPS ADDITION located southwest of
42nd and “T” Streets – Inside City – see attached.
# 541 – Over to 05/17/11
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7. Res. that the replat transmitted herewith entitled Q STREET ACRES REPLAT 2
located southwest of 69th and “T” Streets, is hereby approved, and concurrently a
portion of the existing plat entitled Q Street Acres, and described on said replat,
is hereby vacated – Inside City – see attached.
Notice of public hearing on May 17, 2011 published in the the Daily Record
on May 6, 2011.
CCID # 502 – Over two weeks to May 17, 2011 for publication and public hearing
pursuant to City Council Rule VII E.
(a) Planning Board and Planning Department recommend approval of
the Final Plat of Q STREET ACRES REPLAT 2 located southwest
of 69th and “T” Streets – Inside City – see attached.
# 502 – Over to 05/17/11
* * * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 8 THROUGH 12 SHALL BE LAID OVER TWO WEEKS”
8. Res. that the plat entitled SMOKY RIDGE located northeast of 72nd Street and
Northern Hills Drive is hereby approved and accepted – Outside City – see
attached.
CCID # 516 – Over two weeks to May 17, 2011 pursuant to City Council Rule VII
E.
(a) Planning Board and Planning Department recommend approval of
the Final Plat of SMOKY RIDGE located northeast of 72nd Street
and Northern Hills Drive – Outside City – see attached.
# 516 – Over to 05/17/11
9. Res. that, the Subdivision Agreement between the City of Omaha and the
Irvington Volunteer Fire Department as recommended by the Mayor, providing
for the public improvements and sewer connection to the Omaha Sanitary Sewer
System, is hereby approved. The Subdivision is to be known as Smoky Ridge
(Lots 1-14 and Outlot A) and is located northeast of 72 nd Street & Northern Hills
Drive – see attached.
CCID # 517 – Over two weeks to May 17, 2011 pursuant to City Council Rule VII
E.
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10. Res. that the plat entitled WEST BAY WOODS 2 (Lots 92 -180 and Outlot “A”)
located southwest of 185th Avenue and Vinton Street is hereby approved and
accepted – Outside City – see attached.
CCID # 533 – Over two weeks to May 17, 2011 pursuant to City Council Rule VII
E.
(a) Planning Board and Planning Department recommend approval of
the final plat of WEST BAY WOODS 2 (Lots 92-180 and Outlot “A”)
located southwest of 185th Avenue and Vinton Street – Outside City
– see attached.
# 533 – Over to 05/17/11
11. Res. that, the Subdivision Agreement among the City of Omaha, David F.
Lanoha, Trustee of the David F. Lanoha Revocable Trust Dated 03/02/04, West
Bay Woods 2 Homeowners Association, Ameritas Investment Corp., and
Sanitary and Improvement District 539 of Douglas County, Nebraska, as
recommended by the Mayor, providing for the public improvements, the 1%
administrative fee, the Community Park fee, and sewer connection to the Omaha
Sanitary Sewer System, is hereby approved. The Subdivision is to be known as
West Bay Woods 2 (Lots 92 through 180, inclusive, and Outlot A – Phase III) and
is located southwest of 185th Avenue & Vinton Street – see attached.
CCID # 534 – Over two weeks to May 17, 2011 pursuant to City Council Rule VII
E.
12. Res. that, the Subdivision Agreement between the City of Omaha and Parkway
Properties, LLC as recommended by the Mayor, providing for the public
improvements and sewer connection to the Omaha Sanitary Sewer System, is
hereby approved. The Subdivision is to be known as Q Street Acres (Replat 2,
Lot 1) and is located southwest of 69th Street & T Street – see attached.
CCID # 515 – Over two weeks to May 17, 2011 pursuant to City Council Rule VII
E.
* * * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NO. 13 SHALL BE LAID OVER TWO
WEEKS FOR PUBLICATION AND PUBLIC HEARING”
SPECIAL USE PERMIT – DEVELOPMENT IN THE NORTH HILLS
ENVIRONMENTAL OVERLAY DISTRICT
13. Res. that the Special Use Permit application submitted by the Irvington Volunteer
Fire Department for permission to allow development in the North Hills
Environmental Overlay District, located northeast of 72 nd Street and Northern
Hills Drive, Omaha, Nebraska, is hereby approved and the P ermits 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 May 17, 2011 published in the the Daily Record
on May 6, 2011.
CCID # 518 – Over two weeks to May 17, 2011 for publication and public hearing
pursuant to City Council Rule VII E.
(a) Planning Board and Planning Department recommend approval of
a Special Use Permit to allow development in the North Hills
Environmental Overlay District located northeast of 72nd Street and
Northern Hills Drive – see attached.
# 518 – Over to 05/17/11
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LIQUOR AND RESOLUTION RE: KENO
14. CLASS “I” – Cut Time Bar & Grill, LLC, dba “Cut Time Bar & Grill dba I Don’t
Care Bar & Grill”, 5346 North 108th Street. New application, Old location.
Present licensee is Denrod Corp., dba “I Don’t Care Bar & Grill”, 3346 North
108th Street, who has a Class “I” Liquor License – over from 4/19/11 and
continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED
TO TODAY – YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
(See Doc. # 468 – April 19 Meeting)
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Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spok e.
Over to later in the meeting.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mike Kelley, Attorney for the applicant, 7134 Pacific Street
Tyler Seaman, 721 West 4th Street
Protestant: Cassie Greisen, Project Extra Mile, 11606 Nicholas Street
Motion by Stothert that the Resolution to GRANT be ADOPTED AS AMENDED
contingent upon manager, Tyler Seaman, taking and completing a certified
alcohol server program
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Mulligan, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Mulligan, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Res # 468 – ADOPTED AS AMENDED 6-0-1 Pass
(a) Amendment requested by Mike Kelley, Attorney representing Cut
Time Bar & Grill, LLC, dba “Cut Time Bar & Grill dba I Don’t Care
Bar & Grill”, 5346 North 108th Street, for a Class “C” Liquor License.
Re: Change of LLC members – see attached.
# 468 – Motion by Stothert that the amendment be approved
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Mulligan, Mr.
President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Mulligan, Mr.
President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Motion Carried 6-0-1 Pass
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15. CLASS “C” – L T D J Investments, L.L.C., dba “Old Settlers”, 5250 South 21st
Street. New application, Old location. Present licensee is Old Settlers, LLC, dba
“Old Settlers”, 5250 South 21st 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))
Cheri Minshall, 5250 South 21st Street, appeared and spoke.
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 503 – ADOPTED 7-0
16. CLASS “C” – TerraVino, Inc., dba “A World of Wine”, 14450 Eagle Run Drive,
Suite 220. New application, New location. Property posted: 04 -20-11;
Notification sent: 04-22-11 – 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: Julie Kluver, 2322 South 35th Street
Protestant: Cassie Greisen, Project Extra Mile, 11606 Nicholas Street
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Mulligan
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 504 – ADOPTED 7-0
(a) Communications opposing the application of TerraVino, Inc., dba “A
World of Wine”, 14450 Eagle Run Drive, Suite 220 for a Class “C”
Liquor License – see attached.
# 504 – From Chair on File
17. CLASS “I” – Ging Jing Corporation, dba “Hunan Garden Chinese Restaurant”,
5916 Center Street. New application, New location. Property posted: 04 -18-11.
Notification sent: 04-22-11 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Tom Garvey, Attorney for the applicant, 101 West Mission Road, Bellevue, NE,
appeared and spoke.
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Motion by Thompson that the Resolution to GRANT be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 505 – ADOPTED 7-0
18. CLASS “I” – Hooks Dodge Street, Inc., dba “Blue Agave”, 13615 California
Street. New application, New location. Property posted: 04 -20-11. Notification
sent: 04-22-11 – see attached. ((YOU HAVE YOUR HEARING ON THE
APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION
EITHER TO GRANT OR DENY))
Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke.
Motion by Festersen that the Resolution to GRANT be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Mulligan, Mr. President
Pass: Jerram
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Mulligan, Mr. President
Pass: Jerram
Councilmember Jerram passed due to potential conflict of interest
Res # 506 – ADOPTED 6-0-1 Pass
19. CLASS “I” – Whitco, Inc., dba “Big Horn Mountain BBQ”, 2524 South 13 th Street.
New application, Old location. Present licensee is Omaha Porkers Company,
Inc., dba “Big Horn Mountain BBQ”, 2524 South 13th Street, who has a Class “I”
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))
Robin Whitman, 16234 Elm Street, appeared and spoke.
Motion by Gray that the Resolution to GRANT be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 507 – ADOPTED 7-0
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20. CATERING – Janovsky, Sharon, dba “Heartland Café and Catering”, 2615 N
Main Street. New application, Old location. Presently hold a Class “I” Liquor
License. Property posted: 04-21-11; Notification sent: 04-22-11 – see
attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR
MOTION SHOULD BE TO APPROVE OR NOT TO APPROVE))
Sharon Janovsky, 21505 Cedarwood Road, appeared and spoke.
CCID # 508 – Motion by Thompson that the application be approved
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Motion Carried 7-0
21. Candlelight Lounge, Inc., dba “Alderman’s Bar”, 3216 Leavenworth Street,
requests permission for an addition to their present Class “C” Liquor License
location of a beer garden approx. 35’ x 14’ to the east. Property posted:
04-18-11; Notification sent: 04-22-11 – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
Mark McClellan, 1334 South 35th Avenue, appeared and spoke.
CCID # 509 – Motion by Jerram that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Motion Carried 7-0
(a) Communication supporting the application of Candlelight Lounge,
Inc., dba “Alderman’s Bar”, 3216 Leavenworth Street for an addition
to their present Class “C” Liquor License location – see attached.
# 509 – From Chair on File
22. 2607, Inc., dba “Shevy’s”, 2607 N Main Street, requests permission for a Special
Designated License for a dance at Hardscape -lot, 2606 N Main Street on June
24, 2011 from 4:00 p.m. to 2:00 a.m. with music until 1:00 a.m . – see attached.
Jeremy Edelman, 15824 Park Street, appeared and spoke.
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CCID # 510 – Application read
Motion by Thompson that the application be amended to music ending at 12:00
midnight
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Motion Carried 7-0
Motion by Thompson that the request be APPROVED AS AMENDED
Seconded by Stothert
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Motion Carried 7-0
(a) 2607, Inc., dba “Shevy’s”, 2607 N Main Street, requests permission
for a Special Designated License for a beer garden on June 25,
2011 from 7:00 p.m. to 2:00 a.m. with music until 1:00 a.m . – see
attached.
# 511 – Application read
Motion by Thompson that the application be amended to music
ending at 12:00 midnight
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Motion Carried 7-0
Motion by Thompson that the request be APPROVED AS
AMENDED
Seconded by Stothert
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Motion Carried 7-0
(b) 2607, Inc., dba “Shevy’s”, 2607 N Main Street, requests permission
for a Special Designated License for a beer garden on July 16,
2011 from 7:00 p.m. to 2:00 a.m. with music until 1:00 a.m . – see
attached.
# 512 – Application read
Motion by Thompson that the application be amended to music
ending at 12:00 midnight
Seconded by Gernandt
ROLL CALL:
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Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Motion Carried 7-0
Motion by Thompson that the request be APPROVED AS
AMENDED
Seconded by Stothert
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Motion Carried 7-0
(c) 2607, Inc., dba “Shevy’s”, 2607 N Main Street, requests permission
for a Special Designated License for a beer garden on July 23,
2011 from 7:00 p.m. to 2:00 a.m. with music until 1:00 a.m. – see
attached.
# 513 – Application read
Motion by Thompson that the application be amended to music
ending at 12:00 midnight
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Motion Carried 7-0
Motion by Thompson that the request be APPROVED AS
AMENDED
Seconded by Stothert
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Motion Carried 7-0
(d) 2607, Inc., dba “Shevy’s”, 2607 N Main Street, requests permission
for a Special Designated License for a beer garden on August 27,
2011 from 7:00 p.m. to 2:00 a.m. with music until 1:00 a.m . – see
attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
# 514 – Application read
Motion by Thompson that the application be amended to music
ending at 12:00 midnight
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Motion Carried 7-0
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Motion by Thompson that the request be APPROVED AS
AMENDED
Seconded by Stothert
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Motion Carried 7-0
23. Pauli’s, Inc., dba “Pauli’s”, 4014-18 Leavenworth Street, requests permission for
a Special Designated License for a beer garden on June 17 -22, 2011 from 11:00
a.m. to 2:00 a.m. with music until 12:00 midnight. Alternate dates: June 26 -28,
2011 – see attached.
Paul Griego, 511 South Happy Hollow Boulevard, appeared and spoke.
CCID # 538 – Motion by Jerram that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram , Mulligan, Mr. President
Motion Carried 7-0
(a) Pauli’s, Inc., dba “Pauli’s”, 4014-18 Leavenworth Street, requests
permission for a Special Designated License for a beer garden on
June 23-25, 2011 from 11:00 a.m. to 2:00 a.m. with music until
12:00 midnight. Alternate dates: June 29-30, 2011 – see attached.
((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE
OR NOT TO APPROVE))
# 539 – Motion by Jerram that the request be approved
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Motion Carried 7-0
24. Res. that, in accordance with the Lottery Operator's Agreement with the City of
Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red
satellite keno location at 7007 Grover Street , Firewater Grille, in Omaha,
Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt
Blvd., appeared and spoke.
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Motion by Gray that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 487 – ADOPTED 7-0
CONSENT AGENDA
(Any member of the City Council may cause any item placed on the Consent Agenda to
be removed there from. Items removed from the Consent Agenda shall be taken up by
the City Council immediately following the Consent Agenda in the order in which they
were removed unless otherwise taken out of order as otherwise provided by the City
Council Rules of Order.)
(The public hearings on Agenda Item Nos. 25 through 30 were held on April 19, 2011.)
CONSENT AGENDA – ORDINANCES
25. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the
necessary private property for the purpose of the 48 th Street Improvements from
“Q” to “L” Streets, also known as City Project No. OPW 52070, providing that the
City negotiate with the property owners for land acquisition, permanent
easements 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. # 432 –April 12 and April 19 Meetings)
Notice of public hearing on April 19, 2011 published in the Daily Record on
April 15, 2011. Ordinance passed on May 3, 2011 published in the Daily
Record on May 11, 2011.
CCID # 432 – Motion by Gray that the Ordinance be passed
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
ORDINANCE # 38993 PASSED 7-0
26. Ord. to authorize the Purchasing Agent to issue a purchase order to Midwest
Laboratories, Inc. for professional laboratory testing services for the testing of
water and wastewater samples in conjunction with the treatment processes at the
Missouri River Wastewater Treatment Plant and the Papillion Creek Wastewater
Treatment Plant for a contract period of April 1, 2011 to March 31, 2012; to
provide for payments from appropriations of more than one year in accordance
with section 5.17 of the Home Rule Charter of 1956, as amended; to provide for
payments totaling $41,457.25 from specific accounts; and to provide an effective
date hereof – see attached.
(See Doc. # 433 –April 12 and April 19 Meetings)
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Notice of public hearing on April 19, 2011 published in the Daily Record on
April 15, 2011. Ordinance passed on May 3, 2011 published in the Daily
Record on May 11, 2011.
CCID # 433 – Motion by Gray that the Ordinance be passed
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
ORDINANCE # 38994 PASSED 7-0
27. Ord. to accept the bid of Ross Lawn & Landscape to furnish all labor, materials
and equipment to perform grounds maintenance on Dodge/West Dodge Road
Right-of-Way, from 67th Street to 98th Street, in the amount of $33,225.00 per
year for a three-year period beginning January 1, 2011 and ending December
31, 2013, extendible for an additional two -year (2) period at the sole option of the
City, to authorize payment in accordance therewith; to authorize the Purchasing
Agent to issue a purchase order; and to provide an effective date – see attached.
(See Doc. # 434 –April 12 and April 19 Meetings)
Notice of public hearing on April 19, 2011 published in the Daily Record on
April 15, 2011. Ordinance passed on May 3, 2011 published in the Daily
Record on May 11, 2011.
CCID # 434 – Motion by Gray that the Ordinance be passed
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
ORDINANCE # 38995 PASSED 7-0
28. Ord. approving the acceptance of the FY 2011 Midwest HIDTA Grant Award,
#G11MW0008A, from the Executive Office of the President Office of National
Drug Control Policy, in the amount of $270,938.00, to provide funding for the
coordination, investigation, and training activities to combat drug trafficking
during the project period extending from January 1, 2011 to December 31, 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.
(See Doc. # 435 –April 12 and April 19 Meetings)
Notice of public hearing on April 19, 2011 published in the Daily Record on
April 15, 2011. Ordinance passed on May 3, 2011 published in the Daily
Record on May 11, 2011.
CCID # 435 – Motion by Gray that the Ordinance be passed
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
ORDINANCE # 38996 PASSED 7-0
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29. Ord. to amend Section 20-162 of the Omaha Municipal Code to prohibit ticket
scalping for events to be held at TD Ameritrade Park Omaha for an amount
greater than face value on the grounds of such facility or within a one -half mile
radius of such facility; to remove an obsolete reference; and to provide an
effective date – see attached.
(See Doc. # 405 –April 12 and April 19 Meetings)
Notice of public hearing on April 19, 2011 published in the Daily Record on
April 15, 2011. Ordinance passed on May 3, 2011 published in the Daily
Record on May 11, 2011.
CCID # 405 – Motion by Gray that the Ordinance be passed
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
ORDINANCE # 38997 PASSED 7-0
30. Ord. pursuant to Home Rule Charter Section 5.17 involving the payment of
moneys from appropriations of more than one fiscal year; to amend the Interlocal
Cooperation Agreement between the City of Omaha and Douglas County,
Nebraska, controlling the distribution of keno lottery proceeds; to provide that the
County will receive 8.75% of keno proceeds from locations outside the City and
the City will receive 2.0% of the proceeds from those locations; to extend the
Agreement for approximately five (5) years; to provide other administrative terms;
and to provide an effective date – see attached.
(See Doc. # 438 –April 12 and April 19 Meetings)
Notice of public hearing on April 19, 2011 published in the Daily Record on
April 15, 2011. Ordinance passed on May 3, 2011 published in the Daily
Record on May 11, 2011.
CCID # 438 – Motion by Gray that the Ordinance be passed
Seconded by Gernandt
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
ORDINANCE # 38998 PASSED 7-0
(MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE
PASSED))
* * * * * * * * * * * * * *
(The public hearings on Agenda Item Nos. 31 through 50 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
31. Res. that, as recommended by the Mayor, the City Council concurs with the bid
award to Chas. Vrana & Son Construction Co. for Project HSIP -5011(10), State
Control No. 22257, and OPW 51287, being improvements to the intersection of
108th Street and Old Maple Road, in the amount of $604,060.65, with the City’s
local share in the amount of $120,812.13 being paid from the 2006
Transportation Bond Fund 13182, 2011 Issue Transportation Bond Organization
117116, in accord with the approved program agreement with NDOR for the
project; and that the City Council hereby authorizes the Mayor and City Clerk to
sign the construction contract on behalf of the City of Omaha, and that the Mayor
and City Clerk are also authorized to sign the attached NDOR documents – see
attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 488 – ADOPTED 7-0
32. Res. that, as recommended by the Mayor, the Program Agreement with the
Nebraska Department of Roads for rehabilitation of the F Street Bridge, just east
of 80th Street, known as Federal Aid Project BH-5028(4), State Control No.
22284, and OPW 51377, with Federal Funds to pay for 80% of eligible costs, and
the remaining local share, estimated to be $288,680 to be paid from the 2010
Transportation Bond Fund 13183, Future Issue Transportation Bond
Organization to be determined, is hereby approved; and that the City Council
hereby authorizes the Mayor and City Clerk to sign the attached Agreement on
behalf of the City of Omaha – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 489 – ADOPTED 7-0
33. Res. that, as recommended by the Mayor, the Program Agreement with the
Nebraska Department of Roads for intersection improvements at 58th Street and
Northwest Radial Highway, known as Federal Aid Project MAPA-5086(1), State
Control No. 22363, and OPW 51536, with Federal Funds to pay for 80% of
eligible costs, and the remaining local share, estimated to be $141,400 to be paid
from the 2006 Transportation Bond Fund 13182, 2012 Issue Transportation Bond
Organization yet to be determined, is hereby approved; and, that the City Council
hereby authorizes the Mayor and City Clerk to sign the attached Agreement on
behalf of the City of Omaha – see attached.
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Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 520 – ADOPTED 7-0
34. Res. that, as recommended by the Mayor, the Program Agreement between the
City of Omaha and the Nebraska Department of Roads for Project MAPA-
5083(6), State Control No. 22437, OPW 51912, being Omaha Traffic Signals-
Pkg. 6, which includes traffic signalization at the following intersections within the
City of Omaha: 50th and Dodge Streets, 51st and Dodge Streets, 52nd and Dodge
Streets, and 114th and Dodge Streets, with the City’s share of the project cost,
estimated to be $50,200, to be paid from the 2006 Transportation Bond Fund
13182, 2011 Issue Transportation Bond Organization 117116, is hereby
approved; and that the City Council hereby authorizes the Mayor and City Clerk
to sign the attached Agreement on behalf of the City of Om aha – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 521 – ADOPTED 7-0
35. Res. that, as recommended by the Mayor, the Program Agreement between the
City of Omaha and the Nebraska Department of Roads for Project MAPA-
5003(10), State Control No. 22438, and OPW 51924, being the 132 nd Street
Traffic Control System, located at seven intersections along 132nd Street near
West Dodge Road, with the City’s share of the project cost, estimated to be
$42,000, to be paid from the 2006 Transportation Bond Fund 13182, 2011 Issue
Transportation Bond Organization 117116, is hereby approved; and that the City
Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 522 – ADOPTED 7-0
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36. Res. that, as recommended by the Mayor, the Program Agreement between the
City of Omaha and the Nebraska Department of Roads for Project MAPA-
5099(1), State Control No. 22475, OPW 52024, being Traffic Signals, Omaha,
which includes traffic signalization at the following intersections within the City of
Omaha: 13th Street and Jackson Street, 14 th Street and Jackson Street, 46th
Street and Dodge Street, HWS Cleveland Boulevard and West Maple Road,
180th Street and West Maple Road, and 192nd Street and West Maple Road, with
the City’s share of the project cost, estimated to be $187,000 to be paid from the
2006 Transportation Bond Fund 13182, 2011 Issue Transportation Bond
Organization 117116, is hereby approved; and that the City Council hereby
authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of
the City of Omaha – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 523 – ADOPTED 7-0
37. Res. that, as recommended by the Mayor, the Agreement between the City of
Omaha and the State of Nebraska Department of Roads, providing for
resurfacing on certain street segments which are urban extensions of State
Highways or links to the State Highway system, known as Project RD-D2(1032),
State Control No. 22332, and reimbursement from the State of Nebraska
Department of Roads at an amount not to exceed $300,000.00, is her eby
approved; and, that the City Council hereby authorizes the Mayor and City Clerk
to sign the attached Agreement on behalf of the City of Omaha – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 524 – ADOPTED 7-0
38. Res. that, as recommended by the Mayor, the Professional Services Agreement
with HGM Associates, Inc. for professional construction management services on
the 78th Street & West Center Road and 78th Street from West Center to Mercy
Road project, known as Project OPW 51400, is hereby approved; and that the
Finance Department is authorized to pay HGM Associates, Inc. a fee not to
exceed $185,948.72 for these services from the City Capital Improvement Fund
13112, City Capital Improvement Organization 131555; year 2011 expenditure –
see attached.
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Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 525 – ADOPTED 7-0
39. Res. that, as recommended by the Mayor, Amendment No. 2 to the Engineering
Services Agreement with Veenstra & Kimm, Inc. to provide professional services
for the separation of sewers in the Aksarben Village Neighborhood, known as
Project OPW 51151, located north of Center Street at 67th Street, is hereby
approved; further that the Finance Department is authorized to p ay the additional
fee not to exceed $143,513.46 for these engineering services from the Sewer
Revenue Improvement Fund 21124, CSO Control Implementation Organization
116918; Sewer Revenue Bonds will be issued to finance this project – see
attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 526 – ADOPTED 7-0
40. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue Purchase Orders to Ready Mixed Concrete for ready mixed concrete to be
used by Districts 1 and 3 and to Consolidated Concrete to be used by Districts 2,
4 and 5, with both companies being secondary s upplier to the other as needed;
and, that the Finance Department is authorized to pay the cost of ready mixed
concrete purchased under this bid from the Street and Highway Allocation Fund
12131, Pavement Maintenance Organization 116158, year 2011 expenditu res.
Other Departments or Divisions utilizing this bid will pay for such usage from their
respective cost centers – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 527 – ADOPTED 7-0
41. Res. that the sale of the surplus property Southeast of 13th and Nicholas Streets,
as legally described herein; to Midstates Holdings for the sum of $8,125.00 is
hereby approved; that, upon payment of the appraised price, the Mayor shall be
authorized to execute and deliver a deed of such property to Midstates Holdings
– see attached.
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Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 499 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Surplus Declaration and Disposal of City property located
southeast of 13th and Nicholas Streets – see attached.
# 499 – From Chair on File
42. Res. as recommended by the Mayor, Amendment No. 2 to the Professional
Services Agreement with BCDM, Inc. to provide additional services not included
in the scope of the original contract or previous amendment to integrate
community centers into the Public Facilities Master Plan update, is hereby
approved; and that, the Finance Department is authorized to pay the additional
fee not to exceed $30,100.00 for these professional services from the 2006
Recreation and Culture Facilities Bond Fund 13354, Organization 117316, 2011
Issue Recreation and Culture Bond to finance this project – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 500 – ADOPTED 7-0
43. Res. that, the attached Inter-local Agreement between the City of Omaha and the
Metropolitan Area Planning Agency, for the purpose of implementation of the
Carter Lake 2011 Water Quality Improvements, is hereby approved – see
attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 490 – ADOPTED 7-0
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AGENDA ITEM NO. 44 REMOVED FROM THE CONSENT AGENDA AT THE
REQUEST OF THE CITY CLERK
44. Res. that, as recommended by the Mayor, from Sunday, May 29, 2011 through
Sunday, June 5, 2011, Memorial Park, 6005 Underwood Avenue, Omaha,
Nebraska, shall be open 24 hou rs a day to allow visitors to attend the event after
park hours and to accommodate setup and tear down and overnight security for
The Wall that Heals (traveling Vietnam Veterans Memorial and Museum) event –
see attached
Res # 543 – Resolution read
(a) Amendment of the Whole requested by the Parks, Recreation and
Public Property Department – see attached.
Motion by Festersen that the Amendment of the Whole be
ADOPTED AS AMENDED
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr.
President
Res # 543 – ADOPTED AS AMENDED 7-0
45. Res. that, as recommended by the Mayor, between 8:00 p.m. on Thursday, June
30, 2011 through 5:30 a.m. on Saturday, July 2, 2011, Memorial Park, 6005
Underwood Avenue, Omaha, Nebraska, shall be open to accommodate setup
and tear down, and overnight security for the Bank of the West Celebrates
America Concert event – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 491 – ADOPTED 7-0
46. Res. that, as recommended by the Mayor, between 11:00 p.m. on Friday, May
20, 2011 and 6:00 a.m. on Sunday, May 22, 2011, Lawrence Youngman Lake,
192nd & West Dodge Road, Omaha, Nebraska, shall be open to accommodate
setup and tear down of equipment and overnight security for the Omaha
Women’s Triathlon event – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 492 – ADOPTED 7-0
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47. Res. that, as recommended by the Mayor, the attached Website Consulting
Agreement between the City of Omaha and simpleview, Inc. in the amount of
$105,000.00, to upgrade and redesign the visitomaha.com website is hereby
approved; and that, the Finance Director is authorized to provide payment in the
amount of $105,000.00 from Fiscal Year 2011, Fund No. 21109, Organization
No. 115911, Account No. 42239 – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 498 – ADOPTED 7-0
48. Res. that the reappointment by Mayor Jim Suttle of Stuart A. Chittenden as a
member of the Library Board, said term commencing July 1, 2011 and expiring
June 30, 2014, is hereby confirmed – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 493 – ADOPTED 7-0
49. Res. that the reappointment by Mayor Jim Suttle of Anna K. Nubel as the non -
voting ex officio member of the Urban Design Review B oard, to serve a three-
year term commencing on May 6, 2011, and expiring on May 5, 2014, be and
hereby is confirmed and approved – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 542 – ADOPTED 7-0
50. Res. that the appointment by Mayor Jim Suttle of Leanne Zeittlow as an alternate
engineer member of the Urban Design Review Board, to serve a three -year term
commencing on May 10, 2011, and expiring on May 9, 2014, be and hereby is
confirmed and approved – see attached.
Motion by Festersen that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 544 – ADOPTED 7-0
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((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
ORDINANCES ON SECOND READING
51. Ord. approving a Professional Services Agreement with Thiele Geotech, Inc.
involving the 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,
for providing material testing, inspection, and project management services on
OPW 51661, being the 20th and Poppleton Area Sewer Separation for a contract
period of April 1, 2011 through December 31, 2012; to authorize the Finance
Department to pay for the services as outlined in the Agreement an amount not
to exceed $73,400 from the Sewer Revenue Improvement Fund 21124; and to
provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 462 – April 19 Meeting)
CCID # 462 – Public hearing was held today – Final reading set for May 10, 2011
as per City Charter requirements.
52. Ord. to approve a contract with R. R. Bowker for the purchase of a seven year
subscription to Syndetics Classic Display Elements, involving a unique or non -
competitive purchase under Section 5.16 and involving appropriations of more
than one year in conformity with Section 5.17, both of the Home Rul e Charter,
providing for payment in the total amount of $71,397 from certain funds and
providing for the effective date – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 463 – April 19 Meeting)
CCID # 463 – Public hearing was held today – Final reading set for May 10, 2011
as per City Charter requirements.
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: 2011-7 – see attached. ((PUBLIC
HEARING TODAY))
(See Doc. # 451 – April 19 Meeting)
CCID # 451 – Public hearing was held today – Final reading set for May 10, 2011
as per City Charter requirements.
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54. Spec. Ord. levying a special tax assessment for removal and/or trimming of
trees, bushes, shrubs, hedges, and any other vegetation in accordance with
Sections 37-1 through 37-95 of the Omaha Municipal Code of the City of Omaha
– Group No: 2011-8 – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 452 – April 19 Meeting)
CCID # 452 – Public hearing was held today – Final reading set for May 10, 2011
as per City Charter requirements.
55. Spec. Ord. levying a special tax assessment for removal and/or trimming of
trees, bushes, shrubs, hedges, and any other vegetation in accordance with
Sections 37-1 through 37-95 of the Omaha Municipal Code of the City of Omaha
– Group No: 2011-9 – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 453 – April 19 Meeting)
CCID # 453 – Public hearing was held today – Final reading set for May 10, 2011
as per City Charter requirements.
APPEAL RE: BID REJECTION AND RELATED RESOLUTION
56. Robert Lesmeister, representing Western Engineering Co. Inc., appeals the
rejection of their bid of April 6, 2011 for the OPW 52099 - Residential and Major
Street Resurfacing at various locations within the City of Omaha – 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: Craig Knickrehm, Attorney representing Western Engineering Co.
Inc., Walentine, OToole, McQuillan and Gordon Law Firm
Protestant: Brett Niebur, Vice President of Operations, U.S. Asphalt Co., 4956
South 174th Street
For the City: Paul Kratz, City Attorney
CCID # 494 – Motion by Jerram that the bid rejection appeal be denied
Seconded by Gray
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Motion Carried 7-0
(a) Communication from Steve Epley, Vice President of Operations,
Western Engineering Co., Inc., re: the rejection of their bid of April
6, 2011 for OPW 52099 – see attached.
# 494 – From Chair on File
- 25 -
57. Res. that, as recommended by the Mayor, the contract with U.S. Asphalt Co. for
OPW 52099, being Residential and Major Street Resurfacing Contract at various
locations in the amount of $1,514,092.05 (base bid of $1,458,092.05 plus the
potential maximum incentive amount of $56,000.00) is hereby approved; and,
that the Finance Department is authorized to pay the cost of OPW 52099 from
the City Street Maintenance Fund 12129, Surface Restoration Organization
116162, year 2011 expenditures – see attached. ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY))
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 519 – ADOPTED 7-0
RESOLUTIONS
58. Res. that, the attached Christian Worship Center New Visions Omaha (VA) Tax
Increment Financing Redevelopment Project Plan proposes to own one building
located at 1417 North 18th Street, containing 26 one-bedroom apartments
reserved for homeless US Veterans; and recommends the City’s participation
through the allocation of Tax Increment Financing (TIF) in an amoun t up to
$125,000.00 to offset the costs of environmental testing/surveys, soils testing,
architectural/engineering fees and public infrastructure and improvements –
utilities to the site, sidewalks, and landscaping as prepared by the Omaha City
Planning Department, containing a provision for the division of ad valorem taxes
under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as
recommended by the City Planning Department, be and hereby is approved –
over from 4/12/11 for publication and public hearing – had publication – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 430 – April 12 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Phyllis Peterson, Central States Development, 740 South 74th
Street
For the City: Bridget Hadley, Planning Department
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 430 – ADOPTED 7-0
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59. Res. that the attached Omaha Housing for the Homeless, LLC Tax Increment
Financing Redevelopment Project Plan proposes to own one building located at
1425 North 18th Street, containing 14 one-bedroom apartments reserved for
homeless U.S. Veterans, community room and offices for support service
providers to meet with the residents in a professional/private setting; and
recommends the City’s participation through the allocation of Tax Increment
Financing in an amount up to $125,000.00 to offs et the costs of demolition and
excavation, environmental testing/surveys, soils testing, and
architectural/engineering fees, as prepared by the Omaha City Planning
Department, containing a provision for the division of ad valorem taxes under
Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as
recommended by the City Planning Department, be and hereby is approved –
over from 4/12/11 for publication and public hearing – had publication – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 431 – April 12 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Phyllis Peterson, Central States Development, 740 South 74th
Street
For the City: Bridget Hadley, Planning Department
Motion by Gray that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 431 – ADOPTED 7-0
60. Res. that the proposed settlement of the pending case Hawkins Construction v.
City of Omaha, Douglas County District Court, Doc. 1102, No. 316, is approved;
that the Law Department of the City of Omaha is authorized to settle and resolve
all claims in the said case by payment by the City to Hawkins Constructi on
Company in the amount of $1,500,000.00; that the Law Department be
authorized to execute such documents as necessary to carry out the settlement;
and that the Finance Department issue such payment, to be paid from the Sewer
Review Fund – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED
TODAY))
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Res # 545 – ADOPTED 7-0
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“PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NOS. 61 THROUGH 63 SHALL BE LAID OVER
THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING”
61. Res. that the Crossroads District study area with boundaries generally described
as 52nd Street on the east, Western Avenue on the north, 90th Street on the west,
and Pacific Street on the south; more specifically, the study area has boundaries
which include census tracts and block groups: 4600 -3, 4700-2, 6400-4, 6602-3,
6602-4, 6701-1, and 6701-2 is hereby declared a blighted and substandard area
in need of redevelopment – see attached.
Notice of public hearing on May 24, 2011 published in the the Daily Record
and the Omaha World Herald on May 5, 2011 and May 12, 2011.
CCID # 528 – Over three weeks to May 24, 2011 for publication and public
hearing pursuant to City Council Rule VII F.
62. Res. that the attached Lanning-Lund, LLC Tax Increment Financing (TIF) Project
Plan proposes a redevelopment project at the Rorick Apartments building located
at 604 South 22nd Street resulting in the rehabilitation of over 200 market -rate
residential units, the electrical and mechanical systems, adjacent garage
structure, and elevator system; the apartments will be a mixture of studios and,
one and two-bedroom units; the plan recommends the City’s participation
through the allocation of Tax Increment Financing in an amount up to
$1,000,000.00 to offset the costs of rehabilitating the elevator system and garage
structure, and any public improvements as may be required; the plan
contemplates total project cost estimates to be $5,900,000.00 prepared by the
Omaha City Planning Department, containing a provision for the division of ad
valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of
Nebraska, as recommended by the City Planning Department, be and hereby is
approved – see attached.
Notice of public hearing on May 24, 2011 published in the the Daily Record
and the Omaha World Herald on May 5, 2011 and May 12, 2011.
CCID # 529 – Over three weeks to May 24, 2011 for publication and public
hearing pursuant to City Council Rule VII F.
- 28 -
63. Res. the attached Salem Village II Partnership Tax Increment Financing Project
Plan proposing Phase II of the Salem Village Senior Housing Project at the
Miami Heights Senior Development located at 3520 Lake Street and
contemplates a new 3-story, mid-rise, residential housing building with
underground parking comprised of 27 two-bedroom affordable, senior living units
recommends the City’s participation through the allocation of Tax Increment
Financing (TIF) in an amount up to $180,000.00 to offset the costs of site
development, architectural and engineering costs, and any public improvements
as may be required; and, total project cost estimates are $5,416,993.00 with TIF
eligible costs of $286,932.00, prepared by the Omaha City Planning Department,
containing a provision for the division of ad valorem taxes under Section 18 -2147
through 18-2150, Revised Statutes of Nebraska, as recommended by the City
Planning Department, be and hereby is approved – see attached.
Notice of public hearing on May 24, 2011 published in the the Daily Record
and the Omaha World Herald on May 5, 2011 and May 12, 2011.
CCID # 530 – Over three weeks to May 24, 2011 for publication and public
hearing pursuant to City Council Rule VII F.
* * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 64 THROUGH 67
SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON FIRST READING and Planning Board Attachments
64. Ord. to rezone property located Southwest of 42nd and "T" Streets from HI-Heavy
Industrial District to R4-Single-Family Residential District (High Density).
CCID # 540 – Publication to be made and public hearing and third reading to be
held on May 17, 2011 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 42 nd and “T”
Streets from HI to R4 – see attached.
# 540 – Over to 05/17/11
65. Ord. to rezone property located Southwest of 69th and “T” Streets from DR -
Development Reserve District to GI-General Industrial District (portions of which
property lie within the flood fringe).
CCID # 501 – Publication to be made and public hearing and third reading to be
held on May 17, 2011 as per City Charter requirements.
- 29 -
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 69th and “T”
Streets from DR to GI (portions of which property lie within the flood
fringe) – see attached.
# 501 – Over to 05/17/11
66. Ord. to rezone property located Southwest of 185th Avenue and Vinton Street
from AG-Agricultural District to DR-Development Reserve District.
CCID # 531 – Publication to be made and public hearing and third reading to be
held on May 17, 2011 as per City Charter requirements.
67. Ord. to rezone property located Southwest of 185th Avenue and Vinton Street
from AG-Agricultural District to R4-Single Family Residential District (High
Density).
CCID # 532 – Publication to be made and public hearing and third reading to be
held on May 17, 2011 as per City Charter requirements.
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 185 th Avenue
and Vinton Street from AG to DR and R4 – see attached.
# 532 – Over to 05/17/11
* * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 68 THROUGH 73
SHALL BE HELD ON THE SECOND READING”
ORDINANCES ON FIRST READING
68. Ord. approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and Farm Credit Building, LLC, a Nebraska Limited
Liability Company to implement the Farm Credit Building, LLC, Tax Increment
Financing (TIF) Redevelopment Project Plan which provides for the
rehabilitation/retrofit and conversion of the Farm Credit Building located at 206
South 19th Street into a mixed-use commercial and residential redevelopment
project which includes rehabilitating/converting the office floors into 106 market -
rate apartment units, renovating the commercial space, and enlarging the 11 th
floor to house common tenant amenities; the plan also contemplates renovating
the Douglas Street Parking Garage located at 2021 Douglas Street; the
ordinance authorizes the use of $1,750,000.00 in excess a d valorem taxes (TIF)
generated by the development to help fund the cost of the project; and providing
for an effective date – see attached.
CCID # 535 – Publication to be made and public hearing to be held on May 10,
2011 as per City Charter requirements.
69. Ord. approving a redevelopment and tax increment financing loan agreement
with the City of Omaha and the Midtown Properties, LLC, a Nebraska Limite d
Liability Company to implement the Midtown Properties, LLC, Tax Increment
Financing (TIF) Redevelopment Project Plan located at 140 North 41 st Street,
that converts an under-utilized surface parking lot in the Joslyn Castle
Neighborhood area into a new rental, market-rate, and residential townhome
construction project; the project will be comprised of two, new two -story buildings
containing three townhome units per building; to authorize the use of $98,211.00
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 # 536 – Publication to be made and public hearing to be held on May 10,
2011 as per City Charter requirements.
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70. 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 O maha
Economic Development Corporation, a Nebraska non-profit Corporation, 2221 N.
24th Street, Omaha, NE 68110, to convey the property described in the attached
agreement, located between Patrick Avenue, Blondo Street, 24th Street and 25th
Street, in consideration of the sum of One and 00/100 Dollars ($1.00) for
development of supportive housing for homeless persons; there are no expenses
associated with the transfer of the property to Omaha Economic Development
Corporation; and to provide the effective date hereof – see attached.
CCID # 495 – Publication to be made and public hearing to be held on May 10,
2011 as per City Charter requirements.
71. Ord. approving the acceptance of the City of Omaha Violence Prevention
Strategy Phase 2 Grant, with special conditions, Grant Number 10 -VP-5001,
from the State of Nebraska Commission on Law Enforcement and Criminal
Justice, Office of Violence Prevention, in the amount of $151,000.00, with a
match of $78,510, provided grant sub-recipients, to provide funding for violence
prevention and intervention programs in Omaha, during the project period
extending from March 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 # 496 – Publication to be made and public hearing to be held o n May 10,
2011 as per City Charter requirements.
72. Ord. to amend Chapter 43 of the Omaha Municipal Code, entitled “Building,” to
add a new Article IX to provide for the licensing and regulation of general
contractors; and to provide the effective date thereof – see attached.
CCID # 537 – Publication to be made and public hearing to be held on May 10,
2011 as per City Charter requirements.
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73. Ord. to amend certain portions of various special levy ordinances to remove
assessments from property located at 4109 Corby Street, in the City of Omaha,
Douglas County, Nebraska that is owned by the City of Omaha for the purpose of
redevelopment consistent with the City’s neighborhood redevelopment p lan; and
to provide an effective date thereof – see attached.
CCID # 497 – Publication to be made and public hearing to be held on May 10,
2011 as per City Charter requirements.
* * * * * * * * * * * * *
EXECUTIVE SESSION
74. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
Motion by Gray that the meeting be adjourned
Seconded by Jerram
ROLL CALL:
Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President
Motion Carried 7-0
ADJOURNED: 2:44 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 May 3rd, 2011.
WITNESS:
_________________________________ _______________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO ACTING MAYOR
GARRY GERNANDT ON THE 5th DAY OF MAY, 2011, WITH THE EXCEPTION OF
RESOLUTION NO. 488, WHICH WAS PRESENTED TO MAYOR JIM SUTTLE ON
THE 3RD DAY OF MAY, 2011