2019-12-10j
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JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, DECEMBER 10, 2019
@ 2:00 PM
LEGISLATIVE CHAMBERS,
1819 FARNAM STREET
OMAHA, NEBRASKA
OMAHA CITY COUNCILMEMBERS
Chris Jerram – Council President District 3
Vinny Palermo – Council Vice President District 4
Pete Festersen District 1
Ben Gray District 2
Rich Pahls District 5
Brinker Harding District 6
Aimee Melton District 7
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THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, December
10, 2019 immediately following the Board of Equalization Meeting in the Legislative Chambers,
Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President
Chris Jerram.
CALL TO ORDER
City Clerk Elizabeth Butler took the Roll Call: Present were Councilmembers Gray, Harding,
Melton, Pahls, Palermo, Festersen, Mr. President (Jerram); – CCID # 2019-1176.
Council President Chris Jerram led those present in the Pledge of Allegiance.
Councilmember Ben Gray of District No. 2 provided opening remarks.
CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT
City Clerk Elizabeth Butler certified publication in the Daily Record, the Official Newspaper of
the City of Omaha, on December 6, 2019, notice of the Pre-Council and Regular City Council
Meetings, December 10, 2019 – CCID # 2019-1177.
Ms. Butler stated that a current copy of the Open Meeting Act is posted in a white binder on the
east wall of the Legislative Chambers.
PRESENTATIONS AND PROCLAMATIONS
None
PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS
PACIFIC GROVE
City Clerk Elizabeth Butler stated that Items 6 through 10 relate to the same project and would
be considered together.
(Required notice of the public hearing relating to the following development was published in the
Daily Record on November 26, 2019.)
6. ORD. 42057 – An ordinance to rezone property located at 1018 South 90th Street from
R2-Single Family Residential District (Low Density) to R4-Single Family Residential
District (High Density) – (First Reading November 19, 2019; Second Reading
November 26, 2019; Third Reading, Public Hearing and Vote December 10, 2019) –
see attached. (PUBLIC HEARING AND VOTE TODAY)
7. ORD. 42058 – An ordinance to rezone property located at 1018 South 90th Street from
R2-Single Family Residential District (Low Density) to DR-Development Reserve District
– (First Reading November 19, 2019; Second Reading November 26, 2019; Third
Reading, Public Hearing and Vote December 10, 2019) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
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8. ORD. 42059 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay
District in a R4-Single Family Residential District (High Density) and DR-Development
Reserve District located at 1018 South 90th Street, to approve the Development Plan –
(First Reading November 19, 2019; Second Reading November 26, 2019; Third
Reading, Public Hearing and Vote December 10, 2019) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
B. Amendment of the Whole requested by the Planning Department – see attached.
9. RES. 2019-1076 – Res. that, the Final Plat entitled Pacific Grove (formerly Pacific
Hill), a subdivision located inside the city limits, located at 1018 South 90th Street, is
hereby approved and accepted. The applicant is Pacific 90, LLC – Inside City Limits –
see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
10. RES. 2019-1077 – Res. that, the Subdivision Agreement among the City of Omaha,
Pacific 90, LLC, and The Pacific Grove Owners Association, as recommended by the
Mayor, is hereby approved. The Subdivision is to be known as Pacific Grove (Lots 1-7
and Outlots A-B) and is located at 1018 South 90th Street – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Council President Jerram opened the Public Hearing on Items 6 through 10.
The following person(s) appeared and spoke:
PROPONENTS:
Kyle Haase, E&A Consulting Group, 10909 Mill Valley Road
No one else came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Harding that the following items be approved:
Item # 6 ORDINANCE # 42057; Item # 7 ORDINANCE # 42058;
Item # 9 RESOLUTION # 2019-1076; and Item # 10 RESOLUTION # 2019-1077
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
MOTION by Harding, SECOND by Gray that the Amendment of the Whole for ORDINANCE
# 42059 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
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PLANNING ORDINANCES ON FINAL READING WITH PLANNING BOARD ATTACHMENTS
(Required notices of the public hearings relating to the following developments were published
in the Daily Record on November 26, 2019.)
11. ORD. 42060 – An ordinance to rezone property located northwest and northeast of 62nd
and Dodge Streets from R1-Single-Family Residential District (Large Lot) to R3-Single-
Family Residential District (Medium-Density) (property is located within an ACI Overlay
District) – (First Reading November 19, 2019; Second Reading November 26, 2019;
Third Reading, Public Hearing and Vote December 10, 2019) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
B. Amendment of the Whole requested by the Planning Department – see attached.
Council President Jerram opened the Public Hearing on Item 11.
The following person(s) appeared and spoke:
PROPONENTS:
Don Heine, TD2 Engineering, 10836 Old Mill Road
Ralph O’Donnell, 6116 Dodge Street
FOR THE CITY:
Dave Fanslau, Planning Director
No one else came forward, and the public hearing was closed.
MOTION by Festersen, SECOND by Gray that the Amendment of the Whole for
ORDINANCE # 42060 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
12. ORD. 42061 – An ordinance to rezone property located at 4628 Capitol Avenue from
R4(35) Single-Family Residential District (High Density) to R5-Urban Family Residential
District – (First Reading November 19, 2019; Second Reading November 26, 2019;
Third Reading, Public Hearing and Vote December 10, 2019) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Jerram opened the Public Hearing on Item 12.
The following person(s) appeared and spoke:
PROPONENTS:
Ron Hackett, 3515 Oak Ridge Road
No one else came forward, and the public hearing was closed.
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MOTION by Gray, SECOND by Harding that ORDINANCE # 42061 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
13. ORD. 42062 – An ordinance to rezone property located at 1223 and 1231 South 14th
Street from GI-General Industrial District to CC-Community Commercial District – (First
Reading November 19, 2019; Second Reading November 26, 2019; Third Reading,
Public Hearing and Vote December 10, 2019) – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Jerram opened the Public Hearing on Item 13.
The following person(s) appeared and spoke:
PROPONENTS:
Jack Piels, 414 13th Street, Oakland, CA
No one else came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Harding that ORDINANCE # 42062 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
14. ORD. 42063 – An ordinance to rezone the property located at 3116 North 16th Street
from GC-General Commercial District to R7-Medium-Density Multiple-Family Residential
District – (First Reading November 19, 2019; Second Reading November 26, 2019;
Third Reading, Public Hearing and Vote December 10, 2019) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Jerram opened the Public Hearing on Item 14.
No one came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Harding that ORDINANCE # 42063 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
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TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS
15. RES. 2019-1103 – Res. that, the Benson Apartments Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 6152 Military
Avenue, which proposes new construction of a five-story residential apartment building
with 66 structured parking stalls on the first level and a mix of studio, one, and two
bedroom units on the upper four levels, for a total of 97 residential units, and authorizes
the City’s participation through the allocation of TIF in an amount up to $2,067,135.00,
plus accrued interest, to offset TIF eligible expenses including, but not limited to
acquisition, site work, construction of engineered foundations, architectural and
engineering costs, utility line undergrounding and relocations, technical studies, and
public improvements as required, containing a provision for the division of ad valorem
taxes as authorized by Section 18-2147 through 18-2150, Revised Statutes of Nebraska,
as analyzed and determined to be in conformance with the Community Development
Law and as recommended by the City Planning Department, be and hereby is approved
– see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Communication in opposition – see attached.
Council President Jerram opened the Public Hearing on Item 15.
The following person(s) appeared and spoke:
PROPONENTS:
Brent Beller, Attorney for the applicant, 11440 West Center Road
OPPONENTS:
Erin Feichtinger, 2719 North 49th Avenue
FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
MOTION by Festersen, SECOND by Jerram that RESOLUTION # 2019-1103 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
16. RES. 2019-1104 – Res. that, the Hub 1401 Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 1401 Jones
Street, which proposes rehabilitation of a 43,000 square-foot, two-story building, for a
mix of office and retail commercial uses, with dedicated parking available on the
adjacent parcel, and authorizes the City’s participation through the allocation of TIF in an
amount up to $836,191.00, plus accrued interest, to offset TIF eligible expenses
including, but not limited to acquisition, building rehabilitation, architectural and
engineering costs, and public improvements as required, containing a provision for the
division of ad valorem taxes as authorized by Section 18-2147 through 18-2150,
Revised Statutes of Nebraska, as analyzed and determined to be in conformance with
the Community Development Law and as recommended by the City Planning
Department, be and hereby is approved – see attached. (PUBLIC HEARING AND
VOTE TODAY)
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Council President Jerram opened the Public Hearing on Item 16.
The following person(s) appeared and spoke:
PROPONENTS:
Jay Kline, White Lotus Group, 1040 Essex Court
FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Jerram that RESOLUTION # 2019-1104 be approved
ROLL CALL:
Yeas: Gray, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
Abstain: Harding
(Councilmember Harding passed twice due to potential conflict of interest.)
MOTION APPROVED 6-0-1
17. RES. 2019-1105 – Res. that, the Garage Lofts Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 424 South
24th Street, which proposes the demolition of existing structures on the site and new
construction of a three-story, affordable, multi-family housing structure containing 30
units of three and four bedroom apartments and thirty surface parking stalls for tenant
use, and authorizes the City’s participation through the allocation of TIF in an amount up
to $230,000.00, plus accrued interest, to offset TIF eligible expenses including, but not
limited to acquisition, public improvements, architectural and engineering fees and some
site work, containing a provision for the division of ad valorem taxes as authorized by
Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and
determined to be in conformance with the Community Development Law and as
recommended by the City Planning Department, be and hereby is approved – see
attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Jerram opened the Public Hearing on Item 17.
The following person(s) appeared and spoke:
PROPONENTS:
Darin Smith, Arch Icon, 509 Walker Street, Woodbine, IA
FOR THE CITY:
Bridget Hadley, Planning Department
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Gray that RESOLUTION # 2019-1105 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
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SPECIAL USE PERMITS
18. RES. 2019-1078 – Res. that, the Special Use Permit application submitted by Sandra
Delgado for a Special Use Permit to allow Day care services (general) in the R4(35)-
Single-Family Residential District, located at 5815 and 5819 South 14th Street, Omaha,
Nebraska, is hereby approved. The Permits and Inspection Division is directed to issue
the necessary permit therefor, provided the conditions set out in Exhibit "A" of the
referenced application, conditions set out in Exhibit “B”, and all applicable local or state
statutes, ordinances or regulations are complied with. 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. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Jerram opened the Public Hearing on Item 18.
No one came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Melton that RESOLUTION # 2019-1078 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
19. RES. 2019-1079 – Res. that, the Special Use Permit application submitted by Baxter
Cycle Omaha, for a Special Use Permit to allow Auto sales in the CC-Community
Commercial District, located at 13704 P Street, Omaha, Nebraska, is hereby approved.
The Permits and Inspection Division is directed to issue the necessary permit therefor,
provided the conditions set out in Exhibit "A" of the referenced application, conditions set
out in Exhibit “B”, and all applicable local or state statutes, ordinances or regulations are
complied with. 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. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Jerram opened the Public Hearing on Item 19.
No one came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Harding that RESOLUTION # 2019-1079 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
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LIQUOR
20. RES. 2019-1137 – Class “C” Liquor License Application – Fan Tan Club dba Fan Tan
Club located at 5915 Center Street. This is a new application for an old location.
Present licensee is Lorna Lee Brook dba Fan Tan Club, who has a Class “C” Liquor
License – see attached. (POSTPONED FROM THE NOVEMBER 26, 2019 CITY
COUNCIL MEETING, PUBLIC HEARING CONTINUED, VOTE TODAY)
Council President Jerram opened the Public Hearing on Item 20.
The following person(s) appeared and spoke:
PROPONENTS:
Heather Horst, Attorney for the applicant, 6519 Sunshine Drive
Christy Joseph, 3145 South 18th Street
No one else came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Pahls that RESOLUTION # 2019-1137 be approved with the
condition that the applicant return for a review of finances in three months and a general
compliance review in six months
ROLL CALL:
Yeas: Gray, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: Harding
MOTION APPROVED 6-1
21. RES. 2019-1191 – Class "CK" Liquor License Application – Elva’s, LLC, dba "Elva's",
1714 Vinton Street. (This is a new application for a new location). Notice was posted on
the property on 11-26-19; Notification was sent to property owners within 500 feet on 11-
27-19 – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Jerram opened the Public Hearing on Item 21.
The following person(s) appeared and spoke:
PROPONENTS:
Jorge Ornelas, 1714 Vinton Street
No one else came forward, and the public hearing was closed.
MOTION by Palermo, SECOND by Gray that RESOLUTION # 2019-1191 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
22. RES. 2019-1192 – Class "C" Liquor License Application - FT Stop, LLP, dba "Truck It:
Omaha", 5402 South 108th Street. (This is a new application for a new location). Notice
was posted on the property on 11-21-19; Notification was sent to property owners within
500 feet on 11-27-19 – see attached. (PUBLIC HEARING AND VOTE TODAY)
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Council President Jerram opened the Public Hearing on Item 22.
The following person(s) appeared and spoke:
PROPONENTS:
Kevin Wyatt, 1126 Turner Boulevard
Isaiah Renner, 1107 North 86th Street
No one else came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Jerram that RESOLUTION # 2019-1192 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
23. RES. 2019-1193 – Class “I" Liquor License Application – Dano1_Consortium, Inc., dba
"Acadian", 5018 Underwood Avenue. (This is a new application for an old location).
Present licensee is Old Market Ventures, LLC, dba "Kith & Kin", who has a Class "CK"
Liquor License – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Jerram opened the Public Hearing on Item 23.
The following person(s) appeared and spoke:
PROPONENTS:
Dan O’Brien, 5515 Howard Street
No one else came forward, and the public hearing was closed.
MOTION by Festersen, SECOND by Jerram that RESOLUTION # 2019-1193 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
24. RES. 2019-1194 – Addition Application - Emmet's Tavern, Inc., dba "Emmet's Tavern",
2514 Leavenworth Street, requests permission for an addition to the present Class "C"
Liquor License location of an outdoor area approx. 65' x 7' to the south. Notice was
posted on the property on 11-26-19; Notification was sent to property owners within 500
feet on 11-27-19 – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Jerram opened the Public Hearing on Item 24.
The following person(s) appeared and spoke:
PROPONENTS:
Mark McClellan, 4815 Hickory Street
No one else came forward, and the public hearing was closed.
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MOTION by Gray, SECOND by Jerram that RESOLUTION # 2019-1194 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
25. RES. 2019-1195 – Addition Application – Borgata Brewing & Distilling, LLC, dba
"Brickway Brewing & Distilling, 1116 Jackson Street, requests permission for an addition
to the present Class "Z" (Brew Pub) License location of an area approx. 32' x 38' known
as 1108 Jackson Street. Notice was posted on the property on 11-26-19; Notification
was sent to property owners within 500 feet on 11-27-19 – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Council President Jerram opened the Public Hearing on Item 25.
The following person(s) appeared and spoke:
PROPONENTS:
Zac Triemert, 1116 Jackson Street
No one else came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Jerram that RESOLUTION # 2019-1195 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
CONSENT AGENDA
City Clerk Elizabeth Butler stated that any member of the City Council may cause any item
placed on the Consent Agenda to be removed. Items removed from the Consent Agenda shall
be taken up by the City Council immediately following the Consent Agenda in the order in which
they were removed unless otherwise provided by the City Council Rules of Order.
Council President Jerram announced that the public hearings on Agenda Items 26 through 37
were held on November 26, 2019.
(Required notices of the public hearings were published in the Daily Record on November 22,
2019.)
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CONSENT AGENDA – ORDINANCES
26. ORD. 42065 – An ordinance to exercise the option to extend a contract by two years
with DPS, LLC, in the amount of $863,050.00 to be effective from January 1, 2020
through December 31, 2021, initially approved by the City Council by Ordinance No.
40537, for the Transportation of Sludge Cake Project from the Missouri River and
Papillion Creek Water Resource Recovery Facilities, subject to annual CPI increases
capped at 4% based on actual work performed; 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 from specific accounts – (First
Reading November 19, 2019; Second Reading and Public Hearing November 26,
2019; Third Reading December 10, 2019) – see attached.
27. ORD. 42066 – An ordinance to exercise the option to extend a contract by twenty-six
months, with the U.S. Department of Interior’s Geological Survey, for the City of Omaha
Combined Sewer Overflow Monitoring in the amount of $581,300.00 paid for by the City
of Omaha, with contributions by U.S. Geological Survey of $208,500.00, for a total of
$789,800.00, to be effective from January 1, 2020 through February 28, 2023, initially
approved by the City Council by Resolution 823 on June 19, 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 from specific
accounts – (First Reading November 19, 2019; Second Reading and Public Hearing
November 26, 2019; Third Reading December 10, 2019) – see attached.
28. ORD. 42067 – An ordinance approving the Interlocal Agreement between the City of
Omaha and Papio-Missouri River Natural Resource District (PMRNRD), in the amount of
$292,418.00, under which Omaha is to participate with the PMRNRD on the North
Omaha Trail Segment Project, Fiscal years 2020 and 2021, regarding cost-share
involving appropriations of more than one year in accordance with Section 5.17 of the
Home Rule Charter of 1956, as amended; in which the City and PMRNRD will partner to
construct the Project consistent with the terms of the North Omaha Trail Segment –
Trails Assistance Program Interlocal Agreement; to authorize the Finance Department to
receive cost share funds from PMRNRD for the Project not to exceed a total of
$292,418.00, according to the disbursement schedule contained within the Agreement –
(First Reading November 19, 2019; Second Reading and Public Hearing November
26, 2019; Third Reading December 10, 2019) – see attached.
29. ORD. 42068 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and Pilar, LLC, to
implement the 6121 Maple Tax Increment Financing (TIF) Redevelopment Project Plan
for a redevelopment project site located at 6121 Maple Street, which proposes the
rehabilitation of an existing building that will be expanded with a second floor addition,
with proposed uses to include a first-floor, multi-purpose event space with approximately
5,000 square feet, and a second-floor, full-scale restaurant and bar space with outdoor
patio area; the agreement authorizes the use of up to $241,000.00, plus accrued
interest, in excess ad valorem taxes (TIF) generated by the development to help fund
the cost of the project – (First Reading November 19, 2019; Second Reading and
Public Hearing November 26, 2019; Third Reading December 10, 2019) – see attached.
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30. ORD. 42069 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and Highlander Phase III,
LLC, to implement the Nobility Point – Highlander Phase III Tax Increment Financing
(TIF) Redevelopment Project Plan for a redevelopment project site located at 3031
Blondo Street, which proposes the new construction of a three-story, 60-unit rental,
multi-family housing project for seniors 55 and older, with a mix of one and two-bedroom
units and approximately 55 surface parking stalls; the agreement authorizes the use of
up to $200,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by
the development to help fund the cost of the project – (First Reading November 19,
2019; Second Reading and Public Hearing November 26, 2019; Third Reading
December 10, 2019) – see attached.
31. ORD. 42070 – An ordinance to approve the Interlocal Cooperation Agreement between
the City of Omaha and the Papio-Missouri River Natural Resources District and the
Omaha Municipal Land Bank to expand and connect the City Trail System with a portion
of the now abandoned Omaha Belt Railway, known as the “Beltline Trail Project” – (First
Reading November 19, 2019; Second Reading and Public Hearing November 26,
2019; Third Reading December 10, 2019) – see attached.
32. ORD. 42071 – An ordinance requesting that the City Council approve the renaming of
public properties, specifically park properties, known as Gene Leahy Mall, Heartland of
America Park, and the Lewis & Clark Landing to unite all three (3) parks to be named
“The Riverfront.” “The RiverFront” is simple, straightforward and already commonly us ed
to describe part of the area within the Riverfront Revitalization Project. (The
Metropolitan Entertainment & Convention Authority (MECA) submitted an application for
Public Property Naming/Renaming that was forwarded to the Planning Director pursuant
to Chapter 27, Article VI, for consideration; was reviewed by the Planning Department;
was reviewed and recommended by the City Naming Committee; was reviewed and
recommended by the Parks Advisory Board and is now before this Council for
consideration.) – (First Reading November 19, 2019; Second Reading and Public
Hearing November 26, 2019; Third Reading December 10, 2019) – see attached.
33. ORD. 42072 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the U.S. Department of Justice, Office of Community
Oriented Policing Services (COPS), FY 2019 COPS Law Enforcement Mental Health
and Wellness Act (LEMHW A), Award #2019-MH-WX-K003, in the amount of
$99,841.00, during the project period of September 1, 2019 to August 31, 2021; to
provide funding for items authorized in the COPS Financial Clearance Memorandum,
increase the number of Peer Support Trained employees, create a Mobile Peer Support
Application, and prepare a case study that measures the reach and success of the Peer
Support Program; 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 – (First Reading November 19, 2019; Second Reading and Public Hearing
November 26, 2019; Third Reading December 10, 2019) – see attached.
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34. ORD. 42073 – An ordinance (1) to approve an agreement between the City of Omaha
and the Douglas County Board of Commissioners, Douglas County Administrative Office
in the amount of $109,442.00; and (2) to authorize funding for such agreement from the
City of Omaha’s FY 2018 STOP Violence Against Women (VAWA) Grant, Award #18-
VW -0708, awarded by the Nebraska Crime Commission; to provide partial funding for
one (1) full-time Misdemeanor Prosecutor and funding for one (1) full-time Liaison in the
Douglas County Attorney’s Office Domestic Violence Prosecution Unit as part of the
Douglas County Community Response Team; involving appropriations of more than one
year in conformity with Section 5.17 of the Home Rule Charter – (First Reading
November 19, 2019; Second Reading and Public Hearing November 26, 2019; Third
Reading December 10, 2019) – see attached.
35. ORD. 42074 – An ordinance to approve the application for group long term disability
insurance with Lincoln National Life Insurance Company, for provision of group long
term disability insurance for classified and unclassified employees of the AEC,
Functional, CMPTEC, and Civilian Bargaining groups, Department Directors and elected
officials beginning January 1, 2020, for a three year period commencing January 1, 2020
and ending on December 31, 2022, to authorize the Mayor to execute and the City Clerk
to attest to documents required to make such application, including, but not limited to the
Application for Group Insurance (Exhibit A); to authorize payment for such group long
term disability insurance in the amount of $164,051.00 per year for the years 2020, 2021
and 2022 from General Fund 11111, Organization 118018, Account 41331; and
involving the payment of money from appropriations of more than one year in
accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as
amended – (First Reading November 19, 2019; Second Reading and Public Hearing
November 26, 2019; Third Reading December 10, 2019) – see attached.
36. ORD. 42076 – An ordinance to approve an Amendment to Maintenance Services
Addendum to the Master Software License Agreement with ZOLL Data Systems, Inc. to
maintain the RescueNET ePCR Suite that was purchased by Resolution No. 1677 on
December 17, 2013; approval of this Maintenance Agreement is for a term of up to five
years at an initial cost of $22,277.16 per year and will cover upgrades and technical
support for the software during the term; the fees will not increase more than 3% or the
CPI (whichever is lower) annually. (Funds for the purchase of the Amendment to
Maintenance Services Addendum to the Master Software License Agreement are to be
paid from the Omaha Fire Department’s budget, General Fund 11111, EMS Response
114582, Maintenance Contract 42411.) – (First Reading November 19, 2019; Second
Reading and Public Hearing November 26, 2019; Third Reading December 10, 2019) –
see attached.
37. ORD. 42075 – An ordinance approving the Eighteenth Supplemental Agreement among
the City of Omaha, the County of Douglas, and the Omaha-Douglas Public Building
Commission to provide for the issuance of up to the stated principal amount of
$22,000,000.00 of new bonds, in one or more series, to defease and refund of the
Commission's 2008 Bonds, 2010 Bonds, and 2014 Bonds currently outstanding, to
determine the division of responsibility for payment of the new bonds – (First Reading
November 19, 2019; Second Reading and Public Hearing November 26, 2019; Third
Reading December 10, 2019) – see attached.
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MOTION by Melton, SECOND by Gray that the following items be approved:
Item # 26 ORDINANCE # 42065; Item # 27 ORDINANCE # 42066;
Item # 28 ORDINANCE # 42067; Item # 29 ORDINANCE # 42068;
Item # 30 ORDINANCE # 42069; Item # 31 ORDINANCE # 42070;
Item # 32 ORDINANCE # 42071; Item # 33 ORDINANCE # 42072;
Item # 34 ORDINANCE # 42073; Item # 35 ORDINANCE # 42074;
Item # 36 ORDINANCE # 42076; and Item # 37 ORDINANCE # 42075
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
Council President Jerram announced that the public hearings on Agenda Items 38 through 55
were today. He asked that anyone who wished to address the City Council regarding these
items please come to the microphone, indicate the Agenda Item Number being addressed, and
state their name, address, who they represent, and if they were speaking as a proponent or
opponent.
CONSENT AGENDA – RESOLUTIONS
38. RES. 2019-1182 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to InfoSense, Inc. in the amount of $51,160.00 for
the purchase of two (2) Sewer Line Rapid Assessment Tools (SL-RAT) to be utilized by
the Sewer Maintenance Division. (The Finance Department is authorized to pay this cost
from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2019
expenditures.) – see attached.
39. RES. 2019-1183 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Municipal Pipe Tool Company, LLC in the
amount of $27,110.00 for GraniteNet Web Portal CCTV software module access and
services to be utilized by the Sewer Maintenance Division, is hereby approved. (The
Finance Department is authorized to pay the cost of this purchase from the Sewer
Revenue Fund 21121, Maintenance Organization 116511, year 2019 funding.) – see
attached.
40. RES. 2019-1184 – Res. that, as recommended by the Mayor, the Economic Opportunity
Program Agreement, for funding in the amount not to exceed $500,000.00, to be applied
to OPW 53691, for the construction of roadway improvements along US-275 (West
Center Road), west of NE-31 (204th Street), which will be received through the 2018
Transportation Bond Fund 13185, Organization 117117, is hereby approved – see
attached.
41. RES. 2019-1185 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with The Schemmer Associates Inc. in the amount of $22,917.00 to provide
professional engineering services on OPW 53738, the Missouri River Waste Water
Treatment Plant (MRWWTP) is hereby approved. (The Finance Department is
authorized to pay a fee not to exceed $22,917.00 to be paid from the Sewer Revenue
Improvements Fund 21124, Capital Asset Replacement Program Organization 116913,
year 2019 expenditures.) – see attached.
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42. RES. 2019-1186 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Olsson, Inc. in the amount of $85,786.87 to provide design services on
OPW 53691 being the 214th & West Center Road Intersection Project, is hereby
approved. (The Finance Department is authorized to pay a fee not to exceed
$85,786.87, from the Street and Highway Allocation Fund 12131, Construction Survey &
Inspect Organization 116121, year 2019 funding.) – see attached.
43. RES. 2019-1187 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Ehrhart Griffin & Associates, Inc. in the amount of $46,636.00 to provide
professional construction engineering services for OPW 53465, 24th & L to Q Street
Streetscape Renovation Project, is hereby approved. (The Finance Department is
authorized to pay a fee not to exceed $46,636.00 to be paid from the 2018
Transportation Bond Fund 13185, Transportation Bonds Organization 117117, year
2019 expenditures, CIP 2018T519.) – see attached.
44. RES. 2019-1188 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Alfred Benesch & Company in the amount of $498,563.80 to provide
professional construction engineering services on OPW 52884, Crown Point Avenue –
74th Court to Blair High Road Project is hereby approved. (The Finance Department is
authorized to pay a fee not to exceed $498,563.80 to be paid from the 2018
Transportation Bond Fund 13185, Transportation Bonds Organization 117117, year
2019 expenditures, CIP No. 2016T310.) – see attached.
45. RES. 2019-1189 – Res. that, as recommended by the Mayor, the Supplemental
Agreement No. 5 between the City of Omaha and Iteris, Inc. in the amount of $98,811.90
for additional services to provide project administration and other services associated
with the project known as Federal Aid Project MAPA-28(115), State Control No. 22587,
OPW 52496, System Manager for Omaha Signal System, is hereby approved. (To be
paid from the 2018 Transportation Bond Fund 13185, Transportation Bonds
Organization 117117. The City Council hereby authorizes the Mayor and City Clerk to
sign the Agreement on behalf of the City of Omaha.) – see attached.
46. RES. 2019-1190 – Res. that, as recommended by the Mayor, the Municipality Financial
Agreement – State Projects, with the City’s local share of $40,000.00, for Project No.
NH-480-9(9), Control No. 22732, in conjunction with OPW 53749, being the I -480
Creighton Area Bridges Project for the development and construction of improvements
to a portion of bridges along Interstate 480, is hereby approved. (To be paid from the
2018 Transportation Bond Fund 13185, Transportation Bonds Organization 117117, CIP
No. 2004T502) – see attached.
47. RES. 2019-1197 – Res. that, as recommended by the Mayor, the Real Estate Purchase
Agreement between the City of Omaha and Omaha Municipal Land Bank, for the sale of
one City-owned parcel of property; to provide that notwithstanding any provisions of the
Omaha Municipal Code to the contrary and upon completion of the conditions in the
Agreement, the Mayor of the City of Omaha is hereby authorized to execute and deliver
a Special Warranty Deed, and the City Clerk to attest the same, to Omaha Municipal
Land Bank to convey the real property described therein and City Staff are authorized to
execute any other such documents necessary or appropriate to complete the sale of the
real property described in the Agreement, which real property is generally known as
2115 North 26th Street, in consideration of the sum of $1.00; and no expenses
associated with the transfer of these properties – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
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48. RES. 2019-1198 – Res. that, as recommended by the Mayor, the agreement with Steven
Jensen Consulting, L.L.C., for planning consulting services in the amount not to exceed
$75,000.00 for January 1, 2020 through December 31, 2020 is hereby approved. (Funds
shall be payable from FY 2020 General Fund, Fund No. 11111, Administration Organization
No. 109011.) – see attached.
49. RES. 2019-1199 – Res. that, the Deferred Payment Loan and Grant Agreement, as
recommended by the Mayor, to provide funding in the amount of $33,500.00 for the
rehabilitation work to the property located at 3043 Evans Street, Omaha, Nebraska,
68111, owned by Michael S. Royce, Sr., is hereby approved. (Funds in the amount of
$33,500.00 shall be paid as follows: FY 2017 HOME Rental Rehabilitation Program
funds in the amount of $33,500.00, Organization No. 128071, Fund No. 12179) – see
attached.
50. RES. 2019-1200 – Res. that, the Deferred Payment Loan and Grant Agreement, as
recommended by the Mayor, to provide funding in the amount of $24,500.00 for the
rehabilitation work to the property located at 4019 Pratt Street, Omaha, Nebraska,
68111, owned by Bojan Ninkovic, is hereby approved. (Funds in the amount of
$24,500.00 shall be paid as follows: FY 2018 HOME Rental Rehabilitation Program
funds in the amount of $24,500.00, Organization No. 128071, Fund No. 12179.) – see
attached.
51. RES. 2019-1201 – Res. that, the Agreement, as recommended by the Mayor, between
the City of Omaha and the African American Empowerment Network, Inc., in the amount
of $150,000.00, for partial funding of its Career Development Program for the period
from June 1, 2019, through March 31, 2020, is hereby approved. (Funds shall be paid
from the FY 2019 Community Development Block Grant Program, Fund No. 12186,
Organization No. 128072, Award No. 100682.) – see attached.
52. RES. 2019-1202 – Res. that, the City of Omaha retains its membership in the National
League of Cities and pays its dues in the amount of $20,897.00 to be paid from the 2020
General Fund 11111, General Expense 119014, Account 42852 Membership Dues –
see attached.
53. RES. 2019-1203 – Res. that, as recommended by the Mayor, the bid of Jones
Automotive in the amount of $37,591.54, which represents the cost for equipment and
installation for one 2020 Ford Police Utility Vehicle (PUV) for the Omaha Police
Department Canine Unit, is hereby approved. (The Finance Department of the City of
Omaha is authorized to pay the cost of the equipment and installation for the Ford PUV
for the Omaha Police Department Canine Unit in the amount of $37,591.54 from Omaha
Police Department, Year 2019, Equitable Sharing Fund 17121, Organization 177771,
Project 5965, Task D.1, Award 100677, 44234 Cars/Small Trucks/Vans.) – see attached.
54. RES. 2019-1204 – Res. that, as recommended by the Mayor, the purchase based
upon the quote of Galls, LLC in the amount of $69,131.25 for 125 ballistic vest
systems, is hereby approved. (The Finance Department is authorized to pay the cost of
the ballistic vests in the amount of $69,131.25 from the Omaha Police Department, Year
2020, General Fund 11111, Organization 113132 Police Supply, Account 46617 Safety
Equipment.) – see attached.
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55. RES. 2019-1205 – Res. that, as recommended by the Mayor, the Omaha Convention
and Visitor’s Bureau’s appropriation in an amount of $91,420.00 for the hosting
requirement of transportation for the Marketplace delegates, is hereby approved. (The
Finance Director is authorized to make payment in an amount of $91,420.00 from Fiscal
Year 2019, Fund No. 21109 – Omaha Convention and Visitors Bureau, Organization No.
115921 – Sales-Convention, Account No. 42252 – Contract Services – see attached.
Council President Jerram opened the Public Hearing on Items 38 through 55.
No one came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Harding that the following items be approved:
Item # 38 RESOLUTION # 2019-1182; Item # 39 RESOLUTION # 2019-1183;
Item # 40 RESOLUTION # 2019-1184; Item # 41 RESOLUTION # 2019-1185;
Item # 42 RESOLUTION # 2019-1186; Item # 43 RESOLUTION # 2019-1187;
Item # 44 RESOLUTION # 2019-1188; Item # 45 RESOLUTION # 2019-1189;
Item # 46 RESOLUTION # 2019-1190; Item # 47 RESOLUITON # 2019-1197;
Item # 48 RESOLUTION # 2019-1198; Item # 49 RESOLUTION # 2019-1099;
Item # 50 RESOLUTION # 2019-1200; Item # 51 RESOLUTION # 2019-1201;
Item # 52 RESOLUTION # 2019-1202; Item # 53 RESOLUTION # 2019-1203;
Item # 54 RESOLUTION # 2019-1204; and Item # 55 RESOLUTION # 2019-1205
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
______________________________________
ORDINANCE ON FINAL READING
56. ORD. 42077 – An ordinance to amend Section 23-177, 23-178, 23-402, 23-403, 23-404,
23-546, and 23-550 of Chapter 23 of the Omaha Municipal Code to reflect changes
negotiated between the City of Omaha and the Professional Fire Service Manager
Association for the years 2019, 2020, 2021, and 2022; to provide that any ordinances of
the City of Omaha, and any rules and regulations promulgated thereunder, which are in
conflict with this Ordinance shall not be applicable to those employees in the
Professional Fire Service Manager Association – (First Reading November 19, 2019;
Second Reading and Public Hearing November 26, 2019; Third Reading December 10,
2019) – see attached. (VOTE TODAY, REQUIRES SUPER MAJORITY VOTE OF 5
COUNCILMEMBERS)
A. Personnel Board recommends denial.
MOTION by Melton, SECOND by Gray that ORDINANCE # 42077 be approved
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
______________________________________
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ORDINANCES ON SECOND READING
57. ORD. 42082 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code
concerning employment classifications by adding the employment classification entitled
Chief Pilot – Air Support Unit with a salary range of 31.1 MC ($115,086 to $140,525); to
repeal Section 23 - 177 as heretofore existing – (First Reading November 26, 2019;
Second Reading and Public Hearing December 10, 2019; Third Reading December 17,
2019) – see attached. (PUBLIC HEARING TODAY)
A. Personnel Board recommends approval.
Council President Jerram opened the Public Hearing on Item 57.
No one came forward, and the public hearing was closed.
58. ORD. 42083 – An ordinance to approve a premier marketing corporate partnership
agreement between the Omaha Convention and Visitors Bureau and Professional
Convention Management Association (PMCA) in an amount not to exceed $167,000.00
for 2019-2020; $175,000.00 for 2020-2021, and $175,000.00 for 2021-2022; total of
$517,000.00, for promoting the City of Omaha for the period of December 1, 2019
through December 31, 2022, with an option to extend an additional three (3) year term;
to promote the City of Omaha as a premier destination for conventions and meetings; to
authorize the payments specified therein – (First Reading November 26, 2019; Second
Reading and Public Hearing December 10, 2019; Third Reading December 17, 2019) –
see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 58.
No one came forward, and the public hearing was closed.
59. ORD. 42084 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the U.S. Department of Housing and Urban
Development, Office of Public Housing Investments Public and Indian Housing, FY 2019
Choice Neighborhoods Planning and Action Grant, Award #NE7D531CNP19, in the
amount of $1,300,000.00, during the project period extending from September 19, 2019
to March 30, 2023; to provide funding to develop a plan to transform the Southside
Terrace public housing site and surrounding neighborhood, and uniting the Choice
Neighborhoods goals and strategies for a holistic approach to housing, people and
neighborhood; 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 – (First Reading November 26, 2019; Second Reading and Public Hearing
December 10, 2019; Third Reading December 17, 2019) – see attached. (PUBLIC
HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 59.
The following person(s) appeared and spoke:
PROPONENTS:
Cesar Garcia, 618 South 11th Street
FOR THE CITY:
Kellie Johnston Dorsey, Planning Department
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No one else came forward, and the public hearing was closed.
60. ORD. 42085 – An ordinance to amend the agreement dated June 15, 2017 and
Ordinance number 41155 passed June 13, 2017 between the City of Omaha and the
State of Nebraska Probation Office – District 4A in the amount of $108,854.00 for an
amended agreement amount of $210,854.00, the amendment authorizes funding for one
(1) Domestic Violence Unit Assistant, warrant sweep overtime, and training; to authorize
payment from such funding and involving appropriations of more than one fiscal year in
conformity with Section 5.17 of the Home Rule Charter – (First Reading November 26,
2019; Second Reading and Public Hearing December 10, 2019; Third Reading
December 17, 2019) – see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 60.
No one came forward, and the public hearing was closed.
61. ORD. 42086 – An ordinance to amend the agreement dated June 22, 2017 and
Ordinance number 41161 passed June 20, 2017 between the City of Omaha and the
Women’s Center for Advancement in the amount of $155,226.00 for an amended
agreement amount of $319,220.00, the amendment authorizes funding for two (2) 0.5
FTE Bilingual Advocates, supplies, indirect cost, and training; to authorize payment from
such funding and involving appropriations of more than one fiscal year in conformity with
Section 5.17 of the Home Rule Charter – (First Reading November 26, 2019; Second
Reading and Public Hearing December 10, 2019; Third Reading December 17, 2019) –
see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 61.
No one came forward, and the public hearing was closed.
62. ORD. 42087 – An ordinance to amend the agreement dated October 5, 2018 and
Ordinance number 41611 passed October 2, 2018 between the City of Omaha and Toni
G. Jensen, MSW, MPA in the amount of $8,487.00 for an amended agreement amount
of $15,867.00, the amendment authorizes funding for Community Safety and
Accountability Consultant Project Management, Report Writing, and Consultant Mileage;
to authorize payment from such funding and involving appropriations of more than one
fiscal year in conformity with Section 5.17 of the Home Rule Charter – (First Reading
November 26, 2019; Second Reading and Public Hearing December 10, 2019; Third
Reading December 17, 2019) – see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 62.
No one came forward, and the public hearing was closed.
63. ORD. 42088 – An ordinance to approve a Memorandum of Understanding between the
City of Omaha and the Nebraska Public Employees Group, Local 251; this
Memorandum of Understanding provides for increased shift differential pay for Street
Maintenance employees assigned to winter shifts on an experimental basis for the 2019-
2020 winter season – (First Reading November 26, 2019; Second Reading and Public
Hearing December 10, 2019; Third Reading December 17, 2019) – see attached.
(PUBLIC HEARING TODAY)
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Council President Jerram opened the Public Hearing on Item 63.
The following person(s) appeared and spoke:
FOR THE CITY:
Austin Rowser, Public Works Department
No one else came forward, and the public hearing was closed.
64. ORD. 42089 – An ordinance approving a contract between the City of Omaha and RSM
US LLP, to approve and execute an Independent Annual Audit Agreement as provided
in Section 2.21 of the Home Rule Charter of the City of Omaha, 1956, as amended,
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, for
the performance of an audit examination of all City funds and accounts, for the fiscal
years ending December 31, 2019, December 31, 2020, December 31, 2021, December
31, 2022, and December 31, 2023, made in accordance with the Official Proposal
submitted on September 13, 2019, by RSM US LLP – (First Reading November 26,
2019; Second Reading and Public Hearing December 10, 2019; Third Reading
December 17, 2019) – see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 64.
The following person(s) appeared and spoke:
PROPONENTS:
Kevin Smith, 1299 Farnam Street
No one else came forward, and the public hearing was closed.
______________________________________
BID REJECTION APPEALS
COUNCILMEMBER GRAY EXITED THE LEGISLATIVE CHAMBERS AT 4:18 P.M. AND
RETURNED AT 4:20 P.M.
65. RES. 2019-1180 – Firstar Fiber Corporation appeals the rejection of their bid from
October 23, 2019 for the “OPW 53624 – Omaha Recycling Processing Contract 2021-
2026” project – see attached. (MOTION NEEDED TO ALLOW OR DENY THE
APPEAL, IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)
A. Documentation received from Firstar Fiber – see attached.
The following person(s) were called to appear and spoke:
PROPONENTS:
Dale Gubbels, Firstar Fiber Corporation, 10330 I Street
Hal Daub, Attorney, 3014 North 97th Court
FOR THE CITY:
Jim Theiler, Public Works Department
Paul Kratz, City Attorney
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MOTION by Festersen, SECOND by Harding that RESOLUTION # 2019-1180 be postponed
to the December 17, 2019 City Council meeting
ROLL CALL:
Yeas: Harding, Melton, Festersen, Mr. President
Nays: Gray, Pahls, Palermo
MOTION APPROVED 4-3
66. RES. 2019-1181 – All Seasons Turf & Tree appeals the rejection of their bid from
October 23, 2019 for the “City of Omaha – Grounds Maintenance for ROWs (Areas 1 &
3)” – see attached. (MOTION NEEDED TO ALLOW OR DENY THE APPEAL, IF
ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)
The following person(s) were called to appear and spoke:
PROPONENTS:
Ryan Brown, 9730 Saratoga Street
FOR THE CITY:
Ryan Wiesen, Law Department
MOTION by Gray, SECOND by Jerram that RESOLUTION # 2019-1181 be denied
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
NON-ACTION ITEMS
(Items 67 through 93 do not require a public hearing or City Council consideration at the present
meeting, but will be placed on a future agenda for a public hearing and City Council
consideration. The reason for non-action is noted after the item on the agenda as well as the
date the item is expected to appear on an agenda for City Council consideration.)
(CITY COUNCIL WILL NOT MEET ON DECEMBER 24 AND DECEMBER 31, 2019)
ASCENCIO
67. ORD. 42079 – An ordinance to rezone property located southeast of 16th and Pratt
Streets from GI-General Industrial District and HI-Heavy Industrial District to GI-General
Industrial District – (First Reading November 26, 2019; Second Reading December 10,
2019; Third Reading, Public Hearing and Vote December 17, 2019) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
68. RES. 2019-1131 – Res. that, the Preliminary Plat entitled Ascencio, a minor plat inside
city limits, located southeast of 16th and Pratt Streets, along with the conditions, is
hereby accepted; and, the preparation of the final plat of this subdivision is hereby
authorized. The applicant is Leo Ascencio – Inside City Limits – see attached. (LAID
OVER TO THE DECEMBER 17, 2019 CITY COUNCIL MEETING TO COINCIDE WITH
ITEM 67)
A. Planning Board and Planning Department recommend approval – see attached.
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69. RES. 2019-1132 – Res. that, the Final Plat transmitted herewith entitled Ascencio, a
minor plat inside city limits, located southeast of 16th and Pratt Streets, is hereby
approved, and concurrently a portion of the existing plats entitled Schaefer Place and
Bluff View Addition, and described on said replat, is hereby vacated. The applicant is
Leo Ascencio – Inside City Limits – see attached. (LAID OVER TO THE DECEMBER
17, 2019 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 67)
A. Planning Board and Planning Department recommend approval – see attached.
EVERT PLACE
70. ORD. 42080 – An ordinance to rezone property located at 450 South 193rd Plaza
(northwest of 192nd Street and Grey Fawn Plaza) from AG-Agricultural District to DR-
Development Reserve District – (First Reading November 26, 2019; Second Reading
December 10, 2019; Third Reading, Public Hearing and Vote December 17, 2019) –
see attached.
71. ORD. 42081 – An ordinance to rezone property located at 450 South 193rd Plaza
(northwest of 192nd Street and Grey Fawn Plaza) from AG -Agricultural District to R5-
Urban Family Residential District – (First Reading November 26, 2019; Second
Reading December 10, 2019; Third Reading, Public Hearing and Vote December 17,
2019) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
72. RES. 2019-1133 – Res. that, the revised Preliminary Plat entitled Evert Place, a
subdivision outside the city limits, with a waiver of Section 53-8(4), Lot frontage, located
northwest of 192nd Street and Grey Fawn Plaza, along with the conditions, is hereby
accepted; and, the preparation of the final plat of this subdivision is hereby authorized.
The applicant is All Holy Spirit Greek Orthodox Church – Outside City Limits – see
attached. (LAID OVER TO THE DECEMBER 17, 2019 CITY COUNCIL MEETING
TO COINCIDE WITH ITEM 70)
A. Planning Board and Planning Department recommend approval – see attached.
73. RES. 2019-1134 – Res. that, the Final Plat entitled Evert Place (Lots 1-4, Outlots A-F), a
subdivision outside the city limits, located at 450 South 193rd Plaza (northwest of 192nd
Street and Grey Fawn Plaza), is hereby approved and accepted. The applicant is All
Holy Spirit Greek Orthodox Church – Outside City Limits – see attached. (LAID OVER
TO THE DECEMBER 17, 2019 CITY COUNCIL MEETING TO COINCIDE WITH
ITEM 70)
A. Planning Board and Planning Department recommend approval – see attached.
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74. RES. 2019-1135 – Res. that, the Special Use Permit application submitted by All Holy
Spirit Greek Orthodox Church, for a Special Use Permit to allow Assisted Living in a R5-
Urban Family Residential District located at northwest of 192nd Street and Grey Fawn
Plaza, 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 referenced application, conditions set out in Exhibit "B", and all applicable local
or state statutes, ordinances or regulations are complied with. 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. (LAID
OVER TO THE DECEMBER 17, 2019 CITY COUNCIL MEETING TO COINCIDE WITH
ITEM 70)
A. Planning Board and Planning Department recommend approval – see attached.
75. RES. 2019-1136 – Res. that, the Subdivision Agreement among the City of Omaha, All
Holy Spirit Greek Orthodox Church, The Evert Place Owners Association, and Sanitary
and Improvement District (S.&I.D.) 600 of Douglas County, Nebraska, as recommended
by the Mayor, is hereby approved. The Subdivision is to be known as Evert Place (Lots
1-4 and Outlots A-F) and is located at 450 South 193rd Plaza (northwest of 192nd Street
and Grey Fawn Plaza) – see attached. (LAID OVER TO THE DECEMBER 17, 2019
CITY COUNCIL MEETING TO COINCIDE WITH ITEM 70)
SPRUCE 180 REPLAT ONE
76. ORD. 42093 – An ordinance to rezone property located southeast of 181st and Spencer
Streets from AG-Agricultural District and R4-Single-Family Residential District (High
Density) to R4-Single-Family Residential District (High Density) – (First Reading
December 10, 2019; Second Reading December 17, 2019; Third Reading, Public
Hearing and Vote January 7, 2020) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
77. RES. 2019-1178 – Res. that, the Final Plat transmitted herewith entitled Spruce 180
Replat One, a minor plat outside the city limits, located southeast of 181st and Spencer
Streets, is hereby approved, and concurrently a portion of the existing plat entitled
Spruce 180, and described on said replat, is hereby vacated. The applicant is Falcone
Land Co – Outside City Limits – see attached. (LAID OVER TO THE JANUARY 7,
2020 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 76)
A. Planning Board and Planning Department recommend approval – see attached.
78. RES. 2019-1179 – Res. that, the Subdivision Agreement among the City of Omaha,
Spruce 180, LLC, The Spruce 180 Owners Association, and Sanitary and Improvement
District (S.&I.D.) 579 of Douglas County, Nebraska, as recommended by the Mayor, is
hereby approved. The Subdivision is to be known as Spruce 180 Replat One (Lots 1-6)
and is located southeast of 181st and Spencer Streets – see attached. (LAID OVER TO
THE JANUARY 7, 2020 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 76)
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PLANNING ORDINANCES ON SECOND READING WITH PLANNING BOARD
ATTACHMENTS
79. ORD. 42078 – An ordinance to rezone property located northeast of 132nd and Fort
Streets from LC-Limited Commercial District to R7-Medium Density Multiple Family
Residential District – (First Reading November 26, 2019; Second Reading December
10, 2019; Third Reading, Public Hearing and Vote December 17, 2019) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
PLANNING ORDINANCES ON FIRST READING WITH PLANNING BOARD ATTACHMENTS
80. ORD. 42090 – An ordinance to rezone property located northwest of 144th and F Streets
(3727 South 149th Street) from GI-General Industrial District to MU-Mixed Use District
(property is located within an FF-Flood Fringe Overlay District) – (First Reading
December 10, 2019; Second Reading December 17, 2019; Third Reading, Public
Hearing and Vote January 7, 2020) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
81. ORD. 42091 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement for Altech Business Park, located northwest of 144th and F
Streets, to add Lot 9 to the agreement, as well as amend the agreement in relation to
Lots 3 thru 6, 10, and 48, between the City of Omaha and Ted Grace, providing site
development standards – (First Reading December 10, 2019; Second Reading
December 17, 2019; Third Reading, Public Hearing and Vote January 7, 2020) – see
attached.
A. Planning Board and Planning Department recommend approval – see attached.
82. ORD. 42092 – An ordinance to amend the boundaries of the ACI-3(PL)-Areas of Civic
Importance Overlay District, to incorporate into that district the property located at 11540
West Dodge Road – (First Reading December 10, 2019; Second Reading December
17, 2019; Third Reading, Public Hearing and Vote January 7, 2020) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
RESOLUTIONS
83. RES. 2019-1164 – Res. that, the proposed “extremely blighted areas” shown on the map
included in Exhibit “B”, which has a study area generally bounded by 72nd Street on the
west, Harrison Street on the south, the Missouri River on the east, and Interstate 680 on
the north, are hereby declared to meet the definition of “extremely blighted areas” in
compliance with the requirements of Nebraska Community Development Law and are
hereby designated as “extremely blighted areas” – see attached. (LAID OVER TO THE
DECEMBER 17, 2019 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING)
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84. RES. 2019-1196 – Res. that, the Laird Street Habitat 6 Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located between 16th
and 23rd Streets, and Sahler and Pratt Streets, which proposes to construct twelve (12)
single-family homes for lower income home buying households, in an area of North
Omaha centered on Laird Street, and authorizes the City’s participation through the
allocation of TIF in an amount up to $269,500.00, plus accrued interest, to offset TIF
eligible expenses including, but not limited to acquisition, demolition, site preparation,
architectural and engineering fees, and public improvements as required, containing a
provision for the division of ad valorem taxes as authorized by Section 18-2147 through
18-2150, Revised Statutes of Nebraska, as analyzed and determined to be in
conformance with the Community Development Law and as recommended by the City
Planning Department, be and hereby is approved – see attached. (LAID OVER TO THE
JANUARY 7, 2020 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING)
ORDINANCES ON FIRST READING
85. ORD. 42094 – An ordinance to accept the bid from Chopper’s Lawn Service for grounds
maintenance mowing of right-of-ways identified as Area 1, being from 90th Street east to
the Missouri River and from Cuming Street north to the City Limits and Area 3, being
from 90th Street west to 168th Street and from Dodge Street north to the City Limits in
the amount of $186,645.60 per year, for a two year period ending November 30, 2021;
providing for the payments from appropriations of more than one year in accordance
with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the
Purchasing Agent to issue a purchase order – (First Reading December 10, 2019;
Second Reading and Public Hearing December 17, 2019; Third Reading January 7,
2020) – see attached.
86. ORD. 42095 – An ordinance to approve a price agreement of an estimated annual cost
of $30,000.00 effective from January 1, 2020 through December 31, 2020, with three (3)
optional one-year extensions, for Public Works’ Street Maintenance Division uniforms
based on actual services rendered and product provided; to provide for payments from
appropriations of more than one year; to provide for payments from specific accounts –
(First Reading December 10, 2019; Second Reading and Public Hearing December 17,
2019; Third Reading January 7, 2020) – see attached.
87. ORD. 42096 – An ordinance approving an Interlocal Agreement between the City of
Omaha and the Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA) in
the amount of $106,372.00 to provide for the terms and conditions under which Omaha
and MAPA will participate in a project to obtain regional digital map products; 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; to authorize the Finance
Department to pay cost share to MAPA not to exceed $106,372.00 according to the
disbursement terms contained within the Agreement – (First Reading December 10,
2019; Second Reading and Public Hearing December 17, 2019; Third Reading January
7, 2020) – see attached.
88. ORD. 42097 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code
by changing the title of the class specification entitled Visitor Services Manager to
Director of Visitor Services; by changing the title of the class specification entitled
Assistant Visitor Services Manager to Visitor Services Manager; to repeal Section 23 -
177 as heretofore existing – (First Reading December 10, 2019; Second Reading and
Public Hearing December 17, 2019; Third Reading January 7, 2020) – see attached.
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A. Personnel Board recommends approval.
89. ORD. 42098 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code
concerning employment classifications by changing the salary range of the employment
classification entitled Human Resources Information Systems (HRIS) Manager by
moving it from 18 AEC ($69,222 - $81,869) to 22 AEC ($79,830 - $95,534); to repeal
Section 23 - 177 as heretofore existing – (First Reading December 10, 2019; Second
Reading and Public Hearing December 17, 2019; Third Reading January 7, 2020) – see
attached.
A. Personnel Board recommends approval.
90. ORD. 42099 – An ordinance to approve the execution of a Sublease Acknowledgement
and Agreement between the City of Omaha and the Omaha Performing Arts Society, for
a parking lease to the Park Eight parking garage – (First Reading December 10, 2019;
Second Reading and Public Hearing December 17, 2019; Third Reading January 7,
2020) – see attached.
91. ORD. 42100 – An ordinance providing for an amendment to the levy of a general
business occupation tax as requested by the property owner(s) of the Capitol District;
and related matters – (First Reading December 10, 2019; Second Reading and Public
Hearing December 17, 2019; Third Reading January 7, 2020) – see attached.
92. ORD. 42101 – An ordinance to adopt the amended and restated Park Covenants of the
Heartland of America Park – (First Reading December 10, 2019; Second Reading and
Public Hearing December 17, 2019; Third Reading January 7, 2020) – see attached.
93. ORD. 42102 – An ordinance to approve an Interlocal Agreement for an initial term of
five years with Douglas County for the operation of the joint 911 Emergency
Communication System; to provide for the payments called for in said Agreement from a
specific account – (First Reading December 10, 2019; Second Reading and Public
Hearing December 17, 2019; Third Reading January 7, 2020) – see attached.
EXECUTIVE SESSION
94. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT
MOTION by Palermo, SECOND by Festersen that the meeting be adjourned
ROLL CALL:
Yeas: Gray, Harding, Melton, Pahls, Palermo, Festersen, Mr. President
Nays: None
MOTION APPROVED 7-0
MEETING ADJOURNED AT: 5:09 P.M.
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I, ELIZABETH BUTLER, 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 Counc il of the
City of Omaha held on December 10, 2019.
WITNESS: CITY CLERK:
s/Talia Smith s/Elizabeth Butler
_________________________________ ___________________________________
Talia Smith, Senior Administrative Clerk Elizabeth Butler