regular omaha city council meeting november 22, 2011 · 36th regular omaha city council meeting...

36th REGULAR OMAHA CITY COUNCIL MEETING

NOVEMBER 22, 2011

THE CITY COUNCIL met in Regular Session on Tuesday, November 22, 2011 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Thomas Mulligan.

ROLL CALL 1. City Clerk calls the roll.

CCID # 1354 – Present: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President

2. Pledge of Allegiance. 3. Invocation by Councilmember Pete Festersen of District No. 1. 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 November 18, 2011, notice re: Pre-Council and Regular City Council Meetings, November 22, 2011.

CCID # 1355 – 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 amend Sections 55-803 and 55-804 of the Omaha Municipal Code

regarding noise performance standards; to repeal Sections 55-803 and 55-804 as heretofore existing; and to provide the effective date thereof – over from 11/1/11 – see attached. ((PUBLIC HEARING HELD 11/1/11 – CAN BE PASSED TODAY)) (See Doc. # 1241 – October 18, October 25 and November 1 Meetings) Notice of public hearing held November 1, 2011 published in the Daily Record on October 21, 2011. Ordinance passed on November 22, 2011 published in the Daily Record on November 30, 2011. THE FOLLOWING PERSONS APPEARED AND SPOKE: For the City: Paul Kratz, City Attorney Rick Cunningham, Planning Director Chad Weaver, Planning Department Proponent: Tom Everson, Chair, Westwood Heights Neighborhood Association, 12418 “C” Street CCID # 1241 – Ordinance read Motion by Gray that the Ordinance be PASSED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39162 – PASSED AS AMENDED 7-0

(a) Planning Board and Planning Department recommend approval of an amendment to Sections 55-803 and 55-804 of the Omaha Municipal Code regarding noise performance standards – over from 11/1/11 – see attached. (See Doc. # 1241 – October 18 and November 1 Meetings)

# 1241 – From Chair on File

(b) Communication in support of the ordinance to amend 55-803 of the Omaha Municipal Code regarding noise performance standards – over from 11/1/11 – see attached. (See Doc. # 1241 – November 1 Meeting)


(c) Communications in opposition of the ordinance to amend 55-803 of

the Omaha Municipal Code regarding noise performance standards – over from 11/1/11 – see attached. (See Doc. # 1241 – November 1 Meeting)


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(d) Communication from Rick Cunningham, Planning Director, re: Chapter 55 Performance Standards-Noise – see attached.


(e) Amendment requested by Councilmember Stothert – see attached. # 1241 – Motion by Stothert that the Amendment be approved Seconded by Festersen

ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President

Motion Carried 7-0 (f) Amendment requested by Councilmember Festersen – see

attached.

# 1241 – Motion by Festersen that the Amendment be approved Seconded by Gray

ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President

Motion Carried 7-0 (g) Document submitted by the Planning Department re: municipal

noise standards – see attached. # 1241 – From Chair on File

“PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 6 THROUGH 7

SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING”

RESOLUTIONS RE: PRELIMINARY PLATS AND PLATS 6. Res. that the preliminary plat entitled THE AUSTIN AT MIDTOWN, located

southeast of 38th and Davenport Streets, is hereby accepted, and the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on December 6, 2011 published in the Daily Record on November 25, 2011. CCID # 1369 – Over two weeks to December 6, 2011 for publication and public hearing pursuant to City Council Rule VII E.

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(a) Planning Board and Planning Department recommend approval of the Preliminary Plat of THE AUSTIN AT MIDTOWN, located southeast of 38th and Davenport Streets – Inside City – see attached. # 1369 – Over to 12/06/11

7. Res. that the replat transmitted herewith entitled THE AUSTIN AT MIDTOWN, located southeast of 38th and Davenport Streets, is hereby approved, and concurrently a portion of the existing plats entitled Kilby Place and Alamo Plaza, and described on said replat, are hereby vacated – Inside City – see attached. Notice of public hearing on December 6, 2011 published in the Daily Record on November 25, 2011. CCID # 1370 – Over two weeks to December 6, 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 THE AUSTIN AT MIDTOWN, located southeast of 38th and Davenport Streets – Inside City – see attached.

# 1370 – Over to 12/06/11

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“PURSUANT TO CITY COUNCIL RULE VII H

DUE TO NO MEETING BEING HELD NOVEMBER 29, 2011 AGENDAITEM NOS. 8 THROUGH 9

SHALL BE LAID OVER THREE WEEKS TO DECEMBER 13, 2011 FOR PUBLICATION AND PUBLIC HEARING”.

8. Res. that the preliminary plat entitled CHRIST COMMUNITY CHURCH, located at 404 South 108th Court, along with the attached condition, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on December 13, 2011 published in the Daily Record on November 25, 2011. CCID # 1402 – Over three weeks to December 13, 2011 for publication and public hearing pursuant to City Council Rule VII H.






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(a) Planning Board and Planning Department recommend approval of the Preliminary Plat of CHRIST COMMUNITY CHURCH, located at 404 South 108th Court – Inside City – see attached. # 1402 – Over to 12/13/11

9. Res. that the replat transmitted herewith entitled CHRIST COMMUNITY CHURCH, located at 404 South 108th Court, is hereby approved, and concurrently a portion of the existing plat entitled Harney West Professional Addition, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on December 13, 2011 published in the Daily Record on November 25, 2011. CCID # 1403 – Over three weeks to December 13, 2011 for publication and public hearing pursuant to City Council Rule VII H.

(a) Planning Board and Planning Department recommend approval of the Final Plat of CHRIST COMMUNITY CHURCH, located at 404 South 108th Court – Inside City – see attached.

# 1403 – Over to 12/13/11

* * * * * * * * * * * * * * 10. Res. that the preliminary plat entitled IRVINGTON WAREHOUSE CENTER,

located South of 92nd and Fremont Streets, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1371 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the Preliminary Plat of IRVINGTON WAREHOUSE CENTER, located South of 92nd and Fremont Streets – Outside City – see attached. # 1371 – From Chair on File








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11. Res. that the plat entitled IRVINGTON WAREHOUSE CENTER, located South of 92nd and Fremont Streets, is hereby approved and accepted – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Doug Kellner, Thompson, Dreessen & Dorner, 10836 Old Mill Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1372 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the Final Plat of IRVINGTON WAREHOUSE CENTER, located South of 92nd and Fremont Streets – Outside City – see attached. # 1372 – From Chair on File

SPECIAL USE PERMIT – BROADCAST TOWER 12. Res. that the Special Use Permit application submitted by AT&T Wireless, for a

Special Use Permit to allow a Broadcast tower, with a waiver of Section 55-366 Height, to allow a 100’ tall tower in a CC-Community Commercial District, located at 710 ½ North 102nd Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 11/8/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1310 – November 8 Meeting) Sam Mandolfo, 2611 South 117th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1310 – ADOPTED 7-0





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(a) Planning Board and Planning Department recommend approval of the request of AT&T Wireless for a Special Use Permit to allow a Broadcast tower, with a waiver of Section 55-366 Height, to allow a 100’ tall tower in a CC District, located at 710 ½ North 102nd Street – over from 11/8/11 – see attached. (See Doc. # 1310 – November 8 Meeting)

# 1310 – From Chair on File SPECIAL USE PERMIT – DAY CARE SERVICES (GENERAL) 13. Res. that the Special Use Permit application submitted by Westside Early

Childhood for a Special Use Permit to allow day care services (general) in a R2 – Single Family Residential District-Low Density, located at 9030 Western Avenue, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 11/8/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1311 – November 8 Meeting) Andy Rikli, Superintendent, Westside Community Schools, 909 South 76th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1311 – ADOPTED 7-0

(a) Planning Board and Planning Department recommend approval of the request of Westside Early Childhood for a Special Use Permit to allow day care services (general) in a R2 – Single Family Residential District-Low Density located at 9030 Western Avenue – over from 11/8/11 – see attached. (See Doc. # 1311 – November 8 Meeting) # 1311 – From Chair on File




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“PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 29, 2011

AGENDA ITEM NO. 14 SHALL BE LAID OVER THREE WEEKS TO DECEMBER 13, 2011 FOR PUBLICATION AND PUBLIC HEARING”

SPECIAL USE PERMIT – LARGE PROJECT 14. Res. that the Special Use Permit application submitted by Christ Community

Church of the Christian & Missionary Alliance for a Large Project Special Use Permit in a GO-General Office District, located at 404 South 108th Court, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, condition 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 December 13, 2011 published in the Daily Record on November 25, 2011. CCID # 1404 – Over three weeks to December 13, 2011 for publication and public hearing pursuant to City Council Rule VII H.

(a) Planning Board and Planning Department recommend approval of the request of Christ Community Church of the Christian & Missionary Alliance for a Large Project Special Use Permit in a GO District located at 404 South 108th Court – see attached.

# 1404 – Over to 12/13/11

* * * * * * * * * * * * * * LIQUOR 15. Ober Bros, LLC, dba “The OBar”, 15660 West Center Road, requests permission

for an addition to their present Class “C” Liquor License of a beer garden approx. 4’ x 24’ to the east. Property posted: 10-11-11; Notification sent: 10-14-11 – over from 11/1/11 – see attached. ((PUBLIC HEARING HELD 10/25/11 – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) (See Doc. # 1257 – October 25 and November 1 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Jarred Ober, The OBar, 15660 West Center Road For the City: Rick Cunningham, Planning Director Buster Brown, City Clerk



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CCID # 1257 – Motion by Thompson that the request be APPROVED AS AMENDED with a waiver of the beer garden fence requirement. Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Nay: Gernandt

Motion Carried 6-1

(a) Communication from Jarred Ober, President of Ober Bros, LLC, dba “The OBar”, 15600 West Center Road, requesting a waiver of the beer garden fencing requirement – over from 11/1/11 – see attached. (See Doc. # 1257 – October 25 and November 1 Meetings) # 1257 – From Chair on File

(b) Communication from Jay G. Davis, Chief Building Inspector,

Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: Ober Bros, LLC, dba “The OBar”, 15660 West Center Road for an addition to their present Class “C” Liquor License – over from 10/25/11 – see attached. (See Doc. # 1257 – October 25 and November 1 Meetings) # 1257 – From Chair on File

(c) Communication opposing the application of Ober Bros, LLC, dba

“The OBar”, 15660 West Center Road for an addition to their present Class “C” Liquor License – over from 10/25/11 – see attached. (See Doc. # 1257 – October 25 and November 1 Meetings) # 1257 – From Chair on File

(d) Amended diagram submitted by Jarred Ober re: Ober Bros, LLC,

dba “The OBar”, 15660 West Center Road, for an addition to their present Class “C” Liquor License location – see attached. # 1257 – Motion by Thompson that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Nay: Gernandt

Motion Carried 6-1

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16. CLASS “C” – COSIMS, LLC, dba “J. Coco”, 5203 Leavenworth Street. New application, New location. Property posted: 11-04-11; Notification sent: 11-10-11 – 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: Jennifer Coco, 5203 Leavenworth Street Matt Payne, 10250 Regency Circle Motion by Jerram that the Resolution to GRANT be adopted

Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1356 – ADOPTED 7-0

17. CLASS “I” – DENROD Corp., dba “I Don’t Care Bar & Grill”, 3346 North 108th

Street. New application, Old location. Present licensee is Cut Time Bar & Grill, LLC, dba “I Don’t Care Bar & Grill”, 3346 North 108th 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))

THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Denise Brunmeier, 3346 North 108th Street Ron Brunmeier, 3346 North 108th Street

Motion by Gray that the Resolution to GRANT be adopted

Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1357 – ADOPTED 7-0

18. CATERING – Jimi D’s, Inc., dba “Jimi D’s Food & Spirits”, 6303 Center Street,

Suite 106. New application, Old location. Presently holds a Class “C” Liquor License. Property posted: 10-25-11; Notification sent: 11-10-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO APPROVE OR NOT TO APPROVE))

James Diprima, 6303 Center Street, appeared and spoke.

CCID # 1358 – Motion by Gray that the application be approved Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President

Motion Carried 7-0




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19. Six Shooters, Inc., dba “Rednecks”, 3421 South 84th Street, requests permission for an addition to their present Class “C” Liquor License location of a beer garden approx. 24’ x 24’ to the east. Property posted: 11-04-11; Notification sent: 11-10-11 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Robert Sadler, Rednecks, 3421 South 84th Street John Retmeier, Rednecks, 3421 South 84th Street Protestants: Jenna Gappa, 3304 South 82nd Avenue Frank Gappa, 3304 South 82nd Avenue Mary Russell, 3304 South 82nd Avenue, Apt. 1 Kay Barrett, 3616 & 3310 South 82nd Avenue CCID # 1359 – Motion by Gernandt that the request be approved Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Mr. President Nay: Thompson

Motion Carried 6-1

20. American Legion Post 1, 7811 Davenport Street, requests permission to appoint Robert E. Schwer manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Robert Schwer, 2039 North 62nd Street, appeared and spoke.

CCID # 1360 – Motion by Gray that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President

Motion Carried 7-0 21. EHPV Operating Group, LLC, dba “Winners Lounge”, 5413 South 72nd Street,

Suite 110, requests permission to appoint Robert D. Rech manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Bill Harvey, Attorney for EHPV Operating Group, LLC., 11248 John Galt Boulevard, appeared and spoke.

CCID # 1361 – Motion by Gernandt that the request be approved Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President

Motion Carried 7-0




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22. Elkhorn Frat Order 3943, dba “Eagles Fraternal Order 3943”, 20275 Wirt Street, requests permission to appoint Jeffrey K. Fogle manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

CCID # 1362 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President

Motion Carried 7-0 COUNCILMEMBER JERRAM LEAVES THE LEGISLATIVE CHAMBERS 23. Granite City Restaurant Operations, Inc., dba “Granite City Food & Brewery”,

1001 North 102nd Street, requests permission to appoint Jeffrey S. Buntgen manager of their present Class “C” and Class “L” (Brew Pub) Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Jeffrey Buntgen, 343 North 44th Street, Lincoln, NE, appeared and spoke.

CCID # 1363 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President Absent: Jerram

Motion Carried 6-0 24. H. R. D., Inc., dba “Downunder Bar”, 3806 Leavenworth Street, requests

permission to appoint Nora K. Carey manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Nora Carey, 9324 Cuming Plaza, Apt. 19A, appeared and spoke.

CCID # 1364 – Motion by Stothert that the request be approved contingent upon Nora Carey taking alcohol server training course Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President Absent: Jerram

Motion Carried 6-0




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25. JMMS, Inc., dba “Denim & Diamonds”, 302 South 11th Street, requests permission to appoint John Feddin manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

CCID # 1365 – Motion by Gray that the application be laid over two weeks to December 6, 2011 and continue the public hearing Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President Absent: Jerram

Motion Carried 6-0 26. Rick’s Café, LLC, dba “Rick’s Café Boatyard”, 345 Riverfront Drive, requests

permission to appoint Terry L. Wheelock manager of their present Class “C” and Catering Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Terry Wheelock, 8820 North 83rd Avenue, appeared and spoke.

CCID # 1366 – Motion by Gray that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President Absent: Jerram

Motion Carried 6-0 COUNCILMEMBER JERRAM RE-ENTERS THE LEGISLATIVE CHAMBERS 27. Sadle Enterprises, Inc., dba “The Blue Martini”, 10730 Pacific Street, Suites 113-

116, requests permission to appoint Sheri A. Sadle manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Hunter Sadle, 4112 North 84th Street Sheri Sadle, 4112 North 84th Street

CCID # 1367 – Motion by Gray that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President

Motion Carried 7-0



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28. Stir Entertainment Enterprises, Inc., dba “Bar Fly”, 707 North 114th Street, requests permission to appoint Travis J. Saint manager of their present Class “C” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Travis Saint, 2127 North 167th Circle

Ed Rutledge, Stir Entertainment Enterprises Inc., 707 North 114th Street

CCID # 1368 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President Nay: Jerram

Motion Carried 6-1

CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 29 through 34 were held on November 8, 2011.) CONSENT AGENDA – ORDINANCES 29. Ord. to exercise the prior option to extend a contract by two years, to be effective

from January 1, 2012 through December 31, 2013, initially approved by the City Council by Ordinance No. 38595, with Merrell Brothers, Inc. for OPW 51819, being transportation of sludge cake from the Missouri River and Papillion Creek Wastewater Treatment Plants in the amount of $798,940.00; 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; and to provide an effective date hereof – see attached. (See Doc. # 1297 – November 1 and November 8 Meetings) Notice of public hearing held November 8, 2011 published in the Daily Record on November 4, 2011. Ordinance passed on November 22, 2011 published in the Daily Record on November 30, 2011. CCID # 1297 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39163 – PASSED 7-0


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30. Ord. to accept the bids from Navarro Lawn & Landscape, Inc., Elkhorn Lawn, and Alexander Lawns for grounds maintenance mowing of right-of-way at the four Public Works District Yards and the Salt Storage Facility based on bids received on October 5, 2011. This price agreement will be for a two year period ending December 13, 2013 in with a sole option by the City to extend it for two additional years at the same bid price; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; and to provide an effective date hereof – see attached. (See Doc. # 1298 – November 1 and November 8 Meetings) Notice of public hearing held November 8, 2011 published in the Daily Record on November 4, 2011. Ordinance passed on November 22, 2011 published in the Daily Record on November 30, 2011. CCID # 1298 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39164 – PASSED 7-0

31. Ord. authorizing the issuance of a purchase order to NAPA Auto Parts for

automotive and truck filters to be utilized by the Fleet Maintenance Division to be effective for one year from the date of passage of this Ordinance and is extendable on a month to month basis for an additional year at the option of the Purchasing Agent with a maximum of two one-year extensions; 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 a specific account; and to provide an effective date hereof – see attached. (See Doc. # 1299 – November 1 and November 8 Meetings) Notice of public hearing held November 8, 2011 published in the Daily Record on November 4, 2011. Ordinance passed on November 22, 2011 published in the Daily Record on November 30, 2011. CCID # 1299 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39165 – PASSED 7-0



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AGENDA ITEM NO. 32 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER THOMPSON 32. Ord. to change City Council District boundaries, pursuant to Nebraska Revised

Statute Sections 14-201.03 (Reissue 2007) and 32-553 (Reissue 2008); to repeal the City Council District boundaries as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 1308 – November 1 and November 8 Meetings) Notice of public hearing held November 8, 2011 published in the Daily Record on November 4, 2011. Ordinance passed on November 22, 2011 published in the Daily Record on November 30, 2011. Warren Weaver, City Council Chief of Staff, appeared and spoke. CCID # 1308 – Motion by Thompson that the Ordinance be amended to switch North Elkhorn with Barrington Park and Bent Creek Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Thompson Nays: Festersen, Gray, Jerram, Stothert, Mr. President Motion LOST 2-5 Motion by Festersen that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39168 – PASSED 7-0

33. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning

employment classifications by adding the employment classification entitled Traffic Signal Technician III with a salary range of $22.00 to $26.07; to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 1301 – November 1 and November 8 Meetings) Notice of public hearing held November 8, 2011 published in the Daily Record on November 4, 2011. Ordinance passed on November 22, 2011 published in the Daily Record on November 30, 2011. CCID # 1301 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39166 – PASSED 7-0

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34. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Collection Clerk with a salary range of $12.61 to $15.64; to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 1302 – November 1 and November 8 Meetings) Notice of public hearing held November 8, 2011 published in the Daily Record on November 4, 2011. Ordinance passed on November 22, 2011 published in the Daily Record on November 30, 2011. CCID # 1302 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39167 – PASSED 7-0

((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED))

* * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 35 through 56 are today. If you wish to address the City Council regarding these items, please come to the microphone, indicate the Agenda Item Number you wish to address, identify yourself by your name, address, who you represent, and if you are a proponent or opponent.) CONSENT AGENDA – RESOLUTIONS 35. Res. that, as recommended by the Mayor, the contract with Swain Construction,

Inc. for OPW 51947, being construction of nodes at 15th & Farnam Streets in the amount of $34,620.50 is hereby approved; and, that the Finance Department is authorized to pay the cost of OPW 51947 from the 2006 Transportation Fund 13182, 2010 Issue Transportation Bonds Organization 117115, year 2011 expenditures – see attached.

Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1373 – ADOPTED 7-0




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36. Res. that, as recommended by the Mayor, the contract with Rife Construction, Inc. for OPW 52216-SP, being ADA Improvements at Adams Park Community Center located at 3230 John A. Creighton Boulevard in the amount of $187,998.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2006 Public Facilities Bond Fund 13244, Public Facilities Capital Organization 116262, year 2011 expenditures – see attached.


37. Res. that, as recommended by the Mayor, the contract with Navarro Enterprise Construction, Inc. for OPW 52219, being Utility Cut Repairs at Various Locations in the amount of $490,690.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Capital Special Assessments Fund 13573, Special Assessments Organization 116168, year 2011 expenditures – see attached.


38. Res. that, as recommended by the Mayor, the contract with Swain Construction,

Inc. for OPW 52220, being Emergency Concrete Pavement Repair at Various Locations in the amount of $333,787.75 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Capital Special Assessments Fund 13573, Special Assessments Organization 116168, year 2011 expenditures – see attached.





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39. Res. that, as recommended by the Mayor, the City Council concurs with the bid award to Hawkins Construction Co. for Project MAPA-5103(14), State Control No. 22353, and OPW 50408, being improvements to the 10th Street Bridge, located between Farnam Street and Douglas Street, in the amount of $3,784,502.95, with the City’s local share in the amount of $794,746 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.


40. Res. that, as recommended by the Mayor, the City Council concurs with the bid

award to Commonwealth Electric Company of the Midwest for Project MAPA-5046(3), State Control No. 22501, and OPW 52023, being improvements to the intersection of St. Mary’s Avenue and Park Avenue, in the amount of $75,140.37, with the City’s local share in the amount of $15,780 being paid from the 2006 Transportation Bond Fund 13182, 2010 Issue Transportation Bond Organization 117115, 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.



award to Chas. Vrana & Son Construction Co. for Project STPC-5001(15), State Control No. 22202, and SP-00-14, being improvements to 144th Street from West Dodge Road to Franklin Street, in the amount of $3,594,823.78, with the City’s local share in the amount of $754,913 being paid from the 2006 Transportation Bond Fund 13182, 2010 Issue Transportation Bond Organization 117115, 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.





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award to Navarro Enterprise Construction for Project MAPA-5001(18), State Control No. 22498, and OPW 52098, being Omaha Concrete Repair, Pkg. 1, in the amount of $1,159,411.39, with the City’s local share in the amount of $243,476 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: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1380 – ADOPTED 7-0

43. Res. that, as recommended by the Mayor, Maintenance Agreement No. 1

between the State of Nebraska Department of Roads and the City of Omaha to provide routine maintenance on street segments of the City street system which are also extensions of State highways within the City limits from January 1, 2012 to December 31, 2012 for the sum of $619,017 payable to the City of Omaha is hereby approved – see attached.


44. Res. that, as recommended by the Mayor, the Public Works Department

requests that the contract with Trans-Continental Consultants, Inc. for construction inspection and project management services for facilities remodeling and construction projects for the year 2012 be approved; further that the Finance Department is authorized to pay an amount not to exceed $129,160.00 for construction inspection and project management services for the year 2012 from various project funding sources as identified in the City’s Capital Improvement Program (Public Facility Bond, Public Safety Bond, Library Capital Bond, MIRF, etc.) – see attached.




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45. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to

issue a Purchase Order to Sprinter of Omaha-Mercedes Benz of Omaha for the purchase of a ¾ ton walk-in cargo van in the amount of $44,899.00 to be utilized by the Traffic Division; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Parking Meters Organization 116183, year 2011 expenditures – see attached.


46. Res. that, as recommended by the Mayor, the contract with Swain Construction

for manhole repairs in the area of the former Sanitary and Improvement District No. 347, also known as “Pacific Meadows”, is hereby approved; and that the Finance Department is authorized to pay the cost of this contract in the amount of $41,505 from the Sewer Revenue Improvements Fund 21124, Neighborhood Sewer Renovation Organization 116911 – see attached.


47. Res. that, bids from Action Contracting, B & W Co., Cockerill Enterprises, Inc.,

Fucinaro Excavating Co., Inc., Gruhn Trucking, Inc., Hatcher Mobile Services, Josh Tedder Construction, Inc., Kenyon Construction Services, Leeway Trucking, Inc., McArdle Grading Co., Navarro Enterprise Construction, Pink Grading, Inc., Pioneer Excavating Co. LLC, QCI, and Sorensen Construction Co., Inc. for snow hauling equipment rentals for the 2011-2012 winter season as detailed in the bid tabulation, be accepted; and, that the Public Works Department be authorized to negotiate with additional contractors for equipment at the same rate or less and enter into a contract not to exceed the highest bid accepted. The Finance Department is authorized to pay the cost of snow hauling equipment rentals from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2010 expenditures – see attached.




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48. Res. that the attached loan agreement, as recommended by the Mayor, to

provide a Lead-based Paint Hazard Control loan payment in the amount of $166,877.00 for the lead hazard control work at the property located at 3108 Davenport Street, Omaha, Nebraska 68131; Lawrence D. Hoffman and Carol Ann Hoffman, Trustees of the Hoffman Family Funnel Trust; through the Lead Based Paint Hazard Control Program is hereby approved. The contract is to be awarded to Lambs Remodeling. Grant funds shall be paid from Lead-based Paint Hazard Control Program, Fund No. 12136, Organization 128104 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1386 – ADOPTED 7-0

49. Res. that, the attached Interlocal Agreement between the City of Omaha and (S&ID) No. 326, Lake Cunningham Hills and (S&ID) No. 445, Lake Cunningham Ridge, for construction of a sidewalk/trail extension along the north side of Lake Cunningham Drive from the west line of Lake Cunningham Hills to the entrance drive into the Lake Cunningham Recreation Area, located at 8660 Lake Cunningham Road, is hereby approved – see attached.


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50. Res. that, as recommended by the Mayor, the purchase based upon the quote of L3 Communications, providing a unique and non-competitive service, in the amount of $205,500.00, for a Sonoma EO M12DS-650 Turret System/Forward Looking Infrared (FLIR) Camera for the Omaha Police Department Air Support Unit, is hereby approved, such approval being given by the City of Omaha as specified by the UASI Grant requirements providing that such equipment will be purchased from the Nebraska Emergency Management Agency (NEMA) FY2010 Homeland Security Grant, Urban Area Security Initiative (UASI), Grant Award #2010-SS-T8-0013, grant amount $1,013,087.00, and detailed in the spending approved by City Council September 13, 2011, Ordinance No. 39112, Grant Period October 1, 2010 through July 31, 2013, is hereby approved; and that the Finance Department of the City of Omaha is authorized to pay $150,000.00 for the cost of the FLIR from Year 2011, Fund 12151, Organization 130762, Project 3701, Task 04.01.03, Award 920, Account 47012 Equipment Non-Vehicle; and $55,500.00 from Year 2011, General Seized Assets Fund 12156, Organization 130711, Account 47012 Equipment Non-Vehicle – see attached.


51. Res. that the reappointment by the Mayor of Scott Falcone as the Commercial Union representative of the Air Conditioning/Air Distribution Board, to serve a two- year term, said term to commence on November 29, 2011, and expire on November 28, 2013, be and hereby is confirmed – see attached.


52. Res. that the reappointment by the Mayor of John Rybensky as the Residential

Non-Union representative member of the Air Conditioning/Air Distribution Board, to serve a three- year term, said term to commence on November 29, 2011, and expire on November 28, 2014, be and hereby is confirmed – see attached.


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53. Res. that the appointment by the Mayor of Cheryl Kiel as the Architect member of the Building Board of Review, said term to commence on November 22, 2011, and expire on November 21, 2014, is hereby confirmed – see attached.


54. Res. that, the reappointment by Mayor Suttle of Van C. Deeb as a City resident member of the Planning Board to serve a five-year term commencing December 15, 2011, and expiring December 14, 2016, be and hereby is confirmed and approved – see attached.


55. Res. that the reappointment by the Mayor of James M. Miller as a member of the Stationary Engineers Examiners Board to serve a two-year term, said term to commence on November 22, 2011 and expire on November 21, 2013, is hereby confirmed – see attached.


56. Res. that the reappointment by the Mayor of Frank Reida as a member of the

Stationary Engineers Examiners Board to serve a two-year term, said term to commence on November 22, 2011 and expire on November 21, 2013, is hereby confirmed – see attached.


((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED))

* * * * * * * * * * * * *

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ORDINANCE ON FINAL READING 57. Ord. to amend Chapter 20 of the Omaha Municipal Code entitled “Offenses” by

amending Article VII entitled “Weapons,” Division 1 entitled “Generally,” and Division 2 entitled “Firearm Registration”; and to provide the effective date thereof – over from 10/25/11 – see attached. ((PUBLIC HEARING HELD 10/18/11 – CAN BE PASSED TODAY)) (See Doc. # 1202 – October 4, October 18 and October 25 Meetings) Notice of public hearing held November 8, 2011 published in the Daily Record on November 4, 2011. Ordinance passed on November 22, 2011 published in the Daily Record on November 30, 2011. Michelle Peters, Assistant City Attorney, appeared and spoke. CCID # 1202 – Ordinance read

(a) Amendment requested by Councilmember Stothert – over from

10/25/11 – see attached. (See Doc. # 1202 – October 25 Meeting) # 1202 – Motion by Gray that the Amendment be approved

Seconded by Stothert ROLL CALL: Yeas: Gernandt, Gray, Stothert, Mr. President Nays: Festersen, Jerram, Thompson

Motion Carried 4-3 (b) Amendment of the Whole requested by the Law Department – see

attached.

#1202 - Motion by Gray that the Amendment of the Whole be PASSED AS AMENDED Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Mr. President Nays: Stothert, Thompson ORDINANCE # 39169 – PASSED AS AMENDED 5-2

(c) Communication from Michelle A. Peters, Assistant City Attorney, re: Gun Ordinance and changes to existing proposed ordinance – see attached. # 1202 – From Chair on File

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“PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 29, 2011 THE THIRD

READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 58 THROUGH 63 SHALL BE HELD ON DECEMBER 6, 2011”

ZONING ORDINANCES ON SECOND READING 58. Ord. to rezone property located at 3725 1/2 Ohio Street from GI-General

Industrial District to R4-Single Family Residential District-High Density. (See Doc. # 1339 – November 8 Meeting) CCID # 1339 – ORDINANCE ON SECOND READING – Final reading to be held on December 6, 2011 pursuant to City Council Rule VII H.

59. Ord. to rezone property located north of Ohio Street and east of 137th Street from R3-Single Family Residential District-Medium Density to R4-Single Family Residential District-High Density. (See Doc. # 1340 – November 8 Meeting) CCID # 1340 – ORDINANCE ON SECOND READING – Final reading to be held on December 6, 2011 pursuant to City Council Rule VII H.

60. Ord. to rezone property located at 16909 Pacific Street from AG-Agricultural

District and R3-Single-Family Residential District (Medium Density) to R4-Single-Family Residential District (High Density). (See Doc. # 1341 – November 8 Meeting) CCID # 1341 – ORDINANCE ON SECOND READING – Final reading to be held on December 6, 2011 pursuant to City Council Rule VII H.

61. Ord. to rezone the property located Northeast of 210th Street and West Dodge

Road from CC - Community Commercial District to LO - Limited Office District. (See Doc. # 1342 – November 8 Meeting) CCID # 1342 – ORDINANCE ON SECOND READING – Final reading to be held on December 6, 2011 pursuant to City Council Rule VII H.

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62. Ord. to amend the boundaries of the ACI-1(PL) district of the Area of Civic Importance Overlay District, to incorporate into that district the property generally located from Farnam Street and Harney Street from Turner Boulevard to South 42nd Street; and to provide for an effective date – see attached. (See Doc. # 1345 – November 8 Meeting) CCID # 1345 – ORDINANCE ON SECOND READING – Final reading to be held on December 6, 2011 pursuant to City Council Rule VII H.

63. Ord. to amend the boundaries of the ACI-1(PL) district of the Area of Civic

Importance Overlay District, to incorporate into that district the property generally located from North 30th Street from Sprague Street to Sorensen Parkway, Ames Avenue from North 28th Avenue to North 33rd Street; and to provide for an effective date – see attached. (See Doc. # 1346 – November 8 Meeting) CCID # 1346 – ORDINANCE ON SECOND READING – Final reading to be held on December 6, 2011 pursuant to City Council Rule VII H.

* * * * * * * * * * * * *

“PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 29, 2011 THE THIRD READING ON AGENDA ITEM NOS. 64 THROUGH 71 SHALL BE HELD ON DECEMBER 6, 2011”

((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCE ON SECOND READING and Planning Board Attachment 64. Ord. vacating a 5,474 square foot portion of 78th Street right-of-way south of

West Center Road in the City of Omaha and providing the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1347 – November 8 Meeting) CCID # 1347 – Motion by Jerram to continue the public hearing to the third reading on December 6, 2011 Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 7-0




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(a) Planning Board and Planning Department recommend approval of the vacation of a 5,474 square foot portion of 78th Street right-of-way south of West Center Road – Inside City – see attached. (See Doc. # 1347 – November 8 and November 22 Meetings) # 1347 – Over to 12/06/11

(b) Communication from Warren R. Whitted Jr., Attorney representing the applicant, re: the ordinance vacating a 5,474 square foot portion of 78th Street right-of-way south of West Center Road – see attached.

# 1347 – Over to 12/06/11

ORDINANCES ON SECOND READING

65. Ord. approving a Redevelopment and Tax Increment Financing Loan Agreement between the City of Omaha and 1201 Howard, LLC, which provides for Tax Increment Financing (TIF) in the amount of $632,500.00 for the redevelopment of a site located at 1201 Howard Street in Omaha, Nebraska into a new, mixed-use development that will include an additional 5,000 sq. ft. of new retail space in addition to new market-rate apartments on the upper floors as detailed in the Redevelopment Project Plan; and providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1348 – November 8 Meeting) CCID # 1348 – Public hearing was held today – Final reading set for December 6, 2011 pursuant to City Council Rule VII H.

66. Ord. approving a redevelopment and tax increment financing loan agreement

between the City of Omaha and 3703 Davenport, LLC, a Nebraska Limited Liability Company to implement the 3703 Davenport, LLC, Tax Increment Financing (TIF) Redevelopment Project Plan for the project site located at 3703 Davenport Street proposing the phasing-in of the rehabilitation of the five apartment structures by overhauling the electrical and mechanical systems in the buildings, and by rehabilitating each of the 54 apartment units, in addition to constructing six basement apartment units to meet requirements of the Americans With Disabilities Act (ADA); the agreement authorizes the use of $400,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1349 – November 8 Meeting) CCID # 1349 – Public hearing was held today – Final reading set for December 6, 2011 pursuant to City Council Rule VII H.

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67. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and LFive, LLC, a Nebraska Limited Liability Company, to implement the Dundee Ridge Medical Tax Increment Financing (TIF) Redevelopment Project Plan at the project site located at 4825 Dodge Street; the agreement proposes construction of 6,200sf of Class “A” medical office space for the new and expanded offices of the Children’s Physicians/Children’s Hospital and Medical Center; the agreement authorizes the use of $250,000.00 in excess ad valorem taxes generated by the development to help fund the cost of the project; and providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1350 – November 8 Meeting) Bridget Hadley, Planning Department, appeared and spoke. CCID # 1350 – Public hearing was held today – Final reading set for December 6, 2011 pursuant to City Council Rule VII H.

68. Ord. to provide for approving a contract, involving appropriations of more than

one year in conformity with Section 5.17 of the Home Rule Charter with U.S. Bank to provide banking services for the City; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1351 – November 8 Meeting) CCID # 1351 – Public hearing was held today – Final reading set for December 6, 2011 pursuant to City Council Rule VII H.

69. Ord. approving the acceptance of the COPS Hiring Grant Program, Grant

Number 2011-UL-WX-0022, from the US Department of Justice, Community Oriented Policing Services, in the amount of $2,624,610, to provide funding to hire and retain ten new police officers with the Omaha Police Department, during the project period extending from September 1, 2011 to August 31, 2014; 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. ((PUBLIC HEARING TODAY)) (See Doc. # 1309 – November 8 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: For the City: Alex Hayes, Police Chief Pam Spaccarotella, Finance Director CCID # 1309 – Public hearing was held today – Final reading set for December 6, 2011 pursuant to City Council Rule VII H.



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70. Ord. (1) to approve (a) an Agreement between the City of Omaha and the Douglas County Juvenile Assessment Center in the amount of $42,637; and (b) an Agreement between the City of Omaha and Heartland Family Service in the amount of $33,135; and (2) to authorize funding for such agreements from the Omaha/Douglas County Juvenile Accountability Block Grant Phase 13, #10-JA-0604, Fund 12159, Organization 130802; to provide funding for juvenile services and justice programs in Omaha; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1352 – November 8 Meeting) CCID # 1352 – Public hearing was held today – Final reading set for December 6, 2011 pursuant to City Council Rule VII H.

71. Ord. to amend Chapter 25 of the Omaha Municipal Code entitled “Police” by deleting Sec. 25-8 entitled “Gang involved crime statistics”; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1305 – November 8 Meeting) Alex Hayes, Police Chief, appeared and spoke. CCID # 1305 – Public hearing was held today – Final reading set for December 6, 2011 pursuant to City Council Rule VII H.

(a) Communication from the Police Department re: Gang involved

crime statistics – see attached.

# 1305 – Over to 12/06/11

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RESOLUTIONS 72. Res. that the Mayor is authorized to execute and the City Clerk to attest the

attached agreement between the City of Omaha, Oharco Land Holding Company, LLC, a Nebraska limited liability company and Property Purchases, LLC, a Nebraska limited liability company, which resolves any and all pending disputes arising out of the City’s acquisition of property at 1144 North 11th Street, which is docketed in the County Court as CI11-25828 in a lawful manner – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

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Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1423 – ADOPTED 7-0

73. Res. that at the request of Councilmember Thompson, the legislative package of the City of Omaha for the Second Session of the One-Hundred and Second Legislature of the State of Nebraska shall include a proposal to amend existing statutes to end the sunset provision that allows cities the ability to charge a wheel occupation fee through December 31, 2012 in its extra-territorial jurisdiction – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

CCID # 1413 – Motion by Thompson that the Resolution be placed on file Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President

Motion Carried 7-0

(a) Communication from Jack Cheloha, City Lobbyist, re: 2012 State Legislative Agenda – see attached.


74. Res. that at the request of Councilmember Thompson, the legislative package of the City of Omaha for the Second Session of the One-Hundred and Second Legislature of the State of Nebraska shall include a proposal to amend existing statutes to change employment and wage laws to state that an employer will pay an employee for unused vacation or sick leave on separation at the same rate of pay each respective hour was accumulated – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: John Corrigan, representing several labor unions, 1411 Harney

Street For the City: Paul Kratz, City Attorney Bernard in den Bosch, Assistant City Attorney Pam Spaccarotella, Finance Director

CCID # 1414 – Motion by Thompson that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gernandt, Stothert, Thompson Nays: Festersen, Gray, Jerram, Mulligan Motion LOST 4-3

* * * * * * * * * * * * *



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CCID # 1426 - Motion by Gray to go into Executive Session at 4:08 P.M. for the purpose of discussing cable franchise contract negotiations Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Thompson, Gernandt, Mr. President Nays: Stothert, Festersen Motion Carried 5-2

CITY COUNCIL PRESIDENT MULLIGAN STATED THAT THE CITY COUNCIL IS GOING INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING CABLE FRANCHISE CONTRACT NEGOTIATIONS ONLY CCID # 1427 – Motion by Jerram to come out of Executive Session at 5:20 P.M.

Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Thompson, Festersen, Gernandt, Mr. President Absent: Stothert Motion Carried 6-0

CITY COUNCIL PRESIDENT MULLIGAN STATED THAT WHILE IN EXECUTIVE SESSION THE CITY COUNCIL DISCUSSED CABLE FRANCHISE CONTRACT NEGOTIATIONS ONLY

* * * * * * * * * * * * * COUNCILMEMBER STOTHERT RE-ENTERS THE LEGISLATIVE CHAMBERS 75. Res. that at the request of Councilmember Thompson, the legislative package of

the City of Omaha for the Second Session of the One-Hundred and Second Legislature of the State of Nebraska shall include a proposal to amend existing statutes to allow law enforcement personnel the discretion to immediately tow and impound a motor vehicle of any driver who cannot provide current proof of insurance on the vehicle and, upon showing of proof of insurance, the owner may retrieve the vehicle after payment of all accumulated towing, impound and storage fees – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

Motion by Thompson that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Stothert, Thompson, Mr. President Nay: Gray Res # 1415 – ADOPTED 6-1


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(a) Communication from Marty Conboy, City Prosecutor, re: the proposal to amend existing statutes to allow law enforcement personnel the discretion to immediately tow and impound a motor vehicle of any driver who cannot provide current proof of insurance on the vehicle – see attached.


76. Res. that at the request of Council President Mulligan, the legislative package of

the City of Omaha for the Second Session of the One-Hundred and Second Legislature of the State of Nebraska shall include support for legislation, if introduced, to eliminate or lessen the 5-minute rule between keno games – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: Bill Harvey, Attorney representing Big Red Keno, 11248 John Galt

Boulevard Protestants: Pat Lunger, 2221 South 141 Court James Patterson, 1102 Overland Trail, Papillion Trinity Hope

Church, 4030 Redman Circle (as announced by Buster Brown, City Clerk)

Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Mr. President Nays: Stothert, Thompson Res # 1416 – ADOPTED 5-2

(a) Communication from William Femi Awodele, Executive Director,

Christian Couples Fellowship International Inc., in opposition to the resolution to support the legislation to eliminate or lessen the 5-minute rule between keno games – see attached. # 1416 – From Chair on File

77. Res. that at the request of Councilmember Festersen, the legislative package of the City of Omaha for the Second Session of the One-Hundred and Second Legislature of the State of Nebraska shall include support for legislation, if introduced, to clarify state law as to the tax exempt status of property acquired under a lease purchase-type situation – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

ID%2011_11_22/City%20Council/1415a.pdf




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78. Res. that at the request of the Administration, on behalf of the Public Works

Department, the legislative package of the City of Omaha for the Second Session of the One-Hundred and Second Legislature of the State of Nebraska shall include a proposal to introduce new legislation and amend existing statutes to allow for a quick clearance proposal relating to an interstate highway system that would allow first responding public agencies (either state and/or local) to receive general immunity from liability for removing wrecked vehicles and spilled/scattered debris/cargo from the roadway to restore traffic flow more quickly and to allow motorists involved in minor crashes to move their vehicle out of the travel lanes to the shoulder or other safe area before initiating the exchange of insurance/information, etc. – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

Jack Cheloha, City Lobbyist, appeared and spoke.

Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1418 – ADOPTED 7-0

79. Res. that at the request of the Administration, on behalf of the police department,

the legislative package of the City of Omaha for the Second Session of the One-Hundred and Second Legislature of the State of Nebraska shall include a proposal to amend existing statutes to provide that manhole covers and sewer grates are prohibited items and illegal for salvage yards to accept and possess – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1419 – ADOPTED 7-0



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80. Res. that at the request of the Administration, on behalf of the police department, the legislative package of the City of Omaha for the Second Session of the One-Hundred and Second Legislature of the State of Nebraska shall include a proposal to amend existing statutes to make breaking into an unoccupied vehicle, first offense, a Class I misdemeanor and, second offense, a Class IV felony – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Jerram, Stothert, Thompson, Mr. President Nay: Gray Res # 1420 – ADOPTED 6-1

81. Res. that at the request of the Administration, on behalf of the Public Works Department, the legislative package of the City of Omaha for the Second Session of the One-Hundred and Second Legislature of the State of Nebraska shall include a proposal to introduce new legislation and amend existing statutes to place a lien on a property if the property owner fails to remove graffiti and the city does the work – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

Bob Stubbe, Public Works Director, appeared and spoke.

Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1421 – ADOPTED 7-0

82. Res. that pursuant to the recommendation of the Law Committee of the City

Council, the City Lobbyist, John A. “Jack” Cheloha, is hereby designated as the official lobbyist of the City of Omaha and its citizens before the Legislature, legislative committees and individual senators, and that all City employees are authorized to furnish information, reports, data and testimony before the Legislature, legislative committees and individual senators when deemed necessary or appropriate by the City Lobbyist when he is acting in his capacity as the official representative of the City – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Jack Cheloha, City Lobbyist, appeared and spoke.




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“PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NOS. 83 THROUGH 86 SHALL BE LAID OVER THREE WEEKS

FOR PUBLICATION AND PUBLIC HEARING” 83. Res. that the attached 1501 Jackson, LLC Tax Increment Financing (TIF)

Redevelopment Project Plan for a project located at 1501 Jackson Street which contemplates the conversion and redevelopment of three surface parking lots in Downtown Omaha into a new five-story, multi-family housing development of 79 market-rate apartment units, a commercial bay and a secured parking structure of 102 parking spaces, and includes the City’s participation through the allocation of Tax Increment Financing in an amount up to $1,849,199.00.00 to offset the costs of acquisition, site development, demolition, architectural and engineering fees, and public improvements, and contains a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as prepared by the City Planning Department, be and hereby is approved – see attached. Notice of public hearing on December 13, 2011 published in the Daily Record and the Omaha World Herald on November 24, 2011 and December 1, 2011. CCID # 1395 – Over three weeks to December 13, 2011 for publication and public hearing pursuant to City Council Rule VII F.

84. Res. that the attached NO DO Zesto Development, LLC Tax Increment Financing (TIF) Redevelopment Project Plan for the Zesto project to be located at 1203 Mike Fahey Street which contemplates the conversion and redevelopment of the vacant site in Downtown Omaha into a new two-story Zesto Fast Food Drive-In Restaurant that includes the City’s participation through the allocation of Tax Increment Financing in an amount up to $655,349.00 to offset the costs of acquisition, site development, demolition, architectural and engineering fees, a $20,000.00 contribution to the Downtown TIF Fund, public improvements, and containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as prepared by the City Planning Department, be and hereby is approved – see attached. Notice of public hearing on December 13, 2011 published in the Daily Record and the Omaha World Herald on November 24, 2011 and December 1, 2011.




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CCID # 1396 – Over three weeks to December 13, 2011 for publication and public hearing pursuant to City Council Rule VII F.

85. Res. that the attached Park School Apartments Tax Increment Financing (TIF) Redevelopment Project Plan for property located at 1320 South 29th Street, which contemplates the complete rehabilitation of a three-story building with 24 two-bedroom units and 1 laundry room on the top floor, and parking areas, recommending the City’s participation through the allocation of Tax Increment Financing in an amount up to $123,427.00 to offset the costs of acquisition, site work, demolition, architectural and engineering fees, rehabilitation costs, and public improvements, for which at least $15,000.00 of the TIF will be used, and, contains a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as prepared by the City Planning Department, be and hereby is approved – see attached. Notice of public hearing on December 13, 2011 published in the Daily Record and the Omaha World Herald on November 24, 2011 and December 1, 2011. CCID # 1397 – Over three weeks to December 13, 2011 for publication and public hearing pursuant to City Council Rule VII F.

86. Res. that the attached Roseland Theatre Apartments Tax Increment Financing

(TIF) Redevelopment Project Plan for a project located at 4932 South 24th Street which contemplates the complete rehabilitation of 17 apartment units and the underground parking structure of the Roseland Theatre Apartments building and includes the City’s participation through the allocation of Tax Increment Financing in an amount up to $87,434.00 to offset the costs of acquisition, site work, demolition, architectural and engineering fees, rehabilitation costs, and public improvements for which at least $15,000.00 of the TIF will be used; and contains a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as prepared by the City Planning Department, be and hereby is approved – see attached. Notice of public hearing on December 13, 2011 published in the Daily Record and the Omaha World Herald on November 24, 2011 and December 1, 2011. CCID # 1398 – Over three weeks to December 13, 2011 for publication and public hearing pursuant to City Council Rule VII F.

* * * * * * * * * * * * *



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“PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NO. 87

SHALL BE LAID OVER FOUR WEEKS FOR PUBLICATION AND PUBLIC HEARING”

87. Res. that the attached Amendments to the Omaha-Council Bluffs Fiscal Year

2008, 2009 and 2011 Consolidated Submissions for Community Planning and Development Programs are hereby approved – see attached. Notice of public hearing on December 20, 2011 published in the Daily Record and the Omaha World Herald on November 24, 2011 and December 1, 2011. CCID # 1399 – Over four weeks to December 20, 2011 for publication and public hearing pursuant to City Council Rule VII F.

* * * * * * * * * * * * *


THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 88 THROUGH 89

SHALL BE HELD ON DECEMBER 13, 2011” ZONING ORDINANCES ON FIRST READING and Planning Board Attachment 88. Ord. to rezone property located at 404 South 108th Court from DR-Development

Reserve District and GO-General Office District to DR-Development Reserve District (portions of which property lie within the flood fringe and floodway).

CCID # 1400 – Publication to be made and public hearing and third reading to be held on December 13, 2011 pursuant to City Council Rule VII H.

89. Ord. to rezone property located at 404 South 108th Court from DR-Development

Reserve District and GO-General Office District to GO-General Office District (portions of which property lie within the flood fringe and floodway).

CCID # 1401 – Publication to be made and public hearing and third reading to be held on December 13, 2011 pursuant to City Council Rule VII H.


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(a) Planning Board and Planning Department recommend approval of a request to rezone property located at 404 South 108th Court from DR and GO to DR and GO (portions of which property lie within the flood fringe and floodway) – see attached.

# 1401 – Over to 12/13/11

* * * * * * * * * * * * *


THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 90 THROUGH 97 SHALL BE HELD ON DECEMBER 6, 2011”

ORDINANCES ON FIRST READING 90. Ord. approving a Redevelopment and Tax Increment Financing Loan Agreement

between the City of Omaha and CO2 OMAHA, LLC, a Nebraska Limited Liability Company to clear the site and construct a new four-story residential building and underground parking garage at a site located at 1502 South 10th Street in Omaha, Nebraska; providing Tax Increment Financing (TIF) in the amount of $695,000.00 to assist in the project; and providing for an effective date – see attached.

CCID # 1405 – Publication to be made and public hearing to be held on December 6, 2011 pursuant to City Council Rule VII H.

91. Ord. approving a redevelopment and tax increment financing loan agreement

between the City of Omaha and Lofts at 14th, LLC, a Nebraska Limited Liability Company to implement the Lofts at 14th, LLC, Tax Increment Financing (TIF) Redevelopment Project Plan at the project site located at 802 South 14th Street; the former Safeway Cab Building site will be developed into a new four-story building consisting of 42 market-rate apartments, an outdoor roof deck accessible to the building residents, and a ground level that will feature an entry plaza, elevator lobby and 37 enclosed parking stalls; the agreement authorizes the use of up to $450,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date – see attached.






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92. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and Park Avenue Redevelopment, LLC, a Nebraska Limited Liability Company to implement the Park Avenue Redevelopment, LLC, Tax Increment Financing (TIF) Redevelopment Project Plan, which consists of the following properties: 2934 Leavenworth Street; 804, 806 and 846 Park Avenue; 628 Park Avenue; 710 and 712 Park Avenue; and, 709 and 713 South 30th Streets; the Agreement provides for the complete renovation of the historic apartments and multi-family buildings, the creation of on and off street parking, substantial landscaping, and changes to portions of 30th Street and Mason Street adjacent to the project site to handle two-way traffic; the agreement authorizes the use of $912,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date – see attached.


93. Ord. approving a Redevelopment and Tax Increment Financing Loan Agreement

between the City of Omaha and 5203 Leavenworth, LLC, which provides for Tax Increment Financing (TIF) in the amount of $210,000.00 to assist in the total renovation and redevelopment of the historic Wohler’s Neighborhood Grocery site located at 5203 Leavenworth Street in Omaha, Nebraska; and providing for an effective date – see attached.


94. Ord. to approve the execution of an Interlocal Agreement with the City of Lincoln

in the amount of $220,246 for the purpose of engaging local residents, households, commercial businesses, non-profits, and other building owners in the reEnergize Program in the City of Lincoln through May 26, 2013; to authorize funding for such agreement from the City of Omaha reEnergize Program Grant, #DE-EE0003578, Fund 17112, Organization 117792; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof – see attached.





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95. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, to transfer $2,580,594 in unencumbered General Fund appropriations in the 2011 Budget of the City of Omaha from Other Budgetary Accounts, Wage Adjustment to the Fire Department for the purpose of providing funding for Personal Services appropriations as a result of the 2009 CIR decision and pending 2010 CIR decision; and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended – see attached.


96. Ord. to approve an Agreement between the City of Omaha and Noll Human

Resource Services in the amount of $110,000 to provide a temporary Grant Accountant during the period of January 1, 2012 to June 30, 2013 to perform professional accounting work associated with City of Omaha grants; to authorize funding for such agreement from the 2009 Recovery Act Justice Assistance Grant Fund 17113 Organization 117741, the 2009 Recovery Act Energy Efficiency and Conservation Block Grant Fund 17112 Organization 117791, and the 2009 Recovery Act reEnergize Program Grant Fund 17112 Organization 117792, and; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof – see attached.


97. Ord. to adopt a new Sec. 36-150 of the Omaha Municipal Code; to prohibit the

operation of carriages in the area of the College World Series, during the time period of that event; and to provide the effective date – see attached.


* * * * * * * * * * * * * EXECUTIVE SESSION

98. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation.


ID%2011_11_22/Mayor/1411.pdf

ID%2011_11_22/Police/1412.pdf

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SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR NOVEMBER 22, 2011

LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED NOVEMBER 21, 2011 AT 1:00 P.M.

Agenda and Link to Agenda Items Available at http://www.ci.omaha.ne.us

“PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD NOVEMBER 29, 2011 THE SECOND READING AND PUBLIC HEARING ON

AGENDA ITEM NOS. 99 THROUGH 100 SHALL BE HELD ON DECEMBER 6, 2011” ADDITIONAL ORDINANCES ON FIRST READING 99. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of

Omaha, 1956, as amended, to transfer $1,129,530 in unencumbered General Fund appropriations in the 2011 Budget of the City of Omaha from Other Budgetary Accounts, Retirees Health to the Police Department for the purpose of providing funding for cameras in Police cruisers; and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended – see attached.


100. Ord. to approve a professional services agreement between the City of Omaha

and Swanson Russell, for the period January 1, 2012 to December 31, 2014, for advertising and marketing services for the Omaha Convention and Visitors Bureau in an amount not to exceed eight hundred fifty thousand dollars ($850,000) per year; to authorize the payments specified therein; and to provide an effective date – see attached.


* * * * * * * * * * * * * * Motion by Jerram that the meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 7-0

http://www.ci.omaha.ne.us/


ID%2011_11_22/Mayor/1425.pdf

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ADJOURNED: 5:48 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 November 22nd, 2011. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 23rd DAY OF NOVEMBER, 2011.

regular omaha city council meeting november 22, 2011 · 36th regular omaha city council meeting...

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