39th regular city council meeting december 16, 2008 · 39th regular city council meeting. december...

39th REGULAR CITY COUNCIL MEETING

December 16, 2008

The CITY COUNCIL met in Regular Session on Tuesday, December 16, 2008 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 Dan Welch. ROLL CALL 1. City Clerk calls the roll.

CCID # 1646 – Present: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President

2. Pledge of Allegiance. 3. Invocation by Councilman Jim Vokal of District No. 3. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City

of Omaha on December 12, 2008, notice re: Pre-Council and Regular City Council Meetings, December 16, 2008.

CCID # 1647 – 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 ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone property located at 9125 Redman Plaza and 9154 Browne Street;

from DR-Development Reserve District and R6-Multi-Family Low-Density Residential District to R6-Multi-Family Low-Density Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1574 – November 25 and December 9 Meetings) Notice of public hearing on December 16, 2008 published in the Daily Record on November 28, 2008. Ordinance passed December 16, 2008 published in the Daily Record on December 24, 2008. Jeff Elliott appeared and spoke. CCID # 1574 – Motion by Suttle that the Ordinance be passed Seconded by Sigerson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38313 PASSED 7-0

(a) Planning Board and Planning Department recommend approval of a rezoning of property located at 9125 Redman Plaza and 9154 Browne Street from DR and R6 to R6 – see attached. (See Doc. # 1574 – November 25 Meeting) # 1574 – From Chair on File

6. Ord. to approve a Major Amendment to a Planned Unit Development Overlay

District in a R6-Multi-Family Low-Density Residential District for the property located at 9125 Redman Plaza and 9154 Browne Street; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1575 – November 25 and December 9 Meetings) Notice of public hearing on December 16, 2008 published in the Daily Record on November 28, 2008. Ordinance passed December 16, 2008 published in the Daily Record on December 24, 2008.

Jeff Elliott appeared and spoke. CCID # 1575 – Motion by Suttle that the Ordinance be passed Seconded by Sigerson ROLL CALL:

Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38314 PASSED 7-0

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(a) Planning Board and Planning Department recommend approval of a major amendment to a Planned Unit Development Overlay District for property located at 9125 Redman Plaza and 9154 Browne Street – see attached. (See Doc. # 1575 – November 25 Meeting) # 1575 – From Chair on File

RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENT 7. Res. that the preliminary plat entitled 72 BLONDO located at 1945 North 72nd

Street, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City - over from 09/23/08 and continue the Public Hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 948 – September 9 and September 23 Meetings) CCID # 948 - Motion by Suttle that the Resolution be laid over 13 weeks to March 17, 2009 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0

(a) Planning Board and Planning Department recommend approval of a preliminary plat for 72 BLONDO located at 1945 North 72nd Street – Inside City – over from 09/23/08 – see attached. (See Doc. # 948 September 9 and September 23 Meetings)

# 948 – Over to 03/17/09 (b) Communication from John Q. Bachman, Attorney for the applicant,

requesting that the Resolutions approving the Preliminary Plat, Final Plat and Subdivision Agreement for 72 BLONDO, located at 1945 North 72nd Street, be laid over 13 weeks to March 17, 2009 – see attached.

# 948 – From Chair on File

8. Res. that the replat transmitted herewith entitled 72 BLONDO, located at 1945

North 72nd Street, is hereby approved, and concurrently a portion of the existing plats entitled Bowling Green and Maenner West, and described on said replat, are hereby vacated – Inside City – over from 09/23/08 and continue the Public Hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 949 – September 9 and September 23 Meetings)

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CCID # 949 - Motion by Suttle that the Resolution be laid over 13 weeks to March 17, 2009 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0

(a) Planning Board and Planning Department recommend approval of the final plat of 72 BLONDO located at 1945 N. 72nd Street – Inside City – over from 09/23/08 – see attached. (See Doc. # 949 – September 9 and September 23 Meetings) #949 – Over to 03/17/09

9. Res. that the Subdivision Agreement between the City of Omaha and PDM, Inc., as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as 72 Blondo (Lots 1-3) and is located southeast of 72nd and Blondo Streets – over from 09/23/08 and continue the Public Hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 988 – September 9 and September 23 Meetings)

CCID # 988 - Motion by Suttle that the Resolution be laid over 13 weeks to March 17, 2009 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0

10. Res. that the preliminary plat entitled WOOD VALLEY located northeast of 144th

and Ida 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)) Mark Westergaard, E & A Consulting, appeared and spoke.

Motion by Thompson that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res # 1654 – ADOPTED 7-0

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(a) Planning Board and Planning Department recommend approval of the preliminary plat of WOOD VALLEY located northeast of 144th and Ida Streets – Outside City – see attached.


“PURSUANT TO CITY COUNCIL RULE VII H

DUE TO NO MEETINGS BEING HELD DECEMBER 30, 2008 AND JANUARY 6, 2009

AGENDA ITEM NOS. 11 THROUGH 14 SHALL BE LAID OVER FOUR WEEKS

FOR PUBLICATION AND PUBLIC HEARING” 11. Res. that the preliminary plat entitled 8TH STREET TOWNS, a cluster

subdivision, located southwest of 8th and Pacific Streets, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on January 13, 2009 published in the Daily Record on December 19, 2008. CCID # 1650 – Over four weeks to January 13, 2009 for publication and public hearing pursuant to City Council Rule VII H.

(a) Planning Board and Planning Department recommend approval of the preliminary plat of 8TH STREET TOWNS, a cluster subdivision located southwest of 8th and Pacific Streets – Inside City – see attached.

# 1650 – Over to 01/13/09

12. Res. that the preliminary plat entitled SEVENTY-FOUR PACIFIC PLAZA located

at 902 South 74th Plaza, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on January 13, 2009 published in the Daily Record on December 19, 2008.

CCID # 1652 – Over four weeks to January 13, 2009 for publication and public hearing pursuant to City Council Rule VII H.

(a) Planning Board and Planning Department recommend approval of

the Preliminary Plat of SEVENTY-FOUR PACIFIC PLAZA located at 902 South 74th Plaza – Inside City – see attached.

# 1652 – Over to 01/13/09

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13. Res. that the plat entitled SEVENTY-FOUR PACIFIC PLAZA located at 902 South 74th Plaza, is hereby approved and accepted – Inside City - see attached. Notice of public hearing on January 13, 2009 published in the Daily Record on December 19, 2008. CCID # 1653 – Over four weeks to January 13, 2009 for publication and public hearing pursuant to City Council Rule VII H.


the Final Plat of SEVENTY-FOUR PACIFIC PLAZA located at 902 South 74th Plaza – Inside City – see attached.

# 1653 – Over to 01/13/09

14. Res. that the preliminary plat entitled JOBMAN ADDITION located at 5110

Spaulding Street, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on January 13, 2009 published in the Daily Record on December 19, 2008.



the preliminary plat of JOBMAN ADDITION located at 5110 Spaulding Street – Inside City – see attached.

# 1651 – Over to 01/13/09

* * * * * * * * * * * * * * LIQUOR and RESOLUTIONS RE: KENO 15. Joslyn Art Museum, dba “Joslyn Art Museum”, 2200 Dodge Street, requests

permission for an addition to their present Class “I/K” Liquor License location to license the entire facility and grounds, excluding the parking lot area. Property posted: 05/02/08. Notification sent: 05/09/08 – over from 11/25/08 and continue the Public Hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE APPROVED TODAY)) (See Doc. # 693 – May 20, July 1, September 23 and November 23 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Frank Schepers, Attorney for the applicant. For the City: Tom Mumgaard, Deputy City Attorney.

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CCID # 693 – Application read Motion by Brown that the request be approved as amended with a request of a waiver of NLCC Rule R2-012.08 regarding one entrance Seconded by Thompson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President

Motion Carried 7-0

(a) Legal opinion submitted by Thomas O. Mumgaard, Deputy City Attorney, re: Application for an addition to the present Class “I/K” Liquor License Location for Joslyn Art Museum, 2200 Dodge Street – over from 11/25/08 - see attached. (See Doc. # 693 - May 20, July 1, September 23 and November 23 Meetings) # 693 – From Chair on File

(b) Communication from Frank M. Schepers, Attorney representing

Joslyn Art Museum, 2200 Dodge Street, requesting that their application for an addition to their present Class “I/K” Liquor License location be amended to an irregular shaped sidewalk café approximately 230’ x 320’, known as the Peter Kiewit Foundation Sculpture Garden – see attached.

# 693 – Motion by Brown that the amendment be approved Seconded by Gernandt ROLL CALL:

Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0

16. CLASS “C” – LIV Ventures, Inc., dba “LIV Lounge, LIV”, 2279 South 67th Street.

New application, new location. Property posted: 11/24/08. Notification sent: 11/26/08 – over from 12/09/08 and continue the Public Hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY - YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Mike Kelley, 7134 Pacific Street, Attorney for the applicant, appeared and spoke. Motion by Vokal that the Resolution to Grant be adopted with a request of a waiver of NLCC Rule R2-012.07 regarding fence height and contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained. Seconded by Thompson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res # 1638 – ADOPTED 7-0

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(a) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: LIV Ventures, Inc., dba “LIV Lounge, LIV”, 2279 South 67th Street, application for a Class “C” Liquor License – over from 12/09/08 – see attached. # 1638 – From Chair on File

17. CLASS “C” – Ryan’s Bistro, Inc., dba “Ryan’s Bistro”, 17607 Gold Plaza #107. New application, old location. UPGRADE. Present licensee is Krajan, Hai, dba “Omai Vietnamese Restaurant”, 17607 Gold Plaza #107, who has a Class “I” Liquor License. Property posted: 12/01/08. Notification sent: 12/05/08 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))

Jennifer Taylor, 8712 Dodge Street, Attorney for the applicant, appeared and spoke.

Motion by Suttle that the Resolution to Grant be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res # 1676 – ADOPTED 7-0

18. ON SALE BEER – Gotcha II Corporation, dba “Godfather’s Pizza”, 2851 South

168th Street. New application, new location. Property posted: 12/01/08. Notification sent: 12/05/08 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY))

Mike Gottschalk appeared and spoke.

Motion by Gernandt that the Resolution to Grant be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res # 1677 – ADOPTED 7-0

19. Elks B P O Omaha Lodge 39, 6410 South 96th Street, requests permission to

appoint Mark Kramer manager of their present Class “C” Liquor License – see attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR NOT TO APPROVE))

Mark Kramer appeared and spoke.

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CCID # 1678 – Motion by Vokal that the request be approved Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President

Motion Carried 7-0 20. Res. that, in accordance with the Lottery Operator's Agreement with the City of

Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 6913 Maple Street, Swigs Bar & Grill, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, 11248 John Galt Boulevard, Vice President of Marketing, Big Red Keno, appeared and spoke. Motion by Suttle that the Resolution be adopted

Seconded by Welch ROLL CALL:

Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res # 1679 – ADOPTED 7-0

21. Res. that, in accordance with the Lottery Operator's Agreement with the City of

Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 12100 West Center Road, Suite 204, Report In Pub, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

Katrina Coffey, 11248 John Galt Boulevard, Vice President of Marketing, Big Red Keno, appeared and spoke.

Motion by Suttle that the Resolution be adopted

Seconded by Welch ROLL CALL:

Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res # 1680 – ADOPTED 7-0

CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 22 through 23 were held on 12/09/08).

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(The public hearings on Agenda Item Nos. 24 through 34 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 – ORDINANCES ORDINANCES ON FINAL READING 22. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of

Omaha, 1956, as amended, to transfer $2,531,900 in unencumbered General Fund appropriations in the 2008 Budget of the City of Omaha from Other Budgetary Accounts – Other, Wage Adjustment Account to Fire, Operations Organization for the purpose of providing funding for Personal Services appropriation for the payment of sick and annual leave balance payoffs; and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended – see attached. (See Doc. # 1577 – November 25 and December 9 Meetings) Notice of public hearing on December 9, 2008 published in the Daily Record on November 28, 2008. Ordinance passed December 16, 2008 published in the Daily Record on December 24, 2008. CCID # 1577 – Motion by Gernandt that the Ordinance be passed Seconded by Thompson

ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38315 PASSED 7-0

23. Ord. to approve an agreement for an initial term of five (5) years with Douglas

County for the operation of the joint 9-1-1 Emergency Communications System; to provide for the payments called for in said agreement from a specific account; and providing for an effective date hereof – see attached (See Doc. # 1578 – November 25 and December 9 Meetings) Notice of public hearing on December 9, 2008 published in the Daily Record on November 28, 2008. Ordinance passed December 16, 2008 published in the Daily Record on December 24, 2008. CCID # 1578 – Motion by Gernandt that the Ordinance be passed Seconded by Thompson

ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38316 PASSED 7-0

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

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CONSENT AGENDA – RESOLUTIONS RESOLUTIONS 24. Res. that the nomination of “Rosemary Allen Drive” as a commemorative street

name on North Ridge Drive between Forest Lawn Avenue and State Street is hereby approved; and the Public Works Department is authorized to erect an acceptable sign therefore, in compliance with all applicable local and state statutes, ordinances or regulations, and policies with all costs to be borne by the applicant – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Thompson

ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President

Res # 1670 – ADOPTED 7-0 25. Res. that, as recommended by the Mayor, the agreement for architectural

services with CLH Architects, P.C. for professional design services for remodeling and code compliance work for the Swanson Library located at 9101 West Dodge Road, is hereby approved; further that the Finance Department is authorized to pay CLH Architects, P.C. $24,000.00 for these professional services from the Library Facilities Capital Fund 13499, Swanson Library Construction Organization 117027 – see attached.

Motion by Gernandt that the Resolution be adopted Seconded by Thompson


Res # 1663 – ADOPTED 7-0

26. Res. that, as recommended by the Mayor, the contract with Vierregger Electric

Co., Inc. for OPW 51584, being the construction of signal pole painting at the intersection of 24th and “L” Streets in the amount of $10,376.00 is hereby approved; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Traffic Capital Organization 116189, year 2008 expenditures – see attached.

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Res # 1669 – ADOPTED 7-0 27. Res. that, as recommended by the Mayor, the contract with Commonwealth

Electric Co. for OPW 51582, being the construction of traffic signals at the intersection of 13th and Douglas Streets in the amount of $53,319.27 is hereby approved; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Traffic Capital Organization 116189, year 2008 expenditures – see attached.



Res # 1665 – ADOPTED 7-0 28. Res. that, as recommended by the Mayor, the contract with Commonwealth

Electric Co. for OPW 51414, being the construction of traffic signals at the intersection of 52nd and “Q” Streets in the amount of $59,125.28 is hereby approved; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Traffic Capital Organization 116189, year 2008 expenditures – see attached.




29. Res. that, as recommended by the Mayor, the contract with Commonwealth

Electric Co. for OPW 51583, being the construction of traffic signals at the intersection of 23rd and “L” Streets in the amount of $73,253.29 is hereby approved; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Traffic Capital Organization 116189, year 2008 expenditures – see attached.




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30. Res. that, as recommended by the Mayor, the contract with Commonwealth Electric Co. for OPW 51569, being the construction of traffic signals at the intersection of 165th Street and West Maple Road in the amount of $102,244.19 is hereby approved; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Traffic Capital Organization 116189, year 2008 expenditures – see attached.



Res # 1668 – ADOPTED 7-0 31. Res. that the City of Omaha hereby approves making an application for

assistance from the Safe Routes to School Program for the purpose of constructing a pedestrian crossing signal on 20th Street between G and H Streets – see attached.



Res # 1664 – ADOPTED 7-0 32. Res. that, as recommended by the Mayor, the bid in the total amount of

$192,376.00 from LawnSmith & Co., Inc., to furnish all labor, materials, and equipment necessary for the renovation of Whispering Ridge Park located at H.W.S. Cleveland Boulevard and Locust Street Omaha, Nebraska, to include but not be limited to a playground, walks, shelter and picnic tables is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the General Fund No. 11111, Organization No. 115024, Parks and Recreation Centers, and Activity/Project No. 45312, Park Development – see attached. Motion by Gernandt that the Resolution be adopted Seconded by Thompson



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33. Res. that the Mayor is authorized to sign, and the City Clerk to attest, the attached contract between the City of Omaha and the Greater Omaha Chamber of Commerce for the Greater Omaha Economic Development Partnership for the year 2009 and to provide payment of one hundred twenty-five thousand dollars ($125,000). Funding shall be from Other Budgetary Accounts – Community Service Programs, GO-Job Creation, 126028, Keno Lottery Fund 12118 – see attached.

Patti McAtee, 1301 Harney Street, Senior Director, Greater Omaha Chamber of Commerce, appeared and spoke.



Res # 1672 – ADOPTED 7-0 34. Res. that the reappointment by the Mayor of Nicholas J. Limpach as the

Mechanical Engineer member of the Building Board of Review, to serve a three-year term commencing December 2, 2008, and expiring three years thereafter, be and hereby is confirmed and approved – see attached.



Res # 1675 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED))

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“PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 35 THROUGH 38

SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 35. Ord. to rezone property located at 1624 Nicholas Street from R8-High-Density

Multiple-Family Residential District and GI-General Industrial District to DS-Downtown Service District. (See Doc. # 1614 – December 9 Meeting)

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CCID # 1614 – ORDINANCE ON SECOND READING – Final reading to be held December 23, 2008 as per City Charter requirements.

36. Ord. to rezone property located at 2401 Lake Street from GC-General Commercial District and NBD-Neighborhood Business District to NBD-Neighborhood Business District. (See Doc. # 1628 – December 9 Meeting) CCID # 1628 – ORDINANCE ON SECOND READING – Final reading to be held December 23, 2008 as per City Charter requirements.

37. Ord. to rezone property located at 1217 South 75th Street from GI-General Industrial District to LC-Limited Commercial District. (See Doc. # 1629 – December 9 Meeting) CCID # 1629 – ORDINANCE ON SECOND READING – Final reading to be held December 23, 2008 as per City Charter requirements.

38. Ord. to amend Omaha Municipal Code Chapter 55 entitled “Zoning”; to allow

electronic off-premises advertising signs subject to certain regulations; to repeal Sec. 55-826 and Sec. 55-850 through 55-858 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 1645 – December 9 Meeting)

CCID # 1645 – ORDINANCE ON SECOND READING – Final reading to be held December 23, 2008 as per City Charter requirements.

* * * * * * * * * * * * * * ORDINANCES ON SECOND READING and Planning Board Attachments 39. Ord. extending the limits of the City of Omaha over certain land in Douglas

County, Nebraska and incorporating the same into and making the same a part of the City of Omaha and to provide an effective date hereof, Lawrence Youngman Lake Dam Site #13 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1630 – December 9 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Dan Crouchley, Senior Vice President, Metropolitan Utilities District. For the City: Gary Hall, Planning Department.

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CCID # 1630 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

40. Ord. extending the limits of the City of Omaha over certain land in Douglas

County, Nebraska and incorporating the same into and making the same a part of the City of Omaha and to provide an effective date hereof, located at 848 N. 192nd Street and adjacent vacant lot to the southwest, Lyman-Richey West Addition – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1631 – December 9 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Dan Crouchley, Senior Vice President, Metropolitan Utilities District. For the City: Gary Hall, Planning Department. CCID # 1631 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

41. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska and incorporating the same into and making the same a part of the City of Omaha and to provide an effective date hereof, located at 910 and 930 N. 192nd Street – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1632 – December 9 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Dan Crouchley, Senior Vice President, Metropolitan Utilities District. For the City: Gary Hall, Planning Department. CCID # 1632 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

42. Ord. extending the limits of the City of Omaha over certain land in Douglas

County, Nebraska and incorporating the same into and making the same a part of the City of Omaha and to provide an effective date hereof, generally located Northwest of 192nd Street and Honeysuckle Drive – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1633 – December 9 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Dan Crouchley, Senior Vice President, Metropolitan Utilities District. For the City: Gary Hall, Planning Department. CCID # 1633 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

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(a) Planning Board and Planning Department recommend approval of the 2008 Annexation Package Number 2 – see attached. # 1633 – Over to 12/23/08

ORDINANCES ON SECOND READING 43. Ord. declaring the necessity of appropriating, for the use of the City of Omaha,

certain hereinafter described vacant and improved properties located in the Omaha Campus for Hope Redevelopment Plan Amendment 1, bounded by the North side of the Kellom Green Belt on the North, 16th Street on the East, Nicholas Street on the South, and 18th Street on the West, for acquisition, relocation as appropriate, demolition of structures, preparation of sites, and subsequent use as sites for implementing the Omaha Campus for Hope Redevelopment Plan Amendment 1 by constructing residential facilities and a facility to provide support social services to homeless and recently homeless persons; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; project costs will be paid from Community Development Block Grant, Fund No. 12186, Organization No. 129134; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1615 – December 9 Meeting) CCID # 1615 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

44. Ord. granting a permanent easement in land to Omaha Public Power District,

Metropolitan Utilities District of Omaha, Qwest Corporation, and any company which has been granted a franchise to provide cable television systems within the boundaries of the plat for the purpose of relocating all utilities to serve properties recently replatted by the City of Omaha; to authorize the Mayor to execute the attached permanent easement; and to provide an effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1616 – December 9 Meeting) CCID # 1616 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

45. Ord. approving an Interlocal agreement between the City of Omaha and Sarpy

County relative to the disposal of certain products (primarily grit and solids) created by the Papillion Creek Wastewater Treatment Plant, 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 Mayor to execute the Agreement with Sarpy County; to authorize the reimbursements to be paid from a specific account; and, to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1634 – December 9 Meeting)

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CCID # 1634 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

46. Ord. approving a Redevelopment Agreement between the City of Omaha and DEEL Investments, LLC including Tax Increment Financing (TIF) in the amount of $180,000.00 for the rehabilitation and construction of six for sale row house style residential units, including off street and underground parking areas located at 706 South 18th Street; and providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1617 – December 9 Meeting) CCID # 1617 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

47. Ord. to approve a Tax Increment Financing (TIF) Redevelopment Agreement (“Agreement”) entered into by and between the CITY OF OMAHA, NEBRASKA, a Nebraska municipal corporation in Douglas County, Nebraska (the “City”) and QUADTECH, LLC, a Nebraska limited liability company (“Developer”) for the development of an office building located at 1919 Aksarben Drive at the intersection of Frances Street and Aksarben Drive identified as Lots 2 and 3, Aksarben Village Replat 5, an Addition to the City of Omaha, Douglas County, Nebraska (Lot 3 to be replatted as Lots 1, 2 and 3, Aksarben Village Replat 9, an Addition to the City of Omaha, Douglas County, Nebraska), together with any now or hereafter vacated right of way adjoining such lots; and providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1618 – December 9 Meeting) Bob Peters, 3552 Farnam Street, appeared and spoke. CCID # 1618 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

48. Ord. approving a Redevelopment Agreement between the City of Omaha and

Storage Canada, LLC including Tax Increment Financing (TIF) in the amount of $420,000.00 for the rehabilitation of a site through the construction of 695 electronically and environmentally controlled storage units located at 5328 Center Street; and providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1619 – December 9 Meeting) CCID # 1619 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

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49. Ord. to transfer an easement in land to Qwest Corporation for purposes of relocating facilities, telecommunications facilities, electrical facilities, and other appurtenances as the result of the City’s widening project at Harrison Street between La Vista Drive to 48th Street; to authorize the Mayor to execute the attached easement; and to provide an effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1635 – December 9 Meeting) CCID # 1635 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

50. Ord. to accept the bid of Floors, Inc. in the annual amount of $11,706.58, involving appropriations of more than one year as provided in 5.17 of the Home Rule Charter, to enter into a three-year price agreement for carpet cleaning services at eight (8) Omaha Police Department facilities, with two additional one-year options held by the City, and which may be done so administratively; to authorize the Finance Department to make payments from a specified account to Floors, Inc. for the cost of carpet cleaning services in accordance with the specifications; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1620 – December 9 Meeting) CCID # 1620 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

51. Ord. to amend Omaha Municipal Code Section 18-3 to declare certain situations

of deteriorated lead paint as nuisances; to clarify illustrative examples of nuisances; to repeal Section 18-3 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1642 – December 9 Meeting)

Reid Steinkraus, 1404 Sahler Street, representing the Childhood Lead Poisoning Prevention Program, appeared and spoke. CCID # 1642 – Public hearing was held today – Final reading set for December 23, 2008 as per City Charter requirements.

(a) Communication from Brenda Council, Facilitator, Omaha Lead Site Community Advisory Group, re: support for the amendment to the nuisance ordinance to include deteriorating lead-based paint as a hazard - see attached.

#1642 – Over to 12/23/08

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(b) Document submitted by Reid Steinkraus, Manager of the Childhood Poisoning Prevention Program for the Douglas County Health Department, re: proposed ordinance to amend Section 18-3 of the Omaha Municipal Code. – see attached.

# 1642 – Over to 12/23/08

“PURSUANT TO CITY COUNCIL RULE VII H

DUE TO NO MEETINGS BEING HELD DECEMBER 30, 2008 AND JANUARY 6, 2009 AGENDA ITEM NO. 52 SHALL BE LAID OVER

FOUR WEEKS TO JANUARY 13, 2009 FOR PUBLICATION AND PUBLIC HEARING”

CONDITIONAL USE PERMIT – KENNEL 52. Res. that the Conditional Use Permit application submitted by Kathleen M. and

Thomas A. Brazer for permission to allow a kennel in a DR-Development Reserve District, located at 8333 North 230th Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. CCID # 1661 – Over four weeks to January 13, 2009 for publication and public hearing pursuant to City Council Rule VII H.

(a) Planning Board recommends denial of the request of Kathleen M.

and Thomas A. Brazer for a Conditional Use Permit to allow a Kennel in the DR-Development Reserve District located at 8333 North 230th Street – see attached.

# 1661 - Over to 01/13/09

(b) Planning Department recommends approval of the request of Kathleen M. and Thomas A. Brazer for a Conditional Use Permit to allow a Kennel in the DR-Development Reserve District located at 8333 North 230th Street – see attached.

# 1661 – Over to 01/13/09

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

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RESOLUTIONS 53. Res. that the attached Gahm’s Block LLC Tax Increment Financing

Redevelopment Project Plan, for the rehabilitation and conversion of the upper floors 2 through 6 in the Gahm Block Building at 1202 Howard Street into 12 market-rate apartments maintaining the street-level commercial usages, prepared by the Omaha City Planning Department containing a provision for the division of ad valorem taxes under Sections 18-2147 through 18-2150 Revised Statutes of Nebraska, meets the conditions of a substandard and blighted area as defined by State Statute 18-2103 is hereby approved as the Redevelopment Plan for Gahm’s Block LLC Tax Increment Financing Redevelopment Project Plan Area located at 1202 Howard Street identified as Lot 8, Block 150 South 73.2 ft. 73.2 x 66, original City of Omaha, Douglas County, Nebraska – over from 11/25/08 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1604 – November 25 Meeting) CCID # 1604 - Motion by Vokal that the Resolution be laid over four weeks to January 13, 2009 and continue the public hearing Seconded by Brown ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President

Motion Carried 7-0 54. Res. that the attached Building 500 LLC Tax Increment Financing

Redevelopment Project Plan, which authorizes TIF to facilitate the conversion of the building into a mixed use Residential /Office / Retail/ Rental Condo project in downtown through the reconfiguration, rehabilitation, and redevelopment of the 500 South 18th Street project site providing street-level commercial usages, prepared by the Omaha City Planning Department containing a provision for the division of ad valorem taxes under Sections 18-2147 through 18-2150 Revised Statutes of Nebraska, meets the conditions of a substandard and blighted area as defined by State Statute 18-2103 is hereby approved as the Redevelopment Plan for Building 500 LLC Tax Increment Financing Redevelopment Project Plan Area located at 500 South 18th Street identified as Kountze-E-Reserve, Lot 6, Block 2, South 58.53 ft., Lot 5 and all Lot 6 original City of Omaha, Douglas County, Nebraska – over from 11/25/08 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1606 – November 25 Meeting) Mike Boyle, 1106 Howard Street, Attorney for the applicant, appeared and spoke.

Motion by Vokal that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res # 1606 – ADOPTED 7-0

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55. Res. that, as recommended by the Mayor, the contract with Image Plus, LLC. for OPW 51601, being Qwest Center/Stadium Parking Lot Signs, in the amount of $33,381.79 is hereby approved; and, that the Finance Department is authorized to pay the cost of OPW 51601 from the Downtown Stadium Fund 13418, Downtown Stadium Organization 131606, year 2008 expenditures – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))

THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Brian Wright, HDR Consultant. Protestants: Dorsey Olson, 1007 Farnam on the Mall, President, Neon Products. For the City: Bob Stubbe, Public Works Director. Paul Kratz, City Attorney.

CCID # 1662 - Motion by Suttle that the Resolution NOT be adopted and direct to the Public Works Department to prepare a Resolution awarding the contract to the second lowest bidder, Neon Products Seconded by Vokal Councilmember Suttle withdraws his motion Councilmember Vokal withdraws his second Motion by Vokal that the Resolution be laid over one week to December 23, 2008 Seconded by Sigerson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0

“PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD

DECEMBER 30, 2008 AND JANUARY 6, 2009 AGENDA ITEM NOS. 56 THROUGH 57 SHALL BE LAID OVER

FOUR WEEKS TO JANUARY 13, 2009 FOR PUBLICATION AND PUBLIC HEARING”

56. Res. that the attached Bakers Supply Ltd Tax Increment Financing (TIF)

Redevelopment Project Plan, prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, be and hereby is approved as the Redevelopment Plan for the expanded development of the existing Bakers Supply building to provide additional medical office space, general office space, and twelve (12) loft-style apartments located at 1307 and 1309 Leavenworth Street – see attached CCID # 1674 – Over four weeks to January 13, 2009 for publication and public hearing pursuant to City Council Rule VII H.

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57. Res. that the attached Zone 5, LLC Tax Increment Financing (TIF) Redevelopment Project Plan, prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, be and hereby is approved as the Redevelopment Plan for an entertainment center containing a movie theater, retail shopping, freestanding bar/patio, and parking located on Aksarben Village Replat 8 Lots 2 and 3 at 67th Street and Frances Street – see attached.


“PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD

DECEMBER 30, 2008 AND JANUARY 6, 2009 THE THIRD READING AND PUBLIC HEARINGS

ON AGENDA ITEM NOS. 58 THROUGH 59 SHALL BE HELD ON JANUARY 13, 2009”

ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 58. Ord. to amend the official zoning map of the City of Omaha adopted by Section

55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located at 360 North Saddle Creek Road from GI-General Industrial District to CC-Community Commercial District.

CCID # 1648 – Motion by Thompson that the Ordinance be referred back to the Planning Department Seconded by Sigerson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0


a request to rezone property located at 360 North Saddle Creek Road from GI to CC – see attached.


(b) Communication from Troy F. Meyerson, Attorney for the applicant,

requesting that the proposed ordinance to rezone the property located Northwest 171st and Arbor Streets be returned to the Planning Department. – see attached.


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59. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for property located Northwest of 171st and Arbor Streets between the City of Omaha and MCVI, LLC and V&R JOINT VENTURE, providing site development standards; and to provide for an effective date – see attached. CCID # 1649 – Publication to be made and public hearing and third reading to be held on January 13, 2009 pursuant to City Council Rule VII H.

(a) Planning Board and Planning Department recommend approval of a Major Amendment to a Mixed Use District Development Agreement for Lakeside Hills to allow an office building and surface parking for Lot 43, located Northwest of 171st and Arbor Streets – see attached.

# 1649 – Over to 01/13/09

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

“PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARINGS ON

AGENDA ITEM NOS. 60 THROUGH 68 SHALL BE HELD ON THE SECOND READING”

ORDINANCE ON FIRST READING and Planning Board Attachment 60. Ord. vacating the north 8 feet of Yates Street from 16th Street, east 132+ feet

and providing the effective date hereof – see attached. CCID # 1655 – Publication to be made and public hearing to be held on December 23, 2008 as per City Charter requirements.


vacating the north 8 feet of Yates Street from 16th Street east 132 feet, adjacent to Lot 6, Block 2, Paddock Place – Inside City – see attached.

# 1655 – Over to 12/23/08

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ORDINANCES ON FIRST READING 61. Ord. approving a Redevelopment Agreement between the City of Omaha, a

Nebraska Municipal Corporation and Building 500, LLC, which authorizes Tax Increment Financing in the amount of $844,000.00 for the rehabilitation of the project site located at 500 South 18th Street for the conversion of the building into a mixed-use Residential/Office/Retail/Rental Condo project in downtown through the reconfiguration, rehabilitation, and redevelopment and providing street-level commercial uses; authorizing the execution of any other necessary documents in connection with the Redevelopment Agreement or appropriate to consummate the loan; and providing for an effective date – see attached.

CCID # 1682 – Publication to be made and public hearing to be held on December 23, 2008 as per City Charter requirements.

62. Ord. approving a Redevelopment Agreement between the City of Omaha, Nebraska and Gahm's Block, LLC, which authorizes Tax Increment Financing in the amount of $456,187.00 for the rehabilitation of the project site located at 1202 Howard Street for the rehabilitation and conversion of the upper floors 2 through 6 of the building into market-rate apartments and to continue the commercial uses currently in place on the main floor; authorizing the execution of any other necessary documents in connection with the Redevelopment Agreement or appropriate to consummate the loan; and providing for an effective date – see attached.


63. Ord. approving a Redevelopment Agreement between the City of Omaha,

Nebraska and No Man's Land, LLC, which authorizes Tax Increment Financing in the amount of $293,500.00 for the rehabilitation of the project site located at 2320 Paul Street in the North Omaha Business Park for the development of a 20,000 square feet office and operations building with related improvements; authorizing the execution of any other necessary documents in connection with the Redevelopment Agreement or appropriate to consummate the loan; and providing for an effective date – see attached.


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64. Ord. to approve an Agreement between the City of Omaha and the Boys and Girls Club of the Midlands in the amount of $35,003, for a full-time Truancy Case Manager position to conduct intake sessions, orient students to the Day Reporting Center and make arrangements for support service; paid from the Nebraska Commission on Law Enforcement and Criminal Justice Omaha Police Department Truancy Abatement Program Grant, Award Number 08-JS-410; 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.


65. Ord. to accept a letter of agreement between the Nebraska Children and Families Foundation and the City of Omaha in the amount of $20,000 from the Compassion Capital Fund for the South Omaha Community Collaborative to assist South Omaha Weed and Seed through organizational development and marketing during the project period of October 1, 2008 to September 30, 2010; 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, providing for the effective date hereof – see attached.


66. Ord. to approve the application for and acceptance of Grant Award number 08-DA-302 from the Nebraska Commission on Law Enforcement and Criminal Justice in the amount of $78,037.00 to support the Metropolitan Drug Task Force by funding seven (7) positions that include two (2) Sergeants and five (5) Narcotics Investigators; extending over the project period of October 1, 2008 to September 30, 2009; the total project cost is $104,049.00; this includes a match of $26,012.00 being provided by the Douglas County Sheriff’s Department; 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, providing for the effective date hereof – see attached.


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67. Ord. to approve the application for and acceptance of the Fund for the Improvement of Education, award number U215K080281, in the amount of $95,305.00 with special conditions, from the U.S. Department of Education; to provide funding support for the Mayor’s After School Initiative Director and After School Grant Assistant during the budget period of October 1, 2008 to September 30, 2010; 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, providing for the effective date hereof – see attached.


68. Ord. to amend Section 25-9 of the Omaha Municipal Code which provides for the

Independent Public Safety Auditor; to provide new provisions creating the Office of Independent Citizen Advocate; to provide for the conditions of employment, duties and responsibilities, applicable procedures and findings of such Independent Citizen Advocate; to repeal Section 25-9 of the Omaha Municipal Code as heretofore existing; and, providing for the effective date hereof – see attached.


(a) Communication from John E. Corrigan, Attorney for the Omaha

Police union Local 101, re: Proposed Ordinance creating the Office of the Independent Citizen Advocate – see attached.

# 1683 – over to 12/23/08 (b) Communication from Sam Walker, UNO School of Criminal Justice

re: Proposed Ordinance creating the Office of the Independent Citizen Advocate – see attached.

# 1683 – Over to 12/23/08

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

EXECUTIVE SESSION 69. Motion to go into Executive Session for the purpose of discussing labor

negotiations, personnel matters and litigation.

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This agenda, which shall be kept continually current, shall be available for public inspection in the Office of the City Clerk, Omaha-Douglas Civic Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours. All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. Alternative formats require a minimum of 72 hours advance notice. Please contact Sandra L. Moses - 444-5552 if arrangements need to be made.

SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR DECEMBER 16, 2008

LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED DECEMBER 15, 2008 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 C THE PUBLIC HEARING ON AGENDA ITEM NO. 70

SHALL BE HELD ON THE SECOND READING” ADDITIONAL ORDINANCE ON FIRST READING 70. Ord. to amend sections 22-26, 22-29, 22-31, 22-35, 22-36, 22-73, 22-74, 22-78,

22-83 and 22-94 of Chapter 22 of the Omaha Municipal Code to comply with federal requirements to retain qualified plan status and favorable tax treatment for the Employees’ Retirement System and Police and Fire Retirement System; to update and correct contribution percentages; to update provisions relating to military service; to disavow doctrines limiting subrogation; to add language clarifying the calculation of widow's/er’s and children’s pensions; and to provide an effective date – see attached.


This agenda, which shall be kept continually current, shall be available for public inspection in the Office of the City Clerk, Omaha-Douglas Civic Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours. All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. Alternative formats require a minimum of 72 hours advance notice. Please contact Sandra L. Moses - 444-5552 if arrangements need to be made.

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

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Motion by Gernandt that the Meeting be adjourned Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0 ADJOUNRED: 2:56 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 December 16, 2008. WITNESS: ________________________________ __________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR MIKE FAHEY ON THE 18th DAY OF DECEMBER, 2008.

39th regular city council meeting december 16, 2008 · 39th regular city council meeting. december...

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