June 26, 2018 at 2:00 PM - Regular City Council Meeting
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CALL TO ORDER
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1. Roll Call
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2. Pledge of Allegiance
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3. Invocation by Councilmember Ben Gray of District No. 2
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CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
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4. City Clerk certifies publication in the Daily Record, the Official Newspaper of the City of Omaha on June 22, 2018, notice of the Pre-Council and Regular City Council Meetings, June 26, 2018.
A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers.
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PRESENTATIONS AND PROCLAMATIONS
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5. Presentations and Proclamations
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LIQUOR |
6. RES. 606 - Class "C/K" Liquor License Application - RCJC, LLC, dba "Stocks & Bonds", 8528 Park Drive. (This is a new application for a new location). Notice was posted on the property on 06/12/18; Notification was sent to property owners within 500 feet on 06/15/18 (PUBLIC HEARING AND VOTE TODAY)
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7. RES. 607 - Class "I" Liquor License Application - Scout Dry Goods and Trade, Inc., dba "Scout Dry Goods and Trade", 5018 Underwood Avenue, Suite 102. (This is a new application for a new location). Notice was posted on the property on 06/12/18; Notification was sent to property owners within 500 feet on 06/18/18 (PUBLIC HEARING AND VOTE TODAY)
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8. RES. 608 - Change of Location - Rita Park, LLC, dba "Modern Love", 1319 South 50th Street, requests permission for a Change of Location of their present Class "C" Liquor License location to be located at 3157 Farnam Street, Suite 7113. Notice was posted on the property on 06/12/18; Notification was sent to property owners within 500 feet on 06/15/18 (PUBLIC HEARING AND VOTE TODAY)
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9. RES. 609 - Manager - Grae Clothing, LLC, dba "Grae", 1150 Sterling Ridge Drive, Suite 101 & 102, requests permission to appoint Amy M. Carson manager of their present Class "I" Liquor License location (PUBLIC HEARING AND VOTE TODAY)
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10. RES 610 - Manager - P. F. Chang's China Bistro, Inc., dba "P. F. Chang's China Bistro", 10150 California Street, requests permission to appoint James T. Connolly manager of their present Class "I" Liquor License location (PUBLIC HEARING AND VOTE TODAY)
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11. RES. 611 - Special Designated License - YFC, Inc., dba "Maha Music Festival", 725 North 14th Street, requests permission for a Special Designated License for an outdoor Music Festival on August 17, 2018 from 5:00 P.M. to 12:00 A.M and August 18, 2018 from 11:30 A.M. to 12:00 A.M. with music until 12:00 A.M. each night (PUBLIC HEARING AND VOTE TODAY)
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(The public hearings on Agenda Items 12 and 13 were held on June 19, 2018.) CONSENT AGENDA - ORDINANCES |
12. ORD. 41507 - An ordinance declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 60th and Harrison Street Improvements, project identified as OPW 53159; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed - (First Reading June 12, 2018; Second Reading and Public Hearing June 19, 2018; Third Reading June 26, 2018)
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13. ORD. 41508 - An ordinance transferring funds from unencumbered balances in the 2017 General Fund Budget of the City of Omaha in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, 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. (2017 Year-End Closing) - (First Reading June 12, 2018; Second Reading and Public Hearing June 19, 2018; Third Reading June 26, 2018)
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(MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE APPROVED) (The public hearings on Agenda Items 14 through 28 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 |
14. RES. 612 - Res. that, as recommended by the Mayor, the City Council concurs with the bid award to Sadler Electric, Inc., for Project HSIP-6-7(180), State Control No. 22482, OPW 52148, being the Dodge Street ASCT, in the amount of $1,057,352.10, with the City's local share in the amount of $105,735.21. (To be paid as a part of the Capital Improvement Program Project 2012T514 from the 2014 Transportation Bond Fund 13184, Organization 117117, in accord with the approved program agreement with NDOT for the project. The City Council hereby authorizes the Mayor and City Clerk to sign the construction contract documents on behalf of the City of Omaha, and that the Mayor and City Clerk are also authorized to sign the attached NDOT documents.)
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15. RES. 613 - Res. that, as recommended by the Mayor, the City Council concurs with the bid award to Commonwealth Electric Company of the Midwest, for Project HSIP- 5023(18), State Control No. 22695, OPW 52948, being the 84th Street ASCT, in the amount of $1,841,982.62, with the City's local share in the amount of $202,618.09. (To be paid as a part of the Capital Improvement Program Project 2012T514 from the 2014 Transportation Bond Fund 13184, Organization 117117, in accord with the approved program agreement with NDOT for the project. The City Council hereby authorizes the Mayor and City Clerk to sign the construction contract documents on behalf of the City of Omaha, and that the Mayor and City Clerk are also authorized to sign the attached NDOT documents.)
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16. RES. 614 - Res. that, as recommended by the Mayor, the City Council concurs with the bid award to Chas. Vrana & Son Construction Co., for Project MAPA-5127(1), State Control No. 22376, OPW 50677, being the 156th Street, West Dodge to Corby, Phase 2 project, in the amount of $20,215,449.37, with the City's local share in the amount of $4,043,089.87. (To be paid as a part of Capital Improvement Program Project 2008T408 from the 2018 Transportation Bond Fund 13185, Organization 117117, in accord with the approved program agreement with NDOT for the project. The City Council hereby authorizes the Mayor and City Clerk to sign the construction contract documents on behalf of the City of Omaha, and that the Mayor and City Clerk are also authorized to sign the attached NDOT documents.)
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17. RES. 615 - Res. that, as recommended by the Mayor, the City Council concurs with the bid award to Western Engineering Company, Inc., for Project MAPA-5044(7), State Control No. 22735, OPW 53252, being Major Street Resurfacing, Omaha - Various Locations, in the amount of $6,459,557.50. (To be paid from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, with up to 80% of participating costs eligible for federal reimbursement in accord with the approved program agreement with NDOT for the project. The City Council hereby authorizes the Mayor and City Clerk to sign the construction contract documents on behalf of the City of Omaha, and that the Mayor and City Clerk are also authorized to sign the attached NDOT documents.)
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18. RES. 616 - Res. that, as recommended by the Mayor, the Professional Services Agreement with CWP Architects in the amount of $39,375.00 to provide professional services on OPW 53421, being the Fire Station #41 Sleeping Quarters Renovation Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $39,375.00, from the 2014 Public Facilities Fund 13246, Fire Capital Organization 114512, year 2018 expenditure.)
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19. RES. 617 - Res. that, as recommended by the Mayor, the Utility Agreement between the City of Omaha and OPPD for OPW 50416, 108th Street - Harrison Street to "Q" Street, known as STPC-5011(9), CN 2223, with the project cost estimated to be $43,791.58, is hereby approved. (To be paid as a part of the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117, year 2018 expenditure. The City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha.)
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20. RES. 620 - Res. that, Resolution No. 398, was passed on May 1, 2018, by the City Council is hereby rescinded immediately in its entirety; and the revised Omaha-Council Bluffs Consortium Consolidated Submission for Community Planning and Development Programs Action Plan for 2018 (Action Plan), as recommended by the Mayor; is hereby approved. Upon receipt from the U.S. Department of Housing and Urban Development, the Mayor is authorized to execute the Funding Approval/ Agreements for the Fiscal Year 2018 Community Development Block Grant, HOME Investment Partnerships and Emergency Shelter Grant Programs
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21. RES. 621 - Res. that, the Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $27,027.00 for the Lead-Based Paint Hazard Control work to the property owned by Maria C. Hernandez located at 4325 Leavenworth Street, Omaha, NE 68105, is hereby approved. The contract is to be awarded to Cherek's Home Repair, LLC. (Funds shall be paid as follows: $27,027.00 from Lead 2015 NELHD0278-15, Fund No. 12136, Org. No. 128104.)
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22. RES. 622 - Res. that, the Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $45,887.00 for the rehabilitation and lead reduction work, when applicable, to the property owned by Kathi Y. Matthews and Edward E. Matthews located at 2306 Manderson Street, Omaha, NE 68110, is hereby approved. The Contract is to be awarded to Lambs Construction. (Funds shall be paid from: $20,887.00 from CDBG Full Rehab SF 2017 Housing Rehabilitation Program, Fund No. 12186, Org. No 128072; $25,000.00 from NAHTF 16-TFHO-027058 Owner Occupied Rehabilitation, Fund No. 12141, Org. No 128101.)
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23. RES. 623 - Res. that, the Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $46,670.00 for the rehabilitation and lead reduction work, when applicable, to the property owned by Nathaniel Cook Jr. located at 3828 North 22nd Street, Omaha, NE 68110, is hereby approved. The Contract is to be awarded to Wilburn Construction, MGT, LLC. (Funds shall be paid from: $21,670.00 from CDBG Full Rehab SF 2017 Housing Rehabilitation Program, Fund No. 12186, Org. No 128072; $25,000.00 from NAHTF 16-TFHO-027058 Owner Occupied Rehabilitation, Fund No. 12141, Org. No 128101.)
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24. RES. 624 - Res. that, as recommended by the Mayor, the bid in the total amount of $105,450.00 from Elkhorn West Construction to replace the heating system at Hanscom Indoor Tennis Center located at 3220 Ed Creighton Avenue, Omaha, Nebraska, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and that the Finance Department is authorized to pay the Funds in the amount of $105,450.00 from the 2014 Parks and Recreation Fund No. 13356, Organization No. 117317, Parks and Cultures Bond, Project I.D. No. 2005P507.)
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25. RES. 628 - Res. that, as recommended by the Mayor, the bid in the total amount of $21,385.00 from Elkhorn Fence, LLC to furnish all labor, materials and equipment necessary for the construction of the fencing. The work includes but is not limited to: chain link fence installation located at Miguel Keith Park located at 2909 U Street, Omaha, Nebraska, being the best bid received within bid specifications, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and that the Finance Department is authorized to pay the Funds in the amount of $21,385.00 from the 2014 Parks and Recreation Fund No. 13356, Organization No. 117317, Parks and Cultures Bond, Project I.D. No. 2000P505.)
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26. RES. 625 - Res. that, as recommended by the Purchasing Agent, the Finance Director, and the Mayor, the donation of the used ballistic shields, unusable for City purposes as provided in Section 5.21 of the Home Rule Charter, to the Waterloo Police Department, to be used by their personnel, is hereby approved; and that the Omaha Police Department is authorized to convey or release to the Waterloo Police Department the donated used ballistic shields
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27. RES. 626 - Res. that, as recommended by the Mayor, the bid of All Makes Office Equipment in the amount of $39,276.31, which represents the bid for the furniture for the Omaha Police Department Backgrounds Unit and Supply Unit, being the lowest bid received within bid specifications, is hereby accepted and the same hereby approved. (The Finance Department of the City of Omaha is authorized to pay the cost of the furniture from Fiscal Year 2018, General Fund 11111, Organization 113141 Fleet and Facilities, Account 44111 Furniture and Fixtures.)
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28. RES. 627 - Res. that, as recommended by the Mayor, the Contract between the Omaha Human Rights and Relations Department and the U.S. Equal Opportunity Commission for reimbursement for processing employment discrimination complaints arising within its jurisdiction for EEOC for the time period of October 1, 2017, to September 30, 2018 and in the amount of $23,420.00, is hereby approved
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(MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE APPROVED) ORDINANCES ON SECOND READING |
29. SPECIAL ORD. 10235 - An ordinance levying a special tax and assessment on all lots and pieces of real estate within Road Maintenance District (RMD) 745-27, in the City of Omaha, to cover the cost of constructing and improving South 94th Street, from West Center Frontage Road south to its terminus north of Rockbrook Park, by asphalt overlay - (First Reading June 19, 2018; Second Reading and Public Hearing June 26, 2018; Third Reading July 10, 2018) (PUBLIC HEARING TODAY)
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30. SPECIAL ORD. 10236 - An ordinance levying a special tax and assessment on all lots and pieces of real estate within Road Maintenance District (RMD) 745-28, in the City of Omaha, to cover the cost of constructing and improving Oak Street, from South 94th Street to its terminus, by asphalt overlay - (First Reading June 19, 2018; Second Reading and Public Hearing June 26, 2018; Third Reading July 10, 2018) (PUBLIC HEARING TODAY)
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31. ORD. 41510 - An ordinance approving the Fifth Addendum to the Interlocal Agreement between the City of Omaha and the Papio-Missouri River Natural Resource District (PMRNRD) regarding a cost-share involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Omaha is to participate with the PMRNRD on the Cole Creek Flood Mitigation Program through the year 2020, in which the City and PMRNRD will partner to provide for a updated study and priorities for further partnership in buying out eligible flood-prone properties via a voluntary acquisition process; to authorize the Finance Department to receive a 50% cost share from PMRNRD not to exceed a total of $750,000.00 in additional funding through 2020, according to the disbursement schedule contained within the Agreement (First Reading June 19, 2018; Second Reading and Public Hearing June 26, 2018; Third Reading July 10, 2018)
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32. ORD. 41511 - An ordinance to amend Sections 31-51, 31-145, 31-147 and 31-158 of the Omaha Municipal Code, dealing with definitions and sewer use fees; to provide for sewer service charges for the period January 1, 2019 through December 31, 2023, subject to an audit of the sewer service charges every five (5) years; and to repeal Sections 31-51, 31-145, 31-147 and 31-158 of the Omaha Municipal Code as heretofore existing - (First Reading June 19, 2018; Second Reading and Public Hearing June 26, 2018; Third Reading July 10, 2018) (PUBLIC HEARING TODAY)
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33. ORD. 41512 - An ordinance to amend Chapter 43 of the Omaha Municipal Code entitled "Building"; to amend code sections therein to conform with previous code changes; to repeal sections 43-5, 43-6, 43-9, 43-10, 43-14, 43-16, 43-71, 43-72, 43-74, 43-75, 43- 76, 43-80, 43-91, 43-104, 43-111, 43-114, 43-121 and 43-126 as heretofore existing - (First Reading June 19, 2018; Second Reading and Public Hearing June 26, 2018; Third Reading July 10, 2018) (PUBLIC HEARING TODAY)
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(CITY COUNCIL WILL NOT MEET ON JULY 3, 2018 DUE TO THE INDEPENDENCE DAY HOLIDAY) PLANNING ORDINANCES ON SECOND READING WITH PLANNING BOARD ATTACHMENTS |
34. ORD. 41509 - An ordinance to rezone the property located at 3021 North 72nd Street from R4(35)-Single-Family Residential District (High Density) to R5-Urban Family Residential District - (First Reading June 19, 2018; Second Reading June 26, 2018; Third Reading, Public Hearing and Vote July 10, 2018)
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34.A. Planning Board and Planning Department recommend approval
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RESOLUTIONS |
35. RES. 618 - Res. that, the Charlie Graham Tax Increment Financing (TIF) Redevelopment Project Plan located at 4103 Leavenworth Street which proposes a newly constructed approximately 17,000 square foot, one-story structure to include 38 onsite parking stalls, recommends the City's participation through the allocation of TIF in an amount up to $562,944.00, plus accrued interest, to offset TIF eligible costs such as acquisition, street paving, utility mains, architectural and engineering fees, and any public improvements, as may be required, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved (LAID OVER TO THE JULY 17, 2018 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING)
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36. RES. 619 - Res. that, The Bank Phase 2 Tax Increment Financing (TIF) Redevelopment Project Plan located at 1919 Douglas Street which proposes to expand and renovate the existing downtown building occupied by Wells Fargo Bank; Wells Fargo will maintain a branch bank operation of about 5,000 square feet in the building and an additional story will be constructed on top of the building; the project will contain approximately 213 one and two-bedroom market rate apartment units averaging approximately 600 square feet and will be tied in to the existing 106 units located in the adjacent Bank Building, also known as the Farm Credit Building with shared common amenity areas located in both buildings; there will be 122 parking stalls inside the building, and an additional 150 stalls in the surface lot across the street at the northwest corner of 20th and Farnam; the surface lot, owned by the project developer, will be improved and landscaped for the parking use, recommends the City's participat
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SPECIAL USE PERMIT |
37. RES. 580 - Res. that, the Special Use Permit application submitted by Dave Paladino, for a Major Amendment to a Special Use Permit (assumed) to allow Convenience storage in a CC-Community Commercial District with a waiver of Section 55-366, Height, for a 125 foot tall flagpole, located at 20800 West Dodge Road, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the referenced application and all applicable local or state statutes, ordinances or regulations are complied with. The proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code (LAID OVER TO THE JULY 10, 2018 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND NOTIFY SURROUNDING PROPERTY OWNERS)
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37.A. Planning Board recommends approval
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37.B. Planning Department recommends denial
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ORDINANCES ON FIRST READING |
38. SPECIAL ORD. 10237 - An ordinance levying a special tax and assessment on certain lots, part of lots and pieces of real estate in the City of Omaha to cover the cost of clearing snow from sidewalks in District No. SWSR 2017-01 - (First Reading June 26, 2018; Second Reading and Public Hearing July 10, 2018; Third Reading July 17, 2018)
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39. ORD. 41513 - An ordinance to approve the execution of a Master Agreement between the City of Omaha and Cox Wireless Access, ("Cox"), providing for Cox's usage of street light poles in City right of way for microcell antennas. (First Reading June 26, 2018; Second Reading and Public Hearing July 10, 2018; Third Reading July 17, 2018)
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40. ORD. 41514 - An ordinance approving a redevelopment and tax increment financing loan agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and Saddlecreek 1011, LLC, a Nebraska limited liability company, to implement the Saddlecreek 1011 Tax Increment Financing (TIF) Redevelopment Project Plan which is for a redevelopment site located northeast of Saddle Creek Road and Pacific Street, and proposes the redevelopment and transformation of an approximately 2.6 acre site that contains a few houses and a warehouse into a market-rate, multi-family development of 158 units with approximately 170 parking stalls provided; the agreement authorizes the use of up to $2,628,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project. (First Reading June 26, 2018; Second Reading and Public Hearing July 10, 2018; Third Reading July 17, 2018)
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41. ORD. 41515 - An ordinance approving a Redevelopment Agreement by and between the City of Omaha and the Omaha Shelter for Homeless Trust for the redevelopment of the a site located at the northwest corner of 16th and Nicholas Streets. (First Reading June 26, 2018; Second Reading and Public Hearing July 10, 2018; Third Reading July 17, 2018)
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42. ORD. 41516 - An ordinance to approve a first amendment to business property lease between the City of Omaha and Circo Strategic Investments, LLC for approximately 1,724 square feet of space on the first floor in the LeDoiyt Landmark Building Located at 1001 Farnam Street for operation of the Omaha Convention and Visitors Bureau's (OCVB) Visitor Information Center; to authorize the amount not to exceed $2,729.67 per month to authorize the payments specified therein. (First Reading June 26, 2018; Second Reading and Public Hearing July 10, 2018; Third Reading July 17, 2018)
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EXECUTIVE SESSION |
43. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation.
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ADJOURNMENT |
44. Motion to adjourn
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