Loading...
2012-07-17j23rd REGULAR OMAHA CITY COUNCIL MEETING JULY 17, 2012 THE CITY COUNCIL met in Regular Session on Tuesday, July 17, 2012 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 # 928 – Present: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President 2. Pledge of Allegiance. 3. Invocation by Council President Thomas M. Mulligan of District No. 7. 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 July 13, 2012, notice re: Pre-Council and Regular City Council Meetings, July 17, 2012. CCID # 929 – 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. - 2 - MAYOR’S BUDGET MESSAGE & PRESENTATION FOR THE YEAR 2013 4.5 Mayor Jim Suttle’s Budget Message and Presentation of the recommended budget for year 2013 – see attached. ((MOTION NEEDED TO SET THE PUBLIC HEARING ON AUGUST 14, 2012 AT 7:00 P.M.)) Mayor Jim Suttle appeared and spoke. CCID # 1005 – Motion by Thompson to set the public hearing on August 14, 2012 at 7:00 p.m. Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone property located Southeast of 50th and Washington Streets from DR-Development Reserve District to R4-Single-Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 861 – June 26 and July 3 Meetings) Notice of public hearing on July 17, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 861 - Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39380 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southeast of 50th and Washington Streets from DR to R4 – see attached. (See Doc. # 861 – June 26 Meeting) # 861 – From Chair on File 6. Res. that the preliminary plat entitled HOMESTEAD ACRES REPLAT 2, located Southeast of 50th and Washington Streets, along with the attached condition, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – over from 6/26/12 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 862 – June 26 Meeting) - 3 - Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 862 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of HOMESTEAD ACRES REPLAT 2, located Southeast of 50th and Washington Streets – Outside City – over from 6/26/12 – see attached. (See Doc. # 862 – June 26 Meeting) # 862 – From Chair on File 7. Res. that the replat transmitted herewith entitled HOMESTEAD ACRES REPLAT 2, located Southeast of 50th and Washington Streets, is hereby approved, and concurrently a portion of the existing plat entitled Homestead Acres, and described on said replat, is hereby vacated – Outside City – over from 6/26/12 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 863 – June 26 Meeting) Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 863 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of HOMESTEAD ACRES REPLAT 2, located Southeast of 50th and Washington Streets – Outside City – over from 6/26/12 – see attached. (See Doc. # 862 – June 26 Meeting) # 863 – From Chair on File 8. Res. that, the Subdivision Agreement between the City of Omaha and Tony Rahimian, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Homestead Acres Replat 2 and is located Southeast of 50th and Washington Streets – over from 6/26/12 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 864 – June 26 Meeting) - 4 - Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 864 – ADOPTED 7-0 9. Ord. to rezone property located Southwest of 60th Street and Hartman Avenue from CC-Community Commercial District to R6-Low-Density Multiple Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 865 – June 26 and July 3 Meetings) Notice of public hearing on July 17, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 865 - Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39381 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 60th Street and Hartman Avenue from CC to R6 – see attached. (See Doc. # 865 – June 26 Meeting) # 865 – From Chair on File 10. Ord. to approve a PUD-Planned Unit Development Overlay District in a R6-Low- Density Multiple-Family Residential District located Southwest of 60th Street and Hartman Avenue, to approve the Development Plan, and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 866 – June 26 and July 3 Meetings) Notice of public hearing on July 17, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 866 - Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39382 – PASSED 7-0 - 5 - (a) Planning Board and Planning Department recommend approval of a request for a PUD-Planned Unit Development Overlay District in a R6-Low-Density Multiple-Family Residential District located Southwest of 60th Street and Hartman Avenue – see attached. (See Doc. # 866 – June 26 Meeting) # 866 – From Chair on File 11. Res. that the plat entitled CYPRESS POINTE, located Southwest of 60 th Street and Hartman Avenue, is hereby approved and accepted – Inside City – over from 6/26/12 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 867 – June 26 Meeting) Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 867 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of CYPRESS POINTE, located Southwest of 60th Street and Hartman Avenue – Inside City – over from 6/26/12 – see attached. (See Doc. # 867 – June 26 Meeting) # 867 – From Chair on File 12. Res. that, the Subdivision Agreement between the City of Omaha and Cypress Pointe, LLC, a Nebraska Corporation, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Cypress Pointe Addition and is located Southwest of 60th Street and Hartman Avenue – over from 6/26/12 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 868 – June 26 Meeting) Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 868 – ADOPTED 7-0 - 6 - 13. Ord. to rezone property located at 7052 Dodge Street from GC-General Commercial District with an ACI-2(65) Area of Civic Importance Overlay District to CC-Community Commercial District with an ACI-2(65) Area of Civic Importance Overlay District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 886 – June 26 and July 3 Meetings) Notice of public hearing on July 17, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. Jeff Lake, Olsson Associates, 2111 South 67th Street, appeared and spoke. CCID # 886 - Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39383 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 7052 Dodge Street from GC/ACI-2(65) to CC/ACI-2(65) – see attached. (See Doc. # 886 – June 26 Meeting) # 886 – From Chair on File 14. Res. that the plat entitled ONE LOVE FIRST ADDITION, located at 7052 Dodge Street, is hereby approved and accepted – Inside City – over from 6/26/12 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 887 – June 26 Meeting) Jeff Lake, Olsson Associates, 2111 South 67th Street, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 887 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of ONE LOVE FIRST ADDITION, a minor plat located at 7052 Dodge Street – Inside City – over from 6/26/12 – see attached. (See Doc. # 887 – June 26 Meeting) # 887 – From Chair on File - 7 - 15. Res. that, the Subdivision Agreement between the City of Omaha and Raising Cane’s Restaurants, L.L.C., a Louisiana limited liability company, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as One Love First Addition and is located at 7052 Dodge Street – over from 6/26/12 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 888 – June 26 Meeting) Jeff Lake, Olsson Associates, 2111 South 67th Street, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 888 – ADOPTED 7-0 16. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 7802 Military Avenue; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 869 – June 26 and July 3 Meetings) Notice of public hearing on July 17, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 869 - Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39384 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an MCC-Major Commercial Corridor Overlay District for the property located at 7802 Military Avenue – see attached. (See Doc. # 869 – June 26 Meeting) # 869 – From Chair on File 17. Ord. to rezone property located Southeast of 180th and Fort Streets from AG - Agricultural District to R4-Single Family Residential District (High-Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 870 – June 26 and July 3 Meetings) Notice of public hearing on July 17, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. - 8 - Jeff Lake, Olsson Associates, 2111 South 67th Street, appeared and spoke. CCID # 870 - Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39385 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southeast of 180th and Fort Streets from AG to R4 – see attached. (See Doc. # 870 – June 26 Meeting) # 870 – From chair on File 18. Res. that the plat transmitted herewith entitled SAGEWOOD WEST, located Southeast of 180th and Fort Streets, is hereby approved and accepted – Outside City – over from 6/26/12 – see attached. ((PUBLIC HEARING TODAY- CAN BE ADOPTED TODAY)) (See Doc. # 871 – June 26 Meeting) Jeff Lake, Olsson Associates, 2111 South 67th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 871 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of SAGEWOOD WEST, located Southeast of 180th and Fort Streets – Outside City – over from 6/26/12 – see attached. (See Doc. # 871 – June 26 Meeting) # 871 – From Chair on File 19. Res. that, the Subdivision Agreement between the City of Omaha and Douglas County School District No. 10, which is commonly known as the Elkhorn School District, as recommended by the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, contribution toward traffic signals at 180th Street & West Maple Road, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Sagewood West (Lots 1 and 2) and is located Southeast of 180th and Fort Streets – over from 6/26/12 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 884 – June 26 Meeting) - 9 - Jeff Lake, Olsson Associates, 2111 South 67th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 884 – ADOPTED 7-0 RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENTS 20. Res. that the preliminary plat entitled NORTH POINTE REPLAT 2, located Northwest of 50th Street and Ames Avenue, attached hereto and made a part hereof as Exhibit “A”, with a request for a waiver of Sec tion 53-8(4)(d) regarding Lot frontage, 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 6/26/12 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 848 – June 26 Meeting) Larry Jobeun, Attorney for the applicant, 11440 West Center Road, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 848 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of NORTH POINTE REPLAT 2 with a waiver of Section 53-8(4)(d) of the Omaha Municipal Code regarding Lot frontage, located Northwest of 50th Street and Ames Avenue – Inside City – over from 6/26/12 – see attached. (See Doc. # 848 – June 26 Meeting) # 848 – From Chair on File - 10 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 21 THROUGH 23 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” 21. Res. that the preliminary plat entitled MIRACLE HILLS REPLAT 3, located Northwest of 120th Street and West Dodge Road, 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 July 31, 2012 published in the Daily Record on July 20, 2012. CCID # 935 – Over two weeks to July 31, 2012 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of MIRACLE HILLS REPLAT 3, a minor plat located Northwest of 120th Street and West Dodge Road – Inside City – see attached. # 935 – Over to 07/31/12 22. Res. that the replat transmitted herewith entitled ANDERSON ACRES REPLAT FOUR, located Southeast of 132nd Street and West Dodge Road, is hereby approved, and concurrently a portion of the existing plats entitled Anderson Acres Replat Three, Anderson Acres Replat No. 2, and Goldstreet, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on July 31, 2012 published in the Daily Record on July 20, 2012. CCID # 954 – Over two weeks to July 31, 2012 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 ANDERSON ACRES REPLAT FOUR, located Southeast of 132nd Street and West Dodge Road – Inside City – see attached. # 954 – Over to 07/31/12 23. Res. that the preliminary plat entitled GEORGETOWNE REPLAT VI, located Southeast of 144th and Arbor Streets, along with the attached condition, is hereby accepted; and, the preparation of the final plat of this subdivision is her eby authorized – Inside City – see attached. Notice of public hearing on July 31, 2012 published in the Daily Record on July 20, 2012. - 11 - CCID # 936 – Over two weeks to July 31, 2012 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of GEORGETOWNE REPLAT VI, a minor plat located Southeast of 144th and Arbor Street – Inside City – see attached. # 936 – Over to 07/31/12 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 24 THROUGH 25 SHALL BE LAID OVER FOR TWO WEEKS” 24. Res. that the plat entitled RANCH VIEW ESTATES 3, located Southwest of 213th and Walnut Streets, is hereby approved and accepted – Outside City – see attached. CCID # 958 – Over two weeks to July 31, 2012 pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of RANCH VIEW ESTATES 3, located Southwest of 213th and Walnut Streets – Outside City – see attached. # 958 – Over to 07/31/12 25. Res. that, the Subdivision Agreement between the City of Omaha and MJA Development, LLC, a Nebraska limited liability company, as recommended by the Mayor, providing for the Watershed Management fees and Park fees, is hereby approved. The Subdivision is to be known as Anderson Acres, Replat Four and is located Southeast of 132nd Street and West Dodge Road – see attached. CCID # 955 – Over two weeks to July 31, 2012 pursuant to City Council Rule VII E. * * * * * * * * * * * * * * - 12 - SPECIAL USE PERMIT – CUSTOM MANUFACTURING 26. Res. that the Special Use Permit application submitted by Associated Property, LLC., for a Special Use Permit to allow Custom Manufacturing in a CC - Community Commercial District located at 4905 South 97th 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 6/26/12 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 849 – June 26 Meeting) Patrick Sullivan, 1246 Golden Gate Drive, Papillion, NE appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 849 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of a Special Use Permit to allow Custom Manufacturing in a CC- Community Commercial District located at 4905 South 97th Street – over from 6/26/12 – see attached. (See Doc. # 849 – June 26 Meeting) # 849 – From Chair on File - 13 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 27 THROUGH 29 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMITS – AUTOMOTIVE SALES 27. Res. that the Special Use Permit application submitted by Jeffrey Hannon for a Special Use Permit to allow Automotive sales in a GC -General Commercial District, located at 6901 Maple Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefore, provided the conditions set out in Exhibit "A" of the above referenced application, 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 July 31, 2012 published in the Daily Record on July 20, 2012. CCID # 937 – Over two weeks to July 31, 2012 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend DENIAL of the request of Jeffrey Hannon for a Special Use Permit to allow Automotive sales in a GC District located at 6901 Maple Street – see attached. # 937 – Over to 07/31/12 28. Res. that the Special Use Permit application submitted by Lexus of Omaha for a Major Amendment to a Special Use Permit to allow Automotive sales in a CC - Community Commercial District, located Southeast of 132nd Street and 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 above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. Notice of public hearing on July 31, 2012 published in the Daily Record on July 20, 2012. CCID # 956 – Over two weeks to July 31, 2012 for publication and public hearing pursuant to City Council Rule VII E. - 14 - (a) Planning Board and Planning Department recommend approval of the request of Lexus of Omaha for a Major Amendment to a Special Use Permit to allow Automotive sales in a CC District located Southeast of 132nd Street and West Dodge Road – see attached. # 956 – Over to 07/31/12 SPECIAL USE PERMIT – CONVENIENCE STORAGE 29. Res. that the Special Use Permit application submitted by Ryan Steele for a Special Use Permit to allow Convenience storage in a CC-Community Commercial District, located Southwest of 90th Plaza and Sorensen Parkway, 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. Notice of public hearing on July 31, 2012 published in the Daily Record on July 20, 2012. CCID # 950 – Over two weeks to July 31, 2012 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the request of Ryan Steele for a Special Use Permit to allow Convenience storage in a CC District located Southwest of 90th Plaza and Sorensen Parkway – see attached. # 950 – Over to 07/31/12 * * * * * * * * * * * * * * LIQUOR 30. PACKAGE – Worldview Traders, Inc., dba “Snack Attack”, 2938 North 108th Street, Suite 17. New application, Old location. Present licensee is Michome Enterprises, Inc., dba “Snack Attack”, 2938 North 108th Street, who has a Package Liquor License – over from 7/3/12 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Sean Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. - 15 - Motion by Gray that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 893 – ADOPTED 6-0-1 Pass 31. CLASS “C” – Lalebela Ethiopian Restaurant, LLC, dba “Lalebela Ethiopian Restaurant”, 4422 Cass Street. New application, New location. Property posted: 07-03-12; Notification sent: 07-06-12 – 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: Mulualem Gebreyesus, 4422 Cass Street Margie Magnuson, Joslyn Castle Neighborhood Association, 4151 Davenport Street CCID # 930 – Application read Motion by Jerram that the application be amended from a Class “C” Liquor License to a Class “I” Liquor License Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 Motion by Jerram that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 930 – ADOPTED AS AMENDED 7-0 (a) Communication supporting the application of Lalebela Ethiopian Restaurant, LLC, dba “Lalabela Ethiopian Restaurant”, 4442 Cass Street, for a Class “C” Liquor License – see attached. # 930 – From Chair on File - 16 - 32. PACKAGE – Campesino Loco, LLC, dba “Jack’s Discount Tobacco & Liquor”, 721 North 120th Street. New application, New location. Property posted: 07-03- 12; Notification sent: 07-06-12 – 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: Adam Watson, 12122 Spencer Street Jim Watson, 660 Riverside Drive Motion by Thompson that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 931 – ADOPTED 7-0 33. PACKAGE – Super Mercadito, L.L.C., dba “Super Mercadito”, 1052 Park Avenue. New application, New location. Property posted: 06 -26-12; Notification sent: 07-06-12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Sean Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted subject to no singles sales of beer and airplane shots Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 932 – ADOPTED 6-0-1 Pass (a) Communication opposing the application of Super Mercadito, L.L.C., dba “Super Mercadito”, 1052 Park Avenue for a Package Liquor License – see attached. # 932 – From Chair on File - 17 - 34. Sergymart, LLC, dba “Corner Food Mart”, 2430 South 24th Street, requests permission to appoint Lora L. Bush manager of their pending Package Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Lora Bush, 2430 South 24th Street, appeared and spoke. CCID # 933 – Motion by Gernandt that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 35. No Do Zesto’s Operating, L.L.C., dba “Zesto/Blatt Beer & Table”, 610 North 12th Street, requests permission for a Special Designated License for a beer garden on July 20-23, 2012 from 10:00 a.m. to 2:00 a.m. with music until 1:00 a.m . – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Sean Kelley, 7134 Pacific Street, appeared and spoke. CCID # 963 – Motion by Gray that the request be approved Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass CONSENT AGENDA (Any member of the City Council may cause a ny 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 hearing on Agenda Item No. 36 was held on July 3, 2012.) - 18 - CONSENT AGENDA – ORDINANCE 36. Ord. to approve an Amendment to the Aksarben Apartments, LLC (an Affiliate of Broadmoor Development Company) Tax Increment Financing (TIF) Redevelopment Agreement approved by Ordinance No. 37837 on September 11, 2007 to remove the area legally described as Lot 2, Aksarben Village Replat 3 from that plan area, to remove four rental townhouse units and sixty -nine 3-story townhomes from the Plan, and to reduce the originally approved TIF Loan from $5,000,000.00 to $3,500,000.00; to approve the Aksarben Apartments II, LLC Tax Increment Financing Redevelopment Loan Agreement between the City of Omaha and Aksarben Apartments II, LLC to develop the Aksarben Apartments II, LLC Tax Increment Financing Redevelopment Project Plan, which contemplates the use of Tax Increment Financing (TIF) in the amount of $2,500,000.00 to redevelop the project site located at 2121 South 64 th Plaza into 148 new efficiency, one and two-bedroom apartment units with enclosed parking garages; and providing for an effective date – see attached. (See Doc. # 881 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 881 - Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39386 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCE ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 37 through 47 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) - 19 - CONSENT AGENDA – RESOLUTIONS 37. Res. that, as recommended by the Mayor, the contract with MBC Construction Co., Inc. for OPW 52070, being the reconstruction of 48th Street from “L” Street to “Q” Street in the amount of $1,066,096.91 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2006 Transportation Fund 12182, 2011 Transportation Bonds Organization 117116, year 2012 expenditures. MUD will contribute $256,339.95 to this project making the City’s estimated cost $809,756.96 – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 938 – ADOPTED 7-0 38. Res. that, as recommended by the Mayor, the contract with Rife Construction, Inc. for OPW 52312-SP, being Benson Park and Pavilion ADA Improvements located at 7028 Military Avenue in the amount of $131,998.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2010 Public Facilities Bond Fund 13245, Facilities Management Capital Organization 116262, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 939 – ADOPTED 7-0 39. Res. that, as recommended by the Mayor, the contract with Spencer Management for OPW 52330-SP, being Fire Station #23 Re-Roof, located at 9090 North 30th Street in the amount of $32,800.00 and including Alternate No. 1, which is an as needed bid item in the amount of $6.00 per sheet and Alternate No. 2, which is a lump sum item in the amount of $11,200.00 as detailed in the bid tabulation is hereby approved; and, that the Finance Department is authorized to pay this cost from the General Fund 11111, Contract Administration Organization 116261, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 940 – ADOPTED 7-0 - 20 - AGENDA ITEM NO. 40 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER STOTHERT 40. Res. that, as recommended by the Mayor, the Program Agreement between the City of Omaha and the Nebraska Department of Roads for Project MAPA- 28(113), State Control No. 22550, OPW 52335, and is a part of 2012-2017 Capital Improvements Program Transportation Project 503, being Omaha LED Traffic Signal Indications, comprised of deployment across approximately 525 signalized locations throughout the City, with the City’s share of the project cost including up to $15,000 of in-house preliminary engineering and a local funding match of $251,000 which will be paid from the 2010 Transportation Bond Fund 13183, Organization 117117, is hereby approved; and that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. THE FOLLOWING PERSONS APPEARED AND SPOKE: For the City: Bob Stubbe, Public Works Director Murthy Koti, City Traffic Engineer, Public Works Department Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 941 – ADOPTED 7-0 41. Res. that, as recommended by the Mayor, Supplemental Agreement No. 6 with Felsburg Holt & Ullevig for the provision of additional services not included in the scope of the original Engineering Agreement or previous Supplemental Agreements in regard to the widening and improvements to 144 th Street from West Dodge Road to Eagle Run Drive and to Blondo Street from 135th Street to Eldorado Drive designated as projects STPC-5001(15) CN 22202 and SP 2000- 14, and MAPA-5001(19) CN 22202a and SP 2000-14a, is hereby approved; further that, the Finance Department is authorized to pay the Ci ty’s portion of the additional fee in an amount not to exceed $6,260.00 for these engineering services from the 2006 Transportation Bond Fund 13182, 2010 Issue of 2006 Transportation Bond Organization 117115; and that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 942 – ADOPTED 7-0 - 21 - 42. Res. that, as recommended by the Mayor, the Program Agreement between the City of Omaha and the Nebraska Department of Roads for Project BR-NBIS(95), State Control No. 00872, being 2012 Fracture Critical Bridge Inspections within the City of Omaha, with the City’s share of the project cost, estimated to be $353.68, to be paid from the Street and Highway Allocation Fund 12131, Bridge Maintenance and Rehab Organization 116164 , is hereby approved; and that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 943 – ADOPTED 7-0 43. Res. that pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on May 24, 2011, the City of Omaha officially designates the Omaha North High Homecoming Parade as a special event under LB 589 and NEB. REV. STAT. §39-1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties imposed by such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a result of the special event and the temporary use of U. S. Highway 75 from Redick Avenue to Bondesson Street on September 21, 2012, between the hours of 1:00 p.m. and 2:45 p.m., for the entire route of the Omaha North High School’s event, the Omaha North High Homecoming Parade – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 944 – ADOPTED 7-0 44. Res. that, as recommended by the Mayor, the attached Agreement between the City of Omaha and Cypress Pointe LLC, a Nebraska limited liability company, Managing Member, Midwest Housing Initiatives Inc., a Nebraska Non-profit Corporation, has submitted an application to the City of Omaha for funding assistance to construct twelve (12) duplex residential buildings, for a total of 24 two-bedroom affordable rental units for occupancy by income qualified households each of which includes at least one senior 55 years of age or older. Four (4) of the two-bedroom units will be considered fixed HOME-assisted units and each of which is to be occupied, as their principal place of residence throughout the Affordability Period, by a qualified tenant household whose initial annual household income is at or below 60% of the Median Income by Family Size (MFI) is hereby approved. Funding in the amount of $500,000.00 shall be payable from the FY 2011 HOME Program Fund No. 12179 Organization No. 128041 – see attached. - 22 - Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 945 – ADOPTED 7-0 45. Res. that the City of Omaha accepts the attached U. S. Environmental Protection Agency Cooperative Agreement V–97734901, which approves funding in the amount of $987,500.00 for a lead soil registry for the Agreement period of June 1, 2012 to May 30, 2019 – see attached. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 967 – ADOPTED AGENDA ITEM NO. 46 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCIL PRESIDENT MULLIGAN 46. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Schemmer Associates, Inc., in the total amount of $84,000.00, to provide design, construction documents, and bidding services for a new City Parks & Recreation Maintenance Garage on the site of the Southwest Street Maintenance Facility, located at 4040 South 96 th Street, 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 2010 Parks & Recreation Bond Fund No. 13355 and Organization No. 117317, 2012 Issue Parks & Cultures Bond – see attached. Brook Bench, Acting Parks, Recreation and Public Property Director, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 946 – ADOPTED 7-0 47. Res. that, as recommended by the Mayor, the attached one year contract with NewsBank, Inc. providing access to the Omaha World Herald and America’s News by NewsBank Annual Subscriptions in the amount of $37,995.00 is hereby approved; and, the Finance Department is authorized to pay the $37,995.00 cost thereof from the Library’s General Fund 11111, Organization 117016, Object Code 43416, year 2012 expenditures – see attached. - 23 - Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 964 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCES ON FINAL READING and Planning Board Attachments 48. 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 Southeast of 156th Street and West Maple Road, Seven Pines, Highland Park and adjacent area (SID 370) – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 872 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 872 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39387 – PASSED 7-0 49. 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 East of 156th Street and Rolling Ridge Road, Walnut Lake (SID 414) – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 873 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. - 24 - CCID # 873 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39388 – PASSED 7-0 50. 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 Northwest of 132nd and Fort Streets, Standing Bear (SID 416) – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 874 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 874 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39389 – PASSED 7-0 51. 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 Northeast of 147th Street and West Maple Road, Hillsborough Plaza (SID 440 ) – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 875 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 875 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39390 – PASSED 7-0 52. 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 S outhwest of 132nd and Fort Streets, Pegasus (SID 447) – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 876 – June 26 and July 3 Meetings) - 25 - Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 876 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39391 – PASSED 7-0 53. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska and incorporating the same into and making the s ame a part of the City of Omaha and to provide an effective date hereof, located Northwest of 156th and “Q” Streets, Lakeview Heights and Chimney Ridge (SID 244) – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 877 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 877 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39392 – PASSED 7-0 54. 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 Northeast of 156th Street and West Dodge Road, Pepperwood (SID 300) – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 878 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 878 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39393 – PASSED 7-0 - 26 - 55. 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 Southwest of 144th and “F” Streets, The Colonies and adjacent area (SID 330) – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 879 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 879 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39394 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of the 2012 Annexation Package – see attached. (See Doc. # 879 – June 26 and July 3 Meeting) # 879 – From Chair on File 56. Ord. to amend that part of Section 1 of Ordinance No. 28378, passed July 27, 1978, pertaining to and extending the City Limits of the City of Omaha over certain land in Douglas County, Nebraska, to correct the legal description of said lands, and to provide the effective date hereof – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 880 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 880 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39395 – PASSED 7-0 (a) Planning Department recommends approval of the correction to a minor error in the legal description of Ordinance Number 28378, which approved the annexation of Lake Cunningham Park (Dam Site 11) into the Omaha city limits on July 27, 1978 – see attached. (See Doc. # 880 – June 26 and July 3 Meeting) # 880 – From Chair on File - 27 - ORDINANCE ON FINAL READING 57. Ord. to accept the bid of FBG Service Corporation, in the total amount of $219,914.00, per year, to furnish custodial services at various Recreational facilities, for the Parks, Recreation and Public Property Department, for a t hree- year (3) period, beginning July 1, 2012, through June 30, 2015, extendible for three (3) one-year terms at the sole option of the City through June 30, 2018, to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date – see attached. ((PUBLIC HEARING HELD 7/3/12 – CAN BE PASSED TODAY)) (See Doc. # 882 – June 26 and July 3 Meetings) Notice of public hearing on July 3, 2012 published in the Daily Record on June 29, 2012. Ordinance passed July 17, 2012 published in the Daily Record on July 25, 2012. CCID # 882 - Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39396 – PASSED 7-0 RESOLUTIONS 58. Res. that, the attached Menards, Inc / Menards Plaza Tax Increment Financing Redevelopment Project Plan containing approximately 26.39-acres generally bounded by “L” Street on the north, floodway and 73rd Street on the southwest, and 72nd Street on the east that authorizes the City’s participation through the allocation of Tax Increment Financing in an amount up to $2,000,000.00 to offset the costs of site development and Other Public Improvements as may arise within the project plan area, and all of which comprise the sole use of TIF; containing a provision for the division of ad valorem taxes under Section 18 -2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – over from 6/19/12 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 817 – June 19 Meeting) Ken Johnson, Planning Department, appeared and spoke. Motion by Stothert that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 817 – ADOPTED 7-0 - 28 - 59. Res. the attached North Omaha Senior Cottages Phase I Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project site located at 5345 St. Richards Plaza: Duplex Addresses - 5447, 5449, 5455 & 5457 St. Richards Plaza proposes the new construction of 12, two-bedroom duplexes (24 units/cottages) for seniors on the north side of the campus , recommending the City’s participation through the allocation of tax increment financing in an amount up to $276,256.00 to offset costs of site work, architectural, surveying, environmental and engineering fees, and also includes $10,000.00 of the TIF allocation towards public improvements, but is subject to change as final costs come in, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – over from 6/26/12 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 860 – June 26 Meeting) Bridget Hadley, Planning Department, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 860 – ADOPTED 7-0 “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 60 THROUGH 63 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 60. Ord. to rezone the property located at 324 North 35th Avenue from R3 -Single- Family Residential District (Medium Density) to R5-Urban Family Residential District. (See Doc. # 916 – July 3 Meeting) CCID # 916 – ORDINANCE ON SECOND READING – Final reading to be held on July 24, 2012 as per City Charter requirements. 61. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 75 01 Cass Street; and to provide for an effective date – see attached. (See Doc. # 917 – July 3 Meeting) CCID # 917 – ORDINANCE ON SECOND READING – Final reading to be held on July 24, 2012 as per City Charter requirements. - 29 - 62. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 3052 South 84th Street; and to provide for an effective date – see attached. (See Doc. # 918 – July 3 Meeting) CCID # 918 – ORDINANCE ON SECOND READING – Final reading to be held on July 24, 2012 as per City Charter requirements. 63. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 2501 South 90th Street; and to provide for an effective date – see attached. (See Doc. # 919 – July 3 Meeting) CCID # 919 – ORDINANCE ON SECOND READING – Final reading to be held on July 24, 2012 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 64. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and United States Cold Storage, Inc, a New Jersey Corporation to implement the United States Cold Storage (USCS), Inc Tax Increment Financing (TIF) Redevelopment Project Plan proposed for the site located at 4302 S 30th Street, Omaha, NE which contemplates and authorizes the phased demolition of the current facilities, public improvements, site development, the conversion, rehabilitation and redevelopment of the entire site for the new USCS freezer warehouse and distribution facilities; the Agreement authorizes the use of $4,899,825.00 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. # 920 – July 3 Meeting) Ken Johnson, Planning Department, appeared and spoke. CCID # 920 – Public hearing was held today – Final reading set for July 24, 2012 as per City Charter requirements. - 30 - 65. Ord. pursuant to Omaha Home Rule Charter section 5.17 to approve a contract involving the payment of money from appropriations of more than one year; to approve an agreement with Thomson Reuters Westlaw and West Publishing Company of St. Paul, Minnesota, for printed law books and electronic research material for the Omaha Law Department; authorizing the Mayor and City Clerk to execute and attest the agreement; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 925 – July 3 Meeting) CCID # 925 – Public hearing was held today – Final reading set for July 24, 2012 as per City Charter requirements. 66. Spec. Ord. levying a special tax and assessment on certain lots, parts of lots and pieces of real estate in the City of Omaha to cover the cost of cl earing snow from City streets in District No STSR 2012-01 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 921 – July 3 Meeting) CCID # 921 – Public hearing was held today – Final reading set for July 24, 2012 as per City Charter requirements. “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 67 THROUGH 73 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 67. Ord. to rezone the property located at 4014 South 13th Street from GC -General Commercial District to CC- Community Commercial District. CCID # 947 – Publication to be made and public hearing and third reading to be held on July 31, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend APPROVAL of a request to rezone the property located at 4014 South 13th Street from GC to CC – see attached. # 947 – Over to 07/31/12 68. Ord. to rezone the property located at 5813 Holmes Street from DR-Development Reserve District to R4-Single-Family Residential District (High Density). CCID # 948 – Publication to be made and public hearing and third reading to be held on July 31, 2012 as per City Charter requirements. - 31 - (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 5813 Holmes Street from DR to R4 – see attached. # 948 – Over to 07/31/12 69. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located Southwest of 90th Plaza and Sorensen Parkway; and to provide for an effective date – see attached. CCID # 949 – Publication to be made and public hearing and third reading to be held on July 31, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of an MCC-Major Commercial Corridor Overlay District, for property located Southwest of 90th Plaza and Sorensen Parkway – see attached. # 949 – Over to 07/31/12 70. Ord. to rezone property located Southeast of 132nd Street and West Dodge Road from LO-Limited Office District and CC-Community Commercial District to CC-Community Commercial District. CCID # 951 – Publication to be made and public hearing and third reading to be held on July 31, 2012 as per City Charter requirements. 71. Ord. to amend the boundaries of the ACI-4 district of the Area of Civic Importance Overlay District, to incorporate into that district the property located Southeast of 132nd Street and West Dodge Road; and to provide for an effective date – see attached. CCID # 952 – Publication to be made and public hearing and third reading to be held on July 31, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southeast of 132nd Street and West Dodge Road from LO and CC to CC and approval of an ACI- 4-Area of Civic Importance Overlay District – see attached. # 952 – Over to 07/31/12 - 32 - 72. Ord. to approve a Major Amendment to a PUD-Planned Unit Development Overlay District in a CC-Community Commercial District for the property located Southeast of 132nd Street and West Dodge Road; and to provide for an effective date – see attached. CCID # 953 – Publication to be made and public hearing and third reading to be held on July 31, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the request of Lexus of Omaha for a Major Amendment to a PUD- Planned Unit Development Overlay District for property located Southeast of 132nd Street and West Dodge Road – see attached. # 953 – Over to 07/31/12 73. Ord. to rezone property located Southwest of 213th and Walnut Streets from AG- Agricultural District to R2-Single-Family Residential District (Low Density). CCID # 957 – Publication to be made and public hearing and third reading to be held on July 31, 2012 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 213th and Walnut Streets from AG to R2 – see attached. # 957 – Over to 07/31/12 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 74 THROUGH 79 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 74. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for constructing the 76th Circle, South of “F” Street to Big Papillion Creek project identified as City Project No. OPW 52206, providing that the City negotiate with the prope rty owners for land acquisition, permanent easements and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. CCID # 959 – Publication to be made and public hearing to be held on July 24, 2012 as per City Charter requirements. - 33 - 75. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for constructing the 156th Street – West Dodge Road to Corby, Phase 1 (Blondo Street) project identified as City Project No. OPW 52288, Federal Project No. MAPA-5127(2), C.N. 22376A, providing that the City negotiate with the property owners for land acquisition, permanent easements and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. CCID # 960 – Publication to be made and public hearing to be held on July 24, 2012 as per City Charter requirements. 76. Ord. to approve the Menard, Inc, Tax Increment Financing (TIF) Redevelopment Agreement to implement the, Menard, Inc Tax Increment Financing (TIF) Redevelopment Plan approved on July 17, 2012 for the rehabilitation and redevelopment of the vacant redevelopment site known as Menards Plaza at 72nd and “L” Streets addressed as 4726 South 72 nd Street and 7337 “L” Street for the development and construction of Menards Plaza; to approve the Menard, Inc Tax Increment Financing Redevelopment Loan Agreement which contemplates and authorizes the use of Tax Increment Financing (TIF) in the amount of $2,000,000.00, to assist in the redevelopment of the project site for the development and construction of Menards Plaza at 72nd and “L” Streets; and to provide an effective date – see attached. CCID # 965 – Publication to be made and public hearing to be held on July 24, 2012 as per City Charter requirements. 77. Ord. to approve a License Agreement and Maintenance Agreement betwe en the City of Omaha and Accela, Inc., providing the Omaha Planning Department with 25 additional licenses for the Accela Systems; to approve and authorize the payment of money from appropriations of more than one year as provided in Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; and to provide the effective date thereof. Funds for the Accela License Agreement, 4 years of the Accela Maintenance Agreement will be paid from the Technology and Training Fund 21217, Organization 109041 – see attached. CCID # 966 – Publication to be made and public hearing to be held on July 24, 2012 as per City Charter requirements. 78. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Administrative Information Coordinator with a salary range of 14.1 MC ($49,418 - $59,729); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. - 34 - CCID # 961 – Publication to be made and public hearing to be held on July 24, 2012 as per City Charter requirements. 79. Ord. to provide for approving an Interlocal Agreement between the City of Omaha and the City of Bellevue for more than one year with the Omaha Police Department’s Crime Lab to provide crime lab services for the City of Bellevue; and to provide for the effective date hereof – see attached. CCID # 962 – Publication to be made and public hearing to be held on July 24, 2012 as per City Charter requirements. * * * * * * * * * * * * * CHAIRMAN OF THE BOARD OF EQUALIZATION 80. Chairman of the Board of Equalization reports approval of the Plans of Assessment with adjustments made at their regular meeting held July 3, 2012. ((MOTION NEEDED TO APPROVE)) CCID # 934 - Motion by Gray that the report be approved Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 EXECUTIVE SESSION 81. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Motion by Gray that the meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 ADJOURNED: 2:55 P.M. - 35 - 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 July 17th, 2012. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO ACTING MAYOR THOMAS MULLIGAN ON THE 19th DAY OF JULY, 2012.