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.
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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)
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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)
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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
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(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
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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
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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.
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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)
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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
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“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.
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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.
* * * * * * * * * * * * * *
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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
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“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.
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(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.
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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
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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
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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.)
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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)
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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
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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
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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.
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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.
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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.
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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)
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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
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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.
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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.
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(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
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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.
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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.
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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.
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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.