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2011-05-24j17th REGULAR OMAHA CITY COUNCIL MEETING MAY 24, 2011 THE CITY COUNCIL met in Regular Session on Tuesday, May 24th, 2011 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Garry Gernandt. ROLL CALL 1. City Clerk calls the roll. CCID # 623 – Present: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Ben Gray of District No. 2. 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 May 20, 2011, notice re: Pre-Council and Regular City Council Meetings, May 24, 2011. CCID # 624 – 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 - ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone the properties located at 1510, 1516 and 1522 North 18th Street, 1505, 1517, 1519 and 1527 Florence Boulevard and 1818 Charles Street from R7-Medium-Density Multiple-Family Residential District to R5-Urban Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 580 – May 10 and May 17 Meetings) Notice of public hearing on May 24, 2011 published in the Daily Record on May 13, 2011. Ordinance passed on May 24, 2011 published in the Daily Record on June 1, 2011. CCID # 580 – Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39010 PASSED 7-0 6. Ord. to rezone the property located at 1502 North 18th Street from GI -General Industrial District to R5-Urban Family Residential District (See Doc. # 581 – May 10 and May 17 Meetings) Notice of public hearing on May 24, 2011 published in the Daily Record on May 13, 2011. Ordinance passed on May 24, 2011 published in the Daily Record on June 1, 2011. CCID # 581 – Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39011 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone properties located at 1502, 1510, 1516 and 1522 North 18th Street, 1505, 1517, 1519 and 1527 Florence Boulevard and 1818 Charles Street from R7 and GI to R5 – see attached. (See Doc. # 581 – May 10 Meeting) # 581 – From Chair on File - 3 - 7. Ord. to rezone property located at 2003 Maple Street from GC-General Commercial District to R5-Urban Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 582 – May 10 and May 17 Meetings) Notice of public hearing on May 24, 2011 published in the Daily Record on May 13, 2011. Ordinance passed on May 24, 2011 published in the Daily Record on June 1, 2011. CCID # 582 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39012 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2003 Maple Street from GC to R5 – see attached. (See Doc. # 582 – May 10 Meeting) # 582 – From Chair on File 8. Ord. to rezone the properties located at 4951, 4953 and 4957 South 36th Avenue from HI-Heavy Industrial District to R4-Single-Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 583 – May 10 and May 17 Meetings) Notice of public hearing on May 24, 2011 published in the Daily Record on May 13, 2011. Ordinance passed on May 24, 2011 published in the Daily Record on June 1, 2011. Mary Lawry, 4957 South 36th Avenue, appeared and spoke. CCID # 583 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39013 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone properties located at 4951, 4953 and 4957 South 36th Avenue from HI to R4 – see attached. (See Doc. # 583 – May 10 Meeting) # 583 – From Chair on File - 4 - 9. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for property located southwest of 67th and Pine Streets between the City of Omaha and The Board of Regents of the University of Nebraska, providing site development standards; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 584 – May 10 and May 17 Meetings) Notice of public hearing on May 24, 2011 published in the Daily Record on May 13, 2011. Ordinance passed on May 24, 2011 published in the Daily Record on June 1, 2011. CCID # 584 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39014 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a Major Amendment to a Mixed Use District Development Agreement for Aksarben Business and Education Campus to a llow an addition of an accessory energy plant, located southwest of 67th and Pine Streets – see attached. (See Doc. # 584 – May 10 Meeting) # 584 – From Chair on File 10. Ord. to approve a Major Amendment to the Mixed Use District Development Agreement for Maple Creek to update the signage regulations, located southwest of 162nd Street and West Maple Road between the City of Omaha and Maple Creek Office Owners Association, providing site development standards; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 585 – May 10 and May 17 Meetings) Notice of public hearing on May 24, 2011 published in the Daily Record on May 13, 2011. Ordinance passed on May 24, 2011 published in the Daily Record on June 1, 2011. CCID # 585 – Motion by Gray that the Ordinance be passed Seconded by Mulligan ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39015 PASSED 7-0 - 5 - (a) Planning Board and Planning Department recommend approval of a Major Amendment to the Mixed Use District Development Agreement for Maple Creek to update the signage regulations, located southwest of 162nd Street and West Maple Road – see attached. (See Doc. # 585 – May 10 Meeting) # 585 – From Chair on File 11. Ord. to approve an amendment to the Land Use Element of the Master Plan for the City of Omaha, to amend the future land use and mixed use triangle maps; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 586 – May 10 and May 17 Meetings) Notice of public hearing on May 24, 2011 published in the Daily Record on May 13, 2011. Ordinance passed on May 24, 2011 published in the Daily Record on June 1, 2011. CCID # 586 – Motion by Festersen that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39016 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an amendment to the Future Land Use Element of the City of Omaha’s Master Plan regarding amended future land use and mixed use triangle maps – see attached. (See Doc. # 586 – May 10 Meeting) # 586 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 12 THROUGH 14 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” RESOLUTIONS RE: PRELIMINARY PLATS AND PLATS 12. Res. that the preliminary plat entitled BMaKK INDUSTRIAL, located Northeast of 16th and Ida Streets, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on June 7, 2011 published in the Daily Record on May 27, 2011. - 6 - CCID # 625 – Over two weeks to June 7, 2011 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 BMaKK INDUSTRIAL, located Northeast of 16th and Ida Streets – Inside City – see attached. # 625 – Over to 06/07/11 13. Res. that the replat transmitted herewith entitled BMaKK INDUSTRIAL, located Northeast of 16th and Ida Streets, is hereby approved, and concurrently a portion of the existing plats entitled The Union Land Company’s First Addition and The Union Land Company’s First Addition Replat 3, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on June 7, 2011 published in the Daily Record on May 27, 2011. CCID # 626 – Over two weeks to June 7, 2011 for publication and public h earing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of BMaKK INDUSTRIAL, located Northeast of 16th and Ida Streets – Inside City – see attached. # 626 – Over to 06/07/11 14. Res. that the preliminary plat entitled ST. RICHARD’S CAMPUS, with a waiver of Section 53-8(4)(d), Lot Frontage, of the Omaha Municipal Code, located Northeast of Fort Street and Fontenelle Boulevard, attached he reto and made a part hereof as Exhibit “A”, 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 June 7, 2011 published in the Daily Record on May 27, 2011. CCID # 627 – Over two weeks to June 7, 2011 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 ST. RICHARD’S CAMPUS with a waiver of Section 53-8(4)(d), Lot Frontage, located Northeast of Fort Street and Fontenelle Boulevard – Inside City – see attached. # 627 – Over to 06/07/11 * * * * * * * * * * * * * * - 7 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 31, 2011, AGENDA ITEM NOS. 15 THROUGH 18 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” 15. Res. that the preliminary plat entitled GLENN PARK FIRST ADDITION, located Southeast of 60th Street and Northwest Radial Highway, 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 June 14, 2011 published in the Daily Record on May 27, 2011. CCID # 634 – Over three weeks to June 14, 2011 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of GLENN PARK FIRST ADDITION, located Southeast of 60th Street and Northwest Radial Highway – Inside City – see attached. # 634 – Over to 06/14/11 16. Res. that the replat transmitted herewith entitled GLENN PARK FIRST ADDITION, located Southeast of 60th Street and Northwest Radial Highway, is hereby approved, and concurrently a portion of the existing plat entitled Glenn Park Addition, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on June 14, 2011 published in the Daily Record on May 27, 2011. CCID # 635 – Over three weeks to June 14, 2011 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Final Plat of GLENN PARK FIRST ADDITION, located Southeast of 60th Street and Northwest Radial Highway – Inside City – see attached. # 635 – Over to 06/14/11 17. Res. that the preliminary plat entitled 72 BLONDO, located at 1945 North 72nd Street, 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 June 14, 2011 published in the Daily Record on May 27, 2011. - 8 - CCID # 637 – Over three weeks to June 14, 2011 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of 72 BLONDO, located at 1945 North 72nd Street – Inside City – see attached. # 637 – Over to 06/14/11 18. Res. that the replat transmitted herewith entitled 72 BLONDO, located at 1945 North 72nd Street, is hereby approved, and concurrently a portion of the existing plats entitled Bowling Green and Maenner West, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on June 14, 2011 published in the Daily Record on May 27, 2011. CCID # 638 – Over three weeks to June 14, 2011 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Final Plat of 72 BLONDO, located at 1945 North 72nd Street – Inside City – see attached. # 638 – Over to 06/14/11 * * * * * * * * * * * * * * SPECIAL USE PERMIT – BROADCAST TOWER 19. Res. that the Special Use Permit application submitted by AT&T for a Special Use Permit to allow a Broadcast Tower, with a waiver of Section 55 -146, Height, to allow a 125’ tall tower in an R2-Single Family Residential District (Low Density), located at 5308 Hartman Avenue, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 5/10/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 561 – May 10 Meeting) - 9 - Sam Mandolfo, AT&T Wireless, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 561 – ADOPTED 7-0 (a) Planning Board recommends approval of the request of AT&T for a Special Use Permit to allow a Broadcast Tower, with a waiver of Section 55-146, Height, to allow a 125’ tall tower in an R2-Single Family Residential District (Low Density), located at 5308 Hartman Avenue – over from 5/10/11 – see attached. (See Doc. # 561 – May 10 Meeting) # 561 – From Chair on File (b) Planning Department recommends approval of the request of AT&T for a Special Use Permit to allow a Broadcast Tower, with a waiver of Section 55-146, Height, to allow a 120’ tall tower in an R2-Single Family Residential District (Low Density), located at 5308 Hartman Avenue – over from 5/10/11 – see attached. (See Doc. # 561 – May 10 Meeting) # 561 – From Chair on File SPECIAL USE PERMIT – CONVENIENCE STORAGE 20. Res. that the Special Use Permit application submitted by Ashley Freeman, for a Major Amendment to a Special Use Permit to allow Convenience storage in a GC-General Commercial District, located at 5800 Ames Avenue, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, condition set out in Exhibit "B", and all applicable local or state statutes, ordinan ces 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 5/10/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 560 – May 10 Meeting) Arun Agarwal, Ames Plaza LLC, appeared and spoke. - 10 - Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 560 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the request of Ashley Freeman for a Major Amendment to a Special Use Permit to allow Convenience storage in a GC District, located at 5800 Ames Avenue – over from 5/10/11 – see attached. (See Doc. # 560 – May 10 Meeting) # 560 – From Chair on File (b) Communication from Wayne French opposing the resolution to approve the Special Use Permit to allow Convenience Storage at 5800 Ames Avenue – see attached. # 560 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 21 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – LARGE GROUP LIVING 21. Res. that the Special Use Permit application submitted by Open Door Mission for a Special Use Permit to allow Large group living in a GI -General Industrial District, located at 2705 North 20th Street East, 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 June 7, 2011 published in the Daily Record on May 27, 2011. CCID # 628 - Over two weeks to June 7, 2011 for publication and public hearing pursuant to City Council Rule VII E. - 11 - (a) Planning Board and Planning Department recommend approval of the request of Open Door Mission for a Special Use Permit to allow Large group living in a GI District located at 2705 North 20th Street East – see attached. # 628 – Over to 06/07/11 * * * * * * * * * * * * * * LIQUOR AND RESOLUTIONS RE: KENO 22. Red Robin International, Inc., dba “Red Robin America’s Gourmet Burgers & Spirits”, 2627 South 180th Street, requests permission to appoint Jonathan Zuccarelli manager of their present Class “I” Liquor License location – over from 5/17/11 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) (See Doc. # 601 – May 17 Meeting) CCID # 601 – Motion by Jerram to allow the applicant to withdraw Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 (a) Communication from Barbara Holzworth, Licensing Coordinator for Red Robin International, Inc., dba “Red Robin America’s Gourmet Burgers & Spirits”, 2627 South 180th Street, requesting the withdrawal of the manager’s application to appoint Jonathan Zuccarelli manager of their present Class “I” Liquor License location – see attached. # 601 – From Chair on File 23. CLASS “I” – Amerigreen, LLC, dba “The Hive Lounge”, 1951 St. Mary’s Avenue. New application, New location. Property posted: 05-10-11; Notification sent: 05-13-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. - 12 - Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Mulligan, Stothert, Thompson, Festersen, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: Yeas: Gray, Mulligan, Stothert, Thompson, Festersen, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 643 – ADOPTED 6-0-1 Pass 24. PACKAGE – South Omaha Convenient Store, L.L.C., dba “South Omaha Convenient Store”, 4201 South 24th Street New application, Old location. Present licensee is Dellaman, Inc., dba “South Omaha Conoco”, 4201 South 24 th Street, who has a Package Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Charles Dorwart, Attorney for the applicant, appeared and spoke. Motion by Festersen that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 644 – ADOPTED 7-0 25. Havana Garage 1008, LLC, dba “Havana Garage”, 1008 Howard Street, requests permission for an addition to their present Class “CCB” Liquor License location of a beer garden approx. 15’ x 56’ to the north. Property posted: 05 -11- 11; Notification sent: 05-13-11 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Charles Kline, 503 South 11th Street, appeared and spoke. CCID # 645 – Motion by Gray that the request be approved contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 - 13 - (a) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: Havana Garage 1008, LLC, dba “Havana Garage”, 1008 Howard Street for an addition to their present Class “CCB” Liquor License location – see attached. # 645 – From Chair on File 26. Wang, Lance, dba “O”, 1015 Farnam Street, requests permission for an addition to their present Class “C” Liquor License location of a sidewalk café approx. 142’ x 84’ to the west. Property posted: 05 -12-11; Notification sent: 05-13-11 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Lance Wang, 1213 Howard Street Paul Griego, 511 South Happy Hollow Boulevard CCID # 646 – Motion by Jerram that the request be approved with direction that the license be reviewed for compliance with the hardship rule and the recommendation that the Nebraska Liquor Control Commission modify their rule to allow additional openings to comply with Fire Code Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 27. CEC Entertainment, Inc., dba “Chuck E Cheese”, 225 North 76 th Street, requests permission for an addition to their present Class “I” Liquor License location of a n area approx. 29’ x 121’ to the south. Property posted: 04 -26-11; Notification sent: 05-13-11 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Melissa Bernard, General Manager, Chuck E Cheese, appeared and spoke. CCID # 647 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 - 14 - 28. TNO Enterprises, LLC, dba “The Zone”, 2615 South 120 th Street, requests permission to appoint Paul Baldwin manager of their present Class “C/K” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. CCID # 648 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Mulligan, Stothert, Thompson, Festersen, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: Yeas: Gray, Mulligan, Stothert, Thompson, Festersen, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass 29. Metropolitan Community College Culinary Corporation, dba “Sage Bistro/Institute for the Culinary Arts”, 5300 North 30th Street, Bldg 22, requests permission to appoint Kay Friesen manager of their present Class “I/K” Liquor License location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. CCID # 649 – Motion by Gray that the request be approved Seconded by Mulligan ROLL CALL: Yeas: Gray, Mulligan, Stothert, Thompson, Festersen, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: Yeas: Gray, Mulligan, Stothert, Thompson, Festersen, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass 30. Wal-Mart Stores, Inc., dba “Wal-Mart Supercenter #3267”, 18201 Wright Street, requests permission to appoint Todd Van Essen manager of their present Package Liquor License location – see attached. ((PUBLIC HEARING TODAY- MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Todd Van Essen, Wal-mart #3267, appeared and spoke. - 15 - CCID # 650 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 31. Shannon Station, Ltd, dba “Barretts Barleycorn”, 4322 Leavenworth Street, requests permission for a Special Designated License for a beer garden between Barretts Barleycorn & Castle Barretts, 4322-4330 Leavenworth Street on June 17-18, 2011 from 6:00 p.m. to 2:00 a.m. No Music – see attached. Frank Barrett, 516 South 119th Street, appeared and spoke. CCID # 651 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 (a) Shannon Station, Ltd, dba “Barretts Barleycorn”, 4322 Leavenworth Street, requests permission for a Special Designated License for a beer garden between Barretts Barleycorn & Castle Barretts, 4322 - 4330 Leavenworth Street on June 24 -25, 2011 from 6:00 p.m. to 2:00 a.m. No Music – see attached. ((PUBLIC HEARING TODAY- MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 652 – Motion by Jerram that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 32. Res. that, in accordance with the Lottery Operator's Agreement with the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at I Don’t Care B&G, 3346 N. 108th Street, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. - 16 - Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 629 – ADOPTED 7-0 33. Res. that, in accordance with the Lottery Operator's Agreement with the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 3525 N. 147th Street, Suite 201, Party Cove, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 630 – ADOPTED 7-0 CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearing on Agenda Item No. 34 was held on May 17, 2011.) CONSENT AGENDA – ORDINANCE 34. Ord. to accept the bid of Canteen Vending Services to provide vending machine concessions at the various recreation facilities from April 2011, through December 31, 2011. The City reserves the right to extend this contract on a yearly basis for three one-year terms at the sole option of the City, to autho rize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchase order in the total amount of 18.3% of gross receipts; and to provide an effective date – see attached. (See Doc. # 587 – May 10 and May 17 Meetings) - 17 - Notice of public hearing on May 17, 2011 published in the Daily Record on May 13, 2011. Ordinance passed on May 24, 2011 published in the Daily Record on June 1, 2011. CCID # 587 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President ORDINANCE # 39017 PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCE ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 35 through 37 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 yo urself by your name, address, who you represent, and if you are a proponent or opponent.) CONSENT AGENDA – RESOLUTIONS 35. Res. that, as recommended by the Mayor, Supplemental Agreement No. 1 with HGM Associates, Inc. for Project BH-5028(4), State Control No. 22284, and OPW 51377, being the rehabilitation of the F Street Bridge, located near just east of 80th Street, is hereby approved; and that, the Finance Department is authorized to pay the additional fee in an amount not to exceed $38,241.00 for these engineering services from the 2010 Transportation Bond Fund 13183, Future Issue Transportation Bond Organization to be determined; 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 Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 642 – ADOPTED 7-0 - 18 - 36. Res. that, as recommended by the Mayor, Change Order Nos. 1 through 3 for Thompson Construction to construct the necessary modifications to OPW 51705 being the West Maple Bioswale project, located near 166th Street and Maple Street, are hereby approved; and that the Finance Department is authorized to pay an additional $37,319.00 for these changes from the 2006 Environment Fund 13122, 2011 Issue Environment Bond Organization 117216 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 654 – ADOPTED 7-0 37. Res. that the application of DMK Investments LLC for a lease of City property adjacent to 1404 Cuming Street, Omaha, Nebraska for purposes of an outdoor eating or drinking area and fence, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 631 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 19 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 31, 2011 THE THIRD READING AND PUBLIC HEARING ON AGENDA ITEM NO. 38 SHALL BE HELD ON JUNE 7, 2011” ZONING ORDINANCE ON SECOND READING 38. Ord. to approve a Major Amendment to the Mixe d Use District Development Agreement for West Dodge Station to allow for the development of a 245,000 square foot office complex, located Northwest of 180th Street and West Dodge Road between the City of Omaha and Great Western Bank, as successor -in- interest to 180-Dodge, L.L.C., providing site development standards; and to provide for an effective date – see attached. (See Doc. # 617 – May 17 Meeting) CCID # 617 – ORDINANCE ON SECOND READING – Final reading to be held on June 7, 2011 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 31, 2011 THE THIRD READING ON AGENDA ITEM NOS. 39 THROUGH 41 SHALL BE HELD ON JUNE 7, 2011” ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCES ON SECOND READING 39. Ord. approving a Professional Services Agreement with Black & Veatch Corporation involving the payment of money from appropriations of more th an one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended, for providing field investigation, conceptual design and preliminary design services on OPW 52077, being the Paxton Boulevard Stormwater Conveyance Sewer, located generally along Paxton Boulevard from 30th Street to 49th Street, for a contract period of 730 calendar days; to authorize the Finance Department to pay for the services as outlined in the Agreement an amount not to exceed $3,823,274.00 from the Sewer Revenue Improvement Fund 21124; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 618 – May 17 Meeting) CCID # 618 – Public hearing was held today – Final reading set for June 7, 2011 pursuant to City Council Rule VII H. - 20 - 40. Ord. approving a Member Services Agreement between the City of Omaha and Great Plains One Call Service, Inc d/b/a “Digger’s Hotline of Nebraska” involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Omaha is to participate in and provide payments for the Digger’s Hotline, with an estimated annual cost of $70,000 to the City; to authorize the Mayor to execute the Agreement with Great Plains One Call Service, Inc. d/b/a “Digger’s Hotline of Nebraska”; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 619 – May 17 Meeting) CCID # 619 – Public hearing was held today – Final reading set for June 7, 2011 pursuant to City Council Rule VII H. 41. 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 clearing snow from sidewalks at various locations in District No. SWSR 2010-01 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 620 – May 17 Meeting) CCID # 620 – ORDINANCE ON SECOND READING – Final reading to be held on June 7, 2011 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * RESOLUTIONS 42. Res. that the Crossroads District study area with boundaries generally described as 52nd Street on the east, Western Avenue on the north, 90th Street on the west, and Pacific Street on the south; more specifically, the study area h as boundaries which include census tracts and block groups: 4600 -3, 4700-2, 6400-4, 6602-3, 6602-4, 6701-1, and 6701-2 is hereby declared a blighted and substandard area in need of redevelopment – over from 5/3/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 528 – May 3 Meeting) CCID # 528 - Motion by Gray that the Resolution be referred back to the Planning Department Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 - 21 - (a) Communication from Bridget Hadley, Planning Department, requesting that the Resolution to declare the Crossroads District a blighted and substandard area be referred back to the Planning Department – see attached. # 528 – From Chair on File 43. Res. that the attached Lanning-Lund, LLC Tax Increment Financing (TIF) Project Plan proposes a redevelopment project at the Rorick Apartments building located at 604 South 22nd Street resulting in the rehabilitation of over 200 market-rate residential units, the electrical and mechanical systems, adjacent garage structure, and elevator system; the apartments will be a mixture of studios and, one and two-bedroom units; the plan recommends the City’s participation through the allocation of Tax Increment Financing in an amount up to $1,000,000.00 to offset the costs of rehabilitating the elevator system and garage structure, and any public improvements as may be required; the plan contemplates total project cost estimates to be $5,900,000.00 prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved over from 5/3/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 529 – May 3 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Larry Lanning, Lanning-Lund, LLC, 604 South 22nd Street For the City: Bridget Hadley, Planning Department Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 529 – ADOPTED 7-0 - 22 - 44. Res. the attached Salem Village II Partnership Tax Increment Financing Project Plan proposing Phase II of the Salem Village Senior Housing Project at the Miami Heights Senior Development located at 3520 Lake Street and contemplates a new 3-story, mid-rise, residential housing building with underground parking comprised of 27 two-bedroom affordable, senior living units recommends the City’s participation through the allocation of Tax Increm ent Financing (TIF) in an amount up to $180,000.00 to offset the costs of site development, architectural and engineering costs, and any public improvements as may be required; and, total project cost estimates are $5,416,993.00 with TIF eligible costs of $286,932.00, prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18 -2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – over from 5/3/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 530 – May 3 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Ken Lyons, representing the developer For the City: Bridget Hadley, Planning Department Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Res # 530 – ADOPTED “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NO. 45 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” 45. Res. that the attached BMaKK Corporation Tax Increment Financing Redevelopment Project Plan which proposes to convert an approximately 21 - acre, under-utilized industrial site located at 1440 Read Street and 6924 North 14th Avenue into the global corporate headquarters of the BMaKK Corporation, and will comprise the back office support of existing and future affiliated BMaKK businesses, new glass recycling and concrete manufacturing facilities, a new dredging equipment manufacturing facility, as well as future facilities for the manufacturing of the Super Sol equipment, materials handling and the regional materials transfer center; and recommends the City’s participation through the allocation of Tax Increment Financing in an amount up to $2,838,693.00 to offset the costs of acquisition, demolition, site preparation, corporate office expansion, environmental remediation and any public improvements as may be required; as prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – see attached. - 23 - Notice of public hearing on June 14, 2011 published in the Daily Record and the Omaha World Herald on May 26, 2011 and June 2, 2011 CCID # 632 – Over three weeks to June 14, 2011 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 31, 2011 THE THIRD READING AND PUBLIC HEARING ON AGENDA ITEM NOS. 46 THROUGH 48 SHALL BE HELD ON JUNE 14, 2011” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 46. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located Southeast of 60th Street and Northwest Radial Highway; and to provide for an effective date – see attached. CCID # 633 – Publication to be made and public hearing and third reading to be held on June 14, 2011 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of an MCC-Major Commercial Corridor Overlay District, located Southeast of 60th Street and Northwest Radial Highway – see attached. # 633 – Over to 06/14/11 47. Ord. to amend the boundaries of the ACI-2(50) district of the Area of Civic Importance Overlay District, to incorporate into that district the property located at 1945 North 72nd Street; and to provide for an effective date – see attached. CCID # 636 – Publication to be made and public hearing and third reading to be held on June 14, 2011 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of an ACI-2(50)-Area of Civic Importance Overlay District, located at 1945 North 72nd Street – see attached. # 636 – Over to 06/14/11 - 24 - ORDINANCES ON FIRST READING 48. Ord. to amend Section 41-2 of the Omaha Municipal Code dealing with the adoption and with amendments of certain air pollution rules and regulations of the State of Nebraska; to provide for adopting such regulations, including the most recent amendments thereto of January 9, 2011, and accepting there from certain prior changes dealing with definitions, enforcement and certain deletions; to repeal section 41-2 of the Omaha Municipal Code as heretofore existing; and, to provide for the effective date hereof – see attached. CCID # 639 – Publication to be made and public hearing and third reading to be held on June 14, 2011 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 31, 2011 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEMS NO. 49 THROUGH 51 SHALL BE HELD ON JUNE 7, 2011” 49. Ord. providing for the transfer of a permanent right-of-way easement to Omaha Public Power District, running roughly parallel to Elmwood Park Road with rights of ingress and egress to construct, operate, maintain, replace and remove its underground electric facilities, consisting of pull boxes, pits, cables, wires, conduits, manholes, drains, splicing boxes and other appurtenances, upon, along and under the Southeast Quarter (SE1/4) of Section Twenty-four (24), Township fifteen (15) North, Range Twelve (12) East of the 6th P.M., Douglas County, Nebraska, together with part of Section Nineteen (19), Township Fifteen (15) North, Range Thirteen (13) East of the 6th, P.M., Douglas County, Nebraska; to authorize the Mayor to execute the attached permanent easement; and to provide an effective date thereof – see attached. CCID # 640 – Publication to be made and public hearing to be held on June 7, 2011 pursuant to City Council Rule VII H. 50. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Human Resources Information System (HRIS) Senior Analyst with a salary range of 22 AEC ($66,504 - $79,603); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. CCID # 653 – Publication to be made and public hearing to be held on June 7, 2011 pursuant to City Council Rule VII H. - 25 - 51. Ord. (1) to approve (a) an Agreement between the City of Omaha and the Eastern Nebraska Community Action Partnership in the amount of $21,020; (b) an Agreement between the City of Omaha and Building Bright Futures in the amount of $21,020; (c) an Agreement between the City of Omaha and the Impact One Community Connection in the amount of $21,020; and (2) to authorize funding for such agreements from the Omaha Gang Violen ce Prevention Grant Phase 2, #10-VP-5001, Fund 12159, Organization 130736; to provide funding for violence prevention and intervention programs in Omaha; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof – see attached. CCID # 641 – Publication to be made and public hearing to be held on June 7, 2011 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * EXECUTIVE SESSION 52. CCID # 655 – Motion by Gray to go into Executive Session at 2:27 P.M. for the purpose of discussing labor negotiations only Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 CITY COUNCIL PRESIDENT GERNANDT STATED THAT THE CITY COUNCIL IS GOING INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LABOR NEGOTIATIONS ONLY CCID # 656 – Motion by Jerram to come out of Executive Session at 4:09 P.M. Seconded by Mulligan ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 CITY COUNCIL PRESIDENT GERNANDT STATED THAT WHILE IN EXECUTIVE SESSION THE CITY COUNCIL DISCUSSED LABOR NEGOTIATIONS ONLY Motion by Gray that the meeting be adjourned Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Motion Carried 7-0 - 26 - ADJOURNED: 4:10 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on May 24th, 2011. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 26th DAY OF MAY, 2011.