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2008-12-09j38th REGULAR OMAHA CITY COUNCIL MEETING DECEMBER 9, 2008 The CITY COUNCIL met in Regular Session on Tuesday, December 9, 2008 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Dan Welch. ROLL CALL 1. City Clerk calls the roll. CCID # 1607 – Present: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Frank Brown 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 December 5, 2008, notice re: Pre-Council and Regular City Council Meetings, December 9, 2008. CCID # 1608 – 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 property bounded by Indiana Street on the south, Honeysuckle Drive on the north, 187th Street on the east and 188th Street on the west from DR-Development Reserve District and R4-Single-Family Residential District (High-Density) to R4-Single-Family Residential District (High-Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1552 – November 18 and November 25 Meetings) Notice of public hearing on December 9, 2008 published in the Daily Record on November 21, 2008. Ordinance passed December 9, 2008 published in the Daily Record on December 17, 2008. CCID # 1552 – Motion by Vokal that the Ordinance be passed Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President ORDINANCE # 38307 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of request to rezone property bounded by Indiana Street on the south, Honeysuckle Drive on the north, 187th Street on the east and 188th Street on the west from DR and R4 to R4 – see attached. (See Doc. # 1552 – November 18 Meeting) # 1552 – From Chair on File 6. Ord. to amend Ordinance No. 38115; to extend the sunset provision date in regards to electronic off-premise signs to January 31, 2009; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1556 – November 18 and November 25 Meetings) Notice of public hearing on December 9, 2008 published in the Daily Record on November 21, 2008. Ordinance passed December 9, 2008 published in the Daily Record on December 17, 2008. CCID # 1556 – Motion by Gernandt that the Ordinance be passed Seconded by Sigerson ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President ORDINANCE # 38308 PASSED 7-0 - 3 - (a) Planning Board and Planning Department recommend approval of an amendment to Ordinance No. 38115 to extend the sunset provision date in regards to electronic off-premise signs to January 31, 2009 – see attached. (See Doc. # 1556 – November 18 Meeting) # 1556 – From Chair on File RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SPECIAL USE PERMIT 7. Res. that the preliminary plat entitled AKSARBEN VILLAGE REPLAT 9 located Northeast of Aksarben Drive and Frances Street, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 11/18/08 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1525 – November 18 Meeting) John Coolidge, 14710 West Center Road, Lamp, Rynearson, and Associates, appeared and spoke. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res #1525 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the preliminary plat of AKSARBEN VILLAGE REPLAT 9 located Northeast of Aksarben Drive and Frances Street – Inside City – over from 11/18/08 – see attached. (See Doc. # 1525 – November 18, 2008) # 1525 – From Chair on File 8. Res. that the replat transmitted herewith entitled AKSARBEN VILLAGE REPLAT 9, located Northeast of Aksarben Drive and Frances Street, is hereby approved, and concurrently a portion of the existing plat entitled Aksarben Village Replat 5, and described on said replat, is hereby vacated – Inside City – over from 11/18/08 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1526 – November 18 Meeting) John Coolidge, 14710 West Center Road, Lamp, Rynearson, and Associates, appeared and spoke. - 4 - Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res #1526 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the final plat of AKSARBEN VILLAGE REPLAT 9 located Northeast of Aksarben Drive and Frances Street – Inside City – over from 11/18/08 – see attached. (See Doc. # 1526 – November 18 Meeting) # 1526 – From Chair on File 9. Res. that the preliminary plat entitled AMBER VALLEY REPLAT 3, located Southeast of 60th and McKinley Streets with a waiver of Section 53-9(9), sidewalks is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – over from 11/18/08 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1543 – November 18 Meeting) John Kottman, 10836 Old Mill Road, Thompson, Dreessen and Dorner, appeared and spoke. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res #1543 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of a preliminary plat of AMBER VALLEY REPLAT 3 located Southeast of 60th & McKinley Streets – Outside City – over from 11/18/08 – see attached. (See Doc. # 1543 – November 18 Meeting) # 1543 – From Chair on File 10. Res. that the plat entitled AMBER VALLEY REPLAT 3 located Southeast of 60th and McKinley Streets, is hereby approved and accepted – Outside City – over from 11/18/08 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1544 – November 18 Meeting) John Kottman, 10836 Old Mill Road, Thompson, Dreessen and Dorner, appeared and spoke. - 5 - Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res #1544 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of a final plat of AMBER VALLEY REPLAT 3 located Southeast of 60th and McKinley Streets – Outside City – over from 11/18/08 – see attached. (See Doc. # 1544 – November 18 Meeting) #1544 – From Chair on File 11. Res. that the Special Use Permit application submitted by David M. Thacker for permission to allow development in the North Hills Overlay District, located Southeast of 60th and McKinley Streets, 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 11/18/08 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1545 – November 18 Meeting) John Kottman, 10836 Old Mill Road, Thompson, Dreessen and Dorner, appeared and spoke. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res #1545 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the request of David M. Thacker for a Special Use Permit to allow development in the North Hills Environmental Overlay District located Southeast of 60th and McKinley Streets – over from 11/18/08 – see attached. (See Doc. # 1545 – November 18 Meeting) #1545 – From Chair on File - 6 - LIQUOR 12. CLASS “C” – LIV Ventures, Inc., dba “LIV Lounge, LIV”, 2279 South 67th Street. New application, new location. Property posted: 11/24/08. Notification sent: 11/26/08 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) CCID # 1638 - Motion by Gernandt that the application be laid over one week to December 16, 2008 and continue the public hearing Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Motion Carried 7-0 (a) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: LIV Ventures, Inc., dba “LIV Lounge, LIV”, 2279 South 67th Street, application for a Class “C” Liquor License – see attached. # 1638 – Over to 12/16/08 (b) Communication from Mike Kelley, Attorney, representing LIV Ventures, Inc., dba “LIV Lounge, LIV”, 2279 South 67th Street, requesting that their application for a Class “C” Liquor License be laid over 1 week to December 16, 2008 – see attached. # 1638 – From Chair on File 13. Omaha Downtown Lodging Investors II, LLC, dba “Hilton Garden Inn”, 1005 Dodge Street, requests permission to appoint Thomas Wickwire manager of their present Class “I” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Thomas Wickwire, 6321 South 162nd Avenue, appeared and spoke. CCID # 1639 - Motion by Suttle that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Motion Carried 7-0 - 7 - 14. Omaha Downtown Lodging Investors III, LLC, dba “Homewood Suites”, 1314 Cuming Street, requests permission to appoint Thomas Wickwire manager of their present Class “C” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Thomas Wickwire, 6321 South 162nd Avenue, appeared and spoke. CCID # 1640 - Motion by Suttle that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Motion Carried 7-0 15. Omaha Downtown Lodging Investors IV, LLC, dba “Hampton Inn & Suites”, 1212 Cuming Street, requests permission to appoint Thomas Wickwire manager of their present Class “C” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Thomas Wickwire, 6321 South 162nd Avenue, appeared and spoke. CCID # 1641 - Motion by Suttle that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Motion Carried 7-0 CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 16 through 17 were held on 11/25/08). (The public hearings on Agenda Item Nos. 18 through 29 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) - 8 - CONSENT AGENDA – ORDINANCES ORDINANCES ON FINAL READING 16. Ord. authorizing the issuance of a purchase order to Auto Parts Warehouse for automotive and truck filters to be utilized by the Fleet Maintenance Division to be effective for one year from the date of passage of this ordinance and extenable on a month to month basis for an additional year at the option of the Purchasing Agent with a maximum of two one-year extensions; to provide for payments 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 payments from a specific account; and to provide an effective date hereof – see attached. (See Doc. # 1553 – November 18 and November 25 Meetings) Notice of public hearing on November 25, 2008 published in the Daily Record on November 21, 2008. Ordinance passed December 9, 2008 published in the Daily Record on December 17, 2008. CCID # 1553 – Motion by Suttle that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President ORDINANCE # 38309 PASSED 7-0 17. Ord. to amend Sec. 43-95 of the Omaha Municipal Code entitled “Fee refunds,” by requiring that the City retain a minimum of $20 from each permit fee to be refunded; to repeal Sec. 43-95; and to provide the effective thereof – see attached. (See Doc. # 1546 – November 18 and November 25 Meetings) Notice of public hearing on November 25, 2008 published in the Daily Record on November 21, 2008. Ordinance passed December 9, 2008 published in the Daily Record on December 17, 2008. CCID # 1546 – Motion by Suttle that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President ORDINANCE # 38310 PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * - 9 - CONSENT AGENDA – RESOLUTIONS RESOLUTIONS 18. Res. that the speed limits be changed and/or established as follows: Pacific Street from 174th Street to 180th Street-45; West Dodge Road from 17400 West to the West City Limits-65; West Maple Road from 102nd Street to Elkhorn Drive- 45; 108th Street from Blondo Street to Ida Street-40; 144th Street from 1300 North to Blondo Street-40; 156th Street from Pacific Street to Blondo Street-40; 156th Street from West Center Road to Summerwood Dr.-40; 156th Street from Q Street to Holmes Street-40; 156th Street from Harrison Street to Q Street-45; 168th Street from Blondo Street to 6500 South-45; Twin Ridge Boulevard from Center Street to Woolworth Avenue-25 – see attached. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1621 – ADOPTED 7-0 19. Res. that, as recommended by the Mayor, the Agreement with Big Muddy Workshop, Inc. to provide professional services for design for tree mitigation and bioretention planting for the Cole Creek Demonstration Project that runs from Sorensen Parkway to Hartman Avenue is hereby approved; further that the Finance Department is authorized to pay $43,910.00 for these services from the Stormwater Management Plan Fund 12143, Stormwater Management Plan Organization 128026 – see attached. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1622 – ADOPTED 7-0 20. Res. that, as recommended by the Mayor, Amendment No. 2A to the Engineering Agreement with HDR Engineering, Inc. to provide professional services for the evaluation of the realignment of Saddle Creek Road from Center Street to Cuming Street, adopted by Council Resolution No. 1336 on November 14, 2006, is hereby approved; further, that the Finance Department is authorized to pay the additional fee of $56,627.00 for these engineering services from the UNMC Improvement Fund 13447, Saddle Creek Study Organization 131784, with 100% of this cost being reimbursable to the City of Omaha per the original agreement – see attached. - 10 - Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1623 – ADOPTED 7-0 21. Res. that, as recommended by the Mayor, the Professional Services Agreement with HNTB Corporation to provide survey, preliminary design engineering, and final design documents for reconstruction of the bridge on 10th Street located between Douglas Street and Farnam Street, is hereby approved; further that the Finance Department is authorized to pay the amount of $272,765.58, with 80% of this amount being reimbursable from NDOR according to the program agreement, from the 2006 Transportation Bond Fund 13182, 2009 Issue Transportation Bond Organization 117114 – see attached. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1624 – ADOPTED 7-0 22. Res. that, as recommended by the Mayor, the bids detailed within this Resolution and attached Bid Tabulation for equipment rentals for snow removal during the 2008-2009 winter season with costs to be paid from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2008 expenditures be accepted, and also authorizing the Public Works Department to negotiate with additional contractors for equipment at the same rate or less and enter into an agreement not to exceed the highest bid accepted – see attached. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1625 – ADOPTED 7-0 23. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Monarch Oil, Inc. for the purchase of 12,000 gallons of emulsified oil to be utilized by the Street Maintenance Division in the amount of $37,800.00; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2008 expenditures – see attached. - 11 - Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1626 – ADOPTED 7-0 24. Res. that the nomination of “Harry A. Trustin Riverside Drive” as a commemorative street name on Riverside Drive between Capitol Avenue and Abbott Drive is hereby approved; and the Public Works Department is authorized to erect an acceptable sign therefore, in compliance with all applicable local and state statutes, ordinances or regulations, and policies – see attached. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1609 – ADOPTED 7-0 25. Res. that, as recommended by the Mayor, the attached Loan Agreement between the City of Omaha and Michael S. Royce, Sr., a single person, 15707 South 234th Street, Gretna, Nebraska, 68028, authorizing the City to provide a total of $36,915.00 from FY 2007 HOME Funds to the Owner to rehabilitate the four-bedroom property located at 4506 North 36th Street, which is to be occupied by qualified low- and moderate-income families whose annual household incomes are 80% and below the Median Income by Family Size, is hereby approved. Funding in the amount of $36,915.00 shall be paid from FY 2007 HOME Rental Rehabilitation Program, Fund No. 12179, Organization No. 128033 – see attached. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1610 – ADOPTED 7-0 26. Res. that the attached Agreement, as recommended by the Mayor, between the City of Omaha and Catholic Charities for a protective custody program and facility to be operated at Omaha Campus for Hope located at 1490 North 16th Street, for intoxicated individuals taken into protective custody by officers of the Omaha Police Department for the period from January 1 to December 31, 2009, is hereby approved. Funds in the amount of $65,000.00 will be paid from the 2009 Omaha Keno/Lottery Fund 12118, Organization 126017; and funds in the amount of $25,000.00 will be paid from the Omaha Police Department Fiscal Year 2009, General Fund 11111, Organization 111111 Chief Administrative Functions, Account 42239 Professional Fees – Other – see attached. - 12 - Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1611 – ADOPTED 7-0 27. Res. that the bid of Superior Green, as recommended by the Mayor, to provide snow removal services for the Omaha Public Library per specifications in the amount of $36,830.00 be approved as the lowest and best bid; and that the funds for this purchase will be paid from the 2008 and 2009 General Fund 11111, Organization 117014, Object 42476 – see attached. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1613 – ADOPTED 7-0 28. Res. that Mike Fahey, Mayor of the City of Omaha, or any acting Mayor of the City of Omaha, and Buster Brown, City Clerk of the City of Omaha, or any Deputy City Clerk of the City of Omaha, be, and they are authorized and directed to execute and attest, respectively, General Obligation Note No. 08-A of the City of Omaha in the amount of Seven Hundred Six Thousand Dollars ($706,000) payable to First National Bank, Omaha, Nebraska; the General Obligation Note to be issued December 19, 2008, and maturing December 18, 2009, with interest thereon at the rate of five and twenty one hundredths percent (5.21%) per annum to temporarily finance the Special Assessment Fund of the City of Omaha; further that, the General Obligation Note in the principal amount of Seven Hundred Six Thousand Dollars ($706,000) and the interest thereon be payable from the Special Assessment Fund Account – see attached. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1612 – ADOPTED 7-0 29. Res. that the Nebraska Agri-Business Association is hereby granted permission to conduct one (1) raffle within the City of Omaha on January 28 and 29, 2009, pursuant to the special permit issued in accordance with state law – see attached. - 13 - Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1644 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCES ON FINAL READING AND RESOLUTION 30. Res. that the attached Aldi, Inc Tax Increment Financing Redevelopment Project Plan for the 2.54-acre project study area prepared by the Omaha City Planning Department containing a provision for the division of ad valorem taxes under Sections 18-2147 through 18-2150, Revised Statutes of Nebraska, meets the conditions of both a substandard and blighted area as defined by State Statute 18-2103, and is hereby approved as the Redevelopment Plan for the Aldi, Inc Tax Increment Financing Redevelopment Project Plan Area on Lot 1, Sorensen Corner, Southeast of 30th Street and Sorensen Parkway – over from 11/25/08 for additional publication and continue the Public Hearing – had publication – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1508 – November 4 and November 25 Meetings) Notice of public hearing on November 25, 2008 published in the Omaha World-Herald on November 6, 2008. Notice of public hearing on December 9, 2008 published in the Daily Record and Omaha World-Herald on November 13 and 20, 2008. Motion by Suttle that the Resolution be adopted Seconded by Welch ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1508 – ADOPTED 7-0 - 14 - 31. Ord. approving a Tax Increment Financing (TIF) Redevelopment Loan Agreement between the City of Omaha and Aldi Inc. (Kansas), a Kansas for- profit Corporation, for the rehabilitation of the former residential and commercial area located at Lot 1 Sorensen Corner, southeast of 30th Street and Sorensen Parkway through the development of the 2.54 acre site with a 16,560 sq. ft. Aldi Inc. discount grocery store; the Redevelopment Loan Agreement authorizes $715,000.00 in TIF to be used for site acquisition, demolition, preparation, public improvements and implementing ACI design standards and enhancements; and providing for an effective date – over from 11/18/08 to coincide with the Redevelopment Plan – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1522 – November 4 and November 18 Meetings) Notice of public hearing on December 9, 2008 published in the Daily Record and the Omaha World Herald on November 13, 2008 and November 20, 2008. Ordinance passed December 9, 2008 published in the Daily Record on December 17, 2008. CCID # 1522 – Motion by Vokal that the Ordinance be passed Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President ORDINANCE # 38311 PASSED 7-0 32. Ord. to approve a Second Amendment to the 2006-2008 agreement between the City of Omaha and the Nebraska Humane Society for animal control services; to authorize an increase in payments of $50,000 for a 2008 total of $675,000, to extend the agreement for an additional year (2009) and to provide payments in 2009 totaling $700,000, all as specified therein from the Omaha Keno/Lottery Fund 12133; and to provide an effective date – see attached. ((PUBLIC HEARING HELD 11/25/08 – CAN BE PASSED TODAY)) (See Doc. # 1557 – November 18 and November 25 Meetings) Notice of public hearing on November 25, 2008 published in the Daily Record on November 21, 2008. Ordinance passed on December 9, 2008 published in the Daily Record on December 17, 2008. Buster Brown, City Clerk, appeared and spoke. CCID # 1557 – Motion by Thompson that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Nays: Brown ORDINANCE # 38312 PASSED 6-1 - 15 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 33 THROUGH 34 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 33. Ord. to rezone property located at 9125 Redman Plaza and 9154 Browne Street; from DR-Development Reserve District and R6-Multi-Family Low-Density Residential District to R6-Multi-Family Low-Density Residential District. (See Doc. # 1574 – November 25 Meeting) CCID # 1574 – ORDINANCE ON SECOND READING – Final reading to be held December 16, 2008 as per City Charter requirements. 34. Ord. to approve a Major Amendment to a Planned Unit Development Overlay District in a R6-Multi-Family Low-Density Residential District for the property located at 9125 Redman Plaza and 9154 Browne Street; and to provide for an effective date – see attached. CCID # 1575 – ORDINANCE ON SECOND READING – Final reading to be held December 16, 2008 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 35. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, to transfer $2,531,900 in unencumbered General Fund appropriations in the 2008 Budget of the City of Omaha from Other Budgetary Accounts – Other, Wage Adjustment Account to Fire, Operations Organization for the purpose of providing funding for Personal Services appropriation for the payment of sick and annual leave balance payoffs; and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1577 – November 25 Meeting) Carol Ebdon, Finance Director, appeared and spoke. CCID # 1577 – Public hearing was held today – Final reading set for December 16, 2008 as per City Charter requirements. - 16 - 36. Ord. to approve an agreement for an initial term of five (5) years with Douglas County for the operation of the joint 9-1-1 Emergency Communications System; to provide for the payments called for in said agreement from a specific account; and providing for an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1578 – November 25 Meeting) Carol Ebdon, Finance Director, appeared and spoke. CCID # 1578 – Public hearing was held today – Final reading set for December 16, 2008 as per City Charter requirements. 37. Ord. to accept the bid of LP Custodial & Supply, LLC in the annual amount of $80,909.56, involving appropriations of more than one year as provided in Section 5.17 of the Home Rule Charter, to provide janitorial services at the Public Safety Training Center for a three year period, with two additional one year options held by the City; to authorize the Finance Department to make payments from a specified account to LP Custodial & Supply, LLC for the cost of janitorial services in accordance with the specifications; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1579 – November 25 Meeting) CCID # 1579 – Motion by Vokal that the third reading be laid over two weeks to December 23, 2008 Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Motion Carried 7-0 (a) Communication from Fire Chief Michael F. McDonnell requesting that the Ordinance for Janitorial Services at the Public Safety Training Center be laid over to January 27, 2009 – see attached. # 1579 – From Chair on File * * * * * * * * * * * * * * - 17 - SPECIAL USE PERMIT – DAY CARE (GENERAL) 38. Res. that the Special Use Permit application submitted by Learning Tree Academy Child Care for permission to allow Day Care Services (General) in an R4(35) District, located at 3036 Curtis 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 11/18/08 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1549 – November 18 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Willie Bob Johnson, Learning Tree Academy Child Care Center. Protestants: Mrs. Bennett, 3049 Curtis Avenue. Motion by Brown that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1549 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the request of the Learning Tree Academy Child Care for a Special Use Permit to allow Day Care Services (General) in an R4(35) District located at 3036 Curtis Avenue – over from 11/18/08 – see attached. (See Doc. # 1549 – November 18 Meeting) # 1549 – From Chair on File - 18 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 39 THROUGH 41 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – LARGE PROJECT 39. Res. that the Special Use Permit application submitted by Opus Northwest, LLC for a Large Project Special Use Permit in a GO-General Office District, located at 206-236 South 108th Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. Notice of public hearing on December 23, 2008 published in the Daily Record on December 12, 2008. CCID # 1627 – Over two weeks to December 23, 2008 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommends approval of the request of Opus Northwest, LLC for a Large Project Special Use Permit in the GO-General Office District located at 206-236 South 108th Street – see attached. # 1627 – Over to 12/23/08 AFTER-HOURS DANCE PERMITS 40. Res. that the application of DC’s Saloon for the renewal of an after-hours dance permit at 610 South 14th Street be and hereby is approved – see attached. Notice of public hearing on December 23, 2008 published in the Daily Record on December 12, 2008. CCID # 1636 – Over two weeks to December 23, 2008 for publication and public hearing pursuant to City Council Rule VII E. - 19 - 41. Res. that the application of Omaha Mining Company for the renewal of an after- hours dance permit at 1715 Leavenworth Street be and hereby is approved – see attached. Notice of public hearing on December 23, 2008 published in the Daily Record on December 12, 2008. CCID # 1637 – Over two weeks to December 23, 2008 for publication and public hearing pursuant to City Council Rule VII E. * * * * * * * * * * * * * * RESOLUTIONS 42. Res. that the attached No Man’s Land, LLC Inc Tax Increment Financing Redevelopment Project Plan, for the 1.59-acre No Man’s Land project study area prepared by the Omaha City Planning Department containing a provision for the division of ad valorem taxes under Sections 18-2147 through 18-2150 Revised Statutes of Nebraska, meets the conditions of both a substandard and blighted area as defined by State Statute 18-2103 and is hereby approved as the Redevelopment Plan for the No Man’s Land, LLC Tax Increment Financing Redevelopment Project Plan Area located east of 24th & Paul Streets at 2320 Paul Street. – over from 11/25/08 for additional publication and continue the Public Hearing – had publication – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1517 – November 4 and November 25 Meetings) Motion by Vokal that the Resolution be adopted Seconded by Welch ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1517 – ADOPTED 7-0 - 20 - 43. Res. that the attached Quad Tech, LLC Inc Tax Increment Financing Redevelopment Project Plan, for the 10.3-acre BlueCross Centre at Aksarben Village project study area prepared by the Omaha City Planning Department containing a provision for the division of ad valorem taxes under Sections 18- 2147 through 18-2150 Revised Statutes of Nebraska, meets the conditions of both a substandard and blighted area as defined by State Statute 18-2103 is hereby approved as the Redevelopment Plan for the Quad Tech, LLC Inc. Tax Increment Financing Redevelopment Project Plan Area for the BlueCross Centre at Aksarben Village located at 1919 Aksarben Drive at the intersection of Frances Street and Aksarben Drive identified as Lot 3 of Zone 7 and Lot 2 of Zone 8 at Aksarben Village. – over from 11/25/08 for additional publication and continue the Public Hearing – had publication – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1518 – November 4 and November 25 Meetings) Don Mohlman, 11422 Miracle Hills Drive, Tetrad Development Corporation, appeared and spoke. Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1518 – ADOPTED 7-0 44. Res. that the attached DEEL Real Estate Investment Tax Increment Financing Redevelopment Project Plan, prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, be and hereby is approved as the Redevelopment Plan for 18th Street Row House Redevelopment located at 706 South 18th Street – over from 11/18/08 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1554 – November 18 Meeting) Jennifer Taylor, 8712 Dodge Street, appeared and spoke on behalf of the applicant. Motion by Suttle that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1554 – ADOPTED 7-0 - 21 - 45. Res. that the attached Park Avenue Redevelopment Plan, prepared by the Omaha City Planning Department, be and hereby is approved as the Redevelopment Plan for the redevelopment area generally bound by Harney Street on the north, I-480 on the east, Woolworth Avenue on the south, and 32nd Street from Woolworth Avenue to Pacific Street and 33rd Street from Pacific Street to Harney Street on the west – over from 11/18/08 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1532 – November 18 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Jamie Grayson-Berglund, 1301 Harney Street, Destination Midtown (and Ford Birthsite Neighborhood). Jan Quinley, 3017 Pacific Street, Ford Birthsite Neighborhood. Res # 1532 – Resolution read Motion by Vokal that the Resolution be adopted as amended Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President ADOPTED AS AMENDED 7-0 (a) Amendment requested by Councilmember Vokal – see attached. # 1532 – Motion by Vokal that the amendment be approved Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Motion Carried 7-0 46. Res. that the attached Storage Canada, LLC, Tax Increment Financing (TIF) Redevelopment Project Plan for the Brookline Storage Complex Redevelopment Project, prepared by the Omaha City Planning Department, containing a provision for the division of ad valorem taxes under Section 18-2147 through 18- 2150, Revised Statutes of Nebraska, be and hereby is approved as the Redevelopment Plan for Storage Canada, LLC Brookline Storage Complex located at 5328 Center Street – over from 11/18/08 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)). (See Doc. # 1555 – November 18 Meeting) Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1555 – ADOPTED 7-0 - 22 - 47. Res. that the Mayor of the City of Omaha is authorized to sign the attached Settlement Agreements concluding the litigation identified as Mobeco Industries, Inc. v. City of Omaha, Doc. 1012, No. 218; Mobeco Industries, Inc. v. City of Omaha, Doc. 1021, No. 906; Bernard J. Morello v. City of Omaha, Doc. 1021, No. 907; City of Omaha v. Mobeco Industries, Inc., Doc. 1032, No. 865; City of Omaha v. Mobeco Industries, Inc., Doc. 1033, No. 194; City of Omaha v. Bernard J. Morello, Doc. 1044, No. 437; City of Omaha v. Mobeco Industries, Inc., Doc. 1044, No. 438; City of Omaha v. Mobeco Industries, Inc., Doc. 1045, No. 761; City of Omaha v. Bernard J. Morello, Doc. 1045, No. 762; City of Omaha v. Mobeco Industries, Inc., Doc. 1051, No. 103; City of Omaha v. Bernard J. Morello, Doc. 1085 No. 700; City of Omaha v. Mobeco Industries, Inc., Case No. A-08-000041; and Mobeco Industries, Inc. v. City of Omaha, Case No. A-08- 000441 in lawful manner by payments to Bernard J. Morello and Mobeco Industries, Inc. in the combined amounts of four hundred sixteen thousand six hundred ninety-seven dollars and sixty eight cents ($416,697.68); and, that the Finance Department issues such warrants as necessary to satisfy the Settlement Agreements with such funds to be paid as follows: $316,697.68 from the Community Block Grant Fund #12186 and $100,000 from the Contingent Liability Reserve Fund #12112 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Suttle that the Resolution be adopted Seconded by Welch ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Res # 1643 – ADOPTED 7-0 “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 48 THROUGH 50 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 48. Ord. to rezone property located at 1624 Nicholas Street from R8-High-Density Multiple-Family Residential District and GI-General Industrial District to DS- Downtown Service District. CCID # 1614 - Publication to be made and public hearing and third reading to be held on December 23, 2008 per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the request to rezone property located at 1624 Nicholas Street from R8 and GI to DS – see attached. # 1614 – Over to 12/23/08 - 23 - 49. Ord. to rezone property located at 2401 Lake Street from GC-General Commercial District and NBD-Neighborhood Business District to NBD- Neighborhood Business District. CCID # 1628 - Publication to be made and public hearing and third reading to be held on December 23, 2008 per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2401 Lake Street from GC and NBD to NBD – see attached. # 1628 – Over to 12/23/08 50. Ord. to rezone property located at 1217 South 75th Street from GI-General Industrial District to LC-Limited Commercial District. CCID # 1629 - Publication to be made and public hearing and third reading to be held on December 23, 2008 per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 1217 South 75th Street from GI to LC – see attached. # 1629 – Over to 12/23/08 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 51 THROUGH 63 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING and Planning Board Attachments 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, Lawrence Youngman Lake Dam Site #13 – see attached. CCID # 1630 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. - 24 - 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 at 848 N. 192nd Street and adjacent vacant lot to the southwest, Lyman-Richey West Addition – see attached. CCID # 1631 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. 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 same a part of the City of Omaha and to provide an effective date hereof, located at 910 and 930 N. 192nd Street – see attached. CCID # 1632 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. 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, generally located Northwest of 192nd Street and Honeysuckle Drive – see attached. CCID # 1633 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the 2008 Annexation Package Number 2 – see attached. # 1633 – Over to 12/16/08 - 25 - ORDINANCES ON FIRST READING 55. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant and improved properties located in the Omaha Campus for Hope Redevelopment Plan Amendment 1, bounded by the North side of the Kellom Green Belt on the North, 16th Street on the East, Nicholas Street on the South, and 18th Street on the West, for acquisition, relocation as appropriate, demolition of structures, preparation of sites, and subsequent use as sites for implementing the Omaha Campus for Hope Redevelopment Plan Amendment 1 by constructing residential facilities and a facility to provide support social services to homeless and recently homeless persons; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; project costs will be paid from Community Development Block Grant, Fund No. 12186, Organization No. 129134; and to provide the effective date hereof – see attached. CCID # 1615 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. 56. Ord. granting a permanent easement in land to Omaha Public Power District, Metropolitan Utilities District of Omaha, Qwest Corporation, and any company which has been granted a franchise to provide cable television systems within the boundaries of the plat for the purpose of relocating all utilities to serve properties recently replatted by the City of Omaha; to authorize the Mayor to execute the attached permanent easement; and to provide an effective date thereof – see attached. CCID # 1616 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. 57. Ord. approving an Interlocal agreement between the City of Omaha and Sarpy County relative to the disposal of certain products (primarily grit and solids) created by the Papillion Creek Wastewater Treatment Plant, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to authorize the Mayor to execute the Agreement with Sarpy County; to authorize the reimbursements to be paid from a specific account; and, to provide an effective date hereof – see attached. CCID # 1634 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. - 26 - 58. Ord. approving a Redevelopment Agreement between the City of Omaha and DEEL Investments, LLC including Tax Increment Financing (TIF) in the amount of $180,000.00 for the rehabilitation and construction of six for sale row house style residential units, including off street and underground parking areas located at 706 South 18th Street; and providing for an effective date – see attached. CCID # 1617 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. 59. Ord. to approve a Tax Increment Financing (TIF) Redevelopment Agreement (“Agreement”) entered into by and between the CITY OF OMAHA, NEBRASKA, a Nebraska municipal corporation in Douglas County, Nebraska (the “City”) and QUADTECH, LLC, a Nebraska limited liability company (“Developer”) for the development of an office building located at 1919 Aksarben Drive at the intersection of Frances Street and Aksarben Drive identified as Lots 2 and 3, Aksarben Village Replat 5, an Addition to the City of Omaha, Douglas County, Nebraska (Lot 3 to be replatted as Lots 1, 2 and 3, Aksarben Village Replat 9, an Addition to the City of Omaha, Douglas County, Nebraska), together with any now or hereafter vacated right of way adjoining such lots; and providing for an effective date – see attached. CCID # 1618 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. 60. Ord. approving a Redevelopment Agreement between the City of Omaha and Storage Canada, LLC including Tax Increment Financing (TIF) in the amount of $420,000.00 for the rehabilitation of a site through the construction of 695 electronically and environmentally controlled storage units located at 5328 Center Street; and providing for an effective date – see attached. CCID # 1619 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. 61. Ord. to transfer an easement in land to Qwest Corporation for purposes of relocating facilities, telecommunications facilities, electrical facilities, and other appurtenances as the result of the City’s widening project at Harrison Street between La Vista Drive to 48th Street; to authorize the Mayor to execute the attached easement; and to provide an effective date thereof – see attached. CCID # 1635 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. 62. Ord. to accept the bid of Floors, Inc. in the annual amount of $11,706.58, involving appropriations of more than one year as provided in 5.17 of the Home Rule Charter, to enter into a three-year price agreement for carpet cleaning services at eight (8) Omaha Police Department facilities, with two additional one- year options held by the City, and which may be done so administratively; to authorize the Finance Department to make payments from a specified account to Floors, Inc. for the cost of carpet cleaning services in accordance with the specifications; and to provide an effective date – see attached. CCID # 1620 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. 63. Ord. to amend Omaha Municipal Code Section 18-3 to declare certain situations of deteriorated lead paint as nuisances; to clarify illustrative examples of nuisances; to repeal Section 18-3 as heretofore existing; and to provide the effective date thereof – see attached. CCID # 1642 – Publication to be made and public hearing to be held on December 16, 2008 as per City Charter requirements. * * * * * * * * * * * * * * EXECUTIVE SESSION 64. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. - 27 - This agenda, which shall be kept continually current, shall be available for public inspection in the Office of the City Clerk, Omaha-Douglas Civic Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours. All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. Alternative formats require a minimum of 72 hours advance notice. Please contact Sandra L. Moses - 444-5552 if arrangements need to be made. SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR DECEMBER 9, 2008 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED DECEMBER 8, 2008 AT 1:00 P.M. Agenda and Link to Agenda Items Available at http://www.ci.omaha.ne.us “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARING ON AGENDA ITEM NO. 65 SHALL BE HELD ON THE THIRD READING” ADDITIONAL ZONING ORDINANCE ON FIRST READING and Planning Board Attachments 65. Ord. to amend Omaha Municipal Code Chapter 55 entitled “Zoning”; to allow electronic off-premises advertising signs subject to certain regulations; to repeal Sec. 55-826 and Sec. 55-850 through 55-858 as heretofore existing; and to provide the effective date thereof – see attached. CCID # 1645- Publications to be made and public hearing and third reading to be held on December 23, 2008 per City Charter requirements. (a) Planning Board recommends approval of an amendment to Section 55-826 and Sections 55-850 through 55-858 regarding electronic off-premise signs (electronic billboards) – see attached. # 1645 – Over to 12/23/08 (b) Planning Department recommends approval of an amendment to Section 55-826 and Sections 55-850 through 55-858 regarding electronic off-premise signs (electronic billboards) – see attached. #1645 – Over to 12/23/08 - 28 - This agenda, which shall be kept continually current, shall be available for public inspection in the Office of the City Clerk, Omaha-Douglas Civic Center, 1819 Farnam, LC 1, Omaha, NE, during normal business hours. All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice. Alternative formats require a minimum of 72 hours advance notice. Please contact Sandra L. Moses - 444-5552 if arrangements need to be made. - 29 - Motion by Gernandt that the City Council Meeting be adjourned Seconded by Welch ROLL CALL: Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Motion Carried 7-0 ADJOURNED: 2:20 PM I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on December 9, 2008. WITNESS: ________________________________ __________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR MIKE FAHEY ON THE 11th DAY OF DECEMBER, 2008.