Loading...
2008-02-12j5TH REGULAR OMAHA CITY COUNCIL MEETING FEBRUARY 12, 2008 THE CITY COUNCIL met in Regular Session on Tuesday, February 12, 2008 at 2:00 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 # 224 – Present: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Garry Gernandt of District No. 4. 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 February 8, 2008, notice re: Pre-Council and Regular City Council Meetings, February 12, 2008. CCID # 225 – 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 - RECONSIDERATION 5. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for property located Southeast of 180 th Street and West Dodge Road between the City of Omaha and Village West LLC, Pointe 180 LLC, and 180 West LLC, providing site development standards; and to provide for an effective da te - over from 2/5/08 for Roll Call on Reconsideration - see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 18 – January 8, January 15, January 29 and February 5 Meetings) CCID # 18 – ROLL CALL on Reconsideration Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Roll Call on Reconsideration Carried 7-0 Motion by Sigerson that the Ordinance be laid over nine weeks to April 15, 2008. Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0 (a) Planning Board and Planning Department recommend approval of a Major Amendment to a Mixed Use District Development Agreement for West Village Pointe located Southeast of 180th Street and West Dodge Road - over from 2/5/08 for Roll Call on Reconsideration - see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 18 – January 8, January 29 and February 5 Meetings) # 18 – ROLL CALL on Reconsideration Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Roll Call on Reconsideration Carried 7-0 Motion by Sigerson that the Planning Board recommendation be laid over nine weeks to April 15, 2008. Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0 - 3 - (b) Communication from James D. Buser, attorney representing the developer and prospective purchaser of the property located southeast of 180th Street and West Dodge Road, requesting that the ordinance approving a Major Amendment to the Mixed Use Development Agreement for this property be reconsidered and after reconsideration, laid over to April 15, 2008 - over from 2/5/08 - see attached. (See Doc. # 18 – February 5 Meeting) # 18 – From Chair on File ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 6. Ord. to rezone property located Northeast of 60 th Street and Hartman Avenue from DR-Development Reserve District and CC-Community Commercial District to CC-Community Commercial District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 162 – January 29 and February 5 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Ralph Peppard, 500 South 18th Street, Attorney representing the applicant, Joseph Kozol Joseph Kozol, 1761 Woodridge Lane CCID # 162 – Motion by Suttle that the Ordinance be passed Seconded by Vokal ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 37994 PASSED 7-0 Notice of public hearing on February 12, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northeast of 60th Street and Hartman Avenue from DR and CC to CC - see attached. (See Doc. # 162 – January 29 Meeting) CCID # 162 – From Chair on File - 4 - 7. Res. that the replat transmitted herewith entitled KENSINGTON REPLAT 3, located Northeast of 60th Street and Hartman Avenue, is hereby approved, and concurrently a portion of the existing plat entitled Kensington Addition, and described on said replat, is hereby vacated - Inside City - over from 1/29/08 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 163 – January 29 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Ralph Peppard, 500 South 18th Street, Attorney representing the applicant, Joseph Kozol Joseph Kozol, 1761 Woodridge Lane Motion by Suttle that the Resolution be adopted Seconded by Vokal ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 163 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of KENSINGTON REPLAT 3 located Northeast of 60th Street and Hartman Avenue - Inside City - over from 1/29/08 - see attached. (See Doc. # 163 – January 29 Meeting) # 163 – From Chair on File 8. Res. that the Special Use Permit application submitted by Joseph F. Kozol for permission to allow Convenience Storage in the CC District located Northeast of 60th Street and 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 1/29/08 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 164 – January 29 Meeting) Motion by Suttle that the Resolution be adopted Seconded by Vokal ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President - 5 - Res. # 164 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the request of Joseph F. Kozol for a Special Use Permit to allow Convenience Storage in a CC District on property located Northeast of 60th Street and Hartman Avenue - over from 1/29/08 - see attached. (See Doc. # 164 – January 29 Meeting) # 164 – From Chair on File 9. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located Southwest of 90 th and Ohio Streets; and to provide for an effective date - see attached. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 165 – January 29 and February 5 Meetings) Jason Thelen, E & A Consulting Group, appeared and spoke. CCID # 165 – Motion by Suttle that the Ordinance be passed Seconded by Brown ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 37995 PASSED 7-0 Notice of public hearing on February 12, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. (a) Planning Board and Planning Department recommend approval of an MCC-Major Commercial Corridor Overlay District for property located Southwest of 90th and Ohio Streets - see attached. (See Doc. # 165 – January 29 Meeting) # 165 – From Chair on File 10. Ord. to rezone property located Southwest of 90 th and Ohio Streets from DR-Development Reserve District and CC-Community Commercial District to CC-Community Commercial District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 166 – January 29 and February 5 Meetings) Jason Thelen, E & A Consulting Group, appeared and spoke. - 6 - CCID # 166 – Motion by Suttle that the Ordinance be passed Seconded by Brown ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 37996 PASSED 7-0 Notice of public hearing on February 12, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 90th and Ohio Streets from DR and CC to CC - see attached. (See Doc. # 166 – January 29 Meeting) # 166 – From Chair on File 11. Res. that the replat transmitted herewith entitled THE SHOPPES AT LORETO, located Southwest of 90th and Ohio Streets, is hereby approved, and concurrently a portion of the existing plat entitled Mapleview Addition, and described on said replat, is hereby vacated - Inside City - over from 1/29/08 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 167 - January 29 Meeting) Jason Thelen, E & A Consulting Group, appeared and spoke. Motion by Suttle that the Resolution be adopted Seconded by Brown ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 167 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of THE SHOPPES AT LORETO loc ated Southwest of 90th and Ohio Streets - Inside City - over from 1/29/08 - see attached. (See Doc. # 167 – January 29 Meeting) # 167 – From Chair on File - 7 - 12. Res. that the Subdivision Agreement between the City of Omaha and Fantasy’s Inc., as recommended by the Mayor, providing for the public improvements, ongoing maintenance contained in the agreement and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as The Shoppes at Loreto (Lots 1&2) and is located southwest of 90 th & Ohio Streets - over from 1/29/08 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 168 – January 29 Meeting) Jason Thele, E & A Consulting Group, appeared an spoke. Motion by Suttle that the Resolution be adopted Seconded by Brown ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 168 – ADOPTED 7-0 13. Ord. to rezone property located Southwest of 144 th and State Streets from AG-Agricultural District to R4-Single-Family Residential District (High Density). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 169 – January 29 and February 5 Meetings) John Fullenkamp, 11440 West Center Road, Attorney on behalf of the applicant, appeared and spoke. CCID # 169 – Motion by Suttle that the Ordinance be passed Seconded by Vokal ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 37997 PASSED 7-0 Notice of public hearing on February 12, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 144th and State Streets from AG to R4 - see attached. (See Doc. # 169 – January 29 Meeting) # 169 – From Chair on File - 8 - 14. Res. that the plat entitled RIDGEMOOR (Lots 186 -206) located Southwest of 144th and State Streets is hereby approved and accepted - Outside City - over from 1/29/08 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 170 – January 29 Meeting) John Fullenkamp, 11440 West Center Road, Attorney on behalf of the applicant, appeared and spoke. Motion by Suttle that the Resolution be adopted Seconded by Vokal ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 170 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of RIDGEMOOR (Lots 186-206) located Southwest of 144th and State Streets - Outside City - over from 1/29/08 - see attached. (See Doc. # 170 – January 29 Meeting) #170 – From Chair on File 15. Res. that the Subdivision Agreement among the City of Omaha, Stone Creek Plaza, LLC, the Shadowbrook/Ridgemoor Homeowners Association and Sanitary and Improvement District 527 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, Neighborhood Park fees, Trail/Boulevard fees, 1% administrative fee and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Ridgemoor (Lots 186-206) and is located southwest of 144th & State Streets - over from 1/29/08 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 171 – January 29 Meeting) John Fullenkamp, 11440 West Center Road, Attorney on behalf of the applicant, appeared and spoke. Motion by Suttle that the Resolution be adopted Seconded by Vokal ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 171 – ADOPTED 7-0 - 9 - 16. Ord. to rezone property located Southwest of 206th and Blondo Streets from S-1- Suburban Reserve (Elkhorn) to DR-Development Reserve District (Omaha). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 172 – January 29 and February 5 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: John Fullenkamp, 11440 West Center Road, Attorney on behalf of the applicant Protestants: Lyle Dike, 20895 Blondo Street CCID # 172 - Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 37998 PASSED 7-0 Notice of public hearing on February 12, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. 17. Ord. to rezone property located Southwest of 206th and Blondo Streets from S-1-Suburban Reserve (Elkhorn) to R3-Single Family Residential District (Medium Density) (Omaha). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 173 – January 29 and February 5 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: John Fullenkamp, 11440 West Center Road, Attorney on behalf of the applicant Protestants: Lyle Dike, 20895 Blondo Street CCID # 173 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 37999 PASSED 7-0 Notice of public hearing on February 12, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. - 10 - 18. Ord. to rezone property located Southwest of 206th and Blondo Streets from S-1-Suburban Reserve (Elkhorn) to R4-Single Family Residential District (High Density) (Omaha. ). ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 174 – January 29 and February 5 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: John Fullenkamp, 11440 West Center Road, Attorney on behalf of the applicant Protestants: Lyle Dike, 20895 Blondo Street CCID # 174 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38000 PASSED 7-0 Notice of public hearing on February 12, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 206th and Blondo Streets from S-1 (Elkhorn) to DR, R3 and R4 (Omaha) - see attached. (See Doc. # 174 – January 29 Meeting) # 174 – From Chair on File 19. Res. that the plat entitled SUMMER GLEN (Lots 226-272 and Outlot “I”) located Southwest of 206th and Blondo Streets is hereby approved and accepted - Outside City - over from 1/29/08 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 175 – January 29 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: John Fullenkamp, 11440 West Center Road, Attorney on behalf of the applicant Protestants: Lyle Dike, 20895 Blondo Street Motion by Suttle that the Resolution be adopted Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 175 – ADOPTED 7-0 - 11 - (a) Planning Board and Planning Department recommend approval of the Final Plat of SUMMER GLEN (Lots 226-272 and Outlot “I”) located Southwest of 206th and Blondo Streets - Outside City - over from 1/29/08 - see attached. (Doc. # 175 – January 29 Meeting) # 175 – From Chair on File 20. Res. that the Subdivision Agreement among the City of Omaha, Hearthstone Homes, Inc., the Summer Glen Homeowners Association and Sanitary and Improvement District 541 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, Neighborhood Park fees, Trail/Boulevard fees, 1% administrative fee and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Summer Glen (Lots 226-272 and Outlot I) and is located Southeast of Blondo Street and Skyline Drive - over from 1/29/08 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 176 – January 29 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: John Fullenkamp, 11440 West Center Road, Attorney on behalf of the applicant Protestants: Lyle Dike, 20895 Blondo Street Motion by Suttle that the Resolution be adopted Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 176 – ADOPTED 7-0 21. Ord. to rezone property located Southwest of 243rd and Chicago Streets from GC (Douglas County) to DR-Development Reserve District (Omaha), portions of which property lie in the flood fringe. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 177 – January 29 and February 5 Meetings) - 12 - CCID # 177 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE #38001 PASSED 7-0 Notice of public hearing on February 12, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. 22. Ord. to rezone property located Southwest of 243rd and Chicago Streets from GC (Douglas County) to CC-Community Commercial District (Omaha), portions of which property lie in the flood fringe. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 178 – January 29 and February 5 Meetings) CCID # 178 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE #38002 PASSED 7-0 Notice of public hearing on February 12, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 243 rd and Chicago Streets from GC (Douglas County) to DR and CC (Omaha), portions of which property lie in the flood fringe - see attached. (See Doc. # 178 – January 29 Meeting) #178 – From Chair on File - 13 - 23. Res. that the plat entitled WEST SHORES REPLAT 4, located Southwest of 243rd and Chicago Streets is hereby approved and accepted - Outside City - over from 1/29/08 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 179 – January 29 Meeting) Motion by Suttle that the Resolution be adopted Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 179 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of WEST SHORES REPLAT 4 located Southwest of 243rd and Chicago Streets - over from 1/29/08 - see attached. (See Doc. # 179 – January 29 Meeting) # 179 – From Chair on File 24. Res. that the Subdivision Agreement betwe en the City of Omaha, and Century Development LLC as recommended by the Mayor, providing maintenance of the Outlots is hereby approved. The Subdivision is to be known as West Shores Replat 4 (Lots 1 & 2 and Outlots A, B & C) and is located southwest of 24 3rd & Chicago Streets - over from 1/29/08 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 180 – January 29 Meeting) Motion by Suttle that the Resolution be adopted Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 180 – ADOPTED 7-0 - 14 - RESOLUTION RE: PRELIMINARY PLAT 25. Res. that the preliminary plat entitled SKYLINE located at 7300 Graceland Drive, 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 1/29/08 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 138 – January 29 Meeting) Motion by Suttle that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 138 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of SKYLINE located at 7300 Graceland Drive - Inside City - over from 1/29/08 - see attached. (See Doc. # 138 – January 29 Meeting) # 138 – From Chair on File LIQUOR 26. CLASS “C” - Twisted Cork Bistro, Inc., 10730 Pacific Street, Suite 110. New application, new location. Property posted: 1/31/08. Notification sent: 2/1/08 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Darrell Auld, 2081 Stillwater Drive, Papillion, Nebraska, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 226 – ADOPTED 7-0 27. CLASS “I” - Jasmine Day Spa, LLC, dba “Jasmine Salon & Day Spa”, 13110 Birch Drive, Suite 134. New application, new location. Property posted: 1/31/08. Notification sent: 2/01/08 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) - 15 - CCID # 227 – Motion by Gernandt to allow the applicant to withdraw their application Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0 (a) Communication from Jasmine Day Spa, LLC, dba “Jasmine Salon & Day Spa”, 13110 Birch Drive, Suite 134, requesting withdrawal of their application for a Class “I” Liquor License - see attached. # 227 – From Chair on File 28. PACKAGE - RGW Incorporated, dba “Tobacco Outlet”, 426 North 76 th Street. New application, new location. Property posted: 1/30/08. Notification sent: 2/01/08 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Robert Wagner, 426 North 76th Street, RGW, Inc., dba “Tobacco Outlet”, appeared and spoke. Motion by Suttle that the Resolution to GRANT be adopted Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 228 – ADOPTED 7-0 29. ON SALE BEER - Valadez, Luis, dba “Taqueria Valadez”, 6621 Railroad Avenue. New application, new location. Property posted: 1/29/08. Notification sent: 2/01/08 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Luis Valadez, 6621 Railroad Avenue, Taqueria Valadez, appeared and spoke. Motion by Gernandt that the Resolution to GRANT be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 229 – ADOPTED 7-0 - 16 - (a) Communication opposing the application of Valadez, Luis, dba “Taqueria Valadez”, 6621 Railroad Avenue, for an On Sale Beer License – see attached. # 229 – From Chair on File 30. Omaha Beverage Services, Inc., dba “Doubletree Guest Suites Omaha Central”, 7270 Cedar Street, requests permission to appoint James Williamson manager of their present Class “C” Liquor License - see attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) James Williamson, Food & Beverage Manager, Doubletree Guest Suites, appeared and spoke. CCID # 230 – Motion by Thompson that the request be approved Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0 ORDINANCE ON FINAL READING and Planning Board Attachment 31. Ord. vacating the east/west alley south of Poppleton Avenue from Saddle Creek Road, west to previously vacated alley adjacent to Lots 3, 4, 5 and 8, Block 13, West Side Addition and providing the effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 181 – January 29 and February 5 Meetings) CCID # 181 – Motion by Suttle that the Ordinance be passed Seconded by Vokal ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38003 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. (a) Planning Board and Planning Department recommend approval of a request to vacate the east/west alley south of Poppleton Avenue from Saddle Creek Road west to the previously vacated alley, adjacent to Lots 3, 4, 5 and 8, Block 13, West Side Addition - see attached. (See Doc. # 181 – January 29 and February 5 Meetings) # 181 – From Chair on File - 17 - ORDINANCES ON FINAL READING 32. Ord. approving an Agreement for fire protection and emergency medical services with the Elkhorn Suburban Fire Protection District; providing that the Agreement will remain in effect for a period of ten years in accord with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; and providing the effective date hereof - over from 12/18/07 and continue the Public Hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE PASSED TODAY)) (See Doc. # 1522 – December 4, December 11, and December 18, 2007 Meetings) CCID # 1522 – Motion by Thompson that the Ordinance be laid over eight (8) weeks to April 8, 2008 and continue the public hearing Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0 (a) Communication from Acting Fire Chief Michael F. McDonnell, Omaha Fire Department, requesting that the Ordinan ce approving an Agreement with Elkhorn Suburban Fire Protection District for fire protection and emergency medical services be laid over eight weeks to April 8, 2008 – see attached. # 1522 – From Chair on File 33. Ord. to approve an Agreement between the City of Omaha and PST Services, Inc., (a McKesson Company), a Georgia Corporation, 5995 Windward Parkway, Alpharetta, Georgia 30004, to provide rescue squad billing services for a period of approximately 5 years from January 1, 2008 to December 31, 2012 at a rate of 5.9% of net monthly receipts; to approve payment of money from appropriations of more than one year as provided in Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide funds from the General Fund No. 11111, Organization No. 119014; and to provide an effective date - over from 1/29/08 - see attached. ((PUBLIC HEARING HELD 1/8/08 - CAN BE PASSED TODAY)) (See Doc. # 1586 – December 18, 2007, January 8, January 15 and January 29 Meetings) Paul Kratz, City Attorney, appeared and spoke. - 18 - CCID # 1586 – Motion by Sigerson that the Ordinance NOT be passed, that we reject all Requests for Proposal and direct the department to issue a new “Request for Proposal”. Seconded by Thompson ROLL CALL: Yeas: Sigerson, Thompson, Vokal, Mr. President Nays: Gernandt, Suttle, Brown Motion Carried 4-3 (a) Document submitted by Leslie Vaughn, EMS Billing Services, opposing the Ordinance approving the Agreement with PST Services, Inc. to provide rescue squad billing services - over from 1/29/08 - see attached. (See Doc. # 1586 – January 8, January 15 and January 29 Meetings) # 1586 – From Chair on File (b) Document submitted by Leslie L. Vaughn, Jr., CEO, EMS Billing Services, Inc., re: Process for determining “Net Collection Rates” - over from 1/29/08 - see attached. (See Doc. # 1586 – January 15 and January 29 Meetings) # 1586 – From Chair on File (c) Communication from Carol Ebdon, Director, Finance Department, re: Ambulance Billing Contract - over from 1/29/08 - see attached. (See Doc. # 1586 – January 29 Meeting) # 1586 – From Chair on File (d) Document submitted by Leslie Vaughn, EMS Billing Services, Inc., re: Billing and Collection Services for EMS - over from 1/29/08 - see attached. (See Doc. # 1586 – January 29 Meeting) # 1586 – From Chair on File (e) Document submitted by Leslie Vaughn, EMS Billing Services, Inc., re: Rescue squad billing and collections - over from 1/29/08 - see attached. (See Doc. # 1586 – January 29 Meeting) # 1586 – From Chair on File - 19 - (f) Communication from Warren Weaver, City Council Chief of Staff, re: McKesson/Per Se Ambulance Billing Contract – see attached. # 1586 – From Chair on File (g) Communication from Carol Ebdon, Director, Finance Department, re: Ambulance Billing Contract – see attached. # 1586 – From Chair on File (h) Legal Opinion from BairdHolm, Attorneys at Law, submitted by Paul Kratz, City Attorney, re: Ambulance Billing Contract – see attached. # 1586 – From Chair on File (i) Document submitted by Warren Weaver, City Council Chief of Staff, re: Legal Opinion of Stephen R. Wirth, Attorney, Page, Wolfberg & Wirth, LLC, on Ambulance Coding – see attached. # 1586 – From Chair on File 34. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant an d improved properties located in the OIC Neighborhood Redevelopment Plan Area, an area generally defined by Willis Avenue on the South, Maple and Ohio Streets on the north, 17 th Street on the east, 24th Street on the west, for acquisition, relocation as appropriate, demolition of structures, preparation of sites, and subsequent use as sites for implementing the OIC Neighborhood Redevelopment Plan by the construction of new single - family, owner occupied houses; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; and, providing for the effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 182 – January 29 and February 5 Meetings) CCID # 182 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38004 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. - 20 - 35. Ord. to amend certain sections of Omaha Municipal Code Chapter 43 deali ng with the building code, building board of review, and building plans; to adopt the 2006 edition of the International Building Code, along with certain amendments thereto; to suspend, for the purposes of section 7 of this ordinance only, the requirement of City Council Rule of Order VII-B that new material be shown underlined and deleted material be shown lined out; to repeal §§ 43 -54, 43-63, 43-73, 43-74, 43-78, 43-121 and 43-126 as heretofore existing; and to provide the effective date thereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 183 – January 29 and February 5 Meetings) CCID # 183 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38005 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 publishe d in the Daily Record on February 20, 2008. 36. Ord. to accept the bid from Blade Masters for grounds maintenance mowing of right-of-way in Area 1 Mowing, being 90th Street east to the river from Cuming Street north to the city limits in the amount of $37,800.00 for a two year period ending December 31, 2009 with a sole option by the City to extend it for two additional years; providing for the payments 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 Purchasing Agent to issue a purchase order; and to provide an effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 184 – January 29 and February 5 Meetings) CCID # 184 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38006 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. - 21 - 37. Ord. to accept the bid from US Grounds Maintenance for grounds maintenance mowing of right-of-way identified as Area 2 Mowing, being 90th Street east to the river from Cuming Street south to Harrison Street in the amount of $39,227.40 for a two year period ending December 31, 2009 with a sole option by the City to extend it for two additional years; providing for the payments 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 Purchasing Agent to issue a purchase order; and to provide an effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 185 – January 29 and February 5 Meetings) CCID # 185 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38007 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. 38. Ord. to accept the bid from Blade Masters for grounds maintenance mowing of right-of-way in Area 3 Mowing, being 90th Street west to 168th Street from Dodge Street north to the city limits in the amount of $35,400.00 for a two year period ending December 31, 2009 with a sole option by the City to extend it for two additional years; providing for the payments 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 Purchasing Agent to issue a purchase order; and to provide an effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 186 – January 29 and February 5 Meetings) CCID # 186 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38008 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. - 22 - 39. Ord. to accept the bid from Blade Masters for grounds maintenance mowing of right-of-way in Area 4 Mowing, being 90th Street west to 192nd Street from Dodge Street south to the Harrison Street in the amount of $73,200.00 for a two year period ending December 31, 2009 with a sole option by the City to extend it for two additional years; providing for the payments 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 Purchasing Agent to issue a purchase order; and to provide an effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 187 – January 29 and February 5 Meetings) CCID # 187 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38009 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. 40. Ord. to accept the bid from Blade Masters for grounds maintenance mowing of right-of-way in Area 5 Mowing, being 192nd Street west to the city limits from Pacific Street to Maple Street in the amount of $34,800.00 for a two year period ending December 31, 2009 with a sole option by the City to extend it for two additional years; providing for the payments 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 Purchasing Agent to issue a purchase order; and to provide an effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 188 – January 29 and February 5 Meetings) CCID # 188 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38010 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. - 23 - 41. Ord. to accept the bid from Blade Masters for grounds maintenance mowing of right-of-way identified as Storz to North Freeway to Sorensen Mowing, being Storz Expressway from Abbott Drive to Sorensen Parkway, North Freeway from Sorensen Parkway to Cuming Street, and, Sorensen Parkway from Storz Expressway west to 56th Street in the amount of $48,800.00 for a two year period ending December 31, 2009 with a sole option by the City to extend it for two additional years; providing for the payments 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 Purchasing Agent to issue a purchase order; and to provide an effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 189 – January 29 and February 5 Meetings) CCID # 189 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38011 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. 42. Ord. to accept the bid from Total Lawn Care for grounds maintenance mowing of right-of-way identified as West Dodge to Maple Streets Mowing, being Dodge Street from 96th Street to 120th Street and Maple Street from east of 72nd Street to 177th Street in the amount of $24,600.00 for a two year period ending December 31, 2009 with a sole option by the City to extend it for two additional years; providing for the payments 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 Purchasing Agent to issue a purchase order; and to provide an effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 190 – January 29 and February 5 Meetings) CCID # 190 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38012 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. - 24 - 43. Ord. to accept the bid from Blade Masters for grounds maintenance mowing of right-of-way identified as “L” Street Mowing, being “L” Street from 54 th Street to 132nd Street and Industrial Road from 132nd Street to east of Bob Boozer Drive in the amount of $22,800.00 for a two year period ending December 31, 2009 with a sole option by the City to extend it for two additional years; providing for the payments from appropriations of more than one year in accordance with Se ction 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 191 – January 29 and February 5 Meetings) CCID # 191 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38013 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. 44. Ord. to accept the bid of Weathercraft Enterprises in the amount of $26,155.00 for grounds maintenance of the West Dodge Road from 84 th to 97th Street, Omaha, Nebraska, to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective dat e - see attached. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 192 – January 29 and February 5 Meetings) CCID # 192 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38014 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 publishe d in the Daily Record on February 20, 2008. - 25 - 45. Ord. (1) to approve (a) an Agreement between the City of Omaha and the Douglas County Corrections Office in the amount of $122,350.00; (b) an Agreement between the City of Omaha and the Douglas County Dis trict Court in the amount of $45,000.00; (c) an Agreement between the City of Omaha and the Douglas County Sheriff’s Office in the amount of $88,000.00; (d) an Agreement between the City of Omaha and the Douglas County Attorney’s Office in the amount of $20,000.00; and (2) to authorize funding for such Agreements from the $611,888.00 Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, Grand Award No. 2007 -DJ-BX-0544; to improve the Omaha Police Department’s Crime Lab, offer crime prevention programs, provide legal training for the Douglas County Attorney’s Office, update software used by Douglas County Corrections, and provide educational material for drug treatment programs; to authorize payment from such grant fu nding 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. ((PUBLIC HEARING HELD 2/5/08 - CAN BE PASSED TODAY)) (See Doc. # 193 – January 29 and February 5 Meetings) CCID # 193 – Motion by Suttle that the Ordinance be passed Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President ORDINANCE # 38015 PASSED 7-0 Notice of public hearing on February 5, 2008 published in the Daily Record on February 1, 2008. Ordinance passed February 12, 2008 published in the Daily Record on February 20, 2008. “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD FEBRUARY 19, 2008 THE THIRD READING AND PUBLIC HEARING ON AGENDA ITEM NO. 46 SHALL BE HELD ON FEBRUARY 26, 2008” ZONING ORDINANCE ON SECOND READING 46. Ord. to rezone property located Southeast of 204th (Hwy 6) and Pacific Streets from MU-Mixed Use District to DR-Development Reserve District. (See Doc. # 217 – February 5 Meeting) CCID # 217 – ORDINANCE ON SECOND READING – Final reading to be held February 26, 2008 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * * - 26 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD FEBRUARY 19, 2008 THE THIRD READING ON AGENDA ITEM NOS. 47 THROUGH 50 SHALL BE HELD ON FEBRUARY 26, 2008” ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCES ON SECOND READING 47. Ord. to amend the Omaha Municipal Code by adding a new section 24 -150 entitled “Fees: Tax Increment Financing Applications, Processing, and Administration”; to provide for fees to be paid to the City of Omaha for receiving and processing applications for projects involving tax increment financing pursuant to Nebraska’s Community Development Law, as well as the administration of those projects; and to provide the effective date thereof - see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 220 – February 5 Meeting) Ken Johnson, Planning Department, appeared and spoke. CCID # 220 – Public hearing was held today – Final reading set for February 26, 2008 pursuant to City Council Rule VII H. (a) Communications in support of the proposed Ordinance amending the Omaha Municipal Code by adding a new section 24 -150 entitled “Fees: Tax Increment Financing, Applications, Processing and Administration” – see attached. # 220 – Over to 2/26/08 48. Special Ord. levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18 -21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (GROUP NO. 2008-1) - see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 221 – February 5 Meeting) Bob Theisen, Chief Field Inspector, Parks Code Enforcement, appeared and spoke. CCID # 221 – Public hearing was held today – Final reading set for February 26, 2008 pursuant to City Council Rule VII H. - 27 - 49. Special Ord. levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18 -21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (GROUP NO. 2008-2) - see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 222 – February 5 Meeting) Bob Theisen, Chief Field Inspector, Parks Code Enforcement, appeared and spoke. CCID # 222 – Public hearing was held today – Final reading set for February 26, 2008 pursuant to City Council Rule VII H. 50. Special Ord. levying a special tax assessment for removal of litter in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (GROUP NO. 2008 -3) - see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 223 – February 5 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestants: Steven Harris, representing Julia Pittman, owner of property located at 2232 Florence Boulevard Hans Schroeder, owner of property located at 976 South 50th Avenue For the City: Bob Theisen, Chief Field Inspector, Parks Code Enforcement CCID # 223 – Public hearing was held today – Final reading set for February 26, 2008 pursuant to City Council Rule VII H. (a) Communication from Julia Pittman, owner of the property located at 2232 Florence Boulevard, opposing the assessment proposed to be levied against her property for litter removal – see attached. # 223 – Over to 2/26/08 (b) Response submitted by Bob Theisen, Chief Field Inspector, City of Omaha, re: the protest filed by Julia Pittman, owner of the property located at 2232 Florence Boulevard, opposing the assessment proposed to be levied against her property for litter removal – see attached. # 223 – Over to 2/26/08 - 28 - (c) Communication from Hans N. Schroeder, owner of the property located at 976 South 50th Avenue, opposing the assessment proposed to be levied against his property for litter removal – see attached. # 223 – Over to 2/26/08 (d) Response submitted by Bob Theisen, Chief Field Inspector, City of Omaha, re: the protest filed by Hans N. Schroeder, owner of the property located at 976 South 50th Avenue, opposing the assessment proposed to be levied against his property for litter removal – see attached. # 223 – Over to 2/26/08 * * * * * * * * * * * * * * * SPECIAL USE PERMIT - INDOOR SPORTS AND RECREATION 51. Res. that the Special Use Permit application submitted by Sportscenter Properties LLC for permission to allow Indoor Sports and Recreation in the GI District located Northwest of 120th and “I” 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 wi th. 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 1/29/08 for publication and Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) (See Doc. # 139 – January 29 Meeting) Russ Kreikemeier, 126 East Grove, West Point, Nebraska, Attorney for the applicant, appeared and spoke. Motion by Vokal that the Resolution be adopted Seconded by Brown ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Res. # 139 - ADOPTED 7-0 - 29 - (a) Planning Board and Planning Department recommend approval of the request of Sportscenter Properties LLC for a Special Use Permit to allow Indoor Sports and Recreation in the GI District on property located Northwest of 120th and “I” Streets - over from 1/29/08 - see attached. (See Doc. # 139 – January 29 Meeting) # 139 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 53 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT - BROADCAST TOWER 52. Res. that the application submitted by American Tower for a major amendment to a Special Use Permit to allow a Broadcast Tower in the AG-Agricultural District with a waiver of Section 55-87, Height, for a 126’ high tower, located at 17809 Fort 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 major amendment 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. CCID # 231 – Over two weeks to February 26, 2008 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the request of American Tower for a Special Use Permit to allow a Broadcast Tower in the AG-Agricultural District with a waiver of Section 55-87, Height, for a 126’ high tower located at 17809 Fort Street - see attached. # 231 – Over to 2/26/08 * * * * * * * * * * * * * * * - 30 - RESOLUTIONS 53. Res. that, as recommended by the Mayor, the Agreement between the City of Omaha and the State of Nebraska Department of Roads, providing for design and construction of a pedestrian bridge over 24th Street immediately south of Burt Street, known as NDOR Project No. DPU-5085(1) and State Control No. 22157D where the State will reimburse the City of Omaha 80% of the project cost of $2,280,000, with the local 20% share to be paid by Creighton University, is hereby approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Vokal ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Nays: Brown Res. # 232 – ADOPTED 6-1 54. Res. that, as recommended by the Mayor, the Cooperation Agreement between the City of Omaha and Creighton University for design and construction of a pedestrian bridge crossing 24th Street immediately south of Burt Street which is estimated to be $2,280,000 with 80% being pass through Federal Funds and 20% of that amount will be paid by Creighton University, is hereby approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Nays: Brown Res. # 233 – ADOPTED 6-1 55. Res. that, as recommended by the Mayor, the Agreement between the City of Omaha and the State of Nebraska Department of Roads, providing for design and construction of improvements to Burt Street between 21 st Street and 30th Street, known as NDOR Project No. DPU-5110(1) where the State will reimburse the City of Omaha 80% of the project cost of $1,820,000, with the local 20% share to be paid by Creighton University, is hereby approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Nays: Brown Res. # 234 – ADOPTED 6-1 - 31 - 56. Res. that, as recommended by the Mayor, the Cooperation Agreement between the City of Omaha and Creighton University for design and construction of sidewalk replacements, pedestrian bump outs, landscaping, trees, lighting and other elements for the enhancement of Burt Street f rom 21st Street to 30th Street which is estimated to be $1,820,000 with 80% being pass through Federal Funds and 20% of that amount will be paid by Creighton University, is hereby approved - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President Nays: Brown Res. # 235 – ADOPTED 6-1 57. Res. that, as recommended by the Mayor, the contract with Fred’s HVAC for OPW 51367A, being Phase III HVAC upgrades at the Traffic Maintenance Facility located at 4303 South 50th Street, in the amount of $100,900.00 is hereby approved; and that the Finance Department is aut horized to pay the cost of OPW 51367A from the Traffic Engineering Organization 116180, Street and Highway Allocation Fund 12131, year 2008 expenditures - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown Mr. President Res. # 236 – ADOPTED 7-0 58. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Sid Dillon for the purchase of two 3,500 GVW vans to be utilized by the Traffic Engineering Division in the amount of $37,562.00; and that the Finance Department is authorized to pay the cost of this purchase fr om the Traffic Engineering Equipment Organization 116191, Street and Highway Allocation Fund 12131, year 2008 expenditures- see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown Mr. President Res. # 237 – ADOPTED 7-0 - 32 - 59. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a purchase order to the 3M Company for Price Agreement for the purchase of reflective sheeting and plastic pavement marking tapes, considered to be unique and non-competitive and made without bidding in accord with Section 5.16 of the Home Rule Charter, 1956, as amended, for use on the City’s street system through December 31, 2008; and, that the Finance Department is authorized to pay the cost of reflective sheeting and plastic pavement marking tapes purchased under this Price Agreement, estimated to be $200,000 .00, from the Traffic Engineering Organizations 116184, 116185 and 116188, Street and Highway Allocation Fund 12131, year 2008 expenditures - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown Mr. President Res. # 238 – ADOPTED 7-0 60. Res. that the City Council does hereby authorize the execution and delivery of a Quit Claim Deed to Lot 8 and one half of the vacated alley adjoining on the East, Block 2, Jizba’s Waconda Addition to the City of Omaha, Douglas County, Nebraska, conveying the same unto Andrew Jizba, Successor Trustee of the Jaro Z. Jizba Trust #1 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) James Thele, Planning Department, appeared and spoke. Motion by Vokal that the Resolution be adopted Seconded by Brown ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown Mr. President Res. # 245 – ADOPTED 7-0 - 33 - 61. Res. that, as recommended by the Mayor, the attached Agreement between the City of Omaha and New Community Development Corporation, a Nebraska non - profit corporation (NCDC) and a City Certified Community Housing Development Organization (CHDO), 1701 North 24th Street, Suite 102, Omaha, Nebraska 68110, Kenneth G. Lyons, President and CEO, to provide $900,000.00 (comprised of $300,000.00 Grant for site prep from FY 2006 HOME Program funds and $600,000.00 Deferred Payment Loans for construction financing) and $400,000.00 Deferred Payment Loans for construction financing from NAHTF Award No. 07-TFHP-7088 to NCDC and to allow the City to convey vacant land to NCDC sufficient in number for new construction of ten (10) single -family live and work townhomes in the Long School Redevelopment Target Area bounded by Patrick Avenue, 25th Street, Franklin Street and 27th Street for qualified low and moderate-income families whose annual household incomes are 80% and below the Median Income by Family Size (MFI) to be occupied as their principal place of residence for townhomes funded with HOME and NAHTF funds and 100% of the MFI for townhomes funded with NAHTF funds, is hereb y approved. HOME funds in the amount of $900,000.00 (comprised of $300,000.00 FY 2006 and $600,000.00 Long School FY 2007 program funds) shall be payable from the FY 2007 HOME Investment Partnerships Housing Development Program Fund No. 12179, Organization No. 128062 and $400,000.00 shall be paid from NAHTF Award No. 07-TFHP-7088, Fund No. 12141, Organization No. 128102 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) CCID # 239 – Motion by Brown that the Resolution be laid over two weeks to February 26, 2008 Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown Mr. President Motion Carried 7-0 62. Res. that, as recommended by the Mayor, the bid in the total amount of $42,874.00 ($21,437.00 each) from Anderson Ford Lincoln Mercury Mazda, to purchase two (2) 2008 Ford F250 XL, three quarter ton, 4 wheel drive pickup trucks, to be utilized by the City of Omaha Park Maintenance Division of the Parks, Recreation and Public Property Department, based on a bid to the State of Nebraska per Contract Number 12030OC, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2008 funding in General Fund No. 11111, Organization No. 115024, Grounds Maintenance Contracts - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown Mr. President Res. # 240 – ADOPTED 7-0 - 34 - 63. Res. that, as recommended by the Mayor, the bid in the total amount of $34,705.00 from Midwest Turf & Irrigation for one (1) Toro Reelmaster 5410 light weight fairway mower, within bid specifications, in the total amount of $34,705.00 ($32,507.00 with optional equipment as follows: 1 spare reel mower unit in the amount of $1,754.00, 1 rollover protection in the amount of $300.00, and 1 rear roller scrapper for $144.00), for the Golf Division of Parks, Recreation and Public Property Department, being the best bid received, within the bid specifications, attached hereto and made a part hereof, is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. The Finance Department is authorized to pay for this fairway mower from Fund No. 21114, Golf Operations and Organization No. 115461, Golf Operations - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown Mr. President Res. # 241 – ADOPTED 7-0 64. Res. that, as recommended by the Mayor, the bid in the total amount of $21,297.00 from Sid Dillon Wahoo, Inc. dba Sid Dillon Chevrolet-Buick-Pontiac, to purchase one (1) 2008 Chevrolet Silverado 1500 LT half ton regular cab 4 - wheel drive pickup truck, to be utilized by the City of Omaha Park Maintenance Division of the Parks, Recreation and Public Property Department, based on a bid to the State of Nebraska per Contract Number 12066OC, is hereby accepted and the Purchasing Agent is authorize d to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2008 funding in General Fund No. 11111, Organization No. 115024, Grounds Maintenance Contracts - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown Mr. President Res. # 242 – ADOPTED 7-0 - 35 - 65. Res. that, as recommended by the Mayor, the Professional Services Agreement with General Physics Corporation for Technical Assistance Consulting Services, focusing on three primary areas of Program Management, Interoperable Communications, and Fire training and exercises, is hereby approved; and, the Finance Department is authorized to pay the amount of $374,120.66 from Nebraska Emergency Management Agency (NEMA) FY 2006 Homeland Security Grant, Urban Area Security Initiative (UASI), Grant Award # 2006 -GE-T6-0016, grant amount $8,246,700.00, and detailed in the Tri-County Urban Area Homeland Security Strategy spending plan and Strategy approved by City Council December 5, 2006, Ordinance No. 37562, Grant Period August 30, 2006 to June 30, 2008; Budget Year 2008, Fund 12151, Organization 130752, Award 451, Project 2272 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Vokal that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Brown, Mr. President Res. # 243 – ADOPTED 7-0 66. Res. that, as recommended by the Mayor, the purchase, based upon the bid of Shared Service Systems in the amount of $20,621.00 for 100 DeVilbiss DV - 7305P-D AC/DC Portable Suction Machines, is hereby approved, and that the Finance Department is authorized to pay the cost of DeVilbiss DV -7305P-D AC/DC Portable Suction Machines from Year 2008, Fund 12168, Organization 130785, such purchase being made from the Nebraska Department of Health and Human Services Regulation and Licensure (HRSA) Grant, Grant Award #BT-567-123107, grant amount $410,000.00 with an additional $189,200.00 added by amendment, and detailed in the grant award approved by City Council May 15, 2007, Resolution No. 623, Grant Period January 1, 2007 to December 31, 2007; and that the Purchasing Agent is authorized to issue such purchase order to Shared Service Systems in the amount of $20,621.00 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Vokal that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Brown, Mr. President Res. # 244 – ADOPTED 7-0 - 36 - 67. Res. that the attached contract between the City of Omaha and Contrivium Design & Urbanism, Inc. for professional services, including schematic design, design development, preparation of construction documents, and contract administration for the expansion and renovation of the Convention and Tourism Department leased space in the LeDioyt Building at 1001 Farnam -on-the-Mall in the total amount of $36,432 is hereby approved and the Finance Director is authorized to pay the costs thereof from Fiscal Year 2008, Fund No. 21109, Organization No. 115912, Account No. 42415 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Suttle that the Resolution be adopted Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Brown, Mr. President Res. # 246 – ADOPTED 7-0 68. Res. that the appointment by Mayor Mike Fahey of Janet K. Place to serve as an alternate member of the City of Omaha Personnel Board is hereby confirmed, said term to commence on the date of confirmation by the City Co uncil and to expire five years thereafter, is hereby confirmed - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Brown, Mr. President Res. # 258 – ADOPTED 7-0 “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD FEBRUARY 19, 2008 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 69 THROUGH 75 SHALL BE HELD ON MARCH 4, 2008” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 69. Ord. to rescind a Planned Unit Development Overlay District for the property located at 8123 Farnam Drive; to rescind the Development Plan; and to provide for an effective date - see attached. CCID # 247 – Publication to be made and public hearing and third reading to be held on March 4, 2008 pursuant to City Council Rule VII H. - 37 - (a) Planning Board and Planning Department recommend approval of a request to repeal a Planned Unit Development in a R7-Medium Density Multiple Family Residential District for property located at 8123 Farnam Drive - see attached. # 247 – Over to 3/4/08 70. Ord. to rezone property located at 7915, 8005 and 8123 Farnam Drive from R7-Medium Density Multiple Family Residential District and MU-Mixed Use District to MU-Mixed Use District. CCID # 248 – Publication to be made and public hearing and third reading to be held on March 4, 2008 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 7915, 8005 and 8123 Farnam Drive from R7-Medium Density Multiple Family Residential District and MU-Mixed Use District to MU-Mixed Use District - see attached. # 248 – Over to 3/4/08 71. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for property located at 7915, 8005, and 8123 Farnam Drive between the City of Omaha and Midwest Neuroscience Center LLC and MNC Land LLC, providing site development standards; and to provide for an effective date - see attached. CCID # 249 – Publication to be made and public hearing and third reading to be held on March 4, 2008 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request for a Major Amendment to a Mixed Use District Development Agreement for Beverly Hills Replat 4 to allow a 51 - stall off-street parking lot addition to the Midwest Neuroscience Center facility at 7915, 8005, and 8123 Farnam Drive - see attached. # 249 – Over to 3/4/08 - 38 - 72. Ord. to rezone property located Northwest of 192 nd and Blondo Streets from R-3 Multiple Family Residential, High Density (Elkhorn) to R6-Low Density Multiple Family Residential District (Omaha), portions of which property lie within the flood fringe. CCID # 250 – Publication to be made and public hearing and third reading to be held on March 4, 2008 pursuant to City Council Rule VII H. 73. Ord. to rezone property located Northwest of 192 nd and Blondo Streets from C-1 General Commercial (Elkhorn) to CC-Community Commercial District (Omaha). CCID # 251 – Publication to be made and public hearing and third reading to be held on March 4, 2008 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located northwest of 192nd and Blondo Streets from R-3 Multiple Family Residential, High Density and C-1 General Commercial (Elkhorn) to R6-Low Density Multiple Family Residential District and CC-Community Commercial District (Omaha), portions of which property lie within the flood fringe - see attached. # 251 – Over to 3/4/08 74. Ord. to amend Sections 55-523 and 55-525 of the Omaha Municipal Code; to change the Scrap and Salvage Services use type from a Permitted Use in the HI- Heavy Industrial District to requiring approval of Special Use Permit; to repeal Sections 55-523 and 55-525 as heretofore existing; and to provide the effective date thereof - see attached. CCID # 252 – Publication to be made and public hearing and third reading to be held on March 4, 2008 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of an amendment to Sections 55-523 and 55-525 of the Omaha Zoning Ordinance to change the Scrap and Salvage Services use type from a Permitted Use in the HI-Heavy Industrial District to requiring approval of a Special Use Permit - see attached. # 252 – Over to 3/4/08 - 39 - 75. Ord. to amend Section 55-764 of the Omaha Municipal Code; to require a 300 foot separation distance between the Noncommercial Day Shelter use type and Day Care facilities; to repeal Section 55-764 as heretofore existing; and to provide the effective date thereof - see attached. CCID # 253 – Publication to be made and public hearing and third reading to be held on March 4, 2008 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of an amendment to Section 55-764 of the Omaha Zoning Ordinance to require a 300 foot separation distance between Noncommercial Day Shelters and Day Care facilities - see attached. # 253 – Over to 3/4/08 * * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD FEBRUARY 19, 2008 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 76 THROUGH 78 SHALL BE HELD ON FEBRUARY 26, 2008” ORDINANCES ON FIRST READING 76. Ord. approving a Tax Increment Financing (TIF) Redevelopment Loan Agreement between the City of Omaha and Sutherlands Plaza, L.L.C., to restore a dilapidated industrial site adjacent to the Sutherlands Plaza Redevelopment Project at Dahlman Avenue and “L” Street, Omaha Nebraska; such Redevelopment Agreement authorizes the approval of $142,500.00 in TIF to be used as an additional funding source for the redevelopment of the Sutherlands Plaza Redevelopment Project site; and providing for an effective date - see attached. CCID # 254 – Publication to be made and public hearing to be held on February 26, 2008 pursuant to City Council Rule VII H. - 40 - 77. Ord. to approve the Midtown Crossing at Turner Park Redevelopment Agreement between the City of Omaha, Nebraska, and East Campus Realty, LLC, which contemplates the redevelopment of an area which includes Turner Park, an approximately 16 acre privately owned site bordered by Turner Park, 33rd Street, Dodge Street and Harney Street, a portion of the block north of Dodge Street between 32nd and 33rd Streets, and adjacent public rights-of-way; and to provide for an effective date - see attached. CCID # 257 – Publication to be made and public hearing to be held on February 26, 2008 pursuant to City Council Rule VII H. 78. Ord. to accept the bid of and authorize payments to Ed M. Feld for the purchase of firefighter helmets in the estimated amount of $10,425.00 to be used by the Omaha Fire Department, involving the possibility of appropriations of more than one year, in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to authorize the Finance Department to make payment from specified accounts; and to provide an effective date hereof - see attached. CCID # 255 – Publication to be made and public hearing to be held on February 26, 2008 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * * CHAIRMAN OF THE BOARD OF EQUALIZATION 79. Chairman of the Board of Equalization reports approval of Plans of Assessment with adjustments made at their regular meeting held February 5, 2008 - see attached. ((MOTION NEEDED TO APPROVE)) CCID # 256 – Motion by Gernandt to APPROVE Seconded by Welch ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0 - 41 - EXECUTIVE SESSION 80. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Motion by Brown that the City Council Meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Motion Carried 7-0 ADJOURNED: 2:57 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 February 12, 2008. WITNESS: _________________________________ ________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR MIKE FAHEY ON THE 15TH DAY OF FEBRUARY. 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.