2008-05-20j16th REGULAR OMAHA CITY COUNCIL MEETING
MAY 20, 2008
THE CITY COUNCIL met in Regular Session on Tuesday, May 20, 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 # 688 – Present: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal,
Mr. President
2. Pledge of Allegiance.
3. Invocation by Dr. Larry Maley, Pastor, Dundee Presbyterian Church, introduced
by Councilmember James Suttle of District No. 1.
CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City
of Omaha on May 16, 2008, notice re: Pre-Council and Regular City Council
Meetings, May 20, 2008.
CCID # 689 – From Chair on File
A current copy of the Open Meeting Act is posted in a white binder on the east
wall of the Legislative Chambers.
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
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ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
5. Ord. to rezone property located Northeast of 32nd and “W” Streets from R5-Urban
Family Residential District and R5(35)-Urban Family Residential District to
R5-Urban Family Residential District. ((PUBLIC HEARING TODAY – CAN BE
PASSED TODAY))
(See Doc. # 638 – May 6 and May 13 Meetings)
Notice of public hearing on May 20, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
Dan Dolezal, 3552 Farnam Street, Ehrhart Griffin & Associates, appeared and
spoke.
CCID # 638 – Motion by Gernandt that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38105 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast of 32nd and “W”
Streets from R5-Urban Family Residential District and R5(35)-
Urban Family Residential District to R5-Urban Family Residential
District – see attached.
(See Doc. # 638 – May 6 Meeting)
# 638 – From Chair on File
6. Res. that the replat transmitted herewith entitled INDIAN HILL ADDITION located
Northeast of 32nd and “W” Streets, is hereby approved, and concurrently a
portion of the existing plats entitled Drews Hill, Union Place, and Jetters 2nd
Addition to South Omaha, and described on said replat, are hereby vacated –
Inside City – over from 5/6/08 for publication and Public Hearing – had
publication - see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
(See Doc. # 639 – May 6 Meeting)
Dan Dolezal, 3552 Farnam Street, Ehrhart Griffin & Associates, appeared and
spoke.
Motion by Gernandt that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 639 – ADOPTED 7-0
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(a) Planning Board and Planning Department recommend approval of
the Final Plat of INDIAN HILL ADDITION located Northeast of 32nd
and “W” Streets – over from 5/6/08 - see attached.
(See Doc. # 639 – May 6 Meeting)
#639 – From Chair on File
7. Ord. to rezone property located Southwest of 114th and Reynolds Streets from
AG-Agricultural District to DR-Development Reserve District. ((PUBLIC
HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 640 – May 6 and May 13 Meetings)
Notice of public hearing on May 20, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
Bob Huck, 1200 Omaha Tower, Attorney for the applicant, appeared and spoke.
CCID # 640 – Motion by Vokal that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38106 PASSED 7-0
8. Ord. to rezone property located Southwest of 114th and Reynolds Streets from
AG-Agricultural District to R4-Single Family Residential District (High Density).
((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 641 – May 6 and May 13 Meeting)
Notice of public hearing on May 20, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
Bob Huck, 1200 Omaha Tower, Attorney for the applicant, appeared and spoke.
CCID # 641 – Motion by Vokal that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38107 PASSED 7-0
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(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Southwest of 114th and
Reynolds Streets from AG-Agricultural District to DR-Development
Reserve District and R4-Single Family Residential District (High
Density) – see attached.
(See Doc. # 641 – May 6 Meeting)
# 641 – From Chair on File
9. Res. that the revised preliminary plat entitled DEER CREEK HIGHLANDS
NORTHEAST located Southwest of 114th and Reynolds Streets along with the
attached conditions, is hereby accepted; and, the preparation of the final plat of
this subdivision is hereby authorized – Outside City – over from 5/6/08 - see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 642 – May 6 Meeting)
Bob Huck, 1200 Omaha Tower, Attorney for the applicant, 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. # 642 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Revised Preliminary Plat of DEER CREEK HIGHLANDS
NORTHEAST (Phase 5) located Southwest of 114th and Reynolds
Streets – Outside City – over from 5/6/08 - see attached.
(See Doc. # 642 – May 6 Meeting)
# 642 – From Chair on File
10. Res. that the plat entitled DEER CREEK HIGHLANDS NORTHEAST located
Southwest of 114th and Reynolds Streets is hereby approved and accepted –
Outside City – over from 5/6/08 - see attached. ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY))
(See Doc. # 643 – May 6 Meeting)
Bob Huck, 1200 Omaha Tower, Attorney for the applicant, appeared and spoke.
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Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 643 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of DEER CREEK HIGHLANDS NORTHEAST located
Southwest of 114th and Reynolds Streets – Outside City – over
from 5/6/08 - see attached.
(See Doc. # 643 – May 6 Meeting)
# 643 – From Chair on File
11. Res. that the Subdivision Agreement among the City of Omaha, Deer Creek
Highlands, LLC, the Deer Creek Highlands Homeowners Association, Inc., and
Sanitary and Improvement District 499 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 Deer Creek Highlands Northeast (Lots 1-93 and
Outlots A, B and C) and is located southwest of 114th & Reynolds Streets – over
from 5/6/08 - see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
(See Doc. # 644 – May 6 Meeting)
Bob Huck, 1200 Omaha Tower, Attorney for the applicant, 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. # 644 – ADOPTED 7-0
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12. Ord. to approve an amendment to the Future Land Use Element of the Master
Plan of the City of Omaha to change the designation from single-family
residential (Elkhorn) to low density residential (Omaha), to include property
located Northwest of 192nd and Blondo Streets; and to provide for the effective
date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED
TODAY))
(See Doc. # 645 – May 6 and May 13 Meetings)
Notice of public hearing on May 20, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: John Kottmann, 10836 Old Mill Road, Thompson, Dreessen,
Dorner, on behalf of Edward Rose Development Company
Jim Hall, Edward Rose Development Company
CCID # 645 – Motion by Thompson that the Ordinance be passed
Seconded by Vokal
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38108 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
the request for an amendment to the Future Land Use Element of
the Master Plan to change the designation from single-family
residential (Elkhorn) to low density residential (Omaha) for property
located Northwest of 192nd and Blondo Streets – see attached.
(See Doc. # 645 – May 6 Meeting)
# 645 – From Chair on File
13. Res. that the revised preliminary plat entitled WEST HAMPTON PARK (Lots
5-100 and Outlots “A” and “C” through “I”) located North of Old Lincoln Highway
and east of 204th Street along with the attached conditions, is hereby accepted;
and, the preparation of the final plat of this subdivision is hereby authorized –
Outside City – over from 5/6/08 - see attached. ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY))
(See Doc. # 646 – May 6 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: John Kottmann, 10836 Old Mill Road, Thompson, Dreessen,
Dorner, on behalf of Edward Rose Development Company
Jim Hall, Edward Rose Development Company
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Motion by Thompson that the Resolution be adopted
Seconded by Vokal
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 646 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Revised Preliminary Plat of WEST HAMPTON PARK (Lots
5-100 and Outlots “A” and “C” through “I”) located North of Old
Lincoln Highway and east of 204th Street – Outside City – over from
5/6/08 - see attached.
(See Doc. # 646 – May 6 Meeting)
# 646 – From Chair on File
14. Ord. to rezone property located Northeast and Southeast of 204th and Harney
Streets from S-1-Suburban Reserve (Elkhorn) and AG-Agricultural District
(Omaha) to R7-Medium-Density Multiple Family Residential District (Omaha).
((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 647 – May 6 and May 13 Meetings)
Notice of public hearing on May 20, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
Mitch Elliott, Architect, Vetter Holding, appeared and spoke.
CCID # 647 – Motion by Thompson that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38109 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast and Southeast of
204th and Harney Streets from S-1 (Elkhorn) and AG (Omaha) to
R7 (Omaha) – see attached.
(See Doc. # 647 – May 6 Meeting)
# 647 – From Chair on File
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15. Ord. to approve a Major Amendment to a Planned Unit Development Overlay
District in a R7-Medium-Density Multiple-Family Residential District for the
property located Northeast and Southeast of 204th and Harney Streets, and to
provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN
BE PASSED TODAY))
(See Doc. # 649 – May 6 and May 13 Meetings)
Notice of public hearing on May 20, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
Mitch Elliott, Architect, Vetter Holding, appeared and spoke.
CCID # 649 – Motion by Thompson that the Ordinance be passed
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38110 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a major amendment to a Planned Unit Development Overlay
District in the R7 District located Northeast and Southeast of 204th
and Harney Streets – see attached.
(See Doc. # 649 – May 6 Meeting)
# 649 – From Chair on File
16. Res. that the replat transmitted herewith entitled BROOKSTONE MEADOWS
REPLAT 1 located Northeast and Southeast of 204th and Harney Streets, is
hereby approved, and concurrently a portion of the existing plat entitled
Brookstone Meadows, and described on said replat, is hereby vacated – Outside
City – over from 5/6/08 - see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
(See Doc. # 648 – May 6 Meeting)
Mitch Elliott, Architect, Vetter Holding, appeared and spoke.
Motion by Thompson that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 648 – ADOPTED 7-0
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(a) Planning Board and Planning Department recommend approval of
the Final Plat of BROOKSTONE MEADOWS REPLAT 1 located
Northeast and Southeast of 204th and Harney Streets – Outside
City – over from 5/6/08 - see attached.
(See Doc. # 648 – May 6 Meeting)
# 648 – From Chair on File
17. Res. that the Subdivision Agreement between the City of Omaha and Vetter
Holding Inc., as recommended by the Mayor, providing for the public
improvements, and sewer connection to the Omaha Sanitary Sewer System, is
hereby approved. The Subdivision is to be known as Brookstone Meadows
Replat 1 (Lots 1 and 2) and is located northeast of 204th and Harney Streets –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Mitch Elliott, Architect, Vetter Holding, appeared and spoke.
Motion by Thompson that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 698 – ADOPTED 7-0
18. Res. that the Special Use Permit application submitted by Vetter Holding for
permission to allow General Offices in an R7-PUD Medium Density Multiple
Family Residential District, Planned Unit Development, located Northeast and
Southeast of 204th and Harney 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
5/6/08 for publication and Public Hearing – had publication – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 650 – May 6 Meeting)
Mitch Elliott, Architect, Vetter Holding, appeared and spoke.
Motion by Thompson that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 650 – ADOPTED 7-0
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(a) Planning Board and Planning Department recommend approval of
the request of Vetter Holding, Inc. for a Special Use Permit to allow
General Offices in the R7-PUD District for property located
Northeast and Southeast of 204th and Harney Streets – over from
5/6/08 - see attached.
(See Doc. # 650 – May 6 Meeting)
# 650 – From Chair on File
RESOLUTIONS RE: PRELIMINARY PLAT, PLAT AND SUBDIVISION AGREEMENT
19. Res. that the revised preliminary plat entitled CROWN INDUSTRIAL PARK
located Southeast of 72nd and “F” Streets 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 5/6/08 for publication and Public
Hearing – had publication - see attached. ((PUBLIC HEARING TODAY – CAN
BE ADOPTED TODAY))
(See Doc. # 613 – May 6 Meeting)
Brian Doyle, 11440 West Center Road, Attorney on behalf of the applicant,
appeared and spoke.
Motion by Gernandt that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 613 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Revised Preliminary Plat of CROWN INDUSTRIAL PARK
located Southeast of 72nd and “F” Streets – over from 5/6/08 - see
attached.
(See Doc. # 613 – May 6 Meeting)
# 613 – From Chair on File
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20. Res. that the plat entitled CROWN INDUSTRIAL PARK located Southeast of 72nd
and “F” Streets is hereby approved and accepted – Inside City – over from 5/6/08
for publication and Public Hearing – had publication - see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 614 – May 6 Meeting)
Brian Doyle, 11440 West Center Road, Attorney on behalf of the applicant,
appeared and spoke.
Motion by Gernandt that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 614 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of CROWN INDUSTRIAL PARK located Southeast of
72nd and “F” Streets – over from 5/6/08 - see attached.
(See Doc. # 614 – May 6 Meeting)
# 614 – From Chair on File
21. Res. that the Subdivision Agreement between the City of Omaha and South 72nd
Street Associates, LLC, as recommended by the Mayor, providing for the public
improvements and sewer connection to the Omaha Sanitary Sewer System, is
hereby approved. The Subdivision is to be known as Crown Industrial Park (Lots
1-3) and is located southeast of 72nd and “F” Streets – over from 5/6/08 - see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 615 – May 6 Meeting)
Brian Doyle, 11440 West Center Road, Attorney on behalf of the applicant,
appeared and spoke.
Motion by Gernandt that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 615 – ADOPTED 7-0
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PLAT AND DEDICATIONS
22. Plat and Dedication of the north 25’ +/- of Lots 1-5, Ridgemoor (additional right-
of-way for State Street) located Southeast of 147th and State Streets – Outside
City – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED
TODAY))
CCID # 695 – Motion by Suttle that the Plat and Dedication be approved
Seconded by Thompson
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Motion Carried 7-0
(a) Planning Board and Planning Department recommend approval of
the Plat and Dedication of the north 25’ +/- of Lots 1-5, Ridgemoor
(additional right-of-way for State Street) located Southeast of 147th
and State Streets – Outside City – see attached.
# 695 – From Chair on File
23. Plat and Dedication of the north 30’ +/- of Lots 20-29, Shadowbrook Replat Two
(additional right-of-way for State Street) located Southwest of 150th and State
Streets – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE
APPROVED TODAY))
CCID # 696 – Motion by Suttle that the Plat and Dedication be approved
Seconded by Thompson
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Motion Carried 7-0
(a) Planning Board and Planning Department recommend approval of
the Plat and Dedication of the north 30’ +/- of Lots 20-29,
Shadowbrook Replat Two (additional right-of-way for State Street)
located Southwest of 150th and State Streets – Outside City – see
attached
# 696 – From Chair on File
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LIQUOR
24. CLASS “C” – Keystone Properties IV, LLC, dba “Hollywood Diner”, 15526
Spaulding Street. New application, new location. Property posted: 5/12/08.
Notification sent: 5/9/08 – see attached. ((YOU HAVE YOUR HEARING ON
THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A
RESOLUTION EITHER TO GRANT OR DENY))
Chad Willenberg, 15526 Spaulding Street, Keystone Group, appeared and
spoke.
Motion by Gernandt that the Resolution to GRANT be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 690 – ADOPTED 7-0
25. CLASS “I” – Old Market Ventures, LLC, dba “Famous Dave’s”, 12020 Anne
Street. New application, old location. Present licensee is Cutch, Inc., dba
“Austin’s Steakhouse”, 12020 Anne Street – see attached. ((YOU HAVE YOUR
HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO
ADOPT A RESOLUTION EITHER TO GRANT OR DENY))
Greg Cutchall, 7303 North 151st Circle, Bennington, Nebraska, Old Market
Ventures, LLC, appeared and spoke.
Motion by Gernandt that the Resolution to GRANT be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 691 – ADOPTED 7-0
26. Zimmerer, Inc., dba “Grover Inn”, 3505 South 42nd Street, requests permission
for an addition to their present Class “C” Liquor License location to license the
basement area approximately 44’6” x 40’. Property posted: 5/7/08. Notification
sent: 5/9/08 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED
TO APPROVE OR NOT TO APPROVE))
Tom Zimmerer, Owner of Grover Inn, appeared and spoke.
CCID # 692 – Motion by Gernandt that the request be approved
Seconded by Welch
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Motion Carried 7-0
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27. Joslyn Art Museum, dba “Joslyn Art Museum”, 2200 Dodge Street, requests
permission for an addition to their present Class “I/K” Liquor License location to
license the entire facility and grounds, excluding the parking lot area. Property
posted: 5/2/08. Notification sent: 5/9/08 – see attached. ((PUBLIC HEARING
TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE))
CCID # 693 – Motion by Vokal to lay over six (6) weeks to July 1, 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) Legal opinion submitted by Thomas O. Mumgaard, Deputy City
Attorney, re: Application for an addition to the present Class “I/K”
Liquor License Location for Joslyn Art Museum, 2200 Dodge Street
– see attached.
# 693 – Over to 7/1/08
(b) Communication from Frank M. Schepers, Attorney representing
Joslyn Art Museum, 2200 Dodge Street, requesting that their
application for an addition to their present Class “I/K” Liquor
License location be laid over six (6) weeks to July 1, 2008 – see
attached.
# 693 – From Chair on File
28. GMRI, Inc., dba “Olive Garden Italian Restaurant #1586”, 16929 Lakeside Hills
Plaza, requests permission to appoint Brandon Daigre manager of their present
Class “I” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION
NEEDED TO APPROVE OR NOT TO APPROVE))
Brandon Daigre, 7502 North 110th Avenue, General Manager, Olive Garden,
appeared and spoke.
CCID # 694 – 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
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ORDINANCES ON FINAL READING
29. Ord. declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening “I” Street, from 120th Street to 132nd
Street identified as OPW 51274; providing that the City negotiate with the
property owners for land acquisitions, permanent easements and temporary
construction easements; providing that as to each specified parcel which cannot
be obtained by negotiation, condemnation proceedings be undertaken and
completed; and, providing for the effective date hereof – see attached. ((PUBLIC
HEARING HELD 5/13/08 – CAN BE PASSED TODAY))
(See Doc. # 651 – May 6 and May 13 Meetings)
Notice of public hearing on May 13, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
CCID # 651 – Motion by Suttle that the Ordinance be passed
Seconded by Welch
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38111 PASSED 7-0
30. Ord. to amend section 15-41 of the Omaha Municipal Code regulating minors on
premises licensed to sell alcohol and which hold a music venue permit; to amend
the music venue security requirements; to repeal the section as previously
existing; and to provide an effective date hereof – see attached. ((PUBLIC
HEARING HELD 5/13/08 – CAN BE PASSED TODAY
(See Doc. # 652 – May 6 and May 13 Meetings)
Notice of public hearing on May 13, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
CCID # 652 – Motion by Gernandt to lay over 26 weeks to November 18, 2008
Seconded by Sigerson
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Motion Carried 7-0
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31. Ord. to amend Sections 22-63, 22-68, 22-73, 22-75, 22-76, 22-78, 22-79, 22-80,
22-81, 22-82, 22-83, 22-84, 22-87, 22-90 and 22-123 of Chapter 22 of the
Omaha Municipal Code and Sections 23-518 and 23-549 of Chapter 23 of the
Omaha Municipal Code; to add and amend definitions; to specify the method for
calculating interest on refunds; to revise contribution rates to coincide with
current labor contract provisions and to provide historical references; to revise
eligibility requirements for service pensions to coincide with current labor contract
provisions and to provide historical references; to increase benefits provided for
service retirements, disability retirements, widows’ and widowers’ pensions,
children’s pensions, and deferred vested pensions to coincide with current labor
provisions and to provide historical references; to provide a right of subrogation
for amounts paid for service connected disability pensions and medical expenses
related thereto; to revise provisions pertaining to death benefits and refunds of
contributions to coincide with current labor provisions and to provide historical
references; to provide for assignment of pension benefits and refunds of
contributions by domestic relations order; to revise provisions pertaining to
deferred vesting rights to coincide with current labor provisions and to provide
historical references; to revise provisions pertaining to supplemental pensions to
coincide with current labor provisions and to provide historical references; to add
a new section numbered 22-99 to require the City to maintain the qualified status
of the plan; to add a new section numbered 22-100 to provide for early
deferred retirement; to add a new section numbered 22-101 to provide for
adjustment of pension amounts due to overpayments and underpayments; to
incorporate the provision of sections 23-518 and 23-549 in Chapter 23; and to
provide an effective date – see attached. ((PUBLIC HEARING HELD 5/13/08 –
CAN BE PASSED TODAY))
(See Doc. # 653 – May 6 and May 13 Meetings)
Notice of public hearing on May 13, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
CCID # 653 – Motion by Suttle that the Ordinance be passed
Seconded by Welch
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38112 PASSED 7-0
32. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning
employment classifications by adding the employment classification of OCVB
Tourism Assistant and assigning it an hourly pay scale of $15.45 to $19.16; to
repeal Section 23-177 as heretofore existing; and to provide the effective date
hereof – see attached. ((PUBLIC HEARING HELD 5/13/08 – CAN BE PASSED
TODAY))
(See Doc. # 654 – May 6 and May 13 Meetings)
Notice of public hearing on May 13, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
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CCID # 654 – Motion by Suttle that the Ordinance be passed
Seconded by Welch
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38113 PASSED 7-0
33. Ord. to approve an Amendment to the Interlocal Agreement between the City of
Omaha and the County of Douglas entered into on January 27, 2005 for post
arraignment jail detention services to add, as of June 1, 2008, to the services
currently provided the County of Douglas, through its Department of Corrections,
pre-arraignment booking and detention duties and functions of the City of Omaha
resulting in merger of City and County jail services, duties and functions; and to
provide an effective date – see attached. ((PUBLIC HEARING HELD 5/13/08 –
CAN BE PASSED TODAY))
(See Doc. # 655 – May 6 and May 13 Meetings)
Notice of public hearing on May 13, 2008 published in the Daily Record on
May 9, 2008. Ordinance passed May 20, 2008 published in the Daily Record
on May 28, 2008.
CCID # 655 – Motion by Suttle that the Ordinance be passed
Seconded by Welch
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
ORDINANCE # 38114 PASSED 7-0
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD MAY 27, 2008
THE THIRD READING AND PUBLIC HEARINGS ON
AGENDA ITEM NOS. 34 THROUGH 35
SHALL BE HELD ON JUNE 3, 2008”
ZONING ORDINANCE ON SECOND READING
34. Ord. to amend Section 55-826 of the Omaha Municipal Code; to clarify the
prohibition of digital, LED or electronic off-premises signs; to repeal Section
55-826 as heretofore existing; and to provide the effective date thereof – see
attached.
(See Doc. # 687 – May 13 Meeting)
CCID # 687 – ORDINANCE ON SECOND READING – Final reading to be held
June 3, 2008 pursuant to City Council Rule VII H.
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ORDINANCES ON SECOND READING
35. Ord. to amend Section 41-2 of the Omaha Municipal Code dealing with the
adoption, with amendments, of certain air pollution rules and regulations of the
State of Nebraska; to provide for adopting such regulations, including the most
recent amendments thereto of February 16, 2008, and accepting there from
certain prior changes dealing with definitions, enforcement, certain deletions, to
repeal section 41-2 of the Omaha Municipal code as heretofore existing and to
provide for the effective date hereof – see attached.
(See Doc. # 673 – May 13 meeting)
CCID # 673 – ORDINANCE ON SECOND READING – Final reading to be held
June 3, 2008 pursuant to City Council Rule VII H.
* * * * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD MAY 27, 2008
THE THIRD READING ON AGENDA ITEM NO. 36
SHALL BE HELD ON JUNE 3, 2008”
((THE PUBLIC HEARING ON THIS ITEM IS TODAY))
36. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning
employment classifications by adding the employment classification entitled
Management Analyst with a salary range of 18.1 MC ($54,921 to $66,223); to
repeal Section 23-177 as heretofore existing; and to provide the effective date
hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 680 – May 13 Meeting)
CCID # 680 – Public hearing was held today – Final reading to be set for June 3,
2008 pursuant to City Council Rule VII H.
* * * * * * * * * * * * * * *
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SPECIAL USE PERMIT – CONVENIENCE STORAGE
37. Res. that the Special Use Permit application submitted by Troy Podraza for
permission to allow Convenience Storage in the CC-Community Commercial
District located at 11020 Emmet Street, Omaha, Nebraska, is hereby approved
and the Permits and Inspection Division is directed to issue the necessary permit
therefor, provided the conditions set out in Exhibit "A" of the above referenced
application, conditions set out in Exhibit "B", and all applicable local or state
statutes, ordinances or regulations are complied with. That the proposed Special
Use Permit has been reviewed and evaluated pursuant to, and meets each of,
the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from
5/6/08 for publication and Public Hearing – had publication - see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 609 – May 6 Meeting)
Troy Podraza, Applicant, appeared and spoke.
Motion by Suttle that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 609 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Troy Podraza for a Special Use Permit to allow
Convenience Storage in the CC-Community Commercial District
located at 11020 Emmet Street – over from 5/6/08 - see attached.
(See Doc. # 609 – May 6 Meeting)
# 609 – From Chair on File
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SPECIAL USE PERMIT – DAY CARE (GENERAL)
38. Res. that the Special Use Permit application submitted by Monique Cooper for
permission to allow a Day Care (General) in the R4(35)-Single Family Residential
District (High Density), located at 3020 Huntington Avenue, Omaha, Nebraska, is
hereby approved and the Permits and Inspection Division is directed to issue the
necessary permit therefor, provided the conditions set out in Exhibit “A” of the
above referenced application, conditions set out in Exhibit “B”, and all applicable
local or state statutes, ordinances or regulations are complied with. That the
proposed Special Use Permit has been reviewed and evaluated pursuant to, and
meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal
Code – over from 5/6/08 for publication and Public Hearing – had publication -
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 610 – May 6 Meeting)
Motion by Suttle that the Resolution be adopted
Seconded by Vokal
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 610 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Monique Cooper for a Special Use Permit to allow a
Day Care (General) in the R4(35)-Single Family Residential District
(High Density), located at 3020 Huntington Avenue – over from
5/6/08 - see attached.
(See Doc. # 610 – May 6 Meeting)
# 610 – From Chair on File
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SPECIAL USE PERMIT – INDOOR SPORTS AND RECREATION
39. Res. that the application submitted by Omaha Sports Academy for a major
amendment to a Special Use Permit to allow Indoor Sports and Recreation in the
LI-Limited Industrial District, located at 11720 Stonegate Circle, portions of which
property lie within the flood fringe and floodway, 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 – over from 5/6/08 for publication and Public Hearing – had publication -
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 620 – May 6 Meeting)
Motion by Sigerson that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 620 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Omaha Sports Academy for a Major Amendment to a
Special Use Permit to allow Indoor Sports and Recreation in the LI-
Limited Industrial District located at 11720 Stonegate Circle,
portions of which property lie within the flood fringe and floodway –
over from 5/6/08 - see attached.
(See Doc. # 620 – May 6 Meeting)
# 620 – From Chair on File
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SPECIAL USE PERMIT – PERSONAL SERVICES
40. Res. that the Special Use Permit application submitted by Slosburg Company for
permission to allow Personal Services in the R7-PUD-Multiple-Family Medium-
Density Residential District Planned Unit Development, located at 1902 Papillion
Parkway, Omaha, Nebraska, is hereby approved and the Permits and Inspection
Division is directed to issue the necessary permit therefor, provided the
conditions set out in Exhibit "A" of the above referenced application, conditions
set out in Exhibit "B", and all applicable local or state statutes, ordinances or
regulations are complied with. That the proposed Special Use Permit has been
reviewed and evaluated pursuant to, and meets each of, the criteria set forth in
Section 55-885 of the Omaha Municipal Code – over from 5/6/08 for publication
and Public Hearing – had publication - see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 619 – May 6 Meeting)
J. D. Burke, 10040 Regency Circle, Slosburg Company, appeared and spoke.
Motion by Gernandt that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 619 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the request of Slosburg Company for a Special Use Permit to allow
Personal Services in the R7-PUD District located at 1902 Papillion
Parkway – over from 5/6/08 - see attached.
(See Doc. # 619 – May 6 Meeting)
# 619 – From Chair on File
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“PURSUANT TO CITY COUNCIL RULE VII E
AGENDA ITEM NOS. 41 THROUGH 42
SHALL BE LAID OVER TWO WEEKS
FOR PUBLICATION AND PUBLIC HEARING”
SPECIAL USE PERMIT – AUTOMOTIVE RENTAL
41. Res. that the Special Use Permit application submitted by Easy Car Rental Co.
d/b/a Budget Car & Truck Rental of Nebraska for a Special Use Permit to allow
Automotive Rental in the CC-Community Commercial District, located at 12670
“Q” 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 June 3, 2008 published in the Daily Record on
May 23, 2008.
CCID # 697 – Over two (2) weeks to June 3, 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 Easy Car Rental Co. d/b/a Budget Car & Truck
Rental of Nebraska for a Special Use Permit to allow Automotive
Rental in the CC-Community Commercial District, located at 12670
“Q” Street – see attached.
# 697 – Over to 6/3/08
SALVAGE DEALER BUSINESS
42. Res. that the application of DBA Cooter Enterprises, Inc. to establish a Salvage
Dealer Business at 1613 North 11th Street, Omaha, Nebraska, be and hereby is
approved and the Permits and Inspection Division is directed to issue the
necessary permit therefore, contingent upon continued compliance with all
requirements made and provided by law – see attached.
Notice of public hearing on June 3, 2008 published in the Daily Record on
May 23, 2008.
CCID # 710 – Over two (2) weeks to June 3, 2008 for publication and public
hearing pursuant to City Council Rule VII E.
* * * * * * * * * * * * *
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RESOLUTIONS
43. Res. that, as recommended by the Mayor, the contract with Navarro Enterprise
Construction, Inc. for OPW 51307, being 118th Street and Camden Avenue and
118th Street and Grand Avenue Intersection Rehabilitation and 120th Street and
Fort Street Median Improvements, in the amount of $162,516.25 is hereby
approved; and that the Finance Department is authorized to pay this cost from
the 2006 Transportation Fund 13182, 2006 Issue Transportation Bond
Organization 117111, 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: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 699 – ADOPTED 7-0
44. Res. that the speed limits be changed and/or established as follows: Pacific
Street from 120th Street to 17000 West – 45 mph – see attached. ((PUBLIC
HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 700 – ADOPTED 7-0
45. Res. that the attached Agreement between the City of Omaha and the Omaha
Community Foundation, to hire a consultant to prepare a Wintergreen Area Plan
for the Wintergreen Area, generally bounded by Whitmore Street and Forest
Lawn Cemetery on the north, 42nd Street on the east, Redick Avenue on the
south and 51st Street on the west, is hereby approved. The project account is the
2008 Capital Improvement Fund No. 13112 – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
James Thele, Planning Department, appeared and spoke.
Motion by Brown that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 701 – ADOPTED 7-0
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46. Res. that, as recommended by the Mayor, the attached Professional Services
Agreement with RDG Planning and Design for professional services for the
preparation of the Wintergreen Area Plan for the Wintergreen Area, generally
bounded by Whitmore Street and Forest Lawn Cemetery on the north, 42nd
Street on the east, Redick Avenue on the south and 51st Street on the west; and,
is hereby approved and the Finance Department is authorized to pay the amount
of $110,000 which will be paid from the 2008 Capital Improvement Fund No.
13112 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
Motion by Brown that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 702 – ADOPTED 7-0
47. Res. that the contract with Anderson Excavating for OPW 51499 Pinnacle Foods
Building Demolition and Parking Lot project at 1002 Capitol Avenue, as
recommended by the Mayor, in the amount of $3,426,390.00 is hereby approved;
that, the Finance Department is authorized to pay the cost in the amount of
$3,426,390.00 to Anderson Excavating from Fund No. 13448, Downtown
Development Fund, Organization No. 131601, Pinnacle Site – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mike McIntosh, 14710 West Dodge Road, Lamp Rynearson
Protestants: Lawrence Shackman, 6515 Stones Throw Drive
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 711 – ADOPTED 7-0
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48. Res. that, as recommended by the Mayor, the bid in the total amount of
$47,133.00 from Midwest Turf & Irrigation for Toro irrigation parts to repair the
irrigation system at Johnny Goodman Golf Course 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. Funds in this amount shall be paid from Golf Operations
Fund No. 21114 and Organization No. 115463, Golf Operations Capital – see
attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Vokal that the Resolution be adopted
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 703 – ADOPTED 7-0
49. Res. that the Omaha City Council hereby authorizes the execution of
Amendment Two to the Oracle License Agreement between the City of
Omaha/Douglas County and Oracle USA, Inc., in the total sum of $183,000.01,
the City of Omaha’s 50% share being $91,500.00; and, the City’s share of the
same shall be paid from the Contingent Liability Fund No. 12112, Organization
No. 122101, Account No. 46113 – see attached. ((PUBLIC HEARING TODAY –
CAN BE ADOPTED TODAY)).
Paul Kratz, City Attorney, appeared and spoke.
CCID # 719 – Motion by Brown that the Resolution be laid over two (2) weeks to
June 3, 2008
Seconded by Welch
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Motion Carried 7-0
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50. Res. that, as recommended by the Mayor, the expenditure of up to $307,987.20
for the costs of renovation and expansion of the first floor of the Omaha
Convention and Visitors Bureau space at 1001 Farnam-on-the-Mall, for an
expanded Omaha Visitor Information Center, being performed by the landlord,
Triple M Investments, Ltd. and its contractor, Lueder Construction, is hereby
approved, and that, the Finance Director is authorized to pay such Omaha Visitor
Information Center renovation and expansion costs from Fiscal Year 2008, Fund
No. 21109, Organization No. 115912, Account No. 42415 – see attached.
((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Sigerson that the Resolution be adopted
Seconded by Thompson
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 717 – ADOPTED 7-0
51. Res. that the City of Omaha hereby expresses its support for an economic
feasibility study of the Gateway Commerce Portal as requested by the
Pottawattamie County Board of Supervisors with the understanding that funds
necessary to pay for Nebraska’s portion of the economic feasibility study will
come solely from Nebraska foundations, industrial promotion organizations, and
other non-Nebraska government sources – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Mark Norman, Vice President, Economic Development,
Council Bluffs Chamber of Commerce
R. J. Brown, 1501 Avenue “O”, Carter Lake, Iowa
Motion by Suttle that the Resolution be adopted
Seconded by Gernandt
ROLL CALL:
Yeas: Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Nays: Brown
Res. # 718 – ADOPTED 6-1
52. Res. that the appointment by Mayor Mike Fahey of Stuart A. Chittenden as a
member of the Library Board is hereby confirmed. Such term shall commence
July 1, 2008 and expire June 30, 2011 – see attached. ((PUBLIC HEARING
TODAY – CAN BE ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 704 – ADOPTED 7-0
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53. Res. that the reappointment by Mayor Mike Fahey of Kevin P. Thompson as a
member of the Library Board, said term commencing July 1, 2008 and expire
June 30, 2011, is hereby confirmed – see attached. ((PUBLIC HEARING TODAY
– CAN BE ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 705 – ADOPTED 7-0
54. Res. that the reappointment by Mayor Mike Fahey of Ernest J. White as a
member of the Library Board, said term commencing July 1, 2008 and expiring
June 30, 2011, is hereby confirmed – see attached. ((PUBLIC HEARING TODAY
– CAN BE ADOPTED TODAY))
Motion by Gernandt that the Resolution be adopted
Seconded by Welch
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Res. # 706 – ADOPTED 7-0
“PURSUANT TO CITY COUNCIL RULE VII F
AGENDA ITEM NO. 55 SHALL BE LAID OVER
THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING”
55. Res. that the Downtown Omaha Stadium Project Plan, prepared by the Omaha
City Planning Department, under Section 18-2147 through 18-2150, Revised
Statutes of Nebraska, be and hereby is approved as the Redevelopment Plan for
Downtown Omaha Stadium Project bounded by 10th Street on the east, 14th
Street on the west, Cuming Street on the north, and Webster Street on the south,
including all adjacent and abutting public rights-of-way, as well as the available
parking beneath the I-480 ramp – see attached.
Notice of public hearing on June 10, 2008 published in the Daily Record
and Omaha World Herald on May 22 and May 29, 2008.
CCID # 707 – Over three (3) weeks to June 10, 2008 for publication and public
hearing pursuant to City Council Rule VII F.
* * * * * * * * * * * * *
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“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD MAY 27, 2008,
THE SECOND READING AND PUBLIC HEARINGS
ON AGENDA ITEM NOS. 56 THROUGH 62
SHALL BE HELD ON JUNE 3, 2008”
ORDINANCES ON FIRST READING
56. Ord. approving the Tax Increment Financing (TIF) Redevelopment Loan
Agreement with Clarinda Condos LLC, a Nebraska Limited Liability Company,
2315 Harney Street, #105, Omaha, Nebraska, 68105, to provide $320,000.00 in
Tax Increment Financing to finance the rehabilitation and conversion of the three
Clarinda Page apartment buildings into 21 condominium units at 3027 Farnam
Street, 305 Turner Boulevard, and 311 Turner Boulevard, and providing for an
effective date – see attached.
CCID # 709 – Publication to be made and public hearing to be held on June 3,
2008 pursuant to City Council Rule VII H.
57. rd. to approve the Sixth Amendment to Agreement and Lease Regarding Omaha
Convention Center/Arena between the City of Omaha (the “City”) and the
Metropolitan Entertainment & Convention Authority (“MECA”) to construct and
operate a new City baseball stadium to be located between 10th and 13th
Streets between Cuming and Webster Streets; to authorize the Mayor to execute
such Sixth Amendment to Agreement and Lease; to provide funding; and to
provide for the effective date hereof – see attached.
CCID # 716 – Publication to be made and public hearing to be held on June 3,
2008 pursuant to City Council Rule VII H.
58. Ord. to approve the execution of a Development Agreement among the City of
Omaha, and Metropolitan Entertainment & Convention Authority, and Donors’
Trust for the receipt of private donations and the utilization of lease purchase
bonds to construct a new City of Omaha baseball stadium between 10th and
13th Streets and Cuming and Webster Streets; and to provide the effective date
hereof – see attached.
CCID # 712 – Publication to be made and public hearing to be held on June 3,
2008 pursuant to City Council Rule VII H.
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59. Ord. to approve the Lease Agreement among the City of Omaha, Metropolitan
Entertainment & Convention Authority, and the College World Series of Omaha,
Inc., for the lease of the new City of Omaha baseball stadium to host the National
Collegiate Athletic Association’s Men’s College World Series from 2011 through
2036; to authorize the Mayor to execute such Lease Agreement; and to provide
the effective date hereof – see attached.
CCID # 715 – Publication to be made and public hearing to be held on June 3,
2008 pursuant to City Council Rule VII H.
60. Ord. to amend Section 19-34 of the Omaha Municipal Code to increase the
occupation tax on rental car businesses from $6.00 to $8.00 for each vehicle
rental contract made within the city beginning July 1, 2008; to specify that a
portion of each such occupation tax collected shall be used for debt service,
capital expenditures or operating expenses for the new stadium to be
constructed at a location between 10th and 13th Streets and Cuming and Webster
Streets; and to provide an effective date of July 1, 2008 – see attached.
CCID # 713 – Publication to be made and public hearing to be held on June 3,
2008 pursuant to City Council Rule VII H.
61. Ord. to amend Sections 19-700 and 19-706 of the Omaha Municipal Code to
increase the transient rental guest tax, beginning July 1, 2008, from four percent
to five and one-half percent of the total consideration charged for occupancy of
any space furnished by a hotel; to require that one percent of such five and one-
half percent collected shall be used for debt service, capital expenditures or
operating expenses for the new stadium to be constructed at a location between
10th and 13th Streets and Cuming and Webster Streets; to require that one-half
percent of such five and one-half percent collected shall be used by the Omaha
Convention and Visitors Bureau for enhanced promotional efforts to increase
convention and tourism in the Omaha area; and to provide an effective date of
July 1, 2008 – see attached.
CCID # 714 – Publication to be made and public hearing to be held on June 3,
2008 pursuant to City Council Rule VII H.
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62. Ord. to amend Sections 35-26, 35-27, 35-28, 35-29, 35-30 and 35-31 of the
Omaha Municipal Code; to provide a user fee on single admission tickets,
season tickets, ticket books and group promotional tickets for events to be held
at a new stadium to be constructed at a location between 10th and 13th Streets
between Cuming and Webster Streets; to provide an exception; to expand the
facilities upon which the funds generated by such user fee can be expended to
include such new stadium and broaden the uses on which such funds are
expended; to provide that the fees collected may be paid to the city’s designee;
and to provide an effective date of January 1, 2010 – see attached.
CCID # 708 – Publication to be made and public hearing to be held on June 3,
2008 pursuant to City Council Rule VII H.
* * * * * * * * * * * * *
ADDITIONAL LIQUOR
63. Gateway Lanes, Inc., dba “Gateway Lanes”, 3203 North 204th Street, requests
permission for a Special Designated License for a beer garden and dance on
June 20-21, 2008 from 6:00 p.m. to 12:00 midnight. Music will end at 12:00
midnight – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO
APPROVE OR NOT TO APPROVE))
Don Pistillo, 12127 Pacific Street, Attorney on behalf of the applicant, appeared
and spoke.
CCID # 720 – Motion by Gernandt that the request be approved
Seconded by Suttle
ROLL CALL:
Yeas: Brown, Gernandt, Sigerson, Suttle, Thompson, Vokal, Mr. President
Motion Carried 7-0
EXECUTIVE SESSION
64. Motion to go into Executive Session for the purpose of discussing labor
negotiations, personnel matters and litigation.
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.
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: 2:41 P.M.
I, SANDRA L. MOSES, DEPUTY CITY CLERK OF THE CITY OF OMAHA, do hereby
certify that the foregoing is a true and correct copy of the proceedings of the Meeting of
the City Council of the City of Omaha held on May 20, 2008.
WITNESS:
________________________________ _________________________________
DEPUTY CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR MIKE
FAHEY ON THE 23RD DAY OF MAY, 2008.
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