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2008-06-10j18TH REGULAR OMAHA CITY COUNCIL MEETING JUNE 10, 2008 THE CITY COUNCIL met in Regular Session on Tuesday, June 10, 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 # 770 – Present: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Jim Vokal of District No. 3. 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 June 6, 2008, notice re: Pre-Council and Regular City Council Meetings, June 10, 2008. CCID # 771 – 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. “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 5 THROUGH 6 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” RESOLUTIONS RE: PRELIMINARY PLAT, PLATS AND SUBDIVISION AGREEMENT 5. Res. that the preliminary plat entitled THE WILDS located West of approximately 48th Street and Mormon Bridge Road with waivers of Section 53-8(2)(b), Maximum cul-de-sac length and Section 53-9(9), Sidewalks, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City - see attached. Notice of public hearing on June 24, 2008 published in the Daily Record on June 13, 2008. CCID # 780 – Over two (2) weeks to June 24, 2008 for publication and public hearing pursuant to CC Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of THE WILDS located West of approximately 48th Street and Mormon Bridge Road – Inside City - see attached. # 780 – Over to 6/24/08 6. Res. that the replat transmitted herewith entitled SKYLINE MANOR, located at 7300 Graceland Drive, is hereby approved, and concurrently a portion of the existing plat entitled Benson Acres, and described on said replat, is hereby vacated – Inside City - see attached. Notice of public hearing on June 24, 2008 published in the Daily Record on June 13, 2008. CCID # 796 – Over two (2) weeks to June 24, 2008 for publication and public hearing pursuant to CC Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat for SKYLINE MANOR located at 7300 Graceland Drive – Inside City - see attached. # 796 – Over to 6/24/08 * * * * * * * * * * * * * * - 2 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 7 THROUGH 8 SHALL BE LAID OVER TWO WEEKS” 7. Res. that the Subdivision Agreement between the City of Omaha and Skyline Manor, 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 Skyline Manor (Lot 1) and is located at 7300 Graceland Drive – see attached. CCID # 797 – Over two (2) weeks to 6/24/08 pursuant to City Council Rule VII E. 8. Res. that the replat transmitted herewith entitled BRIAR SQUARE located Southwest of 168th and Blondo Streets, is hereby approved, and concurrently a portion of the existing plats entitled Briar Hills and Briar Hills Replat 3, and described on said replat, are hereby vacated – Outside City – see attached. CCID # 801 – Over two (2) weeks to 6/24/08 pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of BRIAR SQUARE located Southwest of 168th and Blondo Streets – Outside City - see attached. # 801 – Over to 6/24/08 * * * * * * * * * * * * * * PLAT AND DEDICATIONS 9. Plat and Dedication of an irregular 15 square foot piece of land located Northeast of Read Street and Wenninghoff Road (Part of Lot 106, Somerset) – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) CCID # 782 – Motion by Suttle that the Plat and Dedication be approved Seconded by Welch ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 - 3 - (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of an irregular 15 square foot piece of land located Northeast of Read Street and Wenninghoff Road (Part of Lot 106, Somerset) – Outside City – see attached. # 782 – From Chair on File 10. Plat and Dedication of an irregular 21 square foot piece of land located Southeast of Read Street and Wenninghoff Road (Part of Lot 1, Somerset) – Outside City – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) CCID # 783 – Motion by Suttle that the Plat and Dedication be approved Seconded by Welch ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of an irregular 21 square foot piece of land located Southeast of Read Street and Wenninghoff Road (Part of Lot 1, Somerset) – Outside City – see attached. # 783 – From Chair on File LIQUOR 11. Shelterbelt Theatre, dba “Shelterbelt Theatre”, 3225 California Street, requests permission to appoint Deborah Zadina manager of their present Class “I” Liquor License – over from 6/3/08 and continue the public hearing - see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE APPROVED TODAY)) (See Doc. # 728 – June 3 Meeting) CCID # 728 – Motion by Vokal that the request be approved Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 - 4 - 12. CLASS “C” – Leonard, Sheryl & Fabian, Dave, dba “Jerry’s Bar”, 6301-03 Military Avenue. New application, old location. ADDING A PARTNER – Leonard, Sheryl, presently licensed as Fabian, David J., dba “Jerry’s Bar” – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Sheryl Leonard, 8443 Craig Avenue, appeared and spoke. Motion by Suttle that the Resolution to GRANT be adopted Seconded by Vokal ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Res. # 772 – ADOPTED 7-0 13. OFF SALE BEER – GGroup, Inc., 5215 North 16th Street. New application, old location. Presently licensed to D & J Distributing, Inc., dba “D & J Mini Mart”, 5215 North 16th Street – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Saroj Gangahan, 1515 North 16th Street, appeared and spoke. Motion by Brown that the Resolution to GRANT be adopted Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Res. # 773 – ADOPTED 7-0 14. OMF, LLC, dba “Old Mattress Factory Bar & Grill”, 501 North 13th Street, requests permission for a Special Designated License for a beer garden on June 20-22, 2008, from 11:00 a.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)) Mark Enenbach, 1601 Dodge Street, Attorney for the applicant, appeared and spoke. CCID # 774 – Motion by Suttle that the request be approved Seconded by Brown ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 - 5 - 15. Chrysler Café, Inc., dba “Olympic Lounge/Whiskey Tango”, 1419 Farnam Street, requests permission for a Special Designated License for a Reception, Fund Raiser and Festival in the parking lot, 319 South 15th Street, on July 12, 2008 from 1:00 p.m. to 11:00 p.m. – see attached. Bill Petrihos, 1419 Farnam Street, appeared and spoke. CCID # 776 – Motion by Vokal that the request be approved Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 (a) Chrysler Café, Inc., dba “Olympic Lounge/Whiskey Tango”, 1419 Farnam Street, requests permission for a Special Designated License for a Reception, Fund Raiser and Festival in the parking lot, 319 South 15th Street, on September 6, 2008 from 1:00 p.m. to 11:00 p.m. – see attached. Bill Petrihos, 1419 Farnam Street, appeared and spoke. CCID # 777 – Motion by Vokal that the request be approved Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 (b) Chrysler Café, Inc., dba “Olympic Lounge/Whiskey Tango”, 1419 Farnam Street, requests permission for a Special Designated License for a reception, Fund Raiser and Festival in the parking lot, 319 South 15th Street, on September 20, 2008 from 1:00 p.m. to 11:00 p.m. – see attached. Bill Petrihos, 1419 Farnam Street, appeared and spoke. CCID # 778 – Motion by Vokal that the request be approved Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 - 6 - (c) Chrysler Café, Inc., dba “Olympic Lounge/Whiskey Tango”, 1419 Farnam Street, requests permission for a Special Designated License for a Festival at Lewis and Clark Landing, 375 Riverfront Drive, on August 22-23, 2008 from 11:00 a.m. to 11:00 p.m. and August 24, 2008 from 12:00 noon to 11:00 p.m. – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Bill Petrihos, 1419 Farnam Street, appeared and spoke. CCID # 775 – Motion by Vokal that the request be approved Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 ORDINANCES ON FINAL READING 16. 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. ((PUBLIC HEARING HELD 6/3/08 – CAN BE PASSED TODAY)) (See Doc. # 709 – May 20 and June 3 Meetings) Notice of public hearing on June 3, 2008 published in the Daily Record on May 23, 2008. Ordinance passed June 10, 2008 published in the Daily Record on June 18, 2008. CCID #709 – Motion by Vokal that the Ordinance be passed Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President ORDINANCE # 38118 PASSED 7-0 - 7 - 17. 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 – over from 5/20/08 for publication and Public Hearing – had publication - see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 707 – May 20 Meeting) Motion by Suttle that the Resolution be adopted Seconded by Sigerson ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Nays: Gernandt Res. #707 – ADOPTED 6-1 (a) Commentary on the Stadium Documents submitted by Councilmember James Suttle – see attached. # 707 – From Chair on File 18. Res. that, it is the intention of the City of Omaha to enter into a definitive agreement with the Omaha Zoological Society to implement the terms and conditions set forth in the attached Memorandum of Understanding between the City of Omaha and the Omaha Zoological Society for the purchase, for at least the appraised fair market value, of approximately 35 acres upon which Omaha’s Johnny Rosenblatt Stadium currently is situated – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Suttle that the Resolution be adopted Seconded by Sigerson ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Nays: Gernandt Res. #789 – ADOPTED 6-1 - 8 - 19. 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. ((PUBLIC HEARING HELD 6/3/08 – CAN BE PASSED TODAY)) (See Doc. # 714 – May 20 and June 3 Meetings) Notice of public hearing on June 3, 2008 published in the Daily Record on May 23, 2008. Ordinance passed June 10, 2008 published in the Daily Record on June 18, 2008. CCID # 714 – Ordinance read. (a) Amendment of the Whole requested by the Finance Department – over from 6/3/08 - see attached. (See Doc. # 714 – June 3 Meeting) CCID # 714 – Motion by Vokal that the Amendment of the Whole be PASSED AS AMENDED Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Nays: Gernandt ORDINANCE # 38119 PASSED AS AMENDED 6-1 20. 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. ((PUBLIC HEARING HELD 6/3/08 – CAN BE PASSED TODAY)) (See Doc. # 713 – May 20 and June 3 Meetings) Notice of public hearing on June 3, 2008 published in the Daily Record on May 23, 2008. Ordinance passed June 10, 2008 published in the Daily Record on June 18, 2008. - 9 - CCID # 713 – Motion by Suttle that the Ordinance be passed Seconded by Vokal ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Nays: Gernandt ORDINANCE # 38120 PASSED 6-1 21. 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. ((PUBLIC HEARING HELD 6/3/08 – CAN BE PASSED TODAY)) (See Doc. # 708 – May 20 and June 3 Meetings) Notice of public hearing on June 3, 2008 published in the Daily Record on May 23, 2008. Ordinance passed June 10, 2008 published in the Daily Record on June 18, 2008. Paul Kratz, City Attorney, appeared and spoke. CCID # 708 – Motion by Suttle that the Ordinance be passed Seconded by Vokal ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Nays: Gernandt ORDINANCE # 38121 PASSED 6-1 22. 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. ((PUBLIC HEARING HELD 6/3/08 – CAN BE PASSED TODAY)) (See Doc. # 712 – May 20 and June 3 Meetings) Notice of public hearing on June 3, 2008 published in the Daily Record on May 23, 2008. Ordinance passed June 10, 2008 published in the Daily Record on June 18, 2008. Roger Dixon, 555 North 10th Street, MECA, appeared and spoke. - 10 - CCID # 712 – Ordinance read. (a) Amendment of the Whole requested by the Law Department – see attached. CCID # 712 – Motion by Vokal that the Amendment of the Whole be PASSED AS AMENDED Seconded by Welch ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Nays: Gernandt ORDINANCE # 38122 PASSED AS AMENDED 6-1 23. 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. ((PUBLIC HEARING HELD 6/3/08 – CAN BE PASSED TODAY)) (See Doc. # 715 – May 20 and June 3 Meetings) Notice of public hearing on June 3, 2008 published in the Daily Record on May 23, 2008. Ordinance passed June 10, 2008 published in the Daily Record on June 18, 2008. CCID # 715 – Ordinance read. (a) Amendment of the Whole requested by the Law Department – see attached. CCID # 715 – Motion by Suttle that the Amendment of the Whole be PASSED AS AMENDED Seconded by Brown ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Nays: Gernandt ORDINANCE # 38123 PASSED AS AMENDED 6-1 - 11 - 24. Ord. 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. ((PUBLIC HEARING HELD 6/3/08 – CAN BE PASSED TODAY)) (See Doc. # 716 – May 20 and June 3 Meetings) Notice of public hearing on June 3, 2008 published in the Daily Record on May 23, 2008. Ordinance passed June 10, 2008 published in the Daily Record on June 18, 2008. CCID # 716 – Ordinance read. (a) Communication from James A. “Jim” Monaghan re: Ordinance approving the sixth Amendment to Agreement and Lease regarding Omaha Convention Center/Arena with MECA to construct and operate a new City baseball stadium located between 10th and 13th Streets between Cuming and Webster Streets – over from 6/3/08 - see attached (See Doc. # 716 – June 3 Meeting) # 716 – From Chair on File (b) Amendment of the Whole requested by the Law Department – see attached. CCID # 716 – Motion by Suttle that the Amendment of the Whole be PASSED AS AMENDED Seconded by Welch ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Mr. President Nays: Gernandt ORDINANCE # 38124 PASSED AS AMENDED 6-1 - 12 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 25 THROUGH 36 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 25. Ord. to approve an amendment to the Future Land Use Element of the Master Plan for the City of Omaha, changing the future land use designation from low- density residential to office and commercial within a mixed-use area, to include property located within the area generally bounded by 24th Street on the west; “Q” Street on the north; “S” Street on the south; and the north/south alley located between “Q”, “S”, 23rd and 24th Streets on the east; and to provide for the effective date hereof – see attached. (See Doc. # 749 – June 3 Meeting) CCID # 749 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. 26. Ord. to rezone property located at 5247-51 South 24th Street from GI-General Industrial District to NBD-ACI-2(50)-Neighborhood Business District – Area of Civic Importance Overlay District. (See Doc. # 750 – June 3 Meeting) CCID # 750 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. 27. Ord. to rezone property located at 3607 Jackson Street from R6-Multiple-Family Low-Density Residential District to R2-Single-Family Residential District (Low Density). (See Doc. # 751 – June 3 Meeting) CCID # 751 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. 28. Ord. to rezone property located at 7001 Oak Street from GO-General Office District to R7-Medium Density Multiple Family Residential District. (See Doc. # 752 – June 3 Meeting) CCID # 752 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. - 13 - 29. Ord. to rezone property located at 9515 West Center Road from DR- Development Reserve District to R6-Low Density Multiple Family Residential District. (See Doc. # 753 – June 3 Meeting) CCID # 753 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. 30. Ord. to approve a Planned Unit Development Overlay District for property located at 9515 West Center Road, to approve the Development Plan, and to provide for an effective date – see attached. (See Doc. # 754 – June 3 Meeting) CCID # 754 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. 31. Ord. to rezone property located at 13711 Corby Street from R3-Single-Family Residential District (Medium-Density) to R4-Single-Family Residential District (High-Density). (See Doc. # 755 – June 3 Meeting) CCID # 755 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. 32. Ord. to rezone property located Southwest of Wenninghoff Road and I-680 from DR-Development Reserve District to R4-Single Family Residential District (High Density), portions of which property lie within the floodway. (See Doc. # 756 – June 3 Meeting) CCID # 756 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. 33. Ord. to rezone property located Northwest of 144th Street and Gilder Avenue from AG-Agricultural District to R4-Single Family Residential District (High Density). (See Doc. # 759 – June 3 Meeting) CCID # 759 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. - 14 - 34. Ord. to rezone property located Southwest of 147th and State Streets from AG-Agricultural District to R4-Single Family Residential District (High Density). (See Doc. # 762 – June 3 Meeting) CCID # 762 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. 35. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for property located at 17672 Welch Plaza between the City of Omaha and Darrin Loftus, providing site development standards; and to provide for an effective date – see attached. (See Doc. # 765 – June 3 Meeting) CCID # 765 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. 36. Ord. to approve a Major Amendment to a Mixed Use Development Agreement for property located Northeast of 192nd and Pacific Streets between the City of Omaha and Western Springs Land Corp., providing site development standards; and to provide for an effective date – see attached. (See Doc. # 766 – June 3 Meeting) CCID # 766 – ORDINANCE ON SECOND READING – Final reading to be held June 17, 2008 as per City Charter requirements. * * * * * * * * * * * * * - 15 - ORDINANCES ON SECOND READING 37. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant and improved properties located within the boundaries of the North 16th Street Area Redevelopment Plan, an area generally defined by Lake Street and Cady Avenue on the North, 14th and 15th Streets on the East, Grace Street on the South, and the alley right-of-way between 18th Street and Florence Boulevard on the West, for acquisition, relocation as appropriate, demolition of structures, preparation of sites, and subsequent use as sites for implementing the North 16th Street Area 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 TODAY)) (See Doc. # 767 – June 3 Meeting) CCID # 767 – Public hearing was hled today – Final reading set for June 17, 2008 as per City Charter requirements. 38. Special Ordinance levying a Special Tax and Assessment on certain lots, parts of lots, and pieces of real estate in the City of Omaha to cover the cost of clearing snow from sidewalks in District No. SWSR 2007-1 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 768 – June 3 Meeting) CCID # 768 - Public hearing was held today – Final reading set for June 17, 2008 as per City Charter requirements. (a) Amendment requested by the Public Works Department – see attached. # 768 – Over to 6/17/08 - 16 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 39 THROUGH 42 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – AUTOMOTIVE SALES 39. Res. that the Special Use Permit application submitted by Pawn Plus for permission to allow Auto Sales in a GC-General Commercial District, located at 5717 North 90th 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 24, 2008 published in the Daily Record on June 13, 2008. CCID # 784 – Over two (2) weeks to June 24, 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 Pawn Plus for a Special Use Permit to allow Automotive Sales in a GC-General Commercial District located at 5717 North 90th Street – see attached. # 784 – Over to 6/24/08 - 17 - SPECIAL USE PERMIT – BROADCAST TOWER 40. Res. that the Special Use Permit application submitted by U.S. Cellular c/o Michelle Roth for permission to allow a Broadcast Tower in a R7-Medium Density Multiple Family Residential District, located at 7575 Crown Point 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 – see attached. Notice of public hearing on June 24, 2008 published in the Daily Record on June 13, 2008. CCID # 785 – Over two (2) weeks to June 24, 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 U.S. Cellular c/o Michelle Roth for a Special Use Permit to allow a Broadcast Tower in a R7-Medium Density Multiple Family Residential District located at 7575 Crown Point Avenue – see attached. # 785 – Over to 6/24/08 - 18 - SPECIAL USE PERMIT – INDOOR SPORTS AND RECREATION 41. Res. that the Special Use Permit application submitted by Derek Petit for permission to allow Indoor Sports and Recreation in a GI-General Industrial District, located at 11005 “E” Circle, 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 24, 2008 published in the Daily Record on June 13, 2008. CCID # 786 – Over two (2) weeks to June 24, 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 Derek Petit for a Special Use Permit to allow Indoor Sports and Recreation in the GI-General Industrial District located at 11005 “E” Circle – see attached. # 786 – Over to 6/24/08 SPECIAL USE PERMIT – DEVELOPMENT IN THE ED-NORTH HILLS ENVIRONMENTAL OVERLAY DISTRICT 42. Res. that the Special Use Permit application submitted by Mormon Road Housing, LLC for permission to allow development in the ED-North Hills Environmental Overlay District, located West of approximately 48th Street and Mormon Bridge Road, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. Notice of public hearing on June 24, 2008 published in the Daily Record on June 13, 2008. CCID # 781 – Over two (2) weeks to June 24, 2008 for publication and public hearing pursuant to City Council Rule VII E. - 19 - (a) Planning Board and Planning Department recommend approval of the request of Mormon Road Housing, LLC for a Special Use Permit to allow development in the ED-North Hills Environmental Overlay District located West of approximately 48th Street and Mormon Bridge Road – see attached. # 781 – Over to 6/24/08 * * * * * * * * * * * * * RESOLUTIONS 43. Res. that, as recommended by the Mayor, the Interlocal Agreement between the City of Omaha and the Douglas County School District 0001 for design and construction of the Saddlebrook Joint Use Facility, is hereby approved; further, that, the Finance Department is authorized to pay the Douglas County School District 0001 $624,917.35 for this project, from the Stormwater Management Plan Fund 12143, Stormwater Management Plan Organization 128026 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Vokal that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Res. # 787 – ADOPTED 7-0 44. Res. that, as recommended by the Mayor, the Agreement with University of Nebraska Lincoln Television Department to produce an informational program about the Combined Sewer Solutions and Watershed Management, be accepted and approved; further, that, the Finance Department is authorized to pay UNL-TV $30,000 for these services from the Sewer Revenue Fund 21121, Sewer Planning Organization 116512, year 2008 expenditure – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Shani Peterson, UNL-NETV For the City: Marty Grate, Public Works Department - 20 - Motion by Suttle that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Gernandt, Mr. President Nays: Brown Res. # 788 – ADOPTED 6-1 45. Res. that, as recommended by the Mayor, the bid in the total amount of $49,210.00 ($24,605.00 each) from Anderson Ford Lincoln Mercury Mazda, to purchase two (2) 2009 Ford F350 cab and chassis, 2 wheel drive, dual wheel regular cab one ton 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 12107OC, 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 General Fund No. 11111, Organization No. 115024, Grounds Maintenance Contracts – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Suttle that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Res. # 790 – ADOPTED 7-0 46. Res. that, as recommended by the Mayor, the bid in the total amount of $29,029.00 from Anderson Ford Lincoln Mercury Mazda, to purchase one (1) 2009 Ford F350 cab and chassis, 2 wheel drive, dual wheel, regular cab with contractor dump body 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 12107OC, 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 General Fund No. 11111, Organization No. 115024, Grounds Maintenance Contracts – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Res. # 791 – Resolution read. - 21 - (a) Amendment of the Whole requested by Parks, Recreation and Public Property Department – see attached. Motion by Vokal that the Amendment of the Whole be ADOPTED AS AMENDED Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Res. # 791 – ADOPTED AS AMENDED 7-0 47. Res. that the City Council hereby authorizes and approves the further extension to December 31, 2008, of the 1996 City of Omaha/Douglas County Interlocal Cooperation Agreement dealing with 911 communication services and that the cost to be paid by the City of Omaha under such Agreement shall be paid from the Emergency Telephone Communications Fund No. 11111 and Organization No. 119013, Account No. 42239 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Res. # 792 – ADOPTED 7-0 48. Res. that, as recommended by the Mayor, the purchase of two PortaCount Model 8028 Fit Testers from TSI, Inc. for fire departments participating in the Tri-County Urban Area Security Initiative (UASI) in the amount of $22,320.00, providing a unique and non-competitive service as provided in Chapter 5.16 of the Home Rule Charter 1956, as amended, is hereby approved, such approval being given by the City of Omaha as specified by the UASI Grant requirements providing that such equipment will be purchased from the Nebraska Emergency Management Agency (NEMA) FY2006 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; and that the Finance Department of the City of Omaha is authorized to pay the cost of the Fit Testers from Year 2008, Fund 12151, Organization 130752 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gernandt that the Resolution be adopted Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Res. # 793 – ADOPTED 7-0 - 22 - 49. Res. that the Rules of Order of the City Council are amended by amending Rule VII to provide for a Consent Agenda – see attached. ((MOTION NEEDED TO LAY OVER ONE WEEK TO 6/17/08 AND CONTINUE THE PUBLIC HEARING)) CCID # 807 – Motion by Gernandt that the Resolution be laid over one (1) week to June 17, 2008 and continue the public hearing Seconded by Suttle ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 50 THROUGH 56 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 50. Ord. to rezone property located at 7300 Graceland Drive from R8-High-Density Multiple-Family Residential District and R8-PUD-High-Density Multiple-Family Residential District Planned Unit Development to R8-PUD-High-Density Multiple- Family Residential District Planned Unit Development. CCID # 794 – Publication to be made and public hearing and third reading to be held on June 24, 2008 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a rezoning from R8 and R8-PUD to R8-PUD for property located at 7300 Graceland Drive – see attached. # 794 – Over to 6/24/08 51. Ord. to approve a Major Amendment to a Planned Unit Development Overlay District in a R8-High-Density Multiple-Family Residential District for the property located at 7300 Graceland Drive; and to provide for an effective date – see attached. CCID # 795 – Publication to be made and public hearing and third reading to be held on June 24, 2008 as per City Charter requirements. - 23 - (a) Planning Board and Planning Department recommend approval of a Major Amendment to a Planned Unit Development in the R8 District located at 7300 Graceland Drive – see attached. # 795 – Over to 6/24/08 52. Ord to rezone property located at 406 South 84th Street from R3-Single Family Residential District (Medium Density) to R2-Single Family Residential District (Low Density). CCID # 798 – Publication to be made and public hearing and third reading to be held on June 24, 2008 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the request to rezone property located at 406 South 84th Street from R3 to R2 – see attached. # 798 – Over to 6/24/08 53. Ord. to rezone property located Southwest of 168th and Blondo Streets from R5- Urban Family Residential District and CC-Community Commercial District to MU- Mixed Use District. CCID # 799 – Publication to be made and public hearing and third reading to be held on June 24, 2008 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the request to rezone property located Southwest of 168th and Blondo Streets from R5 and CC to MU – see attached. # 799 – Over to 6/24/08 54. Ord. to approve a Mixed Use Development Agreement for property located Southwest of 168th and Blondo Streets between the City of Omaha and 168 & Blondo, LLC, providing site development standards; and to provide for an effective date – see attached. CCID # 800 – Publication to be made and public hearing and third reading to be held on June 24, 2008 as per City Charter requirements. - 24 - 55. Ord. to amend Section 55-610 of the Omaha Municipal Code; to set the side street baseline in relation to the classification of the street and also allow for a way in which all baselines may be modified under certain circumstances within the ACI-Area of Civic Importance Overlay District; and to provide for the effective date hereof – see attached. CCID # 802 – Publication to be made and public hearing and third reading to be held on June 24, 2008 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of an amendment to Section 55-610 of the City of Omaha Zoning Ordinance regarding baseline locations in the ACI Overlay District – see attached. # 802 – Over to 6/24/08 56. Ord. to amend Section 55-783 of the Omaha Municipal Code; to allow the screening of building mechanical equipment to exceed the height limit of any district by not more than twenty-five (25) percent; and to provide for the effective date hereof – see attached. CCID # 803 – Publication to be made and public hearing and third reading to be held on June 24, 2008 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of an amendment to Chapter 55, Zoning Ordinance regarding height exceptions – see attached. # 803 – Over to 6/24/08 * * * * * * * * * * * * * - 25 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 57 THROUGH 59 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 57. Ord. to amend Section 31-257 of the Omaha Municipal Code to require the payment of Interceptor Sewer fees for new sewer connections made within or outside of the City Limits while continuing to exempt zones A, B and C of the City’s urban development policy, which is the area generally within the Interstate loop; and to provide an effective date hereof – see attached. CCID # 806 – Publication to be made and public hearing to be held on June 17, 2008 as per City Charter requirements. 58. Ord. approving an agreement between the City of Omaha and the Omaha Housing Authority (OHA) to provide fueling, maintenance and repair services for OHA vehicles, such services to be provided by the Public Works Department, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to authorize the Mayor to execute the agreement with OHA; and to provide an effective date hereof – see attached. CCID # 804 - Publication to be made and public hearing to be held on June 17, 2008 as per City Charter requirements. 59. Special Ord. levying a special tax and assessment on all lots and pieces of real estate within Street Improvement District No. 6872 in the City of Omaha, to cover the cost of improving an alleyway between 27th and 28th Streets and from Leavenworth Street to Mason Street – see attached. CCID # 805 – Publication to be made and public hearing to be held on June 17, 2008 as per City Charter requirements. * * * * * * * * * * * * * - 26 - CHAIRMAN OF THE BOARD OF EQUALIZATION 60. Chairman of the Board of Equalization reports approval of Plan of Assessment with adjustments made at their regular meeting held June 3, 2008 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE)) CCID # 808 – Motion by Gernandt that the Report be approved Seconded by Thompson ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 EXECUTIVE SESSION 61. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. - 27 - 8SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR JUNE 10, 2008 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED JUNE 9, 2008 AT 1:00 P.M. Agenda and Link to Agenda Items Available at http://www.ci.omaha.ne.us ADDITIONAL RESOLUTION 62. Res. that the City Council of the City of Omaha hereby declares that all persons whose property was damaged by severe weather conditions on June 7-8, 2008, shall be exempt from the payment of fees fixed by the Omaha Municipal Code for permits issued or inspections made by the Permits and Inspections Division of the Planning Department for repair or restoration of property actually damaged by the weather conditions of June 7-8, 2008, and provided that the exemption shall be effective for sixty (60) calendar days from June 8, 2008, and provided that any such fees paid to the City since June 7, 2008, for such repair or restoration shall be refunded upon proper application by the property owner within the sixty day period – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Steve Jensen, Director, Planning Department, appeared and spoke. Motion by Sutle that the Resolution be adopted Seconded by Vokal ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Res. # 809 – ADOPTED 7-0 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. - 28 - - 29 - Motion by Gernandt that the City Council Meeting be adjourned Seconded by Thompson ROLL CALL: Yeas: Sigerson, Suttle, Thompson, Vokal, Brown, Gernandt, Mr. President Motion Carried 7-0 ADJOURNED: 2:45 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 June 10, 2008. WITNESS: ________________________________ _________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR MIKE FAHEY ON THE 12TH DAY OF JUNE, 2008.