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2011-09-27j31st REGULAR OMAHA CITY COUNCIL MEETING SEPTEMBER 27, 2011 THE CITY COUNCIL met in Regular Session on Tuesday, September 27th, 2011 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Thomas Mulligan. ROLL CALL 1. City Clerk calls the roll. CCID # 1135 – Present: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Ben Gray of District No. 2. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on September 23, 2011, notice re: Pre-Council and Regular City Council Meetings, September 27, 2011. CCID # 1136 – From Chair on File A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS' PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED. IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION. COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING. - 2 - ORDINANCE ON SECOND READING RE: BONDS 5. Ord. authorizing and approving a lease -purchase agreement (the “Agreement”) between the City of Omaha Public Facilities Corporation (the “Corporation”) and the City of Omaha, Nebraska (the “City”) to provide funds for the lease -purchase of certain computer and forestry equipment, as more fully described therein (collectively, the “Project”), a copy of which Agreement is attached hereto as Exhibit A and incorporated herein by this reference; approving an Indenture of Trust (the “Indenture”) between the Corporation and First National Bank of Omaha, as trustee, (the “Trustee”) a copy of which Indenture is attached hereto as Exhibit B and incorporated herein by this reference; approving the terms and conditions of the Corporation’s lease revenue bonds in the aggregate principal amount of approximately $6,000,000 (the “Bonds”), to be issued in one or more separate series as set forth in the Indenture, and the issua nce and delivery thereof; approving the form, content and distribution of the Preliminary Official Statement (the “Preliminary Official Statement”), a copy of which Preliminary Official Statement is attached hereto as Exhibit C and incorporated herein by this reference; authorizing and approving the form and content of a Letter Agreement (the “Letter Agreement”) constituting an undertaking by the City to provide ongoing disclosure about the City for the benefit of the holders of the Bonds, a copy of which Letter Agreement is attached hereto as Exhibit D and incorporated herein by this reference; authorizing the preparation and use of a Bond Purchase Agreement by and between the Corporation and D.A. Davidson & Co., as Underwriter (the “Bond Purchase Agreement”), a copy of which Bond Purchase Agreement is attached hereto as Exhibit E and incorporated herein by this reference; authorizing and approving a Bill of Sale (the “Bill of Sale”) by the City to the Corporation for the sale of all or portion of the Projec t to the Corporation, a copy of which Bill of Sale is attached hereto as Exhibit F; satisfying applicable federal income tax law requirements and approving the effective date hereof; and delegating authority to the City’s Finance Director to determine the final price, interest rates, principal amount and redemption provisions for the Bonds – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1133 – September 20 Meeting) CCID # 1133 – Public hearing was held today – Final reading set for October 4, 2011 as per City Charter requirements. - 3 - ZONING ORDINANCES ON FINAL READING and Planning Board Attachment 6. Ord. to rezone property located at 2903 North 76th Street from R8 -High Density Multiple-Family Residential District to R8-High Density Multiple-Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1106 –September 13 and September 20 Meetings) Notice of public hearing on September 27, 2011 published in the Daily Record on September 16, 2011. Ordinance passed on September 27, 2011 published in the Daily Record on October 5, 2011. CCID # 1106 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39123 PASSED 7-0 7. Ord. to rezone property located at 2909 North 76th Street from R8 -High Density Multiple-Family Residential District and R2-Single-Family Residential District (Low Density) to R2-Single-Family Residential District (Low Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1107 –September 13 and September 20 Meetings) Notice of public hearing on September 27, 2011 published in the Daily Record on September 16, 2011. Ordinance passed on September 27, 2011 published in the Daily Record on October 5, 2011. CCID # 1107 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39124 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone properties located at 2903 and 2909 North 76th Street from R8 and R2 to R8 and R2 – see attached. (See Doc. # 1107 – September 13 Meeting) # 1107 – From Chair on File - 4 - RESOLUTIONS RE: PRELIMINARY PLATS 8. Res. that the preliminary plat entitled DILLON REAL ESTATE 1, located on the Northeast corner of 33rd Street and Q Street, along with the attached condition, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 9/13/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1075 – September 13 Meeting) Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1075 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of DILLON REAL ESTATE 1, located on the Northeast corner of 33rd Street and Q Street – Inside City – over from 9/13/11 – see attached. (See Doc. # 1075 – September 13 Meeting) # 1075 – From Chair on File 9. Res. that the preliminary plat entitled CORNHUSKER INDUSTRIAL PARK REPLAT 8, located Northeast of 84th and “J” 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 9/13/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1076 – September 13 Meeting) Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1076 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of CORNHUSKER INDUSTRIAL PARK REPLAT 8, located Northeast of 84th and “J” Streets – Inside City – - over from 9/13/11 – see attached. (See Doc. # 1076 – September 13 Meeting) # 1076 – From Chair on File - 5 - SPECIAL USE PERMIT – RESTAURANT (DRIVE IN OR FAST FOOD) 10. Res. that the Special Use Permit application submitted by Bear Properties for a Special Use Permit to allow Restaurant (drive -in or fast food) in a CBD/ACI-1 (PL)-Central Business District with an Area of Civic Importance 1 overlay, located at 1203 Mike Fahey 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 app licable 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 9/13/11 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 1077 – September 13 Meeting) Mike Kelley, representing Bear Properties, 7134 Pacific Street, appeared and spoke. Res # 1077 – Resolution read Motion by Gray that the Resolution be amended to remove condition “2” from Exhibit “b” and renumber condition “3” to condition “2” Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass Motion by Thompson that the Resolution be ADOPTED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Festersen, Gernandt, Gray, Stothert, Thompson, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 1077 – ADOPTED AS AMENDED 6-0-1 Pass - 6 - (a) Planning Board and Planning Department recommend approval of the request of Bear Properties for a Special Use Permit to allow Restaurant (drive-in or fast food) in a CBD/ACI-1 (PL) District located at 1203 Mike Fahey Street – over from 9/13/11 – see attached. (See Doc. # 1077 – September 13 Meeting) # 1077 – From Chair on File (b) The Planning Department recommends that City Council remove condition (2) as approved by the Planning Board to allow the applicant to seek a partial waiver to 55-740f(4) – over from 9/13/11 – see attached. (See Doc. # 1077 – September 13 Meeting) # 1077 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD OCTOBER 11, 2011 AGENDA ITEM NOS. 11 THROUGH 13 SHALL BE LAID OVER THREE WEEKS TO OCTOBER 18, 2011” RESOLUTIONS RE: PRELIMINARY PLAT, PLAT AND SUBDIVISION AGREEMENT 11. Res. that the preliminary plat entitled TWO FIFTEEN PACIFIC PLACE, located Southwest of 214th and Pacific Streets, along with the attached condition, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – see attached. CCID # 1157 – Over three weeks to October 18, 2011 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of TWO FIFTEEN PACIFIC PLACE, located Southwest of 214th and Pacific Streets – Outside City – see attached. # 1157 – Over to 10/18/11 12. Res. that the plat entitled TWO FIFTEEN PACIFIC PLACE, located Southwest of 214th and Pacific Streets, is hereby approved and accepted – Outside City – see attached. CCID # 1156 – Over three weeks to October 18, 2011 pursuant to City Council Rule VII H. - 7 - (a) Planning Board and Planning Department recommend approval of the Final Plat of TWO FIFTEEN PACIFIC P LACE, located Southwest of 214th and Pacific Streets – Outside City – see attached. # 1156 – Over to 10/18/11 13. Res. that, the Subdivision Agreement between the City of Omaha and Michael P. and Julie L. Arp, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Two Fifteen Pacific Place and is located Southwest of 214th and Pacific Streets – see attached. CCID # 1158 – Over three weeks to October 18, 2011 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * LIQUOR 14. CLASS “C” – AGCT, Inc., dba “The Cove Lounge & Grille”, 3525 North 147 th Street, Suite 201. New application, Old location. UPG RADE. Present licensee is TPTB Entertainment, Inc., dba “Party Cove”, 3525 North 147th Street, Suite 201, who has a Class “I” Liquor License. Property posted: 09 -14-11; Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Ron Kwiatkowski, Owner, The Cove Lounge and Grille, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1137 – ADOPTED 7-0 15. CLASS “C” – Adobado Mexican Grill Corporation, dba “Adobado Mexican Grill”, 3034 South 20th Street. New application, New location. Property posted: 09-09- 11; Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Eddie Arzola, Owner, Adobado Mexican Grill For the City: Tom Mumgaard, Deputy City Attorney Buster Brown, City Clerk - 8 - Res # 1138 – Application read Motion by Stothert that the Resolution to GRANT be adopted Seconded by Gernandt Substitute Motion by Gernandt that the application be amended from a Class “C” to a Class “I” Liquor License Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Substitute Motion Carried 7-0 Motion by Stothert that the Resolution to GRANT be ADOPTED AS AMENDED contingent upon the applicant and staff completing a certified alcohol training program by February 10, 2012, a review by the City Council Law Committee in six months and no outside music Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Mr. President Nay: Thompson Res # 1138 – ADOPTED AS AMENDED 6-1 (a) Communications opposing the application of Adobado Mexican Grill Corporation, dba “Adobado Mexican Grill”, 3034 South 20th Street, for a Class “C” Liquor License – see attached. # 1138 – From Chair on File 16. CLASS “C” - Smirk Enterprises, LLC, dba “West Lanes Bowling Alley”, 151 North 72nd Street. New application, Old location. Present licensee is Bloomfield Investments, Inc., dba “West Lanes”, 151 North 72 nd Street, who has a Class “C” Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Michael S. Kennedy, Kennedy Law Firm, 11235 Davenport Street Ray Kurtzuba, 151 ½ North 72nd Street Motion by Gray that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1139 – ADOPTED 7-0 - 9 - 17. CLASS “C” – TSL Blue Duck Hospitality, LLC, dba “T’s Tavern”, 7821 Military Avenue. New application, Old location. Present licensee is 14/24, Inc., dba “T’s Tavern”, 7821 Military Avenue, who has a Class “C” Liquor License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Susanne Buck, T’s Tavern, 7821 Military Avenue Tim Lewis, T’s Tavern Motion by Gray that the Resolution to GRANT be adopted Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1140 – ADOPTED 7-0 18. CLASS “I” – City of Omaha, A Municipal Corporation, dba “Elmwood Golf Course”, 6232 Pacific Street. New application, Old location. UPGRADE. Presently holds an On Sale Beer License. Property posted: 09 -07-11; Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: For the City: Terry Heskett, Parks, Recreation and Public Property Department, 6232 Pacific Street Bob Baber, Golf Manager, Parks, Recreation and Public Property Department, 13712 Shirley Circle Motion by Jerram that the Resolution to GRANT be adopted subject to a waiver pursuant to NRS53-177(3) Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1141 – ADOPTED 7-0 (a) Communications opposing the application of the City of Omaha, a Municipal Corporation, dba “Elmwood Gold Course”, 6232 Pacific Street, for an Upgrade to Class “I” Liquor License – see attached. # 1141 – From Chair on File - 10 - 19. PACKAGE – Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #3478”, 2609 South 132nd Street. New application, New location. Property posted: 09- 12-11; Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Buck Heim, Attorney for the applicant, 1650 Farnam Street, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted contingent upon no single sales Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Tho mpson, Mr. President Res # 1142 – ADOPTED 7-0 (a) Documents submitted re: Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #3478”, 2609 South 132nd Street, for a Package Liquor License – see attached. # 1142 – From Chair on File 20. PACKAGE – Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #5714”, 4840 Dodge Street. New application, New location. Property posted: 09-12-11; Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOW ING PERSONS APPEARED AND SPOKE: Proponents: Buck Heim, Attorney for the applicant, 1650 Farnam Street Todd Drees, 1606 North 113th Court Motion by Jerram that the Resolution to GRANT be adopted contingent upon no single sales Seconded by Gray ROLL CALL: Yeas: Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Nay: Festersen Res # 1143 – ADOPTED 6-1 (a) Communications opposing the application of Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #5714”, 4840 Dodge Street, for a Package Liquor License – see attached. # 1143 – From Chair on File - 11 - (b) Documents submitted re: Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #5714”, 4840 Dodge Street, for a Package Liquor License – see attached. # 1143 – From Chair on File 21. PACKAGE – Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #6733”, 1919 North 90th Street. New application, New location. Property posted: 09-15- 11; Notification sent: 09-16-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Buck Heim, Attorney for the applicant, 1650 Farnam Street, appeared and spoke. Motion by Festersen that the Resolution to GRANT be adopted contingent upon no single sales and if the church located within 150 feet does not obj ect at a hearing before the Nebraska Liquor Control Commission pursuant to NRS53 - 177(2) Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1144 – ADOPTED 7-0 (a) Communication from Buck Heim, Attorney representing Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #6733”, 1919 North 90th Street, for a Package Liquor License re: School status – see attached. # 1144 – From Chair on File (b) Documents submitted re: Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #6733”, 1919 North 90th Street, for a Package Liquor License – see attached. # 1144 – From Chair on File (c) Communications opposing the application of Nebraska CVS Pharmacy, L.L.C., dba “CVS/Pharmacy #6733”, 1919 North 90th Street, for a Package Liquor License – see attached. # 1144 – From Chair on File - 12 - 22. PACKAGE – TFL, Inc., dba “Tobacco & Phones 4 Less”, 3223 North 108th Street. New application, New location. Property posted: 09-12-11; Notification sent: 09- 16-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Jamin Samiev, 8006 South 57th Street, Bellevue, NE Farrukh Rakhimov, Operations Manager, Tobacco & Phones 4 Less, 202 South 73rd Street For the City: Tom Mumgaard, Deputy City Attorney Motion by Gernandt that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1145 – ADOPTED 7-0 23. Addy’s Sports Grill, Inc., dba “Addy’s Sports Grill & Bar”, 13806 “P” Street, request permission for a CHANGE OF LOCATION of their present Class “C” Liquor License to 14110 “S” Street, Suites 1-3. Property posted: 09-13-11; Notification sent: 09-16-11 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Tim Addison, Addy’s Sports Bar Megan Addison, Addy’s Sports Bar CCID # 1146 – Motion by Gray that the request be approved if the church located within 150 feet does not object at a hearing before the Nebraska Liquor Control Commission pursuant to NRS53-177(2) Seconded by Stothert ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 7-0 24. American Legion Post 374, 14326-46 “U” Street, request permission for a CHANGE OF LOCATION of their present Class “C” Liquor License to 13913 -15 “S” Plaza. Property posted: 09-14-11; Notification sent: 09-16-11 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Grant Forsberg, Attorney for the applicant, 444 Regency Parkway Drive, # 203, appeared and spoke. - 13 - CCID # 1147 – Motion by Gernandt that the request be approved if the church located within 150 feet does not object at a hearing before the Nebraska Liquor Control Commission pursuant to NRS53-177(2) Seconded by Gray ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 7-0 CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 25 through 29 were held on September 20, 2011.) CONSENT AGENDA – ORDINANCES 25. Ord. declaring the necessity of appropriating for the use of the City of Omaha the necessary land for development of a multi-use trail from the Keystone Trail at Karen Park, to South 45th and Dayton Streets, to provide for the purchase of such tracts from Union Pacific Railroad in the amount of $270,300; funds for said acquisition to be paid from the 2006 Parks & Recreation Fund No. 13354 and Organization No. 117315, 2010 Issue Parks & Cultures Bond, the Papio -Missouri River Natural Resources District and a grant from the Peter Kiewit Foundation, and to provide for the effective date hereof – see attached. (See Doc. # 1108 – September 13 and September 20 Meetings) Notice of public hearing on September 20, 2011 published in the Daily Record on September 16, 2011. Ordinance passed on September 27, 2011 published in the Daily Record on October 5, 2011. CCID # 1108 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39125 PASSED 7-0 - 14 - AGENDA ITEM NO. 26 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER THOMPSON 26. Ord. to approve and execute a contract involving the payment of money from appropriations of more than one year in accordance with section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended, with Silverstone Group, Inc. for group benefit consulting services for a period commencing on approval by the City Council and ending on December 31, 2011, with an option for two one year extensions beginning respectively on January 1, 2012 and January 1, 2013; to authorize the Mayor to execute and the City Clerk to attest to such contract; to authorize payment in accordance with the terms and conditions contained therein in the monthly amounts of $12,100 for 2011, and if the extension options are exercised, in the amounts of $12,667 for 2012 and $13,333 for 2013 from General Fund 11111, Organizations 10511-105015 for services related to Human Resource functions such as open enrollment, compliance and communication assistance; from General Fund 11111, Organizations 118018(Active), 118014(Retiree), 118015 (COBRA), Account 41331 for services related to health care; and from General Fund 11111, Organization 11817, Account 42135, for services related to workers’ compensation and related fields; and to provide an effective date – see attached. (See Doc. # 1111 – September 13 and September 20 Meetings) Notice of public hearing on September 20, 2011 published in the Daily Record on September 16, 2011. Ordinance passed on September 27, 2011 published in the Daily Record on October 5, 2011. CCID # 1111 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Mr. President Nay: Thompson ORDINANCE # 39129 PASSED 6-1 27. Ord. to approve and authorize a contract between the City of Omaha, a municipal corporation, and Industrial/Organization Solutions, Inc. (d.b.a. I/O Solutions, Inc.), for services involving the payment of money from appropriations in more than one year in accordance with sections 5.16 and 5.17 of the Omaha Home Rule Charter of the City of Omaha, 1956, as amended; to provide for payment to Industrial/Organization Solutions, Inc. for completing Police and Fire Department entry level and promotional testing for a term of three (3) years with the option of two (2) one-year extensions at various prices provided in response to a request for proposals to be paid from the Human Resources Fund, 11111, Organization 105013; and to provide for an effective date hereof – see attached. (See Doc. # 1112 – September 13 and September 20 Meetings) - 15 - Notice of public hearing on September 20, 2011 published in the Daily Record on September 16, 2011. Ordinance passed on September 27 , 2011 published in the Daily Record on October 5, 2011. CCID # 1112 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39126 PASSED 7-0 28. Ord. to accept the bid of Marsden Building Maintenance in the annual amount of $255,722.00, involving appropriations of more than one year as provided in 5.17 of the Home Rule Charter, to provide janitorial services at the Omaha Police Department Headquarters facility and satellite precinct stations and facilities for the period beginning approximately October 1, 2011 to September 30, 2014, with two additional one-year options held by the City; to authorize the Finance Department to make payments from a specified account to Marsden Building Maintenance for the cost of janitorial services in accordance with the specifications; and to provide an effective date – see attached. (See Doc. # 1109 – September 13 and September 20 Meetings) Notice of public hearing on September 20, 2011 published in the Daily Record on September 16, 2011. Ordinance passed on September 27, 2011 published in the Daily Record on October 5, 2011. CCID # 1109 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39127 PASSED 7-0 29. Ord. to accept the bid from Signal 88 Security Group, LLC for security service at ten Omaha Public Library facilities, in accordance with the lowest bid submitted meeting specifications, for a period of two years, commencing approximately November 1, 2011; to authorize annual payments of approximately $199,875.00; and to provide an effective date – see attached. (See Doc. # 1110 – September 13 and September 20 Meetings) Notice of public hearing on September 20, 2011 published in the Daily Record on September 16, 2011. Ordinance passed on September 27, 2011 published in the Daily Record on October 5, 2011. CCID # 1110 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 39128 PASSED 7-0 - 16 - (a) Documentation submitted by the City Clerk re: issues raised by Armored Knights, Inc. on the rejection of their bid on “City of Omaha Security Guards – Libraries” – over from 9/20/11 – see attached. (See Doc. # 1110 – September 20 Meeting) # 1110 – From Chair on File ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 30 through 39 are today. If you wish to address the City Council regarding these items, please come to the microphone, indicate the Agenda Item Number you wish to address, identify yourself by your name, address, who you represent, and if you are a proponent or opponent.) CONSENT AGENDA – RESOLUTIONS 30. Res. that, as recommended by the Mayor, the Amendment to the Engineering Agreement with Alfred Benesch & Company to provide additional professional services for residential street resurfacing and rehabilitation and Americans with Disabilities Act (ADA) compliance projects in the City of Omaha, is hereby approved; and that the Finance Department is authorized to pay the additional fee of $156,000 for these engineering services from the 2006 Transportation Bond Fund 13182, 2011 Issue Transportation Bond Organization 117116 – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1166 – ADOPTED 7-0 31. Res. that, as recommended by the Mayor, the Agreement for Professional Services between the City of Omaha, Public Works Department and the Omaha - Council Bluffs Metropolitan Area Planning Agency to provide traffic counts and other information for the fiscal year 2012 be accepted and signed – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. Presi dent Res # 1167 – ADOPTED 7-0 - 17 - 32. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Deeter Foundry for the purchase of manhole rings and covers to be utilized by the Sewer Maintenance Division in the amount of $62,900.00; and, that the Finance Department is authorized to pay this cost from the Sewer Revenue Fund 21121, Sewer Maintenance Organization 116511, year 2011 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1168 – ADOPTED 7-0 33. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Badger Body & Truck Equipment, Inc. for the purchase of five stainless steel hopper spreaders, dump boxes, and interchange systems to be utilized by the Street Maintenance Division in the amount of $322,995.00; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2011 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1148 – ADOPTED 7-0 34. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a purchase order to SFG Road Maintenance for the purchase of approximately 44,000 gallons of agricultural based de-icing material to be applied on City streets for the 2011-2012 winter season in the amount of $52,800.00; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2011 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1149 – ADOPTED 7-0 - 18 - 35. Res. that the City of Omaha hereby approves and adopts the Papio-Missouri River Natural Resources District Multi-Hazard Mitigation Plan in its entirety, in the form as proposed and presented to this meeting and reflected in the permanent files of the District, hereby resolves to exe cute the plan as proposed and hereby requests approval of the plan by the Federal Emergency Management Agency – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1150 – ADOPTED 7-0 AGENDA ITEM NO. 36 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER JERRAM 36. Res. that, as recommended by the Mayor, the bid in the total amount of $30,935.00 (includes Alternate #1 in the amount of $5,055.00 for additional fencing to create two separate “all dog areas ”) from Elkhorn Fence Company, to furnish labor, materials, and all incidentals necessary to complete the fencing installation at the Hanscom Park Dog Park, 3201 Woolworth Avenue, including but not limited to the installation of 4 foot and 6 foot black poly coated chain link fencing, concrete pavement, and other incidentals necessary to complete the work, being the lowest and best bid received, 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 2010 Parks & Recreation Bond Fund No. 13355 and Organization No. 117316, 2011 Issue Parks & Cultures Bond – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1151 – ADOPTED 7-0 37. Res. that, as a unique and noncompetitive service, approval is hereby given to pay the attached invoice which extends a maintenance service agreement with Zoll Corporation in the amount of $24,715 as the only qualified company to support the Zoll RescueNet FireRMS computer software; and the Purchasing Agent is directed to make payments for the one-year extension of the maintenance service agreement for the 2011 Omaha Fire Department budget, Fund No. 11111, Organization 114515, Account No. 42411 – see attached. - 19 - Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1152 – ADOPTED 7-0 38. Res. that the reappointment by the Mayor of Leo R. Costanzo as the residential union member of the Air Conditioning/Air Distribution Board to serve a three -year term commencing November 8, 2011, and expiring three years thereafter, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1153 – ADOPTED 7-0 39. Res. that the reappointment by Mayor Jim Suttle of Patricia J. Miltner as an at- large representative of the Public Art Commission, to serve a three -year term commencing October 26, 2011, and expiring three years thereafter, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Res # 1154 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 20 - ORDINANCES ON SECOND READING 40. Ord. to approve the acceptance of and authorize the disbursement from the FY 2010 State Homeland Security Program (SHSP) grant award, number #2010 -SS- T0-0013, and budget in the amount of fifty-thousand dollars ($50,000.00) from the Nebraska Emergency Management Agency (NEMA), during the project period of October 1, 2010 to July 31, 2013, to fund Tri -County UASI strategic projects that will provide first responders in Douglas and Sarpy counties with enhanced capabilities for responding to the potential threa ts of hazardous material incidents; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1126 – September 20 Meeting) CCID # 1126 – Public hearing was held today – Final reading set for October 4, 2011 as per City Charter requirements. 41. Ord. to establish, pursuant to Section 40-251 of the Omaha Municipal Code, a new Class “B” Flammable Liquids Storage District to be known as District No. B - 174 at 2600 Dodge Street as requested by Steven A. Scanlon for Physicians Mutual Insurance Company; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1127 – September 20 Meeting) Jason Hannon, representing Physicians Mutual Insurance Company, Interstate Power Systems, 10143 South 136th Street, appeared and spoke. CCID # 1127 – Public hearing was held today – Final reading set for October 4, 2011 as per City Charter requirements. “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD OCTOBER 11, 2011 THE THIRD READING AND PUBLIC HEARING ON AGENDA ITEM NO. 42 SHALL BE HELD ON OCTOBER 18, 2011” ZONING ORDINANCE ON FIRST READING and Planning Board Attachment 42. Ord. to rezone property located Southwest of 214th and Pacific Streets from AG - Agricultural District to R2-Single-Family Residential District (Low Density). CCID # 1155 – Publication to be made and public hearing and third reading to be held on October 18, 2011 pursuant to City Council Rule VII H. - 21 - (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 214th and Pacific Streets from AG to R2 – see attached. # 1155 – Over to 10/18/11 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 43 THROUGH 47 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 43. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 4220 Erskine Street, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2011 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Faye Cole, 4211 Erskine Street, Omaha, NE 68111, to acquire the property for the sum of Four Thousand Five Hundred and 00/100 Dollars ($4,500.00) is approved; project costs will be paid from FY 2011 HOME Match Funds, Fund 11111, Organization No. 109023; and to provide the effective date hereof – see attached. CCID # 1159 – Publication to be made and public hearing to be held on October 4, 2011 as per City Charter requirements. 44. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 2905 Jackson Street, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2011 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Banyan Tree, LLC, 209 South 19th Street, Suite 525, Omaha, NE 68102, to acquire the property for the sum of Eighty Thousand and 00/100 Dollars ($80,000.00) is approved; project costs will be paid from FY 2011 HOME Funds, Fund 12179, Organization 128039, Project 3525, Award 854; and to provide the effective date hereof – see attached. CCID # 1160 – Publication to be made and public hearing to be held on October 4, 2011 as per City Charter requirements. - 22 - 45. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described property located at 4517 North 37th Street, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2011 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Khaldon Shakta, 7400 West Flamingo #1098, Las Vegas, NV 89147, to acquire the property for the sum of Three Thousand and 00/100 Dollars ($3,000.00) is approved; project costs will be paid from FY 2011 HOME Match Funds, Fund 11111, Organization No. 109023; and to provide the effective date hereof – see attached. CCID # 1161 – Publication to be made and public hearing to be held on October 4, 2011 as per City Charter requirements. 46. Ord. approving the acceptance of the City of Omaha/Douglas County Juvenile Accountability Block Grant Phase 16 grant, with special conditions, Grant Number 10-JA-604, from the State of Nebraska Commission on Law Enforcement and Criminal Justice, in the amount of one hundred eighteen thousand, eight hundred and eighty six dollars ($118,886.00), with a match of thirteen thousand two hundred and ten dollars ($13,210) in the form of in -kind contributions provided by the Douglas County Attorney’s Office, to pro vide funding for criminal justice information sharing, juvenile risk and needs assessment, restorative justice, and re-entry programs in Omaha, during the project period extending from October 1, 2011 to September 30, 2012; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof – see attached. CCID # 1162 – Publication to be made and public hearing to be held on October 4, 2011 as per City Charter requirements. - 23 - 47. Ord. approving the acceptance of the City of Omaha Labor -Management Cooperation Grant, Number 11-NE/A-004, from the Federal Mediation Conciliation Service, in the amount of $52,650 with a match of $11,850, provided in the form of in-kind contributions, to provide funding for the Healthcare Task Force to work toward establishing one healthcare benefit plan for City of Omaha employees, during the project period extending from October 1, 2011 to March 31, 2013; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof – see attached. CCID # 1163 – Publication to be made and public hearing to be held on October 4, 2011 as per City Charter requirements. * * * * * * * * * * * * * EXECUTIVE SESSION 48. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR SEPTEMBER 27, 2011 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED SEPTEMBER 26, 2011 AT 1:00 P.M. “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARING ON AGENDA ITEM NO. 49 SHALL BE HELD ON THE SECOND READING” ADDITIONAL ORDINANCE ON FIRST READING 49. Ord. to approve an Administrative Services Agreement between the City of Omaha and Coventry Health Care of Nebraska, Inc. for the provision of administrative services for the City’s self-insured health program in accordance with the lowest and best proposal submitted, for a period of three years commencing on January 1, 2012 and ending on December 31, 2014, with an option for two one-year extensions; to authorize the execution of such Agreement; to authorize payments in accordance therewith; and to provide an effective date – see attached. CCID # 1169 – Publication to be made and public hearing to be held on October 4, 2011 as per City Charter requirements. - 24 - Motion by Gernandt that the meeting be adjourned Seconded by Festersen ROLL CALL: Yeas: Festersen, Gernandt, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried ADJOURNED: 3:09 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 September 27th, 2011. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 29th DAY OF SEPTEMBER, 2011.