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2011-03-08j7th REGULAR OMAHA CITY COUNCIL MEETING MARCH 8, 2011 THE CITY COUNCIL met in Regular Session on Tuesday, March 8, 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 Garry Gernandt. ROLL CALL 1. City Clerk calls the roll. CCID # 225 – Present: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent Entire Meeting: Gray 2. Pledge of Allegiance. 3. Invocation by Councilmember Jean Stothert of District No. 5. 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 March 4, 2011, notice re: Pre-Council and Regular City Council Meetings, March 8, 2011. CCID # 226 – 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 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 5 SHALL BE LAID OVER TWO WEEKS” RESOLUTION RE: PLAT 5. Res. that the replat transmitted herewith entitled PACIFIC STREET WEST REPLAT SEVEN located Southwest of South HWS Cleveland Boulevard and Blue Sage Parkway, is hereby approved, and concurrently a portion of the existing plat entitled Pacific Street West, and described on said replat, is hereby vacated – Outside City – see attached. CCID # 252 – Over two weeks to March 22, 2011 pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the final plat of PACIFIC STREET WEST REPLAT SEVEN located Southwest of South H.W .S. Cleveland Boulevard and Blue Sage Parkway – Outside City – see attached. # 252 – Over to 03/22/11 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 6 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – AUTOMOTIVE SALES 6. Res. that the Special Use Permit application submitted by Khalil Eljamal for permission to allow Automotive Sales in a CC-Community Commercial District, located at 12901 “Q” Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. Notice of public hearing on March 22, 2011 published in the Daily Record on March 11, 2011. CCID # 228 – Over two weeks to March 22, 2011 for publication and public hearing pursuant to City Council Rule VII E. - 3 - (a) Planning Board and Planning Department recommend approval of the request of Khalil Eljamal for a Special Use Permit to allow Automotive Sales in a CC-Community Commercial District, located at 12901 “Q” Street – see attached. # 228 – Over to 03/22/11 * * * * * * * * * * * * * * LIQUOR AND RESOLUTION: KENO 7. CLASS “C” – Levy Premium Foodservice Limited Partnership, dba “Levy Restaurants at TD Ameritrade Park”, 1200 Mike Fahey Street. New application, New location. Property posted: 02-15-11; Notification sent: 02-25-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Steve Seglin, Attorney for the applicant, Lincoln, NE, appeared and spoke. Motion by Jerram that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Res # 235 – ADOPTED 6-0 8. CATERING – Levy Premium Foodservice Limited Partnership, dba “Levy Restaurants at TD Ameritrade Park”, 1200 Mike Fahey Street. New application, New location. Property posted: 02-15-11; Notification sent: 02-25-11 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO APPROVE OR NOT TO APPROVE)) Steve Seglin, Attorney for the applicant, Lincoln, NE, appeared and spoke. CCID # 236 – Motion by Jerram that the application be approved Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 - 4 - 9. Arena Sports Bar & Grill, Inc., dba “Arena Sports Bar & Grill”, 3 809 North 90th Street, requests permission for an addition to their present Class “C” Liquor License location of Volleyball Courts approximately 120‟ x 100‟ to the east. Property posted: 02-23-11; Notification sent: 02-25-11 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 237 – Motion by Jerram that the application be laid over two weeks to March 22, 2011 and continue the public hearing Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 (a) Communication opposing the application of Arena Sports Bar & Grill, Inc., dba “Arena Sports Bar & Grill”, 2809 North 90th Street for an addition to their present Class “C” Liquor License – see attached . # 237 – Over to 03/22/11 10. Dell Enterprises, Inc., dba “Dundee Dell”, 5007 Underwood Avenue , requests permission for a Special Designated License for a Spring Fling on May 21, 2011 from 6:00 a.m. to 2:00 a.m. with music ending at 11:00 p.m . – see attached. Pat Goble, Owner, Dundee Dell, 5107 Nicholas Street, appeared and spoke. CCID # 238 – Application read Motion by Jerram that the application be amended from 6:00 a.m. to 2:00 a.m. to 6:00 a.m. to 12:00 midnight Seconded by Festersen ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 Motion by Jerram that the request be APPROVED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 - 5 - (a) Dell Enterprises, Inc., dba “Dundee Dell”, 5007 Underwood Avenue, requests permission for a Special Designated License for Dundee Days on August 27, 2011 from 6:00 a.m. to 2:00 a.m. with music ending at 11:00 p.m. – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 239 – Application read Motion by Jerram that the application be amended from 6:00 a.m. to 2:00 a.m. to 6:00 a.m. to 12:00 midnight Seconded by Festersen ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 Motion by Jerram that the request be APPROVED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 11. Res. that, in accordance with the Lottery Operator's Agreement wit h the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 2416 Davenport Street , Blue Jay Bar, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Res # 227 – ADOPTED 6-0 - 6 - (a) Communication from John Wilhelm, VP for Administration, Creighton University, opposing the application to operate a Big Red satellite keno location at the Blue Jay Bar, LLC dba “Blue Jay Bar”, 2416 Davenport Street – see attached. # 227 – From Chair on File CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 12 through 17 were held on March 1, 2011.) CONSENT AGENDA – ORDINANCES 12. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 42nd Street Public Improvements from „R‟ Street to „Y‟ Street, also known as City Project No. OPW 51899, providing that the City negotiate with the prope rty owners for land acquisition, and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. (See Doc. # 175 – February 15 and March 1 Meetings) Notice of public hearing on March 1, 2011 published in the Daily Record on February 18, 2011. Ordinance passed on March 8, 2011 published in the Daily Record on March 16, 2011. CCID # 175 – Motion by Stothert that the Ordinance be passed Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray ORDINANCE # 38953 PASSED 6-0 - 7 - 13. Ord. approving a Contract among the City of Omaha, a Municipal Corporation, the City of Omaha Employees Retirement System, and Cavanaugh Macdonald Consulting, LLC, a limited liability corporation, for the provision of Actuarial Services, including the performance of an annual actuarial valuation and certain additional actuarial consulting services for the City of Omaha Employees Retirement System, for the years 2011 through 2015, in accordance with the Official Proposal submitted on October 29, 2010, by Cavanaugh Macdonald Consulting, LLC, in the amounts specified therein, involving the payment of money from appropriations of more than one year as provided in Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; and to provide the effective date hereof – see attached. (See Doc. # 176 – February 15 and March 1 Meetings) Notice of public hearing on March 1, 2011 published in the Daily Record on February 18, 2011. Ordinance passed on March 8, 2011 published in the Daily Record on March 16, 2011. CCID # 176 – Motion by Stothert that the Ordinance be passed Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray ORDINANCE # 38954 PASSED 6-0 14. Ord. approving a Contract among the City of Omaha, a Municipal Corporation, the City of Omaha Police and Fire Retirement System, and Cavanaugh Macdonald Consulting, LLC, a limited liability corporation, for the provision of Actuarial Services, including the performance of an annual actuarial valuation and certain additional actuarial consulting services for the City of Omaha Police and Fire Retirement System, for the years 2011 through 2015, in accordance with the Official Proposal submitted on October 29, 2010, by Cavanaugh Macdonald Consulting, LLC, in the amounts specified therein, involving the payment of money from appropriations of more than one year as provided in Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; and to provide the effective date hereof – see attached. (See Doc. # 177 – February 15 and March 1 Meetings) Notice of public hearing on March 1, 2011 published in the Daily Record on February 18, 2011. Ordinance passed on March 8, 2011 published in the Daily Record on March 16, 2011. CCID # 177 – Motion by Stothert that the Ordinance be passed Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray ORDINANCE # 38955 PASSED 6-0 - 8 - 15. Ord. to approve a Purchase and Sale Agreement between the City of Omaha and Donors‟ Trust for the sale of certain surplus real property, commonly known as Omaha‟s Johnny Rosenblatt Stadium; and to provide an effective date – see attached. (See Doc. # 187 – February 15 and March 1 Meetings) Notice of public hearing on March 1, 2011 published in the Daily Record on February 18, 2011. Ordinance passed on March 8, 2011 published in the Daily Record on March 16, 2011. CCID # 187 – Motion by Stothert that the Ordinance be passed Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray ORDINANCE # 38956 PASSED 6-0 16. Ord. re-authorizing a Business Improvement District under the authority of the Business Improvement District Act, Nebraska Revised Statute Section 19 -4015, et seq., known as the Downtown Business Improvement District (B.I.D. No. 6874) bound by 17th Street on the west to Capitol Street and then east to 12th Street and then north to Cass Street and then east to 10th Street and then north to Webster Street (Mike Fahey Street) to the Missouri River, the Missouri River on the East, and Leavenworth Street to the south from the river to 15 th Street, and Jackson Street from 15th Street to 17th Street for the purposes of continuing activities, work and improvements in the Downtown Area of the City of Omaha, Nebraska, such boundary shall also include the Qwest Center Omaha, the adjacent Hilton Hotel, and the SOMA Development; to continue the Downtown Business Improvement District pursuant to the City Council‟s Resolution of Intention to so establish; to define the purpose of such District and the activities to be included; to define the boundaries of such District; to identify that the properties benefited by the proposed improvements will be subject to special assessments in accord with the Downtown Business Improvement District Plan; to provide for special assessments to be set at a rate of $0.439 per $1,000 of assessed valuation to be imposed within such District based upon the benefits conferred; to provide for extension of an operating agreement between such District and a not-for-profit corporation to be organized for such purpose; to provide for a baseline municipal services agreement between the City and such District; to provide for a method of representative governance ; and to provide the effective date thereof – see attached. (See Doc. # 180 – February 15 and March 1 Meetings) Notice of public hearing on March 1, 2011 published in the Daily Record on February 18, 2011. Ordinance passed on March 8, 2011 published in the Daily Record on March 16, 2011. - 9 - CCID # 180 – Motion by Stothert that the Ordinance be passed Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray ORDINANCE # 38957 PASSED 6-0 (a) Documents submitted by Joe Gudenrath, Executive Director, Downtown Improvement District, re: ordinance to re -authorize a Business Improvement District under the authority of the Business Improvement District Act – over from 3/1/11 – see attached. (See Doc. # 180 – March 1 Meeting) # 180 – From Chair on File 17. Spec. Ord. approving the Omaha Downtown Improvement District Association 2011/2012 Work Plan and Budget, which includes the 2010/2011 Progress Report, Stakeholder Engagement and Research, and 2011/2012 Work Plan and Budget and Program Summary for the Omaha Downtown Improvement District Association (ODIDA) and levying special tax and assessment on all lots and pieces of real estate within Business Improvement District No. 6874 in the City of Omaha in the Amount of $331,789.96; such assessment shall cover the costs anticipated by the Business Improvement District for March 2011 to February 2012 and contemplated by Ordinance No. 37540 which was approved by the City Council of the City of Omaha on October 3, 2006, and to provide an effective date therein – see attached. (See Doc. # 181 – February 15 and March 1 Meetings) Notice of public hearing on March 1, 2011 published in the Daily Record on February 18, 2011. Ordinance passed on March 8, 2011 published in the Daily Record on March 16, 2011. CCID # 181 – Motion by Stothert that the Special Ordinance be passed Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray SPECIAL ORDINANCE # 10118 PASSED 6-0 (a) Communication from Bernard J. in den Bosch, Assistant City Attorney, re: the Special Ordinance approving the Omaha Downtown Improvement District Association 2011/2012 Work Plan and Budget – over from 3/1/11 – see attached. (See Doc. # 181 – March 1 Meeting) # 181 – From Chair on File - 10 - ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 18 through 22 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 18. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a purchase order to the 3M Company for a price agreement for the purchase of reflective sheeting and plastic pavement marking tapes, considered to be unique and non-competitive and made without bidding in accord with Section 5.16 of the Home Rule Charter, 1956, as amended, for use on the City‟s street system through December 31, 2011; and, that the Finance Department is authorized to pay the cost of reflective sheeting and plastic pavement marking tapes purchased under this Price Agreement, estimated to be $200,000.00, from the Street and Highway Allocation Fund 12131, Traffic Engineering Organizations 116184, 116185 and 116188, year 2011 expenditures – see attached. Motion by Thompson that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Res # 229 – ADOPTED 6-0 19. Res. that the City accepts and the Mayor is authorized to execute the U.S. Department of Housing and Urban Development Lead-based Paint Hazard Control Program Grant Agreement and subsequent amendments required for the successful completion of Grant No. NELHB0479 -10 in the amount of $2,100,000.00 – see attached. Motion by Thompson that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Res # 248 – ADOPTED 6-0 - 11 - 20. Res. that as recommended by the Mayor, the terms of the loan agreement between the City of Omaha and South Omaha Affordable Housing Corporation, subsequently assigned to 4826 South 24 th Street Limited Partnership, and related Deed of Trust and Promissory Note, approved on September 15, 1998, by Resolution No. 2543, and secured by the property located at 4826 South 24th Street are modified to allow the Mayor to accept the present value in the amount of $52,389.14, as calculated by the City of Omaha Finance Department, of the secured loan principal, as payment in full of the debt. Furthermore, the Mayor, or his designee, is hereby authorized to execute a Deed of Reconveyance releasing the Deed of Trust filed with the Douglas County Register of Deeds, in Book 5483 on Page 618, upon receipt of payment of the present value of the debt. This modification of the loan terms becomes effective only upon the sale or transfer of the property. If such sale or transfer does not occur within 12 months of the date of approval of this Resolution, the original terms of the loan will remain in effect until such time as the property is transferred – see attached. Motion by Thompson that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Res # 245 – ADOPTED 6-0 21. Res. that the attached Grant Agreement, as recommended by the Mayor, to provide a Community Development Block Grant (CDBG) in the amount of $29,204.00 as amended by Addendum No. 1 for the rehabilitation and lead reduction work, when applicable, at the property owned and occupied by Arthur L. Thomas and Diane L. Thomas, located at 4024 Charles Street, Omaha, Nebraska 68131, is hereby approved. The contract is to be awarded to GWA, LLC, Cheryl Weston, Member and Authorized Representative. Funds in the amount of $29,204.00 as amended by Addendum No. 1 shall be paid from North Neighborhood Revitalization Strategy Area (NRSA) CDBG Single -Family Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 – see attached. Motion by Thompson that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Res # 241 – ADOPTED 6-0 - 12 - 22. Res. that, as recommended by the Mayor the attached bid of Ed M Feld in the amount of ($597,390) for the purchase of three (3) Fire Rescue/Ambulances for the Omaha Fire Department is hereby approved, and the Finance Department is authorized to pay the cost of such purchase from Omaha Fire Department, 2006 Public Safety Bond, Fund No. 13297, 2011 Issuance, Organization 114512, Account Code 45218 – see attached. Scott Baughman, Assistant Chief, Fire Department, appeared and spoke. Motion by Thompson that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Res # 230 – ADOPTED 6-0 (a) Document submitted by Warren Weaver, City Council Chief of Staff, re: the purchase of three (3) Fire Rescue/Ambulances for the Omaha Fire Department – see attached. # 230 – From Chair on File ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCES ON FINAL READING 23. Spec. Ord. levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha – Group No: 2011-1 – see attached. ((PUBLIC HEARING HELD 3/1/11 – CAN BE PASSED TODAY)) (See Doc. # 164 – February 15 and March 1 Meetings) Notice of public hearing on March 1, 2011 published in the Daily Record on February 18, 2011. Ordinance passed on March 8, 2011 published in the Daily Record on March 16, 2011. CCID # 164 – Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray SPECIAL ORDINANCE # 10119 PASSED AS AMENDED 6-0 - 13 - (a) Amendment requested by the Parks, Recreation and Public Property Department – see attached. # 164 – Motion by Jerram that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 24. Spec. Ord. levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18 -21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha – Group No: 2011-2 – see attached. ((PUBLIC HEARING HELD 3/1/11 – CAN BE PASSED TODAY)) (See Doc. # 165 – February 15 and March 1 Meetings) Notice of public hearing on March 1, 2011 published in the Daily Record on February 18, 2011. Ordinance passed on March 8, 2011 published in the Daily Record on March 16, 2011. CCID # 165 – Motion by Thompson that the Special Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray SPECIAL ORDINANCE # 10120 PASSED AS AMENDED 6-0 (a) Amendment requested by the Parks, Recreation and Public Property Department – see attached. # 165 – Motion by Thompson that the Amendment be approved Seconded by Festersen ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 - 14 - 25. Spec. Ord. levying a special tax assessment for the removal of litter in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha – Group No: 2011-3 – see attached. ((PUBLIC HEARING HELD 3/1/11 – CAN BE PASSED TODAY)) (See Doc. # 166 – February 15 and March 1 Meetings) Notice of public hearing on March 1, 2011 published in the Daily Record on February 18, 2011. Ordinance passed on March 8, 2011 published in the Daily Record on March 16, 2011. CCID # 166 – Motion by Thompson that the Special Ordinance be PASSED AS AMENDED Seconded by Gernandt ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray SPECIAL ORDINANCE # 10121 PASSED AS AMENDED 6-0 (a) Amendment requested by the Parks, Recreation and Public Property Department – see attached. # 166 – Motion by Thompson that the Amendment be approved Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 26 THROUGH 27 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 26. Ord. to rezone properties located at 4902, 4904 and 4906 Underwood Avenue from R8-High-Density Multiple Family Residential District to NBD-Neighborhood Business District. (See Doc. # 214 – March 1 Meeting) CCID # 214 – ORDINANCE ON SECOND READING – Final reading to be held on March 15, 2011 as per City Charter requirements. - 15 - 27. Ord. to amend Sections 55-46 and 55-764 of the Omaha Municipal Code regarding Day Care Services; to repeal Sections 55-46 and 55-764 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 215 – March 1 Meeting) CCID # 215 – ORDINANCE ON SECOND READING – Final reading to be held on March 15, 2011 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 28. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of improving the 58th Street and NW Radial intersection, project identified as OPW 51536, Federal Project No. MAPA- 5086(1) C.N. 22363; providing that the City negotiate with the property owners for land acquisition, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 216 – March 1 Meeting) Bob Stubbe, Public Works Director, appeared and spoke. CCID # 216 – Public hearing was held today – Final reading set for March 15, 2011 as per City Charter requirements. 29. Ord. approving a Redevelopment Loan Agreement between the City of Omaha and the Piano Building, LLC to implement the Piano Building, LLC Tax Increment Financing (TIF) Redevelopment Plan for the rehabilitation/retrofit and conversion of approximately 14,600 s.f. of the historic Hillcrest Building, now know n as the Piano Building, located at 4900 Dodge Street into ground floor retail space with office space above; to authorize the use of $392,020.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 195 – March 1 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Matt Dougherty, Developer For the City: Bridget Hadley, Planning Department CCID # 195 – Public hearing was held today – Final reading set for March 15, 2011 as per City Charter requirements. - 16 - 30. Ord. to amend Sections 27-142, 27-149, and 27-154 of the Omaha Municipal Code regarding the city naming committee and commemorative renamings and criteria; to repeal Sections 27-142, 27-149, and 27-154 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 217 – March 1 Meeting) CCID # 217 – Public hearing was held today – Final reading set for March 15, 2011 as per City Charter requirements. 31. Ord. approving the attached Agreement between the City of Omaha and Heartland Workforce Solutions, Inc., a non-profit corporation, for 17,450 square feet of leased space located at the Blue Lion Centre, 2421 -23 North 24th Street, Omaha, Nebraska for the Workforce Investment Act (WIA) in the monthly amount of $14,541.67 for the period of April 1, 2011 through December 31, 2011 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 243 – March 1 Meeting) Reverend Howard Dotson, 610 South 32nd Avenue, appeared and spoke. CCID # 243 – Public hearing was held today – Final reading set for March 15, 2011 as per City Charter requirements. 32. Ord. approving an Agreement between the City of Omaha, [the Mayor as the designated Chief Elected Official of the Tri-County Workforce Area, which includes Douglas, Sarpy and Washington Counties], and Heartland Workforce Solutions, Inc., a non-profit corporation; said agreement involving appropriations out of more than one year as provided by Section 5.17 of the Home Rule Charter; to agree that Heartland Workforce Solutions, Inc. will provide the delivery of Title I Adult/Dislocated Worker and Youth services in the Tri-County Workforce Investment Area for a term of five years beginning on April 1, 2011 – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 244 – March 1 Meeting) Reverend Howard Dotson, 610 South 32nd Avenue, appeared and spoke. CCID # 244 – Public hearing was held today – Final reading set for March 15, 2011 as per City Charter requirements. - 17 - APPEAL RE: BID REJECTION 33. Mark Santo, representing Mark VII Enterprises, Inc., appeals the rejection of their bid of February 16, 2011 for the OPW 52130-SP - Fire Station #42 Generator Installation – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO ALLOW OR DENY THE APPEAL, AND IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Mark Santo, President, Mark VII Enterprises, Inc. For the City: Bob Stubbe, Public Works Director CCID # 240 – Motion by Thompson that the bid rejection appeal be denied Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 34 THROUGH 38 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 34. Ord. to rezone property located Southwest of South HWS Cleveland Boulevard and Blue Sage Parkway from R6-Low Density Multiple Family Residential District to DR-Development Reserve District. CCID # 249 – Publication to be made and public hearing and third reading to be held on March 22, 2011 as per City Charter requirements. 35. Ord. to rezone property located Southwest of South HWS Cleveland Boulevard and Blue Sage Parkway from R6-Low Density Multiple Family Residential District to R4-Single Family Residential District (High Density). CCID # 250 – Publication to be made and public hearing and third reading to be held on March 22, 2011 as per City Charter requirements. - 18 - 36. Ord. to rezone property located Southwest of South HWS Cleveland Boulevard and Blue Sage Parkway from R6-Low Density Multiple Family Residential District to R6-Low Density Multiple Family Residential District. CCID # 251 – Publication to be made and public hearing and third reading to be held on March 22, 2011 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of South HWS Cleveland Boulevard and Blue Sage Parkway from R6 to DR, R4 and R6 – see attached. # 251 – Over to 03/22/11 37. Ord. to amend Sections 55-652, 55-658 and 55-659 of the Omaha Municipal Code; to correct a typographical error; to clarify the permitted uses in the flood fringe overlay district; to add the Campground use type in the floodway overlay district regulations; to repeal Sections 55-652, 55-658 and 55-659 as heretofore existing; and to provide the effective date thereof – see attached. CCID # 231 – Publication to be made and public hearing and third reading to be held on March 22, 2011 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of an amendment to Sections 55-652, 55-658 and 55-659 of the Omaha Municipal Code regarding the FF-Flood Fringe Overlay District and Floodway Overlay District – see attached. # 231 – Over to 03/22/11 38. Ord. to amend Section 55-822 of the Omaha Municipal Code regarding bulletin boards; to repeal Section 55-822 as heretofore existing; and to provide the effective date thereof – see attached. CCID # 232 – Publication to be made and public hearing and third reading to be held on March 22, 2011 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of an amendment to Section 55-822 of the Omaha Municipal Code regarding bulletin boards – see attached. # 232 – Over to 03/22/11 * * * * * * * * * * * * * - 19 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 39 THROUGH 41 SHALL BE HELD ON THE SECOND READING” ORDINANCE ON FIRST READING and Planning Board Attachment 39. Ord. vacating a triangular portion of Chicago Street located between 11th and 12th Streets, adjacent to the Hilton Hotel, in the City of Omaha and providing the effective date hereof – see attached. CCID # 233 – Publication to be made and public hearing to be held on March 15, 2011 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the vacation of a triangular portion of Chicago Street located between 11th and 12th Streets – Inside City – see attached. # 233 – Over to 03/15/11 ORDINANCES ON FIRST READING 40. Ord. to provide for approving a contract, involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter with Douglas County, Nebraska, to assist in payment of the County‟s Victim Witness program; and to provide for the effective date hereof – see attached. CCID # 234 – Publication to be made and public hearing to be held on March 15, 2011 as per City Charter requirements. 41. Ord. to approve Agreements between the City of Omaha and YWCA Omaha in the amount of seventy one thousand and seventy five dollars ($71,075) and between the City of Omaha and Family Housing Advisory Services, Inc in the amount of one hundred sixty eight thousand nine hundred and twe nty five dollars ($168,925) to provide funding for transitional housing services to domestic violence victims in Omaha; to authorize funding for such agreements from the FY 2010 Office on Violence Against Women (OVW) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence and Stalking Program #2010-WH-AX-0026, Fund 12152, Organization 130767; and 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, to provide for the effective date hereof – see attached. CCID # 242 – Publication to be made and public hearing to be held on March 15, 2011 as per City Charter requirements. * * * * * * * * * * * * * - 20 - CHAIRMAN OF THE BOARD OF EQUALIZATION 42. Chairman of the Board of Equalization reports approval of Plans of Assessment with adjustments made at their regular meeting held March 1, 2011 – see attached. CCID # 253 – Motion by Thompson to approve Seconded by Gernandt ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 EXECUTIVE SESSION 43. CCID # 296 - Motion by Jerram to go into Executive Session at 2:27 P.M. for the purpose of discussing cable television contract negotiations only Seconded by Gernandt ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Absent: Gray Motion Carried 6-0 CITY COUNCIL PRESIDENT GERNANDT STATED THAT THE CITY COUNCIL IS GOING INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING CABLE TELEVISION CONTRACT NEGOTIATIONS ONLY CCID # 297 – Motion by Stothert to come out of Executive Session at 4:04 P.M. Seconded by Mulligan ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Mr. President Absent: Gray Motion Carried 6-0 CITY COUNCIL PRESIDENT GERNANDT STATED THAT WHILE IN EXECUTIVE SESSION THE CITY COUNCIL DISCUSSED CABLE TELEVISION CONTRACT NEGOTIATIONS ONLY - 21 - Motion by Festersen that the meeting be adjourned Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Gray Motion Carried 6-0 ADJOURNED: 4:04 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 March 8, 2011. WITNESS: _________________________________ _______________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 10th DAY OF MARCH, 2011, WITH THE EXCEPTION OF ORDINANCE NO. 38956, WHICH WAS PRESENTED TO MAYOR JIM SUTTLE ON THE 8TH DAY OF MARCH, 2011. .