2010-05-18j16th REGULAR OMAHA CITY COUNCIL MEETING
MAY 18, 2010
THE CITY COUNCIL met in Regular Session on Tuesday, May 18, 2010 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 # 588 – Present: Jerram, Mulligan, Stothert, Thompson, Festersen,
Gray, 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 May 14, 2010, notice re: Pre-Council and Regular City Council
Meetings, May 18, 2010.
CCID # 589 – From Chair on File
A current copy of the Open Meeting Act is posted in a white binder on the east
wall of the Legislative Chambers.
WHENEVER ANY PERSON HAS BEEN INVITED TO SPEAK, OR HAS BEEN GRANTED THE OPPORTUNITY OF SPEAKING
BEFORE THE COUNCIL DURING A HEARING, EACH PERSON WILL BE REQUESTED TO BE BRIEF, AND TO LIMIT HIS OR
HER PRESENTATION TO TEN MINUTES. WHEN MORE THAN ONE PERSON WISHES TO ADDRESS THE COUNCIL ON A
GIVEN QUESTION, THE PROPONENTS WILL BE GIVEN THE OPPORTUNITY OF FIRST ADDRESSING THE COUNCIL. THE
OPPONENTS OF THE QUESTION WILL BE GIVEN THE OPPORTUNITY TO SPEAK AFTER THE PROPONENTS'
PRESENTATION. THE PROPONENTS WILL BE GIVEN A BRIEF PERIOD FOR REBUTTAL OF ANY NEW MATERIAL
INTRODUCED DURING THE OPPONENT'S PRESENTATION, AFTER WHICH THE PUBLIC HEARING WILL BE CONCLUDED.
IT IS CITY COUNCIL PROCEDURE THAT EACH SIDE RECEIVE TWENTY MINUTES FOR THEIR PRESENTATION.
COUNCILMEMBERS WILL ASK QUESTIONS AT THE CONCLUSION OF THE PUBLIC HEARING.
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RECONSIDERATION
5. Motion by Thompson to reconsider CCID No. 284 of March 16, 2010, being Sage
Restaurant Manager, LLC, dba “Holiday Inn – Omaha Central I-80”, 3321 South
72nd Street, requests permission to appoint Timothy J. Darby manager of their
present Class “C/K” Liquor License, with roll call on May 18, 2010 – over from
5/11/10 for roll call on reconsideration – see attached. ((IF RECONSIDERED,
ACTION CAN BE TAKEN TODAY))
(See Doc. # 284 – March 16 and May 11 Meetings)
CCID # 284 – ROLL CALL on reconsideration
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Roll Call on Reconsideration Carried 7-0
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Tim Darby, Holiday Inn, 3321 South 72nd St
For the City: Buster Brown, City Clerk
CCID # 284 – Motion by Gray that the request be approved
Seconded by Gernandt
ROLL CALL:
Yeas: Jerram, Mulligan, Thompson, Festersen, Gray, Mr. President
Nay: Stothert
Motion Carried 6-1
(a) Communications supporting the request of Sage Restaurant
Manager, LLC, dba “Holiday Inn – Omaha Central I-80”, 3321
South 72nd Street, to appoint Timothy J. Darby manager of their
present Class “C/K” Liquor License – see attached.
# 284 – From Chair on File
ZONING ORDINANCES ON FINAL READING and Planning Board Attachments
6. Ord. to rezone property located Northeast of 180th and Pacific Streets from AG-
Agricultural District and MU-Mixed Use District to MU-Mixed Use District.
((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 545 – May 4 and May 11 Meetings)
Notice of public hearing on May 18, 2010 published in the Daily Record on
May 7, 2010. Ordinance passed on May 18, 2010 published in the Daily
Record on May 26, 2010.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Dennis Hogan, Regency Center, appeared and spoke on behalf of
the applicant
For the City: Bob Stubbe, Public Works Director
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CCID # 545 – Motion by Thompson that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
ORDINANCE # 38731 PASSED 7-0
(a) Planning Board and Planning Department recommend approval of
a request to rezone property located Northeast of 180th and Pacific
Streets from AG and MU to MU – see attached.
(See Doc. # 545 – May 4 Meeting)
# 545 – From Chair on File
7. Ord. to approve a Mixed Use Development Agreement for property located
Northeast of 180th and Pacific Streets between the City of Omaha and Hy-Vee,
Inc., providing site development standards; and to provide for an effective date –
see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY))
(See Doc. # 548 – May 4 and May 11 Meetings)
Notice of public hearing on May 18, 2010 published in the Daily Record on
May 7, 2010. Ordinance passed on May 18, 2010 published in the Daily
Record on May 26, 2010.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Dennis Hogan, Regency Center, appeared and spoke on behalf of
the applicant
For the City: Bob Stubbe, Public Works Director
CCID # 548 – Motion by Thompson that the Ordinance be passed
Seconded by Festersen
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
ORDINANCE # 38732 PASSED 7-0
8. Res. that the replat transmitted herewith entitled PACIFIC SPRINGS PLACE
located Northeast of 180th and Pacific Streets, is hereby approved, and
concurrently a portion of the existing plat entitled Pacific Springs Replat 3, and
described on said replat, is hereby vacated – Outside City – over from 5/4/10 –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 546 – May 4 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Dennis Hogan, Regency Center, appeared and spoke on behalf of
the applicant
For the City: Bob Stubbe, Public Works Director
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Motion by Thompson that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 546 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the final plat of PACIFIC SPRINGS PLACE located Northeast of
180th and Pacific Streets – Outside City – over from 5/4/10 – see
attached.
(See Doc. # 546 – May 4 Meeting)
# 546 – From Chair on File
9. Res. that the Subdivision Agreement between the City of Omaha and Hy-Vee,
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 Pacific Springs Place (Lots 1-8 and Outlots
“A” and “D”) and is located northeast of 180th & Pacific Streets – over from 5/4/10
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
(See Doc. # 547 – May 4 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Dennis Hogan, Regency Center, appeared and spoke on behalf of
the applicant
For the City: Bob Stubbe, Public Works Director
Motion by Thompson that the Resolution be adopted
Seconded by Festersen
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 547 – ADOPTED 7-0
RESOLUTIONS RE: PRELIMINARY PLAT AND PLATS
10. Res. that the replat transmitted herewith entitled SHANNON HEIGHTS located
Southeast of 19th and Locust Streets, is hereby approved, and concurrently a
portion of the existing plats entitled Millard and Caldwell’s Addition, Hamilton
Square and Ures Subdivision, and described on said replat, are hereby vacated
– Inside City – over from 5/4/10 for publication and public hearing – had
publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED
TODAY))
(See Doc. # 517 – May 4 Meeting)
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Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 517 – ADOPTED 7-0
(a) Planning Board and Planning Department recommend approval of
the Final Plat of SHANNON HEIGHTS located Southeast of 19th
and Locust Streets – Inside City – over from 5/4/10 – see attached.
(See Doc. # 517 – May 4 Meeting)
# 517 – From Chair on File
“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD JUNE 1, 2010
AGENDA ITEM NOS. 11 THROUGH 12
SHALL BE LAID OVER THREE WEEKS TO JUNE 8, 2010”
11. Res. that the preliminary plat entitled LOGEMAN’S ADDITION located at 7240
North 144th Street is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized – Outside City – see attached.
CCID # 599 – Over three weeks to June 8, 2010 pursuant to City Council Rule
VII H.
(a) Planning Board and Planning Department recommend approval of
the preliminary plat of LOGEMAN’S ADDITION located at 7240
North 144th Street – Outside City – see attached.
# 599 – Over to 06/08/10
12. Res. that the plat entitled LOGEMAN’S ADDITION located at 7240 North 144th
Street is hereby approved and accepted – Outside City – see attached.
CCID # 600 – Over three weeks to June 8, 2010 pursuant to City Council Rule
VII H.
(a) Planning Board and Planning Department recommend approval of
the final plat of LOGEMAN’S ADDITION located at 7240 North
144th Street – Outside City – see attached.
# 600 – Over to 06/08/10
* * * * * * * * * * * * *
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RESOLUTION RE: KENO
13. Res. that, in accordance with the Lottery Operator's Agreement with the City of
Omaha, EHPV Lottery Services, LLC. is granted approval to operate a Big Red
satellite keno location at Brunettes Bistro & Cunninghams Pub, 2101 N. 120th
Street, 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 Stothert that the Resolution be adopted
Seconded by Gray
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 590 – ADOPTED 7-0
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. 14 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
14. Res. that, as recommended by the Mayor, the contract with Premier
Development for OPW 51931, being New Sidewalk Construction and Sidewalk
Repair at Various Locations in the Southeast Quadrant of the City of Omaha
(from the Missouri River west to 72nd Street between the South side of Dodge
Street and Harrison Street), in the amount of $52,598.00 is hereby approved; and
that the Finance Department is authorized to pay this cost from the 2006
Transportation Fund 13182, 2010 Issue Transportation Bonds Organization
117115 in the amount of $26,299.00 and from the Capital Special Assessment
Fund 13573, Special Assessment Organization 116168 in the amount of
$29,299.00, year 2010 expenditures – see attached.
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Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 591 – ADOPTED 7-0
15. Res. that, as recommended by the Mayor, the contract with Envirosolve, Inc. for
OPW 51340, being Household Hazardous Waste Transportation and Disposal be
extended through August 31, 2011; and, that the Finance Department is
authorized to make payments to Envirosolve, Inc. at the original bid price of
$96,254.00 from the Chemical Disposal Fund 21129, Household Hazardous
Waste Facility Organization 116925 – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 592 – ADOPTED 7-0
16. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to
issue a Purchase Order to Midwest Laboratories for testing of wastewater
samples at the various Wastewater Treatment Plants in the amount of
$21,162.00; and that the Finance Department is authorized to pay this cost from
the Sewer Revenue Fund 21121, Laboratory Services Organization 116718 in
the amount of $10,983.08; Combined Sewer Overflow Organization 116714 in
the amount of $444.40; Wastewater Monitoring Code Enforcement &
Pretreatment Organization 116712 in the amount of $1,650.64 and from the
Storm Water Fee Revenue Fund 12128, Storm Water Management Organization
116312 in the amount of $8,083.88, year 2010 expenditures – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 593 – ADOPTED 7-0
17. Res. that, as recommended by the Mayor, the payment to DLT Solutions, Inc. of
the annual license fees for the use of the “AutoCAD” computerized design
package to be used in the Public Works Department Design Engineering
Division, is hereby approved; and that, the Finance Department is authorized to
pay $20,948.39, for the use of the “AutoCAD” design software package for the
next year, which will be paid from the Street and Highway Allocation Fund
12131, Design Engineering Organization 116132, year 2010 expenditure – see
attached.
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Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 594 – ADOPTED 7-0
18. Res. that the attached contract with Daedalus Construction for OPW 51949-PD,
SP South 24th Street Streetscape, Phase V Project for streetscape improvements
on South 24th between “L” and “Q” Streets in the amount of $566,319.69 is
hereby approved and the Finance Department is authorized to pay $566,319.69
payable in the amount of $250,000.00 from the 2006 Street and Highway Bond,
Fund No. 13182, Organization No. 117111 and in the amount of $316,319.69
from the 2010 Community Development Block Grant Fund 12186, Organization
129133 – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 595 – ADOPTED 7-0
19. Res. that, as recommended by the Mayor, the attached Agreement between the
City of Omaha and the League of Human Dignity, Inc., a Nebraska Non-profit
Corporation, 5513 Center Street, Omaha, Nebraska 68106, in the amount of
$144,943.62 comprised of $100,000.00 in FY 2010 and $44,943.62 in FY 2009
carryover funds for barrier removal services for 20 housing units within the city
limits of the City of Omaha for the period from January 1, 2010, through
December 31, 2010, is hereby approved. Funds shall be paid from the
Community Development Block Grant, Fund No. 12186, Organization No.
129118, Barrier Removal – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 596 – ADOPTED 7-0
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20. Res. that, as recommended by the Mayor, the purchase from MinXray, a qualified
sole source vendor, in the amount of seventy-four thousand, five hundred and
fifty-eight dollars ($74,558.00) for one (1) Vertex Radiographic Imaging System
to be used by the Omaha Metropolitan Medical Response System to eliminate a
gap in planning for the deceased identification process during a major event is
hereby approved. Further that, the Finance Department of the City of Omaha is
authorized to pay MinXray seventy-four thousand, five hundred and fifty-eight
dollars ($74,558.00) for one (1) Vertex Radiographic Imaging System, funded by
the Nebraska Department of Health and Human Services Bioterrorism
Preparedness Program/H1N1 Healthcare Improvements Grant, Grant Award #
U3REP090231-01-00/U3REP090174-01-00, Fund 12168, Organization 130757 –
see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 602 – ADOPTED 7-0
21. Res. that, as recommended by the Mayor this Council does hereby approve the
acceptance of the grant award NOHS-10-27 in the amount of twenty-five
thousand eight-hundred forty-eight dollars and twenty-five cents ($25,848.25)
from the State of Nebraska Department of Motor Vehicles, Nebraska Office of
Highway Safety to the Omaha Police Department; to be used for direct
reimbursement for overtime salaries and mileage for participation in Selective
Traffic Enforcement, May 1, 2010 to September 30, 2010, aimed at promoting
motorcycle safety in the Omaha metro area – see attached.
Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 603 – ADOPTED 7-0
22. Res. that, as recommended by the Mayor this Council does hereby approve the
acceptance of the grant award #NOHS-405-10-8 in the amount of twenty-six
thousand eight hundred seventy-six dollars ($26,876.00) from the State of
Nebraska Department of Motor Vehicles, Nebraska Office of Highway Safety to
the Omaha Police Department; to be used for direct reimbursement for overtime
salaries and mileage for participation in “Click it or Ticket” Selective Traffic
Enforcement aimed at increasing seatbelt use in the Omaha metro area during
the period of May 24, 2010 to June 6, 2010 – see attached.
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Motion by Gray that the Resolution be adopted
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 604 – ADOPTED 7-0
((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE
ADOPTED))
* * * * * * * * * * * * *
COUNCIL PRESIDENT GERNANDT STEPS DOWN FROM THE CHAIR
COUNCIL VICE-PRESIDENT THOMPSON TAKES THE CHAIR
ORDINANCE ON FINAL READING
23. Ord. to amend sections 23-403, 23-408, 23-434, 23-435, 23-464, 23-465, 23-
490, 23-491, 23-514, and 23-546 of Chapter 23 of the Omaha Municipal Code; to
eliminate a maximum on benefits for chemical dependency; to provide retirees
who have retired on service or disability retirements from police, police
management, fire, fire management, functional, CMPTEC, AEC, or Local 251
employee groups, respectively, the same health benefits as current police, police
management, fire, fire management, functional, CMPTEC, AEC, and Local 251
employees; to provide for the payment of a premium by such retirees; to add a
new section numbered 23-410 to provide for health care coverage for disability
retirees from Local 251; to eliminate redundant sections; to repeal sections 23-
403, 23-408, 23-434, 23-435, 23-464, 23-465, 23-490, 23-491, 23-514, and 23-
546 of Chapter 23 of the Omaha Municipal Code as heretofore existing; and to
provide an effective date – see attached. ((PUBLIC HEARING HELD 5/11/10 –
CAN BE PASSED TODAY))
(See Doc. # 553 – May 4 and May 11 Meetings)
Notice of public hearing on May 11, 2010 published in the Daily Record on
May 7, 2010. Ordinance passed on May 18, 2010 published in the Daily
Record on May 26, 2010.
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponent: Brett Young, Blue Cross Blue Shield of Nebraska
For the City: Richard O’Gara, Human Resources Director
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CCID # 553 – Ordinance read
(a) Amendment of the Whole requested by the Administration – over
from 5/11/10 – see attached.
(See Doc. # 553 – May 11 Meeting)
CCID # 553 – Motion by Gray that the Amendment of the Whole be
PASSED AS AMENDED
Seconded by Mulligan
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Festersen, Gray, Mr. President
Pass: Gernandt
CITY CLERK CALLS THE ROLL AGAIN:
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Festersen, Gray, Mr. President
Pass: Gernandt
ORDINANCE # 38733 PASSED AS AMENDED 6-0-1 Pass
(b) Documentation submitted by Jack Cheloha, City Lobbyist, re:
Ordinance to amend sections 23-403, 23-408, 23-434, 23-435, 23-
464, 23-465, 23-490, 23-491, 23-514 and 23-546 of Chapter 23 of
the Omaha Municipal Code – over from 5/11/10 – see attached.
(See Doc. # 553 – May 11 Meeting)
# 553 – From Chair on File
(c) Communications opposing the Ordinance to amend sections 23-
403, 23-408, 23-434, 23-435, 23-464, 23-465, 23-490, 23-491, 23-
514 and 23-546 of Chapter 23 of the Omaha Municipal Code – over
from 5/11/10 – see attached.
(See Doc. # 553 – May 11 Meeting)
# 553 – From Chair on File
(d) Communications supporting the Ordinance to amend sections 23-
403, 23-408, 23-434, 23-435, 23-464, 23-465, 23-490, 23-491, 23-
514 and 23-546 of Chapter 23 of the Omaha Municipal Code – over
from 5/11/10 – see attached.
(See Doc. # 553 – May 11 Meeting)
# 553 – From Chair on File
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(e) Document submitted by Richard O’Gara, Human Resources
Director, supporting the Ordinance to amend sections 23-403, 23-
408, 23-434, 23-435, 23-464, 23-465, 23-490, 23-491, 23-514 and
23-546 of Chapter 23 of the Omaha Municipal Code – over from
5/11/10 – see attached.
(See Doc. # 553 – May 11 Meeting)
# 553 – From Chair on File
(f) Document submitted by David Nabity, representing Omaha Alliance
for the Private Sector, supporting the Ordinance to amend sections
23-403, 23-408, 23-434, 23-435, 23-464, 23-465, 23-490, 23-491,
23-514 and 23-546 of Chapter 23 of the Omaha Municipal Code –
over from 5/11/10 – see attached.
(See Doc. # 553 – May 11 Meeting)
# 553 – From Chair on File
(g) Document submitted by Jim Monaghan supporting the Ordinance to
amend sections 23-403, 23-408, 23-434, 23-435, 23-464, 23-465,
23-490, 23-491, 23-514 and 23-546 of Chapter 23 of the Omaha
Municipal Code – over from 5/11/10 – see attached.
(See Doc. # 553 – May 11 Meeting)
# 553 – From Chair on File
(h) Book submitted by Patrick Rinn in support of the Ordinance to
amend sections 23-403, 23-408, 23-434, 23-435, 23-464, 23-465,
23-490, 23-491, 23-514 and 23-546 of Chapter 23 of the Omaha
Municipal Code – over from 5/11/10 – see attached.
(See Doc. # 553 – May 11 Meeting)
# 553 – From Chair on File
(i) Document submitted by George Forst opposing the Ordinance to
amend sections 23-403, 23-408, 23-434, 23-435, 23-464, 23-465,
23-490, 23-491, 23-514 and 23-546 of Chapter 23 of the Omaha
Municipal Code – over from 5/11/10 – see attached.
(See Doc. # 553 – May 11 Meeting)
# 553 – From Chair on File
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(j) Communication from Warren Weaver, City Council Chief of Staff,
re: the Proposed Retiree Health Premiums – see attached.
# 553 – From Chair on File
COUNCIL VICE-PRESIDENT THOMPSON STEPS DOWN FROM THE CHAIR
COUNCIL PRESIDENT GERNANDT TAKES THE CHAIR
“PURSUANT TO CITY COUNCIL RULE VII D
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 24 THROUGH 26
SHALL BE HELD ON THE THIRD READING”
ZONING ORDINANCES ON SECOND READING
24. Ord. to amend Section 55-163 of the Omaha Municipal Code regarding permitted
uses in the R3-Single Family Residential District (Medium Density); to repeal
Section 55-163 as heretofore existing; and to provide the effective date thereof –
see attached.
(See Doc. # 572 – May 11 Meeting)
CCID # 572 – ORDINANCE ON SECOND READING – Final reading to be held
on May 25, 2010 as per City Charter requirements.
25. Ord. to amend Section 55-201 of the Omaha Municipal Code regarding the
Urban Family Residential District; to repeal Section 55-201 as heretofore
existing; and to provide the effective date thereof – see attached.
(See Doc. # 573 – May 11 Meeting)
CCID # 573 – ORDINANCE ON SECOND READING – Final reading to be held
on May 25, 2010 as per City Charter requirements.
26. Ord. to amend Section 55-212 of the Omaha Municipal Code regarding Special
Use Permit uses in the R-WRN Walkable Residential Neighborhood District; to
repeal Section 55-212 as heretofore existing; and to provide the effective date
thereof – see attached.
(See Doc. # 574 – May 11 Meeting)
CCID # 574 – ORDINANCE ON SECOND READING – Final reading to be held
on May 25, 2010 as per City Charter requirements.
* * * * * * * * * * * * *
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ORDINANCES ON SECOND READING
27. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the
necessary private property for the purpose of constructing Mercy Road from 73rd
Street to 78th Street, paving, grading, storm sewer and signal improvements,
project identified as OPW 51398; 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. # 575 – May 11 Meeting)
CCID # 575 – Public hearing was held today - Final reading set for May 25, 2010
as per City Charter requirements.
28. Ord. to approve and authorize payment to HP Financial Services for the lease of
171 new HP Compaq Elite 8000 personal computers, and 4 HP 8530P laptop
computers, by the Omaha Public Library 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; to authorize the
lease payments in the amount of $40,135.28 annually be paid from a specific
account; and to provide an effective date – see attached. ((PUBLIC HEARING
TODAY))
(See Doc. # 576 – May 11 Meeting)
CCID # 576 – Public hearing was held today - Final reading set for May 25, 2010
as per City Charter requirements.
29. Ord. to approve the acceptance of and authorizing payment over one fiscal year
from a contract between the City of Omaha and the Douglas County Health
Department in the total amount of $469,528, during the award period of April 1,
2010 to March 18, 2012, to provide funding to the City of Omaha to support the
Mayor’s Office, Greater Omaha After School Alliance (GOASA) ($78,020) to
provide professional development training to after school program providers in
the area of physical activity and wellness, and the Planning Department
($391,508) to update the transportation element of the City’s Master Plan; to
authorize the Mayor of the City of Omaha to sign and the City Clerk of the City of
Omaha to attest any document related to the approval of the contract; and to
authorize payment from such 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. # 577 – May 11 Meeting)
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CCID # 577 – Public hearing was held today - Final reading set for May 25, 2010
as per City Charter requirements.
30. Ord. to approve an Agreement between the City of Omaha and Raymond Fidone
in the amount of seventy three thousand two hundred and sixteen dollars
($73,216) to serve as the Project Safe Neighborhood Coordinator, a law
enforcement consultant to the Omaha Police Department, the Metro Drug Task
Force and the United States Attorney’s Office; to authorize funding for such
agreement from the 2009 American Recovery and Reinvestment Act Byrne
Justice Assistance Grant, #09-DX-9010, Fund 17118, Organization 117743; 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. ((PUBLIC HEARING
TODAY))
(See Doc. # 585 – May 11 Meeting)
CCID # 585 – Public hearing was held today - Final reading set for May 25, 2010
as per City Charter requirements.
31. Ord. to approve and authorize the execution of an Amendment to Agreement
("Amendment") between the City of Omaha, a municipal corporation, and the
Omaha Zoological Society, a Nebraska nonprofit corporation, amending an
Agreement dated the 8th day of September, 1964, 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; to
provide for the payment to the Omaha Zoological Society for services rendered
to the City of Omaha for the improvement and operation of the Henry Doorly Zoo
(the "Zoo") for the calendar years 2011, 2012, 2013, 2014, 2015, 2016, 2017,
2018, 2019 and 2020 (the "Amendment Term"); to provide conceptual approval
for continued funding for 2021 through 2030; and to provide the effective date
hereof – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 586 – May 11 Meeting)
THE FOLLOWING PERSONS APPEARED AND SPOKE:
Proponents: Dennis Pate, Omaha Henry Doorly Zoo, 3701 South 10th Street
John Boyer, President, Omaha Zoological Society, 500 Energy
Plaza
Protestant: Vic Stanish, 11815 Oakair Plaza
For the City: Pam Spaccarotella, Finance Director
Paul Kratz, City Attorney
Warren Weaver, City Council Chief of Staff
CCID # 586 – Public hearing was held today - Final reading set for May 25, 2010
as per City Charter requirements.
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32. Ord. approving the Eleventh Supplemental Agreement among the City of
Omaha, the County of Douglas and the Omaha/Douglas Public Building
Commission to provide for the issuance of new bonds in an aggregate principal
amount not to exceed ten million dollars ($10,000,000) for refurbishment,
reconstruction and improvements to the Civic Center and the Hall of Justice; to
determine the division of responsibility for the payment of the new bonds; and to
provide for an effective date – see attached. ((PUBLIC HEARING TODAY))
(See Doc. # 587 – May 11 Meeting)
Paul Cohen, Administrator, Omaha Douglas Building Commission, appeared and
spoke.
CCID # 587 – Public hearing was held today - Final reading set for May 25, 2010
as per City Charter requirements.
RESOLUTIONS
33. Res. that, the Mayor is authorized to sign the attached Settlement Agreement
including the litigation identified as City v. Tract No. 1 (Ferguson Enterprises of
Kansas Inc.), Doc. 1092 Page 647; and City v. Tract No. 2 (Ferguson Enterprises
of Kansas Inc.), Doc. 1092 Page 646 in a lawful manner by payment to Ferguson
Enterprises in the amount of ninety thousand dollars ($90,000); and, that the
Finance Department issue such warrant as necessary to satisfy the Settlement
Agreement with such funds to be paid from Pinnacle Site, Fund 13448,
Organization 131601 – see attached. ((PUBLIC HEARING TODAY – CAN BE
ADOPTED TODAY))
Motion by Gray that the Resolution be adopted
Seconded by Mulligan
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 597 – ADOPTED 7-0
34. Res. that the City of Omaha enters into an international Sister City relationship
with the City of Yantai, Shandong Province of the People’s Republic of China,
and that representatives of the City of Omaha and the Omaha Sister Cities
Association are encouraged to complete a formal agreement in the year 2010 –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Gray that the Resolution be adopted
Seconded by Mulligan
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 608 – ADOPTED 7-0
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“PURSUANT TO CITY COUNCIL RULE VII H
DUE TO NO MEETING BEING HELD JUNE 1, 2010
THE THIRD READING AND PUBLIC HEARING ON AGENDA ITEM NO. 36
SHALL BE HELD ON JUNE 8, 2010”
ZONING ORDINANCE ON FIRST READING and Planning Board Attachment
35. Ord. to rezone property located at 7240 North 144th Street from AG-Agricultural
District to DR-Development Reserve District.
CCID # 598 – Publication to be made and public hearing and third reading to be
held on June 8, 2010 pursuant to City Council Rule VII H.
(a) Planning Board and Planning Department recommend approval of
the request to rezone property located at 7240 North 144th Street
from AG to DR – see attached.
# 598 – Over to 06/08/10
* * * * * * * * * * * * *
“PURSUANT TO CITY COUNCIL RULE VII C
THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 36 THROUGH 37
SHALL BE HELD ON THE SECOND READING”
ORDINANCES ON FIRST READING
36. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the
necessary private property for the purpose of the 16th & Grace Street combined
sewer reconstruction, project identified as OPW 51971; 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.
CCID # 601 – Publication to be made and public hearing to be held on May 25,
2010 as per City Charter requirement.
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37. Ord. to provide janitorial cleaning service for the following north library facilities:
Milton R. Abrahams Branch, Benson Branch, Bess Johnson Elkhorn Branch,
Florence Branch, A. V. Sorensen Branch, and Charles B. Washington Branch;
and the following south library facilities: W. Dale Clark (Main) Library, Millard
Branch, W. Clark Swanson Branch, and Willa Cather Branch; and to provide an
effective date – see attached.
CCID # 607 – Publication to be made and public hearing to be held on May 25,
2010 as per City Charter requirement.
* * * * * * * * * * * * *
EXECUTIVE SESSION
38. CCID # 639 - Motion by Gray to go into Executive Session at 3:36 P.M. for the
purpose of discussing labor negotiations
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Motion Carried 7-0
CITY COUNCIL PRESIDENT GERNANDT STATED THAT THE CITY COUNCIL IS
GOING INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LABOR
NEGOTIATIONS ONLY
CCID # 640 – Motion by Gray to come out of Executive Session at 4:19 P.M.
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Motion Carried 7-0
CITY COUNCIL PRESIDENT GERNANDT STATED THAT WHILE IN EXECUTIVE
SESSION THE CITY COUNCIL DISCUSSED LABOR NEGOTIATIONS ONLY
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SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MAY 18, 2010
LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED MAY 17, 2010 AT 2:00 P.M.
ADDITIONAL RESOLUTION
39. Res. that the City Council suggests that the Mayor request each City department
prepare for and submit in writing, on or before the date that the Mayor’s proposed
2011 budget is delivered, two 2011 budget proposals, one with a 5% and one
with a 7.5% reduction, respectively, from the 2010 general fund spending levels –
see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY))
Motion by Jerram that the Resolution be adopted
Seconded by Mulligan
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Res # 609 – ADOPTED 7-0
(a) Communication from Mayor Jim Suttle re: potential budget savings
– see attached.
# 609 – From Chair on File
Motion by Gray that the meeting be adjourned
Seconded by Stothert
ROLL CALL:
Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President
Motion Carried 7-0
ADJOURNED: 4:20 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 May 18th, 2010.
WITNESS:
______________________________ ________________________________
CITY CLERK
THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM
SUTTLE ON THE 20th DAY OF MAY 2010.