Loading...
2010-06-22j20th REGULAR OMAHA CITY COUNCIL MEETING JUNE 22, 2010 THE CITY COUNCIL met in Regular Session on Tuesday, June 22, 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 # 714 – Present: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Thomas M. Mulligan of District No. 7. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on June 18, 2010, notice re: Pre-Council and Regular City Council Meetings, June 22, 2010. CCID # 715 – 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 - ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone the properties located at 1511 and 1515 William Street and 1401 South 16th Street from GI-General Industrial District to R5-Urban Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 682 –June 8 and June 15 Meetings) Notice of public hearing on June 22, 2010 published in the Daily Record on June 11, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Bob Remack, Attorney Tony Plaza, 10545 Adams Drive CCID # 682 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President ORDINANCE # 38750 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone properties located at 1511 and 1515 William Street and 1401 South 16th Street from GI to R5 - see attached. (See Doc. # 682 – June 8 Meeting) # 682 – From Chair on File 6. Ord. to amend Section 55-734 of the Omaha Municipal Code regarding off-street parking for General Retail Sales; to repeal Section 55-734 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 651 –June 8 and June 15 Meetings) Notice of public hearing on June 22, 2010 published in the Daily Record on June 11, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. CCID # 651 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President ORDINANCE # 38751 PASSED 7-0 - 3 - (a) Planning Board and Planning Department recommend approval of an amendment to Section 55-734 of the Omaha Municipal Code regarding off-street parking for General Retail Sales – see attached. (See Doc. # 651 – June 8 Meeting) # 651 – From Chair on File 7. Ord. to amend Section 55-890 of the Omaha Municipal Code regarding off-street parking permits; to repeal Section 55-890 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 684 –June 8 and June 15 Meetings) Notice of public hearing on June 22, 2010 published in the Daily Record on June 11, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. CCID # 684 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President ORDINANCE # 38752 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an amendment to Section 55-890(b) of the Omaha Municipal Code regarding off-street parking permits – see attached. (See Doc. # 684 – June 8 Meeting) # 684 – From Chair on File PLAT AND DEDICATION 8. Plat and Dedication of a triangular piece of land containing approximately 49.1 square feet located adjacent to the property at 4955 South 72nd Street – Inside City – over from 6/8/10 for publication and public hearing – had publication - see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) (See Doc. # 652 – June 8 Meeting) CCID # 652 – Motion by Gray that the Plat and Dedication be approved Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion Carried 7-0 - 4 - (a) Planning Board and Planning Department recommend approval of the Plat and Dedication of a triangular piece of land containing approximately 49.1 square feet located adjacent to the property at 4955 South 72nd Street – Inside City - over from 6/8/10 – see attached. (See Doc. # 652 – June 8 Meeting) # 652 – From Chair on File SPECIAL USE PERMIT – DAY CARE SERVICES (GENERAL) 9. Res. that the Special Use Permit application submitted by Willie B. Johnson for a Major Amendment to a Special Use Permit to allow Day Care (General) in an R4(35)-Single-Family Residential District (High Density) located at 3036 Curtis Avenue, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefore, provided the conditions set out in Exhibit "A" of the above referenced application, and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 5/11/10 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 495 – April 27 and May 11 Meetings) Chad Weaver, Planning Department, appeared and spoke. CCID # 495 – Motion by Gray that the Resolution be laid over one week to June 29, 2010 and continue the public hearing Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion Carried 7-0 (a) Planning Board and Planning Department recommend DENIAL of the request of Willie B. Johnson for a Major Amendment to a Special Use Permit to allow Day Care (General) in an R4(35) District located at 3036 Curtis Avenue – over from 5/11/10 – see attached. (See Doc. # 495 – April 27 and May 11 Meetings) # 495 – Over to 06/29/10 - 5 - COUNCILMEMBER THOMPSON LEAVES THE LEGISLATIVE CHAMBERS SPECIAL USE PERMIT – AUTOMOTIVE SALES 10. Res. that the Special Use Permit application submitted by Reliant Auto Sales, LLC for permission to allow Automotive Sales in a CC-Community Commercial District, located at 20507 Nicholas Circle, Suite 100, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 6/8/10 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 645 – June 8 Meeting) Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Mr. President Absent: Thompson Res # 645 – ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the request of Reliant Auto Sales, LLC for a Special Use Permit to allow Automotive Sales in a CC-Community Commercial District, located at 20507 Nicholas Circle, Suite 100 – over from 6/8/10 – see attached. (See Doc. # 645 – June 8 Meeting) # 645 – From Chair on File ORDINANCE ON FINAL READING and Planning Board Attachment 11. Ord. to amend Section 53-9 of the Omaha Municipal Code regarding timing of improvements; to repeal Section 53-9 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING HELD 6/15/10 – CAN BE PASSED TODAY)) (See Doc. # 683 –June 8 and June 15 Meetings) Notice of public hearing on June 15, 2010 published in the Daily Record on June 11, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. - 6 - CCID # 683 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Mr. President Absent: Thompson ORDINANCE # 38753 PASSED 6-0 (a) Planning Board and Planning Department recommend approval of an amendment to Section 53-9 of the Omaha Municipal Code regarding timing of improvements – see attached. (See Doc. # 683 – June 8 and June 15 Meetings) # 683 – From Chair on File COUNCILMEMBER THOMPSON RE-ENTERS THE LEGISLATIVE CHAMBERS LIQUOR 12. CLASS “C” - Hawkins Enterprises, Inc., dba “Hang Out Lounge”, 14901 Industrial Road. New application, Old location. Present licensee is C & C Enterprises, Inc., dba “The Liars Club Bar & Grill”, 14901 Industrial Road, 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: Vicki Hawkins, 10808 Larimore Avenue William Coburn, 10808 Larimore Avenue Motion by Festersen that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 716 – ADOPTED 7-0 13. CLASS “C” - Tschetter, Inc., dba “Pigtails Bar”, 2056 North 117th Avenue. New application, New location. Property posted: 06-08-10; Notification sent: 06-11- 10 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) - 7 - CCID # 717 – Motion by Gray that the application be laid over one week to June 29, 2010 and continue the public hearing Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Mulligan, Stothert, Thompson, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Festersen, Gray, Mulligan, Stothert, Thompson, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 PASS (a) Communication from Mike Kelley, Attorney representing Tschetter, Inc., dba “Pigtails Bar”, 2056 North 117th Avenue, for a Class “C” Liquor License, requesting the application be laid over one (1) week to June 29, 2010 and continue the public hearing – see attached. # 717 – From Chair on File 14. PACKAGE – C. A. Howell, Inc., dba “Howell’s BP”, 7166 North 30th Street. New application, New location. Property posted: 06-09-10; Notification sent: 06-11- 10 - 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 Lazer, Attorney for the applicant, 8712 West Dodge Road Craig Howell, 215 North 161st Avenue Protestants: Ann Duda, 13031 North River Drive Carrie Forrester, 7165 North 30th Street Sharon Olson, 2710 Martin Avenue Margie Magnuson, Alcohol Impact Coalition, 4151 Davenport Street Cassie Griesen, Project Extra Mile, 11606 Nicholas Street For the City: Tom Mumgaard, Deputy City Attorney Motion by Gray that the Resolution to DENY be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson Nay: Mr. President Res # 718 – ADOPTED 6-1 - 8 - (a) Communications opposing the application of C. A. Howell, Inc., dba “Howell’s BP”, 7166 North 30th Street for a Package Liquor License – see attached. # 718 – From Chair on File (b) Document submitted by the Omaha Police Department re: C. A. Howell, Inc., dba “Howell’s BP”, 7166 North 30th Street for a Package Liquor License – see attached. # 718 – From Chair on File (c) Documents submitted by Sharon Olson, opposing the application of C. A. Howell, Inc., dba “Howell’s BP”, 7166 North 30th Street for a Package Liquor License – see attached. # 718 – From Chair on File (d) Document submitted by Cassie Griesen, Project Extra Mile, opposing the application of C. A. Howell, Inc., dba “Howell’s BP”, 7166 North 30th Street for a Package Liquor License – see attached. # 718 – From Chair on File 15. CATERING - Patrick’s Market, Inc., dba “Patrick’s Market”, 1416 Howard Street. New application, Old location. Presently holds a Class “C” Liquor License. Property posted: 05-25-10; Notification sent: 06-11-10. – see attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Patrick Andersen Jr., 1211 Howard Street, appeared and spoke. CCID # 719 – Motion by Jerram that the application be approved Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion Carried 7-0 16. Leonard, Sheryl & Fabian, David, dba “Jerry’s Bar”, 6301 Military Avenue, requests permission for an addition to their present Class “C” Liquor License location of an irregular shaped sidewalk café approx. 20’ x 14’ to the south. Property posted: 06-08-10; Notification sent: 06-11-10 - see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Sheryl Leonard, 8443 Craig Avenue, appeared and spoke. - 9 - CCID # 720 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion Carried 7-0 17. Zio’s Pizzeria, Inc., dba “Zio’s Pizzeria”, 12995 West Center Road, requests permission for an addition to their present Class “I” Liquor License location of an area approx. 59’ x 25’ to the east. Property posted: 06-09-10; Notification sent: 06-11-10 - see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Usha Sherman, 2302 South 102nd Street, appeared and spoke. CCID # 721 – Motion by Thompson that the request be approved contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion Carried 7-0 (a) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting the application be laid over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: Zio’s Pizzeria, Inc., dba “Zio’s Pizzeria”, 12995 West Center Road for an addition to their present Class "I" Liquor License – see attached. # 721 – From Chair on File 18. Aksarben Hospitality, Inc., dba “Marriott Courtyard”, 1625 South 67th Street, requests permission to appoint Blakely J. Dunn manager of their present Class “C” Liquor License – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Blake Dunn, 5350 South 156th Court, appeared and spoke. CCID # 722 – Motion by Gray that the request be approved Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion Carried 7-0 - 10 - 19. Dance I, Inc., dba “DC Centre”, 11830 Stonegate Circle, requests permission to appoint Ashley J. Pivonka manager of their present Class “I” Liquor License – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Ashley Pivonka, 12909 Nebraska Avenue, appeared and spoke. CCID # 723 – Motion by Gray that the request be approved Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion Carried 7-0 20. Kwik Shop, Inc., dba “Kwik Shop #693”, 5306 North 103rd Street, requests permission to appoint Jennifer L. Schamp manager of their present Package Liquor License – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Jennifer Schamp, 6316 South 96th Street, Apt. 32, appeared and spoke. CCID # 724 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, 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 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. 21 through 25 were held on June 15, 2010). - 11 - CONSENT AGENDA – ORDINANCES 21. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of re-constructing 144th Street, West Dodge Road to Eagle Run Drive and for Blondo Street from 135th Street to Eldorado Drive, project identified as SP 2000-14, Federal Project No. STPC- 5001(15) C.N. 22202; 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. (See Doc. # 678 –June 8 and June 15 Meetings) Notice of public hearing on June 15, 2010 published in the Daily Record on June 11, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. CCID # 678 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President ORDINANCE # 38754 PASSED 7-0 22. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, a certain hereinafter described property located at 4522 and 4526 Browne Street and legally described as Lot 23 and Lot 24, Block 4, Cottage Home View Addition, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2010 Action Plan; provided that as to the 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 Donna Henderson, 212 West Meigs Street, Omaha, NE 68064, to acquire the property for the sum of Six Thousand, Nine Hundred and No/100 Dollars ($6,900.00) is approved. Project costs will be paid from FY 2010 HOME Match Funds, Fund 11111, Organization 109023; and to provide the effective date hereof – see attached. (See Doc. # 688 –June 8 and June 15 Meetings) Notice of public hearing on June 15, 2010 published in the Daily Record on June 11, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. CCID # 688 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President ORDINANCE # 38755 PASSED 7-0 - 12 - 23. Ord. to approve a Second Addendum to Facility Management Services and Lease Agreement between the City of Omaha and Metropolitan Entertainment & Convention Authority for operation of the Civic Auditorium (a) to provide for a five-year extension of the term of such Agreement and (b) to increase the maximum overhead compensation; and, to authorize the payments specified therein – see attached. (See Doc. # 658 –June 8 and June 15 Meetings) Notice of public hearing on June 15, 2010 published in the Daily Record on June 11, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. CCID # 658 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President ORDINANCE # 38756 PASSED 7-0 24. Ord. to approve a contract by and between the City of Omaha, a municipal corporation, and Rochester Armored Car Company, Inc., for the collection, transportation, and delivery of City funds in the amount of $37,506.44 annually, 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, for a period of three years from July 1, 2010 extendable for two additional one year periods at the same contract price at the option of the City. Funds are to be provided from General Fund No. 11111, Organization 119014; and to provide an effective date hereof – see attached. (See Doc. # 679 –June 8 and June 15 Meetings) Notice of public hearing on June 15, 2010 published in the Daily Record on June 11, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. CCID # 679 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President ORDINANCE # 38757 PASSED 7-0 - 13 - 25. Ord. to approve the application for and accept an award from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2010 Edward Byrne Memorial Justice Assistant Grant Program, Application #2010-H5566-NE-DJ in partnership with the County of Douglas in the amount of six hundred twenty seven thousand five hundred and one dollars ($627,501) for Law Enforcement Programs, Prevention and Education Programs, Corrections Programs and Planning, Evaluation and Technology Improvement during the period of October 1, 2010 to September 30, 2014; to provide the Council an opportunity for review and public comment for such application; to authorize the Mayor of the City of Omaha to sign and the City Clerk of the City of Omaha to attest a Memorandum of Understanding between the City of Omaha and County of Douglas to submit a joint application for funds; and upon award of such grant 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. (See Doc. # 687 –June 8 and June 15 Meetings) Notice of public hearing on June 15, 2010 published in the Daily Record on June 11, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. CCID # 687 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President ORDINANCE # 38758 PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 26 through 40 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 AGENDA ITEM NO. 26 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER GRAY 26. Res. that, as recommended by the Mayor, the contract with Coleman Construction Company for OPW 51904, being major street concrete curb ramp construction at various locations within the City of Omaha in the amount of $780,258.45 is hereby approved; and that the Finance Department is authorized to pay this cost from the 2006 Transportation Fund 13182, 2009 Issue Transportation Bonds Organization 117114, year 2010 expenditures – see attached. - 14 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Preston Love Jr., 2615 Browne Street Freeman Coleman, Owner, Coleman Construction Company Protestants: Russ Thille, Owner, R & B Excavating Company Dan Welch, Attorney representing Swain Construction Company For the City: Tim O’Bryan, Construction Engineer, Public Works Department Bob Stubbe, Director, Public Works Department Michelle Peters, Assistant City Attorney CCID # 725 – Motion by Thompson that the Resolution be laid over one week to June 29, 2010 and continue the public hearing Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion Carried 7-0 27. Res. that, as recommended by the Mayor, the attached Professional Services Agreement with RDG Schutte Wilscam Birge, Inc. d.b.a. RDG Planning and Design, for development of plans and specifications for a Canine Training Facility located at 11616 Rainwood Road, is hereby approved; and, that the City of Omaha shall request funds to pay the $49,500.00 for these services as incurred pursuant to an Agreement between the City of Omaha, the Gary and Mary West Foundation and the Omaha Police Foundation, a Nebraska nonprofit corporation which was approved by the City Council by Resolution No. 566 on May 11, 2010 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 726 – ADOPTED 7-0 28. Res. that, as recommended by the Mayor, the Amendment to the Professional Services Agreement with the University of Nebraska Lincoln (UNL) to develop a data base for management, trending and reporting on energy consumption for an additional fifty (50) City owned facilities, is hereby approved; and that the Finance Department is authorized to pay the additional fee not to exceed $94,697 for these professional services from the ARRA Energy Efficiency and Conservation Block Grant Fund 17112, EECBG Organization 117791 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 727 – ADOPTED 7-0 - 15 - 29. Res. that, as recommended by the Mayor, the Amendment to the Professional Services Agreement with Kiewit Building Group, Inc. to provide energy use assessment and to develop Energy Star Ratings for an additional fifty (50) City owned facilities, is hereby approved; and that, the Finance Department is authorized to pay the additional fee not to exceed $43,265 for these professional services from the ARRA Energy Efficiency and Conservation Block Grant Fund 17112, EECBG Organization 117791 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 728 – ADOPTED 7-0 30. Res. that, the attached Professional Services Agreement Amendment between the City of Omaha and RDG Schutte Wilscam Birge, Inc., 900 Farnam Street, Suite 100, Omaha, NE 68102 to perform schematic design, construction documents, bidding assistance and construction observation for streetscape improvements for the Park Avenue District Redevelopment Plan, in the amount of $160,000.00 is hereby approved. Funds shall be payable in the amount of $60,000.00 from the 2007 Nebraska Affordable Housing Trust Fund, Fund No. 12141, Organization No. 128103, $100,000.00 from the 2006 Street and Highway Bond Fund, Fund No. 13182, Organization No. 117111 and $31,500.00 from the 2010 Community Development Block Grant, Fund 12186, Organization 129122 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 729 – ADOPTED 7-0 31. Res. that, the application of Mark Mercer for a lease of City property adjacent to 1110 Jones Street, Omaha, Nebraska for purposes of an outdoor eating or drinking area and fence, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. Mark Mercer, 511 South 11th Street, appeared and spoke. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 730 – ADOPTED 7-0 - 16 - 32. Res. that, the application of Demetrios Fountaf for a lease of City property adjacent to 415 South 13 Street, Omaha, Nebraska for purposes of an outdoor eating or drinking area and fence, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 731 – ADOPTED 7-0 33. Res. that, the attached Grant Agreement, as recommended by the Mayor, to provide a Community Development Block Grant (CDBG) in the amount of $11,810.00 and a Lead-based Paint Hazard Control Program (LBPHCP) Grant in the amount of $15,113.00 for a total of $26,923.00 for the rehabilitation and lead reduction work when applicable, at the property owned and occupied by Myla Veland, located at 4311 North 33rd Street, Omaha, Nebraska 68111 is hereby approved. The contract is to be awarded to Lamb’s Remodeling, Tom Lamb, Owner. Funds in the amount of $11,810.00 shall be paid from North Neighborhood Revitalization Strategy Area (NRSA) CDBG Single-Family Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 and funds in the amount of $15,113.00 shall be paid from Lead-based Paint Hazard Control Program (LBPHCP), Fund No. 12136, Organization No. 128104 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 732 – ADOPTED 7-0 - 17 - 34. Res. that, the attached Agreement between the City of Omaha and Virginia M. Anderson, President, Allied Contracting Co., Inc., 1920 Dorcas Street, Omaha, Nebraska 68108, as recommended by the Mayor, to provide Neighborhood Stabilization Program (NSP) Funds in the amount of $80,664.00 for the rehabilitation and lead hazard reduction work when applicable, on the property located at 1347 Monroe Street, Omaha, Nebraska 68107 is hereby approved. Funds in the amount of $80,664.00 shall be paid from Omaha NSP Funds No. 1-0910S23, Fund No. 12198, Organization No. 129164 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 740 – ADOPTED 7-0 35. Res. that, the attached Agreement between the City of Omaha and Gregg Studanski, President, G & J Enterprises, Inc., dba G & J Remodeling, Inc., 6006 Wenninghoff Road, Suite B, Omaha, Nebraska 68134, as recommended by the Mayor, to provide Neighborhood Stabilization Program (NSP) Funds in the amount of $65,151.00 for the rehabilitation and lead hazard reduction work when applicable, on the property located at 3420 “Y” Street, Omaha, Nebraska 68107 is hereby approved. Funds in the amount of $65,151.00 shall be paid from Omaha NSP Funds No. 1-0910S23, Fund No. 12198, Organization No. 129164 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 741 – ADOPTED 7-0 36. Res. that, the attached Agreement between the City of Omaha and Steve Rife, President, Rife Construction, Inc., 4515 Military Avenue, Omaha, Nebraska 68104, as recommended by the Mayor, to provide Neighborhood Stabilization Program (NSP) Funds in the amount of $67,890.00 for the rehabilitation and lead hazard reduction work when applicable, on the property located at 1729 South 12th Street, Omaha, Nebraska 68108 is hereby approved. Funds in the amount of $67,890.00 shall be paid from Omaha NSP Funds No. 1-0910S23, Fund No. 12198, Organization No. 129164 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 742 – ADOPTED 7-0 - 18 - 37. Res. that, the attached Agreement between the City of Omaha and Stephen Fuller, Sole Propietor, R & R Construction, 3457 South 15th Street, Omaha, Nebraska 68108, as recommended by the Mayor, to provide Neighborhood Stabilization Program (NSP) Funds in the amount of $96,286.09 for the rehabilitation and lead hazard reduction work when applicable, on the property located at 3965 South 39th Street, Omaha, Nebraska 68108 is hereby approved. Funds in the amount of $96,286.09 shall be paid from Omaha NSP Funds No. 1-0910S23, Fund No. 12198, Organization No. 129164 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 743 – ADOPTED 7-0 38. Res. that, the attached Agreement between the City of Omaha and Goly Young, Sole Proprietor, Goly Young Construction, 5333 North 45th Street, Omaha, Nebraska 68104, as recommended by the Mayor, to provide Neighborhood Stabilization Program (NSP) Funds in the amount of $39,891.00 for the rehabilitation and lead hazard reduction work when applicable, on the property located at 3508 Monroe Street, Omaha, Nebraska 68107 is hereby approved. Funds in the amount of $39,891.00 shall be paid from Omaha NSP Funds No. 1-0910S23, Fund No. 12198, Organization No. 129164 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 744 – ADOPTED 7-0 39. Res. that, as recommended by the Mayor, the purchase based upon the quote from Midwest Storage Solutions, Inc. in the amount of $452,539.57, for a Spacesaver High Density Mobile Storage System for the Omaha Police Department’s evidence storage, providing a unique and non-competitive service as provided in Chapter 5.16 of the Home Rule Charter, 1956, as amended, is hereby approved, such approval being given by the City of Omaha as specified by the $2,752,040.00 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant, #2009-SB-B9-1369, approved by City Council May 5, 2009, Ordinance No. 38412, Grant Period March 1, 2009 to February 28, 2013; and the 2009 issue of 2006 Public Facilities Bond Capital Improvement Program, and that, the Finance Department of the City of Omaha is authorized to pay $342,507.40 for the cost of Spacesaver High Density Mobile Storage System from Year 2010, Fund 17113, Organization 117741, Account 47012 Equipment Non-Vehicle; and $110,032.17 from Year 2006 Public Facilities Bond Fund 13244, 2009 Issue of 2006 Public Facilities Bond Organization 117514, Account 47012 Equipment Non-Vehicle – see attached. - 19 - Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 733 – ADOPTED 7-0 40. Res. that, as recommended by the Mayor, the purchase based upon the quote from Spectrolab, Inc. in the amount of $31,268.00, for an aircraft searchlight system for the Omaha Police Department Air Support Unit, providing a unique and non-competitive service as provided in Chapter 5.16 of the Home Rule Charter 1956 as amended, is hereby approved, such approval being given by the City of Omaha as specified by the UASI Grant requirements providing that such equipment will be purchased from the $8,246,665.58 Nebraska Emergency Management Agency (NEMA) FY2006 Homeland Security Grant, Urban Area Security Initiative, Grant Award #2006-GE-T6-0016, and detailed in the Tri- County Urban Area Homeland Security Strategy spending plan and Strategy approved by City Council December 5, 2006, Ordinance No. 37562, Grant Period August 30, 2006 to June 30, 2010, and that the Finance Department of the City of Omaha is authorized to pay $31,268.00 for the cost of the aircraft searchlight system from Year 2010, Fund 12151, Organization 130752, Account 43253 Aviation Parts – see attached. Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 734 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCE ON FINAL READING 41. Ord. to amend the provisions of Omaha Municipal Code section 15-2 prohibiting the sale of alcoholic liquor beyond 1:00 a.m.; to authorize the on-premises sale and dispensing of alcoholic liquors until 2:00 a.m.; to repeal the section as previously existing; and to provide an effective date thereof – see attached. ((PUBLIC HEARING HELD 6/8/10 – CAN BE PASSED TODAY)) (See Doc. # 637 –May 25 and June 8 Meetings) Notice of public hearing on June 8, 2010 published in the Daily Record on May 28, 2010. Ordinance passed on June 22, 2010 published in the Daily Record on June 30, 2010. - 20 - THE FOLLOWING PERSONS APPEARED AND SPOKE: For the City: Tom Mumgaard, Deputy City Attorney Buster Brown, City Clerk CCID # 637 – Ordinance read Motion by Gray that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President ORDINANCE # 38759 PASSED 7-0 (a) Amendment of the Whole requested by Councilmember Stothert – over from 6/8/10 – see attached. (See Doc. # 637 – June 8 Meeting) # 637 – Amendment of the Whole read (a-1) Amendment “a-1” requested by Councilmember Thompson to the Amendment of the Whole “A” – see attached. # 637 – Motion by Stothert that Amendment “a-1” to the Amendment of the Whole be approved Seconded by Thompson ROLL CALL: Yeas: Stothert, Thompson Nays: Festersen, Gray, Jerram, Mulligan, Mr. President Motion LOST 2-5 (b-1) Amendment “b-1” requested by Council President Gernandt to Amendment of the Whole “A” – see attached. # 637 – Motion by Jerram that Amendment “b-1” to the Amendment of the Whole be approved Seconded by Gernandt ROLL CALL: Yeas: Gernandt Nays: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion LOST 1-6 # 637 – From Chair on File - 21 - (b) Communications supporting the ordinance to amend the provisions of Omaha Municipal Code Section 15-2 prohibiting the sale of alcoholic liquor beyond 1 a.m. – see attached. # 637 – From Chair on File (c) Document submitted by Lorelle Mueting, LiveWise Coalition, re: ordinance to amend the provisions of Omaha Municipal Code Section 15-2 prohibiting the sale of alcoholic liquor beyond 1 a.m. – see attached. # 637 – From Chair on File (d) Communications opposing the ordinance to amend the provisions of Omaha Municipal Code Section 15-2 prohibiting the sale of alcoholic liquor beyond 1 a.m. – see attached. # 637 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 42 THROUGH 43 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 42. Ord. to to rezone property located Southwest of 22nd and Chicago Streets from R8-High-Density Multiple-Family Residential District to CBD-Central Business District. (See Doc. # 701 – June 15 Meeting) CCID # 701 – ORDINANCE ON SECOND READING – Final reading to be held on June 29, 2010 as per City Charter requirements. 43. Ord. to amend the boundaries of the ACI-1 (PL), Area of Civic Importance Overlay District, to incorporate into that district the property located Southwest of 22nd and Chicago Streets; and to provide for an effective date – see attached. (See Doc. # 702 – June 15 Meeting) CCID # 702 – ORDINANCE ON SECOND READING – Final reading to be held on June 29, 2010 as per City Charter requirements. * * * * * * * * * * * * * - 22 - ORDINANCE ON SECOND READING 44. Ord. to approve the acceptance of and to authorize payment from the 2009 American Recovery and Reinvestment Act; Energy Efficiency and Conservation Block Grant (EECBG) Omaha-Lincoln Retrofit Ramp-up Program and the budget in the amount of ten million dollars ($10,000,000.00), from the Department of Energy, award number DE-EE0003578, Fund 17112 and Organization 117792, during the project period of May 26, 2010 to May 25, 2013, to provide funding for the implementation of the Omaha-Lincoln Retrofit Ramp-up Program; 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. ((PUBLIC HEARING TODAY)) (See Doc. # 708 – June 15 Meeting) CCID # 708 – Public hearing was held today – Final reading set for June 29, 2010 as per City Charter requirements. (a) Communication from Alec Gorynski, Assistant Grant Administrator, re: Omaha-Lincoln Retrofit Ramp-up Grant Award – see attached. (See Doc. # 708 – June 15 Meeting) # 708 – Over to 06/29/10 RESOLUTIONS 45. Res. that the City Council determines that the claim of MFT Construction, Inc., should be and hereby is approved in the total amount of $125,839.51, to be paid from the 2006 Transportation Bond Fund 13182, 2009 issue of the 2006 Transportation Bond Fund Organization 117114; and its claim in excess of that amount is hereby denied – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Res # 735 – ADOPTED 7-0 - 23 - “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NOS. 46 THROUGH 47 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” 46. Res. that the attached 828 South 17th Street, LLC Tax Increment Financing Redevelopment Project Plan for the redevelopment project that provides for a plant expansion and remodel to an existing building that will increase the manufacturing capacity of the current tenant to keep up with increasing sales demands; and, this project allows for business expansion and increased investment, increased employment opportunities, and an increase in real property taxes along the southern edge of downtown; and the plan recommends the use of TIF in an amount up to $440,000.00 to offset the cost of site preparation, site development and related public improvement costs as may be required described in the redevelopment plan attached hereto and made a part hereof containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – see attached. CCID # 736 – Over three weeks to July 13, 2010 for publication and public hearing pursuant to City Council Rule VII F. 47. Res. that the attached Capitol Rows, LLC Tax Increment Financing Redevelopment Project Plan for the redevelopment project that takes under- utilized parcels between 22nd to 24th Streets, Chicago to Davenport Streets to create eighty-two new, market-rate apartment units, and a commercial space for a new business within an urban residential village setting on the northwest edge of Downtown Omaha; and the plan recommends the use of TIF in an amount up to $765,000.00 to offset the cost of site preparation, site development and related public improvement costs as may be required as described in the redevelopment plan attached hereto and made a part hereof containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – see attached. CCID # 737 – Over three weeks to July 13, 2010 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * - 24 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARING ON AGENDA ITEM NOS. 48 THROUGH 49 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 48. Ord. to approve an Addendum to Term Software License Agreement dated September 30, 2004, and amended on August 18, 2009, between SSA Technologies, Inc. (now known as Infor Global Solutions (Michigan), Inc.) and the City of Omaha, by extending the term for support services for the City of Omaha’s payroll software entitled Masterpiece for five additional years with five (5) annual installments for a total payment of three hundred fifty-eight thousand two hundred ninety eight dollars and sixteen cents ($358,298.16); to authorize the Finance Director to make payments in conformance therewith from the General Fund 11111, General Expense 119014; to provide an effective date hereof – see attached. CCID # 738 – Publication to be made and public hearing to be held on June 29, 2010 as per City Charter requirements. 49. Ord. to amend Chapter 40 of the Omaha Municipal Code entitled “Mechanical Code”; to add a new section 40-124, prohibiting the sale of air conditioning and air distribution equipment or material except to licensed contractors or homeowners with a valid city permit; to provide for the penalty for the violation of the same; to amend section 40-61 to provide for no compensation to air conditioning/air distribution board members; to repeal section 40-61 as heretofore existing; and to provide the effective date thereof – see attached. CCID # 739 – Publication to be made and public hearing to be held on June 29, 2010 as per City Charter requirements. * * * * * * * * * * * * * EXECUTIVE SESSION 50. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. - 25 - Motion by Gray that the meeting be adjourned Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gray, Jerram, Mulligan, Stothert, Thompson, Mr. President Motion Carried 7-0 ADJOURNED: 3:54 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on June 22nd, 2010. WITNESS: ______________________________ ________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 24th DAY OF JUNE 2010.