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2010-09-21j30th REGULAR OMAHA CITY COUNCIL MEETING SEPTEMBER 21, 2010 THE CITY COUNCIL met in Regular Session on Tuesday, September 21, 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 # 1089 – Present: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Chris Jerram of District No. 3. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on September 17, 2010, notice re: Pre-Council and Regular City Council Meetings, September 21, 2010. CCID # 1090 – 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 - RECONSIDERATION 5. Ord. to rescind a PK-Parking Overlay District located Northeast of 49th and Dodge Streets, and to provide for an effective date – over from 9/14/10 for Roll Call on reconsideration – see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 970 – August 17, August 24, August 31 and September 14 Meetings) CCID # 970 – ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 CCID # 970 – Motion by Jerram that the Ordinance be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Larry Jobeun, Attorney for the applicant, 11440 West Center Road Treg Charlton, Regional Director, CVS Pharmacy Protestants: Molly Romero, 5101 Nicholas Street Jenny Allgood, 4815 Davenport Street Barton D. Bonn, 4202 Dodge Street For the City: Rick Cunningham, Planning Director Bob Stubbe, Public Works Director Todd Pfitzer, Public Works Department Chad Weaver, Planning Department Paul Kratz, City Attorney CCID # 970 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan ORDINANCE # 38818 PASSED 4-3 (a) Planning Board and Planning Department recommend approval of the request to repeal the PK-Parking Overlay District for the property located Northeast 49th and Dodge Streets – over from 9/14/10 for Roll Call on reconsideration – see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 970 – August 17, August 31 and September 14 Meetings) - 3 - # 970 - ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 # 970 – Motion by Jerram that the Ordinance be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 # 970 – From Chair on File 6. Ord. to rezone property located Northeast of 49th and Dodge Streets from R7- Medium Density Multiple Family Residential District, LO-Limited Office District and GC-General Commercial District to CC-Community Commercial District – over from 9/14/10 for Roll Call on reconsideration. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 971 – August 17, August 24, August 31 and September 14 Meetings) CCID # 971 – ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 CCID # 971 – Motion by Jerram that the Ordinance be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Larry Jobeun, Attorney for the applicant, 11440 West Center Road Treg Charlton, Regional Director, CVS Pharmacy Protestants: Molly Romero, 5101 Nicholas Street Jenny Allgood, 4815 Davenport Street Barton D. Bonn, 4202 Dodge Street For the City: Rick Cunningham, Planning Director Bob Stubbe, Public Works Director Todd Pfitzer, Public Works Department Chad Weaver, Planning Department Paul Kratz, City Attorney - 4 - CCID # 971 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan ORDINANCE # 38819 PASSED 4-3 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northeast of 49th and Dodge Streets from R7, LO and GC to CC – over from 9/14/10 for Roll Call on reconsideration – see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 971 – August 17, August 31 and September 14 Meetings) # 971 - ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 # 971 – Motion by Jerram that the Ordinance be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 # 971 – From Chair on File (b) Communications opposing the request to rezone property located Northeast of 49th and Dodge Streets from R7, LO and GC to CC – over from 9/14/10 for Roll Call on reconsideration – see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 971 – August 17, August 31 and September 14 Meetings) # 971 - ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 - 5 - # 971 – Motion by Jerram that the Ordinance be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 # 971 – From Chair on File (c) Communications supporting the request to rezone property located Northeast of 49th and Dodge Streets from R7, LO and GC to CC – see attached. # 971 – From Chair on File (d) Communications opposing the request to rezone property located Northeast of 49th and Dodge Streets from R7, LO and GC to CC – see attached. # 971 – From Chair on File (e) Document submitted by Larry Jobeun, 11440 West Center Road, Attorney representing CVS Pharmacy – see attached. # 971 – From Chair on File (f) Document submitted by Jenny Allgood re: the request to rezone property located Northeast of 49th and Dodge Streets from R7, LO and GC to CC – see attached. # 971 – From Chair on File (g) Document submitted by Larry Jobeun, Attorney for the applicant, re: the request to rezone property located Northeast of 49th and Dodge Streets from R7, LO and GC to CC – see attached. # 971 – From Chair on File 7. Res. that the preliminary plat entitled DUNDEE PLACE REPLAT NO. 19 located Northeast of 49th and Dodge Streets, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized - Inside City – over from 9/14/10 for Roll Call on reconsideration – see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 972 – August 17, August 31 and September 14 Meetings) - 6 - CCID # 972 – ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 CCID # 972 – Motion by Jerram that the Resolution be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Larry Jobeun, Attorney for the applicant, 11440 West Center Road Treg Charlton, Regional Director, CVS Pharmacy Protestants: Molly Romero, 5101 Nicholas Street Jenny Allgood, 4815 Davenport Street Barton D. Bonn, 4202 Dodge Street For the City: Rick Cunningham, Planning Director Bob Stubbe, Public Works Director Todd Pfitzer, Public Works Department Chad Weaver, Planning Department Paul Kratz, City Attorney Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Res # 972 – ADOPTED 4-3 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of DUNDEE PLACE REPLAT NO. 19 located Northeast of 49th and Dodge Streets – Inside City – over from 9/14/10 for Roll Call on reconsideration – see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 972 – August 17, August 31 and September 14 Meetings) # 972 - ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 - 7 - # 972 – Motion by Jerram that the Resolution be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 # 972 – From Chair on File 8. Res. that the replat transmitted herewith entitled DUNDEE PLACE REPLAT NO. 19 located Northeast of 49th and Dodge Streets, is hereby approved, and concurrently a portion of the existing plats entitled Dundee Place and Dundee Place Replat 18, and described on said replat, are hereby vacated – Inside City – over from 9/14/10 for Roll Call on reconsideration – see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 973 – August 17, August 31 and September 14 Meetings) CCID # 973 – ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 CCID # 973 – Motion by Jerram that the Resolution be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Larry Jobeun, Attorney for the applicant, 11440 West Center Road Treg Charlton, Regional Director, CVS Pharmacy Protestants: Molly Romero, 5101 Nicholas Street Jenny Allgood, 4815 Davenport Street Barton D. Bonn, 4202 Dodge Street For the City: Rick Cunningham, Planning Director Bob Stubbe, Public Works Director Todd Pfitzer, Public Works Department Chad Weaver, Planning Department Paul Kratz, City Attorney - 8 - CCID # 973 – Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Motion LOST 4-3 (5 VOTES REQUIRED TO ADOPT THE RESOLUTION) (a) Planning Board and Planning Department recommend approval of the Final Plat of DUNDEE PLACE REPLAT NO. 19 located Northeast of 49th and Dodge Streets – Inside City – over from 9/14/10 for Roll Call on reconsideration – see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 973 – August 17, August 31 and September 14 Meetings) # 973 - ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 # 973 – Motion by Jerram that the Resolution be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 # 973 – From Chair on File 9. Res. that the Subdivision Agreement between the City of Omaha and Nebraska CVS Pharmacy, LLC as recommended by the Mayor, providing for the improvements and maintenance, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Dundee Place Replat 19 (Lot 1) and is located northeast of 49th & Dodge Streets – over from 9/14/10 for Roll Call on reconsideration – see attached. ((IF RECONSIDERED, ACTION CAN BE TAKEN TODAY)) (See Doc. # 981 – August 17, August 31 and September 14 Meetings) CCID # 981 – ROLL CALL on Reconsideration: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Roll Call on Reconsideration Carried 4-3 - 9 - CCID # 981 – Motion by Jerram that the Resolution be laid over two weeks to October 5, 2010 Seconded by Festersen ROLL CALL: Yeas: Festersen, Jerram, Mr. President Nays: Stothert, Thompson, Gray, Mulligan Motion LOST 3-4 THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Larry Jobeun, Attorney for the applicant, 11440 West Center Road Treg Charlton, Regional Director, CVS Pharmacy Protestants: Molly Romero, 5101 Nicholas Street Jenny Allgood, 4815 Davenport Street Barton D. Bonn, 4202 Dodge Street For the City: Rick Cunningham, Planning Director Bob Stubbe, Public Works Director Todd Pfitzer, Public Works Department Chad Weaver, Planning Department Paul Kratz, City Attorney Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Stothert, Thompson, Gray, Mr. President Nays: Festersen, Jerram, Mulligan Res # 981 – ADOPTED 4-3 “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 10 THROUGH 11 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” RESOLUTIONS RE: PRELIMINARY PLAT AND PLAT 10. Res. that the preliminary plat entitled WEST DODGE REPLAT 7, located Southeast of 90th and Blondo Streets, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – see attached. Notice of public hearing on October 5, 2010 published in the Daily Record on September 24, 2010. CCID # 1098 – Over two weeks to October 5, 2010 for publication and public hearing pursuant to City Council Rule VII E. - 10 - (a) Planning Board recommends approval of the Final Plat of WEST DODGE REPLAT 7, a minor plat located Southeast of 90th and Blondo Streets – Inside City – see attached. # 1098 – Over to 10/05/10 (b) Planning Department recommends DENIAL of the Preliminary Plat of WEST DODGE REPLAT 7, a minor plat located Southeast of 90th and Blondo Streets – Inside City – see attached. # 1098 – Over to 10/05/10 11. Res. that the replat transmitted herewith entitled WEST DODGE REPLAT 7, located Southeast of 90th and Blondo Streets, is hereby approved, and concurrently a portion of the existing plat entitled West Dodge, and described on said replat, is hereby vacated – Inside City – see attached. Notice of public hearing on October 5, 2010 published in the Daily Record on September 24, 2010. CCID # 1099 – Over two weeks to October 5, 2010 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board recommends approval of the Preliminary Plat of WEST DODGE REPLAT 7, a minor plat located Southeast of 90th and Blondo Streets – Inside City – see attached. # 1099 – Over to 10/05/10 (b) Planning Department recommends DENIAL of the Final Plat of WEST DODGE REPLAT 7, a minor plat located Southeast of 90th and Blondo Streets – Inside City – see attached. # 1099 – Over to 10/05/10 * * * * * * * * * * * * * * LIQUOR 12. CLASS “I” – Infinity Unlimited, Inc., dba “Shamrocks Pub & Grill”, 5338 North 103rd Street. New application, Old location. Present licensee is Double Dare, Inc., dba “Shamrocks Pub & Grill”, 5338 North 103rd Street, who has a Class “I” 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)) Nathan Harrington, 9016 Tomahawk Boulevard, appeared and spoke. - 11 - Motion by Gray that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President Res # 1091 – ADOPTED 7-0 13. Lone Star Steakhouse & Saloon of Nebraska, Inc., dba “Lone Star Steakhouse & Saloon”, 3040 South 143rd Plaza, requests permission for a Change of Location of their present Class “I” Liquor License to be located at 17501 West Center Road. Property posted: 09-08-10; Notification sent: 09-10-10 – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Sean Lamb, General Manager, Lone Star Steakhouse & Saloon, appeared and spoke. CCID # 1092 – Motion by Thompson that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President Motion Carried 7-0 14. Res. that the City Attorney is hereby authorized and directed to appeal the order of the Nebraska Liquor Control Commission granting a retail Class "D" liquor license to C.A. Howell, Inc., d/b/a "Howell’s BP", at 7166 North 30th Street, contrary to the recommendation of this City Council – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Sharon Olson, 2710 Martin Avenue Margie Magnuson, Alcohol Impact Coalition, 4151 Davenport Street Diane Riibe, Project Extra Mile, 11606 Nicholas Street Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President Res # 1103 – 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.) - 12 - (The public hearings on Agenda Item Nos. 15 through 16 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 15. Res. that, as recommended by the Mayor, the contract with Swain Construction, Inc. for OPW 51856, being Pacific Pointe Basin “A” Closure and Outlot “A” Pond Expansion Plan located at 192nd Avenue, in the amount of $351,012.09 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2006 Environmental Fund 13122, 2009 Issue Environmental Organization 117214, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President Res # 1093 – ADOPTED 7-0 16. Res. that, the City Council of the City of Omaha does hereby adopt and bind itself to comply with all applicable federal law, including the rules and regulations of the Federal Highway Administration, all applicable state law and rules and regulations (Nebraska Administrative Code) and the requirements of the LPA Guidelines Manual of the Nebraska Department of Roads and the Title VI – Civil Rights of City of Omaha; and that the City Council of the City of Omaha does hereby designate the following as responsible for the management of the Title VI- Civil Rights process: Human Relations Representative III, Human Rights and Relations Department – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, Mr. President Res # 1094 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 13 - “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 17 THROUGH 18 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 17. Ord. to rezone the property located Northeast of 30th and Bondesson Streets from GI-General Industrial District to R4-Single-Family Residential District (High Density). (See Doc. # 1072 – September 14 Meeting) CCID # 1072 – ORDINANCE ON SECOND READING – Final reading to be held on September 28, 2010 as per City Charter requirements. 18. Ord. to rezone property located Southeast of Highway 133 and Pawnee Road from AG-Agricultural District to DR-Development Reserve District. (See Doc. # 1073 – September 14 Meeting) CCID # 1073 – ORDINANCE ON SECOND READING – Final reading to be held on September 28, 2010 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 19. Ord. to approve the execution of a Professional Services Agreement between the City of Omaha and AECOM Technical Services, Inc., for the updating of the transportation element of the City’s Master Plan, involving the payment of Three Hundred Sixty-seven Thousand, Three Hundred Thirty-five Dollars ($367,335) from appropriations of more than one year in accordance with Section 5.17 of the Omaha Home Rule Charter, as amended – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1056 – September 14 Meeting) CCID # 1056 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. 20. Ord. approving a Redevelopment and Tax Increment Financing Loan Agreement between the City of Omaha and 828 South 17th Street, LLC, a Nebraska Limited Liability Company which provides up to $440,000.00 in Tax Increment Financing (TIF) for the redevelopment of the food processing/manufacturing facility inclusive of site improvements located at 828 South 17th Street, Omaha, Nebraska; and providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1077 – September 14 Meeting) - 14 - Bridget Hadley, Planning Department, appeared and spoke. CCID # 1077 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. 21. Ord. to transfer a permanent easement in land upon city owned property, known as Elmwood Park, located at 808 South 60th Street, Omaha, Nebraska, to Metropolitan Utilities District (M.U.D.) for the installation and maintenance of a six-inch 60# plastic gas main to serve as one of the major arteries of the infrastructure replacement project in eastern Omaha; to authorize the Mayor to execute the attached Permanent Easement Agreement; and to provide an effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1083 – September 14 Meeting) CCID # 1083 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. 22. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, to transfer $9,990,342 in unencumbered General Fund appropriations in the 2011 Budget of the City of Omaha from Other Budgetary Accounts, Wage Adjustment to Police Department for the purpose of providing funding for Personal Services appropriation for the Police Contract; and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1051 – September 14 Meeting) CCID # 1051 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. 23. Ord. to accept the bid and approve a lease agreement between Simply the Best and the City of Omaha for a lease agreement to lease 8 to 12 vehicles per month on a cost per vehicle per month basis, in the amount of $400.00 per month for compact vehicles, intermediate vehicles, and full size vehicles; and $500.00 per month for SUVs; and $600.00 per month for pick-ups, involving appropriations of more than one year in conformity with Section 5.17 and Section 5.16 of the Home Rule Charter, and providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1052 – September 14 Meeting) CCID # 1052 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. - 15 - 24. Ord. to approve the acceptance of and authorize the disbursement from the FY 2009 State Homeland Security Grant Program awards, Grant Award Number #2009-SS-T9-0061, and budget in the amount of $944,224.00 from the Nebraska Emergency Management Agency (NEMA), during the project period of September 1, 2009 to July 31, 2012, funding for the Tri-County Region strategic projects will provide law enforcement and emergency response communities with enhanced capabilities for responding to the potential threats of manmade and natural disasters; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1053 – September 14 Meeting) CCID # 1053 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. 25. Ord. to approve the acceptance of and authorize the disbursement from the FY 2009 Metropolitan Medical Response System (MMRS) grant award, number #2009-SS-T9-0061, and budget in the amount of three-hundred-twenty-one- thousand two-hundred-twenty one dollars ($321,221.00) from the Nebraska Emergency Management Agency (NEMA), during the project period of September 1, 2009 to July 31, 2012, to fund the Tri-County Region strategic projects that will provide Tri-County Region emergency response communities with enhanced capabilities for responding to the potential threats of manmade and natural disasters; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1054 – September 14 Meeting) CCID # 1054 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. 26. Ord. approving the acceptance of the City of Omaha/Douglas County Juvenile Accountability Block Grant Phase 12 grant, with special conditions, Grant Number 09-JA-604, from the State of Nebraska Commission on Law Enforcement and Criminal Justice, in the amount of one hundred eighteen thousand, eight hundred and eighty six dollars ($118,886.00), with a match of thirteen thousand two hundred and ten dollars ($13,210) in the form of in-kind contributions provided by the Douglas County Attorney’s Office, to provide funding for criminal justice information sharing, juvenile risk and needs assessment, and graduated sanctions programs in Omaha, during the project period extending from October 1, 2010 to September 30, 2011; 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. # 1055 – September 14 Meeting) - 16 - CCID # 1055 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. 27. Ord. to amend Chapter 10 of the Omaha Municipal Code by deleting Section 10- 146. Contracts for private fire, ambulance, or hazardous material services; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1057 – September 14 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Vic Stannish, 11815 Oakair Plaza J. B. Duncan, 6219 Poppleton Avenue Steve Westerfield, 3506 Keystone Drive John Trout, 12712 Capitol Plaza Protestants: Steve LeClair, President, Omaha Professional Fire Fighters Association, 6005 Grover Street Reverend Dotson, 610 South 32nd Avenue Jim Love, Retired Assistant Fire Chief Mark Woolbright, Vice President, International Association of Fire Fighters, representing Omaha Professional Fire Fighters Association, 6005 Grover Street Paul Koneck, 3022 Paddock Road, Apt. 111D Tom Bartek, 869 North 93rd Street For the City: Paul Kratz, City Attorney CCID # 1057 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. (a) Communications opposing the ordinance to amend Chapter 10 of the Omaha Municipal Code by deleting Section 10-146 – see attached. # 1057 – Over to 09/28/10 28. Ord. to amend 13-82, 13-84, 13-89, 13-90, 13-91, 13-92, 13-93, 13-94, 13-95, and 10-192 of the Omaha Municipal Code to add prohibitions for discrimination on the basis of sexual orientation, gender expression, and gender identity within the City of Omaha and in City of Omaha contracts; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1086 – September 14 Meeting) - 17 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Reverend Kate Rody, 1023 North 64th Street Reverend Dotson, 610 South 32nd Avenue Dr. Eric Elnes, Senior Paster, Countryside Community Church, 8787 Pacific Street Mike Gordon, 1730 South 11th Street, #30 Reverend Scott Jones, Senior Minister, First Central Congregation of the United Church of Christ, 565 South 36th Street Reverend Melissa Smithee, Metropolitan Community Church of Omaha, 819 South 22nd Street Jeff Schamp, 2705 North 66th Street Michael Jones, 565 South 36th Street Robert Patterson, Assistant Director, Kids Corner, 4821 North 126th Avenue Rob Dorton, Law Offices of Rob Dorton, 4426 South 19th Street Joni Stacy, 3202 South 119th Street Diane Perry, 7531 North 155th Street Scott Winkler, 3506 north 104th Avenue Gary George, 3031 Lafayette Avenue Jerry Slusky, representing Companies in the Business Community, 8712 West Dodge Street Dacia Kruse, Greater Omaha Chamber of Commerce, 1301 Harney Street Rick Brenemen, 4515 Woolworth Avenue Tammy Story, 1614 Grandview Avenue Mike Boyle, 420 South 11th Street Protestants: Georgia Ebel, 2018 North 100th Street Pete Smagacz, 1015 Mercer Boulevard For the City: Paul Kratz, City Attorney Bernard in den Bosch, Assistant City Attorney CCID # 1086 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. (a) Communications supporting the ordinance to amend 13-82, 13-84, 13-89, 13-90, 13-91, 13-92, 13-93, 13-94, 13-95 and 10-192 of the Omaha Municipal Code – see attached. # 1086 – Over to 09/28/10 (b) Document submitted by Rob Dorton re: the ordinance to amend 13-82, 13-84, 13-89, 13-90, 13-91, 13-92, 13-93, 13-94, 13-95 and 10-192 of the Omaha Municipal Code – see attached. # 1086 – Over to 09/28/10 - 18 - 29. Ord. to amend Sec. 34-332, Sec. 34-333, and Sec. 36-179 of the Omaha Municipal Code; to allow 48 hours for the removal of ice and snow from adjacent sidewalks; to provide for special assessments to recover the City’s costs of removing ice and snow placed in the street by property owners; to regulate on- street parking during snow emergencies; to repeal Sec. 34-332, Sec. 34-333, and Sec. 36-179 as heretofore existing; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1078 – September 14 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: Joe Gudenrath, Downtown Improvement District For the City: Scott McIntyre, Street Maintenance Division, Public Works Department CCID # 1078 – Public hearing was held today – Final reading set for September 28, 2010 as per City Charter requirements. (a) Amendment requested by Councilmember Jerram – see attached. # 1078 – Over to 09/28/10 (b) Amendment requested by the Public Works Department – see attached. # 1078 – Over to 09/28/10 “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 30 THROUGH 32 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 30. Ord. to approve an amendment to the Land Use Element of the Master Plan for the City of Omaha, to change the future land designation from low density residential to office/commercial for property located Southeast of 90th and Blondo Streets; and to provide for the effective date hereof – see attached. CCID # 1095 – Publication to be made and public hearing and third reading to be held on October 5, 2010 as per City Charter requirements. (a) Planning Board recommends approval of an amendment to the Land Use Element of the Master Plan to change the future land designation from low density residential to office/commercial for property located Southeast of 90th and Blondo Streets – see attached. # 1095 – Over to 10/05/10 - 19 - (b) Planning Department recommends DENIAL of an amendment to the Land Use Element of the Master Plan to change the future land designation from low density residential to office/commercial for property located Southeast of 90th and Blondo Streets – see attached. # 1095 – Over to 10/05/10 31. Ord. to rezone property located Southeast of 90th and Blondo Streets from R2- Single-Family Residential District (Low Density) and CC-Community Commercial District to CC-Community Commercial District. CCID # 1096 – Publication to be made and public hearing and third reading to be held on October 5, 2010 as per City Charter requirements. 32. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located Southeast of 90th and Blondo Streets; and to provide for an effective date – see attached. CCID # 1097 – Publication to be made and public hearing and third reading to be held on October 5, 2010 as per City Charter requirements. (a) Planning Board recommends approval of a request to rezone property located Southeast of 90th and Blondo Streets from R2 and CC to CC and approval of an MCC-Major Commerical Corridor Overlay District – see attached. # 1097 – Over to 10/05/10 (b) Planning Department recommends DENIAL of a request to rezone property located Southeast of 90th and Blondo Streets from R2 and CC to CC and approval of an MCC-Major Commerical Corridor Overlay District – see attached. # 1097 – Over to 10/05/10 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 33 THROUGH 35 SHALL BE HELD ON THE SECOND READING” - 20 - ORDINANCES ON FIRST READING 33. Ord. to amend pursuant to Section 40-251 of the Omaha Municipal Code an existing Class “A” Flammable Liquids Storage District, known as District No. A- 131 at William H. Harvey Company, 4334 South 67th Street, as requested by Jason Hertz; to increase the amount of flammable and combustible liquids to be stored to 84,000 gallons; and to provide the effective date hereof – see attached. CCID # 1100 – Publication to be made and public hearing to be held on September 28, 2010 as per City Charter requirements. 34. Ord. to establish pursuant to Section 40-251 of the Omaha Municipal Code a new Class “A” Flammable Liquids Storage District, to be known as District No. A- 147, at 5520 Lindberg Drive, as requested by University of Nebraska Medical Center; and to provide the effective date hereof – see attached. CCID # 1101 – Publication to be made and public hearing to be held on September 28, 2010 as per City Charter requirements. 35. Ord. to accept the bid of Ed M. Feld to provide Gloves, Boots and Helmets for the Omaha Fire Department on an as needed basis at a cost of $39.50 per set of gloves, $108.76 per set of boots and $151.00 per helmet; the bid shall stay open for a period of one year with both parties having the option to mutually agree to extend the arrangement on a monthly basis for an additional 24 months at no increase in cost; and to provide an effective date hereof – see attached. CCID # 1102 – Publication to be made and public hearing to be held on September 28, 2010 as per City Charter requirements. * * * * * * * * * * * * * EXECUTIVE SESSION 36. CCID # 1138 - Motion by Jerram to go into Executive Session at 5:49 P.M. for the purpose of discussing possible litigation and labor negotiations Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mulligan, 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 POSSIBLE LITIGATION AND LABOR NEGOTIATIONS ONLY - 21 - COUNCILMEMBER FESTERSEN LEAVES THE LEGISLATIVE CHAMBERS CCID # 1139 – Motion by Gray to come out of Executive Session at 6:35 P.M. Seconded by Gernandt ROLL CALL: Yeas: Stothert, Thompson, Gray, Jerram, Mulligan, Mr. President Absent: Festersen Motion Carried 6-0 CITY COUNCIL PRESIDENT GERNANDT STATED THAT WHILE IN EXECUTIVE SESSION THE CITY COUNCIL DISCUSSED POSSIBLE LITIGATION AND LABOR NEGOTIATIONS ONLY Motion by Gray that the meeting be adjourned Seconded by Stothert ROLL CALL: Yeas: Stothert, Thompson, Gray, Jerram, Mulligan, Mr. President Absent: Festersen Motion Carried 6-0 ADJOURNED: 6:35 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on September 21st, 2010. WITNESS: ______________________________ ________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 23rd DAY OF SEPTEMBER 2010.