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.
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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)
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# 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
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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
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# 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)
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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
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# 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
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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
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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.
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(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.
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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.)
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(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))
* * * * * * * * * * * * *
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“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)
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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.
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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)
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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)
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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
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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
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(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”
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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
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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.