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2010-03-30j10th REGULAR OMAHA CITY COUNCIL MEETING MARCH 30, 2010 THE CITY COUNCIL met in Regular Session on Tuesday, March 30, 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 # 332 – Present: Festersen, Gray, Jerram, Stothert, Thompson, 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 March 26, 2010, notice re: Pre-Council and Regular City Council Meetings, March 30, 2010. CCID # 333 – 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 ORDINANCE ON FINAL READING and Planning Board Attachment 5. 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 industrial to low density residential for property located Southwest of 42nd and “T” Streets; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 302 – March 16 and March 23 Meetings) Notice of public hearing on March 30, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. Scott Dye, Baird Holm Law Firm, 1500 Woodmen Tower, representing Omaha Public Schools, appeared and spoke. CCID # 302 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 38685 PASSED 6-0 (a) Planning Board and Planning Department recommend approval of an amendment to the Land Use Element of the Master Plan to change the future land designation from industrial to low density residential for property located Southwest of 42nd and “T” Streets – see attached. (See Doc. # 302 – March 16 Meeting) # 302 – From Chair on File 6. Res. that the preliminary plat entitled CORRIGAN OPS ADDITION located Southwest of 42nd and “T” 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 3/16/10 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 303 – March 16 Meeting) Scott Dye, Baird Holm Law Firm, 1500 Woodmen Tower, representing Omaha Public Schools, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 303 - ADOPTED 6-0 - 3 - (a) Planning Board and Planning Department recommend approval of the preliminary plat of CORRIGAN OPS ADDITION located Southwest of 42nd and “T” Streets - Inside City – over from 3/16/10 – see attached. (See Doc. # 303 – March 16 Meeting) # 303 – From Chair on File RESOLUTIONS RE: PRELIMINARY PLATS AND PLATS 7. Res. that the replat transmitted herewith entitled HOSTERT’S LANDING located Northeast of Pratt Street and Clifton Drive, is hereby approved, and concurrently a portion of the existing plat entitled Benson Acres, and described on said replat, is hereby vacated – Inside City – over from 3/16/10 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 287 – March 16 Meeting) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 287 - ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of HOSTERT’S LANDING located Northeast of Pratt Street and Clifton Drive – Inside City – over from 3/16/10 – see attached. (See Doc. # 287 – March 16 Meeting) # 287 – From Chair on File 8. Res. that the preliminary plat entitled SILVER VALLEY located Northeast of 72nd Street and Silver Valley Road, 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 3/16/10 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 288 – March 16 Meeting) - 4 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Melvin Sudbeck, Orchard Valley Inc. Protestants: Janet Redick, 7721 Fairway Drive, President, Country Club Hills Neigborhood Association Mike Rogers, representing Hansen’s Country Club Hills Neighborhood Group Stacy Tompkins, 7025 Country Club Road Bob Gotting, 7045 Country Club Road Jerry Slusky, 8712 West Dodge Road, Attorney representing the neighborhood For the City: Rick Cunningham, Planning Director CCID # 288 – Motion by Festersen that the Resolution NOT be adopted Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Stothert, Thompson, Mr. President Nay: Jerram Motion Carried 5-1 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of SILVER VALLEY, a subdivision inside the City, located Northeast of 72nd Street and Silver Valley Road – Inside City – over from 3/16/10 – see attached. (See Doc. # 288 – March 16 Meeting) # 288 – From Chair on File (b) Documentation and pictures submitted by residents of Hansen Country Club Neighborhood re: the preliminary plat entitled Silver Valley located northeast of 72nd Street and Silver Valley Road – see attached. # 288 – From Chair on File (c) Document submitted by Jerry Slusky, Attorney representing the residents of Hansen Country Club Neighborhood re: the preliminary plat entitled Silver Valley located northeast of 72nd Street and Silver Valley Road – see attached. # 288 – From Chair on File - 5 - 9. Res. that the preliminary plat entitled WHISPERING RIDGE REPLAT TWELVE, located Southwest of 171st Street and Evans Plaza, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 3/16/10 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 289 – March 16 Meeting) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 289 - ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the preliminary plat of WHISPERING RIDGE REPLAT TWELVE, a minor plat, located Southwest of 171st Street and Evans Plaza – Inside City – over from 3/16/10 – see attached. (See Doc. # 289 – March 16 Meeting) # 289 – From Chair on File 10. Res. that the replat transmitted herewith entitled WHISPERING RIDGE REPLAT TWELVE, located Southwest of 171st Street and Evans Plaza, is hereby approved, and concurrently a portion of the existing plat entitled Whispering Ridge Replat Seven, and described on said replat, is hereby vacated - Inside City – over from 3/16/10 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 290 – March 16 Meeting) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 290 – ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the final plat of WHISPERING RIDGE REPLAT TWELVE, a minor plat, located Southwest of 171st Street and Evans Plaza - Inside City – over from 3/16/10 – see attached. (See Doc. # 290 – March 16 Meeting) # 290 – From Chair on File - 6 - LIQUOR 11. CLASS “C” – Club Equis, Inc., dba “Club Equis”, 5017 South 24th Street. New application, New location. Property posted: 03-22-10; Notification sent: 03-19-10 – 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: Proponent: Michael Luna Protestant: George Huffaker, 5026 South 23rd Street CCID # 360 – Application read Motion by Gray that the application be amended from a Class “C” Liquor License to a Class “I” Liquor License Seconded by Thompson ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 Motion by Jerram that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 360 - ADOPTED AS AMENDED 6-0 12. CLASS “C” – Grand China Buffet, Inc., dba “Grand China Buffet”, 11226 Chicago Circle. New application, New location. Property posted: 03-22-10; Notification sent: 03-19-10 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Yzing Chun Jiang, 11226 Chicago Circle, appeared and spoke. Res # 361 – Application read Motion by Gray that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 361 - ADOPTED AS AMENDED 6-0 - 7 - (a) Communication from Grand China Buffet, Inc., dba “Grand China Buffet”, 11226 Chicago Circle, requesting to amend their application from a Class “C” Liquor License to a Class “I” Liquor License – see attached. # 361 – Motion by Gray that the amendment be approved Seconded by Thompson ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 13. CLASS “I” – Felix Hall, LLC, dba “Felix Hall”, 2226 “N” Street. New application, Old location. Currently licensed to Eagles Frat Order 154, 2226 “N” Street, 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)) Michael Lehan, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Stothert, Thompson, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Festersen, Gray, Stothert, Thompson, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 362 – ADOPTED 5-0-1 Pass 14. CATERING – Felix Hall, LLC, dba “Felix Hall”, 2226 “N” Street. New application, Old location. Currently licensed to Eagles Frat Order 154, 2226 “N” Street, who has a Class “C” Liquor License. – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Michael Lehan, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. - 8 - CCID # 363 – Motion by Gray that the application be approved Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Stothert, Thompson, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Festersen, Gray, Stothert, Thompson, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 5-0-1 Pass 15. Business Ventures, LLC, dba “Pitch Pizzeria”, 5021 Underwood Avenue, requests permission for an addition to their present Class “C/K” Liquor License location of a sidewalk café area approx. 26’ x 50’ to the west. Property posted: 03-18-10; Notification sent: 03-19-10 – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestants: Larry Fox, 621 North 51st Street Catherine Holland CCID # 364 – Motion by Gray that the request be laid over six weeks to May 11, 2010 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 (a) Communication supporting the application of Business Ventures, LLC, dba “Pitch Pizzeria”, 5021 Underwood Avenue for an addition to their present Class “C/K” Liquor License location – see attached. # 364 – Over to 05/11/10 16. Metropolitan Community College Culinary Co., dba “Sage Bistro/Institute for the Culinary Arts”, 5300 North 30th Street, Building 22, requests permission for additions to their present Class “I/K” Liquor License location of an irregular L-shaped sidewalk café/patio area approx. 138’ x 110’ to the south and east and a sidewalk café/patio area approx. 43’ x 30’ to the north. Property posted: 03-18-10; Notification sent: 03-19-10 – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Michael Lehan, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. - 9 - CCID # 365 – Motion by Thompson that the application be approved Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Stothert, Thompson, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Festersen, Gray, Stothert, Thompson, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 5-0-1 Pass 17. ROJA, LLC, dba “ROJA Mexican Grill & Margarita Bar”, 17010 Wright Plaza, Suite 102, requests permission for a Special Designated License for a beer garden on May 5, 2010 from 12:00 noon to 1:00 a.m. with music ending at 12:00 midnight – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Lori Daisley, General Manager, ROJA Mexican Grill & Margarita Bar, appeared and spoke. CCID # 281 – Motion by Thompson that the application be approved Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 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. 18 through 24 were held on March 23, 2010). - 10 - CONSENT AGENDA – ORDINANCES 18. Ord. to approve the grant of a non-exclusive easement to Lyman Richey Corporation across City owned property located near the intersection of 135th and Stevens Streets, commonly known as 4865 South 135th Street, for vehicular ingress and egress on the terms and conditions set forth in such easement; and to provide an effective date – see attached. (See Doc. # 304 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 304 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 38686 PASSED 6-0 19. Ord. to approve the acceptance of the American Recovery and Reinvestment Act Metro Drug Task Force Justice Assistance Grant, #09-DX-9010, in the amount of $612,235, with a match of $706,920 provided in the form of in-kind contributions by the Metro Drug Task Force, from the State of Nebraska Commission on Law Enforcement and Criminal Justice, during the project period of January 1, 2010 to December 31, 2011, to support the operations and activities of the Metro Drug Task Force; 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. (See Doc. # 305 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 305 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 38687 PASSED 6-0 - 11 - 20. Ord. to amend Section 23 - 177 of the Omaha Municipal Code by changing the title of the employment classification known as Engineering Services Manager to General Services Manager without changing the salary range for the classification of 21.2 MC ($58,791 - $72,415); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 306 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 306 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 38688 PASSED 6-0 21. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Graphics Specialist with a salary range of 7.1 MC ($35,184 to $42,575); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 307 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 307 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 38689 PASSED 6-0 22. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Marketing Manager with a salary range of 16.1 MC ($50,660 to $60,778); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. (See Doc. # 308 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. - 12 - CCID # 308 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 38690 PASSED 6-0 23. Ord. to approve and authorize payment from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide for payment to Vicky Knight-Poole of $900,000.00 extended over a period through January, 2014; to authorize the settlement of litigation brought by Vicky Knight-Poole and Albert Wesley Poole against the City of Omaha; and to provide an effective date hereof – see attached. (See Doc. # 316 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 316 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 38691 PASSED 6-0 24. Ord. to amend certain portions of Special Levy Ordinance No. 10105 levying an assessment for weed abatement in the year 2010, by adjusting the assessment on the properties legally described as Parcel: 4131-0000-16, Lot 8, Block P, Lowes Addition, 3526 Seward Street; and to provide for an effective date hereof – see attached. (See Doc. # 309 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 309 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President ORDINANCE # 38692 PASSED 6-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 13 - (The public hearings on Agenda Item Nos. 25 through 36 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 25. Res. that, as recommended by the Mayor, the contract with McC LLC for OPW 51769, being removal of a truss bridge over Cole Creek on 77th Street approximately 125 feet north of Cass Street in the amount of $49,999.00 be approved, and that Resolution No. 76, adopted January 26, 2010, be rescinded. The Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Bridge Maintenance Rehabilitation Organization 116164 – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 341 – ADOPTED 6-0 26. Res. that, as recommended by the Mayor, the Agreement with CH2M Hill, Inc. to provide professional services for a conceptual design for stabilization of creek banks on Hell Creek from West Center Road to Harrison Street and Rockbrook Creek from Prairie Lane Park to upstream of Westwood Lane and 115th Street, is hereby approved; and that the Finance Department is authorized to pay $49,958 for these services from the Street and Highway Allocation Fund 12131, Design Organization 116132 – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 342 – ADOPTED 6-0 - 14 - AGENDA ITEM NO. 27 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF THE CITY CLERK 27. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a purchase order to FM Lift Pro for the purchase of a forklift and truck to be utilized by the Fleet Management Division in the amount of $18,936.00; and, that the Finance Department is authorized to pay this cost from the General Fund 11111, Equipment Organization 116175, year 2010 expenditures – see attached. Res # 343 – Resolution read (a) Amendment of the Whole requested by the Public Works Department – see attached. Motion by Gray that the Amendment of the Whole be ADOPTED AS AMENDED Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 343 – ADOPTED AS AMENDED 6-0 28. Res. that, as recommended by the Mayor, the attached Loan Agreement between the City of Omaha and Bethesda Homes, LLC, a Nebraska Limited Liability Company (LLC); Managing Member: Bethesda Urban Community Development Corporation, Inc., a Nebraska Non-profit Religious Corporation, Joseph L. Shannon, Sr., President/CEO, 5116 Terrace Drive, Omaha, Nebraska, 68134 1) for the City to acquire seven (7) abandoned and foreclosed upon properties located between Harrison Street, I-680, 72nd Street and the Missouri River with other NSP funds, 2) authorizing the City to provide financing in the amount of $1,080,000.00 to the LLC for the rehabilitation work; 3) after the rehabilitation work is completed, permitting the LLC to lease the properties through a Lease-Purchase Program to eligible low- moderate-, and middle- income (LMMI) households whose gross annual household incomes are 50% and below the Median Income by Family Size (MFI) as established periodically by the U.S. Department of Housing and Urban Development; throughout the fifteen (15) year Affordability Period beginning with the occupancy of the property by the initial tenant while the property is rental property and continues with the homebuyer for the remainder of the Affordability Period; 4) establishing that the properties shall be and remain as rental properties through March 31, 2013; and 5) agreeing that beginning April 1, 2013, the properties can be sold to eligible LMMI households under terms and conditions mutually agreed upon by the City, NDED and the LLC, is hereby approved. Funds in the amount of $1,080,000.00 shall be paid from the NSP Contract No. 091OS23, CFDA #14.228, Fund No. 12198, Organization No. 129164 – see attached. Joseph L. Shannon Sr., Bethesda Homes, LLC, appeared and spoke. - 15 - Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 356 – ADOPTED 6-0 29. Res. that as recommended by the Mayor, the bid in the total amount of $103,771.91 from Van Diest Supply Co. for chemicals, items #1, #3, #4, #5, #7, #9, #10, #13, #14, #15, #17, #18, #20, #21, #22, #23, #25, #26, #30, #32, #35, #36, #39, #41, #43, #44, #45, #48 and #50 (description of each item attached), to be used by the Golf Division, being the best bid received, within the bid specifications, attached hereto and made a part hereof, is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from Golf Operations Fund No. 21114 and Organization No. 115461, Golf Operations – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 344 - ADOPTED 6-0 30. Res. that as recommended by the Mayor this Council does hereby approve the acceptance of grant award #G10MW0008A in the amount of $270,938.00 from the Office of National Drug Control Policy (ONDCP), High Intensity Drug Trafficking Areas (HIDTA) Program to provide general operating support to the Omaha Metro Drug Task Force, an initiative designed to implement the Strategy proposed by the Executive Board of the Midwest HIDTA and approved by the ONDCP, to be administered by the Omaha Police Department with no match requirement from the period of January 1, 2010 to December 31, 2010 – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 345 – ADOPTED 6-0 - 16 - 31. Res. that as recommended by the Mayor this Council does hereby approve the acceptance of the grant award in the amount of $15,968.00 from ServeNebraska to fund the Citizen Corps Omaha Royals Baseball Special Project ($5,500.00), a promotional event to recruit volunteers, and general operations for the East Citizen Corps Region-Douglas County Citizen Corps Program ($10,468.00), to be administered by the Omaha Police Department with no match requirement from the period of January 1, 2010 to December 31, 2010 – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 346 - ADOPTED 6-0 32. Res. that the Omaha Convention and Visitors Bureau is authorized to expend an amount not to exceed $111,695 to purchase a corporate sponsorship with ASAE & The Center for Association Leadership to promote Omaha as a convention destination for a term of April 1, 2010 through April 1, 2011, and the attached Sponsorship Agreement is hereby approved; and further that, the Finance Department is authorized to pay such $111,695 cost from the Fiscal Year 2010, Fund 21109, Organization 115915, Account 42112 in the amount of $50,000 (OCVB Marketing) and the remainder from Fiscal Year 2010, Fund 21109, Organization 115914, Account 42112 (Convention Sales) – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 358 - ADOPTED 6-0 33. Res. that as recommended by the Mayor, the attached agreement with AOI Corporation to purchase office furniture for the Omaha Convention and Visitors Bureau in an amount not to exceed $38,039.07, is hereby approved; and further that, the Finance Department is authorized to pay the costs of the services as specified therein from Fiscal Year 2010, Fund No. 21109, Organization No. 115911, Account No. 44111 – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 359 - ADOPTED 6-0 - 17 - AGENDA ITEM NO. 34 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER GRAY 34. Res. that the appointment by Mayor Jim Suttle of Michael J. Young as a member of the Transit Authority Board of Directors to serve a five-year term, which will commence on March 23, 2010, and expire on March 22, 2015, be and hereby is confirmed and approved – see attached. Michael Young, 3152 Arcadia Avenue, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 347 - ADOPTED 6-0 35. Res. that the appointment by the Mayor of Richard Kusleika to serve the remainder of John B. Wilhelmi’s three-year term as the commercial/industrial merit or open shop contractor member of the Air Conditioning/Air Distribution Board, to serve commencing upon City Council approval and expiring October 18, 2011, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 334 - ADOPTED 6-0 36. Res. that the renomination and reappointment by Councilmember Franklin Thompson of Marian Kaiser as an at-large member of the Civil Rights Hearing Board from Council District Six, to serve a three-year term commencing upon confirmation by the City Council and expiring three years thereafter, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Res # 335 - ADOPTED 6-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 18 - ORDINANCES ON FINAL READING 37. Spec. Ord. levying a special tax and assessment on certain lots, parts of lots and pieces of real estate in the City of Omaha, to cover the cost of constructing sidewalks in District No. SWR 09-01 – see attached. ((PUBLIC HEARING HELD 3/23/10 – CAN BE PASSED TODAY)) (See Doc. # 314 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010 and public hearing continued to March 30, 2010 published in the Daily Record on March 24, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 314 – Special Ordinance read Motion by Gray that the Special Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President SPECIAL ORDINANCE # 10112 PASSED AS AMENDED 6-0 (a) Amendment requested by the Public Works Department – see attached. # 314 - Motion by Gray that the Amendment be approved Seconded by Thompson ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 38. Spec. Ord. levying a special tax assessment for condemned buildings or structures in accordance with Section 48-93 of the Omaha Municipal Code on certain lots in the City of Omaha. Group No: 2010-1 – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE PASSED TODAY)) (See Doc. # 310 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 310 – Motion by Gray that the Special Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President SPECIAL ORDINANCE # 10113 PASSED 6-0 - 19 - 39. Spec. Ord. levying a special tax assessment for removal of litter in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha. (Group No. 2010-7) – see attached. ((PUBLIC HEARING HELD 3/23/10 – CAN BE PASSED TODAY)) (See Doc. # 311 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 311 – Special Ordinance read Motion by Gray that the Special Ordinance be PASSED AS AMENDED Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President SPECIAL ORDINANCE # 10114 PASSED AS AMENDED 6-0 (a) Amendment requested by the Finance Department – see attached. # 311 - Motion by Gray that the Amendment be approved Seconded by Gernandt ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 40. Spec. Ord. levying a special tax assessment for removing dangerous, dead, diseased or overhanging trees in accordance with Sections 37-1 through 37-95 of the Omaha Municipal Code on certain lots in the City of Omaha. (Group No. 2010-8) – see attached. ((PUBLIC HEARING HELD 3/23/10 – CAN BE PASSED TODAY)) (See Doc. # 312 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 312 – Motion by Gray that the Special Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President SPECIAL ORDINANCE # 10115 PASSED 6-0 - 20 - 41. Spec. Ord. levying a special tax assessment for removing dangerous, dead, diseased or overhanging trees in accordance with Sections 37-1 through 37-95 of the Omaha Municipal Code on certain lots in the City of Omaha. (Group No. 2010-9) – see attached. ((PUBLIC HEARING HELD 3/23/10 – CAN BE PASSED TODAY)) (See Doc. # 313 – March 16 and March 23 Meetings) Notice of public hearing on March 23, 2010 published in the Daily Record on March 19, 2010. Ordinance passed on March 30, 2010 published in the Daily Record on April 7, 2010. CCID # 313 – Special Ordinance read Motion by Jerram that the Special Ordinance be PASSED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President SPECIAL ORDINANCE # 10116 PASSED AS AMENDED 6-0 (a) Amendment requested by the Finance Department – see attached. # 313 - Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD APRIL 6, 2010 THE THIRD READING AND PUBLIC HEARING ON AGENDA ITEM NO. 42 SHALL BE HELD ON APRIL 13, 2010” ORDINANCE ON SECOND READING 42. Ord. to amend Section 41-2, 41-39, 41-Appendix B of the Omaha Municipal Code. Chapter 41-2 dealing with the adoption, with amendments, of certain air pollution rules and regulations of the State of Nebraska; to provide for adopting such regulations, including the most recent amendments thereto of May 17, 2009, and accepting there from certain prior changes dealing with definitions, enforcement, certain deletions; to amend Section 41-39 dealing with the establishment of Air Quality fees; and to amend section 41-Appendix B dealing with Odorous Sources; and to repeal sections 41-2, 41-39 and 41-Appendix B of the Omaha Municipal Code as heretofore existing and to provide for the effective date hereof – see attached. (See Doc. # 329 – March 23 Meeting) CCID # 329 – ORDINANCE ON SECOND READING – Final reading to be held on April 13, 2010 pursuant to City Council Rule VII H. * * * * * * * * * * * * * - 21 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 43 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – SCRAP AND SALVAGE SERVICES 43. Res. that the Special Use Permit application submitted by R2R Recycling, LLC, for a Special Use Permit to allow Scrap and salvage services in a HI-Heavy Industrial District, located at 902 Grace Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached. Notice of public hearing on April 13, 2010 published in the Daily Record on April 2, 2010. CCID # 336 – Over two weeks to April 13, 2010 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of a Special Use Permit to allow Scrap and salvage services in a HI District located at 902 Grace Street – see attached. # 336 – Over to 04/13/10 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD APRIL 6, 2010 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 44 THROUGH 47 SHALL BE HELD ON APRIL 20, 2010” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 44. Ord. to amend the boundaries of the ACI-2 (65) District of the Areas of Civic Importance Overlay District, to incorporate into that district the property located along Dodge Street from 69th Street to 84th Street and along 72nd Street from Cass Street to Pacific Street; and to provide for an effective date – see attached. CCID # 337 – Publication to be made and public hearing and third reading to be held on April 20, 2010 pursuant to City Council Rule VII H. - 22 - 45. Ord. to amend the boundaries of the ACI-2 (PL) District of the Areas of Civic Importance Overlay District, to incorporate into that district the property located along Dodge Street from 84th Street to 90th Street; and to provide for an effective date – see attached. CCID # 338 – Publication to be made and public hearing and third reading to be held on April 20, 2010 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of an Areas of Civic Importance Overlay District, (ACI-2 (65)) and an (ACI-2 (PL)) located along Dodge Street from 69th to 90th Streets and from 72nd Street from Cass to Pacific Streets – see attached. # 338 – Over to 04/20/10 46. Ord. to rescind a PK-Parking Overlay District located at 140 North 41st Street, and to provide for an effective date – see attached. CCID # 339 – Publication to be made and public hearing and third reading to be held on April 20, 2010 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the request to repeal the PK-Parking Overlay District for the property located at 140 North 41st Street – see attached. # 339 – Over to 04/20/10 47. Ord. to rezone property located at 140 North 41st Street from R5(35)-Urban Family Residential District to R5-Urban Family Residential District. CCID # 340 – Publication to be made and public hearing and third reading to be held on April 20, 2010 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 140 North 41st Street from R5(35) to R5 – see attached. # 340 – Over to 04/20/10 * * * * * * * * * * * * * - 23 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD APRIL 6, 2010 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 48 THROUGH 60 SHALL BE HELD ON APRIL 13, 2010” ORDINANCES ON FIRST READING 48. Ord. to accept the bid from Navarro Enterprises for grounds maintenance mowing of right-of-way identified as Area 1, being 90th Street east to the river from Cuming Street north to the city limits in the amount of $30,685.60 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. CCID # 348 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. 49. Ord. to accept the bid from Team Green for grounds maintenance mowing of right-of-way identified as Area 2, being 90th Street east to the river from Cuming Street south to Harrison Street in the amount of $22,861.44 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. CCID # 349 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. 50. Ord. to accept the bid from Ross Lawn for grounds maintenance mowing of right- of-way identified as Area 3, being 90th Street west to 168th Street from Dodge Street north to the city limits in the amount of $28,749.60 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. CCID # 350 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. - 24 - 51. Ord. to accept the bid from Team Green for grounds maintenance mowing of right-of-way identified as Area 4, being 90th Street west to 192nd Street from Dodge Street south to the Harrison Street in the amount of $67,094.77 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. CCID # 351 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. 52. Ord. to accept the bid from Nebraska Best Lawn for grounds maintenance mowing of right-of-way identified as Area 5, being 192nd Street west to the city limits from Pacific Street to Maple Street in the amount of $30,409.40 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. CCID # 352 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. 53. Ord. to accept the bid from Team Green for grounds maintenance mowing of right-of-way identified as Storz to North Freeway to Sorensen Mowing, being Storz Expressway from Abbott Drive to Sorensen Parkway, North Freeway from Sorensen Parkway to Cuming Street, and Sorensen Parkway from Storz Expressway west to 56th Street in the amount of $34,702.08 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. CCID # 353 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. - 25 - 54. Ord. to accept the bid from Reese Enterprises for grounds maintenance mowing of right-of-way identified as West Dodge to Maple Streets Mowing, being Dodge Street from 96th Street to 120th Street and Maple Street from east of 72nd Street to 177th Street in the amount of $23,388.16 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. CCID # 354 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. 55. Ord. to accept the bid from Reese Enterprises for grounds maintenance mowing of right-of-way identified as “L” Street Mowing, being “L” Street from 54th Street to 132nd Street and Industrial Road from 132nd Street to east of Bob Boozer Drive in the amount of $21,514.66 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. CCID # 355 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. 56. Ord. to exercise the prior option to extend a purchase order, initially approved by the City Council by Ordinance No. 36953, with Deffenbaugh Industries involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to authorize the Purchasing Division to issue a purchase order to Deffenbaugh Industries in the amount of $80,026.00 for collections of solid waste from Omaha Housing Authority Sites; to authorize the reimbursements to be paid from a specific account; and to provide an effective date hereof – see attached. CCID # 357 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. - 26 - 57. Ord. to approve the Seventh Amendment to Redevelopment Agreement between the CITY OF OMAHA and DURHAM WESTERN HERITAGE MUSEUM, a Nebraska nonprofit corporation, formerly known as WESTERN HERITAGE SOCIETY, INC. which extends the Redevelopment Agreement approved in January, 1995, for an additional period of three years; for the term of the Amendment, the City agrees to provide the interest, dividends and other income derived from the excess funds generated by the partial sale of the Byron Reed Collection to DURHAM WESTERN HERITAGE MUSEUM for maintenance of the remaining part of the Byron Reed Collection; the Finance Department will pay such funds from Fund 15112, Org. 126038; and to provide an effective date thereof – see attached. CCID # 369 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. 58. Ord. to amend Sections 23-103; 23-177; 23-180; 23-272; 23-309; 23-402; 23- 403; 23-417; 23-494; and 23-507 of the Omaha Municipal Code to reflect changes for the Administrative and Executive Classifications for the years 2009, 2010, 2011 and 2012; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with this ordinance shall not be applicable to those employees in Administrative and Executive Classifications; and to provide the effective date hereof – see attached. CCID # 366 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. 59. Ord. to amend Sections 23-103; 23-177; 23-180; 23-251; 23-253; 23-272; 23- 309; 23-402; 23-403; 23-417; 23-468; and 23-507 of the Omaha Municipal Code to reflect changes negotiated between the City of Omaha and the Civilian Management Professional and Technical Employees Council (CMPTEC) for the years 2009, 2010, 2011 and 2012; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with this ordinance shall not be applicable to those employees in CMPTEC; and to provide the effective date hereof – see attached. CCID # 367 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. - 27 - 60. Ord. to approve the Collective Bargaining Agreement for the years 2009, 2010, 2011 and 2012 between the City of Omaha and the Omaha City Employees, Local 251, American Federation of State, County and Municipal Employees, AFL-CIO; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with the provisions of the Collective Bargaining Agreement shall not be applicable to those employees in the Bargaining Unit described in Article 1, Section I, of said Collective Bargaining Agreement; to provide authorization for the Mayor to execute and the City Clerk to attest his signature; and to provide the effective date hereof – see attached. CCID # 368 – Publication to be made and public hearing to be held on April 13, 2010 pursuant to City Council Rule VII H. * * * * * * * * * * * * * EXECUTIVE SESSION 60. CCID # 370 – Motion by Jerram to go into Executive Session at 3:19 P.M. for the purpose of discussing labor negotiations Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 CITY COUNCIL PRESIDENT GERNANDT STATED THAT THE CITY COUNCIL IS GOING INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LABOR NEGOTIATIONS ONLY CCID # 371 – Motion by Jerram to come out of Executive Session at 3:46 P.M. Seconded by Gray ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 CITY COUNCIL PRESIDENT GERNANDT STATED THAT WHILE IN EXECUTIVE SESSION THE CITY COUNCIL DISCUSSED LABOR NEGOTIATIONS ONLY - 28 - Motion by Gray that the meeting be adjourned Seconded by Festersen ROLL CALL: Yeas: Festersen, Gray, Jerram, Stothert, Thompson, Mr. President Motion Carried 6-0 ADJOURNED: 3:47 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on March 30th, 2010. WITNESS: ______________________________ ________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 1st DAY OF APRIL 2010.