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2009-10-06j31st REGULAR OMAHA CITY COUNCIL MEETING OCTOBER 6, 2009 THE CITY COUNCIL met in Regular Session on Tuesday, October 6, 2009 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 # 1128 – Present: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent Entire Meeting: Sigerson 2. Pledge of Allegiance. 3. Invocation by Councilmember Ben Gray of District No. 2. CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on October 2, 2009, notice re: Pre-Council and Regular City Council Meetings, October 6, 2009. CCID # 1129 – 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 - ORDINANCE ON FINAL READING AND RESOLUTIONS RE: BONDS 5. Ord. authorizing and providing for the issuance and sale of not to exceed Five Million Dollars ($5,000,000) aggregate principal amount Special Tax Revenue Redevelopment Bonds, Series 2009 of the City of Omaha, Nebraska for the purpose of paying all or part of the cost of the acquisition of property, demolition of structures, site preparation, and construction and installation of a parking lot and other public improvements relating to the redevelopment of the former Pinnacle Foods Corporation site and adjacent lots pursuant to the Downtown Northeast Redevelopment Plan; prescribing the form and detail of said Bonds; ratifying and confirming the creation of a Community Development Agency; providing for the annual certification of the amount of community redevelopment tax to be levied for each succeeding fiscal year; pledging the Special Tax Revenues to the payment of the principal of and interest on said Bonds as the same fall due and to carry out all other covenants of this ordinance; limiting the payment of said Bonds solely to said Special Tax Revenues; creating and establishing funds and accounts; authorizing the sale of said Bonds by negotiation; providing for continuing disclosure; making other covenants and agreements in connection with the foregoing; and appointing a paying agent and registrar – over from 09/29/09 – see attached. ((PUBLIC HEARING HELD 09/22/09 AND 09/29/09 – CAN BE PASSED TODAY)) (See Doc. # 1080 – September 15, September 22 and September 29 Meetings) Notice of the public hearing on September 22, 2009 published in the Daily Record on September 18, 2009. Notice of public hearing on September 29, 2009 published in the Daily Record on September 25, 2009. Ordinance passed on October 6, 2009 published in the Daily Record on October 14, 2009. CCID # 1080 – Ordinance read (a) Amendment of the Whole requested by the Finance Department – over from 09/29/09 – see attached. (See Doc. # 1080 – September 29 Meeting) # 1080 – From Chair on File (b) Amendment of the Whole requested by the Finance Department – see attached. CCID # 1080 – Motion by Thompson that the Amendment of the Whole be PASSED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson ORDINANCE # 38540 PASSED AS AMENDED 6-0 - 3 - 6. Res. that the Preliminary Official Statement pertaining to the issuance and sale of the Special Tax Revenue Redevelopment Bonds, Series 2009A and Taxable Series 2009B (Build America Bonds—Direct Payment) in the aggregate principal amount of not to exceed $6,000,000 by the City of Omaha, Nebraska in Exhibit A attached hereto and by this reference made a part hereof as fully as if set forth herein is hereby approved in substantially the form attached hereto, the Preliminary Official Statement is hereby deemed final as of its date, within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (except for certain omissions permitted by said Rule 15c2-12), the Finance Director is hereby authorized to deliver the Preliminary Official Statement on behalf of the City, and the distribution of the Preliminary Official Statement by the prospective underwriter of the Bonds is hereby approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1150 – ADOPTED 6-0 7. Res. that the City Council hereby authorizes and approves the Placement Agreement for $2,058,000 Tax Allocation Bonds (Riverfront Place Redevelopment Project), Series 2009A and Taxable Series 2009B, the issuance, sale and delivery of such Bonds to the Purchaser thereof, and related matters – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1151 – ADOPTED 6-0 - 4 - ZONING ORDINANCE ON FINAL READING and Planning Board Attachment 8. Ord. to adopt a PK-Parking Overlay District, in an R4-Single Family Residential District (High Density) located at 2043, 2049 and 2053 North 20th Street, to approve the Parking Plan, and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 1107 – September 22 and September 29 Meetings) Notice of the public hearing on October 6, 2009 published in the Daily Record on September 25, 2009. Ordinance passed on October 6, 2009 published in the Daily Record on October 14, 2009. Dan Dolezal, Ehrhart Griffin and Associates, appeared and spoke. CCID # 1107 – Motion by Gray that the Ordinance be passed Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson ORDINANCE # 38541 PASSED 6-0 (a) Planning Board and Planning Department recommend approval of a PK-Parking Overlay District in an R4-Single Family Residential District (High Density) located at 2043, 2049 and 2053 North 20th Street – see attached. (See Doc. # 1107 – September 22 Meeting) # 1107 – From Chair on File RESOLUTIONS RE: PRELIMINARY PLATS, PLAT AND SUBDIVISION AGREEMENT 9. Res. that the preliminary plat entitled 72 BLONDO located at 1945 North 72nd Street, 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 06/16/09 and continue the Public Hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 948 – September 9, 2008, September 23, 2008, December 16, 2008, March 17, 2009 and June 16, 2009 Meetings) CCID # 948 – Motion by Gray that the Resolution be laid over sixteen weeks to January 26, 2010 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Motion Carried 6-0 - 5 - (a) Planning Board and Planning Department recommend approval of a preliminary plat for 72 BLONDO located at 1945 North 72nd Street – Inside City – over from 06/16/09 – see attached. (See Doc. # 948 – September 9, 2008, September 23, 2008, December 16, 2008, March 17, 2009 and June 16, 2009 Meetings) # 948 – Over to 01/26/10 (b) Communication from John Bachman, representing the developer, requesting that Agenda Item Nos. 9, 10 & 11, re: Preliminary Plat, Plat and Subdivision Agreement for 72 Blondo, be laid over sixteen weeks to January 26, 2010 – see attached. # 948 – From Chair on File 10. Res. that the replat transmitted herewith entitled 72 BLONDO, located at 1945 North 72nd Street, is hereby approved, and concurrently a portion of the existing plats entitled Bowling Green and Maenner West, and described on said replat, are hereby vacated – Inside City – over from 06/16/09 and continue the Public Hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 949 – September 9, 2008, September 23, 2008, December 16, 2008, March 17, 2009 and June 16, 2009 Meetings) CCID # 949 – Motion by Gray that the Resolution be laid over sixteen weeks to January 26, 2010 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Motion Carried 6-0 (a) Planning Board and Planning Department recommend approval of the final plat of 72 BLONDO located at 1945 N. 72nd Street – Inside City – over from 06/16/09 – see attached. (See Doc. # 948 – September 9, 2008, September 23, 2008, December 16, 2008, March 17, 2009 and June 16, 2009 Meetings) # 949 – Over to 01/26/10 - 6 - 11. Res. that the Subdivision Agreement between the City of Omaha and PDM, Inc., as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as 72 Blondo (Lots 1-3) and is located southeast of 72nd and Blondo Streets – over from 06/16/09 and continue the Public Hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 988 – September 9, 2008, September 23, 2008, December 16, 2008, March 17, 2009 and June 16, 2009 Meetings) CCID # 988 – Motion by Gray that the Resolution be laid over sixteen weeks to January 26, 2010 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Motion Carried 6-0 “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 12 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” 12. Res. that the preliminary plat entitled SHANNON HEIGHTS located Southeast of 19th and Locust 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 20, 2009 published in the Daily Record on October 9, 2009. CCID # 1131 – Over two weeks to October 20, 2009 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of SHANNON HEIGHTS located Southeast of 19th and Locust Streets – Inside City – see attached. # 1131 – Over to 10/20/09 - 7 - LIQUOR 13. CLASS “C” – High Tides of Omaha, LLC, dba “Cheeseburger in Paradise”, 17304 Davenport Street, Suite 100. New application, old location. UPGRADE. Present licensee is Cheeseburger – Nebraska, Ltd Ptr., dba “Cheeseburger in Paradise”, 17304 Davenport Street, Suite 100, who has a Class “I” Liquor License. Property posted: 09/23/09. Notification sent: 09/25/09 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Jeff Green, 1070 Iowa Court, Fremont, Nebraska, appeared and spoke. CCID # 1130 – Application read Motion by Jerram that the application be amended from a Class “C” Liquor License to a Class “I” Liquor License Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Motion Carried 6-0 Motion by Thompson that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1130 – ADOPTED AS AMENDED 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 hearing on Agenda Item No. 14 was held on September 29, 2009). (The public hearings on Agenda Item Nos. 15 through 23 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) - 8 - CONSENT AGENDA – ORDINANCE ORDINANCE 14. Ord. (1) to approve (a) an Agreement between the City of Omaha and the Douglas County Board of Commissioners for the Douglas County Public Defender’s Office in the amount of $87,000; (b) an Agreement between the City of Omaha and the Douglas County Board of Commissioners for the Douglas County Sheriff’s Office in the amount of $34,595; (c) an Agreement between the City of Omaha and the Douglas County Board of Commissioners for the Douglas County Juvenile Assessment Center in the amount of $57,000; (d) an Agreement between the City of Omaha and the Douglas County Board of Commissioners for the Douglas County District Court, Fourth Judicial District in the amount of $125,338; and (e) an Agreement between the City of Omaha and the Douglas County Board of Commissioners for the Douglas County Attorney’s Office in the amount of $10,500; and (2) to authorize funding for such agreements from the 2009 Edward Byrne Memorial Justice Assistance Grant, #2009-DJ-BX-0675, Fund 12148, Organization 130734; to provide funding for local law enforcement programs, crime prevention programs and technology improvements; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof – see attached. (See Doc. # 1101 – September 22 and September 29 Meetings) Notice of the public hearing on September 29, 2009 published in the Daily Record on September 25, 2009. Ordinance passed on October 6, 2009 published in the Daily Record on October 14, 2009. CCID # 1101 – Motion by Gray that the Ordinance be passed Seconded by Jerram ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson ORDINANCE # 38542 PASSED 6-0 ((MOTION NEEDED THAT THE ORDINANCE ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 9 - CONSENT AGENDA – RESOLUTIONS RESOLUTIONS 15. Res. that the City Council of the City of Omaha recommends to Douglas County the vacation of 203rd Avenue (a/k/a Railroad Avenue) from Blondo Parkway to the southwest, pursuant to Exhibit “A”, a copy of which is attached hereto, and made a part hereof by this reference, along with the conditions set out in Exhibit "B" attached hereto and made a part hereof; further that, the City Clerk is authorized to file a certified copy of this Resolution in the Office of the Douglas County Clerk – see attached. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1132 – ADOPTED 6-0 (a) Planning Board and Planning Department recommend approval of the vacation of 203rd Avenue (a/k/a Railroad Avenue) from Blondo Parkway to the southwest – Outside City – see attached. # 1132 – From Chair on File 16. Res. that the attached Agreement as recommended by the Mayor, between the City of Omaha and the Housing Authority of the City of Omaha, 540 South 27th Street, Omaha, Nebraska, 68105, in the amount of $969,097.80; comprised of $16,297.80 in FY 2006 HOME Funds, $450,000.00 in FY 2007 HOME Funds and $450,00.00 in FY 2009 HOME Funds and $52,800.00 administrative funds for the Rental Assistance Program, which will assist a minimum of 120 low-income households including households from transitional programs for homeless persons and programs for persons with disabilities, for the period from August 1, 2009 through August 31, 2010 is hereby approved. Rental assistance payments totaling $916,297.80 shall be paid from Fund No. 12179, Organization No. 128034 and administrative funds of $52,800.00 shall be paid from General Fund No. 11111, Organization No. 109023 – see attached. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1135 – ADOPTED 6-0 - 10 - 17. Res. that, as recommended by the Mayor, the bid in the total amount of $244,900.00, from Dostals Construction Co., Inc., to furnish all labor, materials, and equipment necessary for signage and playground improvements at Lawrence Youngman Lake, located at approximately 192nd Street and West Dodge Road, Omaha, Nebraska, to include but not be limited to the installation of a stone monument sign, play equipment, seeding and walkways for the Parks, Recreation and Public Property Department 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 the Miscellaneous Contributions Fund No. 12117 and Organization No. 124077 – see attached. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1136 – ADOPTED 6-0 18. Res. that, as recommended by the Mayor, the Purchasing Agent is authorized to issue a purchase order to Superior Green for a contract extension to provide snow removal service for the representative snow season, 2009 – 2010, for the Omaha Public Library system at nine library properties, in the amount of $36,830.00; further that the Finance Department of the City of Omaha is authorized to pay the cost of the snow removal service from the Omaha Public Library Year 2009 and 2010, General Fund 11111, Organization 117014, Object 42476 – see attached. Regina Dale, Library, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1149 – ADOPTED 6-0 - 11 - 19. Res. that the reappointment by Mayor Jim Suttle of Robert J. Barnes as a master steamfitter member of the Steam Fitter Examiners Board, commencing upon confirmation by the City Council and expiring on June 10, 2013, be and hereby is confirmed and approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1138 – ADOPTED 6-0 20. Res. that the reappointment by Mayor Jim Suttle of Ronald S. Feuerbach as an engineer member of the Steam Fitter Examiners Board, to serve a term commencing upon confirmation by the City Council and expiring on June 10, 2013, be and hereby is confirmed and approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1139 – ADOPTED 6-0 21. Res. that the reappointment by Mayor Jim Suttle of Michael G. McEvoy as a journeyman member of the Steam Fitter Examiners Board, to serve a term commencing upon confirmation by the City Council and expiring June 10, 2013, be and hereby is confirmed and approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1140 – ADOPTED 6-0 - 12 - 22. Res. that the reappointment by Mayor Jim Suttle of Robert Hancock as a regular member of the Zoning Board of Appeals, to serve a five year term commencing on October 20, 2009, and expiring on October 19, 2014, be and hereby is confirmed and approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1153 – ADOPTED 6-0 23. Res. that the appointment by Mayor Jim Suttle of Rachel Jacobson as the citizen at large member of the Urban Design Review Board, to serve the remaining term commencing upon confirmation by the City Council, and expiring February 26, 2011, be and hereby is confirmed and approved – see attached. Motion by Jerram that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1141 – ADOPTED 6-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * RESOLUTIONS 24. Res. that the nomination of “Adam Herold Street” as a commemorative street name on Webster Street between 38th & 40th Streets is hereby approved; and the Public Works Department is authorized to erect an acceptable sign therefore, in compliance with all applicable local and state statutes, ordinances or regulations, and policies with all costs to be borne by the applicant – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Senator Gwen Howard, 5512 Howard Street, appeared and spoke. Motion by Jerram that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1133 – ADOPTED 6-0 - 13 - 25. Res. that the nomination of “Christopher Allgaier Street” as a commemorative street name on 111th Street between Jackson Street and Jones Street is hereby approved; and the Public Works Department is authorized to erect an acceptable sign therefore, in compliance with all applicable local and state statutes, ordinances or regulations, and policies with all costs to be borne by the applicant – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 1134 – ADOPTED 6-0 26. Res. that the Mayor is authorized to sign the attached Agreement and Addendum to Agreement between the City of Omaha, Douglas County and Dr. Costis Toregas to implement the Technology plan developed jointly for the City of Omaha and Douglas County for the contracted amount of $48,000, plus approved travel and hotel expenses, with the cost to be equally divided between the City and County which City funds shall be from the General Fund 11111 Organization 119019 Account 42239 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Clare Duda, Douglas County Commissioner, 1303 North River Drive Charles Boyle, DOTComm Chief Information Officer Mary Ann Borgeson, Douglas County Commissioner, 12503 “N” Street For the City: Pam Spaccarotella, Finance Director Bernard in den Bosch, Assistant City Attorney Warren Weaver, City Council Chief of Staff Buster Brown, City Clerk CCID # 1154 –Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Festersen Nays: Stothert, Mr. President Pass: Thompson, Gray CITY CLERK CALLS THE ROLL AGAIN ROLL CALL: Yeas: Jerram, Thompson, Festersen Nays: Stothert, Gray, Mr. President Absent: Sigerson Motion LOST 3-3 - 14 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD OCTOBER 13, 2009 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 27 THROUGH 28 SHALL BE HELD ON OCTOBER 20, 2009” ZONING ORDINANCES ON SECOND READING 27. Ord. to rezone property located at 1126 and 1134 South 30th Avenue from R7-Medium Density Multiple Family Residential District to R4-Single Family Residential District (High Density). (See Doc. # 1115 – September 29 Meeting) CCID # 1115 – ORDINANCE ON SECOND READING – Final reading to be held on October 20, 2009 pursuant to City Council Rule VII H. 28. Ord. to amend the boundaries of the ACI-4 (PL) district of the Areas of Civic Importance Overlay District, to incorporate into that district the property located along West Dodge Road from 132nd Street to 192nd Street; and to provide for an effective date – see attached. (See Doc. # 1116 – September 29 Meeting) CCID # 1116 – ORDINANCE ON SECOND READING – Final reading to be held on October 20, 2009 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * - 15 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD OCTOBER 13, 2009 THE THIRD READINGS ON AGENDA ITEM NOS. 29 THROUGH 31 SHALL BE HELD ON OCTOBER 20, 2009” ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCES ON SECOND READING 29. Ord. approving an amendment to a Professional Services Agreement with Lovgren Marketing Group, originally approved by Ordinance No. 37925 on December 11, 2007, continuing to provide services as a Public Involvement Facilitator for the Combined Sewer Overflow Project, 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 Finance Department to pay for the services as outlined in the amendment to the contract documents in an amount not to exceed $220,000.00 with an end date for the amended contract of December 31, 2011; to authorize the reimbursements to be paid from a specific account; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1117 – September 29 Meeting) CCID # 1117 – Public hearing was held today – Final reading set for October 20, 2009 pursuant to City Council Rule VII H. 30. Ord. to transfer a permanent easement in land upon city owned property located along 48th Street on the west edge of Fontenelle Park, 4405 Fontenelle Boulevard, Omaha, Nebraska, to Metropolitan Utilities District (M.U.D.) for the installation and maintenance of a 6” plastic gas main to serve as a major distribution main for M.U.D.’s infrastructure replacement project; 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. # 1118 – September 29 Meeting) CCID # 1118 – Public hearing was held today – Final reading set for October 20, 2009 pursuant to City Council Rule VII H. (a) Amendment requested by the Parks, Recreation and Public Property Department – see attached. # 1118 – Over to 10/20/09 - 16 - 31. Ord. to amend Chapter 32 of the Omaha Municipal Code; to clarify minimum requirements for Post-Construction Storm Water Management Plans; to repeal Section 32-122 of the Omaha Municipal Code as heretofore existing; and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 1119 – September 29 Meeting) CCID # 1119 – Public hearing was held today – Final reading set for October 20, 2009 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * SPECIAL USE PERMIT – CONVENIENCE STORAGE 32. Res. that the Special Use Permit application submitted by Ashley Freeman for permission to allow Convenience Storage in a GC-General Commercial District, located at 5800 Ames Avenue, 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 – over from 09/15/09 and continue the Public Hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 962 – September 1 and September 15 Meetings) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Arun Agarwal, Ames Plaza, 5804 Ames Avenue Ken Bunger, 5016 North 103rd Avenue Ashley Freeman, Applicant Protestants: Wayne French, 4647 North 60th Street For the City: Rick Cunningham, Planning Director Buster Brown, City Clerk Resolution read Motion by Jerram that the Resolution be ADOPTED AS AMENDED Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Res # 962 – ADOPTED AS AMENDED 6-0 - 17 - (a) Planning Board recommends approval of the request of Ashley Freeman for a Special Use Permit to allow Convenience Storage in a GC-General Commercial District located at 5800 Ames Avenue – over from 09/15/09 – see attached. (See Doc. # 962 – September 1 and September 15 Meetings) # 962 – From Chair on File (b) Planning Department recommends layover of the request of Ashley Freeman for a Special Use Permit to allow Convenience Storage in a GC-General Commercial District located at 5800 Ames Avenue – over from 09/15/09 – see attached. (See Doc. # 962 – September 1 and September 15 Meetings) # 962 – From Chair on File (c) Communication from Sam Murante, Murante Real Estate Property Ventures LLC, re: conditions placed on the Planning Board approval of a Special Use Permit to allow Convenience Storage at 5800 Ames Avenue – over from 09/15/09 – see attached. (See Doc. # 962 – September 15 Meeting) # 962 – From Chair on File (d) Communication submitted by Lisa Dale, Chair, Benson-Ames Alliance Steering Council, opposing the request of Ashley Freeman for a Special Use Permit to allow Convenience Storage in a GC-General Commercial District located at 5800 Ames Avenue – over from 09/15/09 – see attached. (See Doc. # 962 – September 15 Meeting) # 962 – From Chair on File (e) Communication from Wayne French, re: Special Use Permit application submitted by Ashley Freeman to allow Convenience Storage in a GC District located at 5800 Ames Avenue – see attached. # 962 – From Chair on File (f) Amendment request by Councilmember Festersen – see attached. # 962 – Motion by Jerram that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Motion Carried 6-0 - 18 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD OCTOBER 13, 2009 AGENDA ITEM NO. 33 SHALL BE LAID OVER THREE WEEKS TO OCTOBER 27, 2009 FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – EXTERMINATING SERVICES 33. Res. that the Special Use Permit application submitted by Robert Larsen for permission to allow Exterminating Services in the CC-Community Commercial District, located at 4922 “Q” 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 October 27, 2009 published in the Daily Record on October 9, 2009. CCID # 1146 – Over three weeks to October 27, 2009 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a Special Use Permit to allow Exterminating Services in a CC District located at 4922 “Q” Street – see attached. # 1146 – Over to 10/27/09 * * * * * * * * * * * * * * - 19 - “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 34 THROUGH 35 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – SMALL GROUP LIVING 34. Res. that the Special Use Permit application submitted by Leslie Urban (c/o Omaha Chi Omega Building Corp.) for a Special Use Permit to allow Small Group Living (nondisabled) in a CC-Community Commercial District, located at 101 North 39th 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 October 20, 2009 published in the Daily Record on October 9, 2009. CCID # 1142 – Over two weeks to October 20, 2009 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 Small Group Living (nondisabled) in a CC District located at 101 North 39th Street – see attached. # 1142 – Over to 10/20/09 SPECIAL USE PERMIT – LARGE GROUP LIVING 35. Res. that the Special Use Permit application submitted by Compassionate Memory Care for permission to allow Large Group Living in a R2-Single Family Residential District (Low Density) located at 2402 North 102nd 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 October 20, 2009 published in the Daily Record on October 9, 2009. CCID # 1143 – Over two weeks to October 20, 2009 for publication and public hearing pursuant to City Council Rule VII E. - 20 - (a) Planning Board and Planning Department recommend approval of a Special Use Permit to allow Large Group Living in a R2-Single Family Residential District (Low Density) located at 2402 North 102nd Street – see attached. # 1143 – Over to 10/20/09 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD OCTOBER 13, 2009 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 36 THROUGH 38 SHALL BE HELD ON OCTOBER 27, 2009” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 36. Ord. to rezone property located at 4412 South 42nd Street from R4(35)-Single- Family Residential District (High Density) and GC-General Commercial District to CC-Community Commercial District. CCID # 1144 – Publication to be made and public hearing and third reading to be held on October 27, 2009 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 4412 South 42nd Street from R4(35) and GC to CC – see attached. # 1144 – Over to 10/27/09 37. Ord. to rezone property located at 4922 "Q" Street from DR-Development Reserve District and CC-Community Commercial District to CC-Community Commercial District. CCID # 1145 – Publication to be made and public hearing and third reading to be held on October 27, 2009 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 4922 “Q” Street from DR and CC to CC – see attached. # 1145 – Over to 10/27/09 - 21 - 38. Ord. to rezone property located Southwest of 152nd and Saratoga Streets from DR-Development Reserve District and R4-Single-Family Residential District (High Density) to R4-Single-Family Residential District (High Density). CCID # 1147 – Publication to be made and public hearing and third reading to be held on October 27, 2009 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located Southwest of 152nd and Saratoga Streets from DR and R4 to R4 – see attached. # 1147 – Over to 10/27/09 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD OCTOBER 13, 2009 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 39 THROUGH 42 SHALL BE HELD ON OCTOBER 20, 2009” ORDINANCES ON FIRST READING 39. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described properties located at 2416 Blondo Street and legally described as Lot 3, Block 1, Parkers Addition, an addition to the City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2009 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Dorothy Jones, as Personal Representative of the Estate of Claud Grant, 4422 Will O Run Drive, Jackson, Mississippi, to acquire the property for the sum of Forty Thousand and No/100 Dollars ($40,000.00) is approved; project costs will be paid from the FY 2009 Community Development Block Grant, Fund 12186, Organization 129127, Project 2469; and to provide the effective date hereof – see attached. CCID # 1148 – Publication to be made and public hearing to be held on October 20, 2009 pursuant to City Council Rule VII H. - 22 - 40. Ord. authorizing and approving a Lease Purchase Agreement (the “Agreement”) between the City of Omaha Public Facilities Corporation (the “Corporation”) and the City of Omaha, Nebraska (the “City”) a copy of which agreement is attached hereto as Exhibit A and incorporated herein by this reference, to provide funds for (1) the lease-purchase of and the financing of improvements and additions to certain real property comprising the library projects as described in the agreement (collectively, the “Project”) and (2) to refund the City of Omaha Parking Facilities Corporation Lease Revenue Bonds Series 1998 (Omaha Park Six Project) and Series 2000B (Omaha Park Seven Project) such bonds having financed portions of the Omaha Park Six and Seven; authorizing and approving a ground lease agreement (the “Lease”) between the Corporation and the City for the leasing of the project sites by the City to the Corporation, a copy of which lease is attached hereto as Exhibit B and incorporated herein by this reference; approving an indenture of trust (the “Indenture”) between the Corporation and First National Bank of Omaha, as Trustee, a copy of which indenture is attached hereto as Exhibit C and incorporated herein by this reference; approving the terms and conditions of the Corporation’s approximately $14,200,000 Lease Revenue Bonds and Lease Revenue Refunding Bonds, to be issued in one or more separate series as set forth in the indenture, authorizing and approving the form and content of a Letter Agreement (the “Letter Agreement”) constituting an undertaking by the City to provide ongoing disclosure about the City for the benefit of the holders of the bonds, a copy of which letter agreement is attached hereto as Exhibit D and incorporated herein by this reference; satisfying applicable federal income tax law requirements and approving the effective date hereof – see attached. CCID # 1152 – Publication to be made and public hearing to be held on October 20, 2009 pursuant to City Council Rule VII H. 41. Ord. to approve a Professional Services Agreement between the City of Omaha, a municipal corporation, and AOT Public Safety Corporation, a Maryland Corporation, with its principal place of business at 103 Paul Mellon Court, Waldorf, Maryland 20602, to provide billing and collection services for intrusion/fire alarm registrations, false alarm billings, monitoring company fines and fee billings, and collection services involving the payment of money from appropriations of more than one (1) year as provided in Section 5.17 of the Home Rule Charter of the City of Omaha 1956, as amended, for a period of five (5) years commencing on November 9, 2009; to provide funds from the Finance Department General Fund No. 11111, Organization No. 119014, Account No. 42239; and to provide the effective date hereof – see attached. CCID # 1155 – Publication to be made and public hearing to be held on October 20, 2009 pursuant to City Council Rule VII H. - 23 - 42. Ord. to approve a one year extension of the agreement between the City of Omaha and American Security Services (a.k.a. American Security & Investigations) to provide security guard services for the following libraries: W. Dale Clark Library, Benson Branch Library, Charles B. Washington Branch Library and Willa Cather Branch Library; to authorize the proposed rate of $13.12 per hour and $19.68 per hour for overtime; and to provide an effective date – see attached. CCID # 1156 – Publication to be made and public hearing to be held on October 20, 2009 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * EXECUTIVE SESSION 43. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Motion by Gray that the meeting be adjourned Seconded by Jerram ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Absent: Sigerson Motion Carried 6-0 ADJOURNED: 3:43 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 October 6th, 2009. WITNESS: ______________________________ ________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 8th DAY OF OCTOBER, 2009.