May 8, 2018 at 2:00 PM - Regular City Council Meeting
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CALL TO ORDER |
1. Roll Call
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2. Invocation by Councilmember Chris Jerram of District No. 3
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3. Pledge of Allegiance
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CERTIFICATION OF PUBLICATION - NOTIFICATION OF OPEN MEETING ACT |
4. City Clerk certifies publication in the Daily Record, the Official Newspaper of the City of Omaha on May 4, 2018, notice of the Pre-Council and Regular City Council Meetings, May 8, 2018. A current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers.
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PRESENTATIONS AND PROCLAMATIONS |
5. Presentations and Proclamations - Omaha Convention and Visitors Bureau Tourism Week
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PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS GLODA ADDITION |
6. RES. 446 - Res. that the Preliminary Plat entitled Gloda Addition, located southeast of Blair High Road and McKinley Street, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Gloda Investors, LLC - Outside City Limits. (PUBLIC HEARING AND VOTE TODAY)
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6.A. Planning Board and Planning Department recommend approval
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WEST CENTER COMMONS |
7. RES. 447 - Res. that, the Preliminary Plat entitled West Center Commons, located southeast of 204th Street and West Center Road, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Woodsonia-204 Center, LLC - Outside City Limits. (PUBLIC HEARING AND VOTE TODAY)
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7.A. Planning Board and Planning Department recommend approval
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LIQUOR AND KENO |
8. RES. 440 - RES 440 - Class "K" Liquor License Application - South Omaha's Finest, LLC, dba "South Omaha's Finest Tequila Garage", 4971 "Q" Street. (This is a new application for an existing location). Presently holds a Class "C" Liquor License. Notice was posted on the property on 04/18/18; Notification was sent to property owners within 500 feet on 04/27/18. (PUBLIC HEARING AND VOTE TODAY)
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9. RES. 441 - Res. that, in accordance with the Lottery Operator's Agreement with the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big Red satellite keno location at 6920 Pacific Street, Legends Patio Grill & bar, in Omaha, Nebraska. (PUBLIC HEARING AND VOTE TODAY)
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9.A. Communication in opposition
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CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed. 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 provided by the City Council Rules of Order.) (The public hearings on Agenda Items 8 and 9 were held on April 24, 2018.)
CONSENT AGENDA - ORDINANCES
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10. ORD. 41470 - An ordinance approving an Agreement for the sale of City-owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Real Estate Purchase Agreement with Ora Prince, 3724 North 36th Street, Omaha, NE 68111, to convey the property described in the agreement, located at 3732 North 36th Street and the north 20 feet of 3728 North 36th Street, in consideration of the sum of $700.00; there are no expenses associated with the transfer of the property to Ora Prince.
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11. ORD. 41471 - An ordinance to approve an Agreement between the City of Omaha and Omaha Public Schools for the City to provide, through its assignment, up to eleven Associate School Resource Officers and marked police cruisers, subject to the availability of such cruisers and the School District's needs, to specifically designated locations, involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter, to perform police work within the District with each Associate School Resource Officer working no more than 28 hours per week while school is in session during the regular school year, from the first day of the semester of August, 2017 and ending on July 31, 2019; reimbursement from the Omaha Public Schools to the City will be in the amount of $31.00 per hour for each officer for the 2017-2018 school year, and $35.00 per hour for each officer for the 2018-2019 school year.
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CONSENT AGENDA - RESOLUTIONS |
12. RES. 442 - Res. that, the City Clerk is hereby authorized and directed to publish the Petition for improvement of Garden Road, from South 105th Street south to its terminus north of West Center Road, within Road Maintenance District No. 745-29, to publish notice of the right to protest the said Petition and the said improvement, and to mail the said notice to record owners of taxable property within the said District, all as provided in this Resolution.
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13. RES. 443 - Res. that, the City Clerk is hereby authorized and directed to publish the Petition for improvement of Leavenworth Street from South 90th Street to South 91st Avenue, and South 91st Circle from Leavenworth Street to its terminus, within Road Maintenance District No. 745-30, to publish notice of the right to protest the said Petition and the said improvement, and to mail the said notice to record owners of taxable property within the said District, all as provided in this Resolution.
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14. RES. 444 - Res. that, as recommended by the Mayor, the Professional Services Agreement with Alfred Benesch and Company, in the amount of $205,689.86, to provide professional construction engineering services for MAPA-5059(1), Control Number 22718, also known as OPW 53089, being the 2017 Major Street Resurfacing Project. (The Finance Department is authorized to pay a fee not to exceed $205,689.86 from the City Street Maintenance Fund 12129, Major Street Resurfacing Organization 116159, year 2018 expenditure.)
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15. RES. 449 - Res. that, as recommended by the Mayor, between 11:00 p.m. on Wednesday, June 27, 2018 and 6:00 a.m. on Saturday, June 30, 2018, Memorial Park, 6005 Underwood Avenue, shall be open to accommodate the set-up of equipment and overnight security for the Bank of the West Celebrates America Concert event.
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16. RES. 450 - Res. that, as recommended by the Mayor, the invoice of Cengage Learning, providing a unique and non-competitive service, in the amount not to exceed $44,058.28 for the annual subscription renewal of Learning Databases, is hereby approved. (The Finance Department is authorized to pay $44,058.28 for the cost of the service from Year 2018, Fund 11111, Organization 117016, Object Code 43416.)
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17. RES. 451 - Res. that, as recommended by the Mayor, the purchase from Smiths Detection in the amount of $45,085.55 for the purchase of one (1) HazMatID Elite Single Diamond mass spectroscopy unit with an optional HazMatID Elite one (1) year partnership program warranty and a fentanyl library for the Omaha Fire Department hazardous materials (HazMat) team, is hereby approved. (The Finance Director is authorized to pay Smiths Detection in the amount of $45,085.55 from the Nebraska Emergency Management Agency (NEMA) FY 2017 State Homeland Security Grant, Award #EMW-2017-SS-00020-S01, Fund 12151, Organization 130762.)
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18. RES. 452 - Res. that, as recommended by the Mayor, the purchase from Nova Fitness Equipment, the lowest and best bidder according to specifications, in the amount of $283,348.00 for the purchase of 25 Cybex 770AT Total Body Trainers and 25 Cybex Braxo 8840H Functional Trainers for the Omaha Fire Department is hereby approved. (The Finance Director is authorized to provide payment of $279,451.00 from the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) FY 2016 Assistance to Firefighters (AFG) Grant Program - Operations and Safety, Award #EMW-2016-FO-06996, Fund 12168, Organization 114516; and in accordance with the contract terms. (The Finance Director is authorized to provide payment of $3,897.00 from General Fund 11111, Organization 114511, Account 42297; and in accordance with the contract terms.)
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19. RES. 453 - Res. that, the appointment of David Fanslau, Planning Director, to be a City employee member of the DOT.Comm Oversight Committee to serve for a term of two years upon the expiration of the term of the previous representative is hereby confirmed by the City Council.
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ORDINANCE ON SECOND READING |
20. ORD. 41473 - An ordinance to designate the Grand Theatre Building located southwest of 16th and Binney Streets as a landmark pursuant to the Landmark Heritage Preservation Ordinance of the City of Omaha. (First Reading May 1, 2018; Second Reading and Public Hearing May 8, 2018; Third Reading May 15, 2018) (PUBLIC HEARING TODAY)
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20.A. Planning Board and Planning Department recommend approval
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NON-ACTION ITEMS (Items 21 through 39 do not require a public hearing or City Council consideration at the present meeting, but will be placed on a future agenda for a public hearing and City Council consideration. The reason for non-action is noted after the item on the agenda as well as the date the item is expected to appear on an agenda for City Council consideration.)
THE LANDING
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21. ORD. 41485 - An ordinance to amend the boundaries of the ACI-1(PL)-Area of Civic Importance Overlay District, to incorporate into that district the property located southeast of 30th and Burt Streets. (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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21.A. Planning Board and Planning Department recommend approval
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22. RES. 410 - Res. that the Final Plat transmitted herewith entitled THE LANDING, located southeast of 30th and Burt Streets, is hereby approved, and concurrently a portion of the existing plats entitled Hillside Addition Number 2, Avondale Park, Sunnyside and Drake's Addition, and described on said replat, are hereby vacated. The applicant is 2929 California Plaza, LLC - Inside City Limits (LAID OVER TO THE MAY 15, 2018 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 40)
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22.A. Planning Board and Planning Department recommend approval
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23. RES. 411 - Res. that the Special Use Permit application submitted by 2929 California Plaza, LLC, for a Large Project Special Use Permit in a GO-General Office District for property southeast of 30th and Burt Streets, 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. (LAID OVER THE THE MAY 15, 2018 CITY COUNCIL MEETING TO NOTIFY SURROUNDING PROPERTY OWNERS, ADVERTISE FOR PUBLIC HEARING, AND TO COINCIDE WITH ITEM 40)
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23.A. Planning Board and Planning Department recommend approval
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24. RES. 421 - Res. that, the Subdivision Agreement between the City of Omaha and 2929 California Plaza, LLC, a Nebraska corporation, as recommended by the Mayor, providing for the reimbursement for certain public improvements to the benefit of the City, is hereby approved. The Subdivision is to be known as The Landing (Lots 1-5 and Outlot A) and is southeast of 30th and Burt Streets. (The City shall reimburse 2929 California Plaza, LLC, a Nebraska corporation, for the cost of the improvements, not to exceed $1,160,000.00, from the RNC Fund, Organization 116912, Fund 21124.) (LAID OVER TO THE MAY 15, 2018 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 40)
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THE RIDGES REPLAT 17 |
25. RES. 448 - Res. that the Preliminary Plat entitled The Ridges Replat 17, a cluster subdivision, located southeast of Pacific and 189th Streets, with a waiver of Section 53-9(9) of the Omaha Municipal Code for Sidewalks along the south side of Pacific Street only, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. (LAID OVER TO THE MAY 22, 2018 CITY COUNCIL MEETING TO NOTIFY SURROUNDING PROPERTY OWNERS AND ADVERTISE FOR PUBLIC HEARING)
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25.A. Planning Board and Planning Department recommend approval
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SPECIAL USE PERMIT |
26. RES. 445 - Res that the Special Use Permit application submitted by Leslie Salvage Inc., for a Special Use Permit to allow Scrap and salvage services in a GI-General Industrial District (property is also located within the flood fringe overlay district) for property located at 6202 Orchard Avenue, Omaha, Nebraska, is hereby approved as amended and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the approved resolution, as hereby amended to include the revised site plan attached as Exhibit "B", are satisfied and all applicable local or state statutes, ordinances or regulations are complied with. (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.) (LAID OVER TO THE MAY 22, 2018 CITY COUNCIL MEETING TO NOTIFY SURROUNDING PROPERTY OWNERS AND ADVERTISE FOR PUBLIC HEARING)
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26.A. Planning Board and Planning Department recommend approval
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PLANNING ORDINANCES ON SECOND READING WITH PLANNING BOARD ATTACHMENTS |
27. ORD. 41474 - An ordinance to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 1217 Pacific Street from HI-Heavy Industrial District to NBD-Neighborhood Business District (property is also located within an existing ACI-1 Overlay District). (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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27.A. Planning Board and Planning Department recommend approval
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28. ORD. 41476 - An ordinance to approve a PUR-Planned Unit Redevelopment Overlay District in an R6-Low Density Multiple Family Residential District, located at 1514 William Street, to approve the Development Plan. (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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28.A. Planning Board and Planning Department recommend approval
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29. ORD. 41475 - An ordinance to rezone the property located at 1514 William Street from GI-General Industrial District to R6-Low Density Multiple Family Residential District. (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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29.A. Planning Board and Planning Department recommend approval
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30. ORD. 41477 - An ordinance to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located southwest and southeast of 22nd Street and Willis Avenue from R4-Single Family Residential District (high density) and GC-General Commercial District to R4 District. (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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30.A. Planning Board and Planning Department recommend approval
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31. ORD. 41478 - An ordinance to rezone the properties located at 4524 and 4602 Farnam Street from GI-General Industrial District to CC-Community Commercial District (properties are also located within an existing ACI-2 Overlay District). (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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31.A. Planning Board and Planning Department recommend approval
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32. ORD. 41479 - An ordinance to rezone the property located northwest of 11th and Leavenworth Streets from DS-Downtown Services District to CBD-Central Business District (property is also located within an ACI-Area of Civic Importance). (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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32.A. Planning Board and Planning Department recommend approval
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33. ORD. 41480 - An ordinance to rezone the properties located at 3924 and 3926 Harney Street from GC-General Commercial District to NBD-Neighborhood Business District (properties are also located within an existing ACI-1 Overlay District). An ordinance to rezone the properties located at 3924 and 3926 Harney Street from GC-General Commercial District to NBD-Neighborhood Business District (properties are also located within an existing ACI-1 Overlay District). (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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33.A. Planning Board and Planning Department recommend approval
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34. ORD. 41481 - An ordinance to rezone the properties located at 4911 Underwood Avenue from R8-High-Density Multiple-Family Residential District to NBD-Neighborhood Business District (property is located in an NCE Overlay District). (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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34.A. Planning Board and Planning Department recommend approval
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35. ORD. 41482 - An ordinance to rezone the property located northeast of 212th and Harney Streets from R1-Single-Family Residential District (Large Lot) to R3-Single-Family Residential District (Medium-Density). (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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35.A. Planning Board and Planning Department recommend approval
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36. ORD. 41483 - An ordinance to rezone the properties located southeast of 147th and F Streets from LO-Limited Office District and CC-Community Commercial District to CC-Community Commercial District (portions of the property are located in the FF-Flood Fringe Overlay District). (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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37. ORD. 41484 - An ordinance to rezone the properties located southeast of 147th and F Streets from R6-Low-Density Multiple-Family Residential District and LO-Limited Office District to R6-Low-Density Multiple-Family Residential District (portions of the property are located in the FF-Flood Fringe Overlay District). (First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018)
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37.A. Planning Board and Planning Department recommend approval
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ORDINANCES ON FIRST READING |
38. ORD. 41486 - An ordinance to authorize the Purchasing Agent to issue a purchase order to Midwest Laboratories, Inc., in the amount of $64,725.00, for professional laboratory testing services for the testing of water and wastewater samples in conjunction with the treatment processes at the Missouri River Water Resource Recovery Facility and the Papillion Creek Water Resource Recovery Facility for a contract period of April 1, 2018 to March 31, 2020, with one optional two-year extension; to provide for payments from appropriations of more than one year in accordance with section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments totaling an estimated $64,725.00 per year, according to actual testing required, from specific accounts. (First Reading May 8, 2018; Second Reading and Public Hearing May 15, 2018; Third Reading May 22, 2018)
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39. ORD. 41487 - An ordinance approving an Agreement for the sale of City-owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the Real Estate Purchase Agreement with Seventy-Five North Revitalization Corporation, 4383 Nicholas Street, Suite 306, Omaha, NE 68131, to convey the property described in the agreement, located between Corby Street and Parker Street, in consideration of the sum of $1.00. There are no expenses associated with the transfer of the property to Seventy-Five North Revitalization Corporation. (First Reading May 8, 2018; Second Reading and Public Hearing May 15, 2018; Third Reading May 22, 2018)
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EXECUTIVE SESSION |
40. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation.
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ADJOURNMENT |
41. Motion to adjourn
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