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2012-05-22j17th REGULAR OMAHA CITY COUNCIL MEETING MAY 22, 2012 THE CITY COUNCIL met in Regular Session on Tuesday, May 22, 2012 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 Thomas Mulligan. ROLL CALL 1. City Clerk calls the roll. CCID # 669 – Present: Gray, Jerram, Stothert, Thompson, Gernandt, Mr. President Absent: Festersen 2. Pledge of Allegiance. COUNCILMEMBER FESTERSEN ENTERS THE LEGISLATIVE CHAMBERS 3. Invocation by Councilmember Pete Festersen of District No. 1. 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 May 18, 2012, notice re: Pre-Council and Regular City Council Meetings, May 22, 2012. CCID # 670 – 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 ORDINANCES ON FINAL READING and Planning Board Attachments 5. Ord. to rezone property located Northeast of 180th and Blondo Streets from AG- Agricultural District to DR-Development Reserve District, (portions of which property lie within the flood fringe). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 607 – May 8 and May 15 Meetings) Notice of public hearing on May 22, 2012 published in the Daily Record on May 11, 2012. Ordinance passed on May 22, 2012 published in the Daily Record on May 30, 2012. Jeff Elliott, E & A Consulting Group, 330 North 117th Street, appeared and spoke. CCID # 607 – Motion by Thompson that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39331 – PASSED 7-0 6. Ord. to rezone property located Northeast of 180th and Blondo Streets from AG - Agricultural District to R4-Single-Family Residential District (High Density), (portions of which property lie within the flood fringe). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 608 – May 8 and May 15 Meetings) Notice of public hearing on May 22, 2012 published in the Daily Record on May 11, 2012. Ordinance passed on May 22, 2012 published in the Daily Record on May 30, 2012. Jeff Elliott, E & A Consulting Group, 330 North 117th Street, appeared and spoke. CCID # 608 – Motion by Thompson that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39332 – PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northeast of 180th and Blondo Streets from AG to DR and R4 (portions of which property lie within the flood fringe) – see attached. (See Doc. # 608 – May 8 Meeting) # 608 – From Chair on File - 3 - 7. Res. that the plat entitled ANDRESEN MEADOWS, located Northeast of 180th and Blondo Streets, is hereby approved and accepted – Outside City – over from 5/8/12 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 609 – May 8 Meeting) Jeff Elliott, E & A Consulting Group, 330 North 117th Street, appeared and spoke. Motion by Thompson that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 609 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of ANDRESEN MEADOWS, located Northeast of 180th and Blondo Streets – Outside City – over from 5/8/12 – see attached. (See Doc. # 609 – May 8 Meeting) # 609 – From Chair on File 8. Res. that, the Subdivision Agreement among the City of Omaha, Blondo Street Development LLC, a Nebraska corporation, The Andresen Meadows Owners Association, and Sanitary and Improvement District (S.&I.D.) 555 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, 1% administrative fee, Interceptor Sewer Fee, Watershed Management Fee, Parks fees, contribution to improvements on 180 th Street and Blondo Street, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Andresen Meadows (Lots 1-172 and Outlots “A” through “I”) and is located northeast of 180 th and Blondo Streets – over from 5/8/12 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 610 – May 8 Meeting) Jeff Elliott, E & A Consulting Group, 330 North 117th Street, appeared and spoke. Motion by Thompson that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 610 – ADOPTED 7-0 - 4 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 29, 2012 AGENDA ITEM NOS. 9 THROUGH 10 SHALL BE LAID OVER THREE WEEKS TO JUNE 12, 2012 FOR PUBLICATION AND PUBLIC HEARING” RESOLUTIONS RE: PRELIMINARY PLAT, PLAT AND SUBDIVISION AGREEMENT 9. Res. that the preliminary plat entitled EKWALL 1 ST ADDITION, located Southeast of 156th Street and West Center Road, along with the attached conditions, 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 June 12, 2012 published in the Daily Record on May 25, 2012, CCID # 691 – Over three weeks to June 12, 2012 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of EKWALL 1ST ADDITION, located Southeast of 156th Street and West Center Road – Inside City – see attached. # 691 – Over to 06/12/12 10. Res. that the plat entitled EKWALL 1ST ADDITION, located Southeast of 156th Street and West Center Road, is hereby approved and accepted – Inside City – see attached. Notice of public hearing on June 12, 2012 published in the Daily Record on May 25, 2012, CCID # 692 – Over three weeks to June 12, 2012 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Final Plat of EKWALL 1ST ADDITION, located Southeast of 156th Street and West Center Road – Inside City – see attached. # 692 – Over to 06/12/12 * * * * * * * * * * * * * * - 5 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 29, 2012 AGENDA ITEM NO. 11 SHALL BE LAID OVER FOR THREE WEEKS TO JUNE 12, 2012” 11. Res. that, the Subdivision Agreement between the City of Omaha and Rex Ekwall, a resident of the State of Nebraska, as recommended by the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Ekwall 1 st Addition and is located Southeast of 156th Street and West Center Road – see attached. CCID # 693 – Over three weeks to June 12, 2012 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * LIQUOR AND RESOLUTIONS RE: KENO 12. CLASS “I” – No Do Zesto’s Operating, L.L.C., dba “Zesto/Blatt Beer & Tables”, 610 North 12th Street. New application, New location. Property posted: 05-09- 12; Notification sent: 05-11-12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Mike Kelley, 7134 Pacific Street, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained Seconded by Gray ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 671 – ADOPTED 6-0-1 Pass - 6 - (a) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: No Do Zesto’s Operating, L.L.C., dba “Zesto/Blatt Beer & Tables”, 610 North 12 th Street for a Class “I” and Catering Liquor License – see attached. # 671 – From Chair on File 13. CATERING – No Do Zesto’s Operating, L.L.C., dba “Zesto/Blatt Beer & Tables”, 610 North 12th Street. New application, New location. Property posted: 05-09- 12; Notification sent: 05-11-12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Mike Kelley, 7134 Pacific Street, appeared and spoke. Motion by Thompson that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 672 – ADOPTED 6-0-1 Pass 14. CLASS “I” – Village Canvas and Cabernet, LLC, dba “Village Canvas and Cabernet”, 6457 Frances Street, Suite 180. New application, New location. Property posted: 05-10-12; Notification sent: 05-11-12 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Kathy Burns, 7910 Dewey Avenue, appeared and spoke. Motion by Jerram that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 673 – ADOPTED 7-0 - 7 - 15. ON SALE BEER – RIAS Corporation, dba “Chicago Dawg House”, 3113 North 108th Street. New application, Old location. Present licensee is Chicago Dawg House, LLC, dba “Chicago Dawg House”, 3113 North 108th Street, who has an On Sale Beer License – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Motion by Jerram that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 674 – ADOPTED 7-0 16. CATERING – BKC Entertainment, LLC, dba “House of Loom”, 1012 South 10th Street. New application, Old location. Presently holds a Class “C” Liquor License. Property posted: 05-09-12; Notification sent: 05-11-12 – see attached. Ethan Bondelid, 1012 South 10th Street, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 675 – ADOPTED 7-0 17. CATERING – DJ2B, Inc., dba “Cruisers Bar & Grill”, 8634 “F” Street. New application, Old location. Presently holds a Class “I” Liquor License. Property posted: 05-10-12; Notification sent: 05-11-12 – 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: Proponents: Jeff Gaule, 8722 “M” Circle Denise Gaule, 8722 “M” Circle Motion by Stothert that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 676 – ADOPTED 7-0 - 8 - 18. Dolce Cakes, LLC, dba “Dolce Café”, 12317 West Maple Road, requests permission for an addition to their present Class “C/K” Liquor License location of a sidewalk café approx. 7’ x 21’ to the north. Property posted: 05 -10-12; Notification sent: 05-11-12 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Matt Spiker, 1125 South 103rd Street, appeared and spoke. CCID # 677 – Motion by Thompson that the request be approved contingent upon their compliance with the City of Omaha Planning Departmen t and proper permits obtained Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 (a) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: Dolce Cakes, LLC, dba “Dolce Café”, 12317 West Maple Road for an addition to their present Class “C/K” Liquor License location – see attached. # 677 – From Chair on File 19. Port Corporation, Inc., dba “Anchor Inn”, 5413 South 72 nd Street, requests permission for an addition to their present Class “C” Liquor License location to extend the existing outdoor area to 28’ x 55’ to the north. Property posted: 05 - 08-12; Notification sent: 05-11-12 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jeff Rybin, 5413 South 72nd Street, appeared and spoke. CCID # 678 – Motion by Gernandt that the request be approved contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 - 9 - (a) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: Port Corporatio n, Inc., dba “Anchor Inn”, 5413 South 72nd Street for an addition to their present Class “C” Liquor License location – see attached. # 678 – From Chair on File 20. Sergymart, LLC, dba “Corner Food Mart”, 2430 South 24th Street, requests permission to appoint Jonathan D. Smith manager of their pending Package Liquor license location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jonathan Smith, 2516 North Fowler Avenue, appeared and spoke. CCID # 714 – Motion by Gray that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 21. Sugar Hill 2, Inc., dba “Sugar Hill Package”, 5627 -29 Ames Avenue, requests permission to appoint Joyce Westbrook-Davis manager of their present Package Liquor license location – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Joyce Westbrook-Davis, 8218 North 36th Street, appeared and spoke. CCID # 679 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 - 10 - 22. Cory, Inc., dba “Welcome Inn Tavern”, 2332 South 24 th Street, requests permission for a Special Designated License for a dance/reception/fund raiser/beer garden on June 9, 2012 from 12:00 noon to 2:00 a.m. with music until 12:00 midnight – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Bryan Pecha, 2513 South 31st Street, appeared and spoke. CCID # 680 – Motion by Gernandt that the request be approved Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 23. My Place, Inc., dba “My Place”, 2229 Lake Street, requests permission for a Special Designated License for a dance/B -day party on June 1-2, 2012 from 8:00 p.m. to 2:00 a.m. with music until 1:00 a.m. – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Celeste Smith, 3019 Titus Avenue, appeared and spoke. CCID # 681 – Application read Motion by Gray that the application be amended to music ending at 12:00 midnight Seconded by Thompson ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 Motion by Gernandt that the request be APPROVED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 24. 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 3505 S. 42 nd Street, Grover Inn, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 682 – ADOPTED 7-0 - 11 - 25. 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 O Face Bar, 1014 S. 74 th Plaza, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 683 – ADOPTED 7-0 CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 26 through 28 were held on May 15, 2012.) CONSENT AGENDA – ORDINANCES 26. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and GTMC, LLC, a Nebraska limited liability company to implement the GTMC, LLC, Tax Increment Financing (TIF) Redevelopment Project Plan located at 2020 Avenue “J” East at the Open Door Mission Campus; the agreement proposes the construction of a new three -story building with approximately 34,000 square feet of space, which includes 96 residential single room occupancy (SRO) units plus common space; the agreement authorizes the use of $410,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date – see attached. (See Doc. # 611 – May 8 and May 15 Meetings) Notice of public hearing on May 15, 2012 published in the Daily Record on May 11, 2012. Ordinance passed on May 22, 2012 published in the Daily Record on May 30, 2012. CCID # 611 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39333 – PASSED 7-0 - 12 - 27. Ord. to approve the acceptance of and authorize the disbursement from the FY 2011 Metropolitan Medical Response System (MMRS) grant award, number #2011-SS-00017, and budget in the amount of two-hundred-eighty-one-thousand six-hundred-ninety-three dollars ($281,693.00) from the Nebraska Emergency Management Agency (NEMA), during the project period of September 23, 2011 to August 31, 2014, to fund Omaha Metropolitan Medical Response System (OMMRS) strategic projects that will provide Omaha Metropolitan Medical Response System (OMMRS) emergency response communities with enhanced capabilities for responding to the potential threats of manmade and natural disasters; to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof – see attached. (See Doc. # 612 – May 8 and May 15 Meetings) Notice of public hearing on May 15, 2012 published in the Daily Record on May 11, 2012. Ordinance passed on May 22, 2012 published in the Daily Record on May 30, 2012. CCID # 612 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39334 – PASSED 7-0 28. Ord. to amend Omaha Municipal Code Sec. 36-213 regarding hours of operation of parking meters; to codify the extended hours for paid meter parking in the City; to repeal Sec. 36-213 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 613 – May 8 and May 15 Meetings) Notice of public hearing on May 15, 2012 published in the Daily Record on May 11, 2012. Ordinance passed on May 22, 2012 published in the Daily Record on May 30, 2012. CCID # 613 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President ORDINANCE # 39335 – PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 13 - (The public hearings on Agenda Item Nos. 29 through 41 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 29. Res. that, as recommended by the Mayor, the contract with Greenlife Gardens for OPW 52311-SP, being MCC Bioretention Demonstration Gardens located at 30th and Fort Streets in the amount of $21,400.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Storm Water Management Plan Program Fund 12143, Storm Water Management Plan Program Organization 128026, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 696 – ADOPTED 6-0-1 Pass 30. Res. that, as recommended by the Mayor, the contract with Dostals Construction for OPW 52320-SP, being UNO Welcome Center Bioretention Garden located at 6601 Dodge Street in the amount of $46,500.00 is hereby approved; and, that the Finance Department is authorized to pay this cost from the Storm Water Management Plan Program Fund 12143, Storm Water Management Plan Program Organization 128026, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 697 – ADOPTED 6-0-1 Pass - 14 - 31. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Professional Paint & Coatings Inc. for the purchase of paint for graffiti abatement to be utilized by the Street Maintenance Division in the amount of $23,995.85; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Graffiti Abatement Organization 116156, year 2012 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 684 – ADOPTED 6-0-1 Pass 32. Res. that the application of Judith A. Walz for a lease of City property adjacent to 822 Pacific Street, Omaha, Nebraska for purposes of an encroachment of an existing building, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 698 – ADOPTED 6-0-1 Pass 33. Res. that the application of Joseph P. Mangiameli for a lease of City property adjacent to 1715 South 13th Street, Omaha, Nebraska for purposes of a retaining wall and entry stairs, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. - 15 - Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 699 – ADOPTED 6-0-1 Pass 34. Res. that the application of Pastoral Technologies, LLC for a lease of City property adjacent to 311 South 15th Street, Omaha, Nebraska for purposes of an outdoor eating or drinking area and fence, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 700 – ADOPTED 6-0-1 Pass AGENDA ITEM NO. 35 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER GRAY 35. Res. that the attached Agreement, as recommended by the Mayor, between the City of Omaha and the African American Empowerment Network,, Inc., a Nebraska non-profit corporation, 2221 North 24th Street, Omaha, Nebraska 68110, in the amount of $600,000.00, for partial funding of its Step Up Omaha Job Training and Work Experience Program for the period from April 1, 2012, through December 31, 2012, is hereby approved. Funds shall be paid from the FY 2011 Community Development Block Grant Fund No. 12186, Organization No. 109021 – see attached. - 16 - Willie Barney, Empowerment Network, 2221 North 24th Street, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 685 – ADOPTED 7-0 36. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Bahr, Vermeer, & Haecker Architects, Ltd. in the total amount of $94,900.00, to perform professional planning services, including design of lagoon, water quality improvements (dredging and liner), shoreline improvements, trail paving, bollard light replacement, and shoreline vegetation at Gene Leahy Mall, located at 1302 Farnam Street, 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 2010 Parks & Recreation Fund No. 13355 and Organization No. 117317, 2012 Issue Parks & Cultures Bond – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 686 – ADOPTED 6-0-1 Pass 37. Res. that, as recommended by the Mayor, the bid from S&W Fence Company, to furnish labor, materials, and all incidentals necessary to complete the repair of the electric gate at entrance No. 9 to Lake Cunningham, 8305 Rainwood Road, in the total amount of $22,866.00, 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 General Fund No. 11111 and Organization No. 115025, Ground Maintenance Contract – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram - 17 - CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 687 – ADOPTED 6-0-1 Pass 38. Res. that as recommended by the Mayor, the Contract between the Omaha Human Rights and Relations Department and the U.S. Equal Opportunity Commission for reimbursement for processing employment discrimination complaints arising within its jurisdiction for EEOC for t he time period of October 1, 2011 to September 30, 2012, and in the amount of $38,250.00, attached hereto as Exhibit “A”, is hereby approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 707 – ADOPTED 6-0-1 Pass 39. Res. that, the appointment by the Mayor of John Hargiss as the “Layperson” representative of the Landmarks Heritage Preservation Commission to serve a three-year term which commenced on April 24, 2012 and expires on April 23, 2015, is hereby confirmed – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 708 – ADOPTED 6-0-1 Pass - 18 - 40. Res. that, the appointment by the Mayor of Eduardo Santamaria as the “Owner/Operator of a Business” representative of the Landmarks Heritage Preservation Commission to serve a three-year term which commenced on February 14, 2012 and expires on February 13, 2015, is hereby confirmed – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 709 – ADOPTED 6-0-1 Pass 41. Res. that, as recommended by the Mayor, the re-appointment of D. David Slosburg to the Omaha Performing Arts Society, Inc.’s Board of Directors, for a two-year term commencing on July 9, 2012 and ending on July 8, 2014, is hereby confirmed – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Gray, Stothert, Thompson, Festersen, Gernandt, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 710 – ADOPTED 6-0-1 Pass ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * - 19 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 29, 2012 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEMS NOS. 42 THROUGH 43 SHALL BE HELD ON JUNE 5, 2012” ZONING ORDINANCES ON SECOND READING 42. Ord. to rescind the PK-Parking Overlay Districts for property located north of Chicago Street, south of Cass Street and east of 84th Street, and to provide for an effective date – see attached. (See Doc. # 658 – May 15 Meeting) CCID # 658 – ORDINANCE ON SECOND READING – Final reading to be held on June 5, 2012 pursuant to City Council Rule VII H. 43. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located north of Chicago Street, south of Cass Street and east of 84th Street; and to provide for an effective date – see attached. (See Doc. # 659 – May 15 Meeting) CCID # 659 – ORDINANCE ON SECOND READING – Final reading to be held on June 5, 2012 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * - 20 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 29, 2012 THE THIRD READING ON AGENDA ITEMS NOS. 44 THROUGH 49 SHALL BE HELD ON JUNE 5, 2012” ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCES ON SECOND READING 44. Ord. approving a redevelopment and tax increment financing loan agreement between the City of Omaha and The Barker Building, L.L.C., a Nebraska limited Liability Company to implement The Barker Building, L.L.C., Tax Increment Financing (TIF) Redevelopment Project Plan at the project site located at 306 South 15th Street; the plan proposes the conversion and rehabilitation of the historic Barker Building into a mixed-use, multi-family housing project consisting of approximately 48 market-rate units and a total of 6,575 square feet of commercial office/retail space; the agreement authorizes the use of up to $1,433,100.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; with additional provisions including granting of an airspace easement and additional improvements in the right of way; and providing for an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 660 – May 8 Meeting) Bridget Hadley, Planning Department, appeared and spoke. CCID # 660 – Public hearing was held today – Final reading set for June 5, 2012 pursuant to City Council Rule VII H. 45. Ord. to accept the bid of ABM Janitorial Services North Central, Inc., in the total amount of $12,348.68, per year, to furnish carpet cleaning services at various Community Centers and the Motto McLean Ice Arena, for the Parks, Recreation and Public Property Department, for a one -year (1) period, beginning June 1, 2012, through May 31, 2013, extendible for three (3) one -year terms at the sole option of the City, to authorize payment in accordance therewith; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 661 – May 8 Meeting) CCID # 661 – Public hearing was held today – Final reading set for June 5, 2012 pursuant to City Council Rule VII H. - 21 - 46. Ord. in accordance with Section 5.10 of the Home Rule Charter of the City of Omaha, 1956, as amended, to transfer $2,260,907 in unencumbered Fund appropriations in the 2012 Budget of the City of Omaha from the Parks Department to the Public Works Department for the purpose of providing funding for the Parking Garages; and to fix the effective date hereof to be immediately upon passage in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 662 – May 8 Meeting) Bob Stubbe, Public Works Director, appeared and spoke. CCID # 662 – Public hearing was held today – Final reading set for June 5, 2012 pursuant to City Council Rule VII H. 47. Ord. to approve and authorize payment from the City of Omaha to HP Financial Services of money 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 from a certain account to HP Financial Services, for a lease agreement extended over a three-year period in the amount of $109,753.06 commencing upon the passage of this ordinance for 206 (two hundred six) Configurable – HP Compaq 6005 Pro Microtower PC computers and 9 (nine) HP TouchSmart Elite 7320 Business PC Computers for the City of Omaha Public Library; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 663 – May 8 Meeting) CCID # 663 – Public hearing was held today – Final reading set for June 5, 2012 pursuant to City Council Rule VII H. 48. Ord. to amend Sec. 20-162 of the Omaha Municipal Code prohibiting ticket scalping; to remove the obsolete reference to Qwest Center Omaha; to apply the regulation to facilities renamed in the future; to repeal Sec. 20 -162 as heretofore existing; and to provide an effective date – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 667 – May 8 Meeting) CCID # 667 – Public hearing was held today – Final reading set for June 5, 2012 pursuant to City Council Rule VII H. - 22 - 49. Ord. to amend Omaha Municipal Code Sec. 48 -112; to provide that appeals from orders or notices regarding improperly located trash containers be heard by the City’s Administrative Appeals Board rather than the Building Board of Review; to repeal Sec. 48-112 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 668 – May 8 Meeting) CCID # 668 – Public hearing was held today – Final reading set for June 5, 2012 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * RESOLUTION 50. Res. that the appointment by Mayor Jim Suttle of Amy A. Haase as a member of the Transit Authority Board of Directors to serve a five-year term, which will commence on April 17, 2012, and expire on April 16, 2017, be and hereby is confirmed and approved – over from 4/24/12 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 568 – April 24 Meeting) Motion by Gernandt that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 568 – ADOPTED 7-0 “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD MAY 29, 2012 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEMS NOS. 51 THROUGH 56 SHALL BE HELD ON JUNE 12, 2012” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 51. Ord. to rezone property located at 2727 South 156th Street from GI -General Industrial District to CC-Community Commercial District (portions of which property lie within the flood fringe and floodway). CCID # 688 – Publication to be made and public hearing and third reading to be held on June 12, 2012 pursuant to City Council Rule VII H. - 23 - 52. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 2727 South 156th Street; and to provide for an effective date – see attached. CCID # 689 – Publication to be made and public hearing and third reading to be held on June 12, 2012 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2727 South 156th Street from GI to CC (portions of which property lie within the flood fringe and floodway) and approval of an MCC Overlay District – see attached. # 689 – Over to 06/12/12 53. Ord. to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located Southeast of 156th Street and West Center Road; and to provide for an effective date – see attached. CCID # 690 – Publication to be made and public hearing and third reading to be held on June 12, 2012 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of an MCC-Major Commercial Corridor Overlay District, for property located Southeast of 156th Street and West Center Road – see attached. # 690 – Over to 06/12/12 54. Ord. to rezone the property located at 885 North H.W.S. Cleveland Boulevard from R6-Low-Density Multiple-Family Residential District to MU-Mixed Use District. CCID # 701 – Publication to be made and public hearing and third reading to be held on June 12, 2012 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend DENIAL of a request to rezone the property located at 885 North H.W.S. Cleveland Boulevard from R6 to MU – see attached. # 701 – Over to 06/12/12 - 24 - 55. Ord. to approve a Major Amendment to the Mixed Use District Development Agreement for West Dodge Station to allow general office, located at 885 North H.W.S. Cleveland Boulevard, between the City of Omaha and E & G Investments, LLC, providing site development standards; and to provide for an effective date – see attached. CCID # 702 – Publication to be made and public hearing and third reading to be held on June 12, 2012 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend DENIAL of a Major Amendment to the Mixed Use District Development Agreement for West Dodge Station to allow general office, located at 885 North H.W.S. Cleveland Boulevard – see attached. # 702 – Over to 06/12/12 56. Ord. to approve an amendment to the Future Land Use Element of the Master Plan for the City of Omaha, to de-designate West Dodge Place (52.15 acres) as Mixed Use to allow an additional 10.8 acres of Mixed Use development for the property located Northwest of 180th Street and West Dodge Road (West Dodge Station); and to provide for the effective date hereof – see attached. CCID # 703 – Publication to be made and public hearing and third reading to be held on June 12, 2012 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend DENIAL of an amendment to the Future Land Use Element of the Omaha Master Plan to de-designate West Dodge Place (52.15 acres) as Mixed Use to allow an additional 10.8 acres of Mixed Use development for the property located Northwest of 180th Street and West Dodge Road (West Dodge Station) – see attached. # 703 – Over to 06/12/12 * * * * * * * * * * * * * * - 25 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETINGS BEING HELD MAY 29, 2012 THE SECOND READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 57 THROUGH 62 SHALL BE HELD ON JUNE 5, 2012” ORDINANCES ON FIRST READING 57. Ord. approving a Program Agreement between the City of Omaha and the Nebraska Department of Roads (NDOR) for Federal Aid Project MAPA-5103(16) State Control No. 22536, being Major Street Resurfacing, 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 provide for the terms and conditions under which Omaha and NDOR will participate i n this project for the resurfacing of 13 major street sections within Omaha during the 2012 and 2013 construction seasons; to authorize the Finance Department to pay the City’s local share of the project costs, currently estimated to be $786,780.00, according to the terms and conditions contained within the Agreement; and to provide an effective date hereof – see attached. CCID # 694 – Publication to be made and public hearing to be held on June 5, 2012 pursuant to City Council Rule VII H. 58. Ord. approving a Professional Services Agreement between the City of Omaha and the Alfred Benesch & Company for Construction Engineering Services, involving the payment of money from appropriations of more than one y ear in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Alfred Benesch & Company will provide these services on various street resurfacing and improvement projects during the 2012-2016 construction seasons; to authorize the Finance Department to pay the City’s local share of the project costs, currently estimated to be $601,507.00, according to the terms and conditions contained within the Agreement; and to provide an effective date hereof – see attached. CCID # 704 – Publication to be made and public hearing to be held on June 5, 2012 pursuant to City Council Rule VII H. - 26 - 59. Ord. approving a Change Order to a contract with Deffenbaugh Industries Inc. for OPW 50559, being Garbage, Recyclable Material and Yard Waste Collection for the City of Omaha for the establishment of a fuel surcharge, expansion of yardwaste collection dates, extension of recycling services to Group Dwelling Units and other amendments to enhance the sustainability and efficiency of the solid waste collection program, 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 fuel surcharge, in an annual amount not to exceed $1,100,000.00, as outlined in this Change Order No. 10; to authorize the reimbursements to be paid from a specific account; and to provide an effective date hereof – see attached. CCID # 695 – Publication to be made and public hearing to be held on June 5, 2012 pursuant to City Council Rule VII H. 60. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Parking Manager with a salary range of 23.1 MC ($70,269 - $85,972); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. CCID # 711 – Publication to be made and public hearing to be held on June 5, 2012 pursuant to City Council Rule VII H. 61. Ord. to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Digital Forensic Analyst with a salary range of 14.1 MC ($49,418 - $59,729); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. CCID # 712 – Motion by Gernandt to allow the Ordinance to be withdrawn Seconded by Gray ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 (a) Communication from Deputy Chief Mary Newman, Police Department, requesting that the Ordinance to add the employment classification entitled Digital Forensic Analyst be withdrawn from the City Council agenda – see attached. # 712 – From Chair on File - 27 - 62. Ord. to amend Section 23 - 177 of the Omaha Municipal Code by amending the pay range for the employment classification entitled Research Specialist by reassigning the salary range for the classification f rom 2.1 MC ($32,001 - $38,437) to 12.1 MC ($45,429 - $55,076); to repeal Section 23 - 177 as heretofore existing; and to provide the effective date hereof – see attached. CCID # 713 – Publication to be made and public hearing to be held on June 5, 2012 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * EXECUTIVE SESSION 63. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR MAY 22, 2012 LEGISLATIVE CHAMBERS – 2:00 P.M. - PREPARED MAY 21, 2012 AT 1:00 P.M. ADDITIONAL RESOLUTIONS 64. Res. that, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and DLR Group, Inc., for professional architectural and/or engineering services relating to the Music Hall, Mancuso Hall, and other possible building and/or site improvements in and around the Omaha Civic Auditorium for a time period not to exceed one year, and in an amount not to exceed $50,000.00, attached hereto, is hereby approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Ken West, DLR Group, 3009 South 113th Street For the City: Steve Oltmans, Chief of Staff, Mayor’s Office CCID # 715 – Motion by Gray that the Resolution be adopted Seconded by Gernandt ROLL CALL: Yeas: Gray, Gernandt Nays: Jerram, Stothert, Thompson, Festersen, Mr. President Motion LOST 2-5 - 28 - (a) Document submitted by Steve Oltmans, Chief of Staff, Mayor’s Office, re: the Resolution to approve an agreement between the City of Omaha and DLR Group, Inc., for professional architectural and/or engineering services relating to the Music Hall, Mancuso Hall, and other possible building and/or site improvements in and around the Omaha Civic Auditorium – see attached. 65. Res. that the appointment by Mayor Jim Suttle of Eric L. Butler as a member of the Airport Authority Board to serve the unexpired term of Wayne Sensor, commencing upon confirmation of the City Council and expiring March 12, 2014, be and hereby is confirmed and approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Res # 716 – ADOPTED 7-0 * * * * * * * * * * * * * * Motion by Gray that the meeting be adjourned Seconded by Jerram ROLL CALL: Yeas: Gray, Jerram, Stothert, Thompson, Festersen, Gernandt, Mr. President Motion Carried 7-0 ADJOURNED: 2:43 P.M. I, SANDRA L. MOSES, DEPUTY 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 May 22nd, 2012. WITNESS: _________________________________ _______________________________ DEPUTY CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 24th DAY OF MAY, 2012.