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2010-07-13j22nd REGULAR OMAHA CITY COUNCIL MEETING JULY 13, 2010 THE CITY COUNCIL met in Regular Session on Tuesday, July 13, 2010 at 2:00 o’clock P.M. in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Garry Gernandt. ROLL CALL 1. City Clerk calls the roll. CCID # 784 - Present: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President 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 July 9, 2010, notice re: Pre-Council and Regular City Council Meetings, July 13, 2010. CCID # 785 – 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 - RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENT 5. Res. that the preliminary plat entitled LINDEN ESTATES REPLAT 8 located at North 142nd Circle, north of Hamilton Street, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 6/29/10 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 758 – June 29 Meeting) Doug Kellner, 10836 Old Mill Road, appeared and spoke on behalf of the owner. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 758 – ADOPTED 7-0 (a) Planning Board recommends approval of the preliminary plat of LINDEN ESTATES REPLAT 8 located at north 142nd Circle, north of Hamilton Street – Inside City - over from 6/29/10 – see attached. (See Doc. # 758 – June 29 Meeting) # 758 – From Chair on File (b) Planning Department recommends DENIAL of the preliminary plat of LINDEN ESTATES REPLAT 8 located at north 142nd Circle, north of Hamilton Street – Inside City – over from 6/29/10 – see attached. (See Doc. # 758 – June 29 Meeting) # 758 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 6 THROUGH 7 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” 6. Res. that the preliminary plat entitled PIONEER SQUARE located at 5408 North 99th Street, 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 July 27, 2010 published in the Daily Record on July 16, 2010. - 3 - CCID # 796 – Over two weeks to July 27, 2010 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 PIONEER SQUARE located at 5408 North 99th Street – Inside City – see attached. # 796 – Over to 07/27/10 7. Res. that the plat entitled PIONEER SQUARE located at 5408 North 99th Street, is hereby approved and accepted – see attached. Notice of public hearing on July 27, 2010 published in the Daily Record on July 16, 2010. CCID # 797 – Over two weeks to July 27, 2010 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the final plat of PIONEER SQUARE located at 5408 North 99th Street – Inside City – see attached. # 797 – Over to 07/27/10 * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 8 THROUGH 10 SHALL BE LAID OVER FOR TWO WEEKS” 8. Res. that the preliminary plat entitled MOORE’S HILLTOP, located at 17324 “F” Street, along with the attached condition, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Outside City – see attached. CCID # 829 – Over two weeks to July 27, 2010 pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of MOORE’S HILLTOP, a minor plat located at 17324 “F” Street – Outside City – see attached. # 829 – Over to 07/27/10 - 4 - 9. Res. that the plat entitled MOORE’S HILLTOP, located at 17324 “F” Street, is hereby approved and accepted – Outside City – see attached. CCID # 830 – Over two weeks to July 27, 2010 pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of the Final Plat of MOORE’S HILLTOP, a minor plat located at 17324 “F” Street – Outside City – see attached. # 830 – Over to 07/27/10 10. Res. that the Subdivision Agreement between the City of Omaha and APEX Acquisitions, Inc as recommended by the Mayor, providing for the private improvements and maintenance, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Pioneer Square (Lots 1 and 2) and is located northwest of 99th Street and Ogden Plaza – see attached. CCID # 819 – Over two weeks to July 27, 2010 pursuant to City Council Rule VII E. * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 11 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” SPECIAL USE PERMIT – SCRAP AND SALVAGE SERVICES 11. Res. that the Special Use Permit application submitted by Dart Investments, LLC, for a Special Use Permit to allow Scrap and salvage services in a GI-General Industrial District, located at 4918 “F” Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefore, 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 July 27, 2010 published in the Daily Record on July 16, 2010. - 5 - CCID # 818 – Over two weeks to July 27, 2010 for publication and public hearing pursuant to City Council Rule VII E. (a) Planning Board and Planning Department recommend approval of a Special Use Permit to allow Scrap and salvage services in a GI District located at 4918 “F” Street – see attached. # 818 – Over to 07/27/10 * * * * * * * * * * * * * LIQUOR AND RESOLUTIONS RE: KENO 12. CLASS “C” - The Grey Plume, LLC, dba “The Grey Plume”, 220 South 31st Avenue, Suite 3101. New application, New location. Property posted: 06-23-10; Notification sent: 07-02-10 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) Clayton Chapman, Owner, The Grey Plume, appeared and spoke. Application read Motion by Gray that the City Council Liquor Rules (Rule 7) be suspended Seconded by Festersen ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 786 – ADOPTED 7-0 CCID # 789 – Motion by Gray that the City Council Liquor Rules be reinstated Seconded by Thompson ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 - 6 - 13. CATERING - The Grey Plume, LLC, dba “The Grey Plume”, 220 South 31st Avenue, Suite 3101. New application, New location. Property posted: 06-23-10; Notification sent: 07-02-10 - see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Clayton Chapman, Owner, The Grey Plume, appeared and spoke. Application read CCID # 786 – Motion by Gray that the City Council Liquor Rules (Rule 7) be suspended Seconded by Festersen ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 CCID # 787 – Motion by Gray that the application be approved Seconded by Festersen ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 CCID # 789 – Motion by Gray that the City Council Liquor Rules be reinstated Seconded by Thompson ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 14. CLASS “I” - Cantina Laredo Denver/Omaha, L.P., dba “Cantina Laredo #133”, 120 South 31st Avenue, Suite 5107. New application, New location. Property posted: 06-23-10; Notification sent: 07-02-10 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) John MacKenzie, Manager, Cantina Laredo, appeared and spoke. Application read CCID # 786 – Motion by Gray that the City Council Liquor Rules (Rule 7) be suspended Seconded by Festersen ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 - 7 - Motion by Gray that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 788 – ADOPTED 7-0 CCID # 789 – Motion by Gray that the City Council Liquor Rules be reinstated Seconded by Thompson ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 15. CATERING - Cantina Laredo Denver/Omaha, L.P., dba “Cantina Laredo #133”, 120 South 31st Avenue, Suite 5107. New application, New location. Property posted: 06-23-10; Notification sent: 07-02-10 - see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) John MacKenzie, Manager, Cantina Laredo, appeared and spoke. Application read CCID # 786 – Motion by Gray that the City Council Liquor Rules (Rule 7) be suspended Seconded by Festersen ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 CCID # 789 – Motion by Gray that the application be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 Motion by Gray that the City Council Liquor Rules be reinstated Seconded by Thompson ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 16. CLASS “I” – Cavazos, Anthony, Sr., dba “Uncle Dou’s Tex Mex Restaurant”, 9537 “Q” Street. Property posted: 06-25-10; Notification sent: 07-02-10 - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) - 8 - Anthony Cavazos, Owner and Manager, Uncle Dou’s Tex Mex Restaurant, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Gernandt ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 790 – ADOPTED 7-0 17. PACKAGE – AVP Energy, L.L.C., dba “AVP Energy #3”, 10505 Pacific Street. New application, Old location. Present licensee is Sinclair Oil Corporation, dba “Sinclair Station #26016”, 10505 Pacific Street, who has a Package Liquor License - see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Mark Lipka, District Manager, AVP Energy Sean Kelley, Attorney for the applicant, 7134 Pacific Street Motion by Thompson that the Resolution to GRANT be adopted Seconded by Gray ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 791 – ADOPTED 7-0 18. Hy-Vee, Inc., dba “Hy-Vee 8”, 747 North 132nd Street, requests permission for additions to their present Class “C” Liquor License location of an area approx. 155’ x 232’ to the west and an area on the second floor approx. 110’ x 45’. Property posted: 06-29-10; Notification sent: 07-02-10 - see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jon Johnson, Store Manager, Hy-Vee, appeared and spoke. CCID # 792 – Motion by Festersen that the request be approved Seconded by Gernandt ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 - 9 - 19. Fox & Hound of Nebraska, Inc., dba “Fox & Hound Pub & Grille”, 17602 Wright Street, requests permission to appoint Michael L. Dick manager of their present Class “I” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Michael Dick, General Manager, Fox & Hound Pub & Grille, appeared and spoke. CCID # 793 – Motion by Thompson that the request be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 20. RT Omaha Franchise, LLC, dba “Ruby Tuesday”, 16831 Lakeside Hills Plaza, requests permission to appoint James C. Jasper manager of their present Class “I” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) James Jasper, General Manager, Ruby Tuesday, appeared and spoke. CCID # 794 – Motion by Thompson that the request be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 21. Blue Sushi, LLC, dba “Red Lounge”, 14450 Eagle Run Drive, Suite 200, requests permission for a Special Designated License for a beer garden for the Cox Golf Classic on July 29-31, 2010 from 1:00 p.m. to 2:00 a.m. – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Sean Kelley, Attorney for the applicant, 7134 Pacific Street Anthony Hitchcock Protestant: Helen Jane Bison, 14462 Wirt Street For the City: Tom Mumgaard, Deputy City Attorney - 10 - CCID # 795 – Application read Motion by Thompson that the application be amended from “1:00 p.m. to 2:00 a.m.” to “4 p.m. to 1:00 a.m.” Seconded by Gray ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass Motion by Thompson that the request be APPROVED AS AMENDED Seconded by Gray ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 6-0-1 Pass (a) Communication from Helen Jane Bison, President of Grayhawk Homeowners Association, re: Blue Sushi, LLC, dba “Red Lounge”, 14450 Eagle Run Drive, Suite 200, for a Special Designated License – see attached. # 795 - From Chair on File 22. Coconuts, Inc., dba “Rookies Bar & Grill”, 1702 North 120th Street, requests permission for a Special Designated License for a fundraiser on August 7, 2010 from 4:00 p.m. to 12:00 midnight, with music ending at 12:00 midnight – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Noel Stoddard, 11746 Mayberry Plaza Marge Jones, 9412 Ogden Street CCID # 833 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 - 11 - 23. Karma, Inc., dba “Flixx”, 1015 South 10th Street, requests permission for a Special Designated License for a beer garden/dance on August 20, 2010 from 4:00 p.m. to 2:00 a.m. and August 21, 2010 from 12:00 noon to 2:00 a.m. with music ending at 12:00 midnight – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Jeremiah Morello, 605 South 126th Street Kyle Baun, Co-owner, Flixx CCID # 834 – Application read Motion by Jerram that the application be amended from a “2:00 a.m.” closing time to a “1:00 a.m.” closing time Seconded by Gray ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 Motion by Gray that the request be APPROVED AS AMENDED Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, 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 120 S. 31st Ave, Suite 5103, Parliament Pub Mid Town, in Omaha, Nebraska – over from 6/8/10 and continue the public hearing – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 226 – March 2 and June 8 Meetings) CCID # 226 – Motion by Gray that the Resolution be laid over six weeks to August 24, 2010 and continue the public hearing Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 (a) Communication from Katrina Coffey, VP of Marketing, Sales & Community Relations, EHPV Lottery Services, LLC, requesting that the resolution to grant approval to EHPV Lottery Services, LLC to operate a satellite keno location at Parliament Pub Midtown, Inc., dba “Parliament Pub Midtown”, 120 South 31st Avenue, Suite 5103, be laid over 6 weeks to August 24, 2010 and continue the public hearing – see attached. # 226 – From Chair on File - 12 - 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 4629 S. 108th Street, Brewburger’s, 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 Thompson ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 798 – ADOPTED 7-0 26. 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 4915 N. 120th Street, Suite 101-104, The Loose Moose Bar & Grill, 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 Thompson ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 799 – 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. 27 through 28 were held on June 29, 2010.) - 13 - CONSENT AGENDA – ORDINANCES 27. Ord. to approve an Addendum to Term Software License Agreement dated September 30, 2004, and amended on August 18, 2009, between SSA Technologies, Inc. (now known as Infor Global Solutions (Michigan), Inc.) and the City of Omaha, by extending the term for support services for the City of Omaha’s payroll software entitled Masterpiece for five additional years with five (5) annual installments for a total payment of three hundred fifty-eight thousand two hundred ninety eight dollars and sixteen cents ($358,298.16); to authorize the Finance Director to make payments in conformance therewith from the General Fund 11111, General Expense 119014; to provide an effective date hereof – see attached. (See Doc. # 738 – June 22 and June 29 Meetings) Notice of public hearing on June 29, 2010 published in the Daily Record on June 25, 2010. Ordinance passed on July 13, 2010 published in the Daily Record on July 21, 2010. CCID # 738 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President ORDINANCE # 38763 PASSED 7-0 28. Ord. to amend Chapter 40 of the Omaha Municipal Code entitled “Mechanical Code”; to add a new section 40-124, prohibiting the sale of air conditioning and air distribution equipment or material except to licensed contractors or homeowners with a valid city permit; to provide for the penalty for the violation of the same; to amend section 40-61 to provide for no compensation to air conditioning/air distribution board members; to repeal section 40-61 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 739 – June 22 and June 29 Meetings) Notice of public hearing on June 29, 2010 published in the Daily Record on June 25, 2010. Ordinance passed on July 13, 2010 published in the Daily Record on July 21, 2010. CCID # 739 – Motion by Gray that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President ORDINANCE # 38764 PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * - 14 - (The public hearings on Agenda Item Nos. 29 through 48 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 U.S. Asphalt Co. for OPW 51725, being Major Street Resurfacing Contract with Curb Ramp Construction at various locations in the amount of $2,279,419.90 (base bid of $2,201,419.90 plus the potential maximum incentive amount of $78,000.00) is hereby approved; and that the Finance Department is authorized to pay the cost of OPW 51725 from the City Street Maintenance Fund 12129, Surface Restoration Organization 116162 in the amount of $1,751,204.80 and from the 2006 Transportation Fund 13182, 2010 Issue Transportation Bonds 117115 in the amount of $528,215.10, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 820 – ADOPTED 7-0 30. Res. that, as recommended by the Mayor, the Engineering Services Agreement with Kirkham Michael and Associates, Inc. for construction testing services for the Reconstruction of 132nd Street from Patrick Street to Birch Street is hereby approved; and that the Finance Department is authorized to pay $66,122.26 for these engineering services from the ARRA Grant Fund 17116, OPW 50344- 132nd Street ARRA Grant Organization 117761 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 821 – ADOPTED 7-0 31. Res. that, as recommended by the Mayor, the Interlocal Agreement between the City of Omaha, the City of Council Bluffs, the County of Pottawattamie, the County of Douglas, the County of Sarpy and the Metropolitan Area Planning Agency for the purpose of reviewing and updating the Regional Integrated Solid Waste Management Plan for the next five (5) year planning cycle, is hereby approved – see attached. - 15 - Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 822 – ADOPTED 7-0 32. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Performance Ford for the purchase of two ¾ ton extended cab pickup trucks, one to be utilized by the Construction Division and one to be utilized by the Quality Control Division, in the amount of $47,940.00; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Construction Survey Inspection Organization 116121 in the amount of $23,970.00 and from the Sewer Revenue Fund 21121, Sludge Disposal Organization 116713 in the amount of $23,970.00, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 824 – ADOPTED 7-0 33. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Performance Ford for the purchase of a ¾ ton crew cab 4-door pickup truck with utility body to be utilized by the Construction Division in the amount of $29,813.00; and that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Construction Survey Inspection Organization 116121, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 825 – ADOPTED 7-0 34. Res. that, the bid of $44,710.00 from Performance Ford for the purchase of two one ton dual rear wheel chassis and cabs, one to be utilized by the Traffic Maintenance Division and one to be utilized by the Fleet Management Division, being the lowest and best bid received, be accepted and a Purchase Order be issued; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Traffic Equipment Organization 116191 in the amount of $21,030.00 and one from the General Fund 11111, Equipment Organization 116175 in the amount of $23,680.00, year 2010 expenditures – see attached. - 16 - Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 831 – ADOPTED 7-0 35. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Tincher Ford for the purchase of a half ton 4x4 extended cab pickup truck to be utilized by the Environmental Quality Control Division in the amount of $20,986.00; and that the Finance Department is authorized to pay this cost from the Sewer Revenue Fund 21121, Interceptor Maintenance Organization 116717, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 826 – ADOPTED 7-0 36. Res. that, the attached contract with Tab Construction for OPW 51948-ST, PD, SP North 24th Street Streetscape Phase VI, between Cuming Street and Lake Street in the amount of $377,604.35 is hereby approved and the Finance Department is authorized to pay the cost of OPW 51948-ST, PD, SP North 24th Street Streetscape Phase VI in the amount of $150,000.00 from the 2010 Community Development Block Grant Fund 12186, Organization 129131 and $277,604.35 from the 2006 Street and Highway Bond, Fund No. 13182, Organization No. 117111 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 800 – ADOPTED 7-0 37. Res. that, the attached Agreement, as recommended by the Mayor, between the City of Omaha and Siena/Francis House, a Nebraska Non-profit Corporation, P.O. Box 217 DTS, Omaha, Nebraska 68101, in the amount of $100,168.00 for the purpose of providing shelter to homeless persons and families at its emergency shelter facilities (Francis House and Siena House) for approximately 101,987 nights of shelter for the one year period of said Agreement, is hereby approved. Funds shall be paid from the City of Omaha FY 2010 Emergency Shelter Grant, Fund No. 12139, Organization No. 129013 – see attached. - 17 - Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 803 – ADOPTED 7-0 38. Res. that, the attached Agreement, as recommended by the Mayor, between the City of Omaha and The Stephen Center, a Nebraska Non-profit Corporation, 2723 "Q" Street, Omaha, Nebraska 68107, in the amount of $24,531.00 for the purpose of providing shelter to homeless persons and families at its emergency shelter facility for approximately 25,037 nights of shelter for the one year period of said Agreement, is hereby approved. Funds shall be paid from the City of Omaha FY 2010 Emergency Shelter Grant, Fund No. 12139, Organization No. 129019 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 804 – ADOPTED 7-0 39. Res. that, the attached Agreement, as recommended by the Mayor, between the City of Omaha and Help the Homeless, Inc., a Nebraska Non-profit Corporation, P.O. Box 19443, Omaha, Nebraska 68119-0443, in the amount of $79,725.00 for the purpose of providing shelter to homeless persons and families at its two emergency shelter facilities, Open Door Mission and Lydia House, for approximately 81,078 nights of shelter for the one year period of said Agreement, is hereby approved. Funds shall be paid from the City of Omaha FY 2010 Emergency Shelter Grant, Fund No. 12139, Organization No. 129028 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 805 – ADOPTED 7-0 - 18 - 40. Res. that the attached Grant Agreement, as recommended by the Mayor, to provide a Community Development Block Grant (CDBG) in the amount of $26,631.00 for the rehabilitation and lead reduction work when applicable, at the property owned and occupied by Johnnie M. Gilliam, located at 2115 Evans Street, Omaha, Nebraska 68111, is hereby approved. The contract is to be awarded to Goly Young Construction, Goly Young, Owner. Funds in the amount of $26,631.00 shall be paid from North Neighborhood Revitalization Strategy Area (NRSA) CDBG Single-Family Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 801 – ADOPTED 7-0 41. Res. that, as recommended by the Mayor, in consideration of the extenuating circumstances regarding the employment situation of Monique M. Cribbs, the City agrees to allow her to lease her property, located at 5347 North 47th Avenue, to an eligible tenant household, in accordance to HOME Program regulations, to an eligible tenant whose income does not exceed 80% of the Median Family Income By Family Size as determined by the U.S. Department of Housing and Urban Development. Be it further resolved, all other terms of the Loan Documents remain in full effect – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 806 – ADOPTED 7-0 42. Res. that, as recommended by the Mayor, the City of Omaha accepts the terms and conditions of the Nebraska Department of Roads Surface Transportation Program Enhancement in regard to the appointment of the individual as “Responsible Charge” and the rules and regulations for the transportation construction projects mentioned in this resolution and that the Mayor and City Clerk are authorized to sign and attest the attached Nebraska Department of Roads Agreement; and, that the Parks Recreation and Public Property Department has named Dennis E. Bryers, FASLA, Park Planner II, as “Responsible Charge” for the following projects: NDOR Project No. DPS-28 (70), CN 21973, Omaha Riverfront 4 – Miller’s Landing to Locust Street; and NDOR Project No. ENH-28 (88) CN 22250, Keystone Trail East Connector Phase One, Karen Park to South 45th and Dayton Streets – see attached. - 19 - Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 807 – ADOPTED 7-0 43. Res. that, as recommended by the Mayor, between 11:00 p.m. on Saturday, July 17, 2010 and 5:00 a.m. on Sunday, July 18, 2010, and on those dates only, Lewis and Clark Landing, 503 North 6th Street, Omaha, Nebraska and Turner Park, 3100 Farnam Street, Omaha, Nebraska shall be open to accommodate the OWL Bike Ride (a charity event thru Kutak Rock LLP) – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 802 – ADOPTED 7-0 44. Res. that, the appointment by the Honorable Jim Suttle of Curtis Christensen, Partner, Kutak Rock LLP, 1650 Farnam Street, Omaha, NE 68102, to be a member of the Downtown Business Improvement Area Board to serve from July 13, 2010 until his term shall expire on July 12, 2015, is hereby confirmed by the City Council – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 808 – ADOPTED 7-0 45. Res. that, the appointment by the Honorable Jim Suttle of Brenda L. Dooley, President of First National Buildings, 1620 Dodge Street, Suite 1150, to be a member of the Downtown Business Improvement Area Board to serve from July 13, 2010 until her term shall expire on July 12, 2015, is hereby confirmed – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 809 – ADOPTED 7-0 - 20 - 46. Res. that, the appointment by the Honorable Jim Suttle of Dee Dee Spetman to be a member of the Downtown Business Improvement Area Board to serve from July 13, 2010 until her term shall expire on July 12, 2015, is hereby confirmed by the City Council – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 810 – ADOPTED 7-0 47. Res. that, the appointment by the Honorable Jim Suttle of Paula I. Steenson of the Downtown Omaha Inc. to be a member of the Downtown Business Improvement Area Board to serve from July 13, 2010 until her term shall expire on July 12, 2015, is hereby confirmed by the City Council – see attached. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 811 – ADOPTED 7-0 AGENDA ITEM NO. 48 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER THOMPSON 48. Res. that the City Council of the City of Omaha hereby declares that all persons whose property is damaged by floods resulting from heavy and sustained rains occurring in June or July, 2010, shall be exempt from the payment of fees fixed by the Omaha Municipal Code for permits or inspections for the repair or reconstruction of damage actually caused by such floods; and, that this exemption shall be effective only for sixty (60) calendar days from and after July 13, 2010, and that any permit or inspection fees that were paid to the City for repair or restoration of such actual damage since June 1, 2010, shall be refunded upon proper application by the property owner within this sixty day period – see attached. Rick Cunningham, Planning Director, appeared and spoke. - 21 - Res # 827 – Resolution read (a) Amendment of the Whole requested by Councilmember Thompson – see attached. Motion by Thompson that the Amendment of the Whole be ADOPTED AS AMENDED Seconded by Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Res # 827 – ADOPTED AS AMENDED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 49 THROUGH 54 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 49. Ord. to rezone property located at 2338 Polk Street from GI-General Industrial District to R4-Single Family Residential District (High Density). (See Doc. # 773 – June 29 Meeting) CCID # 773 – ORDINANCE ON SECOND READING – Final reading to be held on July 20, 2010 as per City Charter requirements. 50. Ord. to approve an amendment to the Land Use Element of the Master Plan for the City of Omaha, to change the future land designation from office/commercial to low density residential for properties located at 4912 and 4916 “J” Street; and to provide for the effective date hereof – see attached. (See Doc. # 774 – June 29 Meeting) CCID # 774 – ORDINANCE ON SECOND READING – Final reading to be held on July 20, 2010 as per City Charter requirements. 51. Ord. to rezone the property located at 4916 “J” Street from R3-Single Family Residential District (Medium Density) to R5-Urban Family Residential District. (See Doc. # 775 – June 29 Meeting) - 22 - CCID # 775 – ORDINANCE ON SECOND READING – Final reading to be held on July 20, 2010 as per City Charter requirements. 52. Ord. to amend Section 55-740 of the Omaha Municipal Code regarding off-street parking design standards; to repeal Section 55-740 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 776 – June 29 Meeting) CCID # 776 – ORDINANCE ON SECOND READING – Final reading to be held on July 20, 2010 as per City Charter requirements. 53. Ord. to amend Section 55-782 of the Omaha Municipal Code regarding setback adjustments; to repeal Section 55-782 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 777 – June 29 Meeting) CCID # 777 – ORDINANCE ON SECOND READING – Final reading to be held on July 20, 2010 as per City Charter requirements. 54. Ord. to amend Sections 55-865, 55-883 and 55-884 of the Omaha Municipal Code regarding nonconforming uses; to repeal Sections 55-865, 55-883 and 55- 884 as heretofore existing; and to provide the effective date thereof – see attached. (See Doc. # 778 – June 29 Meeting) CCID # 778 – ORDINANCE ON SECOND READING – Final reading to be held on July 20, 2010 as per City Charter requirements. * * * * * * * * * * * * * * ORDINANCES ON SECOND READING 55. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of re-constructing 108th Street, “L” to “M” Streets, project identified as OPW 51430, Federal Project No. HSIP-5011 (12), C.N. 22378; providing that the City negotiate with the property owners for land acquisition, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 779 – June 29 Meeting) - 23 - CCID # 779 – Public hearing was held today – Final reading set for July 20, 2010 as per City Charter requirements. 56. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of re-constructing the 90th Street & Maple Street intersection, project identified as OPW 51496, Federal Project No. HSIP-133-2- (112) C.N. 22336; providing that the City negotiate with the property owners for land acquisition, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 780 – June 29 Meeting) CCID # 780 – Public hearing was held today – Final reading set for July 20, 2010 as per City Charter requirements. RESOLUTIONS 57. Res. that the attached 828 South 17th Street, LLC Tax Increment Financing Redevelopment Project Plan for the redevelopment project that provides for a plant expansion and remodel to an existing building that will increase the manufacturing capacity of the current tenant to keep up with increasing sales demands; and, this project allows for business expansion and increased investment, increased employment opportunities, and an increase in real property taxes along the southern edge of downtown; and the plan recommends the use of TIF in an amount up to $440,000.00 to offset the cost of site preparation, site development and related public improvement costs as may be required described in the redevelopment plan attached hereto and made a part hereof containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – over from 6/22/10 - see attached. ((MOTION NEEDED TO LAY OVER ONE WEEK TO 7/20/10 FOR CORRECTED PUBLICATION AND CONTINUE THE PUBLIC HEARING)) (See Doc. # 736 – June 22 Meeting) CCID # 736 – Motion by Gray that the Resolution be laid over one week to July 20, 2010 for corrected publication and continue the public hearing Seconded by Mulligan ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 - 24 - 58. Res. that the attached Capitol Rows, LLC Tax Increment Financing Redevelopment Project Plan for the redevelopment project that takes under- utilized parcels between 22nd to 24th Streets, Chicago to Davenport Streets to create eighty-two new, market-rate apartment units, and a commercial space for a new business within an urban residential village setting on the northwest edge of Downtown Omaha; and the plan recommends the use of TIF in an amount up to $765,000.00 to offset the cost of site preparation, site development and related public improvement costs as may be required as described in the redevelopment plan attached hereto and made a part hereof containing a provision for the division of ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as recommended by the City Planning Department, be and hereby is approved – over from 6/22/10 - see attached. ((MOTION NEEDED TO LAY OVER ONE WEEK TO 7/20/10 FOR CORRECTED PUBLICATION AND CONTINUE THE PUBLIC HEARING)) (See Doc. # 737 – June 22 Meeting) CCID # 737 – Motion by Gray that the Resolution be laid over one week to July 20, 2010 for corrected publication and continue the public hearing Seconded by Mulligan ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 APPEAL RE: BID REJECTIONS 59. Allan Kuo, representing Excellence Opto Inc., appeals the rejection of their bid of May 19, 2010 for the LED Traffic Signal Modules Project – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO ALLOW OR DENY THE APPEAL AND IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)) Todd Pfitzer, Public Works Department, appeared and spoke. CCID # 812 – Motion by Jerram that the bid rejection appeal be denied Seconded by Gray ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 60. Meg Meyers, representing LeoTek, appeals the rejection of their bid of May 19, 2010 for the LED Traffic Signal Modules Project – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO ALLOW OR DENY THE APPEAL AND IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)) - 25 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Rob Spaulding, LeoTek Electronics For the City: Todd Pfitzer, Public Works Department CCID # 813 – Motion by Jerram that the bid rejection appeal be allowed and direct the Department to consider this bid Seconded by Thompson ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 61. Matt Gerlach, representing Republic ITS, appeals the rejection of their bid of May 19, 2010 for the LED Traffic Signal Modules Project – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO ALLOW OR DENY THE APPEAL AND IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)) Todd Pfitzer, Public Works Department, appeared and spoke. CCID # 814 – Motion by Jerram that the bid rejection appeal be denied Seconded by Gray ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 62. Elaine Davis, representing TraStar Inc., appeals the rejection of their bid of May 19, 2010 for the LED Traffic Signal Modules Project – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO ALLOW OR DENY THE APPEAL AND IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)) Todd Pfitzer, Public Works Department, appeared and spoke. CCID # 815 – Motion by Thompson to allow the bid rejection appeal to be withdrawn Seconded by Gray ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 (a) Communication from Elaine Davis, TraStar Inc., requesting that their bid rejection appeal for the LED Traffic Signal Modules Project be withdrawn – see attached. # 815 – From Chair on File - 26 - RESOLUTION 63. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Brown Traffic Products, Inc. for the purchase of LED Traffic Signal Modules to upgrade existing incandescent traffic signals in the amount of $373,319.60; and, that the Finance Department is authorized to pay this cost from the DOE ARRA Grants Fund 17112, EECBG Strategy Organization 117791, 2010 expenditures – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) CCID # 823 – Motion by Jerram that the Resolution be referred back to the Public Works Department Seconded by Gray ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 DOUGLAS COUNTY ELECTION COMMISSIONER 64. Douglas County Election Commissioner transmits invoice for the City of Omaha’s costs associated with the May 11, 2010 Election – see attached. ((MOTION NEEDED TO RECEIVE AND REFER TO THE FINANCE DEPARTMENT)) CCID # 832 – Motion by Gray to receive and refer to the Finance Department Seconded by Gernandt ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARING ON AGENDA ITEM NO. 65 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCE ON FIRST READING and Planning Board Attachment 65. Ord. to rezone property located at 17324 “F” Street from AG-Agricultural District to R3-Single Family Residential District (Medium Density). CCID # 828 – Publication to be made and public hearing and third reading to be held on July 27, 2010 as per City Charter requirements. - 27 - (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 17324 “F” Street from AG to R3 – see attached. # 828 – Over to 07/27/10 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 66 THROUGH 70 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING and Planning Board Attachment 66. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof, located at NRD site, Northwest of Standing Bear Lake – see attached. CCID # 835 – Publication to be made and public hearing to be held on July 20, 2010 as per City Charter requirements. 67. Ord. extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof, located Southwest of 111th and Blondo Streets (Vanderbilt Apartments (SID 406) and adjacent areas) – see attached. CCID # 836 – Publication to be made and public hearing to be held on July 20, 2010 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the 2010 Annexation Package – see attached. # 836 – Over to 07/20/10 - 28 - ORDINANCES ON FIRST READING 68. Ord. to approve the acceptance of the FY 2007 Public Safety Interoperable Communications (PSIC) Grant, #2007-GS-H7-0050, and the budget in the amount of $2,341,605.00 from the Nebraska Emergency Management Agency, during the project period of September 30, 2007 to September 20, 2012, to enhance interoperable communications with respect to voice, data, and/or video signals, and to provide public safety agencies in the Tri-County area with the opportunity to achieve meaningful and measurable improvements to the state of public safety communications interoperability; 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. CCID # 816 – Publication to be made and public hearing to be held on July 20, 2010 as per City Charter requirements. 69. Ord. to approve the acceptance of the Nebraska Crime Commission, 2010 Juvenile Services/2009 Title II Grants: #10-JS-0430, Teen Girls Chat, Real Life Situations, in the amount of $18,047, and a match in the amount of $6,262 provided by the subcontractor Nebraska Children’s Home Society; #09-JJ-0015, Victim Empathy Program, in the amount of $10,327, and a match in the amount of $7,984 provided by the subcontractor Heartland Family Services; #10-JS- 0429, Future Focus Program, in the amount of $38,500, and a match in the amount of $14,100 provided by the subcontractor Omaha Street School; #10-JS- 0434, African American Youth Leadership Development Program, in the amount of $30,000, and a match in the amount of $20,000 provided by the subcontractor Center for Holistic Development; #09-JJ-0016, Impact One Gang Intervention & Prevention Program, in the amount of $44,500, and a match in the amount of $17,900 provided by the subcontractor Impact One Community Connection; and #10-JS-0427, Refugee Community Juvenile Empowerment Program, in the amount of $13,618, with no match provided by the subcontractor Caring People Sudan. The Nebraska Crime Commission, 2010 Juvenile Services/2009 Title II Grants will provide program support to six youth-service agencies during the grant period of July 1, 2010 to June 30, 2011; 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. CCID # 817 – Publication to be made and public hearing to be held on July 20, 2010 as per City Charter requirements. - 29 - 70. Ord. approving a first supplemental indenture of trust ("The Indenture") by and between the City of Omaha Convention Hotel Corporation ("The Corporation") and Wells Fargo Bank, National Association, as Trustee, a copy of which indenture is attached hereto as Exhibit A and incorporated herein by this reference; approving the terms and conditions of the Corporation's up to $37,000,000 Conventional Center Hotel First Tier Revenue Bonds, Series 2010 (The "Series 2010 Bonds") as set forth in the indenture and preliminarily the issuance and delivery thereof for the purpose of financing certain capital improvements to the Corporation's Convention Center Hotel; approving a continuing Disclosure Letter Agreement, a copy of which is attached hereto as Exhibit B; affirming the City's approval of the formation of and the articles of incorporation of the corporation as a public benefit corporation acting on behalf of the City; ratifying, approving and confirming the prior transfer of the $3,000,000 previously appropriated by the City and on deposit in the former Convention Center Hotel Revenue Bond City appropriation fund to the Convention Center Hotel Revenue Refunding Bond City appropriation fund held by the Trustee; agreeing to seek annual appropriations in the amounts, if any, necessary to make Series 2010 Bond debt service support payments; satisfying applicable Federal Income Tax Law requirements; delegating authority to the City's Finance Director to determine the final taxable and tax-exempt series, prices, interest rates, principal amounts and redemption provisions for the Series 2010 Bonds; and approving the effective date hereof – see attached. CCID # 851 – Publication to be made and public hearing to be held on July 20, 2010 as per City Charter requirements. * * * * * * * * * * * * * EXECUTIVE SESSION 71. 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 Stothert ROLL CALL: Yeas: Jerram, Mulligan, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 ADJOURNED: 2:47 P.M. - 30 - 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 July 13th, 2010. WITNESS: ______________________________ ________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 15th DAY OF JULY 2010.