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.
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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.
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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
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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.
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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
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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
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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))
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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
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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
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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
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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
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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.)
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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))
* * * * * * * * * * * * * *
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(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.
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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.
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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.
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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
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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.
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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
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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.
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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)
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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
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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.