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2010-07-20j23rd REGULAR OMAHA CITY COUNCIL MEETING JULY 20, 2010 THE CITY COUNCIL met in Regular Session on Tuesday, July 20, 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 # 837 - Present: Stothert, Thompson, Festersen, Jerram, Mr. President Absent: Mulligan, Gray 2. Pledge of Allegiance. 3. Invocation by Councilmember Chris Jerram of District No. 3. 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 16, 2010, notice re: Pre-Council and Regular City Council Meetings, July 20, 2010. CCID # 838 – 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 - COUNCILMEMBER MULLIGAN ENTERS THE LEGISLATIVE CHAMBERS COUNCILMEMBER GRAY ENTERS THE LEGISLATIVE CHAMBERS MAYOR’S BUDGET MESSAGE and PRESENTATION FOR YEAR 2011 5. Mayor Jim Suttle’s Budget Message and Presentation of the recommended budget for year 2011 – see attached. ((MOTION NEEDED TO SET THE PUBLIC HEARING ON AUGUST 10, 2010 AT 7:00 P.M.)) Jim Suttle, Mayor, appeared and spoke. CCID # 892 - Motion by Jerram to set the public hearing on August 10, 2010 at 7:00 P.M. Seconded by Gray ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 ORDINANCE ON SECOND READING RE: BONDS 6. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 851 – July 13 Meeting) - 3 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Robert Watson, General Manger, Hilton Omaha, 1432 South 189th Court Hans Detlefsen, HVS For the City: Paul Kratz, City Attorney CCID # 851 – Public hearing was held today – Final reading set for July 27, 2010 as per City Charter requirements. ZONING ORDINANCES ON FINAL READING AND Planning Board Attachments 7. Ord. to rezone property located at 2338 Polk Street from GI-General Industrial District to R4-Single Family Residential District (High Density). ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 773 – June 29 and July 13 Meetings) Notice of public hearing on July 20, 2010 published in the Daily Record on July 2, 2010. Ordinance passed on July 20, 2010 published in the Daily Record on July 28, 2010. Sebastian Anzaldo appeared and spoke. CCID # 773 – Motion by Jerram that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38765 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 2338 Polk Street from GI to R4 – see attached. (See Doc. # 773 – June 29 Meeting) # 773 – From Chair on File (b) Communication from Thomas J. Lindmeier, Attorney representing A-1 Auto Parts, supporting the proposed rezoning of property located at 2338 Polk Street from GI-General Industrial District to R4-Single Family Residential District (High Density) – see attached. # 773 – From Chair on File - 4 - 8. 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. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 774 – June 29 and July 13 Meetings) Notice of public hearing on July 20, 2010 published in the Daily Record on July 2, 2010. Ordinance passed on July 20, 2010 published in the Daily Record on July 28, 2010. Robert Kosiski, 4610 “I” Street, appeared and spoke. CCID # 774 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38766 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an amendment to the Land Use Element of the Master Plan to change the future land designation from office/commercial to low density residential for properties located at 4912 and 4916 “J” Street – see attached. (See Doc. # 774 – June 29 Meeting) # 774 – From Chair on File 9. Ord. to rezone the property located at 4916 “J” Street from R3-Single Family Residential District (Medium Density) to R5-Urban Family Residential District. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) (See Doc. # 775 – June 29 and July 13 Meetings) Notice of public hearing on July 20, 2010 published in the Daily Record on July 2, 2010. Ordinance passed on July 20, 2010 published in the Daily Record on July 28, 2010. Robert Kosiski, 4610 “I” Street, appeared and spoke. CCID # 775 – Motion by Gray that the Ordinance be passed Seconded by Gernandt ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38767 PASSED 7-0 - 5 - (a) Planning Board and Planning Department recommend approval of a request to rezone property located at 4916 “J” Street from R3 to R5 – see attached. (See Doc. # 775 – June 29 Meeting) # 775 – From Chair on File 10. 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. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 776 – June 29 and July 13 Meetings) Notice of public hearing on July 20, 2010 published in the Daily Record on July 2, 2010. Ordinance passed on July 20, 2010 published in the Daily Record on July 28, 2010. CCID # 776 – Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38768 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an amendment to Section 55-740(f)(5) of the Omaha Municipal Code regarding off-street parking design standards – see attached. (See Doc. # 776 – June 29 Meeting) # 776 – From Chair on File 11. 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. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 777 – June 29 and July 13 Meetings) Notice of public hearing on July 20, 2010 published in the Daily Record on July 2, 2010. Ordinance passed on July 20, 2010 published in the Daily Record on July 28, 2010. CCID # 777 – Motion by Festersen that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38769 PASSED 7-0 - 6 - (a) Planning Board and Planning Department recommend approval of an amendment to Section 55-782(b)(6) of the Omaha Municipal Code regarding setback adjustments – see attached. (See Doc. # 777 – June 29 Meeting) # 777 – From Chair on File 12. 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. (PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 778 – June 29 and July 13 Meetings) Notice of public hearing on July 20, 2010 published in the Daily Record on July 2, 2010. Ordinance passed on July 20, 2010 published in the Daily Record on July 28, 2010. CCID # 778 – Motion by Thompson that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38770 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of an amendment to Section 55-865, Section 55-883 and Section 55- 884 of the Omaha Municipal Code regarding nonconforming uses – see attached. (See Doc. # 778 – June 29 Meeting) # 778 – From Chair on File LIQUOR 13. CLASS “C” - Stir Entertainment Enterprises, Inc., dba “Bar Fly”, 707 North 114th Street. New application, Old location. Present licensee is T. J. O., Inc., dba “Bar Fly”, 707 North 114th Street, who has a Class “C” 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)) Ed Rutledge, Stir Enterprises, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 839 – ADOPTED 7-0 - 7 - 14. CLASS “I” - TT & BB, Inc., dba “Rookies Bar and Grill”, 1702 North 120th Street. New application, Old location. Present licensee is Coconuts, Inc., dba “Rookies Bar & Grill”, 1702 North 120th Street, who has a Class “C” 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: Proponent: Marjorie Jones, 9412 Ogden Street For the City: Tom Mumgaard, Deputy City Attorney CCID # 840 – Motion by Mulligan that the application be laid over one week to July 27, 2010 Seconded by Festersen ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communication opposing the application of TT & BB, Inc., dba “Rookies Bar and Grill”, 1702 North 120th Street for a Class “I” Liquor License – see attached. # 840 – Over to 07/27/10 15. Rick’s Café, LLC, dba “Rick’s Café Boatyard”, 345 Riverfront Drive, requests permission to appoint John R. Begley manager of their present Class “C/K” Liquor License – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) John Begley, 1013 North 63rd Street, appeared and spoke. CCID # 841 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 16. ACR Corp, dba “Jake’s Cigars & Spirits”, 6206 Maple Street, requests permission for a Special Designated License for a beer garden/fundraiser at 6114 Military Avenue on September 11, 2010 from 12:00 noon to 2:00 a.m. with music ending at 12:00 midnight – see attached. ((PUBLIC HEARING TODAY – CAN BE APPROVED TODAY)) Matt Biggens, representing Jake’s Cigars & Spirits, 6206 Maple Street, appeared and spoke. - 8 - CCID # 842 – Motion by Festersen that the request be approved Seconded by Gray ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communication supporting the application of ACR Corp, dba “Jake’s Cigars & Spirits”, 6206 Maple Street for a Special Designated License – see attached. # 842 – From Chair on File CONSENT AGENDA (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearing on Agenda Item Nos. 17 through 18 were held on July 13, 2010.) CONSENT AGENDA – ORDINANCES 17. 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. (See Doc. # 779 – June 29 and July 13 Meetings) Notice of public hearing on July 13, 2010 published in the Daily Record on July 2, 2010. Ordinance passed on July 20, 2010 published in the Daily Record on July 28, 2010. CCID # 779 – Motion by Gray that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38771 PASSED 7-0 - 9 - 18. 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. (See Doc. # 780 – June 29 and July 13 Meetings) Notice of public hearing on July 20, 2010 published in the Daily Record on July 2, 2010. Ordinance passed on July 20, 2010 published in the Daily Record on July 28, 2010. CCID # 780 – Motion by Gray that the Ordinance be passed Seconded by Thompson ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38772 PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * (The public hearings on Agenda Item Nos. 19 through 29 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 AGENDA ITEM NO. 19 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER GRAY 19. Res. that, as recommended by the Mayor, the contract with Navarro Enterprise Construction, Inc. for OPW 51904, being major street concrete curb ramp construction at various locations within the City of Omaha in the amount of $812,827.50 is hereby approved; and that the Finance Department is authorized to pay this cost from the 2006 Transportation Fund 13182, 2009 Issue Transportation Bonds Organization 117114, year 2010 expenditures – see attached. - 10 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Jim Boler, representing Navarro Enterprise Construction, Inc., 11718 Nicholas Street, Suite 101 John Navarro, Navarro Enterprise Construction, Inc., 2914 ‘R’ Street Protestants: Matt McKeever, Copple, Rockey, McKeever & Schlecht, representing John Main Freeman Coleman, Coleman Construction Co., 3223 Hamilton Street Janet Lee, 4320 Larimore Avenue Dan Welch, representing Swain Construction Co., 1299 Farnam Street State Senator Brenda Council, Room 1115, State Capitol, Lincoln, NE Samuel Mudumala, President, Prudent Technologies Dr. Bobbi A. Davis, 4947 Spaulding Street Tim Clark, 15214 Martin Avenue For the City: Paul Kratz, City Attorney Michelle Peters, Assistant City Attorney Tim O’Bryan, Construction Engineer, Public Works Department Buster Brown, City Clerk Bob Stubbe ,Public Works Director CCID # 852 – Motion by Thompson that the Resolution be laid over one week to July 27, 2010 Seconded by Gray ROLL CALL: Yeas: Mulligan, Thompson, Festersen, Gray, Jerram Nay: Stothert, Mr. President Motion Carried 5-2 (a) Communication from James T. Boler, Attorney representing Navarro Enterprise Construction, Inc., re: the contract for OPW 51904 – see attached. # 852 – Over to 07/27/10 (b) Communication from Coleman Freeman, Coleman Construction Company, re: the contract with Navarro Enterpise Construction, Inc. for OPW 51904, being major street concrete curb ramp construction at various locations within the City of Omaha – see attached. # 852 – Over to 07/27/10 - 11 - (c) Document submitted by Matthew S. McKeever, Attorney, on behalf of John Main d/b/a Main Construction and Concrete, re: Coleman’s Construction Company’s bid for OPW 51904 – see attached. # 852 – Over to 07/27/10 * * * * * * * * * * * * CCID # 899 – Motion by Thompson that the City Council Rules of Order be suspended Seconded by Gray ROLL CALL: Yeas: Mulligan, Thompson, Festersen, Gray, Jerram Nays: Stothert, Mr. President Motion Carried 5-2 Res. that, as recommended by the Mayor, the contract with Coleman Construction Company for OPW 51904, being major street concrete curb ramp construction at various locations within the City of Omaha in the amount of $780,258.45 is hereby approved; and that the Finance Department is authorized to pay this cost from the 2006 Transportation Fund 13182, 2009 Issue Transportation Bonds Organization 117114, year 2010 expenditures – see attached. (a) Communication from Tim O’Bryan, Construction Engineer, Public Works Department, re: the contract with Coleman Construction Company for OPW 51904 – see attached. Motion by Thompson to reconsider CCID No. 725 of June 29, 2010 with Roll Call on July 27, 2010 Seconded by Gray CCID # 900 – Motion by Thompson that the City Council Rules of Order be reinstated Seconded by Gray ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 * * * * * * * * * * * * - 12 - 20. Res. that, as recommended by the Mayor, the contract with Ronco Construction Co. for OPW 51926-SP, being pedestrian bridge demolition at 72nd and Blondo Streets in the amount of $151,319.34 is hereby approved; and, that the Finance Department is authorized to pay this cost from the 2006 Transportation Fund 13182, 2010 Issue Transportation Bonds Organization 117115, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 853 – ADOPTED 7-0 21. Res. that, as recommended by the Mayor, the Purchasing Agent is authorized to issue a purchase order to MUD for replacement and reinstallation of water and gas mains associated with the emergency sewer repairs at 16th Street and Grace Street; and that the Finance Department is authorized to pay MUD $316,000 from the Sewer Revenue Improvement Fund 21124, Neighborhood Sewer Renovation Organization 116911 for the emergency utility replacements at 16th Street and Grace Street – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 854 – ADOPTED 7-0 22. Res. that, as recommended by the Mayor, the Agreement between the City of Omaha and the State of Nebraska Department of Roads, providing for resurfacing on certain street segments which are urban extensions of State Highways or links to the State highway system and reimbursement from the State of Nebraska Department of Roads at an amount not to exceed $300,000.00, is hereby approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 855 – ADOPTED 7-0 - 13 - 23. Res. that, as recommended by the Mayor, the Agreement with Olsson Associates for design build contract for the development and installation of a Parking Management System for the TD Ameritrade Omaha Ball Park and the Qwest Center, is hereby approved; and that the Finance Department is authorized to pay the amount of $907,553.00 for these services from the Downtown Stadium & Companion Projects Fund 13418, Downtown Stadium Organization 131606 – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 856 – ADOPTED 7-0 24. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to MacKay Meter, Inc. for the purchase of 645 Garudain XL coin/card ship card reader meter mechanisms to be utilized by the Traffic Maintenance Division in the amount of $99,975.00; and that the Finance Department is authorized to pay the cost of this purchase from the General Fund 11111, Parking Meters Organization 116183, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 857 – ADOPTED 7-0 25. Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Associated Fire Protection for fire alarm testing at various city facilities to be monitored by the Facilities Management Division in the amount of $24,511.00; and that the Finance Department is authorized to pay this cost from the General Fund 11111, Contract Administration Organization 116261, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 858 – ADOPTED 7-0 - 14 - 26. Res. that, the City accepts and the Mayor is authorized to execute the attached U.S. Environmental Protection Agency Cooperative Agreement Amendment V – 9876750 - 4 which increases the total approved funding from $4,900,000.00 to $11,865,000.00 and increases the portion of this total which has been awarded to $9,716,428.00; and extends the Project Period to September 30, 2012 to implement activities under the EPA Final Record of Decision for the Omaha Lead Site pertaining to stabilization of deteriorating exterior lead-based paint; and to execute subsequent amendments to award additional funding under this Cooperative Agreement – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 863 – ADOPTED 7-0 27. Res. that, as recommended by the Mayor, costs in the amount of $25,000, which includes $6,560 for soft costs for public park improvements to include construction of a small ballfield for neighborhood use in Lakeside Hills Park, located at 175th Avenue and Frances Street, are hereby approved. Further that, these costs incurred by S&ID No. 398 to make these improvements are a 100% obligation of S&ID No. 398, Banyan Hills – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 843 – ADOPTED 7-0 28. Res. that, as recommended by the Mayor this Council does hereby approve the acceptance of the grant award to the Omaha Police Department, #NOHS 20-601, in the amount of $1,225.00 from the State of Nebraska Department of Motor Vehicles, Nebraska Office of Highway Safety; to be used for one (1) officer to attend the 16th Annual DRE Conference in Pittsburgh, PA on July 22-24, focused on drugs, alcohol and impaired driving enforcement – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 844 – ADOPTED 7-0 - 15 - 29. Res. that, the appointment by the Honorable Jim Suttle of Charles T. Yin to be a member of the Downtown Business Improvement Area Board to serve a five year term from July 20, 2010 to July 19, 2015 is hereby confirmed by the City Council – see attached. Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 845 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARING ON AGENDA ITEM NO. 30 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCE ON SECOND READING 30. Ord. to rezone property located at 17324 “F” Street from AG-Agricultural District to R3-Single Family Residential District (Medium Density) (See Doc. # 828 – July 13 Meeting) CCID # 828 – ORDINANCE ON SECOND READING – Final reading to be held on July 27, 2010 as per City Charter requirements. * * * * * * * * * * * * * * ORDINANCES ON SECOND READING and Planning Board Attachment 31. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 835 – July 13 Meeting) - 16 - THE FOLLOWING PERSONS APPEARED AND SPOKE: For the City: Pam Spaccarotella, Finance Director Rick Cunningham, Planning Director CCID # 835 – Public hearing was held today – Final reading set for July 27, 2010 as per City Charter requirements. 32. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 836 – July 13 Meeting) CCID # 836 – Public hearing was held today – Final reading set for July 27, 2010 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the 2010 Annexation Package – see attached. (See Doc. # 836 – July 13 Meeting) # 836 – Over to 07/27/10 ORDINANCES ON SECOND READING 33. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 816 – July 13 Meeting) CCID # 816 – Public hearing was held today – Final reading set for July 27, 2010 as per City Charter requirements. - 17 - 34. 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. ((PUBLIC HEARING TODAY)) (See Doc. # 817 – July 13 Meeting) CCID # 817 – Public hearing was held today – Final reading set for July 27, 2010 as per City Charter requirements. (a) Communication submitted by Reverend Howard Dotson in support of the ordinance to approve the acceptance of the Nebraska Crime Commission, 2010 Juvenile Services/2009 Title II Grants – see attached. # 817 – Over to 07/27/10 - 18 - RESOLUTIONS 35. 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 7/13/10 for corrected publication – had publication - see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 736 – June 22 and July 13 Meetings) Bridget Hadley, Planning Department, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 736 – ADOPTED 7-0 36. 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 7/13/10 for corrected publication – had publication – see attached. ((PUBLIC HEARING CONTINUED TO TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 737 – June 22 and July 13 Meetings) - 19 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: Angela Cerveny, Vice President, Nebraska Taxpayers for Freedom, 20401 Pacific Street For the City: Bridget Hadley, Planning Department Motion by Gray that the Resolution be adopted Seconded by Mulligan ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 737 – ADOPTED 7-0 “PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NOS. 37 THROUGH 38 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” 37. Res. the Midtown West study area with boundaries generally described as 33rd Street on the east, 52nd Street on the west, Charles Street on the north and Pacific Street on the south; with 52nd Street on the east and 60th Street on the west between Leavenworth and Pacific Streets which includes census tracts 4200 to 4500 and 4800 to 5100 is hereby declared a blighted and substandard area in need of redevelopment – see attached. CCID # 859 – Over three weeks to August 10, 2010 for publication and public hearing pursuant to City Council Rule VII F. 38. Res. that the attached Notre Dame Apartments, LLC Tax Increment Financing Redevelopment Project Plan for the redevelopment project that will convert the unused and under-utilized central and west wings of the Notre Dame Academy and Convent located at 3501 State Street into 30 new apartments for seniors, and renovate 32 apartments in the east wing of the same building to make them more energy-efficient; and the plan recommends the use of TIF in an amount up to $225,000.00 to offset the cost of project development as described in the redevelopment plan attached hereto and made a part hereof, of 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 – see attached. CCID # 860 – Over three weeks to August 10, 2010 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * * - 20 - “PURSUANT TO CITY COUNCIL RULE VII C THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 39 THROUGH 44 SHALL BE HELD ON THE SECOND READING” ORDINANCES ON FIRST READING 39. Ord. declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the Nicholas Street Sewer Extension-Phase I, between 16th Street and Abbott Drive, also known as City Project No. OPW 51892, 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. CCID # 861 – Publication to be made and public hearing to be held on July 27, 2010 as per City Charter requirements. 40. Ord. approving a Tax Increment Financing Redevelopment Loan Agreement between the City of Omaha and the TBF Company, LLC to approve Tax Increment Financing in the amount of $402,000.00 to implement the TBF Company, LLC Tax Increment Financing (TIF) Redevelopment Plan for the redevelopment of a site from 17th to 18th Streets from “Q” to “S” Streets, a low-income housing tax credit project, which will consist of 13 buildings that will contain 48 new townhomes with a separate community building; the City will use its power of eminent domain to acquire title to a parcel of land addressed as 5207 S. 18th Street within the redevelopment project site and convey this parcel of land to TBF Company LLC and TBF Company LLC will reimburse the City of Omaha for its cost to acquire and convey the parcel of land; and, to provide for an effective date – see attached. CCID # 862 – Publication to be made and public hearing to be held on July 27, 2010 as per City Charter requirements. 41. Ord. to approve an Agreement between the City of Omaha and Brendle Group in the amount of three hundred and forty thousand dollars ($340,000) to serve as the primary energy consultant to baseline the City of Omaha’s energy use and subsequently prepare a Comprehensive Energy Management Plan (CEMP) for the City of Omaha, to include metrics and policies for verification; to authorize funding for such agreement from the 2009 American Recovery and Reinvestment Act Energy Efficiency Conservation Block Grant, #DE-EE0000666, Fund 17112, Organization 117791; and to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof – see attached. - 21 - CCID # 848 – Publication to be made and public hearing to be held on July 27, 2010 as per City Charter requirements. 42. Ord. to approve an Agreement between the City of Omaha and (a) the Center for Holistic Development in the amount of $30,000; (b) the Omaha Street School in the amount of $38,500; and (c) Impact One Community Connection in the amount of $44,500 to provide services and programs to juveniles in Omaha during the period of July 1, 2010 to June 30, 2011; to authorize funding for such agreement from the 2010 Juvenile Services/2009 Title II Grant Funds #10-JS- 0434, #10-JS-0429 and #09-JJ-0016, Fund 17159, Organization 130802; and to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof – see attached. CCID # 849 – Publication to be made and public hearing to be held on July 27, 2010 as per City Charter requirements. 43. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Safety and Training Coordinator with a salary range of 18AEC ($55,727 - $65,900); to repeal Section 23-177 as heretofore existing; and to provide the effective date hereof – see attached. CCID # 846 – Publication to be made and public hearing to be held on July 27, 2010 as per City Charter requirements. 44. Ord. to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by deleting the employment classification entitled Visitor Services Manager/Film Commissioner with a salary range of 21.2 MC ($60,261 to $74,225); to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Visitor Services/Public Relations Manager with a salary range of 21.2 MC ($60,261 to $74,225); to repeal Section 23-177 as heretofore existing; and to provide the effective date hereof – see attached. CCID # 847 – Publication to be made and public hearing to be held on July 27, 2010 as per City Charter requirements. * * * * * * * * * * * * * * - 22 - CHAIRMAN OF THE BOARD OF EQUALIZATION 45. Chairman of the Board of Equalization reports approval of Plan of Assessment with adjustments made at their regular meeting held July 13, 2010 – see attached. ((MOTION NEEDED TO APPROVE)) CCID # 850 – Motion by Thompson to approve Seconded by Gernandt ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 EXECUTIVE SESSION 46. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Motion by Festersen that the meeting be adjourned Seconded by Stothert ROLL CALL: Yeas: Mulligan, Stothert, Thompson, Festersen, Gray,Jerram, Mr. President Motion Carried 7-0 ADJOURNED: 4:46 P.M. I, BUSTER BROWN, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Meeting of the City Council of the City of Omaha held on July 20th, 2010. WITNESS: ______________________________ ________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 22nd DAY OF JULY 2010.