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2010-04-13j11th REGULAR OMAHA CITY COUNCIL MEETING APRIL 13, 2010 THE CITY COUNCIL met in Regular Session on Tuesday, April 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 # 382 – Present: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President 2. Pledge of Allegiance. 3. Invocation by Councilmember Garry Gernandt of District No. 4. 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 April 9, 2010, notice re: Pre-Council and Regular City Council Meetings, April 13, 2010. CCID # 383 – 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 - ELECTION – CITY COUNCIL DISTRICT NO. 7 5. Statement by Council President Garry Gernandt. CCID # 434 – From Chair on File 6. Election of City Councilmember – District No. 7 CCID # 435 – Motion by Jerram that the City Council Rules of Order (V.C.) be suspended Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 Motion by Jerram to commence the voting for the election of Councilmember in District 7 Seconded by Gray Councilmember Jerram voted for Thomas Mulligan Councilmember Stothert voted for Thomas Mulligan Councilmember Thompson voted for Thomas Mulligan Councilmember Festersen voted for Thomas Mulligan Councilmember Gray voted for Thomas Mulligan Council President Gernandt voted for Thomas Mulligan 6 Votes cast for Thomas Mulligan Thomas Mulligan elected as Councilmember – District 7, City Council of the City of Omaha Motion by Gray that the City Council Rules of Order be reinstated Seconded by Jerram ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 (a) Ballots voted upon and submitted by the City Councilmembers on April 13, 2010 for the Office of City Councilmember – District 7, City Council of the City of Omaha. # 435 – From Chair on File - 3 - RESOLUTION 7. Res. that the City Council of the City of Omaha, on behalf of itself and the citizens of the City of Omaha, does hereby recognize and honor Luigi Waites for his years of dedicated service to the Omaha arts community – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 436 – ADOPTED 6-0 ”PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NOS. 8 THROUGH 10 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” RESOLUTIONS RE: PRELIMINARY PLATS AND PLAT 8. Res. that the preliminary plat entitled FORT OMAHA CAMPUS, located Northeast of 32nd Street and Sorensen Parkway, 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 April 27, 2010 published in the Daily Record on April 16, 2010. CCID # 404 – Over two weeks to April 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 FORT OMAHA CAMPUS, a minor plat, located Northeast of 32nd Street and Sorensen Parkway – Inside City – see attached. # 404 – Over to 04/27/10 9. Res. that the plat entitled FORT OMAHA CAMPUS, located Northeast of 32nd Street and Sorensen Parkway, is hereby approved and accepted – Inside City – see attached. Notice of public hearing on April 27, 2010 published in the Daily Record on April 16, 2010. CCID # 405 – Over two weeks to April 27, 2010 for publication and public hearing pursuant to City Council Rule VII E. - 4 - (a) Planning Board and Planning Department recommend approval of the final plat of FORT OMAHA CAMPUS, a minor plat, located Northeast of 32nd Street and Sorensen Parkway – Inside City – see attached. # 405 – Over to 04/27/10 10. Res. that the preliminary plat entitled WOODLAND RIDGE located Northwest of 42nd and Lake Streets, 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 April 27, 2010 published in the Daily Record on April 16, 2010. CCID # 406 – Over two weeks to April 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 WOODLAND RIDGE, located Northwest of 42nd and Lake Streets – Inside City – see attached. # 406 – Over to 04/27/10 * * * * * * * * * * * * * SPECIAL USE PERMIT – SCRAP AND SALVAGE SERVICES 11. Res. that the Special Use Permit application submitted by R2R Recycling, LLC, for a Special Use Permit to allow Scrap and salvage services in a HI-Heavy Industrial District, located at 902 Grace Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – over from 03/30/10 for publication and public hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 336 – March 30 Meeting) Rick Cunningham, Planning Director, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 336 – ADOPTED 6-0 - 5 - (a) Planning Board and Planning Department recommend approval of a Special Use Permit to allow Scrap and salvage services in a HI District located at 902 Grace Street – over from 03/30/10 – see attached. (See Doc # 336 – March 30 Meeting) # 336 – From Chair on File LIQUOR AND RESOLUTIONS RE: KENO 12. CLASS “C” – Chou, Sing Lou, dba “Okinawa Asian & Sushi”, 12240 “L” Street, Suite 101. New application, New location. Property posted: 03-23-10; Notification sent: 04-02-10 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTON EITHER TO GRANT OR DENY)) Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 384 – ADOPTED 6-0 13. CLASS “C” – Circadian Entertainment, LLC, dba “The Foundation”, 1407 Harney Street. New application, Old location. Present licensee is 36th Street, Inc., dba “The E”, 1407 Harney 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 RESOLUTON EITHER TO GRANT OR DENY)) Chad Rozniecki, 604 South 22nd Street, appeared and spoke. Res # 385 – Application read Motion by Thompson that the Resolution to GRANT be ADOPTED AS AMENDED Seconded by Gernandt ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 385 – ADOPTED AS AMENDED 6-0 - 6 - (a) Communication from Circadian Entertainment, LLC, dba “The Foundation”, 1407 Harney Street, requesting to amend their application for a Class “C” Liquor License to include the basement area approx. 14’ x 80’ for storage – see attached. # 385 – Motion by Gray that the Amendment be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 14. CLASS “C” – Twomey Omaha, Inc., dba “Loft 610 Urban Restaurant & Lounge”, 220 South 31st Avenue, Suite 3107. New application, New location. Property posted: 03-29-10; Notification sent: 04-02-10 – see attached. ((YOU HAVE YOUR HEARING ON THE APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTON EITHER TO GRANT OR DENY)) Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Res # 386 – ADOPTED 5-0-1 Pass (a) Document submitted by Mike Kelley, Attorney for the applicant, re: the application of Twomey Omaha, Inc., dba “Loft 610 Urban Restaurant & Lounge”, 220 South 31st Avenue, Suite 3107, for a Class “C/K” Liquor License – see attached. # 386 – From Chair on File 15. CATERING – Twomey Omaha, Inc., dba “Loft 610 Urban Restaurant & Lounge”, 220 South 31st Avenue, Suite 3107. New application, New location. Property posted: 03-29-10; Notification sent: 04-02-10 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Mike Kelley, Attorney for the applicant, 7134 Pacific Street, appeared and spoke. - 7 - CCID # 387 – Motion by Gray that the application be approved Seconded by Festersen ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram CITY CLERK CALLS THE ROLL AGAIN: ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Mr. President Pass: Jerram Councilmember Jerram passed due to potential conflict of interest Motion Carried 5-0-1 Pass 16. CLASS “I” – DJ2B, Inc., dba “Cruisers”, 8634 “F” Street. New application, Old location. Present licensee is Cheese Head, Inc., dba “Governor’s Pub & Grill”, 8634 “F” 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 RESOLUTON EITHER TO GRANT OR DENY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Denise Gaule, 8722 “M” Circle Jeff Gaule, 8722 “M” Circle Motion by Gray that the Resolution to GRANT be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 388 – ADOPTED 6-0 17. LM-Omaha, Inc., dba “Crowne Plaza Hotel”, 655 North 108th Avenue, requests permission to appoint Mary K. Schulte manager of their present Class “C” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) CCID # 389 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 - 8 - 18. Sixty-Q Ventures, Inc., dba “Waldo’s Pub”, 5936 “Q” Street, requests permission to appoint James P. McMahon manager of their present Class “C” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) James McMahon, 2811 South 50th Street, appeared and spoke. CCID # 390 – Motion by Gray that the request be approved Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 19. Omaha Downtown Lodging Investors II, LLC, dba “Hilton Garden Inn”, 1005 Dodge Street, requests permission to appoint Brad M. Marr manager of their present Class “I” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Brad Marr, 5831 Burdette Street, appeared and spoke. CCID # 391 – Motion by Thompson that the request be approved Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 20. Red Robin International, Inc., dba “Red Robin America’s Gourmet Burgers and Spirits”, 14455 West Maple Road, requests permission to appoint Travis J. Saint manager of their present Class “I” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Travis Saint, 2127 North 167th Circle, appeared and spoke. CCID # 392 – Motion by Gray that the request be approved Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 - 9 - 21. Upstream Brewing Company, LLC, 514 South 11th Street, requests permission to appoint Peter J. Kolb manager of their present Class “I” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Peter Kolb, Director of Operations, Upstream Brewing Company, 1617 North 59th Street, appeared and spoke. CCID # 393 – Motion by Gray that the request be approved Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 22. Upstream Brewing Company, LLC, 514 South 11th Street, requests permission to appoint Peter J. Kolb manager of their present Class “L” Liquor License – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Peter Kolb, Director of Operations, Upstream Brewing Company, 1617 North 59th Street, appeared and spoke. CCID # 394 – Motion by Gray that the request be approved Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 23. 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 322 South 72nd Street, The Hide Out, 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 Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 395 – ADOPTED 6-0 - 10 - 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 1420 Cuming Street, The Union Pizzeria & Sports Bar, 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 Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 396 – ADOPTED 6-0 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 5338 North 103rd Street, Shamrock’s Pub and Grill, in Omaha, Nebraska – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Katrina Coffey, Vice President of Marketing, Big Red Keno, 11248 John Galt Boulevard Daris Peterson, 3438 South 88th Street Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 397 – ADOPTED 6-0 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 4201 South 38th Street, Corner Pocket, 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 Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 398 – ADOPTED 6-0 - 11 - (a) Communication supporting the application of Big Red Lottery Services, Ltd., to operate a satellite keno location at Eric Orbin, LLC, dba “Corner Pocket”, 4201 South 38th Street – see attached. # 398 – From Chair on File 27. 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 4530 South 84th Street, Penthouse Lounge, 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 Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 399 – ADOPTED 6-0 28. 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 2229 Lake Street, My Place, 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 Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 400 – ADOPTED 6-0 29. 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 20902 Cumberland Drive, Kegler Bowling, 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. - 12 - Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 401 – ADOPTED 6-0 30. 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 3510 North 167th Circle #101, Tropic’s Bar and 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 Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 402 – ADOPTED 6-0 31. 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 River Road Lodge, 27849 West Center Rd., in Waterloo, 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 Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 403 – ADOPTED 6-0 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.) - 13 - (The public hearings on Agenda Item Nos. 32 through 49 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 32. Res. that, as recommended by the Mayor, the contract with Dale’s Trash Service for contract OPW 50879 being the emptying and disposal of trash from City owned litter receptacles, is hereby extended from January 1, 2010 through December 31, 2010; further that the Finance Department is authorized to pay $90,000 for this service from the General Fund 11111, Solid Waste Collection and Disposal Organization 116321, year 2010 expenditure – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 415 – ADOPTED 6-0 33. Res. that, as recommended by the Mayor, the City Council concurs with the bid award to TAB Holding Company, Inc., DBA TAB Construction for Project OPW 51295 and SP-02-14 being reconstruction of the following streets, namely; Howard Street from 10th Street to 13th Street; 11th Street from Jackson Street to Harney Street; 12th Street from Jackson Street to Harney Street; and 11th Street from Farnam Street to Harney Street, in the amount of $563,194, to be paid from the ARRA NDOR Grant Fund 17116, Organization 117751, and the remaining $347,967.63 paid in the amount of $147,967.63 from the 2006 Transportation Bond Fund 13182, 2007 Issue Transportation Bond Organization 117112 and $200,000 from the Street and Highway Allocation Fund, Traffic Capital Organization 116189, in accord with the approved program agreement with NDOR for the project; and that the City Council hereby authorizes the Mayor and the City Clerk to sign the construction contract on behalf of the City of Omaha, and that the Mayor and the City Clerk are also authorized to sign the attached NDOR documents – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 410 – ADOPTED 6-0 - 14 - 34. Res. that, as recommended by the Mayor, the contract with OK Electric Co., Inc. for OPW 51680, being traffic signal construction at 12th and Cuming Streets and 12th and Mike Fahey Streets, in the amount of $159,667.00 is hereby approved; and, that the Finance Department is authorized to pay the cost of OPW 51680 from the Downtown Stadium and Companion Projects Fund 13418, Downtown Stadium Organization 131606, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 411– ADOPTED 6-0 35. Res. that, as recommended by the Mayor, the City Council concurs with the bid award to Hawkins Construction Company for Project SP-83-22, being the reconstruction of West Center Road from 148th Street to U.S. 275, in the amount of $8,058,172.69, with $6,141,000 to be paid from the ARRA NDOR Grant Fund 17116, Organization 117760, with remainder of the contract cost being paid by Federal and State funds with the City’s 20% share in the amount of $383,434.54 being paid from the 2006 Transportation Bond Fund 13182, 2010 Issue Transportation Bond Organization 117115, in accord with the approved program agreement with NDOR for the project; and that the City Council hereby authorizes the Mayor and the City Clerk to sign the construction contract on behalf of the City of Omaha, and that the Mayor and the City Clerk are also authorized to sign the attached NDOR documents – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 412 – ADOPTED 6-0 36. Res. that, as recommended by the Mayor, the Engineering Services Agreement with Tetra Tech, Inc. for preliminary engineering design services for the separation of sewers in the area of 26th Street and Corby Street, is hereby approved; and that the Finance Department is authorized to pay Tetra Tech, Inc. $1,818,494 for these professional engineering services from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918 – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 432 – ADOPTED 6-0 - 15 - 37. Res. that, as recommended by the Mayor, professional services agreement with George Butler Associates, Inc. for flow monitoring in the Papillion Creek Interceptor Sewer and rain monitoring is required in the Combined Sewer and Sanitary Sewer Areas for the Combined Sewer Overflow Project is hereby approved; and that the Finance Department is authorized to pay George Butler Associates, Inc. an amount not to exceed $1,032,000 as follows; $650,500 from the Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918, $26,000 from the Sewer Revenue Improvement Fund 21124, Capital Asset Replacement Organization 116913, and $355,500 from the Interceptor Sewer Construction Fund 12133, General Interceptor Sewer Construction Organization 116921 – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 413 – ADOPTED 6-0 38. Res. that, as recommended by the Mayor, the Agreement with HWS Consulting Group, Inc. to provide material testing, inspection, and project management services for residential street resurfacing and rehabilitation and Americans with Disabilities Act (ADA) compliance projects within the City of Omaha for the 2010 construction season, is hereby approved; and that the Finance Department is authorized to pay $386,785 from the City Street Maintenance Fund 12129, Residential Street Rehabilitation Organization 116161, year 2010 expenditure – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 414 – ADOPTED 6-0 39. Res. that, as recommended by the Mayor, the contract with Spectracom, Inc, d.b.a. River City Recycling, for receipt and disposal of bulky items trash from Omaha residents, is hereby extended from January 1, 2010 through December 31, 2010; and that the Finance Department is authorized to pay $40,000 from the General Fund 11111, Solid Waste Collection and Disposal Organization 116321, year 2010 expenditure – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 416 – ADOPTED 6-0 - 16 - 40. Res. that, as recommended by the Mayor, the bids from Papillion Sanitation, Abe’s Trash Service, RR Waste Solutions, and Deffenbaugh for equipment and operators for the 2010 spring clean up are accepted; and that the Finance Department is authorized to pay the cost of the equipment and operators estimated to be $75,600.00 from the General Fund 11111, Solid Waste Disposal Organization 116321, year 2010 expenditures – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 417 – ADOPTED 6-0 41. Res. that, the cost to the City of Omaha for the year 2010 for cutting of weeds, grass and worthless vegetation, as provided in Sec. 18-28 of the Omaha Municipal Code shall be for areas of various size. The cost to the City of Omaha for the year 2010 for the removal of litter as provided in Sec. 18-29 of the Omaha Municipal Code shall be $204.00 for the first hour, and increase for each subsequent ½ hour if additional time is required for such litter removal. That, said above charges for cost to the City of Omaha for the cutting of such weeds, grass and worthless vegetation and/or for removal of litter shall be in addition to penalty provisions, and in making assessment against property owners there shall be added thereto the penalties in the amounts of which penalties are as follows: For the 1st violation, a penalty in the sum of $75.00; for the 2nd violation, a penalty in the sum of $150.00; for the 3rd violation and each subsequent violation thereafter, a penalty in the sum of $300.00; for the 3rd violation within 24 months of the two prior, a penalty of $500 – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 419 – ADOPTED 6-0 42. Res. that, as recommended by the Mayor, the purchase to Meridian Medical Technologies in the amount of $74,144.70 for 1,890 units of DuoDote Auto- Injectors, a FDA-approved chemical nerve agent antidote for the protection of first responders and chemical exposure victims during an emergency situation, as a qualified Sole Source vendor provided in Chapter 5.16 of the Home Rule Charter, is hereby approved. Further that, the Finance Department of the City of Omaha is authorized to pay Meridian Medical Technologies in the amount of $74,144.70 for 1,890 units of DuoDote Auto-Injectors, budgeted from and funded by the Nebraska Emergency Management Agency (NEMA) FY 2008 Homeland Security Grant Program, Award # 2008-GE-T8-0054, Fund 12151, Organization 130762 – see attached. - 17 - Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 423 – ADOPTED 6-0 43. Res. that, as recommended by the Mayor, the application and grant award to the Omaha Police Department, NOHS# 10-27, in the amount of twenty-two thousand five hundred sixty-five dollars and zero cents ($22,565.00), from the Nebraska Office of Highway Safety to provide direct reimbursement for salaries and mileage during Selective Alcohol Enforcement Operations during a project period extending from March 1, 2010 to May 31, 2010, is hereby approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 420 – ADOPTED 6-0 44. Res. that, as recommended by the Mayor, the application and grant award to the Omaha Police Department, #410-10-5, in the amount of twenty-one thousand seven hundred thirteen dollars and zero cents ($21,713.00), from the Nebraska Office of Highway Safety to provide direct reimbursement for salaries and mileage during Selective Alcohol Enforcement Operations during a project period extending from April 17, 2010 to June 11, 2010, is hereby approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 422 – ADOPTED 6-0 45. Res. that, as recommended by the Mayor, the application and grant award to the Omaha Police Department, NOHS# 10-33, in the amount of fourteen thousand five hundred eighty-two dollars and zero cents ($14,582.00), from the Nebraska Department of Motor Vehicles, Nebraska Office of Highway Safety to provide direct reimbursement for salaries and mileage during Selective Alcohol Enforcement Operations during a project period extending from April 1, 2010 to April 30, 2010, is hereby approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 421 – ADOPTED 6-0 - 18 - 46. Res. that the nomination and appointment by Councilmember Pete Festersen of Rodney E. Jewell as an at-large member of the Civil Rights Hearing Board from Council District One, to serve a three-year term commencing upon confirmation by the City Council and expiring three years thereafter, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 425 – ADOPTED 6-0 47. Res. that the appointment by the Honorable Jim Suttle of Howard M. Kooper to be a member of the Airport Authority Board for a five (5) year term, such period to commence on April 11, 2010, and terminate five years thereafter on April 10, 2015, is hereby confirmed by the City Council – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 424 – ADOPTED 6-0 AGENDA ITEM NO. 48 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER STOTHERT 48. Res. that John F. Lund is hereby appointed by the Mayor of the City of Omaha to the MECA Board of Directors to serve a five-year term commencing on May 10, 2010, and ending on May 9, 2015 – see attached. Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 437 – ADOPTED 6-0 - 19 - 49. Res. that the nomination of Mark W. McColley to replace Terry Moore as a member of the Workforce Opportunity Task Force, to serve commencing upon confirmation by the City Council, be and hereby is confirmed and approved – see attached. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 426 – ADOPTED 6-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCE ON FINAL READING AND RESOLUTION 50. Ord. to amend Section 41-2, 41-39, 41-Appendix B of the Omaha Municipal Code. Chapter 41-2 dealing with the adoption, with amendments, of certain air pollution rules and regulations of the State of Nebraska; to provide for adopting such regulations, including the most recent amendments thereto of May 17, 2009, and accepting there from certain prior changes dealing with definitions, enforcement, certain deletions; to amend Section 41-39 dealing with the establishment of Air Quality fees; and to amend section 41-Appendix B dealing with Odorous Sources; and to repeal sections 41-2, 41-39 and 41-Appendix B of the Omaha Municipal Code as heretofore existing and to provide for the effective date hereof – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 329 – March 23 and March 30 Meetings) Notice of public hearing on April 13, 2010 pubished in the Daily Record on March 26, 2010. Ordinance passed on April 13, 2010 published in the Daily Record on April 21, 2010. THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: David Wilson, Owner, Maaco Auto Painting and Bodywork, 4505 South 84th Street For the City: Marty Grate, Public Works Department CCID # 329 – Motion by Jerram that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President ORDINANCE # 38693 PASSED 6-0 - 20 - 51. Res. that, as recommended by the Mayor, the attached rate structure of March 2010, permitting Omaha’s Air Quality Control (AQC) to collect fees to offset the cost of the operating permit and asbestos inspection programs in Omaha, is hereby approved – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestant: David Wilson, Owner, Maaco Auto Painting and Bodywork, 4505 South 84th Street For the City: Marty Grate, Public Works Department Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 407 – ADOPTED 6-0 APPEAL RE: BID REJECTION 52. Douglas Earnest, representing Premier Development & Construction, Inc., appeals the rejection of their bid of March 17, 2010 for OPW 51930 – 2010 New Sidewalk Construction and Sidewalk Repair at Various Locations within the Northeast Quadrant of the City of Omaha – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO ALLOW OR DENY THE APPEAL, AND IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Douglas Earnest, Premier Development & Construction, Inc., 1702 ½ South 10th Street Protestants: Cary Jackson, Jackson’s Complete Concrete Ernie Boykin, 2511 North 57th Street For the City: Michelle Peters, Assistant City Attorney CCID # 408 – Motion by Gray that the bid rejection appeal be denied Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 - 21 - RESOLUTION 53. Res. that, as recommended by the Mayor, the contract with Jackson’s Complete Concrete for OPW 51930, being New Sidewalk Construction and Sidewalk Repair at Various Locations in the Northeast Quadrant of the City of Omaha (from the Missouri River west to 72nd Street between the North Side of Dodge Street to the Omaha City Limits on the North), in the amount of $56,850.00 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 in the amount of $14,212.50 and from the Capital Special Assessment Fund 13573, Special Assessment Organization 116168 in the amount of $42,637.50, year 2010 expenditures – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Cary Jackson, Jackson’s Complete Concrete, 5021 Fontenelle Boulevard, appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Thompson ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 409 – ADOPTED 6-0 54. Res. that the Resolution adopting a Needs Assessment of the cable-related needs and interests of the Omaha community, authorizing commencement of informal franchise renewal negotiations with Cox Cable Omaha and Qwest Broadband Services pursuant to federal law, and stating certain limitations and reservations is hereby adopted – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) THE FOLLOWING PERSONS APPEARED AND SPOKE: Protestants: Steve Zach, 4339 California Street Frances Mendenhall, 3715 Hamilton Street Larry Schumacher Arthur Pfeiffer, 3812 Mason Street Eddie Weldon, 2454 Harney Street John Barrett, Cox Communications, 11505 West Dodge Road For the City: Tom Mumgaard, Deputy City Attorney Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Res # 433 – ADOPTED 6-0 - 22 - (a) Omaha Cable Television Advisory Committee hereby recommends that the Omaha City Council adopt the report of the Cable Related Community Needs Assessment for the City of Omaha prepared by Brian Grogan and his subcontractors – see attached. # 433 – From Chair on File (b) Communication from Stuart Williams, re: resolution adopting a Needs Assessment of cable related needs and interests of the Omaha community – see attached. # 433 – From Chair on File "PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARING ON AGENDA ITEM NOS. 55 THROUGH 58 SHALL BE HELD ON THE THIRD READING” ZONING ORDINANCES ON SECOND READING 55. Ord. to amend the boundaries of the ACI-2 (65) District of the Areas of Civic Importance Overlay District, to incorporate into that district the property located along Dodge Street from 69th Street to 84th Street and along 72nd Street from Cass Street to Pacific Street; and to provide for an effective date – see attached. (See Doc. # 337 – March 30 Meeting) CCID # 337 – ORDINANCE ON SECOND READING – Final reading to be held on April 20, 2010 as per City Charter requirements. 56. Ord. to amend the boundaries of the ACI-2 (PL) District of the Areas of Civic Importance Overlay District, to incorporate into that district the property located along Dodge Street from 84th Street to 90th Street; and to provide for an effective date – see attached. (See Doc. # 338 – March 30 Meeting) CCID # 338 – ORDINANCE ON SECOND READING – Final reading to be held on April 20, 2010 as per City Charter requirements. - 23 - 57. Ord. to rescind a PK-Parking Overlay District located at 140 North 41st Street, and to provide for an effective date – see attached. (See Doc. # 339 – March 30 Meeting) CCID # 339 – ORDINANCE ON SECOND READING – Final reading to be held on April 20, 2010 as per City Charter requirements. 58. Ord. to rezone property located at 140 North 41st Street from R5(35)-Urban Family Residential District to R5-Urban Family Residential District. (See Doc. # 340 – March 30 Meeting) CCID # 340 – ORDINANCE ON SECOND READING – Final reading to be held on April 20, 2010 as per City Charter requirements. * * * * * * * * * * * * * ORDINANCES ON SECOND READING 59. Ord. to accept the bid from Navarro Enterprises for grounds maintenance mowing of right-of-way identified as Area 1, being 90th Street east to the river from Cuming Street north to the city limits in the amount of $30,685.60 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 348 – March 30 Meeting) CCID # 348 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. 60. Ord. to accept the bid from Team Green for grounds maintenance mowing of right-of-way identified as Area 2, being 90th Street east to the river from Cuming Street south to Harrison Street in the amount of $22,861.44 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 349 – March 30 Meeting) CCID # 349 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. - 24 - 61. Ord. to accept the bid from Ross Lawn for grounds maintenance mowing of right- of-way identified as Area 3, being 90th Street west to 168th Street from Dodge Street north to the city limits in the amount of $28,749.60 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 350 – March 30 Meeting) CCID # 350 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. 62. Ord. to accept the bid from Team Green for grounds maintenance mowing of right-of-way identified as Area 4, being 90th Street west to 192nd Street from Dodge Street south to the Harrison Street in the amount of $67,094.77 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 351 – March 30 Meeting) CCID # 351 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. 63. Ord. to accept the bid from Nebraska Best Lawn for grounds maintenance mowing of right-of-way identified as Area 5, being 192nd Street west to the city limits from Pacific Street to Maple Street in the amount of $30,409.40 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 352 – March 30 Meeting) CCID # 352 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. - 25 - 64. Ord. to accept the bid from Team Green for grounds maintenance mowing of right-of-way identified as Storz to North Freeway to Sorensen Mowing, being Storz Expressway from Abbott Drive to Sorensen Parkway, North Freeway from Sorensen Parkway to Cuming Street, and Sorensen Parkway from Storz Expressway west to 56th Street in the amount of $34,702.08 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 353 – March 30 Meeting) CCID # 353 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. 65. Ord. to accept the bid from Reese Enterprises for grounds maintenance mowing of right-of-way identified as West Dodge to Maple Streets Mowing, being Dodge Street from 96th Street to 120th Street and Maple Street from east of 72nd Street to 177th Street in the amount of $23,388.16 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 354 – March 30 Meeting) CCID # 354 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. 66. Ord. to accept the bid from Reese Enterprises for grounds maintenance mowing of right-of-way identified as “L” Street Mowing, being “L” Street from 54th Street to 132nd Street and Industrial Road from 132nd Street to east of Bob Boozer Drive in the amount of $21,514.66 for a two year period ending October 31, 2012; providing for the payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 355 – March 30 Meeting) CCID # 355 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. - 26 - 67. Ord. to exercise the prior option to extend a purchase order, initially approved by the City Council by Ordinance No. 36953, with Deffenbaugh Industries involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to authorize the Purchasing Division to issue a purchase order to Deffenbaugh Industries in the amount of $80,026.00 for collections of solid waste from Omaha Housing Authority Sites; to authorize the reimbursements to be paid from a specific account; and to provide an effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 357 – March 30 Meeting) CCID # 357 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. 68. Ord. to approve the Seventh Amendment to Redevelopment Agreement between the CITY OF OMAHA and DURHAM WESTERN HERITAGE MUSEUM, a Nebraska nonprofit corporation, formerly known as WESTERN HERITAGE SOCIETY, INC. which extends the Redevelopment Agreement approved in January, 1995, for an additional period of three years; for the term of the Amendment, the City agrees to provide the interest, dividends and other income derived from the excess funds generated by the partial sale of the Byron Reed Collection to DURHAM WESTERN HERITAGE MUSEUM for maintenance of the remaining part of the Byron Reed Collection; the Finance Department will pay such funds from Fund 15112, Org. 126038; and to provide an effective date thereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 369 – March 30 Meeting) Christy Janssen, Executive Director, Durham Western Heritage Museum, 801 South 10th Street, appeared and spoke. CCID # 369 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. 69. Ord. to amend Sections 23-103; 23-177; 23-180; 23-272; 23-309; 23-402; 23- 403; 23-417; 23-494; and 23-507 of the Omaha Municipal Code to reflect changes for the Administrative and Executive Classifications for the years 2009, 2010, 2011 and 2012; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with this ordinance shall not be applicable to those employees in Administrative and Executive Classifications; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 366 – March 30 Meeting) Steve Kerrigan, Assistant Labor Relations Director, appeared and spoke. CCID # 366 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. - 27 - 70. Ord. to amend Sections 23-103; 23-177; 23-180; 23-251; 23-253; 23-272; 23- 309; 23-402; 23-403; 23-417; 23-468; and 23-507 of the Omaha Municipal Code to reflect changes negotiated between the City of Omaha and the Civilian Management Professional and Technical Employees Council (CMPTEC) for the years 2009, 2010, 2011 and 2012; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with this ordinance shall not be applicable to those employees in CMPTEC; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 367 – March 30 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponents: Marc McCoy, President, CMPTEC Group John Corrigan, Attorney representing CMPTEC Group 1411 Harney Street For the City: Steve Kerrigan, Assistant Labor Relations Director Richard O’Gara, Human Resources Director CCID # 367 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. 71. Ord. to approve the Collective Bargaining Agreement for the years 2009, 2010, 2011 and 2012 between the City of Omaha and the Omaha City Employees, Local 251, American Federation of State, County and Municipal Employees, AFL-CIO; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with the provisions of the Collective Bargaining Agreement shall not be applicable to those employees in the Bargaining Unit described in Article 1, Section I, of said Collective Bargaining Agreement; to provide authorization for the Mayor to execute and the City Clerk to attest his signature; and to provide the effective date hereof – see attached. ((PUBLIC HEARING TODAY)) (See Doc. # 368 – March 30 Meeting) THE FOLLOWING PERSONS APPEARED AND SPOKE: Proponent: Kevin Brown, President, Local 251, 1941 South 42nd Street For the City: Steve Kerrigan, Assistant Labor Relations Director Richard O’Gara, Human Resources Director CCID # 368 – Public hearing was held today – Final reading set for April 20, 2010 as per City Charter requirements. ”PURSUANT TO CITY COUNCIL RULE VII F AGENDA ITEM NO. 72 SHALL BE LAID OVER THREE WEEKS FOR PUBLICATION AND PUBLIC HEARING” - 28 - RESOLUTION 72. Res. that, the attached Ames Plaza, LLC Tax Increment Financing Redevelopment Project Plan for the redevelopment project that provides for the adaptive re-use of vacant, deteriorated property located at 5804 Ames Avenue, a Benson-Ames Alliance redevelopment site within North Omaha; the project site consists of an old vacant, two-story retail structure which will be developed into new mixed-use commercial, retail and office complex and also convenience storage on the west side, lower level of the structure; and, the plan recommends the use of TIF in an amount up to $662,287.00 to offset the cost of acquisition, demolition, site development and related public improvement costs as may be required described in the redevelopment plan attached hereto and made a part 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. Notice of public hearing on May 4, 2010 published in the Daily Record and the Omaha World Herald on April 15, 2010 and April 22, 2010. CCID # 418 – Over three weeks to May 4, 2010 for publication and public hearing pursuant to City Council Rule VII F. * * * * * * * * * * * * * "PURSUANT TO CITY COUNCIL RULE VII D THE PUBLIC HEARING ON AGENDA ITEM NO. 73 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCE ON FIRST READING and Planning Board Attachment 73. Ord. to rezone the property located at 19136 Harrison Street from DR- Development Reserve District to R3-Single-Family Residential District (Medium Density). CCID # 427 – Publication to be made and public hearing and third reading to be held on April 27, 2010 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of a request to rezone the property located at 19136 Harrison Street from DR to R3 – see attached. # 427 – Over to 04/27/10 * * * * * * * * * * * * * - 29 - "PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARINGS ON AGENDA ITEM NOS. 74 THROUGH 77 SHALL BE HELD ON THE SECOND READING" ORDINANCE ON FIRST READING and Planning Board Attachment 74. Ord. declaring City-owned real property at 20601 Glenn Street (former Elkhorn City Hall) to be surplus property no longer needed for public purposes; approving the attached Agreement for the sale of the said property to Douglas County School District #11, a.k.a. Elkhorn Public Schools, for $375,000; and providing the effective date hereof – see attached. CCID # 431 – Publication to be made and public hearing to be held on April 20, 2010 as per City Charter requirements. (a) Planning Board and Planning Department recommend approval of the Surplus Declaration and Disposal of City-owned property located at 20601 Glenn Street (former Elkhorn City Hall) – see attached. # 431 – Over to 04/20/10 ORDINANCES ON FIRST READING 75. Ord. to approve the transfer of a permanent easement in land to the State of Nebraska for a fee in the amount of five hundred dollars ($500) for purposes of constructing and maintaining an acceleration lane as part of the improvements of Interstate 80 between the Missouri River Bridge and 24th Street Bridge; to authorize the Mayor to execute the attached Acquisition Contract and Easement Agreement; and to provide an effective date thereof – see attached. CCID # 428 – Publication to be made and public hearing to be held on April 20, 2010 as per City Charter requirements. - 30 - 76. Ord. approving a Tax Increment Financing Redevelopment Loan Agreement between the City of Omaha and the 1009 Capital Avenue, LLC to implement the 1009 Capital Avenue, LLC Tax Increment Financing (TIF) Redevelopment Plan for renovation, restoration, expansion and conversion of two existing structures – a two-story brick structure and one multi-level building; both are used for storage/warehousing, and are currently vacant – into three to four distinct office and/or retail spaces totaling approximately 17,500 square feet; to authorize the use of $425,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and to provide for an effective date – see attached. CCID # 429 – Publication to be made and public hearing to be held on April 20, 2010 as per City Charter requirements. 77. Ord. to approve an Agreement between the City of Omaha and the Young Women’s Christian Association in the amount of fifty eight thousand, nine hundred dollars ($58,900) to provide funding to strengthen Omaha's response to domestic violence through the implementation of a Family Justice Center; to authorize funding for such agreement from the FY 2009 Grant to Encourage Arrest Policies and Enforcement of Protection Orders, #2005-WE-AX-0035, Fund 12152, Organization 130767; 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 # 430 – Publication to be made and public hearing to be held on April 20, 2010 as per City Charter requirements. * * * * * * * * * * * * * EXECUTIVE SESSION 78. CCID # 469 – Motion by Jerram to go into Executive Session at 3:58 P.M. for the purpose of discussing labor negotiations Seconded by Gray ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 CITY COUNCIL PRESIDENT GERNANDT STATED THAT THE CITY COUNCIL IS GOING INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LABOR NEGOTIATIONS ONLY - 31 - CCID # 470 – Motion by Jerram to come out of Executive Session at 4:24 P.M. Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 CITY COUNCIL PRESIDENT GERNANDT STATED THAT WHILE IN EXECUTIVE SESSION THE CITY COUNCIL DISCUSSED LABOR NEGOTIATIONS ONLY Motion by Gray that the meeting be adjourned Seconded by Festersen ROLL CALL: Yeas: Jerram, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 6-0 ADJOURNED: 4:25 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 April 13th, 2010. WITNESS: ______________________________ ________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 15th DAY OF APRIL 2010.