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2009-06-30j20th REGULAR OMAHA CITY COUNCIL MEETING JUNE 30, 2009 THE CITY COUNCIL met in Regular Session on Tuesday, June 30, 2009 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 # 707 – Present: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President 2. Pledge of Allegiance. 3. Invocation by Council President 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 June 26, 2009, notice re: Pre-Council and Regular City Council Meetings, June 30, 2009. CCID # 708 – 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 - RESOLUTION 5. Res. that the Elkhorn Legion Field within Ta Ha Zuka Park, located at 20919 Elkhorn Drive, Omaha, Nebraska, be renamed “Frerichs Legion Field” in honor of Jerry Frerichs – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Kevin Giesselmann, President, Elkhorn Legion Baseball Association, appeared and spoke. Motion by Thompson that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 709 – ADOPTED 7-0 ZONING ORDINANCES ON FINAL READING and Planning Board Attachments 6. Ord. to rezone property located Northwest of 207th and “Q” Streets from AG-Agricultural District to R6-Low-Density Multiple-Family Residential District. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 638 – June 16 and June 23 Meetings) Notice of public hearing on June 30, 2009 published in the Daily Record on June 19, 2009. Ordinance passed on June 30, 2009 published in the Daily Record on July 8, 2009. Larry Jobeun, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. CCID # 638 - Motion by Thompson that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38451 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request to rezone property located Northwest of 207th and “Q” Streets from AG to R6 – see attached. (See Doc. # 638 – June 16 Meeting) # 638 – From Chair on File - 3 - 7. Ord. to approve a Planned Unit Development Overlay District located northwest of 207th & “Q” Streets, and to provide for an effective date – see attached. ((PUBLIC HEARING TODAY – CAN BE PASSED TODAY)) (See Doc. # 639 – June 16 and June 23 Meetings) Notice of public hearing on June 30, 2009 published in the Daily Record on June 19, 2009. Ordinance passed on June 30, 2009 published in the Daily Record on July 8, 2009. Larry Jobeun, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. CCID # 639 - Motion by Thompson that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38452 PASSED 7-0 (a) Planning Board and Planning Department recommend approval of a request for a Planned Unit Development Overlay District located northwest of 207th & “Q” Streets – see attached. (See Doc. # 639 – June 16 Meeting) # 639 – From Chair on File 8. Res. that the plat entitled KENSINGTON PARK located Northwest of 207th and “Q” Streets is hereby approved and accepted – Outside City – over from 06/16/09 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 640 – June 16 Meeting) Larry Jobeun, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. Motion by Thompson that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 640 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the final plat of KENSINGTON PARK (Phase I) located Northwest of 207th and “Q” Streets – Outside City – over from 06/16/09 – see attached. # 640 – From Chair on File - 4 - 9. Res. that the Subdivision Agreement between the City of Omaha and Stone Creek Plaza, LLC, as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Kensington Park (Lots 1 and 2) and is located northwest of 207th & Q Streets – over from 06/16/09 – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 641 – June 16 Meeting) Larry Jobeun, Fullenkamp, Doyle and Jobeun, 11440 West Center Road, appeared and spoke. Resolution read Motion by Thompson that the Resolution be adopted as amended Seconded by Gernandt ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 641 – ADOPTED AS AMENDED 7-0 (a) Amendment requested by the City Clerk – see attached. # 641 – Motion by Thompson that the Amendment be approved Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 RESOLUTIONS RE: PRELIMINARY PLATS, PLATS AND SUBDIVISION AGREEMENT 10. Res. that the preliminary plat entitled OPEN DOOR MISSION ADDITION, located Southwest of 23rd Street East and East Locust Street, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 06/16/09 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 625 – June 16 Meeting) Motion by Festersen that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 625 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of OPEN DOOR MISSION ADDITION, located - 5 - Southwest of 23rd Street East and East Locust Street – Inside City – over from 06/16/09 – see attached. (See Doc. # 625 – June 16 Meeting) # 625 – From Chair on File 11. Res. that the preliminary plat entitled OMAHA WORKS INDUSTRIAL PARK REPLAT SEVEN, located Northwest of 120th and “I” Streets, along with the attached conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized – Inside City – over from 06/16/09 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 626 – June 16 Meeting) Jeff Elliott, E & A Consulting Group, Inc., appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 626 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Preliminary Plat of OMAHA WORKS INDUSTRIAL PARK REPLAT SEVEN, located Northwest of 120th and “I” Streets – Inside City – over from 06/16/09 – see attached. (See Doc. # 626 – June 16 Meeting) # 626 – From Chair on File 12. Res. that the replat transmitted herewith entitled OMAHA WORKS INDUSTRIAL PARK REPLAT SEVEN, located Northwest of 120th and “I” Streets, is hereby approved, and concurrently a portion of the existing plat entitled Omaha Works Industrial Park Replat Five, and described on said replat, is hereby vacated – Inside City – over from 06/16/09 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 627 – June 16 Meeting) Jeff Elliott, E & A Consulting Group, Inc., appeared and spoke. Motion by Gray that the Resolution be adopted Seconded by Festersen - 6 - ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 627 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of the Final Plat of OMAHA WORKS INDUSTRIAL PARK REPLAT SEVEN, located Northwest of 120th and “I” Streets – Inside City – over from 06/16/09 – see attached. (See Doc. # 627 – June 16 Meeting) # 627 – From Chair on File “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JULY 7, 2009 AGENDA ITEM NO. 13 SHALL BE LAID OVER THREE WEEKS TO JULY 21, 2009 FOR PUBLICATION AND PUBLIC HEARING” 13. Res. that the plat entitled THE WILDS (Lots 1-17 and Outlots A-E) located west of approximately 48th Street and Mormon Bridge Road, is hereby approved and accepted – see attached. Notice of public hearing on July 21, 2009 published in the Daily Record on July 3, 2009. CCID # 684 – Over three weeks to July 21, 2009 for publication and public hearing pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the Final Plat of THE WILDS (Lots 1-17 and Outlot A-E) located west of approximately 48th Street and Mormon Bridge Road – Inside City – see attached. # 684 – Over to 07/21/09 * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JULY 7, 2009 - 7 - AGENDA ITEM NO. 14 SHALL BE LAID OVER THREE WEEKS TO JULY 21, 2009” 14. Res. that the Subdivision Agreement between the City of Omaha and Mormon Road Housing, LLC, as recommended by the Mayor, providing for the public improvements, is hereby approved. The Subdivision is to be known as The Wilds (Lots 1-17 and Outlots A-E) and is located west of approximately 48th Street and Mormon Bridge Road – see attached. CCID # 685 – Over three weeks to July 21, 2009 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * LIQUOR 15. ABCO Corporation, dba “Mr. Toad”, 1002-04 Howard Street, requests permission for an addition to their present Class “C” Liquor License location of an irregular shaped beer garden approximately 24’ x 9’ to the east. Property posted: 06/18/09. Notification sent: 06/19/09 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Tim Abariotes, President, ABCO Corporation, appeared and spoke. CCID # 702 – Motion by Festersen that the request be approved with a waiver of the beer garden fence requirement Seconded by Jerram ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 (a) ABCO Corporation, dba “Mr. Toad”, 1002-04 Howard Street, requests permission for a waiver of the beer garden fence requirement to their present Class “C” Liquor License location, re: irregular shaped beer garden approximately 24’ x 9’ to the east – see attached. # 702 – From Chair on File 16. JJRK, LLC, dba “The Sydney”, 5918 Maple Street, requests permission for an addition to their present Class “C” Liquor License location of an irregular shaped - 8 - beer garden approximately 16’ x 20’ to the north. Property posted: 06/16/09. Notification sent: 06/19/09 – see attached. ((PUBLIC HEARING TODAY – MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Jim Pettid, Owner, JJRK, LLC, appeared and spoke. CCID # 703 – Motion by Festersen that the request be approved contingent upon their compliance with the City of Omaha Planning Department and proper permits obtained Seconded by Stothert ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communication from Jay G. Davis, Chief Building Inspector, Permits & Inspection Division, requesting a lay over until such time as compliance is met with the Planning Department and permits are obtained and final inspections completed re: JJRK, LLC, dba “The Sydney”, 5918 Maple Street, for an addition to their present Class “C” Liquor License location – see attached. # 703 – From Chair on File 17. Blue Sushi, LLC, dba “Red Lounge”, 14450 Eagle Run Drive, Suite 200, requests permission for a Special Designated License for a beer garden on July 23-25, 2009 from 3:00 p.m. to 1:00 a.m. – see attached. ((PUBLIC HEARING TODAY - MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Nick Hogan, 14816 Iowa Circle, Bennington, Nebraska, appeared and spoke. CCID # 706 – Motion by Sigerson that the request be approved Seconded by Thompson ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communications re: Special Designated Liquor License application for Blue Sushi, LLC, dba “Red Lounge”, 14450 Eagle Run Drive, Suite 200 for a beer garden on July 23-25, 2009 from 3:00 p.m. to 1:00 a.m. – see attached. # 706 – From Chair on File CONSENT AGENDA - 9 - (Any member of the City Council may cause any item placed on the Consent Agenda to be removed there from. Items removed from the Consent Agenda shall be taken up by the City Council immediately following the Consent Agenda in the order in which they were removed unless otherwise taken out of order as otherwise provided by the City Council Rules of Order.) (The public hearings on Agenda Item Nos. 18 through 21 were held on June 23, 2009). (The public hearings on Agenda Item Nos. 22 through 35 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 – ORDINANCES ORDINANCES 18. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant properties located at 1530 North 17th Street and legally described on Attachment “A”, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2009 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Clifford P. Flanagan, 3600 South 76th Street, Lincoln, NE 68506, to acquire the property for the sum of One and No/100 Dollars ($1.00) is approved; project costs will be paid from FY 2009 HOME Match Funds, Fund 11111, Organization 109023; and to provide the effective date hereof – see attached. (See Doc. # 643 – June 16 and June 23 Meetings) Notice of public hearing on June 23, 2009 published in the Daily Record on June 19, 2009. Ordinance passed June 30, 2009 published in the Daily Record on July 8, 2009. CCID # 643 – Motion by Sigerson that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38453 PASSED 7-0 19. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant properties located at 2551 Ames Avenue - 10 - and legally described on Attachment “A”, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2009 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and R. L. Kerrigan, 9824 Redman Avenue, Omaha, NE 68134, to acquire the property for the sum of One and No/100 Dollars ($1.00) is approved; project costs will be paid from FY 2009 HOME Match Funds, Fund 11111, Organization 109023; and to provide the effective date hereof – see attached. (See Doc. # 644 – June 16 and June 23 Meetings) Notice of public hearing on June 23, 2009 published in the Daily Record on June 19, 2009. Ordinance passed June 30, 2009 published in the Daily Record on July 8, 2009. CCID # 644 – Motion by Sigerson that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38454 PASSED 7-0 20. Ord. declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant properties located at 2530 Burdette Street and legally described on Attachment “A”, for subsequent use as a site for implementing the Consolidated Submission for Community Planning and Development Programs FY 2009 Action Plan; provided that as to each specified parcel, proceedings in eminent domain may be undertaken and completed for the purposes of clearing title; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the attached Agreement between the City of Omaha and Sloan Family Trust, P. O. Box 1467, Paso Robles, CA 93447- 1407, to acquire the property for the sum of One and No/100 Dollars ($1.00) is approved; project costs will be paid from FY 2009 HOME Match Funds, Fund 11111, Organization 109023; and to provide the effective date hereof – see attached. (See Doc. # 645 – June 16 and June 23 Meetings) Notice of public hearing on June 23, 2009 published in the Daily Record on June 19, 2009. Ordinance passed June 30, 2009 published in the Daily Record on July 8, 2009. CCID # 645 – Motion by Sigerson that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38455 PASSED 7-0 - 11 - 21. Ord. to accept the donation of Village Green, Lot 2, from Village Green Townhouse, Inc., and approve the warranty deed; to approve an Amendment to the Management Agreement between the City of Omaha and Omaha Botanical Center, Inc., for development and operation of Lauritzen Gardens to add Village Green, Lot 2, for use in the development and operation of such Gardens; and to provide an effective date – see attached. (See Doc. # 646 – June 16 and June 23 Meetings) Notice of public hearing on June 23, 2009 published in the Daily Record on June 19, 2009. Ordinance passed June 30, 2009 published in the Daily Record on July 8, 2009. CCID # 646 – Motion by Sigerson that the Ordinance be passed Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38456 PASSED 7-0 ((MOTION NEEDED THAT THE ORDINANCES ON THE CONSENT AGENDA BE PASSED)) * * * * * * * * * * * * * * CONSENT AGENDA – RESOLUTIONS RESOLUTIONS 22. Res. that, as recommended by the Mayor, the contract with Hawkins Construction Co. for OPW 51031, being Papillion Creek Interceptor Sewer Crossing Rehabilitation/Replacement at various locations in the amount of $1,140,845.80 is hereby approved; and that the Finance Department is authorized to pay the cost of OPW 51031 from the Sewer Revenue Improvement Fund 21124, Sanitary Sewer Improvement – Neighborhood Sewer Renovation Organization 116911, year 2009 expenditures – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 691 – ADOPTED 7-0 - 12 - 23. Res. that, as recommended by the Mayor, Amendment No. 3 to the Engineering Agreement with HDR Engineering, Inc, adopted by Council Resolution No. 821 on June 17, 2008, to provide additional professional design services for Downtown way finding coordination, Pinnacle Lot related design, 12th Street sewer alternatives and other elements by the Qwest Center, is hereby approved; and that the Finance Department is authorized to pay the additional fee of $67,447.00 for these engineering services from the Downtown Stadium Fund 13418, Downtown Stadium Organization 131606, year 2009 expenditure – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 690 – ADOPTED 7-0 24. Res. that, as recommended by the Mayor, the Engineering Services Agreement with HWS Consulting Group for preliminary engineering, environmental assessment services, geotechnical engineering, drainageway analysis and other services for the Reconstruction of 156th Street from Pepperwood Drive to Corby Street is hereby approved; and that the Finance Department is authorized to pay $545,521.15 for these engineering services from the 2006 Transportation Bond Fund 13182, 2008 Issue Transportation Bond Organization 117113 with 80% of this cost being reimbursable from NDOR according to the Program Agreement for this Project approved by the City Council on March 3, 2009 by Resolution No.190 – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 692 – ADOPTED 7-0 25. Res. that the attached Grant Agreement, as recommended by the Mayor, to provide a Nebraska Affordable Housing Trust Fund Grant in the amount of $21,500.00, and a Community Development Block Grant (CDBG) in the amount of $6,706.00, for a total of $28,206.00 for the rehabilitation and lead reduction work at the property owned and occupied by Charlean Clark located at 1813 North 38th Street, Omaha, Nebraska 68111 is hereby approved. The contract is to be awarded to G & J Enterprises, Inc. Funds in the amount of $21,500.00 shall be paid from the Nebraska Affordable Housing Trust Fund Program, Grant Award No. 07-TFHO-7087, Fund No. 12141, Organization No. 128112, and $6,706.00 shall be paid from the North NRSA CDBG Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 – see attached. - 13 - Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 704 – ADOPTED 7-0 26. Res. that the attached Grant Agreement, as recommended by the Mayor, to provide a Nebraska Affordable Housing Trust Fund Grant in the amount of $21,500.00, and a Community Development Block Grant (CDBG) in the amount of $5,387.00, for a total of $26,887.00 for the rehabilitation and lead reduction work at the property owned by Patricia Ann Clark and Annie L. Clark in which Patricia Ann Clark is the Attorney-in-Fact for Annie L. Clark, and occupied by Patricia Ann Clark located at 3812 Parker Street, Omaha, Nebraska 68111 is hereby approved. The contract is to be awarded to Lamb's Remodeling, Tom Lamb, Owner. Funds in the amount of $21,500.00 shall be paid from the Nebraska Affordable Housing Trust Fund Program, Grant Award No. 07-TFHO- 7087, Fund No. 12141, Organization No. 128112, and $5,387.00 shall be paid from the North NRSA CDBG Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 688 – ADOPTED 7-0 27. Res. that the attached Grant Agreement, as recommended by the Mayor, to provide a Lead-Based Paint Hazard Control Grant in the amount of $5,577.00, a Nebraska Affordable Housing Trust Fund Grant in the amount of $21,500.00, and a Community Development Block Grant (CDBG) in the amount of $2,773.00, for a total of $29,850.00 for the rehabilitation and lead reduction work at the property owned and occupied by Suzanne H. Irwin located at 3832 Decatur Street, Omaha, Nebraska 68111 is hereby approved. The contract is to be awarded to Goly Young. Funds in the amount of $5,577.00 shall be paid from the Lead- Based Paint Hazard Control Program, Fund No. 12136, Organization No. 128104, $21,500.00 shall be paid from the Nebraska Affordable Housing Trust Fund Program, Grant Award No. 07-TFHO-7087, Fund No. 12141, Organization No. 128112, and $2,773.00 shall be paid from the North NRSA CDBG Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 686 – ADOPTED 7-0 - 14 - 28. Res. that the attached agreement, as recommended by the Mayor, to provide a Target Area Special Needs Grant in the amount of $28,067.00 and a Lead-Based Paint Hazard Control Grant in the amount of $1,000.00 for a total of $29,067.00 for the lead hazard control work at the property owned and occupied by Mats L. Liden and Heidi M. Liden at 3719 Mason Street, Omaha, Nebraska 68105, through the Target Area Program Special Needs Program and the Lead-Based Paint Hazard Control Program is hereby approved. The contract is to be awarded to G. B. Environmental Services, LLC, Gary B. Jenkins, Sole Member of the LLC. Funds in the amount of $28,607.00 shall be paid from FY 2009, CDBG Single-Family Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114, and $1,000.00 shall be paid from the Lead-Based Paint Hazard Control Program, Fund No. 12136, Organization No. 128018 – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 687 – ADOPTED 7-0 29. Res. that the attached Grant Agreement, as recommended by the Mayor, to provide a Nebraska Affordable Housing Trust Fund Grant in the amount of $21,500.00, and a Community Development Block Grant (CDBG) in the amount of $10,068.00, for a total of $31,568.00 for the rehabilitation and lead reduction work at the property owned and occupied by Sandra Turnbo located at 3858 Seward Street, Omaha, Nebraska 68111 is hereby approved. The contract is to be awarded to G. B. Environmental Services, LLC. Funds in the amount of $21,500.00 shall be paid from the Nebraska Affordable Housing Trust Fund Program, Grant Award No. 07-TFHO-7087, Fund No. 12141, Organization No. 128112, and $10,068.00 shall be paid from the North NRSA CDBG Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 689 – ADOPTED 7-0 - 15 - AGENDA ITEM NOS. 30 AND 31 REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCILMEMBER STOTHERT 30. Res. that, as recommended by the Mayor, the bid in the total amount of $159,900.00, from All Purpose Utilities, to furnish all labor, materials, and equipment necessary for improvements at Lake Cunningham, 8660 Lake Cunningham Road, Omaha, Nebraska, to include but not be limited to the construction of a bathhouse building to include showers and restrooms for the Parks, Recreation and Public Property Department is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the Parks and Recreation Bond Fund No. 13354, Organization No. 117314, and Activity/Project No. 2191, Cunningham Lake Rehab – see attached. Steve Scarpello, Acting Parks, Recreation and Public Property Director, appeared and spoke. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Thompson, Festersen, Gray, Jerram, Mr. President Nay: Stothert Res # 694 – ADOPTED 6-1 31. Res. that, as recommended by the Mayor, the bid in the total amount of $326,300.00 (which includes Alternate No. 2 in the amount of $26,500.00 to pave parking stalls) from Ronco Construction Co., to furnish all labor, materials, and equipment necessary for improvements at Lake Cunningham, 8660 Lake Cunningham Road, Omaha, Nebraska, to include but not be limited to an access road, parking, walks, decorative lighthouse installation and landscaping for the Parks, Recreation and Public Property Department is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2006 Parks and Recreation Fund No. 13354, Organization No. 117314, and Activity/Project No. 2191, Cunningham Lake Rehab – see attached. Steve Scarpello, Acting Parks, Recreation and Public Property Director, appeared and spoke. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Thompson, Festersen, Gray, Jerram, Mr. President Nay: Stothert Res # 701 – ADOPTED 6-1 - 16 - 32. Res. that the appointment by Honorable Jim Suttle, Mayor of the City of Omaha, of Ben Gray for the remainder of a term while he is a serving Councilmember through June 21, 2010, or until his successor shall be appointed and take office, on the Board of Commissioners of the Omaha/Douglas Public Building Commission, is hereby approved and confirmed. The City Clerk of the City of Omaha shall file a certified copy of this Resolution with the Secretary of State of the State of Nebraska, with the County Clerk of Douglas County, Nebraska, and with the said Omaha/Douglas Public Building Commission – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 697 – ADOPTED 7-0 33. Res. that the appointment by the Honorable Jim Suttle, Mayor of the City of Omaha, of Jean Stothert for a term while she is serving as Councilmember through August 1, 2013, or until her successor shall be appointed and take office, on the Board of Commissioners of the Omaha/Douglas Public Building Commission is hereby approved and confirmed. Such term shall begin upon confirmation. The City Clerk of the City of Omaha shall file a certified copy of the Resolution with the Secretary of State of the State of Nebraska, with the County Clerk of Douglas County, Nebraska, and with the said Omaha/Douglas Public Building Commission – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 698 – ADOPTED 7-0 34. Res. that Ms. Toba Cohen-Dunning is hereby re-appointed to serve as the City Council District No. 1 representative on the City of Omaha Cable Television Advisory Committee for a three-year term commencing July 27, 2009, and expiring July 26, 2012 – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 696 – ADOPTED 7-0 - 17 - 35. Res. that Mr. John Fullerton is hereby reappointed to serve as the City Council District No. 7 representative in the City of Omaha Cable Television Advisory Committee for a three-year term commencing July 24, 2009, and expiring July 23, 2012 – see attached. Motion by Sigerson that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 705 – ADOPTED 7-0 ((MOTION NEEDED THAT THE RESOLUTIONS ON THE CONSENT AGENDA BE ADOPTED)) * * * * * * * * * * * * * ORDINANCE ON FINAL READING 36. Ord. to amend Chapter 41 of the Omaha Municipal Code; to amend Section 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 August 18, 2008 and May 17, 2009, and accepting therefrom certain prior changes dealing with definitions, enforcement, certain deletions; to amend Section 41-38 dealing with the collection of Air Quality fees; to amend Section 41-39 dealing with the establishment of Air Quality fees; and to repeal Sections 41-2, 41-38 and 41-39 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. # 642 – June 16 and June 23 Meetings) Notice of public hearing on June 23, 2009 published in the Daily Record on June 19, 2009. Ordinance passed June 30, 2009 published in the Daily Record on July 8, 2009. CCID # 642 – Motion by Sigerson that the Ordinance be passed Seconded by Stothert ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President ORDINANCE # 38457 PASSED 7-0 - 18 - 37. Res. that, as recommended by the Mayor, the attached rate structure of June 2009 permitting Omaha’s Air Quality Control (OAQC) 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)) Motion by Sigerson that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 693 – ADOPTED 7-0 RESOLUTIONS 38. Res. that the Lot 9, LLC TIF Redevelopment Project Plan for the acquisition and development of a section of Lot 9 Union Pacific Place located at 13th and Cuming Streets as 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 City Planning Department, be and hereby is approved – over from 06/09/09 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 589 – June 9 Meeting) CCID # 589 – Motion by Gray that the Resolution be laid over two weeks to July 14, 2009 and continue the public hearing Seconded by Thompson ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 (a) Communication from Ken Johnson, Planning Department, requesting that the Resolution be laid over 2 weeks to July 14, 2009 and continue the public hearing, re: Lot 9, LLC TIF Redevelopment Project Plan – see attached. # 589 – From Chair on File - 19 - 39. Res. that the Purchasing Agent is authorized to issue a purchase order, as professional service, for the renewal of the annual software maintenance agreement, to BIO-key International in the amount of $74,952.00, to provide software maintenance for the Omaha Police Department’s Mobile Data Computer project from July 1, 2009 to June 30, 2010; and that the Finance Department of the City of Omaha is authorized to pay the cost of the software maintenance from the Omaha Police Department Year 2009, General Fund 11111, Organization 113213 Information Technology, Account 42411 Maintenance Contracts – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Jerram that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 695 – ADOPTED 7-0 40. Res. that the application of Marie Losole for a lease of City property adjacent to 3020 S 32 Avenue, Omaha, Nebraska for purposes of an outdoor eating or drinking area and fence, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Jerram that the Resolution be adopted Seconded by Festersen ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 710 – ADOPTED 7-0 41. Res. that, the application of Thomas Nolan for a lease of City property adjacent to 6135 Military Avenue, Omaha, Nebraska for purposes of an outdoor eating or drinking area and fence, as described on the application, be and hereby is approved, contingent upon continued compliance with all requirements made and provided by law; and the Finance Department is directed to issue a billing statement and a lease form to the applicant for execution and return – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) Motion by Festersen that the Resolution be adopted Seconded by Stothert ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 711 – ADOPTED 7-0 - 20 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JULY 7, 2009 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 42 THROUGH 47 SHALL BE HELD ON JULY 14, 2009” ZONING ORDINANCES ON SECOND READING 42. Ord. to rezone property located Northeast of 144th and Ida Streets from AG-Agricultural District to DR-Development Reserve District. CCID # 666 – ORDINANCE ON SECOND READING – Final reading to be held on July 14, 2009 pursuant to City Council Rule VII H. 43. Ord. to rezone property located Northeast of 144th and Ida Streets from AG-Agricultural District to R4-Single Family Residential District (High Density). CCID # 667 – ORDINANCE ON SECOND READING – Final reading to be held on July 14, 2009 pursuant to City Council Rule VII H. 44. Ord. to rezone property located Northeast of 144th and Ida Streets from AG-Agricultural District to R5-Urban Family Residential District. CCID # 668 – ORDINANCE ON SECOND READING – Final reading to be held on July 14, 2009 pursuant to City Council Rule VII H. 45. Ord. to rezone property located Northeast of 144th and Ida Streets from AG-Agricultural District to R6-Low Density Multiple Family Residential District. CCID # 669 – ORDINANCE ON SECOND READING – Final reading to be held on July 14, 2009 pursuant to City Council Rule VII H. 46. Ord. to rezone property located Northwest of H.W.S. Cleveland Boulevard and Hanover Drive; from AG-Agricultural District to DR-Development Reserve District. CCID # 678 – ORDINANCE ON SECOND READING – Final reading to be held on July 14, 2009 pursuant to City Council Rule VII H. - 21 - 47. Ord. to rezone property located Northwest of H.W.S. Cleveland Boulevard and Hanover Drive; from AG-Agricultural District to R4-Single Family Residential District (High-Density). CCID # 677 – ORDINANCE ON SECOND READING – Final reading to be held on July 14, 2009 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JULY 7, 2009 THE THIRD READING ON AGENDA ITEM NOS. 48 THROUGH 49 SHALL BE HELD ON JULY 14, 2009” ((THE PUBLIC HEARINGS ON THESE ITEMS ARE TODAY)) ORDINANCES ON SECOND READING 48. Ord. to approve the application for and accept award of the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2009 Edward Byrne Memorial Justice Assistant Grant Program, Application #2009-G8959-NE-DJ in partnership with the County of Douglas in the amount of six hundred forty eight thousand eight hundred sixty five dollars ($648,865) for Law Enforcement Programs, Prevention and Education Programs and Planning, Evaluation and Technology Improvement during the period of October 1, 2009 to September 30, 2013; to provide the Council an opportunity for review and public comment for such application; and upon award of such grant 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. ((PUBLIC HEARING TODAY)) CCID # 676 – Public hearing was held today – Final reading set for July 14, 2009 pursuant to City Council Rule VII H. 49. Ord. to amend Division 4, entitled “Civil Rights Compliance,” of Chapter 10 of the Omaha Municipal Code; to repeal sections 10-190, 10-191, 10-191.1, 10-191.2, 10-192, 10-193, 10-194, 10-195, 10-196, 10-197, 10-198, 10-199, 10-200, 10-200.1, 10-200.2, 10-200.3, and 10-200.4 as heretofore existing; and to provide the effective date thereof – see attached. ((PUBLIC HEARING TODAY)) - 22 - THE FOLLOWING PERSONS APPEARED AND SPOKE: Opponents: Erven McSwain, Human Rights and Relations Department Terri Crawford, 319 South 17th Street, Ste. 740 Jackie McCullough, Executive Director, American Council of Engineering Companies of Nebraska, 301 South 13th Street, No. 101, Lincoln, Nebraska Frances Mendenhall, 3719 Hamilton Street Thomas Warren, President/CEO, Urban League of Nebraska, 3040 Lake Street Willie Barney, Empowerment Network, 2221 North 24th Street Lance Morgan, 14720 Crown Point Avenue For the City: Paul Kratz, City Attorney Warren Weaver, City Council Chief of Staff Gail Kinsey Thompson, Human Rights and Relations Michelle Peters, Law Department CCID # 680 – Motion by Jerram to lay over the third reading six weeks to August 11, 2009 and re-open the public hearing Seconded by Gray Motion by Jerram to AMEND THE MOTION to lay over the third reading eleven weeks to September 15, 2009 and re-open the public hearing Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Nay: Sigerson Motion Carried 6-1 Motion by Jerram approved as amended to lay over the third reading eleven weeks to September 15, 2009 and re-open the public hearing Seconded by Gray ROLL CALL: Yeas: Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Nay: Sigerson Motion Carried 6-1 * * * * * * * * * * * * * * - 23 - DOUGLAS COUNTY ELECTION COMMISSIONER 50. Douglas County Election Commissioner transmits the invoice for the City of Omaha’s Primary Election costs of April 7, 2009 – see attached. ((MOTION NEEDED TO RECEIVE AND REFER TO THE FINANCE DEPARTMENT)) CCID # 683 – Motion by Jerram to receive and refer to the Finance Department Seconded by Gernandt ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Motion Carried 7-0 SPECIAL USE PERMIT – INDOOR SPORTS AND RECREATION 51. Res. that the application submitted by Sportscenter Properties, LLC for a major amendment to a Special Use Permit to allow Indoor Sports and Recreation in a GI-General Industrial District, located Northwest of 120th and “I” Streets, 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 major amendment 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 06/16/09 for publication and Public Hearing – had publication – see attached. ((PUBLIC HEARING TODAY – CAN BE ADOPTED TODAY)) (See Doc. # 628 – June 16 Meeting) Jeff Elliott, E & A Consulting Group, Inc., appeared and spoke. Motion by Thompson that the Resolution be adopted Seconded by Gray ROLL CALL: Yeas: Sigerson, Stothert, Thompson, Festersen, Gray, Jerram, Mr. President Res # 628 – ADOPTED 7-0 (a) Planning Board and Planning Department recommend approval of a Major Amendment to a Special Use Permit to allow Indoor Sports and Recreation in a GI-General Industrial District located Northwest of 120th and “I” Streets – over from 06/16/09 – see attached. (See Doc. # 628 – June 16 Meeting) # 628 – From Chair on File - 24 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JULY 7, 2009 THE THIRD READING AND PUBLIC HEARINGS ON AGENDA ITEM NOS. 52 THROUGH 53 SHALL BE HELD ON JULY 21, 2009” ZONING ORDINANCES ON FIRST READING and Planning Board Attachments 52. Ord. to rezone property located west of approximately 48th Street and Mormon Bridge Road from DR-Development Reserve District to DR-Development Reserve District, portions of which property lie within the North Hills Environmental Overlay District and the flood fringe. CCID # 699 – Publication to be made and public hearing and third reading to be held on July 21, 2009 pursuant to City Council Rule VII H. 53. Ord. to rezone property located west of approximately 48th Street and Mormon Bridge Road from DR-Development Reserve District to R4-Single Family Residential District (High Density), portions of which property lie within the North Hills Environmental Overlay District and the flood fringe. CCID # 700 – Publication to be made and public hearing and third reading to be held on July 21, 2009 pursuant to City Council Rule VII H. (a) Planning Board and Planning Department recommend approval of the request to rezone property located west of approximately 48th Street and Mormon Bridge Road from DR-Development Reserve District to DR-Development Reserve District and R4-Single Family Residential District (High Density), portions of which property lie within the North Hills Environmental Overlay District and the flood fringe – see attached. # 700 – Over to 07/21/09 * * * * * * * * * * * * * * - 25 - “PURSUANT TO CITY COUNCIL RULE VII H DUE TO NO MEETING BEING HELD JULY 7, 2009 THE SECOND READING AND PUBLIC HEARING ON AGENDA ITEM NO. 54 SHALL BE HELD ON JULY 14, 2009” ORDINANCE ON FIRST READING 54. Ord. to amend Sections 25-20, 25-21, 25-22, 25-23, 25-24, 25-25. 25-26, 25-27, 25-29, 25-30 and 25-31 of the Omaha Municipal Code, dealing with the registration, forms, fees, and methods for alarms so that it applies to fire alarms as described; to provide that the application for alarm registration and payment of fees therefor shall be made to an official City alarm registration contractor; to provide for repealing Sections 25-20, 25-21, 25-22, 25-23, 25-24, 25-25, 25-26, 25-27, 25-29, 25-30 and 25-31 of the Omaha Municipal Code as heretofore existing; and providing for the effective date hereof – see attached. CCID # 712 – Publication to be made and public hearing to be held on July 14, 2009 pursuant to City Council Rule VII H. * * * * * * * * * * * * * * EXECUTIVE SESSION 55. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. - 26 - SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR JUNE 30, 2009 LEGISLATIVE CHAMBERS - 2:00 P.M. - PREPARED ~ AT 1:00 P.M. “PURSUANT TO CITY COUNCIL RULE VII E AGENDA ITEM NO. 56 SHALL BE LAID OVER TWO WEEKS FOR PUBLICATION AND PUBLIC HEARING” ADDITIONAL RESOLUTION 56. Res. that, the eligible recovery zone for Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment Act of 2009 shall be and hereby is the same area previously designated by the City as blighted and substandard pursuant to Nebraska’s Community Development Law – see attached. Notice of public hearing on July 14, 2009 published in the Daily Record on July 3, 2009. CCID # 713 – Over two weeks to July 14, 2009 for publication and public hearing pursuant to City Council Rule VII E. Motion by Gray that the meeting be adjourned Seconded by Festersen ROLL CALL: Yeas: Jerram, Sigerson, Stothert, Thompson, Festersen, Gray, Mr. President Motion Carried 7-0 ADJOURNED: 3:40 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 June 30th, 2009. WITNESS: ______________________________ ________________________________ CITY CLERK THE PROCEEDINGS OF THIS MEETING WERE PRESENTED TO MAYOR JIM SUTTLE ON THE 2nd DAY OF JULY, 2009.