2021-02-09j
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JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, FEBRUARY 9, 2021
@ 2:00 PM
LEGISLATIVE CHAMBERS,
1819 FARNAM STREET
OMAHA, NEBRASKA
OMAHA CITY COUNCILMEMBERS
Chris Jerram – Council President District 3
Vinny Palermo – Council Vice President District 4
Pete Festersen District 1
Ben Gray District 2
Colleen Brennan District 5
Brinker Harding District 6
Aimee Melton District 7
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THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, February 9,
2021 at 2:00 PM in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska
and was called to Order by Council President Chris Jerram.
CALL TO ORDER
City Clerk Elizabeth Butler took the Roll Call: Present were Councilmembers Brennan,
Festersen, Gray, Harding, Melton, Palermo, Mr. President (Jerram) – CCID # 2021-0124.
CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT
City Clerk Elizabeth Butler certified publication in the Daily Record, the Official Newspaper of
the City of Omaha, on February 5, 2021, notice of the Pre-Council and Regular City Council
Meetings, February 9, 2021 – CCID # 2021-0125.
Ms. Butler stated that a current copy of the Open Meeting Act is posted in a white binder on the
east wall of the Legislative Chambers.
PRESENTATIONS AND PROCLAMATIONS
5. Presentations and Proclamations
A. Report from Douglas County Health Director, Adi Pour – see attached.
PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS
City Clerk Elizabeth Butler stated that Items 6 and 7 relate to the same project and would be
considered together.
(Required notices of public hearings relating to this development were published in the Daily
Record on January 26, 2021.)
HORBACH’S 2ND ADDITION REPLAT 5
6. RES. 2021-0039 – Res. that, the Preliminary Plat entitled Horbach's 2nd Addition Replat
5, a minor plat inside city limits, located at 1804 Paul Street, along with the conditions, is
hereby accepted; and, the preparation of the final plat of this subdivision is hereby
authorized. The applicant is Troy Windels – Inside City Limits – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
7. RES. 2021-0040 – Res. that, the Final Plat transmitted herewith entitled Horbach's 2nd
Addition Replat 5, a minor plat inside city limits, located at 1804 Paul Street, is hereby
approved, and concurrently portions of the existing plat entitled Horbach’s 2nd Addition,
and described on said replat, are hereby vacated. The applicant is Troy Windels – Inside
City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Chris Jerram opened the Public Hearing on Items 6 and 7.
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The following person(s) appeared and spoke:
PROPONENTS:
Natalie Williams, 1700 Farnam Street, Attorney for the developer
No one else came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Harding that the following items be approved:
Item # 6 RESOLUTION # 2021-0039; and, Item # 7 RESOLUTION # 2021-0040;
ROLL CALL VOTE:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
Nays: None
MOTION APPROVED 7-0
PLANNING ORDINANCES ON FINAL READING WITH PLANNING BOARD ATTACHMENTS
(Required notices of public hearings relating to these developments were published in the Daily
Record on January 26, 2021.)
City Clerk Elizabeth Butler stated that Items 8 and 9 relate to the same project and would be
considered together.
8. ORD. 42422 – An ordinance to rezone the property located northeast of Cedar Street
and South 55th Avenue from R4(35) Single-Family Residential District (High Density)
and R6-Low-Density Multiple-Family Residential District to R5-Urban Family Residential
District – (First Reading January 26, 2021; Second Reading February 2, 2021; Third
Reading, Public Hearing and Vote February 9, 2021) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
9. ORD. 42423 – An ordinance to rezone the property located northeast of Cedar Street
and South 55th Avenue from R4(35) Single-Family Residential District (High Density)
and R6-Low-Density Multiple-Family Residential District to R6-Low-Density Multiple-
Family Residential District – (First Reading January 26, 2021; Second Reading
February 2, 2021; Third Reading, Public Hearing and Vote February 9, 2021) – see
attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Chris Jerram opened the Public Hearing on Items 8 and 9.
No one came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Harding that the following items be approved:
Item # 8 ORDINANCE # 42422; and, Item # 9 ORDINANCE # 42423;
ROLL CALL VOTE:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
Nays: None
MOTION APPROVED 7-0
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10. ORD. 42424 – An ordinance to rezone property located at 4117 Charles Street from GI-
General Industrial District to R5-Urban Family Residential District – (First Reading
January 26, 2021; Second Reading February 2, 2021; Third Reading, Public Hearing
and Vote February 9, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Chris Jerram opened the Public Hearing on Item 10.
No one came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Harding that ORDINANCE # 42424 be approved
ROLL CALL:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
Nays: None
MOTION APPROVED 7-0
11. ORD. 42425 – An ordinance to rezone property located southeast of 72nd and Farnam
Streets from GC-General Commercial District to CC-Community Commercial District
(property is located within an ACI-2 Area of Civic Importance Overlay District) – (First
Reading January 26, 2021; Second Reading February 2, 2021; Third Reading, Public
Hearing and Vote February 9, 2021) – see attached. (PUBLIC HEARING AND VOTE
TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
B. Communication in opposition – see attached.
Council President Chris Jerram opened the Public Hearing on Item 11.
The following person(s) appeared and spoke:
PROPONENTS:
Adam Ramaekers, City+Ventures, 222 South 15th Street
OPPONENTS:
Jen Bauer, 5501 Leavenworth Street, President of the Aksarben-Elmwood Park Neighborhood
Association (via Zoom)
FOR THE CITY:
Dave Fanslau, Director, Planning Department
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that ORDINANCE # 42425 be approved
ROLL CALL:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
Nays: None
MOTION APPROVED 7-0
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STREET IMPROVEMENT DISTRICT CREATION ORDINANCE ON FINAL READING
(Required notices of public hearings relating to this development were published in the Daily
Record on January 28, 2021.)
12. ORD. 42426 – An ordinance to create Street Improvement District No. 2020-01, in the
City of Omaha, for the purpose of improving Franklin Street, from North 91st Circle to
North 93rd Street, by grading, curbing, addressing storm sewers and paving in portland
cement concrete; to fix and define the boundaries of said district; to provide for the
determination and assessment of damages, if any, occasioned by reason of change of
grade; to authorize the Public Works Department, barring protest to the contrary in
accordance with OMC 26-65, to complete the associated improvement project – (First
Reading January 26, 2021; Second Reading February 2, 2021; Third Reading, Public
Hearing and Vote February 9, 2021) – see attached. (PUBLIC HEARING AND VOTE
TODAY)
Council President Chris Jerram opened the Public Hearing on Item 12.
The following person(s) appeared and spoke:
PROPONENTS:
Alvin Okereke, 9201 Franklin Street
OPPONENTS:
Allen Conner, 1705 North 92nd Street
No one else came forward, and the public hearing was closed.
MOTION by Festersen, SECOND by Harding that ORDINANCE # 42426 be approved
ROLL CALL:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
Nays: None
MOTION APPROVED 7-0
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LIQUOR
13. RES. 2021-0128 – Class “C” Liquor License Application – Erick’s Bar, LLC, dba “The
Know Where Bar”, 3502 Leavenworth Street, (This is a new application for a new
location). (City Council Liquor Rule 7 -Located 92’ to Leavenworth Park, 3425
Leavenworth Street). Notice was posted on the property on 01-20-2021; Notification
was sent to property owners within 500 feet on 01-29-2021 – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Communications in opposition – see attached.
MOTION by Gray, SECOND by Melton that RESOLUTION # 2021-0128 be postponed to the
February 23, 2021 City Council meeting and that the public hearing be continued.
ROLL CALL:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
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Nays: None
MOTION APPROVED 7-0
Council President Chris Jerram opened the Public Hearing on Item 13.
No one came forward.
14. RES. 2021-0129 – Class “CK” Liquor License Application – Primo’s 2, LLC, dba
“Primo’s”, 5914 Center Street, (This is a new application for a new location). Notice was
posted on the property on 01-20-2021; Notification was sent to property owners within
500 feet on 01-29-2021 – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Communication in support – see attached.
Council President Chris Jerram opened the Public Hearing on Item 14.
The following person(s) appeared and spoke:
PROPONENTS:
Travis Taylor, 2221 South 60th Street (via Zoom)
Barbara Taylor, 2221 South 60th Street (via Zoom)
No one else came forward, and the public hearing was closed.
COUNCILMEMBER GRAY LEFT THE LEGISLATIVE CHAMBERS AT 2:19 P.M.
COUNCILMEMBER GRAY ENTERED THE LEGISLATIVE CHAMBERS AT 2:19 P.M.
MOTION by Palermo, SECOND by Harding that RESOLUTION # 2021-0129 be approved
ROLL CALL:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
Nays: None
MOTION APPROVED 7-0
15. RES. 2021-0130 – Class “I” Liquor License Application – Rednecks, LLC, dba
“Rednecks”, 3421 South 84th Street, (This is a new application for an old location).
Present licensee is Six Shooters, Inc., dba “Rednecks”, who has a Class “C” Liquor
License – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Chris Jerram opened the Public Hearing on Item 15.
The following person(s) appeared and spoke:
PROPONENTS:
Ryan Ricke, 409 South 17th Street, Attorney for the applicant (via Zoom)
No one else came forward, and the public hearing was closed.
MOTION by Gray, SECOND by Harding that RESOLUTION # 2021-0130 be approved
ROLL CALL:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
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Nays: None
MOTION APPROVED 7-0
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CONSENT AGENDA
City Clerk Elizabeth Butler stated that any member of the City Council may cause any item
placed on the Consent Agenda to be removed. 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 provided by the City Council Rules of Order.
Council President Jerram announced that the public hearings on Agenda Items 16 through 23
were held on February 2, 2021.
(Required notices of the public hearings were published in the Daily Record on January 29,
2021.)
CONSENT AGENDA – ORDINANCES
16. ORD. 42427 – An ordinance declaring the necessity of acquiring, for use by the City of
Omaha, the necessary private property for the purpose of constructing 99th and Fort
Street Erosion/Storm Sewer Repair, project identified as OPW 53634; providing that the
City negotiate with the property owners for land acquisitions, permanent easements and
temporary construction easements, providing that if said parcel cannot be obtained by
negotiation, condemnation proceedings be undertaken and completed – (First Reading
January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third
Reading February 9, 2021) – see attached.
17. ORD. 42428 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement for Copperfields, located northeast of 204th and F Streets, to
allow Multi-family Residential to be built on Lot 7 and to waive the requirement in the
Omaha Municipal Code (OMC) that 10% of the development be designated for Office
use, between the City of Omaha and Copperfields, LLC, providing site development
standards – (First Reading January 26, 2021; Second Reading and Public Hearing
February 2, 2021; Third Reading February 9, 2021) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
18. ORD. 42429 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement for The Grove, located northeast of 192nd and Pacific Streets,
to allow Multi-family Residential to be built on Lot 1, Replat 9, and to waive the
requirement in the Omaha Municipal Code (OMC) that 10% of the development be
designated for Office use, between the City of Omaha and Birchwood, providing site
development standards – (First Reading January 26, 2021; Second Reading and Public
Hearing February 2, 2021; Third Reading February 9, 2021) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
19. ORD. 42430 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement for Blondo 108 Business Park, located at 10909 Burdette
Street, to allow a proposed climate controlled storage facility with only internal access on
Lot 10, between the City of Omaha and The Blondo Project, LLC, providing site
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development standards – (First Reading January 26, 2021; Second Reading and Public
Hearing February 2, 2021; Third Reading February 9, 2021) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
20. ORD. 42431 – An ordinance to approve and authorize an Agreement between the City
of Omaha and Industrial/Organization Solutions, Inc. (dba I/O Solutions, IOS) for
services involving the payment of money from appropriations in more than one year in
accordance with Sections 5.16 and 5.17 of the Omaha Home Rule Charter of the City of
Omaha, 1956, as amended; to provide for payment to Industrial/Organization Solutions,
Inc. for completing Police and Fire Department entry level and promotional testing for a
term of three (3) years with the anticipated cost of the testing to be $145,455.00 in year
one, $241,335.00 in year two, and $78,765.00 in year three, with the option of two one-
year extensions (Funds for this Agreement will be paid from the Human Resources
Department, Fund No.11111, Organization No. 105011, Account No. 42235 (Personnel
Testing)) – (First Reading January 26, 2021; Second Reading and Public Hearing
February 2, 2021; Third Reading February 9, 2021) – see attached.
21. ORD. 42432 – An ordinance to accept the bid of Aramark Uniform Services to provide
Linen, Towels (Laundered) for the Omaha Fire Department; the term of the
agreement is for one year at a monthly cost of $2,500.00 for a total annual cost of
$30,000.00 with the City of Omaha having the option to extend the agreement on a
month-to-month basis for up to an additional 24-month period at no increase in cost.
(Funds for the Linen, Towels (Laundered) - OFD are to be paid from the Fire
Department’s budget, Fund 11111 General, Organization 114516 Fire Facilities
Management, Account 42217 Laundry.) – (First Reading January 26, 2021; Second
Reading and Public Hearing February 2, 2021; Third Reading February 9, 2021) – see
attached.
22. ORD. 42433 – An ordinance to amend section 22-123 of Chapter 22 of the Omaha
Municipal Code to modify the provisions relating to restarting the accrual of the
supplemental pension benefit for those converting from a disability pension to a service
retirement pension after they reach 65 where the conversion occurs January 1, 2021 or
later – (First Reading January 26, 2021; Second Reading and Public Hearing February
2, 2021; Third Reading February 9, 2021) – see attached.
23. ORD. 42434 – An ordinance to amend Sections 20-44 and 20-45 of the Omaha
Municipal Code; to clarify vague language and provide a notice requirement before
police make arrests or issue citations – (First Reading January 26, 2021; Second
Reading and Public Hearing February 2, 2021; Third Reading February 9, 2021) – see
attached.
MOTION by Festersen, SECOND by Gray that the following items be approved:
Item # 16 ORDINANCE # 42427; Item # 17 ORDINANCE # 42428;
Item # 18 ORDINANCE # 42429; Item # 19 ORDINANCE # 42430;
Item # 20 ORDINANCE # 42431; Item # 21 ORDINANCE # 42432;
Item # 22 ORDINANCE # 42433; and, Item # 23 ORDINANCE # 42434;
ROLL CALL VOTE:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
Nays: None
MOTION APPROVED 7-0
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Council President Jerram announced that the public hearings on Agenda Items 24 through 54
were today. He asked that anyone that wished to address the City Council regarding these
items please come to the microphone, indicate the Agenda Item Number being addressed, and
to state their name, address, who they represent, and if they were speaking as a proponent or
opponent.
CONSENT AGENDA – RESOLUTIONS
24. RES. 2021-0131 – Liquor License Manager Application – Davidson Hotel Company,
LLC, dba “Kimpton Cottonwood Hotel”, 302 South 36th Street, to appoint Terry L.
Freeman-Hogan manager of their present Class “C” Liquor License Location – see
attached.
25. RES. 2021-0132 – Liquor License Manager Application – Kinseth Hotel Corporation, dba
“Hilton Garden Inn”, 17879 Chicago Street, to appoint Dennis R. Miller, Jr., manager of
their present Class “CK” Liquor License Location – see attached.
26. RES. 2021-0133 – Liquor License Manager Application – J & C, Inc., dba “Danny’s Bar
& Grill”, 2007 North 72nd Street, to appoint Leslie R. Lecolst manager of their present
Class “C” Liquor License Location – see attached.
27. RES. 2021-0134 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Bobcat of Omaha in the amount of $53,670.00
for the purchase of one (1) Skid Loader with attachments, to be utilized by the Traffic
Division. (The Finance Department is authorized to pay the cost of this purchase from
the Street and Highway Allocation Fund 12131, Traffic Engineering Equipment
Organization 116191, year 2021 funding.) – see attached.
28. RES. 2021-0135 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Potters Industries, LLC, in the amount of
$74,580.00, for the purchase of Pavement Marking Beads for the 2021 Season, to be
utilized by the Traffic Maintenance Division of the Public Works Department. (The
Finance Department is authorized to pay the cost of this purchase from the Street and
Highway Allocation Fund 12131, Pavement Markings Organization 116184, year 2021
funding.) – see attached.
29. RES. 2021-0136 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Elliott Equipment Company in the amount of
$652,400.00 for the purchase of two (2) Combination Jet/Vac Bodies, to be utilized by
the Sewer Maintenance Division. (The Finance Department is authorized to pay the cost
of this purchase from the Sewer Revenue Fund 21121, Maintenance Organization
116511, year 2021 funding.) – see attached.
30. RES. 2021-0137 – Res. that, as recommended by the Mayor, the bids with Custom
Concrete Designs, Inc., Charlie’s Excavating, Inc., DPS, LLC, Leeway Trucking, Inc.,
and Sean Negus Construction, LLC, to furnish wheel loaders and snow hauling
equipment services within the City of Omaha for the 2020-2021 winter season, are
hereby accepted. (The Finance Department is authorized to pay the cost from the Street
and Highway Allocation Fund 12131, Snow and Ice Control Organization 116154, year
2021 expenditures.) – see attached.
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31. RES. 2021-0138 – Res. that, as recommended by the Mayor, the contract with L. G.
Roloff Construction Company, Inc., in the total amount of $7,150,454.06, for OPW
53320, being the Papillion Creek North (PCN) 210 Sewer Separation Project, is hereby
approved. (The Finance Department is authorized to pay the cost of $7,150,454.06,
Schedule A, in the amount of $6,962,160.06, from the Sewer Revenue Improvements
Bond Fund 21124, CSO Control Implementation Organization 116918. Sewer Revenue
Bonds will be issued to finance this project, Schedule B, in the amount of $188,294.00,
from the CSO Control Implementation Organization 116918, Transportation Bonds
Organization 117117.) – see attached.
32. RES. 2021-0139 – Res. that, as recommended by the Mayor, the contract with Bayshore
Contractors, LLC, in the amount of $431,235.25, for OPW 54020, being the Concrete
Repair - Various Locations Project, is hereby approved. (The Finance Department is
authorized to pay the cost of $431,235.25, from the 2020 Street Preservation Bond Fund
13191, Transportation Bonds Organization 117117.) – see attached.
33. RES. 2021-0140 – Res. that, as recommended by the Mayor, the contract with Elkhorn
West Construction, Inc., in the amount of $510,000.00, for OPW 53790, being the Fire
Station 33 Sleeping Quarter Improvements - 3232 S 42nd Street, Omaha, NE, 68105
Project, is hereby approved. (The Finance Department is authorized to pay the cost of
$510,000.00, from the 2018 Public Facilities Fund 13247, Fire Capital Organization
114512.) – see attached.
34. RES. 2021-0141 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with HDR Engineering, Inc., in the amount of $206,926.15, to provide
professional construction phase engineering services on OPW 53989, being the 2021
Residential Concrete Pavement Repair, Area 4530 Project (Golfing Green Drive to Q
Street, from Harry Andersen Ave to 120th Street), is hereby approved. (The Finance
Department is authorized to pay a fee not to exceed $206,926.15, from the 2020 Street
Preservation Bond Fund 13191, Transportation Bonds Organization 117117.) – see
attached.
35. RES. 2021-0142 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with JEO Consulting Group, Inc., in the amount of $98,595.00, to provide
professional engineering services on OPW 53598, being the Missouri River - W3/Non-
Potable System Upgrade Project, is hereby approved. (The Finance Department is
authorized to pay a fee not to exceed $98,595.00, from the Sewer Revenue
Improvements Bond Fund 21124, Capital Asset Replacement Program Bond
Organization 116913. Sewer Revenue Bonds will be issued to finance this project.) –
see attached.
36. RES. 2021-0143 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with HDR Engineering, Inc., in the amount of $99,748.00, to provide
professional engineering services on OPW 53837, being the Papio WRRF Digester
Building 900 MCC Upgrade Project, is hereby approved. (The Finance Department is
authorized to pay a fee not to exceed $99,748.00, from the Sewer Revenue
Improvements Bond Fund 21124, Capital Asset Replacement Program Bond
Organization 116913; Sewer Revenue Bonds will be issued to finance this project.) –
see attached.
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37. RES. 2021-0144 – Res. that, the City of Omaha Finance Department is authorized to
reimburse Jeffrey Sobczyk the amount of $2,065.20 in moving expenses to transport his
personal property as is provided by Omaha Municipal Code Section 10-242(e) and the
Finance Department is authorized to make such payments from the Street and Highway
Fund 12131, Org 116182, Account 42118 – see attached.
38. RES. 2021-0145 – Res. that, the amended Agreement, as recommended by the Mayor,
between the City of Omaha and the No More Empty Pots, in the amount of $175,000.00,
for funding of its Emergency Food Job Training Program for the period from March 1,
2020, through December 31, 2021, is hereby approved. (Funds shall be payable from
FY 2019 CDBG-CV No More Empty Pots Food Delivery 2020, Fund No. 12162,
Organization No. 130812, Award No. 100798.) – see attached.
39. RES. 2021-0146 – Res. that, the Agreement, as recommended by the Mayor, between
the City of Omaha and North End Teleservices, LLC, in the total amount of $250,000.00
to provide support for the administration of the Job Creation Services Program due to
the COVID-19 crisis for the period from April 1, 2020 through December 31, 2021, is
hereby approved. (Funds shall be paid from the FY 2019 North End Teleservices, LLC
Support 2020, Fund No. 12162, Organization No. 130812.) – see attached.
40. RES. 2021-0147 – Res. that, the Agreement, as recommended by the Mayor, between
the City of Omaha and OneWorld Community Health Centers, Inc., in the total amount of
$962,463.00 (consisting of $250,000.00 in CDBG-CV funds and $712,463.00 in CDBG
funds), to provide COVID testing, notification and follow-up to low and moderate-income
persons who tested for COVID-19 due to the COVID-19 pandemic for the period from
July 1, 2020 through December 31, 2021, is hereby approved. (Funds shall be paid
from the FY 2019 OneWorld Health 2020, Fund No. 12162, Organization No. 130812
and FY 2019 OneWorld Health Testing, Fund No. 12188, Organization No. 128072.) –
see attached.
41. RES. 2021-0148 – Res. that, the amended Agreement, as recommended by the Mayor,
between the City of Omaha and Metro Area Consortium of Care for the Homeless, in the
total amount of $3,510,184.00 in FY 2019 CDBG-CV1 and CDBG-CV3 funds for the
creation of short-term rental and mortgage assistance for households impacted by the
COVID-19 pandemic; case management to provide connections to other resources to
ensure housing stability; and an eviction pilot project to help prevent housing
displacement, through the MACCH COVID Response Program for the period from
March 1, 2020 through December 31, 2021, is hereby approved. (Funds shall be paid
from the CDBG-CV MACCH Rent and Mortgage Support Program, Fund No. 12162,
Organization No. 130812.) – see attached.
42. RES. 2021-0149 – Res. that, the Agreement, as recommended by the Mayor, between
the City of Omaha and the Institute for Community Alliances, in the amount of
$25,000.00 for the purpose of providing emergency shelter services to homeless
individuals and families for the period from March 6, 2020 through December 31, 2021,
is hereby approved. (Funds shall be paid from the City of Omaha FY 2020 ESG-CV
(HESG), Award No. 100799, Fund No. 12162, Organization No. 130812.) – see
attached.
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43. RES. 2021-0150 – Res. that, as recommended by the Mayor, the Agreement between
the City of Omaha and Holy Name Housing, Inc., to provide $500,000.00 in HOME
Program funds to Holy Name Housing, Inc. for the new construction of twenty-three (23)
Crown row houses, 2-4 bedroom units and 1-2 bedroom unit assisted with HOME funds
to be located at 1420 Villa Rows Court and 3333 Miami Street. Subsequent rental of the
HOME and private funded units by a qualified low- and moderate-income family whose
gross annual household income is at or below 80% of the Median Income by Family Size
(MFI), is hereby approved. (HOME funds in the amount of $500,000.00 shall be paid
from the FY 2019 HOME Holy Name Housing Row Houses Fund No. 12179, Award No.
100683, Project No. 5973, Organization No. 128071 and $7,213,409.00 in private
funds.) – see attached.
44. RES. 2021-0151 – Res. that, as recommended by the Mayor, the payment for the
annual software license renewal for SAFE Cloud Based storage for the Tracker evidence
tracking hardware and software package for the Omaha Police Department
Evidence/Property Unit in the amount of $45,900.00, is hereby approved. (The Finance
Department of the City of Omaha is authorized to pay the cost of the annual software
licensing from the Omaha Police Department Year 2021, General Fund 11111,
Organization 113213 Information Technology, Project 0123, Account 42266 IT
Contracts.) – see attached.
45. RES. 2021-0152 – Res. that, the reappointment by Mayor Stothert of James Kusek as a
member of the Park and Recreation Board to serve a three-year term, commencing on
February 12, 2021 and expiring February 11, 2024, be and hereby is confirmed and
approved – see attached.
46. RES. 2021-0153 – Res. that, the reappointment by Mayor Jean Stothert of Mike
Riedmann to the Board of Directors for the Omaha Municipal Land Bank as a resident of
City Council District 7 and representative of the Chamber of Commerce, said term to
commence February 10, 2021 and expire three years thereafter on February 9, 2024, is
hereby confirmed – see attached.
47. RES. 2021-0154 – Res. that, the reappointment by Mayor Jean Stothert of Michael
Riedmann as the real estate representative member of the Urban Design Review Board
to serve a three-year term, commencing February 10, 2021 and expiring February 9,
2024, be and hereby is confirmed and approved – see attached.
48. RES. 2021-0155 – Res. that, the reappointment by Mayor Jean Stothert of Michael
Naccarato as the structural engineer member on the Building Board of Review, said term
to commence February 20, 2021 and expire three years thereafter on February 19, 2024
is hereby confirmed – see attached.
49. RES. 2021-0156 – Res. that, the reappointment by Mayor Jean Stothert of Ronald
Feuerbach as the mechanical engineer member on the Building Board of Review, said
term to commence on February 20, 2021 and expire three years thereafter on February
19, 2024, is hereby confirmed – see attached.
50. RES. 2021-0157 – Res. that, the reappointment by Mayor Jean Stothert of Thomas
Thibodeau as the electrical engineer member on the Building Board of Review, said term
to commence February 20, 2021 and expire three years thereafter on February 19,
2024, is hereby confirmed – see attached.
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51. RES. 2021-0158 – Res. that, the reappointment by Mayor Jean Stothert of Kent
Therkelsen as the building contractor member on the Building Board of Review, said
term to commence February 20, 2021 and expire three years thereafter on February 19,
2024, is hereby confirmed – see attached.
52. RES. 2021-0159 – Res. that, the appointment by Mayor Jean Stothert of Daniel
Christensen as a master steamfitter member of the Board of Steamfitter and Pipefitter
Examiners, to serve a term commencing February 10, 2021 and expiring October 5,
2021, be and hereby is confirmed and approved – see attached.
53. RES. 2021-0160 – Res. that, the reappointment by Mayor Jean Stothert of Richard
Fiscus to serve a three-year term as a residential contractor member, affiliated with a
union shop, on the Air Conditioning and Air Distribution Board, commencing February
20, 2021 and expiring February 19, 2024, be and hereby is confirmed and approved –
see attached.
54. RES. 2021-0161 – Res. that, the reappointment by the City Council of Susie Buffett to
be a member of the MECA’s Board of Directors to serve a term commencing on May 11,
2021, and running through May 10, 2026, is hereby confirmed – see attached.
A. Communication in opposition – see attached.
Council President Chris Jerram opened the Public Hearing on Items 24 through 54.
The following person(s) appeared and spoke:
PROPONENTS:
Leslie LeColst, 9572 County Road P32, Blair, NE (via Zoom) – Item # 26
FOR THE CITY:
Bill Lukash, Community Development Division-Planning Department – Items # 38 - 43
No one else came forward, and the public hearing was closed.
MOTION by Festersen, SECOND by Gray that the following items be approved:
Item # 24 RESOLUTION # 2021-0131; Item # 25 RESOLUTION # 2021-0132;
Item # 26 RESOLUTION # 2021-0133; Item # 27 RESOLUTION # 2021-0134;
Item # 28 RESOLUTION # 2021-0135; Item # 29 RESOLUTION # 2021-0136;
Item # 30 RESOLUTION # 2021-0137; Item # 31 RESOLUTION # 2021-0138;
Item # 32 RESOLUTION # 2021-0139; Item # 33 RESOLUTION # 2021-0140;
Item # 34 RESOLUTION # 2021-0141; Item # 35 RESOLUTION # 2021-0142;
Item # 36 RESOLUTION # 2021-0143; Item # 37 RESOLUTION # 2021-0144;
Item # 38 RESOLUTION # 2021-0145; Item # 39 RESOLUTION # 2021-0146;
Item # 40 RESOLUTION # 2021-0147; Item # 41 RESOLUTION # 2021-0148;
Item # 42 RESOLUTION # 2021-0149; Item # 43 RESOLUTION # 2021-0150;
Item # 44 RESOLUTION # 2021-0151; Item # 45 RESOLUTION # 2021-0152;
Item # 46 RESOLUTION # 2021-0153; Item # 47 RESOLUTION # 2021-0154;
Item # 48 RESOLUTION # 2021-0155; Item # 49 RESOLUTION # 2021-0156;
Item # 50 RESOLUTION # 2021-0157; Item # 51 RESOLUTION # 2021-0158;
Item # 52 RESOLUTION # 2021-0159; Item # 53 RESOLUTION # 2021-0160;and,
Item # 54 RESOLUTION # 2021-0161;
ROLL CALL VOTE:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
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Nays: None
MOTION APPROVED 7-0
ORDINANCE ON FINAL READING
55. ORD. 42435 – An ordinance to amend Chapter 12, Article III, entitled “Prevention of
COVID-19,” Section 12-51 of the Omaha Municipal Code; to extend the sunset
provision (Mask Mandate) – (First Reading January 26, 2021; Second Reading and
Public Hearing February 2, 2021; Third Reading February 9, 2021) – see attached.
(VOTE TODAY)
A. Communications in support – see attached.
B. Communications in opposition – see attached.
C. Amendment of the Whole requested by Councilmembers Harding, Melton, and
Palermo – see attached.
1. Communications in support – see attached.
MOTION by Harding, SECOND by Melton that the Amendment of the Whole for
ORDINANCE # 42435 be approved
ROLL CALL:
Yeas: Harding, Melton
Nays: Brennan, Festersen, Gray, Palermo, Mr. President
MOTION FAILED 2-5
MOTION by Festersen, SECOND by Gray that ORDINANCE # 42435 be approved
ROLL CALL:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
ORDINANCES ON SECOND READING
56. ORD. 42436 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement for Pacific Springs Place, located at 17909 Barker Court, to
allow a proposed Auto Repair Services use on Lot 6, between the City of Omaha and
Hy-Vee, Inc., providing site development standards – (First Reading February 2, 2021;
Second Reading and Public Hearing February 9, 2021; Third Reading February 23,
2021) – see attached. (PUBLIC HEARING TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Jerram opened the Public Hearing on Item 56.
PROPONENTS:
Rob Duvall, 1044 North 115th Street, Suite # 300, for the applicant (via Zoom)
No one else came forward, and the public hearing was closed.
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57. ORD. 42437 – An ordinance approving the rescindment of Ordinance No. 26821 passed
on May 22, 1973, originally closing the area of vehicular travel on all of Charles Street
from the West right-of-way line of 16th Street to the East right-of-way line of 19th Street,
and 18th Street from the South right-of-way line of Charles Street, 58 feet South, and
17th Street from the North right-of-way line of Charles Street, 60 feet North, and the
North 30 feet of the North-South alley between 18th and 19th Streets South of Charles
Street, and the South 120 feet of the North-South alley between 17th and 18th Streets
North of Charles Street, and the North 60 feet of the North-South alley between 19th and
20th Streets South of Charles Street, located in the City of Omaha, Douglas County,
Nebraska and creating a mall improvement district – (First Reading February 2, 2021;
Second Reading and Public Hearing February 9, 2021; Third Reading February 23,
2021) – see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 57.
No one came forward, and the public hearing was closed.
58. SPECIAL ORD. 10291 – An ordinance levying a special tax assessment for cutting and
clearing weeds, grass and worthless vegetation in accordance with Sections 18-21
through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha –
Group 2021-03 – (First Reading February 2, 2021; Second Reading and Public
Hearing February 9, 2021; Third Reading February 23, 2021) – see attached. (PUBLIC
HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 58.
No one came forward, and the public hearing was closed.
59. SPECIAL ORD. 10292 – An ordinance levying a special tax assessment for litter
removal in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code
on certain lots in the City of Omaha – Group 2021-04 – (First Reading February 2,
2021; Second Reading and Public Hearing February 9, 2021; Third Reading February
23, 2021) – see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 59.
No one came forward, and the public hearing was closed.
60. SPECIAL ORD. 10293 – An ordinance levying a special tax assessment for the removal
and/or trimming of trees, bushes, shrubs, hedges and any other vegetation in
accordance with Sections 37-1 through 37-95 of the Omaha Municipal Code on certain
lots in the City of Omaha – Group 2021-05 – (First Reading February 2, 2021; Second
Reading and Public Hearing February 9, 2021; Third Reading February 23, 2021) – see
attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 60.
No one came forward, and the public hearing was closed.
61. ORD. 42438 – An ordinance to approve the Tri-Mutual Aid Fire Fighters Association
Interlocal Agreement for an initial term of 10 years, which Tri-Mutual Aid Fire Fighters
Association is made up of the communities and rural/suburban/special fire protection
districts within Douglas County, Nebraska, Sarpy County, Nebraska, Cass County,
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Nebraska, Washington County, Nebraska, Dodge County, Nebraska, Saunders County,
Nebraska, and Pottawattamie County, Iowa for the creation of a system of mutual
assistance; to provide and allow for reimbursement when services and assistance
rendered extend beyond the agreed upon time – (First Reading February 2, 2021;
Second Reading and Public Hearing February 9, 2021; Third Reading February 23,
2021) – see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 61.
No one came forward, and the public hearing was closed.
62. ORD. 42439 – An ordinance to approve a contract by and between the City of Omaha
and Armored Knights, Inc., for the collection, transportation, and delivery of City funds in
the amount of $67,425.20 annually, involving the payment of money from appropriations of
more than one year as provided in Section 5.17 of the Home Rule Charter of the City of
Omaha 1956, as amended, for a period of three years extendable for two additional one
year periods at the same price at the option of the City. (Payment is to be made from
General Fund 11111, Organization 119014, Account 42252) – (First Reading February
2, 2021; Second Reading and Public Hearing February 9, 2021; Third Reading February
23, 2021) – see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 62.
PROPONENTS:
James Venuto, 1010 Regency Parkway, for Armored Knights
No one else came forward, and the public hearing was closed.
63. ORD. 42441 – An ordinance providing for an amendment to the levy of a general
business occupation tax as requested by the property owner(s) of the Landmark
Building, Avaden Landmark, LLC; and related matters (Enhanced Employment Area) –
(First Reading February 2, 2021; Second Reading and Public Hearing February 9, 2021;
Third Reading February 23, 2021) – see attached. (PUBLIC HEARING TODAY)
Council President Jerram opened the Public Hearing on Item 63.
PROPONENTS:
David Levy, 1700 Farnam Street, Attorney for the applicant
FOR THE CITY:
Kevin Andersen, Mayor’s Office
No one else came forward, and the public hearing was closed.
_______________________________________
NON-ACTION ITEMS
(Items 64 through 73 do not require a public hearing or City Council consideration at the present
meeting, but will be placed on a future agenda for a public hearing and City Council
consideration. The reason for non-action is noted after the item on the agenda as well as the
date the item is expected to appear on an agenda for City Council consideration.)
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(CITY COUNCIL WILL NOT MEET ON FEBRUARY 16, 2021)
THE CROSSROADS
64. RES. 2021-0041 – Res. that, the Preliminary Plat entitled The Crossroads, a subdivision
inside city limits, with waivers to Omaha Municipal Code Section 53-9(9), Sidewalks for
the south side of Chicago Street abutting Lot 9, north of the existing Target, all other
sidewalks shall be provided in compliance with Chapter 53, Subdivisions and Chapter
55, Zoning, and a waiver to Section 53-9(14), Green corners, subject to providing an
alternative location for the green corner at 74th and Dodge Streets, located northwest of
72nd and Dodge Streets, along with the conditions, is hereby accepted; and, the
preparation of the final plat of this subdivision is hereby authorized. The applicant is
Lockwood Development – Inside City Limits – see attached. (LAID OVER TO THE
FEBRUARY 23, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS AND TO
COINCIDE WITH ITEM 65)
A. Planning Board and Planning Department recommend approval with APPROVAL
of waivers to Sections 53-9(9) Sidewalks and 53-9(14) Green corners – see
attached.
65. RES. 2021-0073 – Res. that, The Crossroads Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located northwest of
72nd and Dodge Streets commonly described as 7400 Dodge Street, which proposes
demolition, site clearance and grading in preparation for the new construction of a
mixed-used redevelopment along a TOD corridor, which will facilitate significant
business investment and job creation, and authorizes the City’s participation through the
allocation of TIF in an amount up to $79,400,000.00, plus accrued interest, to offset TIF
eligible expenses including, but not limited to acquisition, site work, infrastructure, public
plazas, predevelopment costs for eligible professional design service fees, construction
contingency, and public improvements as required, containing a provision for the division
of ad valorem taxes as authorized by Section 18-2147 through 18-2150, Revised
Statutes of Nebraska, as analyzed and determined to be in conformance with the
Community Development Law and as recommended by the City Planning Department,
be and hereby is approved – see attached. (LAID OVER TO THE FEBRUARY 23, 2021
CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING)
WEST VILLAGE POINTE REPLAT 10
66. ORD. 42442 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement between the City of Omaha and Noddle VP 1, LLC for West
Village Pointe, located southeast of 175th and Burke Streets, to allow for the realignment
of 175th Street for the construction of a new medical building, providing site
development standards – (First Reading February 9, 2021; Second Reading February
23, 2021; Third Reading, Public Hearing and Vote March 2, 2021) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
67. RES. 2021-0126 – Res. that, the Preliminary Plat entitled West Village Pointe Replat 10
(Lots 1-3), a minor plat inside city limits, with a waiver to Section 53-9(9), Sidewalks,
located southeast of 175th and Burke Streets, along with the conditions, is hereby
accepted; and, the preparation of the final plat of this subdivision is hereby authorized.
The applicant is Noddle VP 1, LLC – Inside City Limits – see attached. (LAID OVER TO
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THE MARCH 2, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS AND TO
COINCIDE WITH ITEM 66)
A. Planning Board and Planning Department recommend approval – see attached.
68. RES. 2021-0127 – Res. that, the Final Plat transmitted herewith entitled West Village
Pointe Replat 10 (Lots 1-3), a minor plat inside city limits, located southeast of 175th and
Burke Streets, is hereby approved, and concurrently portions of the existing plat entitled
West Village Pointe, and described on said replat, are hereby vacated. The applicant is
Noddle VP 1, LLC – Inside City Limits – see attached. (LAID OVER TO THE MARCH 2,
2021 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 66 AND 67)
A. Planning Board and Planning Department recommend approval – see attached.
TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS
69. RES. 2021-0105 – Res. that, the 22Q Senior Housing Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located southeast of
23rd and Q Streets, which proposes the construction of a new 40 unit senior living
apartment building, and authorizes the City’s participation through the allocation of TIF in
an amount up to $450,000.00, plus accrued interest, to offset TIF eligible expenses
including, but not limited to acquisition, demolition, site preparation, architectural and
engineering fees, and public improvements as required, containing a provision for the
division of ad valorem taxes as authorized by Section 18-2147 through 18-2150,
Revised Statutes of Nebraska, as analyzed and determined to be in conformance with
the Community Development Law and as recommended by the City Planning
Department, be and hereby is approved – see attached. (LAID OVER TO THE
FEBRUARY 23, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING)
70. RES. 2021-0106 – Res. that, the Elkhorn Landing Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 20603 and
20605 Elkhorn Dive, which proposes two new mixed use 3-story structures with
approximately 25 parking stalls, and authorizes the City’s participation through the
allocation of TIF in an amount up to $985,609.00, plus accrued interest, to offset TIF
eligible expenses including, but not limited to acquisition, demolition, site work,
improvements exceeding City standards, architectural and engineering costs, public
parking stalls in the Elkhorn Drive right of way, and other public improvements as
required, containing a provision for the division of ad valorem taxes as authorized by
Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and
determined to be in conformance with the Community Development Law and as
recommended by the City Planning Department, be and hereby is approved – see
attached. (LAID OVER TO THE FEBRUARY 23, 2021 CITY COUNCIL MEETING TO
ADVERTISE FOR PUBLIC HEARING)
RESOLUTION
71. RES. 2021-0162 – Res. that, the Amendment to the Redick Tower Redevelopment Plan,
for the redevelopment plan area generally located at 1504 Harney Street, which
recognizes the request to designate the redevelopment project site of 1504 Harney
Street as an Enhanced Employment Area and the proposal of a comprehensive
rehabilitation of Hotel Deco, as analyzed and determined to be in conformance with the
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Community Development Law and as recommended by the City Planning Department,
be and hereby is approved – see attached. (LAID OVER TO THE MARCH 2, 2021
CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING)
ORDINANCE ON SECOND READING
72. ORD. 42440 – An ordinance to add Sections 10-150 to 10-155, entitled “Contractor
Provisions” to Chapter 10 of the Omaha Municipal Code; to provide for rules and
regulations for bids and the award of contracts in an amount exceeding $100,000.00; to
provide an incentive for apprentice utilization in the award of construction contracts by
the City of Omaha; to create penalties for non-compliance – (First Reading February 2,
2021; Second Reading February 9, 2021; Third Reading, Public Hearing and Vote
February 23, 2021) – see attached.
ORDINANCE ON FIRST READING
73. ORD. 42443 – An ordinance declaring the necessity of acquiring, for use by the City of
Omaha, the necessary private property for the purpose of the 108th Street – Burt to
Decatur Streets Public Improvements, project identified as OPW 51810; providing that
the City negotiate with the property owners for land acquisitions, permanent easements
and temporary construction easements; providing that as to each specified parcel which
cannot be obtained by negotiation, condemnation proceedings be undertaken and
completed – (First Reading February 9, 2021; Second Reading and Public Hearing
February 23, 2021; Third Reading March 2, 2021) – see attached.
EXECUTIVE SESSION
74. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT:
MOTION by Gray, SECOND by Melton that the meeting be adjourned
ROLL CALL:
Yeas: Brennan, Festersen, Gray, Harding, Melton, Palermo, Mr. President
Nays: None
MOTION APPROVED 7-0
MEETING ADJOURNED AT: 3:19 P.M.
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I, ELIZABETH BUTLER, 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 February 9, 2021.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
______________________________________ _____________________________________
Sherri Brown, Executive Secretary Elizabeth Butler