2021-06-08j
__________________________________________
JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, JUNE 8, 2021
@ 2:00 PM
LEGISLATIVE CHAMBERS,
1819 FARNAM STREET
OMAHA, NEBRASKA
OMAHA CITY COUNCILMEMBERS
Pete Festersen – Council President District 1
Vinny Palermo – Council Vice President District 4
Juanita Johnson District 2
Danny Begley District 3
Don Rowe District 5
Brinker Harding District 6
Aimee Melton District 7
- 2 -
THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, June 8, 2021
at 2:00 PM in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and
was called to Order by Council President Pete Festersen.
CALL TO ORDER
City Clerk Elizabeth Butler took the Roll Call: Present were Councilmembers Harding, Johnson,
Melton, Palermo, Rowe, Begley, Mr. President (Festersen) – CCID # 2021-0594.
Council President Pete Festersen led those present in the Pledge of Allegiance.
Council President Pete Festersen of District No. 1 provided remarks.
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 June 4, 2021, notice of the Pre-Council and Regular City Council
Meetings, June 8, 2021 – CCID # 2021-0595.
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. Juneteenth
PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS
RAINWOOD INDUSTRIAL PARK
City Clerk Elizabeth Butler stated that Items 6 and 7 relate to the same project and would be
considered together.
6. RES. 2021-0596 – Res. that, the Preliminary Plat entitled Rainwood Industrial Park, a
subdivision outside city limits, located southwest of Blair High and Rainwood Roads,
along with the conditions, is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized. The applicant is McGill Restoration, LLC – Outside City
Limits – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
7. RES. 2021-0597 – Res. that, the request of McGill Restoration, LLC, for a waiver to the
Present Development Zone specifications of the Urban Development Element of the City
of Omaha Master Plan, for property located southwest of Blair High and Rainwood
Roads, and in conjunction with the proposed Rainwood Industrial Park subdivision plat,
as shown on Exhibit "A" and made a part hereof by this reference, is hereby approved –
see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Items 6 and 7.
- 3 -
The following person(s) appeared and spoke:
PROPONENTS:
Larry Jobeun, 11440 West Center Road, Attorney for the developer
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 6 RESOLUTION # 2021-0596; and, Item # 7 RESOLUTION # 2021-0597;
ROLL CALL VOTE:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
THE ROWS AT COVENTRY
City Clerk Elizabeth Butler stated that Items 8 through 11 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 May 25, 2021.)
8. ORD. 42565 – An ordinance to rezone property located southwest of 207th and Q
Streets from MU-Mixed Use District to R6-Low-Density Multiple-Family Residential
District – (First Reading May 18, 2021; Second Reading May 25, 2021; Third Reading,
Public Hearing and Vote June 8, 2021) – see attached. (PUBLIC HEARING AND VOTE
TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
9. ORD. 42566 – An ordinance to approve a PUD-Planned Unit Development Overlay
District in an R6-Low-Density Multiple-Family Residential District, located southwest of
207th and Q Streets, to approve the Development Plan – (First Reading May 18, 2021;
Second Reading May 25, 2021; Third Reading, Public Hearing and Vote June 8, 2021)
– see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
B. Communication in support – see attached.
10. RES. 2021-0505 – Res. that, the Final Plat entitled The Rows at Coventry, a cluster
subdivision outside city limits, located southwest of 207th and Q Streets, is hereby
approved and accepted. The applicant is Coventry Investments, LLC – Outside City
Limits – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
11. RES. 2021-0506 – Res. that, the Subdivision Agreement among the City of Omaha, 78
Investment Group, LLC, and The Rows at Coventry Owners Association, as
recommended by the Mayor, is hereby approved. The Subdivision is to be known as The
Rows at Coventry (Lots 1-180 and Outlots A-W) and is located southwest of 207th and
Q Streets – see attached. (PUBLIC HEARING AND VOTE TODAY)
- 4 -
Council President Pete Festersen opened the Public Hearing on Items 8 through 11.
The following person(s) appeared and spoke:
PROPONENTS:
Jason Thiellen, E&A Consulting Group, 10909 Mill Valley Road
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that the following items be approved
Item # 8 ORDINANCE # 42565; Item # 10 RESOLUTION # 2021-0505;and,
Item # 11 RESOLUTION # 2021-0506;
ROLL CALL VOTE:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
MOTION by Harding, SECOND by Melton to amend ORDINANCE # 42566 to amend the
Landscape Plan and Site Plan to add three trees.
ROLL CALL VOTE:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
MOTION by Harding, SECOND by Melton that ORDINANCE # 42566 be approved AS
AMENDED:
ROLL CALL VOTE:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
PLANNING ORDINANCES ON FINAL READING WITH PLANNING BOARD ATTACHMENTS
12. ORD. 42560 – An ordinance to rezone property located at 2303 and 2307 South 20th
Street from GC-General Commercial District to R4-Single-Family Residential District
(High-Density) – (First Reading May 18, 2021; Second Reading May 25, 2021; Third
Reading, Public Hearing and Vote June 8, 2021) – see attached. (PUBLIC HEARING
AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 12.
No one came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that ORDINANCE # 42560 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
- 5 -
MOTION APPROVED 7-0
13. ORD. 42561 – An ordinance to rezone property located at 5715 M Street from DR-
Development Reserve District to R4-Single-Family Residential District (High-Density) –
(First Reading May 18, 2021; Second Reading May 25, 2021; Third Reading, Public
Hearing and Vote June 8, 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 Pete Festersen opened the Public Hearing on Item 13.
No one came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Palermo that ORDINANCE # 42561 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
14. ORD. 42562 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 9004 Fort
Street – (First Reading May 18, 2021; Second Reading May 25, 2021; Third Reading,
Public Hearing and Vote June 8, 2021) – see attached. (PUBLIC HEARING AND VOTE
TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 14.
No one came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that ORDINANCE # 42562 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
City Clerk Elizabeth Butler stated that Items 15 and 16 relate to the same project and would be
considered together.
15. ORD. 42563 – An ordinance to rezone property located at 655 North 108th Avenue from
CC-Community Commercial District to R8-High-Density Multiple-Family Residential
District – (First Reading May 18, 2021; Second Reading May 25, 2021; Third Reading,
Public Hearing and Vote June 8, 2021) – see attached. (PUBLIC HEARING AND VOTE
TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
- 6 -
16. ORD. 42564 – An ordinance to amend the boundaries of the ACI-3-Area of Civic
Importance Overlay District, to incorporate into that district the property located at 655
North 108th Avenue – (First Reading May 18, 2021; Second Reading May 25, 2021;
Third Reading, Public Hearing and Vote June 8, 2021) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Items 15 and 16.
The following person(s) appeared and spoke:
PROPONENTS:
Bradley Huyck, TD2 Engineering, 10836 Old Mill Road
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 15 ORDINANCE # 42563; and, Item # 16 ORDINANCE # 42564;
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
SPECIAL USE PERMIT
17. RES. 2021-0504 – Res. that, the Special Use Permit application submitted by Martin
Marietta Materials, Inc., for a Special Use Permit to allow Resource extraction in the AG-
Agricultural District (property is located within the FF-Flood Fringe Overlay District),
located southwest of 252nd and West Center Road, 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 referenced
application, conditions set out in Exhibit “B”, and all applicable local or state statutes,
ordinances or regulations are complied with. That the proposed Special Use Permit has
been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in
Section 55-885 of the Omaha Municipal Code – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 17.
The following person(s) appeared and spoke:
PROPONENTS:
Jimmy Lowe, Martin Marietta, 11252 NW Aurora Avenue, Des Moines, IA
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-0504 be approved
- 7 -
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
LIQUOR
18. RES. 2021-0598 – Class “IK” Liquor License Application – Bravo Brio Restaurant, LLC,
dba “Bravo Cucina Italiano”, 17151 Davenport Street, Suite 101, Bldg M, (This is a new
application for a new location – formally Bravo Cucina Italiano). Notice was posted on
the property on 05-24-202; Notification was sent to property owners within 500 feet on
05-28-2021 – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 18.
The following person(s) appeared and spoke:
PROPONENTS:
Tim O’Neill, 800 Lincoln Square, 121 South 13th Street, Lincoln, NE, Attorney for the applicant
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-0598 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
19. RES. 2021-0599 – Class “A” Liquor License Application – Foodies World, LLC, dba
“KoKo Chicken”, 2571 South 177th Plaza, (This is a new application for an old location).
Present licensee is Five Spice, Inc., dba “Five Spice”, who has a Class “A” Liquor
License – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 19.
The following person(s) appeared and spoke:
PROPONENTS:
Nan Shao, KoKo Chicken, 2571 South 177th Plaza (via Zoom)
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-0599 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
20. RES. 2021-0600 – Addition Application – Mula, Inc., dba “Mula – Mexican Kitchen &
Tequileria”, 3932 Farnam Street, requests permission for an addition to their present
Class “C” Liquor License location of an outdoor area approx. 20’ x 28’. Notice was
- 8 -
posted on the property on 05-24-2021; Notification was sent to property owners within
500 feet on 05-28-2021 – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 20.
The following person(s) appeared and spoke:
PROPONENTS:
Sammy Patavina, General Manager for Mula, 3932 Farnam Street
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-0600 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
21. RES. 2021-0601 – Special Designated Liquor License Application – Sunken Ship
Investments, LLC, dba “The Brokedown Palace”, 8805 Maple Street, requests
permission for a Special Designated License for an outdoor music festival on June 24th
– 26th, 2021 from 6:00 a.m. to 2:00 a.m. with music ending at 12:00 a.m. each night with
an alternate date and location of Sunday, June 27, 2021 at The Shakedown St. Tavern,
2735 North 62nd Street from 6:00 a.m. to 2:00 a.m. with music ending at 12:00 a.m. –
see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 21.
The following person(s) appeared and spoke:
PROPONENTS:
Ross Koley, The Brokedown Palace, 8805 Maple Street
No one else came forward, and the public hearing was closed.
MOTION by Palermo, SECOND by Harding that RESOLUTION # 2021-0601 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
______________________________________
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 Festersen announced that the public hearings on Agenda Items 22 through
24 were held on May 25, 2021.
- 9 -
(Required notices of the public hearings were published in the Daily Record on May 21, 2021.)
CONSENT AGENDA – ORDINANCES
22. ORD. 42567 – An ordinance authorizing the issuance of a purchase order to FCC
Environmental Services Nebraska LLC, for a price agreement for rubbish container
service at various Street Maintenance facilities to be effective through December 31,
2021 with three, 1-year extensions at the sole option of the City; to provide for payments
from appropriations of more than one year in accordance with Section 5.17 of the Home
Rule Charter of 1956, as amended; to provide for payments from a specific account –
(First Reading May 18, 2021; Second Reading and Public Hearing May 25, 2021; Third
Reading June 8, 2021) – see attached.
23. ORD. 42568 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and OVO DEV, LLC a
Nebraska limited liability company, to implement the Clove Apartments Tax Increment
Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at
7837 Dodge Street and 8004 Farnam Drive, which proposes the construction of a 5-
story apartment building consisting of approximately 175 market-rate apartments with
approximately 169 parking stalls inside the structure. An additional 12 angled on street
parking stalls will be developed along Farnam Drive and another 9 surface stalls will be
located on the project site; the agreement authorizes the use of up to $4,456,500.00,
plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to
help fund the cost of the project – (First Reading May 18, 2021; Second Reading and
Public Hearing May 25, 2021; Third Reading June 8, 2021) – see attached.
A. Communication in opposition – see attached.
24. ORD. 42569 – An ordinance to amend the award period to Ordinance number 41669
passed December 11, 2018 accepting and authorizing disbursement from the FY 2018
State Homeland Security Grant (SHSG) Award #EMW -2018-SS-00037-S01, from the
Nebraska Emergency Management Agency (NEMA), in the amount of $843,058.00
during the amended award period of September 1, 2018 through August 31, 2022, to
provide first responder and emergency management agencies in Douglas, Sarpy, and
Washington Counties with enhanced capabilities to prevent, protect against, mitigate,
respond to, and recover from manmade threats and natural disasters; 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 – (First Reading May 18, 2021;
Second Reading and Public Hearing May 25, 2021; Third Reading June 8, 2021) – see
attached.
MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 22 ORDINANCE # 42567; Item # 23 ORDINANCE # 42568; and,
Item # 24 ORDINANCE # 42569;
ROLL CALL VOTE:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
- 10 -
Council President Festersen announced that the public hearings on Agenda Items 25 through
45 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
25. RES. 2021-0602 – Manager’s Application – M & C Management, LLC, dba “Local Beer,
Patio & Kitchen”, 4909 South 135th Street, Suite 113, request permission to appoint
Edward T. Yin manager of their present Class “CG” Liquor License – see attached.
26. RES. 2021-0603 – Manager’s Application – Apple Ten Hospitality Management, Inc.,
dba “Hilton Garden Inn”, 1005 Dodge Street, request permission to appoint Joshua A.
Houston manager of their present Class “I” Liquor License – see attached.
27. RES. 2021-0604 – Res. that, in accordance with the Lottery Operator's Agreement with
the City of Omaha, EHPV Lottery Services, LLC is granted approval to operate a Big
Red satellite keno location at Richie's Bar, 15244 W Maple Road – see attached.
28. RES. 2021-0605 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Anderson Ford Lincoln, in the amount of
$50,584.00, for the purchase of one (1) Ford F-550, to be utilized by the Traffic Division.
(The Finance Department is authorized to pay the cost of this purchase from the Street
Allocation Fund 12131, Traffic Engineering Equipment Organization 116191, year 2021
funding.) – see attached.
29. RES. 2021-0606 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Anderson Ford Lincoln, in the amount of
$48,684.00, for the purchase of one (1) Ford F-550 chassis cab, to be utilized by the
Traffic Division. (The Finance Department is authorized to pay the cost of this purchase
from the Street Allocation Fund 12131, Traffic Engineering Equipment Organization
116191, year 2021 funding.) – see attached.
30. RES. 2021-0607 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to MacQueen Equipment, LLC, in the amount of
$254,297.00, for the purchase of one (1) Street Sweeper, to be utilized by the Street
Maintenance Division. (The Finance Department is authorized to pay the cost of this
purchase from the Street Allocation Fund 12131, Pavement Maintenance Organization
116158, year 2021 funding.) – see attached.
31. RES. 2021-0608 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to AFL, LLC, in the amount of $32,748.00, for the
purchase of one (1) Transit Van, to be utilized by the Street Maintenance Division. (The
Finance Department is authorized to pay the cost of this purchase from the Street
Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2021
funding.) – see attached.
32. RES. 2021-0609 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Aspen Equipment Company, in the amount of
$77,025.00, for the purchase of one (1) Compartmentalized Sign Body with 40' Aerial lift,
to be utilized by the Traffic Division. (The Finance Department is authorized to pay the
- 11 -
cost of this purchase from the Street Allocation Fund 12131, Traffic Engineering
Equipment Organization 116191, year 2021 funding.) – see attached.
33. RES. 2021-0610 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Aspen Equipment Company, in the amount of
$71,025.00, for the purchase of one (1) Compartmentalized Service Body w/40' Aerial
Lift, to be utilized by the Traffic Division. (The Finance Department is authorized to pay
the cost of this purchase from the Street Allocation Fund 12131, Traffic Engineering
Equipment Organization 116191, year 2021 funding.) – see attached.
34. RES. 2021-0611 – Res. that, as recommended by the Mayor, Change Order No. 2 with
L.G. Roloff Construction Co., Inc., in the amount of $98,476.00, for additional work on
OPW 52931, being the 18th and Fort Sewer Improvements Project, is hereby approved.
(The Finance Department is authorized to pay an additional sum of $98,476.00, for this
change order, from the Debt Service Fund 14111, Debt Service Organization 120025,
year 2021 expenditure.) – see attached.
35. RES. 2021-0612 – Res. that, as recommended by the Mayor, Amendment No. 1 to the
agreement with the Omaha Public Power District for design costs for the approximate
2600 feet of primary direct buried cable to new metering cabinets and isolation switches
not included in the original agreement, as a part of OPW 53840, being the Papio W RRF
Flood Protection Project, is hereby approved. (The Finance Department is authorized to
pay the cost of this expense 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, in the estimated amount of $80,635.00.) – see
attached.
36. RES. 2021-0613 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Felsburg Holt & Ullevig, Inc., in the amount of $59,163.00, to provide
professional engineering services on OPW 54123, being the Culvert Repairs 2021,
Various Locations Project, is hereby approved. (The Finance Department is authorized
to pay a fee not to exceed $59,163.00, from the 2018 Transportation Bond Fund 13185,
Transportation Bonds Organization 117117.) – see attached.
37. RES. 2021-0614 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with CNC Surveying LLC, in the amount of $95,120.00, to provide
professional engineering services on OPW 54093, being the Signal Infrastructure Phase
D1 Project, is hereby approved. (The Finance Department is authorized to pay a fee not
to exceed $95,120.00, from the 2018 Transportation Bond Fund 13185, Transportation
Bonds Organization 117117.) – see attached.
38. RES. 2021-0615 – Res. that, as recommended by the Mayor, the Utility Agreement
between the City of Omaha and the Unite Private Networks, LLC, in the amount of
$48,504.00, for the Signal Infrastructure Phase B1 Project known as MAPA-28(122), CN
22608B, and OPW 52956, with the City’s 100% share of the project cost, is hereby
approved. (W ill be paid from the 2018 Transportation Bond Fund 13185, Transportation
Bonds Organization 117117, with up to 80% of participating costs eligible for federal
reimbursement in accord with the approved program agreement with NDOT for the
project. The City Council hereby authorizes the Mayor and City Clerk to sign the
Agreement on behalf of the City of Omaha.) – see attached.
- 12 -
39. RES. 2021-0616 – Res. that, as recommended by the Mayor, the Utility Agreement
between the City of Omaha and the Unite Private Networks, LLC, in the amount of
$26,437.00, for the Signal Infrastructure Phase B2 Project known as MAPA-28(133), CN
22727B, and OPW 53298, with the City’s 100% share of the project cost, is hereby
approved. (W ill be paid from the 2018 Transportation Bond Fund 13185, Transportation
Bonds Organization 117117, with up to 80% of participating costs eligible for federal
reimbursement in accord with the approved program agreement with NDOT for the
project. The City Council hereby authorizes the Mayor and City Clerk to sign the
Agreement on behalf of the City of Omaha.) – see attached.
40. RES. 2021-0617 – Res. that, as recommended by the Mayor, the Utility Agreement
between the City of Omaha and the Unite Private Networks, LLC, in the amount of
$49,666.00, for the Signal Infrastructure Phase B3 Project known as MAPA-28(132), CN
22728B, and OPW 53299, with the City’s 100% share of the project cost, is hereby
approved. (Will be paid from the 2018 Transportation Bond Fund 13185, Transportation
Bonds Organization 117117, with up to 80% of participating costs eligible for federal
reimbursement in accord with the approved program agreement with NDOT for the
project. The City Council hereby authorizes the Mayor and City Clerk to sign the
Agreement on behalf of the City of Omaha.) – see attached.
41. RES. 2021-0618 – Res. that, the Agreement, as recommended by the Mayor, between
the City of Omaha and the Metropolitan Area Continuum of Care for the Homeless, in
the amount of $856,277.73 for the purpose of providing noncongregate emergency
shelter services to homeless individuals and families for the period from January 1, 2021
through September 30, 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.
42. RES. 2021-0619 – Res. that, the Agreement, as recommended by the Mayor, between
the City of Omaha and Catholic Charities of the Archdiocese of Omaha, Inc., in the
amount of $104,635.00 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.
43. RES. 2021-0620 – Res. that, as recommended by the Mayor, the Real Estate Purchase
Agreement between the City of Omaha and Omaha Opportunities Industrialization
Center, Inc. for the sale of a parcel of land, be approved; to provide that upon completion
of the conditions in the Agreement, the Mayor of the City of Omaha is hereby authorized
to execute and deliver a Special Warranty Deed, and the City Clerk to attest the same,
to Omaha Opportunities Industrialization Center, Inc., to convey the real property
described therein and City Staff are authorized to execute any other such documents
necessary or appropriate to complete the sale of the real property described in the
Agreement, which real property is known as 2415 Corby Street, in consideration of the
sum of $250,000.00; and the City of Omaha shall pay for all real estate taxes (if any),
documentary transfer taxes (if any) and the cost of the title Commitment shall be divided
equally between the City of Omaha and Omaha Opportunities Industrialization Center,
Inc. with the transfer of this property – see attached.
- 13 -
44. RES. 2021-0621 – Res. that, as recommended by the Mayor, in accordance with
Section 5.16 of the Home Rule Charter of the City of Omaha, 1956, the Omaha Public
Library is hereby authorized to purchase unique and non-competitive products and
services from Innovative Interfaces, Inc. in an amount not to exceed $33,750.00 for the
annual subscription and maintenance of Sierra Cloud Hosting (software for integrated
library management) with standard backup for a one year term beginning June 1, 2021
and ending on May 31, 2022. (The Finance Department is authorized to pay $33,750.00
for the cost of products and services from the 2021 General Fund 11111, Organization
117000.) – see attached.
45. RES. 2021-0622 – Res. that, as recommended by the Mayor, the payment based upon
the quote from Motorola Solutions, Inc. in the amount of $32,808.00 for project
management, codeplug development, radio programming, and basic installation of 71
APX4500 Radios is hereby approved. (The Finance Department of the City of Omaha is
authorized to provide payment of $32,808.00 from the FY2018 COPS STOP School
Violence Prevention Program Grant; Award #2018-SV-WX-0045 Fund 12154,
Organization 130735, Award 100669, Project 5945; and in accordance with the contract
terms.) – see attached.
Council President Pete Festersen opened the Public Hearing on Items 25 through 45.
The following person(s) appeared and spoke:
PROPONENTS:
Edward Yin, Local Beer, Patio & Kitchen, 4909 South 135th Street – Item # 25
Cassie Barrett, Heartland Family Service, 1941 South 42nd Street – Item # 41 (via Zoom)
Luis Jimenez, 3306 Burt Street – Item # 30
Frederick Franklin, Franklin Law Group, P.O. Box 325, Attorney for OOIC – Item # 43
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 25 RESOLUTION # 2021-0602; Item # 26 RESOLUTION # 2021-0603;
Item # 27 RESOLUTION # 2021-0604; Item # 28 RESOLUTION # 2021-0605;
Item # 29 RESOLUTION # 2021-0606; Item # 30 RESOLUTION # 2021-0607;
Item # 31 RESOLUTION # 2021-0608; Item # 32 RESOLUTION # 2021-0609;
Item # 33 RESOLUTION # 2021-0610; Item # 34 RESOLUTION # 2021-0611;
Item # 35 RESOLUTION # 2021-0612; Item # 36 RESOLUTION # 2021-0613;
Item # 37 RESOLUTION # 2021-0614; Item # 38 RESOLUTION # 2021-0615;
Item # 39 RESOLUTION # 2021-0616; Item # 40 RESOLUTION # 2021-0617;
Item # 41 RESOLUTION # 2021-0618; Item # 42 RESOLUTION # 2021-0619;
Item # 43 RESOLUTION # 2021-0620; Item # 44 RESOLUTION # 2021-0621;and,
Item # 45 RESOLUTION # 2021-0622;
ROLL CALL VOTE:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
- 14 -
ORDINANCE ON FINAL READING
46. ORD. 42570 – An ordinance transferring funds from unencumbered balances in the
2020 General Fund Budget of the City of Omaha in accordance with Section 5.10 of the
Home Rule Charter of the City of Omaha, 1956, as amended, and to fix the effective
date hereof to be immediately upon passage in accordance with Section 2.12 of the
Home Rule Charter of the City of Omaha, 1956, as amended – (First Reading May 18,
2021; Second Reading and Public Hearing May 25, 2021; Third Reading June 8, 2021)
– see attached. (VOTE TODAY)
A. Amendment of the Whole requested by the Finance Department – see attached.
MOTION by Melton, SECOND by Harding that the Amendment of the Whole for
ORDINANCE # 42570 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
ORDINANCES ON SECOND READING
47. ORD. 42573 – An ordinance authorizing the issuance of a purchase order to Bil-Den
Glass, Inc., for emergency glass repair and replacement at various City of Omaha
locations; to provide for payments from appropriations of more than one year in
accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to
provide for payments from a specific account – (First Reading May 25, 2021; Second
Reading and Public Hearing June 8, 2021; Third Reading June 15, 2021) – see
attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 47.
No one came forward, and the public hearing was closed.
48. ORD. 42574 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the Nebraska Crime Commission, FY 2020 STOP
Violence Against Women (VAWA) Grant, Award #2020-WF-AX-0025 ($221,741) and
Award #2018-WF-AX-0015 ($26,901.18) in the amount of $248,642.18, during the
project period of July 1, 2021 to June 30, 2022; to enhance victim assistance services
and prosecute cases of domestic violence through the multi-agency Douglas County
Community Response Team as detailed in the attached grant application; to authorize
payment from such grant funding and involving appropriations of more than one fiscal
year in conformity with Section 5.17 of the Home Rule Charter – (First Reading May 25,
2021; Second Reading and Public Hearing June 8, 2021; Third Reading June 15, 2021)
– see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 48.
No one came forward, and the public hearing was closed.
49. ORD. 42575 – An ordinance to approve the Contracts between the City of Omaha and
Thomson Reuters, for more than one year, to provide specialized books and services to
the Law Department – (First Reading May 25, 2021; Second Reading and Public
- 15 -
Hearing June 8, 2021; Third Reading June 15, 2021) – see attached. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 49.
No one came forward, and the public hearing was closed.
50. ORD. 42576 – An ordinance to accept the bid of Turfwerks in the total amount of
$36,000.00 for the purchase of four (4) used Jacobsen LF550 Fairway Mowers, in the
amount of $9,000.00 per 18-hole Golf Course for a total amount of $36,000.00. (The
Finance Director of the City of Omaha is authorized to make payments in accordance
therewith from the Golf Operations Fund No. 21114 and Organization Nos. 115511 –
Johnny Goodman Golf Course ($9,000.00), 115512 – Benson Golf Course ($9,000.00),
115513 – Elmwood Golf Course ($9,000.00), and 115519 – Knolls Golf Course
($9,000.00) – (First Reading May 25, 2021; Second Reading and Public Hearing June
8, 2021; Third Reading June 15, 2021) – see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 50.
No one came forward, and the public hearing was closed.
51. ORD. 42577 – An ordinance to accept the bid of Cash-Wa in the total amount of
$127,100.00 for Food Concessions and Supplies for City of Omaha Parks, located at
various Community Centers and Golf Courses throughout the City. (The Finance
Director of the City of Omaha is authorized to make payments in accordance therewith
from the Golf Operations Fund No. 21114, and Organization Nos. 115511 – Johnny
Goodman ($18,500.00), 115512 – Benson ($17,500.00), 115513 – Elmwood
($14,000.00), 115519 – Knolls ($13,000.00), 115515 – Warren Swigart ($800.00),
115516 –Steve Hogan ($800.00), 115517 Spring Lake ($2,500.00), and 115518 –
Westwood ($1,500.00), and Trap & Skeet Operations Fund No. 21108, and Organization
No. 115366 ($3,500.00), and General Fund No. 11111 and Organization Nos. 115211 –
Motto McLean Ice ($16,000.00), 115352 – Hummel Nature Center ($29,000.00), and
115335 – Pool Admin. ($10,000.00).) – (First Reading May 25, 2021; Second Reading
and Public Hearing June 8, 2021; Third Reading June 15, 2021) – see attached.
(PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 51.
No one came forward, and the public hearing was closed.
_______________________________________
NON-ACTION ITEMS
(Items 52 through 61 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.)
(CITY COUNCIL WILL NOT MEET ON JUNE 22, 2021)
- 16 -
ANCHOR VIEW
52. ORD. 42571 – An ordinance to rezone property located at 17550 Potter Street from AG-
Agricultural District to DR-Development Reserve District – (First Reading May 25, 2021;
Second Reading June 8, 2021; Third Reading, Public Hearing and Vote June 15, 2021)
– see attached.
53. ORD. 42572 – An ordinance to rezone property located 17550 Potter Street from AG-
Agricultural District to R5-Urban Family Residential District – (First Reading May 25,
2021; Second Reading June 8, 2021; Third Reading, Public Hearing and Vote June 15,
2021) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
54. RES. 2021-0557 – Res. that, the Final Plat entitled Anchor View, a subdivision outside
city limits, located at 17550 Potter Street, is hereby approved and accepted. The
applicant is HRC Anchor View, LLC – Outside City Limits – see attached. (LAID OVER
TO THE JUNE 15, 2021 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 52
AND 53)
A. Planning Board and Planning Department recommend approval – see attached.
55. RES. 2021-0558 – Res, that, the Subdivision Agreement among the City of Omaha,
HRC Anchor View, The Anchor View Homeowners Association, and Sanitary and
Improvement District (S.&I.D.) 610 of Douglas County, Nebraska, as recommended by
the Mayor, is hereby approved. The total cost of the interceptor sewer, currently
estimated at $887,985.00, shall be paid from the Interceptor Sewer Construction,
Organization 116921, Fund 12133. The Subdivision is to be known as Anchor View (Lots
1-132 and Outlots A-E) and is located at 17550 Potter Street – see attached. (LAID
OVER TO THE JUNE 15, 2021 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS
52 AND 53)
TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTION
56. RES. 2021-0569 – Res. that, the Blackstone East Mixed Use Building Tax Increment
Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located
at 3719 Farnam Street and 3710 Harney Street, which proposes to construct a new
nine-story mixed use building with 20,000 square feet ground floor commercial space,
with about 161 apartment units on the upper levels, and authorizes the City’s
participation through the allocation of TIF in an amount up to $6,235,000.00, plus
accrued interest, to offset TIF eligible expenses including, but not limited to acquisition,
demolition, site preparation construction, architectural and engineering costs, special
engineered foundations, and public improvements as required, with the applicant
contributing $62,000.00 of the TIF loan proceeds to the Midtown Public Improvement
Fund, 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 JUNE 15, 2021 CITY COUNCIL MEETING TO
ADVERTISE FOR PUBLIC HEARING)
- 17 -
RESOLUTION
57. RES. 2021-0580 – Res. that, the Franchise Agreement between Centurylink and the City
is terminated as of April 30, 2021, upon payment by Centurylink to the City in the sum of
$364,191.00; that a settlement in the amount of $364,191.00 is hereby approved; and
that $25,000.00 of the said $364,191.00 is designated as PEG fees and shall be
deposited into the Miscellaneous Contribution Fund 12117, CTAC Org. 124036, Cable
TV Fees Account 58323 – see attached. (LAID OVER TO THE JUNE 29, 2021 CITY
COUNCIL MEETING FOR PUBLICATION PER CHARTER SECTION 2.15)
ORDINANCES ON FIRST READING
58. ORD. 42578 – An ordinance authorizing the issuance of a purchase order to Evoqua
Water Technologies, LLC in the estimated annual amount of $66,240.00 according to
actual use, for the purchase of an 18,000 gallon, turn-key Hydrogen Peroxide chemical
supply and system supply per contracts to be utilized at the Missouri River Water
Resource Recovery Facility, to be effective for a period of 12 months and is extendable
for two one-year periods with approval of both parties; to provide for payments from
appropriations of more than one year in accordance with Section 5.17 of the Home Rule
Charter of 1956, as amended; to provide for payments from a specific account – (First
Reading June 8, 2021; Second Reading and Public Hearing June 15, 2021; Third
Reading June 29, 2021) – see attached.
59. ORD. 42579 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and Mastercraft, LLC, to
implement the Mastercraft Building Tax Increment Financing (TIF) Redevelopment
Project Plan for a redevelopment project site located at 1111 North 13th Street,
proposes to renovate about 11,000 to 15,000 square feet of unusable floor area for new
office space, improve the electrical system throughout the building, and will also
construct a privately owned public green space of about 1.2 acres as an amenity for the
Millwork Commons district and use by the general public; the agreement authorizes the
use of up to $1,595,000.00, plus accrued interest, in excess ad valorem taxes (TIF)
generated by the development to help fund the cost of the project – (First Reading
June 8, 2021; Second Reading and Public Hearing June 15, 2021; Third Reading June
29, 2021) – see attached.
60. ORD. 42580 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and 18HowardOwner,
LLC, to implement the 18Howard Tax Increment Financing (TIF) Redevelopment Project
Plan for a redevelopment project site located at 1819 Howard Street and 1810 St. Mary’s
Avenue, which proposes the new construction of a five story mixed-use building with
approximately 120-124 apartments and 20,000 square foot of first floor commercial
space. There will be 40 parking stalls leased from the adjacent new development at 508
South 19th Street and another 40 off-street parking stalls provided for residential use;
the agreement authorizes the use of up to $3,540,728.00, plus accrued interest, in
excess ad valorem taxes (TIF) generated by the development to help fund the cost of
the project – (First Reading June 8, 2021; Second Reading and Public Hearing June
15, 2021; Third Reading June 29, 2021) – see attached.
61. ORD. 42581 – An ordinance to approve a Professional Services Agreement between the
City of Omaha, and Thomas H. Warren Sr., LLC from July 1, 2021 to May 31, 2025;
Thomas H. Warren Sr., LLC will be compensated for professional services at a rate of
$150,000.00 for year one, with such amount to increase by 3% per year. (Funding shall
- 18 -
be from Fund: 11111 (General), Organization: 101011 (Mayor's Office- Executive &
Public Affairs), Account: 42239 (Professional Fees - Other); to authorize the Finance
Director to make payments in conformance therewith) – (First Reading June 8, 2021;
Second Reading and Public Hearing June 15, 2021; Third Reading June 29, 2021) – see
attached.
A. Communication in opposition – see attached.
EXECUTIVE SESSION
62. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT:
MOTION by Palermo, SECOND by Melton that the meeting be adjourned
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
MEETING ADJOURNED AT: 2:41 P.M.
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 June 8, 2021.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
______________________________________ _____________________________________
Sherri Brown, Executive Secretary Elizabeth Butler