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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