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2021-08-31j __________________________________________ JOURNAL RECORD CITY OF OMAHA CITY COUNCIL MEETING TUESDAY, AUGUST 31, 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, August 31, 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 Rowe, Begley, Harding, Melton, Palermo, Mr. President (Festersen); Absent the entire meeting was Councilmember Johnson – CCID # 2021-0893. Council President Pete Festersen led those present in the Pledge of Allegiance. Councilmember Danny Begley of District No. 3 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 August 27, 2021, notice of the Pre-Council and Regular City Council Meetings, August 31, 2021 – CCID # 2021-0894. 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 TAX LEVY RESOLUTION 6. RES. 2021-0920 – Res. that, pursuant to Nebraska Revised Statute 77-1601.02, the current property tax request for 2022 be a different amount than the property tax request for 2021. The 2022 property tax request be set at $196,478,680.00 based on the certified valuation dated August 20, 2021, and using the assumed collection factor of 99.17%. Further, that pursuant to the provisions of Section 5.07 and Section 11.02 of the Home Rule Charter of the City of Omaha, 1956, the City Council hereby certifies to the County Clerk of Douglas County, Nebraska, the number of cents or fraction thereof which the City of Omaha desires to be levied on each One Hundred Dollars ($100.00) of actual valuation upon all taxable property within the limits of the City of Omaha for the year 2022 for the purposes as follows: 46.922 cents for the City of Omaha 2022 Budget, including 28.829 cents for General Fund purposes, 14.893 cents to provide for principal and interest payments on the indebtedness of the City of Omaha, .600 cents for the satisfaction of judgments and litigation expenses in connection therewith, and 2.600 cents for the Special Tax Revenue Redevelopment Fund. – see attached. (VOTE TODAY) MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-0920 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 - 3 - PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS REDWOOD WENNINGHOFF 7. RES. 2021-0895 – Res. that, the Preliminary Plat entitled Redwood Wenninghoff, a subdivision outside city limits, located northeast of Sorensen Parkway and Wenninghoff Road, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Redwood USA LLC – Outside City Limits – 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 7. The following person(s) appeared and spoke: PROPONENTS: Paul DeKruiff, 7007 East Pleasant Valley Road, Independence, OH, for the applicant No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that RESOLUTION # 2021-0895 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 LAKE CUNNINGHAM VILLAGE 8. RES. 2021-0896 – Res. that, the Revised Preliminary Plat entitled Lake Cunningham Village (Lots 169-252, Outlots M-R), a cluster subdivision outside the city limits, located southeast of 96th and State Streets, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is A1 Development – Outside City Limits – 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 8. The following person(s) appeared and spoke: PROPONENTS: Larry Jobeun, 11440 West Center Road, Attorney for the applicant No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that RESOLUTION # 2021-0896 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President - 4 - Nays: None Absent: Johnson MOTION APPROVED 6-0 City Clerk Elizabeth Butler stated that Items 9 and 10 relate to the same project and would be considered together. DAYBREAK 9. RES. 2021-0897 – Res. that, the Preliminary Plat entitled Daybreak, located north of 192nd and Fort Streets, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is BSR- FW, LLC – Outside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 10. RES. 2021-0898 – Res. that, the request of BSR-FW, 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 north of 192nd and Fort Streets, in conjunction with the proposed Daybreak subdivision plat, as shown on Exhibit "A" 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 9 and 10. The following person(s) appeared and spoke: PROPONENTS: Mark Johnson, 11440 West Center Road, Attorney for the applicant No one else came forward, and the public hearing was closed. MOTION by Harding, SECOND by Melton that the following items be approved: Item # 9 RESOLUTION # 2021-0897; and, Item # 10 RESOLUTION # 2021-0898; ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 City Clerk Elizabeth Butler stated that Items 11 through 15 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 August 17, 2021.) - 5 - SUNDANCE 11. ORD. 42657 – An ordinance to rezone property located northwest of 195th Street and H.W.S. Cleveland Boulevard from AG-Agricultural District to MU-Mixed Use District – (First Reading August 17, 2021; Second Reading August 24, 2021; Third Reading, Public Hearing and Vote August 31, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 12. ORD. 42658 – An ordinance to approve a Major Amendment to a Mixed Use District Development Agreement between the City of Omaha and SD Omaha Property, LLC for Avenue One, located northwest of 195th Street and H.W.S. Cleveland Boulevard, to allow for a multiple family residential use (251 residential units), providing site development standards – (First Reading August 17, 2021; Second Reading August 24, 2021; Third Reading, Public Hearing and Vote August 31, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 13. RES. 2021-0839 – Res. that, the Revised Preliminary Plat entitled Sundance (previously a portion of Avenue One), a subdivision inside city limits, located northwest of 195th Street and H.W.S. Cleveland Boulevard, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Ryan Sailer for Timberland Partners – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 14. RES. 2021-0840 – Res. that, the Final Plat entitled Sundance, a subdivision inside city limits, located northwest of 195th Street and H.W.S. Cleveland Boulevard, is hereby approved and accepted. The applicant is Ryan Sailer for Timberland Partners – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. B. Communication in support – see attached. C. Communications in opposition – see attached. 15. RES. 2021-0841 – Res. that, the Subdivision Agreement among the City of Omaha, SD Omaha Property LLC, and Jasper Stone 192nd and Dodge, LLC, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Sundance (Lots 1-4 and Outlots A-C) and is located northwest of 195th Street and H.W.S. Cleveland Boulevard – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Items 11 through 15. The following person(s) appeared and spoke: PROPONENTS: Mark Johnson, 11440 West Center Road, Attorney for the applicant Julie Harris, Bike Walk Nebraska, 1905 Harney Street Lee Myers, 105 South 9th Street #603, for Mode Shift Omaha - 6 - Jennifer Dam Shewchuk, 127 South 201st Street (via Zoom) Mark Stursma, 13829 Arbor Street OPPONENTS: Lindsey Schuler, 2120 South 72nd Street, Attorney for the Fire Ridge residents Angie Nixon, 104 South 197th Street Larry Storer, 5015 Lafayette Avenue FOR THE CITY: Dave Fanslau, Director, Planning Department No one else came forward, and the public hearing was closed. MOTION by Palermo, SECOND by Begley that the following items be approved: Item # 11 ORDINANCE # 42657; Item # 12 ORDINANCE # 42658; Item # 13 RESOLUTION # 2021-0839; Item # 14 RESOLUTION # 2021-0840;and, Item # 15 RESOLUTION # 2021-0841; ROLL CALL: Yeas: Rowe, Begley, Melton, Palermo, Mr. President Nays: Harding Absent: Johnson MOTION APPROVED 5-1 TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS 16. RES. 2021-0820 – Res. that, the Eastside North 18 Ohio Tax Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located at northwest of 17th and Ohio Streets, which proposes the construction of thirteen (13) new rowhome residential units on an assemblage of eleven (11) vacant, contiguous parcels located in north Omaha, and authorizes the City’s participation through the allocation of TIF in an amount up to $310,000.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to site work, architectural and engineering costs, various studies, 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. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Item 16. The following person(s) appeared and spoke: PROPONENTS: Matthew Cavanaugh, Holy Name Housing, 4324 Fort Street OPPONENTS: Larry Storer, 5015 Lafayette Avenue FOR THE CITY: Don Seten, Planning Department - 7 - No one else came forward, and the public hearing was closed. MOTION by Begley, SECOND by Festersen that RESOLUTION # 2021-0820 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 17. RES. 2021-0821 – Res. that, the Eastside 1620 Clark Tax Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located at 1620 Clark Street, which proposes to construct twelve (12) new rowhome residential units, and authorizes the City’s participation through the allocation of TIF in an amount up to $310,000.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to site work, architectural and engineering costs, various studies, 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. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Item 17. The following person(s) appeared and spoke: PROPONENTS: Matthew Cavanaugh, Holy Name Housing, 4324 Fort Street FOR THE CITY: Don Seten, Planning Department No one else came forward, and the public hearing was closed. MOTION by Harding, SECOND by Begley that RESOLUTION # 2021-0821 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 ______________________________________ LIQUOR 18. RES. 2021-0921 – Class “C” Liquor License for Bob and Willie’s Bowl, LLC, dba “Bob and Willie’s Bowl”, located at 3724 Farnam Street. (This is a new application for a new location) Notice was posted on the property on 08-17-2021; Notification was sent to property owners within 500 feet on 08-20-2021 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communication from the Planning Department – see attached. - 8 - Council President Pete Festersen opened the Public Hearing on Item 18. The following person(s) appeared and spoke: PROPONENTS: Sean Kelley, 2804 South 87th Avenue, Attorney for the applicant No one else came forward, and the public hearing was closed. MOTION by Begley, SECOND by Harding that RESOLUTION # 2021-0921 be approved contingent upon obtaining the proper permits for the outdoor area ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 19. RES. 2021-0922 – Class “C” Liquor License for Chef Wilson’s, LLC, dba “Le Voltaire Restaurant”, located at 569 North 155th Plaza. (Change in ownership - present licensee is Le Voltaire, Inc., dba “Le Voltaire”, who has a Class “C” 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: Burke Harr, 6457 Frances Street #100, Attorney for the applicant No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that RESOLUTION # 2021-0922 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 20. RES. 2021-0923 – Class “C” Liquor License for Christiansen Enterprises, LLC, dba “Lemon Drop Lounge”, located at 5423 South 36th Street. (Change in ownership - present licensee is Lemon Drop, Inc., dba “Lemon Drop Bar & Grill”, who has a Class “C” Liquor License) – 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: Brant Christiansen, 5423 South 36th Street, applicant Heidi Christiansen, 5423 South 36th Street, applicant - 9 - No one else came forward, and the public hearing was closed. MOTION by Palermo, SECOND by Harding that RESOLUTION # 2021-0923 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 21. RES. 2021-0924 – Class “C” Liquor License for DLMG, LLC, dba “Danny’s Bar & Grill”, located at 2007 North 72nd Street. (Change in ownership - present licensee is J & C, Inc., dba “Danny’s Bar & Grill”, who has a Class “C” Liquor License) – 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: Sean Kelley, 2804 South 87th Avenue, Attorney for the applicant No one else came forward, and the public hearing was closed. MOTION by Begley, SECOND by Rowe that RESOLUTION # 2021-0924 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 22. RES. 2021-0925 – Class “I” Liquor License for Parche, LLC, dba “Cumbia”, located at 329 South 16th Street, Suite 1. (This is a new application for a new location). Notice was posted on the property on 08-17-2021; Notification was sent to property owners within 500 feet on 08-20-2021 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communication from the Planning Department – see attached. B. Communication in support – see attached. Council President Pete Festersen opened the Public Hearing on Item 22. The following person(s) appeared and spoke: PROPONENTS: Sean Kelley, 2804 South 87th Avenue, Attorney for the applicant No one else came forward, and the public hearing was closed. MOTION by Begley, SECOND by Festersen that RESOLUTION # 2021-0925 be approved contingent upon obtaining the proper permits for the outdoor area - 10 - ROLL CALL: Yeas: Rowe, Begley, Harding, Palermo, Mr. President Nays: None Abstain: Melton Absent: Johnson MOTION APPROVED 5-0-1 23. RES. 2021-0926 – Culprit, Inc., dba “Culprit Café and Bakery”, located at 1603 Farnam Street, request permission for an addition to their present Class “C” Liquor License location of an outdoor area approx. 38’ x 14’. Notice was posted on the property on 08- 17-2021; Notification was sent to property owners within 500 feet on 08-20-2021 – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communication from the Planning Department – see attached. B. Communication in support – see attached. Council President Pete Festersen opened the Public Hearing on Item 23. The following person(s) appeared and spoke: PROPONENTS: Luke Mabie, 6324 Hamilton Street, for Culprit Café and Bakery No one else came forward, and the public hearing was closed. MOTION by Begley, SECOND by Harding that RESOLUTION # 2021-0926 be approved contingent upon obtaining the proper permits for the outdoor area ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 ______________________________________ 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 24 through 31 were held on August 24, 2021. (Required notices of the public hearings were published in the Daily Record on August 20, 2021.) COUNCIL PRESIDENT FESTERSEN ANNOUNCED THAT AGENDA ITEM 24 WAS REMOVED FROM THE CONSENT AGENDA. - 11 - CONSENT AGENDA – ORDINANCES 24. ORD. 42651 – An ordinance approving an Interlocal Agreement between the City of Omaha, Douglas County, and Sarpy County involving the disbursement and receipt of money involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Omaha is to cooperate with Douglas County and Sarpy County to provide Household Hazardous Waste services for the residents of Douglas and Sarpy County; to authorize the Finance Department to disburse and receive a cost share from Douglas County and Sarpy County not to exceed $125,000.00 annually per participant according to the schedule contained within the Agreement – (First Reading August 17, 2021; Second Reading and Public Hearing August 24, 2021; Third Reading August 31, 2021) – see attached. (REMOVED FROM CONSENT AGENDA) A. Amendment of the Whole requested by the Law Department – see attached. 25. ORD. 42652 – An ordinance to approve a Major Amendment to a Mixed Use District Development Agreement between the City of Omaha and West Gate Bank, for Thomsen Mile West, located at 17617 Manderson Street, to remove a Center Identification Sign prescribed for this lot by the development agreement and allow two detached signs closer than 100 feet, providing site development standards – (First Reading August 17, 2021; Second Reading and Public Hearing August 24, 2021; Third Reading August 31, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 26. ORD. 42653 – An ordinance to amend Sections 55-62, 55-68, 55-226, 55-541, and 55- 581 of the Omaha Municipal Code to correct several typographical errors – (First Reading August 17, 2021; Second Reading and Public Hearing August 24, 2021; Third Reading August 31, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 27. ORD. 42654 – An ordinance to amend Chapter 49 of the Omaha Municipal Code entitled “Plumbing”; to amend code sections therein; to clarify; to repeal sections 49-118, 49-204, 49-301, 49-344, 49-345, 49-413, 49-416, 49-505, 49-508, 49-512, 49-514, 49-522, 49- 604, 49-622, 49-624, 49-626, 49-701, 49-702, 49-708 49-720, 49-721, 49-722, 49-730, (Figure 49-731), 49-806, 49-811, 49-814, 49-826, 49-827, 49-843, 49-906, 49-907, 49- 1013, 49-1120, 49-1122, 49-1123, 49-1126, 49-1141, 49-1304, 49-1321, 49-1420, 49- 1421, 49-1423, 49-1427, 49-1525, (Figure 49-1525), 49-1530, 49-1532, 49-1542, 49- 1548, 49-1560, (Figure 49-1560), 49-1605, 49-1723, 49-1734, 49-1802, and 49-2012 as heretofore existing; and to create new sections 49-555, 49-556, 49-843 – (First Reading August 17, 2021; Second Reading and Public Hearing August 24, 2021; Third Reading August 31, 2021) – see attached. A. Plumbing Board recommends approval. 28. ORD. 42655 – An ordinance to approve exercising two (2) one-year options for an Agreement between the City of Omaha and CorVel Enterprise Comp., Inc.; to provide workers’ compensation case management, claims management and risk management services for the City’s self-funded workers’ compensation program that was originally approved by the City Council on January 29, 2019 by Ordinance No. 41712 with such funds - 12 - to be paid from Fund No. 11111, Organization No. 118017; with such fees to increase annually by the greater of the CPI or 3% - (First Reading August 17, 2021; Second Reading and Public Hearing August 24, 2021; Third Reading August 31, 2021) – see attached. 29. ORD. 42656 – An ordinance (1) to approve an agreement between the City of Omaha and Dr. Samantha Clinkinbeard in the amount of $11,000.00; and (2) to authorize funding for such agreement from the City of Omaha’s FY 2020 Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant, Award #2020-MH-WX-K006, awarded by the U.S. Department of Justice, Office of Community Oriented Policing Services; to provide funding for research evaluation as part of the Omaha Police Department’s Peer Support Program; 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 August 17, 2021; Second Reading and Public Hearing August 24, 2021; Third Reading August 31, 2021) – see attached. 30. ORD. 42659 – An ordinance authorizing the issuance of a purchase order to Abe’s Trash Service for a price agreement for rubbish container service for the Papillion Creek Water Resource Recovery Facility to be effective through December 31, 2022 with three, one 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 August 17, 2021; Second Reading and Public Hearing August 24, 2021; Third Reading August 31, 2021) – see attached. 31. ORD. 42660 – An ordinance to (1) approve an agreement between the City of Omaha and the Metro Area Continuum of Care for the Homeless (MACCH) in the amount of $16,908.704.30; and (2) to authorize funding for such agreement from U.S. Department of the Treasury Emergency Rental Assistance funds received by the City of Omaha under Section 3201(a) of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021); to be used to provide emergency rental and utility assistance for households at 80% of area median income or less who are impacted by the COVID-19 pandemic – (First Reading August 17, 2021; Second Reading and Public Hearing August 24, 2021; Third Reading August 31, 2021) – see attached. MOTION by Melton, SECOND by Harding that the following items be approved: Item # 25 ORDINANCE # 42652; Item # 26 ORDINANCE # 42653; Item # 27 ORDINANCE # 42654; Item # 28 ORDINANCE # 42655; Item # 29 ORDINANCE # 42656; Item # 30 ORDINANCE # 42659; and, Item # 31 ORDINANCE # 42660; ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 24. ORD. 42651 – An ordinance approving an Interlocal Agreement between the City of Omaha, Douglas County, and Sarpy County involving the disbursement and receipt of money involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Omaha is to cooperate with Douglas County and Sarpy County to provide Household Hazardous Waste services for the residents of Douglas and Sarpy County; to - 13 - authorize the Finance Department to disburse and receive a cost share from Douglas County and Sarpy County not to exceed $125,000.00 annually per participant according to the schedule contained within the Agreement – (First Reading August 17, 2021; Second Reading and Public Hearing August 24, 2021; Third Reading August 31, 2021) – see attached. A. Amendment of the Whole requested by the Law Department – see attached. MOTION by Melton, SECOND by Harding that the Amendment of the Whole for ORDINANCE # 42651 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 _______________________________________ Council President Festersen announced that the public hearings on Agenda Items 32 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 32. RES. 2021-0927 – Liquor License Manager Applications - To appoint Kirti K. Trivedi as manager of the present liquor license locations for Class “CK” - DMK Union General Partnership, dba Holiday Inn Downtown Omaha” located at 1420 Cuming Street; Class “C” - Farnam Lodging, LLC, dba “Holiday Inn Express Downtown Omaha”, located at 2431 Farnam Street and Class “C” - 24th Street Enterprises, LLC, dba “Even Hotel Downtown Omaha”, located at 2220 Farnam Street – see attached. 33. RES. 2021-0928 – Liquor License Manager Application - M & C Restaurant Management, LLC, dba “Local Beer Patio & Kitchen”, located at 4909 South 135th Street, Suite 113, requests permission to appoint Charles T. Yin manager of their present Class “CG” Liquor License location – see attached. 34. RES. 2021-0929 – Liquor License Manager Application - Throwback Empire, LLC, dba “Throwback Arcade Lounge”, located at 1402 Howard Street, requests permission to appoint Tyrek R. Robinson manager of their present Class “C” Liquor License location – see attached. 35. RES. 2021-0930 – Liquor License Manager Application - Dave & Buster’s of Nebraska, Inc., dba “Dave & Buster’s”, located at 2502 South 133rd Plaza, Suite 111, requests permission to appoint Sean R. Blizzard manager of their present Class “I” Liquor License location – see attached. 36. RES. 2021-0931 – Liquor License Manager Application - TOG KS, LLC, dba “Kona Grill”, located at 296 North 170th Street, requests permission to appoint Shannon L. Malone manager of their present Class “IK” Liquor License location – see attached. - 14 - 37. RES. 2021-0932 – 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 Primo’s, 5914 Center Street – see attached. A. Communication in support – see attached. 38. RES. 2021-0933 – 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 Dena’s Place, 2112 North 30th Street, Suite 201 – see attached. 39. RES. 2021-0934 – 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 Billy O’s, 14242 Fort Street – see attached. 40. RES. 2021-0935 – 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 South Omaha's Finest Tequila Garage, 4971 Q Street – see attached. 41. RES. 2021-0936 – 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 G’s Pub, 5051 S 108th Street – see attached. 42. RES. 2021-0902 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Industrial Video & Control Co., LLC, in the amount of $42,286.00, for the purchase of 1 (one), Solar Surveillance Camera Trailer to be utilized by the Environmental Quality Control Division. (The Finance Department is authorized to pay the cost of this purchase from the General Fund 11111, Solid Waste - Collect & Disposal Organization 116321, year 2021 funding.) – see attached. 43. RES. 2021-0903 – Res. that, as recommended by the Mayor, the Nebraska Emergency Management Agency (NEMA) Grant Agreement, DR-4420-NE-0011, Sewer Assets Risk Based Prioritizations (in Creeks and waterways) reimbursement of $467,510.25, for OPW 53538, being the Giles Road Siphon Replacement - South 110th and Harry Anderson Avenue Project, is hereby approved to be paid to the Sewer Revenue Improvements Bond Fund 21124, Sewer Planning Unit Organization 116512. (The City’s share estimated to be $156,000.00, will be paid from the Sewer Revenue Improvements Bond Fund 21124, Sewer Planning Unit Organization 116512; Sewer Revenue Bonds will be issued to finance this project. The City Council hereby authorizes the Mayor, of the City of Omaha to execute and deliver the Agreement on behalf of the City of Omaha.) – see attached. 44. RES. 2021-0909 – Res. that, the Agreement, as recommended by the Mayor, between the City of Omaha and State of Nebraska-History Nebraska for a grant used to complete historic preservation guidelines and attend the National Trust for Historic Preservation conference in the amount of $40,300.00 to be matched by the City in an equal or greater amount of $10,075.00, for the period from June 1, 2021 until May 31, 2022 is hereby approved – see attached. - 15 - 45. RES. 2021-0910 – Res. that, the contract with McGill Restoration for Community Planning and Development Programs, for tuck-pointing and caulking at 3031 Upland Parkway in the amount of $97,897.00 is hereby approved. (The Finance Department is authorized to pay $97,897.00 from FY 2019 Fund No. 12186, Organization No. 128072, Project No. 5971.) – see attached. 46. RES. 2021-0911 – Res. that, as recommended by the Mayor, the contract with McGill Restoration, for tuck pointing and caulking at 3819 North 24th Street, is hereby approved. (The Finance Department is authorized to pay the cost of this project in the amount of $54,972.00 from the Community Development Block Grant, Fund No. 12186, Organization No. 128072, Project No. 6503.) – see attached. 47. RES. 2021-0912 – Res. that, as recommended by the Mayor, the contract with Rooforia (Casa Cano Roofing), for a roof replacement at 3819 North 24th Street, is hereby approved. (The Finance Department is authorized to pay the cost of this project in the amount of $38,094.63 from the Community Development Block Grant, Fund No. 12186, Organization No. 128072, Project No. 6503.) – see attached. 48. RES. 2021-0913 – Res. that, as recommended by the Mayor, the contract with McKinnis Roofing, for a roof replacement at 2506-2510 North 24th Street, is hereby approved. (The Finance Department is authorized to pay the cost of this project in the amount of $62,907.00 from the Community Development Block Grant, Fund No. 12186, Organization No. 128072, Project No. 6265.) – see attached. 49. RES. 2021-0914 – Res. that, as recommended by the Mayor, the purchase order not exceed the amount of $50,000.00 to Midwest Turf & Irrigation, for repair parts for mowers, for the Park Maintenance Division, is hereby approved. (Will be paid from the General Fund No. 11111 and Organization No. 115021, Machinery/Equipment Repair.) – see attached. 50. RES. 2021-0915 – Res. that, as recommended by the Mayor, the payment to Lion’s Gate Security Solutions, Inc. not to exceed in the amount of $170,000.00, to provide safety and security of staff and patrons at City pools for the 2021 season, is hereby approved. (Will be paid from the General Fund No. 11111 and Organization No. 115335, Pool Admin.) – see attached. 51. RES. 2021-0916 – Res. that, as recommended by the Mayor, the purchase in the amount of $24,113.00 to Midwest Turf & Irrigation, for (15) pieces of equipment for the Golf Division, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and the Finance Department is authorized to pay the Funds in the amount of $24,113.00 from the Golf Operations Fund No. 21114 and Organization Nos. 115511 – Johnny Goodman Golf Course ($7,667.00), 115512 – Benson Golf Course ($2,795.00), 115513 – Elmwood Golf Course ($7,226.00), 115519 – Knolls Golf Course ($6,425.00).) – see attached. 52. RES. 2021-0917 – Res. that, the appointment by Mayor Jean Stothert of Megan E. Shupe as a regular member of the City of Omaha Personnel Board to replace Ms. Ward commencing upon confirmation and expiring on January 28, 2026, be and hereby is confirmed and approved – see attached. - 16 - 53. RES. 2021-0918 – Res. that, the reappointment of Negil L. McPherson as a member of the City of Omaha Personnel Board to serve a term of five years commencing upon Council approval and expiring on August 11, 2026, be and hereby is confirmed – see attached. 54. RES. 2021-0919 – Res. that, the reappointment by Mayor Jean Stothert of Matthew Kortright as an alternate member of the Zoning Board of Appeals, commencing September 1, 2021 and expiring August 31, 2026, be and hereby is confirmed and approved – see attached. Council President Pete Festersen opened the Public Hearing on Items 32 through 54. No one came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that the following items be approved: Item # 32 RESOLUTION # 2021-0927; Item # 33 RESOLUTION # 2021-0928; Item # 34 RESOLUTION # 2021-0929; Item # 35 RESOLUTION # 2021-0930; Item # 36 RESOLUTION # 2021-0931; Item # 37 RESOLUTION # 2021-0932; Item # 38 RESOLUTION # 2021-0933; Item # 39 RESOLUTION # 2021-0934; Item # 40 RESOLUTION # 2021-0935; Item # 41 RESOLUTION # 2021-0936; Item # 42 RESOLUTION # 2021-0902; Item # 43 RESOLUTION # 2021-0903; Item # 44 RESOLUTION # 2021-0909; Item # 45 RESOLUTION # 2021-0910; Item # 46 RESOLUTION # 2021-0911; Item # 47 RESOLUTION # 2021-0912; Item # 48 RESOLUTION # 2021-0913; Item # 49 RESOLUTION # 2021-0914; Item # 50 RESOLUTION # 2021-0915; Item # 51 RESOLUTION # 2021-0916; Item # 52 RESOLUTION # 2021-0917; Item # 53 RESOLUTION # 2021-0918;and, Item # 54 RESOLUTION # 2021-0919; ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 _______________________________________ ORDINANCES ON SECOND READING 55. ORD. 42669 – An ordinance declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing the Carter Lake Emergency Force Main Replacement Public Improvements, project identified as OPW 53651; providing that the City negotiate with the property owners for land acquisition, permanent easements and temporary construction easements, providing that if said parcel cannot be obtained by negotiation, condemnation proceedings be undertaken and completed – (First Reading August 24, 2021; Second Reading and Public Hearing August 31, 2021; Third Reading September 14, 2021) – see attached. (PUBLIC HEARING TODAY) Council President Festersen opened the Public Hearing on Item 55. No one came forward, and the public hearing was closed. - 17 - 56. ORD. 42670 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and O’Keefe Lofts, a Delaware limited liability company, to implement the O’Keefe Lofts Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 1402 Jones Street, which proposes for the rehabilitation and expansion of an office building with historic character in the Central Business District of Omaha for use as first floor retail space with 19 for sale residential condominium units on the upper floors; the agreement authorizes the use of up to $1,700,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading August 24, 2021; Second Reading and Public Hearing August 31, 2021; Third Reading September 14, 2021) – see attached. (PUBLIC HEARING TODAY) Council President Festersen opened the Public Hearing on Item 56. PROPONENTS: Brett Beller, 11440 West Center Road, Attorney for the applicant No one else came forward, and the public hearing was closed. 57. ORD. 42671 – An ordinance to accept the payment to Turfwerks in the total amount of $99,128.00 for the lease two (2) Jacobson HR700 wide area mowers, in the amount of $24,782.00 per year for four (4) years for a total amount of $99,128.00 for the Golf Division – (First Reading August 24, 2021; Second Reading and Public Hearing August 31, 2021; Third Reading September 14, 2021) – see attached. (PUBLIC HEARING TODAY) Council President Festersen opened the Public Hearing on Item 57. No one came forward, and the public hearing was closed. 58. ORD. 42672 – An ordinance to authorize the acceptance of a grant award for the Omaha Police Department in the amount of $408,750.00 from the City of Omaha Police Foundation, Inc., to fund the procurement of a Cellebrite Premium software and subscription for the Omaha Police Department’s Digital Forensics Squad, and one Youth Co-Responder position within the Behavioral Health and Wellness Unit (BHWU) – (First Reading August 24, 2021; Second Reading and Public Hearing August 31, 2021; Third Reading September 14, 2021) – see attached. (PUBLIC HEARING TODAY) Council President Festersen opened the Public Hearing on Item 58. FOR THE CITY: Deputy Chief Michele Bang, Omaha Police Department No one else came forward, and the public hearing was closed. _______________________________________ NON-ACTION ITEMS (Items 59 through 78 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.) - 18 - (CITY COUNCIL WILL NOT MEET ON SEPTEMBER 7, 2021) BAKER’S SQUARE 59. RES. 2021-0899 – Res. that, the Preliminary Plat entitled Baker's Square, a minor plat inside city limits, located southwest of 132nd and Center Streets, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Mike Castellitto – Inside City Limits – see attached. (LAID OVER TO THE SEPTEMBER 14, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS) A. Planning Board and Planning Department recommend approval – see attached. THE TRAILS 60. ORD. 42674 – An ordinance to rezone property located northeast of 192nd Street and George Miller Parkway from AG-Agricultural District to DR-Development Reserve District – (First Reading August 31, 2021; Second Reading September 14, 2021; Third Reading, Public Hearing and Vote September 21, 2021) – see attached. 61. ORD. 42675 – An ordinance to rezone property located northeast of 192nd Street and George Miller Parkway from AG-Agricultural District to R4-Single-Family Residential District (High-Density) – (First Reading August 31, 2021; Second Reading September 14, 2021; Third Reading, Public Hearing and Vote September 21, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 62. RES. 2021-0900 – Res. that, the Final Plat entitled The Trails, a subdivision outside the city limits, located northeast of 192nd Street and George Miller Parkway, is hereby approved and accepted. The applicant is 192 Smart Development, LLC – Outside City Limits – see attached. (LAID OVER TO THE SEPTEMBER 21, 2021 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 60 AND 61) A. Planning Board and Planning Department recommend approval – see attached. 63. RES. 2021-0901 – Res. that, the Subdivision Agreement among the City of Omaha, 192 Smart Development, LLC, The Trails Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 612 of Douglas County, Nebraska, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as The Trails (Lots 1-85 and Outlots A-D) and is located northeast of 192nd Street and George Miller Parkway – see attached. (LAID OVER TO THE SEPTEMBER 21, 2021 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 60 AND 6 1) PLANNING ORDINANCES ON SECOND READING WITH PLANNING BOARD ATTACHMENTS 64. ORD. 42661 – An ordinance to rezone property located at 13303 Potwin Street from R2- Single-Family Residential District (Low-Density) to R4-Single-Family Residential District (High-Density) – (First Reading August 24, 2021; Second Reading August 31, 2021; Third Reading, Public Hearing and Vote September 14, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. - 19 - 65. ORD. 42662 – An ordinance to rezone property located at 9239 Ohio Street from R4(35)- Single-Family Residential District (High-Density) to R5-Urban Family Residential District – (First Reading August 24, 2021; Second Reading August 31, 2021; Third Reading, Public Hearing and Vote September 14, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 66. ORD. 42663 – An ordinance to rezone property located at 7267 Pinkney Street from R3- Single Family Residential District to R5-Urban Family Residential District – (First Reading August 24, 2021; Second Reading August 31, 2021; Third Reading, Public Hearing and Vote September 14, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 67. ORD. 42664 – An ordinance to rezone property located at 5725 South 56th Street from DR-Development Reserve District to R4-Single-Family Residential District (High-Density) – (First Reading August 24, 2021; Second Reading August 31, 2021; Third Reading, Public Hearing and Vote September 14, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 68. ORD. 42665 – An ordinance to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 3352 North 108th Street – (First Reading August 24, 2021; Second Reading August 31, 2021; Third Reading, Public Hearing and Vote September 14, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 69. ORD. 42666 – An ordinance to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 3808 and 3820 North 90th Street – (First Reading August 24, 2021; Second Reading August 31, 2021; Third Reading, Public Hearing and Vote September 14, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 70. ORD. 42667 – An ordinance to amend the boundaries of the ACI-4(PL)-Area of Civic Importance Overlay District, to incorporate into that district the property located at 5906 Abbott Drive – (First Reading August 24, 2021; Second Reading August 31, 2021; Third Reading, Public Hearing and Vote September 14, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 71. ORD. 42668 – An ordinance to adopt a PK-Parking Overlay District in a R7-Medium- Density Multiple-Family Residential District, located at 2208 N Street, to approve the Parking Plan – (First Reading August 24, 2021; Second Reading August 31, 2021; Third Reading, Public Hearing and Vote September 14, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. PLANNING ORDINANCE ON FIRST READING WITH PLANNING BOARD ATTACHMENT 72. ORD. 42673 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay District in a R7-Medium-Density Multiple-Family Residential District, located at 406 - 20 - Woolworth Avenue, to approve the Development Plan – (First Reading August 31, 2021; Second Reading September 14, 2021; Third Reading, Public Hearing and Vote September 21, 2021) – see attached. A. Planning Board and Planning Department recommend approval – see attached. TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS 73. RES. 2021-0904 – Res. that, the 508 and 1904 Tax Increment Financing (TIF) Redevelopment Project Plan for the redevelopment project that includes sites located at 508 S. 19th Street and at 1904 Farnam Street, which proposes the demolition of the existing building at 508 S. 19th Street and the construction of a new five story structure with 59 affordable housing units; and the comprehensive rehabilitation of the National Register historic building at 1904 Farnam Street for reuse as a mixed use building with 54 Low Income Housing Tax Credit (LIHTC) funded apartment units on the upper floors, street level commercial space and a speakeasy bar in the basement, and authorizes the City’s participation through the allocation of TIF in an amount up to $2,373,961.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to acquisition, demolition, site preparation, architectural and engineering costs, and public improvements as required, with the applicant contributing $35,000.00 of the TIF loan proceeds to the Downtown Public Improvement, 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 SEPTEMBER 21, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING) 74. RES. 2021-0905 – Res. that, the Highlander Phase IV Tax Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located South and East of Burdette and North 30th Streets, which proposes the new construction of 20 residential structures with a total of 108 residential units, to include one mixed use building with 49 apartment units, and authorizes the City’s participation through the allocation of TIF in an amount up to $1,480,000.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to site preparation, demolition, architectural and engineering costs, various studies, 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 SEPTEMBER 21, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING) 75. RES. 2021-0906 – Res. that, the 1120 Lofts Tax Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located at 1120 North 20th Street, which proposes the new construction of a three story apartment building with thirty rental units, and authorizes the City’s participation through the allocation of TIF in an amount up to $485,000.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to acquisition, site preparation, architectural and engineering costs, 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 - 21 - attached. (LAID OVER TO THE SEPTEMBER 21, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING) 76. RES. 2021-0907 – Res. that, the proposed Extremely Blighted Areas shown on the map included in Exhibit “C”, which has a study area generally bounded, by Mary and Whitmore Streets on the north, Pratt Street on the south, 38th Street on the east, and 60th Avenue on the west are hereby declared to meet the definition of Extremely Blighted Area in compliance with the requirements of Nebraska Community Development Law and are hereby designated as Extremely Blighted Areas – see attached. (LAID OVER TO THE SEPTEMBER 21, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING) 77. RES. 2021-0908 – Res. that, the Bluestem Phases 1 & 2 Tax Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located along Forest Lawn Avenue between Mary Plaza and Curtis Avenue, which proposes transforming the vacant, former Wintergreen Apartment site and additional adjacent vacant parcels to the south of that site into a new, 87 single-family, multi-generational, affordable housing redevelopment constructed in two phases, and authorizes the City’s participation through the allocation of TIF in an amount up to $3,440,000.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to acquisition, architectural and engineering, sidewalks, excavation, grading, demolition, lot clearing, 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 SEPTEMBER 21, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING) ORDINANCE ON FIRST READING 78. ORD. 42676 – An ordinance to approve the acceptance of the City of Omaha and Douglas County joint application to the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA), FY 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, Application #A-389089, in the amount of $409,839.00 for law enforcement programs, prevention and education programs, prosecution and court programs, corrections and community corrections programs, and planning, evaluation and technology improvement programs during the period of October 1, 2021 to September 30, 2024; to provide the Council an opportunity for review and public comment for such application; and upon award of such grant to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter – (First Reading August 31, 2021; Second Reading and Public Hearing September 21, 2021; Third Reading September 28, 2021) – see attached. MOTION by Harding, SECOND by Festersen that the Second Reading and Public Hearing for ORDINANCE # 42676 be postponed to the September 21, 2021 City Council meeting ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 - 22 - EXECUTIVE SESSION 79. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation. ADJOURNMENT: MOTION by Palermo, SECOND by Harding that the meeting be adjourned ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: None Absent: Johnson MOTION APPROVED 6-0 MEETING ADJOURNED AT: 4:03 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 August 31, 2021. WITNESS: CITY CLERK: s/Sherri Brown s/Elizabeth Butler ______________________________________ _____________________________________ Sherri Brown, Executive Secretary Elizabeth Butler CITY OF OMAHA CITY COUNCIL PRE-COUNCIL MEETING JOURNAL TUESDAY, AUGUST 31, 2021 ROSKENS ROOM, FARNAM LEVEL @ 10:30 A.M. Omaha/Douglas Civic Center 1819 Farnam Street, Omaha, NE 68183 www.cityofomaha.org THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, August 31, 2021 at 10:30 A.M, in the Roskens Room, Farnam Level, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Pete Festersen. Present were Councilmembers Begley, Harding, Melton, Palermo, Rowe, Mr. President (Festersen); Absent the entire meeting was Councilmember Johnson. Others present were: Jim Dowding, Elizabeth Butler, Kimberly Hoesing, Bob Stubbe, Dave Fanslau, Steve Curtiss, Deb Sander, Troy Anderson, Kevin Andersen, Todd Pfitzer, Jim Theiler, Liz Birkel-Leddy, Steve Scarpello, Amber Parker, Ed Reyes, Bernard in den Bosch, Jeff Riesselman, Don Seten, Matt Kalcevich, Bill Lukash, Eric Englund, Andrew Brott, Jennifer Taylor, Ryan Haas, Derek Miller. CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT 1. City Clerk certified publication in the Daily Record, the Official Newspaper of the City of Omaha on August 27, 2021, notice of the Pre-Council and Regular City Council Meetings, August 31, 2021. 2. A current copy of the Open Meeting Act was located on the table next to the City Clerk. DISCUSSION TOPICS 3. Discussion of Agenda Items 6, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23 and 78. EXECUTIVE SESSION 4. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation. ADJOURNMENT MEETING ADJOURNED AT: 10:49 A.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 Pre-Council Meeting of the City of Omaha held on August 31, 2021. WITNESS: CITY CLERK: s/Sherri Brown s/Elizabeth Butler _________________________________ ___________________________________ Sherri Brown, Executive Secretary Elizabeth Butler