2021-11-02j
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JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, NOVEMBER 2, 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
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THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, November 2,
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 Begley, Harding,
Johnson, Melton, Palermo, Rowe, Mr. President (Festersen) – CCID # 2021-1138.
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 October 29, 2021, notice of the Pre-Council and Regular City Council
Meetings, November 2, 2021 – CCID # 2021-1139.
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.
CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT
4. City Clerk certifies publication in the Daily Record, the Official Newspaper of the City of
Omaha on October 29, 2021, notice of the Pre-Council and Regular City Council
Meetings, November 2, 2021.
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
RECONSIDERATION
Motion by Councilmember Harding to reconsider:
6. RES. 2021-1126 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with The Schemmer Associates, Inc., in the amount of $60,000.00, to
provide professional services on the Residential Snow Plow Inspectors for 2021-2022
Winter Season, is hereby approved. (The Finance Department is authorized to pay a fee
not to exceed $60,000.00, from the Street and Highway Allocation Fund 12131, Snow
and Ice Control Organization 116154, year 2021 funding.) – see attached.
A. Motion and Second (for the reconsideration)
B. Vote on reconsideration (REQUIRES VOTE OF 4)
The following persons were called to appear and spoke:
FOR THE CITY:
Bob Stubbe, Director, Public Works Department
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David Grauman, Human Resources Department
Todd Pfitzer, Public Works Department
MOTION by Harding, SECOND by Melton to reconsider RESOLUTION # 2021-1126
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Rowe, Mr. President
Nays: Palermo
MOTION APPROVED 6-1
MOTION by Melton, SECOND by Harding that RESOLUTION # 2021-1126 be approved
ROLL CALL:
Yeas: Harding, Melton, Rowe, Mr. President
Nays: Begley, Johnson, Palermo
MOTION APPROVED 4-3
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PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS
BAKER’S SQUARE
City Clerk Elizabeth Butler stated that Items 7 and 8 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 October 19, 2021.)
7. ORD. 42729 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located southwest
of 132nd and Center Streets – (First Reading October 19, 2021; Second Reading
October 26, 2021; Third Reading, Public Hearing and Vote November 2, 2021) – see
attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
8. RES. 2021-1074 – Res. that, the Final Plat transmitted entitled Baker's Square, a minor
plat inside city limits, located southwest of 132nd and Center Streets, is hereby
accepted; and concurrently portions of the existing plat entitled Kingswood Estates and
described on said replat, are hereby vacated. The applicant is Mike Castellitto – Inside
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 Items 7 and 8.
The following person(s) appeared and spoke:
PROPONENTS:
Doug Dreessen, Thompson, Dreessen & Dorner, 10836 Old Mill Road
No one else came forward, and the public hearing was closed.
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MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 7 ORDINANCE # 42729; and, Item # 8 RESOLUTION # 2021-1074;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
MIRACLE HILLS SHOPPING CENTER
City Clerk Elizabeth Butler stated that Items 9 and 10 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 October 19, 2021.)
9. ORD. 42730 – An ordinance to amend the boundaries of the ACI-3(PL) Area of Civic
Importance Overlay District for the property located Northwest of 114th Street and West
Dodge Road – (First Reading October 19, 2021; Second Reading October 26, 2021;
Third Reading, Public Hearing and Vote November 2, 2021) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
10. RES. 2021-1075 – Res. that, the Final Plat transmitted entitled Miracle Hills Shopping
Center, a minor plat inside city limits, located northwest of 114th Street and West Dodge
Road, is hereby accepted; and concurrently portions of the existing plat entitled Miracle
Hills Shopping Center and described on said replat, are hereby vacated. The applicant is
Perkins Properties, Inc – Inside 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 Items 9 and 10.
The following person(s) appeared and spoke:
PROPONENTS:
Jason Perreault, Olsson Associates, 2111 South 67th Street
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 9 ORDINANCE # 42730; and, Item # 10 RESOLUTION # 2021-1075;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
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SERENITY ESTATES
City Clerk Elizabeth Butler stated that Items 11 through 14 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 October 19, 2021.)
11. ORD. 42718 – An ordinance to rezone property located northwest of Skyline Drive and
Old Center Road from AG-Agricultural District to DR-Development Reserve District –
(First Reading October 19, 2021; Second Reading October 26, 2021; Third Reading,
Public Hearing and Vote November 2, 2021) – see attached. (PUBLIC HEARING AND
VOTE TODAY)
12. ORD. 42719 – An ordinance to rezone property located northwest of Skyline Drive and
Old Center Road from AG-Agricultural District to R4-Single-Family Residential District
(High-Density) – (First Reading October 19, 2021; Second Reading October 26, 2021;
Third Reading, Public Hearing and Vote November 2, 2021) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
13. RES. 2021-1067 – Res. that, the Final Plat entitled Serenity Estates (Lots 1-21, Outlots
A-B) (formerly known as Skyline Ridge Estates), a subdivision outside city limits, located
northwest of Skyline Drive and Old Center Road, is hereby approved and accepted. The
applicant is Skyline Ridge Estates, LLC – Outside City Limits – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
14. RES. 2021-1068 – Res. that, the Subdivision Agreement among the City of Omaha,
Skyline Ridge Estates, LLC, and The Serenity Estates Home Owners Association, as
recommended by the Mayor, is hereby approved. The Subdivision is to be known as
Serenity Estates (Lots 1-21 and Outlots A-B) and is located northwest of Skyline Drive
and Old Center Road – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Items 11 through 14.
The following person(s) appeared and spoke:
PROPONENTS:
Doug Dreessen, Thompson, Dreessen & Dorner, 10836 Old Mill 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 # 11 ORDINANCE # 42718; Item # 12 ORDINANCE # 42719;
Item # 13 RESOLUTION # 2021-1067; and, Item # 14 RESOLUTION # 2021-1068;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
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SHADOW GLEN NORTH
City Clerk Elizabeth Butler stated that Items 15 through 20 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 October 19, 2021.)
15. ORD. 42715 – An ordinance to rezone property located southeast of 168th Street and
Bedford Avenue from DR-Development Reserve District to DR-Development Reserve
District – (First Reading October 19, 2021; Second Reading October 26, 2021; Third
Reading, Public Hearing and Vote November 2, 2021) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
16. ORD. 42716 – An ordinance to rezone property located southeast of 168th Street and
Bedford Avenue from DR-Development Reserve District to R4-Single Family Residential
District (High Density) – (First Reading October 19, 2021; Second Reading October 26,
2021; Third Reading, Public Hearing and Vote November 2, 2021) – see attached.
(PUBLIC HEARING AND VOTE TODAY)
17. ORD. 42717 – An ordinance to rezone property located southeast of 168th Street and
Bedford Avenue from DR-Development Reserve District to R6-Low Density Multiple
Family Residential District – (First Reading October 19, 2021; Second Reading October
26, 2021; Third Reading, Public Hearing and Vote November 2, 2021) – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
18. RES. 2021-1064 – Res. that, the Revised Preliminary Plat entitled Shadow Glen North
Replat 2, a subdivision outside city limits, with a waiver to Section 53-8(4)(d), Lot
frontage, located southeast of 168th Street and Bedford Avenue, along with the
conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is
hereby authorized. The applicant is Lane Building Corporation – Outside City Limits –
see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
19. RES. 2021-1065 – Res. that, the Final Plat entitled Shadow Glen North Replat 2, a
subdivision outside city limits, located southeast of 168th Street and Bedford Avenue, is
hereby approved and accepted; and that the replat transmitted herewith entitled Shadow
Glen North Replat 2, is hereby approved, and concurrently a portion of the existing plat
entitled Shadow Glen North, and described on said replat, is hereby vacated. The
applicant is Lane Building Corporation – Outside City Limits – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
20. RES. 2021-1066 – Res. that, the Subdivision Agreement among the City of Omaha,
Lane Building Corporation, The Shadow Glen North Owners Association, and Sanitary
and Improvement District (S.&I.D.) 497 of Douglas County, Nebraska, as recommended
by the Mayor, is hereby approved. The Subdivision is to be known as Shadow Glen
North Replat 2 (Lots 1-36 and Outlot A) and is located southeast of 168th Street and
Bedford Avenue – see attached. (PUBLIC HEARING AND VOTE TODAY)
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Council President Pete Festersen opened the Public Hearing on Items 15 through 20.
The following person(s) appeared and spoke:
PROPONENTS:
Mark Johnson, 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 # 15 ORDINANCE # 42715; Item # 16 ORDINANCE # 42716;
Item # 17 ORDINANCE # 42717; Item # 18 RESOLUTION # 2021-1064;
Item # 19 RESOLUTION # 2021-1065; and, Item # 20 RESOLUTION # 2021-1066;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
KIEWIT’S SUBDIVISION REPLAT 1
City Clerk Elizabeth Butler stated that Items 21 through 26 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 October 19, 2021.)
21. ORD. 42731 – An ordinance to rezone property located southeast of 27th and
Leavenworth Streets from R7-Medium-Density Multiple-Family Residential District and
GC-General Commercial District to TOD-2-MX-Transit Oriented Development District-
Mixed Use – (First Reading October 19, 2021; Second Reading October 26, 2021; Third
Reading, Public Hearing and Vote November 2, 2021) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
22. ORD. 42732 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay
District in a TOD-2-MX-Transit Oriented Development District-Mixed Use located
southeast of 27th and Leavenworth Streets, to approve the Development Plan – (First
Reading October 19, 2021; Second Reading October 26, 2021; Third Reading, Public
Hearing and Vote November 2, 2021) – see attached. (PUBLIC HEARING AND VOTE
TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
23. ORD. 42733 – An ordinance to repeal the ACI-1-Areas of Civic Importance Overlay
District, for property located southeast of 27th and Leavenworth Streets – (First Reading
October 19, 2021; Second Reading October 26, 2021; Third Reading, Public Hearing
and Vote November 2, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
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24. ORD. 42734 – An ordinance to repeal the PK-Parking Overlay District, for property
located at 2612 Marcy Street – (First Reading October 19, 2021; Second Reading
October 26, 2021; Third Reading, Public Hearing and Vote November 2, 2021) – see
attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
25. RES. 2021-1076 – Res. that, the Final Plat transmitted entitled Kiewit’s Subdivision
Replat 1, a minor plat inside city limits, located southeast of 27th and Leavenworth
Streets, is hereby accepted; and concurrently portions of the existing plats entitled
Kiewit’s Subdivision and Marsh’s Addition to Omaha, and described on said replat, are
hereby vacated. The applicant is Neeraj Agarwal – Inside City Limits – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
26. RES. 2021-1077 – Res. that, the Subdivision Agreement between the City of Omaha
and 27Leavenworthowner, LLC, as recommended by the Mayor, is hereby approved.
The Subdivision is to be known as Kiewit’s Subdivision Replat 1 (Lot 1) and is located
southeast of 27th and Leavenworth Streets – see attached. (PUBLIC HEARING AND
VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Items 21 through 26.
The following person(s) appeared and spoke:
PROPONENTS:
Tom McLeay, Clarity Development, 3814 Farnam Street
Scott Loos, Thompson, Dreessen & Dorner, 10836 Old Mill Road (via Zoom)
OPPONENTS:
Larry Storer, 5015 Lafayette Avenue
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Harding that the following items be approved:
Item # 21 ORDINANCE # 42731; Item # 22 ORDINANCE # 42732;
Item # 23 ORDINANCE # 42733; Item # 24 ORDINANCE # 42734;
Item # 25 RESOLUTION # 2021-1076; and, Item # 26 RESOLUTION # 2021-1077;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
PLANNING ORDINANCES ON FINAL READING WITH PLANNING BOARD ATTACHMENTS
(Required notices of public hearings relating to these developments were published in the Daily
Record on October 19, 2021.)
27. ORD. 42720 – An ordinance to rezone property located southeast of 30th and Burdette
Streets from R7-Medium-Density Multiple-Family Residential District to CC-Community
Commercial District (property is located within an ACI-1 Overlay District) – (First
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Reading October 19, 2021; Second Reading October 26, 2021; Third Reading, Public
Hearing and Vote November 2, 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 27.
The following person(s) appeared and spoke:
PROPONENTS:
Terry Morrison, 3552 Farnam Street, for the developer
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Harding that ORDINANCE # 42720 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
28. ORD. 42721 – An ordinance to rezone property located at 906 and 910 North 16th
Street from DS-Downtown Service District to CBD-Central Business District (property is
located within an ACI-1-Areas of Civic Importance Overlay District) – (First Reading
October 19, 2021; Second Reading October 26, 2021; Third Reading, Public Hearing
and Vote November 2, 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 28.
The following person(s) appeared and spoke:
PROPONENTS:
Victor Ramirez, Paladino Development Group, 619 South 20th Street
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Festersen that ORDINANCE # 42721 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
29. ORD. 42722 – An ordinance to rezone property located at 1402 Jones Street from DS-
Downtown Service District to CBD-Central Business District (property is located within
an ACI-1-Areas of Civic Importance Overlay District) – (First Reading October 19, 2021;
Second Reading October 26, 2021; Third Reading, Public Hearing and Vote November
2, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
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B. Request from the applicant to withdraw this item – see attached.
MOTION by Melton, SECOND by Harding that ORDINANCE # 42722 be withdrawn
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
City Clerk Elizabeth Butler stated that Items 30 and 31 relate to the same project and would be
considered together.
30. ORD. 42723 – An ordinance to rezone property located at 8910 and 8920 Fort Street
from CC-Community Commercial District and GC-General Commercial District to CC-
Community Commercial District – (First Reading October 19, 2021; Second Reading
October 26, 2021; Third Reading, Public Hearing and Vote November 2, 2021) – see
attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
31. ORD. 42724 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 8910 and
8920 Fort Street – (First Reading October 19, 2021; Second Reading October 26, 2021;
Third Reading, Public Hearing and Vote November 2, 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 30 and 31.
The following person(s) appeared and spoke:
PROPONENTS:
Dan Rudolph, 3201 Durado Court, Lincoln, NE
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 30 ORDINANCE # 42723; and, Item # 31 ORDINANCE # 42724 be approved;
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
City Clerk Elizabeth Butler stated that Items 32 and 33 relate to the same project and would be
considered together.
32. ORD. 42725 – An ordinance to rezone property located at 2014 and 2016 Pierce Street
from GI-General Industrial District to R5-Urban Family Residential District – (First
Reading October 19, 2021; Second Reading October 26, 2021; Third Reading, Public
Hearing and Vote November 2, 2021) – see attached. (PUBLIC HEARING AND VOTE
TODAY)
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A. Planning Board and Planning Department recommend approval – see attached.
33. ORD. 42726 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay
District in a R5-Urban Family Residential District, located at 2014 and 2016 Pierce
Street, to approve the Development Plan – (First Reading October 19, 2021; Second
Reading October 26, 2021; Third Reading, Public Hearing and Vote November 2, 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 32 and 33.
The following person(s) appeared and spoke:
PROPONENTS:
Grace Longley, 1325 Lynnwood Lane
Doug Dreessen, Thompson, Dreessen & Dorner, 10836 Old Mill Road
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Harding that the following items be approved:
Item # 32 ORDINANCE # 42725; and, Item # 33 ORDINANCE # 42726;
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
City Clerk Elizabeth Butler stated that Items 34 and 35 relate to the same project and would be
considered together.
34. ORD. 42727 – An ordinance to rezone property located southeast of 27th and Cuming
Streets from GO-General Office District and GI-General Industrial District to DS-
Downtown Service District – (First Reading October 19, 2021; Second Reading October
26, 2021; Third Reading, Public Hearing and Vote November 2, 2021) – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
35. ORD. 42728 – An ordinance to amend the boundaries of the ACI-1 Areas of Civic
Importance Overlay District for the property located southeast of 27th and Cuming
Streets – (First Reading October 19, 2021; Second Reading October 26, 2021; Third
Reading, Public Hearing and Vote November 2, 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 34 and 35.
The following person(s) appeared and spoke:
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PROPONENTS:
Brian Halsey, RDG Planning and Design, 1302 Howard Street
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Harding that the following items be approved:
Item # 34 ORDINANCE # 42727; and, Item # 35 ORDINANCE # 42728;
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
SPECIAL USE PERMITS
36. RES. 2021-1069 – Res. that, the Special Use Permit application submitted by Ron
Hackett for a Special Use Permit to allow Restaurant (drive-in) in the GI-General
Industrial District (property is located within an ACI-2-Areas of Civic Importance Overlay
District), located at 4416 Dodge Street, 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 and 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 36.
The following person(s) appeared and spoke:
PROPONENTS:
Victor Ramirez, Paladino Development Group, 619 South 20th Street
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Festersen that RESOLUTION # 2021-1069 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
37. RES. 2021-1070 – Res. that, the Special Use Permit application submitted by Brad
Lauth for a Special Use Permit to allow Construction sales and service in the CC-
Community Commercial District (pending) (property is located within the FF-Flood Fringe
Overlay District) located northwest of Rose Blumkin Drive and Harney Street, 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 and the proposed Special Use
Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set
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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 37.
The following person(s) appeared and spoke:
PROPONENTS:
Eric Williams, Olssen Associates, 2111 South 67th Street
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Harding that RESOLUTION # 2021-1070 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
38. RES. 2021-1071 – Res. that, the Special Use Permit application submitted by Carthell
Sherrill for a Special Use Permit to allow Small group living (nondisabled) in the R4(35)
Single-Family Residential District (High-Density), located at 2118 Grand Avenue, 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 and 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 38.
The following person(s) appeared and spoke:
PROPONENTS:
Carthell Sherrill, 2118 Grand Avenue, owner
Dante West, 1020 North 40th Street
OPPONENTS:
Larry Storer, 5015 Lafayette Avenue
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Harding that RESOLUTION # 2021-1071 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
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39. RES. 2021-1072 – Res. that, the Special Use Permit application submitted by Kenneth
P. Dukat for a Special Use Permit to allow Custom manufacturing in the CC-Community
Commercial District (portions of the property are located within a FF-Flood Fringe
Overlay District), located at 20343 Blondo Parkway, 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 and 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 39.
The following person(s) appeared and spoke:
PROPONENTS:
Ken Dukat, 7370 South 225th Street, Gretna, NE
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-1072 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
40. RES. 2021-1073 – Res. that, the Special Use Permit application submitted by the
Nebraska Youth Justice Initiative for a Special Use Permit to allow a Recreational club in
the R1-Single-Family Residential District (Large Lot), located at 5020 Grand Avenue, 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 and 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 40.
The following person(s) appeared and spoke:
PROPONENTS:
David Levy, Baird Holm, 1700 Farnam Street
Ashley Kuhn, Blair Freeman, 4616 Dodge Street
OPPONENTS:
Diane Watson-Hodges, 5208 Larimore Avenue
Luis Jimenez, 2709 Dewey Avenue
Larry Storer, 5015 Lafayette Avenue
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No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Festersen that RESOLUTION # 2021-1073 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
LIQUOR
41. RES. 2021-1104 – Class C Liquor License for CMC Mouth of the South, LLC, dba
“Mouth of the South”, located at 1111 Harney Street. (This is a new application for a
new location – formally Old Chicago). Notice was posted on the property on 10-06-
2021; Notification was sent to property owners within 500 feet on 10-15-2021 – see
attached. (POSTPONED FROM THE OCTOBER 26, 2021 CITY COUNCIL MEETING,
PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 41.
The following person(s) appeared and spoke:
PROPONENTS:
Ryan Ernst, 3422 Forest Lawn Avenue, owner
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Festersen that RESOLUTION # 2021-1104 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, 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 42 through
48 were held on October 26, 2021.
(Required notices of the public hearings were published in the Daily Record on October 22,
2021.)
42. ORD. 42735 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement between the City of Omaha and West Management, LLC, for
Roanoke Business Park, located southeast of 120th Street and Roanoke Boulevard, to
allow a multi-family residential development, providing site development standards –
(First Reading October 19, 2021; Second Reading and Public Hearing October 26, 2021;
Third Reading November 2, 2021) – see attached.
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A. Planning Board and Planning Department recommend approval – see attached.
43. ORD. 42736 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and 1701, LLC, to
implement the Bluestem Phase 1 & 2 Tax Increment Financing (TIF) Redevelopment
Project Plan for a redevelopment project site located North of Forest Lawn and Curtis
Avenues, which proposes transforming the vacant, former Wintergreen Apartment site
and additional adjacent vacant parcels to the south into a new large, multi-generational,
affordable housing redevelopment of 87 single-family homes constructed in two phases;
the agreement authorizes the use of up to $3,440,000.00, plus accrued interest, in
excess ad valorem taxes (TIF) generated by the development to help fund the cost of
the project – (First Reading October 19, 2021; Second Reading and Public Hearing
October 26, 2021; Third Reading November 2, 2021) – see attached.
44. ORD. 42737 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code
concerning employment classifications by adding the employment classification entitled
Grant Manager with a salary range of 22.3 MC ($82,618.00 to $102,814.00); to repeal
Section 23 - 177 as heretofore existing – (First Reading October 19, 2021; Second
Reading and Public Hearing October 26, 2021; Third Reading November 2, 2021) – see
attached.
A. Personnel Board recommends approval.
45. ORD. 42738 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code
by changing the title of the class specification entitled Grant Writer to Grant Assistant; by
changing the title of the class specification entitled Grant Administrator to Assistant
Grant Manager; to repeal Section 23 - 177 as heretofore existing – (First Reading
October 19, 2021; Second Reading and Public Hearing October 26, 2021; Third Reading
November 2, 2021) – see attached.
A. Personnel Board recommends approval.
46. ORD. 42739 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the Nebraska Department of Transportation –
Highway Safety Office, Highway Safety Programs Grant in the amount of $95,000.00,
during the project period of October 1, 2021 to September 30, 2022; to support
educational presentations by the Omaha Police Department for the Project Night Life
Expansion as detailed in the 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 October 19, 2021; Second
Reading and Public Hearing October 26, 2021; Third Reading November 2, 2021) – see
attached.
47. ORD. 42740 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the U.S. Department of Justice – Drug Enforcement
Administration in the amount of $58,116.00, during the project period of October 1, 2021
to September 30, 2022; to be utilized by the Omaha Police Department to reimburse
overtime rate for all funded Task Force positions; 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 October 19, 2021; Second
Reading and Public Hearing October 26, 2021; Third Reading November 2, 2021) – see
attached.
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48. ORD. 42741 – An ordinance authorizing and approving a Lease Purchase Agreement
between the City of Omaha Public Facilities Corporation and the City of Omaha,
Nebraska a copy of which Agreement is Exhibit A and incorporated herein by this
reference, to provide funds: (1) for the lease-purchase of and the financing of the costs
of renovating, revitalizing and constructing improvements to certain parks in downtown
Omaha known as the Riverfront Revitalization Area, (2) for the lease-purchase of and
the financing of certain equipment for use by various City departments, and (3) to
advance refund and defease certain outstanding bonded indebtedness of the
Corporation; directing the Finance Department to give notices of such defeasance and
redemption of the Refunded Bonds, as applicable; authorizing and approving multiple
Amended and Restated Site Lease Agreements between the Corporation and the City
for the leasing of the project sites by the City to the Corporation, copies of which Site
Leases are Exhibit B and incorporated herein by this reference; authorizing and
approving a Bill of Sale by the City to the Corporation for the sale of certain equipment to
the Corporation, a copy of which Bill of Sale is Exhibit C and incorporated herein by this
reference; approving an Indenture of Trust between the Corporation and BOKF, National
Association, as Trustee and Paying Agent, a copy of which Indenture is Exhibit D and
incorporated herein by this reference; approving the terms and conditions of the
Corporation's approximately $70,000,000.00 aggregate principal amount Lease
Revenue and Refunding Bonds, to be issued in one or more series and to be designated
as either tax-exempt or taxable obligations as set forth in the Indenture and the issuance
and delivery thereof; delegating authority to the City's Finance Director to determine the
number of series, final prices, interest rates, principal amounts, the tax-exempt or
taxable status and redemption provisions for the Bonds; and satisfying applicable federal
income tax law requirements for any series of bonds issued as tax-exempt obligations –
(First Reading October 19, 2021; Second Reading and Public Hearing October 26, 2021;
Third Reading November 2, 2021) – see attached.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 42 ORDINANCE # 42735; Item # 43 ORDINANCE # 42736;
Item # 44 ORDINANCE # 42737; Item # 45 ORDINANCE # 42738;
Item # 46 ORDINANCE # 42739; Item # 47 ORDINANCE # 42740; and,
Item # 48 ORDINANCE # 42741;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
Council President Festersen announced that the public hearings on Agenda Items 49 through
66 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
49. RES. 2021-1145 – Liquor License Manager Application – Star, Inc., dba “Max”, 1417
Jackson Street, request permission to appoint Anthony J. Tirendi manger to their present
Class “C” Liquor License location – see attached.
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50. RES. 2021-1146 – Liquor License Manager Application – Italian Restaurant Group, LLC,
dba “Carrabba’s Italian Grill”, 14520 West Maple Road, request permission to appoint
Latania A. Kinch-Rice manger to their present Class “IK” Liquor License location – see
attached.
51. RES. 2021-1147 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Charlie’s Excavating, Inc., DIY Holding
Company LLC, DPS LLC, Freight Train Express, NSRM LLC, Pink Grading, Inc., for the
rental of Wheel Loaders and Snow Hauling Equipment including Operators for the 2021-
2022 Winter Season by the Street Maintenance Division. (The Finance Department is
authorized to pay the cost of this rental from the Street Allocation Fund 12131, Snow
and Ice Control Organization 116154, year 2021 funding.) – see attached.
52. RES. 2021-1148 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to EnviroTech Services Inc., GMCO Corporation,
Buckley Powder Co. dba Husker Chem., Pelican Chemicals Inc. for the purchase of
Liquid De-Icing Materials to be utilized by the Street Maintenance Division. (The Finance
Department is authorized to pay the cost of this purchase from the Street and Highway
Allocation Fund 12131, Snow and Ice Control Organization 116154, year 2021 funding.)
– see attached.
53. RES. 2021-1149 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to NMC Cat, in the amount of $217,240.00, for the
purchase of one (1) Cat 930M wheel loader, to be utilized by the Sewer Maintenance
Division. (The Finance Department is authorized to pay the cost of this purchase from
the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2021
funding.) – see attached.
54. RES. 2021-1150 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to NMC Cat, in the amount of $297,524.00, for the
purchase of one (1) Cat 950GC wheel loader, to be utilized by the Sewer Maintenance
Division. (The Finance Department is authorized to pay the cost of this purchase from
the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2021
funding.) – see attached.
55. RES. 2021-1151 – Res. that, as recommended by the Mayor, the contract with N L & L
Concrete, Inc., in the amount of $277,487.00, for OPW 53947, being the S 32nd Street
from Harrison Street to Polk Street Improvements, a 5B Project, is hereby approved.
(The Finance Department is authorized to pay the cost of $277,487.00, from the 2020
Street Preservation Bond Fund 13191, Street Improvement Organization 116165.) – see
attached.
56. RES. 2021-1152 – Res. that, as recommended by the Mayor, Change Order No. 1 with
Fauss Construction, Inc., in the amount of $66,711.00, for additional work on OPW
53889, being the Fire Station Kitchen Renovations - Various Locations Project, is hereby
approved. (The Finance Department is authorized to pay an additional sum of
$66,711.00 for this change order, from the 2018 Public Facilities Fund 13247, Fire
Capital Organization 114512.) – see attached.
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57. RES. 2021-1153 – Res. that, as recommended by the Mayor, Amendment No. 1 to the
Professional Services Agreement with JEO Consulting Group, Inc., in the amount of
$85,005.00, for construction phase engineering services on OPW 54043, being the 5B
Alleyway Project - Package 1 Project, is hereby approved. (The Finance Department is
authorized to pay the additional fee not to exceed $85,005.00, from the 2020 Street
Preservation Bond Fund 13191, Transportation Bonds Organization 117117.) – see
attached.
58. RES. 2021-1154 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Snyder & Associates, Inc., in the amount of $70,000.00, to provide
professional engineering services on OPW 54227, being the Blondo Street Wall Repairs,
Blondo Street from 108th Street to 135th Street Project, is hereby approved. (The
Finance Department is authorized to pay a fee not to exceed $70,000.00, from the 2018
Transportation Bond Fund 13185, Transportation Bonds Organization 117117.) – see
attached.
59. RES. 2021-1155 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with RJN Group, Inc., in the amount of $99,900.00, to provide professional
engineering services on the Big Papillion Creek Sub Basin Study, known as the BP- 4.4
SSES Study, which is generally bounded by L Street to the north, S Street to south, 51st
Street on the west, and 45th Street on the east, is hereby approved. (The Finance
Department is authorized to pay a fee not to exceed $99,900.00, from the Sewer
Revenue Fund 21121, Sewer Planning Unit Organization 116512, year 2021 funding.) –
see attached.
60. RES. 2021-1156 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Holland Basham Architects, Inc., in the amount of $61,750.00, to
provide professional engineering services on the Omaha Police Impound Storage
Facility Project, is hereby approved. (The Finance Department is authorized to pay a fee
not to exceed $61,750.00, from the 2018 Public Facilities Bond Fund 13247, Capital
Organization 116262.) – see attached.
61. RES. 2021-1157 – Res. that, the Grant Agreement, as recommended by the Mayor, to
provide funding in the amount of $48,063.00 for the Lead-based Paint Hazard Control
work to the property owned by Metay Vinson located at 1902 Wirt Street, is hereby
approved. The contract is to be awarded to Rife Construction Inc. (Funds shall be paid
as follows: $48,063.00 from Lead 2019 NELHD, Fund No. 12136, Org. No. 128104.) –
see attached.
62. RES. 2021-1158 – Res. that, as recommended by the Park and Recreation Advisory
Board, approval of the Indian Pointe Park improvements project in the amount of
$157,000.00, which includes a new parking lot, concrete walks, a full basketball court,
site grading, and drainage and seeding. (Funding is allocated through the Bond Fund for
Douglas County SID #559 – Indian Pointe and SID #580 – Indian Pointe Phase 2) – see
attached.
63. RES. 2021-1159 – Res. that, as recommended by the Mayor, the bid in the total amount
of $470,000.00 from Dostals Construction Co., Inc. to renovate the playground, picnic
area and add additional parking at Brown Park, is hereby accepted. (The Finance
Department is authorized to pay the Funds in the amount of $470,000.00 to Dostals
Construction Co. Inc. from the 2018 Parks and Recreation Fund 13357, Organization
No. 117317, Parks and Cultures Bonds, Project I.D. No. 1989P504.) – see attached.
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64. RES. 2021-1160 – Res. that, as recommended by the Mayor, the bid in the total amount
of $157,000.00 from Dostals Construction Co., Inc. to furnish all labor, materials and
equipment necessary for the construction of the kayak launch at Flanagan Lake, is
hereby accepted. (The Finance Department is authorized to pay the Funds in the
amount of $157,000.00 to Dostals Construction Co. Inc. from the 2018 Parks and
Recreation Fund 13357, Organization No. 117317, Parks and Cultures Bonds, Project
I.D. No. 2011P501.) – see attached.
65. RES. 2021-1161 – Res. that, as recommended by the Mayor, the Resolution in the total
amount of $49,360.00 for HGM Associates to perform professional services for the
Keystone Trail Retaining Walls, is hereby approved. (The Finance Department is
authorized to pay the total amount of $49,360.00 from the 2018 Parks and Recreation
Fund No. 13357 and Organization No. 117317, Parks and Culture Bond, Project I.D. No.
2000P505.) – see attached.
66. RES. 2021-1162 – Res. that, as recommended by the Mayor, the bid in the total amount
of $2,296,979.84 from MacQueen Equipment, LLC to purchase two (2) Pierce 100’
Ascendant Aerial Tower Trucks to be utilized by the Omaha Fire Department, based on
a bid through Sourcewell Consortium Pricing (member #16540) under contract #022818-
PMI for these trucks, is hereby accepted. (The Finance Department is authorized to pay
$2,296,979.84 from the CIP Fund 13301 (2018 Public Safety Bond), Organization
114512 (Fire Capital), which is associated with Capital Improvement Program No.
2018S-101, Account 47033 ($10,000 or > Vehicles Fire Large).) – see attached.
Council President Pete Festersen opened the Public Hearing on Items 49 through 66.
The following person(s) appeared and spoke:
FOR THE CITY:
Matt Kalcevich, Director, Parks, Recreation and Public Property Department – Item # 65
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 49 RESOLUTION # 2021-1145; Item # 50 RESOLUTION # 2021-1146;
Item # 51 RESOLUTION # 2021-1147; Item # 52 RESOLUTION # 2021-1148;
Item # 53 RESOLUTION # 2021-1149; Item # 54 RESOLUTION # 2021-1150;
Item # 55 RESOLUTION # 2021-1151; Item # 56 RESOLUTION # 2021-1152;
Item # 57 RESOLUTION # 2021-1153; Item # 58 RESOLUTION # 2021-1154;
Item # 59 RESOLUTION # 2021-1155; Item # 60 RESOLUTION # 2021-1156;
Item # 61 RESOLUTION # 2021-1157; Item # 62 RESOLUTION # 2021-1158;
Item # 63 RESOLUTION # 2021-1159; Item # 64 RESOLUTION # 2021-1160;
Item # 65 RESOLUTION # 2021-1161; and, Item # 66 RESOLUTION # 2021-1162;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
ORDINANCES ON SECOND READING
67. ORD. 42742 – An ordinance declaring the necessity of acquiring, for use by the City of
Omaha, the necessary private property for the purpose of the N 65th Avenue, from
Fowler to Ames Avenue Project identified as OPW 53948; providing that the City
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negotiate with the property owners for land acquisitions, permanent easements and
temporary construction easements; providing that as to each specified parcel which
cannot be obtained by negotiation, condemnation proceedings be undertaken and
completed – (First Reading October 26, 2021; Second Reading and Public Hearing
November 2, 2021; Third Reading November 9, 2021) – see attached. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 67.
No one came forward, and the public hearing was closed.
68. ORD. 42743 – An ordinance declaring the necessity of acquiring, for use by the City of
Omaha, the necessary private property for the purpose of constructing the Pershing
Sanitary Pump Station Replacement project identified as OPW 53678; 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
October 26, 2021; Second Reading and Public Hearing November 2, 2021; Third
Reading November 9, 2021) – see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 68.
No one came forward, and the public hearing was closed.
69. ORD. 42744 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and 508and1904Owner,
LLC, a Nebraska limited liability company, to implement the 508 and 1904 Tax
Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site
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; the
agreement authorizes the use of up to $2,373,961.00, plus accrued interest, in excess
ad valorem taxes (TIF) generated by the development to help fund the cost of the project
– (First Reading October 26, 2021; Second Reading and Public Hearing November 2,
2021; Third Reading November 9, 2021) – see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 69.
FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
70. ORD. 42745 – An ordinance (1) to approve an agreement between the City of Omaha
and Kelsey Murphy in the amount of $57,600.00; and (2) to authorize funding for such
agreement from the City of Omaha’s FY 2020 Sexual Assault Kit Initiative (SAKI) Grant,
Award #2020-AK-BX-0029, awarded by the Department of Justice, Office of Justice
Programs; to provide funding for the development of a communications plan as part of
the Sexual Assault Kit Initiative project; to authorize payment from such grant funding
and involving appropriations of more than one year in conformity with Section 5.17 of the
- 22 -
Home Rule Charter – (First Reading October 26, 2021; Second Reading and Public
Hearing November 2, 2021; Third Reading November 9, 2021) – see attached. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 70.
FOR THE CITY:
Deputy Chief Anna Colon, Omaha Police Department
No one else came forward, and the public hearing was closed.
City Clerk Elizabeth Butler stated that one Public Hearing could be held for Items 71 and 72.
71. ORD. 42746 – An ordinance (1) to approve an Agreement between the City of Omaha
and the Boys & Girls Clubs of the Midlands in the amount of $50,000.00; and (2) to
authorize funding for such agreement from the City of Omaha’s FY 2019 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, Award #2019-DJ-BX-0620, awarded
by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance; to provide funding for two (2) Gang Specialist positions; 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 October 26,
2021; Second Reading and Public Hearing November 2, 2021; Third Reading November
9, 2021) – see attached. (PUBLIC HEARING TODAY)
72. ORD. 42747 – An ordinance (1) to approve an Agreement between the City of Omaha
and the Boys & Girls Clubs of the Midlands in the amount of $50,000.00; and (2) to
authorize funding for such agreement from the City of Omaha’s FY 2020 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, Award #2020-DJ-BX-0701, awarded
by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance; to provide funding for two (2) Gang Specialist positions; 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 October 26,
2021; Second Reading and Public Hearing November 2, 2021; Third Reading November
9, 2021) – see attached. (PUBLIC HEARING TODAY)
A. Communication in opposition – see attached.
Council President Festersen opened the Public Hearing on Items 71 and 72.
OPPONENTS:
Larry Storer, 5015 Lafayette Avenue
FOR THE CITY:
Deputy Chief Anna Colon, Omaha Police Department
No one else came forward, and the public hearing was closed.
73. ORD. 42748 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance, FY 2021 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program, Award #15PBJA-21-GG-01674-JAGX, in the amount
of $409,839.00, during the project period extending from October 1, 2020 to September
30, 2024; to provide law enforcement programs, prevention and education programs,
- 23 -
prosecution and court programs, corrections and community corrections programs, and
planning, evaluation and technology improvement programs; 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 October 26, 2021; Second
Reading and Public Hearing November 2, 2021; Third Reading November 9, 2021) –
see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 73.
FOR THE CITY:
Amber Parker, Mayor’s Office
No one else came forward, and the public hearing was closed.
74. ORD. 42750 – An ordinance to provide for approving an Interlocal Agreement between
the University of Nebraska at Omaha Board of Regents, for more than one year, to allow
University Police officers to enforce Omaha City ordinances in certain designated areas
– (First Reading October 26, 2021; Second Reading and Public Hearing November 2,
2021; Third Reading November 9, 2021) – see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 74.
No one came forward, and the public hearing was closed.
75. ORD. 42751 – An ordinance approving a Redevelopment Agreement by and between
the City of Omaha and Millwork District I, LLC, and its successors or assigns, for the
redevelopment of various properties within The Millwork District, pursuant to the millwork
Commons Redevelopment Plan, an area generally bounded by Seward Street on the
north, the Union Pacific rail line (approximately) on the west, Nicholas, Izard and Cuming
Streets generally on the south and North 11th Street on the east – (First Reading
October 26, 2021; Second Reading and Public Hearing November 2, 2021; Third
Reading November 9, 2021) – see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 75.
PROPONENTS:
Paul Smith, Paul G Smith Associates, 1536 Cuming Street
FOR THE CITY:
Kevin Andersen, Mayor’s Office
No one came forward, and the public hearing was closed.
_______________________________________
NON-ACTION ITEMS
(Items 76 through 93 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 NOVEMBER 16, 2021 AND NOVEMBER 30, 2021)
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IMMANUEL LAKESIDE
76. RES. 2021-1101 – Res. that, the Preliminary Plat entitled Immanuel Lakeside, a cluster
subdivision inside city limits, with waivers to Section 53-9(9), Sidewalks; 53-11(c)(1),
Roadway width; and Section 53-8(2)(g), Cul-de-sac width, located southeast of 177th
and Frances Streets, along with the conditions, is hereby accepted; and, the preparation
of the final plat of this subdivision is hereby authorized. The applicant is SRE
Development – Inside City Limits – see attached. (LAID OVER TO THE NOVEMBER 9,
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.
HANOVER FALLS CENTER
77. ORD. 42752 – An ordinance to rezone property located northwest of 156th and State
Streets from AG-Agricultural District to DR-Development Reserve District – (First
Reading November 2, 2021; Second Reading November 9, 2021; Third Reading,
Public Hearing and Vote November 23, 2021) – see attached.
78. ORD. 42753 – An ordinance to rezone property located northwest of 156th and State
Streets from AG-Agricultural District to R6-Low Density Multiple Family Residential
District – (First Reading November 2, 2021; Second Reading November 9, 2021; Third
Reading, Public Hearing and Vote November 23, 2021) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
79. RES. 2021-1140 – Res. that, the Final Plat entitled Hanover Falls Center (Lots 1-2,
Outlot A), a subdivision outside the city limits, located northwest of 156th and State
Streets, is hereby approved and accepted. The applicant is Walnut Grove, LLC –
Outside City Limits – see attached. (LAID OVER TO THE NOVEMBER 23, 2021 CITY
COUNCIL MEETING TO COINCIDE WITH ITEMS 77-78)
A. Planning Board and Planning Department recommend approval – see attached.
80. RES. 2021-1141 – Res. that, the Subdivision Agreement between the City of Omaha
and Walnut Grove LLC, as recommended by the Mayor, is hereby approved. The
Subdivision is to be known as Hanover Falls Center (Lots 1-2 and Outlot A) and is
located northwest of 156th and State Streets – see attached. (LAID OVER TO THE
NOVEMBER 23, 2021 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 77-78)
PACIFIC ROWS
81. ORD. 42754 – An ordinance to rezone property located at 9402 Pacific Street from R1-
Single-Family Residential District (Large Lot) to R5-Urban Family Residential District –
(First Reading November 2, 2021; Second Reading November 9, 2021; Third Reading,
Public Hearing and Vote November 23, 2021) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
82. ORD. 42755 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located 9402 Pacific
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Street – (First Reading November 2, 2021; Second Reading November 9, 2021; Third
Reading, Public Hearing and Vote November 23, 2021) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
83. RES. 2021-1142 – Res. that, the Preliminary Plat entitled Pacific Rows, a minor plat
inside city limits, located at 9402 Pacific Street, along with the conditions, is hereby
accepted; and, the preparation of the final plat of this subdivision is hereby authorized.
The applicant is First Management, Inc – Inside City Limits – see attached. (LAID OVER
TO THE NOVEMBER 23, 2021 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS
81-82)
A. Planning Board and Planning Department recommend approval – see attached.
84. RES. 2021-1143 – Res. that, the Final Plat entitled Pacific Rows, a minor plat inside city
limits, located at 9402 Pacific Street, is hereby approved and accepted. The applicant is
First Management, Inc – Inside City Limits – see attached. (LAID OVER TO THE
NOVEMBER 23, 2021 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 81-82)
A. Planning Board and Planning Department recommend approval – see attached.
85. RES. 2021-1144 – Res. that, the Subdivision Agreement between the City of Omaha
and Fairview Dundee LLC, as recommended by the Mayor, is hereby approved. The
Subdivision is to be known as Pacific Rows (Lot 1) and is located at 9402 Pacific Street
– see attached. (LAID OVER TO THE NOVEMBER 23, 2021 CITY COUNCIL
MEETING TO COINCIDE WITH ITEMS 81-82)
TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS
86. RES. 2021-1088 – Res. that, the Blackstone Square Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 3863 Farnam
Street, which proposes the new construction of a 11,000 square foot, two story
commercial building with four tenant bays each with a second floor patio, and authorizes
the City’s participation through the allocation of TIF in an amount up to $515,000.00,
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 $15,000.00 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
NOVEMBER 9, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING)
87. RES. 2021-1089 – Res. that, the HFH NAAF 9 Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site bound by Pinkney and
Spaulding Streets on the north, Wirt and Pratt Streets on the south, 24th Street on the
east, and 29th Street on the west, which proposes the new construction of 26 single
family homes, and authorizes the City’s participation through the allocation of TIF in an
amount up to $1,000,000.00, plus accrued interest, to offset TIF eligible expenses
including, but not limited to excavation, grading, lot clearing, paving, sewer/water/power
work, architectural & engineering fees, and public improvements as required, containing
a provision for the division of ad valorem taxes as authorized by Section 18-2147
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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
NOVEMBER 9, 2021 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING)
SPECIAL USE PERMITS
88. RES. 2021-1102 – Res. that, the Special Use Permit application submitted by Linda
Davis (Dorsey) for a Special Use Permit to allow Small Group Living (disabled) in the
R4-Single-Family Residential District (High-Density) within 600 feet of another small
group living facility, located at 5008 North 60th Avenue, 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; and 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. (LAID OVER TO THE NOVEMBER 9, 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.
89. RES. 2021-1103 – Res. that, the Special Use Permit application submitted by
Grueshawn McMiller for a Special Use Permit to allow Transitional living in the GC-
General Commercial District, located at 701 South 75th Street., 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 and 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. (LAID OVER TO THE NOVEMBER 9, 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.
ORDINANCES ON FIRST READING
90. ORD. 42756 – An ordinance declaring the necessity of acquiring, for use by the City of
Omaha, the necessary private property for the purpose of the 72nd and D Street,
Grading, Paving, Walls, Bridge and Erosion Control, project identified as OPW 52600;
providing that the City negotiate with the property owners for land acquisitions,
permanent easements and temporary construction easements; providing that as to each
specified parcel which cannot be obtained by negotiation, condemnation proceedings be
undertaken and completed – (First Reading November 2, 2021; Second Reading and
Public Hearing November 9, 2021; Third Reading November 23, 2021) – see attached.
91. ORD. 42757 – An ordinance approving the bid from Polydyne, Inc. for the City of
Omaha: Liquid Sludge Dewatering Polymer purchase opened through Douglas County
Purchasing on June 23, 2021, with an annual estimated cost of $337,200.00 for a three
(3) year term; involving the payment of money from appropriations of more than one
year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to
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provide for payments from a specific account – (First Reading November 2, 2021;
Second Reading and Public Hearing November 9, 2021; Third Reading November 23,
2021) – see attached.
92. ORD. 42758 – An ordinance (1) to approve a professional services agreement between
the City of Omaha and Tina Jennum in the amount of $27,920.00; and (2) to authorize
funding for such agreement from the City of Omaha’s FY 2019 Violent Gang and Gun
Crime Reduction Program (Project Safe Neighborhoods) Grant, Award #2019-GP-BX-
0056; to provide funding for one (1) PSN Case Analyst; involving appropriations of more
than one year in conformity with Section 5.17 of the Home Rule Charter – (First
Reading November 2, 2021; Second Reading and Public Hearing November 9, 2021;
Third reading November 23, 2021) – see attached.
93. ORD. 42759 – An ordinance to approve an Interlocal Cooperation Agreement between
the City of Omaha and the University of Nebraska, by and on behalf of its administrative
unit, the University of Nebraska Medical Center; to commit the City of Omaha to
reimburse not more than $18 million in tax-exempt bonds for the costs of installation of
public infrastructure improvements, not more than $30 million for the construction of a
parking facility, and $45 million to support the design and construction of medical
facilities, all associated with the proposed University of Nebraska Medical Center
campus expansion project located in an area along Saddle Creek Road; to authorize the
Mayor and City Clerk to execute and attest the agreement; to designate the funding
source; and provide for an effective date – (First Reading November 2, 2021; Second
Reading and Public Hearing November 9, 2021; Third Reading November 23, 2021) –
see attached.
EXECUTIVE SESSION
94. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
SUPPLEMENT TO THE CITY COUNCIL AGENDA FOR NOVEMBER 2, 2021
PREPARED NOVEMBER 1, 2021 AT 11:30 A.M.
95. RES. 2021-1163 – Res. that, as recommended by the Mayor, the acceptance of the
Nebraska Emergency Management Agency, FY 2021 State Homeland Security Grant
(SHSG) Award #EMW -2021-SS-00084-S01, in the amount of $456,726.00, during the
project period of September 1, 2021 to August 31, 2024 to provide funding for items
authorized in the Project Work Plan, and funding of such project, is hereby approved. –
see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 95.
The following person(s) appeared and spoke:
FOR THE CITY:
Amber Parker, Mayor’s Office
No one else came forward, and the public hearing was closed.
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MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-1163 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
ADJOURNMENT:
MOTION by Palermo, SECOND by Harding that the meeting be adjourned
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
MEETING ADJOURNED AT: 3:43 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 November 2, 2021.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
______________________________________ _____________________________________
Sherri Brown, Executive Secretary Elizabeth Butler