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2021-11-02j __________________________________________ 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 - 2 - 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 - 3 - 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 ______________________________________ 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. - 4 - 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 - 5 - 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 - 6 - 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) - 7 - 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. - 8 - 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 - 9 - 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. - 10 - 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) - 11 - 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: - 12 - 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 - 13 - 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 - 14 - 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 - 15 - 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. - 16 - 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. - 17 - 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. - 18 - 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. - 19 - 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. - 20 - 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 - 21 - 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) - 24 - 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 - 25 - 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 - 26 - 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 - 27 - 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. - 28 - 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