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2021-12-21j __________________________________________ JOURNAL RECORD CITY OF OMAHA CITY COUNCIL MEETING TUESDAY, DECEMBER 21, 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, December 21, 2021 at 2:00 PM in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Pete Festersen. CALL TO ORDER City Clerk Elizabeth Butler took the Roll Call: Present were Councilmembers Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President (Festersen) – CCID # 2021-1344. Council President Pete Festersen led those present in the Pledge of Allegiance. Council President Pete Festersen of District No. 1 provided remarks. CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT City Clerk Elizabeth Butler certified publication in the Daily Record, the Official Newspaper of the City of Omaha, on December 17, 2021, notice of the Pre-Council and Regular City Council Meetings, December 21, 2021 – CCID # 2021-1345. Ms. Butler stated that a current copy of the Open Meeting Act is posted in a white binder on the east wall of the Legislative Chambers. PRESENTATIONS AND PROCLAMATIONS 5. Presentations and Proclamations PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS SOUTH FARM REPLAT 3 6. RES. 2021-1334 – Res. that, the Preliminary Plat entitled South Farm Replat 3, a subdivision outside city limits, with a waiver to Section 53-9(4)(a), Lot depth, located Northwest of 144th Street and Applied Parkway, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is WDC Investments9, LP – Outside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. Council President Pete Festersen opened the Public Hearing on Item 6. The following person(s) appeared and spoke: PROPONENTS: Larry Jobeun, 11440 West Center Road, attorney for the applicant No one else came forward, and the public hearing was closed. MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-1334 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 - 3 - ARCADIA RIDGE 7. RES. 2021-1335 – Res. that, the Preliminary Plat entitled Arcadia Ridge, a subdivision outside city limits, located Northwest of Kansas and Laurel Avenues, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is HRC Arcadia Ridge, LLC – Outside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. Council President Pete Festersen opened the Public Hearing on Item 7. The following person(s) appeared and spoke: PROPONENTS: Larry Jobeun, 11440 West Center Road, attorney for the applicant No one else came forward, and the public hearing was closed. MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-1335 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 DEER CREEK HIGHLANDS REPLAT 1 8. RES. 2021-1336 – Res. that, the Preliminary Plat entitled Deer Creek Highlands Replat 1, a minor plat outside city limits, located Southwest of 126th and Grebe Streets, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Players Club Golf, LLC – Outside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. Council President Pete Festersen opened the Public Hearing on Item 8. The following person(s) appeared and spoke: PROPONENTS: Mark Westergard, E & A Consulting Group, 10909 Mill Valley Road, for the applicant No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that RESOLUTION # 2021-1336 be approved ROLL CALL: Yeas: Row e, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 - 4 - PACIFIC RESERVE REPLAT ONE 9. RES. 2021-1337 – Res. that, the Preliminary Plat entitled Pacific Reserve Replat One, a minor plat outside city limits, with a waiver to Section 53-8(4)(d), Lot frontage, located South of 206th and Pacific Streets, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Alyssa Garth – Outside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. Council President Pete Festersen opened the Public Hearing on Item 6. The following person(s) appeared and spoke: PROPONENTS: Douglas Dreessen, Thompson Dreessen & Dorner, 10836 Old Mill Road, for the applicant No one else came forward, and the public hearing was closed. MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-1337 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 MILLWORK COMMONS City Clerk Elizabeth Butler stated that Items 10 through 13 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 December 7, 2021.) 10. ORD. 42797 – An ordinance to amend the boundaries of the NCE-Neighborhood Conservation Overlay District, to incorporate into that district the property located northwest of 12th and Izard Streets; to approve an amendment to the Urban Design Element of the Master Plan for the City of Omaha to incorporate the Millwork Commons NCE District Plan into the Master Plan – (First Reading December 7, 2021; Second Reading December 14, 2021; Third Reading, Public Hearing and Vote December 21, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 11. ORD. 42798 – An ordinance to repeal the ACI-1-Areas of Civic Importance Overlay District, for property located northwest of 12th and Izard Streets – (First Reading December 7, 2021; Second Reading December 14, 2021; Third Reading, Public Hearing and Vote December 21, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 12. RES. 2021-1264 – Res. that, the Final Plat transmitted herewith entitled Millwork Commons (Lots 8 and 9), a subdivision inside the city limits, located northwest of 12th and Izard Streets, is hereby approved, and concurrently portions of the existing plat entitled - 5 - City Lots, and described on said replat, are hereby vacated. The applicant is Paul Smith, Manager, Millwork District I, LLC – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. 13. RES. 2021-1265 – Res. that, the Subdivision Agreement between the City of Omaha and Millwork District I, LLC, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Millwork Commons (Lots 8-9) and is located northwest of 12th and Izard Streets – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Items 10 through 13. The following person(s) appeared and spoke: PROPONENTS: Katie Underwood, Olsson Associates, 2111 South 67th Street, for the applicant No one else came forward, and the public hearing was closed. MOTION by Johnson, SECOND by Harding that the following items be approved: Item # 10 ORDINANCE # 42797; Item # 11 ORDINANCE # 42798; Item # 12 RESOLUTION # 2021-1264; and, Item # 13 RESOLUTION # 2021-1265; ROLL CALL VOTE: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 PLANNING ORDINANCE ON FINAL READING WITH PLANNING BOARD ATTACHMENT (Required notices of public hearings relating to this development were published in the Daily Record on December 7, 2021.) 14. ORD. 42796 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay District in a R7-Medium-Density Multiple-Family Residential District located northeast of 18th and Ohio Streets, to approve the Development Plan – (First Reading December 7, 2021; Second Reading December 14, 2021; Third Reading, Public Hearing and Vote December 21, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Planning Board and Planning Department recommend approval – see attached. Council President Pete Festersen opened the Public Hearing on Item 14. The following person(s) appeared and spoke: PROPONENTS: Matthew Cavanaugh, Holy Name Housing, 4324 Fort Street No one else came forward, and the public hearing was closed. - 6 - MOTION by Johnson, SECOND by Harding that ORDINANCE # 42796 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 STREET IMPROVEMENT DISTRICT CREATION ORDINANCE ON FINAL READING City Clerk Elizabeth Butler stated that one Public Hearing could be held for Items 15 and 16. (Required notices of public hearings relating to this development were published in the Daily Record on December 9, 2021.) 15. ORD. 42799 – An ordinance to create Street Improvement District No. 2021-01, in the City of Omaha, for the purpose of improving Ridgewood Avenue from Poppleton Avenue to Pacific Street and Poppleton Avenue from Ridgewood Avenue to Loveland Drive, by grading, curbing, storm sewer service and paving in portland cement concrete; to fix and define the boundaries of said district; to provide for the determination and assessment of damages, if any, occasioned by reason of change of grade; to authorize the Public Works Department, barring protest to the contrary in accordance with OMC 26-65, to complete the associated improvement project – (First Reading December 7, 2021; Second Reading December 14, 2021; Third Reading, Public Hearing and Vote December 21, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Items 15 and 16. The following person(s) appeared and spoke: PROPONENTS: Peter Gadzinski, 8086 Dorcas Street, President, Loveland Neighborhood Association Senator John McCollister, 8010 Hickory Street Patty Peterson, 1111 Ridgewood Avenue Karen Wagner, 3517 South 105th Street Carolyn Roeder, 8064 Gold Street Sara Achelpohl, 8104 Walnut Circle Ryan Palmer, 1326 Ridgewood Avenue OPPONENTS: Larry Storer, 5015 Lafayette Avenue FOR THE CITY: Heather Tippey Pierce, Public Works Department Jim Theiler, Public Works Department Todd Pfitzer, Public Works Department Steve Curtiss, Director, Finance Department No one else came forward, and the public hearing was closed. MOTION by Begley, SECOND by Harding that ORDINANCE # 42799 be approved - 7 - ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 16. RES. 2021-1350 – Res. that, 60% of the estimated total costs of improvements for Street Improvement District No. 2021-01, an amount not to exceed $597,600.00, shall be paid by the City of Omaha from the 2020 Street Preservation Bond Fund 13191, Organization 117117. (The remaining costs of improvements for SID No. 2021-01 be specially assessed upon the properties within SID No. 2021-01 and paid through the Capital Special Assessments Fund 13573, Special Assessments Organization 116168.) – see attached. (PUBLIC HEARING AND VOTE TODAY) A. Communications in support – see attached. MOTION by Begley, SECOND by Johnson that RESOLUTION # 2021-1350 be approved ROLL CALL: Yeas: Begley, Johnson, Palermo Nays: Rowe, Harding, Melton, Mr. President MOTION FAIL ED 3-4 BUSINESS IMPROVEMENT DISTRICT CREATION ORDINANCE ON FINAL READING 17. ORD. 42801 – An ordinance re-authorizing the Olde Town Elkhorn Business Improvement District (BID No. 6878) under the authority of the Business Improvement District Act, Neb. Rev. Stat. § 19-4015, et seq. for the purpose of providing specified activities, work and improvements in the Olde Town Elkhorn area generally defined as Elkhorn Drive to the west, Glenn Street to the north, North 204th Street to the east, and Park Road to the south; to re-authorize the Olde Town Elkhorn Business Improvement District within the same parameters as Ordinance No. 40993 adopted December 13, 2016 including the boundaries of the District, the identification of the same properties benefited by the streetscape improvements, with the same special assessment adjusted by four percent (4%) annually to the amount of $14,600.00 in 2022 to be imposed with such District based upon the benefits conferred; to provide the same method of assessment to be assessed upon properties specially benefited by the District; to remove the termination (sunset) provision in the original ordinance that was adopted by the City Council – (First Reading December 7, 2021; Second Reading December 14, 2021; Third Reading, Public Hearing and Vote December 21, 2021) – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Item 17. The following person(s) appeared and spoke: OPPONENTS: Jay McArdle, McArdle Grading Company, 20460 Ohio Street FOR THE CITY: Bernard in den Bosch, Law Department No one else came forward, and the public hearing was closed. - 8 - MOTION by Harding, SECOND by Melton that ORDINANCE # 42801 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 ______________________________________ LIQUOR 18. RES. 2021-1346 – Class C Liquor License for Get Real Sandwiches, LLC, dba “Get Real Sandwiches”, located at 3901 Farnam Street, Suite B. (This is a new application for a new location). Notice was posted on the property on 12-06-2021; Notification was sent to property owners within 500 feet on 12-10-2021 – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Item 18. The following person(s) appeared and spoke: PROPONENTS: Sean Kelley, 2804 South 87th Avenue, Attorney for the applicant No one else came forward, and the public hearing was closed. MOTION by Begley, SECOND by Melton that RESOLUTION # 2021-1346 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 19. RES. 2021-1347 – Class I Liquor License for DC HIE Omaha West, LLC, dba “Holiday Inn Express & Suites”, located at 17677 Wright Street. (This is a new application for an old location). Present licensee is Fox Den Properties, LLC dba Holiday Inn Express & Suites who has a Class “I” Liquor License – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Item 19. The following person(s) appeared and spoke: PROPONENTS: Tasha Kelley, General Manager, Holiday Inn Express & Suites, 17677 Wright Street (via Zoom) No one else came forward, and the public hearing was closed. MOTION by Harding, SECOND by Melton that RESOLUTION # 2021-1347 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 - 9 - 20. RES. 2021-1348 – Change of Location Application – Okra African Grill, LLC, dba “Okra African Grill”, 1303 South 72nd Street, Suites 101 & 102 request a Change of Location of their present Class “C” Liquor License to be located at 608-610 South 72nd Street. Notice was posted on the property on 12-06-2021; Notification was sent to property owners within 500 feet on 12-10-2021 – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Item 20. The following person(s) appeared and spoke: PROPONENTS: Nina Sodji, Oka African Grill, 1303 South 72nd Street, applicant (via Zoom) No one else came forward, and the public hearing was closed. MOTION by Begley, SECOND by Melton that RESOLUTION # 2021-1348 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, 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 21 through 33 were held on December 14, 2021. (Required notices of the public hearings were published in the Daily Record on December 10, 2021.) COUNCIL PRESIDENT FESTERSEN ANNOUNCED THAT AGENDA ITEM 29 WAS REMOVED FROM THE CONSENT AGENDA. 21. ORD. 42800 – An ordinance approving an Amendment to the Agreement with Fomento de Construcciones y Contratas, S. A., now registered as FCC Environmental Services Nebraska, LLC (FCC) for OPW 53407, being the Omaha Solid Waste Collections Contract 2021-2030 Project, 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 authorize the increase of payments in the amount of $7.21 per month, per special collection customer, as outlined in the amendment; to provide for payments from to a specific account – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. - 10 - 22. ORD. 42802 – An ordinance to amend Omaha Municipal Code Chapter 34, Article V, Private Use of Public Property, Division 1, Generally, and Division 2, Lease Procedures; adding a notice requirement as a new section in Division 2 – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. 23. ORD. 42804 – An ordinance to approve the acceptance of and authorize disbursement over more than one fiscal year from the Institute of Museum and Library Services and allocated to the Nebraska Library Commission, Nebraska eReads grant, federal fund grant source LS-250223-OLS-21, in the amount of $139,351.00, a single payment made as a result of the federal American Rescue Plan Act (ARPA), during the project period of September 20, 2021 to May 30, 2022; to provide for the purchase of downloadable eBooks and digital audiobooks to be purchased from OverDrive, Inc. in the amount of $139,351.00; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956 – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. 24. ORD. 42805 – An ordinance to approve the acceptance of and authorize disbursement over more than one fiscal year from the Institute of Museum and Library Services and allocated to the Nebraska Library Commission, American Rescue Plan (ARPA) Formula Grants, in the amount of $156,263.00, during the project period of March 15, 2021 through May 31, 2022; to provide for the purchase of items to enhance services as outlined in the “2021 American Rescue Plan (ARPA) Formula Grants” document entitled Attachment A; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956 – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. 25. ORD. 42806 – An ordinance to approve a professional services agreement between the City of Omaha and Swanson Russell, Inc. for advertising and marketing services for the Omaha Convention and Visitors Bureau during a period of January 1, 2022 through December 31, 2026, with an option to extend for an additional two (2) 12-month terms; in an amount not to exceed six million dollars through the term of the agreement; to authorize the payments specified therein – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. 26. ORD. 42807 – An ordinance to approve a professional services agreement between the City of Omaha and Clark Creative Group for advertising and marketing services for the Omaha Convention and Visitors Bureau during a period of January 1, 2022 through December 31, 2026, with an option to extend for an additional two (2) 12-month terms; in an amount not to exceed six million dollars through the term of the agreement; to authorize the payments specified therein – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. 27. ORD. 42808 – An ordinance to approve an Agreement between the City of Omaha and Omaha Public Schools for the City to provide, through its assignment, up to eleven Associate School Resource Officers and marked police cruisers, subject to the availability of such cruisers and the School District’s needs, to specifically designated locations, involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter, to perform police work within the District with each Associate School Resource Officer working no more than 28 hours per week while school is in session during the regular school year, from the first day of the semester of August, 2021 and - 11 - ending on July 31, 2022; reimbursement from the Omaha Public Schools to the City will be in the amount of $35.00 per hour for each officer for the 2021-2022 school year – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. 28. ORD. 42794 – An ordinance to approve an Agreement between the City of Omaha and Digitech Computer L.L.C. to provide medic unit billing and collection services for a period of five (5) years from January 1, 2022 to December 31, 2026 at a rate of 4.25 percent of net monthly receipts; to provide for the option of two (2) one-year extensions; to approve payment of money from appropriations of more than one year as provided in Section 5.16 and 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide funds from the General Fund No. 11111, Organization No. 119014 – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. 29. ORD. 42810 – An ordinance to amend Omaha Municipal Code Chapter 13, Article II, Division 2 entitled “Human Rights,” Section 13-50; to amend the powers and duties of the Human Rights and Relations Board by rearranging and clarifying the powers and duties, and to add the assignment to the Human Rights and Relations Board of serving as the Civil Rights Hearing Board; to amend Omaha Municipal Code Chapter 13, Article III, Division 5 entitled “Civil Rights Hearing Board,” Sections 13-123 through 13-128 and to create new Sections 13-129 and 13-130; to amend Omaha Municipal Code Chapter 13, Article IV, Division 2, Subdivision C entitled “Administrative Hearing,” Section 13-370 – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. (REMOVED FROM CONSENT AGENDA) 30. ORD. 42811 – An ordinance to amend Section 10-200.2 of the Omaha Municipal Code to modify language concerning reauthorization of small business and emerging small businesses to make it less cumbersome on the affected businesses; to amend Sections 10-200.3, 10-200.4, 10-200.5, and 10-200.7 to substitute human rights and relations department for public works department thereby making the human rights and relations department responsible for enforcing the Small and Emerging Small Business Program – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. 31. ORD. 42803 – An ordinance to authorize the acceptance of a grant award for the City of Omaha Human Rights and Relations Department in the amount of $122,239.00 from the City of Omaha Police Foundation, Inc., during the project period of October 1, 2021 to September 30, 2023, to provide the funding for a full-time Administrative Assistant position, training and certification for two additional course facilitators, attendance at the annual National Association of Community and Restorative Justice Conference, program materials, and program evaluation – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. 32. ORD. 42791 – An ordinance to amend the boundaries of an Enhanced Employment Area generally located southwest of 102nd and Nicholas and includes the Top Golf facility. The property has been replatted and the parcel boundaries have been modified, and therefore this amendment to the Enhanced Employment Area will maintain the original intent and consistent boundaries of the designation – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. - 12 - 33. ORD. 42812 – An ordinance (1) to approve an agreement between the City of Omaha and The Board of Regents of the University of Nebraska, University of Nebraska at Omaha in the amount of $16,206.00; and (2) to authorize funding for such agreement from the City of Omaha’s FY 2020 Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant, Award #2020-MH-WX-K006, awarded by the U.S. Department of Justice, Office of Community Oriented Policing Services; to provide funding for assistance with the Omaha Police Department’s Supervisor Training program development; 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 December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. MOTION by Melton, SECOND by Harding that the following items be approved: Item # 21 ORDINANCE # 42800; Item # 22 ORDINANCE # 42802; Item # 23 ORDINANCE # 42804; Item # 24 ORDINANCE # 42805; Item # 25 ORDINANCE # 42806; Item # 26 ORDINANCE # 42807; Item # 27 ORDINANCE # 42808; Item # 28 ORDINANCE # 42794; Item # 30 ORDINANCE # 42811; Item # 31 ORDINANCE # 42803; Item # 32 ORDINANCE # 42791; and, Item # 33 ORDINANCE # 42812; ROLL CALL VOTE: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 29. ORD. 42810 – An ordinance to amend Omaha Municipal Code Chapter 13, Article II, Division 2 entitled “Human Rights,” Section 13-50; to amend the powers and duties of the Human Rights and Relations Board by rearranging and clarifying the powers and duties, and to add the assignment to the Human Rights and Relations Board of serving as the Civil Rights Hearing Board; to amend Omaha Municipal Code Chapter 13, Article III, Division 5 entitled “Civil Rights Hearing Board,” Sections 13-123 through 13-128 and to create new Sections 13-129 and 13-130; to amend Omaha Municipal Code Chapter 13, Article IV, Division 2, Subdivision C entitled “Administrative Hearing,” Section 13-370 – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. MOTION by Johnson, SECOND by Festersen that ORDINANCE # 42810 be continued to the January 11, 2022 City Council meeting ROLL CALL: Yeas: Begley, Johnson, Palermo, Mr. President Nays: Rowe, Harding, Melton MOTION APPROVED 4-3 _______________________________________ Council President Festersen announced that the public hearings on Agenda Items 34 through 71 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. COUNCIL PRESIDENT FESTERSEN ANNOUNCED THAT AGENDA ITEM 70 WAS REMOVED FROM THE CONSENT AGENDA. - 13 - CONSENT AGENDA – RESOLUTIONS 34. RES. 2021-1349 – Liquor License Manager Application – Hilton Management, LLC, dba “Hilton Omaha”, 1001 Cass Street, request permission to appoint Robert P. Sabin, Jr. manger to their present Class “C” Liquor License location – see attached. 35. RES. 2021-1351 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to BCycle, LLC, in the amount of $253,010.00, for the purchase of (100) BCycle Electric Bikes, parts and accessories, to be utilized by the Parking Division, is hereby approved. (The Finance Department is authorized to pay the cost of these purchases from the Parking Revenue Fund 21116, Parking Heartland Park Organization 116235, year 2021 funding.) – see attached. 36. RES. 2021-1352 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Anderson Ford Lincoln, in the amount of $59,598.00, for the purchase of two (2) Ford Explorers, to be utilized by the Construction Division. (The Finance Department is authorized to pay the cost of this purchase from the Street Allocation Fund 12131, Construction Survey & Inspect Organization 116121, year 2021 funding.) – see attached. 37. RES. 2021-1353 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to ConServ Flag Company, in the amount of $20,000.00, for the purchase of Heavy Duty Degreaser, to be utilized by the Street Maintenance Division. (The Finance Department is authorized to pay the cost of this purchase from the Street Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2021 funding.) – see attached. 38. RES. 2021-1354 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Anderson Ford Lincoln, in the amount of $80,061.00, for the purchase of three (3) 1/2 ton Ford Transit Cargo Vans, to be utilized by the Missouri River Water Resource Recovery Facility. (The Finance Department is authorized to pay the cost of this purchase from the Sewer Revenue Fund 21121, Missouri Treatment Plant Main Organization 116613, year 2021 funding.) – see attached. 39. RES. 2021-1355 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Anderson Ford Lincoln, in the amount of $117,100.00, for the purchase of four (4) 1/2 ton, regular cab, 4x4 trucks, 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. 40. RES. 2021-1356 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Anderson Ford Lincoln, in the amount of $169,585.00, for the purchase of five (5) 3/4 ton, Ext. Cab, 4x4 trucks, to be utilized by the Street Maintenance Division. (The Finance Department is authorized to pay the cost of this purchase from the Street Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2021 funding.) – see attached. - 14 - 41. RES. 2021-1357 – Res. that, as recommended by the Mayor, the Public Works Department will obtain a Cityworks Update and software maintenance services from Azteca Systems, Inc. per Quote # Q-12137-1 and that the bidding procedures be waived in accordance with Section 5.16 of the Home Rule Charter of 1956 for the purchase of unique and non-competitive items, the cost of which, in the amount of $124,950.00, will be paid from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, with reimbursements to this organization from the various Public Works Department Divisions’ budgets and other Departments as outlined in the schedule – see attached. 42. RES. 2021-1358 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to 3M, in the amount of $200,000.00, for the purchase of pavement marking materials to restock inventory for the Traffic Division, is hereby approved. (The Finance Department is authorized to pay the cost of this purchase from the Street Allocation Fund 12131, Pavement Markings Organization 116184, year 2022 expenditure.) – see attached. 43. RES. 2021-1359 – Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Municipal Pipe Tool Company, in the amount of $317,605.76, for the purchase of Portable and Lateral Launch CCTV Sewer Inspection Equipment, to be utilized by the Sewer Maintenance Division, is hereby approved. (The Finance Department is authorized to pay the cost of these purchases from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2021 funding.) – see attached. 44. RES. 2021-1360 – Res. that, as recommended by the Mayor, the contract with Ace Pipe Cleaning, Inc., in the amount of $1,908,988.95 for the Multi-Sensor Inspection of Large Diameter Sewers 2022 Program Project, is hereby approved. (The Finance Department is authorized to pay the cost of $1,908,988.95, from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2021 funding.) – see attached. 45. RES. 2021-1361 – Res. that, as recommended by the Mayor, the contract with EHG Companies, LLC dba Monster Tree Service of Omaha, in the amount of $106,981.25, for OPW 54228, being the 2022 Tree & Stump Removal Services at Various Locations Project, is hereby approved. (The Finance Department is authorized to pay the cost of $106,981.25, from the Capital Special Assessment Fund 13573, Special Assessments Organization 116168, year 2021 expenditure.) – see attached. 46. RES. 2021-1362 – Res. that, up to $730,000.00 used for early land acquisition, be reimbursed to the Public Facility Bond Fund 13247 from the Advanced Acquisition Fund 13111, and that up to $1,200,000.00 used for early land and facility acquisition, be reimbursed to the Street Allocation Fund 12131, from the Advanced Acquisition Fund 13111 – see attached. 47. RES. 2021-1363 – Res. that, as recommended by the Mayor, Amendment No. 1 to the Professional Services Agreement with HGM Associates, Inc., in the amount of $91,872.00, for additional construction phase services on OPW 53999, being the 2021 Concrete Pavement Repair, John Galt Blvd from 108th Street to Q Street Project, is hereby approved. (The Finance Department is authorized to pay the additional fee not to exceed $91,872.00 for these services to be paid from the 2020 Street Preservation Bond Fund 13191, Transportation Bonds Organization 117117) – see attached. - 15 - 48. RES. 2021-1364 – Res. that, as recommended by the Mayor, Amendment No. 1 to the Professional Services Agreement with HDR, Inc., in the amount of $9,168.00, for additional design phase services on OPW 54134, being the Papio WRRF Bisulfite Tankage Expansion Project, is hereby approved. (The Finance Department is authorized to pay the additional fee not to exceed $9,168.00, from the Sewer Revenue Improvements Bond Fund 21124, Capital Asset Replacement Program Bond Organization 116913; Sewer Revenue Bonds will be issued to finance this project.) – see attached. 49. RES. 2021-1365 – Res. that, as recommended by the Mayor, the Professional Services Agreement with George Butler Associates, Inc., in the amount of $99,961.00, to provide professional engineering services on the 2022 CCTV Management Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $99,961.00, from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year 2021 funding.) – see attached. 50. RES. 2021-1366 – Res. that, as recommended by the Mayor, the Professional Services Agreement with George Butler Associates, Inc., in the amount of $99,922.00, to provide professional engineering services on the 2022 Flow Monitoring Program Support Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $99,922.00, from the Sewer Revenue Fund 21121, Sewer Planning Unit Organization 116512, year 2021 funding.) – see attached. 51. RES. 2021-1367 – Res. that, as recommended by the Mayor, the Professional Services Agreement with RJN Group, Inc., in the amount of $99,850.00, to provide professional engineering services on the Large Diameter Sewer Manhole Inspection with Lamping Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $99,850.00, from the Sewer Revenue Fund 21121, Sewer Planning Unit Organization 116512.) – see attached. 52. RES. 2021-1368 – Res. that, as recommended by the Mayor, the Professional Services Agreement with The Wells Resource LLC, in the amount of $99,120.00, to provide professional engineering services on OPW 54270, being the Floodwall Repairs and Coating System Rehabilitation at Flood Control Pump Stations Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $99,120.00, from the 2018 Environment Fund 13125, Environmental Bonds Organization 117217.) – see attached. 53. RES. 2021-1369 – Res. that, as recommended by the Mayor, the Professional Services Agreement with Jacobs Engineering Group Inc., in the amount of $99,980.76, to provide professional engineering services on OPW 54212, being the 20th Pierce Real Time Control Upgrade Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $99,980.76, from the Sewer Revenue Improvements Bond Fund 21124, Sewer Separation Organization 116912; Sewer Revenue Bonds will be issued to finance this project.) – see attached. 54. RES. 2021-1370 – Res. that, as recommended by the Mayor, the Professional Services Agreement with HDR Engineering, Inc., in the amount of $1,260,923.43, to provide professional engineering services on OPW 54077, being the 180th Street - Harney Street to Arbor Street Project, is hereby approved. (The Finance Department is authorized to pay a fee not to exceed $1,260,923.43, from the 2018 Transportation Bond Fund 13185, Transportation Bonds Organization 117117.) – see attached. - 16 - 55. RES. 2021-1371 – Res. that, the nomination of “Lillian Clamens (Cobbin) Street” be applied to Caldwell Street from 24th Street to 27th Street is hereby approved; and the Public Works Department is authorized to erect the acceptable sign(s) therefore, in compliance with all applicable local and state statutes, ordinances or regulations, and policies with all costs to be borne by the applicant – see attached. A. Communication in support – see attached. 56. RES. 2021-1372 – Res. that, as recommended by the Mayor, approval of a purchase order to Lowe’s not to exceed the amount of $45,000.00 for the Park Maintenance Division. (To be paid from the General Fund No. 11111 and Organization No. 115031, Park Facilities Services for the 2022 fiscal year.) – see attached. 57. RES. 2021-1373 – Res. that, as recommended by the Mayor, the purchase based upon the contract pricing of Anderson Ford in the amount of $26,687.00 for one (1) 2022 Ford Transit Utility Van, having been determined to be the best available current price, is hereby accepted. (The Finance Department is authorized to pay the cost of the 2022 Ford Transit Utility Van in the amount of $26,687.00 from the General Fund No. 11111 and Organization No. 115031, Park Facilities Services.) – see attached. 58. RES. 2021-1374 – Res. that, as recommended by the Mayor, the purchase based upon the contract pricing of Anderson Ford in the amount of $134,755.00 for five (5) 2022 Ford Escape Vehicles, having been determined to be the best available current price, is hereby accepted. (The Finance Department is authorized to pay the cost of one (1) 2022 Ford Escape in the amount of $26,951.00 from the General Fund No. 11111 and Organization No. 115111, Community Center Admin. and four (4) 2022 Ford Escapes in the amount of $107,804.00 from the General Fund No. 11111 and Organization No. 115027, Code Enforcement.) – see attached. 59. RES. 2021-1375 – Res. that, as recommended by the Mayor, the bid in the total amount of $41,500.00 from Dostals Construction Co., Inc. to furnish all labor, materials and equipment necessary for the construction new half-court basketball court and related improvements. The work includes but is not limited to: demolition of the existing asphalt surfaced, bench installation, new sidewalk, grading and seeding at Applewood Heights Park, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and that the Finance Department is authorized to pay the Funds in the amount of $41,500.00 to Dostals Construction Co. Inc. from the 2018 Parks and Recreation Fund 13357, Organization No. 117317, Parks and Cultures Bonds, Project I.D. No. 2010P515.) – see attached. 60. RES. 2021-1376 – Res. that, as recommended by the Mayor, the bid in the total amount of $153,200.00 from Elkhorn West Construction, Inc. to furnish all labor, materials and equipment necessary for the construction of golf cart shed. The work consists of the construction of an addition and renovation of an existing golf cart shed. This includes but is not limited to: selective demolition of the existing structure and surrounding pavements, earthwork, concrete pavement, pipe bollards, building foundation and slab concrete, unit masonry, rough and finish carpentry, wood trusses, asphalt shingles, mineral fiber-cement siding and trim, flashing and sheet metal wood window and glazing, hardware and painting at Elmwood Golf Course, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and that the Finance Department is authorized to pay the Funds in the amount of $153,200.00 Elkhorn West Construction, Inc. from the 2018 Parks and Recreation Fund 13357, Organization No. 117317, Parks and Cultures Bonds, Project I.D. No. 2014P516.) – see attached. - 17 - 61. RES. 2021-1377 – Res. that, as recommended by the Mayor, the bid in the total amount of $161,500.00 from Dostals Construction Co., Inc. to furnish all labor, materials and equipment necessary for the construction of the playground renovation. The work includes but is not limited to: supply and install play equipment, concrete, earthwork and grading and seeding at Westchester Park, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and that the Finance Department is authorized to pay the Funds in the amount of $161,500.00 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. 62. RES. 2021-1378 – Res. that, as recommended by the Mayor, the City of Omaha, through the Finance Department, is authorized to purchase computer equipment in an amount up to $600,000.00 using Public Facilities Lease Purchase Bonds in 2022 that will be paid by the individual departments through annual payments; and the Finance Department is authorized to pay the costs of computer equipment from City Capital Improvement Fund 13112, Org. 131555, City Capital Improvement – see attached. 63. RES. 2021-1379 – Res. that, the Mayor is authorized to sign, the City Clerk to attest, the Contract between the City of Omaha and the Greater Omaha Chamber of Commerce to assist in operating the REACH program for the year 2022 and to provide payment of $190,000.00 with funding from General Fund 11111, Organization No. 119014, and Account No. 42239 – see attached. 64. RES. 2021-1380 – Res. that, as recommended by the Mayor, the purchase from Outdoor Recreation Products in the amount of $31,178.00 for the purchase of 21 benches and plaque inserts for the Omaha Parks and Recreation Department is hereby approved. (The Finance Department of the City of Omaha is authorized to Outdoor Recreation Products in the amount of $31,178.00 for the purchase of 21 benches and plaque inserts for the Omaha Parks and Recreation Department budgeted from and funded by the City of Omaha Community Service Programs Fund 11111, Organization 119017 Neighborhood Grants.) – see attached. 65. RES. 2021-1381 – Res. that, as recommended by the Mayor, the agreement between the City of Omaha and the Urban League of Nebraska in the amount of $90,000.00 to operate the Youth Attendance Navigator Program from January 1, 2022 to December 31, 2022, and incorporated herein by this reference, and funding of such project, is hereby approved. (The Finance Director is authorized to provide payment of $90,000.00 from 2022 Community Services, Keno/Lottery Proceeds 12118, Organization 126057; and in accordance with the contract terms.) – see attached. 66. RES. 2021-1382 – Res. that, as recommended by the Mayor, the agreement between the City of Omaha and the African-American Empowerment Network in the amount of $500,000.00 to operate Step-Up Omaha from January 1, 2022 to December 31, 2022, and incorporated herein by this reference, and funding of such project, is hereby approved. (The Finance Director is authorized to provide payment of $500,000.00 from 2022 Community Services, General Fund 11111, Organization 126064; and in accordance with the contract terms.) – see attached. - 18 - 67. RES. 2021-1383 – Res. that, the Mayor is authorized to execute and the City Clerk to attest the Eleventh Amendment to Redevelopment Agreement between the City of Omaha and the Durham Museum, which Agreement extends the term of the original Redevelopment Agreement for calendar year 2022 in which the City agrees to pay the Durham Museum the amount of $100,000.00 in exchange for continued maintenance of the collection. (The Finance Department is authorized to pay interest, dividends, and other income derived from the excess funds in an amount not to exceed the amount of $100,000 from Fund No. 15112, Organization No. 126038 with the remainder of the funds obligated to be paid from the General Fund No. 11111.) – see attached. 68. RES. 2021-1384 – Res. that, the appointment by Mayor Stothert of Cameron Gales as a member of the Library Board to serve a term, commencing upon passage of this Resolution and expiring on June 30, 2023, be and hereby is confirmed and approved – see attached. 69. RES. 2021-1385 – Res. that, the appointment by Mayor Stothert of Kyla Janda as the Qualified Elector of City member of the Park and Recreation Board, to serve a three-year term commencing upon City Council’s passage of this Resolution and expiring December 21, 2024, be and hereby is confirmed and approved – see attached. 70. RES. 2021-1386 – Res. that, the appointment by Mayor Jean Stothert of Sharlon Rodgers to the Board of Directors for the Omaha Municipal Land Bank, as representative for District 2, said term to commence December 22, 2021 and expire December 21, 2024, is hereby confirmed – see attached. (REMOVED FROM CONSENT AGENDA) 71. RES. 2021-1388 – Res. that, as recommended by the City Attorney, the City of Omaha Law Department’s request for authorization to sign onto the current settlements of the ongoing opioid class-action lawsuits, is hereby approved. The City of Omaha Law Department is authorized to sign onto any future settlements of the ongoing opioid class- action lawsuits – see attached. Council President Pete Festersen opened the Public Hearing on Items 34 through 69, and 71. The following person(s) appeared and spoke: PROPONENTS: Sherman Wells, 4718 Kansas Avenue – Item # 55 Sundiata Menelik, 2223 Dodge Street – Item # 55 Ayinde Williams, 3374 South 81st Avenue – Item # 55 OPPONENTS: Sarah Johnson, 2316 North 52nd Street – Item # 68 No one else came forward, and the public hearing was closed. MOTION by Johnson, SECOND by Melton that the following items be approved: Item # 34 RESOLUTION # 2021-1349; Item # 35 RESOLUTION # 2021-1351; Item # 36 RESOLUTION # 2021-1352; Item # 37 RESOLUTION # 2021-1353; Item # 38 RESOLUTION # 2021-1354; Item # 39 RESOLUTION # 2021-1355; Item # 40 RESOLUTION # 2021-1356; Item # 41 RESOLUTION # 2021-1357; Item # 42 RESOLUTION # 2021-1358; Item # 43 RESOLUTION # 2021-1359; Item # 44 RESOLUTION # 2021-1360; Item # 45 RESOLUTION # 2021-1361; Item # 46 RESOLUTION # 2021-1362; Item # 47 RESOLUTION # 2021-1363; - 19 - Item # 48 RESOLUTION # 2021-1364; Item # 49 RESOLUTION # 2021-1365; Item # 50 RESOLUTION # 2021-1366; Item # 51 RESOLUTION # 2021-1367; Item # 52 RESOLUTION # 2021-1368; Item # 53 RESOLUTION # 2021-1369; Item # 54 RESOLUTION # 2021-1370; Item # 55 RESOLUTION # 2021-1371; Item # 56 RESOLUTION # 2021-1372; Item # 57 RESOLUTION # 2021-1373; Item # 58 RESOLUTION # 2021-1374; Item # 59 RESOLUTION # 2021-1375; Item # 60 RESOLUTION # 2021-1376; Item # 61 RESOLUTION # 2021-1377; Item # 62 RESOLUTION # 2021-1378; Item # 63 RESOLUTION # 2021-1379; Item # 64 RESOLUTION # 2021-1380; Item # 65 RESOLUTION # 2021-1381; Item # 66 RESOLUTION # 2021-1382; Item # 67 RESOLUTION # 2021-1383; Item # 68 RESOLUTION # 2021-1384; Item # 69 RESOLUTION # 2021-1385;and, Item # 71 RESOLUTION # 2021-1388; ROLL CALL VOTE: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 70. RES. 2021-1386 – Res. that, the appointment by Mayor Jean Stothert of Sharlon Rodgers to the Board of Directors for the Omaha Municipal Land Bank, as representative for District 2, said term to commence December 22, 2021 and expire December 21, 2024, is hereby confirmed – see attached. A. Communications in opposition – see attached. Council President Pete Festersen opened the Public Hearing on Item 70. The following person(s) appeared and spoke: PROPONENTS: Shannon Snow, 1141 North 11th Street, Executive Director, Omaha Municipal Land Bank Sharlon Rodgers, 2616 North 32nd Avenue OPPONENTS: Cheryl Weston, 1811 Emmet Street JaQuala Yarbro, 2216 Military Avenue Sherman Wells, 4718 Kansas Avenue Larry Storer, 5015 Lafayette Avenue Scott Blake, 2316 North 52nd Street FOR THE CITY: Thomas Warren, Mayor’s Office Matt Kuhse, City Attorney, Law Department No one else came forward, and the public hearing was closed. COUNCIL PRESIDENT FESTERSEN LEFT THE LEGISLATIVE CHAMBERS AT 4:37 P.M. COUNCIL PRESIDENT FESTERSEN ENTERED THE LEGISLATIVE CHAMBERS AT 4:40 P.M. - 20 - MOTION by Harding, SECOND by Festersen that RESOLUTION # 2021-1386 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Melton, Palermo, Mr. President Nays: Johnson MOTION APPROVED 6-1 _______________________________________ ORDINANCES ON FINAL READING 72. ORD. 42809 – An ordinance to approve the Collective Bargaining Agreement for the years 2022, 2023, and 2024 between the City of Omaha and the Functional Employees Group to be codified in Chapter 22 and Chapter 23 of the Omaha Municipal Code; to provide that current separate Collective Bargaining Agreement between the City of Omaha and the Functional Employees Group will no longer be in effect after the end of the 2021 payroll year; to eliminate obsolete job classifications; to provide for placement of employees in the new pay plan; to amend Sections 23-177, 23-178, 23-342, 23-362, 23-363, 23-365, 23-369, 23-371, 23-402, 23-403, 23-404, 23-417, 22-26, 22-30, and 23-431 to 23-456 of the Omaha Municipal Code; to provide authorization for the Mayor to execute and the City Clerk to attest her signature – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. (REQUIRES SUPERMAJORITY VOTE OF 5 MEMBERS, VOTE TODAY) A. Personnel Board recommends approval. MOTION by Melton, SECOND by Festersen that ORDINANCE # 42809 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 73. ORD. 42813 – An ordinance to change City Council District boundaries, pursuant to Nebraska Revised Statute Sections 14-201.03 (Reissue 2012) and 32-553 (Reissue 2008); to repeal the City Council District boundaries as heretofore existing – (First Reading December 7, 2021; Second Reading and Public Hearing December 14, 2021; Third Reading December 21, 2021) – see attached. (VOTE TODAY) A. Amendment of the Whole requested by Councilmembers Johnson and Begley – see attached. B. Communication in opposition – see attached. C. Documentation from City Council Chief of Staff Jim Dowding – see attached. D. Communication from the Law Department – see attached. MOTION by Melton, SECOND by Festersen that the Amendment of the Whole for ORDINANCE # 42813 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ - 21 - RESOLUTION 74. RES. 2021-1387 – Res. that, it does hereby approve the settlement of the case entitled Anthony Magett v. City of Omaha and David Roshone, Case No. CI 20-1736, filed in the District Court of Douglas County, Nebraska, in the amount of $49,000.00 in full and complete satisfaction and settlement of this case. Further, the Law Department of the City of Omaha is hereby authorized and empowered to execute, deliver, approve, and receive all appropriate settlement documents to cause the conclusion of said case, including the Settlement Agreement and any necessary releases, and that the funds to satisfy the same shall be paid out of the Judgment Fund, Special Levy Judgment Fund No. 12111, Org. No. 121101, Acct. No. 46227 – see attached. (PUBLIC HEARING AND VOTE TODAY) Council President Pete Festersen opened the Public Hearing on Item 74. The following person(s) appeared and spoke: FOR THE CITY: Matt Kuhse, City Attorney, Law Department No one else came forward, and the public hearing was closed. MOTION by Melton, SECOND by Harding that RESOLUTION # 2021-1387 be approved ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 _______________________________________ ORDINANCES ON SECOND READING 75. ORD. 42827 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and HPIV, LLC and HPIV Market, LLC, to implement the Highlander Phase IV Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located south and east of Burdette and North 30th Streets, which proposes for the new construction of 20 residential structures with a total of 108 residential units, to include one mixed use building with 49 apartment units; the agreement authorizes the use of up to $1,480,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading December 14, 2021; Second Reading and Public Hearing December 21, 2021; Third Reading January 11, 2022) – see attached. (PUBLIC HEARING TODAY) Council President Pete Festersen opened the Public Hearing on Item 75. The following person(s) appeared and spoke: PROPONENTS: Shaun James, 3555 Farnam Street, Suite #1000, Attorney for the developer FOR THE CITY: Bridget Hadley, Planning Department - 22 - No one else came forward, and the public hearing was closed. 76. ORD. 42793 – An ordinance to approve a Real Estate Purchase and Sale Agreement between the City of Omaha and First National Bank of Omaha, for the transfer and sale of a parking garage generally located at 15th and Capitol Streets and commonly referred to as “Park Seven”; the agreement authorizes the sale of the Park Seven parking garage for the sum total consideration of $15,649,581.00, to consist of cash and real property – (First Reading December 14, 2021; Second Reading and Public Hearing December 21, 2021; Third Reading January 11, 2022) – see attached. (PUBLIC HEARING TODAY) Council President Pete Festersen opened the Public Hearing on Item 76. The following person(s) appeared and spoke: FOR THE CITY: Troy Anderson, Mayor’s Office No one else came forward, and the public hearing was closed. _______________________________________ NON-ACTION ITEMS (Items 77 through 117 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 DECEMBER 28, 2021, JANUARY 4, 2022, and JANUARY 18, 2022) MILLWORK COMMONS REPLAT 2 77. RES. 2021-1338 – Res. that, the Preliminary Plat entitled Millwork Commons Replat 2, a subdivision inside city limit, with a waiver to Section 53-8(4)(d), Lot frontage, located North of 13th and Nicholas Streets, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Paul Smith, Manager, Millwork District I, LLC – Inside City Limits – see attached. (LAID OVER TO THE JANUARY 11, 2022 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS) A. Planning Board and Planning Department recommend approval – see attached. SKYRIDGE VILLAS 78. RES. 2021-1339 – Res. that, the Preliminary Plat entitled Skyridge Villas, a subdivision inside city limits, located at 1999 Veterans Drive, along with the conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is hereby authorized. The applicant is Michael Maley Real Estate, LLC – Inside City Limits – see attached. (LAID OVER TO THE JANUARY 11, 2022 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS) A. Planning Board and Planning Department recommend approval – see attached. - 23 - THE CROSSROADS 79. ORD. 42821 – An ordinance to rezone property located Northwest of 72nd and Dodge Streets from R1-Single-Family Residential District (Large Lot), R8-High-Density Multiple- Family Residential District, LC-Limited Commercial District, and GC-General Commercial District to GC-General Commercial District – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. 80. ORD. 42822 – An ordinance to rezone property located Northwest of 72nd and Dodge Streets from R1-Single-Family Residential District (Large Lot), R8-High-Density Multiple- Family Residential District, LC-Limited Commercial District, and GC-General Commercial District to MU-Mixed Use District – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 81. ORD. 42823 – An ordinance to amend the boundaries of the ACI-2 Area of Civic Importance Overlay District, to incorporate into that district the properties located Northwest of 72nd and Dodge Streets – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 82. ORD. 42824 – An ordinance to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located Northwest of 72nd and Dodge Streets – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 83. ORD. 42825 – An ordinance to repeal the existing MCC-Major Commercial Corridor Overlay District for a portion of the site located Northwest of 72nd and Dodge Streets – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 84. ORD. 42826 – An ordinance to approve a Mixed Use District Development Agreement for property located northwest of 72nd and Dodge Streets between the City of Omaha and KJ Crossroads Venture LLC, providing site development standards – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 85. RES. 2021-1306 – Res. that, the Final Plat transmitted entitled The Crossroads, a minor plat inside city limits, located northwest of 72nd and Dodge Streets is hereby approved and concurrently a portion of the existing plats entitled Crossroads 1st Addition and Campbellvale and described on said replat are hereby vacated. The applicant is Lockwood - 24 - Development – Inside City Limits – see attached. (LAID OVER TO THE JANUARY 11, 2022 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 79-84) A. Planning Board and Planning Department recommend approval – see attached. 86. RES. 2021-1307 – Res. that, the Subdivision Agreement among the City of Omaha, KJ Crossroads Venture, LLC, and the Crossroads Master Property Owners Association, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as The Crossroads (Lots 1-16 and Outlots A-E) and is located northwest of 72nd and Dodge Street – see attached. (LAID OVER TO THE JANUARY 11, 2022 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 79-84) PACIFI C STREET WEST REPLAT FIFTEEN 87. ORD. 42828 – An ordinance to rezone property located northwest of 203rd and Pierce Streets from DR-Development Reserve District and MU-Mixed Use District to DR- Development Reserve District – (First Reading December 21, 2021; Second Reading January 11, 2022; Third Reading, Public Hearing and Vote January 25, 2022) – see attached. 88. ORD. 42829 – An ordinance to rezone property located northwest of 203rd and Pierce Streets from DR-Development Reserve District and MU-Mixed Use District to MU-Mixed Use District – (First Reading December 21, 2021; Second Reading January 11, 2022; Third Reading, Public Hearing and Vote January 25, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 89. RES. 2021-1340 – Res. that, the Final Plat transmitted herewith entitled Pacific Street West Replat Fifteen, located northwest of 203rd and Pierce Streets, is hereby approved, and concurrently a portion of the existing plats entitled Pacific Street West Replat Three and Pacific Street West Replat Eight, and described on said replat, is hereby vacated. The applicant is Magnum Development Corporation – Outside City Limits – see attached. (LAID OVER TO THE JANUARY 25, 2022 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 87 AND 88) A. Planning Board and Planning Department recommend approval – see attached. 90. RES. 2021-1341 – Res. that, the Subdivision Agreement between the City of Omaha and 204 Pacific, LLC, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Pacific Street West Replat Fifteen (Lot 1 and Outlot A) and is located northwest of 203rd and Pierce Streets – see attached. (LAID OVER TO THE JANUARY 25, 2022 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 87 AND 8 8) THE HILL 91. ORD. 42830 – An ordinance to rezone property located northeast of 168th and State Streets from AG-Agricultural District to DR-Development Reserve District – (First Reading December 21, 2021; Second Reading January 11, 2022; Third Reading, Public Hearing and Vote January 25, 2022) – see attached. - 25 - 92. ORD. 42831 – An ordinance to rezone property located northeast of 168th and State Streets from AG-Agricultural District to R4-Single-Family Residential District (High- Density) – (First Reading December 21, 2021; Second Reading January 11, 2022; Third Reading, Public Hearing and Vote January 25, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 93. RES. 2021-1342 – Res. that, the Final Plat entitled The Hill (Lots 1-171, Outlots A-D), a subdivision outside city limits, located northeast of 168th and State Streets, is hereby approved and accepted. The applicant is Woodsonia 168/State, LLC – Outside City Limits – see attached. (LAID OVER TO THE JANUARY 25, 2022 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 91 AND 92) A. Planning Board and Planning Department recommend approval – see attached. 94. RES. 2021-1343 – Res. that, the Subdivision Agreement among the City of Omaha, Woodsonia 168-State, LLC, The Hill Owners Association, and Sanitary and Improvement District (S.&I.D.) 616 of Douglas County, Nebraska, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as The Hill (Lots 1-171 and Outlots A- D) and is located northeast of 168th and State Streets – see attached. (LAID OVER TO THE JANUARY 25, 2022 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 91 AND 92) PLANNING ORDINANCES ON SECOND READING WITH PLANNING BOARD ATTACHMENTS 95. ORD. 42814 – An ordinance to rezone property located at 3724 Farnam Street from GC- General Commercial District to NBD-Neighborhood Business District (property is located within an ACI-1 Overlay District) – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 96. ORD. 42819 – An ordinance to rezone property located at 3717 and 3721 Dodge Street from R8-High-Density Multiple-Family Residential District to GO-General Office District (property is located in an ACI-2 Overlay District) – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 97. ORD. 42820 – An ordinance to approve a Major Amendment to the PUR-Planned Unit Redevelopment Overlay District located at 13325 Millard Avenue, to approve the Development Plan – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 98. ORD. 42817 – An ordinance to rezone property located southwest of 102nd and Nicholas Streets from CC-Community Commercial District and GC-General Commercial District to CC-Community Commercial District (property is located in an ACI-3 Overlay District) – - 26 - (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. 99. ORD. 42818 – An ordinance to rezone property located Southwest of 102nd and Nicholas Streets from CC-Community Commercial District and GC-General Commercial District to GC-General Commercial District (property is located in an ACI-3 Overlay District) – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 100. ORD. 42815 – An ordinance to rezone property located at 2002 Vinton Street from GC- General Commercial District to NBD-Neighborhood Business District – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. 101. ORD. 42816 – An ordinance to amend the boundaries of the NCE-C Neighborhood Conservation and Enhancement Overlay District, to incorporate into that district the property located at 2002 Vinton Street – (First Reading December 14, 2021; Second Reading December 21, 2021; Third Reading, Public Hearing and Vote January 11, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS 102. RES. 2021-1278 – Res. that, the Skylark Development Tax Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located at 101, 115 & 117 S 38th Avenue, which proposes the construction of a new six (6) story mixed use building with 130 apartment units and some first floor commercial uses, and authorizes the City’s participation through the allocation of TIF in an amount up to $3,800,000.00, plus accrued interest, to offset TIF eligible expenses including, but not limited to acquisition, architecture and engineering, site preparation including environmental and demolition, and public improvements as required, containing a provision for the division of ad valorem taxes as authorized by Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and determined to be in conformance with the Community Development Law and as recommended by the City Planning Department, be and hereby is approved – see attached. (LAID OVER TO THE JANUARY 11, 2022 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING) 103. RES. 2021-1279 – Res. that, the Saddle Creek Voightman Tax Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site located at 609 South 48th Street, which proposes the redevelopment of 3 acres into an innovation hub of commercial space and community amenities. The existing structures will be repurposed into long-term office rentals, co-working spaces, an event hall and a market hall, and authorizes the City’s participation through the allocation of TIF in an amount up to $8,161,202.00, plus accrued interest, to offset TIF eligible costs, including, but not limited to rehabilitation and public infrastructure improvements and any other public improvements as may be required, containing a provision for the division of ad valorem taxes as authorized by Section 18- 2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and determined to be in conformance with the Community Development Law and as recommended by the City Planning Department, be and hereby is approved – see attached. (LAID OVER TO THE - 27 - JANUARY 11, 2022 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING) ORDINANCES ON FIRST READING 104. ORD. 42832 – An ordinance to approve a Major Amendment to a Mixed Use District Development Agreement for Altech Business Park, located Northwest of 148th and D Streets, between the City of Omaha and Ted Grace, 148 Place, LLC, providing site development standards – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. A. Planning Board and Planning Department recommend approval – see attached. 105. ORD. 42833 – An ordinance approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and Warhorse Gaming Omaha, LLC, a Nebraska limited liability company, to implement the Warhorse Casino Omaha Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 6303 Q Street, which proposes the comprehensive renovation of the existing building, and will also substantially expand the facility with additional new construction. The renovated expanded facility will be a casino, racing and entertainment complex; the agreement authorizes the use of up to $17,500,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 106. SPECIAL ORD. 10307 – An ordinance levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha – Group 2022-01 – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 107. SPECIAL ORD. 10308 – An ordinance levying a special tax assessment for litter removal in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha – Group 2022-02 – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 108. SPECIAL ORD. 10309 – An ordinance levying a special tax assessment for the removal and/or trimming of trees, bushes, shrubs, hedges and any other vegetation in accordance with Sections 37-1 through 37- 95 of the Omaha Municipal Code on certain lots in the City of Omaha – Group 2022-03 – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 109. SPECIAL ORD. 10310 – An ordinance levying a special tax and assessment on those lots and pieces of real estate within the Benson Business Improvement District No. 6875 and the City of Omaha to cover the costs and expenses of the Benson Business Improvement District No. 6875 created by Ordinance No. 38876 on November 23, 2010 and amended by Ordinance No. 39207 on December 20, 2011 which remain unpaid for 2020 – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. - 28 - 110. SPECIAL ORD. 10311 – An ordinance levying a special tax and assessment on those lots and pieces of real estate within the Blackstone Business Improvement District No. 6877 and the City of Omaha to cover the costs and expenses of the Blackstone Business Improvement No. 6877 created by Ordinance No. 39864 on December 10, 2013, amended by Ordinance No. 40480 on August 25, 2015, reauthorized by Ordinance No. 41350 on December 12, 2017 and amended by Ordinance No. 41624 approved on October 30, 2018 which remain unpaid for 2020 – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 111. SPECIAL ORD. 10312 – An ordinance levying a special tax and assessment on those lots and pieces of real estate within the Dundee Business Improvement District No. 6876 and the City of Omaha to cover the costs and expenses of the Dundee Business Improvement District No. 6876 created by Ordinance No. 39268 approved March 13, 2012 and amended by Ordinance No. 41911 on July 30, 2019 which remain unpaid for 2020 – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 112. SPECIAL ORD. 10313 – An ordinance levying a special tax and assessment on those lots and pieces of real estate within the Elkhorn Business Improvement District No. 6878 and the City of Omaha to cover the costs and expenses of the Elkhorn Business Improvement District No. 6878 created by Ordinance No. 40993 on December 13, 2016 which remain unpaid for 2020 – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 113. SPECIAL ORD. 10314 – An ordinance levying a special tax and assessment on those lots and pieces of real estate within the North 24th Street Business Improvement District No. 6879 and the City of Omaha to cover the costs and expenses of the North 24th Street Business Improvement District No. 6879 created by Ordinance No. 42190 on June 2, 2020, which remain unpaid for 2020 – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 114. ORD. 42834 – An ordinance approving the Interlocal Cooperation Act Agreement between the City of Omaha and the Papio-Missouri River Natural Resources District describes the terms and conditions upon which the parties intend to equally share the costs not reimbursed through the federal aid for the design, development and construction of the West Papio Trail Millard Connection (Harry Andersen Drive to Millard Avenue). The Papio-Missouri River Natural Resources District (NRD) will act as the lead administrator for the design, development and construction of the West Papio Trail Millard Connection – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 115. ORD. 42835 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Missing Person Research Specialist with a salary range of 7.1 MC ($45,906 to $55,557); to repeal Section 23 - 177 as heretofore existing – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 116. ORD. 42836 – An ordinance to accept the bid from Quick City Delivery for interoffice mail courier services between various Public Works facilities, at a cost of $18,659.64 per year, for a period of three (3) years, with sole option by the City to extend the price agreement for up to five (5) additional one-year periods; providing for the payments from - 29 - appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956 as amended; to authorize the Purchasing Agent to issue a purchase order – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. 117. ORD. 42837 – An ordinance to establish, pursuant to Section 40-251 of the Omaha Municipal Code, a Class “B” Flammable Liquids Storage District to be known as District No. B-210 at 6789 North 67th Plaza, as requested by Immanuel, Inc – (First Reading December 21, 2021; Second Reading and Public Hearing January 11, 2022; Third Reading January 25, 2022) – see attached. EXECUTIVE SESSION 118. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation. ADJOURNMENT: MOTION by Palermo, SECOND by Festersen that the meeting be adjourned ROLL CALL: Yeas: Rowe, Begley, Harding, Johnson, Melton, Palermo, Mr. President Nays: None MOTION APPROVED 7-0 MEETING ADJOURNED AT: 5:23 P.M. I, KIMBERLY HOESING, DEPUTY 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 December 21, 2021. WITNESS: DEPUTY CITY CLERK: s/Sherri Brown s/Kimberly Hoesing ______________________________________ _____________________________________ Sherri Brown, Executive Secretary Kimberly Hoesing CITY OF OMAHA CITY COUNCIL PRE-COUNCIL MEETING JOURNAL TUESDAY, DECEMBER 21, 2021 ROSKENS ROOM @ 10:30 A.M. Omaha/Douglas Civic Center 1819 Farnam Street, Omaha, NE 68183 www.cityofomaha.org THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, December 21, 2021 at 10:30 A.M, in the Roskens Room, Farnam Level, Omaha/Douglas Civic Center, Omaha, Nebraska and was called to Order by Council President Pete Festersen. Present were Councilmembers Begley, Harding, Melton, Palermo, Rowe, Mr. President (Festersen); Councilmember Johnson entered the meeting at 10:32 a.m. Others present were Jim Dowding, Elizabeth Butler, Kimberly Hoesing, Steve Curtiss, Matt Kuhse, Deb Sander, Franklin Thompson, Troy Anderson, Kevin Andersen, Todd Pfitzer, Jim Theiler, Maggie Gibson, Liz Birkel-Leddy, Steve Scarpello, Amber Parker, Bernard in den Bosch, Heather Tippey Pierce, Bridget Hadley, Matt Kalcevich, Gerald Kuhn, Anna Bespoyasny, Donna Waller, Thomas Warren, Jennifer Taylor, Eric Englund, Kent Smith. CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT 1. City Clerk certified publication in the Daily Record, the Official Newspaper of the City of Omaha on December 17, 2021, notice of the Pre-Council and Regular City Council Meetings, December 21, 2021. 2. A current copy of the Open Meeting Act is posted in a white binder on the north wall of the Roskens Room. DISCUSSION TOPICS 3. Discussion of Agenda Items 15, 16, 17, 29, 68, 69, 70, 71, 73, 74 and 76. EXECUTIVE SESSION 4. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters, and litigation. ADJOURNMENT MEETING ADJOURNED AT: 10:53 A.M. I, Kimberly Hoesing, DEPUTY CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is a true and correct copy of the proceedings of the Pre-Council Meeting of the City of Omaha held on December 21, 2021. WITNESS: DEPUTY CITY CLERK: s/Sherri Brown s/Kimberly Hoesing _________________________________ ___________________________________ Sherri Brown, Executive Secretary Kimberly Hoesing