2023-02-14j
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JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, FEBRUARY 14, 2023
@ 2:00 PM
LEGISLATIVE CHAMBERS,
1819 FARNAM STREET
OMAHA, NEBRASKA
OMAHA CITY COUNCILMEMBERS
Pete Festersen – Council President District 1
Vinny Palermo – Council Vice President District 4
Juanita Johnson District 2
Danny Begley District 3
Don Rowe District 5
Brinker Harding District 6
Aimee Melton District 7
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THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, February 14,
2023 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 # 2023-0158.
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 February 10, 2023, notice of the Pre-Council and Regular City Council
Meetings, February 14, 2023 – CCID # 2023-0159.
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
LIQUOR
6. RES. 2023-0160 – Class C Liquor License for Palacio, LLC, dba “Palacio”, located at 3504
Center Street. (New application, new location). Notice of public hearing was posted on the
property on 01-23-2023; Notification was sent to property owners within 500 feet on 02-
03-2023 – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Communications in opposition – see attached.
B. Communication from the Applicant – see attached.
C. Communications in support – see attached.
D. Communication from the Applicant requesting amendment to Class I – see
attached.
Council President Pete Festersen opened the Public Hearing on Item 6.
The following person(s) appeared and spoke:
PROPONENTS:
Andrew Collins, 10330 Regency Parkway Drive, Attorney for the applicant
Melanie Phelan, 1901 South 7th Street
Milt Schneider, 4530 Manchester Drive, applicant
FOR THE CITY:
Matt Kuhse, Director, City Attorney
No one else came forward, and the public hearing was closed.
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MOTION by Begley, SECOND by Palermo that the application for RESOLUTION # 2023-
0160 be approved with an amendment from Class C to Class I
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
Motion by Begley, SECOND by Palermo that RESOLUTION # 2023-0160 be approved AS
AMENDED with stipulations
ROLL CALL:
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 January 31, 2023.)
7. ORD. 43295 – An ordinance to rezone property located at 7116 and 7126 Northland Drive
from DR – Development Reserve District and R1 – Single-Family Residential District
(Large Lot) to R1 – Single-Family Residential District (Large Lot) – (First Reading
January 31, 2023; Second Reading February 7, 2023; Third Reading, Public Hearing and
Vote February 14, 2023) – 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:
Ed Andress, 7116 Northland Drive, applicant
No one else came forward, and the public hearing was closed.
COUNCILMEMBER JOHNSON LEFT THE LEGISLATIVE CHAMBERS AT 2:30 P.M.
COUNCILMEMBER JOHNSON ENTERED THE LEGISLATIVE CHAMBERS AT 2:32 P.M.
MOTION by Harding, SECOND by Rowe that ORDINANCE # 43295 be approved
ROLL CALL:
Yeas: Begley, Harding, Melton, Palermo, Rowe, Mr. President
Nays: None
Absent: Johnson
MOTION APPROVED 6-0
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8. ORD. 43296 – An ordinance to rezone property located at 3131 South 72nd Street from
GO – General Office District to CC – Community Commercial District – (First Reading
January 31, 2023; Second Reading February 7, 2023; Third Reading, Public Hearing and
Vote February 14, 2023) – 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:
Lindy Rogers, Houston Engineering, 12702 Westport Parkway, Suite # 300
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that ORDINANCE # 43296 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
9. ORD. 43297 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 3711 North
90th Street – (First Reading January 31, 2023; Second Reading February 7, 2023; Third
Reading, Public Hearing and Vote February 14, 2023) – 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 9.
No one came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that ORDINANCE # 43297 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 10 through 12
were held on February 7, 2023.
(Required notices of the public hearings were published in the Daily Record on February 3, 2023.)
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10. ORD. 43298 – 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 (11)
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, 2022 and
ending on July 31, 2023; reimbursement from the Omaha Public Schools to the City will be
in the amount of $35.00 per hour for each officer for the 2022 - 2023 school year – (First
Reading January 31, 2023; Second Reading and Public Hearing February 7, 2023; Third
Reading February 14, 2023) – see attached.
11. ORD. 43299 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the Department of Justice, United States Marshals
Service Joint Law Enforcement Operations Task Force in the amount of $87,953.62,
during the project period of October 12, 2022 to September 30, 2023; to be utilized by the
Omaha Police Department to support overtime operations; 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 January 31, 2023; Second
Reading and Public Hearing February 7, 2023; Third Reading February 14, 2023) – see
attached.
12. ORD. 43300 – An ordinance to authorize the Mayor and the City of Omaha Law
Department to execute a settlement agreement, property sale documents, and any other
necessary agreements between the City of Omaha and Bruce Kaiman, Sol’s Jewelry and
Loan, Inc., and Nodo Lots, L.L.C. in the amount of $10,564,178.33 plus reasonable closing
expenses, less the $2,625,000.00 previously paid in the condemnation proceeding; to
purchase properties located at 1502 Cass Street, 1515 California Street, 507 N. 16th
Street, 513 N. 16th Street, and 514 N. 16th Street and settle any and all claims from the
condemnation appeal currently pending in the District Court of Douglas County, entitled
City of Omaha, Nebraska vs. 1502 California Street, Bruce Kaiman, Case No. CI 22-5847
as part of the Builder’s District at NoDo Redevelopment Plan, pursuant to the Nebraska
Community Development Law; 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 authorize the Finance Department to allocate funds from
Fund No. 13111 (Advanced Acquisition), Organization No. 131551 (Advanced Acquisition)
and take the necessary steps to implement this Ordinance – (First Reading January 31,
2023; Second Reading and Public Hearing February 7, 2023; Third Reading February 14,
2023) – see attached.
MOTION by Melton, SECOND by Festersen that the following items be approved:
Item # 10 ORDINANCE # 43298; Item # 11 ORDINANCE # 43299; and,
Item # 12 ORDINANCE # 43300;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
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Council President Festersen announced that the public hearings on Agenda Items 13 through 27
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 ITEMS 25 AND 26 WERE
REMOVED FROM THE CONSENT AGENDA.
CONSENT AGENDA – RESOLUTIONS
13. RES. 2023-0161 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to AFL, LLC dba Anderson Ford of Lincoln for the
purchase of one (1) Ford F-150 Crew Cab 4x4 pickup, to be utilized by the Street
Maintenance Division, in the amount of $45,889.00. (The Finance Department is
authorized to pay the cost of this purchase from the Street Allocation Fund 12131,
Pavement Maintenance Organization 116158, year 2023 funding.) – see attached.
14. RES. 2023-0162 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Jensen Gardens, Inc. for the procurement of 2023
Fontenelle Park Green Infrastructure Maintenance Services to be utilized by the
Environmental Quality Control Division in the amount of $26,050.00. (The Finance
Department is authorized to pay the cost of this purchase from the Sewer Revenue Fund
21211, Combined Sewer Overflow & Stormwater Program Organization 116714.) – see
attached.
15. RES. 2023-0163 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Jensen Gardens, Inc. for the procurement of 2023
Gilmore-Sarpy Ave. Green Infrastructure Maintenance Services to be utilized by the
Environmental Quality Control Division in the amount of $26,950.00. (The Finance
Department is authorized to pay the cost of this procurement from the Sewer Revenue
Fund 21121, Combined Sewer Overflow & Stormwater Program Organization 116714.) –
see attached.
16. RES. 2023-0164 – Res. that, as recommended by the Mayor, Change Order No. 2 for
OPW 53836, being the SOIA Headworks Pumping and Piping Upgrade Project with
Eriksen Construction Company, Inc. for additional work, is hereby approved. (The Finance
Department is authorized to pay an additional sum of $114,990.33, for this change order,
from the Sewer Revenue Improvements Fund 21124, Capital Asset Replacement
Program Organization 116913; Sewer Revenue Bonds will be issued to finance this
project.) – see attached.
17. RES. 2023-0165 – Res. that, as recommended by the Mayor, the Professional Services
Agreement between the City of Omaha and Felsburg Holt & Ullevig, Inc. for preliminary
engineering services on Project MAPA-28(145), State Control No. 22878, and OPW
54372, Signal Operations, 90th Street and Blondo Street Project, with a cost to the City of
$42,936.55, is hereby approved. (To be paid from the 2018 Transportation Bond Fund
13185, Organization 117117. The City Council hereby authorizes the Mayor and City Clerk
to sign the Agreement on behalf of the City of Omaha.) – see attached.
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18. RES. 2023-0166 – Res. that, as recommended by the Mayor, the Professional Services
Agreement between the City of Omaha and HDR Engineering, Inc. for preliminary
engineering services on Project MAPA-28(144), State Control No. 22877, and OPW
54371, Signal Operations, 144th Street and Q Street Project, with a cost to the City of
$40,303.27, is hereby approved. (To be paid from the 2018 Transportation Bond Fund
13185, Organization 117117. The City Council hereby authorizes the Mayor and City Clerk
to sign the Agreement on behalf of the City of Omaha.) – see attached.
19. RES. 2023-0170 – Res. that, as recommended by the Mayor, the purchase of Trap &
Skeet Range Clay Targets for 2023, for the Harry A. Koch Trap & Skeet Range at Seymour
Smith Park, not to exceed $272,307.12, is hereby approved. (The Purchasing Agent is
authorized to issue an open purchase order in conformance herewith. Funds in this
amount shall be paid from the City Wide Sports Revenue Fund No. 21108 and
Organization No. 115366, Trap & Skeet.) – see attached.
20. RES. 2023-0173 – Res. that, as recommended by the Mayor, in accordance with Section
5.16 of the Home Rule Charter of the City of Omaha, 1956, Omaha Public Library is hereby
authorized to purchase unique or non-competitive articles or services from Midwest Tape
in an amount not to exceed $295,000.00 during the period of January 1, 2023 through
December 31, 2023. (The Finance Department is authorized to pay $295,000.00 for the
cost of purchases from the 2023 General Fund 11111, Organization 117016.) – see
attached.
21. RES. 2023-0174 – Res. that, as recommended by the Mayor, in accordance with Section
5.16 of the Home Rule Charter of the City of Omaha, 1956, Omaha Public Library is hereby
authorized to purchase unique or non-competitive articles or services from Ingram Library
Services in an amount not to exceed $375,000.00 during the period of January 1, 2023
through December 31, 2023. (The Finance Department is authorized to pay $375,000.00
for the cost of purchases from the 2023 General Fund 11111, Organization 117016.) –
see attached.
22. RES. 2023-0175 – Res. that, as recommended by the Mayor, in accordance with Section
5.16 of the Home Rule Charter of the City of Omaha, 1956, Omaha Public Library is hereby
authorized to purchase unique or non-competitive articles or services from OverDrive, Inc.
in an amount not to exceed $400,000.00 during the period of January 1, 2023 through
December 31, 2023. (The Finance Department is authorized to pay $400,000.00 for the
cost of purchases from the 2023 General Fund 11111, Organization 117016.) – see
attached.
23. RES. 2023-0176 – Res. that, as recommended by the Mayor, in accordance with Section
5.16 of the Home Rule Charter of the City of Omaha, 1956, Omaha Public Library is hereby
authorized to purchase unique or non-competitive articles from WT Cox in an amount not
to exceed $55,000.00 during the period of January 1, 2023 through December 31, 2023.
(The Finance Department is authorized to pay $55,000.00 for the cost of purchases from
the 2023 General Fund 11111, Organization 117016.) – see attached.
24. RES. 2023-0177 – Res. that, as recommended by the Mayor, in accordance with Section
5.16 of the Home Rule Charter of the City of Omaha, 1956, Omaha Public Library is hereby
authorized to purchase unique or non-competitive articles or services from Baker & Taylor
in an amount not to exceed $630,000.00 during the period of January 1, 2023 through
December 31, 2023. (The Finance Department is authorized to pay $630,000.00 for the
cost of purchases from the 2023 General Fund 11111, Organization 117016.) – see
attached.
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25. RES. 2023-0178 – Res. that, the appointment by Mayor Jean Stothert of Joseph Pogge
as an alternate member of the Zoning Board of Appeals, said term commencing February
14, 2023 and expiring on February 13, 2028, be and hereby is confirmed and approved.
– see attached. (REMOVED FROM CONSENT AGENDA)
26. RES. 2023-0156 – Res. that, as recommended by the Mayor, the Agreement between the
City of Omaha and Midwest Storage Solutions, Inc, for moving services needed for the
Omaha Public Library at 1401 Jones Street, is hereby approved. (The Finance
Department is authorized to pay a fee of $24,663.34 from the Library Facilities Capital
Fund 13499, Library Facilities Capital Organization 131593, year 2023 funding.) – see
attached. (POSTPONED FROM THE FEBRUARY 7, 2023 CITY COUNCIL MEETING)
(REMOVED FROM CONSENT AGENDA)
27. RES. 2023-0157 - Res. that, as recommended by the Mayor, the Agreement between the
City of Omaha and AOI, for procurement of furniture needed for the Omaha Public Library
at 1401 Jones Street, is hereby approved. (The Finance Department is authorized to pay
a fee of $53,817.52 from the Library Facilities Capital Fund 13499, Library Facilities
Capital Organization 131593, year 2023 funding.) – see attached. (POSTPONED FROM
THE FEBRUARY 7, 2023 CITY COUNCIL MEETING)
Council President Pete Festersen opened the Public Hearing on Items 13 through 24 and 27.
No one came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 13 RESOLUTION # 2023-0161; Item # 14 RESOLUTION # 2023-0162;
Item # 15 RESOLUTION # 2023-0163; Item # 16 RESOLUTION # 2023-0164;
Item # 17 RESOLUTION # 2023-0165; Item # 18 RESOLUTION # 2023-0166;
Item # 19 RESOLUTION # 2023-0170; Item # 20 RESOLUTION # 2023-0173;
Item # 21 RESOLUTION # 2023-0174; Item # 22 RESOLUTION # 2023-0175;
Item # 23 RESOLUTION # 2023-0176; Item # 24 RESOLUTION # 2023-0177;and,
Item # 27 RESOLUTION # 2023-0157;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
25. RES. 2023-0178 – Res. that, the appointment by Mayor Jean Stothert of Joseph Pogge
as an alternate member of the Zoning Board of Appeals, said term commencing February
14, 2023 and expiring on February 13, 2028, be and hereby is confirmed and approved.
– see attached.
Council President Pete Festersen opened the Public Hearing on Item 25.
FOR THE CITY:
Dave Fanslau, Director, Planning Department
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2023-0178 be approved
ROLL CALL:
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Yeas: Begley, Harding, Melton, Palermo, Rowe, Mr. President
Nays: Johnson
MOTION APPROVED 6-1
26. RES. 2023-0156 – Res. that, as recommended by the Mayor, the Agreement between the
City of Omaha and Midwest Storage Solutions, Inc, for moving services needed for the
Omaha Public Library at 1401 Jones Street, is hereby approved. (The Finance
Department is authorized to pay a fee of $24,663.34 from the Library Facilities Capital
Fund 13499, Library Facilities Capital Organization 131593, year 2023 funding.) – see
attached. (POSTPONED FROM THE FEBRUARY 7, 2023 CITY COUNCIL MEETING)
A. Amendment – see attached.
Council President Pete Festersen opened the Public Hearing on Item 26.
The following person(s) appeared and spoke:
OPPONENTS:
Luis Jimenez, 2709 Dewey Avenue
FOR THE CITY:
Andrew Brott, Finance Department
Marco Floreani, Mayor’s Office
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Rowe that RESOLUTION # 2023-0156 be amended to
change the funding source to General Fund 11111 and Downtown Library 117035.
ROLL CALL:
Yeas: Begley, Harding, Melton, Palermo, Rowe, Mr. President
Nays: Johnson
MOTION APPROVED 6-1
Motion by Melton, SECOND by Harding that RESOLUTION # 2023-0156 be approved AS
AMENDED
ROLL CALL:
Yeas: Begley, Harding, Melton, Palermo, Rowe, Mr. President
Nays: Johnson
MOTION APPROVED 6-1
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RESOLUTIONS
City Clerk Elizabeth Butler stated that Items 28 and 29 could be considered together.
28. RES. 2023-0171 – Res. that, as recommended by the Mayor, the Professional Services
Agreement in the total amount of $33,650.00 for Prochaska & Associates to perform
professional services for the Fontenelle Park Pavilion, is hereby approved. (The Finance
Department is authorized to pay the total amount of $33,650.00 from the Covid Relief
Fund 17115, Organization No. 115012, Park Planning.) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
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29. RES. 2023-0172 – Res. that, as recommended by the Mayor, the Professional Services
Agreement in the total amount of $217,650.00 for Confluence to perform professional
services for Lynch Park Renovation Phase One, is hereby approved. (The Finance
Department is authorized to pay the total amount of $217,650.00 from the Covid Relief
Fund 17115, Organization No. 115012, Park Planning.) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Items 28 and 29.
The following person(s) appeared and spoke:
PROPONENTS:
Donnie Johnson, 4928 North 52nd Street
FOR THE CITY:
Matt Kalcevich, Director, Parks, Recreation and Public Property
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Harding that the following items be approved:
Item # 28 RESOLUTION # 2023-0171; and, Item # 29 RESOLUTION # 2023-0172;
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
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ORDINANCES ON SECOND READING
30. ORD. 43305 – An ordinance to accept the bid of Miller & Sons Golf Cars in the total amount
of $340,896.00 for the lease of one-hundred six (106) gas-powered golf cars for the Golf
Division of the Parks, Recreation and Public Property Department; for four (4) years with
the lease commencing in June 2023, through June 2027, to authorize annual payments
as specified therein in the amount of $85,224.00 per year, for a total amount of
$340,896.00 – (First Reading February 7, 2023; Second Reading and Public Hearing
February 14, 2023; Third Reading February 28, 2023) – see attached. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 30.
PROPONENTS:
Donnie Johnson, 4928 North 52nd Street
FOR THE CITY:
Matt Kalcevich, Director, Parks, Recreation and Public Property
No one else came forward, and the public hearing was closed.
31. ORD. 43306 – An ordinance to create Section 23-572 of Chapter 23 of the Omaha
Municipal Code to reflect changes negotiated between the City of Omaha and the
Professional Fire Service Manager Association which provides that the Special Pay 401(a)
Plan and Health Reimbursement Arrangement (HRA) Plan currently in place will be
extended to members of the Professional Fire Service Manager Association; to provide
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for approval of Adoption Agreements of the Special Pay 401(a) Plan and HRA Plan for
members of the Professional Fire Service Manager Association; to provide that any
ordinances of the City of Omaha, and any rules and regulations promulgated thereunder,
which are in conflict with this ordinance shall not be applicable to those employees in the
Professional Fire Service Manager Association – (First Reading February 7, 2023; Second
Reading and Public Hearing February 14, 2023; Third Reading February 28, 2023) – see
attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 31.
No one came forward, and the public hearing was closed.
32. ORD. 43307 – An ordinance (1) to approve an agreement between the City of Omaha and
the Women’s Center for Advancement in the amount of $49,171.18; and (2) to authorize
funding for such agreement from the City of Omaha’s FY 2019 STOP Violence Against
Women (VAWA) Grant, Award #2019-WF-AX-0004 Sub-Grant #197-2021-VW4008
($30,142.91) and FY 2021 STOP VAWA Grant, Award #15JOVW -21-GG-00535-STOP
Sub-Grant #197-2021-VW4008 ($19,028.27), awarded by the Nebraska Crime
Commission; to provide partial funding for one (1) full-time Client Attorney and one (1) full-
time Victim Advocate, Supplies, and Indirect Costs as part of the Douglas County
Community Response Team; involving appropriations of more than one year in conformity
with Section 5.17 of the Home Rule Charter – (First Reading February 7, 2023; Second
Reading and Public Hearing February 14, 2023; Third Reading February 28, 2023) – see
attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 32.
No one came forward, and the public hearing was closed.
33. ORD. 43308 – An ordinance (1) to approve an agreement between the City of Omaha and
the Douglas County Board of Commissioners, Douglas County Administrative Offices in
the amount of $110,471.00; and (2) to authorize funding for such agreement from the City
of Omaha’s FY 2021 STOP VAWA Grant, Award #15JOVW -21-GG-00535-STOP Sub-
Grant #197-2021-VW4008, awarded by the Nebraska Crime Commission; to provide
partial funding for one (1) full-time Prosecution Liaison and one (1) full-time Misdemeanor
Prosecutor; involving appropriations of more than one year in conformity with Section 5.17
of the Home Rule Charter – (First Reading February 7, 2023; Second Reading and Public
Hearing February 14, 2023; Third Reading February 28, 2023) – see attached. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 33.
No one came forward, and the public hearing was closed.
34. ORD. 43309 – An ordinance to approve exercising both one-year options in a Contract
between the City of Omaha, and SilverStone Group, Inc; the contract was for a three-year
term and was approved on June 16, 2020 by Ordinance No. 42252; the cost of the first
one-year option being a monthly fee of $15,000.00 and the cost of the second one-year
option being a monthly fee of $15,400.00; such funds to be paid from General Fund 11111,
Organizations 105011-105015 for services related to Human Resources functions such
as open enrollment, compliance, and communication assistance; from General Fund
11111, Organizations 118018 (Active), 118014 (Retiree), 118015 (COBRA), Account
41331 for services related to healthcare; and from General Fund 11111, Organization
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118017, Account 42135, for services related to workers’ compensation and related fields;
and to provide an effective date hereof – (First Reading February 7, 2023; Second
Reading and Public Hearing February 14, 2023; Third Reading February 28, 2023) – see
attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 34.
FOR THE CITY:
Cristen Cavel, Human Resources Department
Deb Sander, Director, Human Resources Department
No one else came forward, and the public hearing was closed.
35. ORD. 43314 – An ordinance to approve a Streetscape Maintenance Agreement between
the City of Omaha and Noddle BD1, LLC, concerning the allowable streetscape and
landscape improvements in the right-of-way and the private maintenance and liability
obligations thereof for the Noddle BD1, LLC site at 1501 Mike Fahey Street; to authorize
the execution of said Agreement; and to provide an effective date thereof - (First Reading
February 7, 2023; Second Reading and Public Hearing February 14, 2023; Third Reading
February 28, 2023) – see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 35.
PROPONENTS:
Todd Swircek, Noddle Companies, 2111 South 67th Street
No one else came forward, and the public hearing was closed.
36. ORD. 43315 – An ordinance to approve an Interlocal Agreement between the City of
Omaha and the Village of Boys Town for the upgrades and maintenance of the traffic
signal system located at 137th Street and West Dodge Road Eastbound Ramp, involving
the reimbursement of money involving appropriations of more than one year in accordance
with Section 5.17 of the Home Rule Charter of 1956, as amended; and to provide an
effective date hereof - (First Reading February 7, 2023; Second Reading and Public
Hearing February 14, 2023; Third Reading February 28, 2023) – see attached. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 36.
No one came forward, and the public hearing was closed.
37. ORD. 43316 – An ordinance to amend Ordinance No. 43139, passed by City Council on
October 25, 2022, which vacated the east-west alley within Block 1, Kent’s Addition to
South Omaha, lying east of the east right-of-way line of South 42nd Street, abutting Lots
1-13, Block 1, Kent’s Addition and abutting Lot 10 on the north property line, Mount
Douglas 1st Addition, containing 4,113 square feet, in the City of Omaha, Douglas County,
Nebraska; providing for the reversion or transfer of the same; and providing the effective
date hereof - (First Reading February 7, 2023; Second Reading and Public Hearing
February 14, 2023; Third Reading February 28, 2023) – see attached. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 37.
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No one came forward, and the public hearing was closed.
38. ORD. 43317 – An ordinance to approve a Wastewater Service Agreement between the
City of Omaha and the City of Carter Lake, Iowa, to replace an Agreement by City Council
Resolution No. 3273, adopted on December 17, 1985; and to provide an effective date
hereof - (First Reading February 7, 2023; Second Reading and Public Hearing February
14, 2023; Third Reading February 28, 2023) – see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 38.
No one came forward, and the public hearing was closed.
39. ORD. 43318 – An ordinance to amend ordinance No. 42776, passed on December 14,
2021 declaring the necessity of acquiring, for use by the City of Omaha, the necessary
private property for the purpose of the 2022 Various Signal Project, identified as OPW
54160; this amendment to the Ordinance allows the City to acquire additional property for
traffic signal systems providing that the City negotiate with the additional 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; and, providing for the effective
date hereof - (First Reading February 7, 2023; Second Reading and Public Hearing
February 14, 2023; Third Reading February 28, 2023) – see attached. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 39.
No one came forward, and the public hearing was closed.
40. ORD. 43321 – An ordinance to approve Addendum No. 2 to a Service Contract between
the City of Omaha and Deloitte & Touche LLP which involves the payment of funds from
appropriations of more than one (1) year in accordance with Section 5.17 of the Home
Rule Charter of the City of Omaha, 1956, as amended; to provide program support
services related to the development, review, and reporting of projects selected by the City
of Omaha for the expenditure of Coronavirus State and Local Fiscal Recovery Act as a
result of the American Rescue Act of 2021 (ARPA); to increase the amount of the fee from
an amount not to exceed from $250,000.00 to an amount not to exceed $475,000.00 as
detailed in Task Order No. 1 in accordance with such Agreement; and to provide an
effective date hereof - (First Reading February 7, 2023; Second Reading and Public
Hearing February 14, 2023; Third Reading February 28, 2023) – see attached. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 40.
OPPONENTS:
Luis Jimenez, 2709 Dewey Avenue
FOR THE CITY:
Andrew Brott, Finance Department
No one else came forward, and the public hearing was closed.
____________________________________________
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NON-ACTION ITEMS
(Items 41 through 64 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 FEBRUARY 21, 2023)
BRIGGS PLACE REPLAT 12
41. ORD. 43301 – An ordinance to rezone property located southeast of 48th and Dodge
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 February 7, 2023; Second Reading February 14, 2023; Third Reading,
Public Hearing and Vote February 28, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
42. ORD. 43302 – An ordinance to rescind the ACI-Area of Civic Importance Overlay District
for a portion of the property located southeast of 48th and Dodge Streets – (First Reading
February 7, 2023; Second Reading February 14, 2023; Third Reading, Public Hearing
and Vote February 28, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
43. ORD. 43303 – An ordinance to rescind the PK-Parking Overlay District for a portion of the
property located southeast of 48th and Dodge Streets – (First Reading February 7, 2023;
Second Reading February 14, 2023; Third Reading, Public Hearing and Vote February
28, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
44. ORD. 43304 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay
District, located southeast of 48th and Dodge Streets, to approve the Development Plan
– (First Reading February 7, 2023; Second Reading February 14, 2023; Third Reading,
Public Hearing and Vote February 28, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
45. RES. 2023-0126 – Res. that, the Final Plat transmitted herewith entitled Briggs Place
Replat 12, a minor plat inside city limits, located southeast of 48th and Dodge Streets, is
hereby approved, and concurrently portions of the existing plat entitled Briggs Place, and
described on said replat, is hereby vacated. The applicant is 4647, LLC – Inside City Limits
– see attached. (LAID OVER TO THE FEBRUARY 28, 2023 CITY COUNCIL MEETING
TO COINCIDE WITH ITEMS 41-44)
A. Planning Board and Planning Department recommend approval – see attached.
46. RES. 2023-0127 – Res. that, the Subdivision Agreement between the City of Omaha and
4647, LLC, a Nebraska limited liability company, as recommended by the Mayor, is hereby
approved. The Subdivision is to be known as Briggs Place Replat 12 (Lot 1) and is located
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southeast of 48th and Dodge Streets – see attached. (LAID OVER TO THE FEBRUARY
28, 2023 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 41-44)
PLANNING ORDINANCES ON SECOND READING WITH PLANNING BOARD
ATTACHMENTS
47. ORD. 43311 – An ordinance to rezone property located northwest of 204th Street and
Laramie Road from R5 – Urban Family Residential District to GO – General Office District
- (First Reading February 7, 2023; Second Reading February 14, 2023; Third Reading,
Public Hearing and Vote February 28, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
48. ORD. 43310 – An ordinance to approve a PUD – Planned Unit Development Overlay
District, located northwest of 204th Street and Laramie Road, with a waiver to Section 55-
587, Minimum Site Area, to allow for a PUD District less than one acre, to approve the
Development Plan – (First Reading February 7, 2023; Second Reading February 14,
2023; Third Reading, Public Hearing and Vote February 28, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
49. ORD. 43312 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located northwest of
204th Street and Laramie Road – (First Reading February 7, 2023; Second Reading
February 14, 2023; Third Reading, Public Hearing and Vote February 28, 2023) – see
attached.
A. Planning Board and Planning Department recommend approval – see attached.
50. ORD. 43313 – An ordinance to approve an Amendment to the Future Land Use Element
of the City’s Master Plan to change the future land use map and designation for the
property generally located northwest of 204th Street and Laramie Road from Civic to
Office/Commercial – (First Reading February 7, 2023; Second Reading February 14,
2023; Third Reading, Public Hearing and Vote February 28, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS
51. RES. 2023-0167 – Res. that, the amendment to the 5902 North 9th Street Industrial Tax
Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project site
located at 5902 North 9th Street, which proposes the new construction of a one story
industrial building of about 202,404 square feet, and authorizes the City’s participation
through the allocation of TIF in an amount up to $3,838,392.00, which includes capitalized
interest, to offset TIF eligible expenses including, but not limited to acquisition, site work,
engineered foundations, architectural and engineering costs, and public improvements as
required, containing a provision for the division of ad valorem taxes as authorized by
Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and
determined to be in conformance with the Community Development Law and as
recommended by the City Planning Department, be and hereby is approved – see
attached. (LAID OVER TO THE MARCH 7, 2023 CITY COUNCIL MEETING TO
ADVERTISE FOR PUBLIC HEARING)
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52. RES. 2023-0168 – Res. that, the Amendment to the Muse Tax Increment Financing (TIF)
Redevelopment Project Plan for a redevelopment site located northeast of 20th and Izard
Streets which proposes a newly constructed, 4-story, approximately 195,440 square foot
multi-family, student housing structure consisting of approximately 239 units,
approximately 5,000 square feet of commercial space, and approximately 278 parking
stalls, recommending the reduction of the scope of the Muse Tax Increment Financing
(TIF) Redevelopment Project Plan through the removal of a single, non-related parcel from
the redevelopment project plan legal description, containing a provision for the division of
ad valorem taxes under Section 18-2147 through 18-2150, Revised Statutes of Nebraska,
as recommended by the City Planning Department, be and hereby is approved – see
attached. (LAID OVER TO THE MARCH 7, 2023 CITY COUNCIL MEETING TO
ADVERTISE FOR PUBLIC HEARING)
53. RES. 2023-0169 – Res. that, the Second Amendment to the Uptown District Tax
Increment Financing (TIF) Redevelopment Project Plan generally bounded by Park
Avenue on the east, Dewey Avenue and Turner Boulevard on the north, 33rd Street on
the west and south to Woolworth Avenue, for the purposes of reducing the scope of the
project by eliminating the Phase III and Phase IV sites from the Project Plan; containing a
provision for the division of ad valorem taxes under Section 18-2147 through 18-2150,
Revised Statutes of Nebraska, as recommended by the City Planning Department, be and
hereby is approved – see attached. (LAID OVER TO THE MARCH 7, 2023 CITY
COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING)
STREET IMPROVEMENT DISTRICT CREATION ORDINANCES ON SECOND READING
54. ORD. 43319 – An ordinance to create Road Maintenance District No. 2022-01, in the City
of Omaha, for the purpose of improving Quail Ridge Circle, from Skyline Drive to its
terminus, by reconstruction of the roadway base and application of an asphalt surface
course; 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; and to provide for an
effective date hereof - (First Reading February 7, 2023; Second Reading February 14,
2023; Third Reading, Public Hearing and Vote February 28, 2023) – see attached.
55. ORD. 43320 – An ordinance to create Road Maintenance District No. 2022-02, in the City
of Omaha, for the purpose of improving South 67th Avenue, from Dodge Street to Farnam
Street, by reconstruction of the roadway base and application of an asphalt surface
course; 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; and to provide for an
effective date hereof – (First Reading February 7, 2023; Second Reading February 14,
2023; Third Reading, Public Hearing and Vote February 28, 2023) – see attached.
ORDINANCES ON FIRST READING
56. ORD. 43322 – An ordinance approving an Agreement between the City of Omaha,
Nebraska and Brian Sparks, of Cass County, Nebraska, 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 provide for the terms and conditions under which
Brian Sparks will receive and land apply stabilized sewage sludge, according to applicable
standards, laws, and policies of the City of Omaha and other relevant jurisdictions for an
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agreement period ending December 31, 2023 with up to four automatic one-year
renewals; to authorize the Finance Department to pay a sum not to exceed $0.60 per
cubic yard of stabilized sludge from the Sewer Revenue Fund 21121 – (First Reading
February 14, 2023; Second Reading and Public Hearing February 28, 2023; Third
Reading March 7, 2023) – see attached.
57. ORD. 43323 – An ordinance to approve a Streetscape Maintenance Agreement between
the City of Omaha and Ames Industrial Park, LLC, concerning the allowable streetscape
and landscape improvements in the right-of-way and the private maintenance and liability
obligations thereof for the JF Bloom Building site at 4435 and 4431 Florence Boulevard;
to authorize the execution of said Agreement – (First Reading February 14, 2023;
Second Reading and Public Hearing February 28, 2023; Third Reading March 7, 2023) –
see attached.
58. ORD. 43324 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and Dudzinski Properties
GE, LLC, to implement the Grover Street Tax Increment Financing (TIF) Redevelopment
Project Plan for a redevelopment project site located at 7016 Grover Street, which
proposes a new two story dental office building will be constructed, and will be connected
to the existing New Image Dentistry building; the agreement authorizes the use of up to
$518,414.00, which includes capitalized interest, in excess ad valorem taxes (TIF)
generated by the development to help fund the cost of the project – (First Reading
February 14, 2023; Second Reading and Public Hearing February 28, 2023; Third
Reading March 7, 2023) – see attached.
59. ORD. 43325 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and LFS/AK Phase III, to
implement the Aksarben Senior Living Phase III Tax Increment Financing (TIF)
Redevelopment Project Plan for a redevelopment project site located at 1510 South 70th
Street, which proposes the new construction of a three story thirty unit senior living facility;
the agreement authorizes the use of up to $1,108,407.00, which includes capitalized
interest, in excess ad valorem taxes (TIF) generated by the development to help fund the
cost of the project – (First Reading February 14, 2023; Second Reading and Public
Hearing February 28, 2023; Third Reading March 7, 2023) – see attached.
60. ORD. 43326 – An ordinance approving a Second Amendment to the Redevelopment and
Tax Increment Financing Redevelopment Agreement between the City of Omaha and
Bread Pudding, LLC, a Nebraska limited liability company, to implement The Trio 15th and
Farnam Tax Increment Financing Redevelopment Project Plan for a redevelopment
project site located southeast of 15th and Farnam Streets, which proposes a
comprehensive rehabilitation of three buildings that will function as a single development
and will ultimately contain 18 apartment units and three street level commercial spaces;
the agreement authorizes the use of up to $920,000.00, plus capitalized interest, in excess
ad valorem taxes (TIF) and $724,317.00 as a general business occupation tax generated
by the development to help fund the cost of the project, to include $10,000.00 of the TIF
loan proceeds toward the Downtown Public Improvement Fund that has already been paid
by Developer – (First Reading February 14, 2023; Second Reading and Public Hearing
February 28, 2023; Third Reading March 7, 2023) – see attached.
61. ORD. 43327 – An ordinance providing for the designation of an enhanced employment
area for The Trio 15th and Farnam TIF Project Plan; the levy of a general business
occupation tax; providing for the administration, imposition and collection of such
occupation tax; specifying the use of such occupation tax revenue; and related matters –
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(First Reading February 14, 2023; Second Reading and Public Hearing February 28,
2023; Third Reading March 7, 2023) – see attached.
62. ORD. 43328 – An ordinance to accept the bid of Garret’s Lawn Service in the total amount
of $94,400.00 to provide landscape maintenance services for Abbott Drive, located in
Omaha, Nebraska – (First Reading February 14, 2023; Second Reading and Public
Hearing February 28, 2023; Third Reading March 7, 2023) – see attached.
63. ORD. 43329 – An ordinance to accept the bid of Choppers Lawn Service in the total
amount of $59,900.00 to provide landscape maintenance services for the Rambleridge
Neighborhood area, located in Omaha, Nebraska – (First Reading February 14, 2023;
Second Reading and Public Hearing February 28, 2023; Third Reading March 7, 2023) –
see attached.
64. ORD. 43330 – An ordinance to amend Section 21-7; of the Omaha Municipal Code; to
amend the process of advertising in city parks – (First Reading February 14, 2023;
Second Reading and Public Hearing February 28, 2023; Third Reading March 7, 2023) –
see attached.
EXECUTIVE SESSION
65. 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: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
MEETING ADJOURNED AT: 3:11 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 February 14, 2023.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
______________________________________ _____________________________________
Sherri Brown, Executive Secretary Elizabeth Butler
CITY OF OMAHA
CITY COUNCIL PRE-COUNCIL MEETING JOURNAL
TUESDAY, FEBRUARY 14, 2023
JESSE LOWE CONFERENCE 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, February 14,
2023 at 10:30 A.M, in the Jesse Lowe Conference Room, Third Floor, Omaha/Douglas Civic Center,
Omaha, Nebraska and was called to Order by Council President Pete Festersen.
Present were Councilmembers Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
(Festersen).
Others present were Jim Dowding, Elizabeth Butler, Kimberly Hoesing, Bob Stubbe, Dave Fanslau,
Steve Curtiss, Matt Kuhse, Deb Sander, Matt Kalcevich, Gerald Kuhn, Jim Theiler, Liz Birkel-Leddy,
Steve Scarpello, Amber Parker, Ed Reyes, Thomas Warren, Eric Englund, Jacquelyn Morrison,
Nicole Sweeney, Cristen Cavel.
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 February 10, 2023, notice of the Pre-Council and Regular City Council Meetings,
February 14, 2023.
2. A current copy of the Open Meeting Act is posted in a white binder on the north wall of the
Jesse Lowe Conference Room.
DISCUSSION TOPICS
3. Discussion of Agenda Items 6, 12, 25, 26, 27, 28, 29 and 30.
EXECUTIVE SESSION
4. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT
MEETING ADJOURNED AT: 10:37 A.M.
I, Elizabeth Butler, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is
a true and correct copy of the proceedings of the Pre-Council Meeting of the City of Omaha held on
February 14, 2023.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
_________________________________ ___________________________________
Sherri Brown, Executive Secretary Elizabeth Butler