2023-02-28j
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JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, FEBRUARY 28, 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 28,
2023 at 2:00 PM in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska
and was called to Order by Council Vice President Vinny Palermo.
CALL TO ORDER
City Clerk Elizabeth Butler took the Roll Call: Present were Councilmembers Harding, Johnson,
Palermo, Rowe, Begley; Councilmember Melton and Council President Pete Festersen entered
the Legislative Chambers after roll call at 2:01 P.M. – CCID # 2023-0179.
Council Vice President Vinny Palermo led those present in the Pledge of Allegiance.
Councilmember Johnson of District No. 2 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 24, 2023, notice of the Pre-Council and Regular City Council
Meetings, February 28, 2023 – CCID # 2023-0180.
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. 2023-0183 – Class C Liquor License for CIBO Familia, LLC, dba “CIBO Vino”,
located at 1101 Jackson Street. (New application, new location). Notice of public hearing
was posted on the property on 02-09-2023; Notification was sent to property owners within
500 feet on 02-17-2023 – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 6.
The following person(s) appeared and spoke:
PROPONENTS:
Wendy Becker, CIBO Vino, 1101 Jackson Street, applicant
Don Doty, CIBO Vino, 1101 Jackson Street, applicant
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Festersen that RESOLUTION # 2023-0183 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
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7. RES. 2023-0184 – Class I Liquor License for Tokyo Sushi NE, Inc., dba “Tokyo Sushi”,
located at 1215 Howard Street. (New application, old location). Present licensee is Tokyo
Sushi Omaha, LLC, who has a Class “I” Liquor License – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 7.
The following person(s) appeared and spoke:
PROPONENTS:
Kong Shun ‘Randy’ Gao, Tokyo Sushi, 1215 Howard Street, applicant
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Melton that RESOLUTION # 2023-0184 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
8. RES. 2023-0185 – Special Designated Liquor License Application – YFC, Inc., dba “Maha
Festival”, 725 North 14th Street, requests permission for a Special Designated License for
an outdoor music festival at Stinson Park, 6707 Center Street on July 28-29, 2023 from
11:00 a.m. to 1:00 a.m. with music until 11 p.m. each night – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 8.
The following person(s) appeared and spoke:
PROPONENTS:
Emily Cox, Maha Festival, 725 North 14th Street, applicant (via Zoom)
OPPONENTS:
Donnie Johnson, 4928 North 52nd Street
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Festersen that RESOLUTION # 2023-0185 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
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IDA POINTE WEST
9. RES. 2023-0181 – Res. that, the Preliminary Plat entitled Ida Pointe West, a subdivision
outside city limits, located northwest of 196th Street and Stone Avenue, along with the
conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is
hereby authorized. The applicant is Ryan Lindquist with Elkhorn Public Schools –
Outside City Limits – see attached. (PUBLIC HEARING AND VOTE TODAY)
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A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 9.
The following person(s) appeared and spoke:
PROPONENTS:
Caleb Van Weelden, Lamp Rynearson, 14710 West Dodge Road
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2023-0181 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
BRIGGS PLACE REPLAT 12
City Clerk Elizabeth Butler stated that Items 10 through 15 relate to the same project and would
be considered together.
(Required notices of public hearings relating to this development were published in the Daily
Record on February 14, 2023.)
10. 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. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
11. 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. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
12. 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. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
13. 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,
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Public Hearing and Vote February 28, 2023) – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
14. 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. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
15. 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
southeast of 48th and Dodge Streets – see attached. (PUBLIC HEARING AND VOTE
TODAY)
Council President Pete Festersen opened the Public Hearing on Items 10 through 15.
The following person(s) appeared and spoke:
PROPONENTS:
Kyle Haase, E & A Consulting Group, 10909 Mill Valley Road, for the applicant
Zach Reinhardt, Access Commercial, 1303 South 72nd Street
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Harding that the following items be approved:
Item # 10 ORDINANCE # 43301; Item # 11 ORDINANCE # 43302;
Item # 12 ORDINANCE # 43303; Item # 13 ORDINANCE # 43304;
Item # 14 RESOLUTION # 2023-0126; and, Item # 15 RESOLUTION # 2023-0127;
ROLL CALL VOTE:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
PLANNING ORDINANCES ON FINAL READING WITH PLANNING BOARD ATTACHMENTS
City Clerk Elizabeth Butler stated that Items 16 through 19 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 February 14, 2023.)
16. 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. (PUBLIC HEARING AND
VOTE TODAY)
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A. Planning Board and Planning Department recommend approval – see attached.
17. 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.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
18. 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. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
19. 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.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Items 16 through 19.
The following person(s) appeared and spoke:
PROPONENTS:
Jim Buser, 10250 Regency Circle, Attorney for the applicant
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 16 ORDINANCE # 43311; Item # 17 ORDINANCE # 43310;
Item # 18 ORDINANCE # 43312; and, Item # 19 ORDINANCE # 43313;
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTION
20. RES. 2023-0122 – Res. that, the Amendment to The Trio; 15th and Farnam Tax
Increment Financing (TIF) Redevelopment Project Plan, for the redevelopment project
site located Southeast of 15th and Farnam Streets, 1) corrects the name of the Plan to
be The Trio 15th and Farnam Tax Increment Financing (TIF) Redevelopment Project
Plan, and 2) incorporates the request to designate the redevelopment project area as an
Enhanced Employment Area, in order to utilize a general business occupation tax, and
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as allowed under the Community Development Law, containing a provision for the
division of ad valorem taxes as authorized by Section 18-2147 through 18-2150,
Revised Statutes of Nebraska, as analyzed and determined to be in conformance with
the Community Development Law and as recommended by the City Planning
Department, be and hereby is approved – see attached. (PUBLIC HEARING AND
VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 20.
The following person(s) appeared and spoke:
PROPONENTS:
Jim Buser, 10250 Regency Circle, Attorney for the applicant
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Rowe that RESOLUTION # 2023-0122 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
ROAD IMPROVEMENT DISTRICT (RMD) CREATION ORDINANCES ON FINAL READING
21. 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.
(PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 21.
The following person(s) appeared and spoke:
PROPONENTS:
David Changstrom, 10306 Regency Parkway, Attorney for Mr. Phillips
Richard Phillips, 1010 Skyline Drive, resident
FOR THE CITY:
Heather Tippey Pierce, Public Works Department
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that ORDINANCE # 43319 be approved
ROLL CALL:
Yeas: Harding, Melton, Rowe, Mr. President
Nays: Johnson, Palermo, Begley
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MOTION APPROVED 4-3
22. 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.
(PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 22.
The following person(s) appeared and spoke:
PROPONENTS:
William Bresnahan, 118 South 67th Avenue
FOR THE CITY:
Heather Tippey Pierce, Public Works Department
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Harding that ORDINANCE # 43320 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
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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 23 through 33
were held on February 14, 2023.
(Required notices of the public hearings were published in the Daily Record on February 10,
2023.)
23. 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.
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24. 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
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.
25. 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.
26. 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.
27. 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
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.
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28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
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MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 23 ORDINANCE # 43305; Item # 24 ORDINANCE # 43306;
Item # 25 ORDINANCE # 43307; Item # 26 ORDINANCE # 43308;
Item # 27 ORDINANCE # 43309; Item # 28 ORDINANCE # 43314;
Item # 29 ORDINANCE # 43315; Item # 30 ORDINANCE # 43316;
Item # 31 ORDINANCE # 43317; Item # 32 ORDINANCE # 43318; and,
Item # 33 ORDINANCE # 43321;
ROLL CALL VOTE:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
Council President Festersen announced that the public hearings on Agenda Items 34 through 74
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 53 WAS REMOVED
FROM THE CONSENT AGENDA.
CONSENT AGENDA – RESOLUTIONS
34. RES. 2023-0186 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Bobcat of Omaha for the purchase of five (5) E60
Bobcat Compact Excavators, to be utilized by the Street Maintenance Division, in the
amount of $22,250.00. (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.
35. RES. 2023-0187 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Bobcat of Omaha for the purchase of two (2) E88
Bobcat Compact Excavators, to be utilized by the Sewer Maintenance Division, in the
amount of $48,000.00. (The Finance Department is authorized to pay the cost of this
purchase from the Sewer Revenue Fund 21121, Maintenance Organization 116511, year
2023 funding.) – see attached.
36. RES. 2023-0188 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Superior Industrial Equipment, LLC for the
purchase of two (2) Abel Pumps to be utilized by the Missouri River Water Resource
Recovery Facility in the amount of $33,272.00, is hereby approved. (The Finance
Department is authorized to pay the cost of this purchase from the Sewer Revenue Fund
21121, Missouri Resource Recovery Facility Maintenance Organization 116613, year
2023 funding.) – see attached.
37. RES. 2023-0189 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to HTM Sales, Inc. for the purchase of two (2)
American-Marsh Pumps to be utilized by the Missouri River Water Resource Recovery
Facility in the amount of $37,115.32, is hereby approved. (The Finance Department is
authorized to pay the cost of this purchase from the Sewer Revenue Fund 21121, Missouri
Resource Recovery Facility Maintenance Organization 116613, year 2023 funding.) – see
attached.
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38. RES. 2023-0190 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to OMNI Engineering for the purchase of Asphalt
Products to be utilized by the Street Maintenance Division in the estimated amount of
$1,212,500.00, is hereby approved. (The Finance Department is authorized to pay the
cost of this purchase, according to actual usage, from the Street Allocation Fund 12131,
Pavement Maintenance Organization 116158, year 2023 funding.) – see attached.
39. RES. 2023-0191 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Vogel Paint & Wax Co., Inc. for the purchase of
Pavement Markings and Crosswalks Paint to be utilized by the Traffic Division in the
amount of $318,000.00, 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 2023 funding.) – see attached.
40. RES. 2023-0192 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to 3M, in the amount of $220,000.00, 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
2023 expenditure.) – see attached.
41. RES. 2023-0193 – Res. that, as recommended by the Mayor, the contract with MC Wells
Contracting LLC, for OPW 54175, being the Fall Arrest System Phase II Project, is hereby
approved. (The Finance Department is authorized to pay the cost of $288,450.00, from
the Sewer Revenue Improvements Fund 21124, Neighborhood Sewer Renovation
Organization 116911; Sewer Revenue Bonds will be issued to finance this project.) – see
attached.
42. RES. 2023-0194 – Res. that, as recommended by the Mayor, the contract with N L & L
Concrete, Inc., for OPW 54506, being the 2023 Emergency Utility Cuts Major Roadways
Project, is hereby approved. (The Finance Department is authorized to pay the cost of
$815,062.50, from the Capital Special Assessment Fund 13573, Special Assessments
Organization 116168, year 2023 expenditure.) – see attached.
43. RES. 2023-0195 – Res. that, as recommended by the Mayor, the contract with N L & L
Concrete, Inc., for OPW 54507, being the 2023 Emergency Utility Cuts Minor Roadways
Project, is hereby approved. (The Finance Department is authorized to pay the cost of
$485,635.00, from the Capital Special Assessment Fund 13573, Special Assessments
Organization 116168, year 2023 expenditure.) – see attached.
44. RES. 2023-0196 – Res. that, as recommended by the Mayor, Change Order No. 1 with
MC Wells Contracting LLC for additional work on OPW 53885, being the North Downtown
Sanitary Sewer Separation Project, is hereby approved. (The Finance Department is
authorized to pay an additional sum of $172,838.84 for this change order, to be paid from
the Sewer Revenue Improvements (Bond) Fund 21124, Sewer Separation (Bond)
Organization 116912, year 2023 expenditure. Sewer Revenue Bonds will be issued to
finance this project.) – see attached.
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45. RES. 2023-0197 – Res. that, as recommended by the Mayor, Change Order No. 2 with
Eriksen Construction Co., Inc. for additional work on OPW 53816, being the SOIA Lift
Station Improvements Study - 2214 Washington Street Project, is hereby approved. (The
Finance Department is authorized to pay an additional sum of $143,621.00, for this
change order, from Sewer Revenue Improvements Bond Fund 21124, Capital Asset
Replacement Program Organization 116913.) – see attached.
46. RES. 2023-0198 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Embris Group, LLC to provide professional services on OPW 54513,
being the Hanscom Park Bank Stabilization Project, is hereby approved. (The Finance
Department is authorized to pay a fee not to exceed $49,995.00, from the Sewer Revenue
Improvements (Bond) Fund 21124, Sewer Separation (Bond) Organization 116912.) – see
attached.
47. RES. 2023-0199 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Carollo Engineers, Inc. to provide professional design phase engineering
services on OPW 54518, being the Mo River WRRF Transfer Lift PS Wet Well Gate
Replacement Project, is hereby approved. (The Finance Department is authorized to pay
a fee not to exceed $98,025.00, 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.
48. RES. 2023-0200 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with HGM Associates, Inc. to provide professional construction phase
engineering services on OPW 54245, being the Levee Prism Surfacing Restoration Under
I-80 and Veterans Memorial Bridges Project, is hereby approved. (The Finance
Department is authorized to pay a fee not to exceed $80,390.00, from the 2014
Environment Bond Fund 13124, Environmental Bonds Organization 117217.) – see
attached.
49. RES. 2023-0201 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Walker Consultants to provide various professional services as On-Call
Parking Consulting Services, is hereby approved. (The Finance Department is authorized
to pay a fee not to exceed $75,000.00, from the Parking Revenue Fund 21116, Parking
Administration Organization 116241, year 2023 funding.) – see attached.
50. RES. 2023-0202 – Res. that, as recommended by the Mayor, the Nebraska Department
of Transportation (NDOT) Agreement No. CL2301, for OPW 52599, being the 42nd St. at
"C" and "D" Streets. Bridge Replacements Project, with the City’s cost of $45,000.00, is
hereby approved. (To be paid from the 2018 Transportation Bond Fund 13185,
Transportation Bonds 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.
51. RES. 2023-0203 – Res. that, as recommended by the Mayor, the Memorandum of
Understanding between the City of Omaha and MECA to provide wayfinding signage
changes, is hereby approved. (The Finance Department is authorized to pay a fee, not to
exceed $28,500.00, from the Parking Revenue Fund 21116, Parking Meters & On-Street
Organization 116183; reimbursements are authorized into the Parking Revenue Fund
21116, Parking Meters & On-Street Organization 116183.) – see attached.
- 14 -
52. RES. 2023-0204 – Res. that, per NEB. REV. STAT. §39-1359, the City of Omaha officially
designates the temporary use of U. S. Highway 275/NE 92 between 24th Street and 20th
Street on May 13, 2023, between the hours of 8:30 AM and 1:00 PM, for the entire route
of the Cinco de Mayo Parade – see attached.
53. RES. 2023-0205 – Res. that, per NEB. REV. STAT. §39-1359, the City of Omaha officially
designates the temporary use of State Highway 75 from Redick Avenue to McKinley Street
on May 20, 2023, between the hours of 12:30 pm and 3:15 pm., for the entire route of the
Florence Days Parade – see attached. (REMOVED FROM CONSENT AGENDA)
54. RES. 2023-0209 – Res. that, the Grant Agreement, as recommended by the Mayor, to
provide funding in the amount of $33,695.00 for the rehabilitation and lead reduction work,
when applicable, to the property owned by Gayle Evans located at 3102 Bedford Street,
is hereby approved. The Contract is to be awarded to Aztec Contracting LLC. (Funds shall
be paid from CDBG Exterior 2022 SF Housing Rehabilitation Program, Award No. 100864,
Fund No. 12186, Org. No. 128072.) – see attached.
55. RES. 2023-0210 – Res. that, the Grant Agreement, as recommended by the Mayor, to
provide funding in the amount of $38,830.00 for the rehabilitation and lead reduction work,
when applicable, to the property owned by Anita M. Thomas located at 3741 North 39
Street, is hereby approved. The Contract is to be awarded to Aztec Contracting LLC.
(Funds shall be paid from CDBG Exterior 2022 SF Housing Rehabilitation Program, Award
No. 100864, Fund No. 12186, Org. No. 128072.) – see attached.
56. RES. 2023-0211 – Res. that, the Grant Agreement, as recommended by the Mayor, to
provide funding in the amount of $35,475.00 for the rehabilitation and lead reduction work,
when applicable, to the property owned by Emilio Ortega Hoyos and wife, Maria Del
Rosario De Ortega located at 3511 X Street, is hereby approved. The Contract is to be
awarded to Aztec Contracting LLC. (Funds shall be paid from CDBG Exterior 2022 SF
Housing Rehabilitation Program, Award No. 100864, Fund No. 12186, Org. No. 128072.)
– see attached.
57. RES. 2023-0212 – Res. that, as recommended by the Mayor, the bid in the total amount
of $82,921.70 from Van Diest Supply Company to furnish all labor, materials, and
equipment necessary for the Fertilizer (Golf & Park Maintenance) bid, is hereby accepted.
The Purchasing Agent is authorized to issue a purchase order in conformance herewith
and the Finance Department is authorized to pay the Funds in the amount of $82,921.70
to Van Diest Supply Company from the General Fund No. 11111, and Organization No.
115025 – Ground Maintenance Contracts ($12,796.00); and from the Golf Operations
Fund No. 21114, and Organization Nos. 115511 – Johnny Goodman ($14,611.00),
115512 – Benson ($11,689.00), 115513 – Elmwood ($10,632.00), 115519 – Knolls
($13,375.40), 115515 – Warren Swigart ($5,434.70), 115516 – Steve Hogan ($3,186.50),
115517 Spring Lake ($4,717.50), 115518 – Westwood ($6,479.60) – see attached.
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58. RES. 2023-0216 – Res. that, as recommended by the Mayor, the bid in the total amount
of $142,725.45 from D & K Products to furnish all labor, materials, and equipment
necessary for the Fertilizer (Golf & Park Maintenance) bid, is hereby accepted. The
Purchasing Agent is authorized to issue a purchase order in conformance herewith; and
the Finance Department is authorized to pay the Funds in the amount of $142,725.45 to
D & K Products from the General Fund No. 11111, and Organization No. 115025 – Ground
Maintenance Contracts ($107,013.00); and from the Golf Operations Fund No. 21114, and
Organization Nos. 115511 – Johnny Goodman ($5,132.00), 115512 – Benson
($7,253.00), 115513 – Elmwood ($5,924.90), 115519 – Knolls ($8,492.75), 115515 –
Warren Swigart ($2,048.90), 115516 – Steve Hogan ($2,170.95), 115517 Spring Lake
($3,654.70), 115518 – Westwood ($1,035.25).) – see attached.
59. RES. 2023-0213 – Res. that, as recommended by the Mayor, the bid in the total amount
of $49,500.00 to United Seeds, Inc. to furnish all labor, materials and equipment
necessary for the Grass Seed (Sports Turf) bid, in the total amount of $49,500.00, for the
Parks, Recreation and Public Property Department, is hereby accepted. (The Purchasing
Agent is authorized to issue a purchase order in conformance herewith; and the Finance
Department is authorized to pay the Funds in the total amount of $49,500.00 to United
Seeds, Inc., from the General Fund No. 11111, Organization No. 115543 - Sports Turf
Maintenance.) – see attached.
60. RES. 2023-0214 – Res. that, as recommended by the Mayor, the bid in the total amount
of $101,730.00 to Williams Lawn Seed Company, Inc. to furnish all labor, materials and
equipment necessary for the Grass Seed (Golf, Park Maintenance, and Sports and Turf)
bid, in the total amount of $101,730.00, for the Parks, Recreation and Public Property
Department, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase
order in conformance herewith; and the Finance Department is authorized to pay the
Funds in the total amount of $101,730.00 to Williams Lawn Seed Company, Inc., from the
General Fund No. 11111, Organization Nos. 115025 – Ground Maintenance Contracts
($44,400.00), 115543 - Sports Turf Maintenance ($30,400.00), Golf Operations Fund No.
21114, and Organization Nos. 115511 – Johnny Goodman ($5,390.00), 115512 – Benson
($5,390.00), 115513 – Elmwood ($4,320.00), 115519 – Knolls ($3,654.00), 115515 –
Warren Swigart ($1,181.00), 115516 – Steve Hogan ($3,210.00), 115517 Spring Lake
($1,070.00), 115518 – Westwood ($2,715.00).) – see attached.
61. RES. 2023-0215 – Res. that, as recommended by the Mayor, the purchase based upon
the pricing from River City Recycling, which will exceed $20,000.00 but will not exceed
$30,000.00 to provide tire recycling and dumpster services for the Park Maintenance
Division, is hereby approved. (The Finance Department of the City of Omaha is authorized
to pay the Funds not to exceed $28,000.00 to River City Recycling from the General Fund
No. 11111, Organization No. 115027, Code Enforcement, for the 2023 fiscal year.) – see
attached.
62. RES. 2023-0217 – Res. that, as recommended by the Mayor, the bid in the total amount
of $62,700.00 to Spencer Management to furnish all labor, materials and equipment
necessary to complete the replacement of existing asphalt walks and related
improvement. The work includes but is not limited to: removal of existing asphalt walk,
installation of new, six foot wide concrete walks, fine grading and seeding at Woodhaven
Park, is hereby accepted. (The Purchasing Agent is authorized to issue a purchase order
in conformance herewith; and the Finance Department is authorized to pay the Funds in
the amount of $62,700.00 to Spencer Management, from 2018 Parks and Recreation
Fund 13357, Organization No. 117317, Parks and Cultures Bonds, Project I.D. No.
2010P512.) – see attached.
- 16 -
63. RES. 2023-0218 – Res. that, as recommended by the Mayor, the Purchase Order in the
total amount of $42,000.00 for L.A. Sprinkler, Inc. to furnish all labor, materials and
equipment necessary for the construction of the irrigation system for the cricket field at
N.P. Dodge Park, is hereby approved. (The Finance Department is authorized to pay the
total amount of $42,000.00 from 2018 Parks and Recreation Fund 13357, Organization
No. 117317, Parks and Cultures Bonds, Project I.D. No. 2000P505.) – see attached.
64. RES. 2023-0219 – Res. that, as recommended by the Park and Recreation Advisory
Board, approval of the park improvements project for Sanitary and Improvement District
(S.I.D.) #405 – Deer Creek Park South, in the amount of $1,125,607.77, which includes
an 18 car parking lot, a playground, a full-size basketball court, a picnic shelter, four
pickleball courts and additional tree plantings. The funding source will be allocated with
excess cash from the bond fund and shall not become bonded debt for Douglas County
SID #405 – see attached.
A. Park and Recreation Advisory Board recommend approval.
65. RES. 2023-0220 – Res. that, as recommended by the Mayor, the purchase based upon
the quote of Anderson Ford in the amount of $48,987.00 for one Ford Transit 250 High
Roof Cargo Van, is hereby approved. (The Finance Department is authorized to pay the
cost of the Ford Transit 250 High Roof Cargo Van in the total amount of $48,987.00 from
the Omaha Police Department, Year 2023, Fund 11111, Organization 114211 UPB
Admin, Account 47031 $10,000 OR> Vehicles small_Law Enf Only.) – see attached.
66. RES. 2023-0221 – Res. that, as recommended by the Mayor, the purchase based upon
the quote of Anderson Ford in the amount of $45,287.00 for one Ford Transit Cargo Van,
is hereby approved. (The Finance Department is authorized to pay the cost of the Ford
Transit Cargo Van in the total amount of $45,287.00 from the Omaha Police Department,
Year 2023, Fund 11111, Organization 113141 Fleet/Facilities Unit, Account 47031
Vehicles Small Law Enforcement Only.) – see attached.
67. RES. 2023-0222 – Res. that, the Mayor and City Council of the City of Omaha to declare
under the Internal Revenue Code of 1986, as amended, the official intent of the city to
reimburse certain capital expenditures from the proceeds of tax-exempt or tax-favored
debt obligations to be issued in calendar year 2023 – see attached.
68. RES. 2023-0223 – Res. that, the appointment by Mayor Jean Stothert of Susan A. Koenig,
attorney, to be a member of the Little Bohemia Business Improvement Area Board to serve
from February 28, 2023 until her term shall expire on February 27, 2025, is hereby
confirmed by the City Council – see attached.
69. RES. 2023-0224 – Res. that, the appointment by Mayor Jean Stothert of Colleen A.
McLeay, principal, to be a member of the Little Bohemia Business Improvement Area
Board to serve from February 28, 2023 until her term shall expire on February 27, 2026,
is hereby confirmed by the City Council – see attached.
70. RES. 2023-0225 – Res. that, the appointment by Mayor Jean Stothert of Caroline S.
McBride to be a member of the Little Bohemia Business Improvement Area Board to serve
from February 28, 2023 until her term shall expire on February 27, 2025, is hereby
confirmed by the City Council – see attached.
- 17 -
71. RES. 2023-0226 – Res. that, the appointment by Mayor Jean Stothert of Jeffrey M.
Pappas, to be a member of the Little Bohemia Business Improvement Area Board to serve
from February 28, 2023 until his term shall expire on February 27, 2026, is hereby
confirmed by the City Council – see attached.
72. RES. 2023-0227 – Res. that, the appointment by Mayor Jean Stothert of Louis A. Smith,
commercial loan officer, to be a member of the Little Bohemia Business Improvement Area
Board to serve from February 28, 2023 until his term shall expire on February 27, 2026,
is hereby confirmed by the City Council – see attached.
73. RES. 2023-0228 – Res. that, the appointment by Mayor Jean Stothert of Delilah J. Oliver,
Branch Manager of Bank of the West, located at 5901 Northwest Radial Highway, to be a
member of the Benson Business Improvement Area Board to serve on the Board until
August 13, 2025 – see attached.
74. RES. 2023-0229 – Res. that, the appointment by Mayor Jean Stothert of Aaron D. Moser,
developer and owner of The Mills Apartments, located at 6152 Military Avenue, to be a
member of the Benson Business Improvement Area Board to serve from February 28,
2023 until his term shall expire on February 27, 2026, is hereby confirmed by the City
Council – see attached.
Council President Pete Festersen opened the Public Hearing on Items 34 through 52, and 54
through 74.
The following person(s) appeared and spoke:
OPPONENTS:
Donnie Johnson, 4928 North 52nd Street – Items # 55 - 64
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Festersen that the following items be approved:
Item # 34 RESOLUTION # 2023-0186; Item # 35 RESOLUTION # 2023-0187;
Item # 36 RESOLUTION # 2023-0188; Item # 37 RESOLUTION # 2023-0189;
Item # 38 RESOLUTION # 2023-0190; Item # 39 RESOLUTION # 2023-0191;
Item # 40 RESOLUTION # 2023-0192; Item # 41 RESOLUTION # 2023-0193;
Item # 42 RESOLUTION # 2023-0194; Item # 43 RESOLUTION # 2023-0195;
Item # 44 RESOLUTION # 2023-0196; Item # 45 RESOLUTION # 2023-0197;
Item # 46 RESOLUTION # 2023-0198; Item # 47 RESOLUTION # 2023-0199;
Item # 48 RESOLUTION # 2023-0200; Item # 49 RESOLUTION # 2023-0201;
Item # 50 RESOLUTION # 2023-0202; Item # 51 RESOLUTION # 2023-0203;
Item # 52 RESOLUTION # 2023-0204; Item # 54 RESOLUTION # 2023-0209;
Item # 55 RESOLUTION # 2023-0210; Item # 56 RESOLUTION # 2023-0211;
Item # 57 RESOLUTION # 2023-0212; Item # 58 RESOLUTION # 2023-0216;
Item # 59 RESOLUTION # 2023-0213; Item # 60 RESOLUTION # 2023-0214;
Item # 61 RESOLUTION # 2023-0215; Item # 62 RESOLUTION # 2023-0217;
Item # 63 RESOLUTION # 2023-0218; Item # 64 RESOLUTION # 2023-0219;
Item # 65 RESOLUTION # 2023-0220; Item # 66 RESOLUTION # 2023-0221;
Item # 67 RESOLUTION # 2023-0222; Item # 68 RESOLUTION # 2023-0223;
Item # 69 RESOLUTION # 2023-0224; Item # 70 RESOLUTION # 2023-0225;
Item # 71 RESOLUTION # 2023-0226; Item # 72 RESOLUTION # 2023-0227;
Item # 73 RESOLUTION # 2023-0228; and, Item # 74 RESOLUTION # 2023-0229;
- 18 -
ROLL CALL VOTE:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
53. RES. 2023-0205 – Res. that, per NEB. REV. STAT. §39-1359, the City of Omaha
officially designates the temporary use of State Highway 75 from Redick Avenue to
McKinley Street on May 20, 2023, between the hours of 12:30 pm and 3:15 pm., for the
entire route of the Florence Days Parade – see attached.
Council President Pete Festersen opened the Public Hearing on Item 53.
No one came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Festersen that RESOLUTION # 2023-0205 be amended to
change the date and time to May 13th 2023, from 1:30 pm to 4:15 pm.
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
Motion by Harding, SECOND by Festersen that RESOLUTION # 2023-0205 be approved
AS AMENDED
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
RESOLUTIONS
75. RES. 2023-0206 – Res. that, the nomination of “Marshall Taylor Street” as a
commemorative street name on Lake Street from 32nd Street to 33rd 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.
(PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 75.
The following person(s) appeared and spoke:
PROPONENTS:
Willie Hamilton, Black Men United, 4200 North 30th Street
Yshall Davis, 4516 Larimore Avenue
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Festersen that RESOLUTION # 2023-0206 be approved
- 19 -
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
76. RES. 2023-0207 – Res. that, the nomination of “Bernard E. Turnbo, Sr. Street” as a
commemorative street name on Grand Avenue from 40th Avenue to 42nd 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.
(PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 76.
The following person(s) appeared and spoke:
PROPONENTS:
Jacqueline Welch, BET Daycare, 4052 Grand Avenue
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Festersen that RESOLUTION # 2023-0207 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
77. RES. 2023-0208 – Res. that, the nomination of “Steven L. Mercer Street” as a
commemorative street name on Evans Street from 30th Street to John A. Creighton
Boulevard 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. (PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 77.
The following person(s) appeared and spoke:
PROPONENTS:
Antoinette Tyree-Ross, Time Out, 3518 North 30th Street
Donnie Johnson, 4928 North 52nd Street
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Harding that RESOLUTION # 2023-0208 be approved
ROLL CALL:
Yeas: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
- 20 -
ORDINANCES ON SECOND READING
78. 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
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. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 78.
No one came forward, and the public hearing was closed.
79. 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. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 79.
No one came forward, and the public hearing was closed.
80. 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. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 80.
PROPONENTS:
Bob Griffith, 11440 West Center Road, Attorney for the applicant
FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
- 21 -
81. 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. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 81.
PROPONENTS:
Michael C. Carter, 11506 Nicholas Street, Attorney for the applicant
OPPONENTS:
Donnie Johnson, 4928 North 52nd Street
FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
City Clerk Elizabeth Butler stated that one public hearing could be held for Items 82 and 83.
82. 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. (PUBLIC HEARING
TODAY)
83. 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 –
(First Reading February 14, 2023; Second Reading and Public Hearing February 28,
2023; Third Reading March 7, 2023) – see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Items 82 and 83.
No one came forward, and the public hearing was closed.
- 22 -
84. 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. (PUBLIC
HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 84.
No one came forward, and the public hearing was closed.
85. 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. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 85.
No one came forward, and the public hearing was closed.
86. 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. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 86.
PROPONENTS:
Donnie Johnson, 4928 North 52nd Street
FOR THE CITY:
Matt Kalcevich, Director, Parks, Recreation and Public Property Department
No one else came forward, and the public hearing was closed.
____________________________________________
NON-ACTION ITEMS
(Items 87 through 107 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 MARCH 21, 2023)
PLANNING ORDINANCES ON FIRST READING WITH PLANNING BOARD ATTACHMENTS
87. ORD. 43331 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 3217
North 90th Street – (First Reading February 28, 2023; Second Reading March 7, 2023;
Third Reading, Public Hearing and Vote March 14, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
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88. ORD. 43332 – An ordinance to rezone property located at 3215 North 168th Street from
DR – Development Reserve District to R4 – Single-Family Residential District (High-
Density) – (First Reading February 28, 2023; Second Reading March 7, 2023; Third
Reading, Public Hearing and Vote March 14, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
89. ORD. 43333 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 3215
North 168th Street – (First Reading February 28, 2023; Second Reading March 7,
2023; Third Reading, Public Hearing and Vote March 14, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
90. ORD. 43334 – An ordinance to rezone property located at 3612 Leavenworth Street
from R8 – High-Density Multiple-Family Residential District to TOD-2-MX – Transit
Oriented Development District-Mixed Use – (First Reading February 28, 2023; Second
Reading March 7, 2023; Third Reading, Public Hearing and Vote March 14, 2023) – see
attached.
A. Planning Board and Planning Department recommend approval – see attached.
91. ORD. 43335 – An ordinance to rescind the ACI-1(PL) – Area of Civic Importance
Overlay District for a portion of the property located at 3612 Leavenworth Street – (First
Reading February 28, 2023; Second Reading March 7, 2023; Third Reading, Public
Hearing and Vote March 14, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
92. ORD. 43336 – An ordinance to amend the boundaries of the ACI-3 – Area of Civic
Importance Overlay District, to incorporate into that district the property located at 1111
Papillion Parkway – (First Reading February 28, 2023; Second Reading March 7,
2023; Third Reading, Public Hearing and Vote March 14, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
93. RES. 2023-0182 – Res. that, the Special Use Permit application submitted by SGH
Redglaze for a Special Use Permit to allow Custom manufacturing in the CC District,
located at 1111 Papillion Parkway, is hereby approved and the Permits and Inspection
Division is directed to issue the necessary permit therefor, provided the conditions set
out in Exhibit "A" of the referenced application, conditions set out in Exhibit “B”, and all
applicable local or state statutes, ordinances or regulations are complied with. The
proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets
each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see
attached. (LAID OVER TO THE MARCH 14, 2023 CITY COUNCIL MEETING TO
COINCIDE WITH ITEM 92)
A. Planning Board and Planning Department recommend approval – see attached.
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TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS
94. 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)
95. 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. (LAI D OVER TO THE MARCH 7, 2023 CITY
COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING)
ORDINANCES ON FIRST READING
96. ORD. 43337 – An ordinance authorizing the issuance of a purchase order to Swarco
Reflex, LLC, for the purchase of Pavement Marking Beads to be utilized by the Traffic
Division, to be effective for a term of one (1) year and is extendable for three (3) additional
one-year terms; to provide for payments from appropriations of more than one year in
accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide
for payments from a specific account – (First Reading February 28, 2023; Second
Reading and Public Hearing March 7, 2023; Third Reading March 14, 2023) – see
attached.
97. ORD. 43338 – An ordinance approving an Agreement between the City of Omaha,
Nebraska and Rick Bond of Cass County in 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
Rick Bond 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
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 28, 2023; Second Reading and Public Hearing March 7, 2023; Third Reading
March 14, 2023) – see attached.
98. ORD. 43339 – An ordinance to amend Ordinance No. 43210 in its entirety, passed
December 13, 2022, approving a PUR – Planned Unit Redevelopment Overlay District,
incorporating into that district the property located southeast of 70th and Hascall Streets
- 25 -
– (First Reading February 28, 2023; Second Reading and Public Hearing March 7, 2023;
Third Reading March 14, 2023) – see attached.
A. Planning Department recommends approval – see attached.
99. ORD. 43340 – An ordinance to amend Section 1 of Ordinance No. 42916, passed April 5,
2022 to correct a typographical error – (First Reading February 28, 2023; Second
Reading and Public Hearing March 7, 2023; Third Reading March 14, 2023) – see
attached.
A. Planning Department recommends approval – see attached.
100. ORD. 43341 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement for North Streams, for the property located at 20111 P Street, to
allow Auto Repair Services, between the City of Omaha, Woodsonia North Streams, LLC,
and Christian Brothers Automotive Corporation, providing site development standards –
(First Reading February 28, 2023; Second Reading and Public Hearing March 7, 2023;
Third Reading March 14, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
101. ORD. 43342 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and MRES Square Owner,
LLC, to implement the Square Apartments Tax Increment Financing (TIF) Redevelopment
Project Plan for a redevelopment project site located southwest of South 30th and
Leavenworth Streets, which proposes the existing building be demolished and a four story
apartment building with 73 units will be constructed; the agreement authorizes the use of
up to $2,042,238.00, 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 28, 2023; Second Reading and Public Hearing March 7, 2023; Third Reading
March 14, 2023) – see attached.
102. ORD. 43343 – An ordinance to accept the bid of Nebraska’s Best in the total amount of
$27,370.00 to furnish all labor, materials, and equipment necessary to complete the
Grounds Maintenance for Bryan Park, located at 5001 South 147th Street, Omaha,
Nebraska – (First Reading February 28, 2023; Second Reading and Public Hearing
March 7, 2023; Third Reading March 14, 2023) – see attached.
103. ORD. 43344 – An ordinance to accept the bid of Nebraska’s Best in the total amount of
$57,620.00 to furnish all labor, materials, and equipment necessary to complete the
Grounds Maintenance for Willow Wood area, located in Omaha, Nebraska – (First
Reading February 28, 2023; Second Reading and Public Hearing March 7, 2023; Third
Reading March 14, 2023) – see attached.
104. ORD. 43345 – An ordinance to accept the bid of Choppers Lawn Service in the total
amount of $50,200.00 to provide grounds maintenance services for the El Dorado
Subdivision, located in Omaha, Nebraska – (First Reading February 28, 2023; Second
Reading and Public Hearing March 7, 2023; Third Reading March 14, 2023) – see
attached.
105. ORD. 43346 – An ordinance to approve the Responder Health powered by Armor Up
America Consulting Agreement between the City of Omaha and Armor Up America, to
provide mental health resources, including education and training and support to the City's
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public safety employees and their families for a term of three (3) years from January 1,
2023 through December 31, 2025 with two (2) additional one-year options; to authorize
the Mayor to execute and the City Clerk to attest; to authorize payment to Armor Up
America in the amount of $5.00 per first responder per month with such amounts being
paid from General Fund No. 11111, Organization No. 118018, Account No. 41331 and
involving the payment of money from appropriations in more than one (1) year in
accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as
amended – (First Reading February 28, 2023; Second Reading and Public Hearing
March 7, 2023; Third Reading March 14, 2023) – see attached.
106. ORD. 43347 – An ordinance to establish, pursuant to Section 40-251 of the Omaha
Municipal Code, a Class “B” Oil District to be known as District No. B-214, to be located
at 8425 N 114th Street, as requested by Justin Goering with Westwood Solutions LLC,
and as described in the legal description and shown on the plat – (First Reading February
28, 2023; Second Reading and Public Hearing March 7, 2023; Third Reading March 14,
2023) – see attached.
107. ORD. 43348 – An ordinance to approve the Interlocal Agreement between the City of
Omaha and Douglas County, Nebraska for more than one year for the joint use of the City
of Omaha tow lot – (First Reading February 28, 2023; Second Reading and Public
Hearing March 7, 2023; Third Reading March 14, 2023) – see attached.
EXECUTIVE SESSION
108. 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: Harding, Johnson, Melton, Palermo, Rowe, Begley, Mr. President
Nays: None
MOTION APPROVED 7-0
MEETING ADJOURNED AT: 3:20 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 28, 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 28, 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 28,
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, Steve Curtiss, Matt Kuhse,
Matt Kalcevich, Jim Theiler, Liz Birkel-Leddy, Steve Scarpello, Amber Parker, Ed Reyes, Bernard in
den Bosch, Jennifer Taylor, Eric Englund, Don Seten, Jacquelyn Morrison, Kellie Johnston Dorsey,
Heather Tippey Pierce, Austin Rowser.
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 24, 2023, notice of the Pre-Council and Regular City Council Meetings,
February 28, 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 10, 11, 12, 13, 14, 15, 20, 21, 22, 54, 55, 62, 83 and 86.
EXECUTIVE SESSION
4. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT
MEETING ADJOURNED AT: 10:45 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 28, 2023.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
_________________________________ ___________________________________
Sherri Brown, Executive Secretary Elizabeth Butler