2023-04-18j
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JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, APRIL 18, 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, April 18, 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 # 2023-0383.
Council President Pete Festersen led those present in the Pledge of Allegiance.
Councilmember Aimee Melton of District No. 7 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 April 14, 2023, notice of the Pre-Council and Regular City Council Meetings,
April 18, 2023 – CCID # 2023-0384.
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. 2023-0392 – Class C Liquor License for Yo Muchacho Omaha, LLC, dba
“Muchachos”, located at 1258 South 13th Street. (New application, new location). Notice
of public hearing was posted on the property on 04-03-2023; Notification was sent to
property owners within 500 feet on 04-07-2023 – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Communication from the Planning Department – see attached.
Council President Pete Festersen opened the Public Hearing on Item 6.
The following person(s) appeared and spoke:
PROPONENTS:
Nick Maestas, Muchachos, 1258 South 13th Street, applicant (via Zoom)
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Melton that RESOLUTION # 2023-0392 be approved
contingent upon obtaining the proper permits for the outdoor area.
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
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7. RES. 2023-0393 – Class I Liquor License for The Backline Comedy Theatre, LLC, dba
“The Backline Comedy Theatre”, located at 1618 Harney Street. (New application, old
location). UPGRADE. Presently under individual Rohde, Dylan who has a Class “A”
License. Notice of public hearing was posted on the property on 04-03-2023; Notification
was sent to property owners within 500 feet on 04-07-2023 – 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:
Dylan Rohde, 2732 South 10th Street, for The Backline Comedy Theatre, applicant
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Harding that RESOLUTION # 2023-0393 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
8. RES. 2023-0394 – Class I Liquor License for The Brunch Box, LLC, dba “The Brunch
Box”, located at 1308 Jackson Street, Suite 1. (New application, new location). Notice of
public hearing was posted on the property on 04-03-2023; Notification was sent to property
owners within 500 feet on 04-07-2023 – see attached. (PUBLIC HEARING AND VOTE
TODAY)
A. Communication in opposition – see attached.
Council President Pete Festersen opened the Public Hearing on Item 8.
The following person(s) appeared and spoke:
PROPONENTS:
Stephanie Goodrich, The Brunch Box, 1308 Jackson Street, applicant
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Melton that RESOLUTION # 2023-0394 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
9. RES. 2023-0395 – Class I Liquor License for Capitol Pizza Company, dba “Frank’s
Pizzeria”, located at 1170 Capitol Avenue. (New application, new location). Notice of
public hearing was posted on the property on 04-03-2023; Notification was sent to property
owners within 500 feet on 04-07-2023 – see attached. (PUBLIC HEARING AND VOTE
TODAY)
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Council President Pete Festersen opened the Public Hearing on Item 9.
The following person(s) appeared and spoke:
PROPONENTS:
Matt Halligan, 16173 Capitol Avenue, for Frank’s Pizzeria, applicant
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Melton that RESOLUTION # 2023-0395 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
10. RES. 2023-0396 – Class I Liquor License for 402 Jam, Inc., dba “Omaha Sports
Academy”, located at 21015 Cumberland Drive. (New application, old location). Present
licensee is Fast Break Sports, 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 10.
The following person(s) appeared and spoke:
PROPONENTS:
Zachery Petersen, 9500 West Dodge Road, Attorney for the applicant (via Zoom)
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2023-0396 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
11. RES. 2023-0397 – Special Designated Liquor License Application – Sunken Ship
Investments LLC, dba “The Brokedown Palace”, 8805 Maple Street, requests permission
for a Special Designated License for an outdoor Beer Garden/Concert on May 11-13, 2023
from 6:00 a.m. to 2:00 a.m. with music until midnight each night – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 11.
The following person(s) appeared and spoke:
PROPONENTS:
Ross Koley, The Brokedown Palace, 8805 Maple Street, applicant
No one else came forward, and the public hearing was closed.
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MOTION by Harding, SECOND by Rowe that RESOLUTION # 2023-0397 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
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PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS
HARRIS ADDITION
12. RES. 2023-0386 – Res. that, the Final Plat entitled Harris Addition, a minor plat outside
city limits, located northwest of North Post Road and 40th Street, is hereby approved and
accepted. The applicant is John P. Farrell – Outside City Limits – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 12.
The following person(s) appeared and spoke:
PROPONENTS:
Dan Rock, 9290 West Dodge Road, Attorney for the applicant
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2023-0386 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTION
(Required notice of the public hearing relating to this redevelopment project was published in the
Daily Record on March 30, 2023 and April 6, 2023.)
13. RES. 2023-0318 – Res. that, the Leavenworth Lofts Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 3612
Leavenworth Street, which proposes the new construction of a single four story apartment
building with a total of 24 market rate units on top of one level of structured parking, and
authorizes the City’s participation through the allocation of TIF in an amount up to
$1,013,496.00, 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. (PUBLIC HEARING AND VOTE TODAY)
A. Communication in opposition – see attached.
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Council President Pete Festersen opened the Public Hearing on Item 13.
The following person(s) appeared and spoke:
PROPONENTS:
Robert Griffith, 11440 West Center Road, Attorney for the applicant
OPPONENTS:
Larry Storer, 5015 Lafayette Avenue
FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Festersen that RESOLUTION # 2023-0318 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
SPECIAL USE PERMITS
(Required notices of public hearings relating to these developments were published in the Daily
Record on April 4, 2023.)
14. RES. 2023-0343 – Res. that, the Special Use Permit application submitted by Gloria
Pavalos, for a Major Amendment to the Special Use Permit to allow Daycare services
(general) in the R5(35) – Urban Family Residential District, located at 4102 and 4110
South 13th Street, is hereby approved and the Permits and Inspection Division is directed
to issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the
referenced application, conditions set out in Exhibit “B”, and all applicable local or state
statutes, ordinances or regulations are complied with; and, that the proposed Large
Project Special Use Permit has been reviewed and evaluated pursuant to, and meets each
of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 14.
The following person(s) appeared and spoke:
PROPONENTS:
Ralph Gladbach, GP Architecture, 1708 Childs Road East, Bellevue, NE, for the applicant
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Rowe that RESOLUTION # 2023-0343 be approved
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ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
15. RES. 2023-0344 – Res. that, the Special Use Permit application submitted by CHI
Engineering, for a Major Amendment to the presumed Special Use Permit pursuant to
Section 55-883(q) to allow Major utility facilities in the DR – Development Reserve District,
with a waiver to Section 55-108, Height, to allow a 62-foot-tall structure, located northeast
of 120th and Fort Streets, is hereby approved and the Permits and Inspection Division is
directed to issue the necessary permit therefor, provided the conditions set out in Exhibit
"A" of the referenced application, conditions set out in Exhibit “B”, and all applicable local
or state statutes, ordinances or regulations are complied with; and, that the proposed
Large Project Special Use Permit has been reviewed and evaluated pursuant to, and
meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code – see
attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
B. Communication in opposition – see attached.
Council President Pete Festersen opened the Public Hearing on Item 15.
The following person(s) appeared and spoke:
PROPONENTS:
Joe Gay, NV5 Engineering, 430 West Road, Portsmouth, NH, obo MUD
Denise Dolezal, 14512 South 23rd Street, Bellevue, NE, for MUD
OPPONENTS:
Michael McCandless, 11756 Himebaugh Circle
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that RESOLUTION # 2023-0344 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, 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 16 through 28
were held on April 4, 2023.
(Required notices of the public hearings were published in the Daily Record on March 31, 2023.)
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16. ORD. 43364 – An ordinance authorizing the issuance of a purchase order to Garret’s Lawn
Service, for a price agreement for Hell Creek Green Infrastructure Maintenance Services
to be utilized by the Environmental Quality Control Division, to be effective for an initial
one (1) year term, and is renewable for four (4) separate 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 March 28, 2023; Second Reading and Public Hearing April 4,
2023; Third Reading April 18, 2023) – see attached.
17. ORD. 43365 – An ordinance authorizing the issuance of purchase orders to Service
Master of Sarpy County and SERVPRO of Omaha SW for On-Call, Sanitary Sewer
Backup Clean-Up Services to be utilized by the Sewer Maintenance Division; 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 March 28, 2023; Second Reading and Public Hearing April 4,
2023; Third Reading April 18, 2023) – see attached.
18. ORD. 43366 – An ordinance authorizing the extension of a price agreement with Utilities
Service Group, for Pipeline Assessment and Cleaning of Sanitary and Combined Sewers
which to be utilized by the Sewer Maintenance Division; 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 March 28, 2023; Second Reading and Public Hearing April 4, 2023; Third
Reading April 18, 2023) – see attached.
19. ORD. 43367 – An ordinance authorizing the extension of the contract with NSG Logistics,
LLC, for the purchase of rock salt, to be utilized by the Street Maintenance Division; 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 March 28, 2023; Second Reading and Public
Hearing April 4, 2023; Third Reading April 18, 2023) – see attached.
20. ORD. 43368 – An ordinance vacating that part of Sargent Street lying between 34th Street
(formerly Buffalo Street) and 35th Street, abutted by Lot 29, Florence Heights, an Addition
to the City of Omaha, Douglas County, Nebraska and Lot 1, Florence Heights Addition
Replat 5, an Addition to the City of Omaha, Douglas County, Nebraska; providing for the
reversion or transfer of the same – (First Reading March 28, 2023; Second Reading and
Public Hearing April 4, 2023; Third Reading April 18, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
21. ORD. 43369 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement for Roanoke Business Park, located northwest of 120th Street
and Roanoke Boulevard, to develop Lot 3 with an Indoor/Outdoor sports and recreation
use, between the City of Omaha and Greenhall Investments, LLC, providing site
development standards – (First Reading March 28, 2023; Second Reading and Public
Hearing April 4, 2023; Third Reading April 18, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
22. ORD. 43370 – An ordinance to approve a contract between the City of Omaha and
LexisNexis® Coplogic Solutions for the ongoing support and maintenance of the
LexisNexis® Investigator Crash Reporting (ICR) system, for a term of 18 months; that in
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consideration, the City shall pay LexisNexis® $45,484.79 over the 18-month period from
November 1, 2022 to May 1, 2024 – (First Reading March 28, 2023; Second Reading and
Public Hearing April 4, 2023; Third Reading April 18, 2023) – see attached.
23. ORD. 43371 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year for an agreement between the City of Omaha and the
Board of Regents of the University of Nebraska, University of Nebraska at Omaha (UNO)
in the amount of $30,373.00 from the Office of Community Oriented Policing Services
(COPS), FY 2022 Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant
Program, Award #15JCOPS-22-GG-04063-LEMH, to provide funding for the UNO School
of Criminology and Criminal Justice (SCCJ) to develop a wellness survey and evaluate
grant program implementation activities for the Omaha Police Department; to authorize
payment from such grant funding during the contract period of September 1, 2022 to
August 31, 2024 – (First Reading March 28, 2023; Second Reading and Public Hearing
April 4, 2023; Third Reading April 18, 2023) – see attached.
24. ORD. 43372 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year for a Professional Services Agreement between the Omaha
Police Department and the First Responders Foundation in the amount of up to
$13,860.00 from the FY 2022 Law Enforcement Mental Health and Wellness Act
(LEMHWA) Grant Program, Award #15JCOPS-22-GG-04063-LEMH to provide annual
mental health sessions for sworn law enforcement officers and civilian personnel in select
OPD units during the contract period of March 1, 2023 to December 31, 2023 with a one-
time renewal term through August 31, 2023 – (First Reading March 28, 2023; Second
Reading and Public Hearing April 4, 2023; Third Reading April 18, 2023) – see attached.
25. SPECIAL ORD. 10341 – An ordinance to approve the Omaha Downtown Improvement
District Association (ODIDA) 2023/2024 Budget and Workplan and levying a special tax
and assessment on all lots and pieces of real estate within Business Improvement District
No. 6874 in the City of Omaha in the amount of $631,677.61; such assessment shall cover
the costs anticipated by the Business Improvement District for March 2023 to February
2024 and contemplated by Ordinance No. 37504 which was approved by the City Council
of the City of Omaha on October 3, 2006, and reauthorized by Ordinance No. 38957
approved on March 8, 2011 and amended by Ordinance No. 41463 approved on April 26,
2018 – (First Reading March 28, 2023; Second Reading and Public Hearing April 4, 2023;
Third Reading April 18, 2023) – see attached.
A. Communication in opposition – see attached.
26. ORD. 43373 – An ordinance to approve the acceptance of a proposal by the University of
Nebraska at Omaha Medical Center (UNMC) Human DNA Identification Lab submitted in
response to Request for Proposal (RFP) issued by the City of Omaha for DNA Testing
and Forensic Genetic Genealogy (FGG) Analysis services between April 1, 2023 and
September 30, 2025; to authorize the Mayor to execute and the City Clerk to attest all
contractual documents to proceed with the proposed services in the amount of up to
$160,000.00 from the FY 2022 Prosecuting Cold Cases Using DNA grant program, Fund
12161, Organization 130717, Account 42911; to authorize payment from such grant
funding and involving appropriations of more than one year in conformity with Section 5.17
of the Home Rule – (First Reading March 28, 2023; Second Reading and Public Hearing
April 4, 2023; Third Reading April 18, 2023) – see attached.
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27. ORD. 43374 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the Executive Office of the President, Office of
National Drug Control Policy Grant Agreement #G23MW0008A in the amount of
$479,615.00, during the project period extending from January 1, 2023 to December 31,
2024 to support initiatives designed to implement the Strategy proposed by the Executive
Board of the Midwest HIDTA including the Greater Omaha Safe Streets Taskforce, Omaha
ATF Illegal Firearms Taskforce, Omaha DEA Drug Task Force, Omaha Metro Drug Task
Force, and Management and Coordination; to authorize payment from such grant funding
and involving appropriations of more than one year in conformity with Section 5.17 of the
Home Rule Charter – (First Reading March 28, 2023; Second Reading and Public Hearing
April 4, 2023; Third Reading April 18, 2023) – see attached.
28. ORD. 43375 – An ordinance to establish, pursuant to Section 40-251 of the Omaha
Municipal Code, a Class “A” Flammable Liquids Storage District to be known as District
No. A-163 at 6717 S 156th Street, as requested by Breakwater LLC, and as described in
the legal description and shown on the plat plan – (First Reading March 28, 2023; Second
Reading and Public Hearing April 4, 2023; Third Reading April 18, 2023) – see attached.
MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 16 ORDINANCE # 43364; Item # 17 ORDINANCE # 43365;
Item # 18 ORDINANCE # 43366; Item # 19 ORDINANCE # 43367;
Item # 20 ORDINANCE # 43368; Item # 21 ORDINANCE # 43369;
Item # 22 ORDINANCE # 43370; Item # 23 ORDINANCE # 43371;
Item # 24 ORDINANCE # 43372; Item # 25 SPECIAL ORDINANCE # 10341;
Item # 26 ORDINANCE # 43373; Item # 27 ORDINANCE # 43374; and,
Item # 28 ORDINANCE # 43375;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
Council President Festersen announced that the public hearings on Agenda Items 29 through 61
were today. He asked that anyone that wished to address the City Council regarding these items
please come to the microphone, indicate the Agenda Item Number being addressed, and to state
their name, address, who they represent, and if they were speaking as a proponent or opponent.
CONSENT AGENDA – RESOLUTIONS
29. RES. 2023-0398 – Liquor License Manager Application – Apple Ten Hospitality
Management, Inc., request permission to appoint Michael J. Kosalka manager to their
present Class “C” Liquor License locations for Hampton Inn & Suites Omaha Downtown,
1212 Cuming Street and Homewood Suites Omaha Downtown, 1314 Cuming Street – see
attached.
30. RES. 2023-0399 – Liquor License Manager Application – DC HIE Omaha West, LLC, dba
“Holiday Inn Express Hotel and Suites”, 17677 Wright Street, request permission to
appoint Vincent Wang manager to their present Class “I” Liquor License location – see
attached.
31. RES. 2023-0400 – Liquor License Manager Application – Howard’s Charro Café, Inc., dba
“Howard’s Charro Café”, 4443 South 13th Street, request permission to appoint David
Murillo manager to their present Class “I” Liquor License location – see attached.
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32. RES. 2023-0401 – Liquor License Manager Application – Sullivan’s Restaurants of NE,
LLC, dba “Sullivan’s Steakhouse”, 222 South 15th Street, request permission to appoint
Bailey A. Davenport manager to their present Class “I” Liquor License location – see
attached.
33. RES. 2023-0402 – Res. that, as recommended by the Mayor, the Public Works
Department will obtain GIS software maintenance services for the period of May 4, 2023
to May 3, 2024 from Environmental Systems Research Institute, Inc. per Quotation
Number 26128646; that the bidding procedures be waived in accordance with Section
5.16 of the Home Rule Charter of 1956 for the purchase of unique and non-competitive
items; and that, the Purchasing Agent is authorized to issue a purchase order to
Environmental Systems Research Institute, Inc. in the amount of $90,819.30 to be paid
from the Street Allocation Fund 12131, Pavement Maintenance Organization 116158,
year 2022 expenditure, with reimbursements to this organization from various Public
Works Department Divisions’ budgets and other City Departments as outlined in the
schedule – see attached.
34. RES. 2023-0403 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to FirstWireless, Inc. for the purchase of Handheld
Radio System, Alarm Interface, Repeater, Rack Charger, and Radios, to be utilized by the
Missouri River Water Resource Recovery Facility in an amount not to exceed $43,645.85,
is hereby approved. (The Finance Department is authorized to pay the cost of these
purchases from the Sewer Revenue Fund 21121, Missouri Resource Recovery Facility
Maintenance Organization 116613, year 2023 funding.) – see attached.
35. RES. 2023-0404 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Municipal Pipe Tool Co., LLC for the purchase of
Repair Parts and Factory Repairs to CCTV Cameras, to be utilized by the Sewer
Maintenance Division in an amount not to exceed $45,000.00, is hereby approved. (The
Finance Department is authorized to pay the cost of these purchases from the Sewer
Revenue Fund 21121, Maintenance Organization 116511, year 2023 funding.) – see
attached.
36. RES. 2023-0405 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Passport Labs, Inc. for processing of Mobile App,
Citation and Credit Card Fees, as administered by the Parking & Mobility Division, in the
amount of $505,000.00. (The Finance Department is authorized to pay the cost of this
purchase from the Parking Revenue Fund 21116; $335,000 from Organization 116183
and the remaining $170,000 from Organization 116231, all in year 2023 funding.) – see
attached.
37. RES. 2023-0406 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to add to Purchase Order No. 1284846 issued to Interstate PowerSystems for
the routine, predictive/preventative and corrective maintenance to all engines, their
auxiliary equipment and air compressor systems, to be utilized by the Missouri River Water
Resource Recovery Facility and Papillion Creek Water Resource Recovery Facility, in the
amount of $588,476.00, is hereby approved. (The Finance Department is authorized to
pay the cost of this purchase from the Sewer Revenue Fund 21121, Papio Creek Recovery
Facility Maintenance Organization 116614.) – see attached.
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38. RES. 2023-0407 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Empsace + Lovgren for the purchase of Parking
Ecosystem Services to be utilized by the Parking & Mobility Division totaling $99,500.00,
is hereby approved. (The Finance Department is authorized to pay the cost of this
purchase from the Parking Revenue Fund 21116, Parking Administration Organization
116241, year 2023 funding.) – see attached.
39. RES. 2023-0408 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Liberty Process Equipment, Inc. for the purchase
of pump rebuild parts, to be utilized by the Papillion Creek Water Resource Recovery
Facility, in the amount of $27,176.00, is hereby approved. (The Finance Department is
authorized to pay the cost of this purchase from the Sewer Revenue Fund 21121, Papio
Creek Recovery Facility Maintenance Organization 116614, year 2023 funding.) – see
attached.
40. RES. 2023-0409 – Res. that, as recommended by the Mayor, the contract with Spencer
Management LLC, for OPW 54528, being the 2023 Concrete Pavement Repair, Various
Locations within the City of Omaha Project, is hereby approved. (The Finance Department
is authorized to pay the cost of $1,524,315.60, from the 2020 Street Preservation Bond
Fund 13191, Transportation Bonds Organization 117117.) – see attached.
41. RES. 2023-0410 – Res. that, as recommended by the Mayor, the contract with Spencer
Management LLC, for OPW 54508, being the 2023 to 2024 Citywide Utility Cuts Project;
multiple–award contract number two of two, is hereby approved. (The Finance Department
is authorized to pay the cost of $391,575.00, from the Capital Special Assessment Fund
13573, Special Assessments Organization 116168, year 2023 expenditure.) – see
attached.
42. RES. 2023-0411 – Res. that, as recommended by the Mayor, the contract with Diamond
Surface, Inc., for OPW 54544, being the 2023 Concrete Diamond Grinding, Various
Locations within the City of Omaha Project, is hereby approved. (The Finance Department
is authorized to pay the cost of $1,195,785.50, from the 2020 Street Preservation Bond
Fund 13191, Transportation Bonds Organization 117117.) – see attached.
43. RES. 2023-0412 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with HDR Engineering, Inc. to provide professional services on OPW 54566,
being the Hydraulic Modeling: Combined Sewer Overflow Modeling Maintenance and Infill
Analysis, is hereby approved. (The Finance Department is authorized to pay a fee not to
exceed $99,900.00, from the Sewer Revenue Improvements (Bond) Fund 21124, CSO
Control Implementation (Bond) Organization 116918.) – see attached.
44. RES. 2023-0413 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with HGM Associates, Inc. to provide professional construction phase
engineering services on OPW 54528, being the 2023 Concrete Pavement Repair, Various
Locations within the City of Omaha Project, is hereby approved. (The Finance Department
is authorized to pay a fee not to exceed $403,759.00, from the 2020 Street Preservation
Bond Fund 13191, Transportation Bonds Organization 117117.) – see attached.
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45. RES. 2023-0414 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with HGM Associates, Inc. to provide professional construction phase
engineering services on OPW 54539, being the Concrete Pavement Repair – 72nd Street,
Dodge Street to Western Avenue Project, is hereby approved. (The Finance Department
is authorized to pay a fee not to exceed $398,540.00, from the 2020 Street Preservation
Bond Fund 13191, Transportation Bonds Organization 117117.) – see attached.
46. RES. 2023-0415 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Alfred Benesch & Company to provide professional construction phase
engineering services on OPW 54522, being the 2023 Residential Street Resurfacing
Package 1, Various Locations Project, is hereby approved. (The Finance Department is
authorized to pay a fee not to exceed $2,328,428.00, from the 2020 Street Preservation
Bond Fund 13191, Residential Street Rehab Organization 116161.) – see attached.
47. RES. 2023-0416 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Alfred Benesch & Company to provide professional construction phase
engineering services on OPW 51810, being the 108th Street - Decatur Street to Burt Street
Project, is hereby approved. (The Finance Department is authorized to pay a fee not to
exceed $448,681.14, from the 2018 Transportation Bond Fund 13185, Transportation
Bonds Organization 117117.) – see attached.
48. RES. 2023-0417 – Res. that, per NEB. REV. STAT. §39-1359, the City of Omaha officially
designates the temporary use of State Highway 64 (Maple Street) from 61st Street to 63rd
Street within Omaha City Limits on June 3, 2023, between the hours of 8:00 AM and 10:00
PM, for the Benson Beer Festival – see attached.
49. RES. 2023-0418 – Res. that, the application of HCD River Crossing Owner LLC, for a
lease of City property adjacent to 930 Harney Street for purposes of an Outdoor
Dining/Restaurant Patio, as described on the application, be and hereby is approved,
contingent upon continued compliance with all requirements made and provided by law;
and the Finance Department is directed to issue a billing statement and a lease form to
the applicant for execution and return – see attached.
50. RES. 2023-0420 – Res. that, the Agreement, as recommended by the Mayor, between
the City of Omaha and Siena Francis House, in the amount of $155,517.78 for the purpose
of providing shelter to homeless persons and families at its emergency shelter facilities for
approximately 3,000 homeless persons over the course of the one year period of said
Agreement, is hereby approved. (Funds shall be paid from the City of Omaha FY 2022
Emergency Solutions Grant, Fund No. 12139, Organization No. 130812.) – see attached.
51. RES. 2023-0421 – Res. that, as recommended by the Mayor, the payment to Lion’s Gate
Security Solutions, Inc. for safety and security at City of Omaha pools for the 2023
swimming pool season, not to exceed the amount of $187,000.00, from the General Fund
No. 11111 and Organization No. 115335, Pool Admin – see attached.
52. RES. 2023-0422 – Res. that, as recommended by the Mayor, the purchase order not
exceed the amount of $65,000.00 to Midwest Turf & Irrigation, for mower repair parts and
irrigation supplies for the Parks Golf Division, is hereby approved. (To be paid from the
Golf Operations Fund No. 21114.) – see attached.
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53. RES. 2023-0423 – Res. that, as recommended by the Mayor, Change Order No. 1 to the
contract and Purchase Order No. #1285847, in the total amount of $38,579.20 for The
Waldinger Corporation to furnish the materials and/or perform the work such as: proposal
for a second plumber to supplement the plumbing on various locations throughout parks
in the City of Omaha, is hereby approved. (The Finance Department is authorized to pay
the total amount of $38,579.20 from the General Fund 11111, Organization No. 115031,
Park Facilities Services.) – see attached.
54. RES. 2023-0424 – Res. that, as recommended by the Mayor, between 11:00 p.m. on
Tuesday, June 27, 2023 and 5:00 a.m. on Saturday, July 1, 2023, Memorial Park, 6005
Underwood Avenue, shall be open to accommodate the set-up of equipment and overnight
security for the City of Omaha Celebrates America event – see attached.
55. RES. 2023-0425 – Res. that, Section 18-28 of the Omaha Municipal Code provides that
the actual cost of cutting of weeds, grass and worthless vegetation, and/ or removal of
litter for 2023 shall be in such amounts as determined by approval of this Resolution – see
attached.
56. RES. 2023-0426 – Res. that, as recommended by the Mayor, the bid in the total amount
of $586,000.00 to Ray Martin Company to replace the HVAC system for the building and
pool areas at Mockingbird Community Center, 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 $586,000.00 to Ray Martin
Company, from 2018 Parks and Recreation Fund 13357, Organization No. 117317, Parks
and Cultures Bonds, Project I.D. No. 2005P507.) – see attached.
57. RES. 2023-0427 – Res. that, as recommended by the Mayor, the bid in the total amount
of $33,750.00 from Jacksons Complete Concrete to furnish all labor, materials, and
equipment necessary to complete the removal and replacement of concrete pavement,
which includes demolition of existing concrete or asphalt pavement, grading, layout, and
installation of new concrete pavement, located at various City of Omaha trails and parks,
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 $33,750.00 from the 2018 Parks and Recreation Fund No. 13357,
Organization No. 117317, Parks and Cultures Bonds, Project I.D. No. 2010P512.) – see
attached.
58. RES. 2023-0428 – 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 products or services from Cengage
Learning, Inc. in an amount not to exceed $40,297.50 for the subscription renewal of Gale
Courses Unlimited for a one (1)-year term beginning April 1, 2023 and ending on March
31, 2024. (The Finance Department is authorized to pay $40,297.50 for the cost of
purchases from the 2023 General Fund 11111, Organization 117016.) – see attached.
59. RES. 2023-0429 – 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 $80,000.00 during the period of January 1, 2023 through
December 31, 2023. (The Finance Department is authorized to pay $80,000.00 for the
cost of purchases from the 2023 Trust Fund 12114, Organization 123024.) – see attached.
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60. RES. 2023-0430 – Res. that, as recommended by the Mayor, the purchase based upon
the quote from Jones Automotive in the amount of $25,323.99, for equipment and
installation for a 2023 Ford Transit Cargo Arrest Van for the Omaha Police Department
Uniform Patrol Bureau, providing a unique and non-competitive article, and as provided in
Chapter 5.16 of the Home Rule Charter 1956 as amended, is hereby approved. (The
Finance Department of the City of Omaha is authorized to pay $25,323.99 for the
equipment and installation for the Arrest Van from the Omaha Police Department
Equitable Sharing Fund 17121, Organization 177771, Project 7060, Task D.1, Award
101040, Account 44234 Cars/Small Trucks/Vans.) – see attached.
61. RES. 2023-0431 – Res. that, the appointment by Mayor Jean Stothert of Tiffany Hunter to
the Board of Directors for the Omaha Municipal Land Bank as a resident of City Council
District 3, and with experience in real estate development and financing, said term to
commence March 19, 2023 and expire March 18, 2026, is hereby confirmed – see
attached.
Council President Pete Festersen opened the Public Hearing on Items 29 through 61.
No one came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 29 RESOLUTION # 2023-0398; Item # 30 RESOLUTION # 2023-0399;
Item # 31 RESOLUTION # 2023-0400; Item # 32 RESOLUTION # 2023-0401;
Item # 33 RESOLUTION # 2023-0402; Item # 34 RESOLUTION # 2023-0403;
Item # 35 RESOLUTION # 2023-0404; Item # 36 RESOLUTION # 2023-0405;
Item # 37 RESOLUTION # 2023-0406; Item # 38 RESOLUTION # 2023-0407;
Item # 39 RESOLUTION # 2023-0408; Item # 40 RESOLUTION # 2023-0409;
Item # 41 RESOLUTION # 2023-0410; Item # 42 RESOLUTION # 2023-0411;
Item # 43 RESOLUTION # 2023-0412; Item # 44 RESOLUTION # 2023-0413;
Item # 45 RESOLUTION # 2023-0414; Item # 46 RESOLUTION # 2023-0415;
Item # 47 RESOLUTION # 2023-0416; Item # 48 RESOLUTION # 2023-0417;
Item # 49 RESOLUTION # 2023-0418; Item # 50 RESOLUTION # 2023-0420;
Item # 51 RESOLUTION # 2023-0421; Item # 52 RESOLUTION # 2023-0422;
Item # 53 RESOLUTION # 2023-0423; Item # 54 RESOLUTION # 2023-0424;
Item # 55 RESOLUTION # 2023-0425; Item # 56 RESOLUTION # 2023-0426;
Item # 57 RESOLUTION # 2023-0427; Item # 58 RESOLUTION # 2023-0428;
Item # 59 RESOLUTION # 2023-0429; Item # 60 RESOLUTION # 2023-0430;and,
Item # 61 RESOLUTION # 2023-0431;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
ORDINANCES ON FINAL READING
62. SPECIAL ORD. 10338 – An ordinance levying a special tax and assessment on certain
lots, part of lots and pieces of real estate in the City of Omaha to cover the cost of
constructing sidewalks in District No. SWR – 2022-01 – (First Reading March 28, 2023;
Second Reading and Public Hearing April 4, 2023; Third Reading April 18, 2023) – see
attached. (VOTE TODAY)
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A. Amendment of the Whole requested by the Public Works Department – see
attached.
MOTION by Harding, SECOND by Melton that the Amendment of the Whole for SPECIAL
ORDINANCE # 10338 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
63. SPECIAL ORD. 10339 – An ordinance levying a special tax assessment for litter removal
in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain
lots in the City of Omaha - Group 2023-04 – (First Reading March 28, 2023; Second
Reading and Public Hearing April 4, 2023; Third Reading April 18, 2023) – see attached.
(VOTE TODAY)
A. Amendment of the Whole requested by the Parks Department – see attached.
MOTION by Melton, SECOND by Harding that the Amendment of the Whole for SPECIAL
ORDINANCE # 10339 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
64. SPECIAL ORD. 10340 – An ordinance levying a special tax assessment for cutting and
clearing weeds, grass and worthless vegetation in accordance with Sections 18-21
through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha – Group
2023-05 – (First Reading March 28, 2023; Second Reading and Public Hearing April 4,
2023; Third Reading April 18, 2023) – see attached. (VOTE TODAY)
A. Amendment of the Whole requested by the Parks Department – see attached.
MOTION by Harding, SECOND by Melton that the Amendment of the Whole for SPECIAL
ORDINANCE # 10340 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
RESOLUTION
65. RES. 2023-0419 – Res. that, the nomination of “Vivian Strong Street” as a commemorative
street name on 21st Street from Clark Street to Paul 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)
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Council President Pete Festersen opened the Public Hearing on Item 65.
The following person(s) appeared and spoke:
PROPONENTS:
Preston Love Jr., 6021 Villa De Sante Drive
Franklin Thompson, 1025 Beverly Drive
Sherman Wells, 4718 Kansas Avenue
Duranda Strong, 5430 South 114th Street
LaDonna Strong, 1513 North 20th Street
Tamika Mease, 4815 North 148th Circle, with North Omaha Community Partnership
Carol Larry, 317 Teal Ridge Hills Drive, Henderson, NV (via Zoom)
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Festersen that RESOLUTION # 2023-0419 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Melton, Palermo, Rowe, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
ORDINANCES ON SECOND READING
66. ORD. 43387 – An ordinance to approve the Second Amendment to the HSA Bank
Services Agreement between the City of Omaha and HSA Bank, for claims/administrative
services for the City health savings account, flexible spending account, and COBRA
Plans; the Second Amendment to the HSA Bank Services Agreement is for a term of three
(3) years with an additional two (2) one-year options at the City’s sole discretion; funds for
this Agreement will be paid from the Human Resources Department Fund No. 11111,
Organization No. 118018 – (First Reading April 4, 2023; Second Reading and Public
Hearing April 18, 2023; Third Reading April 25, 2023) – see attached. (PUBLIC HEARING
TODAY)
Council President Festersen opened the Public Hearing on Item 66.
The following person(s) appeared and spoke:
FOR THE CITY:
Cristin Cavel, Human Resources Department
Deb Sander, Director, Human Resources Department
No one else came forward, and the public hearing was closed.
67. ORD. 43388 – An ordinance (1) to approve an Agreement between the City of Omaha
and the Boys & Girls Clubs of the Midlands in the amount of $50,000.00; and (2) to
authorize funding for such agreement from the City of Omaha’s FY 2022 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, Award #15PBJA-22-GG-02068-
JAGX, awarded by the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance; to provide funding for two (2) Gang Specialist positions; to authorize
payment from such grant funding and involving appropriations of more than one year in
conformity with Section 5.17 of the Home Rule Charter – (First Reading April 4, 2023;
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Second Reading and Public Hearing April 18, 2023; Third Reading April 25, 2023) – see
attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 67.
No one came forward, and the public hearing was closed.
68. ORD. 43389 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and 5902 N 9th Street,
LLC, a Nebraska limited liability company, to implement the 5902 N 9th Street Industrial
Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project
site located at 5902 N 9th Street, which proposes the new construction of a one story
industrial building of about 202,404 square feet; the agreement authorizes the use of up
to $4,266,745.00, which includes capitalized interest, in excess ad valorem taxes (TIF)
generated by the development to help fund the cost of the project – (First Reading April
4, 2023; Second Reading and Public Hearing April 18, 2023; Third Reading April 25,
2023) – see attached. (PUBLIC HEARING TODAY)
Council President Festersen opened the Public Hearing on Item 68.
The following person(s) appeared and spoke:
FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
____________________________________________
NON-ACTION ITEMS
(Items 69 through 111 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 MAY 30, 2023)
STATE AND HIGHWAY 133 ADDITION
69. ORD. 43385 – An ordinance to rezone property located northwest of State Street and Blair
High Road from AG – Agricultural District to GI – General Industrial District – (First
Reading April 4, 2023; Second Reading April 18, 2023; Third Reading, Public Hearing
and Vote April 25, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
70. RES. 2023-0341 – Res. that, the Final Plat entitled State and Highway 133 Addition (Lot
3, Outlot C) a subdivision outside city limits, located northwest of State Street and Blair
High Road, is hereby approved and accepted; and concurrently that a portion of the
existing plat entitled State and Highway 133 Addition is hereby vacated. The applicant is
Westwood Solutions – Outside City Limits – see attached. (LAID OVER TO THE APRIL
25, 2023 CITY COUNCIL MEETING TO COINCIDE WITH ITEM 69)
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A. Planning Board and Planning Department recommend approval – see attached.
71. RES. 2023-0342 – Res. that, the Large Project Special Use Permit application submitted
by Westwood Solutions, LLC, for a Major Amendment to the Large Project Special Use
Permit to allow Communication services in the GI-General Industrial District, located
northwest of State Street and Blair High Road, is hereby approved and the Permits and
Inspection Division is directed to issue the necessary permit therefor, provided the
conditions set out in Exhibit "A" of the referenced application, conditions set out in Exhibit
“B”, and all applicable local or state statutes, ordinances or regulations are complied with;
and, that the proposed Large Project 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 APRIL 25, 2023 CITY
COUNCIL MEETING TO COINCIDE WITH ITEM 69)
A. Planning Board and Planning Department recommend approval – see attached.
ENCLAVE FLATS REPLAT 1
72. ORD. 43393 – An ordinance to rezone property located northeast of 189th and Fort
Streets from DR – Development Reserve District and R4 – Single-Family Residential
District (High-Density) to DR – Development Reserve District – (First Reading April 18,
2023; Second Reading April 25, 2023; Third Reading, Public Hearing and Vote May 2,
2023) – see attached.
73. ORD. 43394 – An ordinance to rezone property located northeast of 189th and Fort
Streets from DR – Development Reserve District and R4 – Single-Family Residential
District (High-Density) to R4 – Single-Family Residential District (High-Density) – (First
Reading April 18, 2023; Second Reading April 25, 2023; Third Reading, Public Hearing
and Vote May 2, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
74. RES. 2023-0387 – Res. that, the Preliminary Plat entitled Enclave Flats Replat 1, a
subdivision inside city limits, located northeast of 189th and Fort Streets, along with the
conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is
hereby authorized. The applicant is 18818 Fort, LLC – Inside City Limits – see attached.
(LAID OVER TO THE MAY 2, 2023 CITY COUNCIL MEETING TO COINCIDE WITH
ITEMS 72-73)
A. Planning Board and Planning Department recommend approval – see attached.
75. RES. 2023-0388 – Res. that, the Final Plat transmitted herewith entitled Enclave Flats
Replat 1, a minor plat inside city limits, located northeast of 189th and Fort Streets, is
hereby approved, and concurrently a portion of the existing plat entitled Enclave Flats,
and described on said replat, is hereby vacated. The applicant is 18818 Fort, LLC – Inside
City Limits – see attached. (LAID OVER TO THE MAY 2, 2023 CITY COUNCIL MEETING
TO COINCIDE WITH ITEMS 72-73)
A. Planning Board and Planning Department recommend approval – see attached.
76. RES. 2023-0389 – Res. that, the Subdivision Agreement among the City of Omaha, 18818
Fort, LLC, the Enclave Flats Homeowners Association, Inc., and Sanitary and
Improvement District (S.&I.D.) 590 of Douglas County, Nebraska, as recommended by the
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Mayor, is hereby approved. The Subdivision is to be known as Enclave Flats Replat 1
(Lots 1-133 and Outlots A-C) and is located northeast of 189th and Fort Streets – see
attached. (LAID OVER TO THE MAY 2, 2023 CITY COUNCIL MEETING TO COINCIDE
WITH ITEMS 72-73)
THE HILL
77. ORD. 43395 – An ordinance to rezone property located northeast of 168th and State
Streets from AG-Agricultural District to DR-Development Reserve District – (First
Reading April 18, 2023; Second Reading April 25, 2023; Third Reading, Public Hearing
and Vote May 2, 2023) – see attached.
78. ORD. 43396 – An ordinance to rezone property located northeast of 168th and State
Streets from AG-Agricultural District to R6-Low-Density Multiple-Family Residential
District – (First Reading April 18, 2023; Second Reading April 25, 2023; Third Reading,
Public Hearing and Vote May 2, 2023) – see attached.
79. ORD. 43397 – An ordinance to rezone property located northeast of 168th and State
Streets from AG-Agricultural District to MU-Mixed Use District – (First Reading April 18,
2023; Second Reading April 25, 2023; Third Reading, Public Hearing and Vote May 2,
2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
80. ORD. 43398 – An ordinance to approve a Mixed Use District Development Agreement for
property located northeast of 168th and State Streets between the City of Omaha and
Woodsonia 168/State LLC., providing site development standards – (First Reading April
18, 2023; Second Reading April 25, 2023; Third Reading, Public Hearing and Vote May
2, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
81. RES. 2023-0390 – Res. that, the Final Plat entitled The Hill (Lots 394-396, Outlots M-O),
a subdivision outside city limits, located northeast of 168th and State Streets, is hereby
approved and accepted. And, that the replat transmitted herewith entitled THE HILL (Lots
394-396, Outlots M-O), a subdivision outside city limits, located northeast of 168th and
State Streets, is hereby approved, and concurrently a portion of the existing plat entitled
The Hill, and described on said replat, is hereby vacated. The applicant is Woodsonia
168/State LLC – Outside City Limits – see attached. (LAID OVER TO THE MAY 2, 2023
CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 77-80)
A. Planning Board and Planning Department recommend approval – see attached.
82. RES. 2023-0391 – Res. that, the Subdivision Agreement among the City of Omaha,
Woodsonia 168-State Phase III, LLC, The Hill Landowners Association, Inc., and Sanitary
and Improvement District (S.&I.D.) 616 of Douglas County, Nebraska, as recommended
by the Mayor, is hereby approved. The Subdivision is to be known as The Hill (Lots 394-
396 and Outlots M-O) and is located northeast of 168th and State Streets – see attached.
(LAID OVER TO THE MAY 2, 2023 CITY COUNCIL MEETING TO COINCIDE WITH
ITEMS 77-80)
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PLANNING ORDINANCES ON SECOND READING WITH PLANNING BOARD
ATTACHMENTS
83. ORD. 43377 – An ordinance to rezone property located at 405 and 411 Bancroft Street
from GC – General Commercial District to R4(35) – Single-Family Residential District
(High-Density) – (First Reading April 4, 2023; Second Reading April 18, 2023; Third
Reading, Public Hearing and Vote April 25, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
84. ORD. 43378 – An ordinance to rezone property located at 2219 South 13th Street from
GI – General Industrial District to NBD – Neighborhood Business District – (First Reading
April 4, 2023; Second Reading April 18, 2023; Third Reading, Public Hearing and Vote
April 25, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
85. ORD. 43379 – An ordinance to rezone property located at 3510 South 24th Street from
GI – General Industrial District to CC – Community Commercial District – (First Reading
April 4, 2023; Second Reading April 18, 2023; Third Reading, Public Hearing and Vote
April 25, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
86. ORD. 43380 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 13105
West Center Road – (First Reading April 4, 2023; Second Reading April 18, 2023;
Third Reading, Public Hearing and Vote April 25, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
87. ORD. 43381 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 15656 Fort
Street – (First Reading April 4, 2023; Second Reading April 18, 2023; Third
Reading, Public Hearing and Vote April 25, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
88. ORD. 43382 – An ordinance to rezone property located northeast of Military Avenue and
Aurora Drive from R2 – Single-Family Residential District (Low-Density), R8 – High-
Density Multiple-Family Residential District, and CC – Community Commercial District to
R2 – Single-Family Residential District (Low-Density) – (First Reading April 4, 2023;
Second Reading April 18, 2023; Third Reading, Public Hearing and Vote April 25, 2023)
– see attached.
A. Planning Board and Planning Department recommend approval – see attached.
89. ORD. 43383 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located northeast of
Military Avenue and Aurora Drive – (First Reading April 4, 2023; Second Reading April
18, 2023; Third Reading, Public Hearing and Vote April 25, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
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90. ORD. 43384 – An ordinance to rescind the ACI-3 – Areas of Civic Importance Overlay
District for property located northeast of Military Avenue and Aurora Drive – (First
Reading April 4, 2023; Second Reading April 18, 2023; Third Reading, Public Hearing
and Vote April 25, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
PLAN NING ORDINANCES ON FIRST READING WITH PLANNING BOARD ATTACHMENTS
91. ORD. 43390 – An ordinance to rezone property located at 1107 and 1113 Nicholas, and
1001 North 12th Streets from HI – Heavy Industrial District to CBD – Central Business
District – (First Reading April 18, 2023; Second Reading April 25, 2023; Third Reading,
Public Hearing and Vote May 2, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
92. ORD. 43391 – An ordinance to amend the boundaries of the NCE-Neighborhood
Conservation Overlay District, to incorporate into that district the property located at 1107
and 1113 Nicholas, and 1001 North 12th Streets; to approve an amendment to the Urban
Design Element of the Master Plan for the City of Omaha to incorporate the Millwork
Commons NCE District Plan into the Master Plan – (First Reading April 18, 2023; Second
Reading April 25, 2023; Third Reading, Public Hearing and Vote May 2, 2023) – see
attached.
A. Planning Board and Planning Department recommend approval – see attached.
93. ORD. 43392 – An ordinance to rescind the ACI-1(PL) – Area of Civic Importance Overlay
District for a portion of the property located at 1107 and 1113 Nicholas, and 1001 North
12th Streets – (First Reading April 18, 2023; Second Reading April 25, 2023; Third
Reading, Public Hearing and Vote May 2, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
SPECIAL USE PERMITS
94. RES. 2023-0345 – Res. that, the Special Use Permit application submitted by David
Shaffer for a Special Use Permit to allow Automotive sales in the GC District, located at
1941 South 42nd Street, is hereby approved and the Permits and Inspection Division is
directed to issue the necessary permit therefor, provided the conditions set out in Exhibit
"A" of the referenced application, conditions set out in Exhibit “B”, and all applicable local
or state statutes, ordinances or regulations are complied with. That the proposed Special
Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria
set forth in Section 55-885 of the Omaha Municipal Code – see attached. (LAID OVER
TO THE APRIL 25, 2023 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING AND TO NOTIFY SURROUNDING PROPERTY OWNERS AND TO
COINCIDE WITH ITEM 80)
A. Planning Board and Planning Department recommend approval – see attached.
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95. ORD. 43386 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 1941 South
42nd Street – (First Reading April 4, 2023; Second Reading April 18, 2023; Third
Reading, Public Hearing and Vote April 25, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
96. RES. 2023-0385 – Res. that, the Special Use Permit application submitted by McNeil
Company Builders for a Special Use Permit to allow development in the ED – North Hills
Environmental Resources Overlay District, located at 10409 North 72nd Street, is hereby
approved and the Permits and Inspection Division is directed to issue the necessary permit
therefor, provided the conditions set out in Exhibit "A" of the referenced application,
conditions set out in Exhibit “B”, and all applicable local or state statutes, ordinances or
regulations are complied with. 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 MAY 2, 2023 CITY
COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND TO NOTIFY
SURROUNDING PROPERTY OWNERS)
A. Planning Board and Planning Department recommend approval – see attached.
ORDINANCES ON FIRST READING
97. ORD. 43399 – An ordinance approving the Relinquishment Agreement between the City
of Omaha and the Nebraska Department of Transportation (NDOT) transferring sole
jurisdictional control of the 1.5 mile segment of Nebraska State Highway 85 (South 84th
Street) from Harrison Street to U.S. Highway 275 (L Street) to the City of Omaha; to
provide for payment of funds from NDOT to the City for the completion of improvements
to this section totaling an amount not to exceed $4,000,000.00; to provide for payments
to a specific account – (First Reading April 18, 2023; Second Reading and Public
Hearing April 25, 2023; Third Reading May 2, 2023) – see attached.
98. ORD. 43400 – An ordinance to amend Sections 55-14, 55-21, 55-50, 55-68, 55-123, 55-
124, 55-143, 55-144, 55-163, 55-164, 55-183, 55-184, 55-203, 55-204, 55-210, 55-211,
55-223, 55-224, 55-243, 55-244, 55-263, 55-264, 55-305, 55-323, 55-345, 55-363, 55-
383, 55-403, 55-423, 55-444, 55-463, 55-485, 55-503, 55-523, 55-563, 55-573, 55-734,
55-762, 55-782, and 55-823 of the Omaha Municipal Code; to allow for Urban agriculture
– (First Reading April 18, 2023; Second Reading and Public Hearing April 25, 2023;
Third Reading May 2, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
99. ORD. 43401 – An ordinance to approve Amendment No. 2 to the Uptown District Tax
Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and
Uptown Properties, LLC, which was approved by Ordinance No. 40805 on June 28, 2016;
the amendment proposes the elimination of Phase III and IV, thereby decreasing the
number of row houses from 113 mostly three story row houses, to a new total of 69 row
houses; the amendment also decreases the original TIF loan from $5,084,978.00 to
$3,099,228.00 in excess ad valorem taxes (TIF) generated by the development to help
fund the cost of the project – (First Reading April 18, 2023; Second Reading and Public
Hearing April 25, 2023; Third Reading May 2, 2023) – see attached.
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100. ORD. 43402 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and Uptown Properties,
LLC, to implement the Digs Apartments Tax Increment Financing (TIF) Redevelopment
Project Plan for a redevelopment project site located at 522 South 30th Street and 522
Park Avenue, which proposes the new construction of a four story apartment building with
43 market rate apartments; the agreement authorizes the use of up to $1,542,459.00,
which includes capitalized interest, in excess ad valorem taxes (TIF) generated by the
development to help fund the cost of the project – (First Reading April 18, 2023; Second
Reading and Public Hearing April 25, 2023; Third Reading May 2, 2023) – see attached.
101. ORD. 43403 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code
concerning employment classifications by adding the employment classification entitled
Assistant Golf Course Superintendent with an hourly pay range of $23.91 to $30.50; to
repeal Section 23 - 177 as heretofore existing – (First Reading April 18, 2023; Second
Reading and Public Hearing April 25, 2023; Third Reading May 2, 2023) – see attached.
A. Personnel Board recommends approval.
102. ORD. 43404 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code
concerning employment classifications by adding the employment classification entitled
Grounds Maintenance Technician with a hourly pay range of $21.96 to $28.54; to amend
Section 23-177 of the Omaha Municipal Code concerning employment classifications by
adding the employment classification entitled Greenskeeper with a hourly pay range of
$21.96 to $28.54; to repeal Section 23 - 177 as heretofore existing – (First Reading April
18, 2023; Second Reading and Public Hearing April 25, 2023; Third Reading May 2, 2023)
– see attached.
A. Personnel Board recommends approval.
103. ORD. 43405 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code by
changing the salary for the employment classification known as Golf Course
Superintendent from a salary range of $55,349 to $71,157 to a salary range of $60,819 to
$84,011; to repeal Section 23 - 177 as heretofore existing – (First Reading April 18,
2023; Second Reading and Public Hearing April 25, 2023; Third Reading May 2, 2023) –
see attached.
A. Personnel Board recommends approval.
104. ORD. 43406 – An ordinance to amend Section 23-177 of the Omaha Municipal Code by
changing the salary for the employment classification known as Landscape Gardener from
a pay range of $20.26 to $26.72 to a pay range of $21.96 to $28.54; to repeal Section 23-
177 as heretofore existing – (First Reading April 18, 2023; Second Reading and Public
Hearing April 25, 2023; Third Reading May 2, 2023) – see attached.
A. Personnel Board recommends approval.
105. ORD. 43407 – An ordinance to amend Section 23-177, 23-178, 23-343, 23-363, 23-403,
23-558, and 23-570 of Chapter 23 of the Omaha Municipal Code to reflect changes
negotiated between the City of Omaha and the Professional Fire Service Manager
Association for the years 2023 and 2024; 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 April 18, 2023; Second Reading and Public
- 25 -
Hearing April 25, 2023; Third Reading May 2, 2023) – see attached. (REQUIRES VOTE
OF 5 COUNCILMEMBERS)
106. ORD. 43408 – An ordinance to accept the quote from Axon Enterprises, Inc., for the
purchase and installation of eight (8) video cameras for Omaha Police Department Interview
Rooms, with appropriations over a period of five years for a total cost of $217,709.44; the
quote includes storage, warranty, and operational software that is compatible with the
current Evidence.com solution used by the Omaha Police Department for body cameras
and electronic sharing of cases with area prosecutors for five years; with payment to be
made from the Omaha Police Department General Fund 11111, Organization 113213
Information Technology/Mobile IT Unit, Account 42266 Information Technology Contracted
in the amount of $217,709.44 – (First Reading April 18, 2023; Second Reading and Public
Hearing April 25, 2023; Third Reading May 2, 2023) – see attached.
107. ORD. 43409 – An ordinance to establish, pursuant to Section 40-251 of the Omaha
Municipal Code, a Class “A” Flammable Liquids Storage District to be known as District
No. A-164 at 8750 Vernon Street, as requested by Larry Tatum, and as described in the
legal description and shown on the plat plan – (First Reading April 18, 2023; Second
Reading and Public Hearing April 25, 2023; Third Reading May 2, 2023) – see attached.
108. ORD. 43410 – 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-215, 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 plan – (First Reading
April 18, 2023; Second Reading and Public Hearing April 25, 2023; Third Reading May
2, 2023) – see attached.
109. ORD. 43411 – An ordinance approving a Redevelopment Agreement by and between the
City of Omaha and KJ Crossroads Venture, LLC for the redevelopment KJ Crossroads
Venture, LLC of the property generally located at 7400 Dodge Street in the City of Omaha,
Douglas County, Nebraska, and all adjacent public rights-of-way; and which authorizes
the use of up to $79,400,000.00, plus accrued interest, in excess ad valorem taxes
generated by the redevelopment project – (First Reading April 18, 2023; Second
Reading and Public Hearing April 25, 2023; Third Reading May 2, 2023) – see attached.
110. ORD. 43412 – An ordinance providing for the designation of an enhanced employment
area; 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 April 18, 2023; Second Reading and
Public Hearing April 25, 2023; Third Reading May 2, 2023) – see attached.
111. ORD. 43413 – An ordinance approving a Development Agreement for Occupation Tax in
an Enhanced Employment Area by and between the City of Omaha and KJ Venture, LLC,
a Nebraska limited liability company, and its successors or assigns, for a project site
located northwest of 72nd and Dodge Streets, authorizing the use of up to
$64,980,000.00, plus accrued interest in occupation tax revenues generated by the
development located in an enhanced employment area, as shown in Exhibit “A”, as
properly authorized and designated by the Omaha City Council – (First Reading April
18, 2023; Second Reading and Public Hearing April 25, 2023; Third Reading May 2, 2023)
– see attached.
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EXECUTIVE SESSION
112. 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: 2:55 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 April 18, 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, APRIL 18, 2023
CONFERENCE ROOM 702 @ 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, April 18, 2023 at
10:36 A.M, in Conference Room 702, Seventh 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, Deb Sander, Matt Kalcevich, Steve Scarpello, Amber Parker, Ed Reyes, Bernard in
den Bosch, Thomas Warren, Eric Englund, Don Seten, Ken Smith.
CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT
1. City Clerk certified publication in the Daily Record, the Official Newspaper of the City of
Omaha on April 14, 2023, notice of the Pre-Council and Regular City Council Meetings, April
18, 2023.
2. A current copy of the Open Meeting Act is posted in a white binder on the west wall of
Conference Room 702.
DISCUSSION TOPICS
3. Discussion of Agenda Items 6, 8, 13, 36, 55, 61 and 65.
EXECUTIVE SESSION
4. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT
MEETING ADJOURNED AT: 10:43 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
April 18, 2023.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
_________________________________ ___________________________________
Sherri Brown, Executive Secretary Elizabeth Butler