2023-08-15j
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JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, AUGUST 15, 2023
@ 2:00 PM
LEGISLATIVE CHAMBERS,
1819 FARNAM STREET
OMAHA, NEBRASKA
OMAHA CITY COUNCILMEMBERS
Pete Festersen – Council President District 1
Aimee Melton – Council Vice President District 7
Juanita Johnson District 2
Danny Begley District 3
(Vacant) District 4
Don Rowe District 5
Brinker Harding District 6
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THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, August 15,
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 Rowe, Begley,
Harding, Johnson, Melton, Mr. President (Festersen) – CCID # 2023-0798.
Council President Pete Festersen led those present in the Pledge of Allegiance.
Council President Pete Festersen of District No. 1 provided remarks.
CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT
City Clerk Elizabeth Butler certified publication in the Daily Record, the Official Newspaper of the
City of Omaha, on August 11, 2023, notice of the Pre-Council and Regular City Council Meetings,
August 15, 2023 – CCID # 2023-0799.
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
A. Million Father March Take Your Child to School Day
CALLED TO SPEAK:
Willie Hamilton, Black Men United
B. Ron Buboltz
CALLED TO SPEAK:
Ron Buboltz, Omaha/Douglas Public Building Commission
LIQUOR
6. RES. 2023-0783 – Liquor License Addition Application – Baroque, LLC, dba “Barroco
Wine Bar”, located at 2935 South 108th Street, requests permission for an area approx.
55’ x 26’ to the west. Notice was posted on the property on 07-25-2023; Notification was
sent to property owners within 500 feet on 07-21-2023 – see attached. (POSTPONED
FROM THE AUGUST 1, 2023 CITY COUNCIL MEETING, PUBLIC HEARING AND
VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 6.
The following person(s) appeared and spoke:
PROPONENTS:
Heather Ray, Barroco Wine Bar, 2935 South 108th Street, applicant (via Zoom)
No one else came forward, and the public hearing was closed.
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MOTION by Harding, SECOND by Rowe that RESOLUTION # 2023-0783 be approved
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
7. RES. 2023-0808 – Class I Liquor License for Maravillas Olga, LLC, dba “Maravillas Olga”,
located at 1714 Vinton Street. (New application, New location). Notice of public hearing
was posted on the property on 08-01-2023; Notification was sent to property owners within
500 feet on 08-04-2023 – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Revised Statement of Business Activity submitted by the Applicant – see attached.
Council President Pete Festersen opened the Public Hearing on Item 7.
The following person(s) appeared and spoke:
PROPONENTS:
Olga Villarreal, Maravillas Olga, 1714 Vinton Street, applicant
Rebecca Barrientos-Patlan, 3305 E Street
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that RESOLUTION # 2023-0808 be approved
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
8. RES. 2023-0809 – Special Designated Liquor License Application – Second Wind, Inc.,
dba “Crescent Moon Ale House”, 3578 Farnam Street, requests permission for a Special
Designated License for “Oktoberfest 22nd Annual” at 36th Street from Farnam Street north
to end of parking lot on September 22, 2023 from 4:00 p.m. to 2:00 a.m. and September
23, 2023 from 12:00 p.m. to 2:00 a.m. with music until midnight on 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:
Kandace Gladwin, 1504 North 113th Plaza, for Crescent Moon Ale House
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Melton that RESOLUTION # 2023-0809 be approved
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
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9. RES. 2023-0810 – Special Designated Liquor License Application – Jax Inc., dba “Perry’s
Place”, 9652 Mockingbird Drive, requests permission for a Special Designated License for
an outdoor “concert” on September 15, 2023 from 4:00 p.m. to 12:00 a.m. with music until
midnight – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 9.
The following person(s) appeared and spoke:
PROPONENTS:
William Perry, Perry’s Place, 9652 Mockingbird Drive, applicant
No one else came forward, and the public hearing was closed.
MOTION by Rowe, SECOND by Harding that RESOLUTION # 2023-0810 be approved
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
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PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS
City Clerk Elizabeth Butler stated that Items 10 and 11 relate to the same project and would be
considered together.
AVENUE ONE REPLAT 4
10. RES. 2023-0801 – Res. that, the Final Plat transmitted herewith entitled Avenue One
Replat 4, a minor plat inside city limits, located southwest of 192nd Street and West Dodge
Road, is hereby approved, and concurrently portions of the existing plat entitled Avenue
One, and described on said replat, is hereby vacated. The applicant is Rainwood
Development Partners – Inside City Limits – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
11. RES. 2023-0802 – Res. that, the Subdivision Agreement between the City of Omaha and
Jasper Stone 192 and Dodge, LLC, as recommended by the Mayor, is hereby approved.
The Subdivision is to be known as Avenue One Replat 4 (Lots 1-2 and Outlot A) and is
located southwest of 192nd Street and West Dodge Road – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Items 10 and 11.
No one came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 10 RESOLUTION # 2023-0801; and, Item # 11 RESOLUTION # 2023-0802;
ROLL CALL VOTE:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
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MOTION APPROVED 6-0
(Required notices of public hearings relating to this development were published in the Daily
Record on August 1, 2023.)
BROOKESTONE MEADOWS REPLAT 3
12. RES. 2023-0740 – Res. that, the Preliminary Plat entitled Brookestone Meadows Replat
3, a subdivision inside city limits, located southeast of 204th and Harney Streets, along
with the conditions, is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized. The applicant is Brookestone Meadows Inc./Vetter
Senior Living – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE
TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 12.
The following person(s) appeared and spoke:
PROPONENTS:
Don Heine, Thompson, Dreessen & Dorner, 10836 Old Mill Road, for the applicant
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 2023-0740 be approved
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
(Required notices of public hearings relating to this development were published in the Daily
Record on August 1, 2023.)
BUNGALOWS ON HONEYSUCKLE
13. RES. 2023-0742 – Res. that, the Preliminary Plat entitled Bungalows on Honeysuckle, a
subdivision inside city limits, located at 1999 Veterans Drive, along with the conditions, is
hereby accepted; and, the preparation of the final plat of this subdivision is hereby
authorized. The applicant is Jeremy Hall, Advanced Acquisitions LLC – Inside City Limits
– see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 13.
The following person(s) appeared and spoke:
PROPONENTS:
Larry Jobeun, 11440 West Center Road, Attorney for the applicant
No one else came forward, and the public hearing was closed.
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MOTION by Harding, SECOND by Melton that RESOLUTION # 2023-0742 be approved
ROLL CALL:
Yeas:
Nays: None
MOTION APPROVED 6-0
(Required notices of public hearings relating to this development were published in the Daily
Record on August 1, 2023.)
SIGNAL HILL REPLAT 2
14. RES. 2023-0743 – Res. that, the Preliminary Plat entitled Signal Hill Replat 2, a minor plat
inside city limits, located southwest of 120th and L Streets, along with the conditions, is
hereby accepted; and, the preparation of the final plat of this subdivision is hereby
authorized. The applicant is Number Four, LLC – Inside City Limits – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 14.
The following person(s) appeared and spoke:
PROPONENTS:
Trevor Veskrna, Thompson, Dreessen & Dorner, 10836 Old Mill Road, for the applicant
No one else came forward, and the public hearing was closed.
MOTION by Rowe, SECOND by Harding that RESOLUTION # 2023-0743 be approved
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
City Clerk Elizabeth Butler stated that Items 15 and 16 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 August 1, 2023.)
ALBRIGHT CHOICE REPLAT 7
15. RES. 2023-0744 – Res. that, the Preliminary Plat entitled Albright Choice Replat 7, a minor
plat inside city limits, located northwest of 18th and Washington Streets, is hereby
accepted; and, the preparation of the final plat of this subdivision is hereby authorized.
The applicant is Turi Paskar – Inside City Limits – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
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16. RES. 2023-0745 – Res. that, the Final Plat transmitted herewith entitled Albright Choice
Replat 7, a minor plat inside city limits, located northwest of 18th and Washington Streets,
is hereby approved, and concurrently a portion of the existing plats entitled Albright
Subdivision of Lot 30, Alright Choice Replat 2, and described on said replat, are hereby
vacated. The applicant is Yuri Paskar – Inside City Limits – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Items 15 and 16.
The following person(s) appeared and spoke:
PROPONENTS:
Rebecca Barrientos-Patlan, 3305 E Street
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Rowe that the following items be approved:
Item # 15 RESOLUTION # 2023-0744; and, Item # 16 RESOLUTION # 2023-0745;
ROLL CALL VOTE:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
(Required notices of public hearings relating to this development were published in the Daily
Record on August 1, 2023.)
HANSCOM PLACE REPLAT 16
17. ORD. 43481 – An ordinance to approve an Amendment to the Future Land Use Element
of the City’s Master Plan from High Density Residential to Office/Commercial for the
property located at 1303 Park Avenue, and to establish a Mixed Use Area for the
intersection of Poppleton Avenue and Park Avenue – (First Reading July 25, 2023;
Second Reading August 1, 2023; Third Reading, Public Hearing and Vote August 15,
2023) – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
B. Request to withdraw this item from the Planning Department – see attached.
MOTION by Begley, SECOND by Harding that ORDINANCE # 43481 be withdrawn
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
18. RES. 2023-0748 – Res. that, the Preliminary Plat entitled Hanscom Place Replat 16, a
minor plat inside city limits, located southeast of Park Avenue and Poppleton Avenue,
along with the conditions, is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized. The applicant is inCOMMON Housing Development
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Corporation – Inside City Limits – see attached. (PUBLIC HEARING AND VOTE
TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Pete Festersen opened the Public Hearing on Item 18.
The following person(s) appeared and spoke:
PROPONENTS:
Andrew Whealy, inCommon, 1340 Park Avenue
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Rowe that RESOLUTION # 2023-0748 be approved
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
City Clerk Elizabeth Butler stated that Items 19 through 21 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 August 1, 2023.)
CHESTNUT HILLS
19. ORD. 43480 – An ordinance to rezone property located northeast of 177th and Clay
Streets from AG-Agricultural District to R4-Single Family Residential District (High
Density) – (First Reading July 25, 2023; Second Reading August 1, 2023; Third Reading,
Public Hearing and Vote August 15, 2023) – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
20. RES. 2023-0746 – Res. that, the Final Plat entitled Chestnut Hills (Lots 107-252, Outlots
D-K) (formerly Hunzeker), a subdivision outside city limits, located northeast of 177th and
Clay Streets, is hereby approved and accepted; and concurrently a portion of the existing
plat entitled Pratt Ranch Replat, and described on said replat, is hereby vacated. The
applicant is Gerald Torczon-Richland Homes, LLC – Outside City Limits – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
21. RES. 2023-0747 – Res. that, the Subdivision Agreement among the City of Omaha,
Richland Homes, LLC, the Chestnut Hills Homeowners Association, and Sanitary and
Improvement District (S.&I.D.) 591 of Douglas County, Nebraska, as recommended by the
Mayor, is hereby approved. The Subdivision is to be known as Chestnut Hills (Lots 107-
252 and Outlots D-K) and is located northeast of 177th and Clay Streets – see attached.
(PUBLIC HEARING AND VOTE TODAY)
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Council President Pete Festersen opened the Public Hearing on Items 19 through 21.
The following person(s) appeared and spoke:
PROPONENTS:
Randy Kuszak, Lamp Rynearson, 14710 West Dodge Road, for the applicant
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 19 ORDINANCE 43480; Item # 20 RESOLUTION # 2023-0746;and,
Item # 21 RESOLUTION # 2023-0747;
ROLL CALL VOTE:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
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 July 20, 2023 and July 27, 2023.)
22. RES. 2023-0727 – Res. that, the Forever North Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 2505 North
24th Street, which proposes the construction of both a four story mixed-use structure and
a 99 unit four story multifamily apartment building, and authorizes the City’s participation
through the allocation of TIF in an amount up to $9,463,221.00, which includes capitalized
interest, to offset TIF eligible expenses including, but not limited to land acquisition,
architectural and engineering fees, environmental and geotech reports, site preparation,
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)
Council President Pete Festersen opened the Public Hearing on Item 22.
The following person(s) appeared and spoke:
PROPONENTS:
Ashley Kuhn, 4616 Dodge Street
OPPONENTS:
Luis Jimenez, 2709 Dewey Avenue
FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Melton that RESOLUTION # 2023-0727 be approved
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ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
SPECIAL USE PERMIT
(Required notices of public hearings relating to this development were published in the Daily
Record on August 1, 2023.)
23. RES. 2023-0749 – Res. that, the Special Use Permit application submitted by Gabriela
Martinez for a Special Use Permit to allow Daycare services (general) in the R4(35)
District, located at 3252 Monroe 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. (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 23.
The following person(s) appeared and spoke:
PROPONENTS:
Gabriela Martinez, 3252 Monroe Street
Rebecca Barrientos-Patlan, 3305 E Street
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Begley that RESOLUTION # 2023-0749 be approved
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
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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 24 through 27
were held on August 1, 2023.
(Required notices of the public hearings were published in the Daily Record on July 28, 2023.)
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24. ORD. 43482 – An ordinance authorizing the issuance of a purchase order to Gilson
Software Solutions, LLC in the estimated annual amount of $10,480.00, for the Telephone
Answering Service to be utilized by the Street Maintenance Division, to be effective for a
period of 12 months and is extendable for two (2) one-year periods at the City’s sole
discretion; 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 July 25, 2023; Second Reading and
Public Hearing August 1, 2023; Third Reading August 15, 2023) – see attached.
25. ORD. 43483 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement for South Farm, located northwest of 144th and Pine Streets, for
an updated multi-family residential development plan for Replat 2, Lot 8 – (First Reading
July 25, 2023; Second Reading and Public Hearing August 1, 2023; Third Reading August
15, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
26. ORD. 43484 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and 7101 Mercy Holdings,
LLC, to implement the 7101 Mercy Tax Increment Financing (TIF) Redevelopment Project
Plan for a redevelopment project site located at 7101 Mercy Road, which proposes for the
demolition of an existing office building and the construction of a new four story apartment
building with 200 apartment units. A new five story parking structure will also be built on
the site with a bridge connecting it to the apartment building on the third floor; the
agreement authorizes the use of up to $6,549,341.00, which includes capitalized interest,
in excess ad valorem taxes (TIF) generated by the development to help fund the cost of
the project – (First Reading July 25, 2023; Second Reading and Public Hearing August 1,
2023; Third Reading August 15, 2023) – see attached.
27. ORD. 43485 – An ordinance as recommended by the Mayor, amending Ordinance No.
42899, approved March 1, 2022, that previously approved Miller & Sons Golf Cars, to
provide golf carts for Benson and Knolls Golf Courses. The amendment will change the
lease provider from PNC Equipment Finance to Farmer’s Trust & Savings Bank – (First
Reading July 25, 2023; Second Reading and Public Hearing August 1, 2023; Third
Reading August 15, 2023) – see attached.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 24 ORDINANCE # 43482; Item # 25 ORDINANCE # 43483;
Item # 26 ORDINANCE # 43484; and, Item # 27 ORDINANCE # 43485;
ROLL CALL VOTE:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
Council President Festersen announced that the public hearings on Agenda Items 28 through 47
were today. He asked that anyone that wished to address the City Council regarding these items
please come to the microphone, indicate the Agenda Item Number being addressed, and to state
their name, address, who they represent, and if they were speaking as a proponent or opponent.
COUNCIL PRESIDENT FESTERSEN ANNOUNCED THAT AGENDA ITEMS 44 THROUGH 47
WERE REMOVED FROM THE CONSENT AGENDA.
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CONSENT AGENDA – RESOLUTIONS
28. RES. 2023-0811 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Embris Group, LLC to provide professional design phase engineering
services on OPW 54615, being the Levee PL 84-99 Project Analysis and Prioritization
Project, is hereby approved. (The Finance Department is authorized to pay a fee not to
exceed $99,675.00, from the 2014 Environment Bond Fund 13124, Environmental Bonds
Organization 117217.) – see attached.
29. RES. 2023-0812 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Felsburg Holt & Ullevig, Inc. to provide professional design phase
engineering services on OPW 54546, being the North Ridge Drive 5B Street
Improvements Project, is hereby approved. (The Finance Department is authorized to pay
a fee not to exceed $396,900.00, to be paid from the 2020 Street Preservation Bond Fund
13191, Transportation Bonds Organization 117117.) – see attached.
30. RES. 2023-0813 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Jacobs Engineering Group Inc. to provide process improvement services
for the Sewer Maintenance Division’s Collection Systems Grit and Screening Work Plan,
is hereby approved. (The Finance Department is authorized to pay a fee not to exceed
$41,424.81, from the Sewer Revenue Fund 21121, Maintenance Organization 116511,
year 2023 expenditure.) – see attached.
31. RES. 2023-0814 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Jacobs Engineering Group Inc. to provide full time construction field
observation and permit tracking services on the Fiber Optic Cable Installation Inspection
Project, is hereby approved. (The Finance Department is authorized to pay a fee not to
exceed $120,000.00, to be paid from the Street Allocation Fund 12131, Pavement
Maintenance Organization 116158, year 2023 expenditure.) – see attached.
32. RES. 2023-0815 – Res. that, as recommended by the Mayor, the Professional Services
Agreement between the City of Omaha and HNTB Corporation for construction
engineering services on Project TCSP-28(114), State Control No. 22571, and OPW
52487, North Downtown Riverfront Pedestrian Connector Bridge Project, for the sum not
to exceed $1,216,756.99, is hereby approved. (Will be paid from the 2018 Transportation
Bond Fund 13185, Transportation Bonds Organization 117117; other local funding to be
reimbursed to this fund via separate agreements. The City Council hereby authorizes the
Mayor and City Clerk to sign the Agreement on behalf of the City of Omaha.) – see
attached.
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33. RES. 2023-0816 – Res. that, the City Council of the City of Omaha recommends to
Douglas County the vacation of a tract of land located in the Northeast Quarter of Section
34, Township 15 North, Range 10 East of the 6th P.M., Douglas County, Nebraska; Being
described as the south 66.00 feet, less the west 150.00 feet thereof of the following
described parent tract: Parent tract being described as (per Warranty Deed Book 1010,
Page 3 of the records of the Register of Deeds in Douglas County, Nebraska), referring to
the north quarter corner of said Section 34; thence easterly on the north line of the
Northeast Quarter of said Section 34, a distance of 1,274.1 feet; thence southerly 100°47'
right, a distance of 947.5 feet to the point of beginning; thence continuing southerly on the
last described course, produced a distance of 215.2 feet to a point on the southern right-
of-way line of the present paved highway; thence westerly 79°11' right and on said
southern right-of-way line, a distance of 614.1 feet to a point of curvature; thence
continuing westerly on said southern right-of-way line and on a 164.57 foot radius curve
to the left (initial tangent of which coincides with the last described course, produced a
distance of 60.6 feet to a point of tangency; thence southwesterly, tangent, and on said
southern right-of-way line, a distance of 365.9 feet to a point on the west line of said
Northeast Quarter; thence northerly on said west line, a distance of 555.2 feet to a point
which is 730.4 feet southerly from the northwest corner of said Northeast Quarter; thence
easterly 100°34' right, a distance of 1,071.6 feet to the point of beginning); said parcel to
be vacated contains 58,649 square feet or 1.346 acres more or less, pursuant to Exhibit
“A”, which by this reference becomes a part hereof – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
34. RES. 2023-0817 – Res. that, the Grant Agreement, as recommended by the Mayor, to
provide funding in the amount of $34,500.00 for the rehabilitation and lead reduction work,
when applicable, to the property owned by Donna R. Smith located at 4517 Curtis Avenue,
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.
35. RES. 2023-0818 – Res. that, the Grant Agreement, as recommended by the Mayor, to
provide funding in the amount of $34,825.00 for the rehabilitation and lead reduction work,
when applicable, to the property owned by Bilal R. Nosilla located at 3465 Larimore
Avenue, is hereby approved. The Contract is to be awarded to Aztec Contracting, LLC.
(Funds shall be paid from CDBG Exterior 2021 SF Housing Rehabilitation Program, Award
No. 100864, Fund No. 12186, Org. No. 128072.) – see attached.
36. RES. 2023-0819 – Res. that, the Investor Agreement, as recommended by the Mayor, to
provide funding in the amount of $32,497.50 for the Lead-based Paint Hazard Control
work to the owned by Jack and Nammi Song located at 2604 S 12th Street, is hereby
approved. The contract is to be awarded to NSRM, LLC. (Funds shall be paid as follows:
$32,497.50 from LEAD 2022 NELHD 0489-22, Fund No. 12136, Org. No. 128104.) – see
attached.
37. RES. 2023-0820 – Res. that, as recommended by the Mayor, the amendment of
Resolution No. 2023-0461, approved April 25, 2023, that previously approved Turfwerks
to supply mower repair parts and irrigation supplies for City of Omaha Golf Courses. It
was stated that the expenses would exceed $20,000.00, but would not exceed $65,000.00
for mower repair. Due to unforeseen repairs on the older models of golf mowers, the
repairs have exceeded $65,000.00. This amendment changes the amount from Turfwerks,
for mower repairs and irrigation supplies from $65,000.00 to not exceed $100,000.00 –
see attached.
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38. RES. 2023-0821 – Res. that, as recommended by the Mayor, the purchase order to Van
Wall Equipment for mower repair parts and irrigation supplies, which will not exceed
$20,000.00 but will not exceed $100,000.00 for the Golf Division, for the Parks, Recreation
and Public Property Department, is hereby approved. (To be paid from the Golf Operations
Fund No. 21114.) – see attached.
39. RES. 2023-0822 – Res. that, as recommended by the Mayor, the bid in the total amount
of $243,348.12 from The Nebraska Game and Parks Commission to repave the existing
boat ramp parking lot at Standing Bear Lake, being the lowest and best bid received within
bid specifications, 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 $243,348.12 to Valley Corporation from the 2018 Parks
and Recreation Fund 13357, Organization No. 117317, Parks and Cultures Bonds, Project
I.D. No. 2011P501.) – see attached.
40. RES. 2023-0823 – Res. that, as recommended by the Mayor, the bid in the total amount
of $93,500.00 to MSW Concrete & Landscaping, LLC to furnish all labor, materials and
equipment to remove and replace the parking lot at District 1 Yard Parking Lot
Improvements, being the best bid received within bid specifications, 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 $93,500.00
to MSW Concrete & Landscaping, LLC, from 2018 Parks and Recreation Fund 13357,
Organization No. 117317, Parks and Cultures Bonds, Project I.D. No. 1982P506.) – see
attached.
41. RES. 2023-0824 – Res. that, as recommended by the Mayor, the acceptance of
$253,464.66 in CARES Act Recovery Assistance grant funding from the Nebraska
Tourism Commission to promote the City of Omaha, is hereby approved. (The Finance
Director is authorized to accept payment in the amount of $253,464.66 to Fiscal Year
2023, Fund No. 21109 - Omaha Convention and Visitors Bureau No. 115941 -Marketing,
Account No. 54232 - Marketing revenue.) – see attached.
42. RES. 2023-0825 – Res. that, as recommended by the Mayor, the Omaha Convention and
Visitors Bureau's appropriation in the amount of $196,903.00 to the Destination Marketing
Corporation for future commitments, is hereby approved. (The Finance Director is
authorized to transfer $196,903.00 for Fiscal Year 2023, from Fund No. 21109 - Omaha
Convention and Visitors Bureau, Organization No. 115911 - OCVB -Admin to Fund No.
21107 -Destination Marketing Corporation, Organization No. 115999 - Destination
Marketing Corporation.) – see attached.
43. RES. 2023-0826 – Res. that, as recommended by the Mayor, the purchase based upon
the quote of Anderson Ford, Lincoln in the amount of $1,917,480.00 for forty (40) Ford
Police Utility Vehicles with vinyl wraps, which represents Nebraska State Contract bid
pricing, having been determined to be the best available current price for the Ford PUVs,
is hereby approved. (The Finance Department is authorized to pay the cost of the Ford
PUVs with vinyl wraps in the amount of $1,917,480.00 from the Omaha Police
Department, Year 2023, General Fund 11111, Organization 113141 Fleet/Facilities,
Account 47031 Vehicles Small Law Enforcement Only.) – see attached.
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44. RES. 2023-0827 – Res. that, the reappointment by Mayor Jean Stothert of Kristine K.
Moore as a permanent member of the Zoning Board of Appeals to serve a five-year term,
commencing October 2, 2023, and expiring October 1, 2028, be and hereby is confirmed
and approved – see attached. (REMOVED FROM CONSENT AGENDA)
45. RES. 2023-0828 – Res. that, the reappointment by Mayor Jean Stothert of Michael Sharp
as an interested and qualified person from an organization that performs architectural
landscape services of the Landmarks Heritage Preservation Commission, said term
commencing August 15, 2023 and expiring August 14, 2026, be and hereby is confirmed
and approved – see attached. (REMOVED FROM CONSENT AGENDA)
46. RES. 2023-0829 – Res. that, the reappointment by Mayor Jean Stothert of Connor T.
Lund, Senior Associate of The Lund Company | Cushman & Wakefield, member of the
Blackstone Business Improvement Board to serve a term commencing upon August 15,
2023, and expiring on August 14, 2028, is hereby confirmed and approved – see attached.
(REMOVED FROM CONSENT AGENDA)
47. RES. 2023-0830 – Res. that, the appointment by Mayor Jean Stothert of Jewel Z. Rodgers
as a member of the North 24th Street Business Improvement District Area Board to serve
a five-year term commencing August 15, 2023 and expiring August 14, 2028, is hereby
approved and confirmed by the City Council – see attached. (REMOVED FROM
CONSENT AGENDA)
Council President Pete Festersen opened the Public Hearing on Items 28 through 43.
The following person(s) appeared and spoke:
FOR THE CITY:
Heather Tippey Pierce, Public Works Department – Item # 29
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Begley that the following items be approved:
Item # 28 RESOLUTION # 2023-0811; Item # 29 RESOLUTION # 2023-0812;
Item # 30 RESOLUTION # 2023-0813; Item # 31 RESOLUTION # 2023-0814;
Item # 32 RESOLUTION # 2023-0815; Item # 33 RESOLUTION # 2023-0816;
Item # 34 RESOLUTION # 2023-0817; Item # 35 RESOLUTION # 2023-0818;
Item # 36 RESOLUTION # 2023-0819; Item # 37 RESOLUTION # 2023-0820;
Item # 38 RESOLUTION # 2023-0821; Item # 39 RESOLUTION # 2023-0822;
Item # 40 RESOLUTION # 2023-0823; Item # 41 RESOLUTION # 2023-0824;
Item # 42 RESOLUTION # 2023-0825; and, Item # 43 RESOLUTION # 2023-0826;
ROLL CALL VOTE:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
City Clerk Elizabeth Butler stated that Items 44 through 47 could be considered together.
44. RES. 2023-0827 – Res. that, the reappointment by Mayor Jean Stothert of Kristine K.
Moore as a permanent member of the Zoning Board of Appeals to serve a five-year term,
commencing October 2, 2023, and expiring October 1, 2028, be and hereby is confirmed
and approved – see attached.
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45. RES. 2023-0828 – Res. that, the reappointment by Mayor Jean Stothert of Michael Sharp
as an interested and qualified person from an organization that performs architectural
landscape services of the Landmarks Heritage Preservation Commission, said term
commencing August 15, 2023 and expiring August 14, 2026, be and hereby is confirmed
and approved – see attached.
46. RES. 2023-0829 – Res. that, the reappointment by Mayor Jean Stothert of Connor T.
Lund, Senior Associate of The Lund Company | Cushman & Wakefield, member of the
Blackstone Business Improvement Board to serve a term commencing upon August 15,
2023, and expiring on August 14, 2028, is hereby confirmed and approved – see attached.
47. RES. 2023-0830 – Res. that, the appointment by Mayor Jean Stothert of Jewel Z. Rodgers
as a member of the North 24th Street Business Improvement District Area Board to serve
a five-year term commencing August 15, 2023 and expiring August 14, 2028, is hereby
approved and confirmed by the City Council – see attached.
Council President Pete Festersen opened the Public Hearing on Items 44 through 47.
The following person(s) appeared and spoke:
FOR THE CITY:
Thomas Warren, Mayor’s Office
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 44 RESOLUTION # 2023-0827; Item # 45 RESOLUTION # 2023-0828;
Item # 46 RESOLUTION # 2023-0829; and, Item # 47 RESOLUTION # 2023-0830;
ROLL CALL VOTE:
Yeas: Rowe, Begley, Harding, Melton, Mr. President
Nays: Johnson
MOTION APPROVED 5-1
_______________________________________
RESOLUTION
48. RES. 2023-0831 – Res. that, it does hereby approve the settlement of the claim filed by
Maureen Ellen Maenner in the amount of $42,500.00 in full and complete satisfaction and
settlement of this claim. The Law Department of the City of Omaha is hereby authorized
and empowered to execute, deliver, approve, and receive all appropriate settlement
documents to cause the conclusion of said claim, including the Release of All Claims, and
that the funds to satisfy the same shall be paid out of the Judgment Fund, Special Levy
Judgment Fund No. 12111, Org. No. 121101, Acct. No. 46227 – see attached. (PUBLIC
HEARING AND VOTE TODAY)
Council President Pete Festersen opened the Public Hearing on Item 48.
The following person(s) appeared and spoke:
PROPONENTS:
Donnie Johnson, 4928 North 52nd Street
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No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Begley that RESOLUTION # 2023-0831 be approved
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
_______________________________________
PARKING LEASE TERMINATION APPEAL
49. RES. 2023-0800 – Tomasek Machine Shop appeals the termination of their parking
lease agreement – see attached. (MOTION NEEDED TO ALLOW OR DENY THE
APPEAL, IF ALLOWED, DIRECT THE DEPARTMENT ACCORDINGLY)
A. Documentation submitted by the Public Works Department – see attached.
The following person(s) appeared and spoke:
APPELLANT:
Nick Weiland, Tomasek Machine Shop, 1631 South 13th Street
FOR THE CITY:
Ken Smith, Public Works Department
Bernard in den Bosch, Law Department
MOTION by Begley, SECOND by Harding that the appeal for RESOLUTION # 2023-0800 be
denied
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
_______________________________________
NON-ACTION ITEMS
(Items 50 through 87 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 SEPTEMBER 5, 2023)
ARBOR VIEW
50. ORD. 43486 – An ordinance to rezone property located northwest of 210th Street and
Grand Avenue from AG-Agricultural District to DR-Development Reserve District – (First
Reading August 1, 2023; Second Reading August 15, 2023; Third Reading, Public
Hearing and Vote August 22, 2023) – see attached.
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51. ORD. 43487 – An ordinance to rezone property located northwest of 210th Street and
Grand Avenue from AG-Agricultural District to R4-Single-Family Residential District (High-
Density) – (First Reading August 1, 2023; Second Reading August 15, 2023; Third
Reading, Public Hearing and Vote August 22, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
52. RES. 2023-0773 – Res. that, the Final Plat entitled Arbor View (Lots 534-641, Outlot N),
a minor plat outside the city limits, located northwest of 210th Street and Grand Avenue,
is hereby approved and accepted. The applicant is Charleston Homes, LLC – Outside City
Limits – see attached. (LAID OVER TO THE AUGUST 22, 2023 CITY COUNCIL
MEETING TO COINCIDE WITH ITEMS 50-51)
A. Planning Board and Planning Department recommend approval – see attached.
53. RES. 2023-0774 – Res. that, the Subdivision Agreement among the City of Omaha,
Charleston Homes, The Arbor View West Homeowners Association, and Sanitary and
Improvement District (S.&I.D.) 611 of Douglas County, Nebraska, as recommended by the
Mayor, is hereby approved. The Subdivision is to be known as Arbor View (Lots 534-641
and Outlot N) and is located northwest of 210th Street and Grand Avenue – see attached.
(LAID OVER TO THE AUGUST 22, 2023 CITY COUNCIL MEETING TO COINCIDE
WITH ITEMS 50-51)
AVANTE
54. ORD. 43488 – An ordinance to rezone property located northwest of 195th and Fort
Streets from AG-Agricultural District to DR-Development Reserve District – (First
Reading August 1, 2023; Second Reading August 15, 2023; Third Reading, Public
Hearing and Vote August 22, 2023) – see attached.
55. ORD. 43489 – An ordinance to rezone property located northwest of 195th and Fort
Streets from AG-Agricultural District to R4-Single-Family Residential District (High
Density) – (First Reading August 1, 2023; Second Reading August 15, 2023; Third
Reading, Public Hearing and Vote August 22, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
56. RES. 2023-0775 – Res. that, the Final Plat entitled Avante, a subdivision outside the city
limits, located northwest of 195th and Fort Streets, is hereby approved and accepted. The
applicant is Avante, LLC – Outside City Limits – see attached. (LAID OVER TO THE
AUGUST 22, 2023 CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 54-55)
A. Planning Board and Planning Department recommend approval – see attached.
57. RES. 2023-0776 – Res. that, the Subdivision Agreement among the City of Omaha,
Falcone Land Development, LLC, Avante, LLC, The Avante Home Owners Association,
and Sanitary and Improvement District (S.&I.D.) 620 of Douglas County, Nebraska, as
recommended by the Mayor, is hereby approved. The Subdivision is to be known as
Avante (Lots 1-272 and Outlots A-H) and is located northwest of 195th and Fort Streets –
see attached. (LAID OVER TO THE AUGUST 22, 2023 CITY COUNCIL MEETING TO
COINCIDE WITH ITEMS 54-55)
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CALAROSA WEST
58. ORD. 43490 – An ordinance to rezone property located northeast of 216th and Fort
Streets from AG-Agricultural District to DR-Development Reserve District – (First
Reading August 1, 2023; Second Reading August 15, 2023; Third Reading, Public
Hearing and Vote August 22, 2023) – see attached.
59. ORD. 43491 – An ordinance to rezone property located northeast of 216th and Fort
Streets from AG-Agricultural District to R4-Single-Family Residential District (High
Density) – (First Reading August 1, 2023; Second Reading August 15, 2023; Third
Reading, Public Hearing and Vote August 22, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
60. RES. 2023-0777 – Res. that, the Final Plat entitled Calarosa West (Lots 524-679, Outlots
M-X), a subdivision outside the city limits, located northeast of 216th and Fort Streets, is
hereby approved and accepted. The applicant is Vistancia 3, LLC – Outside City Limits –
see attached. (LAID OVER TO THE AUGUST 22, 2023 CITY COUNCIL MEETING TO
COINCIDE WITH ITEMS 58-59)
A. Planning Board and Planning Department recommend approval – see attached.
61. RES. 2023-0778 – Res. that, the Subdivision Agreement among the City of Omaha,
Vistancia 3, LLC, The Calarosa West Home Owners Association, Sanitary and
Improvement District (S.&I.D.) 609 of Douglas County, Nebraska, and the Papio-Missouri
River Natural Resources District, as recommended by the Mayor, is hereby approved. The
total cost of the interceptor sewer, currently estimated at $1,008,000.00, shall be paid from
the Interceptor Sewer Construction, Organization 116921, Fund 12133. The Subdivision
is to be known as Calarosa W est (Lots 524-679 and Outlots M-X) and is located northeast
of 216th and Fort Streets – see attached. (LAID OVER TO THE AUGUST 22, 2023
CITY COUNCIL MEETING TO COINCIDE WITH ITEMS 58-59)
THE OAKS REPLAT THREE
62. RES. 2023-0803 – Res. that, the Preliminary Plat entitled The Oaks Replat Three, a minor
plat inside city limits, located at 12656 Weir Street, is hereby , is hereby accepted; and,
the preparation of the final plat of this subdivision is hereby authorized. The applicant is
12656 Weir, LLC – Inside City Limits – see attached. (LAID OVER TO THE AUGUST 29,
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.
WESTWOOD HEIGHTS 15TH ADDITION REPLAT 5
63. RES. 2023-0804 – Res. that, the Preliminary Plat entitled Westwood Heights 15th
Addition Replat 5, a minor plat inside city limits, located southwest of 129th Avenue and
West Center Road, along with the conditions, is hereby accepted; and, the preparation of
the final plat of this subdivision is hereby authorized. The applicant is G&I X Montclair on
Center – Inside City Limits – see attached. (LAID OVER TO THE AUGUST 29, 2023
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CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING AND TO
NOTIFY SURROUNDING PROPERTY OWNERS)
A. Planning Board and Planning Department recommend approval – see attached.
D.M. AND R. INVESTMENT REPLAT 3
64. RES. 2023-0805 – Res. that, the Preliminary Plat entitled D.M. and R. Investment Replat
3, a minor plat inside city limits, located at 4848 South 66th Circle, along with the
conditions, is hereby accepted; and, the preparation of the final plat of this subdivision is
hereby authorized. The applicant is Cory Gross – Inside City Limits – see attached. (LAID
OVER TO THE AUGUST 29, 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.
AVENUE ONE REPLAT 5
65. RES. 2023-0806 – Res. that, the Preliminary Plat entitled Avenue One Replat 5, a minor
plat inside city limits, with a waiver to Section 53-8(4)(d), Lot frontage, located southwest
of 192nd Street and West Dodge Road, along with the conditions, is hereby accepted;
and, the preparation of the final plat of this subdivision is hereby authorized. The applicant
is Jasper Stone 192nd & Dodge, LLC – Inside City Limits – see attached. (LAID OVER
TO THE AUGUST 29, 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.
BLUESTEM PRAIRIE 2ND ADDITION
66. RES. 2023-0807 – Res. that, the Preliminary Plat entitled Bluestem Prairie 2nd Addition,
a subdivision inside city limits, located at 4966 Newport Avenue, along with the conditions,
is hereby accepted; and, the preparation of the final plat of this subdivision is hereby
authorized. The applicant is Drew Lier – Inside City Limits – see attached. (LAID OVER
TO THE AUGUST 29, 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.
PLANNING ORDINANCES ON FIRST READING WITH PLANNING BOARD ATTACHMENTS
67. ORD. 43492 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay
District, located at 4076 Spencer Street, to approve the Development Plan – (First
Reading August 15, 2023; Second Reading August 22, 2023; Third Reading, Public
Hearing and Vote August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
68. ORD. 43493 – An ordinance to rezone property located at 2504 Bancroft Street from GI-
General Industrial District to R5-Urban Family Residential District – (First Reading
August 15, 2023; Second Reading August 22, 2023; Third Reading, Public
Hearing and Vote August 29, 2023) – see attached.
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A. Planning Board and Planning Department recommend approval – see attached.
69. ORD. 43494 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 20309
Roberts Street – (First Reading August 15, 2023; Second Reading August 22, 2023;
Third Reading, Public Hearing and Vote August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
70. ORD. 43495 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 2051 North
156th Street – (First Reading August 15, 2023; Second Reading August 22, 2023;
Third Reading, Public Hearing and Vote August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
71. ORD. 43496 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 3131 South
156th Street – (First Reading August 15, 2023; Second Reading August 22, 2023;
Third Reading, Public Hearing and Vote August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
72. ORD. 43497 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 2500 South
120th Street – (First Reading August 15, 2023; Second Reading August 22, 2023;
Third Reading, Public Hearing and Vote August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
73. ORD. 43498 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 2011 North
156th Street – (First Reading August 15, 2023; Second Reading August 22, 2023;
Third Reading, Public Hearing and Vote August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
74. ORD. 43499 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 4036 South
42nd Street – (First Reading August 15, 2023; Second Reading August 22, 2023;
Third Reading, Public Hearing and Vote August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
75. ORD. 43500 – An ordinance to rezone property located at 2922 North 16th Street from
GC-General Commercial District to CC- Community Commercial District (property is a
designated Local Landmark) – (First Reading August 15, 2023; Second Reading August
22, 2023; Third Reading, Public Hearing and Vote August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
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76. ORD. 43501 – An ordinance to amend the boundaries of the ACI – Area of Civic
Importance Overlay District, to incorporate into that district the property located at 2922
North 16th Street – (First Reading August 15, 2023; Second Reading August 22, 2023;
Third Reading, Public Hearing and Vote August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS
77. RES. 2023-0789 – Res. that, the Kennedy Square West Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 3005 and 3006
Emmett Street, which proposes the Martin Luther King Jr building will be demolished and
replaced with a mixed use building of four stories with 39 residential units and about 3,964
square feet of commercial space, and authorizes the City’s participation through the
allocation of TIF in an amount up to $473,486.00, which includes capitalized interest, to
offset TIF eligible expenses including, but not limited to site work, demolition, acquisition,
various pre-development studies, 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 AUGUST 22, 2023 CITY COUNCIL MEETING TO
ADVERTISE FOR PUBLIC HEARING)
78. RES. 2023-0790 – Res. that, the MH Landing Lot 1 Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 3401 South
72nd Street, which proposes the construction of a new one story commercial building of
about 6,650 square feet with two bays of retail uses, and authorizes the City’s participation
through the allocation of TIF in an amount up to $581,976.00, which includes capitalized
interest, to offset TIF eligible expenses including, but not limited to site work, acquisition,
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
AUGUST 22, 2023 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING)
79. RES. 2023-0791 – Res. that, the Boho Flats Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 1432 South
13th Street, which proposes the six buildings on the project site will be demolished and a
new five story mixed use building with 59 apartment units and 5,400 square feet of retail
space will be constructed, and authorizes the City’s participation through the allocation of
TIF in an amount up to $2,090,443.00, which includes capitalized interest, to offset TIF
eligible expenses including, but not limited to site work, demolition, acquisition,
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
AUGUST 22, 2023 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC HEARING)
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ORDINANCES ON FIRST READING
80. ORD. 43509 – An ordinance authorizing the issuance of a purchase order to BJ’s Fleet
Wash, LLC in the estimated annual amount of $29,456.80, for Janitorial Services to be
utilized by the Sewer Maintenance Division, to be effective for a period of 12 months and
is extendable for two (2) one-year periods at the City’s sole discretion; 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 August 15, 2023; Second Reading and Public Hearing August
22, 2023; Third Reading August 29, 2023) – see attached.
81. ORD. 43502 – An ordinance to approve an Amendment to an Agreement between the City
of Omaha and Metro Area Continuum of Care for the Homeless (“MACCH”) which was
originally approved by Ordinance No. 42660 on August 31, 2021 and has been amended
by Ordinance No. 43283 on January 31, 2023; to obligate up to 25% of the emergency rental
assistance funds for affordable rental housing and eviction prevention purposes, as defined
by the Secretary of the Treasury, serving very low-income families; to increase
administrative fees in the Agreement from up to 10% to up to 15% on funds utilized for
affordable rental housing and eviction prevention purposes – (First Reading August 15,
2023; Second Reading and Public Hearing August 22, 2023; Third Reading August 29,
2023) – see attached.
82. ORD. 43503 – An ordinance to approve a Major Amendment to a Mixed Use District
Development Agreement for West Dodge Station, for the property located at 18081 Burt
Street, to increase the height limit of a wall sign for the Pinnacle Bank building from 35 to
47 feet on the west building elevation on Lot 8, providing site development standards –
(First Reading August 15, 2023; Second Reading and Public Hearing August 22, 2023;
Third Reading August 29, 2023) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
83. ORD. 43504 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and Highlander Phase V,
LLC, to implement the Highlander V Davis Ridge Tax Increment Financing (TIF)
Redevelopment Project Plan for a redevelopment project site located northwest of 31st
Street and Patrick Avenue, which proposes the new construction of a three-story mixed
income 41 unit multifamily apartment structure; the agreement authorizes the use of up to
$501,775.00, which includes capitalized interest, in excess ad valorem taxes (TIF)
generated by the development to help fund the cost of the project – (First Reading August
15, 2023; Second Reading and Public Hearing August 22, 2023; Third Reading August 29,
2023) – see attached.
84. ORD. 43505 – An ordinance to amend Section 23 - 177 of the Omaha Municipal Code
concerning employment classifications by adding the employment classification entitled
Pavement Marking Technician with a hourly pay range of $20.17 to $27.72; to repeal
Section 23 - 177 as heretofore existing – (First Reading August 15, 2023; Second
Reading and Public Hearing August 22, 2023; Third Reading August 29, 2023) – see
attached.
A. Personnel Board recommends approval.
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85. ORD. 43506 – An ordinance to amend Section 23-177 of the Omaha Municipal Code by
changing the salary for the employment classification known as Maintenance Repairer I
from a pay range of $20.17 to $25.52 to a pay range of $20.17 to $26.53; to repeal Section
23-177 as heretofore existing – (First Reading August 15, 2023; Second Reading and
Public Hearing August 22, 2023; Third Reading August 29, 2023) – see attached.
A. Personnel Board recommends approval.
86. ORD. 43508 – An ordinance to repeal several sections of Chapter 20, Article VII, Division
1 and Division 2 of the Omaha Municipal Code regarding firearms and weapons due to
the passage of LB 77 passed by the Nebraska Legislature on April 19, 2023 and approved
by the Governor of the State of Nebraska on April 25, 2023, which declares such
ordinances null and void – (First Reading August 15, 2023; Second Reading August 22,
2023; Third Reading, Public Hearing and Vote August 29, 2023) – see attached.
87. ORD. 43510 – An ordinance to amend Section 2-185, Section 8-28, Section 8-85, Section
20-193, Section 20-194, Section 20-196, Section 20-197 and Section 20-202 of the
Omaha Municipal Code regarding firearms and weapons due to the passage of LB 77
passed by the Nebraska Legislature on April 19, 2023 and approved by the Governor of
the State of Nebraska on April 25, 2023 – (First Reading August 15, 2023; Second
Reading August 22, 2023; Third Reading, Public Hearing and Vote August 29, 2023) – see
attached.
EXECUTIVE SESSION
88. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT:
MOTION by Melton, SECOND by Festersen that the meeting be adjourned
ROLL CALL:
Yeas: Rowe, Begley, Harding, Johnson, Melton, Mr. President
Nays: None
MOTION APPROVED 6-0
MEETING ADJOURNED AT: 3:15 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 August 15, 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, AUGUST 15, 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, August 15, 2023
at 10:30 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, Rowe, Mr. President (Festersen).
Others present were Jim Dowding, Elizabeth Butler, Kimberly Hoesing, Bob Stubbe, Dave Fanslau,
Steve Curtiss, Matt Kalcevich, Deborah Ward, Liz Birkel-Leddy, Steve Scarpello, Bernard in den
Bosch, Thomas Warren, Eric Englund, Bridget Hadley, Don Seten, Kellie Johnston Dorsey, Austin
Rowser, Ken Smith, Heather Tippey Pierce, Sarah Lara Toney.
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 August 11, 2023, notice of the Pre-Council and Regular City Council Meetings,
August 15, 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 17, 22, 29, 44, 45, 46, 47, 48 and 49.
EXECUTIVE SESSION
4. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT
MEETING ADJOURNED AT: 10:37 A.M.
I, Elizabeth Butler, CITY CLERK OF THE CITY OF OMAHA, do hereby certify that the foregoing is
a true and correct copy of the proceedings of the Pre-Council Meeting of the City of Omaha held on
August 15, 2023.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
_________________________________ ___________________________________
Sherri Brown, Executive Secretary Elizabeth Butler