2023-08-22j
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JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, AUGUST 22, 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 22,
2023 at 2:00 PM in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha, Nebraska
and was called to Order by Council Vice President Aimee Melton.
CALL TO ORDER
City Clerk Elizabeth Butler took the Roll Call: Present were Councilmembers Begley, Harding,
Johnson, Rowe, Madam Vice President (Melton); Absent the entire meeting was Council
President Festersen – CCID # 2023-0832.
Council Vice President Aimee Melton led those present in the Pledge of Allegiance.
Councilmember Juanita Johnson of District No. 2 provided remarks.
CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT
City Clerk Elizabeth Butler certified publication in the Daily Record, the Official Newspaper of the
City of Omaha, on August 18, 2023, notice of the Pre-Council and Regular City Council Meetings,
August 22, 2023 – CCID # 2023-0833.
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.
LIQUOR
6. RES. 2023-0834 – Class C Liquor License for African Cocktail Lounge, LLC, dba “African
Cocktail Lounge”, located at 7215 Blondo 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 08-11-2023 – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Communications in opposition – see attached.
Council Vice President Aimee Melton opened the Public Hearing on Item 6.
The following person(s) appeared and spoke:
PROPONENTS:
Koko Davis, African Cocktail Lounge, 7215 Blondo Street, applicant (via Zoom)
No one else came forward, and the public hearing was closed.
MOTION by Begley, SECOND by Harding that RESOLUTION # 2023-0834 be postponed to
the August 29, 2023 City Council meeting.
ROLL CALL:
Yeas: Begley, Harding, Johnson, Rowe, Madam Vice President
Nays: None
MOTION APPROVED 5-0
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PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS
City Clerk Elizabeth Butler stated that Items 7 through 10 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 8, 2023.)
ARBOR VIEW
7. 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. (PUBLIC HEARING AND VOTE
TODAY)
8. 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. (PUBLIC HEARING
AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
9. 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. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
10. 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.
(PUBLIC HEARING AND VOTE TODAY)
Council Vice President Aimee Melton opened the Public Hearing on Items 7 through 10.
The following person(s) appeared and spoke:
PROPONENTS:
Kyle Vohl, E & A Consulting Group, 10909 Mill Valley Road
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Rowe that the following items be approved:
Item # 7 ORDINANCE # 43486; Item # 8 ORDINANCE # 43487;
Item # 9 RESOLUTION # 2023-0773; and, Item # 10 RESOLUTION # 2023-0774;
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ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Rowe, Madam Vice President
Nays: None
MOTION APPROVED 5-0
City Clerk Elizabeth Butler stated that Items 11 through 14 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 8, 2023.)
AVANTE
11. 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. (PUBLIC HEARING AND VOTE
TODAY)
12. 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. (PUBLIC HEARING
AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
13. 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. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
14. 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. (PUBLIC HEARING AND VOTE TODAY)
Council Vice President Aimee Melton opened the Public Hearing on Items 11 through 14.
The following person(s) appeared and spoke:
PROPONENTS:
Brent Beller, 11440 West Center Road, Attorney for the applicant
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Rowe that the following items be approved:
Item # 11 ORDINANCE # 43488; Item # 12 ORDINANCE # 43489;
Item # 13 RESOLUTION # 2023-0775; and, Item # 14 RESOLUTION # 2023-0776;
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ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Rowe, Madam Vice President
Nays: None
MOTION APPROVED 5-0
City Clerk Elizabeth Butler stated that Items 15 through 18 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 8, 2023.)
CALAROSA WEST
15. 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. (PUBLIC HEARING AND VOTE
TODAY)
16. 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. (PUBLIC HEARING
AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
17. 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. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
18. 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 West (Lots 524-679 and Outlots M-X) and is located northeast
of 216th and Fort Streets – see attached. (PUBLIC HEARING AND VOTE
TODAY)
Council Vice President Aimee Melton opened the Public Hearing on Items 15 through 18.
The following person(s) appeared and spoke:
PROPONENTS:
Brent Beller, 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 Rowe that the following items be approved:
Item # 15 ORDINANCE # 43490; Item # 16 ORDINANCE # 43491;
Item # 17 RESOLUTION # 2023-0777; and, Item # 18 RESOLUTION # 2023-0778;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Rowe, Madam Vice President
Nays: None
MOTION APPROVED 5-0
TAX INCREMENT FINANCING (TIF) PROJECT PLAN RESOLUTIONS
(Required notices of the public hearings relating to these redevelopment projects were published
in the Daily Record on August 3, 2023 and August 10, 2023.)
19. 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. (PUBLIC HEARING AND VOTE TODAY)
Council Vice President Aimee Melton opened the Public Hearing on Item 19.
The following person(s) appeared and spoke:
PROPONENTS:
Bill Lukash, Brinshore Development, 903 South 184th Avenue Circle, for the applicant
FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
MOTION by Johnson, SECOND by Harding that RESOLUTION # 2023-0789 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Rowe, Madam Vice President
Nays: None
MOTION APPROVED 5-0
20. 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
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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 Vice President Aimee Melton opened the Public Hearing on Item 20.
The following person(s) appeared and spoke:
PROPONENTS:
Brent Beller, 11440 West Center Road, Attorney for the applicant
OPPONENTS:
Larry Storer, 5015 Lafayette Avenue
Andrew Adams, 2301 South 33rd Street
FOR THE CITY:
Don Seten, Planning Department
Matt Kuhse, City Attorney, Law Department
Dave Fanslau, Director, Planning Department
No one else came forward, and the public hearing was closed.
COUNCILMEMBER JOHNSON LEFT THE LEGISLATIVE CHAMBERS AT 2:23 P.M.
COUNCILMEMBER JOHNSON ENTERED THE LEGISLATIVE CHAMBERS AT 2:24 P.M.
MOTION by Begley, SECOND by Harding that RESOLUTION # 2023-0790 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Rowe, Madam Vice President
Nays: None
MOTION APPROVED 5-0
21. 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. (PUBLIC HEARING
AND VOTE TODAY)
Council Vice President Aimee Melton opened the Public Hearing on Item 21.
The following person(s) appeared and spoke:
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PROPONENTS:
Brent Beller, 11440 West Center Road, Attorney for the applicant
Andrew Adams, 2301 South 33rd Street
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 Harding that RESOLUTION # 2023-0791 be approved
ROLL CALL:
Yeas: Begley, Harding, Johnson, Rowe, Madam Vice President
Nays: None
MOTION APPROVED 5-0
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 Vice President Melton announced that the public hearings on Agenda Items 22 through
32 were today. She 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
22. RES. 2023-0835 – Liquor License Manager Application – Walmart, Inc., dba “Walmart
#5631”, 12850 “L” Street, request permission to appoint Michael J. Martins manager to
their present Class “D” Liquor License location – see attached.
23. RES. 2023-0836 – Res. that, as recommended by the Mayor, the contract with Hawkins
Construction Company, for OPW 53269, being the West Papio Interceptor Siphon
Replacement - 36th Street and Raynor Parkway Project, is hereby approved. (The
Finance Department is authorized to pay the cost of $16,241,148.96, from the Sewer
Revenue Improvements Fund 21124, Interceptor Sewers Organization 116914; Sewer
Revenue Bonds will be issued to finance this project.) – see attached.
24. RES. 2023-0837 – Res. that, as recommended by the Mayor, the Professional Services
Agreement with Alfred Benesch & Company to provide professional design phase
engineering services on OPW 54514, being the Elmwood Road & Underwood Avenue
Roundabout Project, is hereby approved. (The Finance Department is authorized to pay
a fee not to exceed $249,798.00, to be paid from the 2018 Transportation Bond Fund
13185, Transportation Bonds Organization 117117.) – see attached.
25. RES. 2023-0838 – Res. that, the Agreement between the Omaha-Council Bluffs
Metropolitan Area Planning Agency and the City of Omaha, setting forth that the City of
Omaha, through its Planning Department, agrees to perform certain transportation
planning activities and the Mayor and City Clerk are hereby authorized to execute and
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attest the Agreement. (In-kind services provided by the Planning Department or funds in
the amount $17,303.00 shall be paid from the Planning Department, Fund 11111 and
Organization 109031.) – see attached.
26. RES. 2023-0839 – Res. that, the Deferred Payment Loan, as recommended by the Mayor,
to provide funding in the amount of $72,500.00 for the rehabilitation and lead removal work
to the property located at 2122 and 2122 1/2 Ohio Street, owned by Black Power
Redevelopers, LLC, is hereby approved. (Funds in the amount of $72,500.00 shall be paid
as follows: FY 2021/2022 HOME Rental Rehabilitation Program funds in the amount of
$72,500.00, Organization No. 128071, Fund No. 12179.) – see attached.
27. RES. 2023-0840 – 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 professional services from
ProQuest LLC in an amount not to exceed $25,614.93 for the subscription renewals of
Newspapers.com – World Edition and Fold3 Library Edition (both genealogy databases)
for a one (1)-year term beginning July 1, 2023 and ending on June 30, 2024. (The Finance
Department is authorized to pay a total of $25,614.93 for the cost of purchases
($17,986.63 from the 2023 General Fund 11111, Organization 117016; and $7,628.30
from the 2023 Trust Fund 12114, Organization 123024).) – see attached.
28. RES. 2023-0841 – Res. that, as recommended by the Mayor, Change Order No. 1 with
United Signs, LLC for additional work on OPW 53611, being the Omaha Public Library
Branded Signage Project, is hereby approved. (The Finance Department is
authorized to pay the additional costs in the total amount of $52,753.00 ($25,000.00 from
the 2023 General Fund 11111, Organization 117013; and $27,753.00 from the 2023 Trust
Fund 12114, Organization 123017).) – see attached.
29. RES. 2023-0842 – Res. that, as recommended by the Mayor, the expenditure for Century
Helicopters, Inc./Paravion Technology, Inc. in the amount of $60,085.50, for the overhaul
of the N402PD aircraft for the Omaha Police Department Air Support Unit, 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 is authorized
to pay $60,085.50 for the overhaul of the N402PD aircraft from the Omaha Police
Department Year 2023, General Fund 11111, Organization 113182 Air Support Unit,
Account 42427 M&R - Helicopter.) – see attached.
30. RES. 2023-0843 – Res. that, as recommended by the Mayor, the expenditures not to
exceed the amount of $50,000.00 for miscellaneous security products, software and labor
for the Omaha Police Department, 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 is authorized to pay up to the amount of $50,000.00
for the remainder of 2023 for the miscellaneous products, software and labor from the
Omaha Police Department Year 2023, General Fund 11111, Organization 113141 Fleet
and Facilities Unit, Account 44116 Security Equipment.) – see attached.
31. RES. 2023-0844 – Res. that, as recommended by the Mayor, the Contract between the
Omaha Human Rights and Relations Department and the U.S. Equal Opportunity
Commission for reimbursement for processing employment discrimination complaints
arising within its jurisdiction for EEOC for the time period of October 1, 2022, to September
30, 2023, resulting in an increase of $22,200.00 in the contract grand total from
$19,610.00 to $41,810.00, is hereby approved – see attached.
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32. RES. 2023-0845 – Res. that, the City Council does hereby approve the Professional
Services Agreement with Ehrhart Griffin & Associates to provide professional engineering
services related to the property located at 10th and Locust Streets and the Mayor of the
City of Omaha is authorized to execute such agreement. (The Finance Department is
authorized to pay a fee not to exceed the sum of $34,822.00 from the Fund 13111
(Advanced Acquisition), Organization 131551 (Advanced Acquisition).) – see attached.
Council Vice President Aimee Melton opened the Public Hearing on Items 22 through 32.
The following person(s) appeared and spoke:
OPPONENTS:
Larry Storer, 5015 Lafayette Avenue – Item # 31
FOR THE CITY:
Cailin Daly Dejillas, Director, Human Rights and Relations Department – Item # 31
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that the following items be approved:
Item # 22 RESOLUTION # 2023-0835; Item # 23 RESOLUTION # 2023-0836;
Item # 24 RESOLUTION # 2023-0837; Item # 25 RESOLUTION # 2023-0838;
Item # 26 RESOLUTION # 2023-0839; Item # 27 RESOLUTION # 2023-0840;
Item # 28 RESOLUTION # 2023-0841; Item # 29 RESOLUTION # 2023-0842;
Item # 30 RESOLUTION # 2023-0843; Item # 31 RESOLUTION # 2023-0844;and,
Item # 32 RESOLUTION # 2023-0845;
ROLL CALL VOTE:
Yeas: Begley, Harding, Johnson, Rowe, Madam Vice President
Nays: None
MOTION APPROVED 5-0
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ORDINANCES ON SECOND READING
33. 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. (PUBLIC HEARING TODAY)
Council Vice President Aimee Melton opened the Public Hearing on Item 33.
No one came forward, and the public hearing was closed.
34. 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
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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. (PUBLIC HEARING TODAY)
A. Communication in support – see attached.
Council Vice President Aimee Melton opened the Public Hearing on Item 34.
The following person(s) appeared and spoke:
PROPONENTS:
Karina El-Refai, 4903 Underwood Avenue
Erin Feichtinger, Women’s Fund of Omaha, 1111 North 13th Street
Jason Feldhaus, Executive Director, MACCH, 6101 Dodge Street
Alicia Christensen, Together Inc., 812 South 24th Street
FOR THE CITY:
Greg Paskach, Planning Department
No one else came forward, and the public hearing was closed.
35. 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. (PUBLIC HEARING TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council Vice President Aimee Melton opened the Public Hearing on Item 35.
No one came forward, and the public hearing was closed.
36. 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. (PUBLIC HEARING TODAY)
Council Vice President Aimee Melton opened the Public Hearing on Item 36.
The following person(s) appeared and spoke:
PROPONENTS:
Bill Lukash, Brinshore Development, 903 South 184th Avenue Circle, for the applicant
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FOR THE CITY:
Don Seten, Planning Department
No one else came forward, and the public hearing was closed.
37. 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. (PUBLIC HEARING TODAY)
A. Personnel Board recommends approval.
Council Vice President Aimee Melton opened the Public Hearing on Item 37.
The following person(s) appeared and spoke:
FOR THE CITY:
Deb Sander, Director, Human Resources Department
Chelsea Shipp, Human Resources Department
No one else came forward, and the public hearing was closed.
38. 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. (PUBLIC
HEARING TODAY)
A. Personnel Board recommends approval.
Council Vice President Aimee Melton opened the Public Hearing on Item 38.
The following person(s) appeared and spoke:
FOR THE CITY:
Chelsea Shipp, Human Resources Department
Deb Sander, Director, Human Resources Department
No one else came forward, and the public hearing was closed.
_______________________________________
NON-ACTION ITEMS
(Items 39 through 61 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)
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THE OAKS REPLAT THREE
39. 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
40. 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
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
41. 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
42. 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
43. 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
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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 SECOND READING WITH PLANNING BOARD
ATTACHMENTS
44. 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.
45. 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.
A. Planning Board and Planning Department recommend approval – see attached.
46. 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.
47. 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.
48. 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.
49. 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.
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50. 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.
51. 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.
52. 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.
53. 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.
ORDINANCES
54. 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.
55. 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.
ORDINANCES ON FIRST READING
56. ORD. 43511 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and Omaha Economic
Development Corporation, to implement The Larimore Tax Increment Financing (TIF)
Redevelopment Project Plan for a redevelopment project site located at 3483 Larimore
Avenue, which proposes the rehabilitation and reuse of the long vacant structure as an
affordable housing senior living apartment project; the agreement authorizes the use of
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up to $213,518.00, 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 22, 2023; Second Reading and Public Hearing August 29, 2023; Third Reading
September 12, 2023) – see attached.
57. ORD. 43512 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and 1701 LLC, to implement
the Bluestem Prairie 2nd Addition Phase I and II Tax Increment Financing (TIF)
Redevelopment Project Plan for a redevelopment project site located north of Forest Lawn
Avenue and Newport Avenue, which proposes the construction of 112 new single family
homes to be built in two phases; the agreement authorizes the use of up to $7,008,455.00,
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 22, 2023;
Second Reading and Public Hearing August 29, 2023; Third Reading September 12,
2023) – see attached.
58. ORD. 43513 – An ordinance approving a redevelopment and Tax Increment Financing
(TIF) Redevelopment Agreement between the City of Omaha and Forever North Real
Estate, LLC, to implement the Forever North Tax Increment Financing (TIF)
Redevelopment Project Plan for a 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; the agreement authorizes the use of up to
$9,463,221.00, 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 22, 2023; Second Reading and Public Hearing August 29, 2023; Third Reading
September 12, 2023) – see attached.
59. ORD. 43507 – An ordinance to approve an Interlocal Agreement between the City of
Omaha and the City of Milford to allow EHPV Lottery Services, LLC (“EHPV”) to establish
and operate Big Red keno satellite locations within the City of Milford under the City of
Omaha’s EHPV Lottery Operator’s Agreement – (First Reading August 22, 2023;
Second Reading and Public Hearing August 29, 2023; Third Reading September 12,
2023) – see attached.
60. ORD. 43514 – An ordinance to approve the Restated Memorandum of Agreement
between the Professional Firefighters Association of Omaha, Local 385 and the City of
Omaha concerning Health Care Trust Establishment for a term of January 1, 2024 through
December 31, 2027; to approve the Trust Agreement Governing the Omaha Firefighter’s
Healthcare Trust, Amended and Restated as of January 1, 2024; to provide that any
ordinances of the City of Omaha, and any rules and regulations promulgated thereunder,
which are in conflict with the provisions of the Restated Memorandum of Agreement and
Trust Agreement shall not be applicable to those employees in the bargaining unit
described in Article 1, Section 1, of said Collective Bargaining Agreement between the
City of Omaha and the Professional Firefighters Association of Omaha, Local 385 – (First
Reading August 22, 2023; Second Reading and Public Hearing August 29, 2023; Third
Reading September 12, 2023) – see attached.
61. ORD. 43515 – An ordinance to approve an Amendment to Special Pay 401(a) Plan and
Health Reimbursement Arrangement (“HRA”) for covered employees that is available to
employees covered by the Collective Bargaining Agreement with the Omaha Professional
Firefighters, Local 385 to replace the existing matrix with a revised matrix; to provide
authorization for the Mayor to execute and the City Clerk to attest her signature; to provide
that any ordinances of the City of Omaha, and any rules and regulations promulgated
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thereunder, which are in conflict with the provisions of the Collective Bargaining
Agreement shall not be applicable to those employees in the Bargaining Unit described in
Article 1, Section 1, of said Collective Bargaining Agreement – (First Reading August
22, 2023; Second Reading and Public Hearing August 29, 2023; Third Reading
September 12, 2023) – see attached.
EXECUTIVE SESSION
62. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT:
MOTION by Harding, SECOND by Melton that the meeting be adjourned
ROLL CALL:
Yeas: Begley, Harding, Johnson, Rowe, Madam Vice President
Nays: None
MOTION APPROVED 5-0
MEETING ADJOURNED AT: 3:33 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 22, 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 22, 2023
JESSE LOWE CONFERENCE ROOM @ 10:30 A.M.
Omaha/Douglas Civic Center
1819 Farnam Street, Omaha, NE 68183
www.cityofomaha.org
THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, August 22, 2023
at 10:30 A.M, in the Jesse Lowe Conference Room, Third Floor, Omaha/Douglas Civic Center,
Omaha, Nebraska and was called to Order by Council Vice President Aimee Melton.
Present were Councilmembers Begley, Harding, Johnson, Rowe, Madam Vice President (Melton);
Absent the entire meeting was Council President Festersen.
Others present were Jim Dowding, Elizabeth Butler, Kimberly Hoesing, Bob Stubbe, Dave Fanslau,
Steve Curtiss, Matt Kuhse, Matt Kalcevich, Deb Sander, Liz Birkel-Leddy, Steve Scarpello, Ed
Reyes, Bernard in den Bosch, Jennifer Taylor, Eric Englund, Bridget Hadley, Don Seten, Kellie
Johnston Dorsey, Ryan Wiesen, Bree Robbins, Greg Paskach, Nicole Engels, Cailin Daly Dejillas,
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 18, 2023, notice of the Pre-Council and Regular City Council Meetings,
August 22, 2023.
2. A current copy of the Open Meeting Act is posted in a white binder on the north wall of the
Roskens Room/west wall of Conference Room 702/north wall of Jesse Lowe.
DISCUSSION TOPICS
3. Discussion of Agenda Items 6, 19, 20 and 21.
EXECUTIVE SESSION
4. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT
MEETING ADJOURNED AT: 10:33 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 22, 2023.
WITNESS: CITY CLERK:
s/Sherri Brown s/Elizabeth Butler
_________________________________ ___________________________________
Sherri Brown, Executive Secretary Elizabeth Butler