City of Omaha Public Notices
City of Omaha Public Notices 
CITY PUBLIC NOTICES 10/3/18  10/03/18 9:24:44 AM

NOTICE TO PUBLIC”
The regular monthly meeting of the Board of Trustees of the Omaha Public Library will be held on Wednesday, October 17, 2018 at 5:00 P.M. at the Florence Branch Library, located at 2920 Bondesson Street.  Proposed agenda kept continually current is available in the Administrative Office at the W. Dale Clark Library.  The Board reserves the right to modify the agenda at said public meeting when convened.  Requests for sign language interpreters or other alternative formats will require a minimum of 48 hours advance notice.  Please contact the Administrative Office at (402) 444-4834 if arrangements need to be made.
Laura Marlane
Library Director
 
10-3-18
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CITIES WITH HEADER

 

 

 

CITY OF OMAHA

PUBLIC HEARING NOTICES

 

Notice is hereby given that the City Council of the City of Omaha met on September 25, 2018 and passed and approved the ordinances entitled:

 

ORDINANCE NO. 41578

AN ORDINANCE to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 6727 North 87th Circle; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-681 through 55-688 and 55-886 of the Omaha Municipal Code, the official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended so that: Lot 2, Swain Industrial Park, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned to be included in and incorporated into the MCC-Major Commercial Corridor Overlay District; provided, that the base zoning district for such property shall not be changed by this ordinance. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 11, 2018; Second Reading September 18, 2018; Third Reading, Public Hearing and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

ORDINANCE NO. 41579

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located northwest of 90th Street and Mockingbird Drive from R1 Single-Family Residential District (Large Lot) and R3 Single-Family Residential District (Medium-Density) to R3 Single-Family Residential District (Medium-Density). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 1, Harral Subdivision, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from RI Single-Family Residential District (Large Lot) and R3 Single-Family Residential District (Medium-Density) to R3 Single-Family Residential District (Medium-Density). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 11, 2018; Second Reading September 18, 2018; Third Reading, Public Hearing and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

 

 

ORDINANCE NO. 41580

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located north of 134th Circle and Bedford Avenue from DR-Development Reserve District and R3-Single Family Residential District (medium density) to DR-Development Reserve District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 3, Eagle Run West Replat 6, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from DR-Development Reserve District and R3-Single Family Residential District (medium density) to DR-Development Reserve District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 11, 2018; Second Reading September 18, 2018; Third Reading, Public Hearing and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

 

ORDINANCE NO. 41581

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located north of 134th Circle and Bedford Avenue from DR-Development Reserve District and R3-Single Family Residential District (medium density) to R3-Single Family Residential District (medium density). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 1 and 2, Eagle Run West Replat 6, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from DR-Development Reserve District and R3-Single Family Residential District (medium density) to R3-Single Family Residential District (medium density). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 11, 2018; Second Reading September 18, 2018; Third Reading, Public Hearing and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

ORDINANCE NO. 41589

AN ORDINANCE to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 333 South 132nd Street; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-681 through 55-688 and 55-886 of the Omaha Municipal Code, the official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended so that: The south 50 feet of Lot 13, the south 65 feet of Lots 17 through 21 and the south 50 feet of the west 50 feet of Lot 22, Heavenly Acres excluding the east 179.8 feet of the west 940 feet of the north 940 feet of the north 193.90 feet of the south 688 feet of the west 3/4 of the northwest 1/4 of Section 19, Township 15 North, Range 12 East in Douglas County, Nebraska, is hereby rezoned to be included in and incorporated into the MCC-Major Commercial Corridor Overlay District; provided, that the base zoning district for such property shall not be changed by this ordinance. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 11, 2018; Second Reading September 18, 2018; Third Reading, Public Hearing and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

ORDINANCE NO. 41590

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located at 6143 Whitmore Street from R2-Single-Family Residential District (Low Density) and R3-Single-Family Residential District (Medium Density) to R3-Single-Family Residential District (Medium Density). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 15-25, County Club Manor, an addition to the City of Omaha; The north 596.98 feet of the south 656.27 feet of the east 330 feet of the northwest 1/4 of the northeast 1/4 and the west 200 feet of the east 233 feet of the north 900 feet of the northeast 1/4 of the northeast 1/4 of Section 36, Township 16 north, Range 12 east in Douglas County, Nebraska are hereby rezoned from R2- Single-Family Residential District (Low Density) and R3-Single-Family Residential District (Medium Density) to R3-Single-Family Residential District (Medium Density). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 11, 2018; Second Reading September 18, 2018; Third Reading, Public Hearing and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

ORDINANCE NO. 41591

AN ORDINANCE to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 6143 Whitmore Street; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-681 through 55-688 and 55-886 of the Omaha Municipal Code, the official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended so that: Lots 15-25, County Club Manor, an addition to the City of Omaha; The north 596.98 feet of the south 656.27 feet of the east 330 feet of the northwest 1/4 of the northeast 1/4 and the west 200 feet of the east 233 feet of the north 900 feet of the northeast 1/4 of the northeast 1/4 of Section 36, Township 16 north, Range 12 east in Douglas County, Nebraska, is hereby rezoned to be included in and incorporated into the MCC-Major Commercial Corridor Overlay District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 11, 2018; Second Reading September 18, 2018; Third Reading, Public Hearing and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

_____

 

ORDINANCE NO. 41594

AN ORDINANCE to approve a Major Amendment to a Mixed Use District Development Agreement for West Point, to allow multi-family residential, located at 15450 and 15454 Ruggles Street, between the City of Omaha and KVT No. 2 Limited Partnership, a Nebraska limited partnership, providing site development standards; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City of Omaha, in the interest of maintaining public health, safety, and welfare, desires to assure the property located at I 5450 and 15454 Ruggles Street is developed in accordance with the provisions of the Major Amendment to a Mixed Use Development Agreement attached hereto and made a part hereof by reference. Section 2. That if this Ordinance, or portion thereof, is found to be invalid, any zoning ordinance applicable to such site shall not be invalidated for such reason. Section 3. That this Major Amendment to a Mixed Use Development Agreement is hereby approved. Section 4. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 11, 2018; Second Reading September 18, 2018; Third Reading, Public Hearing and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

ORDINANCE NO. 41584

AN ORDINANCE approving a redevelopment and tax increment financing loan agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and 1919 Douglas Street, LLC, a Nebraska limited liability company, to implement The Bank Phase 2 Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment site located at 1919 Douglas Street, which proposes to expand and renovate the existing downtown building occupied by Wells Fargo Bank; Wells Fargo will maintain a branch bank operation of about 5,000 square feet in the building and an additional story will be constructed on top of the building; the project will contain approximately 213 one and two-bedroom market rate apartment units; there will be 122 parking stalls inside the building, and an additional 150 stalls in the surface lot across the street at the northwest corner of 20th and Farnam; the agreement authorizes the use of up to $5,000,000.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project and providing for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA; Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Redevelopment Agreement between the City of Omaha and 1919 Douglas Street, LLC, a Nebraska limited liability company, to authorize the use of up to $5,000,000.00, plus accrued interest, used to offset TIF eligible expenses for acquisition, building rehabilitation, alley improvements, architecture and engineering fees, and other public improvements as required, for a project with total estimated costs of $33,635,000.00, in addition to any other documents necessary or appropriate to implement the Redevelopment Agreement or to consummate the loan. Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the Nebraska Community Development Law and Sections 18-2147 through 18-2150, and, are not otherwise obligations of the City of Omaha. Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

 

First Reading September 11, 2018; Second Reading and Public Hearing September 18, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

ORDINANCE NO. 41585

AN ORDINANCE approving a redevelopment and tax increment financing loan agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and BH & JH Leavenworth, LLC, a Nebraska limited liability company, to implement the Charlie Graham Tax Increment Financing (TIF) Redevelopment Project Plan which is for a redevelopment site located at 4103 Leavenworth Street and proposes the new construction of an approximately 17,000 square foot, one-story structure with 38 onsite parking stalls for the relocation of the Charlie Graham Service Center and Auto Body business; the agreement authorizes the use of up to $562,944.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA; Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Redevelopment Agreement between the City of Omaha and BH & JH Leavenworth, LLC, a Nebraska limited liability company, to authorize the use of up to $562,944.00, plus accrued interest, to offset TIF eligible expenses for acquisition, architecture and engineering fees, environmental assessment studies, and public improvements as required, for a project with total estimated costs of $3,486,477.00, in addition to any other documents necessary or appropriate to implement the Redevelopment Agreement or to consummate the loan. Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the Nebraska Community Development Law and Sections 18-2147 through 18-2150, and, are not otherwise obligations of the City of Omaha. Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

 

First Reading September 11, 2018; Second Reading and Public Hearing September 18, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

 Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

 

ORDINANCE NO. 41582

AN ORDINANCE to amend Omaha Municipal Code Sec. 26-24, to allow "gap and extend" improvements of portions of streets or alleys not previously improved to meet or exceed the City's minimum standards; to repeal Sec. 26-24 as heretofore existing; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Sec. 26-24 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 26-24. Improvements without creation of district or petition. In accordance with laws of the State of Nebraska and, in particular, pursuant to R.R.S. 1943, §§ 18-2001-18-2004, as amended, and notwithstanding any other provisions in this chapter: (a) Without petition or creating a street improvement district, upon recommendation of the public works director, the council by resolution may order the grading, curbing, guttering and paving of any portion of a street otherwise paved so as to make one continuous paved street, but the portion to be so improved shall not exceed two blocks, including intersections, or 1,325 feet, whichever is the lesser, and, upon the recommendation of the public works director, the city council, by resolution, may also order the grading, curbing, guttering and paving of any unpaved street or alley which intersects a paved street for a distance of not to exceed one block on either side of such paved street. (b) Without petition or creating a street improvement district, upon recommendation of the public works director, the city council, by resolution, may order the grading, curbing, guttering and paving of any side street or alley within its corporate limits connecting with a major traffic street for a distance not to exceed one block from such major street. (c) The improvements authorized by this section may be performed upon any portion of a street or any unpaved street or alley not previously improved to meet or exceed the minimum standards for paved streets in the city. (d) Special assessments applicable to any of the foregoing shall be levied, equalized and collected as applicable to lots and parcels of real estate adjacent to or abutting upon the portion of the street or alley thus improved, or which may be specially benefited by such improvements, notwithstanding that the same may be unplatted and not subdivided, in the usual manner for assessing special benefits. Section 2. That Sec. 26-24 of the Omaha Municipal Code as heretofore existing is hereby repealed. Section 3. That this Ordinance shall be in full force and take effect 15 days from and after the date of its passage.

 

First Reading September 11, 2018; Second Reading and Public Hearing September 18, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

 

 

ORDINANCE NO. 41583

AN ORDINANCE to designate the Kay Apartment House located at 118 North 31st Street as a landmark pursuant to the Landmark Heritage Preservation Ordinance of the City of Omaha. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the Kay Apartment House located at 118 North 31st Street, which is on the following described land, to wit: Lot 7 and 8, Block 4, West End, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, together with adjacent vacated alley, is hereby deemed historically significant and worthy of recognition for the reasons cited in Landmark Heritage Preservation Resolution attached hereto as Exhibit "A" and made a part hereof by reference. Section 2. That the "Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Buildings", as may be from time to time amended, are hereby adopted as the design standards to be applied in the enforcement of this ordinance and Chapter 24, Article II, of the Omaha Municipal Code. Section 3. That the Kay Apartment House is hereby designated as a landmark pursuant to Section 24-61 of the Omaha Municipal Code and hereby subject to all of the provisions of this Ordinance and Chapter 24, Article II, of the Omaha Municipal Code. Section 4. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

 

First Reading September 11, 2018; Second Reading and Public Hearing September 18, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

ORDINANCE NO. 41586

AN ORDINANCE to amend section 10-200.2 of the Omaha Municipal Code; to change the words "certification" or "certified" to "authorization" or "authorized"; to repeal Omaha Municipal Code Section 10-200.2 as heretofore existing; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Omaha Municipal Code section 10-200.2 is hereby amended to read as follows: Section 10-200.2. – Certification Authorization. (a) Businesses desiring to be certified authorized as a small or an emerging small business must complete requisite form(s) as provided by the human rights and relations department. (b) The human rights and relations department is authorized to conduct the necessary investigation of the business to determine its qualifications for the program. Such investigation shall focus on the nature of the work performed and the company's capacity to perform that work in consultation with the public works department. Determination of capacity may include, but is not limited to verifying the number of employees; the gross receipts of the firm from the past three years; the net worth of the individual owners; and the owners' interest in any other business; and confirmation by a bonding company as a prime contractor or financial institution of the business's financial capacity. This verification may include, but is not limited to reviewing business records and files; personal and corporate tax returns; certificates of insurance and articles of incorporation. (c) Once a business has been certified authorized as a small business or an emerging small business, the certification authorization shall remain in place for three years, as long as the business' certification authorization status does not change. The business must complete an annual affidavit of certification authorization that states its current certification authorization status (whether variables have changed or not). A business may apply to be recertified reauthorized as a small business or an emerging small business if the business maintains its qualifications for certification authorization, subject to the limits set forth below on participation in the Small and Emerging Small Business Program: (1) An emerging small business shall only be permitted to recertify reauthorize as an emerging small business twice at the end of its first three-year period for a maximum of nine years as an emerging small business. Upon the expiration of a business' certification authorization as an emerging small business the business may apply for certification authorization as a small business. If the business has thereafter been certified authorized as a small business the certification authorization shall remain in place for three years, and the business may recertify reauthorize once at the end of its first three-year period for a maximum of six years as a small business. No business that was initially certified authorized as an emerging small business shall participate in the Small and Emerging Small Business Program under either certification authorization for a period greater than 15 years. (2) A business that has never been designated as an emerging small business shall only be permitted to recertify reauthorize twice at the end of its first three-year period for a maximum of nine years in the Small and Emerging Small Business Program. (d) The public works department shall maintain a list of all businesses that have been certified authorized and the nature of the business along with its capacity to perform the work. After three years, the business must be recertified reauthorized by the human rights and relations department by completing the process described in this section again. (e) When the business no longer meets the criteria, as provided in the foregoing definition and certification authorization sections, said business shall be decertified unauthorized and shall no longer participate in the program; provided that, if a business is certified authorized to participate in the Program at the time Ordinance No. 41215 is passed, but no longer meets the certification authorization criteria by virtue of the amendments made to the definition and certification authorization sections by Ordinance No. 41215, then said business shall be permitted to continue participation in the program through the expiration of the business' current three-year certification authorization. Nothing contained within this section shall prohibit the human rights and relations department from decertifying unauthorizing any small business or emerging small business that violates any rule, policy, procedure, or any noncompliance of said rule, policy, or procedure within the Small and Emerging Small Business Program. Section 3. That Omaha Municipal Code section 10-200.2 as heretofore existing is hereby repealed. Section 4. This Ordinance shall be in full force and take effect fifteen days from and after the date of its passage.

 

First Reading September 11, 2018; Second Reading and Public Hearing September 18, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

ORDINANCE NO. 41588

AN ORDINANCE to approve the acceptance of the City of Omaha and Douglas County joint application to the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA), FY 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, Application #2018-H3323-NE-DJ, in the amount of three hundred seventy six thousand seven hundred ten dollars ($376,710) for law enforcement programs, prevention and education programs, prosecution and court programs, mental health programs, and planning, evaluation and technology improvement programs during the period of October 1, 2017 to September 30, 2021; to provide the Council an opportunity for review and public comment for such application; and upon award of such grant to authorize payment from such grant funding and involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, to provide for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, the City of Omaha and Douglas County filed a joint application for the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2018 Edward Byrne Memorial Justice Assistance Grant Program, Application #2018-H3323- NE-DJ in the amount of three hundred seventy-six thousand seven hundred ten dollars ($376,710) for law enforcement programs, prevention and education programs, prosecution and court programs, mental health programs, and planning, evaluation and technology improvement programs during the period of October 1, 2017 to September 30, 2021. Section 2. That the City of Omaha will retain $9,000 to provide fiscal administration of the grant and the remaining balance of $367,710 will be divided between the Omaha Police Department ($183,855) and Douglas County ($183,855). Section 3. That the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2018 Edward Byrne Memorial Justice Assistance Grant Program requires the grant application to be available for review by the governing body of the unit of local government and requires an opportunity for public comment. Section 4. That, there is no match required with this grant. Section 5. That, in conformity with Section 5.17 of the Home Rule Charter, expenditures as outlined in the attached budget, from such grant funds and involving appropriations of more than one year, are hereby authorized and the Finance Director is authorized to make payment in accordance therewith. Section 6. That this ordinance being administrative, and not legislative, in character shall be in full force and take effect immediately upon passage.

 

First Reading September 11, 2018; Second Reading and Public Hearing September 18, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

ORDINANCE NO. 41592

AN ORDINANCE providing for the designation of an enhanced employment area; the levy of a general business occupation tax; providing for the administration, imposition and collection of such occupation tax; specifying the use of such occupation tax revenue; and related matters. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA, NEBRASKA: Section 1. Findings and Determinations. Pursuant to the Nebraska Community Development Law, Nebraska Revised Statutes Sections 18-2101 et. Seq., as amended (the "Act"), Chapter 19, Article XVII of the Omaha Municipal Code ("General Enhanced Employment Tax") provides for the establishment of an enhanced employment area for the purpose of paying all or any part of the total costs and expenses of the authorized work within an enhanced employment area. The City is authorized to levy and collect a general business occupation tax upon businesses and users of space within an enhanced employment area for the purpose of paying all or any part of the total costs and expenses of a redevelopment project, as allowed by the Act, within an enhanced employment area. The City Council approved and adopted the Landmark Building Tax Increment Financing Redevelopment Project Plan on April 17, 2018 for the redevelopment of a portion of the Landmark Building, a 15-story Class "A" office building, into a 128 room hotel with a two-story restaurant and rooftop bar ("Redevelopment Project"). The Redevelopment Project Plan was amended to provide for the designation of an enhanced employment area, as allowed by the Act and the General Enhanced Employment Tax. The City Council approved the amendment to the Landmark Building Tax Increment Financing Redevelopment Project Plan on September 18, 2018 (the "Redevelopment Plan"). Pursuant to the authority granted by Neb. Rev. Stat. §18-2142.02, as amended, and Chapter 19, Article XVII of the Omaha Municipal Code, and at the request of the property owner, the City Council determines that it is necessary, desirable, advisable and in the best interests of the City that a general business occupation tax be imposed within the enhanced employment area, as designated herein, for the purpose set forth in Chapter 19-901 (b) of the Omaha Municipal Code. The City Council further determines that based on written undertakings provided by the property owner and the developer, the new investment in the enhanced employment area satisfies the employment requirements of the Act. Section 2. Designation of Enhanced Employment Area. The City hereby designates the area described on Exhibit "A", attached hereto and incorporated herein, as an "enhanced employment area" as defined under section 18-2103(11) of the Act (the "Enhanced Employment Area"). The Enhanced Employment Area is within a "substandard and blighted" area pursuant to section 18-2109 of the Act, and included within and considered a part of a "community redevelopment area" for the City and the Redevelopment Project meets the employment requirements under the Act. Section 3. Occupation Tax Imposed: Collection of Occupation Tax. Commencing January 1, 2020, and in each calendar month thereafter until December 31, 2044, there shall be imposed a general business occupation tax upon each and every person operating a business within the Enhanced Employment Area (the "Occupation Tax"). The amount of such Occupation Tax shall be based on the following business uses taking place within the Enhanced Employment Area: 1. 3.00% (three percent) of the gross room revenues of all hotel businesses located in the Enhanced Employment Area; 2. 5.00% (five percent) of gross retail sales of all retail or hotel businesses located in the Enhanced Employment Area; 3. 7.50% (seven and one-half of one percent) of gross parking revenues from parking garage businesses located in the Enhanced Employment Area; 4. $0.25 (twenty-five cents) per square foot (gross) of commercial office space area not occupied by retail, restaurant, or hotel businesses, provided that such tax shall not effect commercial tenants under leases that pre-date this Ordinance unless and until such leases are extended or renewed; 5. Food and beverage sales of restaurant or hotel businesses: none; and 6. Garage retail: none. Such Occupation Tax shall be imposed on the gross receipts resulting from the sale, lease, or rental of any products, rooms, units, or services within the Enhanced Employment Area, as indicated for the business uses listed above, except that such tax shall not be imposed on any transaction which is subject to tax under sections 53-160, 66-489, 66-489.02, 66-4, 140, 66-4, 145, 66-4, 146, 77-2602 or 77-4008, or which is exempt from tax under section 77-2704.24 of the Nebraska Revised Statutes, as amended. The amount of the Occupation Tax shall at all times be subject to such applicable rules and regulations imposed by the State of Nebraska Department of Revenue, regarding the use and imposition of the general business occupation tax authorized by section 18-2142.02 of the Act. The person engaged in operating a business subject to the Occupation Tax may include the tax on or for the selling price, services rendered, charges incurred, rates, or other consideration received on a bill, statement, receipt, or other similar invoice to the purchaser, but each person engaged in a business shall remain liable for the Occupation Tax imposed by this Ordinance. Section 4. Tax Cumulative. The levy of the Occupation Tax under this Ordinance is in addition to all other fees, taxes, excises and licenses levied and imposed under any contract or any other ordinances of the City, in addition to any fee, tax, excise or license imposed by the State of Nebraska or federal government. Payment of the Occupation Tax imposed by this Ordinance shall not relieve the person paying the same from payment of any other tax now or hereafter imposed by contract or ordinance, including those imposed on any business or occupation carried on, unless otherwise specified therein. The Occupation Tax imposed by this Ordinance shall be cumulative, except where otherwise specifically provided. Section 5. Use of Revenue. The Occupation Tax imposed by this Ordinance, less any administrative expenses, shall be used to fund any expenditure that is lawfully authorized to be made under the Act and this Ordinance in connection with the development or the Project, located within the Enhanced Employment Area. Section 6. Sunset Provision. The Occupation Tax shall automatically expire upon the earlier of December 31, 2044, or full payment of the "Occupation Tax Promissory Note", as defined in the Occupation Tax Agreement. Section 7. Effective Date. This Ordinance shall be in full force and take effect 15 (fifteen) days from and after the date of its passage.

 

First Reading September 11, 2018; Second Reading and Public Hearing September 18, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 6-1

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

 

ORDINANCE NO. 41593

AN ORDINANCE approving a redevelopment and Tax Increment Financing (TIF) Redevelopment and Occupation Tax Agreement between the City of Omaha and Avaden Landmark, LLC, a Nebraska Limited Liability Company to implement the Landmark Building Tax Increment Financing (TIF) Redevelopment Project Plan, for a project site located northeast of 13th and Harney Streets, which proposes the conversion of four office floors of the Landmark Building, a 15-story, Class “A” Office building, into an upper, upscale hotel with 128 rooms, construction of a two-story restaurant with rooftop seating, and use of the attached garage to serve the patrons on the hotel; the agreement authorizes the use of up to $9,824,122.00, plus accrued interest; in excess ad valorem taxes (TIF) and $8,700,000 in occupation tax funds generated by the development to help fund the cost of the project, and providing for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Redevelopment and Occupation Tax Agreement between the City of Omaha and Avaden Landmark, LLC, a Nebraska Limited Liability Company, to authorize the use of up to $9,824,122.00, plus accrued interest, in TIF to offset eligible expenses, as allowed by the Community Redevelopment Law, such as rehabilitation costs related to converting office spaces to hotel rooms, converting the 1st and 2nd floors of the building to hotel uses and public improvements as required, with the applicant contributing $100,000.00 of the TIF loan proceeds to the Downtown Public Improvement Fund and nearly $194,726.00 of the TIF loan proceeds for various other public improvements as identified by the City, surrounding the project; including any other documents in connection with the Redevelopment Agreement necessary or appropriate to consummate the loan. Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the Nebraska Community Development Law and Sections 18-2147 through 18-2150; and, are not otherwise obligations of the City of Omaha. Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

 

First Reading September 11, 2018; Second Reading and Public Hearing September 18, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

 

ORDINANCE NO. 41587

AN ORDINANCE to amend sections 30-263, 30-264 and 30-265 of the Omaha Municipal Code; to remove the City Clerk from the City Fireworks Committee, reducing the number of members to four; to reduce the number of fireworks sales permits issued from 50 to 40; to add a requirement for the permit holder to post a city-approved sign displaying the fireworks discharge period and the penalties for conviction of a violation of Sec. 20-320; to repeal Omaha Municipal Code Sections 30-263, 30-264 and 30-265 as heretofore existing; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Omaha Municipal Code section 30-263 is hereby amended to read as follows: Section 30-263. - Application procedure.  (a) Application for a fireworks sales permit shall be made in the following manner: (1) Application shall be made on such form as shall be prescribed by the city clerk and shall be filed with the city clerk only from January 2 through January 31 of the year for which the permit is sought. (2) Only nonprofit organizations and associations who meet a criterion for federal income tax exemption whether or not such an exemption has been sought or received, and which will use the net proceeds from the sale of fireworks for community betterment purposes within the city shall be eligible for a permit. Proof of nonprofit status that is acceptable to the city may be required before a permit is issued. (3) The application shall include all of the following: a. A site and floor plan, drawn to scale in a manner acceptable to the planning department, showing location of the stand or tent, setback from rights-of-way, distance to nearest building or structure, placement of fire extinguishers, all entrances and exits, dock storage areas, pedestrian traffic flow, parking areas and vehicular traffic flow, and nature of occupants of nearest buildings. b. A sign plan showing the location and size of all planned signage. A temporary sign permit shall be obtained separately, if required. c. Detailed information on the tent or stand to be erected on the site. d. Detailed information regarding the plan for storage of all fireworks during both open and closed hours. e. If the applicant has held a permit in any of the three preceding years, it must file with its application a copy of that portion of the sales and use tax return filed with the Nebraska Tax Commissioner showing the reported income from the sale of its fireworks within the city for each of such years, a written statement of the net proceeds from such sales, and a statement of its community betterment expenditures made from the net proceeds from the sale of fireworks in each said year. To the extent permitted by law, the information in the tax return and statement of net proceeds shall be considered confidential proprietary or commercial information exempt from public disclosure and no employee, official, or agent of the city may make the information known to any person beyond the members of the fireworks committee. f. The applicant shall state the nature of the community betterment purpose for which the net proceeds from the current year's sale of fireworks will be utilized if the permit be granted. g. A signed statement from the owner of the property upon which the sales will be conducted, or from the owner's authorized property management company or agent, granting the applicant permission to so utilize the property. h. An application fee of $150.00 shall be paid to the city clerk with the application. None of the application fee will be refunded. (b) After the application filing period, the city clerk shall review the applications and submit them to the city council fireworks committee. The planning and fire departments shall review the applications and may forward general recommendations on the applications to the city clerk and to the city council fireworks committee regarding issues relevant to the applications. Applications will be evaluated based on these recommendations and the applicant's plan for, or history of, community betterment acquisitions, services, or programs which will benefit the city as a whole. If all other application requirements are equally met, special consideration will be given to applicants agreeing to co-locate and operate a fireworks stand. (c) Applications shall be automatically disqualified if they are received after the application deadline of January 31 or if the applicant is a prior-year permit holder that has displayed and/or sold or attempted to sell illegal fireworks or has otherwise violated the law regarding the operation of their fireworks stand. (d) After the application filing period and after the city clerk's submittal of recommendations, the city council fireworks committee shall review all applications, and after a public hearing shall by motion either approve, approve with conditions, or deny each such application. The city council fireworks committee shall be comprised of the following fivefour persons: the three city councilmembers currently on the city council law department committee, the city clerk, and a designated representative of the mayor's office. (e) Prior to issuance of the permit, the applicant shall supply to the city clerk a copy of a certificate of insurance issued by an insurance company in good standing, authorized to do business in Nebraska, providing the applicant with combined liability coverage for bodily injury and property damage in a minimum amount of $300,000.00 per occurrence and $1,000,000,000.00 in aggregate coverage and naming the city of Omaha as an additional insured. The applicant shall also pay all occupation taxes as required by chapter 19 of this Code. (f) The permit may be issued by the planning department only after an inspection of the fireworks stand or place of sale by the fire department and planning department inspectors to determine if such stand or place of sale conforms to all city laws, building codes, electrical codes, fire safety codes and land use regulations. The applicant shall request the city to make such inspection not later than ten days prior to the opening day of the particular period of the fireworks season, and such inspection shall be made by the city within a reasonable time after the request. (g) Permits will be valid only for the period specified in this article for the particular fireworks sales season and will automatically terminate on the specified ending date. A permit shall allow sales only at one location in the city. Permit holders shall not have any property right to or expectation of receiving a permit or operating a fireworks stand in the city in any future year or period. (h) The city council fireworks committee may, after public hearing, revoke a permit if it determines that the permit holder has violated this Code or any of the terms or conditions of the permit. Such revocation shall be effective immediately. Section 2. That Omaha Municipal Code Section 30-261 is hereby amended to read as follows: Sec. 30-264. - Number of permits limited. Permits for the sale of fireworks shall be limited to up to 5040 in number for a fireworks season, this number being the maximum number of permits that may normally be safely regulated by the city. Section 3. That Omaha Municipal Code Section 30-265 is hereby amended to read as follows: Sec. 30-265 - Sales regulations. Persons holding a permit to sell fireworks shall comply with the following regulations: (a) Permit holders may sell only consumer fireworks, except that the possession, use, discharge, retail sale, offer for retail sale, or explosion of flying lanterns is prohibited. (b) Permit holders may sell consumer fireworks only during the fireworks season. Within the fireworks season, consumer fireworks may be sold only between the hours of 8:00 a.m. and 11:00 p.m. (c) Permit holders shall during such times in which consumer fireworks are being sold have an adult in charge of his or her stand or retail outlet and shall display therein the required permit in a conspicuous manner and place. (d) Permit holders shall at all times comply with all regulations in this article or elsewhere in this Code, and with state and federal laws. (e) Permit holders shall at no time sell any fireworks to any person under 16 years of age. (f) Any persons actually selling or offering for sale any fireworks shall be at least 16 years of age. (g) The permit holder shall issue a fireworks use safety pamphlet, approved by the city, to each person purchasing any fireworks. (h) The permit holder shall maintain sufficient security personnel on the site of the sales facility, at all times when fireworks are stored on the site while the sales facility is closed. (i) The permit holder shall obtain all licenses or permits required by the state of Nebraska. (j) The permit holder shall post a city-approved sign at or near each cash register at the permit holder's location displaying (1) the fireworks discharge period as allowed by section 20-320(c)(2) of the Code. and (2) the penalties for violation of section 20-320 as set forth in section 20-320(g). Section 4. That Omaha Municipal Code sections 30-263, 30-264, and 30-265 as heretofore existing are hereby repealed. Section 5. This Ordinance shall be in full force and take effect fifteen days from and after the date of its passage.

 

First Reading September 11, 2018; Second Reading and Public Hearing September 18, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 

 

 

ORDINANCE NO. 41531

AN ORDINANCE to amend sections 20-320 and 30-261 of the Omaha Municipal Code; to shorten the period of time currently allowed for the use of fireworks from June 25 through July 4, to June 30 through July 4; to shorten the period of time currently allowed for the sale of fireworks from June 24 through July 5, to June 29 through July 4; to shorten the hours allowed for the use of fireworks, except for July 4; to repeal Omaha Municipal Code Sections 20-320 and 30-261 as heretofore existing; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Omaha Municipal Code section 20-320 is hereby amended to read as follows: Section 20-320. - Fireworks permitted and prohibited. (a) It shall be unlawful for any person to, within the city, possess, sell, offer for sale, hold for sale, bring into the city, use or discharge fireworks, except for the following: (1) Consumer fireworks, as defined by R.R.S. § 28-1241, as amended; or (2) Any display fireworks, purchased by a person licensed to purchase such fireworks, and purchased from a licensed distributor; or (3) Any display fireworks purchased by the holder of a display permit issued pursuant to R.R.S. § 28-1239.01; or (4) Any fireworks brought into this state for storage by a licensed distributor and held for sale outside of this state; or (5) Any fireworks furnished for agricultural purposes pursuant to written authorization from the state fire marshal to any holder of a distributor's license; or (6) Toy cap pistols or toy caps, each of which does not contain more than twenty-five hundredths of a grain of explosive material. (b) Definitions. (1) The term "fireworks shall mean any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and which meets the definition of consumer or special fireworks set forth by the United States Department of Transportation in Title 49 of the Code of Federal Regulations. (2) The term "flying lanterns" shall mean any device that requires a flame which produces heated air trapped in a balloon-type covering allowing the device to float in the air. Flying lanterns shall not include hot-air balloons used for transporting persons. (c) The use or discharge of consumer fireworks under subsection 20-320(a)(1) above shall be subject to the following rules: (1) The possession, use or discharge of consumer fireworks shall comply with the laws of the State of Nebraska. (2) Notwithstanding other rules, consumer fireworks may be used or discharged only on June 25 through July 4 and December 28 through December 30, inclusive, between the hours of 8:00 a.m. and 11:00 p.m. on those days, and from 8:00 a.m. on December 31 through 1:00 a.m. on January 1. on the following dates and times: (i) July 2 through July 4, inclusive, between the hours of 12:00 p.m. noon and 11:00 p.m. on those days: and, (ii) From 5:00 p.m. on December 31 through 1:00 a.m. on January 1. (3) Consumer fireworks may only be possessed, used or discharged by a person 16 years of age or older; provided, that a person 12 years of age or older and less than 16 years of age may possess, use or discharge consumer fireworks, but only when in the immediate presence of and under the direct supervision of an adult 19 years of age or older. (d) The possession, use, or discharge of fireworks as allowed under this section shall be lawful, notwithstanding any general prohibition of such activities in the city's master plan. (e) Notwithstanding any other language in this section, the possession, use, discharge, retail sale, offer for retail sale, or explosion of flying lanterns is prohibited. (f) The sale of fireworks shall be regulated by chapter 30 of this Code. (g) Any person convicted of a violation of this section shall be punished by a fine of $200.00 for each separate conviction under this section as follows: (i) First offense: a fine of $300.00 (ii) Second offense: a fine of $400.00 (iii) Third and subsequent offenses: a fine of $500.00 for each separate conviction. Section 2. That Omaha Municipal Code Section 30-261 is hereby amended to read as follows: Sec. 30-261. - Definitions. For the purposes of this article, the following definitions shall apply: Community betterment shall mean that which generally betters or enhances the community of the city, such as: (1) The acquisition, improvement and maintenance of parks and recreational facilities, public equipment and other items for community use and enjoyment to be used by the city in service to the community; (2) The recruitment and attraction of new businesses and jobs to the city community; (3) Athletic programs for the community, charities who provide social services in the city, and youth organizations and programs; and (4) Other acquisitions, services or programs of general benefit to the city community. Consumer fireworks shall mean consumer fireworks as defined by R.R.S. § 28-1241, as amended. Fireworks shall mean any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and which meets the definition of consumer or special fireworks set forth by the United States Department of Transportation in Title 49 of the Code of Federal Regulations. Fireworks season shall mean, cumulatively, the periods during which consumer fireworks may be sold at retail during a given year, namely, June 24 June 29 28 through July 5 July 4 inclusive. Flying lanterns shall mean any device that requires a flame which produces heated air trapped in a balloon-type covering allowing the device to float in the air. Flying lanterns shall not include hot-air balloons used for transporting persons. Net proceeds shall mean gross sales less the cost of fireworks, permit fee, rental or lease expense, advertising, wages and salaries paid to paid staff and personnel, and similar costs of operation of the fireworks stand. Any remuneration paid or given to persons performing services in connection with the sale of fireworks shall be deemed a cost of operation. Section 3. That Omaha Municipal Code sections 20-320 and 30-261 as heretofore existing are hereby repealed. Section 4. This Ordinance shall be in full force and take effect fifteen days from and after the date of its passage.

 

First Reading July 17, 2018; Second Reading and Public Hearing July 24, 2018; Third Reading and Vote September 25, 2018

 

PASSED: September 25, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-3-18

______

 
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