CITY OF OMAHA

Notice is hereby given that the City Council of the City of Omaha met on March 30, 2021 and passed and approved the following ordinances:

ORDINANCE NO. 42473

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 ce1tain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located northwest of 33rd and Jones Streets from R7-Medium-Density Multiple-Family Residential District to TOD-2-MUR-Transit Oriented Development Mixed Urban Residential District.

Summary: 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 I, Isaacs & Seldens Addition Replat I, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from R7-Medium-Density Multiple-Family to TOD-2-MUR-Transit Oriented Development Mixed Urban Residential District.

First Reading March 9, 2021; Second Reading March 16, 2021; Third Reading, Public Hearing and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42474

AN ORDINANCE to approve a PUR-Planned Unit Redevelopment Overlay District in a TOD-2-MUR-Transit Oriented Development Mixed Urban Residential District located northwest of 33rd and Jones Streets, to approve the Development Plan, and to provide for an effective date.

Summary:  In accordance with Sections 55-595 through 55-600 of the Omaha Municipal Code, a PUR-Planned Unit Redevelopment Overlay District and the Development Plan, attached hereto and made a part hereof, are hereby approved, for the following described land in Douglas County, Nebraska: Lot 1, Isaacs & Seldens Addition Replat I, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska.

First Reading March 9, 2021; Second Reading March 16, 2021; Third Reading, Public Hearing and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42475

AN ORDINANCE to repeal the ACI-2-Areas of Civic Importance Overlay District, for property located northwest of 33rd and Jones Streets, and to provide for an effective date.

Summary:  In accordance with Sections 55-671 through 55-680 of the Omaha Municipal Code, the ACI-2-Areas of Civic Importance Overlay District is hereby repealed, for the following described land in Douglas County, Nebraska: Lot I, Isaacs & Seldens Addition Replat I, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska.

First Reading March 9, 2021; Second Reading March 16, 2021; Third Reading, Public Hearing and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42476

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 property located northwest of Farnam and Beverly Drives from CC-Community Commercial District to TOD-2-MX-Transit Oriented Development Mixed Use District.

Summary:  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: The west 10 feet of Lot I, the west 10 feet of the north 150 feet of Lot 2, and all of Lots 4 and 5, Block 3, Beverly Hills, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from CC-Community Commercial District to TOD-2-MX-Transit Oriented Development Mixed Use District.

First Reading March 9, 2021; Second Reading March 16, 2021; Third Reading, Public Hearing and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42477

AN ORDINANCE to rescind the ACI-2-Areas of Civic Importance Overlay District, for property located northeast of 14th and Nicholas Streets, and to provide for an effective date.

Summary:  In accordance with Sections 55-671 through 55-680 of the Omaha Municipal Code, the ACI-2-Areas of Civic Importance Overlay District is hereby rescinded, for the following described land in Douglas County, Nebraska: The west 10 feet of the north 189 feet of Lot 1 and the north 189 feet of Lots 4 and 5, Beverly Hills, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska. 

First Reading March 9, 2021; Second Reading March 16, 2021; Third Reading, Public Hearing and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 

ORDINANCE NO. 42478

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 southeast of 178th and Pacific Streets from R4-Single-Family Residential District (High-Density) to R6-Low-Density Multiple-Family Residential District (property is located within an MCC-Major Commercial Corridor Overlay District).

 

Summary:  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 2, Spring Ridge Replat 5, and Lot 2, Spring Ridge Replat 4, subdivisions as surveyed, platted and recorded in Douglas County, Nebraska are hereby rezoned from R4-Single-Family Residential District (High-Density) to R6-Low-Density Multiple-Family Residential District (property is located within an MCC-Major Commercial Corridor Overlay District).    

First Reading March 9, 2021; Second Reading March 16, 2021; Third Reading, Public Hearing and Vote March 30, 2021

PASSED: March 30, 2021: 5-2

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 

ORDINANCE NO. 42479

AN ORDINANCE approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and William 12, LLC, a Nebraska limited liability company, to implement the Bohemian Apartments Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located Northwest of 12th and Williams Streets, which proposes the construction of a new 107 to 112 unit market rate apartment complex; the agreement authorizes the use of up to $2,050,000.00, 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.

Summary:  Same    

First Reading March 9, 2021; Second Reading and Public Hearing March 16, 2021; Third Reading and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 

ORDINANCE NO. 42480

AN ORDINANCE approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and Flatrock Group, LLC, a Nebraska limited liability company, to implement the Omaha Box Company Building Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 2501 North 21 Street, which proposes a comprehensive rehabilitation of the entire 189,000 square feet of the complex to include office, warehouse and some manufacturing/assembly; the agreement authorizes the use of up to $2,715,380.00, 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.

Summary:  Same     

First Reading March 9, 2021; Second Reading and Public Hearing March 16, 2021; Third Reading and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 

ORDINANCE NO. 42481

AN ORDINANCE to accept the bid of Abe’s Trash Service, Inc., in the amount of $41,607.00 to provide rubbish container service for City of Omaha Parks, located at various Community Centers and Parks throughout the City. The Agreement will commence upon City Council approval and run through December 31, 2022. This Agreement may be extended on the same terms and conditions for an additional three (3) year term, if the City exercises the option to do so. Extensions of the contract shall be at the option of the City, exercised by the Parks, Recreation and Public Property Director or their representative.

Summary: Same   

First Reading March 9, 2021; Second Reading and Public Hearing March 16, 2021; Third Reading and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 

ORDINANCE NO. 42482

AN ORDINANCE to accept the bid from BMI Janitorial Group, to provide janitorial services at various Omaha Public Library facilities, in accordance with the lowest bid meeting specifications, for an estimated annual cost of $134,300.00, for a period of two (2) years beginning April 1, 2021, with an option to extend the contract for two (2) additional one (1)-year periods; and, to provide for the effective date hereof.

Summary: Same      

First Reading March 9, 2021; Second Reading and Public Hearing March 16, 2021; Third Reading and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 

ORDINANCE NO. 42483

AN ORDINANCE approving an Agreement between the City of Omaha, a Municipal Corporation, the City of Omaha Employee Retirement System, and Milliman, Inc. for the provision of actuarial services, including the performance of an annual actuarial valuation and certain additional actuarial consulting services by the City of Omaha Employee Retirement System, for the years 2021 through 2025, in accordance with the proposals submitted by Milliman, Inc. at a total cost of $198,943 for the term of the Agreement with such payment of money from appropriations of more than one (1) year as provided by Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; with such payments to come from the City of Omaha General Fund 11111, Organization 119014, Account 42268, Actuarial Studies; and to provide the effective date hereof.

Summary: Same

First Reading March 9, 2021; Second Reading and Public Hearing March 16, 2021; Third Reading and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 

ORDINANCE NO. 42484

AN ORDINANCE approving an Agreement between the City of Omaha, a Municipal Corporation, the City of Omaha Police and Fire Retirement System, and Milliman, Inc. for the provision of actuarial services, including the performance of an annual actuarial valuation and certain additional actuarial consulting services by the City of Omaha Police and Fire Retirement System, for the years 2021 through 2025, in accordance with the proposals submitted by Milliman, Inc. at a total cost of $198,943 for the term of the Agreement with such payment of money from appropriations of more than one (1) year as provided by Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; with such payments to come from the City of Omaha General Fund 11111, Organization 119014, Account 42268, Actuarial Studies; and to provide the effective date hereof.

Summary: Same       

First Reading March 9, 2021; Second Reading and Public Hearing March 16, 2021; Third Reading and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 

ORDINANCE NO. 42485

AN ORDINANCE approving a Development Agreement for Occupation Tax in an Enhanced Employment Area by and between the City of Omaha and R Hotel, LLC, a Nebraska limited liability company, and its successors or assigns, for a project site located northwest of 15th and Harney Streets, authorizing the use of up to $2,000,000.00, plus accrued interest in occupation tax revenues generated by the development located in an enhanced employment area, as shown in Exhibit “A”, as properly authorized and designated by the Omaha City Council; and providing for an effective date.

 

Summary: Same        

First Reading March 9, 2021; Second Reading and Public Hearing March 16, 2021; Third Reading and Vote March 30, 2021

PASSED: March 30, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 Percent of the cost of the Improvements.  The County shall pay Zero (0%) Percent of the cost of the Improvements.  Prior to “Project Bid,” the County will bill SID 603 for a sum equal to one-half of its respective construction costs hereunder (as per Exhibit “B”).  SID 603 shall pay its share of such construction costs to the County prior to the “Award of Contract.”

SID 603 shall pay the Project Engineer directly for one hundred percent (100%) of the design construction management, and construction staking for the project (as per Exhibit “B”). 

Prior to “Project Bid” to a contractor, Douglas County will bill SID 603 for a sum equal to one-half (1/2) of SID 603’s respective percentage cost.  SID 603 shall pay such amount to Douglas County prior to the “Award of Contract.”  If the project is cancelled or reduced in scope, Douglas County shall reimburse SID 603 equal to their overpayment amount.

The County shall pay the contractor, supplier and other persons or entities for the total costs of the Improvements.  The County shall submit periodic statements to SID 603 for their share of the cost of the Improvements, after utilizing SID 603’s initial one half payment.  SID 603 shall pay the County based upon such statement within thirty (30) days after receipt of such periodic statement.  Upon completion of the Improvements, the County shall submit a final pay request to SID 603 setting forth a breakdown of the Total Costs for the Improvements and SID 603 shall pay the County its share, within 30 days after receipt of such payment requests.

6.  Timing of Work.    It is the mutual desire and intention of the parties that the Improvements shall be completed in a timely manner.  Accordingly, the parties hereby agree to cooperate with each other and make reasonable, good faith efforts to perform their obligations hereunder in a timely manner so as to achieve completion of all of the improvements contemplated by the Agreement.  The proposed completion date shall be within two (2) years after the recording of the Final Plat for the Kempten Creek Subdivision. 

7.  Records.  The SID 603 shall maintain records of all construction costs incurred in connection with the Improvements.  The County shall have the right to audit and review such records during normal business hours to assure that such records are accurate.

8.  Duration and Termination.  This Agreement shall continue until such time as the Improvements to be performed by the County pursuant to this Agreement have been completed unless this Agreement is terminated sooner by the mutual written agreement of all Parties hereto.

9.  Amendments.  This Agreement may be modified only by written amendment, duly executed by authorized officials of the Parties.  No alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto.  Every amendment shall specify the date on which its provisions shall be effective.

10.  Nondiscrimination Clause.  In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. 48-1122, all parties to this agreement agree that they nor any of their subcontractors or agents shall discriminate against any employee, or applicant for employment to be employed in the performance of this agreement, with respect to hire, tenure, terms, conditions, or privileges of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant.

11.  Drug Free Policy.  All parties to this agreement assure the County that they have established and maintain a drug free workplace policy.

 12.  Appointment of Administrators.   The Douglas County Engineer shall administer this contract on behalf of Douglas County.  The Project Engineer shall administer this contract on behalf of SID 603.  The Parties hereto agree that the County shall serve as the lead agency for the said Improvements.

13.  New Employee Work Eligibility Status.  The Parties agree to comply with the residency verification requirements of Neb. Rev. Stat. §4-108 through §4-114. The Parties are required and hereby agree to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee.

14.  Conflict of Interest.  The Parties warrant to each other that they have not employed nor retained any company or person, other than a bona fide employee working solely for the Parties to this Agreement to solicit or secure this Agreement, and that they have not paid or agreed to pay any company or person other than a bona fide employee working solely for the Parties, any fee, commissions, percentage, brokerage fees, gifts or other consideration, contingent upon or resulting from the award or making of this Agreement.

15.  Severability.  In the event any portion of this Agreement may be held invalid or unenforceable for any reason, it is agreed that any invalidity or unenforceability shall not affect the remainder of this Agreement and the remaining provisions shall remain in full force and effect, and any court of competent jurisdiction may so modify any objectionable provision of this Agreement so as to render it valid and enforceable.

16.  Assignment.  No Party may assign its rights, duties or obligations under this Agreement without the prior written consent of the other Parties to this Agreement.  An assignment without such prior written consent shall be a material breach of this Agreement.

17.  Indemnification.   Each Party will indemnify, defend and hold harmless the other Party from any and all liability, expense, cost attorney’s fees, claim, judgment, suit and/or cause of action (whether or not meritorious), settlement, or demand for personal injury, death or damage to tangible property which may accrue against the other Party to the extent it is caused by the negligent acts or omissions of the Indemnifying Party, its officers, employees, agents, or subcontractors while performing their duties under this Agreement, provided that the other Party gives the Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of suit, demand or cause of action.  These Indemnification provisions are not intended to waive a Party’s sovereign immunity.  A Party’s liability under this Agreement is governed by and limited to the extent provided by the Nebraska Political Subdivision Tort Claims Act or other applicable provisions of law.  The provisions of this Section 18 shall survive expiration or termination of this Agreement.                                              

18.  Choice of Law.   Parties to this Agreement shall conform to all existing and applicable city ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations.  Nebraska law will govern the terms and the performance under this Agreement.  Venue for any non-federal legal proceeding under this Agreement shall be in the State of Nebraska, District Court of Douglas County and for any federal legal proceeding in the United States District Court for the State of Nebraska located in Omaha, Nebraska.

19.  Insurance.   SID 603 shall maintain throughout the term of this Agreement Commercial General Liability insurance against any and all claims for bodily injury and property damage occurring in, or about the premises arising out of such Party’s use and services provided on the premises with limits of not less than One Million Dollars ($1,000,000.00) for each person for any number of claims arising out of a single occurrence and Five Million Dollars ($5,000,000.00) for all claims arising out of a single occurrence and shall provide proof thereof.

20.  Entire Agreement.  This instrument and Exhibits contain the entire agreement of the Parties and shall be binding upon the successors and assign of the respective Parties.  No amendments, deletions, or additions shall be made to the Agreement except in writing signed by the Parties.  Nebraska law shall govern the terms and performances under this Agreement.

The outer boundaries of the area which may become subject to special assessments for said improvements are proposed to be the same as the outer boundaries of Sanitary and Improvement District No. 603 of Douglas County, Nebraska.

The total costs of the District’s share of the 156th Street improvements, as contemplated in said Interlocal Cooperation Agreement, including engineering fees, legal fees, fiscal fees, interest and other miscellaneous costs, is estimated to be in the sum of $520,000.00.

To pay the cost of said improvement the Board of Trustees shall have the power to issue negotiable bonds of the District after such improvements have been completed and accepted; said bonds to be called “Sanitary and Improvement District Bonds” and shall be payable and bear interest as provided by the Statutes of the State of Nebraska.

The Board of Trustees shall assess to the extent of special benefits, the cost of such improvements upon properties specially benefitted thereby.  All special assessments which may be levied upon the properties specially benefitted by such improvements shall, when collected, be set aside and constitute a sinking fund for the payment of interest and principal of said bonds.  The District shall also cause to be levied annually a tax upon the assessed value of all of the taxable property in the District except intangible property, which together with said sinking fund derived from special assessments shall be sufficient to meet payment of the interest and principal of said bonds as the same become due; said tax shall be known as the Sanitary and Improvement District Tax and shall be payable annually in money.

If a petition opposing this Resolution, signed by property owners representing a majority of the front footage which may become subject to assessment for the cost of the improvements as set forth herein, is filed with the Clerk of the District within three (3) days before the date of the hearing on this Resolution, this Resolution shall not be passed.

SANITARY AND IMPROVEMENT DISTRICT

NO. 603 OF DOUGLAS COUNTY, NEBRASKA

By:     Dave Vogtman, Chairman

Justin Knapp, Clerk

4/7, 4/14

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CITY of OMAHA

AIR QUALITY CONTROL

Notice is given to the public according to Chapter 41 of the Omaha Municipal Code of the application of Silverstone Inc. for a renewal of their air emission operating permit for the wheel and tire manufacturing facility at 4350 McKinley Street, Omaha. The potential emissions at this facility, in tons, will be: VOC 40.0 and total HAP 8.0.

No significant impact on air quality is expected from the operation of this facility. Douglas County is in attainment with air quality standards for the listed pollutants. Approval is recommended with the condition that any pollution control equipment that may be necessary for compliance with the City of Omaha or Nebraska Air Pollution Control Rules and Regulations will be installed within 180 days after notification by the City of noncompliance.

All information submitted by the applicant and the proposed approval by Air Quality Control are available for inspection by the public at the office of Omaha Air Quality Control from April 7, 2021 to May 7, 2021. Comments received during that period will be considered. During that period the applicant, or any interested person or group of persons, may request or petition the Control Officer for a public hearing, and state the nature of the issues to be raised and all arguments and factual grounds supporting their position.  The Control Officer may hold a public hearing if the comments, requests, or petitions raise legal, policy or discretionary questions and significant public interest exists with respect to the application.  Comments should be mailed to:

John Finlan Mayne

Public Works

Air Quality Control

5600 S. 10th Street

Omaha, NE 68107

402-444-3915

4/7

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