ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE.

IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE.

PLEASE NOTIFY ELIZABETH BUTLER –  CITY CLERK – 402-444-5557, IF ARRANGEMENTS NEED TO BE MADE.

 

CITY OF OMAHA

Notice is hereby given that the City Council of the City of Omaha met on November 19, 2019 and passed and approved the ordinances entitled:

 

ORDINANCE NO. 42043

AN ORDINANCE to amend the boundaries of the ACI-1 district of the Area of Civic Importance Overlay District, to incorporate into that district the property located southeast of 10th and Farnam Streets; and to provide an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In ac-cordance with Sections 55-609 through 55-617 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 1-10 and Outlots A-B, Central Park East Replat 3, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned to be included in and incorporated into the ACI-1 district of the Areas of Civic Importance 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 October 29, 2019; Second Reading November 5, 2019; Third Reading, Public Hearing and Vote November 19, 2019

 

PASSED: November 19, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

11-27-19

______

 

ORDINANCE NO. 42044

AN ORDINANCE to approve a FUR-Planned Unit Redevelopment Overlay District in a CC-Community Commercial District (property is located within a FF-Flood Fringe Overlay District) located at 6405 Center Street, to approve the Development Plan, and to provide for an effective date. BE IT ORDAINED BY THE CITY COUN-CIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-595 through 55-600 of the Omaha Municipal Code, a FUR-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 6 except the irregular 33.5 x 43.5 foot northeast corner, Aksarben Acres, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska. Section 2. The proposed Development Plan has been reviewed and evaluated pursuant to, and meets each of, the site plan criteria set forth in Section 55-885 of the Omaha Municipal Code. Section 3. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading October 29, 2019; Second Reading November 5, 2019; Third Reading, Public Hearing and Vote November 19, 2019

 

PASSED: November 19, 2019: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

11-27-19

______

 

ORDINANCE NO. 42045

AN ORDINANCE to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 6405 Center Street (property is located within a FF-Flood Fringe Overlay District); 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 6 except the irregular 33.5 x 43.5 foot northeast corner, Aksarben Acres, 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 October 29, 2019; Second Reading November 5, 2019; Third Reading, Public Hearing and Vote November 19, 2019

 

PASSED: November 19, 2019: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

11-27-19

______

 

ORDINANCE NO. 42041

AN ORDINANCE to amend Ordinance number 41691 passed January 8, 2019 between the City of Omaha and the Boys and Girls Club of the Midlands the amendment authorizes the Omaha Police Department by a pledge of donations from the Omaha Police Foundation to fund fifty percent of the cost of one (1) North Omaha and one (1) South Omaha gang specialist salary, with a project period of September 1, 2018 through September 30, 2020; to authorize payment from such funding and involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, amend Ordinance number 41691 passed January 8, 2019 between the City of Omaha and the Boys and Girls Club of the Midlands the amendment authorizes the Omaha Police Department by a pledge of donations from the Omaha Police Foundation to fund fifty percent of the cost of one (1) North Omaha and one (1) South Omaha gang specialist salary, with a project period of September 1, 2018 through September 30, 2020, is hereby approved. Section 2. That, the project period of September 1, 2018 through September 30, 2020 commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, approval of this Ordinance, involving appropriations of more than one year from receipt of grant funds and expenditures, is hereby authorized. Section 5. That, this Ordinance, being administrative and not legislative in character, shall be in full force and take effect immediately upon passage.

 

First Reading October 29, 2019; Second Reading and Public Hearing November 5, 2019; Third Reading and Vote November 19, 2019

 

PASSED: November 19, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk 

 

11-27-19

______

 

ORDINANCE NO. 42042

AN ORDINANCE to amend agreement dated May 2, 2019 and Ordinance number 41806 passed April 30, 2019 between the City of Omaha and the Boys and Girls Club of the Midlands the amendment authorizes the Omaha Police Department by a pledge of donations from the Omaha Police Foundation to fund fifty percent of the cost of one (1) North Omaha and one (1) South Omaha gang specialist salary, with a project period of February 20, 2019 to September 30, 2021; to authorize payment from such funding and involving appropriations of more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, amend agreement dated May 2, 2019 and Ordinance number 41806 passed April 30, 2019 between the City of Omaha and the Boys and Girls Club of the Midlands the amendment authorizes the Omaha Police Department by a pledge of donations from the Omaha Police Foundation to fund fifty percent of the cost of one (1) North Omaha and one (1) South Omaha gang specialist salary, with a project period of February 20, 2019 through September 30, 2021 is hereby approved. Section 2. That, the project period of February 20, 2019 through September 30, 2021 commencing upon approval of this ordinance in conformity with Section 5.17 of the Home Rule Charter, approval of this Ordinance, involving appropriations of more than one year from receipt of grant funds and expenditures, is hereby authorized. Section 5. That, this Ordinance, being administrative and not legislative in character, shall be in full force and take effect immediately upon passage.

 

First Reading October 29, 2019; Second Reading and Public Hearing November 5, 2019; Third Reading and Vote November 19, 2019

 

PASSED: November 19, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk 

 

11-27-19

______

 

ORDINANCE NO. 42010

AN ORDINANCE to amend Omaha Municipal Code Chapter 12, Article VII, entitled “Retail Sales of Tobacco Products,” by amending Omaha Municipal Code Sections 12-136 and 12-146; to provide legislative findings and intent; to amend the definition of “tobacco products” to include electronic nicotine delivery systems (ENDSs) and ENDS components and parts, and to exclude FDA approved tobacco cessation products; to remove an exemption for nicotine delivery devices from the tax imposed by this article; and to provide an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Findings and Intent. (a) This City Council hereby declares that it is the policy of the City to affirm the scientific evidence that the use of tobacco products is causally connected to many diseases and is dangerous to human health. (b) This City Council further finds that the diseases and health hazards causally connected to the use of tobacco products adversely affect the economic vitality of the city, its citizens, and taxpayers in many ways, including lost employment opportunities, decreased productivity and compensation, and increased expenses for medical care that take away discretionary spending that generates tax revenue and enhances the quality of life in the city. Many of these costs are borne by employers and result in reducing the city’s attractiveness to new businesses and new job opportunities for the citizens. These adverse economic effects are unfairly carried by persons who receive no benefit from the sale of tobacco products while persons engaged in the sale of tobacco products receive an economic benefit without con-tributing a fair share to the costs to the city and its citizens. It is preferable that persons who engage in the occupation that benefits from the sale and use of tobacco products should bear a greater proportionate share of the ad-verse effects through an occupation tax that makes revenue available to the City for use in increasing economic and employment opportunities within the city. This determination is made with due recognition of the just, proper, and equitable distribution of tax burdens within the city. (c) This City Council further finds that electronic nicotine delivery systems (ENDSs) and ENDS components and parts, including but not limited to e-cigarettes, vapes, vaping products, E-liquids, atomizers, cartomizers, clearomisers, flavors, flavor enhancers, water filtration base additives, flavored waterpipe tobacco charcoals, and other nicotine delivery devices that provide for the ingestion of nicotine into the human body that are regulated by the United States Food and Drug Administration (FDA) as tobacco products under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Family Smoking Prevention and Tobacco Control Act, and authorized federal regulations, are causally connected to the diseases and health hazards set forth above that adversely affect the economic vitality of the city, its citizens, and taxpayers. Many of these costs are borne by employers and result in reducing the city’s attractiveness to new businesses and new job opportunities for the citizens. These adverse economic effects are unfairly carried by persons who receive no benefit from the sale of tobacco products while persons engaged in the sale of tobacco products receive an economic benefit without contributing a fair share to the costs to the city and its citizens. It is preferable that persons who engage in the occupation that benefits from the sale and use of tobacco products should bear a greater proportionate share of the adverse effects through an occupation tax that makes revenue available to the City for use in increasing economic and employment opportunities within the city. This determination is made with due recognition of the just, proper, and equitable distribution of tax burdens within the city. (d) This City Council further finds that there exists a separate classification of nicotine delivery devices that provide for the ingestion of nicotine into the human body but that are primarily intended, marketed, and used as tobacco cessation products. Such products are separately regulated by the FDA, are not considered tobacco products under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Family Smoking Prevention and Tobacco Control Act, and do not adversely affect the economic vitality of the city, its citizens, and taxpayers in the manner set forth above. This City Council further finds that these tobacco cessation products do not contribute to the lost employment opportunities, decreased productivity and compensation, and increased expenses for medical care that take away discretionary spending that generates tax revenue and enhances the quality of life in the city like the tobacco products enumerated above. (e) This City Council finds, therefore, that persons engaged in the activity of tobacco dealers comprise a different and distinct occupation than persons engaged in the activity of the sale of tobacco cessation products, and that these distinct occupations are recognized through local, state, and federal regulation and licensing. It is therefore appropriate that a tax be imposed on the occupation classification of tobacco dealers for the pur-pose of raising revenue to support and further city activities and services. Section 2. Chapter 12, Article VII of the Omaha Municipal Code, entitled “Retail Sales of Tobacco Products,” Section 12-136- “Definitions,” is amended as follows: Sec. 12-136. - Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given: (1) Administrator means the person who is authorized to perform the duties and responsibilities described herein, and that person shall be either the planning director or the director’s designee, who shall be an employee of the planning department. (2) Place of business means a place where tobacco products are sold at retail, including vending machines and any temporary sales location. (3) Responsible person means any person, firm, association, company, partnership, or corporation or agent or employee of same who operates a store, stand, booth, concession, or other place at which tobacco sales are made to purchasers. A responsible person as defined and applied herein must be an individual 18 years or older. (4) Temporary sales lo-cation shall mean a designated location where tobacco products are sold at retail for a period not to exceed six consecutive days. The term shall not include a vending machine. (5) Tobacco dealer shall mean any person engaging in the retail sale of tobacco products or keeping of tobacco products for retail sale who is subject to the licensing requirement of this article and/or the requirements of Neb. Rev. Stat. § 28-1420 through 28-1424 (Reiss. 2008). (6) Tobacco products shall mean (1) cigarettes, (2) cigars, (3) cheroots, (4) stogies, (5) periques, (6) granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, (7) snuff, (8) snuff flour, (9) cavendish, (10) plug and twist tobacco, (11) fine cut and other chewing tobacco, (12) shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco, (13) any nicotine delivery device providing for the ingestion of nicotine into the body, (14) any electronic nicotine delivery system (ENDS) and ENDS components and parts that are regulated by the FDA as tobacco products under 21 CFR Part 1100. 21 CFR Part 1140, or 21 CFR Part 1143, and (14) (15) anything containing tobacco or any other kinds and forms of tobacco, prepared in such a manner as to be suitable for either chewing, smoking in a pipe, chewing and smoking, or inhaling and snorting through the nose. The term tobacco products shall not mean any tobacco cessation device or tobacco cessation product whose manufacturer has filed an application with the FDA’s Center for Drug Evaluation and Research and has been approved by the FDA as a tobacco cessation product. (7) Vending machine means any device or machine requiring the deposit of money or other things of value, including any such device or machine activated or operated by the vendor or by an employee or agent of the vendor. (8) Vendor-assisted access means access to tobacco, tobacco products, or other nicotine delivery devices only with the direct assistance of the vendor or a vendor employee or agent, so that customers do not have direct access to take possession of tobacco, tobacco products, or other nicotine delivery devices without direct assistance from the vendor or a vendor employee or agent. Section 3. Chapter 12, Article VII of the Omaha Municipal Code, entitled “Retail Sales of Tobacco Products,” Section 12-146- “Tax imposed,” is amended as fol-lows: Sec. 12-146. -Tax imposed. (a) The city council determines that persons engaged in activity as a tobacco dealer comprise a distinct occupation which is recognized through city and state regulation and licensing. It is appropriate that a tax be imposed on this occupation class for the purpose of raising revenue to support and further city activities and services. (b) On or after January 1, 2013, and in each calendar month thereafter. there is hereby imposed an occupational privilege tax upon each and every person conducting business as a tobacco dealer within the city for any period of time during a calendar month. The amount of the tax shall be three percent of all gross receipts derived from the sale of tobacco products and any pipe or other device intended for use in consuming tobacco products. For purposes of calculating this tax, the term “tobacco products” shall include any items within the definition provided by this article, except nicotine delivery devices providing for the ingestion of nicotine into the body, and all other cigarettes or tobacco products, if any, which are subject to the cigarette tax imposed by Neb. Rev. Stat. 77-2601 et seq. (Reiss. 2009), as amended, or the tax imposed by the Nebraska Tobacco Products Tax Act, Neb. Rev. Stat. 77-4001 et seq. (Reiss. 2009), as amended. (c) A tobacco dealer may itemize the tax levied on a bill, receipt, or other invoice provided to the purchaser but each person engaged in the occupation shall remain liable for the tax imposed by this article. (d) The tax imposed by this article is for revenue purposes to support the government of the city and its activities. The levy of the tax under this article is in addition to all other fees, taxes, excises, and licenses levied and imposed under any contract or any other provisions of this Code or ordinances of the city and in addition to any fee, tax, excise, or license imposed by the state. Payment of the tax shall not relieve the person paying it from paying any other tax now or hereafter imposed, including those imposed for any business or occupation carried on along with the sale of tobacco products, unless otherwise provided therein. The occupation tax imposed by this article shall be cumulative except where otherwise specifically provided. (e) The occupation tax imposed by this section shall terminate oh December 31, 2022. Section 4. The sections, subsections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, subsection, para-graph, sentence, clause, or phrase of this Ordinance shall be declared invalid, unenforceable, or unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability, or unconstitu-tionality shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses, or phrases of this Ordinance. Section 5. That this Ordinance shall be in full force and take effect 15 days from and after the date of its passage.

 

First Reading October 8, 2019; Second Reading and Public Hearing October 22, 2019; Third Reading and Vote November 19, 2019

 

PASSED: November 19, 2019: 5-2

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

11-27-19

______

 

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 Clearway Energy for a renewal to their air emission operating permit for the utility distribution facility at 2420 Burt Street, Omaha. The potential emissions, in tons, for this project will be: PM10 6.5, PM2.5 6.3, SOx 7.6, NOx 88.8, VOC 2.8, CO 39.2, Ammonia 2.1, Hexane 0.7 and CO2 Equivalent 70,771.

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 November 27, 2019 to December 27, 2019. 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

 

11-27-19

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