CITY OF OMAHA

Notice is hereby given that the City Council of the City of Omaha met on April 5, 2022 and passed and approved the following ordinances:

ORDINANCE NO. 42915

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 at 2306 North 79th Street from R2-Single-Family Residential District (Low Density) to R5-Urban Family 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: Lots l through 4, Benson Gardens Replat 22, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from R2-Single-Family Residential District (Low Density) to R5-Urban Family Residential District.

First Reading March 15, 2022; Second Reading March 29, 2022; Third Reading, Public Hearing and Vote April 5, 2022

PASSED: April 5, 2022: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

ORDINANCE NO. 42916

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 prope1iy located Southwest of 126th and Grebe Streets from DR-Development Reserve District and R4-Single-Family Residential District (High-Density) to DR-Development Reserve 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: Outlot A, Deer Creek Highlands Replat 1, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from DR-Development Reserve District and R4-Single-Family Residential District (High-Density) to DR-Development Reserve District.

First Reading March 15, 2022; Second Reading March 29, 2022; Third Reading, Public

Hearing and Vote April 5, 2022

PASSED: April 5, 2022: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

ORDINANCE NO. 42917

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 prope1ty located Southwest of 126th and Grebe Streets from DR-Development Reserve District and R4-Single-Family Residential District (High-Density) to R4-Single-Family Residential District (High-Density).

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 1, Deer Creek Highlands Replat 1, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from DR-Development Reserve District and R4-Single-Family Residential District (High-Density) to R4-Single-Family Residential District (High-Density).

First Reading March 15, 2022; Second Reading March 29, 2022; Third Reading, Public Hearing and Vote April 5, 2022

PASSED: April 5, 2022: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

ORDINANCE NO. 42920

AN ORDINANCE approving the contract with Midwest Laboratories, Inc., for Laboratory Testing Services for Wastewater, Stormwater, Surface Water, Biosolids, Soil and Compost Samples, at an estimated annual cost of $82,980.50, to be effective from April 1, 2022 through December 31, 2024, with an option by the City to extend the contract for two additional 1-year periods; to provide for payments from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments from a specific account; and to provide an effective date hereof.

Summary: Same

First Reading March 15, 2022; Second Reading and Public Hearing March 29, 2022; Third Reading and Vote April 5, 2022

PASSED: April 5, 2022: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

ORDINANCE NO. 42919

AN ORDINANCE to approve the Third Amendment to the Redevelopment Agreement between the City of Omaha and the Omaha Performing Arts Society to remove Section 1.4 of the Redevelopment Agreement which required one member of the Omaha Performing Arts Society Board of Directors be appointed by the Mayor and confirmed by the City Council.

Summary: Same

First Reading March 15, 2022; Second Reading and Public Hearing March 29, 2022; Third Reading and Vote April 5, 2022

PASSED: April 5, 2022: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

ORDINANCE NO. 42921

AN ORDINANCE to approve the Amendment to and Extension of a Lease Agreement between U.S.S. Hazard, Inc. (“Lessee”), and the City of Omaha (“Lessor”); and to provide an effective date thereof.

Summary: Same

First Reading March 15, 2022; Second Reading and Public Hearing March 29, 2022; Third Reading and Vote April 5, 2022

PASSED: April 5, 2022: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

ORDINANCE NO. 42918

An Ordinance supplemental to Ordinance No. 37507 authorizing and directing an issue as Additional Bonds in one or more series of not to exceed an aggregate principal amount of Twenty-Four Million Five Hundred Thousand Dollars ($24,500,000) Sanitary Sewerage System Revenue Bond, of the City of Omaha, Nebraska, to be termed for identification purposes “Sanitary Sewerage System Revenue Bond, Series of 2022 (NDEE Project)”, for the purpose of providing funds to finance the acquisition, construction, improving and equipping of capital improvements to the City’s sanitary sewerage system; prescribing the form of the bond; covenanting to maintain and collect rates and charges for the use and services of the system; pledging the revenue derived from the operation of the system, including all extensions and improvements thereto and equipping thereof, to the payment of the cost of operating and maintaining the system, to the deposits required by Ordinance No. 35840, as supplemented, by Ordinance No. 37507, as previously supplemented, and by this ordinance, to the payment of the principal of and interest on the bond as the same fall due; covenanting to carry out all other covenants and agreements of this ordinance; limiting the payment of the bond solely to the system revenues; creating and establishing funds and accounts; authorizing the sale of the bond to the Nebraska Department of Environment and Energy (“NDEE”); making other covenants and agreements in connection with the foregoing; appointing a Paying Agent and Registrar; authorizing the form of the NDEE Loan Agreement between the City and the NDEE and the execution and delivery thereof; and providing for the effective date thereof.

Summary: Same

First Reading March 15, 2022; Second Reading and Public Hearing March 29, 2022; Third Reading and Vote April 5, 2022

PASSED: April 5, 2022: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

ORDINANCE NO. 42923

AN ORDINANCE approving an Interlocal Agreement between the City of Omaha and the Transit Authority of the City of Omaha, d/b/a Metro, to form a joint entity to be known as the Omaha Streetcar Authority; and to provide for an effective date thereof.

Summary: Same

First Reading March 15, 2022; Second Reading and Public Hearing March 29, 2022; Third Reading and Vote April 5, 2022

PASSED: April 5, 2022: 5-2

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

ORDINANCE NO. 42924

AN ORDINANCE approving a redevelopment agreement, which incorporates necessary lease and development management agreements, between the City of Omaha and Blackstone Parking, LLC, to implement the Blackstone East Mixed Use Building Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment site located at the southwest corner of 37th and Farnam Streets, which proposes to construct a nine-story, mixed-use building to include approximately 20,000 square feet of ground floor commercial space, an enclosed public parking facility with 385 stalls, and 161 apartment units on the upper levels; the agreement authorizes the use of up to $6,546,750.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project, a purchase and sale agreement whereby the City will purchase the Garage Unit of the condominium, upon substantial completion, for $18,897,134.00 and a parking lease with the Owner of the Commercial/Residential Unit for 72 stalls, all as further set forth in the Redevelopment Agreement, and providing for an effective date.

Summary: Same

First Reading March 15, 2022; Second Reading and Public Hearing March 29, 2022; Third Reading and Vote April 5, 2022

PASSED: April 5, 2022: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

ORDINANCE NO. 42922

AN ORDINANCE to amend Section 12-24 to provide for executive and legislative approval of orders, regulations, and instructions given by the city’s health director in an epidemic; and to provide an effective date thereof.

Summary: Same

First Reading March 15, 2022; Second Reading and Public Hearing March 29, 2022; Third Reading and Vote April 5, 2022

PASSED: April 5, 2022: 5-2

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler, City Clerk

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CITY OF OMAHA

PUBLIC NOTICE

The City of Omaha has applied for Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance (HMA) Program funding through Nebraska Emergency Management Agency (NEMA) as a sub- recipient.

Under the National Environmental Policy Act (NEPA), federal actions must be reviewed and evaluated for feasible alternatives and for social, economic, historic, environmental, legal, and safety considerations. Under Executive Order (EO) 11988 and EO 11990, FEMA is required to consider alternatives, and to provide a public notice of any proposed actions in or affecting floodplains or wetlands. EO 12898 also requires FEMA to provide the opportunity for public participation in the planning process and to consider potential impacts to minority and low-income populations. This notice may also fulfill requirements under Section 106 of the National Historic Preservation Act (NHPA).

Funding for the proposed project will be conditional upon compliance with all applicable federal, tribal, state, and local laws, regulations, floodplain standards, permit requirements and conditions.

Sub-Applicant: City of Omaha (Douglas

County)

Project Title: HMGP 4420-024 Copper

Creek Sewer Interceptor

Location of Proposed Work:

• Work will realign approximately 0.6 mile of buried sewer pipe, between north end (41.177751, -95.997385), and south end (41.168934, -95.993952).

• Partial trenching and ground boring in Copper Creek Park, 5021 Copper Creek Road, Omaha, NE 68157.

• Partial trenching and ground boring in Hastings Banner Park, 5005 Virginia Street, Omaha, NE 68157.

• Work area crosses beneath Copper Creek and is to the east of Big Papillion Creek.

Special Flood Hazard Area Zone:

This project will perform work in the A Zone, the area of 1% annual chance of flooding, per City of Bellevue Flood Insurance Rate Map panel 31153C 0090H, dated 5/03/2010. This area is categorized as regulatory floodway.

Proposed Work and Purpose:

Copper Creek Sewer Interceptor will be relocated using Hazard Mitigation Grant Project funding. Work will remove existing 90-inch metal pipe at stream crossing (41.176573, -95.996966) and through a combination of open-trench and boring will install approx. 3,400 linear feet (LF) of 96-inch reinforced concrete pipe in a new alignment, reducing floodplain impacts. This work removes original pipe and buries the line, improving floodplain characteristics and reducing potential damage to infrastructure. New pipeline footprint diverts from existing northern point (41.177751, -95.997385), and open-trench a conduit approx. 300 LF to the southeast to reach a tree-line (41.177281, -95.996396). Work will bore three lines approx. 575 LF under Copper Creek and the parking lot to reach southern end of boring (41.175699, -95.996021). Point protection will be installed in the streambank in this area, in the form of 69 LF of riprap revetment. From there, work will resume in an open-trench installation of approx. 2,500 LF of pipe to reach the southern point of relocated line (41.168934, -95.993952), where it will be tied back into existing line. This section will have manhole access points installed approx. every 600 feet along the length. Once new line is in place, existing 90-inch-diameter exposed pipe will be removed, and the remainder of line will be sealed. This area will receive 60 LF of riprap revetment. This circumvents the task of digging up existing levee maintained by USACE to effect repairs.

Project Alternatives:

Alternative #1 (Relocation and installation of siphon): This is the option being pursued by this grant. Work will remove existing, exposed sewer line and install a total 3,400 linear feet of sewer pipe through a mixture of open-trench installation and directional boring. The new siphon design will prevent backflow into the collection system and the new pipe will replace aged infrastructure. Streambank stabilization, removal of the existing crossing, temporary by-pass pumping, and pavement replacement are also included in this alternative.

Alternative #2 (Relocation of aerial crossing): This option would relocate the length of pipe as described in Alternative #1, but would forego boring in favor of spanning Copper Creek with a 120-inch wide and 80-foot long concrete pipe, housing a 90-inch wide sewer pipe. This option would remain exposed to impacts from flooding and corrosion.

Alternative #3 (No action): The no-action alternative would leave the interceptor susceptible to repeated damages at the existing stream crossing. Corrosion of the pipe would continue until the pipe collapses or fractures, which could compromise the adjacent levee and result in sewage spilling into the creeks.

Comment Period:

This will serve as the final public notice regarding the above-described action funded by the FEMA PA program. All comments received can be submitted online, via email, to FEMA at kate.stojsavljevic@fema.dhs.gov. Please use the subject line: “NE-HMGP-4420-PW-024, Copper Creek Sewer Interceptor.”

Interested persons may also submit comments and questions in writing, or request a map of this specific project, by writing to the Federal Emergency Management Agency, Region 7, 11224 Holmes Road; Kansas City, MO 64131. Written comments should be sent with the subject line “NE-HMGP-4420-PW-024, Copper Creek Sewer Interceptor” to the above address within 15 days of the date of posting.

All comments are due by no later than 15 days of the posted date of this notice.

POSTED ON APRIL 6, 2022.

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