CITY OF OMAHA

PUBLIC HEARING NOTICE

Notice is hereby given that the City Council of the City of Omaha met on August 11, 2020 and passed and approved the following ordinances:

ORDINANCE NO. 42290

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 northeast of 192nd and Burke Streets from AG-Agricultural District and DR-Development Reserve District to DR-Development Reserve District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section I. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amend-ed in accordance with Section 55-886 of the Omaha Municipal Code so that: Outlot A, Fountain Ridge East Replat 1, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG-Agricultural District and DR-Development Reserve District 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 July 21, 2020; Second Reading July 28, 2020; Third Reading, Public Hearing and Vote August 11, 2020

PASSED: August 11, 2020: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

8-19-20

––––––

 ORDINANCE NO. 42291

AN ORDINANCE to approve a Major Amendment to a Mixed Use District Development Agreement between the City of Omaha and Fountain West Office Park, LLC, for Fountain Ridge East, located northeast of 192nd and Burke Streets, to allow two Center Identification signs to be placed along West Dodge Frontage and one on Burke Street, 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 northeast of 192nd and Burke Streets 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 July 21, 2020; Second Reading July 28, 2020; Third Reading, Public Hearing and Vote August 11, 2020

PASSED: August 11, 2020: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

8-19-20

–––––– 

ORDINANCE NO. 42292

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing Nicholas Street Sewer Extension Phase 38, project identified as OPW 53753; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary and it is hereby declared proper and necessary to appropriate certain private property for the purpose of constructing Nicholas Street Sewer Extension Phase 38, project identified as OPW 53753; Said property and lands necessary for such purposes are described as follows: See the attached Exhibit “A” plat drawing of abutting properties for which land acquisitions, permanent easements and temporary construction easements will be needed to complete this project. Section 2. That the Public Works Department of the City of Omaha be, and it hereby is, authorized, empowered, and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above-described properties for the acquisition of said properties by the City of Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of the above-described properties for the acquisition thereof by the City of Omaha, the Public Works Department is authorized, empowered, and directed, together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha or the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha required to be given the owners or other persons having any interest in and to any of the above described real estate may be given by either the Public Works Department or the Law Department of the City of Omaha. The Public Works Department will be responsible for recording of all deeds, easements or other acquisition documents resulting from the exercise of the authority granted under this Ordinance in the Register of Deeds Office in the appropriate county. Section 3. That this Ordinance shall take effect and be in force after its passage.

First Reading July 21, 2020; Second Reading and Public Hearing July 28, 2020; Third Reading and Vote August 11, 2020

PASSED: August 11, 2020: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

8-19-20

––––––

EMERGENCY ORDINANCE NO. 42309

AN EMERGENCY ORDINANCE pursuant to City of Omaha Charter Section 2.13; to add Article III, Sections 12-41 through 12-52, entitled “Prevention of COVID-19,” to Chapter 12 of the Omaha Municipal Code; to provide legislative findings and intent; to require individuals to wear facial coverings and exceptions thereof; to provide for the enforcement of violations and penalties; to establish a sunset provision; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That as a result of Novel Coronavirus (COVID-19) pandemic and with an increased number of confirmed COVID-19 cas-es within the City limits of the City of Omaha and the closing of numerous city and private facilities, an emergency exists authorizing action under City of Omaha Charter Section 2.13 which allows for passage of an ordinance with one reading. This ordinance seeks to impose a non-pharmaceutical intervention to combat the spread of COVID-19 and to halt the progression thereof. Section 2. That Chapter 12, Article III, Section 12-41 through Section 12-52 of the Omaha Municipal Code is hereby created as follows:

ARTICLE III. - PREVENTION OF COVID-19

Sec. 12-41. - Legislative Findings and Intent.

(1) The City Council hereby finds and declares, based upon the scientific and medical evidence before it, that:

 (a) the Novel Coronavirus (COVID-19) bas impacted and continues to dramatically impact    the citizens of the City of Omaha, Nebraska; and

(b) exposure to COVID-19 presents a risk of death or serious long-term disability; the exposure is widespread and poses significant risk of harm, including death, to people in the general population of the City of Omaha; there is a particular subset of the population that is more vulnerable to the threat and thus at an increased risk; and the threat is from a novel infectious disease; and

(c) information from the World Health Organization. the CDC, Nebraska Department of Health and Human Services, the Douglas County Health Department, local public health departments throughout Nebraska. and members of the City of Omaha and Douglas County medical community indicates that citizens of the City of Omaha have been and will continue to be exposed due to community transmissions ofCOVID-19: and

(d) the manner in which the spread of COVID-19 cases in the City of Omaha has occurred creates an unacceptable risk to the health, safety, and welfare of the citizens of the City of Omaha; and

(e) the number of COVID-19 infections within the City of Omaha continues to increase and

(f) COVID-19 constitutes a public nuisance and a threat to the health, safety, and welfare of the City of Omaha; and

(g) The Director of the United States Centers for Disease Control and Prevention (CDC), the Health Director for the City of Omaha, doctors and infectious disease experts from the University of Nebraska Medical Center and Nebraska Medicine, as well as the Metro Omaha Medical Society, have concluded that the wearing of face coverings by every individual while in public is one of the best methods to slow and stop the spread of COVID-19; and

(h) the wearing of face coverings by every individual while indoors in public places in the City of Omaha will reduce community transmissions of COVID-19, resulting in fewer deaths, serious health complications, and will ease the strain on hospitals and other medical offices and facilities; and

(i) the wearing of face coverings by every individual while indoors in public places in the City of Omaha will help keep businesses open and operating, encouraging economic growth and preventing prolonged economic harm; and

(j) it is just and proper for the City Council to exercise the authority granted to it by the Home Rule Charter of the City of Omaha and Nebraska statutes in furtherance of protecting the public health, safety, and welfare.

Sec. 12-42. – Definitions

For purposes of this Article, the following terms are defined as follows:

(1) Face Covering. - A face covering is defined as a covering which, when worn properly, must cover the nose and mouth completely and can include a paper or disposable face mask, a cloth face mask, a scarf, a bandanna, a neck gaiter, or a religious face covering. Medical-grade masks and respirators are sufficient face coverings, but to preserve adequate supplies, their purchase and use is discouraged for those who do not work in a health care setting or in other occupations that require medical-grade personal protective equipment. Masks that incorporate a valve designed to facilitate easy exhaling, mesh masks, or masks with openings, holes, visible gaps in the design or material, or vents are not sufficient face coverings because they allow exhaled droplets to be released into the air.

(2) Premises That Are Open to the General Public. - Premises that are open to the general public are broadly defined to include entities that employ or engage workers, including private-sector entities, public-sector entities, non-profit entities, regular commercial or business establishments, private clubs, religious centers or buildings, public transportation (including buses, taxis, ride-sharing vehicles, or vehicles used for business purposes), and any place which is generally open to the public, including educational institutions and daycare facilities.

Sec. 12-43. - Individual Facial Coverings Required.

All individuals age five (5) and older shall wear a face covering over their mouth and nose while indoors in a premises that is open to the general public including, but not limited to, educational institutions, unless the individual maintains a minimum of six (6) feet of separation or social distance at all times from anyone who is not a member of the individual’s household, except face coverings will not be required if the individual:

(1) is seeking federal, state, county, or city governmental services;

(2) is seated at a bar or restaurant to eat or drink, or while immediately consuming food or beverages;

(3) is engaged in an occupation preventing the wearing of a face covering;

(4) is obtaining a service or purchasing goods or services that requires the temporary removal of the face                 covering;

(5) is asked to remove a face covering to verify an identity for lawful purposes;

(6) is providing a speech, lecture, or broadcast to an audience so long as six (6) feet of distancing from other individuals is maintained; or

(7) cannot otherwise wear a face covering because of a medical condition, a mental health condition, or a  disability that makes it unreasonable for the individual to wear a face covering.

Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public from requiring an individual to wear a face covering during any of the circumstances enumerated above or from implementing a more restrictive face covering policy.

Sec. 12-44. - Premises That Are Open to the Public - Duty to Require Facial Coverings.

Any individual or entity which maintains premises that are open to the general public including, but not limited to, educational institutions, shall require all individuals age five (5) and older to wear a face covering over their mouth and nose while indoors in said premises. unless the individual maintains a minimum of six (6) feet of separation or social distance at all times from anyone who is not a member of the individual’s household, except face coverings will not be required if the individual:

(1) is seeking federal, state, county, or city governmental services;

(2) is seated at a bar or restaurant to eat or drink, or while immediately consuming food or beverages;

(3) is engaged in an occupation preventing the wearing of a face covering;

(4) is obtaining a service or purchasing goods or services that requires the temporary removal of the face                 covering;

(5) is asked to remove a face covering to verify an identity for lawful purposes;

(6) is providing a speech, lecture, or broadcast to an audience so long as six (6) feet of distancing from other individuals is maintained; or

(7) cannot otherwise wear a face covering because of a medical condition, a mental health condition, or a disability that makes it unreasonable for the individual to wear a face covering.

Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public from requiring an individual to wear a face covering during any of the circumstances enumerated above or from implementing a more restrictive face covering policy.

Sec. 12-45. - Notice of Face Covering Requirements.

Any individual or entity which maintains premises that are open to the general public, including but not limited to educational institutions, must post one or more signs that are visible to all persons - including workers, customers, and visitors - instructing them to wear face coverings as required by this Article.

Sec. 12-46. - Exceptions.

The provisions of this Article shall not apply to:

( 1) Courts of law; public utilities or federal, state, county, or city operations; medical providers, facilities, or pharmacies; congregate living centers or facilities; group homes and residential drug and/or mental health treatment facilities; shelters; airport travel; election offices; polling places on an election day; or           to residential dwelling units.

(2) Children under the age of five (5). While children ages three (3) and four (4) may wear a face covering if that child can remove the face covering without assistance, guidance from the CDC states that children two (2) years old and under should never wear a face covering due to the risk of suffocation.

(3) Federal and state activities. Nothing in this Article shall be construed to limit, prohibit, or restrict in any  way the operations of the federal or state government or the movement of federal or state officials in the city while acting in their official capacity, including federal and state judicial, legislative, and executive staff and personnel.

(4) Individuals at their workplace when wearing a face covering would create a job hazard for the individual  or others, as determined by federal, state, or local regulators or workplace safety and health standards  and guidelines.

(5) Individuals who are alone in an office, room, a vehicle, the cab of heavy equipment or machinery, or an  enclosed work area. In such situations, the individual should still carry a face covering to be prepared for  person-to-person interactions and to be used when the individual is no longer alone.

(6) Individuals who are seated at a desk or standing at a stationary work station, provided that the desk or  work station has a solid Plexiglas or plastic barrier installed upon it which cannot be moved.

(7) Individuals who are officiating at a religious service.

(8) Individuals communicating with other individuals who are deaf or hard of hearing or who have a  disability, medical condition, or mental health condition that makes communication with that individual  while wearing a face covering difficult, provided that minimum social distancing of six (6) feet or more is maintained to the extent possible between persons who are not members of the same household.

(9) Individuals who are engaged in activities, such as swimming or showering, where the face covering will  get wet.

(10) Individuals who are exercising in an indoor business or indoor space such as a gym or fitness center,  while the level of exertion makes it difficult to wear a face covering, provided that minimum social  distancing of six (6) feet or more is maintained at all times.

(11)  Individuals in an indoor premises that is generally open to the public while playing a musical instrument  that cannot be played when a face covering is worn, provided that a minimum social distancing of six  (6) feet or more is maintained at all times.

(12) Public safety workers actively engaged in a public safety role, including but not limited to law enforcement personnel, fire fighters, or emergency medical personnel, in situations where wearing a face covering would seriously interfere in the performance of the individual’s public safety responsibilities.

Sec. 12-47. - Public Nuisance Declared.

Any individual or entity which maintains premises that are open to the general public who fails to comply with the requirements of Section 12-44, above, is hereby declared to be a nuisance and a danger to the public health, safety, and welfare.

Sec. 12-48. - Application.

The provisions of this Article shall only apply to all persons and property within the corporate limits of the City of Omaha and shall not extend into the three (3) mile extraterritorial jurisdiction of the City.

Sec. 12-49. - Penalty.

Any individual or person who is found to have violated any of the provisions of this Article shall be guilty of a misdemeanor for each offense and shall be subjected to a fine of $25.00. Each instance of violation of this Article may be considered a separate offense.

Sec. 12-50. - Civil Abatement.

In addition to any other penalty sought or obtained under this Article or other applicable law, the City Attorney may institute injunctive or other appropriate civil proceedings necessary to obtain compliance with this Article or to abate any nuisance resulting from violations of this Article.

Sec. 12-51. - Sunset Provision.

The requirements imposed by this Article shall expire and terminate at 11:59 p.m. on September 15, 2020, unless otherwise extended by ordinance of the City Council.

Sec. 12-52. - Report Required.

The Health Director of the City of Omaha shall, on every Tuesday while the provisions of this Article remain in effect, prepare a report to be delivered to the Mayor and the City Council. The report shall contain information from the prior week on the status of COVID-19 infections in the City of Omaha, and shall include information on the current number of cases in the city, the number of new cases diagnosed, the number of tests performed, the positivity rate of those tests, the number of new deaths that have occurred, the Metro Omaha area hospital occupancy rate, the ventilator utilization rate, the COVID-19 hospitalization rate, a breakdown of cases by zip code, and any such other information that the Health Director deems relevant to the spread of COVID-19 within the City of Omaha.

Section 3. That Chapter 12, Article III, Sections 12-53 through 12-90 are hereby reserved for future use.

Section 4. The sections, subsections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, subsection, paragraph, 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 unconstitutionality shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses, or phrases of this Ordinance.

Section 5. This Ordinance, being emergency in nature, shall be in full force and take effect immediately upon its passage.

PASSED: August 11, 2020: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

8-19-20

––––––

AGENDA

CITY OF OMAHA PLUMBING BOARD

WEDNESDAY, AUGUST 26, 2020

PUBLIC HEARING – 1:30 PM

3RD FLOOR – JESSE LOWE

CONFERENCE ROOM

OMAHA/DOUGLAS CIVIC CENTER

1819 FARNAM STREET

APPROVAL OF MEETING MINUTES

Section 49-521: Request approval for waiver to tie into the sewer of an adjacent residence; 4034 King Street

Section 49-708: Request approval for waiver of urinal and handicap same sex restroom; 4801 S. 24 Street

Section 49-1503: Request approval for waiver to use existing well; 5710 Sargent Street

Section 49-703: Request approval for single unisex toilet room; 19111 Western Avenue (Lot 123 Five Fountains)

Section 49-250:  Request approval for renewal of expired journeyman’s license

APPROVAL OF APPRENTICESHIP AGREEMENTS

REVIEW OF EXAMINATION REQUESTS

DISCUSSION:  Future plumbing board meetings

NOTE: All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice.  If necessary, contact the Board Secretary at (402) 444-5150 ext. 2005.

The Plumbing Board reserves the right to amend the above agenda.  The Plumbing Board agenda and other information regarding the Plumbing Board and Planning Department are available on the Internet at http://www.cityofomaha.org/planning/boards/plumbing-board. Agendas available on the Internet are subject to change and are for convenience purposes only.  A copy of the official agenda, kept continually current, shall be available for public inspection at the office of the Omaha Planning Department, 1819 Farnam Street, Suite 1110, Omaha, Nebraska, during normal business hours.

Prior to the hearing, the applicant may schedule a time to review the City’s case file during normal business hours by contacting the Board Secretary at 402-444-5150 ext. 2005.  If an alternative (audio version) to this agenda is necessary, please notify the Board Secretary at 402-444-5150 ext. 2005, 72 hours in advance.

Martin Gomez,

Administrator

City of Omaha Plumbing Board

8-19-20

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