CITY OF OMAHA

Notice is hereby given that the City Council of the City of Omaha met on September 1, 2020 and passed and approved the following ordinances:

ORDINANCE NO. 42311

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 201 North 90th Street from RI-Single-Family Residential District (Large Lot) and R2-Single-Family Residential District (Low-Density) to RS-Urban Family Residential 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: The south 350 feet of the east 447 feet of the west 480 feet of the northwest 1/4 of the northeast 1/4 of Section 22, Township 15, Range 12, as surveyed and recorded in Douglas County, Nebraska, is hereby rezoned from RI-Single-Family Residential District (Large Lot) and R2-Single-Family Residential District (Low-Density) to RS-Urban Family Residential District.; and Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading August 18, 2020; Second Reading August 25, 2020; Third Reading, Public Hearing and Vote September 1, 2020

PASSED: September 1, 2020: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

9-9-20

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ORDINANCE NO. 42312

AN ORDINANCE to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 201 North 90th 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 350 feet of the east 447 feet of the west 480 feet of the northwest 1/4 of the northeast 1/4 of Section 22, Township 15, Range 12, as surveyed 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 August 18, 2020; Second Reading August 25, 2020; Third Reading, Public Hearing and Vote September 1, 2020

PASSED: September 1, 2020: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

9-9-20

––––––

ORDINANCE NO. 42313

AN ORDINANCE authorizing the acceptance of the bid from Arrow Towing of Omaha for accident and violation towing services for the Omaha Police Department for three years, with the option to extend on a yearly basis for three additional years, at the sole option of the City of Omaha, as the only bid received, to authorize payment from appropriations of more than one fiscal year, in accordance with the provisions of Section 5.17, Home Rule Charter of 1956, as amended; to provide for payments from a specific account; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:

Section 1. That the bid from Arrow Towing of Omaha for accident and violation towing services effective for three years, with the option to extend on a yearly basis for three additional years, based on the bid received for this service on July 15, 2020, is the only bid and is hereby approved. Section 2. That the award of this bid is made in accordance with the provisions of Section 5.17, Home Rule Charter of the City of Omaha of 1956, as amended. Section 3. That payment made for these towing services shall be paid from the General Fund 11111, Organization 113142 Impound Facility, Account 42259 Violation Tow-In. Section 4. That this Ordinance, being administrative in nature, shall become effective and be in full force upon the date of passage.

First Reading August 18, 2020; Second Reading and Public Hearing August 25, 2020; Third Reading and Vote September 1, 2020

PASSED: September 1, 2020: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

9-9-20

––––––

ORDINANCE NO. 42314

AN ORDINANCE (1) to approve an agreement between the City of Omaha and the Women’s Center for Advancement in the amount of forty-six thousand six hundred and forty-five dollars and forty-five cents ($46,644.45); and (2) to authorize funding for such agreement from the City of Omaha’s FY 2019 STOP Violence Against Women (VAWA) Grant, Award #2019-WF-AX-0004 Sub-Grant #197-2021-VW4008 and FY 2017 STOP VAWA Grant, Award #2017-WF-AX-0004 Sub-Grant #197-2021-VW4008, awarded by the Nebraska Crime Commission; to provide partial funding for one (1) full-time Client Attorney and one (1) full-time Victim Advocate, Supplies, and Indirect Costs as part of the Douglas County Community Response Team; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the agreement between the City of Omaha and the Women’s Center for Advancement in the amount of forty-six thousand six hundred and forty-five dollars and forty-five cents ($46,644.45), budgeted from the Nebraska Crime Commission FY 2019 STOP Violence Against Women (VAWA) Grant, Award #2019-WF-AX-0004 Sub-Grant #197-2021-VW4008 and FY 2017 STOP VAWA Grant, Award #2017-WF-AX-0004 Sub-Grant #197-2021-VW4008, for partial funding of one (1) full-time Client Attorney and one (1) full-time Victim Advocate, Supplies, and Indirect Costs as part of the Douglas County Community Response Team, is hereby approved. Section 2. That, the agreement extends from July 1, 2020 to June 30, 2021, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, total expenditures as outlined in the attached agreement, from such grant funds and involving appropriations of more than one year, are hereby approved and that the Finance Director is authorized to make payment in accordance therewith. Section 4. That this ordinance being administrative, and not legislative, in character shall be in full force and take effect immediately upon passage.

First Reading August 18, 2020; Second Reading and Public Hearing August 25, 2020; Third Reading and Vote September 1, 2020

PASSED: September 1, 2020: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

9-9-20

––––––

ORDINANCE NO. 42310

AN ORDINANCE to amend Chapter 12, Article III, entitled “Prevention of COVID-19,” Sections 12-41 through 12-52, of the Omaha Municipal Code; to establish minimum size and font requirements for the notice contained therein, to add an exception for individuals engaged in a team sports activity, and to extend the sunset provision of this Article; and to provide the effective date thereof. 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 continued community transmission of confirmed COVID-19 cases within the City limits of the City of Omaha, a danger to the public health, safety, and welfare continues to exist within the City of Omaha. This ordinance seeks to amend the requirements contained herein on the imposition 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 are hereby amended 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) has 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 of COVID-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. The signs required by this Section must be printed on a poster or paper that is a minimum size of 8.5 inches by 11 inches and be written or typed in a legible font or typeface that is no smaller than 12 points of leading or 12-point type.

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 workstation, provided that the desk or workstation 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 premise 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) Individuals actively participating in a team sports activity, while the level of exertion makes it difficult to wear a face covering.

(13) 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.

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. 12-47. -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 October 20, 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. 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 shall be in full force and take effect 15 days from and after the date of its passage.

First Reading August 11, 2020; Second Reading and Public Hearing August 18, 2020; Third Reading and Vote September 1, 2020

PASSED: September 1, 2020: 5-2

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

9-9-20

––––––

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 Lanjo, Inc. DBA Burn Off Services for an historical construction permit for the metal processing facility at 13411 B Street in Omaha, NE. The potential emissions, in tons, for this project are: TSP 0.09, PM10 0.09, PM2.5 0.09, SOx 0.04, NOx 0.45, VOC 0.09, and CO 0.04.

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 September 9, 2020 to October 9, 2020. 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:

Dan May

Public Works

Air Quality Control

5600 S. 10th Street

Omaha, NE 68107

402-444-3915

9-9-20

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