CITY OF OMAHA PUBLIC NOTICES 8/5/20
NOTICE
The Parks and Recreation Board of the City of Omaha will have a regular quarterly meeting at 2:00 p.m. on: Thursday, August 6, 2020 at the Dewey Dog Park Building, 550 Turner Blvd., Omaha, NE, 68105.
Proposed agenda kept continually current shall be available for public inspection in the Oma-ha/Douglas Civic Center at the Office of the Parks, Recreation, and Public Property Department. The Board shall have the right to modify the agenda at said public meeting when convened.
8-5-20
––––––
AGENDA
CITY OF OMAHA PLUMBING BOARD
WEDNESDAY, AUGUST 12, 2020
PUBLIC HEARING – 1:30 PM
3RD FLOOR – JESSE LOWE
CONFERENCE ROOM
OMAHA/DOUGLAS CIVIC CENTER
1819 FARNAM STREET
APPROVAL OF MEETING MINUTES
Chapter 49: Request approval for renewal of approved apprenticeship program curriculum; Plumbers Local Union #16
Section 49-1103: Request approval for waiver of grease interceptor
Section 49-251: Request approval for waiver to tie into the sewer of an adjacent residence
Section 49-703(d): Request approval for waiver of travel distance from any point within a building to the restroom(s) that exceeds 200 feet
Section 49-708: Request approval for waiver of urinal and handicap same sex restroom
Section 49-250: Request approval for renewal of expired apprentice license
Section 49-250: Request approval for renewal of expired sewer layers license
APPROVAL OF APPRENTICESHIP AGREEMENTS
REVIEW OF EXAMINATION REQUESTS
DISCUSSION:
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
8-5-20
––––––
CITY OF OMAHA
Notice is hereby given that the City Council of the City of Omaha met on July 28, 2020 and passed and approved the following ordinances:
ORDINANCE NO. 42280
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 5110 Spaulding Street from R4(35)-Single-Family Residential District (high 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: Lots 1-4, Jobman Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from R4(35)-Single-Family Residential District (high density) to R5- Urban Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.
First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42281
AN ORDINANCE to approve a PUD-Planned Unit Development Overlay District in an RS-Urban Family Residential District located at 5110 Spaulding Street, to approve the Development Plan, 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 55-584 through 55-594 of the Omaha Municipal Code, a PUD-Planned Unit Development 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: JOBMAN ADDITION, 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 July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42284
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 no1theast of 14th and Nicholas Streets from CBD-Central Business District and HI-Heavy Industrial District to CBD-Central Business 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 amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 1-3, Lots 6-7 and Outlot A, Mill work Commons, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from CBD-Central Business District and HJ-Heavy Industrial District to CBD-Central Business District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.
First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42285
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 14th and Nicholas Streets from CED-Central Business District and HI-Heavy Industrial District to HI-Heavy Industrial 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 amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 4-5, Millwork Commons, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from CED-Central Business District and HI-Heavy Industrial District to HI-Heavy Industrial District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.
First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42286
AN ORDINANCE to amend the boundaries of the NCE-Neighborhood Conservation Overlay District, to incorporate into that district the property located northeast of 14th and Nicholas Streets; to approve an amendment to the Urban Design Element of the Master Plan for the City of Omaha to incorporate the Millwork Commons NCE District Plan into the Master Plan, and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The purpose of adopting this NCE district is to protect the area from incompatible development and to eliminate barriers posed by current zoning, which may prohibit compatible development. Section 2. In accordance with Sections 55-601 through 55-608.1 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 1-3, Lots 6-7 and Outlot A, Millwork Commons, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned to be included in and incorporated into the NCE district of the Neighborhood Conservation Overlay District; provided, that the base zoning district for such prope1iy shall not be changed by this ordinance. A map of the area is attached hereto, marked Exhibit “A”, and by this reference made a part of this Ordinance. The land to be included in this rezoning is marked thereon, but said map is for convenience and, in case of discrepancy, the aforementioned legal description shall be controlling. Section 3. Section 7 .05 of the Charter of the City of Omaha allows for the City Council to adopt amendments to the City’s Master Plan as deemed necessary and appropriate upon recommendation by the Planning Board. Section 4. The Planning Board, at their November 6, 2019 public hearing, recommended approval of the proposed amendment to the Urban Design Element of the City’s Master Plan as provided for on Exhibit “B” attached hereto and made a pa1t hereof by this reference. Section 5. The said proposed amendment to the City’s Master Plan, as set forth in the attached Exhibit “B”, is hereby approved. Section 6. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.
First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42287
AN ORDINANCE to rescind the ACI-1-Areas of Civic Importance Overlay District, for property located northeast of 14th and Nicholas Streets, and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section l. In accordance with Sections 55-671 through 55-680 of the Omaha Municipal Code, the ACI-1-Areas of Civic Impo1tance Overlay District is hereby rescinded, for the following described land in Douglas County, Nebraska: Lots 1-3, Lots 6-7 and Outlot A, Millwork Commons, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.
First Reading July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42288
AN ORDINANCE to approve a PUR-Planned Unit Redevelopment Overlay District in a GO-General Office District (property is located within an ACI-Areas of Civic Importance Overlay District), located southwest of 72nd Street and West Center Road, to approve the Development Plan, and to provide for an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section I. 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, Meridian Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, and part of the east 633 feet of the north 525 feet of the northeast quarter of section 35, Township 15 north, range 12 east of the 6th p.m. and a vacated portion of Oak Street, surveyed 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 July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42282
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 3737 Lake Street from GI-General Industrial District 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: LANDS SEC-TWN-RGE 08-15-13 IRREG W 655 E 1126.5 S 120 N 153 FT SE 1/4 SE 1/4, surveyed and recorded in Douglas County, Nebraska, is hereby rezoned from GI-General Industrial District 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 July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42283
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 4723 South 49th Avenue from DR-Development Reserve District 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: Lot 32 and the south 4 feet of Lot 33, West L Street Acres, a subdivision, surveyed and recorded in Douglas County, Nebraska, is hereby rezoned from DR-Development Reserve 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 July 14, 2020; Second Reading July 21, 2020; Third Reading, Public Hearing and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42276
AN ORDINANCE vacating a portion of the north/south alley south of Vinton Street, between 17th and 18th Streets, abutting Lots 4 and 5, Block O of J E Riley’s Subdivision Addition, Douglas County, Nebraska; and providing the effective date hereof. WHEREAS, Neb. Rev. Stat. Section 14-375 provides that the City Council may vacate a street or alley without petition upon City Planning Board recommendation; and, WHEREAS, the Statute further provides that a Committee of Appraisers be appointed to appraise damages, if any, to property affected by the vacation; and, WHEREAS, Resolution No. 666 adopted June 25, 2019, appointed Vinny Palermo, Rich Pahls, and Pete Festersen members of the City Council, to assess damages to all property affected by the vacation; and, WHEREAS, on June 9, 2020, the Committee of Appraisers held a meeting at 1 :30 p.m. in the Legislative Chambers, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, at which meeting no cause for any damages was found as a result of the vacation; and, WHEREAS, the City Council finds there are no damages as a result of this vacation, and that such vacation should be approved; and,
, WHEREAS, Fair Market Value has been waived and none required for the conveyance of the right-of-way to be vacated. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. A portion of the north/south alley south of Vinton Street, between 17th and 18th Streets, abutting Lots 4 and 5, Block O of J E Riley’s Subdivision Addition, Douglas County, Nebraska, platted and recorded in Douglas County; be, and hereby is, vacated and without further act of the City, title to the vacated right-of-way shall pass to the abutting owner of said property thereof; the vacating of the property herein described, and the reversion thereof, pursuant to applicable law, shall be subject to the conditions and limitation that there is reserved to the City of Omaha the right to maintain, operate, repair and renew sewers now existing therein and in the future to construct, maintain, repair and renew additional or other sewers; and also the right to authorize the public utilities and cable television systems to construct, maintain, repair or renew and operate now or hereafter installed water mains and gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines and other similar services and equipment and-appurtenances above, on and below the surface of the ground for the purpose of serving the general public or abutting property; and the right so reserved shall also include such lateral connection or branch lines as may be ordered, desired or permitted by the City or such other utility and to enter upon the premises to accomplish the above purposes at any and all times. No buildings, improvements, or other structures shall be placed ·in, on, over, or across said vacated right-of-way without express written approval of the City. All vegetation upon the premises, including but not limited to, trees, bushes, and crops, and all structures upon the premises, including but not limited to, buildings, walls, fences, drives and walks, may be damaged or removed as necessary in the exercise of the rights herein reserved without compensation to any person. Section 2. That the property be divided as such; Title of the portion of the alley abutting Lots 4 and 5, Block O of J E Riley’s Subdivision Addition, will be passed to the City of Omaha. Section 3. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42277
AN ORDINANCE vacating the north/south alley south of Charles Street, east of North 18th Street to the dead end, abutting Lots 10 through 15, Block C of Horbach’s Subdivision in Horbach’s 1st Addition, and Lot 1, Block O of Omaha Campus of Hope Addition, and Lot 2, Block .o of New Visions Condos Addition, platted and recorded in Douglas County; and providing the effective date hereof. WHEREAS, Neb. Rev. Stat. Section 14-375 provides that the City Council may vacate a street or alley without petition upon City Planning Board recommendation; and, WHEREAS, the Statute further provides that a Committee of Appraisers be appointed to appraise damages, if any, to property affected by the vacation; and, WHEREAS, Resolution No. 666 adopted June 25, 2019, appointed Vinny Palermo, Rich Pahls, and Pete Festersen members of the City Council, to assess damages to all property affected by the vacation; and, WHEREAS, on June 9, 2020, the Committee of Appraisers held a meeting at 1 :30 p.m. in the Legislative Chambers, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha,. Nebraska, at which meeting no cause for any damages was found as a result of the vacation; and, WHEREAS, the City Council finds there are no damages as a result of this vacation, and that such vacation should be approved; and, WHEREAS, Fair Market Value has been waived and none required for the conveyance of the right-of-way to be vacated. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the north/south alley south of Charles Street, east of North 18th Street to the dead end, abutting Lots 10 through 15, Block C of Horbach’s Subdivision in Horbach1s 1st Addition, and Lot 1, Block O of Omaha Campus of Hope Addition, and Lot 2, Block O of New Visions Condos Addition, as surveyed, platted and recorded in Douglas County; be, and hereby is, vacated and without further act of the City, title to the vacated right-o-f-way shall pass to the abutting owner of said property .thereof; the vacating of the property herein described, and the reversion thereof, pursuant to applicable law, shall be subject to the conditions and limitation that there is reserved to the City of Omaha the right to maintain, operate, repair and renew sewers now existing therein and in the future to construct, maintain, repair and renew additional or other sewers; and also the right to authorize the public utilities and cable television systems to construct, maintain, repair or renew and operate now or hereafter installed water mains and gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission ‘lines and other similar services and equipment and appurtenances above, on and below the surface of the ground for the purpose of serving the general public or abutting property; and the right so reserved shall also include such lateral connection or branch lines as may be ordered, desired, or permitted by the City or such other utility and to enter upon the premises to accomplish the above purposes at any and all times. No buildings, improvements, or other structures shall be placed in, on, over, or across said vacated right-of-way without express written approval of the City. All vegetation upon the premises, including but not limited to, trees, bushes, and crops, and all structures upon the premises, including but not limited to, buildings, walls, fences, drives and walks, may be damaged or removed as necessary in the exercise of ·the rights herein reserved without compensation to any person. Section 2. That the property be divided as such; Title of the southern portion of the alley abutting the southern 30 feet of Lot 11 and Lots 12 through 15, Block C of Horbach’s Subdivision in Horbach’s 1st Addition, will be passed to the abutting property owner of 1425 North 18th Street, New Visions Homeless Services; and, title of the northern portion of the alley abutting Lot 10 and the northern 30 feet of Lot 11, Block C of Horbach’s Subdivision in Horbach’s 1st Addition, will be passed to the City of Omaha. Section 3. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
SPECIAL ORDINANCE NO. 10281
A SPECIAL ORDINANCE levying a special tax and assessment on all lots and pieces of real estate within Street Improvement District (SID) 6880, in the City of Omaha, to cover the cost of constructing and improving South 164th Street, from Poppleton Avenue to Peterson Drive, in Portland cement concrete, and to provide an effective date hereof. WHEREAS, it having been and being hereby adjudged, determined and established that the several lots and pieces of real estate hereinafter referred to have each been specially benefited to the full amount herein levied and assessed against each of said lots and pieces of real estate, respectively, by reason of the improvement of the street within SID 6880 by the City of Omaha. THEREFORE, for the purpose of paying the cost of said improvements BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the cost of SID 6880, being the improvement of North South 164th Street, from Poppleton Avenue to Peterson Drive, in Portland cement concrete, said cost being $200,545.38, be and the same is hereby levied and assessed according to special benefits by reason of said improvement upon the following described lots and pieces of real estate within the City of Omaha as shown by the generally recognized maps, plats, and ordinances of the City of Omaha, or by the maps, plats, and records on file in the office of the City Engineer of said City, said cost being so levied on said lots and pieces of real estate, respectively, as set forth as follows. Section 2. That said special taxes aforesaid on said lots, respectively, shall become delinquent per the “Monetary Table for Assessing” as follows:
MONETARY TABLE FOR ASSESSING
Amount of Assessment No. of Years Principal Payment Each Year
$ 1.00 to $ 499.99 Total to be paid within 50 days
$ 500.00 to $ 999.99 2 1/2
$1,000.00 to $1,499.99 3 1/3
$1,500.00 to $1,999.99 4 1/4
$2,000.00 to $2,499.99 5 1/5
$2,500.00 to $2,999.99 6 1/6
$3,000.00 to $3,499.99 7 1/7
$3,500.00 to $3,999.99 8 1/8
$4,000.00 to $4,499.99 9 1/9
$4,500.00 to $5,499.99 10 1/10
$5,500.00 to $5,999.99 11 1/11
$6,000.00 to $6,499.99 12 1/12
$6,500.00 to $6,999.99 13 1/13
$7,000.00 to $7,499.99 14 1/14
$7,500.00 to $7,999.99 15 1/15
$8,000.00 to $8,499.99 16 1/16
$8,500.00 to $8,999.99 17 1/17
$9,000.00 to $9,499.99 18 1/18
$9,500.00 to $9,999.99 19 1/19
$10,000.00 and above 20 1/20
Each of said installments, except the first, shall draw interest at the rate of 5.00 percent per annum from the time of the levy aforesaid until the same shall become delinquent. Where the individual assessment is Four Hundred Ninety Nine and 99/100 Dollars ($499.99) or less the total amount shall become delinquent fifty days (50) from and after the passage and approval of this Ordinance. Interest at the rate of fourteen percent per annum, as provided by State law, payable in advance shall be paid on each delinquent installment or on each delinquent assessment of Four Hundred Ninety Nine and 99/100 Dollars ($499.99) or less. Section 3. That the entire amount of tax so levied and assessed on any of said lots, or the entire equal pro-rate proportion of said tax on any of said lots, may be paid by any person on any part of said lots within fifty days from said levy and, thereupon, said lots or parts of lots shall be exempt from any lien or charge thereto. Section 4. That this Ordinance, being administrative in nature, shall take effect and be in full force upon the date of its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42271
AN ORDINANCE to amend certain portions of Special Ordinance No. 10277, levying a special tax and assessment on certain lots, parts of lots, and pieces of real estate in the City of Omaha, to cover the cost of constructing sidewalks in District No. S WR 2019-01, to reduce the assessment on the property listed below in the amount of $638.40 plus accrued interest; and to provide the effective date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That such portion of Special Ordinance No. 10277, passed May 5, 2020, relating to and levying the special assessments to cover the cost of constructing sidewalks on the following described properties: Page 37, Item #3, CORRIGAN, MARQ Pat 4743 S 16 ST OMAHA, NE 68107.WORK ORDER: 530571 Parcel: 1139440002, LOT: 10 BLOCK 0, LOTS 9 & 10, 80 X 130, FREEMANS ADD TO SO OMAHA, 4743 S 16 ST. New Recommended Assessment $859.20. Original assessed amount of $1497.60; reduced due to Property Owner completing 75 SF of the repair. Section 2: That Special Ordinance No 10271 be and hereby is amended to reduce the said assessment and accrued interest thereon; and that the total amount of Special Ordinance No. 10277 be amended accordingly. Section 3. This Ordinance shall be in full force and take effect fifteen days from and after its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42272
AN ORDINANCE approving an Agreement between the City of Omaha, Nebraska, the Omaha Public Power District (OPPD), and the Heartwood Preserve Master Property Owners Association (S&ID 583), involving the payment of money 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 the terms and conditions under which the Heartwood Preserve Master Property Owners Association will hire and pay a contractor to install and maintain non-City standard street lights throughout the Heartwood Development (S&ID 583); to authorize the Finance Department to pay annual sums following future annexation of the Heartwood Preserve Development, not to exceed the agreed to baseline amount for City Standard street lights from the Street and Highway Allocation Fund 12131, Street Lighting Organization 116211; and to provide an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City Council of the City of Omaha hereby approves the Agreement between the City of Omaha, Nebraska, OPPD, and the Heartwood Preserve Master Property Owners Association (S&ID 583), which by this reference is made a part hereof, that outlines the terms and conditions under which the Heartwood Preserve Master Property Owners Association will hire and pay a contractor to install and maintain non-City standard street lights throughout the Heartwood Development and details ownership and maintenance costs after the Development is annexed at a future date where the City does not incur additional expenses above standard street lighting costs due to the approval of non-City standard street lights, is hereby approved. Section 2. That the payments to Heartwood Preserve Master Property Owners Association for this agreement, involving appropriations of more than one year, are authorized in accord with Section 5.17 of the Home Rule Charter of 1956, as amended. Section 3. That the Finance Department is authorized to make annual payments for the amount not to exceed the standard street lighting costs, as specified under the agreement, from the Street and Highway Allocation Fund 12131, Street Lighting Organization 116211. Section 4. That this Ordinance, being administrative in character shall take effect and be in full force upon the date of its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42278
AN ORDINANCE to approve an Amendment to the Land Use Element of the Omaha Master Plan to expand the density corridor designation along the existing corridors of West Center, West Dodge and West Maple Roads, and to add a 204th Street corridor. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section I. Section 7.05 of the Charter of the City of Omaha allows for the City Council to adopt amendments to the City’s Master Plan as deemed necessary and appropriate upon recommendation by the Planning Board. Section 2. The Planning Board, at their June 3, 2020, public hearing, recommended approval of the proposed amendment as provided for on Exhibit “A” attached hereto and made a part hereof by this reference. Section 3. The said proposed amendment to the City’s Master Plan, as set forth in the attached Exhibit “A” is hereby approved. Section 4. That this Ordinance shall be in full force and effective fifteen (15) days from the date of its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42279
AN ORDINANCE to approve an Amendment to the Transportation Element of the Omaha Master Plan to expand the density corridor designation along the existing corridors of West Center, West Dodge and West Maple Roads, and to add a 204th Street corridor. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Section 7 .05 of the Charter of the City of Omaha allows for the City Council to adopt amendments to the City’s Master Plan as deemed necessary and appropriate upon recommendation by the Planning Board. Section 2. The Planning Board, at their June 3, 2020, public hearing, recommended approval of the proposed amendment as provided for on Exhibit “A” attached hereto and made a part hereof by this reference. Section 3. The said proposed amendment to the City’s Master Plan, as set forth in the attached Exhibit “A” is hereby approved. Section 4. That this Ordinance shall be in full force and effective fifteen (15) days from the date of its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42273
AN ORDINANCE approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and 381h & Leavenworth, LLC (subsidiary of Burlington Capital), a Nebraska limited liability company, to implement the 3814 Leavenworth Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 3814 Leavenworth Street, which proposes an infill redevelopment project that will transform a vacant site into a five-story, multi-family, market-rate 172 unit apartment building comprised of studios, one- and two-bedroom units and enclosed parking; the agreement authorizes the use of up to $3,300,000.00, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA; Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Redevelopment Agreement between the City of Omaha and 381h & Leavenworth, LLC (subsidiary of Burlington Capital), a Nebraska limited liability company, to authorize the use of up to $3,300,000.00, plus accrued interest, to offset TIF eligible costs such as acquisition, architectural and engineering fees, environmental fees for SWPP Management, and public improvements as required, for a project with total estimated costs of $28,156,488.00; including any other documents in connection with the Redevelopment Agreement necessary or appropriate to consummate the loan. Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the Nebraska Community Development Law and Sections 18-2147 through 18-2150; and, are not otherwise obligations of the City of Omaha. Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42274
AN ORDINANCE to accept the bid of Waste Management in the total amount of $30,645.00 to provide rubbish container services to the four (4) 18-hole Golf Courses, located at Benson Golf Course, Elmwood Golf Course, Johnny Goodman Golf Course and Knolls Golf Course; and to the four (4) 9-hole Golf Courses, Spring lake Golf Course, Steve Hogan Golf Course, Warren Swigart Golf Course and Westwood Golf Course, Omaha, Nebraska. This is a one year agreement, with the option to renew for two (2) one-year terms, to authorize annual payments as specified therein in the amount of $10,215.00 per year, for a total amount of $30,645.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the bid of Waste Management in the total amount of $30,645.00 to provide rubbish container services will begin August 1, 2020 for the Golf Division for the Parks, Recreation and Public Property Department, attached hereto and made a part hereof is hereby accepted. Section 2. That the Finance Director of the City of Omaha is authorized to make payments in accordance therewith from the Golf Operations Fund No. 21114 and Organization Nos. 115511 -Johnny ·Goodman Golf Course ($7,155.00), 115512 -Benson Golf Course ($5,346.00), 115513 -Elmwood Golf Course ($5,346.00), 115519 -Knolls Golf Course ($5,346.00), 115515 -Warren Swigart Golf Course ($1,863.00), 115516 -Steve Hogan Golf Course ($1,863.00), 115517 -Spring Lake Golf Course ($1,863.00) and 115518 -Westwood Golf Course ($1,863.00) Section 3. That this Ordinance, not being of legislative character, shall be in force and take effect immediately upon its date of passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42275
AN ORDINANCE to ratify an Investment Manager Agreement involving the payment of funds from appropriations of more than one (1) year in accordance with Section 5.17 of the Home Ruler Charter of the City of Omaha, 1956, as amended, between the City of Omaha and Scout Investments, Inc.; to provide services as an investment manager to invest and reinvest City assets as determined by the Finance Director with such fees to be based on a ratio of the assets being invested at 0.10% for the first hundred million and 0.05% for any amount over that; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The authority is hereby given to ratify the execution of the attached Investment Manager Agreement between the City of Omaha and Scout Investments, Inc. to provide service as an investment manager for City assets in accordance with investment guidelines determined by the City. Section 2. The Finance Director is authorized to make payment pursuant to the Fee Schedule attached as Exhibit “B” to such Investment Manager Agreement at a rate of 0.10% of the first hundred million dollars invested and an excess of 0.05% for amounts thereafter. Section 3. That this Ordinance not being legislative in character, shall take full force and effect upon its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
ORDINANCE NO. 42289
AN ORDINANCE to amend Omaha Municipal Code, Chapter 13, Article IV, entitled “Fair Housing,” Sections 13-300, 13-321, 13-322. 13-323, and 13-330; to add provisions prohibiting housing discrimination on the basis of sexual orientation and gender identity; and to provide an effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Chapter 13, Article IV of the Omaha Municipal Code, entitled “Fair Housing,” is hereby amended to read as follows:
Section 13-300. -General Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
(a) Age: All ages 40 and above.
(b) Aggrieved person: Any person who:
(1) Claims to have been injured by a discriminatory housing practice; or
(2) Believes that such person will be injured by a discriminatory housing practice that is about to occur.
(c) Complaint: A written statement under oath or affirmation which alleges an unlawful practice and which is filed with the director.
(d) Complaint filed with the director: A complaint which is received and accepted by the director for further action.
(e) Complainant: The individual making a complaint alleging an unlawful practice, or the director.
(f) Conciliation: The attempted resolution of issues raised by a complaint filed pursuant to this article, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the director.
(g) Conciliation agreement: A written agreement setting for the resolution of the issues in the conciliation.
(h) Director: The human rights and relations director or a designate.
(i) Discrimination: Any act or failure to act, whether by itself or as a part of a practice, the effect of which is to differentiate between or among individuals or groups of individuals by reason of race, color, creed, religion, sex, sexual orientation, gender identity, marital status, national origin, age, disability/handicap or familial status.
(j) Disability/handicap: The physical or mental condition of an individual who:
(1) Has a physical or mental impairment which substantially limits one or more major life activities;
(2) Has a record of such impairment; or
(3) Is regarded as having such impairment; but such does not include current, illegal use or addiction to a controlled substance as defined by federal and state law.
(k) Dwelling: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residency by one or more families, and any vacant land which is offered for sale or lease of the construction or location thereon of any such building, structure, or portion thereof.
(l) Familial status: One or more individuals who have not attained the age of 18 years, being domiciled with:
(1) A parent or another person having legal custody of such individual or individuals.
(2) The designee of such parent or other parent having such custody with the written permission of such parent or another person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing the legal custody of any individual who has not attained the age of 18.
(m) Financial institution:
(1) Any bank, banking organization, mortgage company, insurance company or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance or improvement of real property; or
(2) Any agent of a financial institution.
(n) Gender identity: The actual or perceived appearance, expression, identity or behavior of a person as being male or female, whether or not that appearance, expression, identity or behavior is different from that traditionally associated with the person’s designated sex at birth.
(o) Hearing board: The civil rights hearing board established commencing at section 13-123 of this chapter.
(p) Housing accommodation: Any unit of real property which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals.
(q) Individuals: Includes individuals.
(r) Marital status: The state of being married, single divorced, separated or widowed, or the changing of such state.
(s) National origin: Ancestry, lineage, name, place of birth or any factor indicative of any of these; includes the national origin of an ancestor.
(t) Person: Any individual, association, committee, corporation, joint apprenticeship committee, joint-stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated organization, and any other legal or commercial entity, a city, a political subdivision, or any governmental entity or agency, excluding the United States of America and the State of Nebraska, or any agent or representative of any of the foregoing.
(u) Real property: Any buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums and hereditaments, corporeal and incorporeal, or any interest therein.
(v) Real property transaction: Exhibiting, listing, advertising, negotiating, agreeing to transfer or transferring, whether by sale, lease, sublease, rent, assignment or other agreement, any interest in real property.
(w) Respondent: Any person against whom a complaint has been filed.
(x) Sex: The state of being either male or female.
(y) Sexual orientation: Actual or perceived heterosexuality, homosexuality, or bisexuality.
(z) Unlawful practice: A practice or act within the city which is designated as discriminatory under the terms of this article.
Note: Neither the term “individual with handicaps” nor the term “handicap” shall apply to an individual solely because that individual is a transvestite.
Sec.13-321. -Unlawful practices generally.
For purposes of this article, it is unlawful practice for any person, wholly or partially, because of race, color, creed, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability/handicap or familial status to do any of the following
(a) To fail or refuse to negotiate or engage in real property transaction with a person.
(b)To discriminate against a person in the terms, conditions or privileges of a real property transaction or in the furnishing of facilities or services in connection therewith.
(c) To include in the terms or conditions of a real property transaction any discriminatory clause, condition or restriction.
(d) To refuse to receive or to fail to transmit a bona fide offer to engage in a real property transaction.
(e) To represent falsely that an interest in real property is not available for transaction.
(f) To print, publish, circulate or display or cause to be printed, published, circulated or displayed any advertisement, notice or statement in connection with any prospective real property transaction which indicates, directly or indirectly, a discriminatory limitation or specification or any intention to make such discriminatory limitation or specification.
(g) To offer, solicit, accept, use or retain a listing of real property in such a way that a person is likely to be discriminated against in a real property transaction or in the furnishing of facilities or services in connection therewith.
(h) To deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers’ organization, appraisal service or other service, organization or facility relating to the business of selling or renting real property, or to discriminate against any person in the terms or conditions of such access, membership or participation.
(i) To do any of the following:
(1) Resist, prevent, impede or interfere with the director in the lawful performance of duty under this article.
(2) Obstruct or prevent a person from complying with the provisions of this article.
(3) Retaliate against, coerce, intimidate, threaten or interfere with a person because the person:
1. Has alleged the existence of a practice unlawful under this article.
2. Has opposed a practice forbidden by this article.
3. Has made a complaint, testified, assisted or participated in an investigation, proceeding or hearing under this article.
Sec. 13-322. -Unlawful financial practices.
For the purposes of this article, it is an unlawful practice for any financial institution to do any of the following:
(a) To discriminate against a person, wholly or partially, because of race, color, creed, religion, sex, sexual orientation, gender identity, marital status, familial status, national origin, age or disability/handicap in granting, withholding, extending, modifying or renewing the rates, terms, conditions, privileges or other provisions of financial assistance or in the extension of services in connection therewith.
(b) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with application for financial assistance which indicates, directly or indirectly, a limitation, specification or discrimination as to race, color, creed, religion, sex, sexual orientation, gender identity, marital status, familial status, national origin, age or disability/handicap or an intention to make such a limitation, specification or discrimination.
(c) To consider the race, color, creed, religion, sex, sexual orientation, gender identity, marital status, familial status, national origin, age or disability/handicap of the occupants of the neighborhood in which real property is located in granting, withholding, extending, modifying or renewing the rates, terms, conditions, privileges or other provisions of financial assistance in the extension of services in connection therewith.
(d) To consider race, color, creed, religion, sex, sexual orientation, gender identity, marital status, familial status, national origin, age or disability/handicap in making or purchasing a loan or providing financial assistance for purchasing, constructing, rehabilitating or maintaining a dwelling or secured by real estate.
Sec. 13-323. - Blockbusting.
For purposes of this article, it is an unlawful practice for a person, for profit, to induce or attempt to induce any person to engage in a real property transaction by representations regarding the entry of a prospective entry into the block, neighborhood or area of:
(a) A person of a particular race, color, creed, religion, sex, sexual orientation, gender identity, marital status, familial status, national origin or age; or
(b) A person having a particular disability/handicap.
Sec. 13-330. -Real estate transaction exemptions.
Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, creed, age, marital status, religion, national origin, sex, sexual orientation, gender identity, handicap, or familial status, or a financial institution to take into consideration a person’s ability and willingness to repay any such financial assistance; or limits to applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
Section 2. 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 3. That this Ordinance shall be in full force and take effect 15 days from and after the date of its passage.
First Reading July 14, 2020; Second Reading and Public Hearing July 21, 2020; Third Reading and Vote July 28, 2020
PASSED: July 28, 2020: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk
8-5-20
––––––
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