City of Omaha Public Notices
City of Omaha Public Notices 
CITY PUBLIC NOTICES 3/20/19  03/20/19 9:50:46 AM

 

CITY WITH HEADER

 

 

ORDINANCE NO. 41762

AN ORDINANCE to amend Chapter 40 of the Omaha Municipal Code entitled "Mechanical"; to amend code sections therein to conform with previous code changes; to amend sections 40-591, 40-592, 40-601 as heretofore existing; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Sec. 40-591 of the Omaha Municipal Code is hereby amended to read as follows: Section 40-591. - International Mechanical Code - Adopted. There is hereby adopted by the city the International Mechanical Code, 2006 2012 edition, as published by the International Code Council. This code shall establish rules and regulations for the design, installation, maintenance, alteration, repair, relocation, replacement and inspection of mechanical systems that are installed or utilized to provide control of environmental conditions and regulated processes within buildings. Sections of this code are modified, amended or deleted elsewhere in this article. Two copies of the International Mechanical Code are to be retained on file with the city clerk. This code shall be in effect within the limits of the city and its three-mile jurisdictional limit. (Ord. No. 38165, § 2, 7-15-08) Section 2. That Sec. 40-592 of the Omaha Municipal Code is hereby amended to read as follows: Section 40-592. - Amendments to the International Mechanical Code. The International Mechanical Code, 2006 edition, is hereby amended, altered, modified and changed in the following respects: Amend the first three sentences of Section 101.2 to read as follows: 101.2 Scope. This code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the National Fuel Gas Code. (Remainder of section 101.2 remains the same as written in the International Mechanical Code.) Amend Section 101.2.1 to read as follows: 101.2.1 *Appendices. Provisions in the appendices shall not apply unless specifically adopted. Amend Section 102.4 as follows: Delete the second paragraph. Amend Section 102.5 to read as follows: 102. 5 Change in occupancy. It shall be unlawful to make a change in the occupancy of any structure which will subject the structure to any special provision of this code applicable to the new occupancy without approval. Changes in occupancy shall be made in accordance with the provisions of the city's building code. Amend Section 102.8 to read as follows: Sec. 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and as listed elsewhere in Chapter 40 of the City of Omaha Municipal Code. and s Such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of their reference. and as further regulated in Sections 102.8.1 and 102.8.2. Where differences occur between provision of this code and the referenced standards, the provisions of this code shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply. Amend Sections 103.2 and 103.3 as follows: Delete Sections 103.2 and 103.3 in their entirety. Add Section 104.1.1 to read as follows: Sec. 104.1.1. Interpretation Authority. The code official shall have authority as necessary in the interest of public health, safety and general welfare, to interpret and implement the provisions of this code: to secure the intent thereof: and to designate requirements applicable because of local climatic or other conditions. Amend Section 104.2 to read as follows: 104.2 Interpretation authority. The code official shall have authority as necessary in the interest of public health, safety and general welfare, to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Amend Section 106.3 to read as follows: Sec. 106.3 Application for permit. Each application for a permit, with the required fee, shall be filed with the code official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall be signed by a licensed contractor. The permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other information required by the code official. Amend Section 106.4.1 to read as follows: Sec. 106.4.1 Reviewed construction documents. When the code official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "REVIEWED." Such endorsed approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the reviewed approved construction documents. The code official shall have the authority to issue a permit for the construction of part of a mechanical system before the construction documents for the entire system have been submitted or reviewed, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire mechanical system will be granted. Amend Section 106.4.2, first paragraph, as follows: 106.4.2 Validity. The issuance of a permit or review of construction documents shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other ordinances of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of this code shall be invalid. Amend Section 106.4.3 to read as follows: Sec. 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be the full amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. If the work has commenced and been inspected by the code official or his/her designee within 180 days of the date of permit issuance, the permit shall be valid for a period of 30 months from the date of issuance. Amend Section 106.4.4 as follows: Delete this section in its entirety. Amend Section 106.4.6 to read as follows: 106.4. 6 Retention of construction documents. One set of construction documents shall be retained by the code official until final approval of the work covered therein. One set of reviewed construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or job at all times during which the work authorized thereby is in progress.  Amend Section 106.5 as follows: Delete this section in its entirety. Amend Section 107.1 as follows: Delete the exception in its entirety. Amend Section 107.2 to read as follows following: Sec. 107.2 Exception. Ground-source heat pump loop systems tested in accordance with Sec. 1208.1.1 shall be permitted to be backfilled prior to inspection with approved documentation. Delete Section 108.4 in its entirety and replace with the following: Sec. 108.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the reviewed construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code shall be punished as provided in section 1-10 of this Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Amend the last sentence of Section 108.5 to read as follows: Sec. 108. 5 Stop work orders. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, sh·a11 be punished as provided in section 1-10 of this Code. Amend Section 109 as follows: Delete this section in its entirety. Delete Section 201.3 in its entirety and replace with the following: Sec. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, InternNational Fuel Gas Code or the International Omaha Plumbing Code, such terms shall have meanings ascribed to them as in those codes. Add Section 202: 202 General Definitions: AUTOMATIC. Automatic shall mean as a direct result of a sensing device or interlock with equipment process. CONFINED SPACE. Any enclosed space that does not meet the space requirements for access and service as defined by this code. CONTINUOUS VENTILATION. Mechanical ventilation that operates 24/7, year-round. Continuous operation can be used to provide local exhaust ventilation (bathroom and kitchen ventilation), as well as whole-building ventilation. (OR) Continuous shall mean "while occupied" when referencing exhaust rates associated with occupant comfort. Continuous shall mean "24 hours a day" when referencing exhaust associated with building or process contaminants that are hazardous to occupants. persist when space is not occupied, and cannot be recirculated to other spaces (e.g,. ASHRAE 62.1, Air Class 3 & 4). CONTINUOUSLY OPERATING SYSTEM. Mechanical ventilation that operates 24/7, year-round, without the need for someone operating controls. Continuous operation can be used to provide local exhaust ventilation (bathroom and kitchen ventilation), as well as whole-building ventilation. Examples of continuous exhaust "while occupied:" Toilet Rooms (public/private) Shower Rooms (public/private) Pet Shops/Veterinary (occupied by animals or humans) Beauty & Nail Salons Barber Shops Art Classrooms Examples of continuous exhaust "24 hours a day:" Soiled Laundry Storage Rooms Storage Rooms, Chemical Parking Garages (exception for automatic detection) Refrigerating Machinery Rooms Janitor Closets Trash Rooms Recycling Rooms Indoor Firing Ranges (DOL 29 CFR 1910.1025) ELECTRICAL CODE: The electrical code for this jurisdiction shall be Chapter 44 of the Omaha Municipal Code and all codes adopted therein. EMBEDMENT. Any object entirely, or partially, concealed behind a finished construction surface that is not fully and readily accessible for service or repair. FIRE CODE: The fire code for this jurisdiction shall be Chapter 46 of the Omaha Municipal Code and all codes adopted therein. FUEL GAS CODE: The fuel gas code for this jurisdiction shall be NFPA 54 as adopted in Chapter 40 of the Omaha Municipal Code. ICC ELECTRICAL CODE: Wherever reference is made to the ICC Electrical Code it shall mean "Electrical Code". See definition for "Electrical Code". INTERMITTENT. Intermittent shall mean a minimum of 3.5 ACH INTERMITTENT VENTILATION. Any mechanical ventilation equipment that is not operated continuously is considered intermittent ventilation. Intermittent ventilation rates will always be higher than continuous ventilation rates to provide equivalent ventilation. INTERNATIONAL ENERGY CONSERVATION CODE: Wherever reference is made to the International Energy Conservation Code, it shall mean the International Energy Conservation Code as adopted and amended by this jurisdiction. INTERNATIONAL FIRE CODE: Wherever reference is made to the International Fire Code it shall mean "Fire Code". See definition for "Fire Code". INTERNATIONAL FUEL GAS CODE: Wherever reference is made to the International Fuel Gas Code it shall mean NFPA 54 as adopted in Chapter 40 of the Omaha Municipal Code. See definition for "Fuel Gas Code". INTERNATIONAL MECHANICAL CODE: Wherever reference is made to the International Mechanical Code it shall mean Mechanical Code". See definition for "Mechanical Code". INTERNATIONAL PLUMBING CODE: Wherever reference is made to the International Plumbing Code it shall mean "Plumbing Code". See definition for "Plumbing Code". INTERNATIONAL PROPERTY MAINTENANCE CODE: Wherever reference is made to the International Property Maintenance Code it shall mean "Property Maintenance Code". KITCHENETTE. A breakroom, or other similarly used room, which includes an exposed cooking surface (electric, gas or induction) that is not utilized for commercial purposes. LICENSED CONTRACTOR. A holder of a valid master ACAD contractor license, a master ACAD contractor (residential) license for air conditioning/air distribution or a master steam/pipe fitting contractor as issued under the provisions of Chapter 40, Articles II & VII of the Omaha Municipal Code. For the purposes of this code, such license shall not be considered equivalent to a registered design professional as defined by the State of Nebraska Engineers and Architects Act. MECHANICAL CODE: The mechanical code for this jurisdiction shall be Chapter 40 of the Omaha Municipal Code. PLUMBING CODE: The plumbing code for this jurisdiction shall be Chapter 49 of the Omaha Municipal Code. PORTABLE: An appliance, or equipment. which is not fixed in place. A portable appliance utilizes a cord and plug connection and, or has an integral fuel supply less than 250 gallons and is not an ASME pressurized vessel. PROPERTY MAINTENANCE CODE: The property maintenance code for this jurisdiction shall be Chapter 48 of the Omaha Municipal Code and all codes adopted therein. TEMPERATURE, MEAN MONTHLY OUTDOOR AIR (Ta(out)): based on the arithmetic average of the mean daily minimum and mean daily maximum outdoor (dry-bulb) temperatures for the month in question. VENTILATION AIR. That portion of supply air that comes from the outside (outdoors), plus any recirculated air that has been treated to maintain the desired quality of air within a designated space. Amend Section 301.3 to read as follows: 301.3 Fuel gas appliances and equipment. The approval and installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas fired appliance venting systems shall be in accordance with the National Fuel Gas Code. Amend Section 301.6 to read as follows: 301.6 Fuel gas appliances and equipment. The approval and installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be in accordance with the National Fuel Gas Code. Amend Section 301.7 to read as follows: 301.7 Electrical. Electrical wiring, controls and connections to equipment and appliances regulated by this code shall be in accordance with the Chapter 44, Omaha Municipal Code and the National Electric Code adopted therein. Chapter 44, Omaha Municipal Code and the National Electric Code adopted therein shall be substituted for any and all references in this code to the ICC Electrical Code. Amend Section 301.8 to read as follows: 301.8 Plumbing connections. Potable water supply and building drainage system connections to equipment and appliances regulated by this code shall be in accordance with the Chapter 49 – Plumbing, Omaha Municipal Code. Chapter 49 – Plumbing, Omaha Municipal Code shall be substituted for any and all references in this code to the International Plumbing Code. Amend Section 301.10 to read as follows: Sec. 301.10 Electrical. Electrical wiring, controls and connections to equipment and appliances regulated by this code shall be in accordance with Chapter 44, of the Omaha Municipal Code and NFPA 70, the National Electric Code, as adopted therein. Chapter 44, of the Omaha Municipal Code and the National Electric Code adopted therein shall be substituted for any and all references in this code to the ICC Electrical Code. Amend Section 301.11 to read as follows: Sec. 301. 11 Plumbing and connections. Potable water supply and building drainage system connections to equipment and appliances regulated by this code shall be in accordance with the Chapter 49 - Plumbing, of the Omaha Municipal Code. Chapter 49 - Plumbing, of the Omaha Municipal Code shall be substituted for any and all references in this code to the International Plumbing Code. Amend Section 303.1 as follows: Add the following exception: Exception: Natural gas-fired equipment and appliances shall be located as required by NFPA 54, the Metropolitan Utilities District Rules and Regulations and the conditions of the equipment and appliance listing. Amend Section 304.1 as follows: Add the following exception: Exception: Natural gas-fired equipment and appliances shall be located installed as required by NFPA 54, the Metropolitan Utilities District Rules and Regulations and the conditions of the equipment and appliance listing. Amend Section 306.5 as follows: Sec. 306.5 Equipment and appliances on roofs or elevated surfaces. Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 15 feet (4877 4572 mm) above grade to access such equipment or appliances, an interior or exterior means of access shall be provided. Such access shall not require climbing over obstructions greater than 30 inches (762 mm) in height or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). Such access shall not require the use of portable ladders. Where access involves climbing over parapet walls. the height shall be measured to the top of the parapet wall. Amend Section 307.2.1 to read as follows: Sec. 307.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlets or equipment condensate drain systems to an approved place of disposal including roof drains, service sinks, floor sinks, floor drains and other approved interior devices per the Omaha Plumbing Code. Condensate shall not discharge to the exterior of a building, into a street, alley, walkway, sidewalk, or deck., or grade. Amend Section 401.2 as follows: Sec. 401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance with Section 402 or by mechanical means in accordance with Section 403. Where the air infiltration rate in a dwelling unit is less than a 7 air changes per hour when tested with a blower door at a pressure of 0.2-inch water column (50 Pa) in accordance with Section 402.4.1.2 402.4.2.1 of the International Energy Conservation Code. the dwelling unit shall be ventilated by mechanical means in accordance with Section 403. Exceptions: (1) In existing commercial and residential buildings, or portions thereof with existing controllable exterior openings, and no change in use per Table 403.3, ventilation may continue to be provided by natural means in accordance with Section 402. (2) In new multi-family residential dwelling units, with no fuel-gas combustion appliances, ventilation may be provided by natural means in accordance with Section 402. (3) In new commercial buildings, or portions thereof, defined as low energy buildings in the International Energy Conservation Code, ventilation may be provided by natural means in accordance with Section 402. (4) In new commercial buildings, or portions thereof, designed to only be occupied as open air seasonal spaces with cross ventilation, or have a maximum distance from controllable openings of 25 feet (7620 mm), ventilation may be provided by natural means in accordance with Section 402. (5) In new commercial buildings. or portions thereof, natural ventilation may be provided where a registered design professional has designed the ventilation system for either a cross flow wind, wind tower, flue-stack or atrium-stack approach with consideration for the following criteria: 1. Size and relative locations of openings leading into and from a space to the outdoors. 2. indoor-outdoor temperature differences where the expected occupancy occurs when the mean monthly outdoor air temperature is less than or equal to 55°F (12.8°C). 3. wind velocity and direction. 4. pressure relationships to adjacent spaces. 5. diurnal and seasonal weather variations, and 6. compatibility with occupant use. Amend Section 402.1 to read as follows: Sec. 402.1 Natural ventilation. Natural ventilation of an occupied space shall be through windows. doors, louvers or other openings to the outdoors. The operating mechanism for such openings shall be provided with ready access so that the openings are readily controllable by the building occupants. Natural ventilation may be provided in addition to mechanical ventilation. Amend Table 403.3 to read as follows:

PEOPLE AREA

OCCUPATION OUTDOOR OUTDOOR EXHAUST

OCCUPANCY DENSITY AIRFLOW AIRFLOW AIRFLOW

CLASSIFICATION #/1000FT2a RATE IN RATE IN RATE

BREATHING BREATHING CFM/FT2a

ZONE, RP ZONE, RA

CFM/PERSON CFM/FT2a

 

Offices

Kitchenettes g 50 5 0.12 0.30

Breakrooms 50 5 0.12 -

Miscellaneous spaces

Janitor Closets, Trash

Room, Recycling g - - - 1.0

Hotels, motels, resorts,

and dormitories

Multipurpose assembly 120 5 0.06 -

Bathrooms/toilets-private g - - - 25/50f

Bedroom/living room 10 5 0.06 -

Conference/meeting 50 5 0.06 -

Dormitory sleeping areas 20 5 0.06 -

Gambling casinos 120 7.5 0.18 -

Lobbies/prefunction 30 7.5 0.06 -

Retail stores, sales floors

and showroom floors

Dressing rooms - 5 0.06 0.25 -

Amend Section 501.3 to read as follows: Sec. 501.3 Exhaust discharge. The air removed by every mechanical exhaust system shall be discharged outdoors at a point where it will not cause a nuisance and not less than the distances specified in Section 501.3.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic or crawl space. Exceptions: (1) Whole house ventilation type attic fans shall be permitted to discharge into the attic space of dwelling units having private attics. (2) Commercial Residential cooking recirculating systems located within dwelling units. Amend Section 502.9.3 to read as follows: Sec. 502. 9. 3 Cryogenics. Storage areas for stationary or portable containers of cryogenic fluids in any quantity shall be ventilated in accordance with Section 502.8, International Fire Code and NFPA 55. Indoor areas where cryogenic fluids in any quantity are dispensed shall be provide independent emergency ventilatedion in accordance with the requirements of Section 502.8.4, International Fire Code and NFPA 55 in a manner that captures any vapor at the point of generation. Exception: Ventilation for indoor dispensing areas is not required where it can be demonstrated by a registered design professional that the cryogenic fluids do not create harmful vapors. Amend the exceptions in Section 504.6.1 to read as follows: Exceptions: 1. Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions. 2. In Group B and R occupancies, clothes dryer exhaust ducts may terminate in a vertical duct enclosed by a shaft that complies with Section 607.5.5 Exceptions 1 and 2 that will exhaust heat and moisture out of the building. The following requirements apply: 2.1.1. The clothes dryer exhaust must be contained in a duct within the shaft. The duct must be constructed of corrosion resistant metal and shall have a smooth interior. 2.1.2. Duct openings into the shaft enclosure(s) shall be protected per Section 607.5.5 Exceptions 1 and 2. 2.2. Duct offsets within the shaft are prohibited. 2.3. Accessible cleanouts shall be provided at the lowest point of the shaft. Cleanout access doors shall have the same fire rating as the shaft. 2.4. The vertical dryer exhaust duct shall be protected by an automatic fire sprinkler system per NFPA 13. 2.5. Upward airflow in the vertical dryer duct shall be maintained according to Section 607.5.5 Exception 2. 2.6.1. The fan may be sized at a constant airflow equal to 50% of the sum of the listed airflows of the dryers connected to the vertical duct, OR 2.6.2. The airflow of the fan may vary based on the number of dryers operating. 2.6.3. In no case shall airflow be less than the rated airflow of the smallest connected dryer. 2.7. Dryer duct exhaust fans must allow for removal of lint and debris from both the fan and the vertical duct. 2.8 Dryer duct exhaust fans must convey lint and operate at the temperatures encountered. 2.9. Dryer duct exhaust fan motors must be located outside the air stream. 3. The maximum length of exhaust duct may be increased by use of a boost fan that is appropriately listed for clothes dryer use. The boost fan shall operate when the clothes dryer is in use. Amend Section 506.1 to read as follows: 506.1 General. Commercial kitchen hood ventilation ducts and exhaust equipment shall comply with the requirements of this section. Type I hoods shall comply with the requirements of NFPA 96 and this section. Commercial kitchen grease ducts shall be designed for the type of cooking appliance and hood served. Amend Section 506.3.8 to read as follows: Sec. 506.3.B Grease duct cleanouts and openings. Grease duct cleanouts and openings shall comply with NFPA 96 and all of the following: (1) Grease ducts shall not have openings except where required for the operation and maintenance of the system. (2) Sections of grease ducts that are inaccessible from the hood or discharge openings shall be provided with cleanout openings. (3) Cleanouts and openings shall be equipped with tight-fitting doors constructed of steel having a thickness not less than that required for the duct. (4) Cleanout doors shall be installed liquid tight. (5) Door assemblies including any frames and gaskets shall be approved for the application and shall not have fasteners that penetrate the duct. (6) Gasket and sealing materials shall be rated for not less than 1500°F (816°C). (7) Listed door assemblies shall be installed in accordance with the manufacturer's instructions. Amend Section 507.1 to read as follows: 507.1 General. Commercial kitchen exhaust hoods shall comply with the requirements of this section. Type I hoods shall comply with the requirements of NFPA 96 and this section. Hoods shall be Type I or Type II and shall be designed to capture and confine cooking vapors and residues. Commercial kitchen exhaust hood systems shall operate during the cooking operation. Add Sections 507.2.5, 507.2.5.1, and 507.2.5.2: Sec. 507.2.5 Domestic cooking appliances not used for commercial purposes. Domestic cooking appliances not utilized for commercial purposes shall be provided with Type I or Type II hoods as required for the type of appliances and processes in accordance with Sections 507.2, 507.2.1 and 507.2.2. Exception: Domestic cooking appliances not utilized for commercial purposes, and not installed in rooms with separate Type I or Type II hood systems, shall be permitted to be provided with a Type II exhaust hood with a factory-installed integrated fire suppression system in accordance with Sections 507.2.5.1 and 507.2.5.2 for the following commercial occupancies: (1) High School Teaching Class Rooms (2) Assisted Living Facility Training Kitchens (3) Religious Assembly (4) Rehabilitation Skilled Training Facilities, and (5) Where approved by the code official. Sec. 507.2.5.1 Type II hoods. Occupancies and spaces containing residential cooking appliances that require Type II hoods with an integrated fire suppression system shall be designed to incorporate the requirements in NFPA 96 and NFPA 17 A. Systems shall be certified to LC 1031, UL300A and UL 507 standards, and the construction of the system shall be in accordance with all of the following: (1) Constructed of stainless steel with a minimum thickness of 0.0359 inch (0.912 mm) (No. 20 gage). (2) All components are commercial grade and shall be listed and labeled for application. (3) Integrated temperature sensors at medium and high set points. Medium set point (165°F (74°C) turns fan on. High set point (195°F (90.5°C) disconnects appliance fuel source. (4) Integrated appliance fuel disconnects. (5) Fusible linkage (212-280°F (100-138°C) to mechanically activate wet chemical fire suppression system. (6) Low PH wet chemical fire suppression system: i. Minimum bottle volume of 1.5 liters. j. Minimum 4 nozzle coverage at appliance. iii. Minimum 1 nozzle coverage at plenum. (7) Remote manually operated pull station. (8) Stainless steel grease vapor filter and drip pan. (9) Integrated advanced programmable logic control (PLC) driven self-monitoring system with front panel indicators for loss of pressure. broken connection. tampering, appliance power and fan management. (10) Internal audible alarm with fire alarm outputs to monitored fire alarm panel. (11) Manual reset for preemptive and system failure shutdowns. (12) Exhaust must be ducted directly to the exterior. (13) Hood system shall have a minimum airflow of 500 cfm and shall be accounted for in the HVAC system design. Sec. 507.2.5.2 Appliances and Ductwork. Residential appliances and the ductwork serving the hood system shall be installed in accordance with the manufacturer's specifications. applicable listings and the following requirements: (1) Residential cooking appliances shall not exceed 36 inches. (2) Only one residential cooking appliance and Type II hood system with an integrated fire suppression system is permitted per room. (3) Exhaust ductwork shall be constructed of steel having a minimum thickness of 0.0220 inch (0.5550 mm) (No. 24 gage). (4) Exhaust ductwork shall be constructed with continuous liquid tight joints. seams and penetrations. (5) Exhaust duct termination shall comply with Section 506.4.2 for Type II hoods. (6) Connection between hood and ductwork is permitted to be by an approved high temperature gasket in accordance with Section 506.3.2.3. (7) Clearance between the cooking surface and the bottom of the hood shall not exceed 26 inches. (8) A key-locked switch shall be provided to deactivate cooking appliances when staff members are not present. The switch shall be on an automatic timer to independently deactivate the cooking appliance and shall have a maximum capacity of 120 minutes, at which point the entire system will power down and require manual reset. Amend Section 509.1 to read as follows: 509.1 Where required. Commercial cooking appliances required by Section 507.2.1 to have a Type I hood shall be provided with an approved automatic fire suppression system complying with NFPA, the International Building Code and the International Fire Code. Amend Section 512.2 to read as follows: 512.2 Materials. Subslab soil exhaust system duct material shall be air duct material listed and labeled to the requirements of UL 181 for Class 0 air ducts, or any of the following building sanitary drainage and vent pipe: cast iron; galvanized steel; brass or copper pipe; copper tube of a weight not less than that of copper drainage tube; Type DWV; and plastic piping. Amend Section 603.6.1.1 to read as follows: 603.6.1.1 Duct length. Flexible air ducts shall not be permitted except as final connectors to equipment or outlets. Amend Section 603.6.2.1 to read as follows: 603.6.2.1 Connector length. Flexible air connectors shall be limited in length to 6 feet with no change in direction greater than 45 degrees. Amend the last sentence of Section 603.17 to read as follows: Each volume damper or other means of supply air adjustment used in balancing shall be provided with access for adjustment. Add Section 603.8.1: Sec. 603.8.1 Slope. Ducts shall have a minimum slope of 1/8 inch per foot (10.4 mm/m) to allow drainage to a point provided with approved access. Delete Section 701 .1 in its entirety and replace with the following: Sec. 701.1 Scope. Solid fuel-burning appliances shall be provided with combustion air in accordance with the appliance manufacturer's installation instructions. Oil-fired appliances shall be provided with combustion air in accordance with NFPA 31 . The methods of providing combustion air in this chapter do not apply to fireplaces, fireplace stoves and direct-vent appliances. The requirements for combustion and dilution air for gas-fired appliances shall be in accordance with the InterNational Fuel Gas Code and NFPA 58. Amend Section 801.1 to read as follows: Sec. 801.1 Scope. This chapter shall govern the installation, maintenance, repair and approval of factory-built chimneys, chimney liners, vents and connectors. This chapter shall also govern the utilization of masonry chimneys. Gas-fired appliances shall be vented in accordance with the National Fuel Gas Code, NFPA and Metropolitan Utilities District Rules and Regulations. Amend 804.3.3 to read as follows: 804.3.3 Termination. The termination of chimneys or vents equipped with power exhausters shall be located a minimum of 10 feet (3048 mm) from the property line of a lot that can be built upon and from adjacent buildings. The exhaust shall be directed away from the building. Amend Section 901.1 to read as follows: Sec. 901.1 Scope. This chapter shall govern the approval, design, installation, construction, maintenance, alteration and repair of the appliances and equipment specifically identified herein and factory-built fireplaces. The approval, design, installation, construction, maintenance, alteration and repair of gas-fired appliances shall be regulated by the National Fuel Gas Code, NFPA and Metropolitan Utilities District Rules and Regulations. Amend Section 906.1 to read as follows: 906.1 General. Factory-built barbecue appliances shall be of an approved type and shall be installed in accordance with the manufacturer's installation instructions, this chapter and Chapters 3, 5, 7, 8 the National Fuel Gas Code, NFPA and Metropolitan Utilities District Rules and Regulations. Amend Section 907.1 to read as follows: Sec. 907.1 General. Commercial incinerators shall be listed and labeled in accordance with UL 2790. Residential incinerators shall be listed and labeled in accordance with UL 791. Commercial incinerators and residential incinerators shall be installed in accordance with the manufacturer's installation instructions. Amend Section 908.7 to read as follows: 908.7 Refrigerants and hazardous fluids. Heat exchange equipment that contains a refrigerant and that is part of a closed refrigeration system shall comply with Chapter 11. Heat exchange equipment containing heat transfer fluids which are flammable, combustible or hazardous shall comply with NFPA and the International Fire Code. Amend Section 916.1 to read as follows: Sec. 916.1 General. Pool and spa heaters shall be installed in accordance with Chapter 49, Omaha Municipal Code, the Nebraska Boiler Act and the manufacturer's installation instructions. Oil-fired pool and spa heaters shall be tested in accordance with UL 726. Electric pool and spa heaters shall be tested in accordance with UL 1261. Amend Section 918.3 as follows: Add the following exception at the end of Section 918.3: Exception: The total area of the supply air ducts and outdoor and return air ducts shall not be required to be larger than the minimum size required by the heat pump manufacturer's installation instructions. Amend Section 926.1 to read as follows: Sec. 926.1 Installation. The installation of gaseous hydrogen systems shall be in accordance with the applicable requirements of this code, the International Fire Code, the National Fuel Gas Code, NFPA, Metropolitan Utilities District Rules and Regulations, and the International Building Code. Amend Section 1000.1 to read as follows: Delete all exceptions to Section 1001.1. Amend Section 1002.1 to read as follows: Sec. 1002.1 General. Potable water heaters and hot water storage tanks shall be listed and labeled and installed in accordance with the Nebraska Boiler Act, ASME Sections 4 or 8, the manufacturer's installation instructions, and this code. All water heaters shall be capable of be removed without first removing a permanent portion of the building structure or in-service mechanical equipment. The potable water connections and relief valves shall conform to the requirements of the Nebraska Boiler Act, ASME Sections 4 or 8. Domestic electric water heaters shall comply with the Nebraska Boiler Act, ASME Section 4, NFPA 70 and UL 174 or UL 1453. Commercial electric water heaters shall comply with the Nebraska Boiler Act, ASME Section 4, NFPA 70 and UL 1453. Domestic electric water heaters shall comply the Nebraska Boiler Act, ASME Section 4, NFPA 31 and 30 and UL 732. Exception: Listed and approved potable water heaters operating: 1) Under 200,000 Btu/hr input or, 2) Under 150psi or 3 2) Under 210 degrees F or, 4 3) Under 120 gallons. Amend Section 1002.2 to read as follows: Sec. 1002.2 Water heaters utilized for space heating. All vessels used for space heating will be constructed to the minimum standards of ASME. The vessel must bear an ASME "H" or "S" stamping. Amend Section 1002.3 to read as follows: Sec. 1002.3 Supplemental water-heating devices. Potable water-heating devices that utilize refrigerant-to-water heat exchangers shall be approved and installed in accordance with the Nebraska Boiler Act, ASME Sections 4 or 8, and the manufacturer's installation instructions. Amend Section 1003.1 to read as follows: Sec. 1003.1 General. All pressure vessels shall bear the ASME Code stamping and be manufactured to the requirements of ASME Section 8 Divisions 1, 2, and 3 or Section 10, and shall be installed in accordance with the State Boiler Act and the manufacturer's installation instructions. Amend Section 1003.3 to read as follows: Sec. 1003.3 Welding. Welding on pressure vessels shall be performed by a current holder of a National Board "R" Stamp certificate. Amend Section 1004.1 to read as follows: Sec. 1004.1 Standards. Oil-fired boilers and their control · systems shall be listed and labeled in accordance with UL 726, the Nebraska Boiler Act, ASME Section 1, or Section 4, ASME CSD-1, NFPA 30, and 31. Electric boilers and their control systems shall be listed and labeled in accordance with UL 834 the Nebraska Boiler Act, ASME Section 1, or Section 4, ASME CSD-1 , NFPA 70. All boilers shall be designed and constructed in accordance with the requirements of ASME CSD-1 , ASME Boiler and Pressure Vessel Code, Sections I, II, IV,V and IX; NFPA 85. Amend Section 1004.2 to read as follows: Sec. 1004.2 Installation. In addition to the requirements of this code, the installation of boilers shall conform to the Nebraska Boiler Act, ASME Sections 1 and 4, the authority having jurisdiction and the manufacturer's installation instructions. Operating instructions of a permanent type shall be attached to the boiler. Boilers shall have all controls set, adjusted and tested by the installer. The manufacturer's rating data reports, CSD-1 reports, and the nameplate shall be attached to the boiler. Amend Section 1004.3 to read as follows: Sec. 1004.3 Working clearance. Clearances shall be maintained around boilers, generators, heaters, tanks, and related equipment and appliances so as to permit inspection, servicing, repair, replacement and visibility of all gauges. When boilers are installed or replaced, clearance shall be provided to allow access for inspection, maintenance and repair. Passageways around all sides of boilers shall have an unobstructed width of not less the 48 36 inches (4-a+ 914 mm) unless otherwise approved by the Nebraska Boiler Act or allowed by the authority having jurisdiction. Amend Section 1004.4 to read as follows: Sec. 1004.4 Mounting. Equipment shall be set or mounted on a level base capable of supporting and distributing the weight contained thereon. Boilers, tanks and equipment shall be secured in accordance with the Nebraska Boiler Act, ASME, the authority having jurisdiction and the manufacturer's installation instructions. Amend Section 1005.1 to read as follows: Sec. 1005.1 Valves. Every boiler or modular boiler shall have a positive shutoff valve in the supply and return piping. For multiple boiler or multiple modular boiler installations, each boiler or modular boiler shall have individual shutoff valves in the supply and return piping. Amend Section 1005.2 to read as follows: Sec. 1005. 2 Potable water supply. The water supply to all boilers shall be connected in accordance with the Omaha Plumbing Code and the rules and regulations of the Metropolitan Utilities District. Amend Section 1006.6 to read as follows: Sec. 1006. 6 Safety and relief valves discharge. Safety and relief valve discharge pipes shall be of rigid pipe that is approved for the temperature of the system. The discharge pipe shall be the same diameter as the safety or relief valve outlet. Safety and relief valves shall not discharge so as to be a hazard, a potential cause of damage or otherwise a nuisance. High pressure-steam safety valves shall discharge to the outside of the structure. Where a low-pressure safety valve or a relief valve discharges to drainage system, the installation of said drainage system shall comply conform to the Omaha Plumbing Code. Amend Section 1006.9 to read as follows: Sec. 1006.9 Safety and pressure relief valves and controls. All safety valves, safety relief valves, boiler safety devices, controls, and electrical requirements shall be listed and labeled for their appropriate use and conditions. The installation of all safety and pressure relief valves, and controls shall comply with the Nebraska Boiler Act, ASME Boiler and Pressure Code Sections: I, VI, VIII Div. 1, 2, 3, X, CSD-1, the authority having jurisdiction and the manufacturer's installation instructions. Amend Section 1007.1 to read as follows: Sec. 1007.1 General. All steam and hot water boilers shall be protected with a low-water cutoff control as required by the Nebraska Boiler Act, ASME Sections I, IV, and CSD-1. Amend Section 1008.2 to read as follows: Sec. 1008.2 Discharge. Blow off or blow down valves shall discharge to a safe place of disposal. Where discharging to the drainage system, the installation shall conform to the Omaha Plumbing Code. Amend Section 1009.3 to read as follows: Sec. 1009.3 Open-type expansion tanks. Open-type expansion tanks shall be located a minimum of 4 feet (1219mm) above the highest heating element. The tank shall be adequately sized for the hot water systems. An overflow with a minimum diameter of 1 inch (25mm) shall be installed at the top of the tank. The overflow shall discharge to the drainage system in accordance with the Omaha Plumbing Code. Amend Condition 6 of Section 1104.2.2, to read as follows: 6. All electrical equipment and appliances conform to Class 1, Division 2, hazardous location classification requirements of NFPA 70 where the quantity of any Group A2, B2, A3 or B3 refrigerant, other than ammonia, in a single independent circuit would exceed 25 percent of the lower flammability limit (LFL) upon release to the space. Amend Section 1201.1 to read as follows: Sec. 1201.1 Scope. The provisions of this chapter shall govern the construction, installation, alteration and repair of hydronic piping systems. This chapter shall apply to hydronic piping systems that are part of heating, ventilation and air-conditioning systems. Such piping systems shall include steam, hot water chilled water, steam condensate, condenser water, and ground source heat pump loop systems. Potable cold and hot water distribution systems shall be installed in accordance with the Omaha Plumbing Code. Amend Section 1202.4 to read as follows: Sec. 1202.4 Piping materials and standards: Hydronic piping shall conform to the standards listed in Table 1202.4 and Table 1202.5 as amended by this section. The exterior of the pipe shall be protected from corrosion and degradation. Approved piping, valves, fittings and connections shall be installed in accordance with the installations instructions. Pipe and fittings shall be rated for use at the operating temperature and pressure of the hydronic system. Acrylonitrile butadiene styrene pipe, tubing, and fittings (ABS), Chlorinated poly vinyl chloride (CPVC) pipe, tubing and fittings, Cross-linked polyethylene (PEX) pipe, tubing and fittings, Cross-linked polyethylene/aluminum/ cross- linked polyethylene (PEX-AL-PEX) pipe, tubing and fittings, Polybutylene (PB) pipe, tubing and fittings, Polyethylene (PE) pipe, tubing and fittings, Polyethylene/aluminum/polyethylene (PE-AL-PE) pipe, tubing and fittings, Raised temperature polyethylene (PE-RT) pipe, tubing and fittings and Polypropylene (PP) pipe, tubing and fittings Polyvinyl chloride (PVC) pipe, tubing and fittings, will not be permitted for above ground use in a hydronic heating or cooling system. Except as otherwise acceptable to the authority having jurisdiction. Amend Section 1202.5 as follows Delete Section 1202.5 in its entirety (reference Section 1202.4) Amend Section 1205.2 to read as follows: Sec. 1205.2 Reduced pressure. A pressure relief valve shall be installed on the low- pressure side of a hydronic piping system that has been reduced in pressure. The relief valve shall be set at no greater than the lowest rated design pressure of any component installed downstream of the pressure reducing valve. The valve shall be installed in accordance with Section 1006. Amend Section 1208.1.1 to read as follows: 1208.1.1 Ground source heat pump loop systems. Before connection (header) trenches are backfilled, the assembled loop system shall be pressure tested with water at 100 psi (689kPa) for 30 minutes with no observed leaks. Amend Section 1209.5 to read as follows: 1209.5 Termination: Final termination of all embedded piping systems is required to terminate to listed and labeled equipment or to a piping manifold. The maximum length from piping system entering the structure to equipment or manifold is 48 inches (1219mm). Delete Chapter 13 in its entirety and replace with the following: Fuel Oil Piping and Storage: Chapter 13: Fuel Oil Piping and Storage Systems Sec. 1301.1 Scope. The design, installation, construction and repair of fuel oil piping and storage systems must comply with the requirements of NFPA 30, 30A. 31 . and 37. State of Nebraska Title 159, Omaha Municipal Code, the International Fire Code and the International Building Code. Amend Section 1401 .2 to read as follows: Sec. 1401.2 Potable water supply. Potable water supplies to solar systems shall be protected against contamination in accordance with the International Omaha Plumbing Code. Section 3. That Article X Sec. 40-601 are hereby adopted and incorporated as fully as if set out at length: Article X Sec. 40-601 Standards adopted. 1. National Fire Protection Association (NFPA)*. 1 Uniform Fire Code 2003 2015. 11 Low/Medium/High-Expansion Foam 2002. 2016 11A Medium and High Expansion Foam Systems 1999. 12 Carbon Dioxide Extinguishing Systems 2000 2018. 12A Halon 1301 Fire Extinguishing Systems 1997 2018. 13 Installation of Sprinkler Systems 2002 2016. 130 Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes 2002 2019. 13R Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height 2002 2019. 14 Installation of Standpipe and Hose Systems 2003 2016. 15 Water Spray Fixed Systems 2001 2017. 16 Deluge Foam-Water Sprinkler Systems and Foam-Water Spray Systems 2003 2019. 17 Dry Chemical Extinguishing Systems 2002 2017. 17 A Wet Chemical Extinguishing Systems 2002 2017. 18 Wetting Agents - 2017. 18A Wetting Additives for Fire Control - 2017. 20 Installation of Centrifugal Fire Pumps 1999 2019. 22 Water Tanks for Private Fire Protection - 2018. 24 Installation of Private Fire Service Mains and Their Appurtenances 2002 2019. 25 Water-Based Fire Protection Systems - 2017. 30 Flammable and Combustible Liquids Code 2000 2018. 30A Automotive and Marine Service Station Code 2000. 30A Motor Fuel Dispensing Facilities-2018. 308 Aerosol Products. Manufacture and Storage-2019. 31 Installation of Oil-Burning Equipment 2001 2016. 34 Dipping. Coating, and Printing Processes Using Flammable or Combustible Liquids - 2018 37 Stationary Combustion Engines and Gas Turbines 2002 2018. 45 Fire Protection for Laboratories Using Chemicals 2000 2015. 50 Bulk Oxygen Systems at Consumer Sites 2001 . 52 Compressed Natural Gas (CNG) Vehicular Gaseous Fuel Systems 2002 2016. 54 National Fuel Gas Code 2002 2018. 55 Compressed Gases and Cryogenic Fluids Code - 2016. 58 Storage and Handling of Liquefied Petroleum Gasses 2001 2016. 59A Liquefied Natural Gas (LNG) - 2016. 61 Ag Comm & Food Product Facilites. Fire/Dust Prevention - 2017. 69 Explosion Prevention Systems - 2014. 70 National Electrical Code 2002 2017. 72 National Fire Alarm and Signaling Code 2002 2013. 80 Fire Doors & Windows - 2019. 82 Incinerators, Waste and Linen Handling Systems and Equipment 1999 2014. 85 Boiler and Combustion Systems Hazards - 2001 2015. 86 Ovens and Furnaces - 2019. 87 Fluid Heaters - 2018. 88A Parking Structures - 2002 2019. 88B Repair Garages 1997 90A Installation of Air Conditioning and Ventilating Systems - 2002 2018. 90B Installation of Warm Air Heating and Air Conditioning Systems 2002 2018. 91 Installation of Exhaust Systems for Air Conveying of Materials 1999. 2015. 92A Smoke-Control System 2000. 2018. 92B Smoke Management Systems in Malls, Atria, Large Areas 2000. 96 Ventilation Control and Fire Protection of Commercial Cooking Operations 2001 2017. 99 Health Care Facilities 2002 2018. 110 Emergency and Standby Power Systems - 2019. 111 Stored Energy Emergency Standby Power Systems - 2019. 204 Smoke and Heat Venting 2002 2018. 211 Chimneys, Fireplaces, Vents, and Solid Fuel Burning Appliances 2003 2016. 220 Standards on Types of Building Construction -2018. 329 Handling Releases of Flammable and Combustible Liquids and Gases -2015. 400 Hazardous Materials Code - 2019. 407 Aircraft Fuel Servicing 2001 2017. 409 Aircraft Hangers - 2016. 490 Ammonium Nitrate, Storage of - 2002. 703 Fire Retardant-Treatment Wood and Fire-Retardant Coatings for Building Materials - 2018. 720 Carbon Monoxide Detection and Warning Equipment - 2015. 750 Water Mist Fire Protection Systems - 2019. 820 Fire Protection in Wastewater Treatment & Collection Plants - 2016. 853 Stationary Fuel Cell Power Plants 2000 2015. 2001 Clean Agent Fire Extinguishing Systems - 2018. 2010 Fixed Aerosol Fire Extinguishing Systems - 2015. 2. American Society of Mechanical Engineers (ASME). a. Boilers and Pressure Vessels, Piping, Controls and Safety Devices Codes: ASME Boiler and Pressure Vessel Code: 1. Section I Power Boilers 2. Section II Materials of Construction 3. Section IV Heating Boilers 4. Section V Nondestructive Examination 5. Section VIII Pressure Vessels 6. Section IX Welding, Brazing, and Fusing Qualifications 7. Section X Fiber Reinforced Plastic Pressure Vessels b. Building Services Piping B31.9 Refrigeration Piping B31.5 Power Piping B31.1 Process Piping 831.3 c. CSD-1, Controls and Safety Devices for Automatically Fired Boilers CSD-1 ASME 3. National Board Inspection Code 4. Nebraska State Boiler Act Section 4. This Ordinance shall be in full force and take effect 15 days from and after the date of its passage.

 

First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

 

CITY OF OMAHA

 

Notice is hereby given that the City Council of the City of Omaha met on March 12, 2019 and passed and approved the ordinances entitled:

 

ORDINANCE NO. 41752

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 northwest of Ida Street and HWS Cleveland Boulevard from AG-Agricultural District to R4-Single Family Residential District (High Density). 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 217-302 and Outlets P-T, Anchor Pointe, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from AG-Agricultural District to R4-Single Family Residential District (High Density). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading February 26, 2019; Second Reading March 5, 2019; Third Reading, Public Hearing and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41749

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 6027 Holmes Street from DR-Development Reserve District to R5-Urban Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section l. 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 12-16, Block 11, Weir Crest, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from DR-Development Reserve District 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 February 26, 2019; Second Reading March 5, 2019; Third Reading, Public Hearing and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41750

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 8040 West Dodge Road and 8319 Chicago Street from LO-Limited Office District and CC-Community Commercial District to CC-Community Commercial District (portion of the property is located within an ACI-2(65) Overlay 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: Lot I, Tower Plaza Replat 13, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned from CC-Community Commercial District to CC-Community Commercial District (property is located within an ACl-2(65) Overlay District). Lot 8, Block 4, Tower Plaza, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned from LO-Limited Office District to CC-Community Commercial District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading February 26, 2019; Second Reading March 5, 2019; Third Reading, Public Hearing and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41751

AN ORDINANCE to amend the boundaries of the ACI-2(65) district of the Area of Civic Importance Overlay District, to incorporate into that district the property located at 8040 West Dodge Road and 8319 Chicago Street; and to provide an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section I. In accordance with Sections 55-609 through 55-617 and 55-886 of the Omaha Municipal Code, the official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended so that: Lot I, Tower Plaza Replat 13, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned to be included in and incorporated into the ACI-2(65) district of the Areas of Civic Importance Overlay District; provided, that the base zoning district for such property shall not be changed by this ordinance. Lot 8, Block 4, Tower Plaza, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned to be included in and incorporated into the ACI-2(65) district of the Areas of Civic Importance Overlay District; provided, that the base zoning district for such property shall not be changed by this ordinance. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading February 26, 2019; Second Reading March 5, 2019; Third Reading, Public Hearing and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

 

ORDINANCE NO. 41753

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the Signal Infrastructure Phase A, project identified as OPW 52955; 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 the Signal Infrastructure Phase A, project identified as OPW 52955; 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 for 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 fifteen (15) days from and after its passage.

 

First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

 Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41754

AN ORDINANCE approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and Ashton, LLC, a Nebraska limited liability company, to implement the Ashton Building Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 1218 Nicholas Street, which proposes the renovation of a 187,000 square foot historic building for commercial and office use; the agreement authorizes the use of up to $6,350,000.00, 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 Ashton, LLC, a Nebraska limited liability company, to authorize the use of up to $6,350,000.00, plus accrued interest, to offset TIF eligible costs such as acquisition, environmental and geotechnical studies, building rehabilitation, site work, architectural and engineering fees, and public improvements as required, for a project with total estimated costs of $40,000,000.00; 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 February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41755

AN ORDINANCE approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and Victory Apartments II - Omaha, LLC, a Nebraska limited liability company, to implement the Victory Apartments II Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 819 Dorcas Street, which proposes the conversion of a vacant, 4-story, building into 60 low-income veteran housing units; the agreement authorizes the use of up to $347,016.00, 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 Victory Apartments II - Omaha, LLC, a Nebraska limited liability company, to authorize the use of up to $347,016.00, plus accrued interest, to offset TIF eligible costs such as rehabilitation, site work, architectural and engineering fees, and public improvements as required, for a project with total estimated costs of $8,222,336.00; 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 February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

 

ORDINANCE NO. 41758

AN ORDINANCE to approve the Collective Bargaining Agreement for the years 2018, 2019, 2020, and 2021 between the City of Omaha and the Functional Employees Group; to provide that any ordinances of the City of Omaha, and any rules and regulations promulgated thereunder, which are in conflict with the provisions of the Collective Bargaining Agreement shall not be applicable to those employees in the Bargaining Unit described in Article 1, Section 1, of said Collective Bargaining Agreement; to amend Sections 23-342, 23-362, 23-363, 23-365, 23-369, 23-371, 23-402, 23-403, 23-404, and 23-417 of the Omaha Municipal Code to remove references to functional employees; to delete Sections 23-431 to 23-456 of the Omaha Municipal Code, known as Article VI. Employee Groups, Division 1. Functional Employees Group; to remove sections referencing functional employees; to provide authorization for the Mayor to execute and the City Clerk to attest her signature; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. There is a need to approve the Collective Bargaining Agreement between the City of Omaha and the Functional Employees Group for the years 2018, 2019, 2020, and 2021. A copy of said Collective Bargaining Agreement is attached hereto and by this reference made a part hereof. Section 2. Any ordinances of the City of Omaha, and rules and regulations promulgated thereunder, which are in conflict with the provisions of the Collective Bargaining Agreement shall not be applicable to those employees in the Bargaining Unit described in Article 1, Section 1, of said Collective Bargaining Agreement Section 3. The Mayor of the City of Omaha is hereby authorized to execute the Collective Bargaining Agreement on behalf of the City of Omaha, and the City Clerk is authorized to attest to his signature. Section 4. That Section 23-342 of the Omaha Municipal Code is hereby amended as follows: Sec. 23-342. - Maximum accumulation. (a) Unused annual leave for employees in the classified service of the city, except those assigned to a 24-hour shift, in excess of 280 hours shall not be carried forward from one payroll year to the next , however, for CMPTEC, functional, and AEC employees only, regardless of the start of the payroll year, employees shall have until the end of the payroll period that includes December 31 of each year to attempt to use vacation leave in excess of 280 hour before such hours are lost. For example, the 2015 payroll year ends on December 19, 2015, but employees will have until January 2, 2016, to attempt to use vacation leave in excess of 280 hours. After January 2, 2016, any hours in excess of 280 would be lost. The 2016 payroll year ends on December 17, 2016, but employees will have until December 31, 2016, the end of the pay period, to attempt to use vacation leave in excess of 280 hours. After December 31, 2016, any hours in excess of 280 would be lost. This "December 31" rule also applies to the use of the "floating" Holiday provide by Omaha Municipal Code § 23-502. (b) Unused annual leave for employees assigned to a 24-hour shift in excess of 360 hours shall not be carried forward from one payroll year to the next. Section 5. That Section 23-362 of the Omaha Municipal Code is hereby amended as follows: Sec. 23-362. - Rate of accumulation. A. Functional. Functional employees shall accrue four and seven tenths hours of sick leave for each pay period of service. A. B. CMPTEC. CMPTEC employees shall accrue four and seven-tenths hours of sick leave or each pay period of service. B. C. AEC. AEC employees shall accrue four and seven-tenths hours of sick leave for each pay period of service. C. D. Police management. Police management employees shall accrue five and six-tenths hours of sick leave for each pay period of service. D. E. Fire management. Fire management employees who are assigned to a 56-hour work week shall accrue nine hours of sick leave for each semi-monthly pay period of service, and fire management employees assigned to a 40-hour work week shall accrue six hours of sick leave each semi-monthly pay period. Section 6. That Section 23-363 of the Omaha Municipal Code is hereby amended as follows: Sec. 23-363. - Maximum accumulation. A. Functional. Functional employees may accrue sick leave to a maximum of 2,500 hours; provided that any such employee who shall maintain 800 through and including 2,500 or more of accrued sick leave shall receive one and nine tenths additional hours of annual leave for each pay period of service. Notwithstanding the increase in accumulated sick leave provided for herein, the payoff of accumulated leave provided for in section 23-369 shall be limited to a maximum of 2,000 hours. A. B. CMPTEC. CMPTEC employees may accrue sick leave to a maximum of 2,500 hours; provided that any such employee who shall maintain 800 through and including 2,500 or more of accrued sick leave shall receive one and nine tenths additional hours of annual leave for each pay period of service. Notwithstanding the increase in accumulated sick leave provided for herein, the payoff of accumulated leave provided for in section 23-369 shall be limited to a maximum of 2,000 hours. B. C. AEC. AEC employees may accrue sick leave to a maximum of 2,500 hours; provided that any such employee who shall maintain 800 through and including 2,500 or more of accrued sick leave shall receive one and nine tenths additional hours of annual leave for each pay period of service. Notwithstanding the increase in accumulated sick leave provided for herein, the payoff of accumulated leave provided for in section 23-369 shall be limited to a maximum of 2,000 hours. C. D. Police management. Police management employees may accrue an uncapped amount of sick leave; provided that such employee who shall maintain 1,600 hours of accrued sick leave shall receive two additional hours of annual leave for each pay period of service. Any employee promoted from a union position to a police management position who immediately prior to said promotion had accumulated to the maximum allowed sick leave, shall continue to earn two hours of annual leave so long as the employee maintains the maximum allowed accumulation of sick leave.  D. E. Fire management. Fire management employees may accrue sick leave to a maximum of 4,800 hours; provided that any such employee who shall maintain 2,400 hours of accrued sick leave shall receive three additional hours of annual leave per pay period to a maximum of 72 hours in a calendar year. Any fire management employee assigned to a 40-hour work week may accrue sick leave to a maximum of 3,200 hours, provided that any such employee who shall maintain 1,600 hours of sick leave shall receive two additional hours of annual leave for such pay period of service. Any employee promoted from a union position to a fire management position who immediately prior to said promotion had accumulated to the maximum allowed sick leave, shall continue to earn the above bonus hours of annual leave so long as the employee maintains the maximum allowed accumulation of sick leave. Any employee promoted from a union position to a fire management position, shall carry forward into such management position his/her accumulated balances of sick and annual leave, and any balances in any leave banks. Section 7. That Section 23-365 of the Omaha Municipal Code is hereby amended as follows: Sec. 23-365. - Family sick leave. As used in this section, "family members" shall be limited to a "parent", "son", "daughter", and/or "spouse." For purposes of this section, a parent is defined to mean the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. Son or daughter shall be defined to mean a biological, adopted, or foster child, a step child, a legal ward, or a child of a person standing in loco parentis who is (a) under 18 years of age, or (b) 18 years of age or older and incapable of self care because of a mental or physical disability. A spouse shall be defined to mean a husband or wife, as the case may be. A. Functional. Functional employees may utilize up to 40 hours of their sick leave during a payroll year for illness or injury to family members. A. B. CMPTEC. CMPTEC employees may utilize up to 40 hours of their sick leave during a payroll year for illness or injury to family members. B. C. AEC. AEC employees may utilize up to 40 hours of their sick leave during a payroll year for illness or injury to family members. Sec. 23-369. - Cash payment for unused sick leave on termination of employment. A. Functional. When a functional employee is terminated from his/her employment, such employee shall be paid at the employee’s base pay rate according to the following graduated scale: One for eight for first 900 hours One for four for 901 hours to 1,700 hours One for one for 1,701 hours to 2,000 hours No payoff for 2,001 hours to 2,500 hours Payment to the employee for accumulated sick leave provided herein shall be based upon and shall not exceed a maximum for 2,000 hours, provided, however, functional employees may accrue a maximum of 2,500 hours of sick leave. Accumulated sick leave shall not be paid for any employee whose employment ends due to termination for cause. Upon legal execution of Ordinance No. 38401, any functional employee seeking a service retirement must give their immediate supervisor or the benefits division of the human resources department written notice of their exact date of retirement/separation within 15 working days of their date of retirement/separation. If an employee fails to give such written notice within the required 15 working days, such employee shall forfeit their payout of any sick leave due under this section. The labor relations director shall have the power to waive this notice requirement based upon good cause. A. B. CMPTEC.  When a CMPTEC employee is terminated from his/her employment, such employee shall be paid at the employee's base pay rate according to the following graduated scale: One for eight for first 1,000 hours One for four for 1,001 hours to 1,800 hours One for one for 1,801 to 2,000 hours No payoff for 2,000 hours to 2,500 hours. Effective December 19, 2004, When a CMPTEC employee is terminated from his/her employment, such employee shall be paid at the employee's base pay rate according to the following graduated scale: One for eight for first 900 hours One for four for 901 hours to 1,700 hours One for one for 1,701 hours to 2,000 hours No payoff for 2,001 hours to 2,500 hours Payment to the employee for accumulated sick leave provided herein shall be based upon and shall not exceed a maximum of 2,000 hours, provided, however, CMPTEC employees may accrue a maximum of 2,500 hours of sick leave. Accumulated sick leave shall not be paid for any employee whose employment ends due to termination for cause. B. C. AEC When an AEC employee is terminated from his/her employment, such employee shall be paid at the employee's base pay rate according to the following graduated scale: One for eight for first 900 hours One for four for 901 hours to 1,700 hours One for one for 1,701 hours to 2,000 hours No payoff for 2,001 hours to 2,500 hours Payment to the employee for accumulated sick leave provided herein shall be based upon and shall not exceed a maximum of 2,000 hours, provided, however, AEC employees may accrue a maximum of 2,500 hours of sick leave. Accumulated sick leave shall not be paid for any employee whose employment ends due to termination for cause. Any AEC employee seeking a service retirement must give their immediate supervisor or the benefits division of the human resources department written notice of their exact date of retirement/separation within 15 working days of their date of retirement/separation. If an employee fails to give such written notice within the required 15 working days, such employee shall forfeit their payout of any due sick leave under this section. The labor relations director shall have the power to waive this notice requirement based upon good cause. C. D. Police management.  When a police management employee is terminated from his/her employment, then the payment for accumulated sick leave shall be in accord with the following schedule: Unused sick leave will be paid off on a one hour of pay for one hour of sick leave earned, up to a maximum of 1,200 hours if such employment ends due to death, resignation, retirement or layoff. Effective, January 1, 2006, when a police management employee is terminated from his/her employment due to death, resignation, retirement or layoff, then the payment for accumulated sick leave shall be in accord with the following schedule: One for one for first 1,200 hours One for four for 1,201 hours to 3,200 hours Accumulated sick leave shall not be paid for any employee whose employment ends due to termination for cause. D. E. Fire management. When a fire management employee's employment ends due to death, resignation, retirement or layoff, then the payment for accumulated sick leave shall be in accord with the following schedule: For 40 hour work week employees, the payment shall be one for one for the first 1,200 hours, then one for four for 1,201 to 3,200 hours. For 56 hour work week employees, the payment shall be one for one for the first 1,800 hours, then one for four for 1,801 to 4,800 hours. Accumulated sick leave shall not be paid for any employee whose employment ends due to termination for cause. E. F. Unclassified. Whenever an employee terminates his or her unclassified service and, without a break or interruption in service, obtains classified service status, that employee shall carry over his/her accumulated sick leave hours. Nothing contained herein shall create a right to accumulate sick leave hours on the part of unclassified employees where said right is not elsewhere set forth. Section 9. That Section 23-371 of the Omaha Municipal Code is hereby amended as follows: Sec. 23-371. -Temporary disability sustained in the line of duty. Except as provided hereinafter, any employee who is a member of the police and fire retirement system or the employees' retirement system who shall sustain injuries or sickness arising out of and in the course of his/her employment, which are of such a character as to unfit him or her temporarily for active duty, shall be paid his/her temporary disability, for each injury along with such medical, surgical and hospital expenses as may be incurred as a result of the injury or sickness, but the salary and other benefits, being in excess of benefits under the workmen's compensation act, shall be in lieu thereof, hereinafter referred to injury on duty (IOD). (1) Functional. For functional employees, the IOD pay provided for herein shall not exceed six months. Any functional employee who receives IOD pay shall not receive an amount greater than the employee’s after tax compensation. (1) (2) CMPTEC. For CMPTEC employees, the IOD pay provided for herein shall not exceed nine months, to be paid at the rate of full salary for the first six months and at the rate of 66 percent of full salary for the last three-month period. Any CMPTEC employee who receives 100 pay shall not receive an amount greater than the employee's after tax compensation. (2) (3) AEC. For AEC employees, the 100 pay provided for herein shall not exceed nine months, to be paid at the rate of full salary for the first six months and at the rate of 66 percent of full salary for the last three-month period. Any AEC employee who receives 100 pay shall not receive an amount greater than the employee's after tax compensation. (3) (4) Police management. For police management employees, the 100 pay provided for herein shall not exceed 365 calendar days. Any police management employee who receives 100 pay shall not receive an amount greater than the employee's after tax compensation. (4) (5) Fire management. For fire management employees, the 100 pay provided for herein shall not exceed 365 calendar days. Any fire management employee who receives 100 pay shall not receive an amount greater than the employee's after tax compensation. Section 10. That Section 23-402 of the Omaha Municipal Code is hereby amended as follows:  Sec. 23-402. - City's contribution generally; premium. The city shall provide a group health care plan for each employee and covered dependents. Such employees may elect their health insurance coverage as follows: single coverage, single + 1 coverage, or family coverage. Employees selecting single + 1 coverage shall pay two times the single COBRA rate for their premium. Effective December 26, 2010, all current and newly hired CMPTEC and AEC employees shall pay a premium for this health care plan of six percent of the applicable COBRA rate. Police management employees shall pay a premium for this health care plan of six percent of the applicable COBRA rate. Effective December 25, 2011, all current and newly hired police management, CMPTEC, AEC employees and effective 30 days after legal execution of Ordinance No. 39422, fire management, shall pay a premium for this health care plan of seven percent of the applicable COBRA rate. Effective December 26, 2010, all current and newly hired functional employees shall pay a premium for this health care plan of seven percent of the COBRA rate for single coverage, singe + 1 coverage, or family coverage. Effective upon adoption of the ordinance approving the agreement between the city and the Police Manager's Association for 2018 through 2021, all current and newly hired police management employees shall pay a premium for their health care plan based on the blended health care premium equivalency rate of the members of the plan to which members of the Omaha Police Officer's Association are a part of in the following amounts: Family: 23 percent; Single + 1: 23 percent; and Single: 15 percent. All employees newly hired with the city shall have a one-year waiting period on any preexisting condition(s) unless such employee presents to the city evidence that he/she had, with a previous employer, continuous health coverage without a break in service of 63 days within the last 18 months prior to his/her employment with the city. Section 11. That Section 23-403 of the Omaha Municipal Code is hereby amended as follows: Sec. 23-403. - Health care benefits. A. Health care benefits for CMPTEC, AEC, functional employees, and fire management employees. (a) The health care plan provided herein shall be set forth in the master contract on file with and administered by the city's third party administrator or health insurance provider. The city shall provide employees with a written summary of the health care benefits herein. Such health care coverage shall commence on the first day of employment. (b) The health care benefits shall include, without limitation:  (1) Effective June 19, 2001, comprehensive major medical health care coverage with 70 percent paid by the city and 30 percent paid by the employee on all covered charges, unless the health care services are provided by a preferred provider organization (PPO), in which case the city shall pay 80 percent and the employee shall pay 20 percent of the covered charges. (2) For CMPTEC, AEC, functional employees, and fire management, a deductible of $400.00 for an individual with single coverage, $400.00/per individual with single + 1 coverage, or $800.00 aggregate for family coverage; deductible will apply to all covered services. (3) There is no maximum lifetime benefit per individual, but there remains a $20,000.00 maximum lifetime benefit for chemical dependency. (4) For CMPTEC, AEC, functional employees, and fire management, stop loss (maximum cost to the employee for covered medical service in a calendar year) of $1,000.00 for a person with single coverage, $1,000.00 per individual with single + 1 coverage, or $2,000.00 aggregate for family coverage, all per year. The deductible applies to the stop loss. (5) Effective June 19, 2001, the following items shall be excluded from coverage: a) elective corrective eye surgery (such as RK, PRK, Lasik, and its successors) and b) all fertility procedures and fertility drug coverage. (6) For functional employees, CMPTEC employees, AEC employees, and fire management employees, the city will institute a wellness program where the city will allow coverage up to $200.00 for each covered individual for preventative services of well-baby exams, routine physicals, school physicals, annual well woman examinations, routine colonoscopies, routine mammograms, immunizations, pap smears. Such coverage shall be handled through the city's health care provider in a manner similar to covered benefits under the health care plan, including application of any amounts to be paid against the covered individual's deductibles. After such coverage is met on any of these listed preventive services, any further preventative services are subject to the normal deductible and coinsurance under the health care plan. (7) Hospital precertification. All inpatient admissions must be certified. Planned admission, or as soon as medically possible. The penalty for failure to certify is $500.00 of in-hospital charges. The penalty for hospitalization past certified number of days is a reduction of coverage by 50 percent of both physician and hospital charges. All inpatient admissions must be precertified as above. Hospitalizations beyond the certified number of days must be recertified. If the hospitalization is recertified, there is no penalty. The penalty for hospitalization past the certified number of days is a reduction by 50 percent of both physician and hospital covered charges, which will not be paid by the city and will be the responsibility of the employee. (8) Any disputes regarding precertification or recertification in a particular case may be presented to the city's disputes committee. (9) For CMPTEC employees, functional employees, and AEC employees that voluntarily participate and follow the rules of the city wellness program, they will be eligible for city-specified incentives, including but not limited to, reductions in health insurance premiums, waiving of health insurance copays for specified medical facilities, gift cards, gym memberships, etc. No employee is required to participate in the wellness program and the city maintains the absolute right to set forth the terms and conditions surrounding the program. B. Health care for police management employees. (a) Police management employees will have the same high deductible healthcare plan (HDHP) that is being implemented for police bargaining employees effective January 1, 2018. If the city negotiates a new health care plan with the Omaha Police Officers Association during the term of this agreement, then the police management group will have the ability to inform the city that they want to move to the same plan and the city shall do so. The health care plan provided herein shall be set forth in the summary plan description on file with and administered by the city's third party administrator or health insurance provider. The city shall provide employees with a written summary of the health care benefits herein. Such health care coverage shall commence on the first day of employment. (b) The health care benefits shall include, without limitation: (1) In-patient hospital precertification: All in-hospital admissions must be certified. Planned admissions must be certified in advance. Emergency admissions must be certified within 24 hours of admission or as soon as medically possible. The penalty for failure to certify is $500.00 of the hospital charges. Hospitalizations beyond the certified number of days must be recertified. If the hospitalization is recertified, there is no penalty. The penalty for hospitalization past certified number of days without recertification is a reduction by 50 percent of both physician and hospital charges. (2) Hospital certifications ( and recertifications) shall be phoned in to a telephone number provided each employee on his/her I.D. card. The employee or any person on his behalf (e.g., spouse, nurse, doctor, hospital personnel) may precertify. Any disputes regarding precertification or recertification in a particular case may be presented to the city's disputes committee. (3) The health care benefit is a qualified high deductible health plan with a network component. Benefits are available for service from in-or out-of-network providers, a $2,700.00 deductible applies for single coverage and/or $5,400.00 embedded deductible for single + 1 and family coverage per calendar year. The deductible for an out-of-network provider will be twice the in-network amount. Should federal regulations require changes to the deductible or any other plan benefits, the plan will comply with said requirements. (4)The maximum lifetime benefit per plan member is unlimited. (5) Prescription coverage: A pharmacy benefit manager (PBM) manages administration of the prescription drug benefit. Prescription drug services are available from in- and out-of0network pharmacies. When an in-network pharmacy is utilized both deductible and coinsurance amounts apply to the out-of-pocket maximum. Out of network pharmacies will be handled as shown on the summary plan description on file for police bargaining and administered by the city's third party administrator. The cost will be applied to the deductible and then will be covered at 50 percent. Unless specifically required by the physician, generic drugs will be dispensed whenever possible. 2020 and 2021 Single: $1,300.00 annual contribution then a 50 percent city match up to $375.00 on the first $750.00 of employee contributions. The maximum cumulative city lump sum and matching contribution shall be $1,675.00. Single + 1 and Family: $2,600.00 annual contribution then 50 percent city match up to $750.00 on the first $1,500.00 of employee contributions. The maximum cumulative city lump sum and matching contribution shall be $3,350.00. Other conditions The city's annual HSA contribution will be contributed as a lump sum on the first pay period of the calendar year. For employees hired mid-year, the city's annual contribution will be prorated for the remaining months of the plan year. Section 12. That Section 23-404 of the Omaha Municipal Code is hereby amended as follows: Sec. 23-404. - Prescription cards. For CMPTEC, AEC, functional employees, and fire management, the city shall pay covered prescription costs through an employee "prescription card" in addition to benefits identified above. The prescription card plan shall include the following: (a) Each employee will be issued a card which will allow the employee or covered member(s) to purchase prescriptions by paying, at the time and site of purchase and after the applicable yearly deductible has been satisfied, the following based on a tiered prescription system: (1) Generic: actual cost of the drug up to $5.00. (2) Formulary brands: 20 percent of the cost of each covered prescription (minimum $20.00, maximum $40.00). (3) Non-formulary brands: 20 percent of the cost of each covered prescription (minimum $30.00, maximum $60.00). (b) The yearly deductible shall be $100.00 for single, single plus one, or family coverage. The prescription deductible and co-insurance are separate and distinct from the health coverage deductible and co-insurance, except prescriptions dispensed in the hospital shall be applied to the health coverage deductible and co-insurance. (c) Unless specifically required by the physician, generic drugs will be dispensed whenever possible. (d) The card will be valid at the majority of pharmacies in the Omaha area; however, it is understood that some pharmacies may not participate. In order to be covered for prescription costs within the city, the employee must use a participating pharmacy. (e) After an employee has expended $750.00 (after payment of the deductible) in a given calendar year, the card will allow an employee to obtain covered prescriptions at a flat rate of $5.00 per prescription. (f) The employee percentage cost per covered prescription may be higher when prescriptions are purchased outside the city if participating pharmacies are available. Additionally, the employee may be required to pay the total cost and then seek reimbursement through a claim filing process. (g) Prescriptions required for an extended period of time (i.e., in excess of 30 days) must be ordered through the city's designated mail-order program. For a mail-order 90-day supply, the employee must pay two co-pays, pursuant to subsection (a), above. Section 13. That Section 23-417 of the Omaha Municipal Code is hereby amended as follows: Sec. 23-417. - Dental care benefits. The city's self-insured dental care plan herein shall be set forth in the applicable master contract. The HMO dental plan shall be set forth in the applicable plan documents. The dental care benefits provided under the city's self-insured dental plan shall include, without limitation, a maximum lifetime orthodontic benefit of $1,200.00. For covered dependents who begin orthodontic procedures after July 1, 2001, the lifetime maximum shall be increased to $2,000.00. Beginning upon the legal execution of this labor agreement, the dental care benefits provided under the city's self-insured dental plan for CMPTEC employees shall include, without limitation, a maximum lifetime orthodontic benefit of $2,500.00. Beginning on the legally effective date of the ordinance codified in this section, the dental care benefits provided under the city's self-insured dental plan for AEC employees shall include, without limitation, a maximum lifetime orthodontic benefit of $2,500.00. Beginning on December 25, 2011, the dental care benefits provided under the city’s self-insured dental plan for functional employees shall include, without limitation, a maximum lifetime orthodontic benefit of $2,500.00. Section 14. That Sections 23-431 to 23-456 of the Omaha Municipal Code, known as Article VI. Employee Groups, Division 1. Functional Employees Group, is hereby deleted. Section 15. This Ordinance is legislative in character and shall be in full force and take effect fifteen days from and after its passage.

 

First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019 

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41759

AN ORDINANCE to amend Omaha Municipal Code Sec. 44-151; to adopt the NFPA 70, 2017 National Electrical Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the Omaha Municipal Code Sections 44-151 - is hereby amended to read as follows: There is hereby adopted by the city, for the purpose of establishing rules and regulations for electrical wiring of buildings, structures, machinery and equipment, for light and power, including permits and penalties therefor, that certain electrical code known as the National Electrical Code, including the amendments thereto, recommended by the National Fire Protection Association of Boston, Massachusetts, being NFPA No. 70, ANSI 2014 2017 edition thereof, save and except such portions as are hereinafter deleted, modified, or amended, of which not less than two copies have been and now are filed in the office of the city clerk; and the same is hereby adopted and incorporated as fully as if set out in length herein; and the provisions thereof shall be controlling in the electrical wiring of all buildings, structures, equipment and other subjects therein contained within the corporate limits ad with the jurisdictional area outside the city limits. Section 2. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

 

First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

 Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41760

AN ORDINANCE to approve an Agreement between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska and the Board of Regents of the University of Nebraska, a public body corporate of the State of Nebraska, to make a partial payment toward the city's Unfunded Reimbursement, as identified in that Interlocal Cooperation Agreement by and between the parties approved by the Omaha City Council on October 25, 2013 and authorizes the use of $1,561,000 in transportation bond proceeds to fund the costs of the public improvements; and provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City Council hereby and does approve the attached Agreement between the City of Omaha and the Board of Regents of the University of Nebraska, which authorizes $1,561,000 in transportation bond proceeds to be used to make a partial payment toward the City's Unfunded Reimbursement for the UNO Improvements, as identified in that certain Interlocal Cooperation Agreement between the parties approved on October 25, 2013, as indicated in the agreement. Section 2. That the Mayor of the City of Omaha is hereby authorized to execute, and the City Clerk to attest, the attached Agreement between the City of Omaha and the Board of Regents of the University of Nebraska, in addition to any other related documents necessary or appropriate to implement the Agreement. 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 February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41763

AN ORDINANCE authorizing and providing for the issuance of Redevelopment Project Revenue Bonds (Blackstone Hotel) in one or more series in an aggregate principal amount not to exceed $22,627,138, for the purpose of (1) paying the costs of reconstructing, improving, extending, rehabilitating, installing, equipping, furnishing and completing certain improvements within the Blackstone Hotel Tax Increment Financing Redevelopment Project Plan Area, and (2) paying the costs of issuance of such bonds; prescribing the form and certain details of such bonds; pledging certain occupation tax revenues to the payment of the principal of and interest on such bonds as the same become due; limiting payment of such bonds to the revenues specified herein; creating and establishing funds and accounts; delegating, authorizing and directing the finance director to exercise his independent discretion and judgment in determining and finalizing certain terms and provisions of such bonds not specified herein; taking other actions and making other covenants and agreements in connection with the foregoing ; and related matters. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City Council hereby does approve the attached Redevelopment Project Revenue Bonds (Blackstone Hotel), which authorizes an aggregate principal not to exceed $22,627,138 and provide for an effective date. Section 2. That the Mayor of the City of Omaha is hereby authorized to execute, and the City Clerk to attest, the attached Redevelopment Project Revenue Bonds, in addition to any other related documents necessary or appropriate to implement the Redevelopment Project Revenue Bonds. 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 February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41756

AN ORDINANCE providing for the designation of an enhanced employment area; the levy of a general business occupation tax; providing for the administration, imposition and collection of such occupation tax; specifying the use of such occupation tax revenue; and related matters. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA, NEBRASKA: Section 1. Findings and Determinations. Pursuant to the Nebraska Community Development Law, Nebraska Revised Statutes Sections 18-2101 et. Seq., as amended (the “Act”), Chapter 19, Article XVII of the Omaha Municipal Code (“General Enhanced Employment Tax”) provides for the establishment of an enhanced employment area for the purpose of paying all or any part of the total costs and expenses of the authorized work within an enhanced employment area. The City is authorized to levy and collect a general business occupation tax upon businesses and users of space within an enhanced employment area for the purpose of paying all or any part of the total costs and expenses of a redevelopment project, as allowed by the Act, within an enhanced employment area. The City Council approved and adopted the Logan Building Redevelopment Project Plan (the "Redevelopment Project Plan") on February 26, 2019, for the redevelopment of a portion of the Logan Building, a 7-story vacant building, into a 90 room hotel located on the first six floors; a mezzanine level speakeasy bar, approximately 4,800 square feet of retail/office space located on the first floor; and four to six residential condominiums located on the seventh floor (“Redevelopment Project”). The Redevelopment Project Plan provided for the designation of an enhanced employment area, as allowed by the Act and the General Enhanced Employment Tax. Pursuant to the authority granted by Neb. Rev. Stat. §18-2142.02, as amended, and Chapter 19, Article XVII of the Omaha Municipal Code, and at the request of the property owner, the City Council determines that it is necessary, desirable, advisable and in the best interests of the City that a general business occupation tax be imposed within the enhanced employment area, as designated herein, for the purpose set forth in Chapter 19-901(b) of the Omaha Municipal Code. The City Council further determines that based on written undertakings provided by the property owner and the developer, the new investment in the enhanced employment area satisfies the employment requirements of the Act. Section 2. Designation of Enhanced Employment Area. The City hereby designates the area described on Exhibit "A", attached hereto and incorporated herein, as an "enhanced employment area" as defined under section 18-2103(11) of the Act (the "Enhanced Employment Area"). The Enhanced Employment Area is within a "substandard and blighted" area pursuant to section 18-2109 of the Act, and included within and considered a part of a "community redevelopment area" for the City and the Redevelopment Project meets the employment requirements under the Act. Section 3. Occupation Tax Imposed; Collection of Occupation Tax. Commencing January 1, 2020, and in each calendar month thereafter until December 31, 2044, there shall be imposed a general business occupation tax upon each and every person operating a business within the Enhanced Employment Area (the "Occupation Tax"). The amount of such Occupation Tax shall be based on the following business uses taking place within the Enhanced Employment Area: 1. 3.00% (three percent) of the gross room revenues of all hotel businesses located in the Enhanced Employment Area; 2. 3.00% (three percent) of gross retail sales of all hotel businesses located in the Enhanced Employment Area; 3. 7.00% (seven percent) of gross parking revenues of all hotel businesses located within the Enhanced Employment Area; 4. Commercial office and retail space: none; 5. Residential space: none; 6. Food and beverage sales of restaurant, speakeasy or hotel businesses: none; and 7. Garage retail: none. Such Occupation Tax shall be imposed on the gross receipts resulting from the sale, lease, or rental of any products, rooms, units, or services within the Enhanced Employment Area, as indicated for the business uses listed above, except that such tax shall not be imposed on any transaction which is subject to tax under sections 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602 or 77-4008, or which is exempt from tax under section 77-2704.24 of the Nebraska Revised Statutes, as amended. The amount of the Occupation Tax shall at all times be subject to such applicable rules and regulations imposed by the State of Nebraska Department of Revenue, regarding the use and imposition of the general business occupation tax authorized by section 18-2142.02 of the Act. The person engaged in operating a business subject to the Occupation Tax may include the tax on or for the selling price, services rendered, charges incurred, rates, or other consideration received on a bill, statement, receipt, or other similar invoice to the purchaser, but each person engaged in a business shall remain liable for the Occupation Tax imposed by this Ordinance. Section 4. Tax Cumulative. The levy of the Occupation Tax under this Ordinance is in addition to all other fees, taxes, excises and licenses levied and imposed under any contract or any other ordinances of the City, in addition to any fee, tax, excise or license imposed by the State of Nebraska or federal government. Payment of the Occupation Tax imposed by this Ordinance shall not relieve the person paying the same from payment of any other tax now or hereafter imposed by contract or ordinance, including those imposed on any business or occupation carried on, unless otherwise specified therein. The Occupation Tax imposed by this Ordinance shall be cumulative, except where otherwise specifically provided. Section 5. Use of Revenue. The Occupation Tax imposed by this Ordinance, less any administrative expenses, shall be used to fund any expenditure that is lawfully authorized to be made under the Act and this Ordinance in connection with the development of the Redevelopment Project, located within the Enhanced Employment Area. Section 6. Sunset Provision. The Occupation Tax shall automatically expire upon the earlier of December 31, 2044, or full payment of the "Occupation Tax Promissory Note", as defined in the Occupation Tax Agreement. Section 7. Effective Date. This Ordinance shall be in full force and take effect 15 (fifteen) days from and after the date of its passage.

 

First Reading February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019

 

PASSED: March 12, 2019: 4-3

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

ORDINANCE NO. 41757

AN ORDINANCE approving a redevelopment and Tax Increment Financing (TIF) Redevelopment and Occupation Tax Agreement between the City of Omaha and Logan Hospitality, LLC, a Nebraska Limited Liability Company to implement the Logan Building Tax Increment Financing (TIF) Redevelopment Project Plan, for a project site located at 1802 Dodge Street, which proposes to renovate the vacant seven story building known as the Logan Building into a mixed-use condominium regime consisting of a 90-room upscale boutique hotel located on the first six floors; a mezzanine level speakeasy bar, approximately 4,800 square feet of retail/office space located on the first floor; and four to six residential condominiums located on the seventh floor; the agreement authorizes the use of up to $2,776,500.00, plus accrued interest; in excess ad valorem taxes (TIF) and $1,375,000.00 in occupation tax funds 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 and Occupation Tax Agreement between the City of Omaha and Logan Hospitality, LLC, a Nebraska Limited Liability Company, to authorize the use of up to $2,776,500.00, plus accrued interest, in TIF to offset eligible expenses, as allowed by the Community Redevelopment Law, such as rehabilitation costs related to converting the vacant and unimproved space within the Logan Building to space that accommodates the uses described above, site work, architectural and engineering fees, surveys, and all public improvements as required, with the applicant contributing $54,590.00 of the TIF loan proceeds to the Downtown Public Improvement Fund and nearly $215,000.00 of the TIF loan proceeds for various other public improvements as identified by the City, surrounding the project; 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 February 26, 2019; Second Reading and Public Hearing March 5, 2019; Third Reading and Vote March 12, 2019

 

PASSED: March 12, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

3-20-19

______

 

 
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