Maintenance of Pacific Springs Park & Public Right of Ways (PROW) on Pacific and 180th Streets

Pacific Springs Park is a PUBLIC PARK open to all, and residents of Pacific Springs and the surrounding communities should direct maintenance issues related to the Park and/or the public right-of-ways to the Mayor’s Hotline: 402-444-5555, or alternatively to Park Maintenance: 402-444-5955 or to Street Maintenance: 402-546-0897.

Prior to being annexed in Sep 2014, Sanitary and Improvement District (SID) 398 owned and had the responsibility for the maintenance of Pacific Springs Park and the three SID Outlots along 180th Street between Marcy and the north corner of the subdivision. The SID also maintained the public right-of-ways along Pacific next to the Park and the public right of way along 180th Street.  Upon annexation the ownership and maintenance responsibility shifted to the City of Omaha (maintenance of the Park and the Pacific Street PROW is the responsibility of the City’s Parks, Recreation and Public Property Department, and the PROW (to include the Outlots which are considered part of the PROW) along 180th is the responsibility of the City’s Street Maintenance Division in Public Works).

Pre-annexation the SID contracted with Lanoha Nurseries for Park maintenance (as well as maintenance of the Outlots and the public right-of-ways along Pacific Street next to the Park and along 180th Street from Marcy north to the edge of Pacific Springs).  In one of its last meetings the SID Board approved an extension to that contract thru February 2016; i.e., over a year after the September 2014 annexation. As noted, upon annexation the City assumed these maintenance responsibilities, including the oversight of the Lanoha contract that has now expired.

PowerPoint with Pictures and Dates Reported to City.

PSHOA – PROW Along East Side of 180th Between Marcy & Harney – Reduced for Hotline

PowerPoint was sent Sunday evening, March 26th to Mayor’s Hotline.  On March 30th, our President received a call from the Mayor stating the problem will be fixed.

As of June 26th, looks like it was taken care of.  Thanks City of Omaha.

The City finally acknowledged responsibility for the basic island repair, and the person responsible for the damage was identified, and his auto insurance will be paying for repairs caused by the accident, to include reimbursing the PSHOA the $400 it paid to clean the debris from the street and cover the exposed damage area with a tarp to prevent further soil erosion.

On May 2nd the City’s contractor restored the island.  The HOA’s contractor has restored the landscaping.

Background is below:

______________________________________________________

The following was sent to the Mayor’s Staff on March 13th.

*************************************************************************

Dear Marty, Cassie, Carrie, and Amy:

On or about 25 January an unknown vehicle slammed into the Entrance Island at 168^th and Harney.  This is an entrance to the Pacific Springs Community.

On 25 January, I advised the Mayor’s Hotline of the situation via e-mail; pictures of the damage were included (and some are attached).

On 30 January, a representative from the Mayor’s Hotline (Kelsey Dolinsky) responded:

Hi Mr. Tucker,

Thank you for your email and concern. A request for service has been sent to the City’s Traffic Department, so an inspector can be sent out to make sure traffic is not being blocked.

As was stated in a letter mailed to you and the other members of the Pacific Springs Homeowners Association on March 23, 2015, the sign and enhanced landscaping around it are specifically recognized in the subdivision agreement as being the responsibility of the property owners. The City does not use general fund or bond dollars to maintain amenities associated with specific subdivisions or neighborhoods. These types of amenities become the responsibility of the homeowners association. If the homeowners association does not wish to maintain the landscaping and other amenities on he island, the City will revert it to a grassed island and it will be mowed by one of our mowing contractors. Regards,

Kelsey Dolinsky

Mayor’s Hotline

Phone: 402-444-5555

Email: hotline@cityofomaha.org

FAX: (402) 444-6059

Website: http://mayors-office.cityofomaha.org/

On 31 January I sent the following response to Kelsey at the Mayor’s Hotline:

Hi Kelsey,

I refer you to the April 23, 2015, PSHOA response to the City’s March 23, 2015 letter, and to which the City never responded.  Copy attached.

As noted in that letter, the Pacific Springs Homeowners Association is NOT a signatory to the SID 383 Subdivision agreement, and is NOT mentioned in any way in that Agreement.  The only HOA mentioned in the Agreement is the Pacific Springs Townhomeowers Association, an entity that officially is known as the Pacific Springs Villas East Association, and which has the responsibilities noted in Section X, Para. E. and Exhibit B, Sheet B-3 of the Agreement (and the Acknowledgement of same at the bottom of Page 10).  There is no mention of maintenance of the two islands on Harney St.  Also, contrary to the representation in your e-mail, there is no language in that Agreement that the sign and enhanced landscaping around it are the responsibility of the property owners (and by the way, the basic structure of the front island in our opinion is certainly not considered “enhanced landscaping”).  And as noted in our letter, we do not have a copy of the maintenance agreement required by Section X, Para. 10. A.

As this is one of four entrances to the Pacific Springs community with Monument signs that were installed by the original Developers, the PSHOA “voluntarily” provides routine cleanup, mowing, plantings, tree trimming, and mulching to both these islands, and maintains the LED lighting and the irrigation system.  The Pacific Springs Golf Course provides the water for the irrigation system and the electrical power for the LED lighting.  However, maintenance of the basic island structure is not something we do, nor are we willing to do it.

Any action on the part of the City to destroy or modify the front island without input or consultation with both our HOA and the Pacific Springs Golf Course would certainly be viewed as a City rebuke of the Pacific Springs community at-large.  And since there is a Mayoral election on the horizon, I would certainly hope that she would be thoroughly briefed on any action planned by her staff to destroy or modify the island.

And with regard to the front island, we do have some ideas for island changes that would improve the sight line for Harney traffic as it approaches 168^th St.

Bob Tucker

Treasurer, PSHOA

Like our April 23, 2015 letter to the Mayor, there has been no further response from the Mayor’s office.

I did receive a phone call from someone in Street Maintenance (don’t remember his name) claiming the Island damage was what he referred to as “enhanced landscaping” and was not a City responsibility, but rather the HOA/property owners.  I advised him that that representation was totally false from the standpoint of the HOA and the property owners, and there is absolutely nothing to support his representation.  The Street Maintenance person also stated he had not seen the e-mail from the HOA to the Hotline.

Since the City has taken zero action to clean up the debris, which created a potential hazard to traffic, the HOA hired a contractor to clean it up, and cover the damaged area with a tarp to prevent runoff should it rain/snow.  The cost was $400 and the HOA expects to be reimbursed by the City.

This Island was originally SID 383 property, and until Annexation by the City was maintained by the SID.  It has been City property since the Annexation of SID 383 in 2008, and as noted above, the 2004 Interlocal Agreement that involved widening 168^th St (and thus shortening of the front end of the Island) clearly states this is a City responsibility, if not at the time of the Agreement, certainly at the time of Annexation.

The PSHOA has zero responsibility for repairing this damage.

We are available to meet and discuss if interested, but the damage needs to be repaired, and sooner than later – it’s been six weeks with no action on the part of the City.

Also, to our knowledge, the person or persons responsible for the damage is/are unknown.  I did call OPD (SW Precinct) and they had no knowledge of anyone reporting the incident.

Also, as noted in our response to the Hotline, there is an existing sightline problem for traffic exiting Harney onto 168^th St.  This would be a perfect time for the City to also resolve that issue.  And as noted, the HOA has a suggested solution.

Bob Tucker

Treasurer, PSHOA

cc: City Council via Council Chief of Staff James Dowding

PSHOA – Pictures of Entrance Damage – 168th and Harney

External Lot improvements require prior approval of the PSHOA for all non-Villas Lots. (For Villas Lots, contact your Villas HOA as there are multiple Declarants – see the About the PSHOA page). External lot improvements can be just about anything from landscaping, adding a deck, additions, a new roof, adding a fence, installing children’s playground equipment or swimming pools or spas; etc. Refer to Article I of the Declaration that governs your Lot in the Important Legal Documents section of this website for details. Make sure you find the Declaration applicable to your Lot as all Declarations are not the same. You also need to check to see if you need a permit from the City of Omaha. Most improvements do require a City permit; however, one is not a substitute for the other.

If you have any questions, contact a member of the PSHOA Board of Directors for assistance.

The speed limit on Pacific Springs residential streets is a MAXIMUM of 25 mph except on Marcy in the school zone when children are present where it is 20 mph.

STOP signs mean STOP, not slow down and keep going, or worse, just keep going. 

OPD has been called and will be monitoring speed and STOP signs.

Pet ownership is a wonderful thing and in many (if not most) instances the pet or pets become part of the family.  Many Pacific Springs residents own pets; dogs, cats, etc.

If you do own a pet and you walk or otherwise allow your pet to be outside the confines of your own yard, please make sure you pickup after him/her if he/she does his/her business in the Park, in the public-right-of-way along our streets, on the Golf Course, or in a neighbor’s yard.   With regard to the Golf Course and your neighbor’s yard, this is private, not public property.  To allow the excrement to remain in the Park, the right-of-way, on the Golf Course or in a neighbor’s yard is anything but neighborly and can certainly cause hard feelings.  So, please clean up after your pets.  And with regard to the Golf Course, their cart trails are for golfers, not for pet walkers.

Be aware of the following City Ordinances:

Sec. 6-74. – Public nuisances.
It shall be unlawful for any person owning, keeping or harboring an animal or allowing such animal to be under his charge or control to do any of the following:
(a) Permit an animal to defecate on any privately owned or occupied property other than that of the owner or the person having control of the animal without immediately cleaning or removing the excrement;
(b) Permit an animal to defecate on public property, including designated off leash dog parks, without immediately cleaning or removing the excrement;
(c) Permit an animal to unreasonably obstruct the use and enjoyment of property held by others in the community by allowing such animal to habitually bark, howl, yelp, bay or make other noise which by loudness or frequency causes a breach of the peace; provided, however, this section shall not apply to the animal shelter, veterinarians, and medical laboratories;
(d) Permit unsanitary conditions to exist on any premises where an animal is kept which would cause foul or obnoxious odors, attract flies or vermin or otherwise threaten the public health and safety;
(e) Permit an animal to engage in menacing behavior including but not limited to the chasing of vehicles or the molesting, or frightening of passersby or neighbors.

An animal control officer may abate any of the above nuisances, either through issuance of a citation or impounding the animal, if no owner or agent can be found at the time of the nuisance.

(Ord. No. 36463, § 2, 12-16-03; Ord. No. 37945, § 2, 12-18-07)

City Ordinance/Contract with AOT Public Safety Corp

Click on the link above for the background/terms and conditions of the City’s contract with AOT Public Safety Corp for provision of false alarm services.  As a resident within the City limits you are required to register certain alarm system(s) you may have in your home with the City contractor (AOT Public Safety Corp).

Also, for the past two years (and perhaps longer) the invoices from the City contractor have stated there will be a $10 late fee if not paid within 30 days of the date on the invoice.  This is completely FALSE.  See City Ordinance 38512 which was effective in 2012.  This error was brought to the attention of City Finance.

Please do not park vehicles, etc. in your driveway such that you block the sidewalk and impede pedestrian traffic. Doing so is an inconvenience to your fellow residents who walk the neighborhood.

Thanks for your cooperation.

The HOA Board is reminding Pacific Springs Lot owners of the provision in the Declarations that the only sign allowed on private property is one (1) For Sale sign, and once the property is sold, the sign announcing that fact must be removed within 10 days of the sale closing.

Further, under the provisions of Section 55-823 of the Omaha Municipal Code, no sign can be erected on public property without the prior approval of the appropriate public agency. This includes the public-right-of-way (PROW) along our streets, the entrance islands, and Pacific Springs Park. The PROW generally extends some 12.5 ft from the concrete street inwards toward the private property lots, and almost always encompasses the sidewalk. City of Omaha Municipal Code provisions apply as all of Pacific Springs is within the City limits. REALTORS and FSBO, please do not place For Sale signs on public property, and only place one sign on a private property lot (the placement of signs in the front and in the rear of a Lot is not allowed).

We know you want to sell your house, but please do so without violating the provisions of the Declaration and the Omaha Municipal Code, and please remind your Realtor of these rules.

The Declarations can be found on this website under “Important Legal Documents” and the Omaha Municipal Code can be found at Omaha Municipal Code.

Thanks.

If you live within the City limits of Omaha, Chapter 19, Article II, Section 19-89 Peddlers of the Omaha Municipal Code governs “peddlers” or door-to-door salespersons. In general, they must be licensed. If not, they are in violation of City code. See the Omaha Municipal Code which is linked on this website for specifics.