City Council

1 CITY OF PAPILLION David P. Black, Mayor 122 East Third Street Papillion, NE 68046 Phone 402-827-1111 Fax 402-339-0670 ______________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________ PAPILLION CITY COUNCIL AGENDA TUESDAY, MARCH 7, 2017 @ 7:00 P.M. A. CALL TO ORDER 1. Roll Call 2. Pledge of Allegiance 3. Affidavit of Publication 4. Public announcement that a current copy of the Open Meeting Act is posted in the City Council Chambers 5. Proclamations 6. Oath of Office 7. Presentations: Audit Report – Orizon CPA, LLC B. ADMINISTRATOR’S REPORT C. CONSENT AGENDA ITEMS (Note: all consent items are automatically approved when the agenda is approved unless REMOVED by a council member. Removed items will be placed under REGULAR AGENDA ITEMS for action by the City Council) 1. Approval of the agenda as presented 2. Approval of the minutes from the February 21, 2017, City Council Meeting 3. Approval of the bills as presented 4. RES. R17-0039 – A resolution to award the contract for the 2017-2018 On-call City Wide Paving Repairs to NL&L Concrete, Inc., of Omaha, NE in the amount of $392,256.00 – Jeff Thompson – 898-9092 D. ORDINANCES FIRST READING 1. ORD. 1765 – An ordinance to amend §205-11 having to do with the definition of Accessory Structure, §205-205 of the Papillion Municipal Code having to do with the Maximum Permitted Sound Levels adjacent to Residential Districts, §205-215(B)(2) of the Papillion Municipal Code having to do with Exceptions to Openness of Required Yards (related to decks), §205-219 of the Papillion Municipal Code having to do with Principal Buildings, §205-220 of the Papillion Municipal Code having to do with Accessory Buildings and Structures, and Article XXXV of the Papillion Zoning Regulations having to do with Landscaping and Screening Regulations – Mark Stursma – 597-2077  2 2. ORD. 1766 – An ordinance to repeal §205-211 Wireless Towers in its entirety from Chapter 205 Zoning, Article XXXIII Supplemental Use Regulations, to move and reassign the entirety of Administration and Procedures and all sections thereunder from Article XXXIX, of Chapter 205 Zoning, to a new Article XL under Chapter 205 Zoning; to move and reassign the entirety of nonconforming development and all sections thereunder from Article XXXVIII, of Chapter 205 Zoning, to Article XXXIX under Chapter 205 Zoning; to assign Wireless Telecommunications Facilities regulations, having to do with the application and permit processes for the placement, construction, and modification of Wireless Telecommunications Facilities, to Article XXXVIII and the sections thereunder, of Chapter 205 Zoning; to recodify Chapter 205 Zoning to update various article and section references to reflect the amendments to Articles XXXIII, XXXVIII, XXXIX, and XL – Mark Stursma – 597-2077 3. ORD. 1767 – An ordinance to annex certain real estate to the City of Papillion, Nebraska, legally described as the N ½ of the SE ¼ of Section 25, T14N, R11E of the 6th PM, together with the West 33.00 feet of the N ½ of the SW ¼ of Section 30, T14N, R12E of the 6th P.M. all in Sarpy County, Nebraska (Shopko Distribution Center site) – Mark Stursma – 597-2077 4. ORD. 1768 – An ordinance to approve a change to the official zoning map of the City of Papillion in accordance with §205-32 of the Papillion Municipal Code to adopt a zoning map and to apply existing or future zoning regulations, property use regulations, building ordinances, electrical ordinances, plumbing ordinances, and all other regulatory ordinances of the City Of Papillion pursuant to Neb. Rev. Stat. §16-901 (Shopko Distribution Center site) – Mark Stursma – 597-2077 E. ORDINANCES SECOND READING AND PUBLIC HEARINGS 1. ORD. 1763 – An ordinance to approve a request by the Papio-Missouri River Natural Resources District to vacate part of S 126th Street right-of-way, located in the NW ¼ of the SE ¼ together with part of the NE ¼ of the SW ¼ all in Section 19, T14N, R12E of the 6th P.M., Sarpy County, NE, generally located near the NE corner of the Prairie Queen Recreation Area – Mark Stursma – 597-2077 2. ORD. 1769 – An ordinance to approve a Change of Zone from AG (Agricultural) to R-3 (Urban Family Residential) for the property legally described as a tract of land located in part of the S ½ of the SE ¼ of Section 2, T13N, R12E of the 6th P.M., Sarpy County, NE, except that portion sold to Sarpy County, NE, for road purposes, generally located on the NW Corner of 72nd Street and Capehart Road. The applicant is Shadow Lake 2, LLC (Shadow Lake 2) – Mark Stursma – 597-2077 3. ORD. 1770 – An ordinance to approve a Change of Zone from AG (Agricultural) to Multiple-Family Residential (R-4) for the property legally described as a tract of land located in the W ½ of the SE ¼ of Section 32, T14N, R12E, generally located on the NE Corner of 114th Street and Schram Road. The applicant is Celebrity Homes (Southern Pointe) – Mark Stursma – 597-2077 F. ORDINANCES THIRD READING AND RESOLUTIONS 1. RES. R17-0037 – PUBLIC HEARING AND VOTE - A resolution to approve a Preliminary Plat for the property legally described as a tract of land located in the S ½ of the SE ¼ of Section 2, T13N, R12E of the 6th P.M., Sarpy County, NE, generally located NW of 72nd Street and Capehart Road. The applicant is Shadow Lake 2, LLC. (Shadow Lake 2) – Mark Stursma – 597-2077  3 2. RES. R17-0038 – PUBLIC HEARING AND VOTE - A resolution to approve a Preliminary Plat for the property legally described as the W ½ of the SE ¼ of Section 32, T14N, R12E of the 6th P.M., Sarpy County, NE, generally located on the NE corner of 114th Street and Schram Road. The applicant is Celebrity Homes. (Southern Pointe) – Mark Stursma – 597-2077 3. RES. R17-0036 - PUBLIC HEARING AND VOTE - A resolution to approve a Class “I” Liquor License for Hy-Vee, Inc. d/b/a Hy-Vee Restaurant Papillion, 11650 S 73rd Street, Papillion, NE 68046, and Manager Application for Rob Reif – Elizabeth Butler – 597- 2021 4. ORD. 1749 – An ordinance to add Chapter 135 Noise Control to Part II General Legislation of the Papillion Municipal Code and to repeal in its entirety §137-7 Loud, unnecessary noise, of Chapter 137, Nuisances, Part II General Legislation of the Papillion Municipal Code – Dan Hoins – 597-2029 5. RES. R17-0025 – A resolution to designate the SumTur Amphitheater as an Entertainment Venue, pursuant to §135-8 of Chapter 135 Noise Control of the Papillion Municipal Code – Dan Hoins – 597-2029 6. RES. R17-0030-02 – A resolution to approve Right-of-Way and Easement Acquisitions for Lincoln Road from 84th Street to Fort Street (Tracts 1,12, 13 and 19) in the amount of $1,190.00 – Jeff Thompson – 898-9092 7. ORD. 1761 – An ordinance to approve a Change of Zone from GC (General Commercial) and RE (Rural Residential Estates) to MU (Mixed Use) for the property legally described as a platting of part of the S ½ of the SE ¼ and part of the SW ¼ of Section 26, T14N, R11E of the 6th P.M., Sarpy County, Nebraska generally located north of HWY 370 between I-80 and HWY 50. The applicant is 370 North, LLC (370 North) – Mark Stursma – 597-2077 8. RES. R17-0042 - A resolution to approve a Final Plat for the property legally described as a platting of part of the S ½ of the SE ¼ and part of the SW ¼ of Section 26, T14N, R11E of the 6th P.M., Sarpy County, Nebraska generally located north of HWY 370 between I-80 and HWY 50. The applicant is 370 North, LLC (370 North) – Mark Stursma – 597-2077 9. RES. R17-0043 - A resolution to approve the 370 North Mixed Use Development Agreement – Mark Stursma – 597-2077 10. RES. R17-0044 – A resolution to approve the 370 North Subdivision Agreement – Mark Stursma – 597-2077 G. ADMINISTRATIVE REPORTS 1. Committee Reports: A. Public Safety Committee Meeting – Tuesday, March 7, 2017 @ 5:00 PM B. Audit Ad Hoc Committee Meeting – Tuesday, March 7, 2017 @ 6:00 PM 2. Comments from the Floor 3. Comments from Mayor and Council 4. Closed Session: Litigation, Personnel Matter, and Negotiations H. ADJOURNMENT UPCOMING EVENTS: City Council Meeting – Tuesday, March 21, 2017 @ 7:00 PM