City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, JULY 3, 2018 (a 7: 00 P. M. The City Council of the City of Papillion met in open and public session at Papillion City Hall on July 3, 2018, at 7: 00 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Troy Florance, Tom Mumgaard, Jason Gaines, James Glover, Gene Jaworski, Bob Stubbe, Steve Engberg, and Mayor David P. Black. Councilmember Lu Ann Kluch was absent. Also present were Assistant City Administrator Amber Powers, City Attorney Karla Rupiper, Assistant City Attorney Amber Rupiper, Assistant Planning Director Travis Gibbons, Fire Chief Bill Bowes, Public Works Director/City Engineer Jeff Thompson, Police Chief Scott Lyons, Parks& Facilities Director Tony Gowan, Recreation Director Lori Hansen, and Finance Director Nancy Hypse. Mayor Black led those present in the Pledge of Allegiance. Affidavit of Publication: Notice of the meeting was given in the Papillion Times, the designated method of giving notice. A copy is available in the office of the City Clerk. Incorporated herein by reference as if fully set out herein is the audio and visual recording of the council meeting. Public Announcement that a current copy of the open meeting act is posted in the City Council Chambers. ADMINISTRATOR' S REPORT: Assistant City Administrator Amber Powers gave an update on the following: ( 1) The first meeting of the LCRA will be scheduled later in the month; ( 2) A tour of the field house has been scheduled for council members on July 24; 3) Budget meetings with council members will begin July 12; ( 4) The Library is updating their Community Needs Assessment, which involves input from the governing body; ( 5) Family ER has requested an extension until the end of August on the land sale in the Business Park. Additional agreements will be forthcoming; ( 6) Taylor Chapman has been hired as the Administrative Secretary and will be training as a back- up for the City Clerk. CONSENT AGENDA ITEMS: 1) Approval of the agenda as presented; ( 2) Approval of the Minutes from the June 19, 2018, City Council Meeting; ( 3) Approval of the bills aspresented; ( 4) RES. R18- 0083 — A resolution to approve a Cooperative Vehicle Agreement with the Chevrolet Classics Club for use of a 1957 Chevy DARE sedan — Scott Lyons — 597- 2035; ( 5) RES. R18- 0118 — A resolution to approve a SpecialDesignated Liquor License for Player' s Keno Inc. d/ b/ a Jerzes on September 23, 2018, from 7: 00 AM to 2: 00 AM for a golf outing —Nicole Brown — 597- 2021; ( 6) RES. R18- 0122— A resolution to approve a Special Designated Liquor License for Salazar Inc. d/ b/ a La Mesa Mexican Restaurant for an anniversary event on August 11, 2018, from 11: 00 AM to 11: 59 PM with an alternate date of August 18, 2018 — Nicole Brown — 597- 2021; ( 7) RES. R18- 0128 — A resolution to approve a Keno Satellite Operator Agreement for The Papio Pub, 129 N Washington St — 1 July 3, 2018 Amber Powers - 827- 1778. Motion to approve the Consent Agenda by Councilmember Engberg, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. BILLS: 4 Seasons Awards: $ 100. 00 ; Abante Marketing: $ 723. 63 ; Acushnet Company: 4, 017. 88 ; Adidas America, Inc.: $ 457. 18 ; Advanced Office Automation, Inc.: $ 473. 57 ; AFLAC: $ 404. 16 ; Airtech Service, Inc: $ 250. 00 ; Alley Poyner Macchietto Architecture PC: $ 1, 250. 00 ; Amanda Floro: $ 555. 00 ; Amber Powers: $ 81. 50 ; Amber Smith: $ 119. 99 AmeriPride Services Inc.: $ 83. 68 ; Anderson Industrial Engines: $ 79. 18 ; Applied Concepts, Inc.: $ 960. 00 ; APWA: $2, 487. 00 ; Aqua- Chem, Inc: $ 2, 561. 90 ; Arctic Glacier Premium Ice: $ 247. 76 ; A- Relief Services, Inc.: $ 818. 00 ; Artfac Graphics: $ 147. 00 ; Artistic Sign &Design, Inc: $ 2, 100. 00 ; Automotive Warehouse Distributors: $ 46.40 ; Baker & Taylor: $4, 011. 67 ; Bankers Trust Company: $ 180, 506. 25 ; Barb Kimmey: 142. 99 ; Batteries Plus Bulbs 073: $ 1, 060. 64 ; Beacon Athletics: $ 70. 00 ; Big Red Locksmiths Inc.: $ 92. 50 ; Black Hills Energy: $ 2, 223. 94 ; Bobcat Of Omaha: $ 268. 00 ; Bo- Bo' s Bouncy Town, LLC: $ 111. 25 ; Border States Industries, Inc.: $ 169. 52 ; Bound Tree Medical, LLC: $ 2, 056. 97 ; Bridgestone Golf, Inc.: $213.00 ; Callaway Golf: $2, 566. 64 Cash- Wa Distributing: $ 5, 209. 54 ; Central States Group: $ 351. 06 ; Century Link: $ 72. 00 Chas. Vrana & Son Construction Co.: $ 167, 117. 44 ; Chem- Sult, Inc.: $ 13, 101. 89 ; Christine Myers: $ 81. 50 ; Cintas Loc 749: $ 395. 66 ; City Of Omaha Cashier: $250, 766. 33 City Treasurer: $420. 00 ; Clyde Armory, Inc.: $ 10, 719. 00 ; Coca- Cola of Omaha: 4, 338. 70 ; Colonial Life Insurance Co: $ 645. 18 ; Cook' s Heating & Air Conditioning: 480. 00 ; Core & Main: $ 654. 42 ; Cornhusker International Truck, Inc.: $ 71. 80 ; Cox Business: $ 1, 579. 32 ; Creative Product Sourcing, Inc - DARE: $ 2, 613. 31 ; Cross DillonTire Omaha- West: $ 101. 69 ; Cummins Central Power: $ 139. 69 ; Curbside Rewards, LLC: $ 165. 00 ; Cypress Benefit Administrators, LLC: $ 646. 10 ; D& K Products: 8, 625.46 ; DexYp: $ 146. 17 ; DHHS - Dept of Health and Human Services: $ 413. 00 ; Double K Feed Inc.: $ 255. 50 ; Dultmeier Sales, LLC: $ 155. 95 ; Echo Group, Inc.: $ 94. 59 Edge Physical Therapy: $ 750. 00 ; Electronic Contracting Company: $ 19, 761. 00 ; Elliott Equipment Co.: $ 1, 640. 00 ; Essentials Natural Family Health: $ 500. 00 ; Exchange Bank Leasing Division: $ 769. 02 ; Falcon Road Maintenance Equipment: $ 96. 09 ; Fastenal Company: $ 19. 12 ; FastSigns: $ 78. 32 ; Feld Fire: $ 44. 50 ; Felsburg Holt & Ullevig: 855. 00 ; FIREPAC: $ 1, 292. 50 ; First National Bank: $ 20, 175. 42 ; First Wireless, Inc.: 500. 00 ; FP Design & Review Services, LLC: $ 1, 840. 28 ; Fraternal Order Of Police: 1, 417. 50 ; Gale/ CENGAGE Learning: $ 111. 40 ; Gina V. Physical Therapy: $ 750. 00 ; Golf Buddy: $ 143. 00 ; H & H Chevrolet: $ 466. 21 ; H2 Sales: $ 156. 65 ; Hawkins, Inc.: 4, 958. 57 ; HD Supply Construction and Industrial: $ 144. 35 ; Heartland Pest Control Inc.: 552. 00 ; Heartland Tires & Treads - Omaha: $ 661. 34 ; Heiman, Inc.: $ 13, 500. 00 ; Heimes Corp.: $ 98. 24 ; Helena Chemical Company: $ 900. 00 ; Helget Gas Products Inc: 23. 31 ; Home Depot Credit Services: $ 1, 205.68 ; Hometown Leasing: $ 168. 14 ; Honeyman Rent- All 1: $ 32. 70 ; Host Coffee Service: $ 44. 50 ; Hydro Optimization & Auto Solutions: $ 830. 87 ; Hy- Vee: $685. 00 ; Ideal Pure Water: $ 19. 90 ; Ingram Library Services: $ 16. 06 ; Interstate All Battery Center: $79. 60 ; Iowa Prison Industries: $ 66.40 ; Itron, Inc: $ 256. 96 ; Jerry Prazan: $ 171. 08 ; Johnson Brothers of Nebraska: $ 3, 470. 17 ; 2 July 3, 2018 Jones Automotive, Inc: $514. 62 ; K Electric Company, Inc.: $ 1, 410. 96 ; Koley Jessen PC, LLO: $ 566. 00 ; Kriha Fluid Power Co., Inc.: $ 75. 58 ; Kristine Baldwin: $ 79. 00 ; Kronos Incorporated: $ 617, 029. 02 ; Kurt McClannan: $ 159. 50 ; Landport Systems, Inc.: $ 125. 00 Larsen Supply Company: $ 750. 16 ; Lincoln Children' s Museum: $ 187. 00 ; Logan Agosta: $ 25.00 ; Logan Contractors Supply, Inc.: $ 61. 75 ; Logo Logix Embroidery & Screen: $ 30. 00 ; Lunch Box Foods: $ 287. 00 ; M J Design/ Build Inc: $ 9. 83 ; Marco Technologies LLC.: $ 307. 72 ; Mariana Hurst: $ 697. 50 ; Martin Asphalt: $299. 70 ; Masek Golf Car Company: $ 626. 35 ; MdE, Inc: $ 1, 050. 00 ; Mechanical Inc.: $ 864. 75 ; Metering Technology Solutions: $ 6, 551. 61 ; Metro Landscape Mat & Recycling: $ 1, 200. 00 ; Metropolitan Utilities District: $ 340. 57 ; Michael Hauschild: $ 9. 45 ; Microfilm Imaging Systems, Inc: $ 83. 00 ; Midlands Printing & Business Forms: $ 577. 62 ; Midwest Mudjacking, Inc.: $ 1, 195. 00 ; Midwest Tape: $ 169. 91 ; Midwest Turf & Irrigation: 5, 034. 08 ; Miller & Sons Golf: $ 206. 91 ; MMS - A Medical Supply Company: $ 47. 54 ; Mower Doctor: $ 85. 97 ; Municipal Supply, Inc. of Omaha: $ 3, 222. 11 ; Napa Auto Parts: 366. 47 ; National Safety Council: $ 395. 00 ; Nebraska Environmental Products: $ 222. 52 Nebraska Notary Association: $ 150. 00 ; Nebraska Rural Water Association: $ 140. 00 ; Nebraska- Iowa Industrial Fasteners Corp.: $ 206. 11 ; Networkfleet, Inc.: $ 358. 10 ; Nick Adams: $ 59. 00 ; NMC Exchange, LLC: $ 693. 61 ; Norm' s Door Service, Inc.: $ 180. 00 ; Olsson Associates: $ 28, 384. 73 ; Omaha Compound Company: $ 2, 957.94 ; Omaha Party Palace: $ 340. 00 ; O' Reilly Auto Parts: $ 115. 00 ; Papillion Professional Fire Fighters: 893. 75 ; Papio- Missouri River NRD: $ 410, 737. 56 ; Paul Lucht & Sons, Inc: $ 4, 138. 91 ; Pay- LESS Office Products, Inc.: $ 83. 14 ; Payroll Maxx, LLC: $ 3, 006. 00 ; PCEA: $ 205. 00 Penguin Random House, LLC: $ 60. 00 ; Personnel Committee: $ 157. 50 ; Plains Equipment Group: $ 79. 56 ; Police & Firemen' s Insurance Association: $ 2, 839. 85 ; Premier- Midwest Beverage Co: $ 5, 874. 40 ; Pyramid Roofing: $ 27. 50 ; Quality Auto Repair & Towing, Inc.: $ 77. 00 ; Quality Brands of Omaha, Inc: $ 10, 636. 90 ; Rebel Pest Control, Inc.: $ 139. 00 ; Recorded Books, Inc.: $ 110. 29 ; Regal Awards, Inc: $ 141. 60 ; Republic National Distributing Company: $ 964. 33 ; Rick Corcoran: $ 195. 00 ; River City Recycling: $ 150. 00 ; Ron Turley Associates, Inc.: $ 375. 00 ; Rotella' s Italian Bakery, Inc.: 287. 97 ; Roundhouse Bunker Gear Services: $ 189. 24 ; Santander Leasing, LLC.: 225, 333. 11 ; Sapp Bros., Inc- Omaha: $23, 886. 55 ; Sarpy County: $ 16, 847. 00 ; Service Express Co., Inc.: $ 47. 62 ; Shamrock Concrete Company: $ 9, 378. 94 ; Signs by Tomorrow: $ 333. 60 ; Signs Now: $ 188. 88 ; Silex Group, LLC: $ 253. 44 ; Snap-on Industrial: $ 368. 92 ; SolutionOne: $ 42. 06 ;Southern Glazer' s Wine & Spirits of NE: 975. 22 ; Sprint: $ 103. 05 ; SRIXON/ Cleveland Golf/XXIO: $ 1, 460. 60 ; Taylor Made Golf Company: $ 237. 82 ; TD2 Nebraska Office: $ 1, 250. 00 ; Ted Nugent Kamp for Kids: 1, 338. 10 ; Ted' s Mower Sales & Service, Inc.: $ 238. 75 ; Terence A Plumb: $ 350. 00 ; Thad Hamilton: $ 127. 33 ; The Omaha World- Herald: $ 232. 88 ; The Sherwin- Williams Co.: 90. 00 ; The UPS Store - 5359: $ 10. 14 ; Thomson Reuters - West Payment Center: 360. 07 ; Timothy J. Bazar: $ 901. 05 ; TKJ Polygraph LLC: $ 300. 00 ; Tractor Supply Company: $ 117. 36 ; TruGreen Commercial: $ 116. 10 ; Turfwerks: $ 87. 17 ; Ty's Outdoor Power & Service: $ 213. 14 ; US Foods, Inc: $ 1, 459. 38 ; Utility Equipment Company: 45. 79 ; Valentinos: $ 1, 558. 75 ; Verizon Wireless: $ 638. 45 ; Vern Waskom Company: 776. 70 ; Voya Financial Fire: $ 29, 459. 84 ; Voya Financial: $ 63, 645. 46 ; Walmart Community/ SYNCB: $ 1, 495. 30 ; Washington National Insurance Co.: $ 44. 80 ; Weldon Parts Omaha: $ 486. 00 ; Wells Fargo Bank: $ 441. 00 ; Wells Fargo Financial Leasing: 3 July 3, 2018  219. 00 ; Western Sand & Gravel Co: $ 122. 44 ; Westlake Ace Hardware: $ 5. 99 ; Wildlife Learning Encounters: $ 200. 00 ; WPS - Medicare: $ 327. 10 ; ZirMed, Inc.: $ 124. 00; BILLS TOTAL: $ 2, 266, 125. 47. ORDINANCES FIRST READING: ORD. 1812 —An ordinance to approve a Change of Zone from AG ( Agricultural) to LI ( Limited Industrial) for the property legally described as a tract of land containing all of Lot 2, Oxbow Way Replat 1, a platted and recorded subdivision in Sarpy County, NE, and a part of Tax Lot 2, all located in the E1/2 of the NW'/4 of Section 2, T13N, R11 E of the 6th P. M., Sarpy County, NE, generally located SW of the intersection of S 150th St and Schram Rd. The applicant is Opus Development Company, LLC. ( Oxbow Way ( Phase 2)) — Mark Stursma —597- 2077. Introduced by Councilmember Glover. ORD. 1814— An ordinance to amend sections of Chapter 135 ( Noise Control) of the Papillion Municipal Code to define the term " incidental" relating to sounds emanating from industrial facilities; to add a new section having to do with the waiver of the maximum permitted sound levels ( dBA) for certain civic, office, commercial, and industrial use types; to add notice and process requirements having to do with designated entertainment venues; to renumber certain previously enacted sections under Chapter 135; and to provide for an effective date. The applicant is the City of Papillion. ( Noise Ordinance Amendment) —Mark Stursma — 597- 2077. Introduced by Councilmember Jaworski. ORDINANCES SECOND READING AND PUBLIC HEARINGS: ORD. 1811 — An ordinance to amend the 2017/ 2018 Fiscal Budget— Nancy Hypse — 597- 2039. Mayor Black opened the public hearing and called for proponents and opponents. No one came forward and the public hearing was closed. ORDINANCES THIRD READING AND RESOLUTIONS: RES. R18- 0090— A resolution to approve an amendment to the Master Fee Schedule pertaining to non-emergency EMS patient transport; Papillion Landing Field House usage; oversized/ overwidth, memorial, and grading permits; sewer and water connections; water usage; water taps and inspections; and administrative fees - Nicole Brown — 597- 2021. Motion to approve RES. R18-0090 by Councilmember Jaworski, second by Councilmember Stubbe. Mayor Black called for proponents and opponents. None came forward. Councilmember Stubbe made a motion to amend RES. R18- 0090 to add an " Overweight" classification to the " Oversize/ Overwidth" Permit. Second by Councilmember Gaines. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. A vote was then held to approve RES. R18- 0090 as amended. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. 4 July 3, 2018 ORD. 1804 — An ordinance to amend Article II ( Development Definitions), Article XXXI ( Civic, Commercial, and Office Design Guidelines), Article XXXII ( Industrial Design Guidelines), and Article XXXVII ( Signs) of Chapter 205 of the Papillion Municipal Code to create an 1- 80 Sign Corridor with corresponding sign regulation adjustments and to clarify the regulations applicable to non- conforming signs. The applicant is the City of Papillion— Mark Stursma— 597- 2077. Motion to approve ORD. 1804 by Councilmember Engberg, second by Councilmember Jaworski. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. RES. R18- 0115 — PUBLIC HEARING AND VOTE — A resolution to approve a Preliminary Plat for the property legally described as a tract of land located in part of the SE'/ 4 of Section 24, T14N, R11 E of the 6th P. M., Sarpy County, NE, generally 132nd located on the NW corner of S St and Cornhusker Rd. The applicant is Tribedo, LLC. ( 1- 80 Logistics Hub) —Mark Stursma —597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: Jason Thiellen, E& A Consulting, 10909 Mill Valley Rd # 100, Omaha, stepped forward on behalf of the applicant and gave a brief presentation regarding the nature of the development. Opponents: None forthcoming No one else came forward and the public hearing was closed. Motion to approve RES. R18-0115 by Councilmember Stubbe, second by Councilmember Jaworski. Councilmember Stubbe asked for a timeline regarding construction. Mr. Thiellen stated that construction for one user could begin as early as Fall 2019. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. RES. R18- 0117 — PUBLIC HEARING AND VOTE — A resolution to approve a Class I" Liquor License for MJL, LLC d/ b/ a The Good Life Sports Bar& Grill, 11336 S 96th Street, Suite 109, Papillion, NE 68046, and Manager Application for Chad M. McMahon — Nicole Brown — 597- 2021. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: Mike Kelley, Kelley Plucker LLC, 2804 S 87th Ave, Omaha, stepped forward on behalf of the applicant to answer any questions. Opponents: None forthcoming. No one else came forward and the public hearing was closed. Motion to approve RES. R18- 0117 by Councilmember Gaines, second by Councilmember Jaworski. 5 July 3, 2018 Councilmember Mumgaard asked the applicant, Chad McMahon, why he was interested in locating in Papillion. Mr. McMahon discussed his interest in providing a family-friendly venue and the location seemed ideal due to growth in the area. He added that they are renovating the location. Councilmember Jaworski asked for a tentative opening date. Mr. McMahon stated that they hope to open by late August/early September. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. ORD. 1803— An ordinance to approve a Change of Zone from LI ( Limited Industrial) and GC ( General Commercial) to LI ( Limited Industrial) and GC ( General Commercial) for the property legally described as Tax Lot 7 in the NW'/4 of the NW'/4 6th of Section 35, T14N, R11 E of the P. M., Sarpy County, NE, together with part of the NW'/4 of the NW'/4 of said Section 35, together with that part of the NEY4 of Section 34, T14N, R11 E of the 6th P. M., said Sarpy County, lying south and east of the 1- 80 right-of-way, generally located south of HWY 370, between 1- 80 and S 156th St. The applicant is Dowd Grain Co, Inc. ( Steel Ridge South) — Mark Stursma— 597- 2077. Motion to approve ORD. 1803 by Councilmember Stubbe, second by Councilmember Jaworski. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. RES. R18- 0120 — A resolution to approve a Final Plat for the property legally described as Tax Lot 7 in the NWY4 of the NW'/4 of Section 35, T14N, R11 E of the 6th P. M., Sarpy County, NE, together with part of the NW'/4 of the NW'/4 of said Section 35, together with that part of the NE% of Section 34, T14N, R11 E of the 6th P. M., said Sarpy County, lying south and east of the 1- 80 right-of-way, generally located south 156th of HWY 370, between 1- 80 and S St. The applicant is Dowd Grain Co, Inc. (Steel Ridge South) — Mark Stursma — 597- 2077. Motion to approve RES. R18- 0120 by Councilmember Stubbe, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. RES. R18- 0121 — A resolution to approve the Steel Ridge South Subdivision Agreement — Mark Stursma — 597- 2077. Motion to approve RES. R18-0121 by Councilmember Jaworski, second by Councilmember Florance. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. RES. R18- 0125— A resolution to approve $ 150, 000 in Community Betterment Funds for the City' s share of the Fricke Field restroom and concession stand facility 6 July 3, 2018 reconstruction proiect —Christine Myers — 827- 1111. Motion to approve RES. R18- 0125 by Councilmember Glover, second by Councilmember Engberg. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. RES. R18- 0132 —A resolution to approve the Sarpy County and Cities Wastewater Agency' s Proposed FY2018/ 2019 Budget — Amber Powers — 827- 1778. Motion to approve RES. R18- 0132 by Councilmember Stubbe, second by Councilmember Jaworski. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. Consideration of a Complaint of Liquor Law Violation (" Complaint"), submitted by five ( 5) residents, citing violations of Neb. Rev. Stat. § 28- 1322 and 53- 198, against retail liquor licensee Northwoods Cheese Haus/ The Stave (" Licensee"), 310 N. Washington St. and 320 N. Washington St., Papillion, NE. Mayor Black gave an overview of the process for considering a Complaint of Liquor Law Violation. He also noted that copies of the complaint as well as Neb. Rev. Stat. § 28- 1322, 53- 198, and 53- 134. 04 have been provided to the Council and entered into the record as part of the council packet. Neb. Rev. Stat. § 53- 134 and Papillion Municipal Code § 81- 2, 81- 4, and 81- 9 have also been distributed and entered into the record. City Attorney Karla Rupiper then explained the difference between RES. R18- 0129 and RES. R18- 0130 and noted that these resolutions only consider the information provided on the face of the complaint. A. RES. R18- 0129 — A resolution to determine whether the complaint substantially charges a violation by Licensee of the Nebraska Liquor Control Act —Amber Powers —827- 1778. Councilmember Stubbe asked for clarification regarding the statutes cited in the complaint. Ms. Rupiper explained that the first statute cited in the complaint, Neb. Rev. Stat. § 28- 1322, is actually part of the Nebraska Criminal Code, but that Neb. Rev. Stat. § 53- 198, also cited in the complaint, is part of the Nebraska Liquor Control Act. Councilmember Mumgaard clarified that RES. R18- 0129 and RES. R18- 0130 apply to information provided on the face of the complaint, while RES. R18- 0131 considers whether the supporting information provided in the hearing calls for action to be taken against the licensee. Motion to approve RES. R18-0129 with Option 2 selected by Councilmember Jaworski, second by Councilmember Engberg. Mayor Black called for proponents and opponents. Proponents: Sean Kelley, Kelley Plucker LLC, 2804 S 87th Ave, Omaha, stepped forward on behalf of the licensee. He stated that the face of the complaint mentions noise and other factors unrelated to the Liquor Control Act; therefore, he believes there is no substantial charge within the complaint. 7 July 3, 2018 Ronald Scott stated that Neb. Rev. Stat. § 29- 404 outlines a complaint filing procedure and that, based upon this statute, the complaint is not valid and should not have been accepted by the City because it does not define a violation of the Liquor Control Act. Heath Honeywell, 319 N Adams St, stated that he lives directly west of The Stave and does not have any issues with the activity there. Mayor Black reminded all attendees that the only issue being considered by RES. R18- 0129 is whether or not the complaint charges a violation of liquor law. Opponents: Monica Anderson, 334 N Adams St, stepped forward as one of the documented complainants and stated that this process is her last resort in alleviating her issues with noise from The Stave. Councilmember Mumgaard asked if there is a rule or regulation pursuant to the Liquor Control Act that prohibits a licensee from using their license to disturb the peace. Ms. Rupiper responded that Neb. Rev. Stat. § 53- 134. 04 dictates that "the complaint shall state the particular provision, rule, or regulation believed to have been violated." She added that the local governing body must be satisfied that the complaint substantially charges a violation, and that the question before the Council is not whether or not a provision exists within the Liquor Control Act, but whether complaint submitted states the particular provision, rule, or regulation believed to have been violated. Councilmember Engberg stated that he supports the motion on the floor because he doesn' t believe the complaint includes enough specific detail to substantially charge a violation. Councilmember Jaworski read an email he received from Phil and Cindy Wright, owners of the building at 103 E 4th St, in support of The Stave. Councilmember Glover noted that he agrees that the complaint does not provide enough detail to move forward with the process. Councilmember Mumgaard stated that he will be voting in favor of Councilmember Jaworski' s motion based upon the legal advice given by Ms. Rupiper. He added that he does not want anyone to assume that passage of this resolution implies that it' s okay for anyone to play loud music to a level that disturbs the peace of the residents. Councilmember Jaworski stated that he believes The Stave is following all laws but is being singled out. Mayor Black reiterated that passage of the motion on the floor, which includes Option 2, would dismiss the complaint and no further items would be considered. 8 July 3, 2018  Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. ADMINISTRATIVE REPORTS: Committee Reports: None. Comments from the Floor: Mark Narke, 534 E 3rd St, stated that he has known the owners of The Stave for many years. He believes they run a respectable business and are being harassed. Sandra Lab, 620 W Lincoln St Apt N208, stated that she didn' t speak during comments regarding RES. R18- 0129 because her comments weren' t directly related to the resolution, but she is frustrated that Councilmember Jaworski read an email that she believes was also irrelevant to the resolution. She added that she believes she has a right to peace and quiet. Brian Cerny, 326 N Beadle St, stated that in order for sound waves to be above 55 dBA at the residence of the previous speaker, they would have to be produced at a level of 109 dBA at The Stave. He then referenced sources that indicate that 109 dBA is equivalent to the level of sound produced at a rock concert. Ronald Scott reiterated that he believes the complaint process utilized in this meeting should not be used to address noise complaints in the future. Paul Sidwell, 831 Arlene Ave, thanked the Council for their action regarding the liquor complaint and noted that The Stave brings business to Papillion. Comments from Mayor and Council: Mayor Black gave an update on his events: ( 1) Mayor Black and Chris Myers met with Sarpy County staff and Jerry Torczon regarding a potential entertainment district; ( 2) Mayor Black, Chris Myers, and Nancy Hypse met with the Nebraska State Tax Commissioner regarding sales tax; ( 3) Mayor Black attended the SCEDC Board meeting; ( 4) Mayor Black, Amber Powers, and Lori Hansen met with Chris Tointon to discuss the long- term plan for the Sarpy YMCA. Mayor Black also noted that Governor Ricketts will be holding a press conference at 88 Tactical on July 5th to release the 2019 infrastructure package. ADJOURNMENT: Motion to adjourn by Councilmember Glover, second by Councilmember Gaines. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Kluch. Motion carried. Meeting adjourned at 8: 18 PM. CITY OF PAPILLION DA P. LACK, MAYOR 9 July 3, 2018 Attest: pAPI( 0. Z'` Ci AI€ i-? 1 I SEAL 1 Nicole Brown, City Clerk SEAL) ' I t MAY9:. i 1 k‘‘ . Q` S NEBRP 10 July 3, 2018  7/ 3/ 2018 https:// nebraskalegislature. gov/laws/ statutes. php?statute= 53- 134& print=true 53- 134. Retail, bottle club, craft brewery, microdistillery, and entertainment district licenses; city and village governing bodies; county boards; powers, functions, and duties. The local governing body of any city or village with respect to licenses within its corporate limits and the local governing body of any county with respect to licenses not within the corporate limits of any city or village but within the county shall have the following powers, functions, and duties with respect to retail, bottle club, craft brewery, microdistillery, and entertainment district licenses: 1) To cancel or revoke for brewery, microdistillery, or cause retail, craft entertainment district licenses to sell or dispense alcoholic liquor or bottle club licenses, issued to persons for premises within its jurisdiction, subject to the right of appeal to the commission; 2) To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed under the Nebraska Liquor Control Act to determine whether any provision of the act, any rule or regulation adopted and promulgated pursuant to the act, or any ordinance, resolution, rule, or regulation adopted by the local governing body has been or is being violated and at such time examine the premises of such licensee in connection with such determination. Any law enforcement officer who determines that any provision of the act, any rule or regulation adopted and promulgated pursuant to the act, or any ordinance, resolution, rule, or regulation adopted by the local governing body has been or is being violated shall report such violation in writing to the executive director of the commission ( a) within thirty days after determining that such violation has occurred, ( b) within thirty days after the conclusion of an ongoing police investigation, or ( c) within thirty days after the verdict in a prosecution related to such an ongoing police investigation if the prosecuting attorney determines that reporting such violation prior to the verdict would jeopardize such prosecution, whichever is later; 3) To receive a signed complaint from any citizen within its jurisdiction that any provision of the act, any rule or regulation adopted and promulgated pursuant to the act, or any ordinance, resolution, rule, or regulation relating to alcoholic liquor has been or is being violated and to act upon such complaints in the manner provided in the act; 4) To receive retail license fees, bottle club license fees, craft brewery license fees, and microdistillery license fees as provided in sections 53- 124 and 53- 124. 01 and entertainment district license fees as provided in section 53- 123. 17 and pay the same, after the license has been delivered to the applicant, to the city, village, or county treasurer; https:// nebraskalegislature. gov/ laws/ statutes. php? statute= 53- 134& print= true 1/ 3 7/ 3/ 2018 https:// nebraskalegislature. gov/laws/statutes. php? statute=53- 134& print=true 5) To examine or cause to be examined any applicant or any retail licensee, bottle club licensee, craft brewery licensee, microdistillery licensee, or entertainment district licensee upon whom notice of cancellation or revocation has been served as provided in the act, to examine or cause to be examined the books and records of any applicant or licensee except as otherwise provided for bottle club licensees in section 53- 123. 08, and to hear testimony and to take proof for its information in the performance of its duties. For purposes of obtaining any of the information desired, the local governing body may authorize its agent or attorney to act on its behalf; 6) To cancel or revoke on its own motion any license if, upon the same notice and hearing as provided in section 53- 134. 04, it determines that the licensee has violated any of the provisions of the act or any valid and subsisting ordinance, resolution, rule, or regulation duly enacted, adopted, and promulgated relating to alcoholic liquor. Such order of cancellation or revocation may be appealed to the commission within thirty days after the date of the order by filing a notice of appeal with the commission. The commission shall handle the appeal in the manner provided for hearing on an application in section 53- 133; and 7) Upon receipt from the commission of the notice and copy of application as provided in section 53- 131, to fix a time and place for a hearing at which the local governing body shall receive evidence, either orally or by affidavit from the applicant and any other person, bearing upon the propriety of the issuance of a license. Notice of the time and place of such hearing shall be published in a legal newspaper in or of general circulation in such city, village, or county one time not less than seven and not more than fourteen days before the time of the hearing. Such notice shall include, but not be limited to, a statement that all persons desiring to give evidence before the local governing body in support of or in protest against the issuance of such license may do so at the time of the hearing. Such hearing shall be held not more than forty-five days after the date of receipt of the notice from the commission, and after such hearing the local governing body shall cause to be recorded in the minute record of their proceedings a resolution recommending either issuance or refusal of such license. The clerk of such city; village, or county shall mail to the commission by first-class mail, postage prepaid, a copy of the resolution which shall state the cost of the published notice, except that failure to comply with this provision shall not void any license issued by the commission. If the commission refuses to issue such a license, the cost of publication of notice shall be paid by the commission from the security for costs. Source: Laws 1935, c. 116, § 85, p. 421; C. S. Supp., 1941, § 53- 385; R. S. 1943, § 53- 134; Laws 1949, c. 169, § 1( 1), p. 447; Laws 1959, c. 249, § 9, p. 868; Laws 1967, c. 332, § 9, p. 888; Laws 1983, LB 213, § 14; Laws 1984, LB 947, § 4; Laws 1986, LB 911, § 6; Laws 1988, LB 352, § 92; Laws 1988, LB 550, § 3; Laws 1988, LB 1089, § 15; Laws 1989, LB 780, § 10; Laws 1989, LB 781, § 12; Laws 1991, LB 344, § 37; Laws 1993, LB 183, § 14; Laws 1999, LB 267, § 11; Laws 2001, LB 278, § 8; Laws 2004, LB 485, § 23; Laws 2007, LB549, § 14; https:// nebraskalegislature. gov/ laws/ statutes. php? statute= 53- 134& print= true 2/ 3 7/ 3/ 2018 https:// nebraskalegislature.gov/laws/statutes. php? statute= 53- 134& print=true Laws 2010, LB861, § 68; Laws 2011, LB641, § 1; Laws 2012, LB1130, § 7; Laws 2018, LB 1120, § 17. Effective Date: July 19, 2018 Annotations The plain language of this section does not allow a county to revoke a liquor license based upon a resolution. DLH, Inc. v. Lancaster Cty. Bd. of Comrs., 264 Neb. 358, 648 N.W.2d 277 ( 2002). The provisions of this section give a local governing board the authority to cancel or to revoke a liquor license, providing that a multistep process is followed. Any cancellation or revocation is subject to appeal to the Nebraska Liquor Control Commission. Luet, Inc. v. City of Omaha, 247 Neb. 831, 530 N.W.2d 633 ( 1995). This section, as by L.B. 781, is unconstitutionally vague and amended unconstitutionally delegates legislative power. Kwik Shop v. City of Lincoln, 243 Neb. 178, 498 N.W.2d 102 ( 1993). The portion of this section amended by 1986 Neb. Laws, L.B. 911, is declared unconstitutional. Bosselman, Inc. v. State, 230 Neb. 471, 432 N.W.2d 226 ( 1988). The action of five members of the city council, in recommending denial of a liquor license, must be considered a nullity and, therefore, not a denial when a city ordinance requires a quorum of six before business may be transacted. Bond v. Nebraska Liquor Control Comm., 210 Neb. 663, 316 N.W.2d 600 ( 1982). This section authorized ordinance which provides that any liquor licensee who voluntarily closed his licensed premises for ten days without permission shall have elected to discontinue business under such license. Bali Hai', Inc. v. Nebraska Liquor Control Commission, 195 Neb. 1, 236 N.W.2d 614 ( 1975). To be valid, a resolution recommending issuance or refusal of liquor license must be adopted by a majority of all elected members of city council. Hadlock v. Nebraska Liquor Control Commission, 193 Neb. 721, 228 N.W.2d 887 ( 1975). https:// nebraskalegislature. gov/ laws/ statutes. php? statute= 53- 134& print= true 3/ 3 7/ 3/ 2018 City of Papillion, NE City of Papillion, NE Tuesday, July 3, 2018 Chapter 81. Alcoholic Beverages 81-2. Municipal powers and duties. The Council is authorized to regulate by ordinance, not inconsistent with the provisions of the Nebraska Liquor Control Act, the business of all retail and bottle club licenses carried on within the corporate limits. The Council shall further have the power and duties with respect to licensing of retailers of alcoholic beverages: A. To revoke for cause retail licenses to sell alcoholic liquors issued to persons for premises within its jurisdiction, subject to the right of appeal to the Nebraska Liquor Control Commission. B. To enter or to authorize any law enforcement officer to enter at any time upon any premise licensed by the State of Nebraska to determine whether any of the provisions of the municipal laws or the laws of the State of Nebraska are being violated. C. To receive signed complaints from any citizens within its jurisdiction that any of the municipal laws or laws of the State of Nebraska are being violated, and to act upon such complaints in the manner herein provided. D. To revoke on its own motion any license if, upon the same notice and hearings as provided in this section, it determines that the licensee has violated any of the provisions of the Nebraska Liquor Control Act or any valid and subsisting ordinance or regulation duly enacted relating to alcoholic liquors. E. To collect for the benefit of the State of Nebraska and the municipality all license fees and occupation taxes as prescribed by law. 81-4. Licensing standards and procedures. Amended 9- 5- 2006 by Ord. No. 1494] The standards and procedures for issuing liquor licenses shall be as set forth herein. The applicant shall show by clear and convincing evidence that the application will further the public interest, will provide an improvement to the neighborhood, a betterment to the City and a true increase in service to the public and will not be detrimental to the public health, safety and welfare of the City or its inhabitants. The City Council may approve the issuance of a retail liquor license to any qualified applicant if it is found by the City Council that the applicant meets the licensing standards enumerated in § 81- 4A. These standards are not necessarily of equal value but, rather, may be weighed and considered independently or cumulatively. The burden of proof and persuasion to support the application shall at all times be on the party filing the application. The failure to meet any one or more of the standards shall be grounds to deny the license. A. In determining whether any license applied for shall be approved, the City Council may consider, but shall not be limited to, the following: 1) The adequacy of existing law enforcement and the recommendation, if any, of the law enforcement agencies in the area. 2) Existing and anticipated vehicle and pedestrian traffic flow in the vicinity of the proposed licensed premises. 3) Zoning restrictions and the City's zoning, land and use policies.[ 1] 1] Editor's Note: See Ch. 170, Subdivision of Land, and Ch. 205, Zoning. https:// ecode360. com/ print/ PA1746? guid= 9705752, 9705759, 9705812 1/ 4 7/ 3/ 2018 City of Papillion, NE 4) The sanitation or sanitary conditions on or about the proposed licensed premises. 5) The existence of a citizens' protest and any other evidence in support of or opposition to the application. 6) The existing population of the City, its projected growth, the existence of licenses in the City and those licenses issued by abutting cities and those issued by the county within the zoning jurisdiction of the City and the class of such licenses. 7) The existing liquor licenses, the class of each such license and the distance and times of travel between establishments issued such licenses. 8) Whether the proposed license would be compatible with the neighborhood or community where the proposed premises are located. 9) Whether the type of activities proposed to be conducted on the licensed premises or in adjacent related outdoor areas will create unreasonable noise and disturbances. lo) The quality and management ability of the applicant, as well as the background information of the applicant( s) established by information contained in the records of the Nebraska Liquor Control Commission and investigations conducted by the Papillion Police Department or any other law enforcement agency. ii) Whether the license is required by the present or future public convenience and necessity. 12) Whether the applicant and the license, if issued, can comply with all requirements, conditions and restrictions provided for in this chapter, as amended from time to time. 13) Whether the applicant and the license, if issued, can comply with all procedural guidelines or liquor rules as are adopted or amended by the City Council; provided, however, that the City Council may at any time waive any guidelines or rule. 14) Past incidents of discrimination involving the applicants as evidenced by findings of fact before any administrative board or agency of the City or any other governmental board or agency of the City or any other government unit or any court of law. i5) Past compliance with state laws of liquor regulations and City ordinances and regulations. 16) That the application is for an on- sale license, whether it is adjunct to a legitimate food service operation as evidenced by percent of gross income allocated to food delivered, liquor and the type and extent of kitchen facilities. 17) Whether the premises are separate and distinct from the sale of other mercantile products as provided by ordinance, including the sale of gasoline. 18) The suppression of facts or the providing of nonfactual information by the applicant or its representative to the local governing body or its employees and agents in regard to the license application or liquor investigations. 19) The proximity of an impact on schools, hospitals, libraries and other public institutions. 20) The recommendation of the Police Department or any law enforcement agency. B. Notice. i) Notice of a hearing held pursuant to Neb. R. R. S.§ 53- 134 shall be given to the applicant by the City Clerk and shall contain the date, time and location of the hearing. The notice shall be published in a legal newspaper in or of general circulation in the municipality one time not less than seven nor more than 14 days before the time of hearing. Two or more proceedings which are legally or factually related may be heard and considered together unless any party thereto makes a showing sufficient to satisfy the City Council that prejudice would result therefrom. https:// ecode360. com/ print/ PA1746? guid= 9705752, 9705759, 9705812 2/ 4 7/ 3/ 2018 City of Papillion, NE 2) Except for any catering liquor license application, at the time the application is submitted for a new license or because a license has been cancelled or revoked, each applicant for a liquor license and each licensee seeking to transfer a license to a new location or to add to licensed premises shall submit to the City Clerk a list of names and addresses of the owners of property within 300 feet of the area of the licensed premises. The list shall be submitted in an electronic format if requested by the Clerk. An abstractor registered under the Nebraska Abstractors Act shall prepare the list and certify to its accuracy. A notice advising the public of the application shall be posted at the premises not less than seven days before the hearing, and written notification of the application and date of the hearing before the City Council shall be given to the property owners on the list. The requirements of this subsection may be waived by a vote of 3/ 4 of the persons elected to the City Council. Amended 7-3- 2012 by Ord. No. 1648] C. Hearings. 1) Hearings will be informal and conducted by the Mayor and the City Council or, in his absence, by the President of the City Council. The intent is an inquiry into the facts, not an adversary action. Each witness may present his or her testimony in narrative fashion or by question and answer. 2) The City Council shall not be bound by the strict rules of evidence and shall have full authority to control the procedures of the hearing including the administration or exclusion of testimony or other evidence. The Council may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals. The Mayor or, in his absence, the President of the City Council may limit testimony where it appears incompetent, irrelevant or unduly repetitious. If there is opposition to any application and such opposition desires the opportunity to present arguments and to cross- examine the applicant and any witnesses in favor of such application, they shall choose a spokesperson to perform such function who shall notify the Mayor or, in his absence, the President of the Council of his or her representation prior to the start of the hearing. 3) The order of proceedings is as follows: a) Exhibits will be marked by the City Clerk and presented to the Mayor to be circulated to the City Council members during the presentation. b) Presentation of evidence and witnesses by applicant. c) Testimony of any other citizens in favor of such proposed license. d) Cross-examination of applicant, witnesses or citizens by spokespersons or opposition, if any. e) Presentation of evidence and witnesses by opposition. f) Testimony of any other citizens in opposition to such proposed license. g) Presentation of evidence by City and law enforcement personnel. h) Cross- examination by applicant. i) Rebuttal evidence. j) Summation by applicant and opposition spokesperson, if any. 4) Any member of the City Council and City Attorney may question any witness, call witnesses or request additional information. 5) The City Council may make further inquiry and investigation following the hearing as it deems necessary and proper to decide whether said application should be granted or denied. 81- 9. Citizen complaints. Any five residents of the municipality shall have the right to file a complaint with the Council stating that any retail or bottle club licensee subject to the jurisdiction of the Council has been or is violating any provision of the https:// ecode360. com/ print/ PA1746? guid= 9705752, 9705759, 9705812 3/ 4 7/ 3/ 2018 City of Papillion, NE Nebraska Liquor Control Act1'] or the rules or regulations issued pursuant thereto. Such complaint shall be in writing in the form prescribed by the Council and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which belief is based. If the Council is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, it shall set the matter for hearing within io days from the date of the filing of the complaint and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint; provided, that the complaint must in all cases be disposed of by the Council within 3o days from the date the complaint was filed by resolution thereof, said resolution shall be deemed the final order for purposes of appeal to the Nebraska Liquor Control Commission as provided by law. Ti Editor's Note: See Neb. R. R. S.§ 53- 101 et seq. https:// ecode360. com/ print/ PA1746? guid= 9705752, 9705759, 9705812 4/4 Print Window https:// mail.yahoo. com/ d/ folders/ 1/ messages/ 36987 Subject: The Stave From: To: gjaworski@papillion. org; jglover@papillion.org Date: Tuesday, July 3, 2018, 4:54: 15 PM CDT Mr Jaworski and Mr Glover, We own the building directly across the street from The Stave. Occasionally, we are here during the evening hours, We have no complaints whatsoever. They are not noisy. We are probably the closest building to The Stave and there has never been a problem. They are great neighbors! PhD & Cindy Wright Sent from my iPad 1 of 7/ 3/ 2018, 4: 56 PM