City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, DECEMBER 3, 2019ta' 7: 00 P. M. The City Council of the City of Papillion met in open and public session at Papillion City Hall on December 3, 2019, at 7: 00 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard, Jason Gaines, Jim Glover, Gene Jaworski, Lu Ann Kluch, Bob Stubbe, Steve Engberg and Mayor David P. Black. Also present were City Administrator Christine Myers, Assistant City Administrator Amber Powers, City Attorney Alan Thelen, Planning Director Mark Stursma, 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 and Cub Scouts from Packs 359 and 60 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. Oath of Office: Police Chief Scott Lyons introduced K9 Handler Officer Elsasser and K9 Knox. Chief Lyons gave a brief background of the K9 team. Mayor Black administered the oath of office to Officer Elsasser on behalf of K9 Knox. Presentation: Josh Charvat, SCEDC, presented the 3rd Quarter Report. ADMINISTRATOR' S REPORT: City Administrator Christine Myers gave an update on the following: ( 1) The City Council Retreat will be held January 16th at the National Resource Center at Chalco Hills; ( 2) 329 Papillion Landing memberships have been 13th; ( sold and the facility is still on track to open January 3) The City' s zip code request has been denied by the USPS, but Mayor Black and Ms. Myers are looking into a possible appeal of the decision; ( 4) Thank you to Laura Schwartz and the Papillion Community Foundation, and to Parks & Facilities Director Tony Gowan and the Parks Department, for their work on Winter Wonderland. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the November 19, 2019 City Council Meeting; ( 3) RES. R19- 0240 —A resolution to approve claims as presented —Nancy Hypse —597- 2020; ( 4) RES. R19- 0237 — A resolution to approve an agreement with Nebraska Department of Transportation ( NDOT) for HWY 370 traffic signal phasing — Jeff 1 December 3, 2019 Thompson —597- 2043; ( 5) RES. R19- 0238 — A resolution to approve final payment 120th for St Improvements ( Cornhusker Rd to Roberts Rd) to Graham Construction of Omaha, NE in the amount of $ 147, 976. 65 — Jeff Thompson — 597- 2043; ( 6) RES. R19- 0242 — A resolution to approve a contract extension with DIY Holding Company, LLC for 2019- 2020 On- Call City Wide Paving Repairs — Jeff Thompson — 597- 2043; ( 7) RES. R19- 0247 — A resolution to approve the appointment of Melissa Panko to the Library Board of Advisors to fill an unexpired term from December 2019 to June 2020 — Introduced by Mayor David P. Black, Staff Report by Matthew Kovar — 597- 2040. Motion to approve the Consent Agenda by Councilmember Kluch, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Councilmember Stubbe removed item C4 from the Consent Agenda. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. C4. RES. R19- 0237 — A resolution to approve an agreement with Nebraska Department of Transportation ( NDOT) for HWY 370 traffic signal phasing — Jeff Thompson —597- 2043. Motion to approve RES. R19- 0237 by Councilmember Stubbe, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Councilmember Stubbe asked Public Works Director/City Engineer Jeff Thompson for an update on the project. Mr. Thompson stated that this is phase two of a multi- phase project to ultimately improve traffic flow on HWY 370 and explained the aspects of the phasing. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. BILLS: AA Wheel & Truck Supply Inc: $ 74. 85 / supplies; Abante Marketing: $ 1, 340. 18 service; Action Batteries Unlimited, Inc.: $ 2, 511. 54 / supplies; Acushnet Company: 1, 246. 61 / merchandise; Advanced Office Automation, Inc.: $ 110. 08 / service; All Copy Products, Inc.: $ 57. 10 / supplies; Alley Poyner Macchietto Architecture PC: $ 19, 327. 05 service; Amanda Floro: $ 648. 00 / service; Amazing Arthur Entertainment/: $ 100. 00 service; American Fence Company: $ 34. 00 / service; AmeriPride Services Inc.: $ 90. 41 service; Baxter Ford: $ 256. 61 / parts; Benjamin C. Beede: $ 80. 00 / service; Black Hills Energy: $ 4, 871. 60 / natural gas; Blue Cross Blue Shield: $ 338, 522. 36 / insurance; Border States Industries, Inc.: $ 205. 68 / supplies; Bound Tree Medical, LLC: $ 518. 51 supplies; Brite Ideas Decorating, Inc.: $ 1, 240. 75 / supplies; Callaway Golf: $ 441. 72 merchandise; Carl Hanson: $ 128. 00 / refund; Chem- Sult, Inc.: $ 1, 798. 33 / supplies; Cigna Health & Life Ins Co.: $ 478. 79 / service; Cintas Loc 749: $ 510. 75 / service; City Of La Vista: $ 4, 428. 80 / agreement; City Of Omaha Cashier: $ 304, 638. 38 / service; CivicPlus, Inc.: $ 1, 250. 00 / service; Coca- Cola of Omaha: $ 116. 58 / merchandise; Comfort Inn: $ 629. 70 / lodging; Cook' s Heating & Air Conditioning: $ 720. 00 / service; Cox Business: $ 1, 445. 00 / utilities; Curbside Rewards, LLC: $ 900. 00 / service; Cybergolf, 2 December 3, 2019 LLC: $ 1, 155. 00 / supplies; D & K Products: $ 2, 285.90 / supplies; Dell Marketing L. P.: 44. 39 / equipment; Demco: $ 119. 18 / books; Depository Trust Company: $ 1, 562, 891. 25 payment; DexYp: $ 146. 17 / service; DHHS - Dept of Health and Human Services: 4, 204. 00 / license; Diamond Communication Solutions: $ 6, 948. 48 / service; Double K Feed Inc.: $ 537. 00 / supplies; Dr. Elizabeth Marriott: $ 20. 00 / refund; Eakes Office Solutions: $ 30. 49 / supplies; Echo Group, Inc.: $ 91. 68 / supplies; Ernie Stary: $ 20. 00 refund; Express Enterprises: $ 1, 883. 15 / service; Fairfield Inn & Suites: $ 2, 039. 15 lodging; Farris Engineering: $ 1, 650. 00 / service; Fastenal Company: $ 20. 32 / supplies; FastSigns: $ 319. 93 / supplies; Feld Fire: $ 740. 23 / supplies; Ferguson Enterprises, Inc.: 93. 33 / supplies; Fikes Commercial Hygiene, LLC.: $ 25. 90 / service; FP Design & Review Services, LLC: $ 422. 56 / service; Funds by Hasler: $ 247. 00 / postage; FYRA Engineering, LLC: $ 33, 255. 85 / engineering; Galls, LLC: $ 155. 84 / supplies; General Fire and Safety: $ 101. 00 / service; Global Equipment Company, Inc.: $ 13, 778.91 / supplies; H H Chevrolet: $ 229.09 / supplies; Hawkins, Inc.: $ 360. 00 / supplies; HD Supply Construction and Industrial: $ 76. 85 / supplies; Heartland Pest Control Inc.: $ 480. 00 service; Heartland Tires & Treads - Omaha: $ 6, 291. 92 / supplies; Helget Gas Products Inc: $ 19. 15 / supplies; Hockenbergs: $ 22. 02 / supplies; Home Depot Credit Services: 1, 535.41 / supplies; Hometown Leasing: $ 255. 70 / service; Hornung' s Golf Products, Inc.: $ 199. 50 / merchandise; Host Coffee Service: $ 168. 20 / supplies; Hydro Optimization Auto Solutions: $ 1, 054. 50 / service; Hy- Vee: $ 904. 08 / supplies; Ideal Pure Water: 5. 88 / supplies; Indelco Plastics Corporation: $ 2, 734. 18 / supplies; Infinity Software Solutions: $ 8. 25 / service; Ingram Library Services: $ 30. 20 / books; Inland Truck Parts & Service: $ 1, 467. 51 / supplies; Ion Wave Technologies, Inc.: $ 10, 500. 00 / service; J. P. Cooke Company: $ 596. 76 / supplies; James T. Johnson: $ 20. 00 / refund; Jones Automotive, Inc: $ 434. 14 / supplies; Katherine Mattern: $ 932. 86 / reimbursement; Kriha Fluid Power Co., Inc.: $ 534. 35 / supplies; Kronos SaaShr, Inc.: $ 17, 665. 40 / payroll; Kurt McClannan: $ 133. 82 / reimbursement; Larsen Supply Company: $ 135. 28 / supplies; League of Nebraska Municipalities: $ 730. 26 / membership; Lifeguard MD, Inc.: 8, 473. 25 / supplies; Lincoln Marriott Cornhusker: $ 109. 00 / lodging; Logan Contractors Supply, Inc.: $ 4, 057. 77 / supplies; Logo Logix Embroidery & Screen: $ 502. 00 / service; Lyman- Richey Sand & Gravel Company: $ 293.05 / supplies; M& J' s Precision Caulking, LLC: $ 262. 50 / service; Madden Enterprises, Inc: $ 2, 603. 50 / service; Marco Technologies LLC.: $ 222. 61 / contract; Mark H Baumann, Ind. dba Simply Golf: $355. 00 service; Matheson Tri- Gas, Inc.: $ 529. 68 / supplies; Mechanical Inc.: $ 2, 191. 70 service; Menards: $ 359. 99 / supplies; Metering & Technology Solutions: $ 16, 810. 00 supplies; Metro Chiefs Association: $ 75. 00 / membership; Metropolitan Utilities District: 232. 33 / utilities; Microfilm Imaging Systems, Inc: $ 852. 00 / service; Midlands Printing & Business Forms: $ 281. 62 / supplies; Midwest Right of Way Services, Inc.: $ 232. 50 service; Midwest Sound & Lighting, Inc: $ 3, 491. 00 / service; Midwest Tape: $ 265. 83 audio; Midwest Turf & Irrigation: $ 60, 480. 00 / supplies; Miller & Sons Golf: $ 598. 05 parts; MNJ Technologies Direct, Inc.: $ 277. 00 / supplies; mySidewalk, Inc.: $ 8, 400. 00 service; Napa Auto Parts: $ 1, 219.84 / supplies; Nebraska Air Filter, Inc.: $ 366. 96 supplies;Nebraska State Fire Marshal: $ 120. 00 / registration; Nebraska- Iowa Industrial Fasteners Corp.: $ 40. 48 / supplies; Nelson Builders: $ 500. 00 / refund; Neopost USA, Inc.: $ 18. 00 / service; NMC Exchange, LLC: $ 2, 162. 84 / supplies; Office Systems Co.: 1, 650. 64 / merchandise; Omaha Compound Company: $ 59. 28 / supplies; O' Reilly Auto 3 December 3, 2019 Parts: $ 569. 00 / supplies; Papillion Community Foundation: $ 35, 000. 00 / organization; Papillion Flower Patch, Inc.: $ 52. 00 / goods; Papillion Sanitation: $ 9, 905. 53 / refuse; Papillion Times: $ 93. 60 / service; Papillion Tire, Inc.: $ 87. 67 / supplies; Plains Equipment Group: $ 50. 84 / supplies; Postmaster: $ 945. 00 / service; Quality Auto Repair & Towing, Inc.: $ 250. 00 / service; Quality Brands of Omaha, Inc: $ 147. 00 / merchandise; Quill Corporation: $ 119. 79 / supplies; Recorded Books, Inc.: $ 193. 30 / books; Red Wing Business Advantage Account: $ 764. 97 / supplies; Rexco Equipment Inc: $ 120. 11 / parts; Richard Heydenreich: $ 289. 50 / reimbursement; Rick Corcoran: $ 195. 00 / service; Sapp Bros., Inc - Omaha: $ 69, 817. 31 / fuel; Sarpy County: $ 8, 347. 10 / service; Scott Lyons: 51. 49 / reimbursement; Shamrock Concrete Company: $ 4, 083. 35 / supplies; SHI International Corp.: $ 10, 082. 66 / supplies; Shirt Shack Omaha, Inc.: $ 344. 04 / supplies; Sprint: $ 58. 02 / utilities; State Steel of Omaha: $ 130. 23 / supplies; Suburban Newspapers, Inc.: $ 1, 045. 53 / service; Superior Signals Inc: $ 310. 80 / supplies; Ted' s Mower Sales & Service, Inc.: $ 248. 48 / supplies; The UPS Store - 5359: $ 35. 38 / service; Thermo King Christensen: $ 1, 213. 15 / supplies; Thomson Reuters - West Payment Center: $ 1, 130. 27 / supplies; Thorpe' s Body Shop: $ 1, 000. 00 / service; Trane U. S. Inc.: 1, 721. 21 / service; Truck Center Companies: $ 45. 04 / supplies; TruGreen Commercial: 417. 15 / service; Ty' s Outdoor Power & Service: $ 3, 375. 09 / supplies; UMB Bank NA: 26, 326. 25 / service; Union Bank & Trust Company: $ 1, 616, 087. 68 / bonds; United Healthcare: $ 572. 66 / reimbursement; USABIue Book: $ 119. 80 / supplies; Utility Equipment Company: $ 694. 27 / supplies; Valentino' s: $ 315. 00 / food; Verizon Connect NWF, Inc.: $ 94. 75 / parts; Verizon Wireless: $ 627. 54 / utilities; Vern Waskom Company: 741. 45 / merchandise; Walmart Community/ SYNCB: $ 282. 56 / supplies; Waste Management: $ 1, 042. 06 / service; Waystar Health: $ 130. 20 / service; Weldon Parts Omaha: $ 1, 346. 45 / parts; Wells Fargo Financial Leasing: $ 219.00 / service; Westlake Ace Hardware: $ 19. 99 / merchandise; Z & Z Sales LLC: $ 102. 26 / supplies; Total: 4, 288, 528. 35. ORDINANCES FIRST READING: ORD. 1865 - An ordinance to amend Papillion Municipal Code § 35- 26( D) to increase the amount allowed each year for the annual employee recognition dinner to $ 50 per each elected official and employee - Christine Myers - 827- 1111. Introduced by Councilmember Engberg. ORDINANCES SECOND READING: ORD. 1859 - An ordinance to amend Article XXXVIII ( Wireless Telecommunications Facilities) of Chapter 205 of the Papillion Municipal Code having to do with small wireless facilities and small wireless facility support poles. The applicant is the City of Papillion - Mark Stursma - 597- 2077. Mayor Black opened the hearing and called for proponents and opponents. public No one came forward and the public hearing was closed. ORD. 1862 - An ordinance to amend the Papillion Municipal Code to add a new Chapter 207, entitled " Telecommunications," regulating small wireless facilities. The applicant is the City of Papillion - Mark Stursma - 597- 2077. Mayor Black 4 December 3, 2019 opened the hearing and called for proponents and opponents. No one came public forward and the public hearing was closed. ORD. 1863 — An ordinance to amend Chapter 9. Boards, Commissions and Committees, of the Papillion Municipal Code regarding the Library Board — Matthew Kovar — 597- 2040. Mayor Black opened the public hearing and called for proponents and opponents. Mayor Black asked Assistant City Administrator Amber Powers to explain the purpose of this ordinance. Ms. Powers stated that the ordinance will change the overarching name of all library facilities to Papillion Public Library, but the individual facility names will not change. She added that the ordinance will allow Mayor Black to move forward more quickly in filling vacancies on the Library Board. No one else came forward and the public hearing was closed. ORD. 1864 — An ordinance to approve a Change of Zone from R- 1 ( Single- Family Residential ( Low Density)) to R- 4 ( Multiple- Family Residential) for the property legally described as Tax Lot 2, Section 23, T14N, R12E, generally located at 402 E. Centennial Rd. The applicant is Papillion La Vista Community Schools. ( Papillion- La Vista High School) — Mark Stursma — 597- 2077. 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: ORD. 1855 — An ordinance to amend § 205- 119 of Article XXI, Chapter 205 of the Papillion Zoning Ordinance ( Downtown Overlay District Amendment) — Mark Stursma — 597- 2077. Motion to approve ORD. 1855 by Councilmember Jaworski, second by Councilmember Stubbe. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. RES. R19- 0233 — A resolution to elect a new City Council President for a term of one ( 1) year —Nicole Brown — 597- 2021. Mayor Black gave a brief explanation of the duties of Council President. Motion to open nominations for Council President by Councilmember Engberg, second by Councilmember Kluch. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. Councilmember Glover nominated Councilmember Stubbe. No other nominations were made. Motion to close nominations by Councilmember Sunde, second by Councilmember Kluch. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. 5 December 3, 2019 Motion to approve RES. R19- 0233 electing Councilmember Bob Stubbe as Council President by Councilmember Glover, second by Councilmember Gaines. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. RES. R19- 0234 — A resolution to approve the recommendations from the Limited Community Redevelopment Authority to work with Urban Waters for Phase I and FYRA Engineering for Phase II for the City- owned parcels within the Downtown Papillion Redevelopment Area, and to authorize City staff to work with the two developers to amend the Downtown Redevelopment Plan — Amber Powers — 827- 1778. Motion to approve RES. R19- 0234 by Councilmember Engberg, second by Councilmember Kluch. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. Mayor Black provided a brief explanation of the Redevelopment Plan and next steps in the process. RES. R19- 0236 — PUBLIC HEARING AND VOTE — A resolution to approve a Special Use Permit to allow for building additions and parking lot modifications on the property legally described as Tax Lot 2, located in Section 23, T14N, R12E of the P. M., Sarpy County, NE, generally located at 402 E Centennial Rd. The 6th applicant is Papillion La Vista Community Schools. ( Papillion- La Vista High School) — Mark Stursma — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Ste 100, Omaha, Proponents: Joe Zadina, Lamp Rynearson, 14710 W Dodge Rd, stepped forward on behalf of the applicant to answer any questions. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R19-0236 by Councilmember Jaworski, second by Councilmember Stubbe. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. RES. R19- 0241 — A resolution to approve posting of the annual occupation tax report on the City website —Nancy Hypse —597- 2020. Motion to approve RES. R19- 0241 by Councilmember Sunde, second by Councilmember Jaworski. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. RES. R19- 0243 — A resolution to authorize the City Attorney to initiate and pursue legal action against the City of Gretna for violations of Interlocal Cooperation 6 December 3, 2019 Agreement dated April 16, 2019 — Christine Myers — 827- 1111. Motion to approve RES. R19- 0243 by Councilmember Stubbe, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Mayor Black provided a brief background of the Interlocal Agreement and stated that three key actions were included which were to be completed by specific dates: de- annexation of a piece of land southeast of the interstate by Gretna and updates to Comprehensive Plans by both Cities. He noted that the City of Papillion has since updated its Comprehensive Plan and is in compliance with the agreement, but the City of Gretna is currently in violation of the agreement by not taking steps toward either of their stipulations. Mayor Black stated that he believes the City of Papillion entered into the agreement in good faith. Councilmember Mumgaard stated that he wasn' t initially in support of the agreement, but is supportive of this action if necessary. He added that he hopes the issues can be resolved without taking legal action. Councilmember Stubbe stated that he supports this resolution and is not happy that the City may have to fund litigation. Councilmember Sunde stated that he also supports this resolution and that he was disappointed in the response from the City of Gretna. Councilmember Engberg stated that he also supports the resolution and added that he assumed both sides would honor the agreement upon entering into it. He also noted that none of the circumstances have changed since both Cities entered into the agreement. Councilmember Kluch stated that she is disappointed that the situation has reached this point and that she agrees that both sides need to abide by the agreement. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. ADMINISTRATIVE REPORTS: Committee Reports: Finance & Administration Committee: Councilmember Engberg stated that the Committee discussed the Papillion Landing GMP. He added that a savings has been realized on the project and the Committee recommends moving forward with the softball complex. This will be formally presented to Council for final stated that the Committee also discussed approval. Councilmember Engberg amendments to the Field Utilization Guidelines, which will also come to Council for approval. Councilmember Engberg lastly stated that the committee discussed updates to the Master Fee Schedule regarding Papillion Landing, including the addition of monthly membership options. Comments from the Floor: Students from Papillion- La Vista South High School introduced themselves. 7 December 3, 2019 Comments from Mayor and Council: Mayor Black gave an update on his events: ( 1) Mayor Black attended the National League of Cities Conference; ( 2) Mayor Black attended the Downtown Business Association meeting; ( 3) Mayor Black attended a United Cities meeting; ( 4) Mayor Black presented to 3rd grade students at Tara Heights Elementary. Mayor Black noted that Fire Chief Bill Bowes participated in a senior softball league and was named the 2019 Nebraska Senior Softball Manager of the Year. Councilmember Glover stated that he is pleased to see that the new crosswalk signs downtown have been slowing traffic, which is what they were designed to do. ADJOURNMENT: Motion to adjourn by Councilmember Glover, second by Councilmember Stubbe. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion carried. Meeting adjourned at 7: 54 PM. CITY OF PAPILLION D A. P. :- A - A OR ATTEST: 1114( 61( NICOLE BROWN, CITY CLERK APtLtiotih 1 czY SEAL r l P NEBRPS ti, 8 December 3, 2019