City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, MAY 5, 2020 ( a_ 7: 00 P. M. The City Council of the City of Papillion met in open and public session at Papillion City Hall, and on virtual meeting via Zoom, on May 5, 2020, 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, Deputy City Administrator Phil Green, City Attorney Alan Thelen, Human Resources Director Carrie Svendsen, Planning Director Mark Stursma, Fire Chief Bill Bowes, Deputy City Engineer Alex Evans, Police Chief Scott Lyons, Parks & Facilities Director Tony Gowan, Recreation Director Lori Hansen, Finance Director Nancy Hypse, Library Director Matt Kovar, Chief Building Official Shawn Hovseth, and Communications Manager Trent Albers. 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 and on the City' s website www.papillion. org. Proclamation: Mayor Black read a proclamation for Public Service Recognition Week and thanked City staff for their continued hard work. ADMINISTRATORS REPORT: City Administrator Christine Myers provided an update: 1) The Public Safety Committee will reconvene on May 19th to discuss updates on potential projects; ( 2) The pavement improvement project has begun and will be updated to include the areas annexed in 2019; ( 3) The Sarpy County Board voted to purchase the Black Hills Energy building, and the County will be moving their administrative offices there for a few years. CONSENT AGENDA ITEMS: ( 1) Approval of the presented; ( 2) Approval agenda as of the minutes from the April 21, 2020 City Council Meeting; ( 3) RES. R20- 0088 — A resolution to approve claims as presented— Nancy Hypse— 597- 2020; ( 4) RES. R20- 0087 — A resolution to approve the Second Amendment of Franchise Agreement with Cox Communications Omaha, LLC — Christine Myers — 827- 1111. Motion to approve the Consent Agenda by Councilmember Sunde, second by Councilmember Gaines. 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 passed. 1 May 5, 2020 BILLS: AA Wheel & Truck Supply Inc: $ 551. 25 / supplies; Abante Marketing: $ 355. 54 service; ABM: $ 4, 085. 00 / service; Acushnet Company: $ 8, 826. 10 / merchandise; Adidas America, Inc.: $ 950. 17/ supplies; Advanced Office Automation, Inc.: $ 151. 73/ service; AE Supply: $ 425. 00 / supplies; All Copy Products, Inc.: $ 60. 40 / supplies; American Cancer Society: $ 1, 025. 00 / refund; Arrowhead Forensics: $ 971. 65 / supplies; Artistic Sign & Design, Inc: $ 300. 00 / contract; ASP Enterprises, Inc: $ 490. 00 / supplies; Associated Fire Protection: $ 883. 30 / service; Automotive Warehouse Distributors: $ 169. 20 / parts; Back9 Marketing: $ 700. 00 / service; Baker & Taylor: $ 1, 146. 75 / books; Baxter Ford: $ 402. 28 parts; Black Hills Energy: $ 11, 157. 55 / natural gas; Blue Cross Blue Shield: $ 348, 370. 33 insurance; Bound Tree Medical, LLC: $ 827. 28 / supplies; Brandon Industries, Inc.: 1, 808. 00 / supplies; Callaway Golf: $ 222. 06 / merchandise; Carl Jarl: $ 850. 68 / service; Chad Riddle: $ 60. 00 / refund; Chemtrade Chemicals Corporation: $ 2, 752. 81 / supplies; Cintas Loc 749: $ 937. 01 / service; City Of La Vista: $ 822. 21 / agreement; Coca- Cola of Omaha: $ 584. 54 / merchandise; Commonwealth Communications: $ 360. 00 / service; Concrete Supply, Inc.: $ 2, 894. 63/ service; Consolidated Plastics Company, Inc.: $ 751. 95 goods; ConvergeOne, Inc.: $ 7, 549. 00 / supplies; Cornhusker International Trucks Inc: 96, 750. 00 / supplies; Cox Business: $ 2, 417. 85 / utilities; D & K Products: $ 11, 722. 85 supplies; Dell Marketing L. P.: $ 292. 20 / equipment; DexYp: $ 146. 17 / service; DHHS - Dept of Health and Human Services: $ 18. 00/ license; Diamond Communication Solutions: 2, 500. 00 / service; DXP Enterprises, Inc.: $ 85. 00 / supplies; Eakes Office Solutions: 431. 02 / supplies; Elizondo Enterprises: $ 106. 00 / service; Express Enterprises: 1, 230. 50 / service; Expressions For Your Image, LLC.: $ 1, 200. 00 / service; Fastenal Company: $ 48. 12 / supplies; FastSigns: $ 62. 72 / supplies; Feld Fire: $ 485. 00 / supplies; Felsburg Holt & Ullevig: $ 5, 795. 35 / service; Ferguson Enterprises, Inc.: $ 188. 98 supplies; Fikes Commercial Hygiene, LLC.: $ 25. 90 / service; Gale/ CENGAGE Learning: 87. 85 / books; Galls, LLC: $ 835. 97 / supplies; Geis Inc.: $ 250. 00 / service; Grainger, Inc.: 44. 37 / supplies; Great Plains Uniforms LLC.: $ 4, 687. 50 / supplies; H& H Chevrolet: 34. 20 / supplies; H2 Sales: $ 210. 23 / supplies; Happy Trees: $ 1, 800. 00 / service; Hawkins, Inc.: $ 200. 00 / supplies; HD Supply Construction and Industrial: $ 19. 38 supplies; Heartland Pest Control Inc.: $ 100. 00 / service; Heartland Tires & Treads - Omaha: $ 1, 354. 28 / supplies; Heavy Duty Specialists, Inc.: $ 78. 57 / supplies; Heimes Corp.: $ 390. 44 / supplies; Helget Gas Products Inc: $ 48. 64 / supplies; Hi- Line Inc.: 428. 30 / supplies; Home Depot Credit Services: $ 632. 51 / supplies; Hometown Leasing: 168. 14 / service; Host Coffee Service: $ 233. 52 / supplies; Hotsy Equipment Co. / A NE. Corp: $ 224. 00 / supplies; Humana: $ 190. 16 / refund; Ideal Images, Inc.: $ 534. 00 / service; Ideal Pure Water: $ 12. 51 / supplies; Ingram Library Services: $ 49. 73/ books; Inland Truck Parts& Service: $ 1, 072. 72/ supplies; Interstate Power Systems: $ 1, 401. 34/ supplies; J. P. Cooke Company: $ 34. 50 / supplies; Jochim Precast Concrete: $ 6, 733. 34 / service; Johnson Brothers of Nebraska: $ 522. 32 / supplies; Johnson Controls Security Solutions: 784. 94 / service; Jones Automotive, Inc: $ 1, 255. 80 / supplies; K Electric Company, Inc.: 1, 679. 72/ service; KB' s Food Shops: $ 1, 162. 00/ service; Knoll, Inc.: $ 1, 176. 58/ supplies; Koley Jessen PC, LLO: $ 585. 00 / legal; Lady Cougar Softball: $ 280. 00 / refund; Larsen Supply Company: $ 130. 63 / supplies; LG Playgrounds LLC: $ 357. 04 / supplies; Madden Enterprises, Inc: $ 19, 636. 00 / service; Malloy Electric: $ 305. 30 / service; Marco Technologies LLC.: $ 220. 03 / contract; Menards: $ 9. 94/ supplies; Metering & Technology 2 May 5, 2020 Solutions: $ 1, 004. 83 / supplies; Metro Landscape Mat & Recycling: $ 560. 00 / supplies; Metropolitan Utilities District: $ 243. 33 / utilities; Michael Todd & Company, Inc.: $ 2, 293. 01 supplies; Microfilm Imaging Systems, Inc: $ 77. 00 / service; Midlands Business Journal: 190. 00 / service; Midlands Family Urgent Care: $ 957. 00 / Medical; Midwest Turf & Irrigation: $ 545. 86 / supplies; Mike Stanner: $ 600. 00 / refund; Morrow & Associates, Inc.: 7, 056. 63 / service; Mower Doctor: $ 19. 50 / service; Mulhall' s Landscape: $ 7, 021. 52 service; Multivista: $ 9, 875. 00 / service; Napa Auto Parts: $ 201. 30 / supplies; Nebraska Department of Revenue: $ 100. 00 / government; Nebraska Furniture Mart Inc: $ 1, 488. 00 merchandise; Nebraska Golf Association: $ 98. 00 / membership; Nebraska Secretary of State: $ 30. 00 / service; Nebraska- Iowa Industrial Fasteners Corp.: $ 260. 21 / supplies; Neenah Foundry Company: $ 189. 00 / supplies; NMC Exchange, LLC: $ 595. 81 / supplies; Novotx, LLC.: $ 52, 000. 00 / service; Nuts And Bolts, Inc: $ 19. 44 / supplies; Odeys Inc.: 140. 80/ supplies; O' Keefe Elevator Company, Inc.: $ 204. 74/ service; Omaha Compound Company: $ 6, 951. 93 / supplies; O' Reilly Auto Parts: $ 909. 53 / supplies; Papillion La Vista Schools Foundation: $ 500. 00 / refund; Plumbing, LLC.: $ 985. 00 / service; Papillion Papillion Sanitation: $ 2, 514. 60 / refuse; Papillion Tire, Inc.: $ 81. 55 / supplies; Pomp' s Tire Service, Inc.: $ 39. 71 / supplies; Premier- Midwest Beverage Co: $ 532. 60 / merchandise; ProPet Distributors, Inc.: $ 241. 00 / supplies; Quadient Finance USA, Inc.: $ 452. 00 Brands of Omaha, Inc: $ 1 , 159. 50 / merchandise; Quill Corporation: service; Quality 30. 56 / supplies; R & S Press, Inc.: $ 340. 00 / supplies; Ready Mixed Concrete Company: 634. 30 / supplies; Recorded Books, Inc.: $ 56. 90 / books; RNDC: $ 927. 23 / merchandise; Rose Equipment Inc: $ 869. 82 / supplies; Rosemary Osborn: $ 60. 00 / refund; Rotella' s Italian Inc.: $ 67. 05 / supplies; Roth Enterprises, Inc: $ 384. 00 / goods; Ruby Croft: Bakery, 30. 00 / refund; S& W Fence, Inc: $ 62, 490. 92 / service; Sapp Bros., Inc - Omaha: 9, 754. 07 / fuel; Sarpy County: $ 19. 00 / service; Silex Group, LLC: $ 443. 70 / supplies; SirsiDynix: $ 8, 699. 83 / service; Sol Lewis Engineering Co: $ 3, 005. 00 / service; Southern Glazer' s Wine & Spirits of NE: $ 1, 877. 52 / merchandise; SRIXON/ Cleveland Golf/XXIO: 1, 792. 80 / merchandise; State Steel of Omaha: $ 369. 22 / supplies; SymbolArts, LLC: TD2 Nebraska Office: $ 1 , 067. 68 / engineering; TeamSideline: 1 , 540. 65 / supplies; 599. 00 / service; Ted' s Mower Sales & Service, Inc.: $ 423. 68 / supplies; The Cleaning MART, Inc.: $ 51. 92 / supplies; The Omaha World- Herald: $ 1, 059. 10 / service; The Sherwin- Williams Co.: $ 829. 10 / supplies; The UPS Store - 5359: $ 34. 64 / service; Thomson Reuters - West Payment Center: $ 374. 62 / supplies; Thorpe' s Body Shop: 591. 52 / service; Todd Remmers: $ 20. 00 / reimbursement; Triple Play Turf, Inc.: $ 700. 00 service; Tritech Forensics: $ 64. 50 / supplies; TruePoint Solutions, LLC.: $ 2, 062. 50 service; Turfwerks: $ 20. 06/ supplies; Cole: $ 25. 00/ reimbursement; Uline, Inc.: $ 83. 57 Ty supplies; UMB Bank NA: $ 4, 287. 50 / service; Utility Equipment Company: $ 1, 492. 38 supplies; Van Wall Equipment: $ 576. 35 / supplies; Verizon Wireless: $ 860. 69 / utilities; Vessco, Inc.: $ 1 , 536. 57 / supplies; Vireo: $ 990. 00 / service; Walker Parking Consultants/ Engineers Inc: $ 3, 214. 00 / service; Walmart Community/ SYNCB: $ 683. 78 supplies; Waste Management: $ 1, 382. 83 / service; Waystar Health: $ 130. 20 / service; Weldon Parts Omaha: $ 373. 60 / parts; Wells Fargo Financial Leasing: $ 342. 00 / service; Gravel Co: $ 837. 49 / supplies; Westlake Ace Hardware: $ 93. 92 Western Sand & Service: $ 202. 59 / supplies; Zimco Supply Co.: $ 1, 050. 00 merchandise; Zep Sales & supplies; Zoobean, Inc.: $ 949. 00/ service; Payroll: $ 785, 270. 77/; Totals: $ 1, 580, 720. 11. 3 May 5, 2020 ORDINANCES FIRST READING: ORD. 1881 — An ordinance to annex certain real estate to the City of Papillion, Nebraska, and to provide for an effective date thereof — Philip Green — 827- 1778. Introduced by Councilmember Engberg. ORD. 1882— An ordinance to change the official Zoning Map of the City of Papillion in accordance with Section 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. The applicant is the City of Papillion— Mark Stursma— 597- 2077. Introduced by Councilmember Kluch. ORD. 1883 — An ordinance to amend Papillion Municipal Code § 18- 2 regarding contracts between the City of Papillion and non- profit organizations — Christine Myers — 827- 1111. Introduced by Councilmember Mumgaard. ORDINANCES SECOND READING: ORD. 1878 — An ordinance to amend Article XXIII ( PUD Planned Unit Development Overlay District) of Chapter 205 of the Papillion Zoning Ordinance. The applicant is the City of Papillion. ( PUD Planned Unit Development Overlay District Regulations Ordinance Amendment — 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. ORD. 1880 — An ordinance to approve a Change of Zone from AG ( Agricultural) to CC ( Community Commercial) and R- 4 ( Multiple- Family Residential) for the property legally described as a tract of land located in part of the NE 1/4 of the NW 1/4 and part of the NW 1/ 4 of the NW 1/ 4 located in Section 1, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located SE of 72nd St & Schram Rd. The applicant is Papio Park, LLC. ( Seventy- Two Place) — 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, Ste 100, Omaha; Larry Jobeun, Fullenkamp, Jobeun, Johnson, and Beller, 11440 W Center Rd, Ste C, Omaha; and Gene Graves, Graves Development Resources, 3803 N 153rd St, Ste 201, Omaha, were present on behalf of the applicant. Mr. Thiellen provided a brief overview of the project. Opponents: None. No one else came forward and the public hearing was closed. 4 May 5, 2020 ORDINANCES THIRD READING AND RESOLUTIONS: ORD. 1877 —An ordinance to approve a Change of Zone from Limited Industrial ( LI) to Mixed Use ( MU) for the property legally described as Lots 1, 2, and 4, Prairie Corners Five Replat Two ( FKA part of Lots 3 and 4, Prairie Corners Five), Lot 5, Prairie Corners Five, and Lots 1 and 2, Prairie Corners Five Replat One, Lots 6, 7, 8, and 9, Prairie Corners Two, generally located east of the intersection of Highway 50 and Cornhusker Road. The applicants are Love' s Travel Stops & Country Stores, Inc., Mytty properties, LLC, and Werner Enterprises, Inc. ( Prairie Corners Mixed Use District) — Mark Stursma— 597- 2077. Motion to approve ORD. 1877 by Councilmember Sunde, secondby Councilmember Jaworski. roll call Sunde, Mumgaard, Upon vote, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0076 — 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 NE 1/ 4 of the NW 1/ 4 and part of the NW 1/ 4 of the NW 1/ 4 located in Section 1, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located SE of 72nd St & Schram Rd. The applicant is Papio Park, LLC. ( Seventy- Two Place) — 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, Ste 100, Omaha; Larry Jobeun, Fullenkamp, Jobeun, Johnson, and Beller, 11440 W Center Rd, Ste C, Omaha; and Gene Graves, Graves Development Resources, 3803 N 153rd St, Ste 201, Omaha, were presetn on behalf of the applicant. Mr. Thiellen provided a brief overview of the project. Mr. Jobeun stated that the applicant wanted to request that this item be tabled until the next City Council Meeting so they can further review the contingencies. Mayor Black stated that the Council could discuss the request following the public hearing. Councilmember Mumgaard noted that there had been much discussion regarding this item at the Planning Commission and asked why the contingencies had not yet been met. Mr. Jobeun stated that he believes most of the contingencies related to the source and use of funds have been resolved, but that they would like additional time to review contingencies A- G and return to Council with a clean resolution. Councilmember Mumgaard stated that he would support the request to table this to the next meeting. Mayor Black stated that the public hearing should be concluded prior to continuing discussion on the motion to table. Councilmember Mumgaard asked if the applicant thought the final plat should be presented to Council if contingencies are still outstanding. Mr. Jobeun stated that if any differences of opinion between the developer and City staff exist at that point, they would like the opportunity to address those with the Council. 5 May 5, 2020 Mayor Black called for additional proponents and opponents. No one else came forward and the public hearing was closed. Motion to table RES. R20- 0076 to the next City Council Meeting by Councilmember Sunde, second by Councilmember Gaines. Councilmember Engberg stated that he agrees that the applicant should have the opportunity to address the Council, but noted that the Council rarely disagrees with City staff. He then asked Planning Director Mark Stursma if this development is a community model with businesses directly serving the area. Mr. Stursma explained that this development does provide for a mix of uses, but is not part of the Capehart Road plan. Councilmember Engberg asked if the financial stability of this development relies upon a multi- family component. Mr. Jobeun explained that it does because the source and use of funds is based on a variety of uses. He added that the developer has been working with City staff toward phasing development of Schram Rd in order to reach an acceptable GO ratio. Councilmember Jaworski reminded the applicant that staff suggestions generally come from direction given by the Council. Councilmember Sunde agreed, but noted that the Council has the final word on all decisions. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0078 — PUBLIC HEARING AND VOTE — A resolution to approve a Mixed Use Development Agreement for the property legally described as Lots 1, 2, and 4, Prairie Corners Five Replat Two ( FKA part of Lots 3 and 4, Prairie Corners Five), Lot 5, Prairie Corners Five, and Lots 1 and 2, Prairie Corners Five Replat One, Lots 6, 7, 8, and 9, Prairie Corners Two, generally located east of the intersection of HWY 50 and Cornhusker Rd. The applicants are Love' s Travel Stops & Country Stores, Inc., Mytty properties, LLC, and Werner Enterprises, Inc. ( Prairie Corners Mixed Use District)— Mark Stursma— 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: Matt Hubei, Schemmer, 1044 N 115th St, Ste 300, Omaha, spoke on behalf of the applicant and provided a brief explanation of the project. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R20- 0078 by Councilmember Jaworski, second by Councilmember Glover. Councilmember Mumgaard stated that he is particularly pleased with the hotel referenced by Mr. Hubei and noted that it adds a tremendous amount of value to that location. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. 6 May 5, 2020 RES. R20- 0085— PUBLIC HEARING AND VOTE — A resolution to approve a Special Use Permit to allow a beauty salon as a home- based business/ home occupation for the property legally described at Lot 261, Summit Ridge, generally located at 1117 Summit Ridge Dr. The applicant is Sarah Schuhmacher ( Sarah Schuhmacher' s Salon) — Mark Stursma — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: Sarah Schuhmacher, 1117 Summit Ridge Dr, explained her Special Use Permit request. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R20- 0085 by Councilmember Jaworski, second by Councilmember Kluch. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. ADMINISTRATIVE REPORTS: Committee Reports: None. Comments from the Floor: None. Comments from Mayor and Council: Mayor Black provided an update on his events: 1) Mayor Black attended daily briefings with the Sarpy/Cass Health Department and other City and County Mayor Black attended the White House briefing officials; ( 2) conference calls; ( 3) Mayor Black attended the Governor' s virtual press conferences. Councilmember Kluch welcomed and introduced a Boy Scout who attended the virtual meeting. Councilmember Sunde asked if it would be possible to open the ballfields for kids to play baseball and softball. Mayor Black explained that he has had several groups ask but noted that the Governor' s Directed Health Measure states that there are to be no organized sports through the month of May. He added that the Sarpy/ Cass Health Department is following up with the Governor to clarify if that includes practices. Mayor Black explained that the Directed Health Measures are orders that municipalities must follow and enforce. Closed Session: Mayor Black stated for the record that the purpose of the closed session was to protect the public interest to discuss land acquisition/ potential litigation. Motion by Councilmember Glover, second by Councilmember Kluch to go into closed session. 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 passed. Mayor Black restated for the record that the purpose of the closed session was only to discuss land acquisition/ potential litigation. Mayor Black then stated that the closed session would include the following: Mayor, City Council, City Administrator, Deputy City Administrator, City Attorney, City Clerk, and Deputy City Engineer. The closed session began at 7: 45 PM. 7 May 5, 2020 Upon returning from closed session, Mayor Black stated for the record that the only items discussed in closed session were land acquisition/ potential litigation. Motion by Councilmember Gaines, second by Councilmember Glover to come out of closed session. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Council returned from closed session at 8: 11 PM. ADJOURNMENT: Motion to adjourn by Councilmember Kluch, second by Councilmember Glover. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Meeting adjourned at 8: 12 PM. CITY OF PAPILLION DAVID P. BLACK, MAYOR ATTEST: of ifiGatu & d2 t t 11 4 NICOLE BROWN, CITY CLERK F, : il• SEAL 17) BRAS`1 =_ 8 May 5, 2020