City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, JUNE 2, 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 June 2, 2020, at 7: 00 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard, Jason Gaines, Gene Jaworski, Lu Ann Kluch, Bob Stubbe, Steve Engberg, and Mayor David P. Black. Councilmember Jim Glover was absent. Also present were Assistant City Administrator Amber Powers, Deputy City Administrator Phil Green, 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, Finance Director Nancy Hypse, and Library Director Matt Kovar. 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. orq. Presentation: Mayor Black stated that documents relative to the SCEDC 1st Quarter Report are located in the City Council Packet. ADMINISTRATOR' S REPORT: Assistant City Administrator Amber Powers provided an update: ( 1) All items for Willa and the related annexation are currently paused; ( 2) City Hall will be open, by appointment only, beginning June 15th; ( 3) The Papillion Recreation Department held their first farmer' s market of the season; ( 4) Papillion Landing will be opening June 8th with restrictions in place; ( 5) SumTur Amphitheater opened June 1st and has now been booked for most of June; ( 6) Sump Memorial Library began their Summer and also began curbside pickups; ( 7) The Fire Reading Program last week virtually Department will conduct house training burns on June 3rd at 80th & Capehart and on June 4th at 5th & Jefferson. CONSENT AGENDAITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval 3) RES. R20- 0096 — A of the minutes from the May 19, 2020 City Council Meeting; ( to approve claims as presented— Nancy Hypse— 597- 2020; ( 4) RES. R20- resolution 0095 — A resolution to approve the yearly Nebraska Public Transportation Assistance Program contract to allow the Papillion Special Transportation Bus Service to operate for seniors and the handicapped in our community for the 2020- 21 fiscal year — Lori Hansen — 597- 2041. Motion to approve the Consent Agenda by 1 June 2, 2020 Councilmember Kluch, second by Councilmember Jaworski. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. BILLS: Accela, Inc.: $ 33, 555. 64 / software; Action Batteries Unlimited, Inc.: $ 635. 56 supplies; Acushnet Company: $ 3, 380. 22 / merchandise; Adam Boehmer: $ 957. 44 reimbursement; Advanced Office Automation, Inc.: $ 248. 57 / service; AE Supply: 230. 00/ supplies; Albert Rhea: $ 224. 63/ reimbursement; All Copy Products, Inc.: $ 97. 46 supplies; Alley Poyner Macchietto Architecture PC: $ 3, 902. 13 / service; American Heart Association: $ 70. 00 / refund; AmeriPride Services Inc.: $ 48. 54 / service; Anchor Roofing: 27. 50 / refund; Anderson Industrial Engines: $ 39. 24 / supplies; ASP Enterprises, Inc: 80. 00 / supplies; Automotive Warehouse Distributors: $ 639. 32 / parts; Baker & Taylor: 1, 527. 86 / books; Baxter Ford: $ 18. 30/ parts; Black Hills Energy: $ 5, 644. 32 / natural gas; Blue Cross Blue Shield: $ 499. 76 / insurance; Body Basics Fitness Equipment: $ 516. 00 equipment; Bound Tree Medical, LLC: $ 226. 76 / supplies; Callaway Golf: $ 2, 279. 21 merchandise; Canoyer Garden Center: $ 415. 03 / supplies; Carrot-Top Industries, Inc.: 378. 69 / supplies; Cintas Loc 749: $ 1, 193. 88 / service; City Of La Vista: $ 1, 485. 30 agreement; City Of Omaha Cashier: $ 3, 750. 00/ service; Coca- Cola of Omaha: $ 1, 276. 88 merchandise; Colorado Code Consulting, LLC.: $ 1, 620. 00 / service; Concrete Supply, Inc.: $ 3, 252. 50 / service; Cox Business: $ 1, 297. 22 / utilities; Craig Gage: $ 239. 95 reimbursement; Curbside Rewards, LLC: $ 600. 00 / service; Curtis Thompson: $ 475. 75 refund; D & K Products: $ 9, 482. 25 / supplies; Danko Emergency Equipment Co: $ 173. 56 supplies; David Bahl: $ 25. 00 / reimbursement; Depository Trust Company: $ 473, 241. 25 Dexter Pump Service LLC: $ 3, 293. 06 / supplies; DHHS - Dept of Health and payment; Human Services: $ 2, 310. 00 / license; Diamond Communication Solutions: $ 6, 127. 03 service; Diamond Vogel: $ 221. 70 / supplies; Dive Rescue International, Inc.: $ 1, 478. 75 DIY Company, LLC.: $ 156, 075. 10 / service; Donna Monteleagre: supplies; Holding 41. 40 / reimbursement; Doug Huggins, petty cash: $ 2, 520. 00 / petty cash; Douglas Treasurer: $ 87. 50 / service; Dultmeier Sales, LLC: $ 121. 50 / supplies; Eakes County Office Solutions: $ 30. 49 / supplies; Contracting Company: $ 1, 335. 00 / service; Electronic Exchange Bank Leasing Division: $ 3, 527. 76/ lease; Fastenal Company: $ 59. 02/ supplies; FastSigns: $ 385. 10 / supplies; Feld Fire: $ 250. 00 / supplies; Fikes Commercial Hygiene, LLC.: $ 25. 90/ service; FleetPride: $ 27. 14/ supplies; Fraternal Order of Eagles: $ 1, 000. 00 refund; Gale/ CENGAGE Learning: $ 32. 98 / books; Galls, LLC: $ 249. 95 / supplies; H & H Chevrolet: $ 124. 95/ supplies; Hach Company: $ 330. 22/ supplies; Haney Shoe Store, Inc.: 864. 95/ supplies; Harm' s Concrete: $ 550. 00/ goods; Hawkins, Inc.: $ 2, 204. 50/ supplies; Heartland Pest Control Inc.: $ 100. 00 / service; Heartland Tires & Treads - Omaha: 787. 10 / supplies; Heimes Corp.: $ 221. 04 / supplies; Helget Gas Products Inc: $ 33. 62 supplies; Home Depot Credit Services: $ 1, 176. 08 / supplies; Hometown Leasing: 168. 14 / service; Honeyman Rent- All: $ 459. 43 / supplies; Hotsy Equipment Co. / A NE. Corp: $ 471. 13 / supplies; Hurst Greenery, Inc: $ 1, 040. 00 / supplies; Infinity Software Solutions: $ 8. 25 / service; International Code Council, Inc: $ 842. 92 / supplies; Interstate Power Systems: $ 7. 63 / supplies; J. P. Cooke Company: $ 34. 45 / supplies; James McMenamy: $ 35. 45/ refund; Jochim Precast Concrete: $ 9, 306. 34/ service; John Cvilikas: 67. 57 / reimbursement; Johnathon Hensel: $ 51. 47 / refund; Johnson Brothers of 2 June 2, 2020 Nebraska: $ 642. 32 / supplies; Jones Automotive, Inc: $ 18, 712. 59 / supplies; Joseph LaPuzza: $ 1, 050. 30 / reimbursement; Joseph Olivas: $ 196. 23 / reimbursement; Keen Hydraulic Services, Inc.: $ 590. 42 / service; KohII' s Pharmacy: $ 1, 500. 00 / supplies; Koley Jessen PC, LLO: $ 9, 320. 45 / legal; Landport Systems, Inc.: $ 125. 00 / service; Larsen Supply Company: $ 532. 76 / supplies; Lee BHM Corp.: $ 2, 145. 00 / supplies; Logan Contractors Supply, Inc.: $ 634. 64 / supplies; Logo Logix Embroidery & Screen: $ 127. 00 service; Loveland Grasspad: $ 319. 41 / supplies; Marco Technologies LLC.: $ 83. 90 contract; Martin Marietta Materials: $ 1, 696. 78/ supplies; Matheson Tri- Gas, Inc.: $ 111. 67 supplies; Mechanical Inc.: $ 3, 936. 60 / service; Metro Landscape Mat & Recycling: 6, 500. 00 / supplies; Metropolitan Utilities District: $ 203. 64 / utilities; Michael Todd & Company, Inc.: $ 137. 64 / supplies; Midlands Printing & Business Forms: $ 2, 120. 96 supplies; Midwest Mudjacking, Inc.: $ 1, 542. 50 / service; Midwest Turf & Irrigation: 980. 05 / supplies; Miller& Sons Golf: $ 43. 39 / parts; Mobile Pro Shop: $ 310. 84 / supplies; Monroe Truck Equipment, Inc.: $ 254. 64/ supplies; Multivista: $ 575. 00/ service; Napa Auto Parts: $ 369. 02 / supplies; Nardya Floyd: $ 30. 00 / refund; Nebraska- Iowa Industrial Fasteners Corp.: $ 57. 71 / supplies; NMC Exchange, LLC: $ 595. 81 / supplies; Omaha Compound Company: $ 2, 590. 23 / supplies; Omaha Public Power District: $ 5, 900. 00 electricity; OMNI Engineering: $ 210. 00 / supplies; O' Reilly Auto Parts: $ 733. 86 / supplies; Overland Hills Baptist Church: $ 19, 973. 80 / refund; Papillion Times: $ 191. 15 / service; Papio Valley Nursery, Inc.: $ 250. 00 / landscaping; Paramount Linen & Uniform Rental: 20. 00 / rental; Pine Crest Homes: $ 8, 883. 94 / refund; Pomp' s Tire Service, Inc.: $ 295. 56 supplies; Postmaster: $ 240. 00 / service; Premier- Midwest Beverage Co: $ 1, 951. 95 merchandise; Quadient Finance USA, Inc.: $ 265. 00 / service; Quality Auto Repair & Towing, Inc.: $ 75. 00 / service; Quality Brands of Omaha, Inc: $ 2, 958. 20 / merchandise; RB Carpentry: $ 997. 00 / refund; Ready Mixed Concrete Company: $ 1, 734. 90 / supplies; Recorded Books, Inc.: $ 56. 90 / books; Red Wing Business Advantage Account: $ 818. 06 supplies; RNDC: $ 380. 22 / merchandise; Rotella' s Italian Bakery, Inc.: $ 107. 28 / supplies; Sapp Bros., Inc - Omaha: $ 49, 956. 69 / fuel; Sarpy County: $ 235. 00 / service; Southern Glazer' s Wine & Spirits of NE: $ 488. 19 / merchandise; Suburban Newspapers, Inc.: 1, 000. 43 / service; Susan Otradovsky: $ 50. 00 / refund; Ted' s Mower Sales & Service, Inc.: $ 477. 06 / supplies; Teresa' s Cleaning: $ 630. 00 / service; The Omaha World- Herald: 855. 50 / service; The Radar Shop, Inc.: $ 180. 50 / service; Thermo King Christensen: 279. 00 / supplies; Thomson Reuters - West Payment Center: $ 473. 62 / supplies; Tool Inc.: $ 88. 52 / supplies; Tractor Supply Company: $ 89. 94 / supplies; Tritech Supply, Forensics: $ 90. 00 / supplies; T- Time Designs, Inc: $ 925. 12 / merchandise; Turfwerks: 382. 10 / supplies; Tyler Valenzuela: $ 96. 74 / reimbursement; Uline, Inc.: $ 856. 52 supplies; UMB Bank NA: $ 81, 326. 25 / service; Union Bank & Trust Company: 278, 430. 57 / bonds; US Foods, Inc: $ 53. 90 / supplies; Utility Equipment Company: 342. 50 / supplies; Van Wall Equipment: $ 371. 97 / supplies; Verizon Wireless: $ 720. 12 utilities; Walker Parking Consultants/ Engineers Inc: $ 10, 964. 00 / service; Waste Management: $ 884. 08/ service; Waystar Health: $ 130. 20/ service; Weldon Parts Omaha: 896. 23 / parts; Wells Fargo Financial Leasing: $ 732. 00 / service; Wittek Golf Supply Co., Inc.: $ 340. 36 / supplies; Zoll: $ 511. 68 / supplies; Payroll: $ 786, 494. 95 /; Total: 2, 075, 273. 40. 3 June 2, 2020 ORDINANCES FIRST READING: ORD. 1886 — An ordinance to amend Papillion Municipal Code Chapter 104 entitled Curfew;" to provide for emergency declarations by the Mayor, and related rules including curfew orders; and to designate it as an emergency ordinance and to take immediate effect— Amber Powers — 827- 1778 ( Staff is recommending a waiver of second and third ordinance Introduced by Councilmember Engberg. readings). Mayor Black stated that he and staff were requesting a waiver of the second and third ordinance readings which requires a super majority vote. Mayor Black explained the circumstances under which the ordinance would be applicable and the reason for requesting the waiver of readings. Motion to waive second and third for ORD. 1886 by Councilmember Kluch, readings second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Councilmember Mumgaard stated that he often votes to waive readings on bonds but does not see the need to waive readings in this instance, as he believes the public should have an opportunity to speak. Councilmember Sunde asked for clarification of the Mayor' s authority to issue the curfew thatwas in effect on June 1. City Attorney Alan Thelen explained that Chapter 81 of Papillion Municipal Code allows the Mayor to declare emergencies. Councilmember Sunde asked if this could be seen as a grey area. Mr. Thelen agreed that it might and stated that the purpose of ORD 1886 is to solidify certain authorities. Councilmember Sunde stated that he was in support of the waiver of readings as well as approval of the ordinance. Councilmember Stubbe stated that he sees both sides, but noted that he does not think action on this item can wait under current circumstances. Councilmember Engberg explained that he would feel more comfortable if the Code had a more solid legal basis. Upon roll call vote, Sunde, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: Mumgaard. Absent: Glover. Motion passed. Motion to approve ORD. 1886 by Councilmember Sunde, second by Councilmember Jaworski. Councilmember Mumgaard stated that he thinks the current policy works and that he would support this ordinance if the public had an opportunity to speak. Councilmember Sunde stated that he views this ordinance as giving the Mayor the authority to protect the citizens in an emergency. 4 June 2, 2020 Councilmember Mumgaard stated that he believes this ordinance would give the Mayor total authority to tell citizens to stay home. Mayor Black clarified that this ordinance would only provide authority to regulate public spaces. Councilmember Gaines stated that he agrees with both sides but believes this may be needed quickly. He added that he is willing to discuss this issue again at a later date if needed. Councilmember Mumgaard stated that he may later seek to repeal this ordinance in order to give the public an opportunity to speak. Councilmember Jaworski stated that while this is a difficult decision, he believes it is necessary to waive the readings and vote now. Upon roll call vote, Sunde, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: Mumgaard. Absent: Glover. Motion passed. ORDINANCES SECOND READING: ORD. 1879— An ordinance to approve a Change of Zone from RE ( Rural Residential Estates) to LI/ PUD- 2 ( Limited Industrial/ Specific Planned Unit Development) ( for Lot 1) and LI ( Limited Industrial) ( for Lot 2) for the property legally described as a of Section 25, T14N, R11 E of the 6th P. M., Sarpy 1/ tract of land located in the SW 4 County, NE, generally located on the NE corner of HWY 370 and HWY 50. The applicant is Ryan Companies US, Inc. ( Willa) — Mark Stursma — 597- 2077 ( The applicant has requested that this item be continued indefinitely). Mayor Black opened the public hearing and called for proponents and opponents. None came forward. Mayor Black stated that the applicant has requested that ORD. 1879 be continued indefinitely. Motion to continue ORD. 1879 indefinitely by Councilmember Jaworski, second by Councilmember Sunde. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. ORD. 1884— An ordinance to rename Jana St as dedicated by the Southridge Valley Final Plat to be Matthies Dr — Mark Stursma — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. None came forward and the public hearing was closed. ORDINANCES THIRD READING AND RESOLUTIONS: RES. R20- 0084 — PUBLIC HEARING AND VOTE — A resolution to approve a Preliminary Plat for the property legally described as a tract of land located in the SW 1/4 of Section 25, T14N, R11 E of the 6th P. M., Sarpy County, NE, generally located on the NE corner of HWY 370 and HWY 50. The applicant is Ryan Companies US, Inc. ( Willa) — Mark Stursma — 597- 2077 ( The applicant has requested that this item be continued indefinitely). Mayor Black opened the public hearing and called for proponents and opponents. None came forward. 5 June 2, 2020 Mayor Black stated that the applicant has requested that RES. R20- 0084 be continued indefinitely. Motion to continue RES. R20- 0084 indefinitely by Councilmember Sunde, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. RES. R20- 0093 — PUBLIC HEARING AND VOTE — A resolution to approve a Class C" Liquor License for Caniglia' s A Mano LLC d/ b/ a Caniglia' s A Mano, 13178 Lincoln Rd, Ste 101, Omaha, NE 68138, and Manager Application for Glenda G Labenz — Nicole Brown — 597- 2021. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: Glenda Labenz, Caniglia' s A Mano, 13178 Lincoln Rd, Ste 101, introduced herself as the applicant and provided a brief explanation of the business. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R20- 0093 by Councilmember Jaworski, second by Councilmember Engberg. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. RES. R20- 0094 — A resolution to approve the acquisition, by condemnation if necessary, of easements across certain private property for the Turkey Road to Summit Ridge Water Transmission Main Project — Alex Evans — 597- 2043 ( Tabled from the May 19, 2020, City Council Meeting). Motion to approve RES. R20- 0094 by Councilmember Jaworski, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. RES. R20- 0056 — A resolution to award the contract for Turkey Rd to Summit Ridge Transmission Main to S. J. Louis Construction, Inc. in the amount of $ 3, 255, 845. 95 Alex Evans — 597- 2043. Motion to approve RES. R20- 0056 by Councilmember Kluch, second by Councilmember Jaworski. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. RES. R20- 0097 — A resolution to approve a request for a Private Water Supply Well permit for 5614 Highland Dr — Jeff Thompson — 597- 2043. Motion to approve RES. R20- 0097 by Councilmember Gaines, second by Councilmember Mumgaard. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. 6 June 2, 2020 RES. R20- 0098 — A resolution to approve the Fourth Amendment to the Ashbury Farm Subdivision Agreement — Mark Stursma — 597- 2077. Motion to approve RES. R20- 0098 by Councilmember Jaworski, second by Councilmember Kluch. Mayor Black called for proponents and opponents. Proponents: Randy Kuszak, Lamp Rynearson, 14710 W Dodge Rd, Ste 100, Omaha, stated that he was present on behalf of the applicant and available for any questions. Opponents: None. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. RES. R20- 0100 — A resolution to approve policies for the limited reopening of City fields and properties for adult and/ or youth sports and other recreational activities Lori Hansen— 597- 2041. Motion to approve RES. R20- 0100 by Councilmember Kluch, second by Councilmember Jaworski. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. 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. Motion to approve ORD. 1883 by Councilmember Mumgaard, second by Councilmember Engberg. Councilmember Mumgaard stated that though he originally drafted this section of code, he was in support of the amendment. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. ADMINISTRATIVE REPORTS: Committee Reports: Public Safety Committee: Councilmember Gaines stated that the Committee discussed and approved the locations of lighted speed display signs on N Washington St. Signs will be installed within the next 6- 8 weeks. He also noted that City staff will soon be providing the Committee with an update relative to food trucks in the downtown area. Comments from the Floor: None. Comments from Mayor and Council: Mayor Black provided an update on his events: 1) Mayor Black participated in daily briefings with City department heads and administration; ( 2) Mayor Black attended daily briefings with the Sarpy/ Cass Health Department and other City and County officials; ( 3) Mayor Black attended the White House briefing conference 4) Mayor Black attended the Governor' s virtual press calls; ( conferences. Councilmember Sunde clarified that the speed limits in the downtown area will not be changing; the Committee is simply attempting to make the signs more visible. 7 June 2, 2020 Councilmember Stubbe requested an update on the impact to sales taxes during the pandemic. Mayor Black stated that funds collected in May were from March sales, so receipts were not yet reflective of the full impact. He added that June receipts should be a more accurate reflection. Councilmember Engberg reminded Council members that the recent collection of sales tax from online sales should help to offset impact. Mayor Black provided a brief update on COVID- 19 and thanked the Papillion Police Department for their work during recent protests. ADJOURNMENT: Motion to adjourn by Councilmember Kluch, second by Councilmember Jaworski. Upon roll call vote, Sunde, Mumgaard, Gaines, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Glover. Motion passed. Meeting adjourned at 7: 44 PM. CITY OF PAPILLION DA P. BL CK, MAYOR ATTEST: PAP...... c) / P o OR4;.." f, fat, l' t i NICOLE BROWN, CITY CLERK I ( SEAL S g la . BRA............ 8 June 2, 2020