City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, OCTOBER 6, 2020 7: 00 P. M. The City Council of the City of Papillion met in open and public session at Papillion City Hall, on October 6, 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 Amber Powers, Deputy City Administrator Phil Green, Assistant City Attorney Carla Heathershaw Risko, Planning Director Mark Stursma, Fire Chief Bill Bowes, Deputy City Engineer Alex Evans, Police Chief Scott Lyons, Parks & Facilities Director Tony Gowan, Finance Director Nancy Hypse, Recreation Director Lori Hansen, Human Resources Director Carrie Svendsen, Chief Building Official Shawn Hovseth, and Library Director Matthew 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 Meetings Act is posted in the City Council Chambers. Proclamation: Councilmember Kluch presented a proclamation on behalf of the City Council to Mayor Black for his continued support of the Boy Scouts of America. Scouts in attendance thanked Mayor Black for his leadership and support. Amber Powers provided 1) On ADMINISTRATOR' S REPORT: City Administrator an update: ( tonight' s City Council Agenda is a resolution to set a hearing date for the Mayor and City Council to sit as the Board of Equalization; ( 2) There will be a Comprehensive Plan Meeting with the Planning Commission on October 26, 2020, from 6: 00 PM to 8: 00 PM; ( 3) There will be a Missing Middle Meeting near the end of October via Zoom. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the September 15, 2020 City Council Meeting; ( 3) RES. R20- 0171 — A resolution to approve claims as presented — Nancy Hypse— 597- 2020; ( 4) RES. R20- 0173— A resolution to approve a Master Agreement to Occupy Public Rights- of-Way and Provide Private Telecommunications Services between the City of Papillion and NebraskaLink Holdings, LLC — Jeff Thompson — 597- 2043; ( 5) RES. R20- 0174 — A resolution to set a hearing date for the Mayor and City Council to sit as the Board of Equalization — Shawn Hovseth — 597- 2029; ( 6) RES. R20- 0175— A resolution to approve final payment for 96th St and Lincoln Rd Bridge Overlays to JMN Construction LLC of Valley, NE in the amount of 38, 964. 78 — Jeff Thompson — 597- 2043; ( 7) RES. R20- 0176 — A resolution to approve an Interlocal Cooperation Agreement between the City of Papillion and Sarpy County for the urbanization of Capehart Rd from 138th St to 150th St— Jeff Thompson— 597- 2043; ( 8) RES. R20- 0177 — A resolution to approve an Interlocal Agreement for mutual aid between the law enforcement agencies within Douglas and Sarpy Counties — Scott Lyons — 597- 2035; 9) RES. R20- 0178 — A resolution to approve the reappointment of Tim Keller and Mary Watson to the Papillion Arts Council for three- year terms from April 2020 to April 2023 — 1 October 6, 2020 Introduced by Mayor David P. Black, staff report by Matt Kovar- 597- 2040; ( 10) RES. R20- 0179 - A resolution to approve easement acquisitions for the Turkey Rd to Summit Ridge Water Transmission Main Project- Alex Evans - 597- 2043. Motion to approve the Consent Agenda by Councilmember Kluch, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Councilmember Stubbe requested that item C10 RES. R20- 0179 be removed from the Consent Agenda. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. C10. RES. R20- 0179- A resolution to approve easement acquisitions for the Turkey Rd to Summit Ridge Water Transmission Main Project- Alex Evans- 597- 2043. Motion to approve RES. R20- 0179 by Councilmember Stubbe, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Councilmember Stubbe thanked City staff and the affected property owners for reaching an agreement. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Advance Stores Co 108151: $ 12. 04/ refund; BILLS: Adam Boehmer: $ 1, 261. 47/ reimbursement; Inc.: $ 716. 23 / service; Advantage Development, Inc.: $ 1, 300. 00 Advanced Office Automation, refund; Aksarben Heating & Air: $ 27. 50 / service; All Copy Products, Inc.: $ 45. 52 / supplies; AmeriPride Services Inc.: $ 125. 41 / service; Ann Thrasher: $ 125. 00 / refund; Anthony Gowan: Applichem, Inc.: $ 504. 84 / supplies; Applied Concepts, Inc.: $ 46. 20 1, 782. 00 / reimbursement; Inc.: $ 1, 149. 60 / supplies; Associated Fire Protection: $ 120. 00 / service; parts; Aqua- Chem, Automotive Warehouse Distributors: $ 234. 90 / parts; AVI Systems, Inc.: $ 21, 216. 30 / service; B- Cycle LLC: $ 36, 218. 00 / product; Bibliotheca, LLC.: Baker & Taylor: $ 2, 157. 54 / books; 1, 888. 00/ equipment; Bishop Business Equipment Co.: $ 11, 262. 00/ supplies; Black Hills Energy: 2, 987. 23 / natural gas; Blackburn Mfg. Co.: $ 955. 63 / supplies; Blue Cross Blue Shield: 360, 947. 24/ insurance; Bobcat Of Omaha: $ 155. 00/ supplies; Boot Barn Inc.: $ 224. 99/ apparel; Industries, Inc.: $ 42. 00 / supplies; Bound Tree Medical, LLC: $ 1, 389. 37 / supplies; Border States Carollo Engineers, Inc.: $ 7, 746. 45/ service; Carrie Svendsen: $ 3, 000. 00/ reimbursement; Central Christine Miller: $ 30. 00 States Group: $ 53. 60 / supplies; Chem- Sult, Inc.: $ 14, 085. 94 / supplies; Loc 749: $ 1, 090. 22 / service; City Of refund; Christopher Goley: $ 160. 00/ reimbursement; Cintas La Vista: $ 3, 068. 24/ agreement; City Of Omaha Cashier: $ 347, 067. 40/ service; City Of Papillion: Inc.: $ 14, 994. 54 / service; Coca- Cola of Omaha: $ 1, 871. 04 482. 75 / license; CivicPlus, LLC.: $ 270. 00 / service; Complete Tactical merchandise; Colorado Code Consulting, Inc.: $ 11, 234. 88/ service; Core& Main: $ 61. 52 Consultants: $ 3, 600. 00/ service; Concrete Supply, International Trucks Inc: $ 207. 39 / supplies; Cox Business: $ 2, 288. 14 supplies; Cornhusker 4, 106. 00 / supplies; Danielson / Tech Supply: $ 1, 176. 00 / supplies; utilities; D& K Products: $ Services: $ 147. 00/ license; Discount School Supply: $ 268. 35 DHHS- Dept of Health and Human Treasurer: $ 150. 00 supplies; Double Diamond Lawnscape: $ 250. 00 / service; Douglas County Inc.: $ 230. 00 / supplies; Eakes Office Solutions: $ 30. 49 / supplies; service; DXP Enterprises, For Your Image, LLC.: $ 82. 20/ service; Fastenal Elevate Roofing: $ 383. 16/ service; Expressions 00 / supplies; Felsburg Holt & Ullevig: $ 6, 156. 17 Company: $ 34. 26 / supplies; Feld Fire: $ 2, 377. LLC: $ 365. 70 service; Fikes Commercial Hygiene, LLC.: $ 51. 80 / service; Findaway World, First Wireless, Inc.: $ 1, 404. 15 / service; Frank Matyja: $ 2, 000. 00 / reimbursement; books; Cruse: $ 25. 00 / refund; General Fire and Gale/ CENGAGE Learning: $ 253. 53 / books; Garland Gilmore & Bell PC: $ 11, 500. 00 / service; Great Plains Uniforms LLC.: Safety: $ 195. 00 / service; 5, 093. 94 / supplies; H & H Chevrolet: $ 442. 46 / supplies; Hach Company: $ 330. 87 / supplies; Hauff Sports: $ 1, 111. 05 / supplies; Hawkins, Inc.: $ 4, 954. 39 / supplies; HDR Engineering, Inc.: 2, 170. 00/ service; Heartland Tires& Treads- Omaha: $ 2, 995. 21 / supplies; Helget Gas Products Inc: $ 82. 86/ supplies; Helm Mechanical/ Helm Service: $ 378. 82/ service; hibu Inc.- West: $ 52. 78 2 October 6, 2020 service; Hi- Line Inc.: $ 294. 74 / supplies; Hilti, Inc.: $ 131. 73 / supplies; Hockenbergs: $ 871. 78 supplies; Home Depot Credit Services: $ 503. 45/ supplies; Hometown Leasing: $ 168. 14/ service; Host Coffee Service: $ 235. 42 / supplies; Hy- Vee: $ 32. 77 / supplies; Ideal Pure Water: $ 30. 00 Solutions: $ 8. 25 / service; Ingram Library Services: $ 240. 57 / books; supplies; Infinity Software Interstate Power Systems: $ 1, 960. 10/ supplies; J. F. Bloom& Company,11, 000. 00/ goods; LLC: $ Jacob Davis: $ 3, 000. 00 / reimbursement; James Simonsen: $ 136. 75 / reimbursement; Jerry Prazan: $ 160. 00 / reimbursement; Jesse Robinson: $ 100, 00 / reimbursement; Jobi Diets: 2, 000. 00 / reimbursement; Johnson Brothers of Nebraska: $ 829. 32 / supplies; Johnson Drywall Co., Inc: $ 3, 088. 00 / service; Jones & Lowe PC: $ 275. 00 / services; Jones Automotive, Inc: 566. 90 / supplies; Josiah Stangl: $ 765. 45 / reimbursement; Judy Johannsen: $ 91. 35 reimbursement; K Electric Company, Inc.: $ 180. 32 / service; Kersten Precast Concrete LLC: 9, 240. 00/ supplies; King and Sons Lawn Care: $ 1, 232. 00/ service; Knoll, Inc.: $ 910. 00/ supplies; Kriha Fluid Power Co., Inc.: $ 35. 83 / supplies; Kronos SaaShr, Inc.: $ 7, 491. 85 / payroll; Lands' End Business Outfitters: $ 177. 74/ supplies; Larsen Supply Company: $ 1, 045. 85/ supplies; Logan Contractors Inc.: $ 1, 899. 57/ supplies; Logo Logix Embroidery& Screen: $ 108. 60/ service; Supply, LLC.: $ 466. 51 / contract; MariAnn Malloy Electric: $ 916. 41 / service; Marco Technologies Schimonitz: $ 5. 00 / refund; Mark H Baumann, Ind. dba Simply Golf: $ 1, 040. 00 / service; Martin 62. 39 / supplies; Matt Romaire: $ 2, 000. 00 / reimbursement; Menards: Marietta Materials: $ 120. 62/ supplies; Metering & Technology Solutions: $ 9, 031. 76 / supplies; Metro Landscape Mat 431. 96 / utilities; Michael Todd & Recycling: $ 360. 00 / supplies; Metropolitan Utilities District: $ Inc: $ 12, 880. 00 / supplies; Midlands Company, Inc.: $ 448. 20 / supplies; Mid- American Signal, Business Forms: $ 184. 49 / supplies; Midwest Petroleum Equipment: $ 400. 68 / service; Printing & Midwest Tape: $ 494. 24 / audio; Midwest Turf & Irrigation: $ 523. 22 / supplies; MNJ Technologies 357. 23 / service; Multivista: $ 7, 890. 00 Direct, Inc.: $ 2, 113. 00 / supplies; Mulhall' s Landscape: $ Muth Electric, Inc.: $ 600. 00 / service; Napa Auto Parts: $ 713. 94 / supplies; Nebraska service; 95. 68/ supplies; Nebraska- Iowa Industrial Fasteners Corp.: $ 627. 80/ supplies; Snow Equipment: $ Signs, Inc.: $ 26. 37 / supplies; NMC Exchange, LLC: $ 1, 191. 62 / supplies; Omaha Newman Compound Company: $ 3, 628. 14/ supplies; Omaha Public Power 175, 076. 01 / electricity; District: $ O' Reilly Auto Parts: $ 2, 030. 60 / supplies; Papillion Sanitation: $ 181. 25 / refuse; Paramount Linen Products, Inc.: $ 49. 58 / supplies; Pelster Uniform Rental: $ 1, 176. 56 / rental; Pay- LESS Office Construction: $ 1, 750. 86 / refund; Pinnacle Bank: $ 868. 00 / service; Platte River Concrete Co.: 2, 530. 50/ supplies; Prairie Construction Company: $ 1, 212. 90/ reimbursement; Premier- Midwest Wristbands: $ 154. 37 / supplies; Quadient Price Chopper Beverage Co: $ 3, 102. 85 / merchandise; Finance USA, Inc.: $ 282. 00/ service; Quality Auto Repair& Towing, Inc.: $ 83. 00/ service; Quality Brands of Omaha, Inc: $ 3, 884. 80/ merchandise; Quill Corporation: $ 346. 31 / supplies; Ray Martin Company of Omaha: $ 1, 588. 05/ service; Ready Mixed Concrete Company: $ 4, 586. 41 / supplies; Inc.: $ 139. 00 / service; Recorded Books, Inc.: $ 1, 156. 09 / books; Regal Rebel Pest Control, RNDC: $ 643. 76 Awards, Inc: $ 336. 00 / service; River City Recycling: $ 166. 25 / recycle; Rotella' s Italian Bakery, Inc.: $ 475. 10 merchandise; Rob Spomer: $ 391. 37 / reimbursement; Sam' s Club/ Synchrony Bank: $ 211. 77 / supplies; supplies; Ryan Shea: $ 37. 50 / reimbursement; Sandry Fire Supply LLC: $ 409. 85 / supplies; Sapp Bros., Inc - Omaha: $ 1, 854. 51 / fuel; Sarah One: $ 67. 75 Youn: $ 126. 34 / reimbursement; Sarpy County: $ 51, 783. 30 / service; Service 57. 48/ utilities; service; Southern Glazer' s Wine & Spirits of NE: $ 498. 60 / merchandise; Sprint: $ Service, Inc.: $ 105. 00 / service; Steve Bousquet: $ 22. 54 / refund; Suburban Standard Plumbing Newspapers, Superior Signals Inc: $ 62. 76 / supplies; Sysco Lincoln: Inc.: $ 1, 007. 32 / service; 2, 391. 83/ supplies; TD2 Nebraska Office: $ 4, 394. 23/ engineering; Ted' s Mower Sales& Service, Inc.: $ 35. 49 / supplies; Terracon Consultants, Inc.: $ 300. 00 / service; The Omaha World- Herald: 601. 95 / service; The Sherwin- Williams Co.: $ 707. 31 / supplies; Thermo King Christensen: J. Bazar: $ 1, 546. 74/ service; 73. 55/ supplies; Tilmer' s Tree Care, Inc: $ 140. 00/ service; Timothy Todd Dudas: $ 2, 000. 00 / reimbursement; Tool Supply, Inc.: $ 403. 50 / supplies; Tractor Supply 54. 94 / supplies; TriCare West Region: $ 311. 96 / service; TruGreen Commercial: Company: $ 3 October 6, 2020  131. 25 / service; Turfwerks: $ 204. 75 / supplies; Ty' s Outdoor Power & Service: $ 1, 667. 00 supplies; UMB Bank N. A.: $ 174, 143. 75 / service; Unite Private Networks, LLC.: $ 7, 441. 58 service; USABlue Book: $ 3, 732. 06 / supplies; Utility Equipment Company: $ 715. 52 / supplies; Verizon Wireless: $ 1, 624. 10 / utilities; Vierregger ElectricCompany, Inc.: $ 1, 181. 00 / service; Vireo: $ 8, 715. 00 / service; VW Golf, Inc.: $ 709. 30 / re- sale items; Walker Parking Consultants/ Engineers Community/ SYNCB: $ 33. 36 / supplies; Inc: $ 6, 796. 00 / service; Walmart Waste Management: $ 884. 45 / service; Waystar Health: $ 136. 71 / service; Weldon Parts Omaha: 654. 64 / parts; Wells Fargo Financial Leasing: $ 609. 00 / service; Westlake Ace Hardware: 123. 91 / merchandise; Winter Equipment Co., Inc: $ 10, 625. 73 / supplies; Payroll: / 854, 407. 08 /; Total: $ 2, 348, 379. 08. ORDINANCES FIRST READING: ORD. 1888 — An ordinance to amend Chapter 170 of the Papillion Municipal Code having to do with Subdivision of Land in its entirety, and to provide for an effective date. The applicant is the City of Papillion. ( Subdivision Regulations Amendment)— Mark Stursma— 597- 2077. Introduced by Councilmember Kluch. ORD. 1900 — An ordinance to amend the FY2020/ 2021 Budget— Nancy Hypse — 597- 2020. Introduced by Councilmember Glover. ORDINANCES SECOND READING: None. ORDINANCES THIRD READING AND RESOLUTIONS: RES. R20- 0109 — A request for approval of a Special Use Permit to authorize the construction of a principal structure within the Downtown Overlay District pursuant to 205- 118( A)( 1) and parking facility pursuant to§ 205- 118( A)( 6) to add an additional dwelling unit with a garage and associated parking to expand the Multiple- Family Residential use established on the property legally described as the N 2/ 3 of Lot 7 and all of Lot 8, Block located at 243 N Jefferson St. The applicant is Mark Jatczak. ( 243 12, Papillion, generally N Jefferson Street) — Mark Stursma — 597- 2077 ( Continued from the September 15, 2020, City Council Meeting). Mayor Black stated for the record that this item was continued from the September 15, 2020, City Council Meeting and that there is a motion on the floor to approve RES. R20- 0109 by Councilmember Gaines, second by Councilmember Sunde. Mayor Black called for council discussion. Councilmember Mumgaard noted that the applicant has modified the design and structure of the proposed building since the original motion was made and asked if a motion to amend would be necessary. Planning Director Mark Stursma stated that packet for tonight' s meeting reflected the updates, and that a motion to amend would be helpful in clarifying what was being approved. Councilmember Mumgaard made the motion to amend to account for updates as noted in the staff report, including contingencies for approval, second by Councilmember Glover. Mayor Black called for proponents and opponents on the motion to amend. Proponents: Mark Jatczak, 243 N Jefferson St, thanked the Council for working with him. Opponents: None. Councilmember Engberg thanked Mr. Jatczak for working with staff and Council members and stated his support for the updated project. Councilmember Stubbe also thanked Mr. Jatczak and asked if the contingencies would go would remain on the property if it were ever sold. Mr. Stursma 4 October 6, 2020 stated that it would. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Mayor Black called for proponents and opponents on the motion as amended. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. 1894 — An to approve a Change of Zone from R- 4 ( Multiple- Family ORD. ordinance Residential) to R- 4/ PUD- 2 ( Multiple-Family Residential with a Specific Planned Unit legally described as Lots 48— 57, Lots 62— 69, Lots Development overlay) for the property 74— 89, and Lots 122 — 125, Ashbury Hills, a subdivision generally located NW of 120th St is Ashbury Hills Development, LLC. ( Ashbury Hills Replat and Schram Rd. The applicant 1) — Mark Stursma— 597- 2077 ( Tabled from the September 15, 2020, City Council Meeting). Motion to approve ORD. 1894 by Councilmember Engberg, second by Councilmember Gaines. Councilmember Mumgaard expressed concern with the private swimming pool and asked if he could vote in favor of this item but potentially vote against a related item. Mr. Stursma stated that he could, but clarified that the items on tonight' s agenda are associated with the replat and proposed villas only, which are single- family homes with a homeowners' association to provide exterior maintenance. The change of zone is from R- 4 to R-4/ PUD- 2, which proposes a side yard Councilmember in for a neighborhood pool and clubhouse. setback adjustment exchange Mumgaard stated that he has concerns with some of the PUD terms that he would like to discuss during consideration of item F5. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0160 — A resolution to approve a Final Plat for the property legally described as 89, and Lots 122— 125, Ashbury Hills, a a replattinq of Lots 48— 57, Lots 62— 69, Lots 74— subdivision generally located NW of 120th St and Schram Rd. The597- applicant is Ashbury 2077 ( Tabled from LLC. ( Ashbury Hills Replat 1) — Mark Stursma — Hills Development, 15, 2020, City Council Meeting). Motion to approve RES. R20- 0160 by the September Councilmember Engberg, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Mayor Black noted for the record that the applicant' s representatives were present. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0161 — A resolution to approve the First Amendment to the Ashbury Hills Subdivision Agreement— Mark Stursma — 597- 2077 ( Tabled from the September 15, 2020, City Council Meeting). Motion to approve RES. R20- 0161 by Councilmember Kluch, second by Councilmember Stubbe. 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. RES. R20- 0162 — A resolution to approve the Ashbury Hills Replat 1 Planned Unit Development Agreement— Mark Stursma— 597- 2077 ( Tabled from the September 15, 2020, City Council Meeting). Motion to approve RES. R20- 0162 by Councilmember Engberg, second by Councilmember Stubbe. Mayor Black 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 5 October 6, 2020 Graves, Graves Development Resources, 3803 N 153rd St, Omaha; came forward on behalf of the applicant to answer any questions. Opponents: None. Councilmember Mumgaard asked what would happen with maintenance of the clubhouse and pool if the HOA became defunct, Mr. Stursma explained that the intent is that the pool will be permanently and owned and maintained by the HOA, and should therefore not be a financial liability that would affect future annexation. Mayor Black asked what the City' s rights would be if the HOA stopped maintaining the facility after annexation. Mr. Stursma explained that the City would have legal right to request to become custodian of the HOA and could then manage maintenance, or the City could sell the assets. Mayor Black asked if the City, as custodian, could levy the fees for maintenance on the properties within that development so the funding would not affect all taxpayers. Assistant City Attorney Carla Heathershaw Risko explained that, according to statute, if the HOA is administratively dissolved through the Secretary of State, then the City could be appointed as custodian which would give the City the rights and authority that the HOA previously had. Mr. Jobeun stated that many of the nicer neighborhoods in the Omaha area have these types of amenities, and that developers have found that these amenities have made for stronger HOAs. Councilmember Sunde asked if greenspace was required in the area. Mr. Stursma explained that this development proposes to include an elementary school with a playground which also functions as a local playground, and that trails within the greater development area tie into greenspace areas in the Ashbury Creek development nearby. Councilmember Sunde stated that his understanding is that the City requires greenspace and park areas and that he does not see that in this development. Mayor Black noted that the Comprehensive Plan will soon be updated, and that the Plan addresses city parks. Mr. Jobeun explained that all developments are required to pay park fees which go toward enhancement of all city parks. Councilmember Engberg stated that a pool was originally built as part of the Tara Heights neighborhood, but that has since been demolished and a house built on the lot. He added that the City could do that with this development down the road, if needed. Councilmember Jaworski stated that he would rather see park space than a private pool as part of the development, but will support this item because it includes single- family residences. Upon roll call vote, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: Sunde. Motion passed. ORD. 1897 — An ordinance to approve the sale and conveyance of approximately 0. 255 to Daniel and Louise Greco — Amber Powers — 827- 1111. Motion to acres of City Property approve ORD. 1897 by Councilmember Kluch, second by Councilmember Gaines. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. ORD. 1898 — An ordinance to amend Chapter 117 of the Papillion Municipal Code to increase the number of allowed Licenses for Retail Sale of Fireworks from 10 to 12, to clarify that the City Council can approve Special Fireworks Permits and Display Amber Fireworks Powers — 827- the more concise and consistent — Permits, and to make chapter 6 October 6, 2020 1111. Motion to approve ORD. 1898 by Councilmember Engberg, second by Councilmember Stubbe. Councilmember Mumgaard stated that he will be voting for this ordinance and that adding two additional licenses helps to solve the immediate problem, but that the ordinance should continue to be reviewed for long-term solutions. Councilmember Engberg explained that the two additional licenses added are for non- profit organizations only. Councilmember Sunde asked how many applicants in the previous selling season were for-profit organizations. Mayor Black stated that there were two which have been grandfathered from when ordinance was first adopted. Councilmember Mumgaard suggested phasing out the grandfather clause. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0172 — A resolution to approve the Second Amendment to the North Shore Commercial Subdivision Agreement — Mark Stursma — 597- 2077. Motion to approve RES. R20- 0172 by Councilmember Kluch, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Mayor Black noted for the record that the applicant' s representatives were present. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. ORD. 1853 — An ordinance to approve a Change of Zone from AG ( Agricultural) to R- 3 Urban Family Residential) for the property legally described as a tract of land located in the E'/ 2 of the SE '/ 4 of the SW 1/4 of Section 2, T13N, R12E excluding right- of-way, generally located at the NE corner of S 80t' St and Capehart Rd. The applicant is Shadow Lake 2, LLC. ( Shadow Lake 2 ( Phase 2)) — Mark Stursma — 597- 2077. Motion to approve ORD. 1853 by Councilmember Glover, second by Councilmember Sunde. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0180 — A resolution to approve a Final Plat for the property legally described as a tract of land located in the E 1/2 of the SE 1/4 of the SW 1/4 of Section 2, T13N, R12E excluding right- of- way, generally located at the NE corner of S 80' St and Capehart Rd. The applicant is Shadow Lake 2, LLC. ( Shadow Lake 2 ( Phase 2)) — Mark Stursma — 597- 2077. Motion to approve RES. R20- 0180 by Councilmember Stubbe, second by Councilmember Glover. Mayor Black called for proponents and opponents. Proponents: Randy Kuszak, Lamp Rynearson, 14710 W Dodge Rd, Ste 100, Omaha, came forward on behalf of the applicant and provided an explanation of Phase 2. Opponents: None. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0181 — A resolution to approve the First Amendment to the Shadow Lake 2 Subdivision Agreement — Mark Stursma — 597- 2077. Motion to approve RES. R20- 0181 by Councilmember Gaines, second by Councilmember Kluch. Mayor Black called for proponents 7 October 6, 2020 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. 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 briefings with the Sarpy/ Cass County Health Department and other local City and County officials; ( 2) Mayor Black participated in UCSC legislative update conference calls; ( 3) Mayor Black attended the Flights of Honor Exhibit; ( 4) Mayor Black attended the Wastewater Agency Board Meeting; ( 5) Mayor Black attended the Mayor's Youth Council trophy presentation; 6) Mayor Black attended the virtual OPPD Power with Purpose Community Meeting; ( 7) Mayor Black attended the Sarpy County EDC Board Meeting; ( 8) Mayor Black attended the Ribbon Cutting at Rooted Soul Boutique; ( 9) Mayor Black presented at the Chamber' s 2020 Economic Outlook event. Mayor Black noted that Fall Cleanup Days will be held October 19- 25, a Comprehensive Plan Review Meeting with the Planning Commission will be held October 26, and a meeting regarding Missing Middle Housing is being scheduled. Councilmember Stubbe suggested closing sections of Portal Rd during peak hours of Cleanup Days to keep traffic from backing up. Councilmember Engberg cited questions received from residents regarding a mask mandate and noted that the City does not have the authority to issue a mandate. 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 passed. Meeting adjourned at 8: 02 PM. CITY OF PAPILLION DAV P. BLACK, MAYOR ATTEST: NICOLE BROW , CITY CLERK pF ..... t J.• PORgTF ? ++++ SEAL = ' I i It .. 2igY 91q' ttt h / EBRF$ 8 October 6, 2020