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City Council

Regular Meeting

Papillion, NE · October 20, 2020

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Minutes

MINUTE RECORD PAPILLION BOARD OF EQUALIZATION MINUTES TUESDAY, OCTOBER 20, 2020 (&. 6: 45 P. M. The Board of Equalization of the City of Papillion met in open and public session at Papillion City Hall on October 20, 2020, at 6: 45 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard, Jim Glover, Gene Jaworski, Lu Ann Kluch, Bob Stubbe, Steve Engberg, and Mayor David P. Black. Councilmember Jason Gaines was absent. Also present were City Administrator Amber Powers, Deputy City Administrator Phil Green, Planning Director Mark Stursma, Fire Chief Bill Bowes, Public Works Director/ City Engineer Jeff Thompson, Police Chief Scott Lyons, Parks & Facilities Director Tony Gowan, Finance Director Nancy Hypse, Recreation Director Lori Hansen, and Chief Building Official Shawn Hovseth. Mayor Black led those present in the Pledge of Allegiance. Affidavit of Publication: Notice of the meeting was given in advance thereof by publication in the Papillion Times, a legal newspaper, on the 7th day of October, 2020. A copy of proof of the publication, being attached to these minutes, is available in the office of the City Clerk. Notice of the meeting was simultaneously given to the Mayor and members of the City Council, and was mailed to all property owners proposed to be assessed. An affidavit of the mailing of such Notice is attached to these minutes. All proceedings of the Mayor and City Council were taken while the convened meeting was open to the attendance of the public. Public announcement that a current copy of the open meeting act is posted in the City Council Chambers. AGENDA ITEMS Approval of the agenda as presented. Motion to approve the Agenda by Councilmember Engberg, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Gaines. Motion passed. RECOMMENDED ACTIONS RES. R20- 0187 — A resolution to approve the assessment of unpaid enforcement expenditures against parcels of real estate— Shawn Hovseth — 597- 2029. Motion to approve RES. R20- 0187, attached hereto, by Councilmember Stubbe, second by Councilmember Mumgaard. Mayor Black called for proponents and opponents. Proponent: Chief Building Official Shawn Hovseth gave a brief timeline of events relative to the charges. Councilmember Sunde asked for a description of the specific code violations. Mr. Hovseth explained that complaints were received via the Mayor' s Hotline regarding overgrown weeds and grass. Councilmember Sunde asked why the notification of the meeting was sent to a PO box for one of the property owners. Mr. Hovseth stated that City Code mandates that the notification be sent to the owner' s address of record with Sarpy County. Opponent: Tim Engler, 2209 Erin Circle, explained that he has been away from the home for approximately five years due to health issues but had hired a young neighbor to mow the lawn. Mr. Engler stated that he received notice to mow the lawn within five days, but the City had it 1 October 20, 2020 mowed prior to that date. Mr. Engler explained that he does not believe he was given the chance to fix the issue, but now has someone helping care for the property regularly. Councilmember Mumgaard asked if Mr. Engler had paid the neighbor to mow his property. Mr. Engler stated that he had and that, to his knowledge, it was being done weekly. Councilmember Sunde asked Mr. Hovseth if there have been any additional complaints this year regarding this property. Mr. Hovseth stated that there have been no additional complaints. Motion to amend RES. R20- 0187 to waive the assessment on 2209 Erin Circle by Councilmember Sunde, second by Councilmember Kluch. Upon roll call vote, Sunde, Mumgaard, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Gaines. Motion passed. Mayor Black called for a vote on the original motion as amended. Upon roll call vote, Sunde, Mumgaard, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Gaines. Motion passed. ADJOURNMENT: Motion to adjourn by Councilmember Kluch, second by Councilmember Engberg. Upon roll call vote, Sunde, Mumgaard, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Gaines. Motion passed. Meeting adjourned at 6: 58 PM. CITY OF PAPILLION D D P. BLACK, MAYOR ATTEST: NICOLE BROWN, CITY CLERK F PAPI(‘/ 0.. 4 AL) V; 0)0Rgj . 0 + SEAL It' NEBRI\so 2 October 20, 2020 RESOLUTION NO. R20- 0187 BE IT RESOLVED by the Mayor and City Council sitting as a Board of Equalization, as follows: 1. The Mayor and City Council hereby find and determine that the City of Papillion incurred fair and reasonable costs and expenditures for code enforcement actions against the parcels of real estate listed in the attached Schedule of Assessments. 2. That the Mayor and City Council, with the assistance of the Chief Building Official, has determined what part of the cost of code enforcement should be specially assessed to the property and the Chief Building Official has prepared a proposed Scheduled of Assessments against said parcels being specially benefitted thereby. 3. That a copy of the proposed Schedule of Assessments was filed on October 8, 2020, in the office of the City Clerk of the City of Papillion, Nebraska. 4. That the Mayor and City Council, by resolution adopted on the 6th day of October, 2020, provided that the Council sit as a Board of Equalization on the 20th day of October, 2020, at 6: 45 p. m., and due notice was given of the time and placed of said meeting by publication in the Papillion Times, a newspaper of general circulation in the City of Papillion, Nebraska and by mailing a copy of said notice to each record owner of property proposed to be specially assessed. 5. That there be and hereby is levied against the herein described parcels of real estate assessments in the amount as set out in the Schedule of Assessments, attached hereto and made a part of this Resolution, and that this levy shall be certified by the City Treasurer and to the County Treasurer of Sarpy County, Nebraska for entry on the tax books and shall be collected by the County Treasurer of Sarpy County, Nebraska in the same manner as general taxes. 6. That all of the above special assessments shall become due fifty( 50) days after the date hereof. 7. Delinquent installments shall draw interest at the rate specified in Section 45- 104. 01 as such rate may from time to time be adjusted by the legislature after delinquency until paid. PASSED AND APPROVED THIS day of 2020. David P. Black, Mayor ATTEST: Nicole Brown, City Clerk o 0 0 0 c o 0 Ln 0 NN Lt) E r; Q in in. oo ri o m r ei a 00 oo N l0 l0 U) CO W LU c% Z Z CO CO t t CO CO E E 0 0 0 NI r-I G) s-+ Tr NY6)L v o E O 0 CO 0 00 C x N co L O U- I— Z C ` rn r-I W 3 O 0 0 m 2 CA LA W L Na) - a Q E c c co w CO LL Z ›- 0 t Ill 3 E E 0 I- cn 0 W 2 O, CO - a ai U 0 rCa r o oN >, oN oN CA 4) 0 N N -, h O U C N 7 7 C cn Q Q U) U) U) U) N CI) N fo L N CO U_ ' O t O> O Q) V) O d m C i " CO Q) i m L C c0 4) d' N i Uul' cn LN O " a U C co d( 0 Co 0 o_ op Q. Li-) 0 co a Tr le _ co 0 00 U C N a) — 0 a- i ri e1 4-' ++ = )-- N O 41 4 0 J 0 = 0 0 O= 0I 4) i JO — U c = VI C i J N In j Ct N CO O_ W) p -C/ 0 lD O N O 0_ Q N J r- I Suburban Affidavit Of Publication CITY OF PAPILLION Newspapers NOTICE OF MEETING NOTICE IS HEREBY GIVEN that YOUR COMMUNITY the Mayor and City Council of the Y 0 U "{ N E 1N7 S City of Papillion, Nebraska will sit as the Board of Equalization at 6: 45 PM on Tuesday, October 20, 2020, State of Nebraska In the City Hall Council Chambers, 122 E 3rd SI, Papillion, NE 68046. SS, This meeting wilt be open to the public. Attendance in The Council County of Satpy, Nebraska Chambers will be limited or stag- gered, based on social distancing 1,( the undersigned) an authorized representative guidelines. Public comment can al- of the SN I Papillion Times, a legal newspaper of ways be provided in writing via email in County of Sarpy, or letter prior to the meeting. Such general circulation comments can be addressed to cityc Nebraska, and published therein; that said ter apIllign. gor City Clerk, City newspaper has been established for more than of Papillion, 122 E 3rd St, Papillion, NE 68046. An agenda for the meet- one year last past; that it has a bona- fide paid trig is kept continuously current and subscription list of more than three hundred; that available for public inspection at the to this knowledge, the advertisement, office of the City Clerk during normal personal a business hours. Requests for any copy of which is hereto attached, was printed in special accommodations should be the said newspaper once each week, the first made to the City Clerk at least forty- eight hoursprior to the lime of the insertion having been on; meeting. Nicole Brown, City Clerk Wednesday, October 07, 2020 in Papillion Times City of Papillion 180235, 1017 And that said newspaper is a legal newspaper under the statutes of the State of Nebraska, The above facts are within my personal knowledge. 524 W-- Billing Representative Sworn to and subscribed before me this 7th day of obcr,$ 020. ice(/ Notary Public Sharon R Carsten NOTARY PUBLIC State of Virginia Commonwealth of Virginia County of HanoveNotary Registration Number 329549 My Commission a, glnission Expires July 31 2021 CITY OF PAPILLION- SNI Printer' s Fee $ 16. 53 ATTN: TRENTALBERS Customer 1022263 122 E THIRD ST Number: 0000180235 PAPILLION, NE 68046 Order Number: AFFIDAVIT OF MAILING State of Nebraska ss County of Sarpy Nicole Brown, City Clerk for the City of Papillion, being first duly sworn upon oath, deposes and states as follows: 1. I am the City Clerk for the City of Papillion, Nebraska 2. On the r day of Ck-lO OQ. Y , 2020, I mailed a copy of the attached Notice of Hearing to the following property owners: OWNER: ADDRESS: LEGAL DESCRIPTION: Timothy Engler 2209 Erin Circle, Papillion, Lot 185 Glenwood Hills, NE Parcel# 010947892 Sam Murante Lot 174 and Lot 176, Park Lot 174 and Lot 176, Park Hills Ill, Papillion, NE Hills Ill, Parcel# 010588825 Nicole Brown, City Clerk 411‘ Subscribed and sworn to before me this . day of OC-4-0 2020. State at Nebraska 6ENE A tJO RE - M. BLtVlNSI My COMM. Exp. January 13, 2023 0/1461)4Dat- AV L Q („ 1y x L• Notary Public 1 r1" OF PAPI !. I. ION I), Ivid P liluk Mawr 4r Nicole Brown, City Clerk 0 ,. i, , 122 East Third Street Papillion, Nebraska 68046 oc, t Phone: 402- 597- 2021 i Fax: 402- 339- 0670 i ` E- Mail: ciryclerk@papillion. org LEGAL NOTICE Public notice is hereby given that the Chief Building Official of the City of Papillion has filed with the City Clerk of the City a statement of costs incurred by the City for mowing, tree limb removal or yard clean up against real estate located within the City of Papillion and a proposed Schedule of Assessments against said properties deemed specially benefited by said expenditures has been prepared and is on file at the office of the City Clerk of the City of Papillion and is available for public inspection. Notice is further given that the Mayor and City Council will sit as a Board of Equalization at City Hall, 122 East Third Street, Papillion, Nebraska 68046, on the 20th day of October, 2020, at 6: 45 p. m. at which meeting the Mayor and City Council will equalize and levy the special assessments for mowing, tree limb removal or yard clean up against the following described parcels of real estate, and at which time and place all persons interested shall have the opportunity to be heard. ADDRESS: LEGAL DESCRIPTION: 2209 Erin Circle, Papillion, NE Lot 185 Glenwood Hills, Parcel# 010947892 Lot 174 and Lot 176, Park Hills Ill, Papillion, NE Lot 174 and Lot 176, Park Hills III, Parcel 010588825 By order of the Mayor and City Council, City of Papillion, Nebraska. Nicole Brown, City Clerk

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