City Council

M I N U T E R E C O R D PAPILLION CITY COUNCIL MINUTES TUESDAY, NOVEMBER 17, 2020 ( aD, 7: 00 P. M. The City Council of the City of Papillion met in open and public session at Papillion City Hall, on November 17, 2020, at 7: 00 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard ( via Zoom per Executive Order No. 20- 34 issued by Governor Ricketts), 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, Public Works Director/ City Engineer Jeff Thompson, Police Chief Scott Lyons, Parks & Facilities Director Tony Gowan, Finance Director Nancy Hypse, Recreation Superintendent Tim Moran, Chief Building Official Shawn Hovseth, and Library Director Matt Kovar. Mayor Black and Scouts from Pack 206 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. ADMINISTRATOR' S REPORT: City Administrator Amber Powers provided an update: ( 1) The PublicSafety Committee will meet on Wednesday, November 18t"; ( 2) City offices will be closed on Thursday, November 26t" and Friday, November 27t" in observance of the Thanksgiving holiday; ( 3) Drive- through Winter Wonderland will be on Saturday, November 28t"; ( 4) The new softball complex is nearing completion, with events anticipated to be scheduled in the spring. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the November 4, 2020, City Council Meeting; ( 3) Approval of the minutes from the November 12, 2020, Missing Middle Meeting; ( 4) RES. R20- 0206 — A resolution to approve claims as presented— Nancy Hypse— 597- 2020; ( 6) RES. R20- 0192— A resolution to approve the auctioning of surplus vehicles and equipment— Jeff Thompson— 597- 2043; 6) RES. R20- 0194— A resolution to approve an Interlocal Cooperation Agreement between the City of Papillion and Sarpv County for Cornhusker Rd improvements from 108t" St to 110t' St— Jeff Thompson— 597- 2043; ( 7) RES. R20- 0207— A resolution to award the contract for 2020- 2021 On- Call City Wide Paving Repairs to DIY Holding Company, LLC, of Omaha, NE in the amount of $ 473, 980. 00 — Jeff Thompson — 597- 2043; ( 8) RES. R20- 0208 — A resolution to approve an agreement for renewal of Maintenance Agreement No. 106 with NDOT — Jeff Thompson — 597- 2043; ( 9) RES. R20- 0212 — A resolution to authorize the signing of the Year- End Certification of Street Superintendent Form — Jeff Thompson — 697- 2043; ( 10) RES. R20- 0215— A resolution to accept the assignment from Sarpv County of seven permanent easements along Capehart Rd between 140th and 150t" Streets — Jeff Thompson — 597- 2043. Motion to approve the Consent Agenda by Councilmember Jaworski, second by Councilmember Kluch. Mayor Black noted that staff had requested that item C10 be removed from the Consent Agenda. There were no objections from the Council. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, 1 November 17, 2020  I i F! I Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. C10. RES. R20- 0216- A resolution to accept the assignment from Sarpy County of seven permanent easements along Capehart Rd between 140t" and 150t" Streets- Jeff Thompson 597- 2043. Motion to approve RES. R20- 0215 by Councilmember Engberg, second by Councilmember Glover. Mayor Black stated that staff had requested a motion to amend RES. R20- 0215 to exclude the assignment of the easement from Raven Northbrook, LLC, filed as Instrument No. 2018- 7971. Motion to amend by Councilmember Engberg, second by Councilmember Stubbe. Mayor Black called for proponents and opponents on the motion to amend. 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 called for proponents and opponents on the motion to approve 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. BILLS: AA Wheel & Truck Supply Inc: $ 210. 24 / supplies; Abante Marketing: $ 170. 50 / service; ABM: $ 4, 235. 11 / service; Access Information Protected: $ 275. 89 / service; Action Batteries Unlimited, Inc.: $ 528. 07 / supplies; Acushnet Company: $ 4, 279. 75 / merchandise; Administrative Services Corp.: $ 341, 310. 18 / pehp; Advanced Office Automation, Inc.: $ 154. 16 / service; Affordable Solutions, Inc.: $ 60. 00 / service; Agriland FS, Inc.: $ 50. 00 / refund; All About Doors, Inc.: $ 1, 094. 28 / service; Copy Products, Inc.: $ 23. 47 / supplies; American Family Insurance: All 1, 512. 50 / refund; American Planning Association: $ 695. 00 / service; American Water Works Association: $ 3, 764. 00 / service; Ameritas Life Insurance Corp.: $ 16, 430. 82 / medical; Aqua- Chem, Inc.: $ 622. 29 / supplies; A- Relief Services, Inc.: $ 112. 00 / service; Arrowhead Forensics: 609. 39/ supplies; Ashley Schroeder: $ 67. 36/ refund; Automated Drive System, LLC.: $ 80, 211. 03 supplies; Back9 Marketing: $ 700. 00 / service; Badger Meter, Inc.: $ 1, 027. 95 / service; Baker & Taylor: $ 1, 909. 93 / books; Batteries Plus Bulbs 073: $ 103. 10 / supplies; Baxter Ford of Papillion: 183. 09 / parts; Blackstone Publishing: $ 424. 38 / supplies; Bobcat Of Omaha: $ 47. 74 / supplies; Border States Industries, Inc.: $ 241. 97 / supplies; Bound to Stay Bound Books, Inc.: $ 58. 08 supplies; Bound Tree Medical, LLC: $ 33. 58 / supplies; Brite Ideas Decorating, Inc.: $ 3, 048. 99 supplies; Brownells, Inc.: $ 32. 14 / supplies; Callaway Golf: $ 442. 80 / merchandise; Canteen: 275. 00 / supplies; Carollo Engineers, Inc.: $ 8, 492. 45 / service; Caselle, Inc.: $ 1, 785. 00 / service; Chad Lingel: $ 955. 14 / reimbursement; Chem- Suit, Inc.: $ 3, 592. 50 / supplies; Christine Myers: 1, 625. 00/ service; Cintas Loc 749: $ 994. 07/ service; CNA Surety: $ 1, 372. 50/ service; Coca- Cola of Omaha: $ 297. 59 / merchandise; Comp Choice, Inc.: $ 111. 00 / service; Concrete Supply, Inc.: 5, 789. 27 / service; Conney Safety Products LLC: $ 258. 12 / supplies; Cornhusker International Trucks Inc: $ 1, 152. 80 / supplies; Cox Business: $ 11, 258. 79 / utilities; Culligan of Omaha: $ 45. 80 supplies; Cummins Central Power: $ 4, 655. 45 / supplies; D& K Products: $ 199. 19 / supplies; Danko Emergency Equipment Co: $ 69. 39 / supplies; Depository Trust Company: $ 717, 977. 50 payment; DHHS - Dept of Health and Human Services: $ 50. 00 / license; Diamond Communication Solutions: $ 17, 371. 16/ service; Discovery Benefits, Inc.: $ 322. 00/ service; Donna Monteleagre: $ 64. 27 / reimbursement; Double Diamond Lawnscape: $ 500. 00 / service; Double K Feed Inc.: $ 530. 95 / supplies; Dultmeier Sales, LLC: $ 52. 20 / supplies; Eakes Office Solutions: 30. 49 / supplies; Echo Group, Inc.: $ 11. 62 / supplies; Emergency Apparatus Maintenance: 3, 653. 84 / service; ESRI: $ 4, 450. 00 / service; Express Enterprises: $ 1, 589. 15 / service; FastSigns: $ 754. 49 / supplies; Feld Fire: $ 166. 00 / supplies; Fritz Weiss: $ 300. 00 / LOSAP; Gale/ CENGAGE Learning: $ 137. 94/ books; Gear For Sports, Inc.: $ 2, 127. 93/ advertising; Global Equipment Company, Inc.: $ 30. 98/ supplies; Grainger, Inc.:$ 4, 155. 71 / supplies; H & H Chevrolet: 931. 20/ supplies; Haney Shoe Store, Inc.: $ 250. 98/ supplies; HDR Engineering, Inc.: $ 15, 502. 44 2 November 17, 2020  service; Heartland Tires & Treads - Omaha: $ 3, 517. 65 / supplies; Helget Gas Products Inc: 655. 49 / supplies; Hi- Line Inc.: $ 258. 50 / supplies; Honeyman Rent- All: $ 22. 63 / supplies; Host Coffee Service: $ 263. 60 / supplies; Hotsy Equipment Co. / A NE. Corp: $ 736. 59 / supplies; Hy- Vee: $ 165. 00/ supplies; ICMA: $ 941. 76/ subscription; Ideal Pure Water: $ 79. 13/ supplies; IDville: 355. 66 / supplies; Ingram Library Services: $ 43. 23 / books; Interstate Power Systems: $ 216. 45 supplies; Inventory Trading Company: $ 980. 00 / supplies; J. D. Power: $ 99. 00 / supplies; J. P. Cooke Company: $ 24. 45 / supplies; Jack Miller: $ 300. 00 / LOSAP; Jochim Precast Concrete: 5, 169. 51 / service; John Schendt: $ 300. 00 / LOSAP; K Electric Company, Inc.: $ 2, 984. 09 service; Kanopy, Inc.: $ 203. 00 / service; Katherine Mattern: $ 165. 05 / reimbursement; Kersten Precast Concrete LLC: $ 9, 240. 00/ supplies; Kronos SaaShr, Inc.: $ 7, 381. 30/ payroll; Lands' End Business Outfitters: $ 1, 786. 92/ supplies; Larsen Supply Company: $ 996. 29/ supplies; League of Nebraska Municipalities: $ 190. 00 / membership; Lincoln Financial Group: $ 9, 154. 60 / insurance; Lincoln Winwater Works Co.: $ 35, 870. 00 / supplies; Logan Contractors Supply, Inc.: $ 139. 90 supplies; LogMeln USA, Inc.: $ 117. 00 / service; Logo Logix Embroidery & Screen: $ 879. 00 service; Lori Hansen: $ 90. 60 / reimbursement; Lowe' s Business Account/ SYNCB: $ 2, 887. 90 supplies; M. S. Foster & Associates, Inc.: $ 905. 00 / goods; MacQueen Emergency Group: 9, 420. 60 / supplies; Malloy Electric: $ 10, 000. 00 / service; Marco Technologies LLC.: $ 352. 56 contract; Mark Brandt: $ 300. 00/ LOSAP; Mark C Walenz: $ 41. 55/ refund; Marking Refrigeration, Inc.: $ 200. 00 / equipment; Martha Burgos: $ 156. 26 / refund; Matheson Tri- Gas, Inc.: $ 190. 55 supplies; Melissa Dunlow: $ 15. 00 / refund; Menards: $ 142. 94 / supplies; Michael Todd & Company, Inc.: $ 1, 860. 50 / supplies; Microfilm Imaging Systems, Inc: $ 70. 00 / service; Midlands Printing & Business Forms: $ 325. 36 / supplies; Midwest Distributing Corp.: $ 276. 25 / supplies; Midwest Laboratories, Inc.: $ 560. 00 / service; Midwest Tape: $ 102. 68 / audio; Midwest Turf & Irrigation: $ 1, 079. 35 / supplies; Miller & Sons Golf Cars,LLC.: $ 409. 36 / parts; Miovision Technologies, Inc.: $ 161. 00 / equipment; MNJ Technologies Direct, Inc.: $ 20. 00 / supplies; Moody' s Investors Service: $ 50, 500. 00 / service; Morrissey Engineering: $ 32, 850. 00 / service; Napa Auto Parts: $ 485. 21 / supplies; NE Total Care: $ 173. 80 / reimbursement; Nebraska Department of Revenue: $ 109, 434. 40/ government; Nebraska Rural Water Association: $ 275. 00 service; Nebraska- Iowa Industrial Fasteners Corp.: $ 246. 65 / supplies; NMC Exchange, LLC: 3, 937. 61 / supplies; OCLC, Inc.: $ 728. 55 / supplies; Office Depot, Inc.: $ 1, 773. 94 / supplies; O' Keefe Elevator Company, Inc.: $ 497. 24 / service; Omaha Compound Company: $ 1, 329. 99 supplies; Omaha Public Power District: $ 157, 288.55 / electricity; One Call Concepts, Inc.: 485. 66 / service; One Source The Background Check: $ 292. 00 / service; O' Reilly Auto Parts: 635. 99 / supplies; Paintin Place Ceramics: $ 27. 00 / supplies; Papillion Sanitation: $ 13, 767. 39 refuse; Paramount Linen & Uniform Rental: $ 521. 13 / rental; Pitney Bowes: $ 159. 57 / service; Player' s Keno: $ 47, 002. 23 / advertising; Praxair Distribution Inc: $ 49. 65 / supplies; Quadient Finance USA, Inc.: $ 762. 44/ service; Quality Auto Repair& Towing, Inc.: $ 200. 00/ service; Quality Brands of Omaha, Inc: $ 154. 60/ merchandise; Quill Corporation: $ 235. 95/ supplies; Ray Higgins: 300. 00/ LOSAP; Recorded Books, Inc.: $ 55. 98/ books; Red Wing Business Advantage Account: 454. 48/ supplies; Regal Awards, Inc: $ 75. 00/ service; Rich Higgins: $ 300. 00/ LOSAP; Richland Homes: $ 257. 41 / refund; Rob Spomer: $ 2, 427. 11 / reimbursement; Rotella' s Italian Bakery, Inc.: 93. 87 / supplies; Russell L Zeeb: $ 300. 00 / LOSAP; Sampson Construction Co., Inc.: 131, 770. 00 / service; Sam' s Club/ Synchrony Bank: $ 1, 362. 44 / supplies; Sapp Bros., Inc - Omaha: $ 21, 472. 35 / fuel; Sarpy County Chamber of Commerce: $ 175. 00 / membership; Sarpy County: $ 6, 420. 11 / service; Seiler Instrument& Mfg. Co. Inc.: $ 10, 612. 00/ supplies; Service One: 72. 50 / service; Silex Group, LLC: $ 101. 24 / supplies; Sol Lewis Engineering Co: $ 3, 005. 00 service; SRIXON/ Cleveland Golf/ XXIO: $ 6, 336. 00 / merchandise; Standard Plumbing Service, Inc.: $ 435. 00/ service; Stryker Sales Corporation: $ 187. 79/ supplies; Suburban Newspapers, Inc.: 74. 89 / service; TD2 Nebraska Office: $ 9, 754. 94 / engineering; The Home Depot Pro: $ 43. 36 supplies; The Lifeguard Store: $ 142. 20 / supplies; The UPS Store - 5359: $ 25. 96 / service; Thermo King Christensen: $ 255. 89 / supplies; Thiele Geotech, Inc.: $ 3, 750. 00 / service; Timothy 3 November 17, 2020 J. Bazar: $ 516. 53 / service; Todd Valley Farms, Inc.: $ 3, 225. 00 / supplies; Tool Supply, Inc.: 311. 12 / supplies; TransUnion Risk and Alternative: $ 66. 60 / service; Tred- Mark Communications: $ 337. 50 / service; Truck Center Companies: $ 50. 08 / supplies; TruePoint Solutions, LLC.: $ 4, 991. 25 / service; TruGreen Commercial: $ 1, 555. 57 / service; Ty's Outdoor Power& Service: $ 498. 18/ supplies; Uline, Inc.: $ 326. 16/ supplies; UMB Bank N. A.: $ 117, 152. 50 service; Union Bank & Trust Company: $ 127, 087. 50 / bonds; US Bank Corporate Payment Systems: $ 15, 196. 68 / service; Utility Equipment Company: $ 5, 977. 69 / supplies; Value Line Publishing, LLC.: $ 1, 573. 00 / service; Veritas Fire Engineering, Inc.: $ 6, 300. 00 / service; Verizon Connect NWF, Inc.: $ 696. 17 / parts; Verizon Wireless: $ 2, 734. 42 / utilities; Walkers Inc, dba Max I Walker: $ 317. 85 / service; Weldon Parts Omaha: $ 89. 10 / parts; Wells Fargo Financial Leasing: 132. 00 / service; Z & Z Sales LLC: $ 97. 80 / supplies; Zep Sales & Service: $ 270. 22 / supplies; Zoll: $ 1, 023. 36 / supplies; Payroll: $ 831, 817. 56 /; Bank Transaction Fees: $ 28, 003. 19 3, 166, 786. 06. ORDINANCES FIRST READING: ORD. 1906 — An ordinance to amend Code sections 104- 1, 104- 6. and 104- 7 regarding declaration of emergencies, emergency powers, and curfews— Amber Powers— 827- 1111. Introduced by Councilmember Gaines. ORD. 1907— An ordinance to approve the vacation of the Courthouse Circle Right- of-Way Jeff Thompson — 597- 2043. Mayor Black noted for the record that this item was being withdrawn by staff, as it had been discovered that this action had already been taken in 1991 by approval of ORD. 1105. ORD. 1908 — An ordinance to approve the conveyance of title for that portion of the Courthouse Cir Right- of- Way to be vacated by ORD. 1907 — Jeff Thompson — 597- 2043. Introduced by Councilmember Kluch. ORDINANCES SECOND READING: ORD. 1905 — An ordinance to approve a Change of Zone from AG ( Agricultural) to LI Limited Industrial) for the property legally described as a tract of land located in the NW 4 of Section 2, T13N, R11 E of the 6' P. M., Sara County, NE, generally located on the SE of S 156th St and Schram Rd. The applicant is R& R Realty Group. ( R& R Commerce Park South) — Mark Stursma — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: Larry Jobeun, Fullenkamp Jobeun Johnson & Beller, 11440 W Center Rd # C, Omaha, stepped forward on behalf of the applicant and gave a brief presentation of the project. He noted that also in attendance were Steve Gaer, Tom Ruprecht, Jeremy Shepherd and Mike Homa with R& R Realty Group, and Kevin Sasse with Olsson Associates. Opponents: None. No one else came forward and the public hearing was closed. ORDINANCES THIRD READING AND RESOLUTIONS: RES. R20- 0195 — A resolution to approve an Application for License to Sell Permissible Fireworks at Retail from Papillion La Vista Spirit Football ( Leigh Jochimsen, Manager) for the 2020 winter fireworks season ( December 29th- 31st) — Nicole Brown — 597- 2021. Motion to approve RES. R10- 0195 by Councilmember Gaines, second by Councilmember Glover. Mayor Black noted for the record that the applicant was present and called for proponents and 4 November 17, 2020 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- 0205— PUBLIC HEARING AND VOTE— A resolution to approve a Class" I" Liquor license for Legacy Apple III, LLC d/ b/ a Applebee' s Neighborhood Grill & Bar, 1202 N Washington St, Papillion, NE 68046, and Manager Application for Barbara K Cooper — Nicole Brown- 597- 2021. Mayor Black opened the public hearing and called for proponents and opponents. He noted for the record that the applicant was in attendance. No one came forward and the public hearing was closed. Motion to approve RES. R20- 0205 by Councilmember Stubbe, second by Councilmember Engberg. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0209— A resolution to approve Mark L Frans as the Corporate Manager for Texas Roadhouse Holdings LLC d/ b/ a Texas Roadhouse for their Class " IK" Liquor License — Nicole Brown — 597- 2021. Motion to approve RES. R20- 0209 by Councilmember Jaworski, second by Councilmember Stubbe. Mayor Black noted for the record that the applicant was present and called for proponents and opponents. None came forward. Councilmember Sunde noted that a Class" IK" Liquor License allows for catering and asked if this resolution proposed to add catering to the existing license. City Clerk Nicole Brown stated that the licensee already held a catering license and that this action was simply to approve a change in Corporate Manager. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Much, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0210 — A resolution to approve Douglas M Huggins as the Corporate Manager for the City of Papillion d/ b/ a SumTur Amphitheater for their Class " I" Liquor License — Nicole Brown — 597- 2021. Motion to approve RES. R20- 0210 by Councilmember Engberg, second by Councilmember Kluch. Mayor Black noted for the record that the applicant was in attendance and 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. ORD. 1885— An ordinance to adopt 2018 International Building Codes— Shawn Hovseth— 597- 2029. Motion to approve ORD. 1885 by Councilmember Jaworski, 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. RES. R20- 0127 — A resolution to approve a Lease Agreement with the Papillion Volunteer Fire Department, Inc for personal property — Amber Powers — 827- 1111. Motion to approve RES. R20- 0127 by Councilmember Gaines, second by Councilmember Sunde. 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. Councilmember Engberg stated that, since PVFD was purchasing the sign allowed by this agreement, he would like to allow administrative approval for the City to provide electricity and internet for the sign. City Administrator Amber Powers stated that the cost should be minimal and that she did not see a problem with providing utilities to the sign. 5 November 17, 2020 RES. R20- 0168 — A resolution to authorize the City Administrator to administratively approve requests by PVFD, Inc to sublease their leased space under certain conditions — Amber Powers — 827- 1111. Motion to approve RES. R20- 0158 by Councilmember Stubbe, 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 passed. ORD. 1899— An ordinance to amend Section 205- 208( A)( 6) of Article XXXIII ( Supplemental Use Regulations) of Chapter 205 Zoning Regulations having to do with Beauty and Barber Shops as a home- based business or home occupation. The applicant is the City of Papillion. ( Beauty and Barber Shops — Home- Based Business Ordinance Amendment) — Mark Stursma— 597- 2077. Motion to approve ORD. 1899 by Councilmember Jaworski, 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. ORD. 1902 — An ordinance to approve the vacation of the unimproved part of S 96t" St right- of- way in the S % of the SW '/ 4 of Section 22, and the N % of the NW'/ 4 of Section 27, both in T14N, R12E of the 6t" P. M., Sarpv County, Nebraska, with title thereto retained by the City of Papillion — Jeff Thompson — 597- 2043. Motion to approve ORD. 1902 by Councilmember Stubbe, second by Councilmember Jaworski. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. ORD. 1903— An ordinance to approve the conveyance of title for that part of S 9611 St right- of-way to be vacated by Ordinance # 1902 from the City of Papillion to the Papio- Missouri River Natural Resources District— Jeff Thompson— 597- 2043. Motion to approve ORD. 1903 by Councilmember Stubbe, 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. ORD. 1904— An ordinance to adopt a Property Assessed Clean Energy (" PACE") District; and to amend the Papillion Municipal Code to adopt regulations to create and administer a PACE program for the City of Papillion — Amber Powers — 827- 1111. Motion to approve ORD. 1904 by Councilmember Kluch, second by Councilmember Jaworski. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0213 — A resolution to approve an Interlocal Cooperation Agreement with the City of Omaha to provide services in the administration of Papillion' s Property Assessed Clean Energy (" PACE") program— Amber Powers— 827- 1111. Motion to approve RES. R20- 0213 by Councilmember Jaworski, second by Councilmember Glover. 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- 0186— PUBLIC HEARING AND VOTE— A resolution to approve a Preliminary Plat for the property legally described as a tract of land located in the NW'/ 4 of Section 2, T13N, R11E of the 6t" P. M., Sarpv County, NE, generally located on the SE corner of S 156t" St and Schram Rd. The applicant is R& R Realty Group. ( R& R Commerce Park South)— Mark Stursma — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. 6 November 17, 2020 Proponent: Larry Jobeun, Fullenkamp Jobeun Johnson & Beller, 11440 W Center Rd# C, Omaha, stepped forward on behalf of the applicant and noted that he and other representatives were available to answer questions. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R20- 0186 by Councilmember Stubbe, second by Councilmember Sunde. Councilmember Stubbe asked the applicant to give a brief description of the project. Steve Gaer, R& R Realty Group, 1280 Jordan Creek Parkway, West Des Moines, Iowa, provided a brief explanation of this project and noted the success they saw with their previous project in the same area. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0196 — PUBLIC HEARING AND VOTE — A resolution to approve a special Use Permit to authorize Trade Services as a permitted use and the construction of angled parking stalls along and directly accessed from E V St pursuant to § 205- 243( C) for the property legally described as Tax Lot BB, Section 24, T14N, R12E, generally located at 302 E 1st St. The applicants are James R. Eischeid and Cynthia K. Eischeid. ( 302 E 1st St — Special Use Permit) — Mark Stursma — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Melvin Sudbeck, Melvin Sudbeck Homes, 16255 Woodland Dr, Omaha, gave a brief explanation of the project. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R20- 0196 by Councilmember Glover, second by Councilmember Jaworski. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0197— A resolution to approve a Comprehensive Plan Amendment to update the Growth Management Plan ( GMP) and adopt the implementing Policies and Procedures for such plan as adopted and approved by the Sarpy County and Cities Wastewater Agency. The applicant is the City of Papillion. ( Growth Management Plan — Implementing Policies and Procedures) — Mark Stursma — 597- 2077. R20-0197 by Motion to approve RES. Councilmember Kluch, 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. RES. R20- 0217 — A resolution to approve the Sarpy County and Cities Wastewater Agency' s 2020 Rate and Fee Schedule and 2020 Rate and Fee Policies — Phil Green— 827- 1778. Motion to approve RES. R20- 0217 by Councilmember Jaworski, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Councilmember Sunde asked what the rate increase was over the previous year. City Administrator Amber Powers stated that the proposed increase was from approximately 7 November 17, 2020  20, 000/ acre to approximately $ 21, 000/ acre. Councilmember Sunde asked what the increase was the year prior to that. Ms. Powers stated that last year was the first year of the program. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0198— PUBLIC HEARING AND VOTE— A resolution to approve a Preliminary Plat for the property legally described as a tract of land located in the S '/ 2 of the NW'/ 4 and Tax Lot 9 in the NW '/ 4 and part of Tax Lot 10 in the SW '/ 4, all in Section 16, T13N, R11E of the 6t" P. M., Sarpv County, NE, generally located on the SE corner of S 168t" St and Fairview Rd. The applicant is Omaha Public Power District. ( SC South)— Mark Stursma— 597- 2077 Applicant has requested that this item be continued to the December 1, 2020, City Council Meeting). Mayor Black noted that the applicant had requested that this item be continued to the December 1, 2020, City Council Meeting; however, because the item had been published for public hearing, he opened the public hearing and called for proponents and opponents. Proponents: None. Opponents: Gary Krajicek stepped forward and asked for an explanation of the project. Mayor Black stated that he would be available after the meeting to discuss the project. No one else came forward. Motion to continue RES. R20-0198 to the December 1, 2020, City Council Meeting by Councilmember Jaworski, 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- 0199 — PUBLIC HEARING AND VOTE — A resolution to approve a Special Use Permit to authorize Utilities as a permitted use for the property legally described as a tract of land located in the S% of the NW'/ 4 and Tax Lot 9 in the NW'/ 4 and part of Tax Lot 10 in the SW'/ 4, all in Section 15, T13N, R11 E of the 6t" P. M., Sarpv County, NE, generally located on the SE corner of S 168t" St and Fairview Rd. The applicant is Omaha Public Power District. ( SC South)— Mark Stursma— 597- 2077 ( Applicant has requested that this item be continued to the December 1, 2020, City Council Meeting). Mayor Black noted that the applicant had requested that this item be continued to the December 1, 2020, City Council Meeting; however, because the item had been published for public hearing, he opened the public hearing and called for proponents and opponents. None came forward. Motion to continue RES. R20- 0199 to the December 1, 2020, City Council Meeting by Councilmember Engberg, 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 passed. RES. R20- 0202 — PUBLIC HEARING AND VOTE — A resolution to approve the Sixth Amendment to the Kingsbury Hills Subdivision Agreement — 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. Motion to approve RES. R20- 0202 by Councilmember Gaines, 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. 8 November 17, 2020 RES. R20- 0203 — PUBLIC HEARING AND VOTE — A resolution to approve the Fourth Amendment to the Stockmans Hollow Subdivision Agreement— Mark Stursma— 697- 2077. Mayor Black opened the public hearing and called for proponents and opponents. No one came forward and the public hearing was closed. Motion to approve RES. R20- 0203 by Councilmember Glover, second by Councilmember Jaworski. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. ORD. 1870 — An ordinance to amend Papillion Code Section 146- 16, to generally prohibit the parking of mobile vendors on Washington Street between First and Second Streets; to prohibit sales where customers would have to stand in a street; and to provide for an effective date— Amber Powers — 827- 1111. Motion to approve ORD. 1870 by Councilmember Sunde, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Mayor Black noted that there were two proposed amendments in the packet which were the result of discussions held by the Public Safety Committee: Motion# 1: Motion to amend ORD. 1870 to approve Amendment# 1 as outlined in the City Council packet, which specifies that a mobile vendor permit holder may park and operate in the First Street Plaza public parking area, along with other authorized areas. Motion by Councilmember Gaines, second by Councilmember Sunde. 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. Motion# 2: Motion to amend ORD. 1870 to approve Amendment# 2 as outlined in the City Council packet, which specifies that an applicant' s operating area shall not be located within a City park, unless the application complies with the rules and policies of the Parks Department and is specifically approved by the director of the Parks Department. Motion by Councilmember Gaines, second by Councilmember Sunde. 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. Councilmember Mumgaard made a third motion to amend to remove the restriction that would prohibit mobile vendors from parking on Washington St, second by Councilmember Engberg. Mayor Black called for proponents and opponents. None came forward. Councilmember Glover indicated he was not in favor of supporting this amendment because he views the parking of mobile vendors on in that area to be a safety concern. Councilmember Sunde agreed. Councilmember Kluch stated she did not support the amendment because there are reasonable alternative locations. Councilmember Mumgaard briefly explained his reasoning for the amendment, including the presence of trucks for the past three years without documented incident. Councilmember Jaworski stated he would support this amendment. He added that he didn' t want to eliminate food trucks because he believes they encourage patrons to visit downtown businesses. He offered a potential solution by implementing a lane closure when food trucks are present. Councilmember Engberg stated he would support the amendment as there was no evidence food trucks were causing a problem. Councilmember Sunde stated he did not support the idea of lane closures worried that they would create additional City costs. Councilmember Kluch noted the City' s history of being proactive to issues and added that a lack of documentation of issues doesn' t mean no incidents have. Councilmember Jaworski clarified that he proposed the cost of lane closure should not fall to the City but to the mobile vendor or downtown business. 9 November 17, 2020 Upon roll call vote, Mumgaard, Jaworski, Stubbe, and Engberg voted yes. Voting no: Sunde, Gaines, Glover, and Kluch. Motion failed. Mayor Black called for a vote on the motion to approve ORD. 1870 as amended. Upon roll call vote, Sunde, Gaines, Glover, Jaworski, Kluch, and Stubbe all voted yes. Voting no: Mumgaard and Engberg. Motion passed. RES. R20- 0211 — A resolution to approve amendments to the Master Fee Schedule pertaining to fees associated with Mobile Vendor Permits, recreational facility use, and the Property Assessed Clean Energy ( PACE) Program — Amber Powers — 827- 1111. Motion to approve RES. R20- 0211 by Councilmember Glover, second by Councilmember Jaworski. Mayor Black called for proponents and opponents. None came forward. Mayor Black noted that there was a proposed amendment in the packet which was the result of discussion held by the Public Safety Committee: Motion# 1: Motion to amend RES. R20- 0211 in relation to fees for mobile vendor permits, to state that no fee shall be payable by a mobile vendor operating only in or adjacent to First Street Plaza or in the City- owned parking areas to the immediate east behind the 100 block of Washington Street in Downtown Papillion. Motion 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. Mayor Black called for a vote on the motion to approve RES. R20- 0211 as amended. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R20- 0216 — A resolution to approve amendments to the Field Utilization Guidelines regarding the use of outdoor athletic facilities— Lori Hansen— 597- 2041. Motion to approve RES. R20- 0216 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. 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 Governor Ricketts' press conference regarding Directed Health Measures; 4) Mayor Black attended the Ribbon Cutting for The Book Nook and Mariposa; and ( 5) Mayor Black attended a PLV Community Cares virtual meeting. j ADJOURNMENT: Motion to adjourn 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 passed. Meeting adjourned at 7: 59 PM. 10 November 17, 2020  CITY OF PAPILLION DAVJ6 P. BLACK, MAYOR ATTEST: e a, l NP I L NICOLE BROWN, CITY CLERK 4"**11 '} L MAY9p ICI 11 November 17, 2020 i I