City Council

M I N U T S R E C O R D PAPILLION CITY COUNCIL MINUTES WEDNESDAY, DECEMBER 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, on December 2, 2020, at 7: 00 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard, Jason Gaines ( via Zoom per Executive Order No. 20- 34 issued by Governor Ricketts), 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, Fire Chief Bill Bowes, and Police Chief Scott Lyons. Mayor Black led those present in the Pledge of Allegiance. Affidavit of Publication: Notice of the meeting was given in the Omaha World- Herald, 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. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the December 1, 2020, City Council Meeting. Motion to approve the Consent Agenda 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. ORDINANCES SECOND READING AND PUBLIC HEARINGS: ORD. 1911 — An ordinance to amend Papillion Municipal Code Chapter 125 entitled " Health and Sanitation" to add new sections 126- 11 through 125- 23; to enact requirements for the wearing of facial coverings under certain circumstances so as to abate the COVID- 19 pandemic, and to provide for an effective date — Amber Powers — 827- 1111. Mayor Black gave a brief explanation of the various readings of ordinances. He noted that the Council had voted to open the public hearing at the December 1, 2020, City Council Meeting, and that comments from that meeting would be carried over to tonight' s public hearing. He then called for proponents and opponents. Proponents: Bret Brasfield, PLCS School Board President, 8010 Azule Cir, Papillion; Dr. David Quimby, Infectious Disease Specialist, CHI Health, 913 Wynnwood Ln, Papillion; Austin Blankman, RN, 5207 Timberridge Dr, Bellevue; Jared Wagenknecht, Papillion La Vista Educators Association Vice President, 347 N 41st St, Omaha; Dr. Brandon Grimm, Associate Dean of Public Health Practice, UNMC, 2411 Sand Hills Dr, Papillion. Proponents speaking on behalf of the Papillion La Vista Community Schools Board of Education and the Papillion La Vista Educators Association discussed the benefits of mask wearing as they relate to students in the classroom, as well as the safety of teachers and other school staff members. Proponents from the healthcare industry discussed statistics related to COVID- 19 and 1 December 2, 2020 the benefits of mask wearing, in addition to providing first-hand experiences in working with COVID- 19 patients. Opponents: Melissa Panko, 503 S Madison St, Papillion; Pete Douskey, 301 Fall Creek Rd, Papillion; Peter Mayberry, 11409 S 122" d St, Papillion; Gene Pfahl, 1915 Peterson Dr, Papillion; Tiffany Hansen, 1701 Savannah Dr, Papillion; Aaron Sandine, 918 S Harrison St, Papillion; Drew Fletcher, 10620 S 110t" Ave, Papillion; John Jewell, 1011 Haverford Dr, Papillion; Tina Lassek, 13005 Woodridge Cir, Bellevue; Melanie Doner, 16205 Chicago St, Omaha; Heidi Ostwald, 1301 Troy St, Papillion; Nancy Dougherty, 1308 Cedarwoods Dr, Papillion; Kristine Behm, 18904 Willow St, Omaha; Brittney Bundy, 107 Q St, Lincoln; Mary Heitkamp, 4865 F Rd, Dunbar; Joe Leggett, 7505 Overview St, Papillion; Joe Martucci, 1913 Walnut Creek Dr, Papillion. Opponents generally stated that they do not believe masks are safe or effective, many businesses already require masks so a mandate is not necessary, and that a mask mandate would be an infringement on civil liberties. No one else came forward and the public hearing was closed. Mayor Black noted that the Board of Health had recommended a waiver of second and third ordinance readings. Because a public hearing was scheduled for December 2, 2020, the second reading was not waived. He then asked if there was a motion to waive third reading, which requires a super majority vote. Motion by Councilmember Engberg, second by Councilmember Mumgaard. Councilmember Gaines stated that he was not in favor of waiving the third reading because he wanted time to consider testimony that was provided during tonight' s meeting. Councilmember Engberg noted that he did not hear any testimony tonight that was significantly different from testimony heard at the December 1, 2020, City Council Meeting, nor in the number of emails and phone calls that have been submitted, so he wanted the Council to have the option of voting tonight. Councilmember Sunde stated that he agreed with Councilmember Gaines. Councilmember Glover asked for an explanation of the beginning and ending dates of the mandate if it passes. Mayor Black stated that the ordinance as written would be effective 15 days after passage. He added that the Board of Health recommended an amendment to include an emergency clause, which would make the ordinance effective upon passage and publication. If the emergency clause is enacted, the amended ordinance will require a super majority vote to pass. With regard to an end date, Mayor Black stated that the ordinance as written includes a specific end date in February. However, there is a Council member who is prepared to propose an amendment that would include a trigger tied to the Governor' s color chart ( which is representative of percentage of hospitalizations) which would end the mandate sooner than the February date if numbers fell below the specified rate. Councilmember Sunde stated that he may also propose an amendment pertaining to the minimum age requirement under the mandate. Upon roll call vote, Mumgaard, Glover, Jaworski, Kluch, and Engberg voted yes. Voting no: Sunde, Gaines, and Stubbe. Motion failed. Mayor Black stated that ORD. 1911 would be the only item on the agenda for the meeting scheduled for December 3, 2020. He then asked for any Council comments. Councilmember Glover thanked the Parks Department and Papillion Community Foundation for coordinating installation of the holiday lights and the implementation of modified Winter Wonderland activities. Councilmember Stubbe asked for additional proposed amendments on ORD. 1911 to be distributed to the Council ahead of the meeting. 2 December 2, 2020 Mayor Black reminded the public that the December 3, 2020, meeting will only include Council discussion and a vote. ADJOURNMENT: Motion to adjourn by Councilmember Glover, 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. Meeting adjourned at 9: 11 PM. CITY OF PAPILLION ID P. BLACK, MAYOR ATTEST: NICOLE BROWN, CITY CLERK ORAIF ',., NE F 3 December 2, 2020