City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, FEBRUARY 1, 2022 7: 00 P. M. The City Council of the City of Papillion met in open and public session at the Chrysalis Event Center at Papillion Landing, 1046 W Lincoln St, on February 1, 2022, at 7: 00 PM. Planning and Legal Assistant Andrea Blevins called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard, Jason Gaines, Jim Glover, Gene Jaworski, Bob Stubbe, Lu Ann Kluch, Steve Engberg, and Mayor David P. Black. Also present were City Administrator Amber Powers, Deputy City Administrator Phil Green, City Attorney Alan Thelen, Police Chief Chris Whitted, Recreation Director Tracy Stratman, Finance Director Nancy Hypse, Planning Director Mark Stursma, Fire Chief Bill Bowes, Library Director Matt Kovar, and Executive Assistant Robin Lance. Mayor Black led those present in the Pledge of Allegiance. Affidavit of Publication: Notice of the meeting was given in the Sarpy County Guide & News, 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 Chrysalis Event Center. ADMINISTRATOR' S REPORT: City Administrator Amber Powers provided an update: 1) The 2021 Annual Report has been published and is available for City Councilmembers and the public; ( 2) The Papillion Landing, hosted by the Papillion Arts Council, will have art displayed by a local artist in the lobby; ( 3) Congratulations to Lt. Chris Goley on being selected as the American Legion 2021 Nebraska Law Enforcement Officer of the Year; 4) Congratulations to Ms. Hypse and the Finance Department on receiving the GFOA Certificate of Achievement for Excellence in Financial Reporting Award for the 2019- 2020 Annual Report; ( 5) Congratulations to the Library and Library Foundation on receiving a grant from Google for assistance in purchasing a new large format printer that will be located in the Digital Library and Maker' s Space; ( 6) On Valentine' s Day, Monday, February 14, the 55+ Club will be hosting its Annual Valentine' s Day Lunch; ( 7) The 2022 Annual Grow Sarpy Meeting will be held on Thursday, February 10. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the January 18, 2022, City Council Meeting; ( 3) RES. R22- 0011 A resolution to approve claims as presented — Nancy Hypse— 597- 2020. Motion to approve the Consent Agenda by Councilmember Sunde, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Councilmembers Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg, all voted yes. Voting no: none. Motion passed. 1 February 1, 2022 BILLS: 4imprint: $ 536. 45 / supplies; AA Wheel & Truck Supply Inc: 50. 08 / supplies; Action Batteries Unlimited Inc: $ 98. 95 / supplies; Acushnet Company: 531. 00 / merchandise; Advanced Office Automation Inc: $ 24. 28 / service; Affordable Solutions Inc: $ 35. 00 / service; Ahern Fire Protection: $ 1, 476. 00 / refund; All Copy Products Inc: $ 65. 83 / supplies; All Makes: $ 5, 561. 70 / supplies; Anderson Auto Group: 34, 239. 00 / vehicles; Andrew Bonneau: $ 147. 50 / reimbursement; Ann Abrahamsen: 259. 50 / reimbursement; Aramark: $ 272. 89 / service; Arcoro Holdings Corp: 8. 25 / service; A- Relief Services Inc: $ 464. 00 / service; Baker & Taylor: 6, 379. 82 / books; Baxter Ford of Papillion: $ 215. 24 / parts; Bellwether Media Inc: 227. 40 / supplies; Black Hills Energy: $ 33, 253. 85 / natural gas; Blackburn Mfg Co: 218. 70 / supplies; Blackstone Publishing: $ 156. 72 / supplies; Blue Cross Blue Shield: 380, 023. 06 / insurance; BMI: $ 351. 90 / license; Border States Industries Inc: 428. 13 / supplies; Bound to Stay Bound Books Inc: $ 101. 84 / supplies; Bound Tree Medical LLC: $ 2, 432. 26 / supplies; Bradley Fuqua: $ 88. 50 / reimbursement; Brite Ideas Decorating Inc: $ 850. 00 / supplies; Cartridge Center Inc: $ 36. 00 / supplies; Central States Group: $ 182. 86 / supplies; Certified Power Inc: $ 38. 61 / parts; Chris Wilson: 44. 25 / reimbursement; Christmas Done Bright Inc: $ 874. 62 / supplies; Cintas Loc 749: 186. 50 / service; City Of La Vista: $ 4, 437. 19 / agreement; City Of Omaha Cashier: 7, 000. 00 / service; City of Papillion Recreation Department: $ 800. 00 / service; Conner Psychological Services PC: $ 1, 925. 00 / service; Consolidated Management Company: 38. 40 / service; Consolidated Plastics Company Inc: $ 1, 639. 50 / goods; ConStruct Inc: 53, 543. 70 / service; Cornhusker International Trucks Inc: $ 443. 83 / supplies; Cox Business: $ 3, 036. 98 / utilities; Dan Lawson: $ 44. 25 / reimbursement; Dell Marketing LP: 4, 769. 07 / equipment; DexYp: 148. 08 / service; Doug Bonzo: 44. 25 / reimbursement; Douglas County Sheriffs Office: $ 412. 50 / service; Eakes Office Solutions: $ 474. 85 / supplies; Echo Group Inc: $ 393. 03 / supplies; Edwards Motorsports LLC: $ 324. 99 / service; Elizondo Enterprises LLC: $ 1, 500. 00 / service; FAC Print& Promo Company: 446. 00 / supplies; Farmers Union Co- Operative Assn: 43. 00 / supplies; Fastenal Company: 199. 32 / supplies; Feld Fire: 5, 173. 23 / supplies; Fikes Commercial Hygiene LLC: $ 51. 80 / service; Fire Protection Services LLC: $ 1, 879. 40 / service; First Wireless Inc: $ 617. 25/ service; Galls- Quartermaster: 1, 132. 69 / supplies; GCSAA: 400. 00 / organization; GEHA: 1, 485. 00 / refund; General Code: 1, 195. 00 / service; GISEDGE Inc: 700. 00 / service; Glen Dolezal: $ 44. 25 / reimbursement; Golf Associates Scorecard Company: $ 2, 602. 30 / supplies; GPS Technologies Inc: $ 1, 494. 00 / service; Grainger Inc: 160. 74 / supplies; Hach Company: 90. 89 / supplies; Hawkins Inc: 160. 00 / supplies; Heartland Business Systems: $ 1, 255. 67 / service; Heartland Tires & Treads - Omaha: $ 1, 498. 36 / supplies; Helget Gas Products Inc: $ 73. 12 / supplies; Helm Mechanical / Helm Service: $ 1, 365. 12 / service; Hi- Line Inc: $ 276. 73 / supplies; Home Depot Credit Services: $ 1, 057. 71 / supplies; Hometown Leasing: $ 94. 54 / service; Hydro Optimization & Auto Solutions: $ 527. 50 / service; Hy- Vee: $ 345. 00 / supplies; IACP: 875. 00 / dues; InfoSafe Shredding Inc: $ 60. 00 / service; Ingram Services: Library 67. 77 / books; Jacob Walker: $ 147. 50 / reimbursement; Jason Trowbridge: 363. 50 / reimbursement; Jensen Well Co Inc: $ 14, 196. 90 / service; Johnson Brothers of Nebraska: $ 140. 00 / supplies; Joseph Olivas: $ 363. 50 / reimbursement; JP Cooke Company: $ 25. 00 / supplies; Katherine Schmidt: $ 379. 00 / reimbursement; Kearney 2 February 1, 2022 Public Library: $ 6. 00 / supplies; Koley Jessen PC LLO: $ 2, 850. 00 / legal; Kriha Fluid Power Co Inc: $ 194. 63 / supplies; Sheridan: $ 375. 00 / refund; Laura Larry Rogers: 259. 50 / reimbursement; Lawlor' s Custom Sportswear: $ 2, 161. 00 / supplies; Lawrence Plumbing: $ 15, 532. 96 / service; Life- Assist Inc: $ 174. 96 / supplies; Lincoln Financial Group: $ 9, 244. 51 / insurance; Magnet Forensics USA Inc: $ 7, 100. 00 / service; Mark Shepherd: $ 147. 50 / reimbursement; Matheson Tri- Gas Inc: $ 343. 48 / supplies; Matthew Elsasser: $ 224. 00 / reimbursement; MedicalEnterprises Inc: $ 657. 00 / Medical; Menards Bellevue: $ 1, 307. 82 / supplies; Menards - Ralston: $ 174. 42 / supplies; Mercury Contractors: $ 47. 89 / refund; Metro Chiefs Association: $ 75. 00 / membership; Metro: 703. 00 / service; Metropolitan Utilities District: $ 233. 92 / utilities; Michael McKinnis: 25. 00 / training; Michael Todd & Company Inc: $ 693. 00 / supplies; Midwest Tape: 192. 64 / audio; Midwest Turf & Irrigation: $ 960. 66 / supplies; Monroe Truck Equipment Inc: $ 1, 362. 91 / supplies; Mower Doctor: $ 15. 92 / service; MS Foster & Associates Inc: 3, 378. 43 / supplies; mySidewalk Inc: $ 1, 300. 00 / service; Napa Auto Parts: 299. 55 / supplies; National Safety Council Nebraska: $ 650. 00 / training; NE Public Health Environ Laboratory: $ 157. 00 / service; Nebraska Air Filter Inc: 101. 52 / supplies; Nebraska Law Enforcement: $ 266. 00 / training; Nebraska Library Commission: $ 270. 49 / dues; Nebraska Notary Association: $ 154. 00 / supplies; Nebraska UC Fund: $ 4, 232. 22 / service; Nebraska- Iowa Industrial Fasteners Corp: 297. 51 / supplies; Nick Adams: $ 100. 25 / reimbursement; Northern Tool & Equipment: 893. 97 / goods; Omaha Compound $ 759. 18 / supplies; Omaha Company: Storm Chasers: 22, 080. 00 / sponsorship; Omaha Winnelson Company: 306. 83 / supplies; Omaha World- Herald: $ 270. 40 / subscription; O' Reilly Auto Parts: 812. 08 / supplies; Paramount Linen & Uniform Rental: $ 101. 00 / rental; Pomp' s Tire Service Inc: $ 552. 00 / supplies; Postmaster: $ 200. 00 / service; Quadient Finance USA Inc: $ 168. 00 / service; Quality Brands of Omaha Inc: $ 221. 90 / merchandise; Quill Corporation: $ 231. 69 / supplies; R & R Holdings LLC: $ 180. 05 / service; Ray Martin Company of Omaha: $ 2, 175. 37 / service; Ready Mixed Concrete Company: 679. 56 / supplies; Red Wing Business Advantage Account: $ 486. 28 / supplies; Regal Awards Inc: $ 39. 00 / service; Richard Heydenreich: $ 5. 10 / reimbursement; River City Recycling: $ 125. 00 / recycle; Roth Enterprises Inc: $ 4, 938.00 / supplies; Sarpy County Treasurer: $ 19. 00 / service; Sarpy County: $ 39, 801. 47 / service; Shirt Shack Omaha Inc: 314. 64 / supplies; SirsiDynix 774271: 20, 837. 34 / service; Sprint: 61. 16 / utilities; SRIXON/ Cleveland Golf/XXIO: $ 2, 311. 86 / merchandise; Stacia Luther: 100. 00 / service; Standard Heating & Air Inc: $ 157. 60 / service; Suburban Newspapers Inc: $ 155. 55 / service; Sunset Law Enforcement Ltd: $ 8, 251. 60 / supplies; Superior Signals Inc: $ 166. 90 / supplies; The Library Store Inc: $ 536. 99 / supplies; The UPS Store 5359: $ 11. 92 / service; Thermo King Christensen: $ 18. 40 / supplies; Thomson Reuters - West Payment Center: $ 382. 11 / supplies; TK Elevator Corporation: 116, 886. 50 / service; Tour Edge: $ 262. 00 / merchandise; Tractor Supply Company: 159. 98 / supplies; TransUnion Risk and Alternative: $ 273. 20 / service; Trenton Albers: 247. 50 / service; Truck Center Companies: 103. 54 / supplies; Turfwerks: 164. 50 / supplies; Uline Inc: 192. 69 / supplies; Van Wall Equipment: 3, 727. 07 / supplies; Verizon Wireless: 808. 97 / utilities; Vessco Inc: 3, 218. 76 / supplies; Walkers Inc dba Max I Walker: $ 361. 37 / service; Walmart Community/ Capital One: 134. 34 / supplies; Waste Management: 3 February 1, 2022  551. 45 / service; Waystar Health: $ 143. 55 / service; Weldon Parts Omaha: 512. 82 / parts; Wells Fargo Financial Leasing: $ 893. 00 / service; Westlake Ace Hardware: $ 119. 40 / merchandise; Z & Z Sales LLC: $ 697. 99 / supplies; Zoll: 373. 75 / supplies; Payroll: $ 871, 365. 84 I; Totals: $ 1, 757, 642. 96. ORDINANCES FIRST READING: None. ORDINANCES SECOND READING AND PUBLIC HEARINGS: None. ORDINANCES THIRD READING AND RESOLUTIONS: RES. R22- 0012 — A resolution to approve applications for the 2022 Summer Fireworks Season ( June 25th — July 4th) — Amber Powers — 827- 1111. Motion to approve RES. R22- 0012 by Councilmember Glover, second by Councilmember Sunde. Mayor Black called for council discussion. Councilmember Kluch made a motion to amend to approve the original 10, while tabling the remaining four, with directions to City Staff to amend the Ordinance to allow for 14 total permits for 2022, and to refer this Ordinance to a Council Committee for recommendations on permits, to change, starting in 2023, second by Councilmember Sunde. Mayor Black briefly explained the resolution, amending an ordinance, and Councilmember Kluch' s motion to amend. Mayor Black called for council discussion on the motion to amend. Councilmember Gaines stated that he would like to make a substitute motion to amend to table this resolution in its entirety, until the number of permits allowed to be approved is fixed and goes to Council Committee for review, and be able to approve all at once, second by Councilmember Sunde. Mayor Black called for council discussion on Councilmember Gaines' s substitute motion to amend. Councilmember Gaines explained that last year there was a lot of discussion over the Fireworks Ordinance, including the number of allowed permits, and stated that Council and Staff were going to continue these discussions and make possible changes to go into effect this year, but never did. Councilmember Gaines stated that he thinks if the Fireworks Ordinance needs amending, that should be done before Council approves all the applications. Councilmember Kluch stated that there is not a good way to evaluate the remaining four permits during tonight' s Meeting to determine who would be taking the last two spots. Councilmember Kluch explained that she thinks it would be better to approve the 10 permits already grandfathered in, based on our criteria, have the Council table the remaining four permits to come up with a working solution for this year, and then send the Fireworks Ordinance back to a Council Committee for a full review. Councilmembers Jaworski and Sunde agreed with Councilmember Kluch. Councilmember Engberg explained that he does not want to wait to approve the remaining permits while Council works to determine what changes should be made to the Fireworks Ordinance. Councilmember Mumgaard stated that he agrees with Councilmember Gaines to an extent, in that the Fireworks Ordinance should have been 4 February 1, 2022 taken care of sooner, however he will be voting for Councilmember Kluch' s motion to amend as it helps continue to move things forward. Councilmember Mumgaard stated that he will be introducing the same two ordinances that he introduced last year, that would eliminate the total number of permits allowed and uses the first standard that is currently in the Fireworks Ordinance to allow the maximum number of permits that may be safely regulated by City Staff. Mayor Black explained what a yes or a no vote would do for Councilmember Gaines' s substitute motion to amend and called for a vote. Upon roll call vote, Councilmember Gaines voted yes. Voting no: Councilmembers Sunde, Mumgaard, Glover, Jaworski, Kluch, Stubbe, and Engberg. Motion failed. Mayor Black restated Councilmember Kluch' s motion to amend and called for any council discussion. There was none. Mayor Black called for a vote. Upon roll call vote, Councilmembers Sunde, Mumgaard, Glover, Jaworski, Kluch, Stubbe, and Engberg, all voted yes. Voting no: Councilmember Gaines. Motion passed. Mayor Black explained that the following permits were approved at tonight's Council Meeting: Bellino Fireworks, Stannard Fireworks, St. Columbkille Sarpy Shepherds, County Swim Club, Echoes Softball, Tangier Shrine Club, Papillion- La Vista Optimist Club, Papillion- La Vista Spirit Football, American Legion Post # 32, and Wellspring Church. Mayor Black explained that the remaining four: First Lutheran Church, Fraternal Order of Eagles, Papillion- La Vista South Legion Baseball Club, and Papillion South Titan Band Boosters, will be addressed when the Fireworks Ordinance is amendment comes forward beginning with the next City Council Meeting. Mayor Black called for proponents and opponents on the motion as amended. None came forward. Mayor Black called for council discussion. Councilmember Stubbe clarified that the change being proposed would require an ordinance change, so City Council will not be approving the remaining four permits until March. Mayor Black stated that is correct and briefly explained the process for an ordinance amendment. Mayor Black called for any further council discussion. There was none. Mayor Black called for a vote on the motion as amended. Upon roll call vote, Councilmembers Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg, all voted yes. Voting no: none. Motion passed. RES. R22- 0013 — A resolution to approve a License Agreement with Harry Bossard American Legion Post 32, 230 W Lincoln St, Papillion, NE, regarding the Legion' s proposed temporary and limited use of an adjacent small parcel of City Park property — Amber Powers — 827- 1111. Motion to approve RES. R22- 0013 by Councilmember Engberg, second by Councilmember Kluch. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Councilmembers Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg, all voted yes. Voting no: none. Motion passed. 5 February 1, 2022 RES. R22- 0014 — A resolution to approve a Master Right Of Way Agreement with Raven Northbrook, LLC, for Capehart Rd — Amber Powers — 827- 1111. Motion to approve RES. R22- 0014 by Councilmember Glover, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Councilmembers Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg, all voted yes. Voting no: none. Motion passed. Councilmember Kluch left the meeting at 7: 20PM. ADMINISTRATIVE REPORTS: Committee Reports: Finance and Administration Committee: Councilmember Engberg provided an update and explained that the Committee discussed several topics over two meetings. Councilmember Engberg stated that at the January 18, 2022, meeting, the Committee discussed Oak Leaf Development and recommended the Planning Director to negotiate for a park as part of the proposed development; to negotiate for the setbacks to be standard or to use a different product in design, for 1 of their 2 PUD arrangements; and to work with the landowner that will be retaining a part of the development property, to develop a well and septic system with an eventual connection to the City system. Councilmember Engberg stated that at the February 1, 2022, meeting, the Committee discussed SID policies and recommended the Planning Director to continue to develop if or then" type thresholds regarding the debt ratio policies in place for SIDs. The Committee also directed City Staff to look at different types of park fees for developers. The Committee recommended no action to be taken on a request to review whether or not to allow SIDs to exclude lots from the SID, as the Committee believed that could cause problems. Councilmember Engberg explained that the Committee also discussed the use of construction trailers as signs and that the Committee at this point in time, does not recommend any action be taken. The Committee will review the current ordinance if this starts becoming an issue. Councilmember Engberg stated that the Committee discussed the leasing of City right- of-ways and explained what will be presented to Council for approval. The Committee also discussed amendments made to the Master Fee Schedule and the use of public funds; both of which will go to Council for final approval. Councilmember Engberg explained that the Committee lastly discussed some arterial street improvements and the way those fees are calculated. The Committee directed the Planning Director to do some additional research and return to the Committee with more information and review any possible changes. Comments from the Floor: Dr. Jeanne Surface, 1128 Hackney Dr, explained her concerns regarding a neighbor' s red truck and their driving along Cedardale Rd. Mayor Black explained that there cannot be an active dialogue between Dr. Surface and Councilmembers/ City Staff, but stated that the City is working and looking at adopting a 6 February 1, 2022 Property Maintenance Code that would cover some of her concerns. Mayor Black asked Dr. Surface to provide more information to the City Administrator to follow up on. Comments from Mayor and Council: Mayor Black provided an update on his events: 1) Mayor Black attended the LONM Governor' s Briefing; ( 2) Mayor Black attended the Nebraska Vietnam Veterans Memorial Foundation Honorary Committee Meeting; ( 3) Mayor Black attended the American Legion Officer of the Year Ceremony. Mayor Black reminded those in attendance of the Papillion Police Department currently working on getting their CALEA Accreditation reaccredited and are accepting any public comment. ADJOURNMENT: Motion to adjourn by Councilmember Glover, second by Councilmember Gaines. Upon roll call vote, Councilmembers Sunde, Mumgaard, Gaines, Glover, Jaworski, Stubbe, and Engberg, all voted yes. Voting no: none. Motion passed. Meeting adjourned at 7: 37 PM. CITY OF PAPILLION AVID P. BLACK, MAYOR ATTEST: NICOLE BROWN, CITY CLERK Q. c) A C• , s c'3:./ NY 9,,: Q NEB* 7 February 1, 2022