City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, NOVEMBER 15, 2022 A 7: 00 P. M. The City Council of the City of Papillion met in open and public session in the City Council Chambers at Papillion City Hall, 122 E Third St, on November 15, 2022, 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, Deputy Administrator of Community Development Mark Stursma, Assistant City Attorney Carla Heathershaw Risko, Police Chief Chris Whitted, Deputy Fire Chief Jeff Jones, Public Works Director Mike Kleffner, Parks and Facilities Director Tony Gowan, Recreation Director Tracy Stratman, Finance Director Nancy Hypse, Planning Director Travis Gibbons, and Chief Building Official Brad Sojka. Mayor Black and Boy Scouts from Troop 259 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 Council Chambers. Oaths of Office: Chief Whitted introduced new Police Officers Erich Christiansen and Alex Gress. Mayor Black administered the Oath of Office to Officers Christiansen and Gress. ADMINISTRATOR' S REPORT: City Administrator Amber Powers provided an update: ( 1) the City' s Emergency Notification System is free for citizens to sign up to receive notifications on many things, such as severe weather; ( 2) the City' s website has been updated; ( 3) there will be many appearances by Santa during December at the Papillion Landing Community Center; ( 4) City Offices will be closed on Thursday, November 24 and Friday, November 25 in observance of the Thanksgiving holiday; ( 5) Winter Wonderland will be Saturday, November 26. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the November 1, 2022, City Council Meeting; ( 3) RES. R22- 0194— A resolution to approve claims as presented — Nancy Hypse — 597- 2020; ( 4) RES. R22- 0191 — A resolution to approve a Uniform Commercial Purchase Agreement with Black Elk Development, LLC for approximately 11. 91 acres of real property described as Outlot A Black Elk Industrial in the City of Papillion — Amber Powers — 827- 1111; ( 5) RES. R22- 0196 A resolution to approve an Interlocal Cooperation Agreement between the City of Papillion and the Papio- Missouri River Natural Resources District for the 84th St and Valley Rd Urban Drainageway Protect— Alex Evans— 597- 2043; ( 6) RES. R22- 0197— A resolution to approve renewal of Maintenance Agreement No. 106 with the Nebraska Department of Transportation— Mike Kleffner— 597- 2043; ( 7) RES. R22- 0198— A resolution to approve the appointment of Doug Seaman to the Board of Adjustment for a term of three years from November 2022 to November 2025 — Introduced by Mayor David P. Black, Staff Report by Travis Gibbons— 597- 2077; ( 8) RES. R22- 0199— A resolution to approve Final Payment for 1 November 15, 2022 2020- 2021 On- Call City Wide Paving Repairs Contract Extension to DIY Holding Company LLC of Omaha, NE in the amount of $ 278, 487. 72 - Derek Goff - 597- 2043; ( 9) RES. R22- 0201 - A resolution to approve a Snow Removal Maintenance Agreement between the City of Papillion and Prairie Queen, LLC; Prairie Queen 2, LLC; and Sophie' Place, LLC- s Mike Kleffner- 597- 2043. Motion to approve the Consent Agenda by Councilmember Glover, 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. BILLS: A C Nelsen RV World: $ 488. 62/ supplies; Abante Marketing: $ 2, 800. 05/ service; ABM Industries Inc: $ 3, 547. 12/ service; Access: $ 376. 87/ service; Action Batteries Unlimited Inc: $ 438. 00/ supplies; Acushnet Company: $ 360. 00/ merchandise; Administrative Services Corp: $ 9, 503. 09/ pehp; Advanced Office Automation Inc: 159. 04/ service; Affordable Solutions Inc: $ 50. 00/ service; All Copy Products Inc: 107. 06/ supplies; American Water Works Association: $ 3, 993. 00/ service; Ameritas Life Insurance Corp: $ 13, 650. 22/ insurance; Annie Charbonneau: $ 80. 00/ refund; Aqua- Chem Inc: $ 853. 75/ supplies; Aramark: $ 228. 81/ service; Arcoro Holdings Corp: $ 5. 50/ service; A- Relief Services Inc: $ 798. 00/ service; Artistic Sign & Design Inc: $ 8, 750. 00/ contract; Automotive Warehouse Distributors: $ 1, 100. 13/ parts; AVI Systems Inc: 4, 112. 61/ service; B& H Photo Video: $ 3, 951. 03/ supplies; Back9 Marketing: 700. 00/ service; Badger Meter Inc: $ 2, 261. 49/ service; Baker& Taylor: $ 3, 170. 47/ books; Barco Municipal Products Inc: $ 920. 00/ supplies; Batteries Plus Bulbs 073: 262. 76/ supplies; Bauer Built Tire: $ 100. 00/ parts; Baxter Ford of Papillion: 3, 152. 62/ parts; Bill Bowes: $ 176. 63/ reimbursement; Bishop Business Equipment Co: 150. 00/ supplies; Black Hills Energy: $ 1, 478. 08/ natural gas; Blue Tees Enterprises LLC: 383. 56/ supplies; Body Basics Fitness Equipment: $ 1, 904. 00/ equipment; Border States Industries Inc: $ 165. 44/ supplies; Bound Tree Medical LLC: $ 1, 063. 07/ supplies; Brite Ideas Decorating Inc: $ 1, 774. 13/ supplies; Brownells Inc: $ 94. 84/ supplies; Callaway Golf: 161. 81/ merchandise; Carla Heathershaw Risko: $ 444. 96/ reimbursement; Cengage Learning Inc / Gale: $ 631. 96/ books; Charleston Manufacturing LLC: $ 906. 00/ supplies; CHI Health Clinic: $ 56. 00/ Medical; Cintas Loc 749: $ 130. 92/ service; City Of La Vista: 32, 500. 00/ agreement; City of Papillion Recreation Department: $ 125. 00/ service; CNA Surety: $ 1, 382. 50/ service; Cobra PUMA Golf Inc: $ 4, 241. 63/ supplies; Coca- Cola of Omaha: $ 21. 72/ merchandise; Conney Safety Products LLC: $ 72. 33/ supplies; Consolidated Management Company: $ 14. 60/ service; Cook' s Heating & Air Conditioning: 880. 00/ service; Core & Main: $ 2, 008. 93/ supplies; Cornhusker Auto Wash Inc: 140. 20/ service; Cox Business: $ 10, 925. 79/ utilities; Culligan of Omaha: $ 12. 80/ supplies; Cummins Central Power: $ 6, 646. 11/ supplies; Cybergolf LLC: $ 1, 275. 00/ service; Danko Emergency Equipment Co: $ 2, 172. 92/ supplies; DataShield Corporation: 2, 375. 00/ service; Dell Marketing LP: $ 800. 00/ equipment; Derek Goff: $ 20. 03/ refund; DigiQuatics: $ 3, 410. 53/ service; Douglas E Bickal: $ 100. 00/ service; Dultmeier Sales LLC: 1, 697. 00/ supplies; DXP Enterprises Inc: $ 65. 12/ supplies; Echo Group Inc: 533. 35/ supplies; FAC Print& Promo Company: $ 3, 788. 53/ supplies; Fastenal Company: 25. 42/ supplies; FastSigns: $ 29. 24/ supplies; Feld Fire: $ 1, 734. 93/ supplies; Felsburg Holt & Ullevig: $ 5, 213. 76/ service; Fikes Commercial Hygiene LLC: $ 56. 00/ service; Findaway World LLC: $ 699. 96/ books; Fire & Police Selection Inc: $ 4, 898. 25/ supplies; First Wireless Inc: $ 278. 64/ service; Fritz Weiss: $ 300. 00/ LOSAP; Galls- Quartermaster: 2 November 15, 2022  16. 00/ supplies; Gear For Sports Inc: $ 2, 672. 30/ advertising; GPS Technologies Inc: 1, 494. 00/ service; Grainger Inc: $ 1, 289. 93/ supplies; Great Plains Uniforms LLC: 604. 50/ service; Gretna Sanitation Inc: $ 117. 00/ service; Hayes Mechanical LLC: 4, 172. 00/ service; HDR Engineering Inc: $ 3, 055. 66/ service; Helget Gas Products Inc: 815. 13/ supplies; Hobby Lobby Stores Inc: $ 11. 55/ supplies; Holiday Inn- Kearney: 707. 70/ training; Host Coffee Service: $ 5. 00/ supplies; Hubbell Homes: $ 122. 15/ refund; Hy- Vee: $ 470. 62/ supplies; Ideal Pure Water: $ 25. 38/ supplies; IdentiSys Inc: 327. 19/ supplies; InfoSafe Shredding Inc: $ 60. 00/ service; Inland Truck Parts & Service: 57. 18/ supplies; Invoice Cloud Inc: $ 9, 900. 20/ service; Jack Miller: $ 300. 00/ LOSAP; Jayne Timmerman: $ 75. 00/ refund; Jessica Hubbard: $ 182. 60/ reimbursement; Jochim Precast Concrete: $ 2, 462. 50/ service; John Schendt: $ 300. 00/ LOSAP; Johnson Brothers of Nebraska: $ 1, 237. 89/ supplies; Julian Andrade: $ 945. 00/ reimbursement; K Electric Company Inc: $ 4, 807. 72/ service; Kaitlyn Darveau: $ 306. 00/ reimbursement; KB' s Food Shops: $ 854. 00/ service; Kearney Public Library: $ 6. 00/ supplies; Kelly Warehime: 88. 50/ reimbursement; Kriha Fluid Power Co Inc: $ 62. 37/ supplies; Lacey Partlow: 88. 50/ reimbursement; Lakeshore Learning Materials: $ 384. 94/ supplies; Landport Systems Inc: $ 125. 00/ service; Lawlor' s Custom Sportswear: $ 42. 00/ supplies; League of Nebraska Municipalities: $ 545. 08/ membership; Lincoln Financial Group: 9, 634. 63/ insurance; Lowe' s Business Account/ SYNCB: $ 2, 701. 35/ supplies; Lueder Construction Company: $ 30, 743. 05/ service; Malinda McEntire: $ 306. 00/ reimbursement; Marco Technologies LLC NW 7128: $ 407. 62/ contract; Marking Refrigeration Inc: 200. 00/ equipment; Matheson Tri- Gas Inc: $ 339. 35/ supplies; Matt M Kangas: 47. 48/ refund; McKay Landscape Lighting Inc: $ 36, 223. 25/ service; Menards - Bellevue: 44. 99/ supplies; Menards - Ralston: $ 638. 38/ supplies; Metro: $ 817. 00/ service; Michaela Sherman: $ 1, 910. 88/ service; Microfilm Imaging Systems Inc: $ 224. 00/ service; Midlands Family Urgent Care: $ 561. 00/ Medical; Midlands Printing & Business Forms: 197. 45/ supplies; Midwest Laboratories Inc: $ 1, 000. 00/ service; Midwest Petroleum Equipment: $ 1, 503. 66/ service; Midwest Tape: $ 1, 181. 80/ audio; Midwest Turf& Irrigation: 1, 579. 31/ supplies; Mobile Pro Shop: $ 455. 70/ supplies; Monroe Truck Equipment Inc: 309. 84/ supplies; Motorola Solutions Inc: $ 3, 553. 20/ supplies; MSC Industrial Supply Co Inc: $ 80. 00/ supplies; Municipal Supply Inc of Omaha: $ 425. 47/ supplies; Napa Auto Parts: 453. 78/ supplies; National Safety Council Nebraska: $ 650. 00/ training; NE Dept of Revenue: $ 90, 456. 60/ government; Nebraska Library Commission: $ 278. 60/ dues; Nebraska Rural Water Association: $ 275. 00/ service; Nebraska Secretary of State: 30. 00/ service; Nebraska- Iowa Industrial Fasteners Corp: $ 155. 83/ supplies; Nick Adams: $ 2, 000. 00/ reimbursement; North American Rescue LLC: $ 18. 86/ supplies; OCLC Inc: $ 778. 18/ supplies; ODP Business Solutions: $ 1, 738. 36/ supplies; Omaha Compound Company: $ 5, 325. 64/ supplies; Omaha Public Power District: $ 128, 217. 07/ electricity; One Call Concepts Inc: $ 508. 64/ service; One Source The Background Check Co: 227. 30/ service; O' Reilly Auto Parts: $ 1, 629. 25/ supplies; Papillion Community Foundation: $ 44, 192. 00/ organization; Papillion Sanitation: $ 3, 951. 39/ refuse; Papillion Tire Inc: $ 131. 56/ supplies; Parker Victor: $ 275. 48/ reimbursement; Pitney Bowes Global Financial Services: $ 159. 57/ service; Pomp' s Tire Service Inc: $ 354. 00/ supplies; Postmaster: $ 3, 800. 00/ service; Premier- Midwest Beverage Co: $ 124. 36/ merchandise; Quadient Finance USA Inc: $ 1, 132. 75/ service; Quality Brands of Omaha Inc: 86. 85/ merchandise; Quill Corporation: $ 230. 26/ supplies; Rachel Buckwalter: 3 November 15, 2022  88. 50/ reimbursement; RAKA: $ 4, 101. 18/ supplies; Ray Martin Company of Omaha: 1, 440. 29/ service; Raymond D Higgins: $ 300. 00/ LOSAP; Ready Mixed Concrete Company: $ 4, 434. 95/ supplies; Revela: $ 2, 159. 00/ supplies; Rich Higgins: 300. 00/ LOSAP; RNDC: $ 698. 94/ merchandise; Rotella' s Italian Bakery Inc: 43. 56/ supplies; Roth Enterprises Inc: $ 2, 000. 00/ supplies; Russell L Zeeb: 300. 00/ LOSAP; Sam' s Club - Golf: $939. 68/ supplies; Sam' s Club - Public Works: 101. 62/ supplies; Sapp Bros Inc - Omaha: $ 35, 363.09/ fuel; Sarpy County Chamber of Commerce: $ 185. 00/ membership; Sarpy County SID 97: $ 5, 622. 50/ service; Sarpy County Treasurer: $ 6, 422. 00/ service; Shirt Shack Omaha Inc: $ 265. 92/ supplies; Simms Plumbing LLC: $ 36. 00/ refund; Social Landscapes: $ 1, 560. 00/ service; Spin Linen Management: $ 339. 08/ supplies; SRIXON/ Cleveland Golf/ XXIO: $ 450. 87/ merchandise; Stacia Luther: $ 200. 00/ service; Standard Heating & Air Inc: $ 145. 50/ service; Staples Inc: 171. 99/ supplies; Sun Mountain Sports Inc: $ 2, 502. 04/ supplies; Tammy Delzell: 75. 00/ refund; TD2 Nebraska Office: $ 561. 67/ engineering; Teresa' s Cleaning: 1, 190. 00/ service; The Schemmer Associates Inc: $ 2, 992. 50/ service; The UPS Store - 5359: $ 180. 83/ service; TK Elevator Corporation: $ 408. 98/ service; Todd Remmers: 6. 60/ reimbursement; Tool Supply Inc: $ 972. 36/ supplies; Tour Edge: 93. 00/ merchandise; TransUnion Risk and Alternative: $ 100. 40/ service; TX Papillion LLC: $ 792. 00/ service; UMB Bank NA: $ 119, 515. 00/ service; Unite Private Networks LLC: 6, 568. 40/ service; Urban Roots Nursery Inc: $ 1, 487. 00/ supplies; US Bank Corporate Payment Systems: $ 38, 118. 16/ service; US Foods Inc: $ 77. 91/ supplies; USABlue Book: 1, 083. 72/ supplies; Utility Equipment Company: $ 27, 372. 94/ supplies; Value Line Publishing LLC: $ 1, 573. 00/ service; Verizon Connect NWF Inc: $ 388. 56/ parts; Verizon Wireless: $ 3, 099. 36/ utilities; Vessco Inc: $ 1, 282. 66/ supplies; Vierregger Electric Company Inc: $ 347. 00/ service; Weldon Parts Omaha: $ 67. 42/ parts; Wells Fargo Financial Leasing: $ 132. 00/ service; Western Engineering Co Inc: $ 64, 790. 21/ service; Wex Health Inc: $ 332. 50/ medical; White Cap LP: $ 4, 350. 00/ supplies; Zoll: 2, 329. 63/ supplies; Bank Transaction Fees: $ 22, 254. 43 ; Payroll: $ 943, 597. 24 ; Total: 1, 901, 202. 45. ORDINANCES FIRST READING: None. ORDINANCES SECOND READING AND PUBLIC HEARING: ORD. 1978 - An ordinance to amend the FY2022- 2023 Budget- Nancy Hypse - 597- 2020. Mayor Black opened the public hearing and called for proponents and opponents. No one came forward and the public hearing was closed. ORD. 1980 - An ordinance to approve a Change of Zone from AG ( Agricultural) to R- 4 Multiple- Family Residential) for the property legally described as Tax Lot 9, Tax Lot 1B, and Tax Lot 2 all located in Section 3, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located southwest of S 84th St and Schram Rd. The applicant is Richland Homes, LLC. ( Shadow Creek) - Travis Gibbons - 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Pat Sullivan, 1246 Golden Gate Dr, stated that he represents the applicant and provided an update on the project. Mr. Sullivan added that the applicant is aware there are concerns regarding traffic at S 84th St and Corn Dr. Mr. Sullivan explained that traffic signals would be required to be installed at that intersection when the development is 95% completed. 4 November 15, 2022 Councilmember Mumgaard asked where the 95% threshold comes from. Mr. Sullivan explained that the threshold was based on results of a traffic study. Councilmember Mumgaard stated that he noticed in the Preliminary Plat that a traffic impact study was mentioned and talked about a traffic light, which would be discussed in the Subdivision Agreement. Mr. Sullivan explained that signalization requirements outlined in the traffic impact study will be included in the Subdivision Agreement, which states that this SID will have to contribute to the traffic light installation. Councilmember Mumgaard stated that he usually goes along with what a traffic impact study recommends but thinks that waiting for the 95% threshold may take too long and thinks a traffic light may be needed sooner. Councilmember Stubbe asked what mitigating or interim steps will be taken during construction to make sure traffic will not be impeded on 84th St. Mr. Sullivan stated that he thinks the best way to address that is for the development team to work with the City' s Public Works Department and put together a construction plan. Councilmember Engberg commended the development team for having a plan in place to install a traffic signal. Opponents: Beth and Mike Norris, 2425 Corn Dr, explained their concerns with the new subdivision being built and the potential impact to traffic along 84th St. Ms. Norris stated that she thinks a traffic signal needs to be installed at 84th St and Corn Dr sooner versus later. Robert Conn, 2311 S River Rock Dr, asked if 90th St will be completed before the grading of the project area happens, how far south 90th St will go, and what type of intersection 90th St and Schram Rd will be. Neutral: Marvin Leaders, 13901 Schram Rd, explained that he is part owner of the land south of this project and asked that the storm water runoff be reviewed, as he believes the current proposal may cause problems for his property. Mayor Black stated that the Public Works Director is aware of his concerns and will have the Public Works Department look into it. No one else came forward and the public hearing was closed. Councilmember Mumgaard asked when and if the Subdivision Agreement will be put before Council for consideration. Mr. Gibbons explained that the Subdivision Agreement and Final Plat will be sent to Council for consideration at the same time, and that no date has been set yet. Councilmember Kluch asked what the timeline is for 90th St being completed and whether it is the City' s responsibility to have it completed. Mayor Black explained that these issues will be addressed with the Preliminary Plat. ORD. 1981 — An ordinance to approve a Change of Zone from AG ( Agricultural) to R- 4 Multiple- Family Residential) for the property legally described as a tract of land located in all of Outlot D, Seventy Two Place, together with part of the NE 1/ 4 of the NW 1/ 4 located in Section 1, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located SE of 72" d St & Schram Rd. The applicant is Papio Park, LLC. ( Seventy Two Place — Phase 2) — Travis Gibbons — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Jason Thiellen, E& A Consulting Group, 10909 Mill Valley Rd, Omaha, stated that he 5 November 15, 2022 was present on behalf of the applicant. Mr. Thiellen provided an update on the project and stated he was available for questions. Opponents: None. No one else came forward and the public hearing was closed. ORD. 1982 — An ordinance to rename Mesa St as dedicated by the Overland Hills V Final Plat to be S 97th St— Travis Gibbons — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. No one came forward and the public hearing was closed. ORDINANCES THIRD READING AND RESOLUTIONS: RES. R22- 0187— PUBLIC HEARING AND VOTE— A resolution to approve a Preliminary Plat for the property legally described as all of Outlot D, Seventy Two Place, together with part of the NE 1/4 of the NW 1/4 located in Section 1, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located SE of 72nd St and Schram Rd. The applicant is Papio Park, LLC. Seventy Two Place— Phase 2)— Travis Gibbons — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Mayor Black stated that the public comments from E3. ORD. 1981 would be carried over to this item. No one else came forward and the public hearing was closed. Motion to approve RES. R22- 0187 by Councilmember Engberg, 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. R22- 0188— PUBLIC HEARING AND VOTE— A resolution to approve a Preliminary Plat for the property legally described as Tax Lot 9, Tax Lot 1 B, and Tax Lot 2 all located in Section 3, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located SW of S 84th St and Schram Rd. The applicant is Richland Homes, LLC. ( Shadow Creek)— Travis Gibbons 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Mayor Black stated that all the public comments from E2. ORD. 1980 would be carried over to this item. Proponent: Pat Sullivan, 1246 Golden Gate Dr, addressed issues regarding S 90th St that were brought up during the public hearing for the associated Change of Zone ordinance. Jeff LaMontagne, E& A Consulting, 10909 Mill Valley Rd, Omaha, explained that the 90th St improvements would go through Hardwood Dr and that the developers are working with Mr. Leaders on the drainageway concern. Councilmember Mumgaard asked about connectivity between the neighborhoods on either side of 90th St. Mr. Sullivan explained how the neighborhoods would be connected. Neutral: Gabriel Schlueter, 2416 S River Rock Dr, asked where traffic from the neighborhood would go if 84th St is listed as an arterial street and 90th St as a collector street. Ms. Schlueter also asked where any parks would be built in the new neighborhood. Mayor Black briefly explained the development process and when different agreements are typically approved. Robert Conn, 2311 S River Rock Dr, asked what elementary school students from this new neighborhood will attend. Mayor Black explained that the school district will determine attendance boundaries. 6 November 15, 2022 Mike Norris, 2425 Corn Dr, explained that at the Planning Commission meeting when there was a discussion on parks, someone had stated that the residents living in the new neighborhood could go to the parks in the Summit Ridge or Glenwood Hills subdivisions. Mr. Norris expressed concern with people having to cross S 84th St to use the park in Glenwood Hills. No ono else came forward and the public hearing closed. Motion to approve RES. R22- 0188 by Councilmember Stubbe, second by Councilmember Glover. Councilmember Jaworski asked if an additional traffic study could be conducted during construction. Councilmember Sunde stated that he plans on voting for the Preliminary Plat, but also has concerns regarding the traffic. Councilmember Gaines agreed. Councilmember Mumgaard suggested that City staff consider installation of a traffic signal sooner than 95% buildout. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R22- 0189 — PUBLIC HEARING AND VOTE — A resolution to approve a Special Use Permit for the property legally described as Tax Lot 3A1A2 in Section 2, T13N, R11 E of the 6th P. M., Sarpy County, NE, generally located at 12380 S 150th St. The applicant is Omaha Cellular Telephone Company d/ b/ a Verizon Wireless. ( Verizon Communications Tower) — Travis Gibbons — 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 RES. approve R22- 0189 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. RES. R22- 0195 — A resolution to approve the posting of the annual occupation tax report onto the City' s Nancy Hypse — website — 597- 2020. Motion to approve RES. R22- 0195 by Councilmember Kluch, 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. RES. R22- 0200 — 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 2022 winter fireworks season ( December 29- 31) — Nicole Brown — 597- 2021. Motion to approve RES. R22- 0200 by Councilmember Stubbe, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Councilmember Gaines asked if approval of this license prior to consideration of item F6. ORD. 1979 would make the license subject to the current fireworks ordinance in code. Mayor Black explained that the licensee will be required to abide by the ordinance that is current during the licensing period. Ms. Heathershaw Risko added that the proposed ordinance amendment in F6 includes changes to the dates and times of the winter season but would not impact the licensing process. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. ORD. 1979 — PUBLIC HEARING AND VOTE — An ordinance to amend Papillion Municipal Code $$ 117- 4 and 117- 11 to revise the number of fireworks sales licenses, to amend 7 November 15, 2022 fireworks regulations, and to provide for an effective date— Phil Green — 827- 1778 ( Tabled from the November 1, 2022, City Council Meeting). Mayor Black explained that ORD. 1979 was tabled from the November 1, 2022, City Council Meeting, and a request had been made to reopen the public hearing. The public hearing was originally held at the October 18, 2022, City Council Meeting, but will be reopened tonight. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: None. Opponent: John Lowndes, 11909 S 48th St, Shepherds Inc., came forward and stated that his organization' s concern as a nonprofit is that the allowance of additional tents will reduce profits for each organization. Councilmember Mumgaard stated that limiting the number of tents to what can be safely regulated has long been the City' s standard. He added that he spoke with the Police Department and asked them if any problems had been reported and was told no. Pat Sullivan, 1246 Golden Gate Dr, representing Bellino Fireworks and the organizations who use Bellino Fireworks, stated that he thinks the language stating " to safely regulate" is too vague and he does not understand how it can be enforced. Mr. Sullivan added that he thinks it makes sense to increase the number of licenses from 12 to 14 ( the number allowed in 2022), and then reevaluate the number of licenses as the city continues to grow. Councilmember Mumgaard stated that the language " to safely regulate" has been a part of the ordinance for a long time and has been the City' s standard. He added that he does not think the City needs to limit how many licenses can be permitted each year. Councilmember Mumgaard asked Mr. Sullivan if he had any concerns with the language about who can operate a fireworks tent. Mr. Sullivan stated yes and that he had questions about who the wording was referring to, since most tents, porta- potties, and dumpsters are rented from vendors. The language in § 117- 11( E) seems to limit who may operate in the fireworks tent, which could put the applicant in violation of this ordinance. Councilmember Mumgaard stated that he did not think the intent was to prohibit that kind of activity. Neutral: James Pederson, 11725 S 113th St, Fraternal Order of Eagles, explained that his own concern with the regulation of approving vendors who have operated for five or more consecutive years is that it does not allow for new groups to have an opportunity to participate in fireworks sales. Mike Erdman, 926 S Madison St, stated that there should be a different way of determining which applicants are approved for a license, because there needs to be some opportunities available for other nonprofit organizations. Edward Weniger, 1709 Ridgeview Dr, stated that he agreed with Councilmember Mumgaard and did not think there should be a limit on the number of licenses approved. No one else came forward and the public hearing was closed. Motion to approve ORD. 1979 by Councilmember Mumgaard, second by Councilmember Stubbe. Councilmember Glover stated that there has been quite a bit of discussion over the last few years regarding fireworks and numbers. He added that there has been some progress made in giving other groups an opportunity to participate in fireworks sales, and that the number of approved licenses had been increased from 12 to 14. Mayor Black clarified that the number of approved 8 November 15, 2022 licenses was 14 only for the 2022 season and will now go back to 12 based on the current ordinance. Councilmember Glover thanked Mayor Black for the clarification and stated that he would support increasing the number of licenses to 14 annually if a motion to do so was presented. Councilmember Stubbe stated that he would like to discuss more about the change relative to who is getting the license and that it should be operated by individuals who are part of the 010211173011. COU1101111101111301 Stubb 01111101110d that NO intent with SCAM was Ib l'h6 sure that an organization that is issued a license cannot sell it to another organization. He added that he would be receptive to cleaning up the language in that section. Councilmember Gaines stated that he would like to make a motion to amend to strike all changes listed in ORD. 1979 and go back to the current ordinance; to remove all language specific to the 2022 selling season; to amend § 117- 11( A) to increase the number of permits that the City can issue from 12 to 14; to add the following language to § 117- 11( C): " In addition to and notwithstanding the above criteria, any applicant may be approved or disapproved based on consideration on the applicant' s past performance as a permittee"; and to add the following language to § 117- 11( F): " Upon approval by the City Council, a license may not be sold, leased, or transferred in any matter to any other organization other than the organization that was approved for the permit." Second by Councilmember Sunde. Councilmember Mumgaard stated that he plans to vote against the motion to amend because he thinks that there should be an extension on the timeframe during which fireworks may be discharged, and that he thinks that some organizations are obtaining their licenses but then hiring out the work instead of just leasing out their licenses. Councilmember Jaworski stated that he agrees with most of the motion to amend but asked what the consequences for an organization would be if they were caught selling, leasing, or transferring their license to another organization. Councilmember Gaines stated that he thinks the language proposed to be added to § 117- 11( C) may address this concern. Councilmember Gaines asked if he could add to his motion to amend. Mayor Black stated yes. Councilmember Gaines stated that he would propose keeping the end time that fireworks may be sold during the winter selling season at 11: 59 P. M. on December 31 but extending the time they can be discharged to 12: 30 A. M. on January 1. Mayor Black called for a vote on the motion to amend. Upon roll call vote, Sunde, Gaines, Glover, Jaworski, Kluch, and Engberg all voted yes. Voting no: Mumgaard and Stubbe. Motion passed. Mayor Black called for a vote on the motion to approve as amended. 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: Public Safety Committee: Councilmember Kluch stated that the Committee discussed changing some yield signs to stop signs at a couple of busier intersections which will be going before Council for consideration. Councilmember Kluch stated that the Committee also discussed the Compliance Engine software used by the Fire Department for inspections and stated that it appears to have been a good investment for the City. Councilmember Kluch lastly stated that the Committee continues to work through and review the Property Maintenance Code. 9 November 15, 2022 Comments from the Floor: Beth Norris, 2425 Corn Dr, stated that she did not think a traffic light could be installed too early and thinks that a traffic light needs to be installed at 84th St and Corn Dr soon. Comments from Mayor and Council: Mayor Black provided an update on his events: ( 1) Mayor Black attended the Lift Up Sarpy: Shining Stars Luncheon; ( 2) Mayor Black presented at the Sarpy County Chamber Modern Professionals Business Tour of City Hall; ( 3) Mayor Black attended the Nebraska Vietnam Veterans Memorial Foundation Meeting; ( 4) Mayor Black attended the United Cities Meeting; ( 5) Mayor Black and Staff attended the American Legion Post 32 Veterans Day Event. Mayor Black congratulated everyone who participated in the election. Mayor Black stated that the firstmeeting in December will be when the new councilmember and the reelected councilmembers will be sworn in. Councilmember Sunde stated that he recently attended a swearing- in ceremony during which an abbreviated version of the Oath of Office was administered. He suggested that the City consider using an abbreviated version during meetings. Councilmember Kluch thanked Ms. Powers for sitting on an Eagle Scout Board of Review. 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 8: 39 PM. CITY OF PAPILLION D P. BLACK, MAYOR ATTEST: OEM NICOLE BROWN, CITY CLERK SEAL) kmbc,r Powers, E tpu CI ty GtrK 10 November 15, 2022