City Council

PAPILLION CITY COUNCIL MINUTES TUESDAY, AUGUST 16, 2023 @ 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 August 15, 2023, at 7: 00 PM. Deputy City Clerk Taylor Baratta called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard, Jason Gaines, Jim Glover, David Fanslau, Lu Ann Kluch, Bob Stubbe, Steve Engberg, and Mayor David Also present were City Administrator Amber Powers, Deputy City Administrator P. Black. Mark Stursma, Finance Director Nancy Hypse, Recreation Director Tracy Stratman, Parks and Facilities Director Tony Gowan, Police Chief Chris Whitted, City Attorney Alan Thelen, Planning Director Travis Gibbons, Public Works Director Michael Kleffner, Human Resources Director Carrie Svendsen, Chief Building Official Brad Sojka, Library Director Matt Kovar, and Communications Manager Trent Albers. Mayor Black led those present in the Pledge of Allegiance. Affidavit of Publication: Notice of the meeting was given in the Sarpy County 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 Council Chambers. Oath of Office: Mayor Black administered the Oath of Office to City Attorney Nicole Hutter. Ms. Hutter thanked Council for her appointment and stated that she is excited to join the Papillion community. ADMINISTRATOR' S REPORT: City Administrator Amber Powers provided an update: ( 1) Ward redistricting will be taking place due to the most recent annexation. Redistricting will need to be effective by December 14th; ( 2) Thank you to the Police Department and staff that participated in National Night Out on August 1st; ( 3) The Nebraska Game and Parks Commission held their Community Fishing Night at Halleck Park on August 1st; ( 4) Omaha by Design held their Open Omaha tours, with City Hall being picked as a location for the public to tour, on August 5t" and 6tn; 5) The Public Safety Committee will be holding a meeting on September 5th; ( 6) City offices will be closed in observation of Labor Day on September 4tn CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the August 1, 20232 City Council Meeting; ( 3) RES. R23- 0132 — A resolution to approve claims presented — Nancy Hypse — 597- 2020; ( 4) RES. R23- 0134 — A as resolution to authorize the Papillion- La Vista School District to resurface Fricke Field with synthetic turf, to add new backstop netting, and to install new ADA bleachers — Tony Gowan — 597- 2049; ( 6) RES. R23- 0135 — A resolution to approve the SID 362 ( Oak Leaf) Agreement for Force Main Connection and Wastewater Service — Michael Kleffner —597- 2043. Motion to approve the Consent Agenda by Councilmember Kluch, second by Councilmember Gaines. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. August 15, 2023 BILLS: AA Wheel & Truck Supply Inc: $ 50. 62/ supplies; Access: $ 443. 52/ service; Action Batteries Unlimited Inc: $ 87. 60/ supplies; Acushnet Company: $ 5558. 90/ merch and ise; Administrative Services Corp: $ 9799. 74/ pehp; Advanced Office Automation Inc: $ 267. 90/ service; AKRS Equipment Solutions Inc: $ 1822. 69/ supplies; All Copy Products Inc: $ 125. 99/ supplies; American Underground Supply: $ 24. 59/ supplies; Ameritas Life Insurance Corp: $ 18790. 96/ insurance; Aqua - Chem Inc: $ 3250. 75/ supplies; Aramark: $ 1063. 32/ service; A -Relief Services Inc: 1480. 00/ service; Aspen Equipment Co: $ 339. 65/ supplies; Associated Fire Protection: 1277. 70/ service; Automotive Warehouse Distributors: $ 90. 20/ parts; Back9 Marketing: 700. 00/ service; Badger Meter Inc: $ 2757. 22/ service; Baker & Taylor: $ 6454. 64/ books; Baxter Ford of Papillion: $ 823. 54/ parts; Bibliotheca LLC: $ 1888. 00/ equipment; Bishop Business Equipment Co: $ 12180. 98/ supplies; Black Hills Energy: $ 645. 78/ natural gas; Blackstone Publishing: $ 131. 18/ supplies; Blair Construction and Remodeling Inc: $ 7614. 14/ service; Blue Cross Blue Shield: $ 417860. 56/ insurance; Bobcat Of Omaha: $ 16. 15/ supplies; BOK Financial: 950. 00/ services; Bound to Stay Bound Books Inc: $ 171. 75/ supplies; Bound Tree Medical LLC: 688. 84/ supplies; Bradley Fuqua: $ 324. 50/ reimbursement; Caselle Inc: $ 1909. 00/ service; Cash- Wa Distributing: $ 3221. 19/ merchandise; Cengage Learning Inc / Gale: $ 172. 56/ books; Central States Group: $ 218. 04/ supplies; Champion Enterprises Inc: $ 907. 50/ service; Chem -Suit Inc: 14103. 68/ supplies; Chief School Bus Inc: $ 1229. 58/ service; Cintas Loc 749: $ 143. 20/ service; City Of Omaha Cashier: $ 419565. 61 / service; City of Papillion Recreation Department: 20219. 75/ service; Coca- Cola of Omaha: $ 3046. 29/ merch and ise; CompChoice: 1213. 86/ medical service; Constellation NewEnergy Gas Division: $ 19. 30/ utilities; Cornhusker International Trucks Inc: $ 492. 42/ supplies; Cox Business: $ 12841. 24/ utilities; Culligan of Omaha: 13. 80/ supplies; Cummins Central Power: $ 1737. 14/ supplies; D& K Products: 4691. 94/ supplies; D R Horton: $ 66. 43/ refund; Daniel Woods: $ 1050. 00/ services; Danielson / Tech Supply: $ 260. 20/ supplies; David Black: $ 70. 50/ reimbursement; David Hynek: 800. 00/ service; Dell Marketing LP: $ 41476. 00/ equipment; DeLoa and Sons Construction: 1361. 01 / service; Diamond Vogel: $ 598. 30/ supplies; Diane Carlson: $ 11. 42/ reimbursement; Douglas Bickal: $ 174. 44/ payroll; Dultmeier Sales LLC: $ 135. 00/ supplies; Dylan M Fuchs: 43. 89/ reimbursement; E& A Consulting Group Inc: $ 1127. 75/ services; Eakes Office Solutions: 145. 07/ supplies; Echo Group Inc: $ 498. 60/ supplies; ESU 3: $ 275. 00/ training; Expressions For Your Image LLC: $ 8. 95/ service; FAC Print & Promo Company: $ 4403. 18/ supplies; Fairfield Inn & Suites: $ 129. 95/ lodging; Feld Fire: $ 150. 00/ supplies; Felsburg Holt & Ullevig: $ 1362. 50/ service; Fire Protection Services LLC: $ 315. 00/ service; Gear For Sports Inc: $ 1830. 36/ advertising; General Code: $ 2845. 00/ service; Great Plains Contractor Services LLC: $ 1091. 20/ services; Great Plains Uniforms LLC: $ 1042. 45/ service; Gretna Welding Inc: $ 150. 00/ service; GT Distributors Inc: $ 286. 70/ supplies; Hailey Olson: $ 183. 50/ reimbursement; Harm' s Concrete: 2032. 39/ goods; Hawkins Inc: $ 7103. 34/ supplies; Heartland Tires & Treads - Omaha: 855. 32/ supplies; Helm Mechanical Helm Service: $ 6095. 37/ service; Hockenbergs: 39. 75/ supplies; Hometown Leasing: $ 362. 32/ service; Hornung' s Golf Products Inc: 742. 04/ merchandise; Hose and Handling Inc: $ 54. 70/ supplies; Host Coffee Service: 249. 83/ supplies; Hotsy Equipment Co / A NE Corp: $ 1405. 50/ supplies; Houston Engineering Inc: $ 9927. 99/ services; Hubbell Homes: $ 200. 84/ refund; Huntington National Bank: 4949. 81 / service; Hy- Vee: $ 770. 11 / supplies; Insight Public Sector Inc: $ 136. 08/ supplies; International Code Council Inc: $ 294. 75/ supplies; Invoice Cloud Inc: $ 11014. 91 /service; Jack Miller: $ 300. 00/ LOSAP; Jeff Payton: $ 206. 50/ reimbursement; Jeff Quinn: $ 250. 00/ service; Jessica Hubbard: $ 60. 26/ reimbursement; John Schendt: $ 300. 00/ LOSAP; Johnson Brothers of Nebraska: $ 4024. 32/ supplies; Jones Automotive Inc: $ 3331. 96/ supplies; Julianne Popelka: 247. 92/ refund; K Electric Company Inc: $ 2901. 07/ service; Kanopy Inc: $ 340. 00/ service; Kendall Martin: $ 2250. 00/ services; Koley Jessen PC LLO: $ 1609. 50/ legal; Kriha Fluid Power Co Inc: 69. 09/ supplies; Lamp Rynearson & Associates Inc: $ 335. 00/ service; Larsen Supply Company: 2 August 15, 2023  678. 86/ supplies; Lawrence Plumbing: $ 18284. 00/ service; League of Nebraska Municipalities: 55992. 00/ membership; Implement Company: $ Lewis 2425. 97/ supplies; Librarica LLC: 773. 70/ service; Lincoln Financial Group: $ 9788. 18/ insurance; Line-X of Omaha: 545. 00/ service; Lisa Busing: $ 53. 42/ refund; Lowe' s: $ 1153. 53/ supplies; Magnet Forensics USA Inc: $ 12350. 00/ service; Marco Technologies LLC NW 7128: $ 940. 86/ contract; Mariana Hurst: 270. 00/ service; Martin Asphalt: $ 596. 00/ supplies; Matheson Tri- Gas Inc: $ 1075. 45/ supplies; Menards - Bellevue: $ 266. 20/ supplies; Menards - Ralston: $ 14. 49/ supplies; Metro Landscape Materials & Recycling: $ 280. 00/ supplies; Metro: $ 2578. 00/ service; Michael Todd Industrial Supply: $ 1004. 50/ supplies; Michaela Sherman: $ Imaging Systems 4087. 50/ service; Microfilm Inc: $ 70. 00/ service; Midlands Family Urgent Care: $ 1794. 00/ Medical; Midwest Laboratories Inc: 970. 00/ service; Midwest Mudjacking Inc: $ 550. 00/ service; Midwest Tape: $ 302. 11/ audio; Midwest Turf & Irrigation: $ 1779. 20/ supplies; Monarch Lawn & Landscape: $ 600. 00/ service; Municipal Supply Inc of Omaha: $ Napa Auto Parts: $ 345. 01 / supplies; NE Dept 948. 81 / supplies; of Revenue: $ 117941. 87/ government; Nebraska Air Filter Inc: $ 59. 88/ supplies; Nebraska Golf & Turf: $ 2927. 86/ parts; Nebraska Library Commission: $ 2029. 30/ dues; Nebraska -Iowa Industrial Fasteners Corp: $ 309. 95/ supplies; Neels Trailer Outlet Inc: $ 4225. 00/ merch and ise; Newman Signs Inc: $ 1412. 45/ supplies; NMC Inc: $ 61. 28/ supplies; Odeys Inc: $ 60. 00/ supplies; ODP Business Solutions: $ 482. 48/ supplies; Omaha Compound Company: $ 2011. 33/ supplies; Omaha Door & Window Co Inc: $ 87. 96/ service; Omaha Neon Sign Company: $ 90. 55/ refund; Omaha Public Power District: $ 167835. 06/ electri city; OMNI Engineering: $ 670. 70/ supplies; One Call Concepts Inc: $ 803. 30/ service; One Source The Background Check Co: $ 513. 20/ service; O' Reilly Auto Parts: $ 686. 48/ supplies; OverDrive: $ 1928. 34/ audio; Papillion Sanitation: $ 2128. 10/ refuse; Parker Victor: $ 315. 31 / reimbursement; Pitney Bowes Bank Inc: $ 1 000. 00/ services; Pitney Bowes Global Financial Services: $ 159. 57/ service; Polsley Electric Company LLC: $ 115. 35/ refund; Portable Storage of Nebraska: $ 138. 00/ service; Postmaster: $ 200. 00/ service; Premier -Midwest Beverage Co: $ 3896. 04/ merchandise; Quadient Finance USA Inc: $ 280. 00/ service; Quality Brands of Omaha Inc: $ 5492. 90/ merch and ise; Quill Corporation: $ 134. 55/ supplies; R& R Products Inc: $ 162. 69/ service; R& R Realty: $ 7820. 00/ refund; RAKA: $ 477. 05/ supplies; RCX Sports LLC: $ 7720. 00/ supplies; Ready Mixed Concrete Company: $ 3007. 23/ su p plies; Regal Printing Company: $ 2672. 00/ supplies; Reginald Wright: $ 36. 68/ reimbursement; Revela: 1879. 00/ supplies; Revolution Wraps LLC: $ 4612. 83/ service; Rich Higgins: $ 300. 00/ LOSAP; Riekes Equipment Company: $ 51118. 32/ supplies; RNDC: $ 169. 82/ merchandise; Rotella' s Italian Bakery Inc: $ 650. 52/ supplies; Russell L Zeeb: $ 300. 00/ LOSAP; Sam' s Club - Golf: 4288. 06/ supplies; Sam' s Club Rec: $ 998. 83/ supplies; Sandry Fire Supply LLC: 97. 05/ supplies; Sapp Bros Inc Omaha: $ 46343. 86/ fuel; Sarpy County SID 97: 5396. 70/ service; Sarpy County Treasurer: $ 21. 00/ service; Sarpy County: $ 12690. 00/ service; Scholastic Inc: $ 476. 00/ service; Sol Lewis Engineering Co: $ 381. 24/ service; Southern Glazer' s Wine & Spirits of NE: $ 1236. 54/ merchandise; Southern Living: $ 40. 75/ service; Spencer Management: $ 11348. 23/ services; Spin Linen Management: $ 377. 47/ supplies; Spirit Football League of Papillion Inc: $ 2420. 00/ service; Springshare LLC: $ 886. 00/ service; SRIXON/ Cleveland Golf/ XXIO: $ 342. 57/ merchandise; Stop Stick Ltd: $ 694. 00/ supplies; Suburban Newspapers Inc: 1500. 21 / service; Symbiote IT Solutions: $ 3517. 92/ service; Syn- Tech Systems Inc: 2550. 00/ supplies; TD2 Nebraska Office: $ 418. 75/ engineering; Techmasters Inc: $ 59. 10/ refund; Ted' s Mower Sales & Service Inc: $ 12. 09/ supplies; The Lifeguard Store: $ 9390. 00/ supplies; The ProActive Sports Group: $ 208. 00/ supplies; The Sherwin- Williams Co: $ 31. 09/ supplies; THI Builders Inc: $ 134. 66/ refund; Tina B LLC: $ 450. 00/ service; TK Elevator Corporation: 423. 30/ service; Todd Grosse: $ 200. 00/ reimbursement; Traci Nelson: $ 149. 82/ refund; TransUnion Risk and Alternative: $ 75. 00/ service; Tred- Mark Communications: 14208. 00/ service; Trees Shrubs And More Inc: $ 200. 64/ supplies; TriCare West Region: 890. 06/ service; TruGreen Commercial: $ 1980. 92/ service; Turfwerks: $ 504. 46/ supplies; Twin Creek Animal Hospital: $ 791. 15/ service; TX Papillion LLC: $ 836. 00/ service; Ty' s Outdoor Power 3 August 15, 2023  Service: $ 1062. 49/ supplies; UMB Bank NA: $ 184865. 00/ service; United Healthcare: 954. 00/ reimbursement; US Bank Corporate Payment Systems: $ 29809. 52/ service; US Foods Inc: $ 2793. 29/ supplies; USABlueBook: $ 159. 57/ supplies; Utilities Section League of Nebraska: 2206. 00/ dues; Utility Equipment Company: $ 5278. 13/ supplies; Valentino' s: $ 2553. 50/food; Van Wall Equipment: $ 436. 75/ supplies; Verizon Connect Fleet USA LLC: $ 545. 40/ service; Verizon Wireless: $ 3967. 87/ utilities; Walkers Inc dba Max I Walker: $ 301. 10/ service; Waystar Health: 171. 12/ service; Westlake Ace Hardware: $ 86. 27/ merchandise; Wex Health Inc: 367. 50/ medical; Woodhouse Parts Direct: $ 351. 70/ service; World Book Inc: $ 79. 99/ supplies; Yost Excavating Inc: $ 93849. 09/ services; Zimco Supply Co: $ 3638. 28/ supplies; ZOLL Medical Corporation: $ 300. 78/ supplies; Zoll: $ 553. 42/ supplies; Payroll: $ 1, 051, 418. 41; Bank Fees: 32, 730. 30; Total: $ 3, 172, 269. 27. ORDINANCES FIRST READING: ORD. 2004 — An ordinance to approve the FY2023- 2024 Budget — Nancy Hyp§ e — 697- 2020. Introduced by Councilmember Engberg. ORD. 2006 — An ordinance to amend Papillion Municipal Code Chapter 69 regarding salaries — Carrie Svendsen — 916- 9645. Introduced by Councilmember Glover. ORD. 2007 — An ordinance to establish the 2023/ 2024 salary ranges for management and exempt positions — Carrie Svendsen — 916- 9646. Introduced by Councilmember Stubbe. ORDINANCES SECOND READING AND PUBLIC HEARING: ORD. 2003 — An ordinance to approve an amendment to the FY2022- 2023 Budget —Nancy Hypse — 697- 2020.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. R23- 0130 —A resolution to approve a Final Plat for the property legally described as a tract of land located in the W1/ 2of the NWI/4of Section 2, T1 3N,, RI I E of the 6th P. M., Sara th County, NE, generally located on the SE corner of S 156 St and Schram Rd. The applicant is R & R Realty Group. ( R & R Commerce Park South - Phase 4) — Travis Gibbons —697- 2077. Motion to approve RES. R23- 0130 by Councilmember Fanslau, second by Councilmember Stubbe. Mayor Black called for proponents and opponents. Proponent: Pat Sullivan, Adams & Sullivan, 1246 Golden Gate Dr, Ste 1, came forward on behalf of the applicant. Opponents: None. Councilmember Stubbe asked about current occupancy in this development. Mike Homa, R & R Realty Group, 18881 W Dodge Rd, Ste 100 W, Omaha, came forward and briefly explained the occupancy rate and provided an overview of the project. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R23- 0131 — A resolution to approve the First Amendment to the R& R Commerce Park South Subdivision Agreement — Travis Gibbons — 597- 2077. Motion to approve RES. R23- 0131 by Councilmember Stubbe, second by Councilmember Glover. Mayor Black called for 4 August 15, 2023 proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R23- 0133 — PUBLIC HEARING AND VOTE — A resolution to approve the First Amendment to the West Cornhusker Plaza Mixed Use Development Agreement — Travis Gibbons — 697- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Pat Sullivan, Adams & Sullivan, 1246 Golden Gate Dr, Ste 1, briefly explained the request. Opponents: Mike Riggle, 312 Sea Pines Dr, stated his concerns regarding allowing this collision center to being built so close to a residential area, including concerns about health hazards from the paint fumes, environmental hazards, noise from the shop, and tow trucks dropping off vehicles at all hours. Mr. Riggle stated that he thinks the collision center should be in an area zoned industrial. Rachel Vargas, 1310 Beaufort Dr, explained her concerns about overall health hazards and decreased property values in the area. Ms. Vargas explained that she does not oppose a new company coming into Papillion but does not believe this is a good location for this type of business. Additional Proponent: Bret Flory, Cross Architects, 1255 E 15t" St, Ste 125, Plano, TX, stated that he is the Architect for the project and briefly explained the company, how it operates, and what the proposed project entailed. Councilmember Sunde asked what need this business has to request a change to the zoning as opposed to going to a more industrial area. Mr. Flory explained that the zoning already allows automotive repairs, so the company is requesting an amendment to also allow collision repair. Mr. Flory added that their shops are very clean and uses a filtration system to eliminate emissions. Councilmember Sunde asked how the filtration system works. Mr. Flory briefly explained the filtration system. Councilmember Sunde asked what would happen if the doors were left open. Mr. Flory stated that the paint booth is contained within the shop and would shut off automatically if doors are open, which is a State requirement. Councilmember Engberg asked Mr. Gibbons if this request is for an additional permitted use within the zoning. Mr. Gibbons explained that the zoning right now is Mixed Use but that the permitted uses established for that district in 2007 excluded body repair services, so the request is to add that use classification. Councilmember Fanslau asked how long the Saicozero filtration system has been in the industry and why it is not used in all of the company' s shops. Mr. Flory explained that the system has only been around for a few years. Councilmember Fanslau asked what policies are in place regarding tow truck drop- offs. Mr. Flory explained that the company would enter into a contract with the local towing companies to store a vehicle in need of repairs at their own secure lot until the next business day when the vehicle can be towed in. Councilmember Mumgaard asked for more information on the Saicozero filtration system. Mr. Flory explained the regulations for body shops, how the paint booths within the shop are operated, and how the filtration system works. 5 August 15, 2023 Councilmember Stubbe asked if the company' s stores are corporate owned or franchises. Mr. Flory stated that they are all corporate owned. Councilmember Stubbe asked if it was fair to assume that because the stores are corporate owned there are a lot of controls in place regarding operation. Mr. Flory confirmed that is correct. Councilmember Stubbe asked how the noise levels would be addressed. Mr. Flory stated that a noise study was conducted and found that the noise coming from the traffic on the streets around the building was louder than the noise coming from inside the building as long as doors were shut and work was being done inside the building. Councilmember Stubbe asked what one can expect to see with the storage parking area. Mr. Flory stated that vehicles are stored behind an opaque fenced area so that damaged cars are not visible. If an insurance company deems a car totaled, that car will be removed within 24 hours and hauled to a salvage yard. Councilmember Stubbe asked if all the landscaping shown is required by the City. Mr. Gibbons explained that there are landscape buffers required as part of the Mixed Use Agreement and for the development itself. Councilmember Gaines asked what the minimum standard in the industry is when discussing the four -filter filtration system. Mr. Flory briefly explained that state requirements are more restrictive than federal requirements for the filtration system. Councilmember Gaines asked what emissions are allowed at this location if the four -filter filtration system was not used. Mr. Flory stated that he did not know the exact number and explained how emissions are measured. He stated that the proposed painting booth, with the Saicozero filtration system, exceeds the EPA standard by 99%, as it includes a carbon filter. Mayor Black explained that common practice is for everyone to have one chance to speak at the podium, but when there is opposition the applicant is allowed a two -minute rebuttal. Rebuttal: Mr. Sullivan explained that the Mixed Use Agreement has a lot of requirements that the company has followed and added that he believes this facility has with a state of the art system to control emissions. Mayor Black thanked Mr. Sullivan for his comments and closed the public hearing. Motion to approve RES. R23- 0133 by Councilmember Engberg, second by Councilmember Glover. Mayor Black called for council discussion. Councilmember Mumgaard asked Mr. Riggle back to the podium and asked for more information regarding his concerns because the company is stating that they meet all standards and requirements. Mr. Riggle explained that in his experience, the filters in the system get clogged over time and not changed, which can cause issues including health hazards. Councilmember Mumgaard thanked Mr. Riggle and asked Mr. Gibbons why the City Code draws a distinction between auto services and auto body shops and why one requires a Special Use Permit. Mr. Gibbons explained the distinction between an auto services shop and an auto body shop and what triggers the body services classification. Mr. Gibbons added that the area is mixed use but the underlining zoning regulator is CC Community Commercial, and that in that zoning district a body repair shop requires a Special Use Permit, which is addressed through the Mixed Use Agreement. Councilmember Gaines clarified that the agreement does not mandate that the company uses anything more than state -required filtration. Mr. Gibbons stated that is correct and that it would be 6 August 15, 2023 up to the Council to make higher filtration a requirement, if they choose to. Councilmember Gaines explained that he was concerned with having an auto body shop near residences when no information is available about the number of emissions that would be released into the air, no expert testimony was given on these concerns, and fluids from wrecked vehicles could be released into the community. He added that he supports this company coming to Papillion but would like to see them in a different area away from residences and stated that he will be voting against this. Councilmember Fanslau clarified that the zoning code is set up for uses to coexist next to each other with the proper measures in place and asked if this site meets all zoning regulations, site regulations for CC zoning, and all other requirements. Mr. Gibbons stated that it does. Councilmember Fanslau asked how the City would handle noise complaints from this use. Mr. Gibbons briefly explained the noise ordinance and the process for addressing complaints. Councilmember Fanslau asked if there was 100% certainty that no wrecked vehicles would be visible on passing by. Mr. Gibbons explained that the lot when City Code requires wrecked vehicles to be obscured from the right- of- way and from passing vehicles, which is why staff recommended a wall around the back lot and landscaping to provide that coverage. Councilmember Engberg stated that he does not think it is fair for assumptions to be made that this company would be bad business partners to the community. Councilmember Kluch explained that she is concerned with how close this proposed auto body shop is to residences and believes there is a better location the business can go without needing a Special Use Permit. She stated that she also has concerns with the spills that are likely to occur and that for those reasons she will be voting against this item. Councilmember Sunde echoed the comments made by Councilmembers Gaines and Kluch and added that he does not think any councilmember would want this type of business 300 ft from their own homes. He added that he does not think it is fair for a business to come in and ask the City to change its rules for their benefit without providing a scientifically -backed presentation and that he will be opposing this. Councilmember Engberg stated that he would have more concern with this company coming to this location if there was not already an auto repair shop, brake shop, a gas station, and other businesses already there. He added that he believes the auto body shop is less risky than some other shops already there and that he will be supporting this. Councilmember Stubbe noted that the Staff Report states that the Mixed Use Agreement process is similar to a Special Use Permit process and clarified that process. He then asked what happens when a business with a special use leaves the location. Mayor Black explained that can be determined with the Special Use Permit, which can be tied to either the business or the property. Councilmember Stubbe stated that based on what has been presented the company seems to have a successful operation; however, he is concerned with what may happen if this business leaves and another similar business locates there. Councilmember Kluch asked whether in this instance the use is tied to the business or the property. Mr. Gibbons explained that the special use is specific to Lot 2 only. Councilmember Kluch asked if Council can make the special use specific to the company. Motion to amend by Councilmember Engberg to make the special use specific to Caliber Collision, second by Councilmember Stubbe. Councilmember Sunde asked Councilmember Engberg if he 7 August 15, 2023 would accept a friendly amendment to his motion to amend that would limit the Special Use Permit to one year subject to review in a year by the City Council if things are not going as promised. Councilmember Engberg stated that he disagrees with the term and thinks that having the Special Use Permit specific to the company is adequate. Councilmember Sunde explained that he cannot support the motion to amend as it is now because he thinks that the company should not have a problem with a one- year renewal process. Councilmember Kluch stated that she will be supporting the motion to amend because she believes the special use should be specific to the company and not the lot. Councilmember Fanslau asked what happens if the company violates provisions of the Mixed Use Agreement. Mr. Thelen stated that would be a breach of the Agreement which could result in the City bringing legal action against them if necessary. Councilmember Engberg stated that he would like to add to his motion to amend a requirement for use of the Saicozero filtration system. Councilmember Stubbe stated that he would second that. Mr. Thelen clarified the motions on the table were the original motion to approve RES. R23- 0133, with a motion to amend to make the special use specific to Caliber Collision, and now an additional motion to amend to include regulatory requirements. Mayor Black asked if these motions should be addressed one at a time. Mr. Thelen stated yes. Mayor Black called for a vote on the motion to amend to add the regulatory component for the filtration system. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Mayor Black stated they are now back to the original motion to amend, which is to make the special use specific to Caliber Collision. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Mayor Black called for a vote on the original motion to approve with the two amendments. Upon roll call vote, Mumgaard, Glover, Fanslau, Stubbe, and Engberg all voted yes. Voting no: Sunde, Gaines, and Kluch. Motion passed. RES. R23- 0137 — A resolution to approve an Interlocal Agreement for the transfer of opioid settlement proceeds to Sarpy County — Amber Powers —827- 1111. Motion to approve RES. R23- 0137 by Councilmember Kluch, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. ADMINISTRATIVE REPORTS: Committee Reports: Finance & Administration Committee: Councilmember Engberg stated that the Committee discussed ward redistricting due to the recent annexation. Two scenarios were reviewed and Scenario 1 was recommended. Councilmembers not on the Committee will be holding a discussion after Council to provide their input and recommendations. The Committee also discussed amendments to the Master Fee Schedule for fees related to the Water Department, Recreation Department, City Clerk' s Office, and Administration. Comments from the Floor: Pat Sullivan, Adams & Sullivan, 1246 Golden Gate Dr, Ste 1, thanked Mr. Thelen for his hard work and being great to work with and hopes he can enjoy full retirement soon. 8 August 15, 2023 Comments from Mayor and Council: Mayor Black provided an update on his events: ( 1) Staff gave tours of City Hall during the Omaha by Design' s Open Omaha Event; ( 2) Mayor Black and staff attended the ribbon cutting for Inspire Your Why; ( 3) Mayor Black and staff attended the ribbon cutting for The Papillion Taco Guy. Mayor Black reminded those present of upcoming events: ( 1) Dog Day at the Bay will take place at Papio Bay on August 1 9th; ( 2) Friday Night Bites hosted by the Recreation Department will take place on August 18th , September 15th, and October 20th; ( 3) The 55+ Club will be hosting The Wizard of Oz End of Summer Party on August 25th; ( 4) City offices will be closed in observation of Labor Day on September 4th. ADJOURNMENT: Motion to adjourn by Councilmember Glover, second by Councilmember Gaines. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Meeting adjourned at 8: 38 PM. CITY OF PAPILLION DAVOP. BLACK, MAYOR ATTEST: 4 NICOLE BROWN, CITY CLERK 9 August 15, 2023