City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 19, 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 September 19, 2023, at 7: 00 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Steve Sunde, Jason Gaines, Jim Glover, David Fanslau, Lu Ann Kluch, Bob Stubbe, Steve Engberg, and Mayor David P. Black. Councilmember Tom Mumgaard was absent. Also present were City Administrator Amber Powers, Finance Director Nancy Hypse, Recreation Director Tracy Stratman, Parks and Facilities Director Tony Gowan, Police Chief Chris Whitted, City Attorney Nicole Hutter, Planning Director Travis Gibbons, Fire Chief Robb Gottsch, 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. ADMINISTRATOR' S REPORT: City Administrator Amber Powers provided an update: ( 1) The Mayor' s Youth Leadership Council will be hosting a Hispanic Heritage Month Celebration on October 8th; ( 2) The Papillion Area Historical Society hosted its Annual Naturalization Ceremony on September 17th; ( 3) Sump Library hosted its Book Fest on September 16th; ( 4) The Papillion Butterfly Garden Club will be holding a Garden Party on September 24th; ( 5) The 55+ Club will be holding its Annual Fall Festival October 7th; ( 6) Ms. Powers and Deputy City Administrator on Mark Stursma will be attending the LONM Conference September 27- 29, and the ICMA Conference September 29- October 4. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the September 5, 2023, City Council Meeting; ( 3) Approval of the minutes from the September 5, 2023, City Council Budget Hearing; ( 4) RES. R23- 0147— A resolution to approve claims as presented — Nancy Hypse — 597- 2020; ( 5) RES. R23- 0145 — A resolution to approve Addendum Four to the Insurance Agency/ Broker Services Agreement between the City of Papillion and First National Insurance Group d/ b/ a FNIC — Nicole Brown — 597- 2021; ( 6) RES. R23- 0154 — A resolution to approve the purchase and deployment of Zoll EMS billing software — Robb Gottsch — 339- 8617. Motion to approve the Consent Agenda by Councilmember Glover, second by Councilmember Kluch. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote. Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. BILLS: Abante Marketing: $ 1531. 00/ service; Access: $ 443. 52/ service; Acreage Fences: 27. 50/ refund; Action Batteries Unlimited Inc: $ 1088. 65/ supplies; Acushnet Company: 1 September 19, 2023  2829. 28/ merchandise; Administrative Services 17206. 90/ pehp; Corp: $ Advanced Office Automation Inc: $ 847. 79/ service; AKRS Equipment Solutions Inc: $ 98. 99/ supplies; All About Doors Inc: $ 1271. 32/ service; All Copy Products Inc: $ 59. 34/ supplies; All Makes: 20357. 87/ supplies; Amazing Arthur Entertainment: $ 725. 00/ service; Amber Powers: 374. 66/ reimbursement; Ameritas Life Insurance Corp: $ 21072. 63/ insurance; Aramark: 435. 28/ service; A- Relief Services Inc: $ 1354. 18/ service; Associated Fire Protection: 549. 50/ service; Athletico Physical Therapy: $ 120. 00/ medical service; B& D Turf Cars LLC: 961. 50/ service; Back9 Marketing: $ 700. 00/ service; Badger Meter Inc: $ 2768. 79/ service; Baxter Ford of Papillion: $ 644. 20/ parts; Benjamin Selph: $ 209. 10/ refund; Bishop Business Equipment Co: $ 7. 50/ supplies; Black Hills Energy: $ 41. 68/ natural gas; Blackburn Mfg Co: $ 209. 47/ supplies; Bomgaars: $ 299. 99/ supplies; Bound Tree Medical LLC: $ 2745. 04/ supplies; Brandon Choquette: 150. 00/ refund; Brightly Software Inc: $ 11766. 24/ service; Callaway Golf: $ 1649. 76/ merchandise; Carter Keys: $ 73. 25/ reimbursement; Caselle Inc: $ 1909. 00/ service; Cash- Wa Distributing: 1645. 46/ merchandise; Cengage Learning Inc / Gale: $ 198. 20/ books; Centennial Enterprises Inc: $ 2700. 00/ books; Center Point Large Print: $ 2344. 32/ books; Central States Group: 1029. 04/ supplies; Chem- Sult Inc: $ 19623. 32/ supplies; Cheryl L Jerrad: $ 30. 00/ services; Cintas Loc 749: $ 143. 20/ service; City of Papillion Recreation Department: $ 125. 00/ service; Coca- Cola of Omaha: $ 1429. 22/ merchandise; Commercial Recreation Specialists: $ 2028. 60/ supplies; CompChoice: $ 1450. 11/ medical service; Constellation NewEnergy Gas Division: $ 27. 95/ utilities; Cornhusker Auto Wash Inc: $ 100. 00/ service; Cornhusker International Trucks Inc: 240. 24/ supplies; Cox Business: $ 13315. 86/ utilities; Craig Gage: $ 600. 00/ reimbursement; Creative Product Sourcing Inc - DARE: $ 426. 10/ supplies; Credit Information Systems: 25. 50/ service; Crye Precision LLC: $ 5259. 42/ supplies; Culligan of Omaha: $ 92. 15/ supplies; D K Products: $ 7404. 73/ supplies; Danielson / Tech Supply: $ 1696. 78/ supplies; Darden- Gloeb- Reeder Inc: $ 490. 00/ service; Daugherty Lawn and Landscape LLC: $ 1405. 00/ service; Dexter Pump Service LLC: $ 6808. 25/ service; Double K Feed Inc: $ 1797. 00/ supplies; Duke Aerial Equipment Inc: $- 344. 89/ rental; Dylan M Fuchs: $ 945. 00/ reimbursement; Eakes Office Solutions: 837. 77/ supplies; Easy Picker Golf Products Inc: $ 4527. 52/ merchandise; Echo Group Inc: 144. 75/ supplies; Elevate Roofing: $ 1433. 00/ service; FAC Print & Promo Company: 3663. 51/ supplies; Feld Fire: $ 2275. 00/ supplies; Fikes Commercial Hygiene LLC: 56. 00/ service; Fish Window Cleaning: $ 1846. 00/ service; GCSAA: $ 115. 00/ organization; Gear For Sports Inc: $ 1003. 54/ advertising; Gerst Painting: $ 49502. 00/ service; Getzchman Heating LLC: $ 53. 19/ refund; Grace Larsen: $ 45. 72/ reimbursement; Grainger Inc: $ 50. 84/ supplies; Great Plains Uniforms LLC: $ 1154. 98/ service; Gretna Welding Inc: $ 289. 00/ service; Haney Shoe Store Inc: $ 746. 97/ supplies; Harm' s Concrete: $ 10429. 05/ goods; Hawkins Inc: $ 7116. 34/ supplies; Hayes Mechanical LLC: $ 1539. 62/ service; Heartland Pest Control Inc: $ 533. 00/ service; Heartland Tires & Treads - Omaha: $ 373. 10/ supplies; Heather G Huddleston: $ 30. 00/ services; Helm Mechanical / Helm Service: $ 465. 00/ service; hibu Inc - West: $ 53. 53/ service; Honeyman Rent- All: $ 30. 66/ supplies; Hubbell Homes: $ 599. 45/ refund; Hughes Tree Service: 400. 00/ service; Huntington National Bank: $ 4949. 81/ service; Hydro Optimization & Auto Solutions: $ 5167. 20/ service; Hy- Vee: $ 430. 11/ supplies; Ideal Pure Water: $ 16. 00/ supplies; InfoSafe Shredding Inc: $ 30. 00/ service; Invoice Cloud Inc: $ 11301. 64/ service; Jack Miller: 300. 00/ LOSAP; Jacob Davis: $ 45. 87/ reimbursement; Jaelynn M Bremer: 37. 80/ reimbursement; JEO Consulting Group Inc: $ 3943. 75/ services; . Jessica Hubbard: 57. 64/ reimbursement; Jessica Moore: $ 303. 80/ reimbursement; Jessica Roth: $ 49. 30/ refund; John Schendt: $ 300. 00/ LOSAP; Johnson Brothers of Nebraska: $ 4139. 36/ supplies; Joshua Roorda: $ 155. 50/ reimbursement; JP Cooke Company: $ 45. 70/ supplies; K Electric Company Inc: 2285. 62/ service; Kanopy Inc: $ 467. 00/ service; Kathy Murray- Andersen: $ 78. 60/ reimbursement; Katie Chipman: $ 45. 72/ reimbursement; Kendall Martin: $ 2700. 00/ services; KONE Inc: 1560. 00/ services; Kriha Fluid Power Co Inc: $ 556. 09/ supplies; Kristen Chipman: 45. 72/ reimbursement; Kronos SaaShr Inc: $ 8708. 15/ payroll; Lands' End Business Outfitters: 2 September 19, 2023  288. 06/ supplies; Lang Diesel Inc: $ 16666. 65/ supplies; Larsen Supply Company: 45. 36/ supplies; Lawson Products Inc: $ 20. 20/ supplies; Ideas LLC: $ 556. 82/ supplies; Library Lincoln Winwater Works Co: $ 1426. 36/ supplies; Linda Williams: $ 30. 00/ services; Live Audio Pro: 200. 00/ services; Lowe' s: 1366. 62/ supplies; Electric: $ 4122. 29/ service; $ Malloy Marco Technologies LLC NW 7128: $ 748. 57/ contract; Mark Stursma: $ 442. 42/ reimbursement; Martin Asphalt: $ 308. 00/ supplies; Matheson Tri- Gas Inc: $ 1025. 27/ supplies; Menards - Bellevue: 106. 68/ supplies; Michael Todd Industrial Supply: $ 1445. 70/ supplies; Michaela Sherman: 1155. 75/ service; Midlands Community Foundation: $ 600.00/ organization; Midlands Printing & Business Forms: $ 837. 27/ supplies; Midwest Concrete Coatings LLC: $ 1700. 00/ service; Midwest Laboratories Inc: $ 880. 00/ service; Midwest Petroleum Equipment: $ 7903. 13/ service; Midwest Tape: $ 511. 53/ audio; Midwest Turf& Irrigation: $ 7015. 75/ supplies; Miller& Sons Golf Cars LLC: 210. 87/ parts; Monarch Lawn & Landscape: $ 825. 00/service; Municipal Supply Inc of Omaha: 1359. 16/ supplies; Nancy Hypse: $ 260. 66/ reimbursement; Napa Auto Parts: $ 327. 98/ supplies; National Safety Council Nebraska: $ 1440. 00/ training; NE Dept of Motor Vehicles: $ 16. 40/ service; NE Dept of Revenue: $ 111253. 51/ government; NE Dept of Roads c/ o Controller Div: 14885. 00/ service; NE DOL/ Boiler Inspection Program: $ 180. 00/ service; Nebraska Air Filter Inc: 133. 92/ supplies; Nebraska Golf Association: $ 148. 00/ membership; Nebraska Library Commission: $ 2288. 62/ dues; Nebraska Softball Association: $ 1751. 39/ services; Nebraska- Iowa Industrial Fasteners Corp: $ 59. 52/ supplies; NMC Inc: $ 1364. 05/ supplies; North American Rescue LLC: $ 1566. 80/ supplies; Northern Tool & Equipment: $ 635. 38/ goods; ODP Business Solutions: 2538. 34/ supplies; Omaha Childrens Museum: $ 416.66/service; Omaha Compound Company: 3803. 00/ supplies; Omaha Public Power District: $ 161580. 60/ electricity; Omaha Winnelson Company: $ 249. 42/ supplies; Omaha World- Herald: $ 1304. 99/ advertising; OMNI Engineering: 811. 30/ supplies; One Call Concepts Inc: $ 1147. 18/ service; One Source The Background Check Co: $ 387. 90/ service; O' Reilly Auto Parts: $ 53. 78/ supplies; OverDrive: $ 9721. 30/ audio; P& W Golf Supply LLC: $ 165. 42/ supplies; Papillion Sanitation: $ 3968. 16/ refuse; Papio Valley Nursery Inc: 462. 55/ landscaping; Personnel Evaluation Inc: $ 99. 00/ supplies; Pinnacle Bank: 1312. 00/ service; Pomp' s Tire Service Inc: $ 502. 04/ supplies; Prairie Mechanical Corporation: 2926. 00/ service; Premier Physician Services Inc: $ 15000. 00/ service; Premier- Midwest Beverage Co: $ 2511. 15/ merchandise; Prestige Flag: $ 2007. 99/ supplies; Quadient Finance USA Inc: $ 1206. 00/ service; Quality Brands of Omaha Inc: $ 5371. 19/ merchandise; Quill Corporation: 194. 63/ supplies; R& R Products Inc: $ 1217. 00/ service; Rainbow Glass & Supply Inc: 2726. 59/ service; RAKA: $ 477. 05/ supplies; RDG Planning & Design Inc: $ 4625. 00/ services; Regal Awards Inc: $ 15. 00/ service; Regal Printing Company: $ 117. 00/ supplies; Revela: 2159. 00/ supplies; Rich Higgins: $ 300. 00/ LOSAP; River City Recycling: $ 252. 00/ recycle; RNDC: 372. 18/ merchandise; Rotella' s Italian Bakery Inc: $ 387. 52/ supplies; Roth Enterprises Inc: 175. 00/ supplies; Russell L Zeeb: $ 300. 00/ LOSAP; Ryan Savage: $ 1108. 25/ reimbursement; Safariland LLC: $ 892. 55/ supplies; Sam' s Club - Golf: $ 4851. 55/ supplies; Sam' s Club - Rec: 102. 34/ supplies; Sandry Fire Supply LLC: $ 5222. 05/ supplies; Bros Sapp Inc - Omaha: 61288. 86/ fuel; Sarah Tinius: $ 62. 00/ reimbursement; Sarpy County& Cities Wastewater Agency: 211216. 61/ service; Sarpy County Court: $ 17. 00/ service; Sarpy County SID 97: 5551. 20/ service; Sarpy County Tourism: $ 2479. 21/ services; Sarpy County Treasurer: 38312. 37/ service; Security Equipment Inc: $ 2304. 00/ service; SHI International Corp: 4084. 24/ supplies; SID 292- North Shore: $ 520545.47/ reimbursement; SID 293- Ashbury Farm: 311960. 23/ reimbursement; SID 318 - The Reserve at Schram Point: $ 16717. 73/ ASIP fees; Signs Now: $ 221. 53/ service; Silex Group LLC: $ 140. 00/ supplies; Snap- on Industrial: 4960. 16/ supplies; Social Landscapes: $ 700. 00/ service; Sol Lewis Co: Engineering 705. 32/ service; Southern Glazer' s Wine & Spirits of NE: $ 2040. 26/ merchandise; Spin Linen Management: $ 360. 14/ supplies; Sprint: $ 50. 28/ utilities; SRIXON/ Cleveland Golf/XXIO: 1500. 00/ merchandise; Staples Inc: $ 47. 77/ supplies; Stick 1054. 00/ supplies; Stop Ltd: $ Streichers Inc: $ 7035. 00/ supplies; Sunset Law Enforcement Ltd: $ 11249. 60/ supplies; Symbiote 3 September 19, 2023 IT Solutions: $ 7734. 28/ service; Teresa' s Cleaning: $ 1400. 00/ service; The Lifeguard Store: 2787. 86/ supplies; The Sherwin- Williams Co: $ 425. 44/ supplies; The UPS Store - 5359: 17. 22/ service; Thomson Reuters - West Payment Center: $ 397. 55/ supplies; Tool Shed Of Omaha Inc: $ 1802. 21/ supplies; Toro NSN: $ 350. 00/ service; Trademark Homes: $ 84. 15/ refund; TransUnion Risk and Alternative: $ 117. 30/ service; Triple Play Turf Inc: $ 770. 00/ service; Tri- V Tool & Mfg Co: $ 375. 00/ supplies; TruGreen Commercial: $ 3232. 37/ service; TSI Incorporated: 2390. 02/ service; Tumbleweed Press Inc: $ 799. 00/ visuals; Turfwerks: $ 735. 84/ supplies; TX Papillion LLC: $ 836. 00/ service; Tyler Cole: $ 33. 94/ reimbursement; Ty' s Outdoor Power & Service: $ 10418. 71/ supplies; Uline Inc: $ 98. 90/ supplies; Urban Roots Inc: Nursery 2990. 00/ supplies; US Bank Corporate Payment Systems: $ 46670. 73/ service; US Foods Inc: 2149. 98/ supplies; USABlueBook: $ 4344. 99/ supplies; Vanguard ID Systems: $ 1191. 45/ supplies; Verizon Wireless: $ 3839. 22/ utilities; Vierregger Electric Company Inc: $ 531. 00/ service; Voss Signs LLC: $ 250. 00/ supplies; Walkers Inc dba Max I Walker: $ 263. 30/ service; Wells Fargo Financial Leasing: $ 132. 00/ service; Western Sand & Gravel Co: $ 2600. 19/ supplies; Westlake Ace Hardware: $ 14. 95/ merchandise; Wex Health Inc: $ 371. 00/ medical; White Cap LP: 6244. 00/ supplies; Woodhouse Parts Direct: $ 905. 42/ service; Zimco Co: Supply 295. 63/ supplies; Zoll: $ 553. 42/ supplies; Payroll: $ 1, 060, 885. 13; Bank Transaction Fees: 33, 326. 65; Totals: $ 3, 142, 716. 61. ORDINANCES FIRST READING: ORD. 2005 - An ordinance to amend § 205- 262 ( Maximum Permitted Sign Area) of Article XXXVII ( Signs) of Chapter 205 Zoning Regulations having to do with the Maximum Permitted Sign Area in the CBD ( Central Business District). The applicant is the City of Papillion. ( CBD District Sign Budget) - Travis Gibbons - 597- 2077. Introduced by Councilmember Kluch. ORD. 2009- An ordinance to redefine ward boundaries due to annexation - Mark Stursma 827- 1778. Introduced by Councilmember Sunde. ORD. 2010 - An ordinance to approve a change of zone from AG ( Agricultural) to LI Limited Industrial) for the property legally described as Tax Lot 3A1B1 and Tax Lot 3A1B2 located in Section 2, T13N, R11E of the 6th P. M., Sarpy County, NE, generally located on the NE corner of S 156th St and Capehart Rd. The applicant is Prairie Tower Business Park, LLC. ( R & R Commerce Park South Two) - Travis Gibbons - 597- 2077. Introduced by Councilmember Stubbe. ORD. 2011 - An ordinance to approve a Change of Zone from LI ( Limited Industrial) to LI/ PUD- 2 ( Limited Industrial with a Specific Planned Unit Development Overlay) for the property legally described as Lots 1 and 2, Commerce Business Centre Replat Eight, generally located at 15350 Shepard St. The applicant is 88 Tactical. ( 88 Tactical) - Travis Gibbons- 597- 2077. Introduced by Councilmember Gaines. ORD. 2012 - An ordinance to authorize the operation of golf cars on city streets - Submitted by Councilmember Tom Mumqaard, Staff Report by Amber Powers - 827- 1111. Introduced by Councilmember Fanslau. ORDINANCES SECOND READING AND PUBLIC HEARING: ORD. 2008 - An ordinance to amend Papillion Municipal Code § 150- 3 and to repeal § 166- 2 and § 166- 11 to clearly address permitted obstructions within right- of- way - Michael Kleffner - 597- 2043. Mayor Black opened the public hearing and called for proponents and opponents. No one came forward and the public hearing was closed. 4 September 19, 2023 ORDINANCES THIRD READING AND RESOLUTIONS: RES. R23- 0136— PUBLIC HEARING AND VOTE— A resolution to approve a Comprehensive Plan Amendment to update the Growth Management Plan ( GMP) Implementing Policies and Procedures as adopted and approved by the Sarpy County and Cities Wastewater Agency. The applicant is the City of Papillion. ( Growth Management Plan — Implementing Policies and Procedures) — 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 approve RES. R23- 0136 by Councilmember Stubbe, second by Councilmember Fanslau. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. RES. R23- 0142 — A resolution to approve an amendment to the Master Fee Schedule pertaining to capital facilities charges, water hydrants, liquor license publication fees, and various recreation use fees— Nicole Brown— 597- 2021. Motion to approve RES. R23- 0142 by Councilmember Sunde, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. RES. R23- 0151 — PUBLIC HEARING AND VOTE— A resolution to approve setting the 2023- 2024 property tax request— 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. Motion to approve RES. by Councilmember Engberg, second R23- 0151 by Councilmember Gaines. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. ORD. 2004— An ordinance to approve the FY2023- 2024 Budget— Nancy Hypse— 597- 2020. Motion to approve ORD. 2004 by Councilmember Stubbe, second by Councilmember Engberg. Mayor Black briefly explained the proposed motions to amend and their necessity. Motion to approve an amendment proposed by staff as outlined on pages 27- 28 of the packet by Councilmember Engberg, second by Councilmember Glover. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. Motion to the 1% approve increase to the LID ( restricted funds authority) by Councilmember Engberg, second by Councilmember Fanslau. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. Councilmember Kluch made a motion to amend ORD. 2004 to remove/ delete designation of funds from the 2023- 2024 Capital Improvement Lid Exemptions for Harrison St Span Structure in the amount of$ 750, 000, and to reallocate those funds to the Pavement Management fund until such time as a traffic impact study for the Highway 370 Mixed Use Development is conducted upon issuance of 75% of the necessary Certificates of Occupancy for the Development, to determine what type of pedestrian access or road extension, if any, is warranted for Harrison St; second by Councilmember Sunde. Councilmember Kluch explained the reasoning for her request and asked if she could call a resident to the podium. 5 September 19, 2023 Mike Erdman, 926 S Madison St, explained that he and some residents have concerns with safety and impact on traffic on Harrison St. Councilmember Kluch stated that she thinks the City needs to wait and see how this development develops before considering the Harrison St project. Councilmember Engberg stated that the Council had already approved three separate items related to this connection, including the Subdivision Agreement which was approved on May 17, 2022, and includes various triggers prior to construction of the connection. He noted that Councilmember Kluch' s amendment adds new triggers and that he does not think the budget process can be used to add new triggers into a previously approved agreement. Councilmember Engberg listed the current triggers in place in the Subdivision Agreement and suggested adding the Harrison Street project to the One Year Road Plan or the Six Year Road Plan. Councilmember Sunde stated that many people did not understand that this project was approved and that he thinks it would be best to wait and study the area first before beginning the Harrison St project. Councilmember Stubbe agreed with Councilmember Engberg and explained that this is just putting money in the budget for this project and does not actually authorize anything to happen. Councilmember Stubbe asked Mr. Gibbons to explain the process that would have to take place before any money could be spent on this project. Mr. Gibbons briefly explained the process and an estimate of how long each step could take. Councilmember Stubbe stated that there are multiple steps that would have to take place before construction could begin and that he thinks connectivity is important, so he does not plan to support this amendment. Councilmember Gaines stated that he does not think putting the money in the budget today is necessary and that the Subdivision Agreement can be amended with different triggers. He added that he plans to support this amendment. Councilmember Fanslau explained that he reviewed the recordings from the meetings where items related to this development were approved ( since he was not yet on the Council) and heard varying timeframes regarding the Harrison St project. He stated that he has worked with many engineers and has been told that sometimes having more access points near schools does help with school traffic and can make it safer, and as such will continue to advocate for funding for connectivity at Harrison St. Councilmember Kluch stated that she thinks it is important to at least attempt to do what the citizens are requesting and explained that she was told that in the first designs for this development, the Harrison St was not included. Mayor Black clarified that the final version of the plat, which includes the Harrison St connection, was drafted after the developer had open meetings where the public was invited. That document is also available on the City website. Councilmember Gaines stated that he would like to make a substitute motion to amend ORD. 2004 to remove/ delete designation of funds from the 2023- 2024 Capital Improvement Lid Exemptions for Harrison Street Span Structure in the amount of$ 750, 000, and to reallocate those funds to the Pavement Management fund to be used for the UBAS program, with no triggers; second by Councilmember Sunde. Councilmember Gaines stated that Councilmember Engberg may be correct regarding the proper way to renegotiate the Subdivision Agreement and that he would be in support of doing so. Upon roll call vote on the substitute motion to amend, Sunde, Gaines, and Kluch voted yes. Voting no: Glover, Fanslau, Stubbe, and Engberg. Absent: Mumgaard. Motion failed. Mayor Black explained 6 September 19, 2023 that with the failed substitute motion, Councilmember Kluch' s motion to amend is no longer on the floor and called for any further amendments or discussion. Councilmember Gaines asked if funding for the Harrison St could be moved to a reserve fund. Mayor Black stated that the substitute motion would have moved those funds to the UBAS program. Councilmember Gaines asked if that is a reserved fund. Mayor Black stated it is not. Councilmember Gaines asked if he could make a motion to amend ORD. 2004 to remove the 750, 000 from the budget and put it in a reserve fund or reserve it for this expenditure in the future. Mayor Black explained that the State requires that funding be allocated to a project. Councilmember Gaines made a motion to amend ORD. 2004 to remove/ delete designation of funds from the 2023- 2024 Capital Improvement Lid Exemptions for Harrison Street Span Structure in the amount of$ 750, 000, and to reallocate those funds to the Pavement Management fund to be used for the UBAS program and add a requirement that the UBAS contract must be approved by Council before spending is authorized; second by Councilmember Sunde. Councilmember Stubbe stated that the money for the Harrison St project as currently listed in the budget is a placeholder and does not authorize spending until a contract for the project comes back to Council for consideration. Councilmember Gaines disagreed and stated that the way the Subdivision Agreement was written would provide authorization to begin construction without coming back to Council. Mayor Black briefly explained the steps that would need to be completed before construction could begin. Councilmember Gaines stated that he would like to see this money pulled from this project to allow for additional contract negotiations if desired. Councilmember Glover stated that he is concerned that removing funding in this year' s budget will lead to the same discussion next year with no progress and explained that he thinks it would be simplest to keep the funds where they are. Councilmember Sunde agreed with Councilmember Gaines and stated that he does not think this project has to be in this year' s budget. Upon roll call vote on the motion to amend, Sunde, Gaines, Glover, and Kluch voted yes. Voting no: Fanslau, Stubbe, and Engberg. Absent: Mumgaard. Motion failed. Mayor Black explained that a majority must be of the entire Council, not just of those present. Ms. Rutter confirmed Mayor Black' s statement. Councilmember Sunde asked Mayor Black to cast a vote to reach a majority of the body. Mayor Black stated that as a general practice he does not vote. Councilmember Engberg stated that he would like to make a motion to amend Section 2 of ORD. 2004 to remove the emergency designation, with Section 2 to read as follows: " Section 2. Effective Date. This Ordinance shall be in full force and effect fifteen ( 15) days after its passage;" second by Councilmember Stubbe. Upon roll call vote on the motion to amend, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. Upon roll call vote on the motion to approve ORD 2004 as amended, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: Sunde. Absent: Mumgaard. Motion passed. RES. R23- 0152— A resolution to approve a filing extension until December 29, 2023, for the Seventy Two Place ( Phase 2) Final 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& Schram Rd. 7 September 19, 2023 The applicant is Papio Park, LLC. ( Seventy Two Place — Phase 2) — Travis Gibbons — 597- 2077. Motion to approve RES. R23- 0152 by Councilmember Fanslau, second by Councilmember Glover. Mayor Black called for proponents and opponents. Proponent: Larry Jobeun, 11440 W Center Rd, # C, Omaha, came forward on behalf of the applicant. Opponents: None. Councilmember Kluch stated that she would be supporting this extension and noticed that this project has been extended multiple times. She stated that she thinks there needs to be a limit to the number of extensions allowed and possibly a fee charged to file an extension. Mr. Gibbons briefly explained the current extension filing process and associated fee. Councilmember Sunde stated that after looking at the reasoning provided for this request, he believes the City should pay close attention to this development and future developments. Mr. Jobeun explained the reasoning for the extension request. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. ORD. 2006 — An ordinance to amend Papillion Municipal Code Chapter 69 regarding salaries — Carrie Svendsen — 916- 9645. Motion to approve ORD. 2006 by Councilmember Kluch, second by Councilmember Engberg. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. ORD. 2007 — An ordinance to establish the 2023/ 2024 salary ranges for management and exempt positions — Carrie Svendsen — 916- 9645. Motion to ORD. approve 2007 by Councilmember Stubbe, second by Councilmember Glover. Councilmember Engberg made a motion to amend ORD. 2007 to remove the emergency clause, second by Councilmember Glover. Upon roll call vote, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: Sunde. Absent: Mumgaard. Motion passed. Mayor Black explained that staff is requesting a motion to amend to add Community Development Coordinator and Utility Services Manager to Band C Subgrade 4, as they are new positions that were proposed in the FY2023/ 2024 budget and were inadvertently left out of the ordinance at introduction. Motion to amend by Councilmember Kluch, second by Councilmember Fanslau. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. Upon roll call vote on the original motion to approve as amended, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. RES. R23- 0153 — A resolution to approve an agreement with Hawkins Construction for construction of restrooms and a parking lot at the Vietnam Veterans Memorial site — Michael Kleffner — 597- 2043. Motion to approve RES. R23- 0153 by Councilmember Engberg, second by Councilmember Stubbe. Mayor Black called for proponents and opponents. None 8 September 19, 2023 came forward. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. ADMINISTRATIVE REPORTS: Committee Reports: None. Comments from the Floor: Lynne Faulkner, Vice President of PRO, expressed concern with children getting hurt during soccer practices while playing on the fields next to Papio Bay. Mr. Faulkner stated that he would like to see the practices moved to different fields. Councilmember Sunde clarified that PRO was presented with an MOU that specified who would maintain fields but that they had declined to sign. Mayor Black explained that Mr. Faulkner, Councilmember Sunde, and staff could meet after the City Council Meeting to discuss this further, since it was not a published agenda item. Dick Creek, 1207 Rogers Dr, explained that he is concerned with people running red lights. Mr. Creek explained that he lost his grandson in a car accident because someone ran a red light and would like the City to look into a possible solution. Lu Ann Kluch, Titan Marching Band, invited those present to attend the band competition that will be at Foundation Field on September 23ra Comments from Mayor and Council: Mayor Black his events: ( 1) provided an update on Mayor Black and staff attend the Ribbon Cutting for All Seasons Medicine; ( Family 2) Mayor Black participated in the Sarpy Leadership Tour; (3) Mayor Black and staff attended the Sheltering Tree Gala; (4) Mayor Black and staff attended the Nation of Patriots Return Ceremony and Celebration; 5) Mayor Black and staff attended the Immigration Naturalization Ceremony hosted by the Papillion Area Historical Society; ( 6) Mayor Black and staff attended the United Cities Meeting; 7) Mayor Black and staff attended the Groundbreaking Ceremony for Founder' s Ridge Senior Living Apartments. Councilmember Gaines stated that he would like to ask on the record for research to be conducted regarding the rules for a majority during voting. Mayor Black stated that staff will research this request. ADJOURNMENT: Motion to adjourn by Councilmember Glover, second by Councilmember Gaines. Upon roll call vote, Sunde, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Absent: Mumgaard. Motion passed. Meeting adjourned at 8: 34 PM. CITY OF PAPILLION DAB BLACK, MAYOR ATTEST: 9 September 19, 2023 NICOLE BROWN, CITY CLERK cg k F SEAL 10 September 19, 2023