City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, OCTOBER 3, 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 October 3, 2023, at 7: 00 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard, Jason Gaines, Jim Glover, David Fanslau, Lu Ann Kluch, Bob Stubbe, and Mayor David P. Black. Councilmember Steve Engberg was absent. Also present were 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. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the. September 19, 2023,City Council Meeting; ( 3) RES. R23- 0157 — A resolution to approve claims as presented — Nancy Hypse — 597- 2020; ( 4) RES. R23- 0158 A resolution to approve a Local Public Agency ( LPA) Program Agreement with the d Nebraska Department of Transportation for E 6th St between 72" St and 84th St— Michael Kleffner — 597- 2043; ( 5) RES. R23- 0159 — A resolution to approve a Memorandum of Understanding with Sarpy County for a cooperative relationship regarding outdoor warning sirens— Michael Kleffner— 597- 2043; ( 6) RES. R23- 0160 — A resolution to approve an Interlocal Cooperation Agreement with Sarpy County for Outdoor Warning Siren Improvements — Michael Kleffner— 597- 2043; ( 7) RES. R23- 0161 — A resolution to approve an Extension to Listing Agreement with NP Dodge for property in the Papillion Business & Technology Park— Amber Powers— 827- 1111; ( 8) RES. R23- 0166— A resolution to approve a Memorandum of Understanding with Swan Realty Group, LLC related to public improvements located at the Second Street Plaza — Amber Powers — 827- 1111. Motion to approve the Consent Agenda by Councilmember Gaines, second by Councilmember Sunde. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, and Stubbe all voted yes. Voting no: none. Absent: Engberg. Motion passed. BILLS: Acushnet Company: $ 258. 39/ merchandise; Adam Boehmer: $ 1014. 74/ reimbursement; Advanced Office Automation Inc: $ 350. 49/ service; All Copy Products Inc: $ 42. 54/ supplies; All Makes: $ 895. 83/ supplies; American Red Cross Training Services: $ 420. 00/ training; Anthony Gowan: $ 3000. 00/ reimbursement; Aramark: $ 681. 16/ service; Arcoro Holdings Corp: 5. 50/ service; ASP Enterprises Inc: $ 40. 00/ supplies; Associated Fire Protection: 1 October 3, 2023  155. 00/ service; Baker& Taylor: $ 2621. 26/ books; Bauer Built Tire: $ Papillion: $ 343. 80/ parts; Bennington 807. 50/ parts; Baxter Ford of Suburban Fire District 7: $ Accessories: $ 490. 00/ parts; Black Hills 3762. 00/ supplies; Big Rig Truck Energy: $ 197. 54/ supplies; Bluebird Nursery Inc: $ 4580.37/natural gas; Blackstone Publishing: 331. 26/ supplies; Bound Tree Medical 66. 30/ supplies; Bound to Stay Bound Books Inc: LLC: $ 58. 58/ supplies; 6281. 75/ supplies; Cash- Wa Brite Ideas Decorating Inc: Distributing: $ 394. 53/ merchandise; CDW Government Inc: 25387. 77/ supplies; Center for Internet Security Inc: $ 927. 17/ service; 143. 20/ service; of Cintas Loc 749: City La Vista: $ 2293. 54/ agreement; CivicPlus Inc: $ 22850. 02/ service; Clearview Country Club for Pets: $ 167. 80/ service; Coca- Cola of Omaha: $ Commercial Recreation Specialists: $ 1206. 2121. 90/ merchandise; 00/ supplies; CompChoice: $ Conner Psychological Services PC: $ 850. 00/ service; 736. 33/ medical service; 108. 61/ supplies; Conney Safety Products LLC: Constellation NewEnergy Gas Division: $ 20. 96/ utilities; Cornhusker International Trucks Inc: $ 3424. 19/ supplies; Cox Business: $ 1689. 57/ utilities; Creighton University EMS Education: $ 8850. 00/ training; Cummins Central Power: $ Appeal Landscape Curbing LLC: $ 1088. 00/ 770. 00/ supplies; Curb service; D& K Products: $ 762. 00/ supplies; Dell Marketing LP: $ 42190. 00/ equipment; Derek Goff: $ 33. 30/ refund; Diamond Vogel: 304. 10/ supplies; Doug Kelley Concrete Construction LLC: $ LLC: $ 38. 65/ supplies; DXP 3150. 00/service; Dultmeier Sales Enterprises Inc: $ 409. 45/ supplies; 145. 07/ supplies; Eakes Office Solutions: FAC Print & Promo Company: 3676. 01/ $ supplies; FastSigns: 125. 44/ supplies; Felsburg Holt & Ullevig: $ 19460. 45/ service; Ferguson Enterprises Inc: 551. 11/ supplies; Fish Window Cleaning: $ 2179. 00/ service; Frank Matyja: 2000. 00/ reimbursement; Full Source LLC: $ 166. 19/ supplies; Gear For Sports Inc: 866. 30/ advertising; Grayshift LLC: $ 1188. 10/ services; Great 30795. 00/ service; Great Plains Contractor Services LLC: Plains Uniforms LLC: $ 1588. 95/ service; GT Distributors Inc: 450. 50/ supplies; Olson: $ 34. 95/ reimbursement; Harm' s Hailey Concrete: $ 8144. 89/ goods; Hawkins Inc: $ 7126. 34/ supplies; Healthy Blue: $ 8. 35/ refund; Heartland Tires & Treads- Omaha: 2523. 72/ supplies; Helm Mechanical / Helm Service: $ 944. 00/ service; Hi- Line Inc: 156. 90/ supplies; Home Depot Credit Services: $ 186. 99/ supplies; Host Coffee Service: 132. 85/ supplies; Hy- Vee: $ 449. 76/ supplies; lnotek LLC: $ 8000. 00/ supplies; Jacob Davis: 3000. 00/ reimbursement; James Keane: $ 577. 05/ refund; JEO 13900. 00/ services; Consulting Group Inc: Jeremy Orr: $ 1779. 66/ reimbursement; Johnson Brothers of Nebraska: 2672. 60/ supplies; Jones Automotive Inc: $ 3120. 10/ supplies; Joseph LaPuzza: 1105. 25/ reimbursement; JP Cooke Company: $ 61. 60/ supplies; 2235. 00/ service; Kapco: $ 216. 48/ supplies; K Electric Company Inc: Kissel Kohout ES Associates LLC: 10500. 91/ consulting; Koley Jessen PC LLO: $ 444. 50/ legal; Kronos SaaShr Inc: 8374. 27/ payroll; Larsen Supply Company: $ 633. 04/supplies; Lawlor's Custom Sportswear: 522. 00/ supplies; Lawrence Plumbing: $ 4380. 92/ service; Lewis Implement 1026. 08/ supplies; Lifeguard MD Inc: $ 201. 00/ supplies; Company: Lincoln Winwater Works Co: 2044. 44/ supplies; Linde Gas & Equipment: $ 63. 11/ supplies; Logo Logix 214. 00/ service; Marco Technologies Embroidery & Screen: LLC NW 7128: $ 201. 07/ contract; 516. 00/ supplies; Martin Asphalt: McKay Landscape Lighting Inc: $ 125. 00/ service; Menards - Bellevue: 24. 34/ supplies; Menards - Ralston: $ 94. 91/ supplies; 9624. 43/ supplies; Metering & Technology Solutions: Metropolitan Utilities District: $ 460. 17/ utilities; Mia Pearson: 92. 80/ reimbursement; Michael Todd Industrial Supply: $ Business Forms: $ 115. 00/ supplies; Midwest Turf & 2697. 15/ supplies; Midlands Printing & Irrigation: $ 3260. 90/ supplies; Miller & Sons Golf Cars LLC: $ 843. 48/ parts; MNJ Technologies Direct Inc: $ 125. 00/ service; Municipal 928. 00/ supplies; Mobility Motoring: Supply Inc of Omaha: $ 1302. 97/ supplies; Napa Auto Parts: 528. 10/ supplies; National Safety Council: $ 499.00/ membership; NE Public Health Environ Laboratory: $ 1158. 00/ service; Nebraska Law Enforcement: $ Industrial Fasteners 160. 00/training; Nebraska- Iowa Corp: $ 1321. 04/ supplies; Neels Trailer Outlet Inc: $ 4995. 00/ merchandise; Newman Signs Inc: $ 816. 51/ supplies; NewsBank Inc: $ 4798. 00/ service; Nicholas Gunia: 2 October 3, 2023  2000. 00/ reimbursement; NMC Inc: $ 1689. 60/ supplies; 4140. 76/ services; Official Enterprise LLC: O' Flaherty Services Inc: $ 4966. 47/ supplies; Omaha Electric 135.00/service; Omaha Compound Company: Service: $ 101. 45/ service; 180. 01/ supplies; Omaha Slings Inc: OMNI Engineering: $ 2186. 90/ supplies; O' Reilly Auto Parts: $ Outdoor Revival LLC: $ 4946. 25/ services; 462. 60/ supplies; Overland Constructors Inc: $ 5000. 00/ refund; Papillion Community Foundation: $ 39338. 00/ organization; Papillion Sanitation: $ 238. 55/ refuse; Papio Valley Nursery Inc: $ 580. 00/ landscaping; Pomp' s Tire Service Inc: $ 3925.47/ supplies; Postmaster: $ 4300. 00/ service; Premier Physician Services Inc: $ Midwest Beverage Co: $ 4778. 27/ merchandise; 13750. 00/ service; Premier- Prestige Flag: $ 1007. 30/ supplies; Finance USA Inc: $ 250. 96/ service; Quadient Quality Brands of Omaha Inc: $ 6203. 94/ merchandise; RDG Planning & Design Inc: $ 2775. 00/ services; Resolution RNDC: $ 402. 00/ merchandise; Consulting LLC: $ 2400. 00/ services; Rose Ann L' Heureux: $ 133. 33/ reimbursement; Rotella' s Italian Bakery Inc: $ 465. 75/ supplies; Sapp Bros Inc - Omaha: $ 3715. 30/ fuel; 32298. 74/ service; Seiler Instrument & Sarpy County: Mfg Co Inc: $ 475. 00/ supplies; Sid Dillon Chevrolet: 95266. 00/ vehicle; Signs Now: $ 198. 00/ service; Southern Glazer' s Wine & Spirits of NE: 492. 00/ merchandise; Spin Linen Management: $ Papillion Inc: $ 2420. 00/ service; SRIXON/ 400. 33/ supplies; Spirit Football League of Cleveland Golf/ XXIO: $ 811. 80/ merchandise; Stacia Luther: $ 250. 00/ service; Standard Plumbing Service Inc: $ 130. 00/ service; Staples Inc: 119. 67/ supplies; Susan Wasson: $ 149. 73/ refund; Teleflex LLC: $ 1345. 50/ supplies; The UPS Store - 5359: $ 43. 57/ service; Thermo King Christensen: $ 57. 49/ supplies; Thryv Inc: 153. 51/ service; TJN Enterprises Inc: $ 225. 00/ service; Todd Dudas: $ 945. 00/ reimbursement; Uline Inc: $ 2611. 72/ supplies; Unite Private Networks LLC: $ 6500. 00/ service; Nebraska Medical Center: $ University of 124. 00/ service; Urban Roots Nursery Inc: $ 450. 00/ supplies; US Foods Inc: $ 1515. 95/ supplies; Van Wall Equipment: $ LLC: $ 545. 40/ service; Verizon 8. 22/ supplies; Verizon Connect Fleet USA Wireless: $ 2475. 50/ service; Walmart 767. 63/ utilities; Vierregger Electric Company Inc: Community/ Capital One: $ 330. 56/ supplies; Waystar Health: 164. 35/ service; Wells Fargo Financial Leasing: $ 1015. 00/ service; Westlake Ace Hardware: 58. 53/ merchandise; Yost Excavating Inc: $ 148306. 50/ services; Payroll: $ 1, 007, 363. 82; Total: 1, 747, 072. 28. ORDINANCES FIRST READING: None. ORDINANCES SECOND READING AND PUBLIC HEARING: ORD. 2005 - An ordinance to amend § XXXVII ( 205- 262 ( Maximum Permitted Sign Area) of Article 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. Mayor Black opened the public hearing and called for proponents and opponents. None came forward and the public hearing was closed. ORD. 2009- An ordinance to redefine ward boundaries due to annexation- Mark Stursma 827- 1778. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: None. Opponents: None. Neutral: Mike Erdman, 926 S Madison St, thanked Councilmembers Sunde and Kluch for their representation and noted that he will change wards if this ordinance passes. No one else came forward and the public hearing was closed. 3 October 3, 2023  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 cornerCommerce LLC. ( R & R of S 156th St and Capehart Rd. The applicant Park South Two)— Travis Gibbons— is Prairie Tower Business Park, 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Pat Sullivan, 1246 Golden Gate Dr, came forward on behalf of the applicant. Opponents: None. No one else came forward and the public hearing was closed. 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 generally described as Lots 1 and 2, Commerce Business Centre Replat Eight, located at 15350 Shepard St. The applicant is 88 Tactical. ( 88 Tactical) — Travis Gibbons — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. None came forward and the public hearing was closed. ORD. 2012 — Submitted An ordinance to authorize the operation of golf cars on city streets — by Councilmember Tom Mumgaard, Staff Report by Amber Powers— 827- 1111. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: Jean Bellamy, 611 N Madison St, explained how a golf car would be helpful to her neighbor who currently relies on assistance for transportation. Carol Snitily, 705 N Madison St, stated that being able to drive a golf car would provide independence for her and her husband. Theresa Brown, Ms. Snitily' s sister, stated that she is in favor of this ordinance. Phil Lordemann, 7538 Oakwood St, Ralston, stated that he lives in Ralston where there is currently a golf car ordinance and has not seen or heard of any issues. Mr. Lordemann stated that he thinks this ordinance would be most helpful to people like his sister, Ms. Snitily. Councilmember Mumgaard asked how many golf cars are seen driving around Ralston. Mr. Lordemann stated not many. Councilmember Mumgaard asked what type of conflicts are being experienced between cars and golf cars. Mr. Lordemann stated that there is not much conflict. Emails were submitted in support of ORD. 2012 from John Behounek, 1104 E Cary St, and Dale Anson, 6908 Beth Ave. Both are attached for the record. Opponents: None. Neutral: Mike Erdman, 926 S Madison St, expressed concern with the types of golf cars that would be allowed and asked whether they will be plated. Councilmember Mumgaard explained that a golf car is defined by State law and has limitations on weight, passengers, and speed. That State law is incorporated into ORD. 2012. Councilmember Mumgaard added that the golf cars would not be plated but they would go through a permit process through the City. Mr. Erdman asked if the registration fee would be a flat fee or if it would be based on the golf car' s age and value. 4 October 3, 2023  Councilmember Mumgaard stated that he believes it is a flat fee. Mr. Erdman asked if the registration fees would cover all the expenses related to administration of this program. Councilmember Mumgaard stated that there would not be additional expenses other than keeping record of the permits. Mr. Erdman asked how citations would be handled. Councilmember Mumgaard explained some of the restrictions listed within the ordinance and stated that tickets will be issued for violations. Mr. Erdman asked if the tickets would be similar to a traffic violation. Councilmember Mumgaard stated that staff would need to confirm that and get back to him. Mr. Erdman asked how the driving public would be educated regarding a new vehicle type on the road. Councilmember Mumgaard explained that he is already working with staff to provide this information and to make it available to the public. He added that this ordinance will be publicized like any other ordinance, if approved. Mr. Erdman asked if golf cars can be handicap permitted. Councilmember Mumgaard stated that is determined by State law. Mr. Erdman noted that golf cars will not be allowed in Shadow Lake Towne Center and asked if they would also be banned in the Tower District. Mayor Black explained that the Tower District is not currently within city limits so this ordinance would not apply in that area. No one else came forward and the public hearing was closed. ORDINANCES THIRD READING AND RESOLUTIONS: RES. R23- 0150— PUBLIC HEARING AND VOTE— Year Road Plan — Michael Kleffner — A resolution to approve the One- and- Six- 597- 2043. Mayor Black opened the public hearing and called for proponents and opponents. None came forward and the public hearing was closed. Motion to approve RES. R23- 0150 by Councilmember Stubbe, second by Councilmember Glover. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, and Stubbe all voted yes. Voting no: none. Absent: Engberg. Motion passed. RES. R23- 0155— PUBLIC HEARING AND VOTE— A resolution to approve a Preliminary Plat for the property legally described as Tax Lot 3A1 B1 and Tax Lot 3A1 B2 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. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Pat Sullivan, 1246 Golden Gate Dr, came forward on behalf of the applicant. Opponents: None. No one else came forward by Councilmember and the public hearing was closed. Motion to approve RES. R23- 0155 Fanslau, second by Councilmember Kluch. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, and Stubbe all voted yes. Voting no: none. Absent: Engberg. Motion passed. RES. R23- 0156 — PUBLIC HEARING AND VOTE — A resolution to approve a Large Project Special Use Permit 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 Park LLC. ( R & R Commerce St andSouth Capehart Rd. The applicant is Prairie Tower Business Park, Two)— Travis Gibbons— 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. None came forward and the public hearing was closed. 5 October 3, 2023  Motion to approve RES. R23- 0156 by Councilmember Glover, second by Councilmember Mumgaard. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, and Stubbe all voted yes. Voting no: none. Absent: Engberg. Motion passed. 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. Motion to approve ORD. 2008 by Councilmember Gaines, second by Councilmember Stubbe. Councilmember Sunde asked if the proposed changes are just for clarification purposes. Mr. Kleffner confirmed they are. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, and Stubbe all voted yes. Voting no: none. Absent: Engberg. Motion passed. ADMINISTRATIVE REPORTS: Committee Reports: None. Comments from the Floor: Students from Papillion- La Vista South High School introduced themselves. Frank Lute, 10227 Josephine St, La Vista, stated that he appreciates the golf car ordinance being considered. Comments from Mayor and Council: Mayor Black provided an update on his events: ( 1) Mayor Black attended the Sarpy County Chamber 2023 Economic Development Outlook Forum; ( 2) Mayor Black and staff attended the Garden Club' s Garden Party; ( 3) Mayor Black and staff attended the ribbon cutting for Pine and Black Bistro; ( 4) Mayor Black and staff attended the LONM Conference; ( 5) Mayor Black attended the United Cities Meeting. Mayor Blackat stated conference that the Nebraska Recreation and Parks Association held its annual Papillion Landing, and the Founders Ridge Senior Housing Facility held a groundbreaking ceremony. He then reminded those present of the following upcoming events: ( 1) the Nebraska Memorial Forest will be hostingOctober Prairie Queen Lake and Recreation Area a tree planting 17th; ( on project and planting 200 trees at 2) The Nebraska Vietnam Veterans Memorial Foundation has begun construction and is planning a formal ribbon cutting on June 6, 2024; ( 3) Fall Clean- Up Days will be October 16th- 22na ADJOURNMENT: Motion to adjourn by Councilmember Glover, second by Councilmember Gaines. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, and Stubbe all voted yes. Voting no: none. Absent: Engberg. Motion passed. Meeting adjourned at 7: 29 PM. CITY OF PAPILLION D ID P. BLACK, MAYOR ATTEST: pAPIL(/ O tJACIAJ AN NICOLE F•.• BROWN, CITY CLERK c. , q,L. 6 October 3, 2023 qYg 0:•. 10, From: John Behounek Sent: Tuesday, October 3, 2023 3: 27 PM To: David Fanslau < dfanslau@papillion. org> Subject: [ EXT] Re: [ EXT] Re: [ EXT] Re: Papillion City Council Agenda Hi David. I just wanted to send you a quick email to state my support for the golf cart proposal in the city ofPapillion. There are so many positives that can come from allowing golf carts to be driven in the city of Papillion. Many other cities have them as well. passing a city ordinance to allow golf carts would be a great step for Papillion. Thank you for your time. John Behounek Resident of Papillion, Ne  From: Dale Anson Sent: Wednesday, October 4, 2023 1: 22 PM To: City Clerk< CityClerk@papillion. org> Cc: Tom Mumgaard < tmumgaard@papillion. org> Subject: [ EXT] Support for the passing of Ordinance 2012 Golf Cars on City Streets City Clerk: Please forward this email to all City Council members in support of Ordinance 2012 - Golf Cars on City Streets. I' which m a residence is of Settler Creek( SID 272) located on the NE corner of 72nd street and Cornhusker currently outside the city limits of Papillion). However, it is assumed that one day Settlers Creek could be annex and thus impact me. I have an adult autistic son who is highly functional and has a Nebraska motor vehicle drivers license. However, since he has been involved in a few accidents over the years, we do not feel it is safe for him to drive on major highways and the fast traffic found on 72nd Street, 84th street, Hwy 370, Cornhusker road, etc. We no longer allow him to drive. But if Ordinance 2012 past and one day Settlers Creek was annex, it would give my son a new found freedom to travel on 25 MPH roads nearus. That is why I' m writing in support of Ordinance 2012 authorizing golf cars on city streets. Please consider my support. Thank You. Dale Anson 6908 Beth Ave Papillion, NE 68133