City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, DECEMBER 5, 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 December 5, 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, Steve Engberg, and Mayor David P. Black. Also present were City Administrator Amber Powers, Deputy City Administrator Mark Stursma, Finance Director Nancy Hypse, Recreation Director Tracy Stratman, Parks and Facilities Director Tony Gowan, Police Chief Chris Whitted, City Attorney Nicole Rutter, Planning Director Travis Gibbons, Fire Chief Robb Gottsch, Public Works Director Michael Kleffner, Human Resources Director Carrie Svendsen, Library Director Matt Kovar, and Communications Manager Trent Albers. Mayor Black and Scouts from Troops 319 and 461G 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, on November 22, 2023. 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 Police Officer Jacob Henion. ADMINISTRATOR' S REPORT: City Administrator Amber Powers provided an update: ( 1) Thank you to the Papillion Community Foundation and all City staff who assisted with Winter Wonderland; ( 2) Shadow Lake Towne Center held their annual Tree Lighting Ceremony on November 22; ( 3) Dan Hoins has been selected as the Sarpy County and Cities Wastewater Agency Administrator pending Agency Board approval; ( 4) Police Lieutenant interviews will be December 12 and 14; ( 5) There are numerous Santa Sightings taking place through the Recreation Department through December 21. CONSENT AGENDA ITEMS: ( 1) Approval of theas presented; ( 2) Approval of the agenda minutes from the November 21, 2023, City Council Meeting; ( 3) RES. R23- 0182 — A resolution to approve claims as presented— Nancy Hypse— 597- 2020; ( 4) RES. R23- 0183— A resolution to approve signing of the Year- End Certification of City Street Superintendent form — Michael Kleffner — 597- 2043; ( 5) RES. R23- 0184 — A resolution to approve the appointment of Michael Kleffner as the 2024 City Street Superintendent— Michael Kleffner 597- 2043; ( 6) RES. R23- 0189 — A resolution to award the Schwer Park Playground Renovation Project to Creative Sites of Omaha, NE in the amount of $ 221, 419 — Tony Gowan — 597- 2049; ( 7) RES. R23- 0190 — A resolution to approve Change Order # 1 for additional water line installation to the contract with Hawkins Construction for the Nebraska Vietnam Veterans Memorial — Tony Gowan — 597- 2049; ( 8) RES. R23- 0191 — A resolution to approve an Amendment to the Sarpy Douglas Law Enforcement Academy SDLEA) Interlocal to include the Metropolitan Community College Police Department — Chris Whitted — 597- 2035; ( 9) RES. R23- 0194 — A resolution to approve the renewal of 1 December 5, 2023  Maintenance Agreement No. 106 with NDOT- Michael Kleffner- 597- 2043; ( 10) RES. R23- 0195 - A resolution to approve a Service Agreement for Toxic Gas Detection System and In- Floor Heat Controls with Hayes Mechanical - Michael Kleffner - 597- 2043. Motion to approve Mayor the Consent Black called Agenda for by Councilmember and Glover, second by Councilmember Mumgaard. proponents opponents. None came forward. Councilmember Mumgaard requested that item C6. RES. R23- 0189 be pulled from the Consent Agenda. Mayor Black called for a vote to approve the Consent Agenda except for item C6. RES. R23-0189. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R23- 0189- A resolution to award the Schwer Park Playground Renovation Project to Creative Sites of Omaha, NE in the amount of $ 221, 419 - Tony Gowan - 597- 2049. Motion to approve RES. R23- 0189 by Councilmember Mumgaard, second by Councilmember Kluch. Mayor Black called for proponents and opponents. None came forward. Councilmember Mumgaard stated that he wanted to bring this forward to commend staff for getting this project to this point, as Schwer Park's renovation is much needed. Upon roll call vote, Sunde, Mumgaard, Gaines, passed. Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion BILLS: A and L Hydraulics Inc: $ 54. 40/ supplies; AA Wheel & Truck Supply Inc: $ 67. 12/ supplies; Abante Marketing: $ 430. 80/ service; Abdo Publishing: $ 507. 00/ supplies; Acushnet Company: 369. 09/ merchandise; Advanced Office Automation Inc: $ 5. 00/ service; AKRS Equipment Solutions Inc: $ 365. 51/ supplies; All Copy Products Inc: $ 181. 10/ supplies; Aqua- Chem Inc: 1222. 45/ supplies; Arcoro Holdings Corp: $ 5. 50/ service; A- Relief Services Inc: $ 2688. 00/ service; Autographix Inc: $ 450. 00/ services; Automotive Warehouse Distributors: $ 147. 78/ parts; Avery Rents: $ 305. 74/ rentals; B& W Co Inc: $ 51765. 00/ service; Baker& Taylor: $ 2302. 63/ books; Bauer Built Tire: $ 807. 50/ parts; Baxter Ford of Papillion: $ 752. 65/ parts; Beacon Athletics LLC: 1469. 00/ supplies; Betts Real Estate: $ 75. 00/ refund; Black Hills Energy: $ 9752. 20/ natural gas; Blackstone Publishing: $ 227. 97/ supplies; Blue Cross Blue Shield: $ 436719. 16/ insurance; Bobcat Of Omaha: $ 116965. 53/ supplies; BOK Financial: $ 700. 00/ services; Boot Barn Inc: 339. 69/ apparel; Border States Industries Inc: $ 1948. 04/ supplies; Bound Tree Medical LLC: 838. 96/ supplies; Callaway Golf: $ 4553. 88/ merchandise; Cat5 Commerce LLC: 205. 26/ supplies; Cellebrite Inc: $ 4200. 00/ training; Cengage Learning Inc / Gale: 2219. 32/ books; Chemtrade Chemicals Corporation: $ 10416. 36/ supplies; Christmas Done Bright Inc: $ 650. 00/ supplies; Cintas Loc 749: $ 75. 45/ service; CLIA Laboratory Program: 180. 00/ license; Cox Business: $ 2536. 73/ utilities; Credit Information Systems: $ 25. 50/ service; Custom Concrete Designs Inc: $ 15430. 80/ services; Dell Marketing LP: $ 30938. 44/ equipment; Depository Trust Company: $ 2711333. 75/ payment; Diesel Laptops LLC: $ 495. 00/ re- sale; DNB Electrical: $ 223. 30/ refund; Douglas County Sheriffs Office: $ 1450. 00/ service; Dultmeier Sales LLC: $ 372. 00/ supplies; Eakes Office Solutions: $ 134. 53/ supplies; Electrical Engineering and Equipment Co: $ 1434. 37/ supplies; Envirotech Services Inc: $ 6293. 00/ chemicals; ESO Solutions: 24519. 55/ service; FAC Print & Promo Company: $ 4391. 82/ supplies; Factory Motor Parts Co: 194. 79/ supplies; FastSigns: $ 14. 55/ supplies; Feld Fire: $ 2720. 00/ supplies; GCSAA: 240. 00/ organization; Gear For Sports Inc: $ 2382. 83/ advertising; GPS Technologies Inc: 1494. 00/ service; Grainger Inc: $ 96. 35/ supplies; Great Plains Contractor Services LLC: 117. 95/ services; Great Plains Uniforms LLC: $ 1062. 34/ service; Greenlife Gardens: 450. 00/ supplies; Harm' s Concrete: $ 1297. 98/ goods; Hawkins Inc: $ 20. 00/ supplies; HDR Engineering Inc: $ 171300. 60/ service; Heartland Pest Control Inc: $ 472. 00/ service; Heartland Tires & Treads- Omaha: $ 1333. 99/ supplies; Hilti Inc: $ 48. 82/ supplies; 211. 04/ supplies; Hobby Lobby Stores Inc: Home Depot Credit Services: $ 2720. 87/ supplies; Host Coffee Service: 219. 24/ supplies; Hughes Tree Service: $ 1895. 00/ service; Humanex Ventures LLC: 2 December 5, 2023  10600. 00/ services; Hydro Optimization & Auto Solutions: $ 406. 00/ service; 1097. 92/ supplies; Intelligent Hy-Vee: Buildings LLC: $ 225. 00/ service; Jaison 321. 80/ reimbursement; Gibbons: James Stiles: $ 1549. 99/ reimbursement; Jason Gaines: 639. 23/ reimbursement; JD Power: $ 156. 00/ supplies; JE Dunn Construction: $ 25. 00/ refund; Jones Automotive Inc: $ 19966. 38/ supplies; JP Cooke Company: $ 56. 85/ supplies; K Electric Company Inc: $ 5625. 54/ service; Katherine Mattern: $ 150. 00/ refund; 170. 00/ reimbursement; Kaylee Yelick: Kelly Warehime: $ 102. 44/ reimbursement; Kirby Markers LLC: 2407. 78/ reimbursement; Koley Jessen PC LLO: $ 609. 00/ legal; Kriha Fluid Power Co Inc: 17. 06/ supplies; Landport Systems Inc: $ 125. 00/ service; Lang Diesel Inc: $ 9200. 00/ supplies; Lawlor' s Custom Sportswear: $ 688. 00/ supplies; Lawrence Plumbing: $ 4372. 50/ service; Lawson Products Inc: $ 136. 42/ supplies; Lincoln Financial Group: $ 13072. 23/ insurance; Lincoln Winwater Works Co: $ 2268. 25/ supplies; Linde Gas & Equipment: $ 63. 11/ supplies; Lions Automotive Upholstery: $ 415. 00/ service; Logo Logix Embroidery & Screen: $ 134. 00/ service; Martin Marietta Materials: $ 451. 49/ supplies; MD Aquatics LLC: $ 45673. 00/ services; Menards - Bellevue: 626. 41/ supplies; Menards - Ralston: $ 405. 64/ supplies; Metering & Technology Solutions: 2456. 13/ supplies; Metropolitan Area Planning Agency: $ 2000. 00/ supplies; Metropolitan Community College: $ 2808. 00/ tuition; Metropolitan Utilities District: $ 227. 20/ utilities; Midwest Petroleum Equipment: $ 503. 29/ service; Midwest Tape: $ 97. 46/ audio; Midwest Turf& Irrigation: 838. 40/ supplies; Mower Doctor: $ 162. 00/ service; Municipal Supply Inc of Omaha: 722. 37/ supplies; Napa Auto Parts: $ 2013. 00/ service; Nebraska Title 133. 83/ supplies; NE Public Health Environ Laboratory: Company: $ 200. 00/ service; Nebraska- Iowa Industrial Fasteners Corp: $ 11. 39/ supplies; Newman Signs Inc: $ 1396. 81/ supplies; Nicholas Adams: 2000. 00/ reimbursement; NMC Inc: $ 83. 00/ supplies; Omaha Compound Company: 3585. 52/ supplies; Omaha Storm Chasers: $ 2260. 00/ sponsorship; Omaha World- Herald: 314. 39/ subscription; OMNI Engineering: $ 989. 90/ supplies; O' Reilly Auto Parts: 1420. 41/ supplies; Papillion Sanitation: $ 17374. 68/ refuse; Parker Victor: $ 18. 38/ reimbursement; Player' s Keno: $ 61761. 67/ advertising; Police Chiefs Association Of Nebraska: 150. 00/ membership; Prestige Flag: $ 929. 58/ supplies; Proveli: $ 361. 20/ supplies; Quadient Finance USA Inc: $ 221. 00/ service; RAKA: $ 3860. 08/ supplies; Regal Awards Inc: $ 45. 00/ service; RNDC: $ 232. 32/ merchandise; Robert Spomer: $ Sod Inc: $ 800. 00/ service; 894. 10/ reimbursement; Rollin Green Grading & Rose Equipment Inc: $ 1047. 27/ supplies; RS Metal LLC: 23. 05/ supplies; Ryan Savage: $ 218. 91/ reimbursement; Sandry Fire Supply LLC: 153. 50/ supplies; Sapp Bros Inc- Omaha: $ 32155. 80/ fuel; Sarah Tinius: $ 90. 91/ reimbursement; Sarpy County Court: $ 17. 00/ service; Security Equipment Inc: $ 1314. 00/ service; Snap- on Industrial: $ 38. 82/ supplies; Spin Linen Management: $ 339. 08/ supplies; Stacia Luther: 125. 00/ service; Staples Inc: $ 203. 37/ supplies; Stryker Sales Corporation: $ 515. 01/ supplies; Subsurface Solutions: $ 1905. 70/ supplies; Suburban Newspapers Inc: $ 573. 05/ service; Sutphen Towers Inc: $ 656. 64/ supplies; T Mobile USA Inc: $ 62. 96/ utilities; TD2 Nebraska Office: 3149. 25/ engineering; Teleflex LLC: $ 2660. 00/ supplies; Teresa' s Cleaning: $ 1540. 00/ service; The Lifeguard Store: $ 559. 00/ supplies; The UPS Store- 5359: $ 61. 88/ service; Thomson Reuters Tax & Accounting: $ 905. 25/ periodicals; Thryv Inc: $ 151. 94/ service; TK Elevator Corporation: 423. 30/ service; Two Men And A Truck: $ 346. 00/ service; Uline Inc: $ 149. 14/ supplies; Union Bank & Trust Company: $ 2064342. 08/ bonds; University of Nebraska Medical Center: 124. 00/ service; Verizon Wireless: $ 887. 65/ utilities; VW Golf Inc: $ 267. 00/ re- sale items; Walmart Community/ Capital One: $ 257. 38/ supplies; Waste Connections of Nebraska Inc: 9807. 54/ service; Wells Fargo Financial Leasing: $ 1024. 00/ service; Payroll: $ 1067714. 83; Total: 7, 068, 272. 69. 3 December 5, 2023  ORDINANCES FIRST READING: ORD. 2017 — An ordinance to amend Papillion Municipal Code § 55- 10 to reflect current practice regarding voting on motions — Amber Powers — 827- 1111. Introduced by Councilmember Engberg. ORD. 2018— An ordinance to amend Papillion Municipal Code§ 55- 3 to adopt amendments as required statutorily by Neb. Rev. Stat. § 16- 404 regarding ordinance readings for the redrawing of ward boundaries — Amber Powers — Kluch. 827- 1111. Introduced by Councilmember ORDINANCES SECOND READING AND PUBLIC HEARING: ORD. 2014 — An ordinance to amend Chapter 146 of the Papillion Municipal Code entitled Door-to-Door Sales, Mobile Vendors, and Facility Use and Event Permits" to add clarifying language and to correct existing inconsistencies — Nicole Brown — 597- 2021. Mayor Black opened the public hearing and called for proponents and opponents. No one came forward and the public hearing was closed. ORD. 2016 — An ordinance to approve amendments to the Papillion Basic Municipal Employees Plan and Trust Agreement for the City of Papillion Firefighters' Pension Plan and Trust— Carrie Svendsen— 916- 9645. 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- 0185— A resolution to approve a Final Plat for the property legally described as a tract of land located in the SW 1/ 4 of Section 25, T14N, R11 E of the 6th P. M., Sarpy County, NE, generally located on the NE corner of HWY 370 and HWY 50. The applicant is SB & SK Realty, L. L. C. ( Mid- States Utility Trailers) — Travis Gibbons — 597- 2077. Motion to approve RES. R23- 0185 by Councilmember Stubbe, second by Councilmember Fanslau. 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. RES. R23- 0186 — PUBLIC HEARING AND VOTE — A resolution to approve the City of Papillion' s Affordable Housing Action Plan as required by Neb. Rev. Stat. § 19- 5505— Travis Gibbons — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponents: Amy Haase, RDG, 1302 Howard Street, Omaha, presented the Affordable Housing Action Plan for the City of Papillion. Ms. Haase briefly explained LB866 and what this plan can and cannot do. Councilmember Fanslau asked when LB866 was passed by the legislature. Ms. Haase stated it was passed in 2020 and went into effect in the summer of 2020; the deadline to submit an Affordable Housing Action Plan depends on the size of the community. An annual reporting process must also be completed by staff. Councilmember Gaines explained that Neb. Rev. Stat. § 19- 5505 states that there should be specific actions listed in a community' s plan and that he does not think the proposed plan has any specific actions listed, only options. Ms. Haase explained that other communities they have worked with have turned in similar plans that have been approved by the State committee of the Legislature. 4 December 5, 2023  Councilmember Mumgaard asked what the City can do to help lower the cost of land or supplies to build new homes. Ms. Haase explained that the City can influence what is being build and that price could be distributed more over higher density projects. Councilmember Sunde explained that he shares some of the same concerns as Councilmember Gaines and thinks the plan is too vague as it is currently presented. Councilmember Fanslau explained that the City can continue to preserve its existing housing stock and streamline our processes to help lower the cost of housing. Councilmember Glover asked if changes can be made to the plan after it has been submitted to the State. Ms. Haase stated that they can. Councilmember Kluch stated that she believes this plan is a good starting point. Councilmember Engberg agreed with Councilmembers Fanslau and Kluch. Councilmember Fanslau asked what ramifications the City would face if a plan were not passed and submitted by the deadline. Ms. Haase briefly explained the penalties. Nick Dolphens, 1450 Hardwood Dr, stated that he likes this plan and would like to see it passed. Councilmember Gaines asked what he thought the two most important things are for an affordable housing action plan. Mr. Dolphens stated that a streamlined process could help but that there is no one solution to fix this issue. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R23- 0186 by Councilmember Engberg, second by Councilmember Stubbe. Mayor Black called for council discussion. Councilmember Gaines expressed concern with there not being any specific actions listed in the proposed plan. He then made a motion to amend to give priority in processing of applications for developments that encourage affordable housing, to distribute information promoting financing incentives for first time home buyers( including NIFA and other state/ federal assistance programs) in the monthly water bill letter, and to require that the policy be reviewed by a City Council Committee at the beginning of the year. Mayor Black clarified the motion to amend and called for a second. Motion to amend seconded by Councilmember Sunde. Ms. Rutter clarified the requirements of Neb. Rev. Stat. § 19- 5505 and stated that she believes the proposed plan, with or without the amendment by Councilmember Gaines, is in compliance with the State Statute. Mayor Black called for council discussion on the motion to amend. Councilmember Stubbe explained that he is not going to support this amendment but will support the proposed plan as presented. Councilmember Mumgaard asked if Councilmember Gaines' s motion to amend is in addition to the proposed plan or a replacement. Councilmember Gaines clarified that it is in addition to the 5 December 5, 2023 proposed plan. Councilmember Mumgaard stated with that understanding he will support the amendment. Upon roll call vote on the motion to amend, Sunde, Mumgaard, Gaines, Glover, and Kluch voted yes. Voting no: Fanslau, Stubbe, and Engberg. Motion passed. Upon roll call vote on the motion to approve as amended, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, and Stubbe voted yes. Voting no: Engberg. Motion passed. RES. R23- 0187 — A resolution to elect a new City Council President for a term of one ( 1) year— Nicole Brown — 597- 2021. Mayor Black briefly explained the process for electing a City Council President. Motion to open nominations for City Council President by Councilmember Gaines, second by Councilmember Mumgaard. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Nominations: Councilmember Mumgaard nominated Councilmember Sunde. Motion to close nominations for City Council President 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. Motion to approve RES. R23- 0187 electing Councilmember Sunde as City Council President by Councilmember Gaines, second by Councilmember Mumgaard. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. RES. R23- 0188 — A resolution to approve John F Hardy as the Corporate Manager for Walmart Inc d/ b/ a Walmart # 1671 for their Class D Liquor License — Nicole Brown — 597- 2021. Motion to approve RES. by Councilmember R23- 0188 Mumgaard, 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. RES. R23- 0192 — A resolution to approve the posting of the annual occupation tax report onto the City' s website — Nancy Hypse — 597- 2020. Motion to approve RES. R23- 0192 by Councilmember Gaines, second by Councilmember Kluch. 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. ORD. 2015 — An ordinance to amend the FY2023- 2024 Budget— Nancy Hypse — 597- 2020. Motion to approve ORD. 2015 by Councilmember Fanslau, second by Councilmember Sunde. 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: None. Comments from the Floor: Scouts from Troops 319 and 461G introduced themselves. Comments from Mayor and Council: Mayor Black provided an update on his events: ( 1) Mayor Black and staff attended Winter Wonderland; ( 2) Mayor Black and staff attended the ribbon cutting for Sheltering Tree; ( 3) Mayor Black and staff attended the Old German Christmas Luncheon; ( 4) Mayor Black attended the DARE Graduation for Rumsey Station Elementary School. 6 December 5, 2023 ADJOURNMENT: Motion to adjourn by Councilmember Glover, second by Councilmember Mumgaard. 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: 22 PM. CITY OF PAPILLION DAV P. BLACK, MAYOR ATTEST: 1V, s NICOLE BROWN, CITY CLERK PA 0pORAI F; VO - _ SEAL 7 December 5, 2023