City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES TUESDAY, MAY 7, 2024 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 May 7, 2024, at 7: 00 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard, Jason Gaines, Jim Glover, Dave Fanslau, Lu Ann Kluch, Bob Stubbe, and Mayor David P. Black. Councilmember Steve Engberg arrived at 7:04 PM. 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 Huffer, 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, on April 24, 2024. 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. Proclamation: Mayor Black presented a Proclamation for Kids to Parks Day on May 18, 2024, to Mr. Gowan. Mr. Gowan thanked the Mayor and Council and provided an update on city parks projects. Oath of Office: Chief Whitted introduced Sergeant Frank Matyja and briefly discussed the sergeant promotional process. Mayor Black administered the oath of office to Sergeant Matyja. ADMINISTRATOR' S REPORT: City Administrator Amber Powers update: ( 1) provided an Thank you to the Papillion and La Vista Public Works Departments for a successful Spring Clean- Up Days; ( 2) The Papillion Recreation Department will be hosting the Senior Olympics on May 8th at the Papillion Landing Fieldhouse; ( 3) The Papillion Half Marathon, 10k and 5k will be on May 19th; 4) Provided an update on United Cities; ( 5) City staff has begun working on the FY2024/ 2025 Budget. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the April 16, 2024, City Council Meeting; ( 3) RES. R24- 0059 — A resolution to approve claims as presented —Nancy Hypse— 597- 2020; ( 4) RES. R24- 0042— A resolution to approve a Master Agreement for Communication Cable and Facilities in Public ROW with Ubiquity Nebraska, LLC — Michael Kleffner — 597- 2043; ( 5) RES. R24- 0074 — A resolution to approve a Special Designated Liquor License for Jane Leland Investments LLC d/ b/a Twisted Vine, 123 N Washington St, for a beer garden to be held at City Park during Papillion Days from June 13- 16, 2024— Nicole Brown— 597- 2021; ( 6) RES. R24- 0075 A resolution to award the contract for pickleball court surfacing, lining, and net installation to Pro Track and Tennis Inc. of Bennington, NE in the amount of$ 76, 000— Tony 1 May 7, 2024  Gowan - 597- 2049; ( 7) RES. R24- 0076 - A resolution to award the contract for pickleball concrete bases to597-Lakeview Tony Gowan - Construction of Plattsmouth, NE in the amount of$ 119,460 - 2049; ( 8) RES. R24- 0077 - A resolution to award the contract for pickleball court fence of $ 52, 420. 11 - construction to Superior Fence and Rail of Omaha, NE in the amount Tony Gowan - 597- 2049; ( 9) RES. R24- 0078 - A resolution to approve a Professional Services Agreement597-with Carollo Engineers for the 2024 Water and Sewer Rate Study - Michael Kleffner- 2043; ( 10) RES. R24- 0079 - A resolution to approve a Professional Course Services Agreement with Houston Engineering Inc for the Eagle Hills Golf Pond Stabilization Project - Ryan Shea - 592- 0617. Motion to approve the Consent Agenda by Councilmember Glover, second by Councilmember Sunde. Mayor Black called for proponents and opponents. None came forward. Councilmember Stubbe asked for item C4. RES. R24- 0042 be removed from the Consent Agenda. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. C4. RES. R24- 0042 - A resolution to approve a Master Agreement for Communication Cable and Facilities in Public ROW with Ubiquity Nebraska, LLC - Michael Kleffner- 597- 2043. Motion to approve RES. R24- 0042 by Councilmember Stubbe, second by Councilmember Kluch. Mayor Black called for proponents and opponents. None came forward. Councilmember Stubbe asked staff to make sure any agreements with utility companies have language that would allow staff to address any concerns that may arise. Mr. Kleffner briefly explained the agreement and noted that City staff is working on resolving any current issues. Upon roll call vote, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: Sunde. Motion passed. BILLS: Abante Marketing: $ 160. 75/ service; Acushnet Company: $ 6419. 66/ merchandise; Adam Boehmer: $ 262. 00/ reimbursement; Administrative Services Corp: $ 26779. 81/ pehp; Advanced OfficeAutomation Inc: $ 628. 49/ service; AKRS Equipment Solutions Inc: $ 299. 80/ supplies; All Copy Products Inc: $ 47. 98/ supplies; American Fire Training Systems Inc: $ 339839. 54/ services; American Red Cross Training Services: $ 342. 00/ training; Aqua- Chem Inc: $ 160. 00/ supplies; Aramark: $ 488. 60/ service; Arcoro Holdings Corp: $ 5. 50/ service; A- Relief Services Inc: 1302. 00/ service; Artistic Sign & Design Inc: $ 1970. 00/ contract; Associated Fire Protection: 2801. 80/ service; Audio Visions Production Services: $ 25000. 00/ service; Back9 Marketing: 700. 00/ service; Baker & Taylor: $ 2087. 06/ books; Batteries Plus Bulbs 073: $ 429. 89/ supplies; Bauer Built Tire: $ 165. 00/ parts; Baxter Ford of Papillion: $ 84. 55/ parts; Black Hills Energy: 13429. 97/ natural gas; Blackburn Mfg Co: $ 461. 72/ supplies; Blackstone Publishing: 159. 10/ supplies; Blue Cross Blue Shield: $ 426796. 86/ insurance; Boot Barn Inc: 663. 94/ apparel; Bound to Stay Bound Books Inc: $ 222. 30/ supplies; Bound Tree Medical LLC: 2424. 29/ supplies; Bridgestone Golf Inc: $ 97. 86/ supplies; Brite Ideas Decorating Inc: 7436. 62/ supplies; Bryan Svajgl: $ 224. 00/ reimbursement; Callaway Golf: $ 396. 18/ merchandise; CatS Commerce LLC: $ 138. 67/ supplies; Celebrity Homes: $ 7329. 00/ refund; Cengage Learning Inc / Gale: $ 382. 63/ books; Central States 84. 20/ supplies; Group: $ Chem- Sult Inc: 105021. 12/ supplies; Cintas Loc 749: $ 233. 25/ service; City of La Vista: $ 5505. 67/ agreement; City of Papillion Recreation Department: $ 275. 00/ service; Cobra PUMA Golf Inc: 1303. 40/ supplies; Coca- Cola of Omaha: $ 3646. 79/ merchandise; Connecting Point Church: 150. 00/ refund; Consolidated Management Company: $ 11. 35/ service; Constellation NewEnergy- GOLF: $ 243. 28/ utilities; Constellation NewEnergy- LIBRARY: $ 357. 43/ utilities; Controlled Comfort LLC: $ 1488. 65/ services; Cox Business: $ 2601. 67/ utilities; Credit Information Systems: $ 63. 00/ service; Culligan of Kearney: $ 307. 90/ services; Cummins Central Power: 292. 42/ supplies; D& K Products: $ 19232. 70/ supplies; D R Horton: $ 228. 39/ refund; DataShield Corporation: $ 2750. 00/ service; Deana Tate: $ 160. 45/ refund; Demco Inc: $ 442. 56/ books;DG Morrison Inc dba Arete Industries: $ 651. 50/ services; Diventures Lincoln LLC: $ 436. 00/ services; 2 May 7, 2024  Douglas County Sheriffs Office: $ 200. 00/ service; Douglas Moeller: $ 101. 68/ reimbursement; Duke Aerial Equipment Inc: $ 31. 90/ rental; Dultmeier Sales LLC: $ Solutions: $ 889. 75/ supplies; 128. 00/ supplies; Eakes Office Echo Group Inc: $ 387. 78/ supplies; FAC Print & 4893. 96/ supplies; Fastenal Promo Company: Company: $ 333. 92/ supplies; Feld Fire: $ 44460. 00/ supplies; Felsburg Holt & Ullevig: $ 35917. 00/ service; Ferguson Enterprises Inc: $ 525. 78/ supplies; Fikes Commercial Hygiene LLC: $ 371. 00/ service; Fire Protection Services LLC: $ 1037. 50/ service; Force America Distributing LLC: $ 427. 33/ supplies; 921. 82/ services; FP Design and Review Services LLC: Gear For Sports Inc: $ 612. 44/ advertising; GPS Technologies Inc: 1494. 00/ service; Grainger Inc: $ 823. 92/ supplies; Great Plains Uniforms LLC: $ 8559. 99/ service; H21 Group Inc: $ 5175. 00/ service; Haney Shoe Store Inc: $ 311. 98/ supplies; Hans Heating: 176. 65/ refund; Harm' s Concrete: $ 11693. 51/ goods; Hawkins Inc: $ 40. 00/ supplies; HDR Engineering Inc: $ 41358. 15/ service; Heartland Business Systems: $ 3697. 38/ service; Heartland Refrigeration: $ 130. 00/ repair; Heartland Tires & Treads - Omaha: $ 2328. 20/ supplies; Hentons Landscape Inc: $ 1200. 00/ service; hibu Inc- West: $ 56. 00/ service; Hi- Line Inc: $ 475. 93/ supplies; Home Depot Credit Services: $ 906. 49/ supplies; Host Coffee Service: $ Equipment Co / A NE Corp: $ 455. 99/ supplies; Hubbell Homes: $ 226. 23/ supplies; Hotsy 256. 55/ refund; Huntington National Bank: $ 4949. 81/ service; Hydro Optimization & Auto Solutions: $ 10040. 17/ service; Hy- Vee: $ 776. 14/ supplies; ICMA: $ 2197. 93/ subscription; In Extremis Tactival 2200. 00/ services; Group: InfoSafe Shredding Inc: $ 35. 00/ service; 22931. 70/ services; JEO Consulting Group Inc: Jerry Prazan: $ 240. 00/ reimbursement; Jessica Hubbard: 60. 97/ reimbursement; Johnson Brothers of Nebraska: $ 570. 00/ supplies; Jones Automotive Inc: 41383. 80/ supplies; JP Cooke Company: $ 154. 79/ supplies; Katie J Goergen: $ 97. 39/ refund; Kendall Martin: $ 4050. 00/ services; Koley Jessen PC LLO: $ 2237. 00/ legal; Kriha Fluid Power Co Inc: $ 1364. 48/ supplies; Kronos SaaShr Inc: $ 8093. 00/ payroll; Kumor Electric LLC: $ 21. 97/ refund; Lacey Partlow: $ 1401. 82/ reimbursement; Landport Systems Inc: $ 125. 00/ service; Lands' End Business Outfitters: $ 59. 90/ supplies; LaQuinta by Wyndham: $ 1379.40/service; Larsen Supply Company: $ 1288. 16/ supplies; Lawlor' s Custom Sportswear: $ 105. 00/ supplies; Lawrence Plumbing: $ 7744. 00/ service; Lawrence Trenching & Excavating: $ 660. 00/ service; Lewis Implement Company: $ 28500. 00/ supplies; Lincoln Financial Group: $ 12765. 36/ insurance; Linde Gas & Equipment: $ 65. 78/ supplies; Logan Contractors Supply Inc: $ 527. 47/ supplies; Logo Logix Embroidery & Screen: $ 1306. 00/ service; Loveland Grass Pad Inc: $ 774. 69/ supplies; Mahoney Fire Sprinkler: $ 550. 00/ refund; Marco Technologies LLC NW 7128: $ 229. 74/ contract; Marking Refrigeration Inc: $ 560. 00/ equipment; Martin Asphalt: $ 468. 00/ supplies; Matheson Tri- Gas Inc: 112. 03/ supplies; Melanie Doyle: $ 50. 00/ refund; Menards - Bellevue: $ 72. 86/ supplies; Menards Ralston: $ 1636. 75/ supplies; Metering & Technology Solutions: $ 41340. 24/ supplies; Metro Landscape Materials & Recycling: $ 12000. 00/ supplies; Metropolitan Utilities District: 278. 13/ utilities; Michael Todd Industrial Supply: $ Inc: $ 1354. 02/ supplies; Microfilm Imaging Systems 77. 00/ service; Mid America Sports Construction: $ 2500. 00/ refund; Midwest Fence- Guardrail Systems: $ 1415. 32/ service; Midwest Mudjacking Inc: $ 5260. 00/ service; Midwest Tape: 193. 39/ audio; Midwest Turf & Irrigation: $ 2935. 78/ supplies; Millard Metal Services Inc: 366. 00/ supplies; Mower Doctor: $ 13. 05/ service; Municipal Supply Inc of Omaha: 67. 44/ supplies; MW Construction Inc: $ 33114. 00/ services; Napa Auto Parts: $ 973. 68/ supplies; NDEE- Swimming Pools: $ 40. 00/ license; NE Public Health Environ Laboratory: $ 177. 00/ service; Nebraska Air Filter Inc: $ 62. 88/ supplies; Nebraska Golf Association: $ 475. 00/ membership; Nebraska. Gov: $ 100. 00/ government; Nebraska- Iowa Industrial Fasteners Corp: 388. 16/ supplies; New Wave Pools& Spas Inc: $ 7543. 11/ supplies; 147.54/ supplies; Omaha Compound Company: Omaha Storm Chasers: $ 279. 12/ supplies; 500. 00/ sponsorship; Omaha Winnelson Company: O' Reilly Auto Parts: $ 1084. 14/ supplies; Orin Orchard: $ 446. 50/ training; OverDrive: $ 1682. 33/ audio; Pine Crest Homes: $ 80. 70/ refund; PING: $ 1803. 73/ merchandise; Pioneer Manufacturing Company: $ 1755. 60/ supplies; Pitney Bowes Global Financial Services: 159. 97/ service; Pomp' s Tire Service Inc: $ 737. 62/ supplies; Practice Sports Inc: 3 May 7, 2024  11125. 00/ services; Premier- Midwest Beverage Co: $ Inc: $ 258. 43/ supplies; Project Lifesaver International: $ 4798. 40/ merchandise; Prier Tire Supply Inc: $ 289. 00/ service; 1786. 95/ supplies; Quadient Finance USA Quality Brands of Omaha Inc: $ 10698. 67/ merchandise; R& R Products Inc: 490. 70/ service; Rainbow Glass & Supply Inc: $ Account: $ 1028. 84/ supplies; 60. 00/service; Red Wing Business Advantage RNDC: $ 1798. 76/ merchandise; 523. 74/ supplies; Roth Rotella' s Italian Bakery Inc: Enterprises Inc: $ 46866. 70/ supplies; Sapp Bros Inc - Omaha: 40197. 32/ fuel; Sarah Smith: $ 224. 00/ reimbursement; Sarpy County: $ 55770. 46/ service; Shirt Shack Omaha Inc: $ 324. 24/ supplies; Silex LLC: $ Group 185. 00/ supplies; Silverstone Building Co LLC: $ 80. 70/ refund; Spin Linen Management: $ 733. 95/ supplies; SRIXON/ Cleveland Golf/XXIO: 583. 20/ merchandise; Staples Inc: $ 580. 73/ supplies; Subsurface Solutions: $ 195. 00/ supplies; Sunset Law Enforcement Ltd: $ 8920. 90/ supplies; Sysco Lincoln: $ 2776. 25/ supplies; T Hansen Construction Inc: $ 800. 00/ service; T Mobile USA Inc: $ 1097. 69/ merchandise; TD2 62. 96/ utilities; Taylor Made Golf Company: Nebraska Office: $ 62. 91/ supplies; The 360. 00/engineering; The Cleaning MART Inc: String Beans: $ 1400. 00/ service; The UPS Store - 5359: $ 45. 74/ service; Thorpe' s Body Shop: $ 207. 00/ service; Thryv Inc: $ 40. 00/ service; Tim Brandes: $ 2. 50/ refund; TMS Production Integration: $ 14000. 00/ service; Todd Valley Farms Inc: $ 4094. 50/ supplies; Tractor Supply Company: $ 171. 19/ supplies; Truck Center Companies: $ 278. 19/ supplies; TruePoint Solutions LLC: $ 1200. 00/ service; Turfwerks: $ 223. 21/ supplies; Ty' s Outdoor Power & Service: $ 132. 95/ supplies; Uline Inc: $ 2640. 01/ supplies; UMB Bank NA: $ 4112. 50/ service; Urban Roots Nursery Inc: $ 882. 00/ supplies; US Foods Inc: $ 852. 32/ supplies; USABlueBook: 839. 50/ supplies; Utility Equipment Company: $ 545. 56/ supplies; Van Wall Equipment: 715. 36/ supplies; Verizon Wireless: $ 1858. 15/ utilities; Vierregger Electric Company Inc: 7182. 35/ service; VW Golf Inc: $ 302. 44/ re- sale items; Walkers Inc dba Max I Walker: 11. 85/ service; Walmart Community/ Capital One: $ 275. 81/ supplies; Waystar Health: 172. 56/ service; Wells Fargo Financial Leasing: $ 1024. 00/ service; Western Sand & Gravel Co: 1635. 97/ supplies; Westlake Ace Hardware: $ 94. 68/ merchandise; Wex Health Inc: 385. 00/ service; White Cap LP: $ 4979. 88/ supplies; White Castle Roofing: $ 24. 75/ refund; Zimco Supply Co: $ 1550. 00/ supplies; Payroll for 4- 12- 24: $ 1072186. 44; Payroll for 04- 26- 24: 1071971. 05; Total: $ 3, 856, 085. 65. ORDINANCES FIRST READING: ORD. 1975 - An ordinance to amend Papillion Municipal Code $ 205- 218( G) having to do with golf course fences. The applicant is Councilmember Tom Mumqaard- Travis Gibbons 597- 2077. Introduced by Councilmember Mumgaard. ORD. 2022 - An ordinance to amend Chapter 170 ( Subdivision of Land), Article IV ( Plat Review and Submittal Requirements) of the Papillion Municipal Code having to do with preliminary plat supplemental materials as it relates to the Comprehensive Plan Amendments to adopt stormwater policies for the Papillion Creek and Southern Sarpy Watersheds. The applicant is the City of Papillion. ( Preliminary Plat Application Requirements) - Travis Gibbons - 597- 2077. Introduced by Councilmember Glover. ORD. 2023 - An ordinance to amend Chapter 206 ( Stormwater Management) of the Papillion Municipal Code having to do with stormwater permitting and regulatory action as it relates to the adoption of stormwater policies for the Papillion Creek and Southern Sarpy Watersheds - Michael Kleffner- 597-2043. Introduced by Councilmember Engberg. ORDINANCES SECOND READING AND PUBLIC HEARING: ORD. 2020- procurement- AnAmber ordinance to amend Chapter 35 of the Papillion Municipal Code regarding Powers - 827- 1111. Mayor Black opened the public hearing and called for proponents and opponents. No one came forward and the public hearing was closed. 4 May 7, 2024  ORD. 2021 — An ordinance to amend 2023/ 2024 salary ranges for management/ exempt positions— 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: ORD. 1980 — An ordinance to approve a Change of Zone from AG ( Agricultural) to R-4 Multiple- Family and Tax Lot 2 all Residential) for the property legally described as Tax Lot 9, Tax Lot 1B, located in Section 3, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located southwest of S 84th St and Schram Rd. The applicant is Richland Homes, LLC. ( Shadow Creek) — Travis Gibbons — 597- 2077. Motion to approve ORD. 1980 by Councilmember Stubbe, second by Councilmember Fanslau. Mayor Black explained that staff is recommending a motion to amend to add language to authorize the rezoning to go into effect in phases. Motion to amend ORD. 1980 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 voted yes. Voting no: none. Motion passed. Mayor Black called for proponents and opponents on the motion to approve as amended. Proponent: Larry Jobeun, 11440 W Center Rd, Omaha, briefly explained the Change of Zone request and stated that he was available for any questions. Opponents: None. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0048 — PUBLIC HEARING AND VOTE — A resolution to approve a Revised Preliminary Plat for the property legally described as Tax Lot 9, Tax Lot 1 B, and Tax Lot 2, all located in Section 3, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located southwest of S 84th St and Schram Rd. The applicant is Richland Homes, LLC. ( Shadow Creek) — Travis Gibbons — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Larry Jobeun, 11440 W Center Rd, Omaha, briefly explained the Revised Preliminary Plat. Councilmember Mumgaard asked for information on the phasing of the development and whether phasing is becoming more common. Mr. Jobeun said he is seeing more phasing occurring. Councilmember Mumgaard asked about the timing of Phase 2. Mr. Jobeun explained the timeline for the phases. Opponent: Beth Norris, 2425 Corn Dr, expressed concern about traffic into and out of the development area. Mr. Jobeun explained how traffic will be addressed. Councilmember Mumgaard asked when the signal on S 84th Street would be constructed. Mr. Jobeun explained that the signal is not yet warranted, but that it will be constructed once warrants are met. No one else came forward and the public hearing was closed. Motion to approve RES. R24- 0048 by Councilmember Gaines, second by Councilmember Stubbe. Upon roll call vote, Sunde, 5 May 7, 2024  Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0049 — A resolution to approve a Final Plat for the property legally described as Tax Lot 9, Tax Lot 1 B, and Tax Lot 2, all located in Section 3, T13N, R12E of the 6th P. M., Sarpy is County, NE, generally located southwest of S 84th St and Schram Rd. The applicant Richland Homes, LLC. ( Shadow Creek— Phase 1)— Travis Gibbons— 597- 2077. Motion to approve RES. R24- 0049 by Councilmember Stubbe, 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 voted yes. Voting no: none. Motion passed. RES. R24- 0050— PUBLICHEARING AND VOTE— A resolution to approve the Shadow Creek Subdivision Agreement— Travis Gibbons— 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Larry Jobeun, 11440 W Center Rd, Omaha, briefly explained the Subdivision Agreement. Councilmember Stubbe noted that within the Subdivision Agreement there is language that states that when the traffic signal is warranted, the SID will be responsible for the cost. Opponent: Beth Norris, 2425 Corn Dr, stated that at a previous meeting, the City offered the possibility of funding the signal ahead of time if the developer was unable to. Mr. Kleffner explained how traffic signals are warranted. Ms. Norris asked what the timeline is for a developer to install a traffic signal once a warrant is met. Mr. Kleffner explained that typically it takes approximately 18- 24 months to install once a warrant has been met. No one else came forward and the public hearing was closed. Motion to approve RES. R24- 0050 by Councilmember Fanslau, second by Councilmember Stubbe. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0051 — A resolution to approve the Shadow Creek Sewer and Water Connection Agreement — Travis Gibbons — 597- 2077. Motion to approve RES. R24- 0051 by Councilmember Gaines, second by Councilmember Stubbe. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. ORD. 2002 — An ordinance to approve a Change of Zone from AG ( Agricultural) to CC Community Commercial) and R- 4/ PUD- 2 ( Multiple- Family Residential with a Specific Planned Unit Development Overlay) for the property legally described as a tract of land 1/ located in the SE 4 of the SW 1/ 4 of Section 36, T14N, R12E of the 6th P. M., Sarpy County, generally located on the NW corner of S 66th St and Schram Rd. The applicant is Spruce Capital Group, LLC. ( Aerie Towne Center) — Travis Gibbons — 597- 2077. Motion to approve ORD. 2002 by Councilmember Fanslau, second by Councilmember Glover. Mayor Black stated that staff is recommending a motion to amend to change the subdivision name to Aerie Towne Center and to add language authorizing the rezoning to go into effect in phases. Motion to amend ORD. 2002 by Councilmember Engberg, second by Councilmember Mumgaard. 6 May 7, 2024  Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. Councilmember Stubbe stepped out of the meeting at 7:44 PM. Mayor Black called for proponents and opponents. Proponent: Larry Jobeun, 11440 W Center Rd, Omaha, stated he was there on behalf of the developer and available for questions. Opponents: None. Upon roll call vote on the motion to approve as amended, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, and Engberg voted yes. Voting no: none. Absent: Stubbe. Motion passed. Councilmember Stubbe returned to the meeting at 7: 45 PM. RES. R24- 0060 — PUBLIC HEARING AND VOTE — A resolution to approve a Revised Preliminary Plat for the property legally described as a tract of land located in the SE '/ 4 of the SW'/ 4 of Section 36, T14N, R12E of the 6th P. M., Sarpy County, generally located on the NW corner of 66th St and Schram Rd. The applicant is Spruce Capital Group, LLC. ( Aerie Towne Center)— Travis Gibbons— 597-2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Larry Jobeun, 11440 W Center Rd, Omaha, briefly explained the Revised Preliminary Plat and phasing. Phase 1 would not allow for the funding of S 66th St; however, there are provisions within the Subdivision Agreement regarding the future development of S 66th St. Councilmember Sunde asked what is envisioned in the northeast corner of the development for Phase 2. Mr. Jobeun stated that it could be commercial, office, or retail. Councilmember Mumgaard stated that he thinks S 66th St is critical for the community and that he would like to see it built sooner versus later. He added that he will plan on voting for this but does not want to see Phase 2 built until S 66th St is built. Opponent: Terry Tighe, 14102 S 108th St, Springfield, stated that he does not believe this is a good location for residential homes, but better suited for commercial buildings. He also expressed concern with the overuse of Schram Rd. Carla Tighe, 14102 S 108th St, Springfield, submitted an email in opposition. Ms. Tighe expressed concern regarding the timing of the construction of S 66th St, as Schram Rd will see an increase in traffic since it is the only road available to be used by two developments. Ms. Tighe also expressed concern with the potential loss of land from the J- E Ranch just east of this development area. No one else came forward and the public hearing was closed. Motion to approve RES. R24- 0060 by Councilmember Mumgaard, second by Councilmember Fanslau. Mayor Black called for council discussion. Councilmember Sunde noted that the developers of the Titan Springs neighborhood built S 66th St without the assistance of a neighboring development. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. 7 May 7, 2024  RES. R24- 0061 — A resolution to approve a Final Plat for the property legally described as a tract of land located in the SE 1/ 4 of the SW 1/ 4 of Section 36, T14N, R12E of the 6th P. M., Sarpy County, generally located on the NW corner of 66th St and Schram Rd. The applicant is Spruce Capital Group, LLC. ( Aerie Towne Center — Phase 1) — Travis Gibbons — 597- 2077. Motion to approve RES. R24-0061 by Councilmember Glover, second by Councilmember Gaines. Mayor Black called for any proponents and opponents and noted that comments from the previous related item would be carried over. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0062 — A resolution to approve the Aerie Towne Center Subdivision Agreement Travis Gibbons — 597- 2077. Motion to approve RES. R24- 0062 by Councilmember Engberg, second by Councilmember Kluch. Mayor Black called for any proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0063 — PUBLIC HEARING AND VOTE— A resolution to approve the Aerie Towne Center Planned Unit Development Agreement — Travis Gibbons — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Larry Jobeun, 11440 W Center Rd, Omaha, explained the Planned Unit Development Agreement and stated that he was available for questions. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R24- 0063 by Councilmember Fanslau, second by Councilmember Kluch. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0064 — A resolution to approve the Aerie Towne Center Sewer and Water Connection Agreement — Travis Gibbons — 597- 2077. Motion to approve RES. R24- 0064 by Councilmember Gaines, second by Councilmember Engberg. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. ORD. 2013 — An ordinance to approve a Change of Zone from AG ( Agricultural) to MU Mixed Use), R- 4 ( Multiple- Family Residential), and RE ( Residential Estates) for the property legally described as part of Tax Lot 7, Section 12, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located on the SE corner of S 72nd St and Capehart Rd. The applicant is Gene Graves. ( Oak Leaf Phases 2- 5) — Travis Gibbons — 597- 2077. Motion to approve ORD. 2013 by Councilmember Stubbe, second by Councilmember Glover. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0065 — A resolution to approve the Final Plat for the property legally described as part of Tax Lot 7, Section 12, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located on the SE corner of S 72nd St and Capehart Rd. The applicant is Gene Graves. ( Oak Leaf — Phase 2) — Travis Gibbons — 597- 2077. Motion to approve RES. R24- 0065 by 8 May 7, 2024  Councilmember and opponents. Kluch, second by Councilmember Gaines. Mayor Black called for proponents Proponent: Larry Jobeun, 11440 W Center Rd, Omaha, explained the Final Plat and stated that he was available for questions. Opponents: None. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0066 — PUBLIC HEARING AND VOTE — A resolution to approve the First Amendment to the Oak Leaf Subdivision Agreement — Travis Gibbons — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Larry Jobeun, 11440 W Center Rd, Omaha, briefly explained the Subdivision Agreement. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R24- 0066 by Councilmember Fanslau, second by Councilmember Stubbe. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0067 — PUBLIC HEARING AND VOTE — A resolution to approve the Oak Leaf Mixed Use Development Agreement— Travis Gibbons — 597- 2077. Mayor Black opened the public hearing and called for proponents and opponents. Proponent: Larry Jobeun, 11440 W Center Rd, Omaha, briefly explained the Mixed Use Development Agreement. Opponents: None. No one else came forward and the public hearing was closed. Motion to approve RES. R24- 0067 by Councilmember Kluch, second by Councilmember Gaines. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0068 — A resolution to approve the Oak Leaf On- Street Parking Maintenance Agreement — Travis Gibbons — 597- 2077. Motion to approve RES. R24- 0068 by Councilmember Engberg, second by Councilmember Stubbe. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0069 — A resolution to approve the Oak Leaf Access Easement Agreement — Travis Gibbons — 597- 2077. Motion to approve RES. R24- 0069 by Councilmember Sunde, 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 voted yes. Voting no: none. Motion passed. 9 May 7, 2024  RES. R24- 0070 — PUBLIC HEARING AND VOTE — A resolution to approve the First Amendment to the Highway 370 Mixed- Use Development Subdivision Agreement— Travis Gibbons — opponents. 597- 2077. Mayor Black opened the public hearing and called for proponents and Proponent: Brent Beller, 11440 W Center Rd, Omaha, briefly explained the First Amendment to the Subdivision Agreement. Councilmember Mumgaard clarified that this amendment primarily deals with the infrastructure and that the overall use and development of the Tower District is remaining the same. Mr. Beller agreed and explained what is being amended in the agreement. Councilmember Fanslau asked for more information on current lot closings. Mr. Beller stated that they have had approximately 12 residential lot closings and one commercial lot closing within the past year. Opponents: Carol Kunz, 1012 S Madison St, stated that she does not want Harrison St to go through between this development and the Trumble Park neighborhood, and that Trumble Park is important to her and the school. Terry Perez, 403 Valley Rd, expressed concern with the removal of Trumble Park, stated that she does not want Harrison St to go through causing extra traffic on Valley Rd. No one else came forward and the public hearing closed. Motion to approve RES. R24- 0070 by Councilmember Gaines, second by Councilmember Mumgaard. Motion to amend RES. R24- 0070 by Councilmember Kluch, second by Councilmember Gaines, as follows: 1. To amend by addition the First Amendment to Highway 370 Mixed Use Development Subdivision Agreement in the following manner: ( 1) to amend Section 2( A)( 17) to add reference to a Pedestrian Connection Extension to be constructed by the City; ( 2) to amend Section 10( H)( 2) to require a City determination of necessity regarding the construction of the S Harrison St extensions prior to right- of-way dedication, and authorize such dedication. To outline requirements for commencement of construction of a S Harrison St Pedestrian Connection, set a timeline and triggering construction events, contingent upon Council appropriation of funds. Pedestrian Connection costs to be defrayed by the City; and ( 3) to further amend Section 10( H)( 2) to clarify there is no obligation to construct the S Harrison St Extension until authorized by the City. The City Council may evaluate traffic conditions within the area prior to such authorization. If the City Council determines the S Harrison St Extension is warranted, City will notify the District and Developer of authorization and a timeline for construction. The District or Developer will be responsible for defraying the entire cost of the S Harrison St Extension pursuant to the Subdivision Agreement. Mayor Black called for proponents and opponents. None came forward. Councilmember Kluch explained the reasoning for the request for a pedestrian connection extension. Councilmember Gaines stated that he agrees with the idea of a pedestrian bridge and believes it is a much better 10 May 7, 2024  fitandforthinks the area. Councilmember Glover stated that he will also be supporting this motion to amend this is a much safer option. Councilmember Mumgaard explained that he sees the S Harrison St extension as a way to get cars in and out of the area quicker and more effectively, and that he is willing to compromise with the pedestrian bridge but suggested holding this item over for one meeting to have a better discussion. Councilmember Engberg stated that he does not disagree with the pedestrian bridge and does not think that the road extension is necessary at this time. He added that he also would not be opposed to holding this item off to a future meeting, as he has some additional questions. He then asked Mr. Beller if delaying the vote on this item would cause issues for the developer. Mr. Beller explained that it would delay work to be done on S 90th St, which is being addressed by the next agenda item. Councilmember Sunde stated that he agrees with Councilmember Kluch' s motion to amend and that he does not support a road going through that area at this time. Councilmember Kluch stated that she would have no objection to continuing this item to a future meeting. Councilmember Glover stated that he will be absent from the next meeting and suggested voting on the motion to amend now, then making further amendments as necessary. Mayor Black noted that just because the Council may approve the motion to amend tonight, it does not mean the developer has agreed to the amendments so further changes may be made. Councilmember Fanslau stated that he understands the issue of safety but that he also sees a connection issue between two neighborhoods and that he believes the road extension would not just address school traffic but would also allow for the public to access the businesses within the Tower District. Councilmember Kluch asked if requesting to have the pedestrian bridge built immediately instead of waiting for two years per the proposed amendment would sway Councilmember Mumgaard' s opinion to vote on the motion to amend at tonight' s meeting. Mayor Black asked if there is any impact with the removal of the two- year construction trigger, requested additional information on the bike trail through the Tower District, and asked about parking on Rawhide Rd. Mr. Stursma explained the proposed bike trail in the existing development plans. Mr. Gibbons stated that there is parallel parking being proposed on both sides of Rawhide Rd. Mr. Kleffner explained that the City is still two years out from planned work on the wetland area due to an Army Corps of Engineers permit, so it will be at minimum two to three years before the pedestrian bridge could be built. Mayor Black asked if it would be more logical for the trigger for building the bridge to become the release of the Corps permit. Mr. Kleffner stated that it would. Councilmember Stubbe asked who would be responsible for funding the pedestrian bridge. Mayor Black stated it would be the City' s cost. Councilmember Stubbe noted that this project isn' t currently listed in the City' s Capital Improvement Plan and asked about the process to add the project. Mayor Black stated that there is currently funding available for the S Harrison St extension and that the intent would be to switch the funding from that extension to a pedestrian bridge. Councilmember Mumgaard made a motion to table RES. R24- 0070 until the June 4, 2024, meeting to allow for additional discussion and requested that the agenda for that meeting 11 May 7, 2024  specifically identify this motion to amend. Mayor Black explained that F18. RES. R24- 0070 and F19. RES. R24- 0071 are related, so F19. RES. R24- 0071 may be delayed as well. Mr. Beller asked if this delay would delay the start to S 90th St. Mr. Kleffner stated that it could. Motion to table failed due to lack of second. Councilmember Kluch withdrew her initial motion to amend. Councilmember Kluch made a motion to amend to direct staff to work with the developer regarding delaying the street connection to a future time as determined by City Council, and to construct a pedestrian bridge at the time the Army Corps of Engineers permit allows. Second by Councilmember Sunde. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Kluch, and Engberg voted yes. Voting no: Fanslau and Stubbe. Motion passed. Mayor Black called for a vote on the motion to approve as amended. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0071 — A resolution to approve the Highway 370 Mixed- Use Development Amended and Restated Interlocal Cooperation Agreement for S 90th St Improvements — Travis Gibbons — 597- 2077. Motion to approve RES. R24- 0071 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, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0073— A resolution to approve the Third Amendment to the Belterra Subdivision Agreement — Travis Gibbons — 597- 2077. Motion to RES. approve R24- 0073 by Councilmember Gaines, second by Councilmember Glover. Mayor Black called for proponents and opponents. Proponent: Caleb Beasley, 10909 Mill Valley Rd, Omaha, briefly explained the Subdivision Agreement and stated that he was available for questions. Opponents: None. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. RES. R24- 0080 — A resolution to approve the Sarpy County and Cities Wastewater Agency' s Revised Sewer Rates and Connection Fees Schedule for the Unified South Sarpy Wastewater System — Amber Powers — 827- 1111. Motion to approve RES. R24- 0080 by Councilmember Stubbe, 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 voted yes. Voting no: none. Motion passed. ADMINISTRATIVE REPORTS: Committee Reports: None. Comments from the Floor: Loreen Reynante, 1108 Parc Dr, reminded the public to keep campaign signs out of right- of-way. Comments from Mayor and Council: Mayor Black provided an update on his events: ( 1) Mayor Black and staff attended the ribbon for Thurman Chiropractic; ( cutting 2) Mayor Black and Ms. Powers attended the weekly United Cities Meeting. 12 May 7, 2024 ADJOURNMENT: Motion to adjourn by Councilmember Gaines, second by Councilmember Fanslau. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Fanslau, Kluch, Stubbe, and Engberg voted yes. Voting no: none. Motion passed. Meeting adjourned at 9: 17 PM. CITY OF PAPILLION D ID BLACK, MAYOR ATTEST: NICOLE BROWN, CITY CLERK o4SE 02 it SEAL 13 May 7, 2024