PAPILLION CITY COUNCIL MINUTES. TUESDAY, MARCH 19, 2013 CaD- 7: 00 P. M.

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1 M I N U T E R E C O R D PAPILLION CITY COUNCIL MINUTES TUESDAY, MARCH 19, 2013 CaD- 7: 00 P. M. The City Council of the City of Papillion met in open and public session at Papillion City Hall on, at 7: 00 PM. City Clerk Elizabeth Butler called the roll. Present were Councilmembers Troy Florance, Tom Mumgaard, Jason Gaines, James Glover, Gene Jaworski, Lu Ann Kluch, Bob Stubbe, Steve Engberg and Mayor David P. Black. Also present were Assistant City Administrator Christine Myers, City Attorney Karla Rupiper, Public Works Director Marty Leming, Planning Director Mark Stursma, Fire Chief Bill Bowes, City Engineer Jeff Thompson, Police Chief Len Houloose, Director of Golf Maintenance Tom James, Recreation Director Lori Hansen, Finance Director Nancy Purscell, Chief Building Official Todd Aerni and Library Director Robin Clark. Mayor Black led those present in the Pledge of Allegiance. Affidavit of Publication: Notice of the meeting was given in the Papillion 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 meeting act is posted in the City Council Chambers. ADMINISTRATOR' S REPORT: None. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the Minutes from the February 19, 2013 City Council Meeting; ( 3) Approval of the bills as presented; ( 4) RES. R A resolution to approve the temporary use of HWY 370 from 108th Street east to approximately 68th Street on Sunday, July 14, 2013, from approximately 1: 00 PM until 3: 00 PM for the Yellow Ribbon Run Marty Leming : ( 5) RES. R A resolution to approve an Exclusive Listing Aareement with Pacific Realty Commercial LLC d/ b/ a Colliers International for the Sale or Lease of real property located within the Papillion Business & Technology Park Chris Myers : ( 6) RES. R A resolution to award the contract for the 2013 Papio Bay # 3 Field Liahts Installation to ProTech Electric Service Inc. of Omaha, NE in the amount of 143, Tony Gowan Motion to approve the Consent Agenda by Councilmember Jaworski, second by Councilmember Kluch. Councilmember Glover removed item C4. RES. R from the Agenda. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Motion carried. 1

2 4) RES. R A resolution to approve the temporary use of HWY 370 from 108th Street east to approximately 68th Street on Sunday, July 14, 2013, from approximately 1: 00 PM until 3: 00 PM for the Yellow Ribbon Run Marty Leming Motion to approve RES. R by Councilmember Glover, second by Councilmember Jaworski. Mayor Black called for proponents and opponents. None came forward. Council discussion: Councilmember Glover asked if a representative from the organization was available to speak about this event. Bryan Goodwin, Vice President of Rollin' Plains Motorcycle Club of Omaha, Inc., PO Box 8526 ( Omaha), stepped forward to speak about this event. He mentioned that the event is contingent upon approval of several jurisdictions. This event has grown each year and all proceeds will support the Friends of the Family Support Center. He then distributed a sample flyer and a copy of their Certificate of Insurance. He explained that should the crowd expectation exceed 1, 000 people the insurance limits will be increased. He then expressed frustrations with the NDOR regulations for temporary use of highways. Mayor Black noted that the proceeds from this event will support a great organization. He then commented on the NDOR process to temporarily use state highways. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Motion carried. BILLS: A and L Hydraulics, Inc: $ 2, / supplies; AA Wheel & Truck Supply Inc: / supplies; ABM Janitorial - North Central, Inc: $ 2, / services; Action Batteries Unlimited Inc: $ / supplies; Advanced Office Automation, Inc: $ service; Advantage Tape Advertising, Inc.: $ / service; AFLAC: $ / payroll deduction; Alamar Uniforms: $ / supplies; Alegent Health Foundation: $ 2, sponsorship; Amber Smith, P. C.: $ 2, / reimbursement; AmeriPride Services, Inc: / service; Anderson Industrial Engines Co, Inc: $ / supplies; Asphalt & Concrete Materials Co.: $ / supplies; Automotive Warehouse Distributors: $ parts; Beacon Athletics: $ 1, / supplies; Better Business Equipment: $ supplies; Black Hills Energy: $ / natural gas; BMI: $ /license; Bob Wagner: / LOSAP; Bo- Bo' s Bouncy Town, LLC: $ / service; Brad Euans: $ reimbursement; Cal Dierks: $ / LOSAP; Charlesworth & Associates, L. C.: 3, / service; City Of Papillion: $ 17, / payroll; Colonial Life Insurance Co: / payroll deduction; Constellation: $ 3, / utilities; Cornhusker Auto Wash Inc: $ / service; Cornhusker Int' I Trucks Inc: $ / supplies; Cox Business Services LLC: $ 1, / utilities; Cox Communications: $ / utilities; Cypress Benefit Administrators, LLC: $ / fees; Dakota Supply Group: $ 5, / supplies; Diamond Marketing Solutions: $ 6, / service; Diane Carlson: $ reimbursement; Douglas County Treasurer: $ / service; Dultmeier Sales, LLC: / supplies; Elizabeth Butler: $ / reimbursement; Elizabeth Lininger: / service; EyeMed Vision Care: $ / insurance; Factory Motor Parts Co: 2

3 / supplies; Farmers Union Co- Operative Association.: $ / supplies; Fastenal Company: $ / supplies; FedEx Office: $ / supplies; Feld Fire: 2, / supplies; FIREPAC: $ / payroll deduction; First National Bank: 13, / insurance; Fit in the City: $ / service; FleetPride: $ / supplies; Frank Matyja: $ / reimbursement; Fraternal Order Of Police: $ 1, / payroll deduction; Fritz Weiss: $ / LOSAP; Front Range Fire Apparatus: $ / parts; Funds by Hasler: $ / postage; Futureware: $ / supplies; G & K Services - Omaha: $ / supplies; GCR Omaha: $ / supplies; Genworth Life & Annuity Ins Co: $ / payroll deduction; Grainger, Inc.: $ / supplies; Great Plains Uniforms: $ / supplies; H & H Chevrolet: $ / supplies; Hach Company: / supplies; Haney Shoe Store, Inc.: $ / supplies; Hauff Sports: $ supplies; Heartland Pest Control Inc: $ / service; Helget Gas Products Inc: / supplies; Hibu: $ / service; Home Depot Credit Services: $ supplies; Host Coffee Service Inc: $ / supplies; Ideal Pure Water: $ supplies; ING Fire: $ 17, / payroll - pension; ING: $ 43, / deferred comp; Integrated Business Systems Inc: $ / service; Jack Miller: $ / LOSAP; James Glover: $ / reimbursement; Jason Gaines: $ / reimbursement; JEMS: / subscription; John Schendt: $ / LOSAP; KD Kanopy: $ 2, / supplies; Kelly Pohl: $ / reimbursement; Kriha Fluid Power Co., Inc.: $ / supplies; Kriz- Davis Company: $ / supplies; Laura Jean O' Connor: $ / operations; League of Nebraska Municipalities: $ / membership; Lowe's Business Account: $ supplies; Lyman- Richey Sand & Gravel Company: $ / supplies; Maple 85: 3, / supplies; Mark Brandt: $ / LOSAP; Matheson Tri- Gas, Inc.: $ supplies; Max I Walker: $ / service; Meco- Henne Contracting, Inc: $ 62, service; Menards: $ / supplies; Michael Todd & Co Inc: $ / supplies; Microfilm Imaging Systems, Inc: $ / service; Mid American Signal, Inc: $ 12, supplies; Midwest Laboratories Inc: $ / service; Midwest Turf & Irrigation: 1, / supplies; Mike Grieb: $ / reimbursement; Miller Press: $ supplies; Mindy Obenschain: $ / reimbursement; Monarch Fence Inc: $ supplies; Muzak LLC: $ / service; Napa Auto Parts: $ / supplies; Nathan Myers: $ / service; Nationwide Retirement Solutions: $ 5, / PEHP; Nebraska Department of Revenue: $ 29, / taxes; Nebraska Rural Water Association: / service; Nebraska- Iowa Industrial Fasteners: $ / supplies; Newman Brothers, Inc: $ / merchandise; Office Depot, Inc.: $ 1, / supplies; O' Keefe Elevator Company: $ / service; Omaha Compound Company: $ / supplies; Omaha Slings Inc: $ / supplies; Omaha Storm Chasers Baseball: $ 7, event; Omaha World Herald Company: $ / service; One Call Concepts, Inc: / service; O' Reilly Auto Parts: $ / supplies; Otis Elevator Company: / service; Papillion Glass & Door Co.: $ / service; Papillion Hardware: / supplies; Papillion Professional Fire Fighters: $ / payroll- deduction; Papillion Sanitation: $ / refuse; Pay-LESS Office Products: $ / supplies; Payroll Maxx, LLC: $ 366,659.65/ payroll ; PCEA: $ / payroll deduction; Personnel Committee: $ / employee fund; PNC Equipment Finance, LLC: $ 3, / lease; Police & Firemen' s Insurance Association: $ 1, / payroll deduction; PPE, Inc.: 4, / schooling; Principal Life Insurance Company: $ 16, / insurance; PROforma: $ 1, / supplies; R & R Products Inc: $ / service; Rainbow Glass & 3

4 Supply Inc: $ / service; Ray Higgins: $ / LOSAP; Redshaw Paint Supply Inc: $ / supplies; RenMind, LLC: $ / service; Retrievex: $ / services; Rich Higgins: $ / LOSAP; Rich Schmitz: $ / LOSAP; Richard Heydenreich: / reimbursement; Rob Spomer: $ / reimbursement; RR Donnelley: / supplies; Russell L Zeeb: $ / LOSAP; Sapp Bros., Inc: $ 1, / fuel; Sarpy Co Chamber of Commerce: $ / membership; Sarpy County Clerk: $ fees; Sarpy County Register of Deeds: $ / service; Sarpy County Treasurer: 21, / services; Sarpy County, SID 97: $ / service; Schirber & Wagner, L. L. P.: $ 2, / legal; Shamrock Concrete Company: $ / supplies; Sherwin- Williams: $ / supplies; Shirt Shack Omaha, Inc.: $ / supplies; Shred- It: / service; Soccer Internationale: $ / supplies; Solution One: $ service; Sprint: $ / utilities; Suburban Newspapers Inc: $ 13, / service; Superior Signals Inc: $ / supplies; Swank Motion Pictures, Inc.: $ 3, supplies; Target 7720: $ / supplies; Ted' s Mower Sales & Service: $ supplies; Thacker Electric Co., Inc.: $ / supplies; The Bike Way, Inc: $ supplies; The UPS Store : $ / service; Thermo King Christensen: $ supplies; Thompson Dreessen & Dorner, Inc: $ 1, / engineering; Thomson Reuters - West Payment Center: $ / supplies; Tighton Fastener & Supply Inc: / supplies; Tool Supply, Inc: $ / supplies; Tractor Supply Company: $ supplies; US Bank Corporate Payment Systems: $ 5, / service; USA Blue Book: / supplies; Utility Equipment Company: $ / supplies; Verizon Wireless: / utilities; Vidacare: $ / supplies; Walmart Community: $ / supplies; Washington National Insurance Co.: $ / insurance; Waste Management of Nebraska: $ / service; Weldon Parts Omaha: $ / parts; Wells Fargo Financial Leasing: $ / service; Winchester Cleaning: $ / services; Zep Sales Service: $ / supplies. BILLS TOTAL: $736, ORDINANCES FIRST READING: ORD An ordinance to annex certain real estate to the City of Papillion, Nebraska: for the areas generally described as Settlers Creek Replat 2, Settlers Creek Replat 3. Settlers Creek Drive, 72nd Street abutting on the west and Cornhusker Road abutting on the south, and to provide for an effective date thereof. Introduced by Councilmember Engberg. ORD An ordinance to change the official zoning map of the City of Papillion in accordance with Section of the Papillion Municipal Code to adopt a zoning map and to apply existing or future zonina regulations, property use regulations, building ordinances, electrical ordinances, plumbing ordinances, and all other regulatory ordinances of the City of Papillion pursuant to Neb. Rev. Stat._ and to provide for an effective date thereof. Introduced by Councilmember Engberg. ORDINANCES SECOND READING: None. ORDINANCES THIRD READING AND RESOLUTIONS: 4

5 RES. R A resolution to approve a Settlement Agreement with Long Island Sand and Gravel for damages and additions to easements with Paul and Elizabeth Reincke Jeff Thompson Motion to approve RES. R by Councilmember Glover, second by Councilmember Kluch. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Motion carried. ORD An ordinance to amend the official zoning map of the City of Papillion adopted by Ordinance No by changing boundaries of the zoning map of the City of Papillion in accordance with Section of Papillion City Code to rezone certain real property within the zoning jurisdiction of the City of Papillion, Sarpy County, Nebraska legally described as Lot 383 Eagle Ridge, generally located on the SW corner of Cornhusker Road and Fall Creek Road from Community Commercial ( CC) to Mixed Use ( MU), and to provide for an effective date thereof ( Fall Creek Development). Motion to approve ORD by Councilmember Mumgaard, second by Councilmember Glover. Council discussion: Councilmember Mumgaard recalled when this property was zoned Community Commercial ( CC). He mentioned that he voted to approve the change of zone to CC thinking the area would develop differently, however, over the years things have changed. He believes that government should create expectations for zoned areas and then discussed the expectations created when the proposed land was zoned CC. He explained this area was zoned CC before houses were built and therefore the expectations were known to everyone. He then addressed the concerns about schools overcrowding. He does not feel it is the City' s job to manage the schools. The City accommodates growth and the school district builds according to the growth. He supports this ordinance because he feels there is a balance in the expectations. Councilmember Stubbe feels that this proposal is the best option for this area. The property has been dormant for years and this is one of the few projects that have come before Council. He explained that the Mixed Use Development Agreement provides the City with more control of the development. In addition, this project complies with the City' s Comprehensive Plan and the Planning Department recommends approval. Also, SID Board 143 approved funding of the infrastructure. Councilmember Florance questioned the expectations of this project. He likes the project, however, the developer and homeowners all have the understanding this property is zoned CC. Because of that understanding and expectation he does not support this ordinance. Councilmember Glover commented on the Planning Commission' s approval of this project. He feels that homeowners made a decision to purchase a house according to what the property was zoned at that time. He does not favor this project and would not want it in his backyard. He then provided the example of the City' s decision to relocate the proposed Public Works facility due to public testimony. Everyone is aware that this 5

6 area is zoned CC and the rules should not be changed; therefore, he does not support this project. Councilmember Engberg commented on this project being a hard decision for Council. He feels that everyone is part of the community including SIDs. He indicated that Council votes based on beliefs and the information provided to them. He cautioned that if the change of zone is not approved tonight, a big box store could locate there and the City would have no recourse because it would comply with zoning. He supports this development because it would provide a Mixed Use Development Agreement that would offer some control over the project. He believes that multi-family units are a good transitional piece between residential and commercial areas as it will buffer sound and lights. He then provided the example of when Papio Bay was proposed to be built in his ward. He felt it was the best location for that amenity even though there was public testimony against it. After Papio Bay was completed, residents thanked him for building at that location. He then commented on the Planning Commission' s recommendation and the traffic study. Councilmember Kluch commented on neighborhood projects being a hard decision for Council as the projects effect neighbors. Council should use guiding points such the Comprehensive Plan to make decisions. This plan changes as the City grows, but it is in place to ensure things are done correctly. She also thought about the quality of the project and if it will stand the test of time. She researched the project by listening to everyone, as well as, reading the provided studies. She supports this project because she believes the MU Zoning is the best option. The City will have some control that certain activities will not take place. Councilmember Jaworski believes Papillion is a special place because Council has made tough decisions to turn down projects that did not fit the area. He drove around neighboring cities and did not find any apartments surrounded by houses similar to the proposed development. He favors this project but not for this location, it is too much for too small of an area. Upon roll call vote, Mumgaard, Kluch, Stubbe and Engberg all voted yes. Voting no: Florance, Gaines, Glover and Jaworski. Motion failed. RES. R A resolution to approve the Final Plat for the property legally described as Lot 383, Eagle Ridge, generally located on the SW corner of Cornhusker Road and Fall Creek Road. The applicant is FC Papillion LLC. ( Fall Creek Village) Mark Stursma Mayor Black announced that this item was contingent upon the approval of ORD The resolution failed due to a lack of motion. RES. R A resolution to approve the Fall Creek Village Mixed Use Development Agreement Mark Stursma Mayor Black announced that this item was contingent upon the approval of ORD The resolution failed due to a lack of motion. 6

7 RES. R A resolution to approve the First Amendment to the Eagle Ridge Subdivision Agreement Mark Stursma Mayor Black announced that this item was contingent upon the approval of ORD The resolution failed due to a lack of motion. ADMINISTRATIVE REPORTS: Committee Reports: Councilmember Engberg commented on the Tuesday, March 19, 2013, Finance and Administration Committee meeting. Comments from the Floor: None forthcoming. Comments from Mayor and Council: Mayor Black provided an update of his events: 1) Mayor Black participated in a news conference in La Vista regarding the announcement of possible fire service expansion and possible joint Public Works facilities; (2) Mayor Black was a judge for the State DECA Competition; ( 3) Mayor Black and other City staff attended a meeting of the Civil Service Commission. Mayor Black mentioned that the flyer for the Neighborhood Grant Program was distributed to Council. ADJOURNMENT: Motion to adjourn by Councilmember Glover, second by Councilmember Engberg. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Motion carried. Meeting adjourned at 7: 41 PM. CITY OF PAPILLION DAVIVP. BLACK, MAYOR Attest: OF PAP/ Z4 ARP a Rq jf p7i SEAL ELIZABETH Y CLERK SL Y9, 1a NEBRAS P 7