M 1 N U T E R E C O R D

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1 M 1 N U T E R E C O R D PAPILLION CITY COUNCIL MINUTES TUESDAY JUNE PM The City Council of the City of Papillion met in open and public session at Papillion City Hall on at700 PM City Clerk Elizabeth McCarty called the roll Present were Councilmembers Troy Florance Tom Mumgaard Brian Liesveld James Glover Gene Jaworski LuAnn Kluch Bob Stubbe Steve Engberg and Mayor David P Black Also present were City Administrator Dan Hoins Assistant City Administrator Christine Myers City Attorney Mike Schirber Public Works Director Marty Leming Planning Director Mark Stursma Fire Captain Jeff Jones Manager of Engineering Services Jeff Thompson Police Chief Len Houloose Director of Golf Maintenance Tom James Recreation Director Lori Hansen Chief Building Official Todd Aerni and Library Director Robin Clark Finance Director Nancy Purscell was absent 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 Incorporated herein by reference as if fully set out herein is the audio and visual recording of the council meeting A copy is available in the office of the City Clerk Public Announcement that a current copy of the open meeting act is posted in the City Council Chambers ADMINISTRATOR REPORT City Administrator Dan Hoins gave an update on the following 1 On attended a meeting sponsored by the Sarpy County Chamber of Commerce featuring Senator Mike Johanns During the meeting Mr Johanns stated that his staff will help the City with 84th Street improvement issues 2 Staff is working on a change to the fireworks ordinance to include December sales of fireworks This ordinance will be presented to City Council in the near future Mr Hoins asked Councilmembers to please contact him if they would like to include additional changes to this ordinance 3 City staff is assisting the Papillion Community Foundation on Papillion Days activities Chief Building Official Todd Aerni and his staff have been organizing the parade 4 The Sarpy County Chamber of Commerce is sponsoring the Economic Development Summit on June CONSENT AGENDA ITEMS 11 Approval ofthe agenda as presented 2 Approval of the Minutes from the Mav Citv Council Meetlne 3 Approval of the bills as presented 4 RES R A resolution to approve a final payment for the Walnut Creek Pond Silt Removal to Hausman Enterprises Inc in the amount of RES R A resolution to award the contract for Pavins Section I for SID 290 Schewe Farms to Chas Vrana and Son Construction Company of Omaha NE in the amount of RES R A resolution to award the contract for Storm Sewer Section II Box 1

2 of Wahoo NE in the amount of RES R A resolution to overnicht at the Halleck Park Shelter on June 256 and Motion to approve the Consent Agenda by Councilmember Engberg second by Councilmember Kluch Mayor Black asked for proponents and opponents No one came forward Upon roll call vote Florance Mumgaard Liesveld Glover Jaworski Kluch Stubbe and Engberg all voted yes Voting no none Motion carried BILLS EJ Entertainment supplies 442 Praxair Distribution Co supplies ADT Security Services Inc service Afternooner s service Air Hydraulic Systems supplies Ak sar ben Pipe Sewer service Alamar Uniforms supplies All Flags Etc supplies Anderson Industrial Engines supplies Angie Andelt refund Arctic Glacier supplies ARelief Services Inc service ASCAP supplies Asphalt Concrete Materials supplies Attitude on Food service AVI Systems Inc service Backbone Entertainment 1800 service Beau Taylor training Bellevue Leader service Bennington Equipment Inc supplies Better Business Equipment supplies Birchwood Homes 500 refund Black Hills Energy natural gas Blackburn Manufacturing Co supplies BMI license Bobcat Of Omaha supplies Brentwood Auto Wash service Brian Craig reimbursement Callaway Golf Company merchandise Canoyer Garden Center supplies Cash Wa Distributing merchandise Christine L Myers 100 training Cintas Corporation supplies City Of La Vista agreement City Of Omaha Cashier service City of Omaha Parks Recreation stage rental City Of Papillion license City Treasurer Council Bluffs service Clicgear USA supplies Coca Cola Btlg Of Mid America merchandise Community Bible Church refund Compchoice Inc service Conrad Fire Equipment supplies Constellation New Energy Gas natural gas Cox Business Services service Crouch Recreation Design Inc supplies CSI Division service D D Communications service Dan Hoins training David Bahl reimbursement David Black service DiGiorgio s Sportswear supplies Don s Pioneer Uniform34 95 supplies Doug Huggins reimbursement Douglas County Treasurer 600 service Dultmeier Sales supplies Echo Group supplies Ed M Feld Equipment Co Inc supplies Ennis Paint Inc supplies Factory Motor Parts supplies Farmers New World Life Ins Co insurance Fastenal Company supplies FedEx Express service Futureware Distributing Inc supplies Galls supplies GCSAA organiation Gene s Auto Truck Services Inc service Hach Company supplies Haney Shoe Stores Inc supplies Hausman Enterprises Inc contractor Heartland Refrigeration parts Hi Line supplies Home Depot Credit Services supplies Host Coffee Service Inc supplies ICMA organization Insight Public Sector 2

3 88 56 supplies Integrated Business Systems In service Jeff Thompson reimbursement Jems subscription Jennifer Richardson refund Jensen Tire Co supplies Joel Mary Custard refund Kelly scarpet Omaha service Kenz Leslie Distributing Co supplies Klabunde s Delivery Inc service Kriha Fluid Power supplies Kristine Ryan P C reimbursement Kriz Davis Company supplies Kurt McClannan training Local Equipment Inc supplies Lands End Business Outfitters supplies Larsen Supply Company supplies LaRue Distributing Inc supplies Laura Jean OConner service Laurie Cooley refund League of Nebraska Municipalities NCMA training Libra Safety Products supplies Life Assist Inc supplies Linweld Inc supplies Logan Contractors Supply Inc supplies Lorri s Lunch Box supplies Louise Greco57 50 reimbursement Loveland Lawns Inc 279 supplies Lowe s Business Account supplies Mac Rae Productions service MAPA supplies Mark Stursma reimbursement Marking Beverage Systems supplies Marking Refrigeration Inc equipment Martin Marietta Materials supplies Matco Tools supplies Max I Walker service Menards supplies MetLife Small Business Center insurance Metro Area Transit service Michael Borden reimbursement Microfilm Imaging Systems Inc 200 service Midwest Radiator LLC supplies Midwest Turf Irrigation supplies Miller Brands of Omaha merchandise Monarch Oil Company supplies Music Performance Fund service Napa Auto Parts supplies NASCO training NBE Solutions supplies NCPA dues Nebraska Public Health Environmental Laborator service Nebraska Dept Of Revenue taxes Nebraska Floodplain and40 00 conference Nebraska Iowa Industrial Fasteners Corp supplies Nebraska Statewide Arboretum dues Nebraska Turf Products supplies Neil Covington refund Newman Traffic Signs supplies Nextel Communications service Office Equipment Finance Services service Omaha Compound Company supplies Omaha Door Window Co Inc service Omaha Winnelson supplies Omaha World Herald service OReilly Automotive Inc supplies Orin Orchard reimbursement Orizon CPAs LLC service Orkin Pest Control service Osborne Coinage supplies Otis Elevator Co service Party Palace 400 supplies Payflex Systems USA Inc service Pinnacle Bank service PLIC SBD Des Moines insurance Pratt AV Video Group 700 service Premier Midwest Beverage Co merchandise PROTEC Systems LLC service Quality Brands of Omaha merchandise Radio Shack Corporation supplies Rainbow Glass Supply Inc service Republic Nat I Distrib Eagle merchandise Republic Nat I Distrib Falcon merchandise Robert Baumgart reimbursement Rotella s Italian Bakery Inc merchandise Sapp Brothers Petroleum Inc fuel Sarpy County Sheriff supplies Sarpy County Treasurer services Security Equipment Inc service Sherwin Williams supplies SHRM 3

4 A dues Solution One services Standard Insurance Company insurance State Fire Marshall license Sterling Distributing Company merchandise Sun Source isupplies Superior Signals Inc supplies Swank Motion Pictures supplies Target supplies Target supplies Targy Auto Parts supplies TD Sanders more 200 services Texoma Golf Inc merchandise The Lincoln National Life Ins insurance The Sherwin Williams Co supplies The UPS Store service Thompson Dreessen Dorner engineering Tilford Printing Card Shop supplies Tim Moran training Titleist merchandise Treasurer Iowa State University training Turfbuilders Irrigation Inc supplies Turfwerks supplies U S Cellular service Union Shop Apparel Inc supplies United Healthcare reimbursement USA Blue Book service Utility Equipment Company supplies Van Horne Services Inc 500 services Van Wall Turf Irrigation supplies Verizon Wireless service Vessco Inc supplies Vierregger Electric Company service Walmart Community supplies Waste Management Omaha service Western Sand Gravel Co supplies Wiese Rentals W Rentals service Windstream service Yamaha Golf Equipment Co1600 supplies Zep Sales Service supplies Zimco Supply CO supplies Zoll Medical Corp supplies Total Funds by Hasler postage BILLS TOTAL ORDINANCES FIRST READING ORD 1592 An ordinance to amend Section 81 5 of the Papillion Municipal Code having to do with the hours of the sale of alcoholic liquor to amend Section 815 to reseal portions of Section 815 and to provide for an effective date Introduced by Councilmember Liesveld ORDINANCES SECOND READING None ORDINANCES THIRD READING AND RESOLUTIONS RES R A resolution to approve a 90 day extension to the Lottery Operator Agreement with Papillion Keno Inc Motion to approve Councilmember Liesveld second by Councilmember Jaworski RES R by Motion by Councilmember Florance second by Councilperson Stubbe to amend RES R to add The operator must accept the Lottery Operator Agreement Extension by 500 pm on June or the same shall be considered rejected by keno operator Mayor Black asked for proponents and opponents No forward the current one came Council discussion Councilmember Liesveld asked for clarification to the amendment Councilmember Florance restated his amendment to RES R by adding language that specifies a deadline for the keno operator to accept the extension to the current agreement 4

5 Upon roll call vote Florance Mumgaard Liesveld Glover Jaworski Kluch Stubbe and Engberg all voted yes Voting no none Motion carried Vote on original motion by Councilmember Liesveld second by Councilmember Jaworski to approve RES R as amended Mayor Black asked for proponents and opponents Opponents Attorney Jim Lang Nicholas Street Omaha NE representing Papillion Keno Inc Operator Steve Willey expressed concerns he has with this resolution and amendment He stated that this resolution is not in the best interest for either party involved in the negotiation process He made some comments about Mr Willey s history with the City and that he was the only one to submit a proposal during the City s keno request for proposal procedure The extension creates a temporary situation which will make it difficult for the keno operator to run his business Mr Lang commented that he is here tonight to ask Councilmembers to deny the 90 day extension or lay it over for 2 weeks to continue negotiations He also stated that both parties are close to bringing matters to a full contract Mr Willey requested some things in his counter proposal such as both parties each contributing half a percent that will be used to promote the game of keno in the City The Keno Operator would like to come to an agreement where everyone will benefit and both parties can move forward Steve Willey Operator of Papillion Keno Inc 1211 N Monroe Street Papillion NE also expressed concerns he has with this resolution He stated that he has been the keno operator for the City the past 12 years and has never been asked about revenue or why the game is not better In the proposal he submitted he requests quarterly meetings with the Keno Ad Hoc Committee He commented on the current location of the keno establishment and his efforts to obtain more local satellite locations in town He also commented on his past relationship with the City in regards to the keno progressive jackpot his efforts to negotiate during the smoking ban and the Keno Ad Hoc Committee s bid process City Council rejected his proposal on May by passing and approving RES R At the May City Council meeting City Council asked about considering a 90 day extension to the current keno contract He stated that at the time he agreed to the extension with the understanding that he would be included as one of the interested parties He then commented on his frustrations with the Keno Ad Hoc Committee Mayor Black clarified that this resolution deals with an extension to the current keno contract RES R that City Council passed on May gave the Keno Ad Hoc Committee the authority to negotiate with all interested parties including Mr Willey RES R does not affect this resolution Mr Willey stated that he will consider the 90 extension but opposes the notion that he only gets two days to make a decision The game of keno provides the City money at no risk and he is continuously trying to improve the game and needs more than a 5 year contract to do so He also stated that he does not think it will take 90 days to finish 5

6 negotiating the contract He asked Councilmembers to not pass the motion and to continue negotiations Council discussion Councilmember Mumgaard stated that the current deadline for the keno contract is in 30 days ending on June He asked Mr Lang what the opposition would be to extend the current keno contract for 90 more days Mr Lang responded that the issue with a 90 day extension to the current contract is trying to operate a permanent business on a temporary basis The extension puts the business at risk and provided the example that Papillion Keno Inc employees may seek other employment Councilmember Mumgaard stated that the 90 day extension would allow Mr Willey to continue doing business as he has done for the past 12 years With the 90 day extension Mr Willey s employees will be reassured that he will be in business for that extra time Councilmember Mumgaard commented that he does not want Mr Willey s employees to be out of a job He stated that if Mr Willey is a great keno operator then it would be in the best interest for the City to keep him for an extended 90 days in addition to the contract versus 30 more days when the contract ends It is his understanding that Mr Lang would like the City to stop talking and to stop trying to work out problems dealing with the keno operator contract Mr Lang responded that Papillion Keno Inc would like to have a 5 year contract over a 90 day extension to the current contract A long term contract has stability and is permanent Therefore Mr Willey would like to continue negotiating for 2 weeks to see if the contract can be completed It is his understanding that both parties are close to coming to terms on the keno agreement He expressed concerns that all of the facts have been presented and nothing is going to change over 90 days A permanent contract will relieve worry for the employees and the game can start to grow Also Mr Willey is responsible for obtaining licenses by July to operate the game of keno Councilmember Mumgaard asked what the licensing fees are for the game of keno and if they can be prorated Mr Willey informed Councilmember Mumgaard of all the licenses he must obtain to operate the game of keno and the fees associated with each license He also mentioned that keno is available year round but is more of a seasonal game that is mostly played during the winter season Mayor Black asked Mr Willey if the fees for the licenses can be prorated Mr Willey responded that the months the 90 day extension will cover are the three lowest months in revenue in the keno business Councilmember Mumgaard stated that he understands the frustrations of paying a license fee for a whole year to only cover the 90 day extension to the current agreement However the license fee would allow Papillion Keno Inc to keep operating for the next 90 days and keep earning revenue The license fees can be a matter of negotiations Councilmember Liesveld stated that he has concerns with the situation concerning the keno contract Mr Willey followed the City s keno request for proposal process and now the City is disregarding that process He agrees with Mr Lang that both parties are close to coming to terms on an agreement He asked what can be accomplished in the 6

7 next 90 days that has not already been accomplished It is not fair to make Mr Willey pay a licensing fee when the City may choose not to accept his contract Councilmember Liesveld stated that he does not agree with this resolution Mayor Black provided a recap of the events starting from the City s keno request for proposal process He stated that the City has the right to reject bids submitted He cited examples of the City rejecting bids for Public Works projects On May City Council approved RES R rejecting the keno proposal That resolution permitted the Keno Ad Hoc Committee to negotiate with all interested parties including Mr Willey Based on the current contract expiring on June the game of keno will end unless the contract is extended The City does not want to shut the game down and this resolution will allow the extension of the game for 90 more days Councilmember Engberg agreed with Mayor Black s comments and reminded Councilmember Liesveld that on May the Keno Ad Hoc Committee was directed by the full council to continue negotiations with all interested parties Since that time Mr Willey was informed that if he would like to be an interested party then discussions would continue The Keno Ad Hoc Committee met with him last week The Keno Ad Hoc Committee City Council and the Mayor would all like to see the game continue to keep the revenue coming in and to continue negotiations The extension is a good idea for everyone Councilmember Liesveld stated that he understands and that he voted in favor of RES R to reject the keno proposal He asked if the extension is not approved is there anyway the City can avoid a lapse in the game Mayor Black responded that the Keno Ad Hoc Committee is currently working with all interested parties to refrain from a lapse in the game This resolution does not address that issue only the 90 day extension to the current contract Councilmember Liesveld commented that he still does not understand what good the 90 day extension will do The Keno Ad Hoc Committee could continue negotiations with Mr Willey and agree upon a new contract by June when the contract expires Mayor Black responded that the committee is currently in negotiations and if this resolution does not pass the contract will expire on June This resolution will allow a 90 day extension to the current agreement and allows the current operator 90 more days of revenue while the final details of the agreement are being negotiated Councilmember Liesveld stated that he still does not agree with a 90 day extension and is still inclined to vote against it Councilmember Mumgaard stated that negotiations with Mr Willey on the game of keno have come a long way The extension will allow more time for both parities to consider more items to negotiate He would like to provide Mr Willey the opportunity to keep talking Committee and this resolution allows that with the Keno Ad Hoc Upon roll call vote Florance Mumgaard Glover Jaworski Kluch Stubbe and Engberg all voted yes Voting no Liesveld Motion carried ADMINISTRATIVE REPORTS Committee Resorts None forthcoming Comments from the Floor None forthcoming 7

8 Comments from Mayor and Council Mayor Black gave an update on his events 1 Attended the Market Faire in City Park It occurs every Wednesday during the summer 2 Met with Wayne Bena Sarpy County Election Commissioner in regards to Glenwood Hills and that area will be part of Ward III 3 Welcomed the community to commencement of this year s Starlight Movie Series at the Sumtur Amphitheater on Friday night 4 Attended a pancake feed fundraiser to benefit lymphoma The event was sponsored by Papillion Volunteer Fire District Inc and was held at Papillion Fire Station1 5 Attended the retirement ceremony for Principal Jim Glover at Papillion La Vista High School 6 Participated in a budget discussion with management exempt employees and union representatives 7 Welcomed the Papillion community to the commencement of the Swinging in Summer Concerts at the Sumtur Amphitheater on Thursday evening 8 Attended the Mayor s Luncheon and Parade during La Vista Daze Mayor s Duathalon registration is still open this week and the event is June ADJOURNMENT Motion to adjourn by Councilmember Liesveld second by Councilmember Kluch Upon roll call vote Florance Mumgaard Liesveld Glover Jaworski Kluch Stubbe and Engberg all voted yes Voting no none Motion carried Meeting adjourned at742 PM CITY OF PAPILLION DAVID P BLACK MAYOR Attest E Eliza McCarty City er SEAL OF pap1l Ip Vir PrF VO 4Y9 Z NEBRPS 8