PAPILLION CITY COUNCIL MINUTES. TUESDAY, FEBRUARY 3, 2015 (cd- 7: 00 P. M.

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1 II M I N U T E R E C O R D PAPILLION CITY COUNCIL MINUTES TUESDAY, FEBRUARY (cd- 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 City Administrator Dan Hoins, 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, Acting Chief of Police Chris Whitted, Director of Golf Maintenance Tom James, Recreation Director Lori Hansen, Finance Director Nancy Hypse, Library Director Robin Clark and Parks Director Tony Gowan. 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: City Administrator Dan Hoins gave an update on the following: ( 1) The confirmation of the Police Chief is on tonight's Agenda. If approved, an open house and swearing in ceremony will take place on March 2, 2015; ( 2) Phase II of the 84th Street project from Schram Road to HWY 370 will begin on March 1, Notices will be sent to residents and businesses; and ( 3) Union negotiations continue with all three bargaining units. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the Minutes from January 20, 2015, City Council Meeting; ( 3) Approval of the bills as presented: ( 4) RES. R A resolution to approve the temporary use of State HWY N- 85 ( Washington Street) from the E. Halleck Street intersection to the Cornhusker Road/ 6th Street intersection on June 20, 2015, from 1: 30 PM to 5: 00 PNI for the Papillion Days Parade Brian Craig ; ( 5) RES. R A resolution to approve the reappointment of Mike Mallory to the Board of Adjustment for a three ( 3) year term from 2015 to 2018 Introduced by Mayor David P. Black, Staff Report by Mark Stursma RES. R A resolution to approve the reappointment of Rebecca Hoch to the Planning Commission for a three ( 3) year term from 2015 to Introduced by Mayor David P. Black, Staff Report by Mark Stursma ( 7) RES. R A resolution to approve the 1

2 reappointment of Howard Carson to the Planning Commission for a three (3) year term from 2015 to Introduced by Mayor David P. Black, Staff Report by Mark Stursma Motion to approve the Consent Agenda by Councilmember Kluch, second by Councilmember Gaines. 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. BILLS: AA Wheel & Truck Supply Inc: $ / supplies; Action Batteries Unlimited Inc: / supplies; Advanced Office Automation, Inc: $ / service; AFLAC: $ payroll deduction; Alamar Uniforms: $ / supplies; All Flags, etc.: $ / supplies; Alley Poyner Macchietto Architecture PC: $ 5, / service; American Underground Supply: $ / supplies; Anderson Industrial Eng Co, Inc: $ / supplies; Andrew Sherman: $ 1, / reimbursement; Armored Knights, Inc.: $ / service; ArtFac Graphics, LLC: $ / service; ASAP Appliance Repair, Inc.: $ / service; Asphalt & Concrete Materials Co.: $ / supplies; Baker & Taylor: $4, / books; Batteries Plus 074: $ / supplies; Bellino Fireworks: $ 2, / easement; Better Business Equipment: $ / supplies; Black Hills Energy: $8, / natural gas; Blue Cross Blue Shield: $ 213, / insurance; Brentwood Auto Wash, LLC: $ service; Brite Ideas Decorating, Inc.: $ 2, / supplies; Cavendish Square: $ books; CED/Automation - Omaha: $ / supplies; Cintas Corporation 749: $ service; CIT: $ / service; City Of Omaha Cashier: $ 170, / service; City Of Papillion: $ 6, / payroll; Coca- Cola Refreshments USA, Inc.: $ merchandise; Colonial Life Insurance Co: $ / payroll deduction; Constellation: 7, / utilities; Control Services Inc: $ / service; Cornhusker International Trucks: $ / supplies; Cox Business Services LLC: $ / utilities; Cummins Central Power, LLC: $ / service; Curbside Rewards, LLC: $ / service; Cybergolf: $ / service; Cypress Benefit Administrators, LLC: $ / fees; Dan Hoins: $ / reimbursement; Depository Trust Company: $ 66, / payment; Dex Media East, Inc: $ / service; DHHS - Department of Health and Human Services: / license; Diamond Marketing Solutions: $5, / service; Diamond Vogel: / supplies; Douglas Products & Packaging LLC: $ / supplies; Echo Group: 1, / supplies; Echoes Softball: $ 1, / refund; Exchange Bank: $ 1, lease; Farmers Union Co- Operative Assn.: $ / supplies; Feld Fire: $ supplies; Felsburg Holt & Ullevig: $ 4, / service; Fidelity Real Estate Company: 159, / payment; FIREPAC: $ 1, / payroll deduction; First National Bank: 15, / insurance; First National Technology Solutions: $5, / service; Fraternal Order Of Police: $ 1, / payroll deduction; Front Range Fire Apparatus: Hasler: $ / postage; G & K / parts; FSCI: $ 2, / service; Funds by Services - Omaha: $ / supplies; Gale/CENGAGE Genworth Life & Annuity Learning: $ / books; Ins Co: $ / payroll deduction; Gilmore Bell PC: $ 9, service; GP Sift: $ 2, / license; Hach Company: $ / supplies; Haney Shoe Store, Inc.: $ / supplies; Hawkins: $ 4, / supplies; HDS White Cap Construction Supply: $ / supplies; Heartland Pest Control Inc: $ / service; Helget Gas Products Inc: $ / supplies; Hi- Line, Inc: $ / supplies; Hockenbergs: $ / supplies; Home Depot Credit Services: $ / supplies; 2

3 Honeyman Rent-All: $ / supplies; Hornung' s Golf Products, Inc.: $ merchandise; Host Coffee Service Inc: $ / supplies; Ideal Pure Water: $5. 35 supplies; IdentiSys, Inc: $ / supplies; Ingram Library Services, Inc.: $ books; Jeff Jones: $ / reimbursement; Jochim Precast Concrete: $ 3, service; Kriha Fluid Power Co., Inc.: $ / supplies; Kriz-Davis Company: $ supplies; LaRue Coffee: $ / supplies; Lowe's Business Account: $ / supplies; Lueder Construction Company: $ 394, / service; MAPA: $ / supplies; Mark Stursma: $ 2, / reimbursement; Max I Walker: $ / service; Menards: $ supplies; MetLife Small Business Center: $ 17, / insurance; Metropolitan Utilities District: $ / utilities; Michael Todd & Company, Inc.: $ 1, / supplies; Michelle Wehenkel: $ / reimbursement; Midlands Printing & Business Forms: $ supplies; Midwest Tape: $ / audio; Midwest Turf& Irrigation: $ 4, / supplies; Miller Press: $ / supplies; MMS - A Medical Supply Company: $ / supplies; MNJ Technologies Public Sector: $ 2, / supplies; Napa Auto Parts: $ supplies; Nebraska Air Filter, Inc.: $ / supplies; Nebraska Code Officials Association: $ / training; Nebraska Department of Revenuer $ government; Nebraska Fire Admin Assistants: $15.00 / membership; Nebraska- Iowa Industrial Fasteners: $ / supplies; Network Craze Technologies, Inc: $ supplies; NMC Exchange: $ 1, / supplies; OCLC, Inc.: $ / supplies; Omaha Compound Company: $ 2, / supplies; Omaha Public Power District: $ 1, Auto Parts: $ / supplies; Papillion Professional Fire Fighters: electricity; O' Reilly / payroll deduction; Papillion Times: $ / service; Payroll Maxx, LLC: 433, / payroll; PCEA: $ / payroll deduction; Performance Ford: $ parts; Personnel Committee: $ / employee fund; Pinnacle Bank: $ 2, service; PMAM Corporation: $ / service; Police & Firemen' s Insurance Association: $2, / payroll deduction; Praxair Distribution Inc: $ / supplies; Professional Management Coaching: $ / training; Public Agency Training Council: / training; QP Ace Hardware: $ / supplies; Quality Brands of Omaha, Inc: / merchandise; Quill Corporation: $ / supplies; R & R Holdings, LLC: / service; R. L. Craft Co., Inc.: $ / service; Random House LLC: $ books; RDO Truck Centers: $ / parts; Recorded Books LLC: $ / supplies; Reiman Publications: $ / books; Robin Clark: $ / reimbursement; Rocky Leming: $ / reimbursement; Rotella's Italian Bakery: $ / supplies; Sapp Bros., Inc: $ 1, / fuel; Shamrock Concrete Company: $ 1, / supplies; Sioux City Foundry Co: $ / supplies; Snell Heating & A/C: $ / service; Superior Signals Inc: $ / supplies; Swanson Gentleman Hart, Inc: $ / service; Target 7720: / supplies; The Omaha World Herald: $ 8.20 / service; The Shopper, Inc.: $ supplies; The UPS Store : $ / service; Thompson Dreessen & Dorner, Inc: 2, / engineering; Thomson Reuters: $ / periodicals; Thorpe's Body Shop: / service; Tim Moran: $ / reimbursement; Titleist: $ / merchandise; Turfwerks: $ / supplies; Tyco Integrated Security: $ / service; Union Shop Apparel Inc: $ / supplies; US Foods, Inc: $ / supplies; Utility Equipment Company: $ / supplies; Van Wall Equipment: $ / supplies; Vanguard Cleaning Systems of Nebraska: $ 1, / service; Verizon Wireless: $ / utilities; Vierregger Electric Company, Inc.: $ / service; Voya Financial Fire: $ 24, payroll pension; Voya Financial: $ 48, / deferred comp; Walmart Community: 3

4 / supplies; Wanda Butts: $ / reimbursement; Washington National Insurance Co.: $ / insurance; Weldon Parts Omaha: $ / parts; Wells Fargo Financial Leasing: $ / service; Winchester Cleaning: $ / service; Windstream: 1, / service; ZirMed, Inc: $ / service; Zoll: $ 1, / supplies. BILLS TOTAL: $ 1, 692, ORDINANCES FIRST READING: ORD An ordinance of the Mayor and City Council of the City of Papillion. Nebraska to amend the City of Papillion, Nebraska Police Pension Plan and Trust; to authorize further actions: and to provide for repeal of conflicting ordinances, severability and the effective date hereof. Introduced by Councilmember Engberg. Mayor Black requested that the public hearing for ORD be heard after item F4. RES. R No objections were made. ORDINANCES THIRD READING AND RESOLUTIONS: RES. R A resolution to approve the appointment of Scott Lyons as the Chief of Police and compensation Memorandum of Understanding Mayor David P. Black Motion to approve RES. R by Councilmember Engberg second by Councilmember Kluch. Mayor Black called for proponents and opponents. Proponents: Mayor Black provided background on the search process for the Police Chief. He then discussed three deciding factors: ( 1) Mr. Lyons is from Lee Summit, MO which experienced growth at a fast rate similar to Papillion; ( 2) Lee Summit is located near a metropolitan area similar to Papillion; ( 3) Mr. Lyons is a graduate of the FBI Academy and the Lee Summit Police Department is CALEA accredited to which Mr. Lyons handled the process. He mentioned the promotion of Chris Whitted to Deputy Police Chief and believes this team will lead the Police Department into the future. Scott Lyons introduced his family in background on his law enforcement career. attendance at the meeting. He then provided Len Houloose, 651 Caribou Circle, commented on his involvement in the search process for the Police Chief. He commended the Civil Service for providing the top three candidates. Mr. Houloose visited with the Lyons family in Lee Summit and also feels that city is similar to Papillion. He favors both the selection of Scott Lyons as the Police Chief and Chris Whitted as the Deputy Chief. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Motion carried. RES. R A resolution to approve applications for the 2015 Summer Fireworks Season ( June 25th through July 4th) Elizabeth Butler ; ( 1) Bellino Fireworks Don Bellino ( profit 18 years consecutively); (2) Michael J. Hogan ( profit 18 years consecutively); ( 3) Stannard Fireworks Joe Chase ( profit 18 years consecutively); (4) St. Columbkille Shepherds Arlin Hunter ( non- profit 4

5 18 years consecutively); (5) Sarpy County Swim Club Todd Aerni ( non- profit 15 years consecutively); (6) Echoes Softball Sam Sortino ( non- profit 15 years consecutively); (7) Tangier Shrine Center Gary Unger ( non- profit 13 years consecutively); (8) Papillion/ La Vista Optimist Fred Uhe ( non- profit 12 years consecutively); (9) Papillion Spirit Football Leigh Jochimsen ( non- profit 9 years consecutively); ( 10) American Legion Post # 32 Wes Fulton ( non- profit 9 years consecutively). Motion to approve RES. R by Councilmember Jaworski, second by Councilmember Glover. 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. RES. R A resolution to approve an agreement with B. H. I. Development, Inc. for the construction of Lincoln Road between 108th Street and 114th Street, north of Kingsbury Hills (SID 275) subdivision Chris Myers Motion to approve RES. R by Councilmember Kluch, second by Councilmember Stubbe. 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. RES. R A resolution to approve the Third Amendment to the Kingsbury Hills (SID 275) Subdivision Agreement Mark Stursma Motion to approve RES. R by Councilmember Jaworski, second by Councilmember Stubbe. 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. ORDINANCES SECOND READING: ORD An ordinance to amend Chapter 9, Article I and Article II of the Papillion Municipal Code to provide for the establishment of a Nebraska Revised Statutes Chapter 16 Library; Library Board of Advisors; Library Director; Meetings, Organizations, Keeping of records, Duties of Library advisors; to amend Chapter 130 of the Papillion Municipal Code to be consistent with the adoption of a Chapter 16 Library; to repeal Chapter 9 Article && 9-3, 9-4, and 9-5, and Chapter through in their entirety as previously enacted; and to provide for an effective date. Mayor Black called for proponents and opponents. He noted that testimony will be heard for ORD as presented, as well as, the amendment submitted by Councilmember Mumgaard. Neutral: Gene Pfhal, 1915 Peterson Drive, stepped forward on behalf of the Historical Downtown Papillion Business Association. He mentioned that the Library joined the business association and is actively involved in the community. He questioned if a change from a governing board to an advisory board is necessary. He requested that the ordinance not change the Library' s programs and community involvement. 5

6 Opponents: Wanda Butts, 717 Phila Plaza, identified herself as a resident of Papillion and employee at Sump Memorial Library. She asked for clarification on what the Library is doing wrong and discussed the submittal of the Library's Personnel Manual to the City in November She commented on the Papillion Times articles that caused citizens to question the Library staff. She expressed her opinion that the ordinance is being rushed and that the City does not value the Library Board or employees. The Library staff cares about the users and follows the Library Code of Ethics. The Library also receives positive attention in the City and the State Library Association. She then provided statistics about Library circulation Library. She also pointed out that the Mayor appointed the Library Board members with Council approval. The Library Board then hired the Library Director. She observed that the City ultimately has control over the Library as exhibited during the budget process. She then commented on the resignation of the Library Director Robin Clark. She asked Councilmembers if they have ever visited the Library or attended one of their programs. Morgan Bowen, 820 Arlene Avenue, discussed the Library' s programs and their impact on her daughter's early education. She feels that the Library has supported her family and believes the Library belongs to the community and not the City government. Susan McCalman, 1008 Shady Tree Lane, stepped forward and stated that she was the most recent appointment to the Library Board. City Attorney Karla Rupiper raised a Point of Order to address and avoid a potential violation of the Open Meetings Act. She noted that all five Library Board members were present at this meeting and Ms. McCalman stepped forward and identified herself as a Library Board member preparing to discuss business. She explained that the Library Board is a public body that is subject to the Open Meetings Act. After research and review of case law Library) the Library Board must either sit in silence or dissolve the quorum to speak because the Library Board did not publish notice of a Library Board meeting. Mayor Black clarified that either a full quorum of the Library Board can attend the meeting if no one speaks or members of the Library Board can speak if a quorum is not present. Ms. Rupiper confirmed and stated those are her recommendations to the Library Board. Councilmember Mumgaard questioned if the Library Board members surrender their rights to speak as citizen by serving on the Library Board. Ms. Rupiper responded that all of the Library Board members could speak if they had published a notice of meeting for the Library Board. She advised that this is her determination after reviewing a determination letter from the Nebraska Attorney General' s Office. Councilmember Mumgaard asked if the determination letter distinguishes a meeting of the Library board from individual members of the board participating in public business. He admitted that he had not read the determination letter but questioned how serving on an appointed board could be cause to give up one's right to speak as a citizen. He expressed that this is the complete opposite of what the act is trying to accomplish. He then asked what entity would be in violation of the act. Ms. Rupiper responded that the 6

7 Library Board would be in violation, but that both entities could potentially be in violation and therefore she is cautioning against it. Councilmember Mumgaard asked for further instruction to avoid a violation. Ms. Rupiper reiterated her suggestions that either the Library Board to sit and listen or eliminate the quorum if members wish to speak. Councilmember Mumgaard expressed his opinion that the Library Board would be in violation and not the City Council. Mayor Black clarified that the Library Board is a public entity so the liability would still be with the City. Councilmember Mumgaard then questioned the penalty for violating the act. Ms. Rupiper responded that the penalty depends on the violation. She mentioned that a quorum of the Civil Service Commission was present for the Police Chiefs confirmation and she would have addressed them if they spoke. Councilmember Mumgaard commented on the Open Meetings Act and then stated that the Library Board must decide. He asked if the Library Board was notified of this research in advance of the meeting. Ms. Rupiper stated that the Library Board was not notified prior to the meeting because she was in the process of gathering information. Councilmember Mumgaard stated that the City should not ambush the Library Board with this information at a public meeting but should allow them time. He asked when he could make a motion to table the public hearing until a later date. Councilmember Jaworski asked if the Open Meetings Act requirement would be satisfied if the Library Board members spoke as citizens. Ms. Rupiper responded that it would not be met because a quorum of the Library Board would be present. Councilmember Stubbe asked if it would be sufficient for three members to leave the meeting and switch out speakers so a quorum is never present. Ms. Rupiper responded that the Nebraska Attorney General' s Office has not ruled on that scenario. She then expressed concerns about that approach. Councilmember Mumgaard asked Ms. McCalman how many Library Board members were present. Ms. McCalman responded four( as one member had just left). Ms. Rupiper pointed out that one of the details of the determination letter was that one public body interacting with another public body triggered the violation. She indicated that she was happy to assist in finding a solution. Motion for a five minute recess by Councilmember Mumgaard, second by Councilmember Stubbe. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Motion carried. Mayor Black called for a recess at 7: 55 PM. The meeting reconvened at 8: 00 PM. Motion to continue ( table) the public hearing to the 17, 2015, City Council meeting by Councilmember Mumgaard. Motion failed due to a lack of a second. 7

8 Two more members of the Library Board left City Council Chambers to eliminate the quorum leaving only two members of the Library Board present. Mayor Black then announced that a quorum of the Library Board was no longer present. Susan McCalman, 1008 Shady Tree Lane, continued speaking as an opponent. She indicated that she would have appreciated prior communication regarding the Open Meetings Act concerns to better prepare for this meeting. She then addressed her concerns with the ordinance including the LibraryLibrary Personnel Manual submitted in November 2013, intellectual materials and the dismissal of the LibraryLibrary Director position. She feels the relationship between the City and Library is strained. She expressed frustrations regarding the issue of transparency identified in the staff report. Library Board meetings are open to the public and budget line items are often discussed. She stated that she wants transparency for the Library and wants the Council to be proud of it. She requested, in the spirit of cooperation, to support the amendment presented by Councilmember Mumgaard. Steven Kryger, 1215 Cork Drive, stepped forward and identified himself as a resident and member of the Library Board. He stated that he accepted this appointment three years ago because he felt a duty and obligation as a citizen to serve the community. He stated that he feels that same duty and obligation to ensure the Library remains independent. He questioned if an advisory board will enhance the quality of the Library. He also clarified some concerns about the Library including: ( 1) The Library Board is currently a governing board and operates under Nebraska Rev. Stat. Chapter 51; ( 2) The City Council could have approved the personnel manual submitted by the Library Director or sent it back with changes; and ( 3) ORD is not a hybrid of an advisory board and governing board because the City will govern and manage all employee issues and financial matters. He then stated ORD provides the City with the ultimate right to override all Library Board decisions including intellectual materials. He expressed concerns should the City Council change to be ultra conservative or liberal. He noted that the amendment presented by Councilmember Mumgaard offers compromise. He requested the independence of the Library remain, as it is different from other departments. Jane Nielson, 2202 Glenwood Avenue, stated that she spoke with Councilmembers regarding this issue. She supports the Library and first joined when she moved here. She does not feel that materials should be linked to politics. She too supports the amendment presented by Councilmember Mumgaard. Mayor Black mentioned that Ms. Nielson was just elected as President of the Friends of the Library. Becky Sims, 2003 Dana Lane, mentioned that she is a professional librarian and worked at the Offutt Library. Offutt did not have a Library Board but rather had military volunteers. She explained that it worked because the volunteers were committed to learning how a Library operates. She asked Council if they were willing to learn how a Library operates and study Library ethics. 8

9 Tom Mumgaard, City Council representative for Ward IV, 1216 Cork Drive, approached the podium to discuss his amendment. He stated that the amendment addresses the financial and personnel concerns raised by some Councilmembers. His proposed amendment includes changes to the hiring and firing of the Library Director that follows a process similar to that of the Police Chief. Also he proposed to change some of the language regarding the intellectual collection to better explain what that entails. He also eliminated language that allows the City Council to override Library rules and regulations. Richard Miller, 2420 S 38th Street, ( Lincoln), Library Developer Director for the Nebraska Library Commission, stepped forward and addressed his concerns with LB 470 that was approved in He explained that the bill was introduced at the request of the League of Nebraska Municipalities. After the bill was passed, the Nebraska Library Association worked to create a template for libraries to avoid liability issues. He explained that the Nebraska Library Association works to serve the state and is not beholden to its members. He does not think changing the Library Board to advisory will solve liability issues. Mike Mallory, 1116 S Grandview Avenue, commented on his support of the Library. He asked the Council to do what is best for both the City and the Library. David Strabbing, 2112 Crest Ridge Drive, commented on the programs at the Library and their positive impact on his child. He complimented the Library staff and questioned why a successful enterprise should be changed. The Library has experienced little turnover since the 1970s. No one else came forward and the public hearing was closed. Councilmember Florance stated that he will not be in attendance at the 17, 2015 meeting and he would like to vote on this item tonight. Motion to waive the third ordinance reading for ORD by Councilmember Florance, second by Councilmember Glover. Council discussion: Councilmember Mumgaard stated that he does not favor waiving any ordinance readings. He explained that the three ordinance readings assist Council in considering the views of citizens. He asked that the vote be delayed. Councilmember Mumgaard presented a substitute motion to table the third ordinance reading for ORD to the March City Council meeting. Motion failed due to a lack of a second. There being no further discussion on the motion to waive the third ordinance reading for ORD a vote was taken. Upon roll call vote, Florance, Gaines, Glover, Jaworski, Kluch and Engberg all voted yes. Voting no: Stubbe and Mumgaard. Motion carried. 9

10 Motion to amend ORD as presented with the ordinance by Councilmember Mumgaard, second by Councilmember Glover. Council discussion: Councilmember Stubbe stated that he does not support all of the changes presented in the amendment but supports one of them. Mayor Black clarified that a vote should be taken on the amendment and depending on the vote outcome, another amendment could be presented. Upon roll call vote, Mumgaard voted yes. Voting Jaworski, Kluch, Stubbe and Engberg. Motion failed. no: Florance, Gaines, Glover, Councilmember Stubbe stated that he favors everyone being under the same personnel policy. However, he expressed concerns with the change in regards to intellectual content as presented in 9-4( C). Motion by Councilmember Stubbe, second by Councilmember Mumgaard to strike the last sentence in Sections 9-4( C) and and replace it with, " The City shall have the authority ( 1) to override any rules, regulations, and policies established by the Board, with the exception of the Board' s selection of the intellectual collection, and ( 2) to place reasonable place and manner restrictions on Library books and materials, including the Internet, to protect children." Council discussion: Councilmember Florance commented on the connection between the City and Library. The Library is supported by taxpayer money and will always be linked to the City; therefore, liability issues will impact the City. He stated that an advisory board provides an opportunity for both the City and Library to work together. He stated that some language in the ordinance needs to be changed so that the intellectual properties are not compromised. Councilmember Glover commented that the City and Library should work together to draft rules and regulations that are acceptable for both parties. Upon roll call vote, Mumgaard and Stubbe both voted yes. Voting no: Florance, Gaines, Glover, Jaworski, Kluch and Engberg. Motion failed. Motion by Councilmember Florance, second by Councilmember Jaworski to amend the last sentence of Sections 9-4( C) and to read, " The City shall have the authority to override any rules, regulations, and policies established by the Board, with the exception of the Board' s selection of the intellectual collection, including the Internet, to protect children." Council discussion: Councilmember Mumgaard expressed concerns with this amendment. He stated that Council will still have authority to override where a book is displayed. Councilmember Florance responded that the placement of books could be abused by either the Board or the Council and therefore everyone needs to have good 10

11 intentions. Councilmember Mumgaard replied that the difference between the Library Board and City Council is appointment versus election. Motion by Councilmember Mumgaard, second by Councilmember Gaines for a substitute motion to the amendment presented by Councilmember Florance to amend the last sentence of Sections 9-4( C) and to read, " The City shall have the authority to override any rules, regulations, and policies established by the Board, with the exception of the Board' s selection of the intellectual collection, and displays or presentations. The City shall have the authority to place reasonable place and manner restrictions on internet use to protect children." Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski and Stubbe all voted yes. Voting no: Kluch and Engberg. Motion carried. A vote was then taken on ORD as amended. Upon roll call vote, Florance, Gaines, Glover, Jaworski Kluch, Stubbe and Engberg all voted yes. Voting no: Mumgaard. Motion carried. Mayor Black made a point of clarification that the motion and second to approve ORD as amended was absent. Motion by Councilmember Jaworski second by Councilmember Glover to approve ORD as amended. A vote was then retaken on ORD as amended. Upon roll call vote, Florance, Gaines, Glover, Jaworski Kluch, Stubbe and Engberg all voted yes. Voting no: Mumgaard. Motion carried. ADMINISTRATIVE REPORTS: Committee Reports: Councilmember Engberg commented on the 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 the interview process for the Chief of Police finalists; ( 2) Mayor Black and Dan Hoins attended a meeting with Commissioner Kelly from Sarpy County; ( 3) Mayor Black and Dan Hoins attended a United Cities of Sarpy County meeting; and ( 4) Mayor Black and Dan Hoins met with the Lyons family and introduced them to staff at the Police Department. ADJOURNMENT: Motion to adjourn by Councilmember Gaines, second by Councilmember Kluch. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Motion carried. Meeting adjourned at 9: 14 PM. 11

12 CITY OF PAPILLION DAVTD P. BLACK, MAYOR ATTEST: G\ G F oqp RP R.9 s ELIZAB H B OTErk, CITY CLERK SEAL) s. AL 9y918. ' FeRASKP 12