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PAPILLION CITY COUNCIL MINUTES

TUESDAY, JULY 1, 2014 Cad 7: 00 P. M.

The City Council of the City of Papillion met in open and public session at Papillion City Hall on July 1, 2014, at 7: 00 PM. City Clerk Elizabeth Butler called the roll. Present were Councilmembers

Troy Florance,

Ann Kluch, Bob Stubbe, Steve

Tom Mumgaard, Jason Gaines, Gene Jaworski, Lu

Engberg

and

Mayor David P. Black. Councilmember

James Glover was absent. 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, Police Chief Len Houloose, Director of Golf Maintenance Tom James,

Finance Director Nancy Hypse and Parks Director Tony Gowan. Mayor Black led those present in the Pledge of Allegiance. Affidavit

Publication:

of

designated

method of

Notice of the meeting was given in the Papillion Times, the notice. A copy is available in the office of the City Clerk.

giving

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. Presentation: Mayor Black Department

1994.

since

recognized

Tim Koca, part time employee for the Parks

Parks Director Tony Gowan than thanked Mr. Koca for his

work.

ADMINISTRATOR' S REPORT: City Administrator Dan Hoins gave an update on the following: ( 1) The 2014-2015 City budget should be distributed to Council by July 16, 2014

and

made

available

to the

on

public

Department Budget Review Committee

August 1,

met to review the

2014.

In

addition,

the Fire

fire budget; ( 2) The Papillion

Civil Service Commission met and selected a consulting company to manage the replacement of

retiring Police Chief Len Houloose; ( 3)

The City fitness challenge ended

on June 30, 2014. City Engineer Jeff Thompson was the overall winner. A recognition luncheon will be held on July 10, 2014. CONSENT AGENDA ITEMS: ( 1) Approval of

as

of

the

agenda as presented; ( 2)

Approval

the Minutes from June 17, 2014, City Council Meeting; ( 3) Approval of the bills presented;

Agreement R14- 0104 -

with

( 4)

RES.

R14- 0006 -

A

resolution

to

approve

an

Interlocal

Sarpy County for I. T. Services — Dan Hoins — 597- 2029; ( 5) RES.

A resolution to approve a Special Designated Liquor License for a Sip & Walk event at WE Thing Country, 134 N Washington

Twisted Vine for

July 24, 2014, from 6: 00 PM — 9: 00 PM — Elizabeth Butler — 597- 2021; ( 6) RES. R14- 0105 - A resolution to approve a Special Designated Street, Suite 100 F.

on

1

July

1, 2014

a Sip & Walk event at Papillion Flower Patch, July 24, 2014, from 6: 00 PM — 9: 00 PM - Elizabeth

Liquor License for Twisted Vine for

105 S Washington Street,

on

A resolution to approve a Special a Sip & Walk event at Kaioma' s Boutique, 104 E 1st Street, on July 24, 2014, from 6: 00 PM — 9: 00 PM - Elizabeth Butler — 597- 2021: ( 8) RES. R14-0107 - A resolution to approve a Special Butler — 597- 2021; ( 7)

RES.

R14- 0106 -

Designated Liquor License for Twisted Vine for

a Sip & Walk event at Sawdust Factory. 134 N Washington Street, on July 24, 2014 from 6: 00 PM — 9: 00 PM — Elizabeth Butler— 597- 2021; ( 9) RES. R14- 0108 - A resolution to approve a Special Designated Liquor License for Twisted Vine for a Sip & Walk event at Dingman' s Collision Center, 307 S Washington Street, on July 24, 2014 from 6: 00 PM — 9: 00 PM — Elizabeth Butler —597- 2021: ( 10) RES. R14- 0109 - A resolution to approve a Special Designated Liquor License for Twisted Vine for a Sip & Walk event at

Designated Liquor License for Twisted Vine for

Photo Art By Kim, 134 N Washington Street,

on

July 24, 2014 from 6: 00 PM — 9: 00

PM — Elizabeth Butler —597- 2021; ( 11) RES. R14- 0110 — A resolution to approve

the appointment of Susan McCalman to the Library Board of Trustees for a four year term from July 2014 to July 2018 — Introduced by Mayor David P. Black, Staff Report by Elizabeth Butler — 597- 2021; ( 12) RES. R14- 0111 — A resolution to

approve the reappointment of Jacquelyn Wilson to the Library Board of Trustees a four year term from June 2014 to June 2018 - Introduced by Mayor David P.

for

Black, Staff Report by Elizabeth Butler —597- 2021. Motion to approve the Consent

Agenda by Councilmember Kluch, second by Councilmember Jaworski. Councilmember Mumgaard

removed

item C( 11)

RES. R14- 0110 from the Agenda. Mayor Black called

for proponents and opponents.

Proponents: Kim Ahlers and Bill Ehegartner, Papillion Historical Downtown Business stepped forward as representatives for items C( 5) to C( 10). Ms. Ahlers

Association,

July 24, 2014. She mentioned that participants can purchase tickets in advance. She then explained the steps that will be explained

taken to

the

Sip &

adhere

Walk

event

planned

for

to the Nebraska Liquor Control

Commission

laws.

Mr. Ehegartner

added that this event will train individuals stationed at each location to serve wine. He

also mentioned Twisted Vine has submitted a catering liquor license application to the state.

Council discussion: Councilmember Mumgaard commented on the recommendation to waive the occupation tax for each of these applications. Mayor Black explained that

Twisted Vine has applied for a catering liquor license. Therefore, knowing the intent, there is a recommendation to waive this fee. Councilmember Mumgaard noted that he

will support the waiver because the event promotes the City and not because of the pending catering liquor license

application.

Mayor Black mentioned that surrounding

cities have done similar events where the city applied for the licenses. Upon roll call vote, Florance, Mumgaard, Gaines, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Absent: Glover. Motion carried.

2

July

1, 2014

A resolution to approve the appointment of Susan McCalman to the Library Board of Trustees for a four year term from July 2014 to

C01)

RES.

R14- 0110 -

July 2018 - Introduced by Mayor David P. Black, Staff Report by Elizabeth Butler

597-2021. Motion to approve RES. R14-0110 by Councilmember Gaines, second by Councilmember Mumgaard. Mayor Black called for proponents and opponents.

Proponents: Susan McCalman, 1008 Shady Tree Lane, stepped forward and introduced herself. Mayor Black noted Ms. McCalman has lived in the community for a long time and owns a small business. Councilmember Mumgaard noted that he has worked with

Ms. McCalman on a community event and feels she is a great fit for this appointment. Upon roll call vote, Florance, Mumgaard, Gaines, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Absent: Glover. Motion carried. BILLS: 389- Praxair Distribution Inc: $ 142. 19 /

30. 00 /

AAA Rents &

supplies;

AA Wheel & Truck Supply Inc: 119. 55 / rental; Abante Marketing:

supplies;

Events Services: $

249. 06 / service; ABM Janitorial - North Central, Inc: $ 2, 883. 94 / service; Adams Golf, LTD: $ 32. 02 / merchandise; Advanced Office Automation, Inc: $ 1, 434. 72 / service; AFLAC: $ 454. 08 / payroll deduction; All Phase Electric: $ 1, 400. 00 / service; Alley Poyner Macchietto Architecture: $30, 876. 52 / service; AMCON Distributing Company: $ 1, 402. 79 concessions;

AmeriPride Services, Inc: $ 281. 00 / service; Anderson Comfort HVAC:

539. 00 / service; Anderson Industrial En 9 Co Inc: 39. 00 / supplies; Andrew J. Rivera: Pp 412. 50 / service; Andrew Sherman: $ 2, 698. 75 / reimbursement; Aqua- Chem, Inc: 1, 053. 75 /

Aramark

supplies;

Uniform

Services: $ 670. 97 /

service;

Arctic

Glacier

A- Relief Services Inc: $ 321. 00 / service; Asphalt & Concrete Materials Co.: $ 125. 45 / supplies; Associated Fire Protection: $ 292. 34 service; Attitude on Food, Inc.: $ 1, 463. 20 / service; Baker & Taylor: $ 5, 032. 70 / books; Premium Ice: $ 397. 90 /

supplies;

Bargain Mart Tools: $ 5. 43 / BGNE, Inc: $ 109. 50 /

Better Business Equipment: $ 87. 17 /

supplies;

supplies;

supplies;

Energy: $ 5, 061. 30 / natural gas; Blackburn

Black Hills

Blue Cross Blue Shield: $ 204, 248. 97 / insurance;

Manufacturing Co: $ 197. 44 / supplies;

Bounce U: $ 114. 00 / rental; Brentwood Auto Wash, LLC: $ 7. 00 / service; Car Quest Auto Parts: $ 176. 39 /

supplies;

Homes: $ 3, 315. 73 /

Distributing: $ 4, 382. 55 Group: $ 66. 34

Cash- Wa

refund;

Central

States

/ /

Celebrity Century Link:

merchandise;

supplies;

72. 00 / utilities; Christopher Harlow: $ 250. 00 / service; Cintas Corporation 749: $ 329. 65

CIT: $ 277. 42 /

service;

service;

Omaha Cashier: $ 172, 424. 18/ Center: $37. 51 /

supplies;

City

service;

deduction;

City

City Of

Of Papillion: $ 16, 597. 02 / payroll; CJ' s Home

Cleveland Golf /

Refreshments USA, Inc.: $ 5, 550. 39 / payroll

Of La Vista: $ 35, 819.20 / agreement;

Srixon: $ 47. 42 / merchandise; Coca- Cola

merchandise;

Constellation: $ 529.56 /

Colonial Life Insurance Co: $ 584. 56

utilities;

Cornhusker International Trucks:

Cox Business Services LLC: $ 1, 013. 64 / utilities; Cross Dillon Tire Omaha- West: $ 432. 00 / service; Cummins Central Power, LLC: $ 52. 99 / service; Curbside Rewards, LLC: $ 140. 00 / service; Cypress Benefit Administrators, LLC: 81. 20 /

supplies;

565. 50 / fees; D & service;

Marketing

Dan

K Products: $ 4, 681. 01 /

Hoins: $ 226. 00 /

D& D Communications: $ 491. 00 David Hynek: $ 100. 00 / service; Dell

supplies;

reimbursement;

L. P.: $ 1, 430. 98 / equipment; DEMCO, Inc.: $ 292. 51 / books; Dex Media East,

Inc: $ 398. 93 / service; Diamond

Marketing

Solutions: $ 6, 992. 04 / service; Double K Feed

3

July

1, 2014

Inc: $ 145. 53 / supplies; Douglas

County

Treasurer: $ 762. 50 /

Dr. Vinyl: $ 150. 00

service;

May Nursery & Garden Center: $ 39. 95 / supplies; Eastern Library System: Group: $ 131. 43 / supplies; Emergency Apparatus Maintenance: 1, 653. 00 / service; Emily Horacek: $ 20. 00 / refund; Enchanted Arboretum: $ 25.00 books; Exchange Bank: $ 1, 490. 00 / lease; Factory Motor Parts Co: $ 421. 88 / supplies; Fastenal Company: $ 374. 15 / supplies; Fed Ex Office: $ 25. 14 / supplies; Findaway Earl

service;

120. 00 / training; Echo

World, LLC: $ 26. 15 / books; FIREPAC: $ 1, 198. 50 / payroll deduction; First National Bank: $ 15, 218. 58 / insurance; First National Technology Solutions: $ 5, 489. 60 / service; Fraternal Order Of Police: $ 1, 155. 00 / payroll deduction; Front Range Fire Apparatus: 71. 85 / parts; Fund Ways, Inc.: $ 2, 010. 48 / rental; Funds by Hasler: $ 561. 00 / postage; G & K Services - Omaha: $ 971. 95 / supplies; Gale: $ 1, 028.27 / books; Gallery on the Go: 360. 00 / service; Galls- Quartermaster: $ 267. 33 / supplies; Game Time: $ 14, 209. 32 goods;

GCR Tires &

Genworth Life & 550. 00 /

service;

supplies;

Haney

supplies;

Hertz

Service: $ 571. 86 / supplies; General Code: $ 698. 64 /

Annuity H2 Golf

Ins Co: $ 21. 58 /

Company,

Shoe Store, Inc.: $ 202. 18 / Rental:

Equipment

payroll

LLC: $ 667. 56 /

deduction; supplies;

supplies;

$ 69. 18

/

service;

Welding, Inc.: Company: $ 301. 19

Gretna

Hach

Helget Gas Products Inc: $ 45. 21

supplies;

$ 106. 45

Hibu:

/

service;

Hockenbergs: $ 288. 58 / supplies; Home Depot Credit Services: $ 806.30 / supplies; Host Coffee Service Inc: $ 264. 85 / supplies; Husker Chem Sales: $ 896.64 Accounts Receivable: $ 63. 92 / IDEXX Distribution: $ 424. 80 /

supplies;

supplies;

/ supplies; Hy-Vee Identity Marketing Group: $ 281. 35 / supplies;

ING Fire: $ 23, 117. 87 /

payroll -

pension;

ING:

48, 177. 59 / deferred comp; Ingram Library Services, Inc.: $ 254. 87 / books; Jensen Well Co., Inc: $ 367. 71 / service; John E. Reid and Associates, Inc.: $ 550. 00 / service; Judith

Warren: $ 7. 99/

refund;

Justin R Cavanaugh: $ 420.00

/ service; K Electric Company, Inc.:

708. 00 / service; Kathleen H Wood: $ 200. 00 / sponsorship; Kriha Fluid Power Co., Inc.: 149. 44 / supplies; Kriz- Davis Company: $ 2, 086. 56 / supplies; Kyle Knapp: $ 100. 00

Landscape Forms, Inc: $ 1, 725. 00 / supplies; Lanoha Nurseries, Inc.: $ 2, 370.00 Larry Fasnacht: $408. 46 / training; Laura Jean O' Connor: $ 150. 00 / operations; A. Viscomi- Lathrop: $ 234. 00 / service; Lisa Cuba: $ 100. 00 / service; Logan

service;

supplies;

Lisa

Supply Inc: $ 192. 59 / supplies; Logo Logix Embroidery & Screen: $ 2, 768.00 Long Island Sand & Gravel Co: $ 20, 000. 00 / contract; Lori Hansen: $ 22. 36

Contractors service;

reimbursement;

Loveland Grasspad: $ 162. 00 /

supplies;

Lunch Box Foods: $ 324. 00

food; Mainelli Mechanical Contractor, Inc: $ 659. 37 / service; Marianna Hurst: $ 1, 095. 00 service; Matheson Tri- Gas, Inc.: $ 160. 93 / supplies; Melissa Irvin: $ 33. 25 / refund; Metal Logos and More: $ 1, 014. 60 / supplies; MetLife Small Business Center: $ 16, 185. 60 insurance; Metro Landscape Mat & Recycling: $ 168. 00 / supplies; Metro: $ 436. 00 service;

Metropolitan Utilities District: $ 185. 41 /

268. 50 /

supplies;

Microfilm

Imaging

992. 56 /

audio;

Midwest Turf &

588. 03 /

parts;

MMS -

A

utilities;

Michael Todd &

Systems, Inc: $ 75. 00 /

Irrigation: $ 1, 951. 27 /

Medical

service;

supplies;

Supply Company: $ 120. 81

Company, Inc.: Midwest Tape: Sons Golf:

Miller & /

supplies;

Motorola

Solutions, Inc.: $ 19, 277. 50 / supplies; Mower Doctor: $ 10. 24 / service; Napa Auto Parts: 688. 37 / supplies; NBE Solutions: $ 98. 00 / supplies; Nebraska Golf Association: $ 72. 00

membership; Nebraska Library Commission: $ 656. 27 / dues; Nebraska Public Health: 18. 00 / service; Nebraska- Iowa Industrial Fasteners: $ 98. 00 / supplies; Neuvirth Construction, Inc.: $ 28, 707. 30 / service; NFPA: $ 430. 00 / membership; Nike Golf: 979. 00 / merchandise; NMC Exchange: $ 595. 81 / supplies; Norm' s Door Service, Inc.:

4

July

1, 2014

2, 832. 19 /

Office O ce

service;

Depot,

supplies;

Omaha

256. 48 /

supplies;

13. 94 /

OCLC, Inc.: $ 1, 263. 25 / supplies; Odeys Inc: $ 1, 068. 15 / supplies; $ 343. 58 / supplies; Omaha Compound Company: $ 4, 218. 08 Public Power District: $ 4, 792. 99 / electricity; Omaha Slings Inc:

Inc.:

Company: $ 16. 13 / su; Omaha World Herald: Henry Doorly Zoo: $ 225.00 / service; O' Reilly Auto Parts: Trading Company, Inc: $ 155. 80 / supplies; Papillion Glass &

Omaha Winnelson

Omaha' s

service;

596. 33 / supplies; Oriental

Door

Co.: $ 25. 00 / service; Papillion Professional Fire Fighters: $ 624. 75 / payroll deduction; Papillion Rental, LLC: $ 206. 20 / service; Papillion Sanitation: $ 270. 43 / refuse; Papio Bowl: $ 192. 50 / service; Papio Fun Park: $ 112. 00 / service; Papio- Missouri River NRD: $ 55, 960. 00 / contributions; Payroll Maxx, LLC: $ 498, 574. 79 / payroll; PCEA: 195. 00 / payroll deduction; Personnel Committee: $ 145. 50 / employee fund; Pinnacle Bank: $ 50. 00 / service; Plains Equipment Group: $ 344.30 / supplies; PMAM Corporation: 801. 58 /

Police & Firemen' s Insurance Assoc.: $ 1, 987. 93 / payroll deduction;

service;

Popular Subscription Service: $ 4, 609. 15 / books; Postmaster: $ 220. 00 / service; PPG

Architectural Coatings: $ 639. 00 / merchandise;

Prestige

Flag: $

Premier-Midwest Beverage Co: $ 4, 753. 10

supplies;

164. 24 / supplies; Proquest LLC: $ 1, 230. 00 / subscription;

Omaha, Inc: $ 8, 901. 45 / merchandise; Quill Corporation: $ 299.90 Quality supplies; Rainbow Racing System, Inc: $ 435. 60 / supplies; Random House LLC: 327. 75 / books; Reams Sprinkler Supply: $ 454. 68 / supplies; Rebel Pest Control Inc: 75. 00 / service; Recorded Books LLC: $ 1, 158. 77 / supplies; Rexco Equipment Inc: EAGLE 190. 69 / parts; Richard Heydenreich: $ 24. 06 / reimbursement; RNDC DIVISION: $ 2, 197. 93 / merchandise; FALCON DIVISION: $ 378. 48 RNDC Brands

of

Robin Clark: $241. 61 /

reimbursement; Ross Valve Manufacturing Co, Bakery: $ 512. 56 / supplies; Russ Devries: 00 / Sam' 30. refund; s Club/ GECRB: $ 471. 92 / supplies; Sandy Scharp: $ 35. 00 / refund; Sapp Bros., Inc: $ 15, 387. 74 / fuel; Sarpy County: $ 86. 00 / service; Shamrock Concrete Company: $ 1, 027. 29 / supplies; Shawmark Concrete: $ 129, 368. 52 / service; SherwinWilliams: $ 198. 85 / supplies; Solution One: $ 93. 00 / service; Southern Living Books: 73. 82 / books; Stephen Driscoll: $ 60. 00 / reimbursement; Sterling Distributing 00 / service; 1, 91 / Inc.: $ 440. Haffke 990. merchandise; Steve Plumbing, Company: $ Target 7720: $ 23. 73 / supplies; Taylor Made Golf Company, Inc.: $ 1, 139. 87 merchandise; The UPS Store - 5359: $ 11. 25 / service; Thermo King Christensen: merchandise;

Inc.: $ 419. 10 /

supplies;

267. 73 / supplies; Thomson Reuters reimbursement;

Rotella' s

Thompson

Italian

Dreessen &

Dorner,

West Payment Center: $ 502. 19 /

Timothy

Tour Edge: $ 162. 50 /

J. Bazar: $ 8, 604. 91 /

merchandise;

Tractor

service;

Inc:

$ 5, 984. 00 / engineering;

supplies;

Tim Whalen: $ 476. 00

Titleist: $ 4, 870. 25 / merchandise;

Supply Company: $ 59. 95 / supplies; Trade

Well Pallet, Inc.: $ 1, 400. 00 / supplies; Trees Shrubs And More Inc: $ 33. 43 / supplies; TriTech Forensics: $ 170. 52 / supplies; T-Time Designs, Inc: $ 929. 04 / merchandise; Turf Cars, Ltd: $ 259. 78 / supplies; Turfwerks: $ 30. 82 / supplies; Twin Creek Cinema: $ 435. 00 Underwriters Laboratories Inc.: $ 133. 00 /

service; supplies;

Utility

Equipment

Company:

service;

US Foods, Inc: $3, 588. 79

$ 97. 27 / supplies; Valentinos: $ 411. 00 / food;

Verizon Wireless: $ 206. 85 / utilities; Vessco Inc: $ 3, 790. 36 / supplies; Vierregger Electric

Company,

Inc.: $ 1, 767. 00 /

service;

Visa: $ 1, 611. 85 /

service;

Walmart Community:

Co.: $ 58. 80 / insurance; Waste Weldon Management of Nebraska: $ 410. 96 / service; Parts Omaha: $ 44.20 / parts; Wells Fargo Financial Leasing: $ 257. 54 / service; Western Sand & Gravel Co: $ 204. 65 79.22 /

supplies;

Washington

National

Insurance

5

July

1, 2014

Work Fit, Inc: $ 100. 00 / supplies; Yamaha Golf & Equipment Co, Inc.: $ 900. 00 / supplies; Zimco Supply Co.: $ 105. 00 / supplies; Windstream: $ 1, 816. 08 /

supplies;

service;

ZirMed, Inc: $ 124. 00 / service. BILLS TOTAL: $ 1, 546, 724.68. ORDINANCES FIRST READING: None. ORDINANCES SECOND READING: ORD. 1689 - An ordinance to amend Chapter 92, Article III, Section 15, Subsection A of the Papillion Municipal Code having to do with the adoption of the National Fire Protection Association Life Safety Code 101; to amend Chapter 100 Section 5,

Subsection J of the Papillion Municipal Code having to do with

buildings;

and

to

provide

for

an

effective

unsafe

date thereon. Mayor Black opened the

public hearing and called for proponents and opponents. Opponents: Todd Aerni,

104 Windsor Drive, stepped forward and

addressed his

concerns with this ordinance. He provided a brief history on the fire codes and how they apply to existing structures as well as new structures. He does not favor this as often times when a new code is adopted, existing structures have a grace period in which to comply. In addition, the code proposed before Council were written fifteen years ago and he feels they will directly affect the implementation of the Downtown Business He indicated that it would provide greater flexibility to adopt both the International Fire Code and Life Safety Code simultaneously. He then cited examples of

Guidelines.

other cities in Nebraska with delegated authority that have adopted both sets of codes. He also expressed frustrations of waiving the third ordinance reading. He stated that he conducted a fire plan review of the new Public Works Facility and does not feel it complies with the Life Safety Code before Council tonight. He then asked the Mayor if he would approve a loan for a business with 15 year old business plan. Mayor Black confirmed that he would.

Councilmember Mumgaard inquired about the Life Safety Code and grandfather rights

for existing buildings. Mr. Aerni responded that the difference between the Life Safety Codes and the International Fire Code is that the Life Safety Code applies to all buildings, new or existing. He provided an example of a fire marshal making an older

business put in costly renovations to comply with the Life Safety Code. By adopting the International Fire Code, it would allow greater flexibility and would not require a business to do that. Councilmember Mumgaard then asked if the International Fire

Code does not require it because of the economic hardship to the company and if the intent

was

to

catch

the defects as remodeling

occurs.

He then asked how the Life

Safety Code differs from this. Mr. Aerni responded that with the Life Safety Code the fire inspector has the right to make the company comply with code upon the annual inspection. Councilmember Mumgaard inquired why the Life Safety Code does not grandfather

businesses.

Mr.

Aerni responded that he feels it is for the safety of

individuals. Councilmember Mumgaard noted the Life Safety Code and its relation to

delegated authority. Mr. Aerni confirmed that the Life Safety Code must be adopted in order to get delegated authority. If this code is not adopted, the state would continue to conduct

fire inspections for the

City. Councilmember Mumgaard questioned if the 6

July

1, 2014

adoption of both codes would be advantageous. Mr. Aerni responded that adopting both codes would match surrounding community' s codes and therefore would entice businesses to locate in

Papillion.

Councilmember Mumgaard stated that he feels

building codes are not an incentive to build in Papillion but rather for protection. Mr. Aerni mentioned that nine other communities in Nebraska have delegated authority and

all have adopted both the Life Safety Code and International Fire Code simultaneously. No one else came forward and the public hearing was closed. Mayor Black invited Chief Building Official Brian Craig to speak about this ordinance. Mr. Craig explained that staff is recommending adopting only the Life Safety Code to be consistent with the current code being enforced by the state. The City considered adopting both codes, but feels it would be best to adopt them after the state adopts them. He noted that if a business submits an alternative design under a newer building code, the City would consider it under the newer code. Fire Chief Bill Bowes added that to receive the delegated authority from the state, the City must adopt the Life Safety Code. The City would have discretion to view plans and consider them according to the

new codes, whereas, the state fire marshal will only consider the 2000 Life Safety Codes.

Councilmember Mumgaard asked Mr. Craig why the City is not adopting both codes. Mr. Craig responded that the City felt it would be confusing to the applicants and therefore wants to keep the code consistent with the state. Councilmember Mumgaard

mentioned that other cities with delegated authority have adopted both sets of codes and asked why Papillion should not adopt both. Mr. Craig responded that staff is not opposed to adopting both sets of codes. Staff anticipates that the state fire marshal will adopt a current edition of the code in the near future. Councilmember Mumgaard stated

that he cannot find a disadvantage to adopting both codes. Mayor Black stated the City wanted to use the same standard as the state, the 2000 Life Safety Code, which is currently being enforced. Councilmember Mumgaard inquired what would happen if the third

ordinance

reading

to have

was

not

date

Mayor Black stated the waiver is being

waived.

16th. Councilmember Mumgaard stated that

July he does not favor waiving readings unless there is no reason for the extra readings. He feels that if questions are being raised on this issue, all three readings should be read. requested

an effective

of

Mayor Black indicated that the state fire marshal is non responsive to the City' s

economic boom. Businesses are waiting on the state inspection and by obtaining local control the City can issue those inspections. Mr. Bowes added that the goal with the fire merger with the City of La Vista was to adopt this code by mid- July. He stressed that this is not a strict deadline but more of a target date. He noted that developers have

been informed that the City is seeking delegated authority and have delayed plan reviews until it is adopted. Mr. Bowes added that staff felt safest adopting the state' s codes. He mentioned the state may adopt the 2012 codes early next year, at which time the City will adopt them as well.

Mayor Black stated that staff is recommending a waiver of the third ordinance reading.

7

July

1, 2014

Motion by Councilmember Engberg, second by Councilmember Jaworski, to waive the third reading for ORD. 1689. Mayor Black asked for proponents and opponents.

Opponents: Todd Aerni, 104 Windsor Drive, stated that he feels City Council typically waives readings when it is beneficial to the City and he does not feel this is the case.

Upon roll call vote, Engberg and Jaworski voted yes. Voting no: Florance, Mumgaard, Gaines, Kluch and Stubbe and Absent: Glover. Motion failed. ORD. 1695 -

An ordinance to amend Chapter 205, Article 11, Section 11 of the

Papillion Zoning Code having to do with development definitions, specifically to add the definition of repetitive loss and to modify definitions of substantial damage and substantial improvement related to floodplain management; and to amend Chapter 205, Article V. Section 43 of the Papillion Zoning Code in its entirety having to do with site development regulations related to building and impervious coverage requirements for the agricultural district; and to provide for

an effective date. Mayor Black opened the public hearing and called for proponents and opponents. No one came forward and the public hearing was closed. ORDINANCES THIRD READING AND RESOLUTIONS: RES. R14- 0091 — A resolution to approve the Public Works Facility Guaranteed Maximum Price for Lueder Construction Company — Jeff Thompson — 898- 9092. Motion to approve RES. R14- 0091 by Councilmember Kluch, second by

Councilmember Stubbe. Mayor Black called for proponents and opponents. No one came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Jaworski, Kluch,

Stubbe and Engberg all voted yes. Voting no: none. Absent: Glover. Motion carried. RES. R14- 0097 — PUBLIC HEARING AND VOTE - A resolution to approve an

application for Moving a Building or Structure Permit to move a building from its present location at 720 Fenwick Street, Papillion, NE to their future location at 7909 Reed St, Papillion, NE. The applicant is John Brennan — Brian Craig — 597-

2072. Mayor Black opened the public hearing and called for proponents and opponents. No one came forward and the public hearing was closed. Motion

to

by Councilmember Jaworski, second by Councilmember Engberg. Upon roll call vote, Florance, Mumgaard, Gaines, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Absent: Glover. Motion approve

RES.

R14- 0097

carried.

RES. R14-0099 — PUBLIC HEARING AND VOTE - A resolution to approve a

Preliminary Plat for the property legally described as a replatting of Lot 80, Settlers Creek in the SW '/ 4 of Section 24, T14N, R12E, generally located at Ridgewood Drive and Crestridge Drive. The applicant is Rogers Development, Inc. ( Settlers Creek Replat 8) — Mark Stursma —597- 2077. Mayor Black opened the

public hearing and called for proponents and opponents.

8

July

1, 2014

Proponents:

Terry Atkins, Lamp Rynearson & Associates, 14710 W Dodge Road, Omaha) stepped forward on behalf of the applicant to answer questions.

No one else came forward and the public hearing was closed. Motion

to

approve

RES.

R14- 0099

Councilmember Kluch. Upon roll call Kluch, Stubbe and Engberg all voted

by

vote,

yes.

Councilmember

Stubbe,

second

by

Florance, Mumgaard, Gaines, Jaworski,

Voting

no:

none. Absent: Glover. Motion

carried.

RES.

R14-0100 — PUBLIC

HEARING AND VOTE - A resolution to approve a

Second Amendment to the Market Pointe Addition

Mixed Use Development

Agreement for the property legally described as Market Pointe Addition, Market Pointe Addition Replat 1. Market Pointe Addition Replat 2. Market Pointe Addition Replat 4. and Market Pointe Addition Replat 6, generally located on the SE Corner of

72nd St. & Giles Road. 597- 2077.

The

is Lane 4 Property Group - Mark Stursma

applicant

Mayor Black opened the public hearing and called for proponents and

opponents.

Proponents:

Larry

Jobeun,

Fullenkamp, Doyle &

Jobeun,

11440 W. Center Road,

Omaha) stepped forward to represent the applicant. He advised that this request is to

increase the number of free-standing fast-food restaurants at Market Pointe from three to four.

Opponents: Randy Burns, 811 Roland Drive, advised that the original agreement would only have three fast-food restaurants. He asked City Council to honor this agreement. He feels that Street is the entrance point to the City and it includes too many fast72nd

food restaurants. He feels that another fast-food restaurant will not enhance the area.

He also expressed frustrations that the traffic study was hired by the consultant. Diane Cassata, 1007 Roland Drive, feels that there are too many fast-food restaurants in this development. She then commented on the lights and noise at Market Pointe. She feels

that

adding

another

fast-food

restaurant

will

add

more

disruption

to

the

development. She requested that another business be placed there. Joan Williams, 1017 Michael Drive. stated that she would like a high end restaurant built there or offices. She does not favor added traffic.

No one else came forward and the public hearing was closed. Motion

to

approve

RES.

R14- 0100

by

Councilmember

Mumgaard,

second

by

Councilmember Gaines.

Council discussion: Councilmember Mumgaard inquired about expanding the fast-food restaurants from three to four. Mr. Jobeun explained that in the original agreement the agreed to limit free standing fast-food restaurants to 5% of the 550, 000 SF of

developer

9

July

1, 2014

the development. The proposed amendment would allow a fourth fast-food restaurant that is around 3, 800 SF which would still be under the 5%. The limit of three came from

the original traffic study for the shopping center. At the time, the uses were unknown so a mixture of uses was used for the study that included three fast-food restaurants. Another traffic study was recently conducted and indicated the level of service would not be impacted with an additional fast-food restaurant. Councilmember Mumgaard clarified

that adding a fourth fast-food restaurant would be within the original agreement since it is under the square footage maximum. Mr. Jobeun confirmed. Planning Director Mark Stursma stated that the agreement limits high traffic generators including restaurants, fast-food restaurants and convenience stores. Maximums were added to the agreement

to limit peak hour traffic. With the current request, the City asked the developer to prove through a traffic study that there would not be an adverse impact. The results of the study proved such and the amendment was brought forth to City Council.

Councilmember Mumgaard questioned why the agreement includes both a square footage clause and a limit to fast-food restaurants. Owen Buckley, Lane 4 Property Group, 4705 Central Street ( Kansas City), responded that the original plan was to build a large sit down restaurant on that corner. As a result of the recession, big restaurants are not being built. He stated that this lot has been vacant for eight years and this is an opportunity to fill it. Councilmember Mumgaard asked how this correlates to traffic. Mr. Buckley responded that the difference would be insignificant. The fast-food restaurant will generate one million dollars in sales. He indicated that all promises made at the time

this development came before Council in 2004 have been kept including architectural and landscaping. Councilmember Mumgaard noted that the neighbors have valid complaints about the noise and lighting. Mr. Owen stated that his company governs all tenants and owners. The current lighting is per the Mixed Use Development agreement. Councilmember Mumgaard asked that the complaints be passed onto the appropriate person. He also asked Mr. Stursma to look into them as well.

Councilmember Jaworski stated that he was on City Council when this development was approved and remembers discussion about limiting fast-food restaurants. He will not support this amendment because he is sticking to his original commitment to not fill this development with fast-food restaurants. He then commented on the poor condition

of the roads at Market Pointe and that no one is taking responsibility for them. He does not feel all of the promises have been met.

Councilmember Florance

stated

that

he

is

pro- business,

but cannot support this

amendment because of the promises made at the time the development was approved.

Councilmember development

Kluch

mentioned

the

that

she

too

fast- food

remembers

discussion

on

this

She feels that the

limiting economy is stronger and another business can go in there. She too cannot support this and

number

of

restaurants.

amendment.

Councilmember Gaines stated that he was not serving on Council at the time the development was approved but cannot support this amendment due to the promises made at that time.

10

July

1, 2014

Upon roll call vote, Mumgaard voted yes. Voting no: Florance, Gaines, Jaworski, Kluch, Stubbe and Engberg. Absent: Glover. Motion failed. RES. R14- 0101 — A resolution to amend the Master Fee Schedule pertaining to fire inspection fees — Elizabeth Butler— 597- 2021. Motion to approve RES. R14- 0101 by

Councilmember Jaworski, second by Councilmember Stubbe. Mayor Black called for proponents and opponents.

Opponents: Todd Aerni, 104 Windsor Drive, commented on the proposal for third party

reviews. He feels the City could potentially lose money on a big building by paying consultant fees.

Upon roll call vote, Florance, Mumgaard, Gaines, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Absent: Glover. Motion carried. RES. R14- 0102 - A resolution to accept a Dedication of Street Right-of-Way for a 150 square foot of triangular shape property 15' by 20'. adjacent to Settlers Creek Drive

and

Cornhusker Road from Lot 2 Settlers Creek — Jeff Thompson — 898-

9092. Motion to

approve

RES. R14- 0102

Councilmember Jaworski,

by

second by

Councilmember Kluch. Mayor Black called for proponents and opponents. None came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Jaworski, Kluch, Stubbe and

Engberg all voted yes. Voting no: none. Absent: Glover. Motion carried. ADMINISTRATIVE REPORTS: Committee Reports: Councilmember Kluch commented on the June 24, 2014 Public

Facilities Committee Meeting. Councilmember Engberg commented on the July 1, 2014 Finance and Administration Committee Meeting. Comments from the Floor: None forthcoming. Comments from Mayor and Council: Councilmember Jaworski

commented

on

the

fitness

challenge

Fire

Department

and

thanked

the

Wellness Team. Councilmember

Florance

commented

on

the

Budget

Review

Committee meeting. Mayor Black

his

( 1)

Mayor Black and Library Board President Paul Schroeder conducted interviews for the vacant seat on the Library provided

an

update

of

events:

Board; ( 2) Mayor Black made a presentation to the Lions Club in regard to the Veterans Park

project; (

3) Mayor Black and Chris Myers met with Mike Urdahl and Chris Karn

from Pinpoint Communications; ( 4) Mayor Black

attended an

SCEDC board meeting; ( 5)

Mayor Black attended the retirement celebration for Laura Jean O' Connor, Senior Center Director; ( 6) Mayor Black, Dan Hoins, Bill Bowes, and Councilman Florance

attended a meeting of the Fire Department Budget Review Committee.

11

July

1, 2014

Mayor Black mentioned

mentioned

the

20th

upcoming

ribbon

cuttings

and

the Triathlon

event.

He also

anniversary of Papio Bay and the groundbreaking ceremony for the

new Public Works Facility. ADJOURNMENT:

Motion to adjourn by Councilmember Gaines, second by Councilmember Stubbe. Upon roll call vote, Florance, Mumgaard, Gaines, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Absent: Glover. Motion carried. Meeting adjourned at 8: 14 PM CITY OF PAPILLION

i

y

DAV40 P. BLACK, MAYOR

ATTEST:

PAP1Q/ p QORA) e:s o

0

ELIZA

TH BUTLER, CITY CLERK

SEAL)

SAL

NEB?,

12

July

1, 2014