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

PAPILLION CITY COUNCIL MINUTES

TUESDAY. MAY 3. 2016 (c 7: 00 P. M.

The City Council of the City of Papillion met in open and public session at Papillion CityHall on May 3, 2016, at 7:00 PM. City Clerk Elizabeth Butler called the roll. Presentwere, Councilmembers Troy Florance, Tom Mumgaard, Jason Gaines, James Glover,Gene Jaworski, Steve Engberg, and Mayor David P. Black. Councilmembers Lu Ann

Kluch and Bob Stubbe were absent. Also present were City Administrator Dan Hoins,Assistant City Administrator Chris Myers, City Attorney Karla Rupiper, Public WorksDirector Marty Leming, Planning Director Mark Stursma, Deputy Fire Chief Jeff Jones,City Engineer Jeff Thompson, Police Chief Scott Lyons, Parks and Facilities DirectorTony Gowan, Recreation Director Lori Hansen, Finance Director Nancy Hypse andLibrary Director Rebecca Sims.

Mayor Black led those present in the Pledge of Allegiance.

Affidavit of Publication: Notice of the meeting was given in the Papillion Times, thedesignated 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 visuairecording of the council meeting.

Public announcement that a current copy of the open meeting act is posted in the CityCounci! Chambers.

ADMINISTRATOR' S REPORT: City Administrator Dan Hoins gave an update on thefollowing: ( 1) Staff started working on the 2016-2017 fiscal budget; ( 2) The Natural

Resource District( NRD) sought funding for dams east of Prairie Queen Recreation Areaand the state commission formed in 2014 decided not to fund projects for this area. The

City is working with the NRD to resolve this issue with hopes of bringing it to theattention of the Legislature next January; (3) The HWY 370 corridor is developingquickly with projects such as North Shore Commercial; ( 4) Phase I of the SumpMemorial Library renovations should be complete in the next couple of weeks. Phase IIwhich includes on-street parking wilf start shortly thereafter; and ( 5) The City receivedmany positive comments regarding the spring clean- up last weekend.

CONSENT AGENDA ITEMS: ( 1) Auuroval of the aaenda as presented: ( 2) Aparoval

of the minutes from the Auril 19, 2016 Citv Council Meetina; ( 3) Approval of the

bills as aresented; ( 41 RES. R16-0049 — A resolution to auprove SaecialDesiQnated Liauor Licenses for Plaver's Keno Inc. d/ b/ a Jerzes, 501 Olson Drive,on Mav 21, 2016. from 7: 00 AM to 2:00 AM for a aolf outina; Mav 22, 2016, from9: 00 AM to 2: 00 AM for a araduation partv: and June 17, 2016, from 9: 00 AM to2: 00 AM for a hiqh school reunion — Elizabeth Butler — 597-2021: ( 5) RES. R16-

0050 — A resolution to approve a Special Desianated Liauor License for_ thePapillion Communitv Foundation on June 16, 2016, from 5: 00 PM to 11: 00 PM and

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May 3, 2016

on June 17. 2016, and June 18. 2016. from 12: 00 PM to 1: 00 AM each dav at CitvPark for Papillion Davs - Elizabeth Butler - 597-2021• ( 6) RES. R16-0051 - A

resolution to approve a Saecial Fireworks Displav permit for the PapillionCommunitv Foundation on June 17 2016 for a fireworks disalav at Citv Parkdurinq Papillion Davs - Bill Bowes - 339-8617• ( 7) RES. R16-0053 - A resolution

to aaprove Special Desiqnated Liquor Licenses for Trustv Bolt Inc. d/b/a WineCellar 510 on Mav 27, 2016. June 17 2016, Julv 1 2016 and Auaust 5 2016 from5: 00 PM to 9: 00 PM each dav at the Shadow Lake Towne Center Amphitheatre,7775 Olson_Drive, for the Shadow Lake Concert Series - Elizabeth Butler - 597-2021; ( 81 RES. R16-0054 - A resolution to auprove Special Desianated Liauor

Licenses for Texas Roadhouse Holdinas LLC d/ b/a Texas Roadhouse on June 242016. July 29. 2016. and Auqust 19, 2016. from 5: 00 PM to 9: 00 PM each dav at theShadow Lake Towne Center Amphitheatre 7775 Olson Drive for the ShadowLake Concert Series - Elizabeth Butler - 597-2021• ( 9) RES. R16-0055 - A

resolution to approve Special Desiqnated Liauor Licenses for Hv-Yee Inc d/b/aHv-Vee Food Store on June 10, 2016 Julv 15, 2016, and Auaust 12, 2016 from5: 00 PM to 9: 00 PM each dav at the Shadow Lake Towne Center Amphitheatre7775 Olson Drive for the Shadow Lake Concert Series - Elizabeth Butler - 597-2021; ( 10) RES. R16-0056 - A resolution to approve Special Desianated LiauorLicenses for Wadsworth Old Chicaao Inc., d/b/a Old Chicaao on June 3 2016Julv 8, 2016, and Julv 22. 2016, from 5: 00 PM to 9: 00 PM each dav at the ShadowLake Towne Center Amahitheatre. 7775 Olson Drive for the Shadow Lake ConcertSeries - Elizabeth Butler - 597-2021. Motion to approve the Consent Agenda byCouncilmember Gaines, second by Councilmember Engberg. Mayor Black called forproponents and opponents. None came forward. Upon roll call vote, Florance,Mumgaard, Gaines, Glover, Jaworski, and Engberg all voted yes. Voting no: none.Absent: Kluch and Stubbe. Motion carried.

BILLS: AA Wheel & Truck Supply Inc: $ 177.39 / supplies; Acushnet Company: $ 323.41merchandise; Advanced O ce Automation, Inc: $704.27 / service; Advantage Tape

Advertising, Inc.: $340.00 / service; Aetna: $ 227,248.77 / insurance; AFLAC: $ 436.38payroll deduction; Alamar Uniforms: $ 124.95 / supplies; Alicia James: $ 130.00reimbursement; Alley Poyner Macchietto Architecture PC: $ 829.00 / service; AMCON

Distributing Company: $ 832.89 / concessions; American Red Cross: $ 100.00 / training;American Underground Supply: $ 290.22 / supplies; AmeriPride Services, tnc: $ 73.27service; Applied Concepts Inc: $ 122. 84 / parts; Artistic Sign & Design, Inc: $ 675.00contract; Associated Fire Protection: $ 1, 041. 25 / service; Baker & Taylor: $302.52books; Bauer Built Tire: $ 333.00 / parts; Baxter Ford: $ 119.97 / parts; BennettRefrigeration, Inc: $ 385.44 / service; Bill Gable Carpentry: $ 26,527.00 / service; BlackHills Energy: $ 1, 531. 71 / natural gas; Blackburn Manufacturing Co: $ 232.38 / supplies;Bo- Bo's Bouncy Town, LLC: $ 112. 35 / service; Bound Tree Medical, LLC: $ 1, 129.84supplies; Bridgestone Golf: $150.86 / supplies; Builders Supply Co Inc: $ 3,491. 96suppties; Cash-Wa Distributing: $ 468.30 / merchandise; Central States Group: $ 55. 70supplies; Cintas Corporation 749: $ 179.78 / service; CIT: $ 149.37 / service; City ofNorfolk: $ 210.00 / registration; City Of Omaha Cashier: $ 15.21 / service; City OfPapillion: $ 289.26 / payroll; City Treasurer: $ 240.00 / service; Cleveland Golf / Srixon:

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May 3, 2016

3, 503.58 / merchandise; Coca-Cola, Chesterman Co.: $ 138.29 / merchandise; ColonialLife Insurance Co: $ 797.80 lpayroll deduction; Consolidated Management Company:

106.75 / service; Consolidated Plastics Company, Inc: $ 231. 08 / goods; Constellation:1, 256.24 7utilities; Comhusker International Trucks: $ 41. 77 / supplies; Cox Business

Services LLC: $ 367.73 / utilities; CR Field Marking: $ 1, 464.00 / service; Cross Dillon TireOmaha-West: $ 690.84 / service; Curbside Rewards, LLC: $ 130.00 / service; CypressBenefit Administrators, LLC: $ 621. 00 / fees; D & K Products: $ 23,878.63 / supplies; DanHoins: $230.00 / reimbursement; Danielson Tech Supply, Inc: $ 19.84 / supplies; Darden-Gloeb-Reeder, Inc.: $ 141. 00 / service; Diamond Marketing Solutions: $6, 105.46/ service;Diamond Vogel: $ 208.46 / supplies; Ditch Witch UnderCon: $ 235.00 / service; DultmeierSales, LLC: $ 130.56 / supplies; DXP Enterprises: $ 660.08 / supplies; Echo Group:

210.94 / supplies; En Pointe Technologies Sales, Inc: $ 4,407.09 / software; EnterpriseLocksmith, Inc: $124.00 / service; Exchange Bank: $769.02 / lease; EyeMed Vision Care:

1, 711. 42 / insurance; Factory Motor Parts Co: $ 128.77 / supplies; Fantasy's: $ 25.00refund; Farmers New World Life Ins. Co: $ 1, 183. 50 / insurance; Fastenal Company:166.80 / supplies; Fast Signs: $ 290.50 / supplies; Feld Fire: $ 407.00 / supplies;

Ferguson Enterprises Inc: $ 587.34 / supplies; FIREPAC: $ 1, 198. 50 / payroll deduction;First National Bank: $ 17,017.28 / insurance; FP Design & Review Services, LLC:

108.25 / service; Fraternal Order Of Police: $ 1, 005.00 / payroll deduction; Fron# RangeFire Apparatus: $ 533.04 / parts; Funds by Hasler: $ 247.00 / postage; G & K Services -Omaha: $ 998.53 / supplies; Gabe Godsey: $ 91. 00 / reimbursement; Gale/Cengage

Learning: $ 60. 56 / books; GCR Tires & Service: $ 154.05 / supplies; Genworth Life &

Annuity Ins Co: $ 51. 87 / payroll deduction; Great Plains Uniforms: $ 2, 751. 50 / supplies;H & H Chevrolet: $ 137. 74 / supplies; H2 Golf Company, LLC: $ 51. 10 / supplies; Hach

Company: $ 1, 482.26 / supplies; Haney Shoe Store, Inc.: $ 476.98 / supplies; Hauff Mid-America Sports: $ 286.48 / supplies; HDS White Cap Construction Supply: $ 2, 529.99supplies; Heartland Pest Control Inc: $ 50.00 / service; Heartland Tires & Treads, Inc:3, 116.00 / supplies; Heiman, Inc.: $ 89.95 / supplies; Helget Gas Products Inc: $ 49.30supplies; Hemphill Staffing Solutions, Inc.: $ 1, 819. 13 / service; Hockenbergs: $6.23supplies; Home Depot Credit Services: $ 367.64 / supplies; Host Coffee Service Inc:127.40 / supplies; Hotsy Equipment Company: $ 103.80 / supplies; HSMC Orizon LLC:1, 937.50 / service; Husker Auto Group, Inc: $ 31, 891. 00 / supplies; Husker Chem Sales1, 961. 19/ supplies; Hy-Vee Accounts Receivable: $ 102. 68/ supplies; IA-NE-SD PRIMA

Chapter: $40.00 / dues; Identity Marketing Group: $ 1, 072. 53 / supplies; IDEXX

Laboratories: $ 461. 10 / supplies; Ingram Library Services, Inc.: $ 15.45 / books; InsightPublic Sector, Inc: $ 26.20 / supplies; International Inst. of Municipal Clerks: $ 155.00

membership; Interstate Battery Systems: $ 191. 95 / parts; lowa Medicaid: $ 87.28reimbursement; Jake Hewett: $ 91. 00 / reimbursement; Jennifer Roesler: $34.22

reimbursement; Jon Wiese: $ 91. 00 / reimbursement; Jones Automotive, Inc: $ 7, 631. 28supplies; Joseph Olivas: $ 31. 84 / reimbursement; K Electric Company, Inc.: $ 331. 03service; KD Kanopy: $ 216.20 / supplies; Koley Jessen PC, LLO: $ 200.00 / legal; KrihaFluid Power Co., Inc.: $ 744.09 / supplies; Kriz-Davis Company: $ 33.04 / supplies;

Kustom Signals Inc: $ 135.00 / service; Lands' End Business Outfitters: $ 269.00supplies; LaRue Coffee: $ 73.40 / supplies; Lauri Behrens: $ 35.00 / service; Libra SafetyProducts: $ 90.00 / supplies; Life-Assist Inc: $ 348.89 / supplies; Line-X Unlimited, Inc:450.00 / service; Loveland Grasspad: $ 42. 14 / supplies; Lowe's Business

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May 3, 2016

Account/SYNCB: $ 497.65 / supplies; Malinda McEntire: $ 78.84 / reimbursement; MalloyIndustrial ( 8): $ 566.00 / service; Mark Freese: $ 103. 00 / reimbursement; Matco Tools:

178. 55 / supplies; Matt Elsasser: $ 265.50 / reimbursement; Matthew Kovar: $ 354.50

Ireimbursement; Metering & Technology Solutions: $640.38 / supplies; Metro LandscapeMat& Recycling: $ 720.00/ supplies; Metro: $ 451. 00/ service; Michael Todd & Company,Inc.: $ 104. 16 / supplies; Midlands Printing & Business Forms: $ 175.00 / supplies;

Midwest Tape: $ 65.97 / audio; Midwest Turf & Irrigation: $ 990.00 / supplies; MikeMcLaughlin: $ 91. 00 / reimbursement; MMS - A Medical Supply Company: $ 1, 283.34supplies; MNJ Technologies Public Sector: $62.00 / supplies; Napa Auto Parts: $220.59supplies; Nebraska Department of Revenue: $ 50, 121. 54 / government; NebraskaEnvironmental Products: $2, 900.00 / supplies; Nebraska Library Association: $ 80.00dues; Nebraska Rural Water Association: $ 900.00 / service; Nebraska- lowa IndustrialFasteners: $ 341. 33 / supplies; NMC Exchange: $ 1, 672.08 / supplies; Norm' s DoorService, Inc.: $ 1, 535.20 / service; OCLC, Inc.: $ 632.82 / supplies; Odeys Inc: $ 540. 10supplies; Offutt Youth Center: $3,714.00 / service; O' Keefe Elevator Company: $ 185.59

service; Omaha Compound Company: $324.79 / supplies; Omaha Electric Service:2, 797.73 / service; O' Reilly Auto Parts: $ 552.93 / supplies; PalFleet Truck Equipment:1, 505.00 / parts; Papillion Professional Fire Fighters: $ 612.50 / payroll deduction;

Patriotic Productions: $ 500.00 / sponsorship; Patton Equipment Company, Inc: $ 223.00supplies; Pay- LESS Office Products: $59.98 /supplies; Payroll Maxx, LLC: $ 503,389.87payroll; PCEA: $ 180.00 / payroll deduction; Penguin Random House, LLC: $ 52.50

books; Personnel Committee: $ 143.50 / employee fund; Pitlor Mechanical Corp.:724.85 / supplies; Police & Firemen's Insurance Association: $ 2, 543.37 / payroll

deduction; Premier-Midwest Beverage Co: $ 1, 256.35 / merchandise; Price ChopperWristbands: $ 2,201. 96 / supplies; ProPet Distributors, Inc.: $ 437.95 / supplies; QP AceHardware: $ 121. 97 / supplies; Quality Brands of Omaha, Inc: $$ 74.35 / merchandise;R.L. Craft Co., Inc.: $ 1, 246.25 / service; RDO Truck Centers: $ 148. 14 Iparts; RebeccaSims: $ 201. 96 / reimbursement; Rick Corcoran: $ 195.00 / service; River's End Holdings:

2, 145.03 / supplies; Rotella's Italian Bakery: $ 200.23 / supplies; Roth Enterprises, Inc:2, 150.00 / goods; Sally Jones, PC: $ 50. 10 / petty cash; Samantha Beaman: $ 130.00

reimbursement; Sam's Club/Synchrony Bank: $ 319.81 / supplies; Sapp Bros., Inc:4, 514.82 / fuei; Shamrock Concrete Company: $3, 364.00 / supplies; Shawmark

Concrete: $ 97, 150. 00 / service; Sherwin-Williams: $ 27.99 / supplies; Sol Lewis

Engineering Co: $ 3,070.00 Iservice; Solution One: $ 144.82 / service; Southem UniformEquipment: $ 1, 978.96 / apparel; Steve Haffke Plumbing, Inc.: $ 10, 145.00 / service;

Supply Works: $119.00 / supplies; Swan Engineering, LLC: $ 50.74 / supplies; Sysco

Lincoln: $ 1, 518.75 / supplies; Taste of Home Books: $ 31. 98 / publications; TCF

Equipment Finance: $ 11, 210.00 / lease; Ted's Mower Sales & Service: $ 698.72

supplies; The UPS Store - 5359: $ 472.36 / service; Thomson Reuters: $ 715.00

periodicals; Tim Moran, PC: $ 4,325.00 / petty cash; Tool Supply, Inc: $ 609.53 / supplies;

Tri- Care West Region: $ 90.33 / service; Ty's Outdoor Power, Inc: $ 151. 43 / supplies;

United Seeds, Inc: $ 700.00 / supplies; US Foods, Inc: $ 1, 004.86 / supplies; UtilityEquipment Company: $ 79.00 /supplies; Verizon Wireless: $ 197.59 / utilities; Vessco Inc:

I559.05 / supplies; Voya Financial Fire: $ 27,800. 17 / payroll pension; Voya FinanciaL•53,483. 15 / deferred comp; Walmart Community: $ 42.09 / supplies; Washington

National Insurance Co.: $ 58.80 / insurance; Weldon Parts Omaha: $ 60.52 / parts; Wells

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Fargo Financial Leasing: $ 212.29 / service; Wild Rice Sushi: $ 468.75 / refund; William

Linger: $ 20.00 / reimbursement; Windstream: $ 910.32 / service; Zep Sales & Service:717.26/ supplies; ZirMed, Inc: $ 124.00/ service. BILLS TOTAL: $ 1, 225,628.91.

ORDINANCES FIRST READING: None.

ORDINANCES SECOND READING:ORD. 1734— AN ORDINANCE TO APPROVE THE CHANGE OF ZONE OF CERTAINREAL PROPERTY WITHIN THE ZONING JURISDICTION OF THE CITY OF

PAPILLION. SARPY COUNTY, NEBRASKA. LEGALLY DESCRIBED A TRACT OFLAND BEING LOTS 1. 2 AND 3. HENRY'S HIGHLANDS REPLAT I, A SUBDIVISIONLOCATED IN THE SE1/ 4 OF THE SW1/ 4 OF SECTION 30. TOGETHER WITH PARTOF SAID SEE1/ 4 OF SAID SW1/ 4 OF SECTION 30 AND ALSO PART OF THE NE1/ 4OF SAID SW1/ 4 OF SECTION 30, ALL LOCATED IN TOWNSHIP 14 NORTH.RANGE12 EAST OF THE 6TH P. M., SARPY COUNTY, NEBRASKA, GENERALLYLOCATED ON THE NW CORNER OF HWY 370 AND 126TH STREET. FROM

AGRICULTURAL ( AG) TO URBAN FAMILY RESIDENTIAL WITH A PUD-2

OVERLAY (R-3 PUD-2) AND MIXED USE ( MU). TO AMEND THE OFFICIAL ZONINGMAP OF THE CITY OF PAPILLION BY CHANGING THE ZONING DISTRICT

BOUNDARIES OF THE ZONING MAP IN ACCORDANCE WITH SECTION 205-32 OFPAPILLION MUNICIPAL CODE. AND TO PROVIDE FOR AN EFFECTIVE DATETHEREOF. Mayor Black opened the public hearing and called for proponents andopponents.

Proponent: Mark Westergard, E & A Consulting Group Inc., 10909 Mill Valley Road,100, ( Omaha), stepped forward on behalf af the applicant. Mr. Westergard provided an

overview of the development that consists of 70 residential lots and 2 MU lots of srnaller

townhomes marketed towards empty-nesters. This area will include private roads thatare gated to which zoning criteria will be created as part of the PUD. This developmentwill also include offices, apartments, retail and a hotel. He stated that the developer is

seeking approval of a Change of Zone and the Preliminary Plat. He added that theMixed Use Development process will commence once users are specified for the site.

He then addressed the issue of sediment run-off that has gone into Prairie QueenReservoir. He indicated that measures have been taken and that the applicant

acknowledges that damage was done and the need to rectify it. He explained that thedeveloper does not have a problem with most of the conditions written into the

Preliminary Plat resolution regarding this matter, aside from prohibiting the applicantfrom moving forward with the project and submitting the Final Plat until this issue isresolved. He feels that the applicant should be allowed to submit a Final Plat and install

the infrastructure which will help alleviate the sediment problem.

Councilmember Engberg asked about the setbacks for the villas. Mr. Westergard

responded that the villas will be similar to those located in Shadow Lake. The side yardsand front yards will be maintained by the Homeowners Association (HOA). He explained

that these houses are marketed towards empty-nesters who do not want to maintain ayard. Councilmember Engberg then asked if the multi-family development is a

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compatible use next to a gated community. Mr. Westergard responded that there will beseparate access points for the two areas to eliminate cross traffic as there is a drainage

area that runs through the middle.

Councilmember Mumgaard expressed concems about the PUD. He mentioned that CityCouncil has not had a great experience with this type of development and referencedWestern Hills Villas. He explained that Western Hills Villas had private streets that did

not match City street standards. When this area was annexed into the City, there waspressure from residents to take over those streets. He felt that residents of that PUD did

not understand that those roads would still be maintained privately. He does not want arepeat of that situation and asked what precautions are in place to prevent that from

happening again. Mr. Westergard responded that the private streets will match the

City's standard is street size and quality in terms of curb thickness and gufiter width. Heexplained that the HOA will maintain the streets, sidewalks and provide snow removal.

The developer will provide paving and the sewers would be constructed by the SID.Homeowners will be educated, but he cautioned that the message can get lost overtime as the home changes ownership. Councilmember Mumgaard added that as

homeownership changes, there is not much the developer can do. Mayor Black addedthat the deed for the house will be filed with the Register of Deeds which would notifyfuture homeowners of the PUD status.

Councilmember Florance inquired about the square footage of the townhome and theprice range. Mr. Westergard responded the homes will range between 1, 300 and 1, 700square feet selling from $ 350,000 to $ 400,000. Councilmember Florance indicated that

the Shadow Lake homes have a view, but he does not feel these homes will have thatbenefit. Mr. Westergard responded that some homes will have a view such as

overlooking Prairie Queen Recreation Area, and some will not. Councilmember

Florance stated that the homes might be marketed towards empty nesters but that doesnot mean that they will purchase the homes. He has travelled to areas similar to thisdevelopment proposal and some PUDs were not kept up. Mr. Westergard

acknowledged this concern and indicated that the developer has done this a long timeand this area will have a vibrant HOA.

Councilmember Mumgaard stated that the PUD development is requesting smallersetbacks, but he does not favor smaller setbacks for any development in Papillion. Heexplained that large side yards increase the price of the house and he believes that it

maintains the quality of housing and increases property values. He feels that five feet isa major difference in setback standards. Mr. Westergard responded that larger

developments that include single family homes do not request these setbacks. ThisPUD is small enough to afford to maintain the streets privately. Larger developmentscannot accommodate private street maintenance.

Counciimember Engberg agreed that smaller setbacks should not be a standard forPapillion. He also recalled the Westem Hills Villas and the difficult situation Council

endured when that area was annexed. He also wants measurements in place to ensure

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owners are aware of the PUD status. Mr. Westergard again indicated that the deeds are

recorded and it would be hard for homeowners to not be educated.

Councilmember Glover asked where the sediment break was located. Mr. Westergard

described the area and explained that a riser was detached causing damage, but that itwas fixed the next day.

Councilmember Jaworski asked what will happen if the area is developed and there is abreach in sediment control. Mr. Westergard explained that the sediment should be

controlled once the streets and the storm sewer system are built. Water will be routed to

basins, whereas the silt is currently only controlled only a silt fence.

Councilmember Engberg expressed support of this development with the contingency.He mentioned that Mr. Thompson is meeting with the developer this week and ishopeful both parties can reach a compromise. Mr. Westergard responded that the

contingencies would prohibit the developer from submitting a Final Plat.

Councilmember Jaworski asked if ineasures have been taken for sediment control. Mr.

Westergard responded that silt fences are difficult, which is why the storm sewer needsto be installed to protect Prairie Queen Recreation Area and route drainage to basins.

Councilmember Mumgaard asked about the contingencies and the features that wouldbe placed on hold until the issue is resolved. Mr. Thompson provided background on

the issue that started last January with the rain, which then froze, not allowing thedeveloper to fix the problem at that time. Once it got warmer, staff made

recommendations to the developer to fix and control the silt fence. He explained that the

streets and sewers cannot move forward without approval of the Final Plat because

infrastructure would be placed in the middle of a field if the development is notapproved.

Councilmember Mumgaard suggested that the drainage problem would be alleviatedwhen the infrastructure is installed. Mr. Thompson agreed and added that the storm

sewers will capture run-off. Staff is suggesting that the Final Plat not be moved forwarduntil there are security measures in place addressing this problem. He also mentionedthat there are other agreements to draft. Councilmember Mumgaard clarified that the

Change of Zone will not impact this contingency. Mr. Thompson confirmed.

Mr. Hoins clarified that this issue was brought to staff's attention last January asdamage was done to Prairie Queen Recreation Area ( sediment run-off into the lake).

The City asked the developer to fix the problem and to date there still is not a plan inplace. Staff is now asking City Council for guidance to clean-up the damage and ensureit is done right.

Councilmember Jaworski inquired about the distance between the villas and the lake

and the mixed use development and the lake. He expressed concerns about drainage

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issues related to the villas. Mr. Westergard responded that drainage will be routed intothe basin when the infrastructure is in place.

Opponent: Howard Carson, 1210 Limerick Road, stepped forward and mentioned thathe serves on the Planning Commission, but was speaking on his own behalf. Heindicated that he voted to recommend approval of this development at the January 27,2016, Planning Commission meeting. After that meeting, he noticed run- off to the lakeand brought it the City's attention. He mentioned that the sediment pond was not inplace and this is a highly sloped area. The developer installed a pond in February orMarch, but it was too late, as there was still run- off that caused damage to the lake. He

feels that it is important to maintain the lake, to stop the problem and restore the lake toits natural habitat. He feels that this development should be delayed until the problem iscorrected. He also mentioned that North Shore residential has the same run-off

problems in the north half of the development.

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

ORDINANCES THIRD READING AND RESOLUTIONS:RES. R16-0048 — PUBLIC HEARING AND VOTE — A resolution to approve a

Preliminarv Plat for the propertv leaallv described as a tract of land beina Lots 1,2 and 3, Henrv's Hiqhlands Replat I, a subdivision located in the SE1/ 4 of theSW1/ 4 of Section 30, topether with part of said SE1/ 4 of said SW1/ 4 of Section 30and also aart of the NE1/ 4 of said SW1/ 4 of Section 30. all located in Township 14North, Ranqe 12 East of the 6th P. M., Sarpv Countv. NE, aenerallv located on theNW corner of 126th Street and HWY 370. The apalicant is BHI Develoament, LLCNorth Shore Commercial) — Mark Stursma — 597-2077. Mayor Black opened the

public hearing and called for proponents and opponents.

Proponent: Mark Westergard, E & A Consulting Group Inc., 10909 Mill Valley Rd # 100,Omaha), stepped forward and mentioned that the developer is walking the area with

staff this week to assess the damage and to discuss measurements to forgo futuredamage.

Councilmember Mumgaard asked about the extent of the damage to the lake. Mr.

Westergard indicated that most of the damage was along the shoreline where the basinfailure occurred. Councilmember Mumgaard does not feel that the City should beresponsible to clean-up the damage. Mr. Westergard stated that the resolution as

presented would ensure the developer takes care of it.

Motion to approve RES. R16-0048 by Councilmember Engberg, second byCouncilmember Glover.

Council discussion: Councilmember Jaworski asked if this item can be tabled to the next

City Council meeting since the developer is meeting with staff later this week. Mr. Hoinsresponded that it is the mutual effort of both parties is to fix the problem.

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Councilmember Florance stated that he is inclined to vote against this development dueto the small homes on small lots. He feels that there is a wide selection of homes tochoose from and the clean- up from the sediment has been slow. Mr. Westergard

mentioned that the homes will have 1, 300 to 1, 700 square feet on the main level withunfinished basements.

Mayor Black mentioned that only six of the eight councilmembers were present. Heasked the applicant if he would prefer this item be tabled to the next City Councilmeeting. Mr. Westergard requested the item be tabled.

Motion by Councilmember Engberg, second by councilmember Gaines to table RES.R16- 0048 to the May 17, 2016 City Council Meeting. Upon roll call vote, Florance,Mumgaard, Gaines, Glover, Jaworski, and Engberg all voted yes. Voting no: none.Absent: Kluch and Stubbe. Motion carried.

ORD. 1717 — AN ORDINANCE TO AMEND CHAPTER 205. ARTICLE IV OF THEPAPILLION ZONING CODE HAVING TO DO WITH ZONING DISTRICT

REGULATIONS; ARTICLE IX OF THE PAPILLION ZONING CODE HAVING TO DO

WITH THE R-3 URBAN FAMILY RESIDENTIAL DISTRICT: CHAPTER 205, ARTICLEX OF THE PAPILLION ZONING CODE HAVING TO DO WITH THE R-4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT• CHAPTER 205 ARTICLE XII OF THE PAPILLIONZONING CODE HAVING TO DO WITH THE O OFFICE DISTRICT: CHAPTER 205,ARTICLE XIII OF THE PAPILLION ZONING CODE HAVING TO DO WITH THELIMITED COMMERCIAL DISTRICT; CHAPTER 205. ARTICLE XIV, OF THE

PAPILLION ZONING CODE HAVING TO DO WITH THE CC COMMUNITY

COMMERCIAL DISTRICT• CHAPTER 205 ARTICLE XV OF THE PAPILLIONZONING CODE HAVING TO DO WITH THE GC GENERAL COMMERCIAL

DISTRICT: CHAPTER 205, ARTICLE XVII OF THE PAPILLION ZONING CODEHAVING TO DO WITH THE LI LIMITED INDUSTRIAL DISTRICT; CHAPTER 205,

ARTICLE XVIII OF THE PAPILLION ZONING CODE HAVING TO DO WITH THE GIGENERAL INDUSTRIAL DISTRICT: CHAPTER 205, ARTICLE XXIV OF THEPAPILLION ZONING CODE HAVING TO DO WITH THE LARGE PROJECT

DISTRICT; CHAPTER 205, ARTICLE XXVI11 OF THE PAPILLION ZONING CODEHAVING TO DO WITH THE HOD HIGHWAY OVERLAY DISTRICT, CHAPTER 205;

ARTICLE XXX OF THE PAPILLION ZONING CODE HAVING TO DO WITH THEMULTI- FAMILY DESIGN GUIDELINES; CHAPTER 205. ARTICLE XXXI OF THE

PAPILLION ZONING CODE HAVING TO DO WITH THE CIVIC, COMMERCIAL, ANDOFFICE DESIGN GUIDELINES: CHAPTER 205, ARTICLE XXXII OF THE PAPILLIONZONING CODE HAVING TO DO WITH THE INDUSTRIAL DESIGN GUIDELINES;CHAPTER 205, ARTICLE XXXIII OF THE PAPILLION ZONING CODE HAVING TODO WITH SUPPLEMENTAL USE REGULATIONS: CHAPTER 205. ARTICLE XXXIV

OF THE PAPILLION ZONING CODE HAVING TO DO WITH SUPPLEMENTAL SITEDEVELOPMENT REGULATIONS• AND TO PROVIDE FOR AN EFFECTIVE DATE.

Motion to approve ORD. 1717 by Councilmember Jaworski, second by CouncilmemberGlover. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, and

Engberg all voted yes. Voting no: none. Absent: Kluch and Stubbe. Motion carried.

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ORD. 1718 — AN ORDINANCE TO AMEND CHAPTER 205, ARTICLE XXXV OF THEPAPILLION ZONING CODE HAVING TO DO WITH LANDSCAPING AND

SCREENING REGULATIONS AND TO PROVIDE FOR AN EFFECTIVE DATE. Motionto approve ORD. 1718 by Councilmember Jaworski, second by CouncilmemberFlorance. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, and

Engberg all voted yes. Voting no: none. Absent: Kluch and Stubbe. Motion carried.

ORD. 1719 — AN ORDINANCE TO AMEND CHAPTER 205. ARTICLE 11 OF THEPAPILLION ZONING CODE HAVING TO DO WITH DEVELOPMENT DEFINITIONS;

I CHAPTER 205. ARTICLE III OF THE PAPILLION ZONING CODE HAVING TO DOWITH USE TYPES: CHAPTER 205. ARTICLE IV. TABLE 205-38 OF THE PAPILLIONZONING CODE HAVING TO DO WITH PERMITTED USES BY ZONING DISTRICT;

CHAPTER 205 ARTICLE VI HAVING TO DO WITH THE RE RESIDENTIALESTATES DISTRICT: CHAPTER 205, ARTICLE IX OF THE PAPILLION ZONING

CODE HAVING TO DO WITH THE R-3 URBAN FAMILY DISTRICT; CHAPTER 205,

ARTICLE XXI OF THE PAPILLION ZONING CODE HAVING TO DO WITH THEDOWNTOWN OVERLAY DISTRICT• CHAPTER 205 ARTICLE XXXIII OF THE

PAPILLION ZONING CODE HAVING TO DO WITH SUPPLEMENTAL USE

REGULATIONS• CHAPTER 205 ARTICLE XXXIV OF THE PAPILLION ZONINGCODE HAVING TO DO WITH SUPPLEMENTAL SITE DEVELOPMENT

REGULATIONS• CHAPTER 205 ARTICLE XXXVI OF THE PAPILLION ZONINGCODE HAVING TO DO WITH OFF-STREET PARKING; CHAPTER 205. ARTICLE

XXXVII OF THE PAPILLION ZONING CODE HAVING TO DO WITH SIGNS;CHAPTER 205 ARTICLE XXXIX OF THE PAPILLION ZONING CODE HAVING TO

DO WITH ADMINISTRATION AND PROCEDURES: AND TO PROVIDE FOR AN

EFFECTIVE DATE. Motion to approve ORD. 1719 by Councilmember Engberg, secondby Councilmember Gaines. Upon roll call vote, Florance, Mumgaard, Gaines, Glover,Jaworski, and Engberg all voted yes. Voting no: none. Absent: Kluch and Stubbe.Motion carried.

ORD. 1731 — AN ORDINANCE TO AMEND CHAPTER 205. ARTICLE II HAVING TODO WITH DEVELOPMENT DEFINITIONS: CHAPTER 205. ARTICLE I11 OF THE

PAPILLION 20NING CODE HAVING TO DO WITH USE TYPES; CHAPTER 205,

ARTlCLE IV. TABLE 205-38 OF THE PAPILLION ZONING CODE HAVING TO DOWITH PERMITTED USES BY ZONING DISTRICTS; CHAPTER 205. ARTICLE XV OFTHE PAPILLION ZONING CODE HAVING TO DO WITH THE GC GENERALCOMMERCIAL DISTRICT: CHAPTER 205. ARTICLE XVII OF THE PAPILLION

ZONING CODE HAVING TO DO WITH THE LI LIMITED INDUSTRIAL DISTRICT;CHAPTER 205. ARTICLE XXVIII OF THE PAPILLION ZONING CODE HAVING TODO WITH THE HOD HIGHWAY OVERLAY DISTRICT; CHAPTER 205. ARTICLE

XXXVI OF THE PAPILLION ZONING CODE HAVING TO DO WITH OFF-STREETPARKING; AND TO PROVIDE FOR AN EFFECTlVE DATE. Motion to approve ORD.

1731 by Councilmember Jaworski, second by Councilmember Mumgaard. Upon roll callvote, Florance, Mumgaard, Gaines, Glover, Jaworski, and Engberg all voted yes. Votingno: none. Absent: Kluch and Stubbe. Motion carried.

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ORD. 1732 — AN ORDINANCE TO AMEND CHAPTER 205 ARTICLE XXXI OF THE

PAPILLION ZONING CODE HAVING TO DO WITH THE COMMERCIAL AND OFFICEDESIGN GUIDELINES: CHAPTER 205. ARTICLE XXXII OF THE PAPILLION

ZONING CODE HAVING TO DO WITH THE INDUSTRIAL DESIGN GUIDELINES;AND TO PROVIDE FOR AN EFFECTIVE DATE. Motion to approve ORD. 1732 byCouncilmember Glover, second by Councilmember Engberg. Upon roll call vote,

Florance, Mumgaard, Gaines, Glover, Jaworski, and Engberg all voted yes. Voting no:none. Absent: Kluch and Stubbe. Motion carried.

RES. R16-0043-01 — A resolution to approve three (3) tract pavments for the riqht-

of-wav and easement acquisitions to improve Schram Road from 84th Street to90th Street ( Tracts 10. 11 and 12) — Jeff Thompson — 898-9092. Motion to approve

RES. R16-0043-01 by Councilmember Jaworski, second by Councilmember Florance.Mayor Black called for proponents and opponents. None came forward. Upon roll call

vote, Florance, Mumgaard, Gaines, Glover, Jaworski, and Engberg all voted yes. Votingno: none. Absent: Kluch and Stubbe. Motion carried.

RES. R16-0045 — PUBLIC HEARING AND VOTE — A resolution to approve a ClassC" Liauor License for Farewav Stores Inc. d/ b/a Farewav Stores Inc. #049, 1325

Jersev Street, Papillion, NE 68046, and Manaqer Application for Joel Wvmore —Elizabeth Butler — 597-2021. Mayor Black opened the public hearing and called forproponents and opponents. No one came forward and the public hearing was closed.

Motion to approve RES. R16-0045 by Councilmember Jaworski, second byCouncilmember Glover.

Council discussion: Councilmember Mumgaard mentioned that this application was for

a restricted Class "C" Liquor License that permits sampling, He inquired if Fareway hasconducted sampling in the past.

Joel Wymore, Fareway Stores Inc. # 049 stepped forward as the representative and

mentioned that this Fareway location has not done sampling in the past, but the changein liquor license will allow customers to taste new products.

Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, and Engberg allvoted yes. Voting no: none. Absent: Kluch and Stubbe. Motion carried.

RES. R16-0058 — A resolution to aaprove a Final Plat for the propertv leqallvdescribed as part of Tax Lot 2A, a tax lot located in the NW '/4 of Section 25, andalso toaether with Tax Lot 2B located in said NW '/ 4 of Section 25, and alsotoqether with Lot 2 — 5, Prairie Corners Two, a subdivision located in said NW '/ 4

of Section 25. and also toqether with the included Cornhusker Road Riaht-of-Wavlocated in, said NW '/4 of Section 25 and also toaether with the included ClarenceLane Ri4ht-of-Wav located in said NW '/< of Section 25, all located in T14N, R11 E

of the 6th PM. Sarpv Countv, NE, aenerallv located south of Cornhusker Road and

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north of Prairie Corners Road between HWY 50 and 141st Street. The applicant isWerner Enterprises, Inc. ( Prairie Corners Five) — Mark Stursma — 597-2077. Motionto approve RES. R16-0058 by Councilmember Gaines, second by CouncilmemberJaworski. Mayor Black called for proponents and opponents.

Proponent: Matt Hubbell, Schemmer and Associates, 1044 North 115th Street, Suite300, ( Omaha) stepped forward on behalf of the applicant and provided an overview of

the development that includes 114 acres that will be replatted into five large industrial

lots. He thanked City staff for their work to meet deadlines.

No one else came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Glover,Jaworski, and Engberg all voted yes. Voting no: none. Absent: Kluch and Stubbe.Motion carried.

RES. R16-0059 — A resolution to aaprove the Prairie Corners Five SubdivisionAQreement — Mark Stursma — 597-2077. Motion to approve RES. R16-0059 byCouncilmember Jaworski, second by Councilmember Glover. Mayor Black called forproponents and opponents. None came forward. Upon roll call vote, Florance,

Mumgaard, Gaines, Glover, Jaworski, and Engberg all voted yes. Voting no: none.Absent: Kluch and Stubbe. Motion carried.

ADMINISTRATIVE REPORTS:

Committee Reports: None forthcoming.Comments from the Floor: None forthcoming.Comments from Mavor and Council: Mayor Black provided an update on the

following: ( 1) Mayor Black gave presentations regarding the sales tax initiative to theSarpy County Chamber of Commerce Board of Directors and the Papillion Area LionsClub; (2) Mayor Black met with a resident who is interested in serving on an appointedboard or commission; (3) Mayor Black attended a reception for 5ump Memorial Libraryat the Sarpy County Youth Detention Center for the Library's donation of books to thecenter; ( 4) Mayor Black attended ribbon cuttings at Waddell & Reed and MonarchGarden; ( 5) Mayor Black attended the City's Arbor Day celebration at Prairie QueenRecreation Area; ( 6) Mayor Black and Mayor Kindig read a joint proclamation at thePapillion- La Vista Schools Foundation's Cooperation BEST event; (7) Mayor Black

attended the American Legion' s spaghetti feed; and ( 8) Mayor Black and Dan Hoins

attended a United Cities meeting.

Mayor Black thanked the Public Works Department for their work during Spring Clean-up. He mentioned that the dump site will be open next Friday and Saturday for onlybrush. The State of the County will be held on May 5, 2016, and the Trumble ParkDARE graduation is scheduled for May 10, 2016.

Councilmember Mumgaard asked what questions are being asked about the half centsales tax ballot question that will be on the May 10, 2016 Primary Election ballot. MayorBlack responded that people ask if there is opposition. He provides an answer that the

2003, 2006, and 2011 Master Parks Plans all include building a community center. In

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the 2012 Citizen Survey the City excelled in every category except one, which wasparks and recreation. He feels that this is due to not building a community center. Hecommented on the work staff has done on this project as well as the citizen committee.

People have worked hard to educate the community about the project.

Closed Session: Mayor Black stated for the record that the purpose of the closed

session was to protect the public interest to discuss litigation regarding PinnacleEnterprises, Inc., the Board of Equalization Appeal, and annexation, as well as, landnegotiations pertaining to parks. Motion by Councilmember Glover, second byCouncilmember Gaines, to go into closed session. Mayor Black called for proponentsand opponents. None came forward. Upon roll call vote, Florance, Mumgaard, Gaines,

Glover, Jaworski and Engberg all voted yes. Voting no: none. Absent: Kluch and

Stubbe. Motion carried. Mayor Black restated for the record the purpose of the closed

session. Mayor Black then stated the closed session would include the following: Mayor,City Council, City Administrator, Assistant City Administrator, City Attorney, CityEngineer, City Clerk and Planning Director. Council went into closed session at 8:09PM.

Upon returning from closed session, Mayor Black stated for the record that the onlyitems discussed in closed session were litigation regarding Pinnacle Enterprises, Inc.,the Board of Equalization Appeal, and annexation, as well as, land negotiations

pertaining to parks. Motion by Councilmember Jaworski, second by CouncilmemberGaines, to come out of closed session. Upon roll call vote, Florance, Mumgaard,

Gaines, Glover, Jaworski and Engberg all voted yes. Voting no: none. Motion carried.Absent: Kluch and Stubbe. Council returned from closed session at 9:02 PM.

A DJOURNMENT:

Motion by Councilmember Jaworski second by Councilmember Glover to adjourn. Uponroll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski and Engberg all voted yes.Voting no: none. Motion carried. Absent: Kluch and Stubbe. Meeting adjourned at 9:03PM.

CITY OF PAPILLION

D ID P. BLACK, MAYORATTEST:

G..OF Pqp

ELIZABE BUTLER, CITY CLERK SEAL) G RRq` p2

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May 3, 2016