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

PAPILLION CITY COUNCIL MINUTES

TUESDAY, MARCH 5. 2013 (a)-7: 00 P. M.

The City Council of the City of Papillion met in open and public session at Papillion CityHall on March 5, 2013, 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 ChristineMyers, City Attorney Karla Rupiper, Planning Director Mark Stursma, Fire Chief BillBowes, City Engineer Jeff Thompson, Police Chief Len Houloose, Director of Golf

Maintenance Tom James, Recreation Director Lori Hansen, Finance Director NancyPurscell and Chief Building Official Todd Aerni.

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 visualrecording of the council meeting.

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

Presentation: Jodi Rinne, HSMC Orizon LLC, 16924 Frances Street, Suite 210,

Omaha), provided the audit report. Ms. Rinne explained that the City received anunqualified opinion, which is the best rating a city can receive. She also noted that theCity received the Certificate of Achievement in Excellence for the second year in a row.

ADMINISTRATOR' S REPORT: City Administrator Dan Hoins gave an update on thefollowing: ( 1) Commented on the audit report and the City's budget; ( 2) Provided an

update on legislative bills impacting the City; ( 3) There have been inquiries on the

Neighborhood Grant Program; ( 4) Mike Neuzil received the Spirit Award from St.

Columbkille Church.

Motion to move Agenda item E3. ORD. 1666 to after item F6. RES. R13-0026 byCouncilmember Jaworski, second by Councilmember Kluch. Mayor Black called for

proponents and opponents. None came forward. Upon roll call vote, Florance,

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

CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval

of the Minutes from the February 19, 2013 City Council Meeting; ( 3) Approval of

the bills as presented; ( 4) RES. R13-0030 — A resolution to award the contract forWater Section V for SID 286 (Stockmans Hollow Replat 4) to Kersten Construction

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Inc. in the amount of$ 63,228.96 — Jeff Thompson — 898-9092; ( 5) RES. R13-0034—

A resolution to approve a Lease with Option to Purchase Agreement with

Community First National Bank for the financing of two dump trucks — Nancy

Purscell — 597-2039. Motion to approve the Consent Agenda by CouncilmemberEngberg, second by Councilmember Stubbe. Councilmember Glover removed item C5.RES. R13- 0034 from the Agenda. Mayor Black called for proponents and opponents.None came forward. Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski,

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

C( 5) RES. R13-0034 — A resolution to approve a Lease with Option to Purchase

Agreement with Community First National Bank for the financing of two dumptrucks — Nancy Purscell — 597-2039. Motion to approve RES. R13-0034 byCouncilmember Jaworski, second by Councilmember Kluch. Mayor Black called for

proponents and opponents. None came forward.

Council discussion: Councilmember Glover inquired about this method of paying for thedump trucks. Mr. Hoins responded that the City does not typically use this method topurchase large equipment. He added that this resolution would replace 20 year old

dump trucks and the City would like to start the purchase process now as it takes over ayear to obtain the equipment. Councilmember Glover asked if the City purchased adump truck last year. Mr. Hoins could not recall if the City purchased one.

Councilmember Glover mentioned that he would favor an equipment rotation program

so the City does not have to purchase multiple vehicles at one time.

Councilmember Florance inquired if the current budget authorizes the purchase of two

dump trucks. Mr. Hoins confirmed.

Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and

Engberg all voted yes. Voting no: none. Motion carried.

BILLS: 442- Praxair Distribution Co: $ 39.53 / supplies; ABM Janitorial - North Central,

Inc: $ 3, 697.36 / services; Advanced Office Automation, Inc: $ 241. 79 / service; AFLAC:

519.38 / payroll deduction; Aksarben Heating & Air: $ 10, 655.00 / service; Alamar

Uniforms: $ 1, 075.05 / supplies; Alley Poyner Macchietto Architecture PC: $ 379.50

services; AmeriPride Services, Inc: $ 37.00 / service; AmSan: $ 57. 32 / supplies; AmyWenzl: $ 20.00 / reimbursement; Anderson Electric: $ 167.00 / supplies; Anderson

Industrial Engines Co, Inc: $ 143. 71 / supplies; Andrew Sherman: $ 274.20

reimbursement; Applied Concepts Inc: $ 1, 390.00 / parts; APWA: $169.00 / membership;Art Fac Graphics, LLC: $ 174.00 / service; Asphalt & Concrete Materials Co.: $ 270.84

supplies; Associated Fire Protection: $ 364.32 / service; Badger Body & Truck

Equipment , Inc.: $ 79.46 /supplies; Baker & Taylor: $5,739. 17 / books; Bellevue Leader:136.00 / service; Better Business Equipment: $ 177.50 / supplies; Black Hills Energy:4, 060.02 / natural gas; Blackboard Inc: $ 17,094.00 / service; Blue Cross Blue Shield:179,798.90 / insurance; Brentwood Auto Wash, LLC: $ 21. 00 / service; Carpet Land:

591. 64 / service; Cathy McMahon: $ 111. 87 / reimbursement; CIT: $ 159.86 / service; CityOf Papillion: $ 18, 124. 75 / payroll; Colonial Life Insurance Co: $ 643.62 / payroll

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deduction; Constellation: $ 2, 537.96 / utilities; Cornhusker Int' I Trucks Inc: $ 162, 439.42

supplies; Cox Business Services LLC: $ 597.60 / utilities; Cummins Central Power, LLC:20.08 / service; Curbside Rewards, LLC: $ 160.00 / service; D & D Communications:

393.00 / service; Dakota Supply Group: $ 6, 202.03 / supplies; Dan Hoins: $ 350.00

reimbursement; Darren Carlson: $ 289.00 / reimbursement; Dave Ogden: $ 241. 10

refund; David P Black: $ 702.20 / reimbursement; DEMCO, Inc.: $ 520.62 / books; Dex

Media East, Inc: $ 427.35 / service; DHHS: $ 268.00 / license; Diamond Vogel: $ 197.85

supplies; Echo Group, Inc.: $ 624.95 / supplies; Exchange Bank: $ 1, 490.00 / lease;

Factory Motor Parts Co: $ 45.83 / supplies; Farmers Union Co-Operative Assn.: $ 69.00

supplies; Fastenal Company: $ 166.77 / supplies; Fast Signs: $ 36.50 / supplies; FedEx

Office: $ 111. 66 / supplies; Feld Fire: $ 184.00 / supplies; FIREPAC: $ 869.50 / payroll

deduction; First National Bank: $ 14, 154.94 / insurance; Fleet Pride: $ 158.72 / supplies;

Fraternal Order Of Police: $ 1, 185. 00 / payroll deduction; Front Range Fire Apparatus:306.64 / parts; Funds by Hasler: $423.00 / postage; G & K Services - Omaha: $ 605.65

supplies; Gale: $ 587.73 / books; Genworth Life & Annuity Ins Co: $ 21. 58 / payroll

deduction; Grainger, Inc.: $ 17.60 / supplies; Great Plains Government Finance Officers:85.00 / membership; Great Plains Uniforms: $ 109.50 / supplies; Hach Company:364.45 / supplies; Hampton Inn - Kearney: $ 169.90 / service; Haney Shoe Store, Inc.:201. 95 / supplies; Helget Gas Products Inc: $36. 50 / supplies; Hi- Line, Inc: $ 259.62

supplies; Hiller Electric Company: $ 86.81 / refund; Home Depot Credit Services:412.21 / supplies; Honeyman Rent-All: $ 117. 33 / supplies; Hornung' s Golf Products,

Inc.: $ 182.51 / merchandise; Host Coffee Service Inc: $ 36.95 / supplies; ING Fire:

17, 197. 05 / payroll - pension; ING: $ 43,439.59 / deferred comp; Ingram LibraryServices, Inc.: $ 158.37 / books; Interstate Power Systems: $41. 02 / supplies; Iowa Prison

Industries: $ 3, 195.80 /supplies; Junior Library Guild: $ 342.00 / books; K Electric Co Inc:1, 255.00 / service; Kriha Fluid Power Co., Inc.: $ 88.38 / supplies; Kriz-Davis Company:256.83 / supplies; LaRue Distributing, Inc: $ 177. 60 / supplies; Laura Jean O'Connor:150.00 / operations; Life-Assist Inc: $ 179.45 / supplies; Logan Contractors Supply Inc:67.64 / supplies; Lowe's Business Account: $102.86 / supplies; Mainelli Mechanical

Contractor, Inc: $ 537. 15 / services; Martin Marietta Materials: $ 905.52 / supplies; Max I

Walker: $ 11. 30 / service; Menards: $ 85. 61 / supplies; Michael Todd & Co Inc: $ 30.96

supplies; Midlands Printing: $ 1, 012.01 / supplies; Midwest Tape: $ 802.62 / audio;

Midwest Turf & Irrigation: $ 310.45 / supplies; Millard Winnelson Co: $ 293.97 / supplies;

MMS - A Medical Supply Company: $ 1, 068.94 / supplies; Mower Doctor: $ 31. 90

service; NACR, Inc: $ 2,065. 14 / supplies; Napa Auto Parts: $214.02 / supplies; NE

Public Health Environmental Lab.: $ 281. 25 / service; Nebraska Law Enforcement:

228.00 / training; Nebraska Library Association: $ 160. 00 / dues; Nebraska Liquor

Control Commission: $ 45.00 / service; Nebraska State Library: $25.00 / books;

Nebraska- Iowa Industrial Fasteners: $ 19.07 / supplies; NMC Exchange: $ 694.44

supplies; NPR, Inc: $ 125.00 / service; OCLC, Inc.: $605.34 /supplies; Office Depot, Inc.:225.86 / supplies; Omaha Compound Company: $467. 56 / supplies; Omaha Public

Power District: $ 88,625.71 / electricity; Omaha World Herald: $ 88.40 / service; O' ReillyAuto Parts: $ 27.33 / supplies; Pal- Fleet Truck Equipment: $ 1, 106.50 / parts; Papillion

Glass & Door Co.: $ 107.99 / service; Papillion Professional Fire Fighters: $ 453.25

payroll-deduction; Payroll Maxx, LLC: $384, 163. 34 / payroll; PCEA: $190. 00 / payroll

deduction; Personnel Committee: $ 101. 50 / employee fund; Pitney Bowes: $ 153. 00

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service; PMAM Corporation: $ 1, 385.00 / services; Police & Firemen's Insurance

Association: $ 1, 505.57 / payroll deduction; Police Chiefs Association Of Nebraska:50.00 / membership; Premier-Midwest Beverage Co: $ 37. 50 / merchandise;

Professional Management Coaching: $ 900.00 / training; PROforma: $ 1, 185.95 /supplies;

Pruitt Outdoor Power, Inc: $25.27 / supplies; Push Pedal Pull: $ 80.00 / parts; PVFD, Inc:

100.00 / service; Quality Brands of Omaha, Inc: $ 575. 10 / merchandise; R & S Press,

Inc.: $ 198.00 / supplies; Random House, Inc: $ 123.75 / books; Reagan, Melton &

Delaney, LLP: $ 212. 00 / legal; Ride into History Cultural: $ 280.00 / training; Robin Clark:198. 88 / reimbursement; Ruth Hoagboon: $ 985.50 / service; Sapp Bros., Inc:

11, 129.62 / fuel; Sarpy County Economic Development Corp.: $ 105.00 / membership;Sarpy County Election Commission: $ 1, 317.38 / service; Sarpy County Register ofDeeds: $ 46.00 / service; Schemmer: $2, 382. 50 / service; Shamrock Concrete Company:

1, 331. 48 / supplies; Sherwin-Williams: $ 372.46 / supplies; Sign IT: $ 2, 269.80 / supplies;

Standard Heating & Air: $1, 284.55 / services; Sunny Bunny Easter Eggs: $ 2, 435.20

supplies; Superior Signals Inc: $ 731. 96 / supplies; Target 7720: $ 35.91 / supplies; The

UPS Store - 5359: $23. 17 / service; Thompson Dreessen & Dorner, Inc: $ 8,040.00

engineering; Thomson Reuters: $ 192. 60 / periodicals; Toro NSN: $ 4, 380.00 / service;

Tractor Supply Company: $41. 98 / supplies; Tur(werks: $214.23 / supplies; US Bank

Equipment Finance: $ 283. 12 / contract; US Foods, Inc: $ 50.20 / supplies; UtilityEquipment Company: $699.84 /supplies; Verizon Wireless: $ 143. 12 / utilities; Vierregger

Electric Company, Inc.: $ 188. 72 / service; Visa: $ 1, 956.04 / service; Walmart

Community: $ 173. 14 / supplies; Washington National Insurance Co.: $ 58.80 / insurance;

Wells Fargo Financial Leasing: $ 516.66 / service; Wick's Sterling Trucks Inc: $ 29.26

supplies; Windstream: $ 1, 301. 31 / service; Zep Sales & Service: $330.96 / supplies;

ZirMed, Inc: $124.00 /services. BILLS TOTAL: $ 1, 046,827.05.

ORDINANCES FIRST READING: None.

ORDINANCES SECOND READING:ORD. 1664 - An ordinance to amend the official zoning map of the City of Papillionadopted by Ordinance No. 1606 by changing boundaries of the zoning map of theCity of Papillion in accordance with Section 205-32 of Papillion City Code torezone certain real property within the zoning jurisdiction of the City of Papillion,Sarpy County, Nebraska legally described as tax lots 3, 4, 5, and 6 in the West '/2of the NE '/ 4, together with the East % of the NE '/ 4, all in Section 31, T14N, R12E of

the 6th PM, Sarpy County, NE, generally located on the SW corner of 120th Streetand HWY 370 from Agriculture District (AG) to Mixed Use ( MU) and Multiple

Family Residential ( R-4), and to provide for an effective date thereof (AshburnFarm). Mayor Black opened the public hearing and called for proponents andopponents.

Proponents: Ken Pollard, Lamp, Rynearson & Associates, 14710 W Dodge Road

Omaha), representing the applicant stepped forward to answer questions. Mr. Pollardbelieves that this is a great development for the City.

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

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ORD. 1665 - An ordinance to amend the official zoning map of the City of Papillionadopted by Ordinance No. 1606 by changing boundaries of the zoning map of theCity of Papillion in accordance with Section 205-32 of Papillion City Code torezone certain real property within the zoning jurisdiction of the City of Papillion,Sarpy County, Nebraska legally described as part of the NE 114 of Section 30,T14N, R12E of the 6th PM, Sarpv County, generally located on the NW corner of120th Street & Lincoln Road from Agriculture District ( AG) to Multiple Family

Residential (R-4), and to provide for an effective date thereof (North Shore). Mayor

Black opened the public hearing and called for proponents and opponents.

Proponents: Ken Pollard, Lamp, Rynearson & Associates, 14710 W Dodge Road

Omaha), representing the applicant stepped forward to answer questions.

Councilmember Stubbe questioned the traffic impact the proposed boulevard that runs

north and south will have on the stadium. Mr. Pollard responded that the boulevard is a

good route, but this will not be the only route available.

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

ORDINANCES THIRD READING AND RESOLUTIONS:ORD. 1663 — An ordinance to amend in its entirety Chapter 162 Article I,Collection and Disposal of Solid Waste, and Article II, Refuse Collectors, of thePapillion Municipal Code having to do with solid waste: and to provide for aneffective date thereon. Motion to approve ORD. 1663 by Councilmember Stubbe,second by Councilmember Engberg. Upon roll call vote, Florance, Mumgaard, Gaines,Glover, Jaworski, Kluch, Stubbe and Engberg all voted yes. Voting no: none. Motioncarried.

RES. R13-0031 — A resolution to amend the Master Fee Schedule pertaining toRefuse Collectors fees — Elizabeth Butler — 597-2021. Motion to approve RES. R13-

0031 by Councilmember Glover, second by Councilmember Stubbe. Mayor Black calledfor proponents and opponents. None came forward. Upon roll call vote, Florance,

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

RES. R13-0032 — A resolution to approve a Trash Hauling Permit for MetroDisposal and Waste — Elizabeth Butler — 597-2021. Motion to approve RES. R13-

0032 by Councilmember Kluch, second by Councilmember Stubbe. Mayor Black calledfor proponents and opponents. None came forward.

Council discussion: Councilmember Glover asked the applicant where the companycurrently conducts business. Scott Hughbanks, Metro Disposal & Recycling, Inc., 6030

South 60th Street (Omaha), responded that his company currently conducts business inthe Omaha metro area including Council Bluffs. Councilmember Glover inquired if othercities require him to obtain a permit and if so how he was notified of the permit process.

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Mr. Hughbanks responded that the City of Gretna and the City of Council Bluffs requirepermits and he was notified after they started hauling in their cities. CouncilmemberGlover asked if he was aware he needed a permit in Papillion. Mr. Hughbanks

responded that he was not aware a permit was required for commercial hauling.

Upon roll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and

Engberg all voted yes. Voting no: none. Motion carried.

RES. R13- 0024 — A resolution to approve the First Amendment to the ClatterbuckAddition Subdivision Agreement — Karla Rupiper — 829-0500. Motion to approve

RES. R13- 0024 by Councilmember Engberg, second by Councilmember Gaines. MayorBlack called for proponents and opponents. None came forward. Upon roll call vote,

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

RES. R13- 0025 — PUBLIC HEARING AND VOTE - A resolution to approve a

Preliminary Plat for the property legally described as a platting of Tax Lots 3, 4, 5,and 6 in the West '/ 2 of the NE '/ 4, together with the East 1/

2 of the NE '/ 4, all in

Section 31, T14N, R12E of the 6th PM, Sarpv County, NE, generally located onthe SW corner of 120th Street and HWY 370. The applicant is BHI DevelopmentLLC. ( Ashburn Farm) — Mark Stursma — 597-2077. Mayor Black opened the public

hearing and called for proponents and opponents.

Proponents: Ken Pollard, Lamp, Rynearson & Associates, 14710 W Dodge Road

Omaha), representing the applicant stepped forward to answer questions.

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

Motion to approve RES. R13-0025 by Councilmember Jaworski, second byCouncilmember Florance. Upon roll call vote, Florance, Mumgaard, Gaines, Glover,

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

RES. R13-0026 — PUBLIC HEARING AND VOTE- A resolution to approve a

Preliminary Plat for the property legally described as part of the NE 1/ 4 of Section30, T14N, R12E of the 6th PM, Sarpv County, generally located on the NW cornerof 120th Street & Lincoln Road. The applicant is BHI Development LLC. ( North

Shore) — Mark Stursma — 597- 2077. Mayor Black opened the public hearing andcalled for proponents and opponents.

Proponents: Ken Pollard, Lamp, Rynearson & Associates, 14710 W. Dodge Road

Omaha), representing the applicant stepped forward to answer questions.

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

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Motion to approve RES. R13-0026 by Councilmember Jaworski, second byCouncilmember Kluch. Upon roll call vote, Florance, Mumgaard, Gaines, Glover,

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

ORDINANCES SECOND READING: ( Postponed to after item RES. R13-0026)

ORD. 1666 - An ordinance to amend the official zoning map of the City of Papillionadopted by Ordinance No. 1606 by changing boundaries of the zoning map of theCity of Papillion in accordance with Section 205-32 of Papillion City Code torezone certain real property within the zoning jurisdiction of the City of Papillion,Sarpy County, Nebraska legally described as Lot 383 Eagle Ridge, generally

located on the SW corner of Cornhusker Road and Fall Creek Road fromCommunity Commercial ( CC) to Mixed Use ( MU), and to provide for an effective

date thereof (Fall Creek Development). Mayor Black opened the public hearing andcalled for proponents and opponents.

Proponents: Larry Jobeun, 11440 W. Center Rd. ( Omaha), stepped forward as

representative for the request. He introduced the applicant's representatives: Herb

Freeman ( FC Papillion LLC), Jason Lanoha ( Lanoha Development — apartment

developer), Jered Morris ( Olsson Associates), Jeff Lake ( Olsson Associates), and Dave

Johnson ( Studio 951). He displayed an aerial view of the area surrounding the proposeddevelopment. He also reviewed the zoning districts of the surrounding area. Mr. Jobeunnoted that the proposed development site is a 16 acre site that has been vacant for 26years and is zoned Community Commercial ( CC). All that would be required for thecivic, office, and commercial uses permitted in the CC District is a building permit. Mr.

Jobeun displayed a site plan for a 100, 000 SF retail development consistent with CC

District uses. He explained that CC zoning is more intense than the proposed MixedUse ( MU) District and provided some examples. Mr. Jobeun stated that the proposal is

consistent with the Comprehensive Plan. He displayed the MU District site plan, which

includes a 5,000 SF convenience store, a 17, 500 SF retail/ multi- tenant building ( the

developer did agree to limit the sale of alcohol in the multi- tenant building to two uses),a 1, 300 SF coffee store ( or potentially office or commercial use), and 11 acres of multi-

family. The multi- family will consist of 252 units in nine three-story buildings, a 5,000 SFclubhouse, a pool, a play area, and detached garages as well as garages within thebuildings themselves. The buildings will be a mix of 25 to 32 units per building with asplit between one-bedroom and two-bedroom units. Mr. Jobeun advised that the multi-

family development will have significant landscaping done by Lanoha. He then

displayed and explained a cross-section showing the distance between the multi-familybuildings and the single-family residences. He added that this development meets thebuffer requirement and exceeds it. He summarized the distances and said the multi-

family was an appropriate buffer between the single-family residential and thecommercial uses. Mr. Jobeun said that multi- family is encouraged within a Mixed UseDistrict and along major arterial streets. He advised that the 21. 5 unit/acre density isconsistent with the densities of Shadow Lake Square (21 units/acre) and Tuscany Placeat Stockmans Hollow ( 20 units/acre). He showed the access points from Eagle RidgeDrive, Fall Creek Road ( two access points), and Cornhusker Road ( right-in/ right-out

only). He noted that the intersection at Fall Creek Road and Cornhusker Road is

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signalized. Also, the intersection at Eagle Ridge Drive and Cornhusker Road will have a

signal due to the neighborhood meeting and traffic engineer studies. Dedicated rightturn lanes at Eagle Ridge Drive and Fall Creek Road are provided. The developmentwill add $ 30, 000,000 in valuation, which will hopefully make SID 143 viable forannexation. He also noted that SID 143 has agreed to finance public improvements forthis project. He displayed the conceptual elevations of the buildings that will be

constructed by Lanoha and noted that the applicant worked with planning staff on theseelevations. The multi-family buildings will have granite countertops, fireplaces, and fullappliances. Building materials will include brick, vinyl, asphalt shingles, and compositematerials on the balconies. He provided pictures of other apartments the developer hasdone, which are similar to the proposed project. He then displayed the concepts for theclubhouse ( including the pool) and the multi- tenant retail building. He believes this

development will not negatively impact the home valuations but could increase them.He then distributed an informational handout to Council on the impacts of multi- familydevelopments on single-family homes.

Mayor Black announced that the handout would be made available on the City' s websiteon the Planning Department' s web page.

Mike Rogers, Westgate Plaza Inc., 8250 Grover Street ( Omaha), stated that his

company has been developing in Papillion since 1978. The proposed portion of the landhas been vacant for 27 years. He explained that over the years there have beenpotential buyers but all of the projects have been rejected. He believes this has

devalued the price of his land. He favors this project and requested that Councilapprove it.

Councilmember Mumgaard asked if the land should remain zoned CC. Mr. Rogers

explained that the land was zoned Light Business ( 131) when the land was platted and it

was changed to Community Commercial. The current Comprehensive Plan suggests itbe zoned MU. Councilmember Mumgaard asked why there was a request to zone thisland CC. Mr. Rogers replied that his company was envisioning a retail center similar toWestgate Plaza located on 84th Street and Grover Street. Councilmember Mumgaardasked why this vision is no longer viable. Mr. Rogers replied that staff hasrecommended it be zoned MU. He added that his family wants to sell this land.Councilmember Mumgaard inquired what will happen if this land remains zoned CC. Mr.Rogers replied that he does not believe the land is valuable zoned CC and would likelyrequest this land be zoned residential. He added that companies want a power corner

and he does not believe this location provides that.

Brian Muench, 1907 Franklin Circle ( Papillion), Chairman of Board for SID 143 stated

that he believes the proposed area is currently an eyesore and should be developed.He said the SID 143 levy was lowered and the proposed project could reduce it furtherby one third. He suggested those worried about the quality of the apartments shouldvisit the developer's other location in Omaha. He feels these apartments are of high

quality. He also believes the convenient store and strip mall would be a nice place towalk to. He then commented on the school district and noted that the SID 143 Board

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has not heard from the school district about any issues of overcrowding. He also hasnot heard from any residents that oppose the SID 143 infrastructure improvements. Hethen commented on the difficulty the SID 143 Board had on filling a vacant seat.

Opponents: Jayne Cromer, 103 Longwood Drive. ( Papillion), Secretary of the EagleHills Homeowners Association contradicted Mr. Muench' s comment that the SID is not

active. She believes that the neighborhood is active as they helped the City build a sign.She then spoke on behalf of the Eagle Hills Homeowners Association stating they donot feel this development is an appropriate use for this land and challenged the City todo better. She requested the City work with the neighborhood to development this area.She then addressed the notion that the neighborhood dismisses every development forthe area. She believes that every development put forth is the same. She indicated thatthe property was zoned CC for a reason and it should remain zoned CC. She thencommented on the proposed gas station which she believes will be a Kum & Go. She

researched the gas stations in town mentioned at the Planning Commission meetingand discovered there are no convenience stores surrounded by houses on three sides,have 20 fuel pumps and, open 24 hours.

Melissa Yeshnowski, 319 Fall Creek Road, ( Papillion), stated that she has been a

resident of Eagle Ridge for ten years. Ms. Yeshnowski commented on the lack of speed

bumps throughout their neighborhood. She expressed concerns that the school may beovercrowded due to the development. She also agreed with Ms. Cromer that the

neighborhood is active as a petition on this development has been circulated formonths.

Linda Stevens, 2009 Skyhawk Avenue, ( Papillion), stated that she also collected

signatures for the petition. She mentioned that she traveled to each apartment complexin town and found that only four have houses next to them. She then expressed

concerns with traffic especially on Skyhawk Avenue to 66th Street and displayed a mapof this route. Her house is a block away from the intersection and it is heavily used byher and surrounding neighbors.

Ronald Dupell, 702 Eagle Crest Circle ( Papillion), stated that he is not concerned about

the traffic flow but rather the growth of the City. He believes the City has done a greatjob managing growth especially along 72nd Street. He inquired if the City plans to annexthe Eagle Crest SID and then expressed frustrations of having to pay double waterrates. Also, he believes the developer should contribute towards the infrastructure not

the citizens.

Matthew Trail, 2006 Eagle Ridge Drive, ( Papillion), believes that this development

negatively impacts the quality of life in Eagle Ridge neighborhood. He has witnessedwith pride the development of the City. He was a former student of Rumsey Station andnoted that the Papillion- La Vista School District is expanding. He noted that concernsabout overcrowding at Rumsey Station were voiced at the Planning Commissionmeeting. He asked the Council to consider Eagle Ridge residents as members of thecommunity. He supports the opinions of the people living in the neighborhood.

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Councilmember Mumgaard inquired about the school district. He reviewed the PlanningCommission minutes which indicated the City should not allow the developmentbecause it will overcrowd the schools. He questioned if the City should stop growinguntil the school district builds more schools. He then asked Mr. Trail if it is the City' s' jobto build and grow and let the school district build schools as a result of growth. Mr. Trailresponded there is a difference between positive growth and negative growth. He

believes this is a dense development that would negatively impact the neighborhood.The neighborhood desires more houses in that area.

Roger May, 2102 Leigh Street, ( Papillion), commented on the planning guidelines anddisplayed pictures of other developments to illustrate how close the apartments are

located to the housing development and the road. He does not believe the distance

between the apartments and the housing development is sufficient. Also, the apartmentcomplex is comprised of 252 apartments which equates to a 50% increase in dwellings

for this housing development. The apartments will account for 35% of the development.

Craig Denny, Jr., 2105 Christine Street, (Papillion) said that his residence will back up tothe apartment complex. He expressed concerns with traffic particularly on ChristineStreet. He does not favor the convenience store and strip mall as he believes it willchange the environment of the area. He noted that the apartments behind Wal- Mart andthe apartments across from Shadow Lake already have a retail environment.

Homeowners are aware that something will be built on this site, but the focus is on theproposal before Council. He feels that the developers should engage the neighborhood

for ideas.

Brian Cieslik, 2114 Dana Lane, ( Papillion), stated that he works with commercial

construction. He expressed concerns with the development of the apartment complex

should the developers exceed their budget. The apartment units could be modified if the

budget is exceeded which will change the demographic of those renting the units.

Michael Rafferty, 2011 Windcrest Avenue, ( Papillion), expressed concerns with the turn

lane and stop light at Cornhusker Road and Eagle Ridge Road. He also expressed

concerns with the four way intersection. He commented on accidents in that area.

Myron Ballain, 2608 Northwood Circle, ( Papillion), stated that he moved to Papillion for

the quality of life and the neighborhoods. He does not feel the proposed development isconsistent with the character of the neighborhood.

Bob Perkins, 219 Oakmont Drive, ( Papillion), stated that he does not support a

convenience store. He recommended a development that enhances the neighborhood

such as upscale, low-density townhomes with a village center, park area and

commercial component.

AI Stevens, 2009 Skyhawk Avenue, indicated that he was involved in the petition that

was circulated in the neighborhood. He feels the SID 143 Board did not make any

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March 5, 2013

efforts to obtain feedback from residents on the proposal. He noted that propertyowners knew the area was zoned CC but would prefer a large grocery store in lieu ofthe proposed development. Mr. Stevens expressed opposition to this development dueto concerns about aesthetics ( since this is the entrance into a prime neighborhood),

traffic (especially due to the increase in traffic since the connection from Franklin Driveto 66th Street was added), and accuracy of the traffic study ( since the connection to66th Street did not exist when the 2007 traffic study was conducted).

Councilmember Mumgaard commented on the SID 143 Board approval of the

development but noted that the Eagle Hills Homeowners Association does not approve.

The SID 143 Board is the elected officials for the proposed area. He questioned why theCity should ignore their request. Mr. Stevens replied that residents would have to livewith the decision made by the SID 143 Board. He feels that homeowners could do abetter job supporting SID 143.

Randy Trail, 2006 Eagle Ridge Drive, ( Papillion), expressed concerns with the proposed

development and feels it does not fit the area.

Rocky Lee, 2514 Pinehurst Plaza, ( Papillion), stated that he has been a resident of

Eagle Ridge the past nine years. Mr. Lee expressed concerns with traffic and does not

favor anything that increases the traffic in the area after 11: 00 PM. He also noted thatthe apartment complex in Omaha does not have an alcohol selling establishment nextto it.

Melissa Trail, 2006 Eagle Ridge Drive, ( Papillion), expressed concerns with traffic. She

commented on the apartment complex and does not feel this location is a good fit forthis project.

Ryan Kolarik, 504 Fleetwood Drive, ( Papillion), indicated that he favors this area be

zoned residential.

Larry Faulkner, 2010 Windcrest Avenue, ( Papillion), displayed his residence on a mapand expressed concerns about traffic increase.

Molly Howell, 2103 Franklin Drive, ( Papillion), provided her education background. She

favors Rumsey Station Elementary School and moved to the area so her children couldattend that school. She believes the apartment buildings will negatively impact theschools.

Chris Giguere, 125 Fall Creek Road, ( Papillion), stated that he is a new resident to the

neighborhood. He feels that building an apartment complex will impact the school andhis disabled son might not receive the attention he needs. Residents knew that areawas zoned CC but did not intend for it to be apartments.

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March 5, 2013

Ed Hoffke, 2135 Bear Creek Road, ( Papillion), expressed concerns with traffic. He did

not find anything in the traffic study about pedestrian safety. He does not favor thisdevelopment because it will negatively impact the neighborhood' s atmosphere.

John Shields , 324 Castle Pine Drive, ( Papillion), said that he lives next to Fall CreekRoad. He expressed concerns with building a convenience store as it will increasetraffic on Castle Pine Drive.

Doug French, 2006 Windcrest Avenue, ( Papillion), expressed concerns with traffic

especially the deceleration lane. He questioned if his property line would change due tothe deceleration lane and if it would affect his property valuation.

Kim Hauschultz, 123 Wilma Road, ( Papillion), expressed concerns about traffic. She

frequently drives down Cornhusker Road to get to work and believes this proposal willcreate congestion. She then commented on the overall design of the development in

particular the garages and landscaping. She does not support this development and willconsider moving if the development is approved.

Mark Emodi, 2114 Christine Street, ( Papillion), stated that his house backs up to thedevelopment. Homeowners chose this area for longevity and a good quality of life. Hefeels this plan will not add to the quality of life.

Scott Hauschultz, 123 Wilma Road, ( Papillion), expressed frustrations with this

development especially the traffic intersections which could cause car accidents.

Marc Sindelar, 2011 Skyhawk Drive, ( Papillion), stated that he was born and raised in

Papillion and is proud of the growth in the City. He expressed concerns with buildingapartments where a housing addition exists. He also does not feel a gas station isneeded at every corner in the City. The City should continue to grow responsibly andrecognize this is not a good fit.

Prior to the meeting, City Council was provided with copies of the petitions opposing therequest submitted on 8/28/ 12 and 8/29/ 12 and written correspondence opposing therequest received from: Robert Acamo ( 2118 John St.), Lee & Sandy Ackerman ( 1907

Greyson St.), Austin Adams (2007 Liberty Ln.), James Akin- Otiko (2101 Aberdeen Dr.),

A.O. Alabata (307 Fleetwood Dr.) Steven & Sherry Albracht ( 2109 Christine St.),

Diane Aleshire ( 311 Fall Creek Rd.), Javan & Dottie Allen ( 2106 Christine St.), Karen

Ambrose ( 1813 Deerfield Way), William & Mary Andersen ( 1916 Liberty Ln.), Bret

Anderson ( 703 Fall Creek Rd.), Robert Anderson ( 1919 Dana Ln.), Mike & Lori Apgar

2005 Liberty Ln.), Mari Apgar (1918 Franklin Dr.), Wesley & Jean Armitage (602 Castle

Pine Dr.) James & Rose Ault ( 2104 Christine St.), Chad Ballain ( 126 Oakmont Dr.),

Myron Ballain ( 2608 Northwood Cir.), Brent & Kayla Banister ( 121 Oakmont Piz.),

James Baratta (2410 Leigh Ln.), Brett& Holly Barnhart (2110 Leigh Cir.), Frank & CathyBartunek (2006 Ridgewood Drive), William & Leslie Baxter (2111 Franklin Dr.), Brenda

Beck ( 2102 Liberty Ln.), Larry & Joy Becker ( 302 Castle Pine Dr.), Jim & Barb Berg227 Oakmont Dr.), Byron Bertelsen (2105 Aberdeen Dr.), Monica Birge ( 2114 Leigh

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March 5, 2013

Cir.), Bryan Black ( 2101 John St.), James Blackburn ( 2128 Franklin Dr.), Steve &

Dianna Blakely (2113 Christine St.), Duane & Theresa Bland ( 2109 Liberty Ln.), Bryan

Blodgett ( 2143 Cobblestone Rd.), Robert Bockman ( 2116 Savannah Dr.), Jeffrey A.Bosiljevac ( 1808 Windcrest Ave.), Judith Botts ( 2119 Dana Ln.), Greg Bourquin ( 711

Ruby Rd.), Todd & Jill Bradney ( 2105 Dana Ln.), Ted & Judith Brass ( 1811 Deerfield

Way), Jerry & Lori Brennan ( 114 Fleetwood Dr.), Tari Lynn Crompton Briggs ( 11919 W.Villa Chula CQ, Kevin Brokaw( 2107 Betsy Ave.), Robert & Denise Broom ( 2008 Eagle

Ridge Dr.), Sheryl Brown (2102 John St.), Toni Burke ( 1900 Windcrest Ave.), Jerry &Sarah Burrus ( 2013 Dana Ln.), Jerry & Rhonda Byers ( 128 Allison Ave.), Daniel &

Laurie Caldwell (2113 Aberdeen Dr.), Emma Calhoun ( 209 Castle Pine Dr.), Leslie

Carter( 2005 Windcrest Ave.), Michael & Rachael Caruso ( 1915 Dana Ln.), Diane

Casart (2126 Bear Creek Rd.), Richard & Peggy Case ( 205 Castle Pine Dr.), Jarrett &

Amanda Cerise ( 1912 Franklin Dr.), Cory Chavez ( 2126 Liberty Lane), Herb & Pam

Childs ( 214 Fleetwood Dr.), David & Sharon Christensen ( 2124 Christine St.), Robert

Christianson ( 2010 Aberdeen Dr.), Jerry Chrostowski (2512 Pinehurst Piz.), Brian &

Jennifer Cieslik (2114 Dana Ln.), Daniel & Janet Clark (322 Castle Pine Dr.), Victoria

Clayton ( 2009 Dana Ln.), Paul Clemenger ( 1907 Windcrest Ave.), Johnny & Donna

Clopton ( 2015 Eagle Ridge Dr.), Doug Cloyed ( 2011 Eagle Ridge Dr.), Larry & June

Bobette Colgrove ( 2102 Franklin Dr.), Harley Cotton ( 2112 Betsy Ave.), Mark & Jayne

Cromer ( 103 Longwood Dr.), John & Tina Cunningham ( 2006 Blue Sage Dr.), David

Cunningham ( 609 Fleetwood Dr.), Mike Curphy ( 2123 Dana Ln.), Jerry DeCoster ( 212Fleetwood Dr.), Toby Dendinger ( 1807 Greyson Cir.), Craig Denny, Jr. ( 2105 Christine

St.), Royce Dent( 702 Eagle Crest Cir.), Irvin G Dean Dierks ( 327 Castle Pine Dr.),

Chris Dillon ( 2103 Liberty Ln.), Edwin & Rose Divis ( 2007 Skyhawk Ave.), Gladys

Doerr ( 104 S. Fall Creek Rd), Steve & Susan Dolezal ( 123 Oakmont Piz.), Carl

Dominello (2110 Crest Ridge Dr.), Doug Donaldson ( 202 Longwood Dr.), Kathy Douez2119 Leigh St.), Marla Douskey (301 Fall Creek Rd.), Dan & Tacy Drift ( 2101 Crest

Ridge Dr.), Ronald & Carole Dunic ( 2104 Leigh St.), Stephen & Mary Dunn ( 2006

Franklin Dr.), Ronald Dupell ( 702 Eagle Crest Cir.), Rich Eagin ( 2014 Franklin Dr.),

Eagle Ridge Development Company (8250 Grover St.), Beverly& Duane Eckhoff

2004 Blue Sage Dr.), Trish Edwards (2002 Windcrest Ave.), Brian & Kelly Ellis ( 7309 N.281st Ave.), Richard Elman ( 707 Fall Creek Rd.), Mark & Julie Emodi ( 2114 Christine

St.), Claudia Erickson ( 2109 Dana Ln.), Michael Ertz ( 2129 Liberty Ln.), Jeffrey andSusan Escamilla ( 129 S. Fall Creek Rd.), Jaime Evers ( 2119 Crest Ridge Dr.), Mark

Everson and Cindy Parks ( 1806 Ashwood Ave.), Peter Fagan ( 210 Oakmont Dr.),

Sunay & Juliana Faronbi (603 Eagle Crest Dr.), Larry & Flordeliza Faulkner ( 2010

Windcrest Ave.), Scott & Laurie Fitzgerald ( 2144 Cobblestone Rd.), Dan Flanagan

2112 Christine St.), Julie Foral ( 502 Fleetwood Dr.), Kurt R. & Geralyn G. Fox ( 1809

Deerfield Way), Lucy Frangoulis ( 102 Longwood Dr.), Douglas & Janelle French ( 2006

Windcrest Ave.), Marien Fricke ( 713 Fall Creek Rd.), Larry Friend ( 1904 Windcrest

Ave.), Gregg & Mahnee Fries ( 2120 Christine St.), Ken & Sarah Froberg ( 1905

Skyhawk Dr.), Michael & Theresa Fuqua (704 Fall Creek Rd.), Jose Gabiola 2113

Franklin Dr.), Frank Gagliano (2121 Dana Ln.), Shawn & Catherine Gallea ( 410 Black

Forest Dr.), Carol Gates ( 309 Longwood Dr.), Beth Gaule ( 2112 Betsy Ave.), Scott

Gavin ( 1917 Dana Ln.), Denise Gehringer ( 406 Black Forest Dr.), Raymond & Nola

Geiger( 2118 Dana Ln.), Jim & Diane Geist( 2125 Franklin Dr.), William & Donna Gess

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March 5, 2013

307 Longwood Dr.), Robert Getty (2709 John St.), Amy Giandinoto ( 213 Fleetwood

Dr.), Christopher& Bree Giguere ( 125 Fall Creek Rd.), Marnie Giles 2207 Bear

Creek Rd.), Matthew Ginnaty ( 2122 Crest Ridge Dr), Kerry Gorder ( 2707 John St.),Barbara Gottschalk ( 302 Eagle Ridge Dr.), Aaron Graves (2809 Leigh Ln.), Griffin

Homes ( 1002 Roland Dr), Joe & Karen Griffith ( 2003 Windcrest Ave.), Tom & Cheryl

Gruidel (2117 Dana Ln.), Erick, Kenneth, & Vera Gustafson ( 2002 Franklin Dr.),

Bradley Hamel ( 2112 Franklin Dr.), Cheryl Hammond ( 305 Fall Creek Rd.), Gene &

Sue Hansen ( 2116 Franklin Dr.), Chad & Kristy Harmening ( 404 Castle Pine Dr.), Brian

Shelley Harmon ( 2125 Crest Ridge Dr.), Deb and Brian Harrison ( 2701 Leigh Lane),

Harold Hawkins ( 1908 Franklin Dr.), Diana Hawthorne ( 2106 Leigh St.), Ronald & Terri

Headley ( 2009 Aberdeen Dr.), Dolly Hedin ( 2114 John St.), Steven & Sandra Heiman

603 Fall Creek Rd.), Jeffrey Heldt ( 2108 Savannah Dr.), Dale & Cindy Henkel ( 2113Crest Ridge Dr.), William & Christine Herek (2002 Dana Ln.), Tina Hern ( 304 FleetwoodDr.), Lisa Hernandez (2115 Savannah Dr.), Kathleen & William Hill ( 1912 Liberty Ln.),Jim Hirz ( 2601 Leigh Ln.), Earl Hollens ( 1915 Liberty Ln.), Lynette Holloway (213

Oakmont Dr.), Robin Holloway (704 Eagle Crest Cir.), Terrance & Dawn Holmes ( 324

Castle Pine Dr.), Tony Holmes ( 1903 Ridgewood Dr.), Jared & Courtney Holub ( 607 FallCreek Rd.), William & Michelle Hooper ( 130 Longwood Dr.), Dorothy Howard ( 2905

Eagle Hills Cir.), Aaron & Molly Howell ( 2103 Franklin Dr.), Rosa Huguet ( 2109 John

St.), Zigmund & Laurie Jackim ( 2006 Dana Ln.), Robert& Penny Jacober (215

Oakmont Dr.), Martha Jacobo (303 Fall Creek Rd.), Patrice Janicek ( 2111 Liberty Ln.),John Jansen Jr. ( 2517 Pinehurst Cir.), Robert & Barbara Jarvis ( 401 Castle Pine Dr.),Martin Jensen ( 1805 Deerfield Way), Therese Jensen ( 2105 John St.), Michelle

Johnson ( 1917 Liberty Ln.), Marian Johnson ( 303 Fleetwood Dr.), James Johnson

1903 Skyhawk Dr.), Dawna Jones ( 702 Fall Creek Rd.), Joel & Yong Jordan ( 2008

Windcrest Ave.), Matthew & Brenda Jung ( 2108 Franklin Dr.), John Jurgensen ( 1808

Franklin Dr.), Bob Kastrick ( 105 Longwood Dr.), Paul J. Kelly ( 319 Castle Pine Cir.),Tereana Kerr ( 2107 Franklin Dr.), Mary Kielian ( 2007 Windcrest Ave.), Brad Kilgarin

2006 Liberty Ln.), Michelle Klamm (2004 Franklin Dr.), Brian Knauss ( 2007 Franklin

Dr.), Tim Koca ( 1919 Franklin Dr.), Matthew& Melissa Koch ( 2706 Bluff Pointe Cir.),

Frank & Mariann Kokotajlo ( 606 Castle Pine Dr.), Kurt & Jamie Kramer (2110 Savnnah

Dr.), Bill Kraynak (2801 John St.), Scott Kreifels ( 2115 Aberdeen Dr.), Raymond &

Donna Kroll ( 123 Fall Creek Rd.), James Kucera ( 2136 Cobblestone Dr.), Patrick &

Rosemary Kuhl ( 128 Oakmont Dr.), Tod & Diane Kunschke ( 2118 Christine St.), Dave

Kay Kurcz ( 1903 Blue Sage Dr.), Jeff Kurmel ( 2106 Betsy Ave.), Lance & Laura

Lafond (2009 Eagle Ridge Dr.), Bryan LaFramboise ( 2123 Liberty Ln.), Trish Lamb (316

Fall Creek Rd.), Robin Laney (211 Fleetwood Dr.), Eric& Teresa Lapham ( 1904

Skyhawk Dr.), Judy Larry( 2010 Liberty Ln.), Michael & Shelley & Bobby Larsen ( 2007

Blue Sage Dr.), Mike Latka ( 1909 Windcrest Ave.), Thomas & Evelyn Laughlin ( 2005

Eagle Ridge Dr.), Amanda Lebeck (2809 John St.), Karen Lechner ( 2007 Eagle Ridge

Dr.), Chris L' Ecuyer( 2009 Crest Ridge Dr.), Rocky & Jennifer Lee (2514 Pinehurst Plz.),

Larry & Carole Lee ( 2117 Liberty Ln.), Joy Lee ( 2104 John St.), Ben Leenerts ( 2108

Betsy Ave.), Janice Leichtie (2013 Libery Ln.), Robert Leigh ( 2126 Betsy Ave.), Jeanne

Lewis ( 2005 Blue Sage Dr.), Laura Liedke ( 1903 Franklin Dr.), James Logan ( 1910

Blue Sage Dr.), Scott & Lauren Lowndes ( 207 Fleetwood Dr.), John & Christie Lucas

2005 Skyhawk Ave.), Dave & Beverly Lundberg ( 1623 S 141st Ave. Cir.), Mark &

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March 5, 2013

Christina Maday (2115 Christine St.), Mark & Lori Maestas ( 500 Fleetwood Dr.),

Rebecca Mahr ( 2118 Betsy Ave.), David & Rebecca Manahan ( 2103 Aberdeen Dr.),Bonnie Maresch ( 2108 Eagle Crest Dr.), Edom Marshall ( 2008 Skyhawk Ave.), Scott &

Emilee Martin ( 2004 Dana Ln.), Mary Ann Martin ( 2125 Betsy Ave.), Blaise & Carla

Martinick ( 204 Allison Ave.), Charles & Kimothy Mason ( 2005 Aberdeen Dr.), Roger

May ( 2102 Leigh St.), Jeff & Angela & Garrett May ( 609 Fall Creek Rd.), Margaret

McCall ( 310 Fleetwood Dr.), Scott McChesney ( 2001 Liberty Ln.), Dan & Julie

McConnell ( 311 Fleetwood Dr.), Kenneth & Lindsay McGhee ( 2108 Leigh St.), Tom

McGrail ( 2114 Savannah Dr.), Mike McKinley ( 802 Fall Creek Rd.), James & Sheila

McQuillen ( 1901 Blue Sage Dr.), Patrick A. McVoy ( 1814 Deerfield Way), Cruz

Mendoza (2205 Aberdeen Dr.), Thomas Mendoza (2107 Savannah Dr.), Patrick Mertz

323 Castle Pine Cir.), Bernard & Patricia Meyer (321 Fall Creek Rd.), Russell & Yukie

Meyer( 320 Castle Pine Dr.), William & Sharon Micek ( 2110 Christine St.), Mary AnnMicek ( 2104 Dana Ln.), Jeff Mikesell ( 2709 Liberty Ln.), Thomas Miller ( 2108 LibertyLn.), Rob & Angie Miller( 2112 Dana Ln.), Joe & Sally Morales ( 2706 Northwood Cir.),Bonnie Morales (402 Dana Ln.), Francis Morrison ( 2129 Franklin Dr.), NE Annual Conf.

of U M Church ( 3333 Landmark Cir.), Barb Nelson ( 2116 Dana Ln.), Ed Nichols ( 1802

Deerfield Way), Dolores & Douglas Nielsen ( 2004 Skyhawk Ave.), Michael & TiffanyNigro ( 2006 Skyhawk Ave.), Jeffrey & Gina Noble ( 1909 Skyhawk Dr.), Ann Marie

Novotny ( 405 Castle Pine Dr.), Mick Occhiuto ( 1908 Blue Sage Dr.), Kathleen Ogden

2102 Christine St.), George Oldridge ( 1914 Liberty Ln.), Wyatt Olson ( 2203 Aberdeen

Dr.), John & Laura O' Rourke ( 705 Fall Creek Rd.), Steve& Brenda Pacholski ( 1910

Liberty Ln.), Daniel & Carolina Padilla (2008 Aberdeen Dr.), Rosemary Palmisano (2112Leigh Cir.), Jerry & Mary Partusch ( 318 Fall Creek Rd.), Brad Pelham ( 2001 Windcrest

Ave.), Dave & Barb Pentecost (2114 Franklin Dr.), Daniel & Mary Beth Peppers ( 2122

Christine St.), Robert & Eugenia Perkins ( 219 Oakmont Dr.), Sam M. Person ( 216

Castle Pine Dr.), Ryan Petersen ( 2117 Betsy Ave.), Cindy Petrich ( 2145 CobblestoneRd.), Shawn Pew (2002 Ridgewood Drive), Lam & Lieu Vo Pham ( 2123 Crest RidgeDr.), Chad Picha (2109 Betsy Ave.), The Pinto Family ( 1908 Windcrest Ave.), Dolores

Poulin ( 2810 John St.), Brian Pressler( 113 Eagle Ridge Dr.), Karla Privateer 127

Longwood Dr.), Gloria Pulliam ( 504 Black Forest Dr.), Scott Quackenbush & Maria Di

Fiore (306 Castle Pine Dr.), Larry & Helen Radii ( 2010 Blue Sage Dr.), Michael & Elaine

Rafferty (2011 Windcrest Ave.), Craig & Mary Ramsbottom ( 2121 Savannah Dr.),

Norma Randazzo ( 1905 Blue Sage Dr.), Charla Rasmussen ( 2102 Dana Ln.), Pamela

Rassman ( 2002 Blue Sage Dr.), Ron & Jean Reese ( 2215 Aberdeen Drive), Teresa

Reinig ( 2124 Franklin Dr.), Gary and Trish Rice (2118 Liberty Ln.), John & Carole Ring232 Fall Creek Rd.), James Roberts (2117 Leigh St.), Michael & Patricia Robey (2116

Christine St.), Douglas & Maralee Rodgers ( 2105 Leigh St.), Edward & Leigh Ann

Rogers (2130 Cobblestone Road), Dean & Eloise Roys (2009 Windcrest Ave.), Annette

Nate Ryan ( 210 Fleetwood Dr.), Scott Safranek ( 2104 Aberdeen Piz.), Bryan &

Brenda Saggan ( 1908 Skyhawk Dr.), Tommy Leon Sanders ( 2481 Mocine Elm), John

Diane Savine ( 2128 Betsy Ave.), Jay & Shirley Saxe ( 1919 Liberty Ln.), Mary

Scheurer( 1906 Skyhawk Dr.), Chelsey Schiefelbein (2122 Savannah Dr.), Edward

Schoeck ( 321 Castle Pine Dr.), Kevin Scott ( 2000 Blue Sage Dr.), Lance & Phyllis

Sebeniecher ( 1918 Dana Ln.), Heather Selph ( 2107 Liberty Ln.), Elsie Sharon ( 1903

Windcrest Ave.), John Sherman (401 Liberty Ln.), Frank & Beverly Shimkus 2103

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March 5, 2013

Christine St.), Marge Shukis (2124 Liberty Ln.), Eduardo Silva (2115 Betsy Ave.), Marc

Tiffany Sindelar ( 2011 Skyhawk Dr.), Mark Sisson ( 1911 Liberty Ln.), Jason &

Heather Sjodin ( 2111 John St.), Joe & Mary Beth Skradski ( 2135 Betsy Ave.), John

Slobodnik (402 Fleetwood Dr.), Robert & Evai Sluga ( 302 Fleetwood Dr.), Nick & KristySnethen ( 2009 Liberty Ln.), Dustin & Casey Snyder (403 Castle Pine Dr.), Matthew &

Sarah Snyder ( 606 Fall Creek Rd.), South Sarpy Investments Inc. ( 911 Killarney Dr.),Jonathan & Kellie Spearman ( 605 Eagle Crest Dr.), Theodore & Trisha Spencer ( 1838

Sugar Creek PI.), Teresa Speth ( 1802 Franklin Dr.), Monte & Amy Spikes ( 2008 Blue

Sage Dr.), Tammy Stafford ( 2002 Liberty Ln.), Thomas Stauffer ( 2704 John St.), Gary,Jan, & Andrew Stawniak (2108 Dana Ln.), Joe Stein ( 1909 Liberty Ln.), Lucas & AshleySteinhauser( 101 Wilma Rd.), Brad & Gina Stephens ( 1906 Franklin Dr.), Patricia

Stephenson ( 707 Fall Creek Rd.), Edward John & Jeanette Sterba ( 401 Fall Creek

Rd.), Alvin & Linda Stevens (2009 Skyhawk Dr. OR 2707 John St.), Kevin Stopak ( 1905

Franklin Dr.), Darin & Sophia Stout ( 2008 Dana Ln.), Robert & Karla Stowe ( 1908

Liberty Ln.), David & Audra Strabbing ( 2112 Crest Ridge Dr.), Dave Stranglen ( 2112

Savanah Dr.), Betty Stutzman ( 2108 Christine St.), Cary & Lisa Sutton ( 2111 SavannahDr.), Dennis & Ivy Svoboda (2112 Liberty Ln.), Kim Swahn (2131 Franklin Dr.), Susan &

Tom Sweeney (318 Castle Pine Dr.), Paul & Maureen Swiecicki ( 2903 Eagle Hills Cir.),John & Judy Szaro ( 2110 Dana Ln.), Tom & Karen Targy (2602 Northwood Cir.), Mitch

Carole Tempus ( 1902 Skyhawk Dr.), Bill & Darice Tevebaugh ( 108 Longwood Dr.),

The Family Cooley ( 2112 Aberdeen Dr.), Robert & Rita Thomas ( 2002 Skyhawk Ave.),Pat Thomas (2108 John St.), Scott Thon ( 205 Oakmont Dr.), Mark & Barb Thornburg1815 Deerfield Way), Martin & Vicki Timmerwilke ( 2103 Leigh St.), Suzette Toelle

2118 Savannah Dr.), Jonathon & Abigail Torrey ( 2111 Aberdeen Dr.), Kristine

Townsend ( 122 Castle Pine Dr.), Randall & Melissa Trail (2006 Eagle Ridge Dr.),

Matthew Trail ( 2006 Eagle Ridge Dr.), Bob & Terri Trummer ( 2110 Liberty Ln.), Frank &

Christine Turincs ( 2117 Aberdeen Dr.), John Turner ( 2134 Liberty Ln.), Mark Tyner

2117 Savannah Dr.), Gene Uses (2000 Windcrest Ave.), John & Gina Urbanski ( 401

Dana Ln.), Richard Van Haute (2008 Liberty Ln.), Kristie Van Sant ( 2114 Crest Ridge

Dr.), Scott W. Vance (2126 Franklin Dr.), Tammy Vanhouten ( 2207 Aberdeen Dr.),

Delmar & Pamela Vlcek ( 2002 Blue Sage Dr.), William & Erin Wagoner ( 2004 Eagle

Ridge Dr.), Mike & Pam Wagster (506 Fleetwood Dr.), Mark Walters ( 2609 Leigh Ln.),

Kellie & Jonathan Ward ( 2201 Aberdeen Dr.), Cheri Warren ( 2111 Christine St.), Kristi

Waszak ( 2011 Liberty Ln.), Deborah & Tom Watson ( 129 Longwood Ln.), Roseanne

Weber( 407 Castle Pine Dr.), Sue Wehrle ( 2013 Franklin Dr.), Andrew Werner ( 2104

Franklin Dr.), Charles Whitlock (2113 Leigh St.), Jason & Jennifer Whitney ( 2710 DanaLn.), Gloria Whitwer ( 1915 Liberty Ln.), Randall & Joleen Widman (403 Fall Creek Rd.),

Cyndy Willamson ( 2130 Betsy Dr.), Kevin & Lisa Williams (2139 Ashwood Ave.), Darin

Williams ( 2128 Liberty Ln.), Dick Williams (2411 Leigh Ln.), Theresa Williams ( 314 Fall

Creek Rd.), Susan Win klemann ( 1907 Liberty Ln.), Suzane Winkler ( 1911 Franklin

Dr.), Ron Wolfe (2113 Betsy Ave.), Kathy Wonder, Russ Wonderly ( 2012 Eagle Ridge

Dr.), John & Robin Wood ( 117 Fall Creek Rd.), Michael S. Woodard ( 1904 Blue Sage

Dr.), Lacey& Jonathan Wrubel ( 2012 Liberty Ln.), Autumn Wurgler ( 121 S. Fall Cree

Rd.), Matthew & Melissa Yeshnowski ( 319 Fall Creek Rd.), ThomasYoder (507

Fleetwood Dr.) and Melody Zeitner( 1906 Blue Sage Dr.).

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March 5, 2013

With no further public comment, Mayor Black asked Mr. Jobeun if he wanted to providea rebuttal.

Mr. Jobeun advised that the Comprehensive Plan designates this area as Mixed Use.

He then stated that the school district looked into building in Settlers Creek and decidedagainst it because the attendance rate at Rumsey Station is declining due to the agingneighborhood. The development team spoke with the school district regarding growth.During that conversation, the school district indicated they react to growth from the City.He said that some of the opponents that spoke tonight displayed old site plans.Therefore he clarified that the garage lengths have been shortened and the

convenience store pumping stations were decreased to eight. He also displayed thedumpster locations. He added that the development will be governed by a Mixed UseDevelopment Agreement and therefore major changes would require Council approval.

He then discussed the buffer between the houses and the development. The buffer on

the left and right side exceed 25 feet and are up to 40 feet plus the separation from thebuildings and the houses is 130 to 150 feet. He advised that the SID 143 expenditure

for the infrastructure is contingent upon this development being approved. He believeshomeowners will see an increase in valuation and a decrease in the levy that wouldpromote the SID for annexation. If this area remains zoned CC with the currentconfiguration, there would be a traffic daily increase of 163% over what is beingproposed in the MU area. He encouraged Council to review the studies he provided. He

feels this is a great project and will be a great development for Papillion. He requested

Council consider Mr. Rogers and the developer's rights as members of the community.

Councilmember Mumgaard questioned the exit on the west side of the development.

The entrance and exits run along the north side of the development and exits inalignment with Windcrest Avenue. One of the points made was that it would give peoplean incentive to continue west and head south until they get to 72nd street. He asked whythis traffic design was chosen.

Jered Morris, Olsson Associates, 2111 S 67th St # 200, ( Omaha) responded that this

four-way intersection ensures the overall intersection works efficiently with CornhuskerRoad. This plan was reviewed by the City Engineer as well as an independentconsultant. He added that the Comhusker Road and Eagle Ridge Drive intersection is

currently at Level F which is dysfunctional. With the introduction of the signal the Levelof Service will improve to a Level C. He noted the intersection to the south side willoperate at a Level A.

Councilmember Stubbe inquired about the concerns should the project go over onbudget. He asked what would be done if cost cutting were to occur. Mr. Jobeun

responded that the Mixed Use Development Agreement specifies exactly what thedeveloper must do. If there is a major change, it must be approved by Council.

Councilmember Stubbe asked about traffic concerns on Windcrest Road. Mr. Morris

advised that a traffic study was conducted while school was in session to verify theresults. Some traffic will go into the neighborhood, but based on existing counts and the

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March 5, 2013

installation of the signal, it will be easier for cars to get on the arterial road.

Councilmember Stubbe asked when the signal will be installed at Eagle Ridge Drive

and Cornhusker Road. Mr. Morris responded that it has to be installed according to thetime set forth in the subdivision agreement.

Mayor Black asked about the deceleration lane abutting Lots 1, 2, and 3, Eagle Ridgeand the impacts to the properties' fences. Mr. Jobeun displayed a site plan depicting thedeceleration lane and indicated that it fits into the current right-of-way. A portion of thetrail will need to be relocated, but at this time the development will not acquire private

property.

Councilmember Florance asked if alcohol sales and the 11: 00 PM closures could benegotiated. Mr. Jobeun responded that he could not answer the question because

businesses are interested in the area but no one is under contract. Councilmember

Florance asked if the sale of alcohol could be incorporated into the lease terms. Mr.Jobeun confirmed.

Mayor Black closed the public hearing. He stated that City Council will vote on this itemat the next meeting on March 19, 2013.

ADMINISTRATIVE REPORTS:Committee Reports: Councilmember Glover commented on the March 5, 2013 AuditAd Hoc Committee.

Comments from the Floor: None forthcoming.Comments from Mayor and Council: Mayor Black provided an update of his events:

1) Mayor Black attended the Black Hills Energy Welcome Corp leadership kickoffmeeting; ( 2) Mayor Black greeted employees at the annual employee luncheon; ( 3)

Mayor Black, Dan Hoins, Darren Carlson, and Tony Gowan met with representativesfrom the Papillion Leadership Academy to discuss plans for execution of the newneighborhood grant program; and ( 4) Mayor Black read to students at Walnut Creek

Elementary.

ADJOURNMENT:

Motion to adjourn by Councilmember Gaines, second by Councilmember Glover. Uponroll call vote, Florance, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe and

Engberg all voted yes. Voting no: none. Motion carried. Meeting adjourned at 9:47 PM.

18

March 5, 2013

CITY OF PAPILLION

DAWD P. BLACK, MAYOR

F, PAP/((/0Attest:

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5 AL

ELIZABE BUTLER, CITY CLERK SEAL)2/

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EBRPS

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March 5, 2013