PLATTSMOUTH CITY COUNCIL

April 7, 2008

 

A meeting of the City Council of the City of Plattsmouth, Nebraska was convened in open and public session at 7:00 o'clock p.m. on April 7, 2008 at the City Hall in Plattsmouth Nebraska. Council President Ruth Wassinger presided over the meeting in the absence of the Mayor. Council Members: John Porter, Terry Kerns, Mike Bowman, Rod Jenkins, Art Tesarek and Doug Derby. Also present: City Administrator Ervin Portis, City Clerk Sandra J. Meyer, City Treasurer Peggy A. Wilsey and City Inspector Kevin Larson. Mayor R. Paul Lambert and Terry Tilson was absent.

Notice of this meeting was given in advance by publication in the Plattsmouth Journal. Proof of publication along with the Mayor and Council's Acknowledgment of Receipt of Notice are on file. All proceedings hereafter shown were taken while the convened meeting was open to the public.

The Pledge of Allegiance was recited.

Motion made by Jenkins, seconded by Tesarek to approve the minutes of the March 17, 2008 regular City Council meeting as presented. On a voice vote, MOTION CARRIED.

The City Council President, Ruth Wassinger publicly stated to all in attendance that a current copy of the Nebraska Open Meetings Act and a copy of all documents being discussed at the meeting were available for inspection and indicated the location of such copies in the room where the meeting was being held.

No one spoke at Citizen’s Delegation.

UNFINISHED BUSINESS:

ITEM 7 A

Motion by Kerns, seconded by Derby to move the Executive Session for the protection of the public interest related to legal advice concerning the initiation of steps to collect on the past due promissory note entered into by Cass County Partners LP as the borrower and the City of Plattsmouth as the Lender, which steps may include but not be limited to exercising the power of sale granted in the Deed of Trust securing the promissory note for CDBG funding on the Fitzgerald Building to Item 8 (P). ROLL CALL: Yes-Kerns, Bowman, Tilson, Wassinger, Tesarek, Jenkins, Derby, Porter. No-None. Abstain-None. Absent-Tilson. MOTION CARRIED.

 

 

 

 

NEW BUSINESS:

ITEM 8 A

Layover Gary Pohlman and Angie Vrtiska, Dana F. Cole & Co.-Presentation of the draft financial statements for Fiscal year ended September 30, 2007 until April 21, 2008.

ITEM 8 B

Layover approval of the draft financial statement for Fiscal Year ended September 30, 2007 until April 21, 2008.

ITEM 8 C

Pat Dugan representing Rich McKinley, Chairman of the Historic Preservation Board-stated that the activities of the Historic Preservation Board are actively moving forward. The Facade Survey for the buildings is about 50% complete.

ITEM 8 D

Pursuant to publication, the Council President opened the public hearing at 7:05 p.m. with regard to an application to the Nebraska Department of Economic Development (NDED) for an Affordable Housing Program (AHP) Grant (available for local affordable housing activities). Dave Taladay, Administrator for the Southeast Nebraska Development District discussed the amounts available for grants and stated that the deadline is April 11, 2008. The Council President closed the public hearing at 7:08 p.m.

ITEM 8 E

Porter introduced the Resolution entitled: CHIEF ELECTED OFFICIAL TO SIGN AN APPLICATION FOR NEBRASKA AFFORDABLE HOUSING PROGRAM FUNDS. Whereas, the City of Plattsmouth, Nebraska, is an eligible unit of a general government authorized to file an application under the Housing and Community Development Act of 1974 as Amended for Small Cities Community Development Block Grant (CDBG) Program, and, Cranston-Gonzalez National Affordable Housing Act of 1990 (HOME Program) funds distributed by the Department of Economic Development through the Nebraska Affordable Housing Program (NAHP). Motion by Porter, seconded by Tesarek to adopt the Resolution. Roger Johnson, City Attorney read the entire resolution in to the record:

WHEREAS, the City of Plattsmouth, Nebraska has obtained its citizens' comments on community development and housing needs; and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application which is for an amount of $247,000 in NAHP funds to implement an "Owner-occupied Housing Rehabilitation Program" in the community, and,

NOW, THEREFORE, BE IT RESOLVED BY the City Council of Plattsmouth, Nebraska that the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Plattsmouth, Nebraska and the Nebraska Department of Economic Development so as to effect acceptance of the grant application.

PASSED AND APPROVED this 7TH day of April 2008.

ROLL CALL: Yes-Kerns, Bowman, Jenkins, Tesarek, Derby, Wassinger and Porter. No-None. Abstain-None. Absent-Tilson. MOTION CARRIED.

ITEM 8 F

Pursuant to publication, the Council President opened the public hearing at 7:10 p.m. regarding an application of Castaway Pointe LLC for preliminary plat approval of a major subdivision located at the east end of East Main Street, legally described as Castaway Estates Lots 1 through 10 inclusive, and Outlots 1 and 2, being a replatting of Lots 4 through 8, inclusive, together with Lot 1 and part of Blocks 1 and 2, Morehead Island River Front Development, a subdivision, as surveyed, platted and recorded in Cass County, Nebraska. Steve Callhorn a representative for Cataway Pointe LLC spoke in favor of the plat approval. The Council President closed the public hearing at 7:12 p.m.

ITEM 8 G

Kerns introduced a Resolution entitled: RESOLUTION TO APPROVE A PRELIMINARY PLAT OF A MAJOR SUBDIVISION LOCATED AT THE EAST END OF EAST MAIN STREET, LEGALLY DESCRIBED AS CASTAWAY ESTATES LOTS 1 THROUGH 10 INCLUSIVE, AND OUTLOTS 1 AND 2, BEING A REPLATTING OF LOTS 4 THROUGH 8, INCLUSIVE, TOGETHER WITH LOT 1 AND PART OF BLOCKS 1 AND 2, MOREHEAD ISLAND RIVER FRONT DEVELOPMENT, A SUBDIVISION, AS SURVEYED, PLATTED AND RECORDED IN CASS COUNTY, NEBRASKA.

Motion by Kerns, seconded by Jenkins to adopt a Resolution entitled:

RESOLUTION TO APPROVE A PRELIMINARY PLAT OF A MAJOR SUBDIVISION LOCATED AT THE EAST END OF EAST MAIN STREET, LEGALLY DESCRIBED AS CASTAWAY ESTATES LOTS 1 THROUGH 10 INCLUSIVE, AND OUTLOTS 1 AND 2, BEING A REPLATTING OF LOTS 4 THROUGH 8, INCLUSIVE, TOGETHER WITH LOT 1 AND PART OF BLOCKS 1 AND 2, MOREHEAD ISLAND RIVER FRONT DEVELOPMENT, A SUBDIVISION, AS SURVEYED, PLATTED AND RECORDED IN CASS COUNTY, NEBRASKA.

WHEREAS, application has been made for the approval of a preliminary plat of a major subdivision located at the east end of East Main Street, legally described as Castaway Estates Lots 1 through 10 inclusive, and Outlots 1 and 2, being a replatting of Lots 4 through 8, inclusive, together with Lot 1 and part of Blocks 1 and 2, Morehead Island River Front Development, a subdivision, as surveyed, platted and recorded in Cass County, Nebraska; and

WHEREAS, the City is negotiating with interested parties regarding the development of the property identified in the revised preliminary plat;

WHEREAS, the proposed development of the property would require a portion of the same to be rezoned;

WHEREAS, the Planning Commission has recommended approval of said preliminary plat with the recommendation that certain changes be made to the same; and WHEREAS, the changes to said preliminary plat as recommended by the Planning Commission have been made.

NOW, THEREFORE, BE IT RESOLVED that the application for the approval of a preliminary plat of a major subdivision located at the east end of East Main Street, legally described as Castaway Estates Lots 1 through 10 inclusive, and Outlots 1 and 2, being a replatting of Lots 4 through 8, inclusive, together with Lot 1 and part of Blocks 1 and 2, Morehead Island River Front Development, a subdivision, as surveyed, platted and recorded in Cass County, Nebraska, be approved conditioned upon all necessary rezoning and upon entering into all agreements deemed necessary by the City as the same relate to the proposed development of the property.

PASSED AND APPROVED THIS 7TH DAY OF APRIL 2008.

The Resolution was read in to the record by Roger Johnson, City Attorney. ROLL CALL: Yes-Bowman, Jenkins, Tesarek, Derby, Wassinger, Porter and Kerns. No-None. Abstain-None. Absent-Tilson. MOTION CARRIED.

ITEM 8 H

Pursuant to publication, the Council President opened the public hearing at 7:15 p.m. regarding an application of Castaway Pointe LLC for final plat approval of a major subdivision located at the east end of East Main Street, legally described as Castaway Estates Lots 1 through 10 inclusive, and Outlots 1 and 2, being a replatting of Lots 4 through 8, inclusive, together with Lot 1 and part of Blocks 1 and 2, Morehead Island River Front Development, a subdivision, as surveyed, platted and recorded in Cass County, Nebraska. The Council President closed the public hearing at 7:15 p.m.

ITEM 8 I

Jenkins introduced a Resolution entitled: RESOLUTION TO APPROVE A FINAL PLAT OF A MAJOR SUBDIVISION LOCATED AT THE EAST END OF EAST MAIN STREET, LEGALLY DESCRIBED AS CASTAWAY ESTATES LOTS 1 THROUGH 10 INCLUSIVE, AND OUTLOTS 1 AND 2, BEING A REPLATTING OF LOTS 4 THROUGH 8, INCLUSIVE, TOGETHER WITH LOT 1 AND PART OF BLOCKS 1 AND 2, MOREHEAD ISLAND RIVER FRONT DEVELOPMENT, A SUBDIVISION, AS SURVEYED, PLATTED AND RECORDED IN CASS COUNTY, NEBRASKA.

Motion by Jenkins, seconded by Derby to adopt a Resolution:

RESOLUTION TO APPROVE A FINAL PLAT OF A MAJOR SUBDIVISION LOCATED AT THE EAST END OF EAST MAIN STREET, LEGALLY DESCRIBED AS CASTAWAY ESTATES LOTS 1 THROUGH 10 INCLUSIVE, AND OUTLOTS 1 AND 2, BEING A REPLATTING OF LOTS 4 THROUGH 8, INCLUSIVE, TOGETHER WITH LOT 1 AND PART OF BLOCKS 1 AND 2, MOREHEAD ISLAND RIVER FRONT DEVELOPMENT, A SUBDIVISION, AS SURVEYED, PLATTED AND RECORDED IN CASS COUNTY, NEBRASKA.

WHEREAS, application has been made for the approval of a final plat of a major subdivision located at the east end of East Main Street, legally described as Castaway Estates Lots 1 through 10 inclusive, and Outlots 1 and 2, being a replatting of Lots 4 through 8, inclusive, together with Lot 1 and part of Blocks 1 and 2, Morehead Island River Front Development, a subdivision, as surveyed, platted and recorded in Cass County, Nebraska; and

WHEREAS, the City is negotiating with interested parties regarding the development of the property identified in the final plat;

WHEREAS, the proposed development of the property would require a portion of the same to be rezoned;

WHEREAS, the Planning Commission has recommended approval of said final plat with the recommendation that certain changes be made to the same; and WHEREAS, the changes to said final plat as recommended by the Planning Commission have been made.

NOW, THEREFORE, BE IT RESOLVED that the application for the approval of a final plat of a major subdivision located at the east end of East Main Street, legally described as Castaway Estates Lots 1 through 10 inclusive, and Outlots 1 and 2, being a replatting of Lots 4 through 8, inclusive, together with Lot 1 and part of Blocks 1 and 2, Morehead Island River Front Development, a subdivision, as surveyed, platted and recorded in Cass County, Nebraska, be approved conditioned upon all necessary rezoning and upon entering into all agreements deemed necessary by the City as the same relate to the proposed development of the property.

PASSED AND APPROVED THIS 7TH DAY OF APRIL 2008.

The Resolution was read in to the record by Roger Johnson, City Attorney. ROLL CALL: Yes-Wassinger, Porter, Kerns, Bowman, Jenkins, Tesarek and Derby. No-None. Abstain-None. Absent-Tilson. MOTION CARRIED.

ITEM 8 J

Derby introduced a Resolution entitled: RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE CITY OF PLATTSMOUTH, NEBRASKA AND CASTAWAY POINTE, LLC, FOR THE PROPOSED DEVELOPMENT OF CASTAWAY ESTATES LOTS 1 THROUGH 10 INCLUSIVE, AND OUTLOTS 1 AND 2, BEING A REPLATTING OF LOTS 4 THROUGH 8, INCLUSIVE, TOGETHER WITH LOT 1 AND PART OF BLOCKS 1 AND 2, MOREHEAD ISLAND RIVER FRONT DEVELOPMENT, A SUBDIVISION, AS SURVEYED, PLATTED AND RECORDED IN CASS COUNTY, NEBRASKA. PASSED AND APPROVED THIS 7TH DAY OF APRIL 2008.

Motion by Derby, seconded by Jenkins to adopt a Resolution:

RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE CITY OF PLATTSMOUTH, NEBRASKA AND CASTAWAY POINTE, LLC, FOR THE PROPOSED DEVELOPMENT OF CASTAWAY ESTATES LOTS 1 THROUGH 10 INCLUSIVE, AND OUTLOTS 1 AND 2, BEING A REPLATTING OF LOTS 4 THROUGH 8, INCLUSIVE, TOGETHER WITH LOT 1 AND PART OF BLOCKS 1 AND 2, MOREHEAD ISLAND RIVER FRONT DEVELOPMENT, A SUBDIVISION, AS SURVEYED, PLATTED AND RECORDED IN CASS COUNTY, NEBRASKA. PASSED AND APPROVED THIS 7TH DAY OF APRIL 2008.

WHEREAS, a development has been proposed within the two mile zoning jurisdiction of the City of Plattsmouth, a city of the first class of the State of Nebraska;

WHEREAS, it is in the best interest of the City to regulate the development of property within its zoning jurisdiction; and

WHEREAS, the City has negotiated an agreement with Castaway Pointe, LLC which is the developer of the property located at the East end of East Main Street, legally described as Castaway Estates Lots 1 through 10 inclusive, and Outlots 1 and 2, being a replatting of Lots 4 through 8, inclusive, together with Lot 1 and part of Blocks 1 and 2, Morehead Island River Front Development, a subdivision, as surveyed, platted and recorded in Cass County, Nebraska.

NOW, THEREFORE, BE IT RESOLVED that the proposed agreement between the City of Plattsmouth, Nebraska and Castaway Pointe, LLC as it relates to Castaway Estates, Lots 1 through 10 and Outlots 1 and 2, is approved and the Mayor is authorized to execute the same upon receipt of a copy executed by all other parties.

BE IT FURTHER RESOLVED that this Resolution is contingent upon the City’s approval of a preliminary and final plat of the property.

BE IT FURTHER RESOLVED that this Resolution is contingent upon the rezoning of the property as is required.

PASSED AND APPROVED this 7TH day of April 2008.

 

The Resolution was read in to the record by Roger Johnson, City Attorney. ROLL CALL: Yes-Jenkins, Tesarek, Derby, Wassinger, Porter, Kerns and Bowman. No-None. Abstain-None. Absent-None. MOTION CARRIED.

 

 

 

 

ITEM 8 K

Pursuant to publication, the Council President opened the public hearing at 7:20 p.m. regarding an application of Castaway Pointe LLC for rezoning from GC/PUD (General Commercial/Planned Unit Development) to R2/PUD (Urban Single-Family Residential/Planned Unit Development) on a portion of a major subdivision located at the east end of East Main Street, legally described as Castaway Estates Lots 1 through 10 inclusive, and Outlots 1 and 2, being a replatting of Lots 4 through 8, inclusive, together with Lot 1 and part of Blocks 1 and 2, Morehead Island River Front Development, a subdivision, as surveyed, platted and recorded in Cass County, Nebraska.
Allan Hudson spoke in favor of the application of Castaway Pointe LLC rezoning. The Council President closed the public hearing at 7:21 p.m.

ITEM 8 L

Motion by Jenkins,seconded by Porter to approve the application of Castaway Pointe LLC for rezoning from GC/PUD (General Commercial/Planned Unit Development) to R2/PUD (Urban Single-Family Residential/Planned Unit Development) on a portion of a major subdivision located at the east end of East Main Street, legally described as Castaway Estates Lots 1 through 10 inclusive, and Outlots 1 and 2, being a replatting of Lots 4 through 8, inclusive, together with Lot 1 and part of Blocks 1 and 2, Morehead Island River Front Development, a subdivision, as surveyed, platted and recorded in Cass County, Nebraska. ROLL CALL: Yes-Derby, Wassinger, Porter, Kerns, Bowman, Jenkins and Tesarek. No-None. Abstain-None. Absent-Tilson. MOTION CARRIED.

ITEM 8 M

Council Member Porter introduced an ordinance numbered and titled as follows: Ordinance No. 1764: AN ORDINANCE TO AMEND THE CITY OF PLATTSMOUTH LAND DEVELOPMENT ORDINANCE BY CHANGING CERTAIN BOUNDARIES FROM GENERAL COMMERCIAL DISTRICT (GC) SUBJECT TO PLANNED UNIT DEVELOPMENT OVERLAY (PUD) TO URBAN FAMILY SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2) SUBJECT TO PLANNED UNIT DEVELOPMENT OVERLAY (PUD); TO REPEAL ALL ORDINANCES OF THE CITY IN CONFLICT; TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM; AND TO PROVIDE AN EFFECTIVE DATE. PASSED AND APPROVED THIS 7TH DAY OF APRIL 2008. Motion by Porter, seconded by Jenkins that the statutory rule requiring reading an ordinance on three different days be suspended and that Ordinance No. 1764 be adopted on first reading by title only. MOTION CARRIED. Said ordinance was read by title only and thereafter Bowman moved for final passage of the ordinance, which was seconded by Tesarek. ROLL CALL: Yes-Kerns, Bowman, Jenkins, Tesarek, Derby, Wassinger and Porter. No-None. Abstain-None. Absent-Tilson. MOTION CARRIED.

 

 

ITEM 8 N

Pursuant to publication, the Council President opened the public hearing at 7:25 p.m. regarding an application of Viaero Wireless, agent for Walt and Karen Weaver, for a special use permit for a communications tower on property east of 2007 Horning Road, legally described as Tax Lot 8A, located in the West ½ of the Northeast ¼, Section 31, Township 12 North, Range 14 East of the 6th P.M., Cass County, Nebraska. John Luisi representative of Viaero spoke in favor of the special use permit. The Council President closed the public hearing at 7:27 p.m.

ITEM 8 O

Council Member Jenkins introduced a Resolution entitled: RESOLUTION TO APPROVE THE APPLICATION OF VIAERO WIRELESS, AGENT FOR WALT AND KAREN WEAVER, FOR A SPECIAL USE PERMIT FOR A COMMUNICATIONS TOWER ON PROPERTY EAST OF 2007 HORNING ROAD, LEGALLY DESCRIBED AS TAX LOT 8A, LOCATED IN THE WEST ½ OF THE NORTHEAST 1/4, SECTION 31, TOWNSHIP 12 NORTH, RANGE 14 EAST OF TH 6TH P.M., CASS COUNTY, NEBRASKA. RESOLUTION TO APPROVE THE APPLICATION OF VIAERO WIRELESS, AGENT FOR WALT AND KAREN WEAVER, FOR A SPECIAL USE PERMIT FOR A COMMUNICATIONS TOWER ON PROPERTY EAST OF 2007 HORNING ROAD, LEGALLY DESCRIBED AS TAX LOT 8A, LOCATED IN THE WEST ½ OF THE NORTHEAST 1/4, SECTION 31, TOWNSHIP 12 NORTH, RANGE 14 EAST OF TH 6TH P.M., CASS COUNTY, NEBRASKA.

Motion by Jenkins, seconded by Bowman to adopt a Resolution:

RESOLUTION TO APPROVE THE APPLICATION OF VIAERO WIRELESS, AGENT FOR WALT AND KAREN WEAVER, FOR A SPECIAL USE PERMIT FOR A COMMUNICATIONS TOWER ON PROPERTY EAST OF 2007 HORNING ROAD, LEGALLY DESCRIBED AS TAX LOT 8A, LOCATED IN THE WEST ½ OF THE NORTHEAST 1/4, SECTION 31, TOWNSHIP 12 NORTH, RANGE 14 EAST OF TH 6TH P.M., CASS COUNTY, NEBRASKA. RESOLUTION TO APPROVE THE APPLICATION OF VIAERO WIRELESS, AGENT FOR WALT AND KAREN WEAVER, FOR A SPECIAL USE PERMIT FOR A COMMUNICATIONS TOWER ON PROPERTY EAST OF 2007 HORNING ROAD, LEGALLY DESCRIBED AS TAX LOT 8A, LOCATED IN THE WEST ½ OF THE NORTHEAST 1/4, SECTION 31, TOWNSHIP 12 NORTH, RANGE 14 EAST OF TH 6TH P.M., CASS COUNTY, NEBRASKA.

WHEREAS, an application has been made for a special use permit for a communications tower; and

WHEREAS, the Planning Commission of the City of Plattsmouth has recommended approval of said special use permit.

NOW, THEREFORE, BE IT RESOLVED that the application of Viaero Wireless, agent for Walt and Karen Weaver, for a special use permit for a communications tower on property east of 2007 Horning Road, legally described as Tax Lot 8A, located in the West ½ of the Northeast 1/4, Section 31, Township 12 North, Range 14 East of the 6th P.M., Cass County, Nebraska is approved subject to the following limitations:

1. The size of the Lot for the Tower shall be 3.67 acres (160,000 square feet);

2. The site shall be appropriately screened;

3. The maximum height of the tower shall be 195 feet;

4. The tower shall be painted sky blue or an alternate color compatible with the surrounding area; and

    1. There shall be one 20 foot wide access easement provided to the site for the benefit of the communications tower operator.

PASSED AND APPROVED THIS 7TH DAY OF APRIL 2008.

The Resolution was read in to the record by Roger Johnson, City Attorney. ROLL CALL: Yes-Bowman, Jenkins, Tesarek, Derby, Wassinger, Porter and Kerns. No-None. Abstain-None. Absent-Tilson. MOTION CARRIED.

 

ITEM 8 P

Council President Wassinger indicated the need for the council to go in to Executive Session to protect the public interest related to legal advice concerning the initiation of steps to collect on the past due promissory note entered into by Cass County Partners LP as the borrower and the City of Plattsmouth as the Lender, which steps may include but not be limited to exercising the power of sale granted in the Deed of Trust securing the promissory note for CDBG funding on the Fitzgerald Building and regarding the proposed Real Estate Exchange Agreement between Castaway Pointe LLC and the City of Plattsmouth. 7:30 p.m. Motion by Tesarek, seconded by Porter to convene into executive session to protect the public interest in regards to legal advice concerning collection on the past due promissory note entered into by Cass County Partners LP as the borrower and the City of Plattsmouth as the Lender and to protect the public interest regarding the proposed Real Estate Exchange Agreement between Castaway Pointe LLC and the City of Plattsmouth. ROLL CALL: Ayes-Kerns, Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. Nays-None. Absent-Tilson. Abstain-None. MOTION CARRIED. Council President Wassinger again stated the need to convene in to executive session to protect the public interest in regards to legal advice concerning collection on the past due promissory note entered into by Cass County Partners LP as the borrower and the City of Plattsmouth as the Lender and to protect the public interest regarding the proposed Real Estate Exchange Agreement between Castaway Pointe LLC and the City of Plattsmouth.

 

 

ITEM 8 Q

Council Member Porter introduced an ordinance numbered and titled as follows: AN ORDINANCE TO AMEND CHAPTER 4, ARTICLE 5, SECTION 4-501 OF THE PLATTSMOUTH REVISED MUNICIPAL ORDINANCES 2002 BY DELETING THE SAME IN ITS ENTIRETY AND SUBSTITUTING THE FOLLOWING AS IT RELATES TO PENALTIES FOR VIOLATING TRAFFIC REGULATIONS, ABANDONED VEHICLES, PARKING, BICYCLES, MINIBIKES, SNOWMOBILES, MOTORCYCLES, ALL-TERRAIN VEHICLES AND MOPEDS; TO REPEAL ALL ORDINANCES IN CONFLICT; TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM; AND TO PROVIDE AN EFFECTIVE DATE. PASSED AND APPROVED THIS 7TH DAY OF APRIL 2008. Motion by Porter, seconded by Tesarek that the statutory rule requiring reading an ordinance on three different days be suspended and that Ordinance No. 1765 be adopted on first reading by title only. MOTION CARRIED. Said ordinance was read by title only and thereafter Jenkins moved for final passage of the ordinance, which was seconded by Bowman. ROLL CALL: Yes-Derby, Wassinger, Porter, Kerns, Bowman, Jenkins and Tesarek. No-None. Abstain-None. Absent-Tilson. MOTION CARRIED.

ITEM 8 R

        1. Motion by Bowman, seconded by Porter to direct the City Administrator and the City Attorney to proceed with the abatement of the nuisance at 504 Avenue C, legally described as the South 90’ of the East ½ of Lot 10 and the South 90’ of Lots 11 and 12, Block 3, Original Town, Plattsmouth (owner of record is Roger O. and Dorota V. Macedo) ROLL CALL: Yes-Kerns, Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. No-Jenkins. Absent-Tilson. Abstain-None. MOTION CARRIED.
        2. ITEM 8 S

          Motion by Porter seconded by Tesarek to approve May 3 and 4, 2008 as the dates for the

          City of Plattsmouth Spring Clean-Up. ROLL CALL: Yes-Kerns, Bowman, Wassinger,

          Jenkins, Tesarek, Derby and Porter. No-None. Absent-Tilson. Abstain-None.

          MOTION CARRIED.

          ITEM 8 T

            1. Motion by Jenkins and seconded by Bowman to approve the American Red Cross
              1. Authorized Provider Agreement between the Heartland Chapter of the American
              2. Red Cross and the City of Plattsmouth and authorize the Mayor to execute the
              3. agreement. ROLL CALL: Yes-Kerns, Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. No-None. Absent-Tilson. Abstain-None. MOTION CARRIED.

                ITEM 8 U

                Motion by Bowman and seconded by Jenkins to approve and authorize the Street

                and Property Maintenance Department to proceed with the Restoration of the Garfield Park restroom, sidewalks and southeast stairway. ROLL CALL: Yes-Kerns, Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. No-None. Absent-Tilson. Abstain-None. MOTION CARRIED.

                ITEM 8 V

                Motion by Jenkins and seconded by Derby Consider the City Administrator’s request that Community Center Memberships purchased prior to May 1, 2008 be extended an additional month due to the absence of equipment. ROLL CALL: Yes-Kerns, Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. No-None. Absent-Tilson. Abstain-None. MOTION CARRIED.

                ITEM 8 W

                Motion by Bowman and seconded by Porter to approval and authorize payment to Sampson Construction Company, Inc. for Pay Application No. 16 in the amount of $339,344.00 for the New Community/Senior Center Project (contingent upon the architect certification). ROLL CALL: Yes-Kerns, Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. No-None. Absent-Tilson. Abstain-None. MOTION CARRIED.

                Motion by Bowman, seconded by Porter to allow Kerns to abstain from any discussion or action with regard to Items X, Y, Z and AA under New Business on the April 7, 2008 Plattsmouth City Council Agenda. MOTION CARRIED.

                ITEM 8 X

                Motion by Bowman seconded by Porter to approve and authorize payment to Fauss Construction Inc. for Pay Application No. 10 in the amount of $20,293.20 for the Fire Department Addition/Renovation Project. ROLL CALL: Yes-Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. No-None. Absent-Tilson. Abstain-Kerns. MOTION CARRIED.

                ITEM 8 Y

                Motion by Porter and seconded by Tesarek to approve and authorize payment to Murray Building and Supply for Invoice No. 107005806 in the amount of $40.19 for the purchase of plywood for the Community Room for the Fire Department Addition/Renovation Project. ROLL CALL: Yes-Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. No-None. Absent-Tilson. Abstain-Kerns. MOTION CARRIED.

                ITEM 8 Z

                Motion by Porter and seconded by Tesarek to approve and authorize payment to Motorola for Invoice No. 13665799 in the amount of $18,862.92 for the purchase of Radio Equipment for the Fire Department Addition/Renovation Project (this will be paid out of the bond money-City purchasing due to Sales Tax issues). ROLL CALL: Yes-Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. No-None. Absent-Tilson. Abstain-Kerns. MOTION CARRIED.

                ITEM 8 AA

                Motion by Porter and seconded by Jenkins to approve Change Order No. 4 for the Fire Department Addition/Renovation Project. ROLL CALL: Yes-Bowman, Wassinger, Jenkins, Tesarek, Derby and Porter. No-None. Absent-Tilson. Abstain-Kerns. MOTION CARRIED.

                ITEM 8 BB

                Mike Wilson, Fire Chief-Presented 1st Quarter 2008 Plattmouth Volunteer Fire and Rescue Report. Ruth Wassinger and other council members expressed their gratitude in a job well done.

                ITEM 9 A

                Street Committee Chairperson Bowman discussed several speed limit changes in the Plattsmouth area.

                ITEM 12

                Motion by Tesarek and seconded by Jenkins to approve the claims as audited by the Finance Committee. ROLL CALL: Ayes-Bowman, Wassinger, Jenkins, Tesarek, Derby, and Kerns. Nays-Porter. Absent-Tilson. Abstain-None. MOTION CARRIED.

                GENERAL ADMINISTRATION

                PAYROLL 3/12/08-3/25/08

                General Admin

                6,486.70

                Humane Dept

                1,013.01

                Police Dept

                23,249.52

                Street Dept

                7,278.21

                Public Library

                4,757.91

                Parks

                880.13

                Oakhill Cemetery

                1,055.09

                Community Center

                1,399.38

                Senior Center

                2,562.64

                Council

                3,999.94

                Payroll Sewer Dept.

                2,346.52

                Payroll Water Dept.

                4,404.25

                59,433.30

                4 STAR LAUNDRY

                218.09

                ALLTEL

                204.98

                ALPHA K-9

                4,000.00

                AMERICAN FAMILY

                67.20

                AMERITAS

                8,135.65

                ANDREW KENNAN

                25.00

                Aqua-Chem Inc

                1,037.90

                AQUILA

                6,977.52

                BASCO CONTROLS

                38.14

                BLUE CROSS

                27,622.10

                Bomgaars

                646.85

                BUILT RIGHT MASONRY

                10,160.00

                CASSGRAM

                83.00

                CDW

                331.99

                CHARTER BUSINESS

                58.23

                CITY OF PLATTSMOUTH

                88.74

                CTS

                2,849.27

                DANKO EMERGENCY EQUIPMENT

                523.34

                DELL

                8,285.56

                DELTA DENTAL PLAN

                1,829.40

                DEPT OF REVENUE

                3,356.54

                DES MOINES STAMP

                89.20

                DOUGLAS COUNTY SHERIFF

                50.00

                Dugan Business Forms

                979.27

                ELECTRONIC ENGINEERING

                77.41

                EMC

                190.48

                FARM PLAN

                254.47

                FASTENAL -

                21.21

                FOREST 3 CLEANING SERVICE

                335.00

                FRATERNAL ORDER OF POLICE

                420.00

                FT DEARBORN LIFE INS

                233.59

                HART AUTO

                84.00

                HASLER

                8.50

                Hawkins, Inc

                809.33

                HDR Engineering Inc

                17,264.12

                Higgins Hardware

                40.70

                JACK N JILL

                485.62

                JEFFERSON PILOT FINANCIAL

                542.45

                JETZ MIDWEST INC

                6,448.00

                JOHN DEERE CREDIT

                1,559.55

                JP COOKE

                167.17

                KENNEDY STORAGE

                50.00

                KENX & LESLIE

                129.05

                KERNS

                1,065.00

                KEVIN LARSON

                26.26

                LAKELAND

                27.90

                Linder Tire & Auto

                56.50

                LINWELD

                744.94

                LUCKY'S

                587.81

                MAIN STREET JEWELERS

                21.00

                MELLEN & ASSOC

                253.90

                MENARDS

                362.25

                Michael Todd

                304.05

                MIDLAND COMPUTE

                323.00

                Midwest Farmers Coop

                632.39

                Midwest Laboratories Inc

                1,207.35

                MIDWEST MINOR MEDICAL

                176.00

                Mississippi Lime

                2,612.68

                MOTOROLA

                18,862.92

                MULLENAX

                965.09

                NE. PUBLIC HEALTH

                205.00

                NEBRASKA CHILD SUPPORT PAYMT

                323.08

                NEBRASKA DEPT OF REV

                100.00

                NEBRASKA DEPT OF REV

                5,848.37

                NEBRASKA FOOD BANK NETWORK

                69.60

                NEBRASKA HEALTH & HUMAN SER

                40.00

                NEXTEL

                1,138.54

                NPPD

                13,627.72

                OCE IMAGISTICS

                22.90

                Ofe, Oil

                1,480.60

                OLD DOMINION BRUSH

                3,170.81

                OLMSTED & PERRYCONSULTING

                1,571.83

                PAPILLION SANITATION

                3,005.99

                PAYLESS OFFICE

                498.13

                PLATTSMOUTH MAIN STREET

                351.93

                PLATTSMOUTH READY MIX

                135.75

                PLATTSMOUTH STATE BANK

                100.00

                Pollardwater.com

                708.85

                PRINTING IMAGES

                634.67

                RDG PLANNING

                400.00

                ROGER JOHNSON

                11,174.50

                SAFETY KLEEN

                44.67

                SANDY MEYER

                196.45

                SOLUTIONONE

                126.60

                SPRINT

                33.33

                STREICHER

                137.94

                SUPPER 8- INNWORKS

                351.00

                SUSPENSION SHOP INC

                906.73

                THE TELEGRAM

                1,468.06

                THE THOMPSON

                3,156.70

                TINCHER

                341.17

                ULTRAMAX

                226.00

                UNION INSURANCE

                155.02

                UNITED STATES LIFE

                106.70

                UNMC PHYSICIAN

                59.00

                UPS

                104.50

                USA Blue Book

                117.71

                Utility Equipment Co.

                455.85

                WASTECORP

                667.95

                Water Dept.--Petty Cash

                338.42

                WINDSTREAM

                907.03

                TOTAL

                $189,516.76

                8:52 p.m. Motion by Jenkins, seconded by Tesarek to adjourn. MOTION CARRIED.

                /s/ Ruth Wassinger, Council President

                ATTEST:

                /s/ Sandra J. Meyer, City Clerk