PLATTSMOUTH CITY COUNCILJanuary 6, 2020A meeting of the City Council

PLATTSMOUTH CITY COUNCILJanuary 6, 2020A 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 January 6, 2020 at Plattsmouth City Hall in Plattsmouth Nebraska. Present were Mayor R. Paul Lambert and Council Members: Steve Riese, Morgan Muller, Sean Minahan, Terry Kerns and Jeanie Brookhouser. Council Members Absent: Doug Derby and Wanda Wiemer. Also present: City Administrator Ervin Portis, City Clerk Sandra J. Meyer and City Attorney Stephen Q. Preston. This is a regular meeting of the Mayor and City Council of Plattsmouth. Notice of meeting was published on December 26, 2019 in the Plattsmouth Journal. Proof of publication along with the Mayor and Council's Acknowledgment of Receipt of Notice are on file. The Open Meetings Act is posted on the bulletin board in the City Council chambers. A copy of the agenda and all documents to be discussed is available to the public. All proceedings hereafter shown were taken while the convened meeting was open to the public. We will follow the agenda that was made available to the public. Please silence cell phones.ITEM 5-CITIZEN DELEGATIONNo one spoke at citizen Delegation.ITEM 6-MAYORAL PROCLAMATIONSThere were no Mayoral Proclamations.ITEM 7-CONSENT AGENDAMotion by Brookhouser seconded by Riese to approve the consent agenda as presented: AConsider approval of the December 16, 2019 City Council Meeting MinutesBConsider approval of claimsClaims Register Report as of 1/6/20 Pay Date: 12/20/19 118875.66 Com Ctr 7076.71EMS 11942.05General 15773.14Library 8055.05Parks and Cemetery 3607.84Police 40186.94Senior Center 2509.83Street 12334.79Water and Sewer 17389.31 Pay Date: 1/3/20 122041.7 Com Ctr 5782.71EMS 12690.22General 17189.99Library 7212.5Parks and Cemetery 3414.48Police 43673.1Senior Center 2131.97Street 12658.01Water and Sewer 17288.72 Various Vendor Name AMERICAN FAMILY LIFE 651.95AMERITAS 33016.5AMERITAS LIFE INSURANCE CORP 148.12BLUE CROSS BLUE SHIELD 54481.15DELTA DENTAL PLAN 3160.28DIVISION OF CHILD SUPPORT SERVICES 800.28FRATERNAL ORDER OF POLICE 360HARTFORD LIFE INSURANCE COMPANY 202.85INTERNAL REVENUE SERVICE 52125.11MUTUAL OF OMAHA 774.04NEBRASKA CHILD SUPPORT PAYMENT CENTER 392.32NEBRASKA DEPARTMENT OF REVENUE 8003.89NEBRASKA DEPARTMENT OF REVENUE (SALES TAX) 12608.89PLATTSMOUTH COMMUNITY CENTER 2313.66PLATTSMOUTH STATE BANK 272.16 Department : 01 - GENERAL ADMINISTRATION BOMGAARS SUPPLY 23.7CHARTER BUSINESS 198.34CLAY D LINCOLN 50EGAN SUPPLY CO 48.33FIRST BANKCARD 261.06FIX IN A ZIP LLC 4447KATHRYN SHARP 125KONICA MINOLTA BUSINESS SOLUTIONS 25.5KONICA MINOLTA PREMIER FINANCE 221.16OFFICE DEPOT INC 25.01OLMSTED & PERRY ENGINEERING 82.5PETTY CASH CITY 6PITNEY BOWES INC 39.48SOFTCHOICE CORPORATION 1605THE COLUMBUS TELEGRAM 1207.78WELCH LAW FIRM LLC 6000Department : 02 - HUMANE/CODE ENFORCEMENT BOMGAARS SUPPLY 18.05H & H SALES INC 186.24 Department : 03 - EMS ACCELERATED GRAPHX LLC 300ALADTEC INC 1865BLACK HILLS ENERGY 95.99BOUND TREE MEDICAL LLC 800.07DANKO EMERGENCY EQUIPMENT 2911.7FIRST BANKCARD 558.5FORT DEARBORN LIFE INSURANCE CO 68.8KONICA MINOLTA PREMIER FINANCE 35.78LINDER TIRE & AUTO INC 1433.4MATHESON TRI-GAS INC 119.68METRO BILLING SERVICES LLP 1254OVERHEAD DOOR COMPANY OF OMAHA 78.5REBECCA L GRAF 89.36STERICYCLE INC 259.42STRYKER SALES CORPORATION 32474.04TODD K HINTZE 12.93WALKERS INC 32.76YANT TESTING SUPPLY & EQUIPMENT 1546.02Department : 04 - POLICE ACCELERATED GRAPHX LLC 165.5AMERICAN FUTURE SYSTEMS INC 254.95BOMGAARS SUPPLY 21.98CASS COUNTY SHERIFF 3615DIGITAL ALLY INC 245FERGUSON ENTERPRISES 275FIRST BANKCARD 709GALLS 52.98GREAT PLAINS UNIFORMS 720.49H & H SALES INC 2415.65IMPACT MANUFACTURING 45.07INTERNATIONAL ASSOCIATION FOR PROPERTY AND EVIDENCE INC 345JOSHUA MEDEIROS 15.9KONICA MINOLTA BUSINESS SOLUTIONS 16.19KONICA MINOLTA PREMIER FINANCE 154.29MID-STATES ORGANIZED CRIME INFO 150POLICE CHIEFS ASSOC OF NEBRASKA 50SID TOOL CO INC 719.78WOODHOUSE FORD SOUTH INC 551.25 Department : 05 - STREET AGRIVISION EQUIPMENT GROUP LLC 271.46BOMGAARS SUPPLY 485.22BOO INC DBA BOBCAT OF OMAHA 308.86FASTENAL COMPANY 363.08HD SUPPLY CONSTRUCTION & INDUSTRIAL WHITE CAP 252.89IMPACT MANUFACTURING 36.72JESSICA FORBS 101.98LINDER TIRE & AUTO INC 170OFFICE DEPOT INC 213.2SID TOOL CO INC 160.96Department : 06 - LIBRARY BAKER & TAYLOR BOOKS 2221.37FIRST BANKCARD 1154.66KIRSTEN WOOD 59.92KONICA MINOLTA PREMIER FINANCE 154.29LYNNE CAMPBELL 79.9OKEEFE ELEVATOR CO INC 194.83SOFTCHOICE CORPORATION 299.99STEPHEN C WARGA 36WINDSTREAM 146.07 Department : 07 - PARKS AGRIVISION EQUIPMENT GROUP LLC 1233.09CHARTER BUSINESS 36.91JUSTIN A MARSH 1725.17PRUITT OUTDOOR POWER 173.5THE COLUMBUS TELEGRAM 6.32 Department : 08 - CEMETERY LINDER TIRE & AUTO INC 133.22NEBRASKA PUBLIC POWER DISTRICT 64.88OREILLY AUTOMOTIVE INC 125.88WINDSTREAM 139.83 Department : 10 - FIRE BLACK HILLS ENERGY 95.99FIRST BANKCARD 9.26FORT DEARBORN LIFE INSURANCE CO 172KONICA MINOLTA PREMIER FINANCE 35.78OVERHEAD DOOR COMPANY OF OMAHA 78.5THE COLUMBUS TELEGRAM 7.58TODD K HINTZE 12.93WALKERS INC 32.74YANT TESTING SUPPLY & EQUIPMENT 1546.03Department : 11 - SENIOR CITIZEN CTR CHARTER BUSINESS 143.26HYVEE 214.5OFFICE DEPOT INC 19.98STRATUS BUILDING SOLUTION OF ARIZONA 219THE THOMPSON COMPANY 2767.22WALKERS INC 133Department : 16 - ECONOMIC DEVELOPMENT OLMSTED & PERRY ENGINEERING 517.04Department : 17 - COMMUNITY CENTER CHARTER BUSINESS 429.79EGAN SUPPLY CO 410.08FIRST BANKCARD 287.1KONICA MINOLTA PREMIER FINANCE 186.7OFFICE DEPOT INC 45.42OKEEFE ELEVATOR CO INC 389.66SEI SECURITY EQUIPMENT 468STRATUS BUILDING SOLUTION OF ARIZONA 1870THE WALDINGER CORPORATION 1563.66WALKERS INC 120Department : 18 - AQUATIC CHARTER BUSINESS 36.91Department : 20 - WATER AMERICAN WATER WORKS ASSOC 204BOMGAARS SUPPLY 229.24BOUND TREE MEDICAL LLC 43CORE & MAIN LP 2167.48DPC INDUSTRIES INC 490FIRST BANKCARD 116.75MATHESON TRI-GAS INC 180.45MISSISSIPPI LIME COMPANY 7624NEBRASKA DEPARTMENT OF REVENUE (SALES TAX) 308.28NEBRASKA PUBLIC HEALTH ENVIRONMENTAL LAB 385NEBRASKA PUBLIC POWER DISTRICT 6433.84NEBRASKA RURAL WATER 275OLMSTED & PERRY ENGINEERING 8880.94OXEN TECHNOLOGY 619.5RGS REPAIR INC 799.58SOFTCHOICE CORPORATION 226.48TYLER TECHNOLOGIES 90WELCH LAW FIRM LLC 2000Department : 30 - SEWER BLACK HILLS ENERGY 392.82BOMGAARS SUPPLY 804.96BOUND TREE MEDICAL LLC 43CORE & MAIN LP 1783.39CUMMINS CENTRAL INC 1401.5JUSTIN A MARSH 524.16MID IOWA SOLID WASTE EQUIPMENT 92.55NEBRASKA PUBLIC POWER DISTRICT 1564.87OLMSTED & PERRY ENGINEERING 4920.5OMAHA DOOR & WINDOW COMPANY 487.75OXEN TECHNOLOGY 619.5RAILROAD MANAGEMENT COMPANY III LLC 696.73SAVAGE PLUMBING INC 1500TYLER TECHNOLOGIES 90WELCH LAW FIRM LLC 2000WINDSTREAM 51.06ROLL CALL: Yes-Minahan, Kerns, Muller, Brookhouser and Riese. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.ITEM 8-UNFINISHED BUSINESSITEM 8 ASteve Perry, PE, Olmsted & Perry Consulting Engineers Inc. reviewed Application for Payment No. 2 (Final Retainage) submitted by Omaha Electric Service Inc. 2019 Flood Recovery Project - Reconstruction of City Well No. 6 (PW#111072 ) in the amount of $ 2,761.00. This is the final retainage and recommended approval contingent on receipt of closeout documents. Motion by Riese seconded by Muller to approve Application for Payment No. 2 (Final Retainage) submitted by Omaha Electric Service Inc. 2019 Flood Recovery Project - Reconstruction of City Well No. 6 (PW#111072 ) in the amount of $ 2,761.00 and authorize the Mayor to execute Pay Application No. 2 contingent on receipt of closeout documents. ROLL CALL: Yes-Brookhouser, Riese, Kerns, Muller and Minahan. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.Council member Kerns stated that he would be abstaining from any discussion or action on ITEM 8 B and ITEM 8 C as he is President and Majority Shareholder of Kerns Excavating Co. which creates a conflict of interest.ITEM 8 BSteve Perry, PE, Olmsted & Perry Consulting Engineers Inc. reviewed Change Order No. 7 submitted by Kerns Excavating Inc. for the US Highway 75 Utility Relocations to extend the contract completion date to February 01, 2020. This request is due to flood recovery from the 2019 floods and approval was recommended. Motion by Brookhouser seconded by Riese to approve Change Order No. 7 submitted by Kerns Excavating Inc. for the US Highway 75 Utility Relocations to extend the contract completion date to February 01, 2020 and authorize the Mayor to execute Change Order No. 7. ROLL CALL: Yes-Muller, Brookhouser,Riese and Minahan. No-None. Absent-Derby and Wiemer. Abstain-Kerns. Mayor Lambert voted "Yes", providing the additional vote required to create a majority of members elected to the council. MOTION CARRIED.ITEM 8 CSteve Perry, PE, Olmsted & Perry Consulting Engineers Inc. reviewed Change Order No. 1 submitted by Kerns Excavating Co. Inc. for the 2019 Flood Recovery Project - Standby Generator Support Structures Project to extend the contract completion date to February 1, 2020. Erv Portis, City Administrator asked that the completion date be amended to February 13, 2020 as there was an error on the agenda that was in the packets. Again, this request is due to delays caused by the 2019 flooding and Mr. Perry recommended approval with the amended contract completion date of February 13, 2020. Motion by Muller seconded by Brookhouser to approve Change Order No. 1 submitted by Kerns Excavating Co. Inc. for the 2019 Flood Recovery Project - Standby Generator Support Structures Project to extend the contract completion date to February 13, 2020 and authorize the Mayor to execute Change Order No. 1. ROLL CALL: Yes-Minahan, Brookhouser, Riese and Muller. No-None. Absent-Derby and Wiemer. Abstain-Kerns. Mayor Lambert voted "Yes", providing the additional vote required to create a majority of members elected to the council. MOTION CARRIED.ITEM 8 DErv Portis, City Administrator and Steve Perry, PE, Olmsted & Perry Consulting Engineers Inc. gave a presentation on the erosion from the flood and placing barriers at the Water Plant, Wastewater Treatment Plant and Wells 6 and 8. The estimated cost is $240,000.00 for materials for all sites. The labor would be done with City Staff. Motion by Riese seconded by Muller to authorize the purchase of Flood Protection Barriers for the Wastewater Treatment Plant using the State of Iowa Contract. ROLL CALL: Yes-Brookhouser, Kerns, Minahan, Muller and Riese. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.ITEM 8 EMotion by Brookhouser seconded by Kerns to approve the Certification of Compliance of Maintenance Agreement No. 21 QE 1125 Supp 1 between the Nebraska Department of Transportation and the Municipality of Plattsmouth for Calendar Year 2019 and authorize the Mayor to execute the Agreement. ROLL CALL: Yes-Riese, Muller, Minahan, Kerns and Brookhouser. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.ITEM 9 - NEW BUSINESSITEM 9 APursuant to publication Mayor Lambert opened a public hearing at 7:40 p.m. to receive public input on final project status concerning the use of Community Development Block Grant (CDBG) 09-DTR-101 funds. No one spoke in favor, opposition or of a neutral nature. Mayor Lambert closed the public hearing at 7:42 p.m.ITEM 9 BPursuant to publication, Mayor Lambert opened a public hearing at 7:43 p.m. to receive public input on the Intention to consider levying a special assessment against each of the real estate parcels listed in Resolution No. 20-001 in the amount set opposite to such parcel. Each of the parcels have outstanding bills against them for nuisance abatement conducted by the City in accordance with the Plattsmouth Municipal Code. Captain Ryan Crick of the Plattsmouth Police Department presented an exhibit to the City Clerk to show cause for the levying of special assessments. No one else spoke in favor, opposition or of a neutral nature. Mayor Lambert closed the public hearing at 7:44 p.m.ITEM 9 CErv Portis, City Administrator informed Council there are three properties: 211 N. 15th St.; 805 Main St.; and 1305 17th Ave. that we received payment on and are to be removed from the listing. Motion by Muller seconded by Brookhouser to adopt RESOLUTION NO. 20-001: A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF PLATTSMOUTH, NEBRASKA, LEVYING THE COST AND EXPENSE OF NUISANCE ABATEMENT WORK AS A SPECIAL ASSESSMENT ON THE REAL ESTATE PARCELS LISTED ON THE CITY'S "SUMMARY ABATEMENT OF NUISANCES WORK REPORT - THROUGH OCTOBER 31, 2019" INCLUDED AS ATTACHMENT "A" TO THIS RESOLUTION with amendments to Attachment A excluding 211 N. 15th St., 805 Main St. and 1305 17th Avenue by title only. Erv Portis, City Administrator read RESOLUTION NO. 20-001 in to the record by title only. ROLL CALL: Yes-Muller, Brookhouser, Riese, Minahan and Kerns. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED. ITEM 9 DCouncil member Riese introduced an ordinance numbered and titled as follows: ORDINANCE NO. 1966: AN ORDINANCE OF THE CITY OF PLATTSMOUTH, NEBRASKA TO ENACT CHAPTER 6, ARTICLE 5, SECTIONS 6-501 THROUGH 6-507 OF THE PLATTSMOUTH REVISED MUNICIPAL ORDINANCES 2011 RELATED TO PERMITS TO OCCUPY THE CITY'S RIGHTS-OF-WAY; TO REPEAL ALL ORDINANCES IN CONFLICT; TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM; AND TO PROVIDE AN EFFECTIVE DATE. Motion by Riese seconded by Kerns to approve firstreading of ORDINANCE NO. 1966: AN ORDINANCE OF THE CITY OFPLATTSMOUTH, NEBRASKA TO ENACT CHAPTER 6, ARTICLE 5, SECTIONS 6-501 THROUGH 6-507 OF THE PLATTSMOUTH REVISED MUNICIPAL ORDINANCES 2011 RELATED TO PERMITS TO OCCUPY THE CITY'S RIGHTS-OF-WAY; TO REPEAL ALL ORDINANCES IN CONFLICT; TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM; AND TO PROVIDE AN EFFECTIVE DATE by title only. ROLL CALL: Yes-Kerns, Riese, Minahan, Brookhouser and Muller. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED. City Administrator, Ervin Portis read ORDINANCE NO. 1966 in to the record by title only.ITEM 9 ECouncil member Brookhouser introduced an ordinance numbered and titled as follows: ORDINANCE NO. 1967: AN ORDINANCE OF THE CITY OF PLATTSMOUTH, NEBRASKA TO ENACT CHAPTER 6, ARTICLE 6, SECTIONS 6-601 THROUGH 6-607 OF THE PLATTSMOUTH REVISED MUNICIPAL ORDINANCES 2011 RELATED TO SMALL WIRELESS FACILITIES IN THE RIGHT-OF-WAY; TO REPEAL ALL ORDINANCES IN CONFLICT; TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM; AND TO PROVIDE AN EFFECTIVE DATE. Motion by Brookhouser seconded by Riese to approve first reading of ORDINANCE NO. 1967: AN ORDINANCE OF THE CITY OF PLATTSMOUTH, NEBRASKA TO ENACT CHAPTER 6, ARTICLE 6, SECTIONS 6-601 THROUGH 6-607 OF THE PLATTSMOUTH REVISED MUNICIPAL ORDINANCES 2011 RELATED TO SMALL WIRELESS FACILITIES IN THE RIGHT-OF-WAY; TO REPEAL ALL ORDINANCES IN CONFLICT; TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM; AND TO PROVIDE AN EFFECTIVE DATE by title only. ROLL CALL: Yes-Brookhouser, Muller, Riese, Kerns and Minahan. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED. City Administrator, Ervin Portis read ORDINANCE NO. 1967 in to the record by title only.ITEM 9 FCouncil member Minahan asked that the question be separated and the reappointment of Angie Minahan to the Plattsmouth Planning Commission be considered separate as he has a conflict of interest and would not be discussing or voting on her reappointment.Motion by Minahan seconded by Kerns to separate the question and consider the reappointment of Angie Minahan to the Plattsmouth Planning Commission as a separate item. ROLL CALL: Yes-Minahan, Kerns, Muller, Brookhouser and Riese. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.Motion by Brookhouser seconded by Riese to approve the reappointment of the following members of the Plattsmouth Planning Commission: Jeff Kindig, Rich McKinley, DeWayne Prince, Robert Rice, Heather Herlick, Mike Bowman, Mary Harding and Michael Vaughn. ROLL CALL: Yes-Brookhouser, Kerns, Minahan, Muller and Riese. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.Motion by Kerns seconded by Muller to approve the reappointment of Angie Minahan to the Plattsmouth Planning Commission. ROLL CALL: Yes-Riese, Muller, Kerns and Brookhouser. No-None. Absent-Derby and Wiemer. Abstain-Minahan. Mayor Lambert voted "Yes", providing the additional vote required to create a majority of members elected to the council. MOTION CARRIED.ITEM 9 GMotion Brookhouser seconded by Riese to receive with regrets Cheryl Grimshaw's letter of resignation as a member of the Plattsmouth City Council-Ward 2 effective December 31, 2019. ROLL CALL: Yes-Brookhouser, Riese, Kerns, Muller and Minahan. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.ITEM 9 HMotion by Kerns seconded by Riese to approve the appointment of Gary Hellwig to the Plattsmouth Airport Authority to fill a vacancy. ROLL CALL: Yes-Muller, Minahan, Brookhouser, Kerns and Riese. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.ITEM 9 IMotion by Riese seconded by Muller to approve the appointment of Ransom Cole to the Plattsmouth Airport Authority to fill a vacancy. ROLL CALL: Yes-Riese, Minahan, Kerns, Brookhouser and Muller. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.ITEM 9 JMotion by Brookhouser seconded by Riese to approve the appointment of Anna Ostrand as a new member of the Plattsmouth Emergency Medical Services Department and the addition of her name to the roster. ROLL CALL: Yes-Brookhouser, Kerns, Minahan, Muller and Riese. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.ITEM 9 KMike Wilson, Chief of the Plattsmouth Volunteer Fire Department reviewed the 2019 Year End Report for the Department. Chief Wilson introduced his officers for 2020.ITEM 9 LMotion by Brookhouser seconded by Riese to approve the Plattsmouth Volunteer Fire Department Membership roster. ROLL CALL: Yes-Riese, Muller, Minahan, Kerns and Brookhouser. No-None. Absent-Derby and Wiemer. Abstain-None. MOTION CARRIED.ITEM 128:21 p.m. Motion by Brookhouser seconded by Riese to adjourn. MOTION CARRIED, on a voice vote./s/R. Paul Lambert, Mayor ATTEST:/s/Sandra J. Meyer, City Clerk(1:30)20(43126)