Meeting Minutes

February 14, 2007


A regular meeting of the City Council of the City of Louisville was held on Wednesday, February 14, 2007, at 7:00 p.m. at the City Hall. Present were Mayor Alan Mueller, Council Members Clete Petrzilka, Roger Behrns, Bob Derby and Steve Sherman. Also present were City Attorney Roger Johnson and City Supervisor Dan Henry and several guests.

Notice of the regular meeting was given in advance thereof by publication in the Plattsmouth Journal and by posting in three (3) public places as shown by the certificate attached to these minutes. Notice was simultaneously given to all council members. Their acknowledgement of receipt of notice and the agenda is attached to these minutes. All proceedings thereafter were taken while the convened meeting was open to the public.

Mayor Mueller called the meeting to order, stated that the Open Meetings Act is posted at the rear of the room and asked the council to review the consent agenda. Petrzilka moves, Derby seconds to approve the consent agenda. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to open the public hearing at 7:03 p.m. to consider a request for a Class C Liquor License for Chubb Enterprises, Inc. dba Main Street Café. Motion carried by unanimous roll call vote. Mayor Mueller asked for public comment in favor or opposition to the application. The Class C classification was explained as on-sale and off-sale, beer, wine and liquor. Cory Chubb explained they applied for Class C for catering purposes and also because they might have a section to sell Nebraska made products which would include local wines. It was also explained that this is a totally separate entity and license than the bar. Bob Copple supported the effort and improvements by the Chubbs on Main Street. Bob had no objections and showed total support. No other public comment was made. Derby moves, Petrzilka seconds to close the public hearing at 7:08 p.m. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to open the public hearing at 7:09 p.m for the One & Six Year Road Plan. Motion carried by unanimous roll call vote. Dan Henry stated that correspondence was received today from an engineering firm on the 6th Street Bridge so evidently the county is moving forward with that project. Bob Copple commented on the Eastwood Drive extension. He believes the improvements would be necessary if there is any more development in the area, but was concerned about the cost and possible assessment to property owners. There are also concerns with drainage in the area. Behrns moves, Sherman seconds to close the public hearing at 7:13 p.m. Motion carried by unanimous roll call vote.

Petrzilka moves, Sherman seconds to approve Resolution 07-01; One & Six Year Plan for Street Improvement Program for the City of Louisville. Motion carried by unanimous roll call vote.

Derby moves, Petrzilka seconds to approve Resolution 07-02; Class C Liquor License Recommendation for Chubb Enterprises, Inc. dba Main Street Café. Motion carried by unanimous roll call vote.

Behrns moves, Petrzilka seconds to approve Resolution 07-03; Sale of surplus 1991 Ford Ambulance. Motion carried by unanimous roll call vote.

Petrzilka moves, Derby seconds to temporarily adjourn as the City Council and convene as Community Redevelopment Authority. Motion carried by unanimous roll call vote.

The alley project east of Main Street between 2nd and 3rd Streets was discussed. It was determined to be part of the original tax increment financing (TIF) project, therefore excess monies from that fund can be used to repair and improve the alley. Dan had preliminary cost estimates of approximately $23,000 for the improvements. He also stated that the improvements are necessary because of the drainage problems and the width of the alley. Starting date for the project would be immediately following Louisville Daz 2007. Behrns moves, Derby seconds to expend the money from the Community Redevelopment Authority fund to improve the alley mentioned. Motion carried by unanimous roll call vote.

The alley project east of Main Street between 1st and 2nd Streets was also discussed to increase public parking spaces in the downtown area. This alley does not connect to the original TIF project of Home State Bank so alternate funding is being considered. Petrzilka moves, Behrns seconds to table this matter until a later date. Motion carried by unanimous roll call vote.

Sherman moves, Behrns seconds to adjourn as the Community Redevelopment Authority and reconvene as the City Council. Motion carried by unanimous roll call vote.

A handicapped ramp to the entrance of The Louisville Art Gallery was discussed. City Attorney Johnson was asked to investigate this matter after the last meeting. The current city code book in Chapter V, Section 102 states, “It shall be unlawful for any person, firm or corporation to obstruct or encumber by fences, gates, buildings, structures or otherwise, any of the streets, alley, or sidewalks.” Council Member Sherman questioned whether it would be considered a structure. Steve’s original idea was to have a wall and that would be a structure. Ordinances can be amended but the city would have to be very careful with what was allowed. Sherman says he will pursue this matter. Council Member Petrzilka suggested a portable ramp and asked if that would serve his purpose. Steve will come back with a plan at a later date after discussing it with ADA representatives. No council action was taken.

Mayor Mueller recapped the process leading up to the approval of the engineering firm to do the site development of the business park area south of town. A subcommittee was formed, they approved a request for proposal, six proposals were received, the subcommittee narrowed down the list to four that were interviewed, they then recommended Olsson and Associates as the most qualified with the best price, the planning commission agreed with the recommendation and forwarded it on to the city council. It was stated that the subcommittee was comprised of the Mayor, a council representative, city staff, planning commission members, BUILD representative and citizens-at-large. Steve Oltmans was present from Olsson & Associates to answer any questions. The site development project will be the first phase and the comprehensive plan review/update will follow if necessary. Behrns moves, Petrzilka seconds to accept the recommendation of the subcommittee and the planning commission to proceed with Olsson & Associates for Phase One of the site development proposal for the business park and to have Olsson & Associates prepare the contracts to be presented at the March meeting. Motion carried by unanimous roll call vote.

Mayor Mueller moved the jagWire lease agreement to an executive session at the end of the meeting on City Attorney Johnson’s recommendation.

Mayor Mueller informed the council and the audience that the state had a meeting on the Louisville South Bypass that he and John Plucknett attended. A project number was assigned and a funding gap is holding up the project at this time.

Bob Copple and Dick Berner were in attendance to discuss tap fees that were changed at the December meeting. They felt that their development would suffer because of the big jump in tap fees to connect to the water system outside the city limits and asked the council to consider adjusting the fees. They wanted the council to at least consider keeping the old fee for the lots that have already been sold. City Attorney Johnson said it would be nearly impossible to exclude only a limited number from the new fees and couldn’t think of a way to “grandfather” those lot owners. Council Member Sherman agreed that the jump was large and had concerned about squashing new development. Comparisons from neighboring towns were included in the council packets and they were announced. The council agreed to lower the tap fees with the understanding that the fees will be adjusted again before the next budget year this July. There was a lengthy discussion about the reasons for the increases and alternatives. City Attorney Johnson was directed to prepare an ordinance for the next meeting with the tap fees lowered to $400 in the city limits and $600 outside the city limits.

Berner/Copple LLE had presented a request for payment of water main upgrades in The Ridges. The only discrepancy was the extension from between lots 38 & 39 to 144th Street. The map that the city engineer signed off on showed the line going all the way to 144th Street. Bob Copple said the lots closest to 144th Street were unbuildable so they never intended to extend the line that far. After a lengthy discussion a compromise was reached for the city to pay for half the extension and half the extra fire hydrant. Behrns moves, Petrzilka seconds to approve the request with the discussed changes and to pay Berner/Copple LLC $26,606.67 for the upgrades to the water main at The Ridges. Motion carried by unanimous roll call vote.

Kari Wockenfuss reported for the Louisville Care Community. Each council member had been provided a completion report for the Care Center project. They are having trouble with the heat in the new facility and that is being worked on. There are 13 residents in the assisted living facility. Kari reported that they are working on a storage/garage space and are working to buy another van. They are still working on brochures. They will be celebrating a 35 year anniversary in May so have started planning for that event. Mayor Mueller reported that the Care Center Advisory Board had discussed the extension of a water line for fire protection. Dan and Jason McClun will come up with a plan.

A written sheriff’s report was circulated. There were no reports for Fire, Rescue and JayCees.

Ruth Hlavac presented the annual library report including collections, services and circulation. She informed the council that the state aid check of $730 had been received. Ruth is hoping to purchase more computers this fiscal year because they are always being used and usually a waiting line. She thanked the council for the improvements to the building such as the lights, bathroom fixtures and back door. She talked about the summer reading program.

John Plucknett reported for B.U.I.L.D. He spoke about the 150 year celebration, Trivia Challenge, Louisville South Bypass and the site development of the business park. He also talked about the possibility of a wireless internet project to make Louisville a “hot spot” as a tourism draw.

Dan reported for the Senior Center. Dan showed the problem with the front door to Tim Upton and they both believe there are no frost footings under the south side of the building and that is what is causing the problem. There is also a gutter falling off. The whole door and the window on top of the door will have to be reframed and replaced. Dan wondered if it had to be that kind of door. When it warms up, Dan will dig down and determine what is really wrong and he and Tim will come up with a plan for repairs this spring.

Dan reported for water, maintenance and sewer. One of the wells is done and cased. They pumped it to test for static and the results were very good. Mayor Mueller thanked Dan and crew for their great job with snow removal.

Petrzilka moves, Behrns seconds to enter executive session at 8:52 p.m. to discuss legal issues relating to the jagWire lease agreement. Motion carried by unanimous roll call vote. Mayor Mueller restated the reason for the executive session being the discussion of legal issues regarding the jagWire lease agreement. Petrzilka moves, Sherman seconds to exit executive session at 9:26 p.m. Motion carried by unanimous roll call vote.

Sherman moves, Derby seconds to adjourn the meeting at 9:30 p.m. Motion carried by unanimous roll call vote.

I, the undersigned clerk, hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and City Council of Louisville. To the best of my knowledge, the agenda was kept continually current and available for public inspection; and the minutes were in written form and available for public inspection within 10 working days. The minutes are published in summary form. Upon request a complete copy is available at City Hall.

Dee Arias
City Clerk 

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