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A regular meeting of the City Council of the City of Louisville was held on Wednesday, September 10, 2008, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Roger Behrns, Clete Petrzilka, Steve Sherman and Bob Derby. Mayor Mueller stated that the Open Meetings Act is posted at the rear of the room and a copy of all meeting materials is available with the clerk.

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 and asked the Council to review the consent agenda. Petrzilka moves, Behrns seconds to approve the consent agenda. Motion carried by unanimous roll call vote.

 

Petrzilka moves, Derby seconds to open the budget hearing at 7:02 p.m. Motion carried by unanimous roll call vote. No public comment was made. Petrzilka moves, Sherman seconds to close the public hearing on the budget at 7:03 p.m. Motion carried by unanimous roll call vote.

 

Behrns moves, Petrzilka seconds to introduce by title only and suspend the three required statutory reading of Ordinance #809, the annual appropriation bill. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to adopt and publish Ordinance #809 on third and final reading by title only. Motion carried by unanimous roll call vote.

 

Behrns moves, Derby seconds to open the public levy hearing at 7:04 p.m. Motion carried by unanimous roll call vote. No public comment was made. Petrzika moves, Behrns seconds to close the public levy hearing at 7:05 p.m. Motion carried by unanimous roll call vote.

 

Berhns moves, Derby seconds to approve the allowable 2½% restricted funds base increase. Motion carried by unanimous roll call vote. Petrzilka moves, Sherman seconds to approve the additional 1% allowable restricted funds increase. Motion carried by unanimous roll call vote.

 

Petrzilka moves, Sherman seconds to approve Resolution 08-09 to set the property tax request at $384,540.00 for the fiscal year beginning October 1, 2008.  Motion carried by unanimous roll call vote.

 

Derby moves, Behrns seconds to temporarily adjourn as City Council at 7:08 p.m.  Motion carried by unanimous roll call vote. Petrzilka moves, Sherman seconds to temporarily convene as Community Redevelopment Authority (CRA) at 7:08 p.m. Motion carried by unanimous roll call vote.

 

Behrns moves, Derby seconds to open the public budget hearing on the CRA at 7:08 p.m. Motion carried by unanimous roll call vote. No public comment was made. Petrzilka moves, Derby seconds to close the public hearing at 7:09 p.m. Motion carried by unanimous roll call vote.

 

Derby moves, Sherman seconds to introduce by title only and suspend the three required statutory readings of Ordinance #810, the annual appropriation bill for the CRA.  Motion carried by unanimous roll call vote. Petrzilka moves, Sherman seconds to adopt and publish Ordinance #810 on the third and final reading by title only. Motion carried by unanimous roll call vote.

 

Derby moves, Sherman seconds to adjourn as CRA at 7:12 p.m. Motion carried by unanimous roll call vote. Petrzilka moves, Derby to reconvene as City Council at 7:12 p.m. Motion carried by unanimous roll call vote.

 

Darlene Petrzilka reported for the Care Center. She stated that the council had most of the information in their packets. She stated that the garage is almost completed. The annual picnic was a success.

 

Darlene questioned the cost of the fire hydrant and why the Care Center has to pay for the installation. She stated that the Care Center isn’t the only building that would benefit. The cost accountant for the Care Center wants to know how to depreciate a fire hydrant for their records. It was explained to the Care Center Board that the water line and fire hydrant would be part of the city system and wouldn’t be owned by the Care Center. It was stated that this was not a state fire marshal requirement for the original assisted living facility. It was stated that the Care Center Board approved Kerns bid for the work last year and agreed to pay for the line and hydrant at that time. Sherman moves, Derby seconds to pay 50% of the cost of supplies and installation of the water lines and fire hydrants to the Care Center and Assisted Living Facility. Motion carried by unanimous roll call vote.

 

Lindsey Puopolo was present to inquire about zoning use on her property on Kiser Road. She owns 5.5 acres and she wants to request a special use permit to keep two horses on her property. She is within the one mile jurisdiction and the property is zoned RS (residential suburban.) She provided a plot map of her property, letters from neighbors that say they don’t have any issues with horses and pictures of the property to give the council perspective. The attorney explained that RS zoning doesn’t allow horses as a permitted use or a conditional use. According to the zoning book, the property couldn’t be rezoned to TA (Transitional Agriculture) because that requires a minimum of 10 acres. The planner from JEO will be consulted to see if there is some way to make it work. Information will be gathered for the September 24, 2008 meeting. No council action was taken.

 

Justin Barnes was present to request stop signs on 7th Street, eastbound and westbound, at Oak Street. He explained that traffic has increased since South Ridge has been established. It is also a fairly flat street so speeds are high. Mayor Mueller directed the attorney to prepare a resolution for the stop signs as requested. That resolution will be presented at the next city council meeting in September.

 

Mayor Mueller and Council President Behrns had met with representatives of the Care Center Board regarding repayment of the interfund transfer made in April. A certified copy of the minutes when the transfer was made was presented to the Care Center which according to the auditor and bond counsel will suffice as paperwork needed. Petrzilka moves, Sherman seconds to table the issue of repayment of the $500,000 transfer to the Care Center until May 2009. Motion carried by unanimous roll call vote.

 

Representatives from Waste Management were present. Those attending were Jeremy Olsen with public relations, Matt Cross the interim route manager and Brian the current driver for Louisville. Some service issues have come up lately, such as skipping customers, dropping trash and recyclables mixed in with general trash. Jeremy was in attendance as a follow up to see if the council had any additional questions or concerns. The clerk said there has been improvement in the last couple of weeks as far as number of complaints received from the residents. Jeremy did let the council know that the driver is going to stop in the office weekly as he finishes his route to see if there were calls or to voice any of his concerns. For example, he stopped in Monday to say he noticed a few toters hadn’t been pulled out to the curb so he didn’t pick them up. He wanted us to know that if they called to say they were skipped, it’s because they weren’t pulled out to the curb. Dan mentioned an incident where trash was dropped during pickup this week and the driver just drove right over it. Jeremy stated that with the route manager and driver changes made in the last month some questions about the contract have come up as well. The contract stipulates that bulk items such as couches will not be picked up. Waste Management has for the last several years taken these items. It was agreed that these items will be taken until the end of the year, but after that the customer can call Waste Management and make arrangements to pay for those items to be picked up. Or, the customer can wait until the next cleanup day. Word will be sent out to the residents with the next newsletter and posted on the Louisville website of the changes. Jeremy will provide the clerk with an 800 number that can be used for missed pickups that will make Waste Management accountable.

 

Dave Wedekind was present with a preliminary drawing for a subdivision in Timber Ridge. This subdivision would add 7 additional 1½ -2½ acre lots. Dan suggested getting a layout for the water line so the city engineers can approve. The attorney stated that preliminary and final plat proceedings will have to be followed for this subdivision because of the size of the lots. Dave stated he was just getting the council’s feelings on the subdivision. The council advised that the property will have to be rezoned to RS. Dave also asked about a 10 acre lot within the established Timber Ridge subdivision that he wonders if he can rezone so that horses would be allowed. The planner from JEO will be consulted about this issue. 

 

Jim Holst was present with concerns about speeding on Walnut Street. He said the speed limit signs helped for a couple of weeks, but is now an issue again. He suggests a speed bump. Mayor Mueller will contact the sheriff’s department for more patrol at the area.

 

Jim Holst also has an issue with the neighbor’s pine trees obstructing Jim’s view backing out of his driveway. He provided pictures for the council to get a prospective of the situation. The attorney checked the code book for the obstruction ordinance and suggested an order sent to the property owner regarding the matter.

 

Terri Scholting, the president of B.U.I.L.D., was present with a monetary request for Main Street building lights. The CRA funds are available for projects in the blighted area. B.U.I.L.D. approved a bid from Unlimited Visions for the project and needs help with funds to finish the project. A letter from John Plucknett, the president of Home State Bank, was circulated that shows support of the project. Behrns moves, Petrzilka seconds to approve the expenditure of $10,000 to B.U.I.L.D. for the Main Street lighting project upon completion from the CRA funds. Roll call vote: ayes – Petrzilka, Behrns, Derby; abstain – Sherman. Motion carried.

 

There are some excess bricks from the well houses, water treatment plant and the Care Center. Some residents have asked Dan if those are available for purchase. Petrzilka moves, Derby seconds to sell the excess bricks pursuant to Nebraska statutes for 0.25 cents each to interested parties. Motion carried by unanimous roll call vote.

 

Derby moves, Petrzilka seconds to approve the transfer of $100,000 from economic development fund to the water fund for overages on the water treatment plant. Motion carried by unanimous roll call vote.

 

Bids were solicited to three car dealers for a new pickup. Only one bid was received from Copple Chevrolet-GMC. Behrns moves, Derby seconds to approve the purchase of a 2008, one ton pickup in the amount of $23,033.78 from Copple Chevrolet. Motion carried by unanimous roll call vote.

 

A written sheriff’s report was circulated. Jason reported for the fire department. He had a list of fire hydrants that need repaired that had been presented last year and he was just checking to see the progress. Some need lifted, some need turned, some just need to be tested and painted. Jason also inquired about the parking ordinances. He feels that parking should only be allowed on one side of the street throughout town for access of the fire trucks. Jason also expressed concern about the fire safety of the trailers on 2nd Street.

 

Dan reported for streets, water and wastewater. He has the installation of water valves almost completed. Water samples taken from the water treatment have come back with great results. Dan stated he sees the water improvements being virtually done. The water map needs to be updated. Dan told the council that the tower will be cleaned in the middle of October.

 

The executive session pertaining to personnel was tabled until the next meeting.

 

Berhns moves, Petrzilka seconds to adjourn the meeting at 9:11 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