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A regular meeting of the City Council of the City of Louisville was held on Wednesday, December 10, 2008, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Roger Behrns, Clete Petrzilka and Bob Derby. Steve Sherman was absent. 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. Behrns moves, Derby seconds to approve the consent agenda with an amendment to the November minutes by changing the amount of the payroll in reserve regarding the Louisville Care Center to “five months” instead of an exact dollar amount. Roll call vote: ayes – three, Sherman – absent. Motion carried.

 

Mayor Mueller opened a hearing at 7:02 p.m. to consider the final plat for the Wedekind Subdivision, Lots 1 through 7, inclusive, being a part of Tax Lot 64 and located in the NW 1/4 of the SW 1/4 of Section 22-T12N-R11E of the 6th P.M., Cass County, Nebraska. Dave Wedekind was present to answer any questions. It was noted that the planning commission recommended approve of the final plat at their meeting last week. Mayor Mueller closed the hearing at 7:03 p.m.

 

Berhns moves, Petrzilka seconds to approve Resolution 08-15; A Resolution to Approve the Subdivision Agreement between the City of Louisville, Nebraska and Developers David Wedekind and Pamela Wedekind, for Wedekind Subdivision, Lots 1 Through 7, inclusive, being a part of Tax Lot 64 and located in the NW 1/4 of the SW 1/4 of Section 22-T12N-R11E of the 6th P.M., Cass County, Nebraska. Roll call vote: ayes – three, Sherman – absent. Motion carried.

 

Petrzilka moves, Derby seconds to approve Resolution 08-16; A Resolution to Approve a Final Plat of a Major Subdivision Developers David Wedekind and Pamela Wedekind, for Wedekind Subdivision, Lots 1 Through 7, inclusive, being a part of Tax Lot 64 and located in the NW 1/4 of the SW 1/4 of Section 22-T12N-R11E of the 6th P.M., Cass County, Nebraska. Roll call vote: ayes – three, Sherman – absent. Motion carried.

 

Behrns moves, Derby seconds to introduce by title only and suspend the three required statutory readings of Ordinance #814; An Ordinance to amend the City of Louisville, NE Comprehensive Development Plan and the Zoning Map by changing certain boundaries from Transitional Agricultural (TA) to Residential Subdivision District (RS), Wedekind Subdivision, Lots 1 Through 7, inclusive, being a part of Tax Lot 64 and located in the NW 1/4 of the SW 1/4 of Section 22-T12N-R11E of the 6th P.M., Cass County, Nebraska. Roll call vote: ayes – three, Sherman – absent. Motion carried. Behrns moves, Derby seconds to adopt by title only on third and final reading Ordinance #814. Roll call vote: ayes – three, Sherman – absent. Motion carried.

 

Derby moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #815; An Ordinance to amend the City of Louisville, NE Comprehensive Development Plan and the Zoning Map by changing certain boundaries from Transitional Agricultural (TA) to Residential Subdivision District (RS), Lot 5 Revised, Northridge 2nd Subdivision, Cass County, NE. Roll call vote: ayes – three, Sherman – absent. Motion carried. Petrzilka moves, Behrns seconds to adopt by title only on third and final reading Ordinance #815. Roll call vote: ayes – three, Sherman – absent. Motion carried.

 

Derby moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #816; An Ordinance to amend the City of Louisville, NE Comprehensive Development Plan and the Zoning Map by changing certain boundaries from Residential Subdivision District (RS) to Transitional Agricultural (TA), Lots 65 and 69, Timber Ridge Subdivision, located in the SW1/4 of Section 22-T12N-R11E of the 6th P.M., Cass County, NE. Roll call vote: ayes – three, Sherman – absent. Motion carried. Derby moves, Petrzilka seconds to adopt by title only on third and final reading Ordinance #816. Roll call vote: ayes – three, Sherman – absent. Motion carried.

 

Jim Holst was not present to discuss speeding on Walnut Street. He had been into the city clerk’s office to report that there hadn’t been an improvement since his last city council visit. Jim suggested speed bumps. The city council is reluctant to install speed bumps because they are so rough on the city’s equipment. The possibility of stop signs was discussed. Mayor Mueller will contact the sheriff’s department again and ask them to focus more attention at that area.

 

Petrzilka moves, Derby seconds to adjourn the meeting at 7:21 p.m. Roll call vote: ayes – three, Sherman – absent. Motion carried.

 

Mayor Mueller, Councilmember Behrns and Councilmember Jensen took the Oath of Office for their new terms which expire in December, 2012. Roll call was taken with all present.

 

Jensen moves, Derby seconds to re-elect Behrns as Council President. Motion carried by unanimous roll call vote. Jensen moves, Behrns seconds to approve the appointment of Roger Johnson as the City Attorney. Motion carried by unanimous roll call vote. Behrns moves, Derby seconds to approve the appointment of Dee Arias as City Clerk/Treasurer. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to approve the appointment of Cass County Sheriff for Law Enforcement pursuant to the terms of the existing contract. Motion carried by unanimous roll call vote. Behrns moves, Petrzilka seconds to approve the appointment of Jason McClun as Fire Chief. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to approve the appointment of JEO Consulting Group as City Engineer/Street Superintendent. Motion carried by unanimous roll call vote. Behrns moves, Derby seconds to approve the appointment of Dan Henry as Building Inspector. Motion carried by unanimous roll call vote. Behrns moves, Jensen seconds to approve the appointment of Dan Henry as Code Enforcement Officer. Motion carried by unanimous roll call vote. Derby moves, Petrzilka seconds to approve the appointment of Jack Faubion as Humane Officer. Motion carried by unanimous roll call vote.

 

Mayor Mueller turned the meeting over to Council President Behrns and excused himself from the meeting. Behrns opened the public hearing at 7:29 p.m. to consider an LB840 Economic Development funds request from Stander & Stander Ace Hardware in the amount of $50,000. Council President Behrns stated that the Application Review Committee met twice on this request and made a recommendation to the City Council that consists of a $25,000 no interest loan and a $25,000 performance grant offset by the increase in sales tax and property tax. Larry and Maureen Gulizia were present to answer any questions. Council President Behrns closed the hearing at 7:31 p.m. Terms of the loan were discussed, such as date of disbursement and security. Derby moves, Jensen seconds to direct the attorney to prepare the proper documents and authorize the execution of the loan papers as discussed with Stander & Stander Ace Hardware. Motion carried by unanimous roll call vote.

 

Mayor Mueller returned to the meeting. Derby moves, Behrns seconds to introduce by title only and suspend the three required statutory readings of Ordinance #817; wage and compensation of City employees and elected officials. Motion carried by unanimous roll call vote. Derby moves, Behrns seconds to adopt on third and final reading by title only Ordinance #817. Motion carried by unanimous roll call vote.

 

Behrns moves, Petrzilka seconds to approve Resolution 08-17; Acceptance of the Lower Platte South NRD Multi-Jurisdictional Hazard Mitigation Plan. Motion carried by unanimous roll call vote.

 

Elaine Conner had presented the clerk with a written request to vacate the alley behind her property at 411 Vine Street. This was the same alley discussed at the last meeting. It was stated that part of that alley is being used so only a portion of it could be vacated. It will have to be measured and a utility easement will have to be retained. It was also suggested that Elaine get the other affected property owners to sign letters with their approval. An ordinance will be prepared for the next meeting.

 

There was no report for fire/rescue. A written sheriff’s report circulated. The council met earlier with the Care Center Board so no report was made at this meeting.

 

Dan reported for water, wastewater and streets. The little well is back online and everything is working fine. Potential work on certain alleys was discussed; specifically, the alley between Cherry & Main and 3rd & 5th and the alley between Elm & Oak and 5th & 7th.  Costs will be accumulated and decisions made at future meetings.

 

Behrns moves, Jensen seconds to adjourn the meeting at 7:56 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