February 13, 2013 Louisville, NE
A regular meeting of the City Council of the City of Louisville was held on Wednesday, February 13, 2013, at 7:00 p.m. at the City Hall. Present were Mayor Alan Mueller, Council Members Roger Behrns, Jerry McClun, Randy Jensen and Clete Petrzilka. Also present were City Supervisor Dan Henry, City Attorney Roger Johnson and several guests. 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. Jensen moves, Petrzilka seconds to approve the consent agenda with the exception of the LCC claim to Precision Enterprises, Inc. Motion carried by unanimous roll call vote.
Mayor Mueller opened the public hearing to discuss the One & Six Year Road Plan at 7:01 p.m. A brief explanation was given. No public comment was made. Mayor Mueller closed the public hearing at 7:03 p.m.
Kari Wockenfuss reported for the Louisville Care Center. Southeast Community College will be using LCC as a clinical site evenings and Saturdays. The remodel project construction was discussed.
The next discussion concerned chickens. The city ordinance states that no fowl are allowed unless permission is granted from the city council. Jesse Abbott and Brieanne Zaracki asked specific permission at 514 Vine Street. Several supporters were in attendance stating reasons to allow them, those reasons included: fun for kids, teaches responsibility, better than dogs, not loud, fresh eggs and learning experience. Some opposition was obtained in writing before the meeting from citizens. Some reasons for opposition included: opening up to everyone if you allow one, opening up to ducks, geese and turkeys and possible smell in the summer months. Behrns moves, Petrzilka seconds to grant permission to Jesse Abbott and Brieanne Zaracki at 514 Vine Street for five chickens, no roosters, and must retain good sanitation. Roll call vote: ayes – Petrzilka, Behrns, Jensen; nay – McClun. Motion carried. Behrns moves, Petrzilka seconds to amend the previous motion to include annual renewal by May 1st. Roll call vote: ayes – Petrzilka, Behrns, Jensen; nay – McClun. Motion carried.
The city council acknowledged February change orders for the Louisville Care Center hallway/resident room remodel project for an increase of $12,478.00. Some of the changes were for ADA requirements.
McClun moves, Jensen seconds to approve pay application #4 to Precision Industries in the amount of $207,875.00 for the Care Center hallway/resident room remodel project. Motion carried by unanimous roll call vote.
Proposed rescue department billing increases as suggested by Rescue Captain Mike Hoover were agreeable to the council and the changes will be made to the fee ordinance to be presented at next month’s meeting.
Mayor Mueller declares a conflict with the next agenda items and left the meeting. Council President Roger Behrns presided over the meeting. Melvin Sudbeck presented a proposal for development south of the duplexes in Eastwood and south of 3rd Street Circle. The development includes thirty lots intended for single family homes and an outlot intended for green space. Melvin wants to use TIF financing on this project. The planning commission saw the plans and looked favorably on the proposal. Melvin is the developer as well as the builder so the lots will be sold as a package. He is a custom builder, so all houses would not be the same and would be in the $150,000 to $200,000 range. Some issues discussed in the area were drainage, road connectivity, erosion and sanitary sewers. Councilmember McClun stated he is in favor of the development but not in favor of it being a TIF project. Melvin stated TIF is what makes the project work financially.
Jeff Ray from JEO was present with an agreement for a blight and substandard determination and general redevelopment plan of study area #3 including the area just discussed and extended to other areas including, but not limited to, Ash Grove ball field. Petrzilka moves, Jensen seconds to approve the agreement with JEO in the amount of $5750 under the condition that the developer reimburses the City 50% of the cost and if TIF comes to fruition, the entire amount will be reimbursed by the developer. Roll call vote: ayes – Petrzilka, Behrns, Jensen; nay – McClun. Motion carried.
Jeff Ray presented the blighted and substandard study and general redevelopment plan that was done in good faith with the developer as discussed above. Jensen moves, Petrzilka seconds to refer the study to the planning commission for recommendation. Roll call vote: ayes – Petrzilka, Behrns, Jensen; nay – McClun. Motion carried.
Mayor Mueller reentered the meeting at 8:10 p.m. and presided over the meeting.
Behrns moves, McClun seconds to renew the contract with Advanced Gaming (KENO) for an additional five years. Motion carried by unanimous roll call vote.
McClun moves, Jensen seconds to approve the City Attorney’s request for half of all expenses to attend the League of Municipalities and the planning and zoning meetings. Motion carried by unanimous roll call vote.
The city council acknowledged the deposit of an atrazine settlement check in the water fund in the amount of $7,901.67.
Dan Henry will do more research on the procedure to make exemptions to the 2009 international building codes before any council action is taken.
Actions and procedures on nuisance properties were briefly discussed.
Mayor Mueller declared a conflict with the next item on the agenda and left the building. Council President Behrns presided over the meeting.
McClun moves, Petrzilka seconds to adopt, by title only, Ordinance #883; annexation of property south of Prairie Hill. Motion carried by unanimous roll call vote.
Mayor Mueller returned to preside over the remainder of the meeting.
McClun moves, Behrns seconds to approve Resolution 2013-02; One & Six Year Road Plan. Motion carried by unanimous roll call vote.
A written sheriff’s report was circulated. Dan reported for water, sewer and streets. Mike Hoover reported for fire and rescue. The department has been doing some research about a new rescue billing service that will save money. The council recommended proceeding with the steps necessary to make the transition.
Behrns moves, McClun seconds to adjourn the meeting at 8:50 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