CITY COUNCIL
August 14, 2013 Louisville, NE
A regular meeting of the City Council of the City of Louisville was held on Wednesday, August 14, 2013, at 7:00 p.m. at the City Hall. Present were Mayor Alan Mueller, Council Members Roger Behrns, Randy Jensen, Jerry McClun 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. Behrns moves, Jensen seconds to approve the consent agenda with the exception of the LCC claim to Precision Enterprises, Inc. and the city claim to Jerry McClun for EMS conference expenses reimbursement. Motion carried by unanimous roll call vote. Behrns moves, Jensen seconds to approve the claim to Jerry McClun. Roll call vote: ayes – Petrzilka, Behrns, Jensen; abstain – McClun. Motion carried.
In regard to the public hearing on the “East Ridge Properties Redevelopment Area 2013,” the Mayor declared a conflict of interest and recused himself from the proceedings. Council President Behrns opened the public hearing at 7:02 p.m. No public comment was made. Council President Behrns closed the public hearing at 7:03 p.m. Mayor Mueller returned to the meeting.
Mayor Mueller opened the public hearing for the consideration of a Class C Liquor License request for Sekalb, Inc. dba Blake’s Lot 177 at 7:03 p.m. No public comment was made. Mayor Mueller closed the public hearing at 7:04 p.m.
Mayor Mueller reported for the Care Center; items discussed at their advisory board meeting included budget highlights. Council President Behrns gave an update of the construction.
Mayor Mueller declared a conflict with the next agenda items and left the building. Council President Behrns presided over the meeting. After a lengthy discussion with the property owner, Jensen moves, Petrzilka seconds to authorize the City Attorney to initiate legal proceedings for the purpose of seeking demolition of the structure located on the property at 308 E 2nd St. Motion carried by unanimous roll call vote.
The nuisance property at 210 E 2nd Street has already been cleaned up. No council action taken.
McClun moves, Jensen seconds to authorize the City Attorney to initiate legal proceedings for the purpose of seeking demolition of the structures located on the property at 218 Oak Street (east of 3rd & Oak). Motion carried by unanimous roll call vote.
Jensen moves, McClun seconds to authorize the City Attorney to initiate legal proceedings for the purpose of seeking demolition of the structure located on the property at 704 Oak Street. Motion carried by unanimous roll call vote.
McClun moves, Jensen seconds to authorize the City Attorney to initiate legal proceedings for the purpose of seeking demolition of the structure located on the property at 705 Oak Street. Motion carried by unanimous roll call vote.
Mayor Mueller returned and presided over the meeting.
Jensen moves, McClun seconds to authorize the solicitation of bids for the cleanup of the nuisance conditions at 117 Cherry Street. Motion carried by unanimous roll call vote.
Frank Mascarello was in attendance to discuss the nuisance property at 82 Walnut Street. The council agreed to give him time for the cleanup process. He will attend the September city council meeting to discuss the progress.
The change orders for the Care Center project were acknowledged for an increase of $24,092.00.
Petrzilka moves, Jensen seconds to approve pay application #10 to Precision Industries in the amount of $19,552.00 for the Care Center hallway/resident room remodel project. Motion carried by unanimous roll call vote.
After a lengthy discussion, check cashing for miscellaneous and Care Center resident spending accounts was tabled until the September meeting.
Petrzilka moves, Behrns seconds to waive the bidding process for commercial and property insurance at LCC as their independent agent can solicit bids from several different companies. Motion carried by unanimous roll call vote.
Don Maxon was in attendance with concerns regarding the drainage from the Prairie Ridge development. Don believes the drainage is inadequate. Dave Wedekind has had extra storm sewer put in, raised the upper retention pond and added additional spillway above and beyond engineers requirements. Don doesn’t agree with the size of the pipe and wants a written guarantee that his property will not be damaged by 25, 50 and 100 year floods. No council action was taken.
Don Gray was present to discuss paving the United Methodist Church parking lot and drainage as a result of paving. Behrns moves, Petrzilka seconds to have the city maintenance crew install a storm drain at the expense to UMC on public right-of-way to the nearest storm sewer. Motion carried by unanimous roll call vote.
Nicole Caswell from The Ridges subdivision asked the council to consider a special use permit to allow her to have a horse. It was established that the zoning requirements would not allow a horse. Rezoning would not be possible because of spot zoning and the council has already set a precedent to deny these sorts of requests. Nicole was given the suggestion to talk to the adjacent farmer behind her property as a possible solution. No council action was taken.
Brad Johnson was in attendance to discuss the possibility of installing a “State Championship” sign to recognize the baseball and basketball teams that have earned that status. He has collected donation money and has already received permission from the property owner at the Welcome to Louisville sign area. Brad will bring back a final design to the September meeting.
McClun moves, Petrzilka seconds to approve the street closing request for a block party as follows: Vine Street between Koop Ave. and 7th Street on September 14, 2013 from 3:00 p.m. to midnight. Motion carried by unanimous roll call vote.
Behrns moves, Jensen seconds to approve the placement of Black Hills Energy pole for automated meter reading equipment at water tower location and request a one-time installation fee of $500.00. Motion carried by unanimous roll call vote.
Petrzilka moves, McClun seconds to approve the expenditure of LB840 funds, matching dollar for dollar with other investors, up to $5,000 for advertising, marketing and promoting of Louisville. Motion carried by unanimous roll call vote.
The city council acknowledged the price increase from Papillion Sanitation as per the agreement to $13.21 per household per month as a result of landfill rates increase effective September 1, 2013.
No council action was taken on fire department deductible options on insurance policy.
Behrns moves, Petrzilka seconds to adopt the city supervisor job description. Motion carried by unanimous roll call vote.
McClun moves, Petrzilka seconds to waive the requirement to advertise for bids and authorize the purchase of the following equipment based on the solicitation of bids: rubber-tired backhoe, front-end loader or excavator. Motion carried by unanimous roll call vote.
There was a brief budget discussion. The projected levy will remain constant to past years.
McClun moves, Behrns seconds to approve Resolution 13-12; Class C liquor license recommendation for Sekalb, Inc. dba Blake’s Lot 177. Motion carried by unanimous roll call vote.
Behrns moves, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #899; animals and fowls banned/allowed in city limits. Motion carried by unanimous roll call vote. Jensen moves, McClun seconds to adopt Ordinance #899 by title only on third and final reading. Motion carried by unanimous roll call vote.
Behrns moves, Petrzilka seconds to introduce by title only and suspend the three requires statutory readings of Ordinance #900; LCC wage construction compensation. Roll call vote: ayes – Petrzilka, Behrns, Jensen; nays – McClun. Motion carried. Behrns moves, Petrzilka seconds to adopt Ordinance #900 by title only on third and final reading. Motion carried by unanimous roll call vote. Roll call vote: ayes – Petrzilka, Behrns, Jensen; nays – McClun. Motion carried.
Petrzilka moves, Jensen seconds to approve Resolution 13-13; surplus equipment – 2008 New Holland backhoe with attachments. Motion carried by unanimous roll call vote.
Mayor Mueller declared a conflict with the following item and left the meeting. Council President Behrns presided over the meeting. Petrzilka moves, Jensen seconds to approve Resolution 13-14; redevelopment plan approval for plan entitled “East Ridge Properties Redevelopment Area 2013.” Motion carried by unanimous roll call vote. Mayor Mueller returned to preside over the meeting.
Dan reported for streets, water and wastewater.
A written sheriff’s report was circulated. There were no reports for fire or rescue.
Petrzilka moves, McClun seconds to adjourn the meeting at 9:38 p.m. Motion carried by unanimous roll call vote of those attending.
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