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CITY COUNCIL

 

September 12, 2012                                                                                                    Louisville, NE

A regular meeting of the City Council of the City of Louisville was held on Wednesday, September 12, 2012, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Roger Behrns, Jerry McClun, Clete Petrzilka and Randy Jensen. Also present were City Attorney Roger Johnson, City Supervisor Dan Henry 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, McClun seconds to approve the consent agenda with the exception of the OMG Midwest, Inc. & US Asphalt claim. Motion carried by unanimous roll call vote.

Mayor Mueller opened the public budget hearing at 7:01 p.m. He stated the tax request for the upcoming fiscal year is $390,354.00. No public comment was made. Mayor Mueller closed the public hearing at 7:02 p.m.

McClun moves, Jensen seconds to introduce by title only and suspend the three required statutory readings of Ordinance #875; appropriations for fiscal year 10/01/12 – 09/30/13. Motion carried by unanimous roll call vote. Petrzilka moves, Behrns seconds to adopt by title only Ordinance #875. Motion carried by unanimous roll call vote.

Mayor Muller opened the public levy hearing at 7:03 p.m. The levy to be set is 0.707079. No public comment was made. Mayor Mueller closed the public hearing at 7:04 p.m.

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

Petrzilka moves, Jensen seconds to approve Resolution 12-04 to set the property tax request at $390,354.00 for the fiscal year beginning October 1, 2012.  Motion carried by unanimous roll call vote.

Kari Wockenfuss reported for the Care Center. The hallway remodel project is scheduled to begin the end of October. Kari stated that she has been appointed to the Nebraska Health Care Associations Board of Directors. The council congratulated Kari for this accomplishment.

Justin Reckling was present with concerns of property located at 308 E 2nd St. The house has been unoccupied for several years and is falling into disrepair. He stated safety issues, sidewalk unusable, volunteer trees by power poles and possible dangerous building. Justin presented photographs. City Attorney Johnson recommends a notice of nuisance to start the process.

Petrzilka moves, Jensen seconds to approve the street closing request presented by Chuck and Barb Meyer: Vine Street between Koop Ave. and 7th Street on September 15, 2012 from 2:00 p.m. to 8:00 p.m. Motion carried by unanimous roll call vote.

A petition had been presented to the city regarding the street corner improvements. No citizens were in attendance. Dan suggested painting center lines in the intersections to show residents how much more room is actually available to make the turns.

Randy Yates from the Omaha Volkswagen Car Club was present to thank the council for the use of Main Street in June and to present a plaque of appreciation. He also stated that the car show allowed them to raise $2,000 for their charities. Randy would also like to request the use of Main Street on Saturday, June 15, 2013. B.U.I.L.D. was asked at their regular meeting yesterday about the business owner’s opinion of a second car show each year. B.U.I.L.D. had favorable remarks and supported the car show again next year. Randy stated they might need more room and will present the final request for street closings at a later time.

McClun moves, Petrzilka seconds to approve change order #5 for a decrease of $29,864.81 for the asphalt overlay project. Motion carried by unanimous roll call vote.

Petrzilka moves, Jensen seconds to approve pay application #4 to OMG Midwest, Inc. and US Asphalt in the amount of $100,345.89 for the asphalt overlay project. Motion carried by unanimous roll call vote.

Bob Derby was present to request city participation in a sprinkler system for the Ash Grove ball field. He presented estimates and asked the city to pay 50% and he was going to ask the school for 25% and the ball association the remaining 25%. Dan suggested that the KENO funds would be available for this community betterment project. Jensen moves, Petrzilka seconds to approve the expenditure of 50% of the project not to exceed $12,000 for the Ash Grove ball field sprinkler project. Motion carried by unanimous roll call vote.

McClun moves, Jensen seconds to approve the Mayor or City Council President as designated representative to authorize field changes up the $25,000 for the LCC Hallway remodel project and the Mayor AND the City Council President to authorize field changes up to $50,000. Motion carried by unanimous roll call vote. The said changes are to be reported back to the city council at the next meeting.

Behrns moves, Petrzilka seconds to approve the transfer of $3,524.50 from the economic development fund to the general fund for attorney fees. Motion carried by unanimous roll call vote.

McClun moves, Petrzilka seconds to transfer $18,777.08 from the library trust fund to the library checking account for capital building improvements and equipment. Motion carried by unanimous roll call vote.

Behrns moves, Jensen seconds to approve the right-of-way permit with Unite Private Networks, LLC for fiber optics line throughout the city as amended and subject to legal review. Motion carried by unanimous roll call vote.

The purchase of a new mower was discussed. The old one will either be traded or sold as surplus. A resolution will be presented at the October meeting for surplus merchandise.

There was a discussion regarding the purchase of a sewer main jetting machine. Dan will do more research.

There was a lengthy discussion regarding the need for townhomes and/or condos in Louisville and allowing them in R-1 zoning district as a permitted use. Audience members stated the need and developers showed interest. A public hearing will be held at the next planning commission meeting for recommendation to the city council in October. No council action at this time.

A second meeting this month has been called on September 26, 2012 to discuss TIF financing with Mike Bacon, an attorney and expert in the field representing redevelopers.

Behrns moves, Petrzilka seconds to approve the street closing for homecoming parade on September 28, 2012 from the school, on 3rd Street, Main Street, 1st Street and Cherry back to the school parking lot from 2:45 to 3:15. Motion carried by unanimous roll call vote.

The strip of red, stamped concrete on Main Street was discussed. The upkeep is the property owner’s responsibility but there are CRA funds available to help with the project. B.U.I.L.D. members were approached yesterday with their thoughts. Some property owners need some of the sidewalk panels replaced as well. Some also need new water service lines. An inventory will be done with the property owners to identify the scope of the project.

Parking issues in the grassy area of the 700 block of East 2nd was discussed. A homeowner had been sent a letter and was later discovered that they are not the only ones parking there. Neighbors had complained about the noise and loitering. Brenna and Robert Williams were in attendance with concerns about the letter they received. No council action was taken and the situation will be monitored.

Mayor Mueller reported that he and Council President Behrns had an hour long meeting via phone with the LCC cost accountant To avoid any reimbursement consequences it was recommended that an operational transfer based off an audited statement on an annual basis would be the best way to handle a transfer of funds for administrative purposes from the City’s LCC accounts to the city’s general account. The auditor has been contacted and is available to start November 12, 2012 to perform the annual audit. Jensen moves, McClun seconds to approve the payment of an operational transfer from City’s LCC accounts to the city’s general account based on findings in the audit statement. Motion carried by unanimous roll call vote.

McClun moves, Jensen seconds to enforce the mandatory sewer hookup and tap fee for the property at 722 Main Street and revoke the offer to waive the hookup fee. Motion carried by unanimous roll call vote.

Dan reported for streets, water and wastewater. The water tower and clear well have been vacuumed and cleaned this past week. The streets are in the process of being sealed. Some manholes adjustments still need to be made on the asphalt project.

A written sheriff’s report was circulated. Jason McClun reported for fire and rescue. He requested the formation of a safety committee and volunteered to chair and organize said committee. Jason just wants a formal, written procedure manual for emergencies.

McClun moves, Behrns seconds to introduce by title only and suspend the three required statutory readings of Ordinance #876; wages and benefits for city employees and public officials. Motion carried by unanimous roll call vote. Petrzilka moves, Jensen seconds to adopt by title only Ordinance #876. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to introduce by title only and suspend the three required statutory readings of Ordinance #877; wages and benefits for LCC employees. Motion carried by unanimous roll call vote. Behrns moves, Petrzilka seconds to adopt by title only Ordinance #877. Motion carried by unanimous roll call vote.

Behrns moves, Petrzilka seconds to adjourn the meeting at 9:15 p.m. Motion carried by unanimous roll call vote.

I, the undersigned deputy 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