October 10, 2012 Louisville, NE
A regular meeting of the City Council of the City of Louisville was held on Wednesday, October 10, 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 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, Petrzilka seconds to approve the consent agenda. Motion carried by unanimous roll call vote.
Mayor Mueller opens the public hearing at 7:01 p.m. to consider revision of the definition of townhouses and allowing townhouses as permitted uses in R-1 zoning district as discussed in Section 5.07 of the City of Louisville zoning regulations. Council Member McClun and Jensen expressed concerns of having townhouses next to existing single family dwellings and jumping in before the comprehensive plan is finished. Ronda Anderson, planning commission chairperson, answered those concerns. She stated the planning commission had done extensive research and found most townhouses blend into residential neighborhoods. The definition recommended is very specific and includes individual lots, individually owned. She also made it clear that this definition excludes condominiums and duplexes and builders were consulted for details on setbacks, lot coverage, etc. She assured the council that the research and specific definition will not detract from the property values or the vision the planning commission and council has for the growth of the city. Bob Copple stated that more and more people are looking for this type of living and he’d hate to see the city lose those residents to other communities. Everyone agreed there is a definite need for townhouses. There was a discussion on possibly needing another residential zoning district such as R-1A. More investigation will be done on that concept during the comp plan update. The council members suggested restrictions to the definition regarding minimum lot coverage and requirements for two-car garages. The planning commission will work on a new recommendation to be presented at the next city council meeting. Mayor Mueller closed the public hearing at 7:37 p.m.
Kari Wockenfuss reported for the Louisville Care Center. She stated that staff in-service training will be done through the internet. The hallway remodel project will begin in a couple of weeks. LCC was chosen to participate in collaborative group; CIMRO of Nebraska who are under contract with CMS (Centers for Medicare & Medicaid).
Jensen moves, Petrzilka seconds to approve the bids for the sale of surplus equipment to Max Cooley as follows: Exmark mower for $1,401.00 and the Michelin tires for $222.22. Motion carried by unanimous roll call vote.
Petrzilka moves, Jensen seconds to approve the no parking request from Liz Cochran in front of the Art Gallery (HSB parking lot entrance south to 3rd Street) on November 3 & 4, 2012 from 8:00 a.m. to 5:00 p.m. weather permitting. Motion carried by unanimous roll call vote.
Petrzilka moves, McClun seconds to approve Maintenance Agreement No. 55 renewal with State of Nebraska Dept. of Roads for period 1/1/13 to 12/31/13. Motion carried by unanimous roll call vote.
Behrns moves, Petrzilka seconds to approve the designation of Plattsmouth Journal as the legal newspaper of the City. Motion carried by unanimous roll call vote. The Mayor and clerk are going to pursue gathering information on using the website for publications in the future.
Mayor Mueller declared his conflict with the designation of Home State Bank as the city’s depository institution by stating he is an officer and shareholder. He dismissed himself from the meeting and Council President Behrns presided. McClun moves, Jensen seconds to approve the designation of Home State Bank as the city’s depository institution. Motion carried by unanimous roll call vote. Mayor Mueller returned to the meeting.
Jake Vasa from JEO was present and stated that all utility adjustments have been completed for the asphalt overlay project and recommended final payment. Jensen moves, McClun seconds to approve pay application #5 & final to US Ashpalt/OMG Midwest in the amount of $6,000.00. Motion carried by unanimous roll call vote.
Behrns moves, Petrzilka seconds to approve recommendation of acceptance for the asphalt overlay project. Motion carried by unanimous roll call vote. The one year warranty starts as of this date.
Ordinance #878 was laid over until the November meeting when some adjustments can be made as discussed in the public hearing.
Mayor Mueller declared his conflict with Ordinance #879 by stating he is an officer and shareholder of Home State Bank. He excused himself from the meeting and Council President Behrns presided. Petrzilka moves, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #879; authorizing the issuance of a sanitary sewer system revenue bond anticipation note in the amount of $50,000. Motion carried by unanimous roll call vote. Jensen moves, Petrzilka seconds to adopt by title only on third and final reading Ordinance #879. Motion carried by unanimous roll call vote. Mayor Mueller returned to the meeting.
There was no report for water, sewer and streets.
A written sheriff’s report was circulated. Jason McClun reported for fire and rescue. He wants to recommend the council consider no parking on one side of the street throughout town for safety reasons because when there are cars parked on both sides, the rescue squads and fire trucks can’t get through in most cases. Jason and Dan will drive around town and have a specific recommendation at a later date.
Behrns moves, Jensen seconds to enter executive session at 8:21 p.m. for the protection of the reputation of Dan Henry. Motion carried by unanimous roll call vote. Mayor Mueller restated the purpose of the executive session. Petrzilka moves, Jensen seconds to exit executive session at 8:38 p.m. Motion carried by unanimous roll call vote.
McClun moves, Jensen seconds to adjourn the meeting at 8:38 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