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CITY COUNCIL

 

December 12, 2012                                                                                                     Louisville, NE

A regular meeting of the City Council of the City of Louisville was held on Wednesday, December 12, 2012, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Roger Behrns, Jerry McClun and Clete Petrzilka. Randy Jensen was absent. Also present were City Supervisor Dan Henry, Utility Supervisor Jesse Arias, 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. McClun moves, Behrns seconds to approve the first three items of the consent agenda with the exception of the LCC claim to Precision Enterprises, Inc. Motion carried by unanimous roll call vote of those attending.

Anthony Warner was present with an update from the Louisville Ball Parents Association. He stated new officers have been elected, the preliminary sprinkler system has been installed, LHS is looking to add high school baseball and they are moving forward with adding a second field. The only work left on the sprinkler system is the water line to the field to be done by the city crew in the spring.

No action taken on the sidewalk improvements. Bids will be obtained for the colored concrete border and the panels that need to be replaced.

Behrns moves, Petrzilka seconds to approve the purchase of four two-way radios with microphones for the maintenance crew from ATS Beeper at a cost of $1,116.00 for the equipment and $104 coordination fee. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, Behrns seconds to introduce by title only and suspend the three required statutory readings of Ordinance #878; Townhouse definitions and permitted uses in R-1 zoning district. Motion carried by unanimous roll call vote of those attending. McClun moves, Petrzilka seconds to adopt Ordinance #878 by title only. Motion carried by unanimous roll call vote of those attending.

McClun moves, Behrns seconds to adjourn and reconvene as the newly elected city council at 7:20 p.m. Motion carried by unanimous roll call vote of those attending.

Mayor Mueller and Councilmember Behrns were sworn is as newly elected officials.

Petrzilka moves, McClun seconds to reelect Roger Behrns as the Council President. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, Behrns seconds to approve the consent agenda items regarding appointments and library board resignations as listed. Motion carried by unanimous roll call vote of those attending.

Council President Behrns reported for the Care Center. He gave a construction update that was verified by the LCC employees present.

McClun moves, Petrzilka seconds to approve pay application #2 to Precision Enterprises, Inc. in the amount of $31,776.00 for the LCC hallway remodel project. Motion carried by unanimous roll call vote of those attending.

Jake Vasa from JEO was present with a preliminary one and six year road plan. Some modifications were made and will be presented at the next meeting.

Pat Schliefert was present from the Louisville Senior Center with a request for aid from the City. The Mayor and council members will do some brainstorming to get ideas to build the attendance at the Center which will help them financially. No council action taken.

Dave Wedekind was present with a development plan for property south of town. His plans show a cluster of townhouses which he plans to be operated by a homeowners association for green space and snow removal services. Dave also has plans for light industrial and commercial zonings. His attorney is finalizing the redevelopment plan and it will be forwarded to the City Attorney for review. After annexation, Dave will continue with TIF financing options.

Dave has also requested annexation of the property discussed above. City Attorney Johnson gave the procedure and timeline including his suggestion to have the redevelopment plan coordinate with the final reading of the Ordinance for annexation. Step one is a resolution to be discussed later in the meeting.

Petrzilka moves, Behrns seconds to send CCNEDC $2,500 of the $5,000 requested for support from the LB840 fund. Motion carried by unanimous roll call vote of those attending.

Behrns moves, McClun seconds to approve the transfer of funds from the KENO fund to the general fund for payment of the sprinkler system at the Ash Grove ball field in the amount of $7,322.50. Motion carried by unanimous roll call vote of those attending.

Behrns moves, McClun seconds to approve the settlement and settlement agreement in the lawsuit entitled Estate of Billy Hand v Louisville Care Center, filed as case number CI12-95 in the District Court of Cass County, Nebraska. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, McClun seconds to designate the Mayor and one other member of the council to assist the code enforcement officer in evaluating properties for nuisances and in the absence of the Mayor, two council members may perform the duties. Motion carried by unanimous roll call vote of those attending.

A question arose recently on the issuance of building permits in subdivisions where there are covenants. City Attorney Johnson stated that the City has no jurisdiction over covenants so building permits are based solely on the City’s rules and regulations. If the homeowner’s association has a problem with something that is more restrictive in their covenants, it is their responsibility to take action.

Behrns moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #880; wages and benefits for city employees and elected officials. Motion carried by unanimous roll call vote of those attending. Petrzilka moves, McClun seconds to adopt by title only Ordinance #880. Motion carried by unanimous roll call vote of those attending.

McClun moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #881; longevity pay for LCC employees. Motion carried by unanimous roll call vote of those attending. Behrns moves, McClun seconds to adopt by title only Ordinance #881. Motion carried by unanimous roll call vote of those attending.

McClun moves, Behrns seconds to approve Resolution 12-06; annexation of real estate at request of property owners. Motion carried by unanimous roll call vote of those attending.

Dan and Jesse reported for water, wastewater and streets. A sewer main jetting schedule was presented with a map showing what lines were jetted in the past year and the cost compared to the lines jetted so far with the new machine and the costs. The crew continues to work on curb stops. A revised profit and loss report was presented to the council for their input. They all agreed it was easier to read and will be elaborated on for the next meeting.

A written sheriff’s report was circulated. Council members Petrzilka and McClun suggested the sheriff be contacted and ask for more patrol in the residential areas late at night.

Behrns moves, Petrzilka seconds to adjourn the meeting at 9:10 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