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CITY COUNCIL

January 9, 2013                                                                                                           Louisville, NE

A regular meeting of the City Council of the City of Louisville was held on Wednesday, January 9, 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, 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. Petrzilka moves, Jensen 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 declared a conflict with the annexation hearing and left the building. Council President Behrns presided over the meeting and opened the public hearing at 7:01 p.m. to consider annexation of property south of Louisville, legally described as: that part of the Southeast ¼ of the Southwest ¼ lying East of State Highway 50 and the Southwest ¼ of the Southeast ¼ except Tax Lot 59 and except Sandhill Rd, all in section 22 Township 12, North, Range 11 East of the 6th P.M. Cass County, NE, at the request of the property owner. No public comment was made in opposition or support. The owner, Dave Wedekind showed updated plans for the property. The utilities to the property were discussed. Council President Behrns closed the public hearing at 7:06 p.m. Mayor Mueller returned to the meeting.

Council President Behrns reported for the Care Center and gave an update on the remodel project. Some items discussed were flooring, doors, black adhesive under vinyl and door protectors.

The change orders to the LCC hallway/resident room remodel project are for information only. No council action necessary as established in the September 12, 2012 city council minutes.

Behrns moves, Petrzilka seconds to approve pay application #3 to Precision Enterprises, Inc. in the amount of $168,027.00 for the Care Center hallway/resident room remodel project. Motion carried by unanimous roll call vote.

Brieanne Zaracki and Jesse Abbott were present to request permission for an exception to the city code regarding chickens. A written proposal was presented. The neighbors will be contacted for their input and the upcoming newsletter will state that the matter will be discussed further at the next meeting and all are welcome to attend. The subject was laid over until the next meeting.

Sharon Pasco was present with complaints about the snow removal on Koop Ave. That is a state highway and the responsibility to plow the parking lanes is in question. The contract with the state is contradictory. The City will take care of snow removal in the parking lane and a letter will be written to the state senator for clarification. Property owners are reminded that they are responsible for the snow removal on the sidewalks on their property. This will be reiterated in an upcoming newsletter.

Behrns moves, Jensen seconds to approve the Certificate of Compliance with NDOR for the maintenance agreement. Motion carried by unanimous roll call vote.

Behrns moves, Petrzilka seconds to rescind the prior motion regarding a nuisance committee and provide that any two council members can accompany the code enforcement officer to confirm nuisance situations. Motion carried by unanimous roll call vote.

The One & Six Year Road Plan was reviewed. A hearing will be held at the February meeting.

It was agreed to proceed with $500,000 interfund transfer repayment to the LCC and further discuss an operational transfer to make bond payments. Mayor Mueller will contact bond counsel.

Behrns moves, Jensen seconds to introduce by title only and suspend the three required statutory readings of Ordinance #882; LCC wages. Motion carried by unanimous roll call vote. Petrzilka moves, McClun seconds to adopt Ordinance #882 by title only. Motion carried by unanimous roll call vote.

Jensen moves, Mcclun seconds to approve Resolution 2013-01; mileage reimbursement. Motion carried by unanimous roll call vote.

Mayor Mueller declared his conflict with Ordinance #883 and left the building. Council President Behrns presided over the meeting. McClun moves, Petrzilka seconds to introduce by title only and adopt on first reading Ordinance #883; annexation of property legally described as: that part of the Southeast ¼ of the Southwest ¼ lying East of State Highway 50 and the Southwest ¼ of the Southeast ¼ except Tax Lot 59 and except Sandhill Rd, all in section 22 Township 12, North, Range 11 East of the 6th P.M. Cass County, NE. Motion carried by unanimous roll call vote. Mayor Mueller returned to the meeting.

 Dan and Jesse reported for streets, water and sewer. They showed the progress of the record management on the computer files. The files will be presented to Health & Human Services, Dept. of Environmental Quality and the auditors for their review and approval. A revised residential building permit application was presented. Future applications will be written for specific zoning districts and uses for ease of understanding amongst the residents. The old dump truck was briefly discussed and will be dismantled and the excess sold as surplus.

A written sheriff’s report was circulated. Jason McClun was unable to attend but will be present at the next council meeting with an annual fire/rescue report.

Jensen moves, Petrzilka seconds to adjourn the meeting at 8:35 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