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CITY COUNCIL

 

March 13, 2013                                                                                                           Louisville, NE

A regular meeting of the City Council of the City of Louisville was held on Wednesday, March 13, 2013, at 7:00 p.m. at the City Hall.  Present were Council Members Roger Behrns, Jerry McClun and Clete Petrzilka. Mayor Mueller and Randy Jensen were absent. Also present were City Supervisor Dan Henry, City Attorney Roger Johnson and several guests. Council President Behrns 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. 

Council President Behrns called the meeting to order and asked the Council to review the consent agenda. Petrzilka moves, McClun seconds to approve the consent agenda with the exception of the LCC claim to Precision Enterprises, Inc. Motion carried by unanimous roll call vote of those attending.

Council President Behrns opened the public hearing at 7:02 p.m. for the consideration to approve the preliminary plat for Prairie Ridge Subdivision; property legally described as:  part of the SW ¼ of the SE ¼ of Section 22, T12N, R11E of the 6th p.m., Louisville, Cass County, Nebraska. Don Maxon, property owner east of proposed development spoke at length on drainage concerns. Don suggested a three dimensional site plan to better demonstrate the potential drainage. He also questioned why the existing storm sewers are not planned to be utilized. Don will not allow an increase flow onto his property. He stated concerns about maintenance of grass on slopes. Dave Wedekind, the developer, stated he is very familiar with slope issues and will be able to take care of vegetation. Dave also stated that plans are to use landscaping, particularly trees and bushes, to divide the properties. Don Maxon then questioned the placement of an industrial tract in the area. Dave showed renderings of light industrial buildings proposed to be used in the southern area. Dave had pictures of areas in western Omaha where light industrial is adjacent to residential with no problems. Council President Behrns closed the public hearing at 7:22 p.m.

Council President Behrns opened the public hearing at 7:23 p.m. to consider designation of Substandard and Blighted for property east of town known as study area #3. Jeff Ray explained the study to the council and audience stating that if certain criteria is met, blight and substandard designation is an effective economic development tool. Everyone agrees that the designation uses detrimental terminology, but understands the benefits. Jeff summarized the blighted and substandard conditions that were met and concludes there are sufficient criteria to make the designation. Jeff briefly explained tax increment financing (TIF) and stated that a separate economic development study will be necessary before the plan is approved. Council President Behrns closed the public hearing at 7:33 p.m.

Council President Behrns opened the public hearing at 7:33 for the consideration to change the zoning classification from RS District to R-1 District, on property legally described as:  Part of Tax Lot 6 in the NE¼ of the NW¼ of Sec 23, T12N, R11E, Louisville, Cass County, Nebraska (Sudbeck). The location was clarified. Tiffani Kerlik opposes any development and extra traffic in the area. Council President Behrns closed the public hearing at 7:35 p.m.

Council President Behrns opened the public hearing at 7:35 p.m. for the consideration to change the zoning classification from TA District to I-1 District, on property legally described as:  part of the SW ¼ of the SE ¼ of Section 22, T12N, R11E of the 6th p.m., Louisville, Cass County, Nebraska (Prairie Ridge - south). Don Maxon objects to the industrial park stating it is an improper site. Council President Behrns closed the public hearing at 7:37 p.m.

Council President Behrns opened the public hearing at 7:37 p.m. for the consideration to change the zoning classification from TA District to R1 District, on property legally described as:  part of the SW ¼ of the SE ¼ of Section 22, T12N, R11E of the 6th p.m., Louisville, Cass County, Nebraska (Prairie Ridge - north). Dave Wedekind stated that this development has been in the works for over a year and there has been much public support. Council President Behrns closed the public hearing at 7:40 p.m.

Council President Behrns opened the public hearing at 7:40 p.m. for the consideration to change the zoning classification from RS District to TA District, on property legally described as:  Lot 4 and east 150’ of Lot 3, Wedekind Subdivision, Cass County, Nebraska. The location was clarified and no public comment was made. Council President Behrns closed the public hearing at 7:41 p.m.

Council President Behrns opened the public hearing at 7:41 p.m. for the consideration to change the zoning classification from TA District to RS District, on property legally described as:  Tax lot 69, 22-12-11 SW1/4, (Timber Ridge) Cass County, Nebraska. The location was clarified and no public comment was made. Council President Behrns closed the public hearing at 7:42 p.m.

Council President Behrns reported for the Care Center with a construction update. There seems to be a flaw in the carpet that will have to be fixed. Darlene Petrzilka added that a compliance plan is in the process of being finished and that a state survey is currently being conducted.

McClun moves, Petrzilka seconds to acknowledge the change orders for the Care Center hallway/resident room remodel project for an increase of $11,922.00. Motion carried by unanimous roll call vote of those attending.

McClun moves, Petrzilka seconds to approve pay application #5 to Precision Industries in the amount of $14,266.00 for the Care Center hallway/resident room remodel project. Motion carried by unanimous roll call vote of those attending.

McClun moves, Petrzilka seconds to approve the purchase of a TOT swing for the city park using KENO funds. Motion carried by unanimous roll call vote of those attending.

McClun moves, Petrzilka seconds to terminate the contract with EMS Rescue Billing Service on 60 days notice. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, McClun seconds to approve the contract with Metro Billing Services, LLC subject to review by the city attorney. Motion carried by unanimous roll call vote of those attending.

McClun moves, Petrzilka seconds to transfer $1,100 from Economic Development fund for reimbursement of water and sewer tap fees as per stimulus plan for Olander home. Motion carried by unanimous roll call vote of those attending.

The Jagwire lease agreement for space on the water tower was briefly discussed. No council action taken.

Ordinance #883; annexation of Prairie Ridge was laid over until the redevelopment plan is received and complete.

Petrzilka moves, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #884; Fee Schedule. Motion carried by unanimous roll call vote of those attending. McClun moves, Petrzilka seconds to adopt Ordinance #884 by title only on third and final reading. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #885; Rezone Part of Tax Lot 6 in the NE¼ of the NW¼ of Sec 23, T12N, R11E, Louisville, Cass County, Nebraska from RS to R-1. Motion carried by unanimous roll call vote of those attending. McClun moves, Petrzilka seconds to adopt Ordinance #885 by title only on third and final reading. 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 #886; Rezone part of the SW ¼ of the SE ¼ of Section 22, T12N, R11,E of the 6th p.m., Louisville, Cass County, Nebraska (Prairie Ridge - south) from TA to I-1. Motion carried by unanimous roll call vote of those attending. Petrzilka moves, McClun seconds to adopt Ordinance #886 by title only on third and final reading. 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 #887; Rezone part of the SW ¼ of the SE ¼ of Section 22, T12N, R11,E of the 6th p.m., Louisville, Cass County, Nebraska (Prairie Ridge - north) from TA to R-1. Motion carried by unanimous roll call vote of those attending. Petrzilka moves, McClun seconds to adopt Ordinance #887 by title only on third and final reading. 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 #888; Rezone Lot 4 and east 150’ of Lot 3, Wedekind Subdivision, Cass County, Nebraska from RS to TA. Motion carried by unanimous roll call vote of those attending. Petrzilka moves, McClun seconds to adopt Ordinance #888 by title only on third and final reading. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #889; Rezone Tax lot 69, 22-12-11 SW1/4, (Timber Ridge) Cass County, Nebraska from TA to RS. Motion carried by unanimous roll call vote of those attending. McClun moves, Petrzilka seconds to adopt Ordinance #889 by title only on third and final reading. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, McClun seconds to approve Resolution 2013-03; blight and substandard designation for property east of town known as study area #3. Motion carried by unanimous roll call vote of those attending.

A written sheriff’s report was circulated. Mike Hoover reported for the rescue and fire departments. New phones have been ordered for the rescue squads and a TV screen will be purchased for training purposes. Mike reported that the fish fries were very successful.

Dan reported for the water, sewer and streets. A high service pump has been repaired by the city crew. Work continues on nuisance properties. Rural Water is in process of hooking up to the city’s water system. There was a discussion on possible replacement of a variable speed pump at the sewer plant. Dan is pleased with the way the asphalt overlay is holding up and sees no signs of potholes.

Petrzilka moves, McClun seconds to adjourn the meeting at 8:30 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