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CITY COUNCIL

 

April 10, 2013                                                                                                             Louisville, NE

A regular meeting of the City Council of the City of Louisville was held on Wednesday, April 10, 2013, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Roger Behrns, Randy Jensen and Clete Petrzilka. Jerry McClun was absent. Also present were City Supervisor Dan Henry, 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. Jensen moves, Petrzilka 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.

Mayor Mueller declared a conflict with the public hearings and exited the meeting at 7:01 p.m. Council President Behrns opened the public hearing at 7:01 p.m. for the consideration to approve the preliminary plat for East Ridge Subdivision; property legally described as:  Lot 35 Eastwood First Addition except the north 290 feet thereof together with that part of Tax Lot 6 in the NE¼ of the NW¼ of Sec 23, T12N, R11E, Louisville, Cass County, Nebraska. No public comment was made. Council President Behrns closed the public hearing at 7:02 p.m.

Council President Behrns opened the public hearing at 7:02 p.m. for the consideration to add a Planned Unit Development (PUD) overlay district to the R-1 District, on property legally described as: Lot 35 Eastwood First Addition except the north 290 feet thereof together with that part of Tax Lot 6 in the NE¼ of the NW¼ of Sec 23, T12N, R11E, Louisville, Cass County, Nebraska. No public comment was made. Council President Behrns closed the public hearing at 7:03 p.m.

Council President Behrns opened the public hearing at 7:03 for the consideration to add a PUD overlay district to I-1 District on property legally described as:  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). Dan Henry explained that Jeff Ray, the city planner, had pointed out that the city’s comprehensive plan does not allow PUD overlay on I-1 zoning. Council President Behrns closed the public hearing at 7:04 p.m.

Council President Behrns opened the public hearing at 7:04 p.m. for the consideration to add a PUD overlay district to R1 District, on property legally described as:  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). Roy Hudson, Mike Knott and Mike Bevins all spoke on the concerns of traffic, specifically during the construction phase. Dave Wedekind is more than willing to have the constructors use the access road that has been dedicated. Council President Behrns closed the public hearing at 7:07 p.m.

Council President Behrns opened the public hearing at 7:08 p.m. for the consideration to change the zoning classification from TA District to I-1 District, on property legally described as:  a part of NE¼ of the SW¼ and the SE¼ of the NW¼ of Section 23, T12N, R11, E of the 6th p.m., Louisville, Cass County, Nebraska. Letters of opposition became part of the record. JoDee Lanno spoke in opposition stating possible criminal activity, traffic during construction and from the renters of the units and the possible forced opening of 7th Street. Rick Gruber also stated opposition including lighting issues, crime, traffic and possible outdoor storage. Bob Copple stated that he is working on subdivision requirements with JEO. The planning commission had tabled their recommendation. No decisions will be made until after the planning commission meeting on April 22, 2013. Council President Behrns closed the public hearing at 7:12 p.m.

Council President Behrns opened the public hearing at 7:13 p.m. to consider the revision of zoning ordinance sections 4.11.04 and 5.07.05 regarding corner lot side yard setbacks. Dan explained this request and compared to surrounding cities. This change will affect all lots, existing and proposed by eliminating double front yard setbacks on corner lots and making the non-address street side yard setback 15’. Council President Behrns closed the public hearing at 7:16 p.m.

The hearing for the consideration to approve a Redevelopment Plan for Prairie Ridge which has been prepared for the 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 has been canceled.

Council President Behrns reported for the Care Center with a construction update. He reported that they are on the fourth phase of the remodel project and things are moving along nicely. New carpet has been ordered and will take 4-6 weeks for delivery and they are considering a new ceiling in the activities area.

The approval of the preliminary plat for Prairie Ridge was discussed. Don Maxon asked to see the revised drainage plan and was satisfied with the changes. Dan explained the drainage to the Prairie Hill property owners in attendance. Petrzilka moves, Jensen seconds to approve the preliminary plat for Prairie Ridge. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, Jensen seconds to approve the preliminary plat for East Ridge. Motion carried by unanimous roll call vote of those attending.

Mayor Mueller returned to the meeting at 7:25 p.m. and presided over the meeting. The Jagwire lease agreement was briefly discussed. They have requested a 900 megahertz band addition and the water plant/tower controls experts will have to approve. This matter was tabled for further study.

Nuisance property at 210 E 2nd Street was discussed. Dick Berner agreed to have demolition and removal done by May 8, 2013.

Nuisance property at 308 E 2nd Street was discussed. Dick Berner agreed to have demolition and removal done by May 8, 2013.

Nuisance property at 701 Oak Street was discussed. The property owner was given until April 8, 2013 to respond and has not done so. City Attorney Johnson said to post notice on the property and also send notice to owners and all lien holders.

Nuisance property at 704 Oak Street was discussed. The property owner was given until April 8, 2013 to respond and has not done so. City Attorney Johnson said to post notice on the property and also send notice to owners and all lien holders.

Nuisance property at 115 Main Street was discussed. The property owner is making progress as per Dan’s instructions.

Behrns moves, Jensen seconds to approve pay application #6 to Precision Industries in the amount of $34,701.00 for the Care Center hallway/resident room remodel project. Motion carried by unanimous roll call vote of those attending.

Angie Krejci, Library Board President, is trying to bring awareness of the library to the community and stated all of the new features available; e-books, audio books, movies, wifi, etc. The board is trying to build a relationship with the school and have requested that nonresident fees be waived for Louisville School students and staff. Mayor Mueller explained that city residents support the library through property taxes that equals to roughly $25 per person. Charging $25 per household for those outside the city limits is a bargain. This decision is up to the library board, but the fee is on the city fee schedule ordinance that would need to be modified. The board is still discussing nonresident fees but want to get the school involved in the library.

Bob Copple and Mr. Snow (President of the First Christian Church board) have requested the city replace the parking spots in front of Copple Chevrolet and the First Christian Church. It was understood that the property owners are responsible for the sidewalks and that Bob would be responsible for the driveways in front of his overhead doors. The church has had issues with water in the basement and part of the problem is from the parking stalls. Dan did some rough estimates of the cost of concrete. Behrns moves, Petrzilka seconds to approve the replacement of the parking stalls in front of Copple Chevrolet and the First Christian Church under the following conditions: city does all labor, Bob pays for concrete in front of overhead doors (areas 1 and 3 on diagram) and city pays for rest of concrete. Motion carried by unanimous roll call vote of those attending.

The sidewalk on the south side of 3rd Street from the bridge east to Walnut Street was discussed at Bob Copple’s request. Everyone agrees it is well used by children and adults. Jim Group, who leases the land from the railroad will need to be notified. Bob suggested that if the improvement is done, then the traffic going over it on clean up days will ruin it. Alternative places for clean ups were discussed. City Attorney Johnson said that if it’s in the right-of-way, then the city has every right to do the improvement. Behrns moves, Petrzilka seconds to approve the repair and installation of said sidewalk at city’s cost. Motion carried by unanimous roll call vote of those attending.

Jensen moves, Petrzilka seconds to approve the street closing request from Louisville Fire Department for a BBQ/Street Dance on June 1, 2013 from 8:00 a.m. to 1:00 a.m. on Main Street between 1st and 2nd with intersections to remain open. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, Jensen seconds to approve the street closing request from B.U.I.L.D. for the Last Hot Sunday in July car show on July 28, 2013 on Main Street from 1st to 3rd and on 2nd Street from alley east of Main to alley west of Main and 3rd Street from alley west of Main to Main. Motion carried by unanimous roll call vote of those attending.

Jensen moves, Petrzilka seconds to approve the formation of a PUD committee its members to include: Roger Behrns, Bob Keiter and Jeff Ray. Motion carried by unanimous roll call vote of those attending.

There were no bids received for the sidewalk repair on Main Street. A written request had been received to have the city do the work at the property owners’ expense. The city has agreed to pay for the colored concrete with CRA funds. The deadline for the bid will be extended for thirty days. No council action was taken.

Jensen moves, Petrzilka seconds to approve the expenditure of an estimated $4,200 for blown in insulation at the city shop for the sewer jetting machine area using the atrazine settlement and the EMC dividend check as funding. Motion carried by unanimous roll call vote of those attending.

Behrns moves, Jensen seconds to approve the expenditure of an estimated $6,000 to build a poured concrete salt bin (32’ X 12’ X 6’) at the east end of the city shop using the atrazine settlement and the EMC dividend check as funding. Motion carried by unanimous roll call vote of those attending.

Ordinance #883 was laid over.

Mayor Mueller declared a conflict and left the meeting at 8:15 p.m. and Council President Behrns presided over the meeting.

Petrzilka moves, Jensen seconds to introduce by title only and suspend the three required statutory readings of Ordinance #890; amend zoning regulation text regarding corner lot non-address side yard setbacks. Motion carried by unanimous roll call vote of those attending. Petrzilka moves, Jensen seconds to adopt Ordinance #890 by title only on third and final reading. Motion carried by unanimous roll call vote of those attending.

Ordinance #891 was removed.

Jensen moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #892; add PUD zoning overlay to Prairie Ridge North. Motion carried by unanimous roll call vote of those attending. Petrzilka moves, Jensen seconds to adopt Ordinance #892 by title only on third and final reading. Motion carried by unanimous roll call vote of those attending.

Jensen moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #893; add PUD zoning overlay to East Ridge. Motion carried by unanimous roll call vote of those attending. Petrzilka moves, Jensen seconds to adopt Ordinance #893 by title only on third and final reading. Motion carried by unanimous roll call vote of those attending.

Mayor Mueller returned to the meeting at 8:24 p.m. and presided over the meeting.

Behrns moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #894; Fee Schedule. Motion carried by unanimous roll call vote of those attending. Jensen moves, Behrns seconds to adopt Ordinance #894 by title only on third and final reading. Motion carried by unanimous roll call vote of those attending.

Dan reported for streets, water and wastewater. He stated that Otoe County Rural Water is in the process of hooking up the water line and it will have to be tested in the next thirty days. Dan also reported that the street sweeper will be in town Friday.

There were no reports for fire, rescue and sheriff. Mayor Mueller had e-mailed the sheriff about an issue of parking on both sides of 3rd Street west of Cherry at the end of the school day. The sheriff told the deputies to keep an eye out.

Petrzilka moves, Jensen seconds to adjourn the meeting at 8:45 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