March 12, 2014 Louisville, NE
A regular meeting of the City Council of the City of Louisville was held on Wednesday, March 12, 2014, 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 Attorney Roger Johnson, City Supervisor Dan Henry and 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, Jensen seconds to approve the consent agenda with the exception of the Precision Industries pay application claim. Motion carried by unanimous roll call vote.
Kari Wockenfuss reported for the Care Center. The call light system has been installed. The board discussed resident room replacement furniture and a feasibility study.
There was no report for the Ball Parents Association. Because of the lease agreement limits with Ash Grove, other locations are being identified.
Nuisance properties were discussed. A letter was received from the attorney representing the property located at 308 E 2nd Street which stated they propose to make the necessary repairs to make the residence habitable. Petrzilka moves, McClun seconds to set 45 days for completion of repairs to said property. Motion carried by unanimous roll call vote.
The attorney has prepared the request of admissions for the nuisance property at 218 Oak Street. The attorney was directed to certify as ready for trial.
A building permit has been issued and construction begun on property located at 704 Oak Street. Behrns moves, Petrzilka seconds to give until May 12, 2014 to complete the remodel and repairs before more legal action taken. Motion carried by unanimous roll call vote.
Dan reported that the house repairs have been completed at 701 Oak Street but nothing has been done about the trash. Dan will make a complete list of items still to complete and make contact with the owner. The attorney will file a motion for default judgment.
Petrzilka moves, Jensen seconds to begin legal proceedings for nuisance property located at 117 Cherry Street. Motion carried by unanimous roll call vote.
The owner of the nuisance property at 401 Cherry Street is working with the city to comply with regulations.
Dan discussed a splash pad and other improvements at the city park. Some items discussed were: floodplain, design, security and location. The splash park discussion was tabled. Petrzilka moves, McClun seconds to approve the purchase and installation of fencing around the tennis and basketball courts by American Fence Company in the amount of $8,685.67. Motion carried by unanimous roll call vote.
Mobile home licenses were discussed. Dick Berner was issued a citation for operating a mobile home park without a license and will appear in court on March 25, 2014. At the suggestion of the City Attorney for the protection of public interest, this discussion will be moved to executive session at the end of the meeting.
Petrzilka moves, Jensen seconds to approve pay application #13 and final to Precision Enterprises, Inc. in the amount of $10,975.00 for the Care Center hallway/resident room remodel project. Motion carried by unanimous roll call vote.
There was a lengthy discussion on paving the alley between Oak & Elm Streets between Koop Ave. and 7th Street. Dan had cost estimates where the city does the labor and the cost of the material only would be $11.20 per lineal foot to the property owners abutting the alley. Several property owners were in attendance and questions were answered regarding the design and the procedure. A hearing will be held at the April city council meeting to determine objections to the project.
Mayor Mueller declared a conflict with the next two agenda items concerning Dave Wedekind and the Prairie Ridge development. Mayor Mueller exited the building and Council President Behrns presided over the meeting. Dave presented some concepts regarding access on Sandhill Road to the future development. The city council was receptive to the concept. Dave also asked about access from Highway 50 and the City Attorney stated that according to a development agreement, the streets would be dedicated to the public so access to Highway 50 would be agreeable to the State Department of Roads.
No council action was taken on the division of property in Timber Ridge until further research can be done.
Petrzilka moves, Behrns seconds to solicit bids for liability and property insurance with the same or exceeding coverage due back by May 12, 2014. Motion carried by unanimous roll call vote.
A mutual aid agreement between Plattsmouth and Louisville Fire Departments was discussed. This agreement would give dispatch authority to automatically call both departments for various reasons. Chief McClun checked with the insurance carrier to verify that the department would be covered in this instance. No council action was taken until a final agreement is presented.
McClun moves, Behrns seconds to authorize the transfer of $1,100 from the economic development fund in equal amounts to the water and sewer funds for tap fee reimbursement at 808 South Ridge Dr. Motion carried by unanimous roll call vote.
Jensen moves, McClun seconds to approve the housing stimulus payout to Daniel and Brandi Hlavac for residence built at 901 South Ridge Dr. in the amount of $2,000 from the economic development fund. Motion carried by unanimous roll call vote.
McClun moves, Jensen seconds to authorize the transfer of $1,100 from the economic development fund in equal amounts to the water and sewer funds for tap fee reimbursement at 901 South Ridge Dr. Motion carried by unanimous roll call vote.
Behrns moves, Petrzilka seconds to authorize the clerk to notify the nuisance property owners that they will be billed the attorney fees associated with the process and give them the options to pay with the final step being a special assessment against the property. Motion carried by unanimous roll call vote.
McClun moves, Behrns seconds to approve Resolution 14-05; call of bonds dated February 17, 2009 in the amount of $335,000. Motion carried by unanimous roll call vote.
Petrzilka moves, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #909; issuance of general obligation refunding bonds in the amount of $340,000. Motion carried by unanimous roll call vote. Jensen moves, Behrns seconds to adopt on third and final reading by title only Ordinance #909. Motion carried by unanimous roll call vote.
Behrns moves, Petrzilka seconds to approve Resolution 14-06; set hearing for April 9, 2014 at 7:00 p.m. to determine the sufficiency of the written objections filed objecting the creation of Alley Improvement District No. 2014-1. Motion carried by unanimous roll call vote.
Dan reported for water, wastewater and streets. A written sheriff’s report was circulated. There were no reports for fire and rescue.
Behrns moves, Jensen seconds to enter executive session at 8:50 p.m. for the protection of the public interest to discuss legal issues related to LCC claim for injuries and wrongful death and to discuss legal issues related to licensing requirements for mobile homes. Mayor Mueller reiterated the reasons for the executive session. Motion carried by unanimous roll call vote. Behrns moves, Petrzilka seconds to exit executive session at 9:12 p.m. Motion carried by unanimous roll call vote.
McClun moves, Behrns seconds to introduce by title only and suspend the three required statutory reading of Ordinance #908; inspection of mobile homes in trailer courts. Motion carried by unanimous roll call vote. Behrns moves, Petrzilka seconds to adopt by title only on third and final reading Ordinance #908. Motion carried by unanimous roll call vote.
Jensen moves, Petrzilka seconds to adjourn the meeting at 9:14 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