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CITY COUNCIL

 

September 10, 2014                                                                                                    Louisville, NE

A regular meeting of the City Council of the City of Louisville was held on Wednesday, September 10, 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 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. Motion carried by unanimous roll call vote.

Chuck Haase from Charter Communications was present to address citizen complaints regarding the cost of additional boxes to read the digital signal. The conversion to all digital is scheduled to take place next Tuesday and all televisions must have the box. This conversion will provide faster internet and more channels. Several service complaints were also mentioned. Chuck said those need to be resolved and he will pass on the concerns to the Charter Communications leaders. Several questions were left unanswered.

Three potential alley and one potential street projects were discussed. The cost estimate for adjacent property owners is $11.50-$12.00/lineal foot. For an average lot, this would be approximately $690 to $720. The city would only charge the property owners for the material and all labor would be done by the city crew. Drainage was discussed. The procedure was explained. A hearing will be set for each separate paving district and written opposition must be received before that hearing date. If more than 50% oppose, the project would not go through. The potential alleys are as follows: between Walnut/Maple/4th/5th, Walnut/Maple/3rd/4th, Maple/Vine/2nd/3rd. Hazel Street south of 3rd Street will need further study and agreements with the property owner.

Mayor Mueller opened the public budget hearing at 7:51 p.m. No public comment was made. Mayor Mueller closed the public hearing at 7:52 p.m.

Petrzilka moves, Jensen seconds to introduce by title only and suspend the three required statutory readings of Ordinance #913; appropriations for fiscal year 10/01/14 – 09/30/15. Motion carried by unanimous roll call vote. McClun moves, Behrns seconds to adopt by title only Ordinance #913. Motion carried by unanimous roll call vote.

Mayor Muller opened the public levy hearing at 7:54 p.m. No public comment was made. Mayor Mueller closed the public hearing at 7:55 p.m.

Jensen moves, Petrzilka seconds to approve the allowable 2½% restricted funds base increase. Motion carried by unanimous roll call vote. Behrns moves, Jensen seconds to approve the additional 1% allowable restricted funds increase. Motion carried by unanimous roll call vote.

Petrzilka moves, McClun seconds to approve Resolution 14-16 to set the property tax request at $355,470.00 for the fiscal year beginning October 1, 2014. Motion carried by unanimous roll call vote.

McClun moves, Jensen seconds to temporarily adjourn as city council at 7:58 p.m. Motion carried by unanimous roll call vote.

Petrzilka moves, Jensen seconds to convene as Community Development Agency (CDA) at 7:58 p.m. Motion carried by unanimous roll call vote of those attending.

Mayor Mueller opened the CDA budget hearing at 7:58 p.m. No public comment was made. Mayor Mueller closed the public hearing at 7:59 p.m.

Petrzilka moves, Behrns seconds to adjourn as CDA at 7:59 p.m. Motion carried by unanimous roll call vote.

Jensen moves, Petrzilka seconds to reconvene as city council at 8:00 p.m. 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 #914; CDA appropriations for fiscal year 10/01/14 – 09/30/15. Motion carried by unanimous roll call vote. Petrzilka moves, Jensen seconds to adopt by title only Ordinance #914. Motion carried by unanimous roll call vote.

Mayor Mueller and Council President Behrns reported for the Care Center.

Monica Stohlmann was present from the Ball Parents Association stating that they are working on a brochure to publicize the school bond to build a new ball complex. Mayor Mueller reported that Ash Grove hired an outside attorney to work on a lease agreement with the school. A maintenance agreement with the city is still being worked out.

Behrns moves, Petrzilka seconds to approve the bids as presented for the sale of surplus furniture at Louisville Care Center. Motion carried by unanimous roll call vote.

As stated in the bid notice for the sale of the surplus furniture, the excess items will be sold at the median bid price of $10 for the 4-drawer dresser and $5 for the 3-drawer dresser. Behrns moves, Petrzilka seconds to negotiate with an auction house for the sale of any furniture not sold. Motion carried by unanimous roll call vote.

Mayor Mueller declared a conflict with the next agenda item and left the meeting at 8:08 p.m. and Council President Behrns presided over the meeting. Dave Wedekind suggests granting the City property along Highway 50 and the City work with NE Dept. of Roads to gain highway access from the proposed Prairie Ridge commercial development. He believes the City will have more success with that endeavor. The council made it clear that any costs associated would still be his as the developer. The City Attorney stated it would require a public hearing to acquire the property. More investigation will be done. Mayor Mueller returned to the meeting.

Elaine Storovich requested that the council and rescue department consider taking emergency patients to their hospital of choice. This request comes to the forefront as Midlands Hospital is now “out-of-network” from her insurance company. She wonders if something can be signed in advance stating which hospital she prefers to go to in the event of an emergency. It was explained to her that the squad’s policy has been to transport to the nearest hospital for liability reasons. The council and department don’t see that policy changing.

Jensen moves, Petrzilka seconds to approve the housing stimulus pay out to Steven Anderson for residence built at 1079 Prairie Ridge Cr. in the amount of $1,340.00. Motion carried by unanimous roll call vote.

McClun moves, Behrns seconds to approve the transfer of $1,100 from Economic Development to the water and sewer funds for tap fee reimbursement at 1079 Prairie Ridge Cr. Motion carried by unanimous roll call vote.

Mayor Mueller declared a conflict with the next agenda item and left the meeting at 8:35 p.m. and Council President Behrns presided over the meeting. Jensen moves, Petrzilka seconds to approve the housing stimulus pay out to Dave Wedekind for residence built at 1039 Prairie Ridge Cr. in the amount of $1,340.00. Motion carried by unanimous roll call vote.

McClun moves, Jensen seconds to approve the transfer of $1,100 from Economic Development to the water and sewer funds for tap fee reimbursement at 1039 Prairie Ridge Cr. Motion carried by unanimous roll call vote. Mayor Mueller returned to the meeting.

The City Attorney has reviewed the proposed land lease agreement with Verizon Wireless and has comments and concerns. A conference call will be set up to hammer out the details before the next meeting.

Behrns moves, Petrzilka seconds to approve the updated fire/rescue roster to include the maintenance crew. Motion carried by unanimous roll call vote.

The case will be dismissed on nuisance property at 308 E 2nd Street at defendant’s cost.

The nuisance property at 218 Oak Street is certified as ready for trial. A trial date will be set.

No more progress has been made at nuisance property at 117 Cherry Street. Legal proceedings will begin and the City Attorney will get it ready for court.

Petrzilka moves, Jensen seconds to proceed with legal action for nuisance property at 401 Cherry Street. Motion carried by unanimous roll call vote.

Behrns moves, McClun seconds to proceed on the bathrooms behind city hall with block/brick over a metal frame construction. Motion carried by unanimous roll call vote.

Starting a sinking fund for equipment replacement will be researched with the auditor.

A written sheriff’s report was circulated. There were no reports for streets, sewer, water, fire or rescue.

Jensen moves, McClun seconds to introduce by title only and suspend the three require statutory readings of Ordinance #915; wages and benefits for city employees and public officials. Motion carried by unanimous roll call vote. Petrzilka moves, Behrns seconds to adopt Ordinance #915 by title only. Motion carried by unanimous roll call vote.

Jensen moves, McClun seconds to approve Resolution 14-12; set hearing for October 8, 2014 at 7:00 p.m. to determine the sufficiency of the written objections filed objecting the creation of Alley Improvement District No. 2014-2 (Walnut/Maple & 4th/5th). Motion carried by unanimous roll call vote.

McClun moves, Jensen seconds to approve Resolution 14-13; set hearing for October 8, 2014 at 7:00 p.m. to determine the sufficiency of the written objections filed objecting the creation of Alley Improvement District No. 2014-3 (Walnut/Maple & 3rd/4th). Motion carried by unanimous roll call vote.

McClun moves, Jensen seconds to approve Resolution 14-14; set hearing for October 8, 2014 at 7:00 p.m. to determine the sufficiency of the written objections filed objecting the creation of Alley Improvement District No. 2014-4 (Maple/Vine & 2nd/3rd). Motion carried by unanimous roll call vote.

Resolution 14-15 was tabled for further investigation.

Behrns moves, McClun seconds to approve Resolution 14-17; no parking on north side of 1st Street from Main to Cherry Street. Motion carried by unanimous roll call vote.

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