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CITY COUNCIL

September 13, 2017                                                                                                 Louisville, NE

A regular meeting of the City Council of the City of Louisville was held on Wednesday, September 13, 2017, at 7:00 p.m. at the City Hall.  Present were Mayor Roger Behrns, Council Members Jerry McClun, Paula Simonson and Rod Petersen. Randy Jensen was absent. Also present were City Attorney Roger Johnson, City Supervisor Dan Henry and several guests. Mayor 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. 

Mayor Behrns called the meeting to order and asked the Council to review the consent agenda. Simonson moves, McClun seconds to approve the consent agenda. Motion carried by unanimous roll call vote of those attending.

Mayor Behrns opened the public budget hearing at 7:01 p.m. No public comment was made. Mayor Behrns closed the public hearing at 7:02 p.m.

McClun moves, Simonson seconds to introduce by title only and suspend the three required statutory readings of Ordinance #964; appropriations for fiscal year 10/01/17 – 09/30/18. Motion carried by unanimous roll call vote of those attending. Petersen moves, McClun seconds to adopt by title only Ordinance #964. Motion carried by unanimous roll call vote of those attending.

Mayor Behrns opened the public levy hearing at 7:03 p.m. No public comment was made. Mayor Behrns closed the public hearing at 7:04 p.m.

McClun moves, Petersen seconds to approve the allowable 2½% restricted funds base increase. Motion carried by unanimous roll call vote of those attending.

Petersen moves, Simonson seconds to approve the additional 1% allowable restricted funds increase. Motion carried by unanimous roll call vote of those attending.

McClun moves, Simonson seconds to approve Resolution 17-05 to set the property tax request at $338,350.00 for the fiscal year beginning October 1, 2017.  Motion carried by unanimous roll call vote of those attending.

Simonson moves, McClun seconds to temporarily adjourn as city council at 7:06 p.m. Motion carried by unanimous roll call vote of those attending.

Petersen moves, Simonson seconds to convene as Community Development Agency (CDA) at 7:06 p.m. Motion carried by unanimous roll call vote of those attending.

Mayor Behrns opened the CDA budget hearing at 7:07 p.m. No public comment was made. Mayor Behrns closed the public hearing at 7:08 p.m.

Simonson moves, McClun seconds to adjourn as CDA at 7:08 p.m. Motion carried by unanimous roll call vote of those attending.

Petersen moves, Simonson seconds to reconvene the city council meeting at 7:08 p.m. Motion carried by unanimous roll call vote.

Petersen moves, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #965; CDA appropriations for fiscal year 10/01/17 – 09/30/18. Motion carried by unanimous roll call vote of those attending. McClun moves, Petersen seconds to adopt by title only Ordinance #965. Motion carried by unanimous roll call vote of those attending.

Mayor Behrns opens the public hearing to consider a change in zoning classification from TA District to R1 District on property legally described as beginning at the Southeast Corner of Lot 10, Block 5, Southridge Subdivision in the Southwest One-Quarter of Section 23, Township 12 North, Range 11 East of the Sixth Principal Meridian, Cass County, Nebraska; thence N40°09'28"E and along the East line of said Lot 10 a distance of 197.94 feet to the Northeast Corner of said Lot 10; thence S46°19'52"E a distance of 130.83 feet; thence S00°24'56"E a distance of 231.44 feet to the Northeast Corner of Tax Lot 16 located in the Southwest One-Quarter of said Section 23; thence Northwesterly and along the North line of said Tax Lot 16 the following three courses: 1.  N89°56'09"W a distance of 14.65 feet; 2.  Along the arc of a curve to the right having a radius of 20.00 feet and a central angle of 40°05'37" for an arc length of 14.00 feet; 3. N49°50'32"W and along the North Right-of-Way of South Ridge drive a distance of 257.02 feet to the Point of Beginning, containing 0.93 acres at 7:10 p.m. No public comment was made. Mayor Behrns closed the hearing at 7:11 p.m.

Mayor Behrns reported for the Care Center. They are moving forward with the gazebo project.

McClun moves, Simonson seconds to approve the final advance on the ball field loan in the amount of $61,000.00. Motion carried by unanimous roll call vote of those attending.

Simonson moves, McClun seconds to approve pay application #1 to Kerns Excavating Co., Inc. for 2017 Platte River State Park Sanitary Sewer Force Main in the amount of $75,771.69. Motion carried by unanimous roll call vote.

The City Council looked favorably on the use of Community Center Building by Cass County Tourism and CCNEDC if necessary.

Simonson moves, Petersen seconds to approve the street closing request from the school for the Homecoming parade on October 6, 2017 from 2:30 to 3:15 p.m. as follows: 3rd Street from school east to Main, north to 2nd Street and west to school parking lot. Motion carried by unanimous roll call vote of those attending.

The nuisance property 106 Main St. was briefly discussed.

The city owned property at 601 E 4th St. was briefly discussed.

Dan gave a ball field update stating that the common areas and banks have been seeded, the Diamond Pro has been installed on softball field and fences will go up soon on the other two fields. Tree grants and donations have been obtained and planting will be done this fall.

Dan reported for streets, water and sewer.

A written sheriff’s report was circulated. There were no reports for the fire and rescue departments.

An internal audit was conducted verifying checks to invoices by the council members.

McClun moves, Simonson seconds to introduce by title only and suspend the three required statutory readings of Ordinance #966; wages and benefits for City employees and public officials. Motion carried by unanimous roll call vote of those attending. Simonson moves, McClun seconds to adopt by title only on third and final reading Ordinance #966. Motion carried by unanimous roll call vote of those attending.

Petersen moves, Simonson seconds to introduce by title only and suspend the three required statutory readings of Ordinance #967; to amend a change in zoning classification from TA District to R1 District on property legally described as beginning at the Southeast Corner of Lot 10, Block 5, Southridge Subdivision in the Southwest One-Quarter of Section 23, Township 12 North, Range 11 East of the Sixth Principal Meridian, Cass County, Nebraska; thence N40°09'28"E and along the East line of said Lot 10 a distance of 197.94 feet to the Northeast Corner of said Lot 10; thence S46°19'52"E a distance of 130.83 feet; thence S00°24'56"E a distance of 231.44 feet to the Northeast Corner of Tax Lot 16 located in the Southwest One-Quarter of said Section 23; thence Northwesterly and along the North line of said Tax Lot 16 the following three courses: 1.  N89°56'09"W a distance of 14.65 feet; 2. Along the arc of a curve to the right having a radius of 20.00 feet and a central angle of 40°05'37" for an arc length of 14.00 feet; 3. N49°50'32"W and along the North Right-of-Way of South Ridge drive a distance of 257.02 feet to the Point of Beginning, containing 0.93 acres. Motion carried by unanimous roll call vote of those attending. McClun moves, Petersen seconds to adopt by title only on third and final reading Ordinance #967. Motion carried by unanimous roll call vote of those attending.

Simonson moves, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #968; wages for Louisville Care Center employees. Motion carried by unanimous roll call vote of those attending. Petersen moves, McClun seconds to adopt by title only on third and final reading Ordinance #968. Motion carried by unanimous roll call vote of those attending.

McClun moves, Simonson seconds to introduce by title only and suspend the three required statutory readings of Ordinance #969; additional benefits for Louisville Care Center employees. Motion carried by unanimous roll call vote of those attending. Petersen moves, Simonson seconds to adopt by title only on third and final reading Ordinance #969. Motion carried by unanimous roll call vote of those attending.

There was a brief personnel discussion. Applications will be taken for the recently vacated maintenance position.

McClun moves, Simonson seconds to adjourn the meeting at 7:35 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