CITY COUNCIL
May 10, 2017 Louisville, NE
A regular meeting of the City Council of the City of Louisville was held on Wednesday, May 10, 2017, at 7:00 p.m. at the City Hall. Present were Mayor Roger Behrns, Council Members Jerry McClun, Randy Jensen, Paula Simonson and Rod Petersen. Also present were City Attorney Roger Johnson, City Supervisor Dan Henry and 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. Jensen moves, McClun seconds to approve the consent agenda. Motion carried by unanimous roll call vote.
Mayor Behrns opens the public hearing at 7:02 p.m. to consider the following zoning items: review and discuss adjusting the one-mile extra-territorial jurisdiction (ETJ) and review and discuss changes to the text for the I-1 and I-2 Zoning District regarding the sexually oriented businesses. No public comment was made. Mayor Behrns closes the hearing at 7:03 p.m.
Mayor Behrns opens the public hearing at 7:03 p.m. to consider a change in the zoning classification from RS District to TA District on property legally described as: Tax Lot 17, located in 23-12-11 East of the 6th P.M., being Sublot 1 of Tax Lot 6 and all of sublot 2 of Tax Lot 6 that is not contained in Tax Lot 11, Cass County, Nebraska (Bob Copple house). No public comment was made. Mayor Behrns closes the hearing at 7:04 p.m.
Mayor Behrns opens the public hearing at 7:04 p.m. to consider a change in the zoning classification from RS District to TA District on property legally described as: Southwest ¼ of Northeast ¼ of Section 23-12-11, except The Ridges Subdivision and except Highway 66 ROW, Cass County, Nebraska (rest of The Ridges). Andrea Prokupek, representing the Ridges HOA voiced some concerns, such as traffic, lack of speed bumps, proposed secondary entrance, etc. These concerns deal with design of a subdivision, not the zoning. Their concerns would be heard at the time a preliminary plat was presented for consideration. It was explained to the audience that this hearing was for discussion on zoning only. This hearing was to determine whether RS zoning in appropriate in the stated area. Mayor Behrns closes the hearing at 7:26 p.m.
Mayor Behrns opens the public hearing at 7:27 p.m. to consider a change in the zoning classification from RS District to TA District on property legally described as: a tract located in part of the NW ¼ of the SE ¼ of 28-12N-11E of the 6th p.m., Cass County, Nebraska (Lefler house). The property owner has changed his mind about this request. Mayor Behrns closes the hearing at 7:30 p.m.
Mayor Behrns opens the public hearing at 7:30 p.m. to consider hearing support, opposition, criticism, suggestions or observations of taxpayers relating to the acquisition of real estate from Heidi Wilhelm legally described as Lot 688 and Lot 689, City of Louisville, and Half of Vacated Alley, Cass County, Nebraska, and commonly known as 601 E 4th, Louisville, Nebraska. No public comment was made. Mayor Behrns closes the hearing at 7:31 p.m.
Kari Wockenfuss and Steve Amundson gave a post-construction finance report for the Care Center.
Petersen moves, Simonson seconds to approve the annual LCC transfer of the targeted 5% of net operations in the amount of $10, 872.00. Motion carried by unanimous roll call vote.
Jensen moves, Simonson seconds to acquire the real estate described as Lots 688 and 689 and half vacated alley, Original Town, Louisville, NE and authorize payment of taxes and related expenses but to not pay a purchase price for the same, and to accept the deed from Heidi Wilhelm. Motion carried by unanimous roll call vote.
Jensen moves, Petersen seconds to approve Dave Wedekind return the retention pond at Prairie Ridge Subdivision to the original design and height. Motion carried by unanimous roll call vote.
Petersen moves, Jensen seconds to approve street closing request from fire department on July 29, 2017; 1st to 2nd Street between intersections from noon to midnight for LVFD street dance. Motion carried by unanimous roll call vote.
Petersen moves, Jensen seconds to approve a special designated liquor license request for LVFD for street dance on July 29, 2017 from noon to midnight. Motion carried by unanimous roll call vote.
McClun moves, Simonson seconds to approve street closing request from B.U.I.L.D. on July 30, 2017; 1st to 3rd Streets, 2nd Street from alley west of Main to alley east of Main, 3rd Street from alley west of Main to Main, parking lot north of city hall and basketball/tennis courts from 6:00 a.m. to 4:00 p.m. for Last Hot Sunday in July car show. Motion carried by unanimous roll call vote.
McClun moves, Jensen seconds to allocate $7,500 from KENO funds for updated, city-owned website development with input from B.U.I.L.D. Motion carried by unanimous roll call vote.
McClun moves, Jensen seconds to approve housing stimulus payout to Timber Ridge Log Homes for townhome built at 1040 Prairie Hill Cr. in the amount of $1,321.00. Motion carried by unanimous roll call vote.
Petersen moves, Jensen moves to declare the Bobcat 750 Skidsteer as surplus equipment. Motion carried by unanimous roll call vote.
More information will be gathered on an agreement with NDOR and Ash Grove regarding shoulder paving on Walnut Street.
Jensen moves, McClun seconds to approve an advance on the ball field loan from Pinnacle Bank in the amount of $37,000.00. Motion carried by unanimous roll call vote.
Dan gave a ball field update. The next projects will be a storm sewer around the concession stand and fencing.
City Attorney Roger Johnson updated the council on the nuisance property located at 106 Main Street.
No action taken on a Don Story contract for ball field work.
Mayor Behrns gave an update on Game & Parks sewer main project. JEO informed the City that CORPS reviews are necessary along the selected route at an added cost. Easements are also still being obtained.
Dan reported for streets, water and sewer. Line striping is on the schedule. The street lights will be converted to LED by the end of the year.
A written sheriff’s report was circulated. There were no reports for fire and rescue.
An internal audit was conducted verifying checks to invoices by the council members.
Petersen moves, Simonson seconds to introduce by title only and suspend the three required statutory readings of Ordinance #958; I-1 and I-2 Zoning District regarding the sexually oriented businesses. Motion carried by unanimous roll call vote. Jensen moves, McClun seconds to adopt on third and final reading Ordinance #958. Motion carried by unanimous roll call vote.
Jensen moves, Simonson seconds to introduce by title only and suspend the three required statutory readings of Ordinance #960; Rezone from RS District to TA District on property legally described as: Tax Lot 17, located in 23-12-11 East of the 6th P.M., being Sublot 1 of Tax Lot 6 and all of sublot 2 of Tax Lot 6 that is not contained in Tax Lot 11, Cass County, Nebraska (Bob Copple house). Motion carried by unanimous roll call vote. Simonson moves, McClun seconds to adopt on third and final reading Ordinance #960. Motion carried by unanimous roll call vote.
McClun moves, Simonson seconds to introduce by title only and suspend the three required statutory readings of Ordinance #961; Rezone from TA District to RS District on property legally described as Southwest ¼ of Northeast ¼ of Section 23-12-11, except The Ridges Subdivision and except Highway 66 ROW, Cass County, Nebraska (rest of The Ridges). Roll call vote: ayes – McClun, Simonson, Petersen; abstain – Jensen. Motion carried. McClun moves, Petersen seconds to adopt on third and final reading Ordinance #961. Roll call vote: ayes – McClun, Simonson, Petersen; abstain – Jensen. Motion carried.
No council action taken on Ordinance #962.
Petersen moves, Jensen seconds to introduce by title only and suspend the three required statutory readings of Ordinance #959; official zoning map. Motion carried by unanimous roll call vote. Jensen moves, Simonson seconds to adopt on third and final reading Ordinance #959. Motion carried by unanimous roll call vote.
Simonson moves, McClun seconds to adjourn the meeting at 9:01 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