December 14, 2022
CITY COUNCIL
December 14, 2022 Louisville, NE
A regular meeting of the City Council of the City of Louisville was held on Wednesday, December 14, 2022 at 7:00 p.m. at City Hall. Present were Mayor Rod Petersen, Council Members Jerry McClun, Jamion Biesterfeld and Justin Barnes. Martyn Myers was absent. Also present were City Attorney Roger Johnson and guests. Mayor Petersen 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 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 Petersen called the meeting to order and asked the Council to review the consent agenda. McClun moves, Biesterfeld seconds to approve the consent agenda. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
No action taken on the ball field agreement at this time.
McClun moves, Biesterfeld seconds to adjourn and reconvene as the newly elected city council at 7:02 p.m. Motion carried by unanimous roll call vote.
Council Members Jerry McClun and Justin Barnes were sworn is as newly elected officials.
McClun moves, Barnes seconds to approve the consent agenda consisting of annual appointments. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
Barnes moves, Biesterfeld seconds to nominate and reelect Jerry McClun as the Council President. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
Mayor Petersen opened the public hearing at 7:08 p.m. for the consideration to change the zoning classification from R-1 District to B-2 District on property legally described as: Lots 236, 237, 238 and ½ vacated alley and ½ vacated street, Original Town, Cass County, Nebraska. Kevin Kozeny spoke on his plan to open a coffee shop in the house located at 402 Main St. Very few exterior changes will be made. There is plenty of space to park to meet the requirements. The garage will be used as an office and storage for a local roofing company. No other public comment was made. Mayor Petersen closed the public hearing at 7:18 p.m.
Mayor Petersen opened the public hearing at 7:20 p.m. for the consideration to change the zoning classification from TA District to RS District on property legally described as: A TRACT OF LAND LOCATED IN SUBLOT 1 AND 2 OF TAX LOT 6, LOCATED IN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 NORTH, RANGE 11 EAST, OF THE 6TH PRINCIPAL MERIDIAN, CASS COUNTY NEBRASKA. No public comment was made. Mayor Petersen closed the hearing at 7:21 p.m.
Biesterfeld reported for the Care Center. He stated that the carpeting project is starting in February. Councilman McClun wanted the administrator informed that when 911 is called, someone needs to stay with the patient until the squad arrives.
Biesterfeld moves, McClun seconds to approve the agreement with Wilbert Memorials for installation of a columbaria subject to legal review. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
Jill Maenner from 517 Sandhill Road was present to ask about building a garage on the south side of her home and the possibility of buying the city property behind her property. City Attorney Johnson recommended closed session to discuss negotiations.
McClun moves, Biesterfeld seconds to approve Maintenance Agreement No. 55 renewal with NDOT for period from January 1, 2023 through December 31, 2023. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
McClun moves, Biesterfeld seconds to approve the certificate of compliance to Maintenance Agreement No. 55 with NDOT. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
The purchase of a generator backup for lift station at Sandhill Road was tabled until the January meeting.
Biesterfeld moves, McClun seconds to direct the clerk prepare an ordinance for the vacation of the alley north of 1st Street west of Walnut Street retaining utility easements. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
McClun moves, Biesterfeld seconds to authorize the Mayor to execute the agreement with NE Game & Parks for lease of land to install fencing around city shop area. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
Biesterfeld moves, Barnes seconds to approve the agreement with Ash Grove for use of old ball field site for yard waste/fire training pending legal language revisions as discussed. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
Biesterfeld moves, McClun seconds to approve the mission and vision statement of the community trail system project. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
Joel Jones reported for street, water and sewer. Some items discussed: traffic sign purchases, asphalt speed table installations, lift station updates, UP Railroad land issues and equipment.
A written sheriff’s report was circulated. No report for fire/rescue.
An internal audit was conducted verifying checks to invoices by the council members.
McClun moves, Biesterfeld seconds to approve Resolution 22-12; signing of the year-end certification of City Street Superintendent. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
McClun moves, Biesterfeld seconds to introduce by title only and suspend the three required statutory readings of Ordinance #1036; AN ORDINANCE TO AMEND THE CITY OF LOUISVILLE, NEBRASKA COMPREHENSIVE DEVELOPMENT PLAN 2013 FOR THE CITY, AND THE ZONING MAP, BY CHANGING CERTAIN BOUNDARIES FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO CENTRAL BUSINESS DISTRICT (B-2). Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried. McClun moves, Biesterfeld seconds to adopt Ordinance # 1036 by title only on third and final reading. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
Biesterfeld moves, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #1037; AN ORDINANCE TO AMEND THE CITY OF LOUISVILLE, NEBRASKA COMPREHENSIVE DEVELOPMENT PLAN 2013 FOR THE CITY, AND THE ZONING MAP, BY CHANGING CERTAIN BOUNDARIES FROM TRANSITIONAL AG (TA) TO RESIDENTIAL SUBDIVISION (RS). Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried. McClun moves, Biesterfeld seconds to adopt Ordinance # 1037 by title only on third and final reading. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
McClun moves, Biesterfeld seconds to enter closed session for the protection of the public’s interest for the purpose of setting possible terms of 1) a contract to sell parcel # 130395720 subject to condition that no successful remonstrance is presented, and 2) to discuss terms of agreements with Louisville Public Schools, Louisville Ball Parents Association, and Legion League for their baseball and softball seasons at 8:43 p.m. Mayor Petersen repeated the reason for the closed session. Barnes moves, Biesterfeld seconds to reconvene in open session at 9:58 p.m.
Biesterfeld moves, Barnes seconds to direct Mr. Johnson to negotiate a lease agreement with the Louisville Public School district as discussed in closed session. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
Barnes moves, Biesterfeld seconds to adjourn the meeting at 10:00 p.m. Roll call vote: ayes – McClun, Biesterfeld, Barnes; absent – Myers; nays – none. Motion carried.
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