August 14, 2019
CITY COUNCIL
August 14, 2019 Louisville, NE
A regular meeting of the City Council of the City of Louisville was held on Wednesday, August 14, 2019, at 7:00 p.m. at the City Hall. Present were Mayor Roger Behrns, Council Members Jerry McClun, Paula Simonson, Rod Petersen and Randy Jensen. Also present were City Attorney Roger Johnson, Assistant City Supervisor Preston Derby 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. Jensen moves, McClun seconds to approve the consent agenda. Motion carried by unanimous roll call vote.
Mayor Behrns opened the public hearing to review a blight and substandard study for Area No. 4 dated May 2019 performed by JEO to determine declaration of blight and substandard as defined by the Community Development laws of the state of Nebraska legally described in the agenda at 7:01 p.m. Several audience members spoke with concerns, questions and objections. Steve Meisinger asked about the actual plan and the ability to blight farm ground. Jamion Biesterfeld wanted the process clarified and talked about the burden on the school. Dave Wedekind spoke that this project is still years out. Keith Witte doesn’t believe the area outside the city limits should be declared. Bill Lueder asked if it qualified and that a development would put a burden on the schools. Tom Clements said growth should be controlled and the City needs to be aware that it doesn’t dead end there. Elliott Smart wants to maintain a small town feel and the school is maxed out. Verna Meisinger asked the price of the study. Becky Smart asked if they City would go forward without a plan. Chris Maxon clarified that only 17 acres would be developed and annexed. Betty Heard stated that the school struggles with growth and the City should finish what they start. Barry Maxon wants to protect their farm and control the growth. Mayor Behrns closed the hearing at 7:46 p.m.
Mayor Behrns opened the public hearing to consider revision of zoning ordinance section 5.03.03 regarding event centers in TA zoning district as conditional use at 7:47 p.m. Chris and Barry Maxon gave a brief concept of their vision for an event center on their farm south of town. Mayor Behrns read a definition as presented by JEO. No other public comment was made. Mayor Behrns closed the hearing at 7:53 p.m.
Mayor Behrns opened the public hearing for the purpose of hearing support, opposition, criticism, suggestions or observations of taxpayers relating to the acquisition of real estate from Haley and Nicholas Rose legally described as Lot 27, Block 4, South Ridge Subdivision, City of Louisville, Cass County, NE at 7:54 p.m. Mayor Behrns identified the area to the audience. Keith Witte suggested keeping the property as a green space. Chad Nelson wants to make sure the proposed turn-around is standard size and well marked. Mayor Behrns closed the hearing at 8:02 p.m.
There was no report from the care center.
Jensen moves, Simonson seconds to approve the street closing request for the 2nd annual car show run by Justin Schramm and Dan Kudlacek on September 27, 2019 from 3:00 p.m. to 9:30 p.m. on Main Street between 2nd to 3rd Streets. Motion carried by unanimous roll call vote.
No action taken on a citizen request to change stop signs to yield signs on 7th Street east and west bound at Oak and Vine Street.
Jensen moves, Simonson seconds to approve the policy of EMT reimbursement costs with Pinnacle Bank. Motion carried by unanimous roll call vote.
The one and six year road plan was reviewed.
McClun moves, Petersen seconds to approve the street closing request for Vine Street from Koop Ave. south to 7th Street on September 7, 2019 from 3:00 to 9:00 p.m. for annual block party. Motion carried by unanimous roll call vote.
Preston showed a map of an incomplete sewer line on Grandview Drive in South Ridge. The council members agreed it was the developer’s responsibility and he will be informed.
A preliminary budget discussion was held.
Various options for the use of LB840 funds were discussed.
The collection agency proposed by the rescue department has an issue with using E-Verify as required by state statute for municipalities, so another agency will be found.
Preston reported for streets, water and sewer.
Councilmember McClun reported for the fire department. No reports from rescue and sheriff.
An internal audit control of invoices was conducted.
Jensen moves, McClun seconds to approve Resolution 19-10; League of Association of Risk Management renewal with a 90 day written notice termination option. Motion carried by unanimous roll call vote.
McClun moves to approve Resolution 19-11; to declare blighted and substandard based on a blight study entitled Louisville, NE blight study No. 4. Motion died for lack of second. Simonson moves, Petersen seconds to lay over Resolution 19-11 to the next meeting when a JEO representative can attend. Motion carried by unanimous roll call vote.
McClun moves, Jensen seconds to introduce by title only and suspend the three required statutory readings of Ordinance 986; revision of zoning regulation regarding event centers in TA zoning district. Motion carried by unanimous roll call vote. Simonson moves, Petersen seconds to adopt by title only Ordinance 986. Motion carried by unanimous roll call vote.
McClun moves, Simonson seconds to enter closed session for the protection of the public interest to discuss acquisition of real estate from Haley and Nicholas Rose legally described as Lot 27, Block 4, South Ridge Subdivision, City of Louisville, Cass County, Nebraska at 9:00 p.m. Motion carried by unanimous roll call vote. Mayor Behrns reiterated the subject of the closed session. Jenson moves, Petersen seconds to exit closed session at 9:11 p.m. Motion carried by unanimous roll call vote.
McClun moves, Simonson seconds to approve the purchase of real estate from Haley and Nicholas Rose legally described as Lot 27, Block 4, South Ridge Subdivision, City of Louisville, Cass County, Nebraska and direct Mayor Behrns and City Attorney Johnson to negotiate a purchase agreement as directed in closed session and authorize Mayor Behrns to execute the agreement. Motion carried by unanimous roll call vote.
Jensen moves, Simonson seconds to adjourn the meeting at 9:13 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