Meeting Minutes

June 27, 2007



A regular meeting of the City Council of the City of Louisville was held on Wednesday, June 27, 2007, at 7:00 p.m. at the City Hall. Present were Mayor Alan Mueller, Council Members Roger Behrns, Clete Petrzilka, and Bob Derby. Council Member Steve Sherman was absent. Also present were City Attorney Roger Johnson, City Supervisor Dan Henry and guests.

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, stated that the Open Meetings Act is posted at the rear of the room and asked the council to review the consent agenda. Behrns moves, Petrzilka seconds to approve the consent agenda. Motion carried by unanimous roll call vote of those attending.

Derby moves, Behrns seconds to adopt on second reading by title only, Ordinance #794; Annexation of Certain Territories – Water Tower. Motion carried by unanimous roll call vote of those attending.

Olsson & Associates representatives presented the final report of the site development of the property south and adjacent to the city. Steve Oltmanns thanked the council and the advisory committee for their help with this study and complimented the city on its forward thinking regarding economic development. Nathan Preheim highlighted some significant aspects of the report for the council and audience. The two questions answered were: is that land developable and how much would it cost to develop? The final report answers those questions thoroughly. Their recommendation ended the report stating that residential development is most attainable. Another recommendation would be to amend the city’s R-1 zoning district to include duplexes or support duplexes. Mayor Mueller asked if the Department of Roads had given Olsson & Associates a written determination of the access off Highway 50. They had received a verbal approval from the DOR for an access directly across the Highway from the access into the housing development on the west side of Highway 50. The firm will ask about getting that in writing. Mayor Mueller felt that having a document granting Highway access would be valuable to the city for resale reasons. Steve Oltmanns again commended the city on being so progressive.

Rich Payne was present with complaints regarding the neighbor dogs leaving animal waste all over the yard and in Rich’s yard and the smell was offensive. Mayor Mueller asked if Rich had ever confronted the neighbor and Rich said he’d talked to the wife, but no resolution came from the conversation. City Attorney, Roger Johnson stated that there were two options; consider a “pooper-scooper” ordinance but he thinks that only pertains to off personal property. The other option is amending the nuisance ordinance to include solid animal waste in the definition of litter. The second option is Roger Johnson’s recommendation. An ordinance will be presented at the next meeting, and a letter will be sent to the neighbors when the ordinance becomes effective.

Mayor Mueller recommends the appointment of Kathleen Gautier to the library board to fill the remaining term caused by Paul Pankonin’s resignation. Behrns moves, Petrzilka seconds to approve the appointment. Motion carried by unanimous roll call vote of those attending.

Mayor Mueller was contacted by a city council member from Springfield. Their certified sewer operator quit and they were looking for help while they get another employee certified. Dan estimated that it would take about one and a half hours per day to provide this service. An interlocal agreement was prepared with all of the statutory required terminology. The agreement states that the service will cost $40 per hour with travel time calculated into the hours. Behrns moves, Derby seconds to approve the interlocal agreement between Louisville and Springfield to provide certified sewer personnel between the cities for required sewer testing. Motion carried by unanimous roll call vote of those attending.

Eric Obert was present from JEO with documents regarding the water improvements, including a timeline of all tasks performed to date. The packet includes a history of the progress of activities in the last two years and copies of bid tabs. Eric went through the timeline and explained when and why designs were chosen and changes were made. He stated that maybe they were over-optimistic with their hopes for lower bids on the water treatment facility. A committee looked at cutting costs on the plant, but it has no frills to cut. The low bidder, Eriksen Construction, met with city officials to give ideas to cut costs including changing to plastic pipe instead of ductile iron on the smaller pipe and having the city dewater when/if necessary. Eriksen provided estimates for those savings. Eric stated that 5% of the cost is typical for contingencies. Other options were discussed. The system could continue without changes, but the water quality would likely be worse with the new wells and the council felt that wasn’t an option. The proposed plant is designed to take into consideration the fact that state regulations regarding ground water under the influence of surface water are going to change in the near future. Eric and the council feels that changing the design for current regulations would make the plant obsolete when regulations change and that wouldn’t be a feasible option. Capacity could be changed but by cutting production by one third, the estimated savings is only 10% of the total cost. Eric stated that the life expectancy of the plant is approximately forty years. All present concluded that cutting production wasn’t feasible either. Clarification was made on sales tax. Eric said the materials are taxable but the labor on new projects is not taxable. Change orders will reflect the changes to the bid as follows: sales tax removed from labor, plastic pipe on smaller pipes within the plant and city providing dewatering. Eric commented that in the 12 years he’s been involved with the city, numerous test wells have been drilled with little success. The water by the river has quality issues and there is very little or no water in the hills away from the river. The improvement planned is the best solution. Council Member Behrns stated that the plan and the design are sound, the only problem is the dollars.

With the higher than expected bid for the water treatment facility came the next discussion concerning additional funding for the project. Bond counsel said it was possible to bond the additional amount but there were drawbacks because of the city’s debt ratio. He had suggested interfund borrowing. The Care Center fund has available money and the board had been contacted about the possibility of a loan. Darlene Petrzilka was present from the Care Center Board and reported that their accountant said it didn’t affect Medicare. City Attorney Johnson gave his legal opinion that he didn’t see a problem statutorily with an interfund loan. An opinion letter was received from the city’s auditor, Gary Pohlmann, that states, “Transfers between governmental and enterprise funds are sometimes considered loans (usually at little or no interest rate) to be paid back at some later date. This is done because of a future need for the funds or to prevent funds collected from taxes to subsidize a fund supported by user charges.” The letter also states that transfers between funds are permitted with council approval. This applies to transfers between general funds, special revenues and enterprise (proprietary) funds. Funds probably wouldn’t have to be borrowed until next spring. Eric said he could request a schedule of payment from the contractor so the city would know when the money would need to be available. The attorney said the resolution could state any conditions agreed upon for the loan. Petrzilka moves, Derby seconds to proceed with interfund borrowing from the Care Center fund to the general fund to pay for the water improvements and a resolution be prepared for such transaction at a later date. Motion carried by unanimous roll call vote of those attending.

Eric recommends awarding the bid for the water treatment facility at the next regular city council meeting when change orders discussed and contracts will be prepared. The award of the bid for the water treatment facility was tabled until the July 11, 2007 meeting.

Roloff Construction had stopped to talk to Dan over the weekend about paving Depot Street in one long pour and whether that would benefit the city in any way. After talking to the man in the office that schedules their work, he realized they couldn’t squeeze it in until October, so that is not an option. Dan also spoke to another contractor that has equipment to pour curb and gutter with a laser attached. With the small amount of fall on that street, the accuracy of that equipment might be beneficial for the city.

Derby moves, Petrzilka seconds to enter executive session at 8:40 p.m. to discuss real estate strategy for the Ahl/Albert property south of town. Mayor Mueller restated the reason for the executive session being strategy session with respect to real estate; the Ahl/Albert property south of town. Motion carried by unanimous roll call vote of those attending.

Petrzilka moves, Derby seconds to exit executive session at 8:50 p.m. Motion carried by unanimous roll call vote of those attending.

Derby moves, Petrzilka seconds to adjourn the meeting at 8:50 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 

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