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A regular meeting of the City Council of the City of Louisville was held on Thursday, May 15, 2008, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Clete Petrzilka, Roger Behrns, Steve Sherman and Bob Derby. Also present were City Attorney Roger Johnson, City Supervisor Dan Henry and several guests. Mayor Mueller 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 Mueller called the meeting to order and asked the Council to review the consent agenda. Petrzilka moves, Sherman seconds to approve the consent agenda with the exception of the Eriksen Construction claim for the water treatment facility and the Sargent Drilling claim for the municipal well fields. Motion carried by unanimous roll call vote.

 

Kari Wockenfuss reported for the Louisville Care Community. The Care Center is at full capacity and the assisted living has 14 units rented at this time. The state and federal surveyors were in the facility last month and results will be available in the next week or so. Only minor deficiencies were noted. The garage is coming along fine. A health fair will be held on May 17th during Air Your Art in Louisville and the Care Community is allowing B.U.I.L.D. to use the bus for shuttle service on that day.

 

Mayor Mueller nominated Bill Nessen, at the Care Center Board’s recommendation, for the Care Center Board. Petrzilka moves, Derby seconds to approve the appointment of Bill Nessen to fill the vacancy on the Care Center Board caused by Ed Kasl’s resignation until July of 2009. Motion carried by unanimous roll call vote.

 

A written library report from the library board was presented.

 

Cory Chubb was present to request a special designated liquor license for a beer garden on June 28, 2008 from 2:00 to close at Good Times in the parking lot behind the building. He stated it was a benefit for Bob Heanue’s family for funeral and medical costs. They are estimating 200 motorcycles for this event. Behrns moves, Derby seconds to approve the special designated liquor license contingent upon all necessary documents being received. Motion carried by unanimous roll call vote.

 

Cory is also requesting reserved parking for the same event. He has already spoken to all of the business owners that will be affected. Petrzilka moves, Derby seconds to approve reserved parking stalls on June 28, 2008 from 4:00 p.m. to close from Salon Envy south on the  west side of Main Street and around the corner on 3rd Street to the alley. Motion carried by unanimous roll call vote.

 

John Hassett was present to discuss a contract with Advanced Gaming Technologies and the city regarding KENO. A sample contract was provided and John explained the concept and procedures. The city receives 8% and pays 2% back to the state. The operator’s commission is 14% and the pay out is 78%. The ordinance to be discussed later has to be approved and published before this contract can be entered into according to advice from the City Attorney. There was a lengthy discussion concerning player eligibility. The City Attorney stated that our code book already addresses that point and can be amended if agreed upon. John presented samples of ordinances and resolutions from other towns. A second city council meeting will be held on May 27th to finish this business. There was a brief discussion about the audit and paperwork involved with KENO.

 

Property condition complaints were discussed. Unlicensed cars, junk cars, dead trees and trash in yards are becoming problems. A complete list of violators will be compiled. A reminder will also go out in the next newsletter to the residents or a news item in the paper as a first step.

 

Petrzilka moves, Behrns seconds to approve pay application #4 to Sargent Drilling for the municipal wells in the amount of $55,947.69. Motion carried by unanimous roll call vote.

 

Behrns moves, Derby seconds to accept the bid from Louis Riha for the purchase of the street sweeper in the amount of $1,051.50. Motion carried by unanimous roll call vote.

 

There was a discussion regarding LB245 that was recently passed which requires cities over 1000 to fluoridate the drinking water. The residents can vote NOT to inject fluoride. Louisville already injects fluoride and it isn’t a huge expense. No council action was taken.

 

Derby moves, Sherman seconds to approve change order #5 from Eriksen Construction for the water treatment facility for emergency lights as required by the state fire marshal, an electrical outlet and chemical tanks in the amount of $9,924.83.  Motion carried by unanimous roll call vote.

 

Behrns moves, Petrzilka seconds to approve pay application #10 for Eriksen Construction for the water treatment facility in the amount of $293,142.00. Motion carried by unanimous roll call vote.

 

The water rate discussion was moved to executive session as it pertains to ongoing negotiations with Rural Water.

 

Behrns moves, Derby seconds to approve change order #4 for Sargent Drilling for an additional flow meter at the well field in the amount of $4,818.00. Motion carried by unanimous roll call vote.

 

No action was taken on economic development fund rebates.

 

Ordinance #803 regarding bidding and contracts was laid over to the next meeting.

 

Behrns moves, Derby seconds to introduce, by title only, and suspend the three required statutory readings of Ordinance #805; Adopting a one and one-half percent sales and use tax to become effective October 1, 2008. Motion carried by unanimous roll call vote. Behrns moves, Derby seconds to adopt, by title only, Ordinance #805. Motion carried by unanimous roll call vote.

 

Behrns moves, Derby seconds to introduce, by title only, and suspend the three required statutory readings of Ordinance #806; to enact regulations regarding lotteries. Motion carried by unanimous roll call vote. Petrzilka moves, Behrns seconds to adopt, by title only, Ordinance #806. Motion carried by unanimous roll call vote.

 

The personnel policy update was tabled until the August meeting.

 

Mayor Mueller had been approached in the last month about the drainage work according to the study done in 2005 from Elm to Vine south of 7th Street. Dan stated that some of the brush has been cleared and described the rest of the problems, including tubes under the streets and private property. The work would go through seven properties and the railroad. Easements were discussed. Mayor Mueller will talk to the property owners and work on obtaining easements.

 

Dan reported for streets, water and wastewater. A written sheriff’s report was circulated.

 

Derby moves, Sherman seconds to enter executive session at 8:25 p.m. for the protection of public interest to discuss legal issues related to the water rate negotiations with Rural Water. Motion carried by unanimous roll call vote. Mayor Mueller reiterated the reason for the executive session. Petrzilka moves, Behrns seconds to exit executive session at 9:29 p.m. Motion carried by unanimous roll call vote.

 

Derby moves, Berhns seconds to adjourn the meeting at 9:30 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