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A regular meeting of the City Council of the City of Louisville was held on Wednesday, August 13, 2008, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Clete Petrzilka and Bob Derby. Council Members Steve Sherman and Roger Behrns were absent. 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 noted that there was a lack of quorum. Petrzilka moves, Derby seconds to adjourn the meeting until Wednesday, August 20, 2008 at 7:00 p.m. at City Hall to compel the attendance of the other members. Mayor Mueller acknowledged the motion and announced that the meeting is adjourned until Wednesday, August 20, 2008 at 7:00 p.m. at City Hall.

 

The meeting was continued on Wednesday, August 20, 2008 at 7:00 p.m and called to order by Mayor Alan Mueller. Council Members Clete Petrzilka, Roger Behrns and Bob Derby were present. Council Member Steve Sherman was absent. Also present were City Attorney Roger Johnson, City Supervisor Dan Henry and several guests. Business was conducted with a quorum present. 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.

 

Petrzilka moves, Behrns seconds to approve the consent agenda with the exception of the planning commission minutes and the Eriksen Construction claim. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Kari Wockenfuss reported for the Louisville Care Center. Kari spoke on behalf of the residents and staff regarding the $500,000 transfer from Care Center funds to the city water fund. Kari asked that an agreement be signed for repayment of the transfer and that a fair interest rate be paid. Council Member Behrns complimented the Care Center on their excellent service and stated that the city wouldn’t do anything to jeopardize their existence in Louisville. Mayor Mueller stated that a meeting is planned between some of the Care Center Advisory Board and representatives of the city council to work out an agreement.

 

Cory Chubb was present to request reserved parking for a poker run to benefit Multiple Sclerosis on September 20, 2008 from noon to 6:00 p.m. at Good Time Saloon. Cory has requested the west side of Main Street from the walkway by the library, south and around the corner on 3rd Street to the alley. He would also like the parking spots in front of the bank. Derby moves, Petrzilka seconds to approve the request for reserved parking as stated. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Lindsey Puopoll was not in attendance so the discussion regarding property zoning and use on Kiser Road was tabled until the September meeting.

 

Candy McClun was present to request assistance on her water bill because of the water main work in her yard. They have had to water extensively and think they shouldn’t have to pay over and above what they paid previously to get their yard back to the way it was. Derby moves, Behrns seconds to adjust Candy and Jerry McClun’s utility bill back to $91.95 for the next bill. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Derby moves, Petrzilka seconds to renew the Cedar Creek Rescue Agreement with the amount of $6,350 inserted for the year. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Jeanne Anderson requested an adjustment to her sewer rate at the car wash because sewer rates are calculated according to water usage during January, February and March. This is typically the time when customers aren’t using as much water, but in Jeanne’s case, it’s when she uses the most water because of a weep she has to run in the winter. She would like the council to consider using her yearly average to figure her sewer rate instead. Petrzilka moves, Behrns seconds to approve that the car wash use the yearly average water usage to calculate the sewer rate effective on the next utility billing. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Derby moves, Behrns seconds to approve the specifications from Sargent Drilling for Well 2000-1 rehabilitation and pump replacement in the amount of $11,857.83. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Derby moves, Petrzilka seconds to approve the specifications from Sargent Drilling for Well 2000-1 discharge piping and electrical improvements in the amount of $13,087.69. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

The preliminary budget was discussed for the city and the care center including capital expenses and compensation. New city equipment includes a pickup, a bobcat trade and office computer equipment. No public comment was made. The valuations from the county will determine the mill levy but should remain comparable to last year.

 

Behrns moves, Derby seconds to approve the closing of 2nd Ave. Cr. on August 23, 2008 from 4:00 p.m. to midnight for a block party. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Derby moves, Petrzilka seconds to approve the appointment of Roger Behrns as city council representative to the Economic Development Application Review Committee for a one year term effective April 2008. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Berhns moves, Petrzilka seconds to approve the appointment of Terri Scholting and Steve Rose for two year terms to the Economic Development Application Review Committee effective April 2008. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Petrzilka moves, Berhns seconds to approve change order #6 from Eriksen Construction for a net increase of $5,852.70 for reworking piping for clear well mag meter and installation of additional emergency lighting. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Derby moves, Petrzilka seconds to approve pay application #13 from Eriksen Construction for the water treatment facility in the amount of $43,107.74. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Shortage of funds for the water treatment plant was discussed. There is an approximate shortage of $92,000. City Attorney Johnson studied the economic development plan and in his opinion, those funds are available for infrastructure improvements. This issue was tabled until the next meeting.

 

John Plucknett was present with requested changes to the agreement between the city and Cass County Economic Development Council. The changes were discussed individually. Petrzilka moves, Behrns seconds to approve the agreement with CCNEDC as amended and authorize the Mayor to execute. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Excess funds from the Community Redevelopment Authority were discussed. There was some question as to whether the excess funds were the city’s or the bank’s and whether the bond has been paid off. The agreement was reviewed and it was agreed the excess funds could be used anywhere in the blighted area. Behrns moves, Derby seconds to use the excess funds in the CRA account for consideration on applications in the blighted area. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

The agreement between the City and Dave & Coreen Tietjen for leasing the property adjacent to their property at 807 Grandview Drive was discussed. They have provided liability insurance of $300,000 and listed the City of Louisville as an additional interest on their policy. Mayor Mueller wanted the council to be aware that this limit is less than the city’s standards. Behrns moves, Petrzilka seconds to accept the $300,000 liability limit and amend the lease agreement with Dave & Coreen Tietjen by adding language to prohibit holding an event that will lessen the exposure on the property. Roll call vote: ayes – three, absent – Sherman. Motion carried.

 

Kari Wockenfuss reiterated that the Care Center and Advisory Board would like something in writing regarding the interfund transfer. Mayor Mueller stated that he would like to wait until May 2009 to discuss the repayment, until after the City gets a bearing on the KENO money, sales tax money and negotiations with Rural Water. He had already agreed to meet with Kari and representatives from the Care Center Advisory Board and the City Council and hopefully that meeting can be held in September. Kari & Doris Hohlmann said they’ll need something in writing for the auditors. The city clerk will call the accountant and see what is necessary. The discussion was tabled until the next meeting.

 

Mayor Mueller and Senator Pankonin updated the council and audience on the Louisville South Highway 66 Bypass.

 

City Supervisor Dan Henry reported for water, wastewater and streets. He reported that lab tests came back on the water out of the new treatment facility with no detect on iron and no detect on manganese. He also reported that the high service pump wasn’t functioning properly today. The manufacturer has been notified. Dan reported that isolation valves are still being installed. They only have one more valve to install on the west side of town. The water line to the care center has been completed. The Care Center now has water coming from both directions eliminating down time. He reported a water main break at the corner of 4th and Oak Streets. The valves in the area allowed them to isolate the area to fix the break.

 

A fence around the well field was discussed. Grants are available, but not at this time. Dan doesn’t believe it’s a requirement from Health & Human Services, but he’ll check on that. The fence installation has been tabled until we hear from HHS about the requirement.

 

Petrzilka moves, Derby seconds to adjourn the meeting at 8:55 p.m. Roll call vote: ayes – three, absent – Sherman. 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