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A regular meeting of the City Council of the City of Louisville was held on Wednesday, February 11, 2009, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Roger Behrns, Clete Petrzilka and Bob Derby. Randy Jensen was absent. 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, Derby seconds to approve the consent agenda. Roll call vote: ayes – three; absent – one. Motion carried.

 

Council Member Jensen entered at 7:01 p.m.

 

Petrzilka moves, Jensen seconds to open the public hearing for the consideration of the One & Six Year Road Plan. Motion carried by unanimous roll call vote. There was no public comment or objections. Derby moves, Petrzilka seconds to close the public hearing at 7:02 p.m. Motion carried by unanimous roll call vote.

 

Kari Wockenfuss reported for the Care Center. They are currently going through an accreditation process regarding tube feeding per government regulations.

 

Care Center Board Representative Bill Nessen explained to the City Council the architect’s recommendation for the roof project to create an air pocket between the existing roof and the new roof. This air pocket would be necessary to make the warranty on the new roof valid. Derby moves, Petrzilka seconds to proceed with the publication for the Louisville Care Center roof project. Motion carried by unanimous roll call vote.

 

Behrns moves, Petrzilka seconds to approve the expenditure of $314.00 for the City Attorney to attend the League of Municipalities Winter Conference on February 23-24, 2009. Motion carried by unanimous roll call vote.

 

The Annual Library Report was tabled until the March meeting.

 

Mayor Mueller updated the city council on the status of the Cedar Creek Rescue Agreement; the amount has been paid in full and all signatures have been executed.

 

Mayor Mueller thanked the audience for attending to discuss the proposed alley project between Cherry and Main Streets, from 3rd south to 6th Streets. He gave a brief history of maintenance issues and he stated that he’d been approached by several property owners to do something about the alley. Dan had done some preliminary measurements and estimates of the project. The city would withstand the labor and the property owners the material costs and he estimates approximately $11 per linear foot for materials. Drainage was a concern voiced by several property owners. Dan stated that the alley would be designed lower in the middle to help with drainage. The project would stop at the north end where the alley had been vacated, which is 30’ from the property line at the north end at 3rd Street (approximately 45’ from the curb.) Sewer lines in the alley were also discussed. Dan and Mayor Mueller answered several questions about the proposed design. The audience members gave some suggestions for design. Mayor Mueller stated that what the council is looking for tonight is public comment to say “good idea” or “don’t even waste your time.” Public comment was made by Don Duffy, Russ Sheehan, Larry Boardman, Bob Copple, Tom Frederickson, Dick Frederickson, Bill Lueder and Rod Petersen. Also in attendance were Greg Scholting, Joe Faubion and Sean Minahan for Easy Street Investments. Another subject discussed was the possibility of no parking on Cherry Street because of the congestion around the school during drop-off and pick-up times. The city felt that with better access to the alley, maybe more would be willing to park off-street. The school is in the process of maybe making some changes to the flow of traffic that might alleviate the problems. The process of assessing the cost was discussed. Typically, the property owner can pay all the cost within the first 50 days interest free. Or the cost can be assessed through property taxes over a certain number of years (probably five years) at a set interest rate. There will be a notice published stating that if property owners representing over 50% of the linear feet object in writing, the project would not go forward. There will also be a public hearing at the next meeting for more discussion. The consensus of the attending property owners was to go ahead with the project.

 

Petrzilka moves, Derby seconds to approve Resolution 09-03; to adjust mileage reimbursement to $0.55 per mile. Motion carried by unanimous roll call vote.

 

Petrzilka moves, Jensen seconds to approve Resolution 09-04; the acceptance of the One & Six Year Road Plan. 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 #820; the formation of paving district for alley adjacent to Lots 115-132 and Lots 185-202, inclusive, Original Town, Louisville, NE. Motion carried by unanimous roll call vote. Behrns moves, Derby seconds to adopt by title only, Ordinance #820. Motion carried by unanimous roll call vote.

 

Petrzilka moves, Jensen seconds to approve Resolution 09-05; to set hearing for March 11, 2009 at 7:00 p.m. to determine the sufficiency of the written objections filed objecting the creation of Alley Improvement District No. 2009-1. Motion carried by unanimous roll call vote.

 

A written sheriff’s report was circulated. There were no reports for Fire and Rescue.

 

Dan Henry reported for water, wastewater and streets.

 

Petrzilka moves, Derby seconds to enter executive session at 7:55 p.m. regarding legal and contractual issues related to various interlocal agreements. Mayor Mueller reiterated the reason for the executive session. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to exit executive session at 8:47 p.m. Motion carried by unanimous roll call vote.

 

Derby moves, Behrns seconds to adjourn the meeting at 8:48 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