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March 14, 2012                                                                                                           Louisville, NE

A regular meeting of the City Council of the City of Louisville was held on Wednesday, March 14, 2012, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Roger Behrns, Jerry McClun, Clete Petrzilka and Randy Jensen. Also present were City Attorney Roger Johnson, City Supervisor Dan Henry. 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. Jensen moves, Petrzilka seconds to approve the consent agenda. Motion carried by unanimous roll call vote.

Daniel Huebner was present to ask permission to sell fireworks at a new downtown location. Mayor Mueller stated that typically, the council has approved only non-profit organizations in the past. Mr. Huebner stated that he would certainly give back to the community in some way and that competition is a good thing for sales. City Attorney Johnson advised that the city could not limit the number of permitted fireworks sellers. Mr. Huebner needs to complete an application and present it to the city council at the next meeting.

Behrns moves, Jensen seconds to approve change order #4 from US Asphalt for an increase of $178,196.51 for additional overlay on various streets. Motion carried by unanimous roll call vote.

McClun moves, Petrzilka seconds to approve the contract with JEO for comprehensive plan update in the amount of $24,750. Motion carried by unanimous roll call vote. A grant has been applied for that will cover 50% of the cost. It was discussed that the housing study portion of this comp plan will be very helpful as will the goals and objectives based on public input portion.

Mayor Mueller reported for the Care Center. They are planning their 40th Anniversary with an Open House on June 3, 2012. They just completed their first meeting on the hall remodel/update. There was a lengthy discussion regarding limiting all bidders and/or contractors to be “health care qualified.” The City Attorney stated that the specs could clearly state the qualifications. The question arose as to what constitutes “health care qualified” contractors and is there some sort of certification and is it mandated by the State? The concern is that this restriction will limit the bidders and increase the cost. It became clear that it is the architect’s responsibility to make the plans specific and in the end certify that the work was done according to specs. It shouldn’t have anything to do with the contractors being health care qualified. They should be doing the work according to the specific plans. The architect’s responsibility is to make the plans perfect. The architect also needs to do the inspections and verify the plans are being followed. The architect needs to present qualifications from the beginning. The City Attorney asked if there was a contract with the current firm. Mayor Mueller will check on the contract, ask whether this firm will do inspections and put the bid specs together, what is the certification to become “health care qualified” contractor. The council wants the architect to write the specs to a certain level and make sure the architect knows it’s their responsibility to make sure the contractors complete the work to that level.

Seminole Natural Gas Sales Agreement was discussed at length. Mayor Mueller explained the concept and its relationship to Black Hills Energy. LCC currently has an agreement with Constellation. Seminole approached the Care Center and also agreed to add all city owned property to an agreement. Since the total amount is over $20,000 for the contract timeframe and it’s possible there are other companies that provide the same service, the council considered taking bids. There were several concerns. Mayor Mueller stated that the City of Lincoln went out for bids for natural gas. The City of Lincoln will be contacted for their specifications. There was another lengthy discussion about the procedure for the Care Center to sign and execute contracts. The contract with Constellation will be canceled at the next council meeting, specs will be made and approved, specs will be sent out for bids, presentations will be made by the bidders and a contract awarded in the near future. No council action was taken at this time.

McClun moves, Jensen seconds to consider acknowledgement that Chubb Enterprises, Inc. has satisfied all conditions of the economic development agreement dated October 5, 2006 and to approve release of the deed of trust and execute the deed of reconveyance. Motion carried by unanimous roll call vote.

A tree dumping solution was discussed. Several suggestions were made and considered. Dan has worked out an agreement with Gretna Sanitation to grind the material, but they only want to do it once a year. Since the tree dump area has been closed, it’s possible that residents are less likely to abuse the opportunity. A very strict newsletter will be mailed out stating the rules and that this solution will be taken away if abused again. McClun moves, Jensen seconds to approve reopening behind the elevator with signage to indicate new rules for tree dumping and install a road to proposed area. Motion carried by unanimous roll call vote.

Nuisance procedures have begun on the property at 82 Walnut. McClun moves, Jensen seconds to direct the city supervisor to contact the sheriff and have the vehicles towed, clean up the property and have the costs assessed to the property starting Monday, March 19, 2012. Motion carried by unanimous roll call vote.

A bid was received for siding the north side of the city office. It was decided to paint, possibly by someone who needs to complete community service. No council action taken.

Behrns moved, McClun seconds to approve the hiring of Darla McDonald as library director. Motion carried by unanimous roll call vote.

Behrns moves, Petrzilka seconds to approve the appointments made by Mayor Mueller for the Louisville Housing Agency; Don Tietjen until June 30, 2012, Dennis Barnes until June 30, 2013, Terri Scholting until June 30, 2014 and Phil Pankonin until June 30, 2015 retroactive to when their term expired. Motion carried by unanimous roll call vote. Statutorily, one of the members of the housing agency has to be a resident of the apartments. Mayor Mueller will make the last appointment at the next meeting.

Behrns moves, Jensen seconds to send a letter to terminate the contract with Comm Clean with 30 days proper notice and pursue other options. Motion carried with unanimous roll call vote.

No update for the rural fire agreement.

No update for Charter Communication.

No update for UP Railroad property.

Jensen moves, Behrns seconds to introduce by title only and suspend the three required statutory readings of Ordinance #870; wages and benefits for city employees and appointed officials. Motion carried by unanimous roll call vote. McClun moves, Jensen seconds to adopt Ordinance #870 by title only. Motion carried by unanimous roll call vote.

A written sheriff’s report was circulated. Dan reported for water, wastewater and streets. He gave an update on the maintenance employees. Mayor Mueller gave an update on Otoe County Rural Water hookup progress.

Behrns moves, Jensen seconds to adjourn the meeting at 9:03 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