City Council Minutes - April 9, 2008

A regular meeting of the City Council of the City of Louisville was held on Wednesday, April 9, 2008, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Clete Petrzilka, Roger Behrns and Bob Derby. Council Member Steve Sherman was absent. Also present were City Attorney Roger Johnson 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 with the exception of the Eriksen Construction claim for the water treatment facility. Roll call vote: ayes – three, absent – one. Motion carried.

Darlene Petrzilka, LCC Board President, reported for the Louisville Care Center. A brochure has been prepared for a health fair to be held on May 17, 2008 during “Air Your Art in Louisville” sponsored by Blake’s Pharmacy, Louisville Family Dental, Methodist Physicians Clinic and the Care Center. The replacement of a bathtub was discussed. TV cabling was discussed and will be repaired. Advertising for the assisted living was also discussed. Kari Wockenfuss announced at the LCC meeting earlier tonight that she will be moving to Weeping Water.

Bids for the Care Center garage were reviewed. There were only three bids, and all were for different phases of construction. Behrns moves, Petrzilka seconds to accept the following bids for work on the Louisville Care Center garage: Simonson Masonry for brickwork in the amount of $0.75/brick, Heritage Construction for framework in the amount of $12,500.00, and Upton Construction for footings and concrete work in the amount of $8,691.93. Roll call vote: ayes – three, absent – one. Motion carried.

Ed Kasl’s resignation from the Care Center Board has not been accepted because of wording on the Care Center’s agenda. The appointment of a replacement was tabled until the May meeting.

A written report from the library was circulated.

Margaret Plusquin has requested a reimbursement or partial reimbursement for work done to her water service line. Mayor Mueller and City Supervisor Dan Henry gave a brief history. Her water line is an isolated line from the water tower with a curb stop at the tower. Ideally, now that a water main goes right by her house, she should tap on right where it comes in front of her house with a curb stop at her property line. The owner’s responsibility is from the curb stop. Her leak was by her house. Her argument was that she granted an easement through her property for the water line that goes to Timber Ridge and she didn’t ask for any compensation. It was explained to her that if there had been a cost it would have been passed to the developer and the city wouldn’t have been out any money. City Attorney Johnson stated that the City’s ordinances are very clear that the owner’s responsibility is from the curb stop and the council would be in violation of the ordinance to grant the reimbursement request and it is his recommendation to follow the ordinance. Petrzilka moves, Derby seconds to deny the request for reimbursement to Margaret Plusquin for water service line repairs. Roll call vote: ayes – three, absent – one. Motion carried.

Behrns moves, Derby seconds to approve pay application #9 for Eriksen Construction for the water treatment plant in the amount of $295,555.66. Roll call vote: ayes – three, absent – one. Motion carried.

A $500,000 certificate of deposit for the Care Center is maturing on May 16, 2008. The bond proceeds for the water improvements are becoming depleted. Work, including costs, yet to be completed was discussed. Derby moves, Petrzilka seconds to transfer $500,000 from the Care Center fund to the water fund as interfund borrowing. Roll call vote: ayes – three, absent – one. Motion carried.

Jeanne Anderson requested her sewer rate be adjusted because she uses excessive water in the winter for freeze protection at the car wash. Sewer rates are bases on average water consumption in January, February and March because those are typically the lowest usage months. It was mentioned that when Jeanne leaves the water running in the winter, it goes down the drain and to the sewer plant. As opposed to other residents who use more water in the summer, it goes on their lawns and doesn’t go through the sewer plant. No council action was taken.

Junk and unlicensed vehicles were discussed. An anonymous complaint was received at the city office and Council Member Behrns suggested that a formal complaint form should be available and no complaints accepted without a signature. It was agreed that junk and unlicensed vehicles in the city is definitely a problem. It was also agreed that if something is going to be done, it needs to be consistent across town. This issue is in the nuisance codes and procedures are set by ordinance. Further action will be taken as soon as a complete list has been assembled.

Behrns moves, Derby seconds to accept the financial statement for year ending 9/30/07 and the report will be on file at the clerk’s office. Roll call vote: ayes – three, absent – one. Motion carried.

Entering into a contract for street sweeping was discussed. Dan found a company that would be willing to do every street in town that includes one pass on each curb for $2,500.00. B & W Co. would be available the last week in April. Derby moves, Petrzilka seconds to approve a contract with B & W Co., Inc. for street sweeping for $2,500.00. Roll call vote: ayes – three, absent – one. Motion carried.

Mayor Mueller laid over Ordinance #803; Amend Ordinance 1-508 regarding contracts and bidding until the May meeting.

Behrns moves, Derby seconds to introduce by title only and suspend the three required statutory readings of Ordinance #804; Penalties for violating traffic regulations, abandoned vehicles, parking, bicycles, minibikes, snowmobiles, motorcycles, all-terrain vehicles and mopeds. Roll call vote: ayes – three, absent – one. Motion carried. Petrzilka moves, Derby seconds to adopt by title only Ordinance #804. Roll call vote: ayes – three, absent – one. Motion carried.

The personnel policy update has been laid over until the May meeting.

Dan reported for the street department. He will be getting costs for parking lane striping. He agrees with the street repair projects discussed at the last meeting. With the completion of the water treatment facility, all the street projects may not get done this summer. The council believes the 5^th and Main project is a priority.

The negotiations for water rate with Rural Water were moved to executive session. Dan updated the council on progress of the water treatment facility and the wells.

Dan reported for the wastewater department. Some of the sidewalks at the sewer plant will have to be replaced.

A written sheriff’s report was circulated. There was a verbal complaint about parking on the corner of 3^rd and Main and having to pull way out into the intersection to see. Mayor Mueller will talk to the owner. No council action taken.

Behrns moves, Derby seconds to enter executive session at 8:15 p.m. for the protection of public interest to discuss legal issues related to the water rate negotiations with Rural Water. Roll call vote: ayes – three, absent – one. Motion carried. Mayor Mueller reiterated the reason for the executive session. Derby moves, Petrzilka seconds to exit executive session at 9:19 p.m. Roll call vote: ayes – three, absent – one. Motion carried.

Mayor Mueller reminded the council about the Cass County meeting on developing mutual cooperation and communication with the government entities on April 17^th at 7:00 p.m.

Mayor Mueller also wanted the council to be aware that the Cass County Economic Development Council is thinking about hiring a full time director and may be asking the cities to contribute monetarily.

A second meeting in April will be held on the 4^th Wednesday to continue the discussion of negotiations with Rural Water for water rates.

Petrzilka moves, Berhns seconds to adjourn the meeting at 9:35 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