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A regular meeting of the City Council of the City of Louisville was held on Wednesday, January 14, 2009, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Roger Behrns, Clete Petrzilka, Randy Jensen 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, Jensen seconds to approve the consent agenda. Motion carried by unanimous roll call vote.


John Yocum, Director of Cass County Economic Development Council, was present to introduce himself and let the city council know of the goals and focuses of CCNEDC. John talked about the connection with the Greater Omaha Chamber of Commerce, shared some publications, and talked about procedures to procure businesses and retain businesses in the County. He let the city council know of the upcoming investor’s meeting on February 11, 2009 at 5:00 p.m. at Slattery’s Winery by Nehawka.


Levi Krause and Jason McClun reported for fire/rescue. They gave annual call reports. They had 128 rescue calls and 61 fire calls last year. These numbers continue to grow every year. Levi talked about the importance of continued recruitment. He would like the council and city employees to talk to everyone they see about joining the department. They have other avenues to pursue as well such as info included with quarterly newsletter that goes out with the utility bills. Levi plans to have packets available in the near future for recruitment. The council asked Levi’s opinion about Cedar Creek’s request for a quarterly report for calls to Cedar Creek. Levi doesn’t know why they’d need it quarterly; annually should be sufficient. Jason reported that the department received a $25,000 grant for a new Jaws of Life last year. He reported about the upcoming projects for the year.


Troy Johnston was present from JEO as the street superintendent to review the One & Six Year Road Plan. He gave brief history, details and procedures of the State’s requirements of the Plan. The projects on the plan are really just a wish list for the future. The projects were reviewed. No changes were made.


Bond refunding proposals were made by Ameritas and D.A. Davidson. John Tresek from Ameritas stated that he has worked with the City of Louisville for 22 years and admitted he may not communicate as well as he should, but he reassured the council that he reviews the bonds quarterly for refunding possibilities. He presented a spreadsheet showing a net savings of $67,946.56 by calling two separate bond issues and refunding. John stated that if the proposal is accepted, it will constitute a special meeting on Friday with these rates guaranteed. Cody Wickham and Craig Jones presented a proposal from D.A. Davidson. Their net savings for three bond issues combined was $46,711.97. This is not an exact number, because rates change daily. Petrzilka moves, Derby seconds to accept the proposal from Ameritas to refund the bond issues discussed and call a special meeting Friday, January 16, 2009 at 6:00 p.m. Motion carried by unanimous roll call vote.


John Trecek advised the council on the procedures to form a paving district. The district in question is the alley between Main and Cherry Streets running north and south from 3rd to 6th Streets. 4th Street between Cherry and the alley was discussed. The cost for that portion of the project is minimal, and Dan Henry suggests the City use sales tax money for that part. The rest of the project will be assessed to the property owners abutting the alley. It was clarified that the property owners have a right to object and if over 51% object, the district cannot be formed. It was suggested to send a letter to all involved stating the intention and invite them to the February meeting for discussion. The procedures were clarified.


Mayor Mueller has been contacted about the removal of the three 15 minute parking signs on the west side of Main Street between 1st & 2nd Streets. There was a discussion with a report from Mayor Mueller regarding the affected business owners. Jim Hrabik could not be contacted, but the other two businesses both want the signs removed. The ease for snow removal was also discussed. Behrns moves, Derby seconds to remove the signs as discussed effective January 15, 2009. Motion carried by unanimous roll call vote.


Council Member Derby requested the council consider the possibility of no parking on the corner of 3rd and Cherry Streets. Traffic during school pickup and drop-off times is very congested at that intersection. Options were discussed, such as limited parking during certain times of the day, or one-way traffic during certain times of the day. Safety is a definite concern. The possibility of the residents parking in the alley that will be improved will relieve some of the problem. It was suggested to mention the possibility of no parking on Cherry Street in the letter to be sent regarding the alley paving. No council action was taken at this time.


John & Marilyn Healey requested relief on their water bill because their water softener was malfunctioning and they used excessive water for three months. The clerk explained that they had been notified of the excessive use. The council feared setting a precedent for other requests of relief. The council felt the residents have the responsibility to review their water bills. No council action was taken.


Joe & Jamie Cook had e-mailed a request to upgrade the playground in the city park. They would like the approval from the city council to head up a program in which they would handle all of the fundraising, accounting and disbursement of funds. The council questioned the legality of them handling the funds. The council agrees that the city has to have control over the project. The availability of grant funds was discussed. A letter will be sent stating that the council is interested in the plan but a representative of the council will need to meet with them to explain that a city fund will have to be established and the city would have to oversee the plan and project.


The Cedar Creek Rescue Agreement was discussed. The Village’s attorney sent back the contract with changes for approval. At Levi’s suggestion, a narsis summary report could be generated for a year’s time on July 1st annually. Levi said that a quarterly report wouldn’t do them any good, because in one quarter there could be one call and the next quarter there could be ten. Having the report in July would give Cedar Creek time to review at their July meeting so the agreement could be signed in August. Derby moves, Petrzilka seconds to provide a report to Cedar Creek on an annual basis. Motion carried by unanimous roll call vote.


The alley paving project between Main & Cherry Streets and 3rd and 6th Streets was discussed. The cost to the property owners would be minimal. Letters will be sent to invite the owners to the February meeting for discussion.


Derby moves, Behrns seconds to introduce by title only and suspend the three required statutory readings of Ordinance #818; to vacate the south 160 feet of the north/south alley between Vine & Maple Streets and 4th St. and Koop Ave. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to adopt Ordinance #818 by title only. Motion carried by unanimous roll call vote.


The clerk reported that the Sr. Center hot water heater and/or plumbing need to be inspected. She also reported that the Girl Scouts are in the process of upgrading the basement of the Sr. Center at their own cost.


A written sheriff’s report was circulated. The contract with the sheriff will be reviewed at a future meeting.


Dan reported for water, wastewater and streets. There was a lengthy discussion regarding the state’s designation of the Platte River being fully appropriated.


The jagWire contract for wireless internet service on the water tower was discussed.


Mayor Mueller reported for the Care Center: the fire hydrant has been installed and a new whirlpool tub was purchased.


Derby moves, Petrzilka 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