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May 13, 2009                                                                                                  Louisville, NE

 A regular meeting of the City Council of the City of Louisville was held on Wednesday, May 13, 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, Derby seconds to approve the consent agenda. Motion carried by unanimous roll call vote. Kari Wockenfuss reported for the Louisville Care Center. The State Health Survey has been completed with favorable results. The west bathhouse remodel is the next project to be completed. The roof project has a projected completion date of May 23, 2009. Some clarification was made on the financial statements regarding budgeted items and number of nurses per patient ratio. Occupancy of assisted living was discussed as well as advertising. This is being done by inviting area Senior Centers to lunch. The interfund transfer from the Care Center funds to the water funds for payment on the water treatment facility was discussed. Mayor Mueller stated that the options for repayment are: raising the water rates, raising taxes, or cutting salaries. Two of those things have already been done. Until Otoe County Rural Water hooks up and starts buying water, there isn’t really anything the city can do at this point. The connection with Rural Water could be as long as a year away. This matter has been tabled until May 2010.  Behnrs moves, Derby seconds to approve closing of the alley east of Main Street between 3rd and behind the city office from 7:00 a.m. May 16, 2009 to 7:00 p.m. May 17, 2009 for the Art Gallery’s Thrown and Blown Art Fair. Motion carried by unanimous roll call vote.  The attorney was directed to prepare a resolution to install 15 minute parking signs at designated stalls on the west side of Main Street between 1st and 2nd Streets for the next meeting.  Behrns moves, Derby seconds to authorize the Mayor to sign any necessary documentation for the expansion of Good Times to include a beer garden behind the existing building unless there is a requirement for a public hearing. Motion carried by unanimous roll call vote.  Derby moves, Petrzilka seconds to approve permission for B.U.I.L.D. to sell fireworks sponsored by Bellino Fireworks from June 25, 2009 to July 4, 2009 in the empty lot behind Taylor Quik Pik. Motion carried by unanimous roll call vote.   Derby moves, Jensen seconds to approve the attendance of the clerk to the Municipal and Accounting Finance Conference on June 17-19, 2009 in Kearney and authorize expenditure of all costs. Motion carried by unanimous roll call vote.  The fine waiver schedule was discussed. Some changes; increases and setting minimum fines, will be made and presented at the next meeting in ordinance form. Levi Krause presented the fire/rescue report. The department is still working on recruiting and Levi brought some more applications for the city office. He encouraged the council to keep recruiting too. Levi asked about the back-up response policy. He wanted to make sure the wording was sufficient and wanted the council to be aware of the policy.  Judy Robbins was in attendance to ask about water rates. A history of her consumption will be reviewed.  Maguire Iron, Inc. cleaned the water tower last October and they presented a contract for a maintenance agreement for continual cleaning. Dan would like to renegotiate the contract by stretching out the cleanings to less frequently than annually. The contact will be discussed at the next meeting. Petrzilka moves, Behnrs seconds to approve the agreement with Nebraska WARN; Water and Wastewater and Stormwater Mutual Aid Agreement. Motion carried by unanimous roll call vote.  Mayor Mueller updated the council on the payment of in lieu of taxes from the Louisville Housing Authority. He is still investigating the situation and will report again next month.  There was an update on the dog complaints on Walnut Street. A citation was issued and the owner did not appear in court as requested. City Attorney Johnson explained the procedure to follow.  Petrzilka moves, Jensen seconds to separate the fire and rescue department work comp liability from the city’s policy and add to the department’s policy. Motion carried by unanimous roll call vote.  Behrns moves, Derby seconds to approve Resolution 09-10; directing the sale of public property legally described as Original Town except E 20’ of N ½ of Lot 738 and the E 20’ of Lot 736 to Lot 738 with a minimum bid of $850.00 while maintaining a utility easement. Motion carried by unanimous roll call vote.  Jensen moves, Derby seconds to introduce by title only and suspend the three required statutory readings of Ordinance #822; wage and benefits for city employees an elected officials. Motion carried by unanimous roll call vote. Petrzilka moves, Jensen seconds to adopt by title only Ordinance #822 Motion carried by unanimous roll call vote.  Ordinance #823; Louisville Care Center board duties was tabled until the next meeting.  Behrns moves, Derby seconds to introduce by title only and suspend the three required statutory readings of Ordinance #824; water and sewer rates and fees. Motion carried by unanimous roll call vote. Petrzilka moves, Jensen seconds to adopt by title only Ordinance #824. Motion carried by unanimous roll call vote.  Dan reported for water, wastewater and streets. The crew plans to start the alley between Cherry and Main south of 5th next week. Dan explained the procedure he plans to use for the rest of the alley project. Dan and Mayor Mueller met with the school board and they agreed to pay for half the engineering and the materials to reroute the water line west of the school.  A written sheriff’s report was circulated.  Jensen moves, Petrzilka seconds to adjourn the meeting at 9:10 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