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A regular meeting of the City Council of the City of Louisville was held on Wednesday, September 9, 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. Kari Wockenfuss reported for the Care Center. They plan to replace some furniture. Kari also requested a meeting with Mayor Mueller and another council member to discuss Ordinance #823 that the city council passed regarding Care Center Board duties. Advertising was briefly discussed. Brian Heard was present to represent the Rural Fire Board. A discussion was held to come up with an updated agreement between the rural board and the city.   The council was updated on the skateboard park. The concrete has been poured and equipment will be ordered. The equipment is a line item on the budget to be approved.  The speed bump on Walnut Street was discussed. The council talked about installation method, costs, maintenance and signage and decided they would try stop signs first. They will be installed and a resolution will be prepared for the next meeting.   Mayor Mueller nominated Dave Pankonin for the Care Center Board. Derby moves, Jensen seconds to approve the nomination of Dave Pankonin for the Care Center Board to fill the term caused by Jason Rohrs’ resignation. Motion carried by unanimous roll call vote. Mayor Mueller met with Eric Obert from JEO regarding the design of a new ball field at Ash Grove. They are going to give the city a rough estimate of costs for the project. The lease with Ash Grove will then be reevaluated.  The ambulance loan was discussed. Petrzilka moves, Derby moves to apply the maturing rescue cd and the Cedar Creek agreement payment to the ambulance loan balance.  Motion carried by unanimous roll call vote. Behrns moves, Derby seconds to approve the street closing request for the Homecoming Parade and pep rally on October 2, 2009 from 2:30 to 3:30 p.m. on Main Street and in front of the fire station. Motion carried by unanimous roll call vote. Jensen moves, Behrns seconds to open the budget hearing at 7:30 p.m. Motion carried by unanimous roll call vote. No public comment was made. Petrzilka moves, Jensen seconds to close the public hearing on the budget at 7:31 p.m. Motion carried by unanimous roll call vote. Behrns moves, Petrzilka seconds to introduce by title only and suspend the three required statutory reading of Ordinance #826, the annual appropriation bill. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to adopt and publish Ordinance #826 on third and final reading by title only. Motion carried by unanimous roll call vote.  Jensen moves, Behrns seconds to open the public levy hearing at 7:32 p.m. Motion carried by unanimous roll call vote. No public comment was made. Derby moves, Jensen seconds to close the public levy hearing at 7:33 p.m. Motion carried by unanimous roll call vote. Behrns moves, Petrzilka seconds to approve the allowable 2½% restricted funds base increase. Motion carried by unanimous roll call vote. Petrzilka moves, Jensen seconds to approve the additional 1% allowable restricted funds increase. Motion carried by unanimous roll call vote.  Jensen moves, Petrzilka seconds to approve Resolution 09-12 to set the property tax request at $383,010.00 for the fiscal year beginning October 1, 2009.  Motion carried by unanimous roll call vote.  Petrzilka moves, Derby seconds to temporarily adjourn as City Council at 7:35 p.m.  Motion carried by unanimous roll call vote. Jensen moves, Derby seconds to temporarily convene as Community Redevelopment Authority (CRA) at 7:35 p.m. Motion carried by unanimous roll call vote. Behrns moves, Jensen seconds to open the public budget hearing on the CRA at 7:36 p.m. Motion carried by unanimous roll call vote. John Plucknett asked how much was budgeted for continued loans to potential businesses. John was reminded this is the CRA fund not Economic Development. Derby moves, Jensen seconds to close the public hearing at 7:38 p.m. Motion carried by unanimous roll call vote. Derby moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #827, the annual appropriation bill for the CRA.  Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to adopt and publish Ordinance #827 on the third and final reading by title only. Motion carried by unanimous roll call vote. Jensen moves, Derby seconds to adjourn as CRA at 7:40 p.m. Motion carried by unanimous roll call vote. Petrzilka moves, Jensen to reconvene as City Council at 7:40 p.m. Motion carried by unanimous roll call vote.  Petrzilka moves, Behrns seconds to open the public hearing at 7:41 p.m. to consider amendments to the Louisville Zoning Regulations to add regulations for Wind Energy Systems. Motion carried by unanimous roll call vote. Dan stated that the proposed ordinance mirrors Cass County’s regulations with a few adjustments. Derby moves, Jensen seconds to close the public hearing at 7:42 p.m. Motion carried by unanimous roll call vote. Jensen moves, Petrzilka seconds to open the public hearing at 7:42 p.m. concerning the application to the Nebraska Game and parks Commission under the Land and Water Conservation Fund for playground improvement in the city park. Motion carried by unanimous roll call vote. No public objections were made. Petrzilka moves, Derby seconds to close the public hearing at 7:45. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to introduce by title only and suspend the three required statutory readings of Ordinance #828; Wind Energy Systems. Ayes – Petrzilka, Derby, Jensen; abstain – Behrns. Motion carried. Jensen moves, Derby seconds to adopt and publish Ordinance #828 on third and final reading by title only. Ayes – Petrzilka, Derby, Jensen; abstain – Behrns. Motion carried. Petrzilka moves, Jensen seconds to approve Resolution 09-13; setting the date for the hearing and ordering notice for special assessments for Alley Improvement District No. 2009-1. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to approve Resolution 09-14; to apply for federal assistance from the LWCF program for the purpose of installing new playground equipment at the existing city park. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to enter executive session to discuss negotiations regarding the sheriff’s contract at 7:55 p.m. Motion carried by unanimous roll call vote. Mayor Mueller reiterated the reason for the executive session. Behrns moves, Derby seconds to exit executive session at 8:08 p.m. Motion carried by unanimous roll call vote. Behrns moves, Derby seconds to approve the sheriff’s contract with changes as directed during executive session. Motion carried by unanimous roll call vote. A written sheriff’s report was circulated. Dan reported for streets, water and wastewater. After an inspection by the state, it was noted that the bridge on Depot Street needs some attention. Costs are being investigated.  Petrzilka moves, Derby seconds to adjourn the meeting at 8:31 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