December 8, 2010 Louisville, NE
A regular meeting of the City Council of the City of Louisville was held on Wednesday, December 8, 2010, at 7:00 p.m. at the City Hall. Present were Mayor Alan Mueller, Council Members Roger Behrns, Clete Petrzilka, Bob Derby and Randy Jensen. Also present were City Attorney Roger Johnson and 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. Jensen moves, Behrns seconds to approve the consent agenda with the exception of the Derby Heating & Air claim. Motion carried by unanimous roll call vote. Petrzilka moves, Jensen seconds to approve the Derby Heating & Air claim. Roll call vote: ayes – Petrzilka, Behrns, Jensen; abstain – Derby. Motion carried.
The agreement with the Rural Fire Board is tabled until the next meeting.
Mayor Mueller and Dan Henry met with a representative from the Department of Roads to discuss the Maintenance agreement as per instructions at the last council meeting. There was no consideration in the agreement to the state highway ending within the city limits and the representative could think of no other city where that happens. He was going to discuss it with his supervisor. The costs for snow removal are set by state statute. The City was told it has a right to put weight limits on the streets and that will be considered at a later time. Petrzilka moves, Derby seconds to approve Maintenance Agreement No. 55 renewal with the Department of Roads. Motion carried by unanimous roll call vote.
Derby moves, Petrzilka seconds to approve Certificate of Compliance with the Department of Roads. Motion carried by unanimous roll call vote.
A new representative from Union Pacific, Jason Sokolewicz, has been assigned to the potential property purchase and Mayor Mueller met with him in the last month. Jason is still working on some research and will be in touch with the City.
Mayor Mueller spoke to a representative from Charter Communications, Tucker Carlson, as per instructions at the last council meeting. Tucker will continue conversations with Mayor Mueller. There will be an update at the next meeting.
Petrzilka moves, Jensen seconds to adjourn the meeting at 7:10 and to swear in the newly elected public officials. Motion carried by unanimous roll call vote.
Mayor Mueller, Councilmember Petrzilka and Councilmember Jerry McClun took the Oath of Office for their new terms which expires in December, 2014. Roll call was taken with all present.
Petrzilka nominated McClun for Council President. Jensen nominated Behrns for Council President. A secret ballot was taken. Votes were tallied by the clerk and the results revealed: Behrns – three votes; McClun – one vote. Behrns retains the City Council President position.
Mayor Mueller nominated the following for appointments: Roger Johnson as City Attorney, Dee Arias as City Clerk/Treasurer, Cass County Sheriff for law enforcement, Jason McClun as Fire Chief, JEO as City Engineer/Street Superintendent, Dan Henry as Building Inspector, Dan Henry as Code Enforcement Officer and Jack Faubion as Humane Officer. Petrzilka moves, Jensen seconds to approve the appointments as stated. Motion carried by unanimous roll call vote.
A letter had been received asking the City for a commitment to be involved in another Hazardous Waste Collection. The City has participated several times in this event. The amount of waste has swindled over the last few times. Dan explained the cost to participate includes the fee, wages and the use of a truck to haul the waste. Dan also stated that as long as the paint is dried, the regular trash will haul it. It was agreed to withdraw from the program this time and look at it again in the future.
Jensen moves, Behrns seconds to approve Change Order #1 for the Louisville Care Center Water Management Project in the amount of $13,013.00. Motion carried by unanimous roll call vote. This change order allows the same process to be done on the west and southwest corner of the building as done on the rest of the building. Kari Wockenfuss reported for the Care Center. A mechanical engineer recommended some changes to the HVAC system and the bidding process was discussed.
A new copier/scanner lease proposal was discussed and tabled until the next meeting.
An excessive noise ordinance was discussed. The problem is that the current ordinance states that excessive noise can start at 7:00 a.m. but the City’s Waste Management contract says they can begin at 6:00 a.m. The current ordinance grants consent for a specific contractor to operate earlier than the ordinance says. It was agreed to leave the overall noise ordinance to begin at 7:00 a.m. and allow the exception for the Waste Management contract. No council action was taken.
Petrzilka moves, Jensen seconds to introduce by title only and suspend the three required statutory readings of Ordinance #849; to dissolve the cemetery board. Motion carried by unanimous roll call vote. Jensen moves, Petrzilka seconds to adopt by title only Ordinance #849. Motion carried by unanimous roll call vote.
Petrzilka moves, Behrns seconds to introduce by title only and suspend the three required statutory readings of Ordinance #850; longevity pay for Louisville Care Community. Motion carried by unanimous roll call vote. Behrns moves, Jensen seconds to adopt by title only Ordinance #850. Motion carried by unanimous roll call vote.
Behrns moves, Jensen seconds to introduce by title only and suspend the three required statutory readings of Ordinance #581; wage and benefits of employees and public officials. Motion carried by unanimous roll call vote. Petrzilka moves, Behrns seconds to adopt Ordinance #851. Motion carried by unanimous roll call vote.
There were no reports for fire, rescue or sheriff.
Dan reported for water, wastewater and streets. He explained some changes made with the chemicals at the water treatment plant. Dan reported that some trees have been cleared from the creek bank, all the equipment is ready for snow removal and issues at the sewer plant have been handled. He also updated the council on the Otoe County Rural Water project.
The JEO recommendations for street overlays were discussed at length. Different methods of overlays and costs were also discussed as well as bonding. More investigation will be done and a detailed plan will be presented at the next meeting.
Behrns moves, Petrzilka seconds to enter executive session at 8:17 p.m. to discuss personnel issues related to Dan Henry. Motion carried by unanimous roll call vote. Mayor Mueller reiterated the reason for the executive session. Jensen moves, Petrzilka seconds to exit executive session at 8:35 p.m. Motion carried by unanimous roll call vote.
Petrzilka moves, Behrns seconds to adjourn the meeting at 8:36 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