May 11, 2011 Louisville, NE
A regular meeting of the City Council of the City of Louisville was held on Wednesday, May 11, 2011, at 7:00 p.m. at the City Hall. Present were Mayor Alan Mueller, Council Members Roger Behrns, Clete Petrzilka, Jerry McClun and Randy Jensen. 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. Jensen moves, McClun seconds to approve the consent agenda with the exception of the Thermal Services claim. Motion carried by unanimous roll call vote.
John Trecek was in attendance from Ameritas to present paperwork for a highway allocation pledge bond. Mayor Mueller excused himself from the meeting for conflict of interest based on stock ownership in Home State Bank and the bond being purchased by the bank. Council President Behrns presided over the meeting. John explained the bond for the paving projects on various city streets. He stated that paving districts were not formed because the over-all project consists of little projects all over town and wouldn’t be conducive to forming districts. John explained highway allocation pledge bonds and the costs saved by using them. An additional saving was made by having Home State Bank purchase the bond. Petrzilka moved, McClun seconds to introduce by title only and suspend the three required statutory readings of Ordinance #855; highway allocation fund pledge bond in the amount of $500,000. Motion carried by unanimous roll call vote. McClun moves, Jensen seconds to adopt Ordinance #855 by title only on third and final reading. Motion carried by unanimous roll call vote.
Mayor Mueller returned to the meeting at 7:12 p.m.
There was no report from the Care Center.
Jensen moves, Behrns seconds to approve pay application #1 from Thermal Services for DOAS installation at LCC in the amount of $27,101.70. Motion carried by unanimous roll call vote.
Petrzilka moves, McClun seconds to approve pay application #2 from Thermal Services for DOAS installation at LCC in the amount of $126,759.60. Motion carried by unanimous roll call vote.
Martin Siebrass was present to request the alley between 4th and Koop Ave. between Oak and Elm Streets be opened and the walls built there removed. He doesn’t really want any improvements made to the alley, just the walls removed. Martin asked the town board twenty years ago for the same thing. Martin provided a history on the alley. Dan Henry stated that the power poles are in the center of the alley, not on the edge where they would normally be. Also present to make comments were: Judy Meyer, Tim Seevers, John Barton and Elliott Smart. Statements were made that the walls and buildings currently in the alley were all there before any of them moved in. They are all opposed to opening the alley. Mayor Mueller was surprised it wasn’t vacated years ago. City Attorney Johnson explained that if vacated, the ownership reverts to the adjacent property owners with a utility easement maintained. Buildings and walls already built would be grandfathered and allowed to stay and any disputes would become private. The attorney was instructed to prepare an ordinance to vacate the alley and retain utility easements to be presented at the next meeting.
B.U.I.L.D. requested street closures for the Last Hot Sunday in July 2011. Councilperson McClun has issues with 2nd Street being closed for businesses that are open that day. The clerk will talk to the grocery store and the hardware store for their input before the next meeting.
Petrzilka moves, Behrns seconds to approve the special designated liquor license for July 31, 2011 for the Last Hot Sunday in July event at the Home State Bank parking lot run by Nebraska Brewing Company. Motion carried by unanimous roll call vote.
McClun moves, Jensen seconds to approve B.U.I.L.D. having a fireworks stand from June 25, 2011 to July 4, 2011 in empty lot behind Quik Pik. Motion carried by unanimous roll call vote.
Behrns moves, McClun seconds to approve the US Asphalt overlay project for the Riverview Cemetery in the amount of $16,933.50 with the addition of an e-verify addendum. Motion carried by unanimous roll call vote.
Jensen moves, McClun seconds to accept the financial statement for fiscal year ending September 30, 2010 with the report to be on file in the city office. Motion carried by unanimous roll call vote.
Behrns moves, Jensen seconds to approve change order #1 from US Asphalt from 2nd Street Bridge east to Oak Street for an increase of $36,969.20 to the contract amount. Motion carried by unanimous roll call vote.
McClun moves, Petrzilka seconds to approve change order #2 from US Asphalt for Main Street between 3rd and 5th Street for an increase of $19,126.33 to the contract amount. Motion carried by unanimous roll call vote.
There was a discussion on the meter reading equipment/software extended warranty and support. Dan will talk to the company representative for further information. This discussion was tabled to the next meeting.
The possible vacation of the south 60’ of the alley between 3rd and 4th between Vine and Oak Streets was discussed. Input from affected property owners was reviewed. After a brief discussion, no council action was taken. The alley will remain open.
The housing rehab guidelines were discussed. The two category concept guidelines will be prepared for next meeting’s approval.
Mayor Mueller met with the UP representative yesterday regarding the potential property purchase. Price negotiations are being done. Mayor Mueller is of the opinion that all the costs can be recouped. More information will be gathered.
Jensen moves, Behrns seconds to approve Resolution 11-03; no parking on north side of 4th Street between Vine & Oak Streets. Motion carried by unanimous roll call vote.
A written sheriff’s report was circulated.
Dan reported for water, wastewater and streets. A sanitary survey was completed and the only recommendation was to install a backflow preventer at the sewer plant. Prep work for the asphalt overlay is being done now. The park equipment will be installed in a couple of weeks. Council Member Jensen commented that the Sr. Center looks great except for the west doors that need to be painted.
Behrns moves, Jensen seconds to adjourn the meeting at 8:17 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