CITY COUNCIL
Meeting Minutes

October 10 , 2007

LOUISVILLE, NE

 

A regular meeting of the City Council of the City of Louisville was held on Wednesday, October 10, 2007, at 7:00 p.m. at the City Hall. Present were Mayor Alan Mueller, Council Members Clete Petrzilka, Roger Behrns, Bob Derby and Steve Sherman. 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, Behrns seconds to approve the consent agenda with the exception of the Eriksen Construction claim for the water treatment facility and Sargent Drilling claim for the municipal well project. Motion carried by unanimous roll call vote.

A written sheriff's report was circulated. There were no reports for maintenance, water, wastewater, Library and Senior Center.

Kari Wockenfuss reported for the Care Center. Their advertising brochure is done and a sample was viewed. Medicare is working great for the facility. The board is still talking about a garage for the bus, if approved. The Care Center is in the process of purchasing depreciation software for ease of auditing. They also reported that there have been some traffic concerns with people using the facility driveway to get to Hazel Street and beyond. “No Through Traffic” signs will be installed.

Candy McClun was present from the Care Center Board with their recommendation after reviewing all bids for the transportation vehicle. They are recommending the lowest, qualified bid. The two lower bids didn't meet the specifications as far as materials used for construction. The board is recommending the bid from Master's Transportation in the amount of $66,450.00. Candy was told the company estimated a four month delivery time. Mayor Mueller stated that the Care Center is looking at a cash payment from CD's. Kari spoke of the importance of having the vehicle. Behrns moves, Sherman seconds to approve the bid from Master's Transportation in the amount of $66,450.00 for a transportation vehicle for Louisville Care Community. Motion carried by unanimous roll call vote.

Behrns moves, Derby seconds to approve the designation of Care Center authorized signatures as Darlene Petrzilka and Mary Tietjen, with the city clerk's counter-signature. Roll call vote: ayes – Behrns, Derby, Sherman; abstain – Petrzilka. Motion carried.

Derby moves, Petrzilka seconds to introduce, by title only, and suspend the three required statutory readings of Ordinance 799; Governing the Sale of Personal Property. Motion carried by unanimous roll call vote. Petrzilka moves, Sherman seconds to adopt, by title only, Ordinance 799. Motion carried by unanimous roll call vote.

Pretzilka moves, Sherman seconds to introduce, by title only, and suspend the three required statutory readings of Ordinance 800; Providing a Blanket Bond for all City Officials. Motion carried by unanimous roll call vote. Behrns moves, Petrzilka seconds to adopt, by title only, Ordinance 800. Motion carried by unanimous roll call vote.

Behrns moves, Derby seconds to introduce, by title only, and suspend the three required statutory readings of Ordinance 801; Governing the Operation of All-Terrain Vehicles. Motion carried by unanimous roll call vote. There was a discussion regarding whether the city even wanted all-terrain vehicles on the streets. Petrzilka moves, Behrns seconds to adopt, by title only, Ordinance 801. Motion carried by unanimous roll call vote.

Mayor Mueller informed the council and public that the public forum for water issues has been scheduled for November 28, 2007 at 7:00 p.m. and he has contacted Eric from JEO and that Eric is getting a representative from Health and Human Services to attend for questions. Citizens will be notified on their utility bills, flyers placed around town and on the city message sign located at the city office. No action was taken.

Mayor Mueller has visited with A&D Farms about their assignment of the option on the property south of town. They have agreed to assign the option. Mayor Mueller also spoke with Dave Wedekind, who has agreed to purchase the option from the city for $4,900. The city has paid $2,500 for the first year and Dave will pay the $2,500 for the second year. Dave would also like a copy of the engineering study done on the property. Behrns moves, Sherman seconds to approve proceeding with the assignment of the option for $4,900 to Dave Wedekind and direct the attorney to prepare the documents. Motion carried by unanimous roll call vote.

Behrns moves, Derby seconds to approve the designation of the Plattsmouth Journal as the city's legal newspaper. Motion carried by unanimous roll call vote.

Derby moves, Petrzilka seconds to approve the designation of the Home State Bank as the city's depository. Motion carried by unanimous roll call vote.

Petrzilka moves, Sherman seconds to approve change order #2 from Eriksen Construction for a decrease of $400 to substitute blown in insulation in lieu of board and batt insulation in the water treatment facility ceiling. Motion carried by unanimous roll call vote.

Derby moves, Sherman seconds to approve pay application #3 to Eriksen Construction in the amount of $85,950.00 for the water treatment facility. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to approve Chuck Meyer as a planning commission alternate. Motion carried by unanimous roll call vote.

Derby moves, Petrzilka seconds to approve change order #3 for Sargent Drilling for a decrease of $1,349.65 for footage changes in monitoring wells, casing and screen. Motion carried by unanimous roll call vote.

Derby moves, Behrns seconds to approve pay application #3 for Sargent Drilling in the amount of $108,914.55 for 2006 Municipal Well project. Motion carried by unanimous roll call vote.

There was a lengthy discussion of Eriksen Construction's request for a change order to alter the liquidated damages section of the contract regarding the delivery of product from Siemens Water Technologies. Eriksen doesn't want to be held responsible for delays caused by Siemans, in which Eriksen has no control. Another option would be to extend the contract the number of days Siemans delays. Dan stated that the city would have to be sure that Eriksen was really ready for the equipment before the contract would be extended. Eric at JEO has prepared a change order that was reviewed. The change order clearly states, “delays caused by Siemans.” The city attorney has no problem with the change order, but would suggest an executive session regarding this issue. Behrns moves, Petrzilka seconds to table the discussion until the executive session at the end of the meeting. Motion carried by unanimous roll call vote.

The city clerk had received an invitation from County Clerk, Barb Wohlers that was distributed to the council and planning commission to a meeting on November 20 th at the Cass County Fairgrounds with the county commissioners. The invitation states that the commissioners would like to facilitate good communications between the county and all governmental entities. Whichever members are available will attend.

A skid steer lease/purchase option from Caterpillar was discussed. No action was taken.

There was a discussion regarding an alley vacation between Vine and Oak Streets from 5 th to 7 th Streets. This was never an established alley, and there are buildings in what would be the alley. There is, however a power line. The city attorney said that even if it is vacated, an easement would have to be retained for utilities. Derby moves, Sherman seconds to direct the attorney to prepare an ordinance for the alley vacation as described. Motion carried by unanimous roll call vote.

It was agreed that Mayor Mueller and Councilmember Behrns will narrow down the applicants for the maintenance position, interview and hire next week.

Behrns moves, Derby seconds to approve a special designated liquor license for Louisville Art Gallery on November 17, 2007 from 5:30 p.m. to 12:00 a.m. contingent upon all paperwork being properly filed. Roll call vote: ayes – Petrzilka, Behrns, Derby; abstain – Sherman. Motion carried.

A handicapped parking stall on Main Street was requested. The ADA requirements pertain to private parking lots, not public streets. There was one on 3 rd Street at Main Street intersection, but the sign was run over and never got put back up. The city attorney stated that a resolution was probably already done for that spot, so the sign just needs to be reinstalled. No council action was taken.

Petrzilka moves, Derby seconds to enter executive session at 8:12 p.m. to protect the public interest to discuss contract negotiations with Otoe County Rural Water District #3 and liquidated damages with Eriksen Construction. Mayor Mueller reiterated the two purposes of the executive session. Motion carried by unanimous roll call vote.

Petrzilka moves, Derby seconds to exit executive session at 8:49 p.m. Motion carried by unanimous roll call vote.

Behrns moves, Petrzilka seconds to approve change order #3 from Eriksen Construction for a net change of $0.00 to limit liquidated damages documented to Owner's satisfaction to be caused by delays from Siemans Inc. to 15% of Siemans Inc. contract for Water Treatment Facility. Motion carried by unanimous roll call vote.

Petrzilka moves, Derby seconds to adjourn the meeting at 8:50 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 


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