City Council Minutes - November 12, 2008

A regular meeting of the City Council of the City of Louisville was held on Wednesday, November 12, 2008, at 7:00 p.m. at the City Hall.  Present were Mayor Alan Mueller, Council Members Roger Behrns, Clete Petrzilka, Steve Sherman and Bob Derby. 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. Behrns moves, Derby seconds to approve the consent agenda with the following changes: the exception of the Eriksen claim for the water treatment plant, and the addition to the previous minutes to reflect a discussion regarding the landscaping at the Care Center; that two bids were received for landscaping that totaled over $20,000 so that work could not be done. Motion carried by unanimous roll call vote.

Mayor Mueller opened the public hearing for the consideration to change the zoning classification from TA District to RS District, on property legally described as:  “Wedekind Subdivision” Lots 1-7, (inclusive), being a part of Tax Lot 64 and located in the NW1/4 of the SW1/4 of Section 22-T12N-R11E of the 6^th P.M., Cass County, Nebraska at 7:02 p.m. Dave Wedekind presented a plat of the proposed subdivision. The rezoning was recommended by the planning commission. No public comments or objections were heard. Mayor Mueller closed the public hearing at 7:05 p.m.

Mayor Mueller opened the public hearing for the consideration to change the zoning classification from TA District to RS District on property legally described as:  Northridge 2^nd Subdivision Revised lot 5, Cass County, Nebraska at 7:06 p.m. A map was reviewed. The rezoning was recommended by the planning commission. No public comment was made. Mayor Mueller closed the public hearing at 7:07 p.m.

Mayor Mueller opened the public hearing for the consideration to change the zoning classification from RS District to TA District, on property legally described as:  “Timber Ridge” Lots 65 and 69, located in the SW1/4 of Section 22-T12N-R11E of the 6^th P.M., Cass County, Nebraska at 7:07 p.m. Dave Wedekind presented a map for review. The rezoning was recommended by the planning commission. It was noted that the clerk received a phone call from Janet Ahl in opposition of the rezoning. No other public comment was made. Mayor Mueller closed the public hearing at 7:09 p.m.

Mayor Mueller opened the public hearing at 7:09 to consider text amendments of Louisville’s subdivision regulation 4.13 regarding private roads and streets. No public comment was made. Mayor Mueller closed the public hearing at 7:10 p.m.

Cody Wickham and Craig Jones were present from D.A. Davidson & Co. to discuss their services, which include financial advice and investment banking. They gave a brief history of their company and stated a list of current clients. They presented a written report of refinancing scenarios and a list of experience. Cody & Craig answered many questions regarding this issue. Mayor Mueller suggested meeting separately with them to further discuss the possibilities.

Don and Marcy Wilkes wrote the city requesting aid for broken water lines on their property at 712 Main Street. The letter presented claimed that the increase in pressure from the water tower caused the breaks. They presented water bills that showed the increased usage and bill for equipment rental and supplies for repairs. Dan checked water pressure at all the neighbors today and didn’t find any over 93 pounds of pressure. Dan explained that for every foot of change in elevation another 0.43 pounds would be added. He doesn’t know where the Wilkes came up with the idea that the pressure was over 135 pounds. Dan stated that the pipes broke in the back yard and it is old, black plastic pipe. Dan has since installed a pressure reducing valve. Dan said that other customer’s bills have been adjusted in the past for excessive usage during line breaks. The attorney stated that the ordinance clearly states that the service line is the homeowner’s responsibility. Roger moves, Derby seconds to adjust their water usage based on previous year’s usage for the same month and credit their account. Motion carried by unanimous roll call vote.

There were two requests for tree removal in alleys and those making the requests were present; Elaine Conner and Ann Marie Boose. Elaine stated that she approached OPPD about trimming the trees and was told they would not. Ann Marie stated the same in her situation. The clerk had contacted OPPD and was told that they only trim trees in primary power lines and the homeowner is responsible for their own service line or secondary lines. Ann Marie stated that the survey of her property shows that the property line is about three feet inside her fence line. The City Attorney pointed out the ordinance regarding this matter is Section 5.102; Obstructions. The ordinance states that if there is an obstruction in public right-of-way, such as between the property line and the street or in an alley way that abuts your property, it is the property owner’s responsibility to take care of that obstruction. The ordinance states that the utility superintendent can remove the obstruction, but will bill the property owner for the cost. The City Attorney clarified that this is the case even if the alley hasn’t been vacated. He stated this is considered a platted, but unimproved alley. The advantages of vacating the alleys were discussed. Elaine asked if the city was willing to share some of the expense. The ordinance doesn’t allow for that option. Elaine and Ann Marie were given names of reputable tree service companies they could use. No council action was taken because of ordinance 5.102. 

Sherman moves, Derby seconds to approve all expenses for the clerk to attend clerk’s academy, March 18-20, 2009. Motion carried by unanimous roll call vote.

Derby moves, Behrns seconds to approve the reappointment of Sarah Stovall to the Library Board for another four year term. Motion carried by unanimous roll call vote.

Derby moves, Behrns seconds to approve the reappointment of Kathleen Gautier to the Library Board for another four year term. Motion carried by unanimous roll call vote.

The Cedar Creek Rescue Agreement was discussed. The City received a letter from the Village Attorney with a quarter of the payment and a request for quarterly reports to document the rescue calls to Cedar Creek. The clerk doesn’t get address information; all the narsis forms are filed electronically with the state. The rescue captain can get a summary upon request that shows where the runs go, categorized by city. The HIPPA rules would not allow the rescue department to give out any personal information. Mayor Mueller recapped what the costs are for, those things being: ambulance replacement, liability insurance, training for the EMT’s, life insurance for the EMT’s, storage building, liability for the building, etc. It was stated that the amount for the agreement has been based on the percentage of calls made to Cedar Creek the previous year. We can provide the run summary for the last fiscal year that shows 12% of the calls were made to Cedar Creek. The council agreed to not make any changes to the agreement, send back the payment, and draft a letter saying the run summary is available to view at the city office. No council action was taken.

Petrzilka moves, Sherman seconds to approve Maintenance Agreement No. 55 with the State for Highway Maintenance. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to approve Certificate of Compliance with Nebraska Department of Roads. Motion carried by unanimous roll call vote.

Derby moves, Petrzilka seconds to approve the Recommendation of Acceptance to Eriksen Construction for the water treatment facility. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to approve Pay Request #14 & Final to Eriksen Construction for the water treatment facility in the amount of $124,933.10. Motion carried by unanimous roll call vote.

Derby moves, Sherman seconds to approve the Annual KENO Report. Motion carried by unanimous roll call vote.

Behrns moves, Derby seconds to approve B.U.I.L.D.’s use of the fire station meeting room on December 6, 2008 from 11:00 a.m. to 2:00 p.m. Motion carried by unanimous roll call vote.

Petrzilka moves, Sherman seconds to approve B.U.I.L.D.’s request to reserve the parking stalls north of the fire station apron for carriage ride loading/unloading on December 6, 2008 from 11:00 a.m. to 4:00 p.m. for Ringing in the Season. Motion carried by unanimous roll call vote.

Bobcat brought down a tractor for the maintenance crew to test drive in the last month. This would be a lease program for $2500 per year for 300 hours and the City would get a new machine every year. Dan stated the advantages of the tractor. He believes this tractor could replace one of the Dixon mowers and be used for snow removal on the sidewalks.  Behrns moves, Derby seconds to approve the tractor lease with Bobcat for $2500. Motion carried by unanimous roll call vote.

The Otoe County Rural Water Agreement was discussed. The terms have been agreed upon in several meetings with Rural Water’s engineer and manager. Behrns moves, Petrzilka seconds to approve Resolution 08-14; approving the Otoe County Rural Water Agreement. Motion carried by unanimous roll call vote.

Sealed bids had been opened Monday for the surplus property for sale, as per Resolution 08-10. One bid for each piece of equipment was received. Petrzilka moves, Behrns seconds to accept the following bids for surplus equipment: $10,101.50 from Sarpy R&R Co. for the W-14 Case Loader, $2,150.50 from Sarpy R&R Co. for the 1992 Chevrolet pickup and snowplow, and $100.00 from Larry Wittrock for the 1988 GMC pickup. Motion carried by unanimous roll call vote.

Mayor Mueller reported for the Care Center. Dan will ask Kerns what the status is with the fire hydrant at the Care Center. Their health insurance had a 40% increase so they plan to have a special meeting next week to discuss options. The Care Center board would like to have a joint meeting with the city council on December 10, 2008 at 5:00 p.m. to discuss bidding process. Council Member Sherman said he wouldn’t be available at that time, but there would still be a quorum. With bills only being paid once a month at the Care Center, they are running into problems returning monies to the estate after a death in a timely fashion as per state laws. The Care Center Board agreed that a check could be drafted between meetings to allow for timely distributions of those funds. Mayor Mueller stated that the Care Center auditor told them they needed to have six payrolls in reserve. The board took action tonight to make a policy review to increase the payroll reserve to $600,000 and their capital reserve fund to $250,000. Census for the facility was reviewed.

Sherman moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #813; to amend the text of the subdivision ordinance pertaining to private roads and streets. Motion carried by unanimous roll call vote. Behrns moves, Derby seconds to adopt by title only Ordinance #813. Motion carried by unanimous roll call vote.

Dan reported for streets, water and wastewater. He reported that JEO prepared a new water map showing all the valves that have recently been installed. Council Member Derby asked about the status of painting the fire hydrants. The council discussed alley paving possibilities.

A written sheriff’s report was circulated.

Behrns moves, Derby seconds to adjourn the meeting at 8:54 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