City Council Minutes - March 11, 2009

A regular meeting of the City Council of the City of Louisville was held on Wednesday, March 11, 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, Behrns seconds to approve the consent agenda. Motion carried by unanimous roll call vote.

Mayor Mueller opened the public hearing at 7:01 p.m. to determine the sufficiency of written objections filed for the creation of Alley Improvement District 2009-1. The clerk stated that there is 2200 lineal feet abutting private property in this improvement district and there was 272 feet represented in written objections. Mayor Mueller asked if any audience member wanted to speak in favor or opposition to the creation of the district. There was no public comment. Mayor Mueller closed the public hearing at 7:02 p.m.

Barney Whatley from Nebraska Rural Water system was present with an assessment report. A written report was presented and reviewed. This assessment was a result of borrowing State Revolving Fund money for the water tower. Mr. Whatley stated that an assessment was done prior to the tower project and another one was done after the project to see if the system has improved its capacity to operate with the use of the state funds. He pointed out all of the positive changes to the council and audience. Scott Sprague from the Dept. of Health & Human Services was also present and commended the city council and staff for their foresight to remedy the water problems in the city.

Kari Wockenfuss reported for the Care Center. She explained two big payables coming up next month; one for the purchase of new dining room tables and one for heating/air conditioning repairs. They have decided to invite area Senior Centers for lunches to advertise.

Ruth Ann Hlavac was present with an annual report for the library. She circulated the State Statistical Report and a note from the board regarding the survey done recently. Ruth Ann verbally reported on accomplishments for the year as well as building concerns.

Bill Nessen from the Care Center Board presented the Care Center Roof project plans and specs. A couple of changes were pointed out. City Attorney Roger Johnson will review the specifications and report back tomorrow. Behrns moves, Jensen seconds to approve the plans and specs for the Care Center roof project pending review by the City Attorney. Motion carried by unanimous roll call vote.

A letter of understanding was presented from the Care Center Board to clarify their roll. Mayor Mueller stated that the roll of the Board is governed by ordinance so that particular ordinance should be reviewed and amended to reflect the clarifications. The City Attorney was directed to prepare such ordinance for the next meeting.

Jenny Allen is working on a Diamond Clover Award for 4-H, which is equivalent to the Boy Scout’s Eagle Program. Jenny requested permission to plant a perennial garden at the cemetery around the flag pole and monetary help for the project. She presented pictures of the current flower bed and plans for the future plantings. She, along with a gardening expert, has come up with a plan that will be deer-resistant and last for 5+ years. Derby moves, Jensen seconds to approve the project as presented with a limit of $200. Motion carried by unanimous roll call vote.

Petrzilka moves, Derby seconds to approve the street closing request for B.U.I.L.D.’s Air Your Art in Louisville celebration on May 16, 2009; starting at 3^rd and Cherry Street to Main Street to First Street at 10:00 a.m. to 5:00 p.m. Motion carried by unanimous roll call vote.

Derby moves, Jensen seconds to pay off the sewer loan in the total amount of $516,270.34. Motion carried by unanimous roll call vote.

A preliminary drawing from Game & Parks for a boat ramp past the wastewater treatment plant was presented. Game & Parks is planning to have a boat ramp on the south side of the river and the entrance would be through the State Lake entrance and past the wastewater treatment plant. The council agrees that Game & Parks has been good to work with in the past and the city will do whatever necessary to encourage this project.

The JagWire lease agreement was discussed. The annual payment was late, but was just received today with a letter stating that part of their equipment has been installed. Mayor Mueller had asked them in an earlier phone conversation about free wireless internet service to the city buildings as stated in the contract. The letter stated that a portion of the City’s equipment costs will be funded as a gratuitous compensation for delays. Mayor Mueller will contact the owner for clarification of the costs.

Petrzilka moves, Derby seconds to approve Resolution 09-06; the creation of Alley Improvement District No. 2009-1. Motion carried by unanimous roll call vote.

There was a lengthy discussion regarding water and sewer rates. Derby moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings Ordinance #821; Water & Sewer rates and fees. Motion carried by unanimous roll call vote. Derby moves, Jensen seconds to adopt by title only Ordinance #821. Motion carried by unanimous roll call vote.

Petrzilka moves, Derby seconds to approve Resolution 09-07; interfund transfer from street department to sewer department in the amount of $102,000. Motion carried by unanimous roll call vote.

A written sheriff’s report was circulated. There was no report from fire and rescue. Dan reported for streets, water and sewer.

Derby moves, Jensen seconds to enter executive session at 8:30 p.m. for personnel discussion to protect needless harm to reputation. Mayor Mueller reiterated the reason for the executive session. Motion carried by unanimous roll call vote. Petrzilka moves, Derby seconds to exit executive session at 9:14 p.m. Motion carried by unanimous roll call vote.

Petrzilka moves, Jensen seconds to adjourn the meeting at 9:15 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