|May 10 , 2006||
A regular meeting of the City Council of the City of Louisville was held on Wednesday, May 10, 2006, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members Clete Petrzilka, Alan Mueller and Steve Sherman. Roger Behrns was absent. Also present were City Attorney Roger Johnson, City Supervisor Dan Henry and several guests.
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 Pankonin called the meeting to order and asked the council to review the consent agenda. Petrzilka moves, Sherman seconds to approve the consent agenda with the exception of the Care Center claim for Prairie Construction and the City claim for Maguire Iron which will be discussed later in the meeting. Motion carried by unanimous roll call vote of those attending.
The council had a lengthy discussion concerning a sex offender residency restriction ordinance. The council had three model ordinances to consider and the new legislative bill regarding this matter. One of the model ordinances was from Ralston that is more about loitering rather than residency. Lisa Maher was present to encourage the council to pass the most aggressive ordinance. She felt the state gave the municipalities the opportunity to pass the residency restrictions and feels the city should take advantage of that opportunity. Roger Johnson gave his legal opinion that he feels that the statute is unconstitutional according to Article 1, Section 25 of the state constitution concerning rights of property. One concern from other cities is that when restrictions on residency are placed on the offenders, they stop registering. And everyone agreed that 500 feet isn't far enough, but that is all the state allowed. Another option to add could be a notification requirement; to make it mandatory to notify all public entities when a sex offender registers. Another thought was that residency restrictions are hurting other cities because it makes it harder to find offenders and keep track of them because they take their chances of not registering. Mayor Pankonin directed Roger Johnson to prepare an ordinance that uses all the models combined, including loitering, residency restrictions and notification requirements, and if any part is ever challenged in the state, parts of the ordinance could be deleted. This proposed ordinance will be available before the next meeting to study.
Bob Copple and Dick Berner were present to update the council on the progress of The Ridges, a proposed subdivision east of town. These will be 1+ acre lots with city water and individual septic tanks. Bob presented a new plat showing 40 lots with a new configuration taking into account the proposed Louisville Bypass. They have complied with the planning commission and council's request to not develop where the potential bypass has been planned. Bob stated that before they go any further with street profiles and spend any more money, they want to know if they still have support of the council. They answered several questions regarding drainage, entrances and accesses to the subdivision, water main engineering, temporary emergency access and fire/rescue turn-around space. They plan to have a rural section road with rock. This concept would have to go through the preliminary and final plot process. The support was there from the council to proceed.
Heidi Warner was present for the JayCees stating that there will not be a carnival this year so they don't need South Depot Street closed as earlier requested. They would like to request closing 2 nd Street from Main Street east to the alley for a water balloon toss. Petrzilka moves, Sherman seconds to approve the additional street closing from 8:00 a.m. to 5:00 p.m. on May 27, 2006. Motion carried by unanimous roll call vote of those attending.
Heidi reported for the JayCees by updating the council on Louisville Daz. They would like to use trash containers for the dance. She also needs something to hold up the snow fencing for the dance. Dan said he would work on a solution.
Mueller moves, Petrzilka seconds to approve the appointment of Mary Tietjen to fill the vacancy on the Care Center Board. Motion carried by unanimous roll call vote of those attending.
Kari Wockenfuss reported for the Care Center. Tours will be given on Louisville Daz. Interest is still good for the facility. Total construction costs for the month are $370,978.85. They bought a van during the last month. The board named the new facility Louisville Care Community. Ash Grove gave a donation for dining room furniture for the new facility. At this point, woodwork and cabinetry is going up. Census is steady.
Council Member Behrns entered the meeting at 7:50 p.m.
Sherman moves, Petrzilka seconds to approve pay request #8 for Prairie Construction for the LCC Assisted Living Facility in the amount of $322,905.87. Motion carried by unanimous roll call vote.
Petrzilka moves, Mueller seconds to approve the appointments of Brian Orr and Brian Michalski to the planning commission and Bob Keiter from alternate to regular member of the planning commission for the remaining terms. Motion carried by unanimous roll call vote.
Petrzilka moves, Behrns seconds to approve pay request from Maguire Iron for the water tower in the amount of $33,379.91. Motion carried by unanimous roll call vote.
There was a request to vacate the alley between Oak Street and Vine Street south of Koop Avenue to 7 th Street. There was a lengthy discussion regarding retaining utility easements. The city has no utilities in that alley but there is a power line and the city has commitments to OPPD to retain easements. There was also concern over what the city gains by vacating the alley. Dan will talk to OPPD to see what kind of setbacks they require.
Health insurance renewals will be discussed in executive session.
Mueller moves, Behrns seconds to close the alley east of Main Street between 2 nd & 3 rd on May 27, 2006 from 11:00 a.m. to 5:00 p.m. and additionally from the north side of the bank south to 3 rd Street from 5:00 p.m. Saturday until 7:00 p.m. on Sunday, May 28, 2006 for the Louisville Art Gallery's Thrown & Blown. Roll call vote: ayes – Petrzilka, Mueller, Behrns; abstain – Sherman. Motion carried.
Petrzilka moves, Behrns seconds to approve the use of the tennis courts all day by B.U.I.L.D. for moonwalk rides for Louisville Daz, May 27, 2006. Motion carried by unanimous roll call vote.
Written sheriff's report and fire/rescue reports were circulated. Dee reported for B.U.I.L.D. There were no reports for Library/Senior Center. Dan reported for water, wastewater and maintenance. There is a meeting in the morning with Sargent Drilling and JEO for well designs. All permits have been signed and submitted for highway boring and railroad boring for water mains. There are ways to keep the current main under the railroad and configure it with a new water main. Financing needs to be considered for the entire water project.
Petrzilka moves, Behrns seconds to enter executive session at 8:19 p.m. to discuss legal and personnel issues. Motion carried by unanimous roll call vote. Behrns moves, Petrzilka seconds to exit executive session at 9:06 p.m. Motion carried by unanimous roll call vote.
Mueller moves, Petrzilka seconds to continue to pay $600.00 per month for employee's health insurance and let those affected choose which BlueCross/BlueShield Option to take. Roll call vote: ayes – Petrzilka, Mueller, Behrns; nays – Sherman. Motion carried.
Petrzilka moves, Mueller seconds to adjourn the meeting at 9:08 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.
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