Meeting Minutes

August 14, 2002


A regular meeting of the City Council of the City of Louisville was held on Wednesday, August 14, 2002 at 7:00 p.m. at the City Hall. Present were Council President Dave Pankonin and council members Greg Manley and Don Harris. Mayor Dan Henry was absent. Also present were City attorney, Roger Johnson 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. All proceedings thereafter were taken while the convened meeting was open to the public.

Council President Dave Pankonin called the meeting to order at 7:00 p.m. He explained that Mayor Henry is on vacation and Joe Smisek is in the audience rather than at the table which will be discussed later. Manley moves, Harris seconds to approve the consent agenda. Roll call. Manley – aye; Harris – aye; Pankonin – aye. Motion carries.

There was a discussion concerning the Cedar Creek rescue agreement. The City Council had copies of the agreement in their packets. Mary Terry was here to represent Cedar Creek. She stated the board in Cedar Creek would like to renew with no changes. Pankonin asked Jerry McClun for his thoughts or if he wanted to review the agreement. His comment was that costs are always going up. The city clerk had numbers available of calls going to Cedar Creek during the last year. Manley’s thoughts were to accept this year but to make stipulations that there be an increase hereafter yearly or every other year. Manley moves to approve the Cedar Creek rescue agreement for one year at $2,000.00. Harris seconds. Roll call vote. Manley – aye; Harris – aye; Pankonin – aye. Motion carries. On the old agreement, there were some hand written changes from last year. The agreement will be retyped by the Louisville city clerk with the changes from last year, signed and forwarded on the Mary Terry with the new EMS proposed billing charges.

EMS Billing Services have sent some proposed rate changes for review and acceptance. Their services were discussed. Jerry McClun is happy with them, the city clerk said the deputy city clerk could potentially spend weeks doing paperwork that EMS provides and definitely worth the service. Manley moves, Harris seconds to approve the proposed rate changes for EMS billing. Ayes – 3; Nays – none. Motion carries.

Chuck Zyla was present to propose a speed bump on Depot St. to curb speeding. A year and a half ago, there was a sign posted and there hasn’t been any improvement according to Chuck. He told of an incident that occurred the previous Wednesday of a person that received a willful reckless driving ticket on Depot that he had called in. He recommended speed bumps to slow down the traffic. He reported that there are a number of children on that street and that needs to be taken into consideration. It was discussed that this occurs all over town and if speed bumps are put in on Depot Street then the City would be obligated to put one in the next time someone complains about their street. Pankonin asked the officer present if he had any comments or suggestions. He stated that if called, the officer cannot give a speeding ticket unless the offense if observed. They can only issue for what they witness. He said he’s seen speed bumps put in and taken out all over. In some cases it becomes a game of how fast can you go over them. He said he could put more patrols on the area and see what happens. Pankonin asked that the officer carry that message forward to other officers. Chuck was told the Council would do what they can through law enforcement. It was also stated that other problems can occur with speed bumps such as snow plow concerns. The officer asked if there was a particular time that seems worse than others and was told evenings. Chuck was thanked for coming to the City Council with his problem and hopefully law enforcement will handle the matter. Chuck stated he thinks Louisville is a great town in which to live and raise his family.

The next discussion was on the Eastwood Block party barricades. They would like barricades on August 24th from 6:00 p.m. to midnight for their annual block party. Manley moves to approve the use of the barricades, Harris seconds. Ayes – 3; nays – none. Motion carries.

The sheriff’s report was then presented to the council. In July there were 56 calls answered, 214.5 hours patrolled, 34 citations issued and 6 warnings. The report showed a breakdown of what the call were. He stated he will carry forward the message regarding patrolling of Depot Street. Pankonin mentioned another issue being skateboarder on the sidewalk today. He had received complaints so spoke to the officers on duty. They came and got a statement from the city clerk and spoke to the young men. It was stated that there is a city ordinance against bikes and skateboards on the sidewalk and its just plain dangerous. It needs to be watched and the sheriff said they would watch that as well.

Bids were reviewed for a utility bed and snowplow from Big Rig Truck Accessories for the new truck to be purchased. The price of the bed is $3,110.22 and the snowplow is $3,606.50, both of these prices include installation. Dan and Larry checked out three other places and this was the least expensive. Harris moves, Manley seconds to accept the bid of $3,110.22 for the utility bed from Big Rig. Ayes – 3, nays – none. Motion carries. Manley moves, Harris seconds to approve the bid of $3,606.50 for the snowplow from Big Rig. Ayes – 3, nays – none. Motion carries.

The next point of order was a discussion on the Haynie property. Roger was asked for his opinion. The council explained that the property has not been cleared since the burn and is an eyesore. It was stated that some of the rubble has washed down into the creek and that could result in problems and action needed to be taken immediately. Roger advised nuisance abatement procedures should be followed. Bill Krecji will be contacted as the city building inspector. Harris moves, Manley seconds to have the nuisance abatement procedures followed on the Haynie property. Ayes – 3, nays – none. Motion carries.

Roger then explained the confusion over not taking action on Rod Petersen’s resignation at the proper time, therefore making Smisek’s appointment invalid. The proper procedure is to accept Rod’s resignation (which was done at the last meeting) then to declare the vacancy (which will be in the paper August 15), next to fill the vacancy within 4 weeks. Roger apologized for the error. Manley moves, Harris seconds to have a special meeting on August 21, 2002 at 7:00 p.m. to fill the vacancy on the council. Ayes – 3, nays – none. Motion carries.

The next topic concerned the notion to update the code book. This has not been done since becoming a city of the second class. Many of the ordinances are geared toward villages not state statutes for second class cities. Its probable there are many things missing and several that no longer apply. The city clerk stated she had found a letter concerning this matter dated January 2002. She called the service and was told they had our code book on their shelf and on disk so that would keep the cost down. It was recommended to solicit bids from other companies that provide this service. It was made clear that JEO is working on the comprehensive plan pertaining to planning and zoning, not the code book. Roger strongly recommends this being done. Manley moves, Harris seconds to solicit bids from different vendors that provide the service of updating code books. Ayes – 3, nays – none. Motion carries.

Jerry McClun was representing the fire department. The new truck has been out 3 or 4 times. Everyone was very impressed with it at the Cass County Fair Parade. 

Larry Wittrock reported on water/wastewater. His written report was distributed. There was discussion about looking into the PeopleService contract regarding operator error and their responsibility of incorrect installation of a part in a gear box. They put in a wrong part resulting in tearing up a $3,800.00 brass gear. Roger will review the contract. The static level on the new well is doing fine. It pumped 8 million gallons last month and only dropped down to 29 feet. Larry reported digging up a service line at the apartments at 2nd and Walnut, and finding a ¾” water line almost plugged. It was cleaned out and will now run better than 20 gallons a minute. The water value at 5th and Elm will be done next week. The council asked for a report on the line leading to the South Ridge Subdivision. Larry asked about a run off line behind Pingree’s house. It wondered about the necessity of the line at that location and perhaps being in the way as work is done on South Ridge. It was suggested talking to JEO and changing it when water work is done at the subdivision. 

Randy Payne had a verbal maintenance report. Work has begun at 5th and Main. The street was milled down approximately 3” then overlay will be done. It will take 2 to 3 days to finish. Work at 3rd and Cherry is done. There is still some work north of 3rd and Cherry that will be done at a later time. Dan would like them to get back to finishing sealing the streets. They will first paint the speed bumps and curbs on 3rd St. before school starts. Randy suggested the City buy a striping machine for painting stripes, curbs and parking spaces. The council will take that under consideration.

There were no reports from the library, JayCees, senior center or Care Center. MAC committee is working on the economic development plan that will be discussed shortly. They are also finalizing a brochure. The BUILD committee’s “Welcome to Louisville” sign was discussed. The city clerk is to look in to who is responsible for watering. It was observed that it is probably watered too much as there is water standing in the ditch.

The next discussion concerned the economic development plan that was worked on by Roger Johnson and members of the MAC committee including Alan Mueller and Dee Henry. Copies had been provided to the council members with two options of a resolution. The options pertained to the application review committee’s members, option 1 being more general, option 2 being more specific as to who can be on the committee. Option 1 states, 5 members, 2 of whom will be from the financial services field, 2 citizens at-large from the City of Louisville, and one member of the City Council. Option 2 states, 5 members, 2 of whom will be from the financial services industry, 1 of whom will be from the real estate industry, 1 of whom will be from the construction industry and 1 of whom will be from the marketing industry. If qualified in one of these industries, the mayor may appoint a member of the City Council. This committee will be involved up front to look at the business plan, finances, viability, etc. and would benefit from having people with expertise in certain areas to make sure the applicant is proposing something that’s feasible. While the city council understands this theory, they have concerns about the number of citizens to fill these specific positions in a city this size. All members of this committee are appointed by the mayor with approval of the council. The application review committee and the program administrator, the city clerk, will be involved up front and make a recommendation to the city council. The council will make a decision to proceed with that project. Then there is another committee called the citizens advisory committee that will keep track after the fact. Their responsibility is to monitor progress on the project. They will come to the council every 6 months and advise the council on the results of their review. The citizens advisory committee will consist of 5 to 10 citizens as set forth in the ordinance. The terms on these committees are staggered so not all are going off at once. The resolution contains a summary of the whole economic development plan. It was explained that the sales tax goes ten years so this plan would need to be revised after that amount of time. There was a brief discussion of the verbiage of the proposition that will appear on the ballot. It was made clear that the tax is already in place and the proposition is just specifying how the funds for economic development can be used and how much. It was agreed to add the words “existing 1% city sales tax” where it just said sales tax before. The proposition had to include the allocation, the duration and the maximum so it already has a lot of words, but by adding a few words makes it more clear. It was agreed that promotion and education of the city is key to the passing of this proposition such as newspaper articles, brochures, signs and letters from other cities that have a plan in place and what its done for their city. Harris moves to adopt the economic development plan and resolution as amended, Manley seconds. Roll call vote: Manley – aye, Harris – aye, Pankonin – aye. Motion carries. Manley moves, Harris seconds that there be a public hearing on the plan at 7:00 p.m. on August 28, 2002. Roll call vote: Manley – aye, Harris – aye, Pankonin – aye. Motion carries. 

Manley moves, Harris seconds to adjourn the council meeting at 8:42 p.m. Ayes – 3, nays – none. Motion carries. 

I, the undersigned clerk, do hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and City Council of the 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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