|September 8, 2004||
A regular meeting of the City Council of the City of Louisville was held on Wednesday, September 8, 2004, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members Alan Mueller, Clete Petrzilka and Steve Sherman. 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. Mueller moves, Petrzilka seconds to approve the consent agenda. Motion carried by unanimous roll call vote.
Mayor Pankonin nominated Roger Behrns to fill the vacancy in the east ward, caused by the resignation of Joe Smisek, until the end of the term in December 2004. Petrzilka moves, Mueller seconds to approve the nomination. Motion carried by unanimous roll call vote. Council Member Behrns then read the Oath of Office.
Mueller moves, Sherman seconds to open the budget hearing at 7:02. Ayes – 4, nays – none. Motion carried. Mayor Pankonin recapped the budget by saying that the city valuations have increased in general and the levy is going to go down substantially. He also explained that the city has experienced some growth in the tax base and that also helped to significantly reduce the levy. No public comment was made. Mueller moves, Petrzilka seconds to close the public hearing on the budget at 7:04. Ayes – 4, nays – none. Motion carried.
Petrzilka moves, Mueller seconds to introduce and suspend the three required statutory reading of Ordinance #761, the annual appropriation bill. Motion carried by unanimous roll call vote. Petrzilka moves, Sherman seconds to adopt and publish Ordinance #761 on third and final reading by title only. Motion carried by unanimous roll call vote.
Petrzilka moves, Mueller seconds to open the public levy hearing at 7:06. Ayes – four, nays – none. Motion carried. No public comment was made. Mueller moves, Petrzilka seconds to close the public levy hearing at 7:07. Ayes – 4, nays – none. Motion carried.
Roger Johnson explained briefly the allowable restricted funds increase. The 2½% increase is the portion which is allowed by law, and is the standard allowable. The 1% that follows is a discretionary increase. Petrzilka moves, Mueller seconds to approve the allowable 2½% restricted funds base increase. Motion carried by unanimous roll call vote. Petrzilka moves, Mueller seconds to approve the additional 1% allowable restricted funds increase. Motion carried by unanimous roll call vote.
Mueller moves, Sherman seconds to approve Resolution 04-06 to set the property tax request at $289,380.00 for the fiscal year beginning October 1, 2004. Motion carried by unanimous roll call vote.
Mueller moves, Petrzilka seconds to temporarily adjourn as City Council at 7:08. Ayes – 4, nays – none. Motion carried.
Petrzilka moves, Sherman seconds to temporarily convene as Community Redevelopment Authority (CRA) at 7:10 p.m. Ayes – 4, nays – none, Motion carried.
Mueller moves, Petrzilka seconds to open the public budget hearing on the CRA at 7:11. Ayes – four, nays – none. Motion carried. No public comment was made. Mueller moves, Petrzilka seconds to close the public hearing at 7:12. Ayes – 4, nays – none. Motion carried.
Petrzilka moves, Mueller seconds to introduce and suspend the three required statutory readings of Ordinance #762, the annual appropriation bill for the CRA. Motion carried by unanimous roll call vote. Petrzlika moves, Sherman seconds to adopt and publish Ordinance #762 on the third and final reading by title only. Motion carried by unanimous roll call vote.
Mueller moves, Petrzilka seconds to adjourn as CRA at 7:14. Ayes – 4, nays – none. Motion carried.
Sherman moves, Petrzilka seconds to reconvene as City Council at 7:15. Ayes – 4, nays – none. Motion carried.
Mueller moves, Sherman seconds to introduce and suspend the three required statutory readings of Ordinance #763; to establish wages and benefits for city employees and appointed officials. Motion carried by unanimous roll call vote. Petrzilka moves, Sherman seconds to adopt on the third and final reading, Ordinance #763. Motion carried by unanimous roll call vote.
Sherman moves, Mueller seconds to continue the agenda item concerning Cedar Creek Rescue Agreement until after executive session. Ayes – 4, nays – none. Motion carried.
Louisville Care Center Administrator, Kari Wockenfuss, was present to discuss the assisted living quarters at the Care Center as well as a general update. The census has grown. Improvements have been made including shutters, cubicle curtains, windows, resident chairs and other things. She invited the council members to a picnic Sunday. Kari updated the council on the assisted living project. The state has refused the Care Center’s request to extend a wing onto the state right-of-way to the north of the building. As a result, the proposal for the extension has changed to the north east onto the Oakridge Apartment property. The question becomes, can any of that property be obtained by the Care Center. City Attorney Roger Johnson is going to look into the possibility of working with USDA, who has the loan on the Oakridge property, to obtain the necessary land. Roger suspects there are certain terms and requirements that go along with that loan which might make this option more time consuming. The Care Center would like to get this taken care of in a timely manner so bids could be taken this winter. Kari plans to attend council meetings at least every other month to keep the council updated on this project. Mayor Pankonin asked Kari about the large increase in the budget at the Care Center for the following year. She said that room rates have increased and they have tried to even them out for everyone. For expenditures, health and liability insurance have doubled, salaries have increased, and equipment is more expensive, as is everything.
Don and Judy McKinney were present to request the alley be opened behind their house at 614 Vine. They stated they wanted to build a garage with rear access. There is no record of the alley ever being vacated. There is also no record of the alley ever existing. Dan reviewed the area and stated that there is an old garage built where the alley should be on the property north of McKinney’s. There are also two retaining walls built in the area where the alley would be. The grade is very steep to the south and would require digging and placement of retaining walls to correct. Mayor Pankonin had concerns about the thoughts of the other residents that would be affected and the expense of the project. Roger Johnson said the council has the power to open the alley but not necessarily the obligation. If they did open the alley, the other property owners would have the opportunity to make claims for damage sustained, such as moving retaining walls or garages. Dan was asked to look into the expense of the project before the council made the decision to open the alley. The council also asked the clerk to check at the register of deeds to see if they have a record of that alley being vacated. Dan also had concerns about meeting setbacks if there was an alley. He agreed to meet with the McKinney’s soon. Mueller moves, Petrzilka seconds to table this issue until further information can be gathered. Ayes – 4, nays – none. Motion carried.
The next items on the agenda concern the annual maintenance agreement between the city and the state regarding the state highway that runs through town. Roger says these agreements are standard. Dan’s concern was that the city has been doing work on these streets and not getting reimbursed from the state. The compliance agreement is for work done this calendar year, which isn’t done yet, so that can’t be signed until the year is over anyway. Mueller moves, Sherman seconds to table the approval of the State Highway Maintenance Agreement No. 55 and the Certificate of Compliance for same until the attorney can study the matter. Motion carried by unanimous roll call vote.
There were no reports from the Sheriff, Fire/Rescue, Library/Senior Center, MAC, Care Center, or JayCees.
Dan reported for water/wastewater/maintenance. There was a bid in the packets for submersible pumps needed at the wastewater plant. Dan talked to other people using these pumps for reference and they were all pleased with the results. These pumps were budgeted into the next fiscal year and he would like to talk to a few more people about their performance. Roger stated that he would recommend soliciting for bids, but they wouldn’t have to be published because of the cost. Dan gave a brief recap of the sewer plant operation for Roger Behrn’s benefit. Mayor Pankonin recommended Roger B. take a tour of the plant so when these items were discussed at meeting, he would have an idea of how they work.
Dan reported that the water tower repair with the scuba divers received approval from the state. He also stated that they were waiting for approval for the water main extension to the new water tower site. He is obtaining prices for parts for the main. Dan seems to think the city is making progress with the water situation. Since changing the valve on 2nd Street, volume has increased in the east part of town.
Dan presented specifications on the skid steer to purchase in the next fiscal year. The council thought the specs looked good and to go ahead and publish for bids. Dan also had pictures of dump trucks available. He is reluctant to buy the first one he sees because he knows he can get a better price. He asked the council how to handle the purchase. If he finds a used one, sometimes it’s only available for a couple of days.
Dan told the council that the next few weeks the street crew will be sealing all the cracks on the new concrete. They are finishing concrete repair at 3rd and Vine. They will be using black patch material along the edges of the streets. He would like to start the building at the maintenance area soon.
The clerk attended the B.U.I.L.D. Committee and reported that they are having a welcome open house for the new owners of Blake’s Soda Fountain and Blake’s Floral and the council members were specially invited. The committee also wanted the council to be informed about a sign on Highway 50, south of 5th Street that they are going to paint and update.
Sherman moves, Petrzilka seconds to enter executive session for legal issues at 8:15 p.m. Motion carried by unanimous roll call vote. Mueller moves, Sherman seconds to exit executive session at 8:54 p.m. Motion carried by unanimous roll call vote.
Sherman moves, Petrzilka seconds to extend rescue services agreement with Cedar Creek until November 10, 2004 on a pro rata per month basis and to lay over the issue till next meeting of renewing the agreement. Motion carried by unanimous roll call vote.
Petrzilka moves, Mueller seconds to adjourn the meeting at 8:55 p.m. Ayes – 4, nays – none. Motion carried.
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, that 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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