|October 13, 2004||
A regular meeting of the City Council of the City of Louisville was held on Wednesday, October 13, 2004, at 7:00 p.m. at the City Hall. Present were Council Members Alan Mueller, Clete Petrzilka, Roger Behrns and Steve Sherman. Mayor Dave Pankonin 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.
Council President Mueller called the meeting to order and asked the Council to review the consent agenda. Petrzilka moves, Sherman seconds to approve the consent agenda. Motion carried by unanimous roll call vote.
Sherman moves, Behrns seconds to open the public hearing on the revision of zoning ordinance 7.11.01 #2 regarding RS District fences at 7:02 p.m. Ayes – 4, nays – none. Motion carried. Jeff Ryan was present with a request to change the zoning regulations by removing the restriction of a 5 acre lot and to allow fences in the required front yard in RS District. Jeff presented a packet with a map of the subdivision, a building permit, a plot plan, pictures of his house, specs for a fence and approval of the building committee. Roger Johnson made sure the council understood that changing the ordinance will affect everyone in RS District, not just this particular case. The council members asked several questions and it was explained that if this ordinance is passed, anyone is the RS District will be able to put a fence in their front yard. The council’s concern is smaller lots being allowed fences in the front yard and Dan explained that 1 acre is the minimum lot size for RS District. The next concern came from what happens if this subdivision is annexed into the city limits. The council was told that even if it’s annexed, it would remain RS District because of the lot size. No other public comment was made. Petrzilka moves, Sherman seconds to close the public hearing at 7:12 p.m. Ayes – 4, nays – none. Motion carried.
Petrzilka moves, Sherman seconds to open the public hearing of the purchase and acquisition of real property at the new water tower site at 7:13 p.m. Ayes – 4, nays – none. Motion carried. Roger Johnson reiterated that the notice stated that the purchase and acquisition was to be by exchange of current water tower site for the new water tower site. No other public comment was made. Petrzilka moves, Sherman seconds to close the public hearing at 7:14 p.m. Ayes – 4, nays – none. Motion carried.
John Plucknett was in attendance to present the application packets for LB 840 and CRA funding opportunities for development. The packets contain a pamphlet with general information, a step by step process and an application. He stated that this was for discussion purposes only and no action was necessary at this point. He also stated that sometimes cities have these economic tools but if they are not used all the time, they are forgotten or as councils change they need to be reviewed. He thought it would be better to be organized with the application process before someone comes along to ask for assistance. John asked that the council make suggestions for changes, if necessary or comments. Mueller stated that the key was that the application was generic, not geared to any business or industry in particular. John’s opinion is that the CRA program isn’t quite as well defined as the LB 840 program. He encourages the council to put together a list of activities and priorities for CRA projects much like has already been done for the LB 840 program. John was asked if B.U.I.L.D. had such a list and he stated they plan to work on this at the next meetings. Roger Johnson suggests a motion approving the packets at a future meeting.
At this point the council heard a report from two members of B.U.I.L.D. John Harrington offered the service of the group as a resource to the council. He says there is a lot of good effort from the committee and a lot of available talent, but it’s not clear how they fit in with the city council. Mueller pointed out that B.U.I.L.D. is on the agenda monthly in the reports section and that would be a time for input. Nothing official really needs to be done as far as getting advice from the committee to the council.
Petrzilka moves, Sherman seconds to introduce and suspend the three required statutory readings of Ordinance #764; Zoning Regulation 7.11.01 regarding fences. Motion carried by unanimous roll call vote. Sherman moves, Petrzilka seconds to adopt on third and final reading Ordinance #764. Motion carried by unanimous roll call vote.
The next agenda item was the purchase of a dump truck. City Supervisor Dan Henry came across a truck this past month and took council members Petrzilka and Sherman to look at it. Sherman moves, Petrzilka seconds to approve the purchase of the dump truck and box for the price of $7,500. Motion carried by unanimous roll call vote.
The maintenance building was then discussed. Dan stated that because of the flood plain issue, the building would have to be elevated to the hundred year level. This would require poured walls and fill dirt to build it up. Dan would like to take the council down to the area and show them in person the area under discussion. He thinks the purchase and construction of the building will have to be scattered over two budget years. Not enough was budgeted this year because only the building was figured in, not the elevation. Dan summarized by saying he would rather live with the old building that we have for another year and build a new one that will last 40 years.
Sewer plant pumps purchase was the next item discussed. There was an estimate in the council packets regarding this purchase. This was built into the budget but needed direct approval per the city attorney. Dan explained the process and also stated he checked the references for the product. Petrzilka moves, Behrns seconds to approve the purchase of the two pumps at the cost of $15,600. Motion carried by unanimous roll call vote.
Darlene Petrzilka was present with a report for the Care Center. She stated they were going to apply for a driveway on the state right-of-way for the proposed assisted living addition. All their other plans have been revised to include everything on the property, not extending over to Oakridge Apartments as stated before.
The skid steer bids were opened and announced. Petrzilka moves, Sherman seconds to have Dan review and make sure they all comply with the specs and come back with a recommendation for an award at the next council meeting. Motion carried with unanimous roll call vote.
Petrzilka moves, Sherman seconds to move the next agenda item, the Cedar Creek Rescue Agreement, to follow the executive session. Motion carried by unanimous roll call vote.
Dave Wedekind was present with a request for water service to a new development west of Highway 50. Dave has visited with Dan regarding this matter. Dave had the understanding that he would be approved for rural water but they have since told him they would not be able to provide water. This development is proposing 11 lots, minimum 10 acres in size. Roger Johnson suggests a letter denying service from rural water before this could be considered because of district issues. Dan needs some time to put some numbers together so the council can make the decision whether to provide water. Mueller moves, Petrzilka seconds to direct Dan to provide some preliminary numbers for water service to the development owned by Dave Wedekind. Motion carried by unanimous roll call vote.
Dan provided measurements and preliminary amounts to establish an alley between Oak and Vine behind the McKinney property as requested at the last meeting. Dan hasn’t had the chance to talk to the McKinneys directly yet, but he feels there might be a better way from the front street. The grade will be too great for a camper anyway, which is what they intended the garage for in the first place. Retaining walls would have to be moved. No action was taken.
The next agenda item was the Southeast Louisville Drainage Study Contract. The total cost of the study is $14,500 with half being paid by a CDBG matching grant. Petrzilka moves, Sherman seconds to table this discussion until the next meeting. Motion carried by unanimous roll call vote.
A special designated liquor license request was presented by The Louisville Art Gallery for November 20, 2004 from 5:00 p.m. to 11:00 p.m. for an opening. Steve stated he was having his three year anniversary opening with a cash bar. The sheriff’s acknowledgement letter has been requested, but hasn’t yet been received. Petrzilka moves, Behrns seconds to approve the special designated liquor license contingent on the approval of the county sheriff. Roll call vote: ayes – Behrns, Petrzilka, Mueller; abstain – Sherman. Motion carried.
Sherman moves, Behrns seconds to approve the designation of Home State Bank as the city depository. Roll call vote: ayes – Behrns, Petrzilka, Sherman; abstain – Mueller. Motion carried.
Behrns moves, Sherman seconds to approve the designation of the Plattsmouth Journal as the legal newspaper. Motion carried by unanimous roll call vote.
Behrns moves, Sherman seconds to approve the designation of William Nessen and Darlene Petrzilka as authorized signatures for the Care Center account. Roll call vote: Ayes – Behrns, Sherman, Mueller; abstain – Petrzilka. Motion carried.
A written sheriff’s report was presented. There were no reports for Fire, Library, Senior Center, Cemetery or JayCees. The clerk presented a report from the rescue department showing number of calls, operating expenses and income. This past fiscal year they put $7,500 into certificates of deposit for future squad replacement. This report doesn’t take into consideration the debt on the fire station.
Dan reported for water/wastewater/maintenance. The water main extension to the new water tower site is complete with only testing left to be done. The crew is working on regulating the spikes caused by the grease inhibitors at the sewer plant. The hydrants are still being flushed on a weekly basis. There is still some crack sealing to be done on the new concrete.
Mueller moves, Sherman seconds to enter executive session at 8:27 p.m. for legal reasons. Motion carried by unanimous roll call vote. Mueller moves, Sherman seconds to exit executive session at 9:27 p.m. Motion carried by unanimous roll call vote.
Mueller moves, Sherman seconds to extend the rescue services contract to Cedar Creek at $3,000 per year with 60 day notice prior to renewal next year of a fee increase and to continue under the current contract for one month to wait for a response. Motion carried by unanimous roll call vote.
Sherman moves, Mueller seconds to adjourn the meeting at 9:29 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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