|November 9, 2005||
A regular meeting of the City Council of the City of Louisville was held on Wednesday, November 9, 2005, at 7:00 p.m. at the City Hall. Present were Council Members Alan Mueller, Clete Petrzilka and Roger Behrns. Mayor Dave Pankonin and Steve Sherman were 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 the council reviewed the consent agenda. Petrzilka moves, Behrns seconds to approve the consent agenda. Motion carried by unanimous roll call vote of those attending.
Behrns moves, Petrzilka seconds to approve Resolution 05-09; Support for Bike/Walking Trail on the expanded Highway 50 Bridge. Motion carried by unanimous roll call vote of those attending. The resolution was read into the record.
Petrzilka moves, Behrns seconds to approve Resolution 05-10; No Parking on Eastwood Drive, Louisville as recommended by the Fire Department. Motion carried by unanimous roll call vote of those attending. The resolution was read into the record.
Petrzilka moves, Behrns seconds to introduce by title only and suspend the three required statutory readings of Ordinance #777; Outdoor Fireplace Regulations as recommended by the Fire Department. Motion carried by unanimous roll call vote of those attending. Behrns moves, Petrzilka seconds to adopt by title only Ordinance #777. Motion carried by unanimous roll call vote of those attending.
Petrzilka moves, Behrns seconds to award the bid for the surplus sander to the highest bidder, Wayne Chriswisser for $510.00. Motion carried by unanimous roll call vote of those attending.
There was a lengthy discussion involving updates to the comprehensive plan and a blighted and substandard designation. It is recommended to update the comp plan every ten years. The City of Louisville’s was done in 1997. Roger Johnson stated there are several firms that do comp plans and since this is a professional service, these firms can be interviewed. The city can ask for a statement of qualifications and ask for their estimate. A sealed bid process is not necessary. He also suggested that a whole new district be formed for the blighted and substandard designation, not an extension of the existing district. He informed the council that a specific site could be designated without a study. If the city wants to designate an entire area, a study would be necessary. Bob Copple questioned the necessity of a new comp plan and the justification of spending that kind of money. Economic development seems to be the driving force behind updating the comp plan and the blighted and substandard designations. Dan reminded the council that these updates were not in the budget and would require amending the budget to get them done in this fiscal year. The council directed the clerk send letters to different firms, set up interviews and gather bids. No other council action was taken.
The next agenda item, an agreement with NE Game & Parks was moved to executive session.
Council Member Sherman entered the meeting at 7:30 p.m.
The next discussion involved the proposed subdivision, The Ridges. The planning commission recommended waiving the regulation that requires paving of the streets and concrete curb and gutter for the subdivision. This recommendation comes by way of a discussion and letter from Keith Marvin, a planner at JEO. The council reviewed a map showing the proposed subdivision in relationship to the proposed Highway 66 Bypass. Some lots will have to be adjusted to accommodate the Bypass and the developers are willing to do that. They were just looking for the waiver of paved streets to make this development feasible. Behrns moves, Petrzilka seconds to waive the paving requirements and the concrete curb and gutter requirements pursuant to Section 7.01 in the subdivision regulations. Motion carried by unanimous roll call vote.
Petrzilka moves, Behrns seconds to approve pay request #2 for the Louisville Care Center Assisted Living Facility to Prairie Construction in the amount of $167,856.52. Motion carried by unanimous roll call vote.
Kari Wockenfuss reported for the Care Center at this time. Construction is moving along at, or ahead of, schedule. Medicare has been very productive for the Care Center.
The council was presented with a letter from Lisa Maher regarding a sex offender’s ordinance and copies of ordinances from other towns to consider. Roger Johnson gave his legal opinion and stated he believes such ordinances are unconstitutional according to the state constitution Article 1; CI-25. He also believes the state legislature will address this issue immediately upon opening session in January and will probably address it through the criminal penalty statutes. No council action was taken.
The discussion of acquisition of property for economic development was moved to executive session.
Petrzilka moves, Sherman seconds to approve pay application #4 for Maguire Iron in the amount of $181,782.98. Motion carried by unanimous roll call vote.
The next discussion concerned additional insurance for carriage rides for “Ringing in the Season,” the holiday celebration in Louisville. Lynn Berner-Smith and Berner Real Estate was going to sponsor carriage rides for the B.U.I.L.D. committee event on December 3, 2005 but was concerned about insurance. The city has special event liability coverage but it excludes animals. Pat from Tecumseh Insurance said an additional policy could be purchased for around $350. B.U.I.L.D. asked the council to consider paying for the policy. The city attorney suggested that if the carriage rides are taking place on the city streets, the city should get the policy, but he doesn’t believe it will cover the business sponsoring the rides. Other options were discussed. Mueller moves, Behrns seconds to approve the sponsorship and insurance coverage for the carriage rides for “Ringing in the Season” for economic development in the amount of $750. Motion carried by unanimous roll call vote.
A written sheriff’s report was circulated. There were no reports for fire/rescue, JayCees, water/wastewater/maintenance, Library or Senior Center. Lynn Berner-Smith reported for B.U.I.L.D. She stated there were new officers elected and they are going to alternate officers to attend the city council meetings. She thanked the council for all their support. Council Member Sherman mentioned he would like B.U.I.L.D. to suggest to its members to sweep cigarette butts from in front of their businesses daily.
Petrzilka moves, Mueller seconds to enter executive to discuss legal issues related to agenda items 6-D and 7-C at 8:20 p.m. Motion carried by unanimous roll call vote. Petrzilka moves, Mueller seconds to exit executive session at 9:38 p.m. Motion carried by unanimous roll call vote.
Behrns moves, Mueller seconds to adjourn the meeting at 9:39 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, 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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