Meeting Minutes

April 10, 2002


A regular meeting of the City Council of the City of Louisville was held on Wednesday, April 10, 2002 at 7:00 p.m. at the City Hall. Present were Mayor Dan Henry and council members Rod Petersen, Dave Pankonin, Greg Manley and Don Harris. 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.

Motion by Manley, second by Pankonin to approve the consent agenda. Roll call vote: Harris, aye; Pankonin, aye; Manley, aye and Petersen, aye. Motion carried.

Sheriff Brueggemann and a deputy were present at the meeting to introduce the new K-9 dog. The dog is able to sniff for drugs and do tracking and apprehension. The dog can run at approximately 25 mph. Whenever the deputy makes traffic stop with the dog, routine sniffing is done to avoid being accused of racial profiling. The Sheriff also informed the council of an open house lock down "sleep over" that will be held at the new jail on April 19th. 

Motion by Manley, second by Harris to open the public hearing for a conditional use permit for Hope Hibler for a daycare center at 222 Cherry Street at 7:06 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Hope gave a brief overview of what she is planning. A daycare center with an after school program, as well as toddler program is Hope's objective. A minimum of 40 to 45 children would be needed in order for the daycare center to operate. Hope will also need four to five employees. Hope will be asking the school board if the playground at school can be used for the school-age children. A few members of the audience voiced opinions on the use of the school property. The City Council cannot address issues that the school board would need to decide. The conditional use permit issued by the City is only to allow that type of use in the zoning district. No other comments were voiced. Motion by Harris, second by Petersen to close the public hearing at 7:10 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Motion by Manley, second by Petersen to approve a Conditional Use Permit for Hope Hibler for a daycare center at 222 Cherry Street. Ayes: Petersen and Manley. Abstain: Pankonin and Harris. After a brief discussion with the city attorney, Harris requested his vote be changed to nay. Motion carried. 

Dave Pankonin discussed the Governor's Showcase Community Award for Community Development Week that Louisville has received. Terry Meier of SENDD nominated Louisville for this award. As a result of this award, Governor Johanns will be visiting Louisville in the near future. A definite date has not been set for the Governor's visit. A group from Louisville accepted the award in Lincoln on April 4th. The MAC Committee intends to include this award in a brochure that will be handed out at the Outdoor Living Expo at the Cass County Fairgrounds the first weekend in May. The group was able to visit with other individuals such as Senator Wehrbein and a representative from Congressman Bereuter's office, regarding our water situation and the Hwy 66 Bypass. As a result of these discussions, Congressman Bereuter is planning to be in Louisville on either April 26th or 29th. As soon as more details are available, Dave will let everyone know. 

Dave also reported that the Department of Roads has received the money appropriated by congress for the Hwy 66 Bypass Study. The Department of Roads will be signing a contract with HDR within the next week to start the environmental study. 

Matt Campbell, Ameritas, who administers the retirement plan for the city employees is having a retirement plan review session on April 24th at 7:00 p.m. in Scribner. All employees, council members and spouses are invited to attend. Anyone wishing to go should contact the City Clerk. 

Discussion followed on Resolution 02-07, Endorsement of New Statewide Comprehensive Transportation Program. The League of Municipalities and Nebraska On the Move has requested cities and villages pass this resolution. They are asking the state legislature to adopt a more comprehensive plan for transportation improvements. In the resolution items should be noted that the Council determine to be vital to either safety or economic development. They are hoping to persuade the unicameral to follow suit with other states that have adopted this comprehensive approach so that the unicameral in theory would make more state funds available for counties, cities and villages for transportation needs. Roger Johnson recommended the Hwy 66 Bypass and items in the One and Six-Year Plan be listed as priority transportation projects in the resolution. Motion by Petersen, second by Pankonin to approve Resolution 02-07, Endorsement of New Statewide Comprehensive Transportation Program. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

A deputy from the Cass County Sheriff's office gave the police report. A total of 225.50 hours were patrolled in Louisville. A total of 39 calls for service were answer with 42 citations written and 4 warnings. Dogs running at large were discussed. The deputy informed the council that written complaints from three individuals should be obtained and then turned over to the Sheriff's office. Written complaints need to indicate the owner of the animal, the date and time the animal was running at large. At that time, the deputy can write a citation. Vicious or aggressive dogs should be reported immediately to the county.

Sealed bids for the Sewer Outfall Replacement were reviewed. Five bids were solicited and two were received. Roloff Construction bid $5,050 with a negotiable start date and General Excavating bid $9,980. Motion by Pankonin, second by Petersen to accept the bid of $5,050 from Roloff Construction for the Sewer Outfall Replacement project. Roll call vote: Harris, aye; Manley, abstain; Petersen, aye; Pankonin, aye. Motion carried.

Parking on 4th Street between Oak & Vine. Randy Payne reported there has been an ongoing problem with residents parking on both sides of the street. This will not allow for maintenance or emergency equipment through the area. Randy suggested a No Parking Sign be posted on the South side of 4th Street. The Street Committee will review this and make a recommendation at the next council meeting. 

The Municipal Accounting & Finance Seminar on June 19-21 in Kearney, Nebraska was discussed. Motion by Pankonin, second by Harris to approve Clerk's attendance at the Municipal Accounting and Finance Seminar and pay tuition, room, board and mileage. Roll call vote: Harris, aye; Manley, aye; Petersen, aye; Pankonin, aye. Motion carried

A letter from Eric Obert at JEO regarding compensation to Don Maxon for trees in Prairie Hills was reviewed. The council originally agreed to compensate Don $350 for seven trees that were noted on the plans that would need to be removed in the course of construction. After examining the site it was found that eight trees were physically removed and two additional trees were damaged beyond recovery by construction equipment. Don has requested compensation for the additional three trees at the same rate of $50 per tree. Motion by Harris, second by Petersen to compensate Don Maxon an additional $150 for the additional trees damaged for a total of $500. Roll call vote: Manley, aye; Petersen, aye; Harris, aye; Pankonin, aye. Motion carried.

A Grade 3 Water Operator Training class will be held in Lincoln on October 7-11, 2002. This class will qualify Jack Faubion to inject chemicals into the water for water treatment. Motion by Petersen, second by Pankonin to send Jack Faubion to the Grade 3 Water Operator Training Class in Lincoln, October 7-11, 2002. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried.

Brett Drake of the Louisville Jay Cees presented a request for a Special Designated Liquor License with a revised location for a beer garden on Louisville Daz. This beer garden will be held on Copple's new car lot at 3rd and Main from l: 00 p.m. to l: 00 a.m. on May 25, 2002. Brett also reviewed the youth programs the Jay Cees sponsor. Dan Harris voiced his opposition to the beer garden. Motion by Manley, second by Petersen to approve the request for a Special Designated Liquor Permit for the Louisville Jay Cees on May 25, 2002 on Bob Copple's lot. Ayes: Manley, Pankonin and Petersen. Nay: Harris. Motion carried. 

The Jay Cees are also planning on a carnival for Louisville Daz. Rainbow Amusements has been contacted and it will be set up on the gravel lot owned by Bob Copple on the North end of Main Street. The carnival will have a mixture of rides and will run on Friday night, from noon on Saturday to midnight Saturday night and will have a wristband day on Sunday afternoon. The Jay Cees asked the City for a dumpster for the carnival area. Steve Sherman from the Art Gallery is planning to have a Jazz Band in front of the art gallery during the day on Saturday. The Jay Cees would like to use the city's snow fence for the beer garden as they have in the past. They have also asked for extra trash can liners for the trashcans on Main Street. A request was made to close 3rd Street from the corner of 3rd and Main to the end of Copple's lot. Motion by Manley, second by Petersen to allow the closing of 3rd Street from 3rd and Main to the end of Copple's lot. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

The BUILD Committee will be replacing burned out bulbs on the buildings for the Louisville Daz Celebration. Larry Gulizia will be doing the replacement of these bulbs and repairing any bad sockets. Maureen Gulizia asked if the City would like for Larry to take care of the City buildings also. The cost would be a minimum of $15 per building, plus the cost of the light bulbs and sockets. The buildings included would be City Hall, Library and Fire Station. Motion by Petersen, second by Pankonin to have Larry Gulizia replace burned out bulbs and bad sockets. Ayes: Harris, Manley Pankonin and Petersen. Nays: none. Motion carried. 

Diane Heard requested permission for the Louisville Volunteer Firemen's Auxiliary to sell fireworks at the fire station from June 25th through July 4th. The fireworks are stored in a trailer and are removed from the premises each night. Motion by Pankonin, second by Harris to allow the sale of fireworks by the Fire Auxiliary from June 25th through July 4th. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. The Auxiliary has also volunteered to help with refreshments for the Governor's visit. Mayor Henry noted that a space for 40-50 people is needed for the Governor's visit and he will want to tour the Fire Station, so the Fire Station would probably be the best to use for the short ceremony. 

Street sweeper prices were reviewed. Prices ranged from $5,500 with trade to $30,000 for used sweepers. Discussion followed on repairs and maintenance on the old sweeper. Parts are no longer available for the old sweeper. The Council asked Randy Payne to schedule Rose Equipment and Louis Riha to bring in and demonstrate the model's they are trying to sell before making any decisions. Greg Manley suggested Mike Tom at Parking Lot Cleaning be contacted to see if they had any units available.

Randy Payne gave the Maintenance Report. Work has begun on the 6th Street bridge. The work should be completed within a couple of days. Barricades are being rented from Todco. Randy will check into prices for purchase of some barricades since the City will be doing more street repairs this year. Randy attended a crack sealing and pothole-patching seminar in Omaha. The oil should be changed in the crack sealer once a year. Logan Contractors Supply charges $417.10 to change oil in the crack sealer. Now that the weather is warmer, Randy will be getting started on sealing the streets again. A priority list of street repairs will also be made. Sales tax collections are at $56,000 currently. Pankonin felt $30,000 to $35,000 would be a good range to shoot for, for street repairs, in order to leave a cushion for an unexpected repair. Greg Manley explained how a concrete overlay process works. This new process adds a 15-20 year life span to the street. Roger Johnson requested a copy of the inter-local agreement for Hwy 66 and the maintenance to see if the State would be responsible for any portion of Walnut. Mayor Henry felt the list should be prioritized in the following way; (1) streets that are completely falling apart, (2) streets that are breaking at the edges and (3) highly traveled streets. Clete Petrzilka asked that a cover be secured over a storm sewer at the end of Eastwood Drive. Randy will take care of securing the cover. The BUILD Committee has requested fencing be put up at the City shop area to block the view from the entrance to the State Lakes. This fence should be completed soon. Bids are also being sought on a concrete bunker for storage of rock, sand and gravel. Bids should be ready for the next council meeting. 

Larry Wittrock gave the Peoples Service report. A storage trailer could be utilized at the sewer plan for storage of water and sewer parts. These items were previously stored in the old well house, which has been torn down. The wells are in good shape and consumption is going up with the warmer, dry weather. Eric Obert advised Larry that the State has still not responded on the Copper Corrosion study. Eric is still trying to schedule meetings with the Game and Parks on the water study. Mayor Henry added that the water rates need to be evaluated before a long-term water supply solution can be put in place. The rates may need to be adjusted for the median household income level in order to qualify for State Revolving Loan Funds. 

Jerry McClun gave the report for the Fire Department. The permit has been received from the State Fire Marshal to burn a house owned by Paul Wiles on Walnut Street for a training exercise. This is scheduled for April 28th. Walnut Street will need to be closed for short periods of time to fill the portable tanks, since the hydrants are on the East side of the street. Jack Faubion checked on the possibility of diesel fuel for the squad and new truck. Sapps wanted $1,800 to drop a tank, plus the cost of site preparation. Transwood will allow the City to use their pumps by using any major credit card, or a credit card from them. Transwood appears to be the best option. Jerry will see what needs to be done to obtain the card from Transwood. The new rural truck should be in around the end of July or early August. An open house will be held when the new truck arrives. 

There was no report from the Library, Senior Center or Care Center.

Motion by Petersen, second by Pankonin to enter executive session to discuss personnel at 9:05 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Motion by Manley, second by Pankonin to exit executive session at 9:37 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Motion by Pankonin, second by Harris to adjourn at 9:37 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

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.

Candace J. McClun
City Clerk 

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