Meeting Minutes

May 8, 2002


A regular meeting of the City Council of the City of Louisville was held on Wednesday, May 8, 2002 at 7:00 p.m. at the City Hall. Present were Mayor Dan Henry and council members Dave Pankonin, Don Harris and Greg Manley. Also present were City attorney, Roger Johnson and several guests. Council member Rod Petersen was absent. 

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

Motion by Manley, second by Pankonin to open the public hearing on Prairie Hills Special Assessments Levy. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried. Joanne Kephart appealed to the city regarding the amount of their assessment based on the following: lot 1R, which has an assessment of $3,824, provides access only if needed to the fields behind the Kephart's residence. This area serves no other purpose, there is no paved drives or buildings, nor will there ever be, there is nothing there to consume city services. The Kephart home sits on lot 3, which runs north and south on Sand Hill Road which gives them a much higher proportion of frontage than you would normally see inside city limits, there are no other buildings besides the house and garage which consume city services and they have only one partially paved driveway. The Kephart's are asking the City to help them by assuming 75% of the cost for lot 1R and 75% of the cost of approximately 100 feet of 288 feet of frontage on lot 3. This would bring their assessment down to $10,257, which is more in line with the other homeowners. There were several homeowners who received special consideration for unique circumstances such as the cul-de-sac and Hawthorne Lane. The Kephart's feel their situation is worthy of comparable consideration. Eric Obert of JEO explained how assessments are calculated and how the levy is assessed regarding the timeline for payments, etc. William Barrett asked how the assessments would be payable when added to the real estate tax statement. Steve Meisinger asked if the payments made in the first 50 days should be paid at City Hall. Payments made in the first 50 days are paid at City Hall. No further comments were made. Motion by Harris, second by Pankonin to close the public hearing on Prairie Hills Assessments Levy. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried.

Motion by Manley, second by Pankonin to open the public hearing on Baker/Roach Replat of Lots 31 and 32, Indian Hills Subdivision. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried. Judy Roach explained the reasons for the replat being their house was set at an angle which caused the lot line to run through the house. Troy Baker is willing to sell 50 feet of frontage on his lot and tapered back to a point at the rear lot line. This straightens the lot lines for both lots making them more square. No comments were heard from the public. Motion by Pankonin, second by Manley to close the public hearing on Baker/Roach Replat of Lots 31 and 32, Indian Hills Subdivision. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Lori Pankonin representing the United Methodist Church in Louisville asked the Council to consider the church using the Senior Citizens Center for weekly Sunday services due to structural problems in their church building. They are planning to remove everything from the sanctuary and feel there would be too much of a dust problem to use the church basement for services. They anticipate needing the Senior Center from June 1st through the end of September. Mayor Henry felt the Methodist Church has supported the community in so many ways regarding a meeting place for organizations, etc. They plan to have only one service on Sunday mornings at 9:30 a.m. and anticipate being out of the building by 11:00 a.m. The center has been rented on some Sunday's during the time period the church will need to use it. It was felt that most rentals were for afternoon events and conflicts could be resolved. Rental fees were discussed and will be decided at a later date. 

A deputy from the Cass County Sheriff's office gave the Sheriff's report on activity for the month. 

Resolution 02-08, Prairie Hills Special Assessments was discussed. An interest rate and delinquent date will need to be set for the special assessments. Motion by Manley, second by Pankonin to approve Resolution 02-08, Prairie Hills Special Assessments with an interest rate of 8% on unpaid balances and a delinquent date of June 27, 2002. Roll call vote: Harris, aye; Manley, aye; Pankonin, aye. Motion carried.

Discussion was held regarding Joanne Kephart's request for relief from the City on Special Assessments in Prairie Hills. Cost was based on frontage of each property. Additional lot is large enough for another house and Kephart's could profit if this lot was sold to another individual. It was felt the assessments were calculated in the fairest way possible. Hawthorne Lane and the cul-de-sac costs were shared with the property owners due to Hawthorne Lane being the only access to Prairie Hill Drive and cul-de-sac being an area for emergency vehicles to turn around. Other issues being considered for other developments were discussed. The developer will pick up cost and pass on to property owners through the sale of lots. 

Troy Johnson of JEO gave an update on the South Ridge Subdivision. The final plat previously approved has undergone changes and has not been filed at the Cass County Register of Deeds office. The developers will rescind the previous final plat and present a new final plat to the Planning Commission and City Council. An Administrative Replat could have been done, however it was felt there were too many big changes made for that. The developer hopes to present a new final plat to the Planning Commission and Council in June. A new Subdivision Agreement will also need to be negotiated. There will now be 56 lots, 17 large and 39 regular size. Grading is 70% complete at this time and elevations have been lowered. The detention pond has been moved off the property. Don Harris voiced his opposition to asphalt. Eastridge Circle has been eliminated and has been replaced by a single tier of lots. The lot where the old farmhouse was will now be divided into two lots. Troy will have all the final plat revisions by May 29, 2002. A Subdivision Agreement was discussed, along with running a 10" water line to the subdivision. Troy and Eric Obert will work together on this issue. Costs will be evaluated for the 10" line. Roger Johnson will begin work on the Subdivision Agreement and will contact Dick Berner and Bob Copple regarding the agreement. Motion by Pankonin, second by Manley to have a special meeting of the City Council on May 29, 2002 for the purpose of reviewing the final plat and Subdivision Agreement for South Ridge and to review results of the water study completed by Eric Obert. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried 

Motion by Pankonin, second by Harris to table Resolution 02-09, NCIP Entry to the next meeting. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried.

Ordinance #722 regarding the definition of fences was discussed. Motion by Manley, second by Pankonin to introduce and suspend the three required readings of Ordinance #722, Amend Fence Definition in the Comprehensive Development Plan. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried. Motion by Pankonin, second by Harris to adopt Ordinance #722. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried.

Barb Smisek of the BUILD Committee presented design and cost estimates for a "Welcome to Louisville"sign. The BUILD Committee proposes to place the sign in the lot north of Gambino's so it will be visible from the highway. The total cost of the sign is estimated to be $21,655 including landscaping, lighting and the sign. Home State Bank has pledged $5,000, Ash Grove $2,000 and a grant from Arboretum for 80% of the landscaping costs for $5,324. Approximately $9,331 is still needed in funding, along with a building permit. The area is also in need of cleaning up. Errol Meisinger owns the property where the sign will be placed and a 99-year lease to the City will need to be drawn up with an option to purchase it back. The BUILD Committee is asking the City to haul in rock, bring in dirt, take out three trees and install water to the site. The BUILD Committee would like the area to have a park-like quality. Discussion followed on irrigation and lighting and future plans for a pathway to the lakes. Dan Henry and Louie Riha will donate dirt. Roger Johnson and City maintenance will need to keep track of hours spent on the project for the 80% funding from the grant. A nursery will do the planting and pruning of the plants. More funding is needed to complete the project. Discussions followed regarding using occupation tax money, sales tax funds for economic development and a possible donation from the Care Center. Motion by Pankonin, second by Manley to approve the Welcome to Louisville sign project with the City providing the following 1.) Site preparation assistance, 2.) Legal help by the City Attorney to prepare a lease with Errol Meisinger for the ground, 3.) Provide long term maintenance for the landscaping to meet the requirements of the grant, 4.) Provide up to $10,000 in funds from the City sales tax (economic development) and City Care Center. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried. Further discussion followed on possible fundraisers for the pathway. They anticipate the sign will take four weeks to install and would like to have it completed by the Governor's visit on June 7th. 

Christina DeBrie gave the JayCees report. Plans are to clean up the City Park on May 11th. On May 16th and 23rd a radio station will be running ads promoting Louisville Daz. So far, there are 50 crafters registered for booths for Louisville Daz. The carnival operator will provide a certificate of insurance to Bob Copple. A golf outing fundraiser is planned for July 13th and July 20th will be the annual Poker Run. Jack Faubion will get a new flag for the City Park and check on the lights. 

The No Parking signs on 4th Street between Oak and Vine were discussed. No Parking signs will be installed on 4th Street on the South side of the street. Parking will be allowed on the North side. Jack Faubion will take care of the signs.

Motion by Pankonin, second by Manley to approve Replat of Lots 31 and 32, Indian Hills Subdivision. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried. 

Bids for installation of concrete storage bins at the City Maintenance shop were reviewed and tabled until the June 12th meeting. 

The SENDD Survey was briefly discussed and tabled. 

Mayor Henry will be contacting Ronda Anderson regarding another term on the Planning Commission. 

Sewer Plant repairs were discussed. Don Harris reported a price of $225 per unit and $675 for three units. There will be a door opening on each panel to allow checking the paddles. Don Harris felt the doors could be on a piano type hinge. All three panels should be done at once, as soon as they have everything they need to fix them. Motion by Pankonin, second by Manley to contact the individual giving the bid to fix the panels. Ayes: Harris, Manley and Pankonin. Nays: none. Motion carried.

NCIP Committee appointments were tabled to the June 12th meeting.

No report was given for the Fire and Rescue Departments. 

Larry Wittrock gave the PeopleService report. The wells are working well and the second well kicks on when needed, pumping about 20,000 gallons. Larry is working on moving the sludge out faster. The new outfall line for the sewer plant is completed and working well. Chemical injection will begin by June or July of 2003 as a result of the Copper Corrosion Study. The water system will need to be flushed and water boiled temporarily. The public will be notified when this takes place next year. The City will be ending their contract with PeopleService on August 1, 2002. 

The Care Center is still working on a study regarding the addition of more skilled services, Medicare certification and assisted living. No decisions have been reached yet. 

Jack Faubion gave the Maintenance Report. Clean-Up Day was held on May 4, 2002. Eight dumpsters of general waste were filled, along with 2/3 dumpster of lawn waste and four to five loads of scrap metal. Mayor Henry suggested a scrap metal dealer be contacted before the next clean up day about furnishing a container for white goods, etc. The street repair priority list was also reviewed. Discussion followed on the subject of how these streets should be repaired and the possibility of hiring an extra man over the summer to help with the concrete work. Mayor Henry felt the City has purchased equipment to do some of these repairs and it is not necessary to hire contractors to come in and do them. An air drill may need to be rented. The extra summer help would need to be over 18 years old. Dave Pankonin commented that there have been several compliments on the repairs to the 6th Street Bridge. Different methods of patching and patch materials were discussed. In the future, the City instead of hiring a contractor will also repair valve boxes. Jack Faubion will start working more closely with Larry. 

There were no reports from the Library, Senior Center or MAC Committee. 

Motion by Manley, second by Harris to adjourn at 9:00 p.m. Ayes: Harris, Manley, Pankonin. 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 City of 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.

Cheryl J. Knutson
Deputy City Clerk 

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