CITY OF LOUISVILLE

BOARD OF TRUSTEES

May 10, 2000

LOUISVILLE, NE

A regular meeting of the Board of Trustees of the Village of Louisville was held on Wednesday, May 10, 2000 at 7:00 p.m., at the Village Offices. Present were: Chairman McManis; Trustees: Jim McClun, Frank Evans, Wayne Chriswisser, Kevin Bender; Attorney Morten; 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 board members. Their acknowledgment 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.

Motion by Chriswisser, seconded by McClun to approve the Consent Agenda which includes: Village minutes of April 26, 2000; Village and Care Center warrants; treasurer's report; investments and transactions; Village administrative report; acknowledgment of Planning Commission minutes, building permits approved: Kevin White lot 1 West 1st Addition home addition, Dan Bojanski lot 476 & So 43'2" of lot 477 detached garage contingent upon specifications presented to the building inspector, Jeff Roberts Northridge II lot 6 home; ayes: Evans, Chriswisser, Bender, McClun, McManis; motion carried. Bowzer will have a hearing May 24 @ 6:45 before the Board of Adjustment for a front setback variance request.

Don Hlavac [residence 207 Walnut] noted the loud bands at Good Times are disturbing their sleep. Greg Manley noted they were awakened at 12:30 am. Don noted particularly the last two weekends were the most disturbing and caused the home to vibrate. Don asked the bar to turn down the music; doors were open; sheriff called. Bar personnel stated they had permission from the Village Board to play as loud and as long as they wanted. Morten noted this is considered disturbing the peace and should be cited by the Sheriff. Hlavac noted Sunday afternoon the band was loud also; however, during the day is not as bad as night. Evans said the bar should be advised of the concerns and the Village Board did not state as long and as loud as they want. Clerk to send a letter to Good Times stating complaints were received at the board meeting and the noise should be abated or could be cited and any questions should be directed to the Village Attorney. Hlavac stated during intermission the jute box was turned up. Per Lamprecht , he advised the deputies to have the music turned down but since it was a business, band playing, the time [7 - 8 PM] there was nothing wrong. McManis noted the late hours as discussed. Lamprecht asked about a street dance on Memorial weekend and how it can be allowed and what the board wanted to do. Morten stating a street dance outside is a different issue and a one time special event. Lamprecht states the time of the evening 10 - 11 is not a problem but perhaps later is a problem. Dispatch has been told to have the people complaining come to the board and make a decision. Morten asked the officers to go listen first hand to determine if the walls rattle. Lamprecht said the Sheriff deputy peace cannot be disturb. Lamprecht stated what may be loud to one may be soft to the other. Morten requested the Sheriff cite the business for disturbing the peace and let the judge make the call.

Randy and Rick Gruber discussed 7th St east of Elm where their parents, Ernie Gruber, lives. Rick Gruber thanked the Village Attorney and Village Clerk for reviewing the property as the Gruber attorney and Morten agreed upon. Rick noted no one else has reviewed the property. McManis said several board members have been up there; including himself and McClun. Ernie stated they have not stopped and came onto the property. McManis noted he did not physically enter the property but saw no reason to enter the property. Rick felt the board members need to look the property over. Eric Obert reviewed the property Tuesday, May 9, and found no problem with extending 7th street. Rick suggested access on highway 66 to Schliefert property and if board considered other options. McManis said they have but asked Rick to ask his questions. Rick asked about highway 66 and 1958 Schliefert addition which was proposed and if the engineer has looked at that. McClun said that was abandoned because the state would not allow access onto the highway, they had to run the street past the front or back door of the house to get to it. McManis said highway department is very adamant about not granting access because of 66 coming down the hill and line of sight on both sides. Rick said that was 1958 so is the possibility still open. McManis said he has had conversations with the state within the last year and they feel more adamant now than in 1958. Kessler asked why that would be if they are moving 66 anyway. McManis said because that is 15-20 years down the road. Rick said if the loop goes south it will effect highway 66. McManis says if the loop ever exists the district engineer will state it is 20 years away. Evans noted the state preferred route is through town and the farthest south route was the second consideration but they did not think it was feasible. McManis stated the board has supported the 5th street bridge [66 cross at 5th St] which was proposed and on the schedule 15 years ago and told to the board it would be done in three years and it is still on the drawing board. Rick asked about the dump road. McManis said the board has discussed but has not proceeded to visit with adjacent property owners but it has been discussed. Morten asked the board if 7th street was an eminent type situation; if 7th went through would it be right of way. McManis said the possibility exists that the board could reroute the access into South Ridge Subdivision via the old dump road and perhaps, in the future 20 years or when possible, continue 7th street because by then Louisville may have grown half way to Plattsmouth. Louisville does not want to abandon it's right to 7th street but understands the problem that exists now and does not want to disrupt anyone's life by insisting the road be run through there tomorrow. McManis said there is a compromise that could be reached by getting an access road at a different location but maintain the right to 7th street. Rick noted the original letter disturbed his parents and now the neighbors to the south involved. Survey indicates the neighbors to the north [Mildred Gardner] have their fence 9' on Gruber property, now my parents can't sleep about that either. McManis noted the board can't do anything about it. No survey done when property purchased. Bender said that is Village property and it is going to happen sometime. McClun said but Grubers are trespassing on Village property. Morten said Gruber has their claim for adverse possession. Of course there is a statute of limitations and it is kind of a wash and would be a waste of everyone's money because the Village has eminent domain authority. Need to reach a solution. Rick said he does not want to negotiate until the Village does an engineer study and cost to taxpayers with decisions made first. Morten noted the property is still a platted street and in the Village limits and will not be in Grubers' hand until quiet title is filed and legal action taken. Rick felt Gruber will have to file quiet title. McManis didn't think there was another option except the dump road as temporary and cannot gain access to highway 66. Rick said so the board is going to compare the cost of the dump road to 7th street. McManis said the board in order to consider less controversy and disturbance to all those involved the board would compromise and use the lower [dump road] position for the road for the interim period, be it 20 or 50 years; after some of us have passed on some one else may want through 7th street but this board is looking very seriously at leaving it undisturbed and using an alternate route now and that's the best the board can offer now. Bender said the Village is going to use the lower road but the Village is not going to give Gruber's the right of way. Randy Gruber said the only problem with that is when his parents are gone, the boys will have to do something to settle the property because it is not sellable as it sits and there is no street access to the property or garage; Gruber boys will be forced to settle this. Morten asked the Gruber's if they recognized the Village did not cause the issue. Randy Gruber acknowledged the Village did not cause the problem. McManis noted the current board will not be sitting here when this happens. Morten noted the Gruber's have a quiet title problem and would have the same problem if the 7th street did not come up. Rick asked why Ash Grove did not bring it up when they sold it to his parents. Morten noted there was probably not a title search or it should have shown up. Morten said if property wasn't turned over this issue wouldn't have came up until the first time it went to be sold. Morten further stated the Village owns the right of way and garage on it until a quiet title is filed and if Gruber has a legitimate adverse possession filed and Gruber wins it, it is still going to be titled to the Village [eminent domain]. Randy said so the family may still have to go ahead. McManis said this board may not do that but some board in the future could still gain access to the property by eminent domain. Randy said so if Gruber straightened it out now it would allow Gruber to sell it and then the next property owner would have to deal with it. McManis said what the current board is looking at now is to do what the board can do for Gruber's and satisfy the Village's needs. Joe Kessler noted he felt his property to the south would be severely impacted if 7th street is extended. Bender said the board is not going to do anything to your property. Rick noted traffic on the hills and stop sign placement. McManis noted the hills are a problem.

The Planning Commission May 1 discussed Eastwood sidewalks. The Planning Commission felt that because the new South Ridge subdivision, going in out by the dump, will be required to put in sidewalks and that the Eastwood covenants require concrete sidewalks 3' wide by 4" thick to be installed in front of each improved lot and the side of each improved corner lot Eastwood should do so. They felt the board should not be partial to any one area such as sidewalks installed in South Ridge but not Eastwood [covenants not followed]. Greg Manley noted Scott Johnson is building new homes in Eastwood and the Planning Commission is enforcing he put in sidewalks in front of his new homes because it is in the covenants for Eastwood. Charles Hite asked why it wasn't enforced. McManis didn't think anyone had an answer or were they on the board when the development began. Morten noted the covenants are an agreement between the property owners and the developer, the Village has no authority to enforce restrictive covenants. Deb Johnson asked how it could be enforced now. Charles Hite asked why not enforced with the builder rather than the current property owner. Morten said the Village can under its own code require sidewalks. McManis read the Eastwood covenants regarding sidewalks. Morten said the covenants are a private contract between the lot owner and the developer of the property. Hite stated the properties are developed already. Morten noted yes, but the covenants run with the title to the lot. McManis said there is a new developer putting in new homes now, the Village is requiring him to put in sidewalks. The board cannot tell him to put in sidewalks and not have the rest of the property owner's put in sidewalks, this causes a bind. Hite said someone put their foot in their mouth when they let the builders build and did not install sidewalks and now the property owners have to. McManis agreed the property owners are paying for the mistake. Morten said the Village does not enforce the restrictive covenants, it is between the property owner and developer. Hite asked who is going to enforce. Morten noted the property owners because it is their contract with the developer. McManis felt the question was why is the Village forcing them to put in sidewalks now. Deb Johnson noted 20 years ago when the development started the covenants were not enforced at that time as well as many other clauses of the covenants. Some of the new owners have complied with sections of the covenants as asked because it wasn't across the board but specific to certain property owners. Deb said now you are trying to enforce a covenant that was there from the beginning for each property which has never been enforced. Deb said she understood the Village could not enforce the covenants. Deb said she never received a set of covenants. Morten said the title company should have provided. Deb's recommendation was to collectively as a group revise a set of covenants and give up the sidewalks because they have never been enforced. Whatever happens in South Ridge is the new development responsibility. No enforcement agency is in place per Deb and she stated she understood it is not the city responsibility to enforce. Morten said Deb is talking like the city is responsible to enforce but the city is not going to control the covenants and if it is covenants are looked at with the developer agreement and when the plat is issued. Agreements will be used in the present. Morten said the city code can enforce sidewalks be installed by property owners or the city can and assess the property owners. Deb stated should one or two property owners would have chosen to follow the covenants to their own liking and chose to put in sidewalks then there would be room to say it should be uniform because it is in the agreement and should now be enforced. The Planning Commission is acting as the enforcement agency per Deb. Morten said no the Planning Commission has recommended sidewalks. Errol Meisinger was the developer. McManis said the covenants were by Meisinger in 1977. Charles Hite noted the Village can require sidewalks be installed and the builders should have been required to install and the Village monitor and require then. McManis said the Village did not have that type of code then. The Clerk advised the Chairman yes there was codes for sidewalks. Morten said sidewalks are not mandatory but the Village can require sidewalks be installed. McClun asked what the homeowners association wants. Deb said she was not representing the homeowners association but those opinions of her own. McManis asked how many Eastwood residents were present who oppose sidewalks. Appeared to be six residents present. McManis asked why they were opposed. Petrizelka noted there will be some expense such as himself removing a cherry tree and on the east side of Eastwood who will foot the bill for the transformers and utilities which need moved. Petrizelka noted he likes the covenants and goes along with the covenants and does not want them thrown out but do sidewalks in the entire town. Deb stated sidewalks do not attach to anything. McManis, McClun, Bender, do not have sidewalks in front of their homes and understand but the suggestion is to have a joint meeting 5/24/00 with the Planning Commission and Eastwood residents be present to discuss. Bender felt the association should get with the Planning Commission and hear all the grips not the Village Board. McManis said this is where the heat comes and if one doesn't like the heat one must get out of the kitchen. The Planning Commission makes the recommendations and this board has to make decisions. Bender asked if the homeowners have met with the Planning Commission. Manley noted no; however, the builders in 3rd St Cir were advised to install sidewalks because they are in the covenants. Bender said but the Planning Commission can't enforce the covenants so the builder can build anyway. Morten and McManis said the Village can require sidewalks. Morten refreshed the statement the Planning Commission can recommend but does not enforce. McClun said it is crazy to require a sidewalk in South Ridge they are just an added expense to homeowners and going to no where. [5/24/00 agenda]

Discussions: police report by Lamprecht; per Peoples' Service no coliform; ordinances postponed until May 24th.

Library water line filter to be reinstalled and maintenance to do routine maintenance and change filters quarterly or as needed.

Motion by McClun, seconded by Evans to rent a chipper for May 13 clean up estimate $170; ayes: Evans, Bender, McClun, McManis; nay: Chriswisser; motion carried.

Chriswisser noted Cedar Creek appears to be in favor of supporting sharing the cost of the rescue fund; numbers submitted to the Clerk; Chriswisser to follow up. Cedar Creek fire department is self-supporting and not part of the Village and Chriswisser must attend their meeting yet. Telephone line won't be discussed until then; Chriswisser will request the cost the telephone line be shared if the siren system is not switched over to high band; appears to be no objection. Chriswisser noted the Schmader Electric $4,310 was noted to come from the city fire department fund; per Chriswisser the civil defense siren high band set up is not a function of the fire department but a responsibility of the city and prefers the system should be purchased through the city and not the fire department fund. Clerk did not agree with posting to other funds rather than fire department as discussed with auditor and referred to in admin report. Chriswisser requested this be looked into further. Rescue department transport waivers for a department personnel was presented, survey of other towns completed. Survey: Union bills everyone; Weeping Water accepts what insurance pays for all members current or retired; Elmwood accepts what insurance pays for current and retired members; Eagle don't bill; Plattsmouth no charge for immediate members; Greenwood no charge current or retired members. Chriswisser stated the fire and rescue department with 15 years of service is considered retired rather than 25 years. Chriswisser noted 8-10 active members with 15 years service, 7 retirees with 25 years of service. McManis asked if the Village could accept the insurance payment as other communities noted are doing, it would be revenue to the rescue fund. Chriswisser noted there is no problem with that. McClun noted 20 years ago and this was a service only for the those retired with 25 years of service. McManis said the proposal is to bill everyone and accept the insurance and then no waivers for anyone. Motion by Evans, seconded by Bender to submit rescue bills to all active members and accept their insurance payments, change 25 year retirement to a 15 year retirement for fee waiver; ayes: Evans, Bender, McManis; abstain: McClun, Chriswisser; motion carried.

Jaycees, Brett Drake reported: 29th chapter in Nation out of 4,300, 3rd in State out of 60; live band Saturday night, teen dance Friday night; parking restrictions: closed 9-4 1st - 3rd, 12-4 2nd - 3rd, 3rd St Main to Cherry all day; events reviewed for Louisville Days. Ronda Anderson the Jaycees are looking into teen issues in town, provide future activities; city garage sale 6/17/00, entry fee to cover cost of maps and advertising, concessions available; 6/24 poker run.

Pto report, Ronda Anderson: skating party @ Elmwood 5/19/00, pre discussion meeting prior to regular PTO meeting for school issues/policy/education.

Motion by Chriswisser, seconded by McClun to open the South Ridge Subdivision preliminary plat hearing; ayes: Evans, Chriswisser, Bender, McClun, McManis; motion carried. Dick Berner presented a new plat. Copple showed some grade / water run off recommendations from Eric Obert. Clerk noted Eric recommended grading plans and 24" - 36" storm sewer. Per Copple, he didn't think Eric wanted grading plans but will check with him but felt Eric was comfortable with Copple/Berner rough it out, survey once rough grading done, calculate the number of yards at that time. Eric was down Tuesday. Copple noted dirt does need moved. Estimates per Copple: storm sewer $ 200,000; water $ 88,000, sewer $ 145,000, paving $ 263,000, grading $50,000, engineering $30,000; about $700,000 - $800,000 total costs without land. Financial consideration was asked for paving by the Village in the intersections, Elm St through the Hoover property to the perimeter of the known South Ridge part [Luellen property] and for a portion of the storm sewer since in the developers opinion this is an improvement to the entire city not just the subdivision. Developers are dedicating two street right of way on the north property line and thinks this is a substantial give by the developer. McManis requested a dollar figure for the assistance requested before committing and not a blank check. McManis felt there was no problem with the paving of the intersections, Elm St, and the street portion through the Hoover property. Copple felt they were trying to make this a first class development. Berner noted at some point the cost is so much people won't pay for the cost of the lot. Motion by Chriswisser, seconded by McClun to close the South Ridge Subdivision preliminary plat hearing at 8:12 PM; ayes: Evans, Chriswisser, Bender, McClun, McManis; motion carried. No action taken on the preliminary plat, 5/24/00 agenda.

One bid was received from Alan Mueller for the legal description identified in Resolution 2000-16, known as Village property at and near lot 804. Mueller submitted a bid of $500 which does not meet the minimum bid requirement of $1,000 as stated in the resolution and the Village retained the right to reject any or all bids. McManis stated the Village should retain the property and forget the sale of it. Motion by Evans, seconded by McManis to approve Resolution 2000-20 rejecting all bids submitted and rescind sale of the Village property; ayes: Evans, McClun, McManis; nay: Chriswisser; abstain: Bender; motion carried. McManis stated the Village may need use of the lot in the future.

Motion by Chriswisser, seconded by McClun to approve Resolution 2000-21 99PW008 [Main St] DED drawdown #5 and warrants: ayes: Evans, Chriswisser, Bender, McClun, McManis; motion carried.

Motion by McClun, seconded by Evans to approve Resolution 2000-22 99HO604 Housing Rehab DED drawdown #2; ayes: Evans, Chriswisser, Bender, McClun, McManis; motion carried.

Motion by Evans, seconded by McClun to approve Resolution 2000-23 Street District 99-1 [Prairie Hills area] warrants; ayes: Evans, Bender, McClun, McManis; abstain: Chriswisser; motion carried.

Motion by Chriswisser, seconded by McClun to rescind Resolution 99-16 and approve Resolution 2000-24 sales tax language correction as requested by the NE Revenue Dept; ayes: Evans, Chriswisser, Bender, McClun, McManis; motion carried.

McClun asked where the plans were for Prairie Hills Street District. Clerk noted they plans were not ready for tonight as Eric had indicated but plans on an open house toward the end of the month with the property owners. Notices will be mailed. McManis noted the property owners have been told by the Village Board the streets will be paved prior to snow and it better be completed. No information from Eric on the test well sites. Eric will attend May 24th meeting; asphalt costs from ME Collins are not ready; working on Maxon easement and bring 5/24/00. Morten needs easement information once received.

Motion by Evans, seconded by McClun to rescind the sale of the fire department pagers to Union because the frequencies can't be changed; ayes: Evans, Chriswisser, Bender, McClun; abstain: Chriswisser; motion carried. Pagers to be advertised in the Smoke Eater Nebraska and Iowa since the posting did not produce any units which may be in need. Village Attorney approved advertising in the magazine.

Morten reported the bank would release the Haynie property. Ducks and chickens are not allowed in the R1 district [farm animals in an R1 district]; therefore, a zoning violation as opposed to a nuisance. Sheriff will not cite for animals and state law requires they do and enforce all laws. McManis asked if a letter should be issued or cited. Chriswisser and Bender stated cite the owners for zoning violation; all concurred. Sheriff office to cite the ducks and chickens in town because they are not allowed per the zoning ordinance. Per Morten, Sheriff responded to the contract requests and does not want to revise the contract. Chriswisser felt Jackman property on 3rd St should be cited and Grimes property at 5th & Walnut cited.

Motion by McClun, seconded by Bender to enter executive session at 8:31 PM for Sheriff and LRFD contracts, negotiations; ayes: Evans, Chriswisser, Bender, McClun, McManis; motion carried. Motion by McClun, seconded by Bender to exit executive session and adjourn at 9:50 PM; ayes: Evans, Chriswisser, McClun, McManis, Bender; motion carried. Attorney Morten to issue another letter to Cass County Sheriff. Chriswisser to follow up with LRFD. McManis to work on negotiations.

I, the undersigned clerk, hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Chairman and Board of Trustees of the Village of Louisville to the best of my knowledge; that the agenda was kept continually current and available for public inspection; and that the minutes were in written form and available for public inspection within 10 working days; the minutes are published in summary form.

Beverly M Dennis
Clerk/Treasurer


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