CITY COUNCIL
Meeting Minutes

July 10, 2002

LOUISVILLE, NE



A regular meeting of the City Council of the City of Louisville was held on Wednesday, July 10, 2002, at 7:00 p.m. at the City Hall. Present were Mayor Henry, Council Members – Don Harris, Dave Pankonin and Greg Manley. Council Member Rod Petersen was absent. Also present were City Attorney Roger Johnson, JEO representative Eric Obert 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.

Mayor Henry called the Council Meeting to order. Motion by Pankonin, second by Manley to approve the Consent Agenda. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye. Motion carried.

Manley moves to open the public hearing on proposed changes to requirements to accessory buildings in RS Zoning District. Pankonin seconds. Ayes: Pankonin, Harris and Manley. Nays: none. Motion carried. The audience was asked for comments. Floyd Winingham mentioned that he couldn’t be at the planning commission meeting so he asked what the proposals were. He was given a copy of proposed changes and told the changes, those including the size of the outbuildings to allow you 5% of your total lot size on anything over 20,000 square feet lots. A total of all outbuildings having a 3500 square feet maximum. Increasing the setbacks of buildings over 900 square feet on the side and back yards. Accessory buildings cannot be more than 150% of your dwelling. Floyd has an existing building that was discussed. He was told that this ordinance would not apply to the existing structure. There was clarification made that any one building couldn’t be more than 150% of the dwelling and total buildings couldn’t exceed the 3500 square feet limit. Harris moved to close the public hearing, Pankonin seconds. Ayes: Pankonin, Harris and Manley. Nays: none. Motion carried.

Manley moves to open the public hearing on the administrative replat of Lots 369 and 370, Original Town, City of Louisville, Cass County, Nebraska. Harris seconds. Ayes: Manley, Harris and Pankonin. Nays: none. Motion carried. No public comment was made. Manley moves to close the public hearing, Harris seconds. Ayes: Manley, Harris and Pankonin. Nays: none. Motion carried.

Motion made by Pankonin to open the public hearing to amend the official zoning map and zoning classification from R-1 to I-1 located at Lot 370, Original Town, City of Louisville, Cass County, Nebraska. Manley seconds the motion. Ayes: Pankonin, Manley and Harris. Motion carried. No public comment was made. Harris moves, Pankonin seconds to close the public hearing. Ayes: Harris, Pankonin and Manley. Nays: none. Motion carried.

Manley moves to open the public hearing on the South Ridge Subdivision Final Plat. Pankonin seconds. Ayes: Manley, Pankonin and Harris. Nays: none. Motion carried. Eric Obert from JEO presented the Final Plat. He mentioned a few changes, one being the location of the detention pond. Others were the removal of a cul-de-sac, and the direction of one of the streets to accommodate the existing trees. Council member Harris voiced his concerns about the size and depth of the detention pond. In Eric’s opinion, it doesn’t concern him and won’t be a problem. Harris moves, Pankonin seconds to close the public hearing. Ayes: Pankonin, Harris and Manley. Nays: none. Motion carried.

Manley moves, Harris seconds to introduce by title only and suspend the three required statutory readings of Ordinance #725, Accessory Buildings in RS Zoning. Ayes: Manley, Harris and Pankonin. Nays: none. Motion carried.

Pankonin moves, Manley seconds to adopt Ordinance #725, Accessory Buildings in RS Zoning. Ayes: Pankonin, Manley and Harris. Nays: none. Motion carried.

Manley moves, Pankonin seconds to introduce by title only and suspend the three required statutory readings of Ordinance #726, Zoning Map Amendment. Ayes: Manley, Pankonin, and Harris. Nays: none. Motion carried

Harris moves, Manley seconds to adopt Ordinance #726, Zoning Map Amendment, changing Lot 370, Original Town, City of Louisville, Cass County, Nebraska from R-1 District to I-1 District. Ayes: Manley, Harris and Pankonin. Nays: none. Motion carried.

Mayor Henry didn’t have NCIP Committee Appointments for the Council.

Pankonin moves, Manley seconds the approval of the Planning Commission recommendations regarding changes to requirements for accessory buildings in RS Zoning District. Ayes: Pankonin, Manley and Harris. Nays: none. Motion carried.

Harris moves, Manley seconds to approve the Planning Commission recommendations on the amendments of administrative replat of Lots 369 and 370 and zoning from R-1 to I-1 at Lot 370. Ayes: Manley, Harris and Pankonin. Nays: none. Motion carried.

The next order of business was a discussion of the subdivision agreement for South Ridge Addition. Bob Copple and Dick Berner had several questions and points to clarify before signing the agreement. It was agreed that if Roloff would be the general contractor, then the performance bonds could be waived. The Subdivision agreement for South Ridge Addition was then signed by Robert Copple, Richard Berner, Mayor Henry and the City Clerk. Harris moves, Manley seconds to approve the South Ridge subdivision agreement. Roll call vote: Manley – aye, Harris – aye, Pankonin – abstain. Motion carried. Harris moves, Manley seconds to approve final plat for South Ridge Subdivision. Roll call vote: Harris – aye, Manley – aye, Pankonin – abstain. Motion carried.

Pankonin moves, Manley seconds to pay $800.00 to SENDD for membership dues. Roll call vote: Harris – aye, Pankonin – aye, Manley – aye. Motion carried.

Don and Judy McKinney were present to voice a citizen’s complaint concerning their neighbor’s animals, specifically dogs and roosters. They have talked to the neighbors and written letters to the Mayor and the City Council and Sheriff’s Department. They wanted to know if there was a city ordinance regarding farm animals in town or a noise ordinance. There is an ordinance regarding fowls running at large. One alternative would be to come up with a new, generic, animal noise ordinance. It was agreed that a letter will be sent to the animal owners to see if that solves the problem. If not, then other steps will be taken.

Jack Faubion explained to the Council that the Heartland Operators Conference held in Kearney is where you get your contact hours for certification. Pankonin moves, Harris seconds to approve sending Jack to this school. Ayes: Manley, Harris and Pankonin. Nays: none. Motion carried.

The next point of business was a discussion of water and sewer testing equipment. Larry Wittrock spoke about the equipment and what was needed. Roger Johnson suggested that the Council authorize Mayor Henry a certain amount of money to purchase the equipment. Harris moves, Pankonin seconds the authorization of $6,000 be spent on the necessary equipment by Mayor Henry. Roll call vote: Harris – aye, Pankonin – aye, Manley – aye. Motion carried.

Delinquent water bills were then discussed. Cheryl Knutson reported that there is a delinquent water bill where the water was shut off in May and now the house is for sale. There has been no response from the owner. The amount due is $183. A letter was sent on July 8th letting the owner know that a lien can be put on the house if the bill is not paid. Pankonin moves, Harris seconds that another letter be sent to the owner regarding his delinquent water bill. Ayes: Pankonin, Harris and Manley. Nays: none. Motion carried.

The written Sheriff’s report was discussed. 197.89 hours patrolled in the month of June with 15 citations.

Jerry McClun reported for the Fire/Rescue Departments. He thanked the board and the maintenance department for repainting the fire hydrants over the summer. It really helps the appearance around town and having the caps color-coded according to the NFPA standards helps also. They aren’t quite all done, but working on it. He also talked about looking into putting fire hydrants on intersections without them. The new ambulance stretcher for the Ford squad is in and in service, paid for with memorial money and proceeds from fish fries and pancake feeds. The rural fire truck is in and at the radio shop right now. An Open House is scheduled for Sunday, July 14th from 1:00 to 4:00, with a dedication ceremony at 2:00. Fire Auxiliary is furnishing hot dogs and refreshments. A representative from the Sunderland Foundation will be there and it was suggested that the Council be represented. Jerry also asked that something be put on the city office marquee to announce the event. He also said they’d have their budget request in by next week.

Larry Wittrock gave his Peoples service report. The wells pumped 8,626,800 gallons for a daily average of 287,560 gallons per day. The new well pumped 7,826,800 gallons. The water and fluoride tests were good. There were 31 shut off notices delivered, with two of them shut off. The wastewater plant treated 2,351,740 gallons for a daily average of 78,391.3 gallons per day. Candy McClun reported that the pressure at her house has been good. Mayor Henry reported that the new well can pump 400 gallons a minute, when it first started it was only pumping 300 gallons per minute. Randy Payne showed Mayor Henry a new product in a magazine that scours the lines by hooking into a fire hydrant rather than digging to the main, cutting through and sending a pick through then go so far and repeat the process. The new product alternates air and water through the line to get the job done. It was discussed to look into the product more thoroughly. Mayor Henry also discussed talking to Eric Obert about setting up a meeting with Game & Parks regarding locating a new well field. The next discussion involved the purchase of a ¾ ton pickup set up with everything Larry needs for sewer and water including a utility bed. It will also be equipped with a V-shaped snow plow in the front. It was agreed to get quotes from a couple of different places then make a decision.

Jack Faubion gave a maintenance report, stating they were still working on potholes and cracks in the streets. It was reported that almost everything west of Main Street was done. There was a discussion regarding the intersection of 3rd and Cherry. Mayor Henry wants that concrete work to be done before school starts. It was agreed that street maintenance is critical for streets the age of Louisville’s. And the maintenance crew was complimented on their work from the Mayor who has heard comments from the citizens regarding this matter. The clerk was reminded that any street repair bills are to come out of the sales tax money.

There was no report from the library board. Mayor Henry reported that Tabitha had been doing some painting at the Senior Center and the summer maintenance crew was waiting for some rainy days to help finish. Dave Pankonin stated that the Methodist Church was very appreciative of Pat Schliefert and everyone who’s helping with the temporary use of the Senior Center. 

There was a written report from the Care Center with the main focus being research on assisted living. 

Dave Pankonin reported that the MAC Committee is working on a brochure that takes into account not only the businesses but also the city government and school and other things. The MAC Committee would like to work with the BUILD Committee to incorporate tourism and potential residents interests into this brochure that will replace the temporary ones being used now. 

The BUILD Committee’s sign was then discussed. Positive comments all around. Larry is working on a water line to the site.

Cory Chubb then addressed the Council regarding barricades along Main Street for parking during a poker run to be held on July 27th. He was advised to be put on the agenda for the July 24th meeting at which time action can be taken.

There was no report from the JayCees. Mayor Henry mentioned that he would like an accounting of how Louisville Daze turned out. They will be asked to come to the next meeting with that information. Don Harris would also like to ask if the JayCees help do yard work for elderly citizens. 

Manley moves, Pankonin seconds to adjourn the meeting at 8:30 pm. Ayes: Pankonin, Manley and Harris. 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.

Dee Arias
City Clerk 


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