CITY COUNCIL
Meeting Minutes

July 12 , 2006

LOUISVILLE, NE


A regular meeting of the City Council of the City of Louisville was held on Wednesday, July 12, 2006, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members Clete Petrzilka, Alan Mueller, Roger Behrns and Steve Sherman. Also present were City Attorney Roger Johnson and City Supervisor Dan Henry and several guests. Mayor Pankonin stated that the Open Meetings Act is posted at the rear of the room.

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 Pankonin called the meeting to order and asked the council to review the consent agenda. Petrzilka moves, Behrns seconds to approve the consent agenda with the exception of the Care Center claim for Prairie Construction and the City claim for Maguire Iron which will be discussed later in the meeting. Motion carried by unanimous roll call vote.

Mueller moves, Petrzilka moves to open a public hearing at 7:05 p.m. for the consideration to change the zoning classification from TA District to RS District on property legally described as: A portion of SW ¼ Sec 22-12-11, SE ¼ SW ¼ Sec 22-12-11, NE ¼ 22-12-11, (Timber Ridge), Tax Lots 60, 61, 62, 65, 66, 67, 68 and 69, Cass County, Nebraska. Motion carried by unanimous roll call vote. City Supervisor, Dan Henry, explained the request. The council reviewed the map. The planning commission recommended the zoning change which complies with the city's future land use map. There were no public comments, questions or objections. Mueller moves, Behrns seconds to close the public hearing at 7:08 p.m. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to open a public hearing at 7:09 p.m. for the consideration to change the zoning classification from TA District to RS District on property legally described as South ½ of NE ¼ of Section 23-12-11, except tax lot 14 and except Highway 66 ROW and except that area designated by the State of Nebraska Department of Roads for the proposed Highway 66 by-pass and that area immediately west of the proposed Highway 66 by-pass (The Ridges), Cass County, Nebraska. Motion carried by unanimous roll call vote. Dan explained that the lots will all be above one acre lots in accordance with the city's zoning regulations. The lots have been reconfigured to comply with the city's request to avoid the proposed Highway 66 Bypass area. The council reviewed the map. The planning commission recommended the zoning change which complies with the city's future land use map. Jim Mayfield asked several questions regarding the development. Outbuildings in the area will have to meet city zoning regulation requirements. No livestock of any kind will be allowed. Covenants will set the minimum square footage of the houses. A homeowner's association will be formed for road maintenance. The construction of the roads hasn't yet been finalized. The size of the lots varies from one to two acres. Drainage was also discussed and the developers stated that the natural setting will be preserved as much as possible. Mueller moves, Petrzilka seconds to close the public hearing at 7:20 p.m. Motion carried by unanimous roll call vote.

Behrns moves, Mueller seconds to open a public hearing at 7:21 p.m. for the consideration of a preliminary plat of a major subdivision per the Louisville Subdivision Ordinance 735 legally described as follows: South ½ of NE ¼ of Section 23-12-11, except tax lot 14 and except Highway 66 ROW and except that area designated by the State of Nebraska Department of Roads for the proposed Highway 66 by-pass and that area immediately west of the proposed Highway 66 by-pass (The Ridges), Cass County, Nebraska. Motion carried by unanimous roll call vote. A more specific map was presented showing dimensions of each lot. No public comment or concerns were voiced. Petrzilka moves, Mueller seconds to close the public hearing at 7:23 p.m. Motion carried by unanimous roll call vote. Mueller moves, Petrzilka seconds to approve the final plat of The Ridges as presented. Motion carried by unanimous roll call vote.

Mayor Pankonin updated the city council and audience on the Highway 66 Bypass. The environmental assessment was delivered today. The next step will be a public hearing on September 12, 2006 at the Senior Center. More information will follow.

Petrzilka moves, Mueller seconds to introduce by title only and suspend the three required statutory readings of Ordinance #783; to change the zoning classification from TA District to RS District on property legally described as: A portion of SW ¼ Sec 22-12-11, SE ¼ SW ¼ Sec 22-12-11, NE ¼ 22-12-11, (Timber Ridge), Tax Lots 60, 61, 62, 65, 66, 67, 68 and 69, Cass County, Nebraska. Motion carried by unanimous roll call vote. Behrns moves, Mueller seconds to adopt by title only Ordinance #783. Motion carried by unanimous roll call vote.

Behrns moves, Mueller seconds to introduce by title only and suspend the three required statutory readings of Ordinance #784; to change the zoning classification from TA District to RS District on property legally described as South ½ of NE ¼ of Section 23-12-11, except tax lot 14 and except Highway 66 ROW and except that area designated by the State of Nebraska Department of Roads for the proposed Highway 66 by-pass and that area immediately west of the proposed Highway 66 by-pass (The Ridges), Cass County, Nebraska. Motion carried by unanimous roll call vote. Petrzilka moves, Behrns seconds to adopt by title only Ordinance #784. Motion carried by unanimous roll call vote.

Mayor Pankonin recommended moving both items in the unfinished business section to executive session.

Mueller moves, Petrzilka seconds to approve pay application #10 for Prairie Construction in the amount of $53,388.01 for Louisville Care Center Assisted Living Facility. Motion carried by unanimous roll call vote.

Petrzilka moves, Sherman seconds to approve Change Order #4 for Prairie Construction in the amount of $26,279.00 for Louisville Care Center Assisted Living Facility. Motion carried by unanimous roll call vote.

Kari reported for the Louisville Care Center. The Mayor and Council asked about the bond fund and the availability of funds for additional change orders. An open house is being scheduled for the new facility on August 27, 2006 from 2:00 to 4:00. The Louisville Care Community will operate under two separate licenses. Census is down in the Care Center but interest is very good for the assisted living section.

Cory Chubb reported that the poker run scheduled for July 29, 2006 was cancelled so no action was taken on agenda items 7C and 7D.

Cory and Mandi Chubb presented an application for LB840 financial assistance. The LB840 plan administrator will proceed as necessary with the application. Cory and Mandi will finish the CRA application and submit as soon as possible.

John Scandola was present from US Cellular with a proposal for the use of the water tower for wireless service. It would entail 6 panel antennas at the top and a 20 X 12 prefab, equipment shelter at the base of the tank. It would be an initial five year lease with the city with option for 5 more 5 year leases for a total of 30 years. The frequencies do not conflict with the other company that agreed to use the tower. Dan stated that JEO and Health & Human Services will want more detailed drawings on how the antennas are attached to the tower and the city will want JEO and Maguire Iron to sign off on the project. The contract is negotiable.

Mueller moves, Petrzilka seconds to approve the appointment of Don Tietjen to the Louisville Housing Authority to replace Loyd Braack's term. Motion carried by unanimous roll call vote.

Mueller moves, Petrzilka seconds to approve the dues request for Southeast Nebraska Development District (SENDD) in the amount of $1050. Motion carried by unanimous roll call vote.

Mueller moves, Petrzilka seconds to approve the housing dues request for SENDD in the amount of $314. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to approve the reappointment of Mary Tietjen to the Louisville Care Center Board for a three year term, effective July 1, 2006. Motion carried by unanimous roll call vote.

Behrns moves, Mueller seconds to approve the reappointment of Ed Kasl, effective July 1, 2006 to the Louisville Care Center Board for a three year term. Motion carried by unanimous roll call vote.

Sherman moves, Behrns seconds to approve the reappointment of Brian Orr to the planning commission for a three year term. Motion carried by unanimous roll call vote.

Sherman moves, Behrns seconds to approve the reappointment of Keith Witte to the planning commission for a three year term. Motion carried by unanimous roll call vote.

Sherman moves, Behrns seconds to approve the reappointment of Brian Mickalski to the planning commission for a three year term. Motion carried by unanimous roll call vote.

Sherman moves, Behrns seconds to approve the reappointment of Bob Keiter to the planning commission for a three year term. Motion carried by unanimous roll call vote.

The Cedar Creek Rescue Agreement was discussed. Using the figures from April 05 to March of 06 17 out of 85 calls were to Cedar Creek; 20%. Total expenses for the same time frame (including 26.5 hours of wages @ $20/hour) were $22,524.39. 20% of that is $4,504.88. County assistance has been cancelled. It was agreed that prices of everything are going up, and will continue to go up. The total expenses do not include the rescue portion of the bond payment on the building. Behrns moves, Petrzilka seconds to rewrite the contract with the price as $4,500 for the next year and forward to Cedar Creek. Motion carried by unanimous roll call vote.

Mueller moves, Behrns seconds to approve the contract with Staubach for BNSF Railroad Pipeline License contract fees and an additional $1,000 for BNSF's Railroad Protective Policy. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to approve pay application #9 for Maguire Iron in the amount of $14,533.64 for the water tower. Motion carried by unanimous roll call vote.

The written sheriff's report was circulated. There were no reports for fire/rescue, library, JayCees, Senior Center or BUILD. Dan reported for maintenance, water and wastewater. The tower has been filled and the water tested. The city is still using the old water tower at this time while valves are being installed in the water mains. Well applications have been sent to Health and Human Services. The wells have already been approved by NRD. The pictures of the well houses were sent to Nebraska Game & Parks and Jim Swenson believes they will be acceptable. The valves are all done on the water mains in town and the city is in good shape to isolate problems if necessary. There still needs to be some work done at First & Cherry. When all work is complete, a corrected map will be made of the water mains showing all of the new valves. The council members noted that the streets need to be cleaned and the weeds in the cracks of the sidewalks need to be pulled.

Sherman moves, Petrzilka seconds to enter executive session at 8:50 p.m. to discuss real estate acquisition for an industrial park and to discuss developer/subdivision agreement negotiations regarding The Ridges. Motion carried by unanimous roll call vote. Mueller moves, Petrzilka seconds to exit executive session at 9:47 p.m. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to have the city apply for Economic Development money to acquire an option and do preliminary development study on the designated area for an industrial park. Motion carried by unanimous roll call vote.

Mueller moves, Petrzilka seconds to have Dan negotiate a developers agreement with Berner/Copple for The Ridges as directed. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to adjourn the meeting at 9:49 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, 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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