Meeting Minutes

August 13, 2003


A regular meeting of the City Council of the City of Louisville was held on Wednesday, August 13, 2003, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members – Joe Smisek, Steve Sherman and J. Alan Mueller. Clete Petrzilka was absent. Also present were City Attorney Roger Johnson, City Supervisor Dan Henry, 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 Pankonin called the meeting to order and asked the council to review the consent agenda. Mueller moves, Sherman seconds to approve the consent agenda. Roll call vote; ayes – Mueller, Sherman, Smisek, absent – Petrzilka. Motion carried. 

The next agenda item was Resolution 03-08, a resolution to approve the Lower Platte River Utilities Board Interlocal Agreement. Mayor Pankonin recapped the process leading to this point. There have been public meetings and visits at our meetings. The attorneys have been instrumental in getting the details hashed out. He stated the reasons why the council feels this is an avenue to pursue. The city’s current well location is a disadvantage. One of the current wells will be taken out when the new Highway 50 comes through. If there was ever a big train derailment or truck accident, the well could be in jeopardy. The state has Louisville on the top of the list to get a new well location. There will be an advantage to the utilities board by forming a strong partnership with the Lower Platte South NRD and their resources and leadership they can provide. It will spread our cost. There is a regional corridor to consider, Game and Parks has three parks and they are very much for this utility district and will throw all the weight and power and influence behind the district. The state of Nebraska likes regional water concepts so that is a plus from the regulatory standpoint. Since Louisville has been involved from the start and Roger has led the attorney work, the city is in the position to be instrumental in operating this water system. Roger answered some questions regarding the agreement. It is tailored for 5 entities; Cass County, Lower Platte South NRD, Village of South Bend, City of Ashland, and the City of Louisville. Mueller moves, Sherman seconds approve Resolution 03-08. Roll call vote; ayes – Sherman, Smisek, Mueller, absent – Petrzilka. Motion carried.

Jim McNally was present to discuss the update of the code book. He brought rough drafts for consideration. The underlined parts indicate changes from the old ordinances. He still needs to get with the city attorney for some details. He suggests a committee meet with him at a time other than a council meeting to discuss the changes and philosophies. Mayor Pankonin appoints Mueller and Sherman to a committee to review the rough draft and meet with Jim, Roger, Dan and Dee to iron out the details and present a final draft to the city council at a later time. 

The first item on the new business section of the agenda concerns the vacation of plat involving lots 390 & 391, Original Town, Louisville. The council packets contained a map and description of the vacation. Paul Wiles converted two lots to one and now wants back to the original two. The planning commission recommended the vacation. The council asked if any construction had been done and Dan confirmed none had been. Sherman moves, Smisek seconds to approve the vacation of plat, lots 390 & 391, Original Town, Louisville, Nebraska. Roll call vote; ayes – three, absent – Petrzilka. Motion carried. 

The B.U.I.L.D. committee was represented by Maureen Gist and John Plucknett to discuss the possibility of transforming their organization into 501C status and they wanted the city’s opinion on this matter. It would entail becoming a legal entity which would help the group have a voice in city projects and help with funding by applying for grants available to non-profit organizations. The B.U.I.L.D. Committee was formed when Main Street was being worked on and have stayed together to ensure the community moves forward and continues to have economic growth. Lowell Daisley was present from the county and stated an option would be to attach the group to an existing 501C group, where the same functions could be performed. This idea prevents them from going through the expenditure and organizational process. Mark Liebman was present and said the first 501C3 organization in town was the Louisville Public School Foundation which is very successful. His regret was that it wasn’t formed originally to encompass the community as well as the school. He wanted the B.U.I.L.D. Committee to recognize that if they do set this up, to consider making the charter a wide base. Roger stated that he had not been involved with a situation where the city provided funding to the 501C3. He has seen cost sharing for projects. Sherman stated his support of the idea to help the city get grants for certain projects. Lowell gave another option to broaden the base of the existing Louisville Foundation and join forces. Mayor Pankonin recapped that the general consensus is to move forward with the idea, but to look at all the options first. 

B.U.I.L.D. also presented a trail way concept which they have been working on for quite some time. Lowell had maps for the council to review. Maureen and Lowell explained the route and features proposed. Maureen stated the committee wants the city’s support as well as the maintenance after it has been given to the city when completed. The surface is proposed to be cement. In terms of the city accepting the trail way, the properties would have to be deeded to the city or leased. Lowell is talking to the railroad about leasing the property involved. B.U.I.L.D. is working on the assumption that the city has the right to the first 15 feet from the curb. The proposed trail way has a barrier for the reason of safety from the creek and the railroad. There is no doubt that it would be a beautiful addition to the city. The first request has been sent into the Department of Roads and has come back approved. This Friday, the second grant request goes in and then the state will assign a person to work on the details. The voting day will be in December to determine if the grant is approved. Construction could begin as soon as fall of 2004. Tonight they need a letter of support from the city for the grant writing phase of the project. Mueller moves, Sherman seconds to send the letter of support to the grant writer. Ayes – 3, nays – none. Motion carried. 

Paul McManis was present to represent the county commissioners and invited everyone to attend their regular meeting August 19th at the fairgrounds at 5:00 p.m.

Rip rap on 6th street bridge was then discussed. Dan stated that now that the settling is done behind the repaired piling, he suggests filling with 6” – 8” rip rap. The estimated cost will be $2,000 - $2,500. Smisek moves, Sherman seconds to approve the rip rap on the 6th street bridge. Roll call vote; ayes – 3, absent – Petrzilka. Motion carried. 

The city has received complaints regarding the speed of traffic on Elm Street heading towards the new development. Dan has gone up there to investigate and he will ask some of the residents on that street for permission to put signs in their yards. Roger suggested contacting the sheriff’s department and having them patrol more in the area. Mayor Pankonin asked the clerk to do that, and have Dan look into sign placement in the area. 

The city budget was the next topic of discussion. Mayor Pankonin stated that he, Dan and the clerk have been working on the budget and was happy to report that the city is in good financial condition. The CPA recommended a transfer of $1,000 from the general fund to the park fund to keep in compliance with the current year’s budget. Mueller moves, Sherman seconds to approve the transfer of $1,000 from the general fund to the park fund. Roll call vote; ayes – 3, absent – Petrzilka. Motion carried. 

There have been several complaints and concerns about parking on 3rd Street west of Main from the alley to Cherry Street. Hope Hibler from Kid’s Place, Inc. was in attendance for this matter. She stated that when she applied for the conditional use permit for the daycare, the issue of parking was brought up and there was no problem. Her concern was if that parking was not available then her employees would have to walk a great distance. Hope tries to leave the spots in front for clients to drop off and pick up. Mayor Pankonin appoints Sherman and Smisek to a committee to look into this matter, make suggestions and come up with a solution before school starts. 

There was a written sheriff’s report.

There was no one present from the fire/rescue department. The clerk brought up the topic of the Cedar Creek Rescue Agreement. After some research, it seems they aren’t paying enough to cover their share of expenses. Dan will attend Cedar Creek’s regular meeting on September 2, 2003 to propose an increase in the amount of the agreement. 

Dan reported for water/wastewater. Dan believes that water deposits should be raised and reviewed at the beginning of every fiscal year. The average monthly bill is $60 - $80 per month. If someone leaves town, two month’s bills exceed the $100 deposit. He also confirmed a policy that says the landlord has to bring the balance up to date before the water can be turned back on. If necessary, the landlord needs to be notified when the bill gets to be beyond the deposit. Dan, Roger and the clerk are to come up with step by step policies for water service and will check with other cities for their policies and procedures. 

Sherman asked about the painting of the crosswalks on Main Street. Dan said it had been done right after Main Street was complete. Last time a company was hired and had it done in a matter of a couple of hours and did it at an off time of day for less disruption and cost roughly $600. The cost will be worked into the budget for next year. The clerk stated the solid waste contract is due to renew this fall. The contract needs to be bid again. Sherman moves, Smisek seconds to publish for bids for a solid waste removal contract. Ayes – 3, nays – none. Motion carried. 

There were no reports for the library, senior center, MAC Committee, JayCees, B.U.I.L.D., or the Care Center. 

Mueller moves, Sherman seconds to enter executive session at 8:28 p.m. for personnel issues. Ayes – 3, nays – none. Motion carried. Smisek moves, Mueller seconds to exit executive session at 9:02 p.m. Ayes – 3, nays – none. Motion carried. 

Sherman moves, Smisek seconds to adjourn the meeting at 9:03 p.m. Ayes – 3, 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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