Meeting Minutes

November 13, 2002


A regular meeting of the City Council of the City of Louisville was held on Wednesday, November 13, 2002 at 7:00 p.m. at the City Hall. Present were Mayor Dan Henry, Council Members Dave Pankonin, Joe Smisek and Don Harris. Council member Greg Manley was absent. Also present were City attorney, Roger Johnson 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. All proceedings thereafter were taken while the convened meeting was open to the public.

Mayor Dan Henry called the meeting to order at 7:00 p.m. and asked the council to review the consent agenda. Pankonin moves, Harris seconds to approve the consent agenda. Roll call vote; Pankonin – aye, Manley – absent, Harris – aye, Smisek – aye. Motion carried.

Michele Nickolson was present to request a tenant only parking sign between Cherry and Main on 3rd street. She reported that she has to park away from her apartment building and a bigger concern is her daughter getting onto the school van for school. It sometimes has to stop in the street because there is no parking available. She was asked how many tenants were at that property and she said six. Restricted parking was discussed with the possibility of tenants being issued a permit that allows them to park beyond the restriction. Roger’s concern was whether it’s allowed to make a public street into private parking. Generally, rental units require off-street parking and Roger doesn’t know the history of this particular property. Some investigation needs to be done as to whether a variance was issued because there was no off-street parking available. There was question as to whether parking was allowed in front of the garage and Michele stated that parking in the very last spot causes problems with delivery trucks down the alley. The statement was made that it’s too bad parking can’t be made in the yard for tenants. Mayor Henry agreed to talk to the property owner about making parking in the yard area. Harris moves, Pankonin seconds to table the situation for further investigation. Ayes – 3, nays – none. Motion carried. 

Lynne Eklund from the sheriff’s department had suggested that the “15 mph, when children present” sign at the corner of 3rd and Cherry be moved further south to give motorists a warning that a school is coming up, not waiting until you’re there to slow down. Smisek moves, Pankonin seconds to move the sign to 4th and Cherry per suggestion of Officer Eklund. Ayes – 3, nays – none. Motion carried. 

Matt Scott from Heartland I-net was present to discuss the possibility of using the water tower for internet antennas. He provided a sample contract that includes basic information about their company. They provide high speed internet access to rural communities in Nebraska. Matt gave references of surrounding towns where they are using grain elevators. The basic contract provides $150.00/month for the use of the tower, plus free internet access to the city office. The contract will need to be reviewed by the attorney. Heartland would do the installation, be responsible for any damage done to the tower, maintain the antennas, provide liability insurance, etc. Smisek moves, Harris seconds to allow Heartland I-net to install antennas on the water tower per Roger’s approval of the contract. Ayes – 3, nays – none. Motion carried. 

Dave attended a meeting earlier in the week regarding redistricting the county since the plan for five commissioners passed the election. The three commissioners invited seven citizens to make a recommendation for the redistricting. The final approval will come at the county commissioner’s meeting next week. They passed out ten different plans. The drivers were the population and the importance of keeping school districts together. There was consensus on plan number 10 which provides for an appointment of a new commissioner in our area of the county which includes Louisville, South Bend, Manley, Weeping Water and Mahoney exit area. This recommendation will be approved next Tuesday, then there will be an application process for appointments. 

Don Harris wanted to discuss the current fence ordinance. He doesn’t understand the reason for the restrictions of fences in the required front yard. Roger looked up the ordinance in question and read it to the council members. The possibilities to change would be to draft a new ordinance or amend the old one. The concern became everyone putting up different kinds of fences and the look becoming hodge-podge. If you start this, then the city will have more problems than you have by not allowing fences. Roger asked that if a motion is made, it needs to be specific, including height, materials, setbacks, etc. Harris made a motion to have Roger prepare an ordinance to allow fences in the front yard with a maximum height of 42”, rail or chain link per specs to be determined later. There was no second. Motion has been denied for a lack of a second. 

Ordinance #730 was discussed. This ordinance amends Ordinance #679 to include the terminology “ownership reverts to the owners of the abutting real estate.” The original ordinance refers to the vacation of Mill Street adjacent to lots 286 through 288. The owner wants to add on to the storage unit in that location, but had trouble with a county official that wanted it in writing that the property belonged to him. Smisek moves, Harris seconds to introduce and suspend the three required statutory readings of Ordinance #730 to amend Ordinance #679. Ayes – 3, nays – none. Motion carried. Pankonin moves, Smisek seconds to adopt Ordinance #730. Ayes – 3, nays – none. Motion carried. 

Ordinance #731 was introduced to set use rates for the sale of public water and the use of public sewer and drains. Pankonin moves, Smisek seconds to introduce and suspend the three required readings of Ordinance #731 to adjust the water rates to a base rate of $14.25 and $1.30 for every 1,000 gallons with an additional adjustment for those outside the city limits. Ayes – 3, nays – none. Motion carried. Smisek moves, Pankonin seconds to adopt Ordinance #731. Ayes – 3, nays – none. Motion carried.

There was a brief discussion concerning the cleanup of the Haynie property. The legal issues were discussed. The nuisance abatement procedures were explained and will be followed. It was determined that an emergency situation should not be declared. Mr. Haynie will be given a time frame to complete the cleanup. If not done in that amount of time, the city will hire a contractor to clean it up and put a lien against the property. 

Roger was to find out where Plattsmouth got their trash receptacles but hasn’t yet gotten the information. 

There was a discussion on the policy regarding employees going to classes, whether that had to be on the agenda. Those types of things are put into the budget so don’t need to be approved individually. Larry will go to backflow prevention class in January.

The council members reviewed a subordination agreement sent by Terry Meier regarding the 1999 Housing Rehabilitation Program. His recommendation is that the City of Louisville subordinate its position so that the homeowner can refinance the home. Smisek moves, Pankonin seconds to approve the subordination agreement. Roll call vote: Smisek – aye, Pankonin – aye, Harris – aye, Manley – absent. Motion carried. 

The next item on the agenda concerned Planning and Zoning Commission appointments. Mayor Henry reported that Morris Beck and Marty Stander both resigned from the commission. Ronda Anderson has been elected Chairman to that committee. Mayor Henry nominated Candy McClun to fill Morris Beck’s term. Pankonin moves, Harris seconds to accept the nomination of Candy to the Planning Commission. Ayes – 3, nays – none. Motion carried. Other possibilities will be contacted. 

Jerry McClun had presented a written report that was in the council member’s packets. New boots will be the next big purchase and they were budgeted for this year. Jerry was complimented on their hard work and great job done. 

Water/wastewater was the next topic. Larry accompanied Mayor Henry and the city clerk to a meeting in Lincoln on the 4th of November with Roger Meeks, Jack Daniels and others concerning our participation with HDR for the Platte River Corridor Water Study and Louisville’s water needs. The wells were discussed. Larry was asked about the sewer plant. Twenty loads of sludge were hauled out last month. He’ll drop back to ten loads per month. Larry met with Roger Rylander and he would like to see a well head encroachment ordinance. Roger will send Larry some sample ordinances. He also suggests updating the backflow protection policies. The city’s insurance sent up an investigator today to look over the Don Miner situation. The council will be advised as to the results of that investigation. Larry was asked about the equipment necessary for the water injection process that needs to be in place by Spring, 2003. Eric Obert will be here Friday to instruct Larry regarding necessary equipment and names of suppliers for that equipment. A set of bid specs will be sent to suppliers for bids. Installation may or may not be bid, but at least some consulting will be necessary. There was a loose connection at the well that had to be repaired this last month. 

Jack reported for the maintenance department. They have been working on getting all the snow equipment ready for winter. Jack is in the process of changing water meters that need replaced. A successful clean up day was reported. The brush along the creek is the next thing that needs to be done. The drainage ditch has been cleaned out through Louisville State Lakes and the railroad got their culvert cleaned out. 

The sheriff’s department reported on their activity. 237 hours patrolled, 61 calls, 37 citations and 19 warnings. None of the citations were city ordinance violations. Harris asked about jake brakes in town. There are signs posted and the sheriff will pass the word along to keep the officer’s aware of the situation.

There were no reports for the library, senior center, care center, JayCees or the BUILD committee. 

Dee Henry was present to update the council on the MAC committee’s progress and activities. They have helped with the Care Center staffing, done some theater advertising, assisted with the community survey, helped to pass Proposition One, and are working on brochures. They are in the final stages of proofing the new brochure and she had a sample that was passed around. Dee and Maureen Gulizia have done a tremendous amount of work with the MAC committee and they were commended and thanked. Dee suggested thinking about ideas to get the word out about Louisville, to draw families to the city. Bob Copple had an idea about billboard advertising instead of theater advertising. Dee said she’d checked into them at one time. The mayor and council are open to suggestions. The city clerk is to look into the reason why the Department of Roads took “Louisville” off the sign on the interstate coming west out of Omaha. Pankonin suggests if the city clerk doesn’t get anywhere with the Department of Roads, to get in touch with Roger Werhbein’s office. 

Bob Copple reported on the progress of South Ridge. If the weather holds, paving will be done by Friday. The entrance is graded and a landscaper is working on using some of the sandstone to finish it off. Eric Obert will get the water main extension specs done and to the city council by the first meeting in December. There was a lengthy discussion regarding the timing of the construction of the extension and the ability to annex the property. Bob’s concern was a delay in annexation because the water wasn’t available yet. The subdivision will be ready before the city will be ready. Roger stated that the city can annex the property irregardless if the city has their commitment done. 

Smisek moves, Harris seconds to adjourn the meeting. Ayes – 3, 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 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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