Meeting Minutes

December 11, 2002


A regular meeting of the City Council of the City of Louisville was held on Wednesday, December 11, 2002, at 7:00 p.m. at the City Hall. Present were Mayor Dan Henry, Council Members – Don Harris, Greg Manley, and Dave Pankonin. Joe Smisek was absent. Also present were City Attorney Roger Johnson, City Engineer 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.

The meeting was called to order by Mayor Henry and asked the council to review the consent agenda. Pankonin moved, Manley seconds to approve the consent agenda. Roll call vote; ayes – 3, absent – 1. Motion carried. 

Harris moves, Pankonin seconds to introduce by title only and suspend the three required statutory readings of Ordinance #732, the adoption of Louisville’s Economic Development Program. Ayes – 3, nays – none. Motion carried. Pankonin moves, Manley seconds to adopt Ordinance #732. Ayes – 3, nays – none. Motion carried. The City Attorney read Ordinance #732.

The business of the Ray Haynie property was discussed first. Dan told Ray he appreciates all the work being done on his property. Ray stated circumstances for the delay, but he has plans to have it finished by the end of the year. Dan explained the abatement proceedings to Ray and the need to continue with procedures once they have been started. The next step would be a public hearing with a deadline set to finish the cleanup. If not done by the deadline, then the city would do the work and the cost would be assessed to the property owner. Manley moves, Harris seconds to set a public hearing for the abatement procedure on the Haynie property for January 8, 2003 at city hall at the regular council meeting at 7:00 p.m. Ayes – 3, nays – none. Motion carried. 

Joanne Kephart was present to discuss mandatory sewer connections at her property on Sandhill Rd. The Kephart’s hired a contractor to do the work and they were told their sewer line was too low. She came to the city council meeting to find out what options were available. She was introduced to Larry Wittrock and Eric Obert. Eric explained that when the sewer line was put in, it was figured to allow 12 feet below main floor level. This allows 10 feet for the basement with 2 extra feet. The sewer line is actually 12’8” underground. The sewer line out of the Kephart house is 5’7” below the basement level which makes the elevation too low to allow gravity pull to the sewer line. The possible solutions are: raising the elevation coming out of the house or a pump. Dan suggested that he and Larry come to the Kephart’s to look at the plumbing personally. There is the possibility of the sewer line coming out of the house a different way. The pump should be the last resort because if the electricity is out, then you have no sewer. Pumps are also mechanical and those things break down. The city requires the Kepharts to hook up to the sewer because it’s within 250 feet of the house and the city has to make the sewer available. It’s available, it’s just not the right height. All of the options need to be looked at. An appointment was made to have Dan and Larry go to the house to look at the plumbing Saturday afternoon at 3:00.

Bob Copple and Dick Berner were present to discuss Southridge Subdivision and the city’s share of costs as per the subdivision agreement. A sheet was presented listing those costs. The first items concerned the sanitary sewer line and related items, such as a manhole and riser, which the city agreed to pay to the property line. The handout included an original estimate for that portion at $14,650 with the actual cost of $8,614,80. Other items discussed were fire hydrants. The agreement calls for the owner to install hydrants every 500 feet. Any stricter standard imposed by the City will be at City’s expense. The fire department wanted to see hydrants every 300 feet so the city is responsible for three extra fire hydrants. Another item was the removal and replacement of pavement on Elm Street. The dirt work of the Elm Street approach was another expense. The last expense was the intersections for which a diagram was presented showing square footage. The actual cost for the intersections was about $10,000 less than the estimate. Eric Obert looked over the list and didn’t see any problem with any parts. The issue of the lift station was discussed and is a totally different issue. The bill was discussed with the city attorney. Pankonin moves, Harris seconds to pay Berner-Copple, LLC $36,115.48 for the city’s portion per the subdivision agreement for Southridge including: 1. 8” Sanitary Sewer, 2. Sanitary sewer manhole, 3. Sanitary sewer riser, 4. Hydrants, 5. Remove and replace pavement, 6. Elm St. approach, 7. intersections. Roll call vote; ayes – 3, absent – 1. Motion carried. The street lights were discussed. Dick and Bob drove to Prairie Hill to specifically look at street lights and they are more than comfortable with the same, standard lights at Southridge. They are meeting with OPPD tomorrow to get electricity installed. The electric company seems to recommend more lights than necessary. Dick and Bob will meet with OPPD and get a design with the same lights as in Prairie Hill and Bob will bring it back to a future meeting. They are pretty much done out there and Dick thanked the council for working with them so well. Dick and Bob were complimented on their work as well. Bob said he’d come back at another time to discuss street signs. Dan read from the subdivision agreement that the signs will be at the owner’s expense. Bob asked if the city could order those signs for them and Dan said sure and the city would get the guidelines for setbacks to Bob.

Eric Obert from JEO presented a synopsis of the status on current projects with timelines included. Also presented was a cost estimate for the east water main extension in which the estimate has come down considerably. The plans and specs for the extension are completed. They have been submitted to the state. The approval process should be done in 30 days. The legal descriptions aren’t yet finished. They should be done by the end of the week and forwarded to the attorney. The crossing and occupancy permits to the Nebraska Department of Roads have been submitted. The required documentation for the Bond Council will be done next week. Eric gave his anticipated timeline for completion of this project. Approval from the state by the end of this year, advertisement of project in January, approval of bid in February, and completion of construction by May 31, 2003. Eric went over the project in general, stating starting in Eastwood and coming down to the highway and bore under the highway, then west and straight south to addition. He would like to see 20’ easements. The water line does get a little deep at places. The next project discussed was copper corrosion treatment. The plans and specs should be completed next week and then submitted to state for review and approval. The anticipated timeline has state approval in January, negotiations with contractor in February, installation of equipment in March and implementation of treatment in April. The potential for more time spent by employees for this procedure was discussed. This process will break up the sediment in the lines and clean them up. The fire hydrants will be flushed extensively after starting. Eric suggested notices being sent out to prepare citizens of the process and the expected results and explain that the state is mandating this method. Manley moves, Pankonin seconds to approve the plans and specifications for the east water main extension and publish the bids. Ayes – 3, nays – none. Motion carried. 

The sheriff’s written report was reviewed. 

Larry Wittrock had a written report prepared for water/wastewater. Larry has been working on steps to comply with Roger Rylander from NHHSS and their recent inspection. One of the state’s recommendations is to inspect the water tower internally every 5 years and Louisville is at the limit. One bid has been received where they go in with scuba gear and don’t have to drain the tower. Another bid will come in soon where they drain the tower to inspect. Larry also reported about some recent sewer lines that had to be tv’d. The problems seem to be in the private lines. A separation was discovered during the inspection. That is a problem that will have to be fixed. 

Randy Payne was present to report for the maintenance department. He stated last year he presented a list of wanted items and equipment at the beginning of the year and wondered if the council wanted him to do that again. Randy asked Roger if he had checked out the maintenance contract with the state regarding Walnut Street and some panels that need repairs. Roger’s recollection is even though it is a state highway, it is the city’s responsibility for minor repairs but he will check his files. Dan’s concern is most of the damage is utility work and the state will say it is the city’s responsibility to make sure streets are put back properly after utility work. The maintenance department is cleaning up the creek edges. Dan would like to talk to NRD and the Corp. of Engineers and show them the problems with the washout on the creek and ask their opinion on what to do. 

There were no reports from the Fire/Rescue, Library, Senior Center, MAC Committee or the JayCees.

Mayor Henry reported that the occupancy rate at the Care Center is near 90%, possibly in the high 90’s by next week. Some research is being done on assisted living feasibility.

The BUILD Committee had a nice reception Sunday with a power point presentation on the history of Main Street. 

Harris moves, Manley seconds to adjourn. Ayes – 3, nays – none. Motion carried.

The newly elected east ward council member, Clete Petrzilka was sworn in by City Attorney Roger Johnson. 

Roll call was taken. Present – 2, absent – 1. Petrzilka moves, Pankonin seconds to continue this meeting at 7:00 p.m., Wednesday, December 18, 2002 at city hall due to lack of quorum. Ayes – 2, nays – none. Motion carried.

Pankonin moves, Petrzilka seconds to adjourn. Ayes – 2, nays – none. Motion carried.

The continuation of the meeting was called to order by Mayor Henry at 7:00 p.m., Wednesday, December 18, 2002 at city hall. Roll call was taken. Smisek – here, Petrzilka – here, Pankonin – here. The first order of business was the election of council President. Dan recommended that Dave Pankonin remain the President. Petrzilka moves, Smisek seconds to reelect Pankonin as council President. Ayes – 2, nays – none. Motion carried. Pankonin moves to nominate Petrzilka as Vice-President, Smisek seconds. Ayes – 2, nays – none. Motion carried. Mayor Henry appoints Roger Johnson to remain as City Attorney. Pankonin moves, Petrzilka seconds to approve the appointment of Roger Johnson as City Attorney. Ayes – 3, nays – none. Motion carried. Mayor Henry appoints Dee Arias as City Clerk/Treasurer. Petrzilka moves, Pankonin seconds to approve the appointment of Dee Arias as City Clerk/Treasurer. Ayes – 3, nays – none. Motion carried. Mayor Henry appoints Cass County Sheriff for City Law Enforcement. Pankonin moves, Smisek seconds to approve the appointment of Cass County Sheriff for Law Enforcement pursuant to the terms of existing contract. Ayes – 3, nays – none. Motion carried. Bub Heard was elected Fire Chief at the Fire Department’s own election and Mayor Henry accepts their choice as his appointment. Petrzilka moves, Smisek seconds to approve the appointment of Bub Heard as Fire Chief. Ayes – 3, nays – none. Motion carried. Mayor Henry appoints JEO for City Engineer. Petrzilka moves, Pankonin seconds to approve the appointment of JEO as City Engineer. Mayor Henry appoints Bill Krejci for City Building Inspector. Smisek moves, Petrzilka seconds to approve the appointment of Bill Krejci for City Building Inspector pursuant to the terms of existing contract. Ayes – 3, nays – none. Motion carried. 

Committee appointments were discussed. Mayor Henry suggested these committee members be council members and asked for volunteers. Petrzilka and Pankonin will serve on the Water & Sewer Committee. Smisek and the new council member to be appointed at the next meeting will serve on the Streets Committee. Petrzilka will serve as the sole member on the Parks & Recreation Committee. 

Pankonin moves, Petrzilka seconds to open the public hearing at 7:07 p.m. for the consideration of the replat of lots 84-89, Original Town, Louisville, Nebraska, owned by Bill Bowzer. Ayes – 3, nays – none. Motion carried. Bill Bowzer had maps to demonstrate changes. The planning commission recommended leaving lots 87, 88, and 89 alone. Those lots are lots of record with grandfather rights. If changed, it would be a substandard lot and rebuilding in the case of an emergency would not be allowed. The only change would be 84, 85 and 86 would become lots 1 and 2 of Bowzer Subdivision. No other public comment was made. Smisek moves, Pankonin seconds to close the public hearing at 7:10 p.m. Ayes – 3, nays – none. Motion carried. Pankonin moves, Smisek seconds to approve the replat of lots 84, 85 and 86, Original Town, Louisville, Nebraska, per the recommendation of the planning commission. Ayes – 2, abstain – 1. Motion carried. 

Terry Richards was present to discuss the purchase of city owned lots. He was here to see if it was possible to purchase lots 432 & 433, Original Town, Louisville, Nebraska, for the purpose of building a garage. The City Attorney suggested that a committee be formed to study this property, to see if the city will ever need the property. It’s understood that all of one of the lots is in the floodway and 10 feet of the other. Roger wasn’t sure if building on a lot with any part in the floodway is possible. This is the area where the street department piles brush for regular maintenance or, at times, after big storms that area for tree limbs and branches. Another thing that needs to be checked on is can a garage only be put on that lot. Some further research needs to be done. A committee of Mayor Henry and Petrzilka was set up for the investigation into more details and will let Terry know when he needs to come back to the council for further steps to follow. 

Wil Engelkemeier was present to discuss what he feels are unnecessary “no parking signs” at 4th and Vine. There are no parking signs on both sides of the street where he lives. Pankonin stated he was on the street committee at the time when that sign was put up and he gave a history of the situation. It was the recommendation of the fire department and the city maintenance department to only have parking on one side of that street for emergency purposes. Wil contended that there isn’t much traffic on that street. Dan said the decision wasn’t made because of traffic flow. Wil stated some reasons for wanting the parking on his side instead of the other. Wil was told that parking has to be on one side or the other and was asked which he preferred. He said he hasn’t spoken to all the neighbors. If the council is presented with legitimate reasons to move it to the other side, they would listen to those reasons. Wil was told to get responses from other property owners on that block and get those to the council. Wil also asked about a parking ticket his mother received earlier this year. The county sheriff ticketed her under a state statute which ended up costing her $45 instead of the $10 if she had been ticketed under city ordinance. The city clerk had looked into this situation earlier and the officer said he had the right to do that and wouldn’t change his mind. Mayor Henry doesn’t like the idea of that and will talk to the officer involved and Sheriff Brueggemann. 

Tom Bishop presented copies of a proposal for traffic flow on Cherry Street. His proposal stated “One Way Only” between 2nd and 3rd during normal morning and afternoon drop-off time periods. It was agreed that it was definitely a problem and the street committee will look into the situation and get with the school board. 

Mayor Henry declared a vacancy on the City Council for the west ward. Roger explained write-in votes that aren’t certified by the election commission aren’t valid. State statutes don’t really address vacancy based upon nobody running. Roger’s interpretation of the state statutes is to address it as a mayoral vacancy. Smisek moves, Petrzilka seconds to give notice to the public of the vacancy in the west ward for a term of four years. Ayes – 3, nays – none. Motion carried. Mayor Henry called a special meeting at 6:30, Wednesday, January 8, 2003 at city hall for the purpose filling the vacancy.

Mayor Henry had asked Roger to look into the possibility giving Christmas bonuses to the employees of the City of Louisville. Roger says the issue can be addressed but won’t be accomplished this year. An ordinance will be drafted for next year. 

Bob Copple was present to discuss the street lights at Southridge. OPPD had given him a proposal and the council reviewed the plan. The thought was there were too many, so the council discussed eliminating some and moving some. Tentative changes were made and Bob will get a revised map back to OPPD for changes. 

Smisek moves, Pankonin seconds to adjourn the meeting at 7:45 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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