CITY COUNCIL
Meeting Minutes

A regular meeting of the City Council of the City of Louisville was held on Wednesday, May 14, 2003, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members –Clete Petrzilka, Steve Sherman, Joe Smisek and J. Alan Mueller. 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. 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 and added the consent agenda includes excusing city attorney, Roger Johnson, from the June 11, 2003 meeting and approve nominations of Carol Alley & Lisa Sheehan for Library Board. Petrzilka moves, Sherman seconds to approve the consent agenda. Roll call vote: ayes – 4, nays – none. Motion carried.

Petrzilka moves, Sherman seconds to open the public hearing for the official zoning map, future land use map and text changes to the zoning ordinance at 7:02 p.m. Ayes – 4, nays – none. Motion carried. Keith Marvin from JEO was in attendance to present the maps and text changes. Keith explained the changes that were recommended by the planning commission and the council reviewed the maps. The future land use map was the first discussed. Keith explained that the one mile extraterritorial jurisdiction has changed slightly. The old map had the line extending into Sarpy County and the new stops at the center of the river. It is not reasonable to assume that services could ever be provided to that area so why have jurisdiction there. Also, due to some annexations, the one mile extends further to the south on both the zoning and the land use map. It was clarified that the portions of land outside the city limits that aren’t developed are changed from RS to TA. Another change is the zoning on Depot Street which changes the lots with houses on them back to R1. No public comment was made regarding the maps. The language changes to the zoning ordinance were then discussed. The first was the text changes in TA zoning. One change would be number 5 in the permitted uses section, to add 20 acre minimum. Another change proposed is to bump number 10 in permitted conditional uses from 4 acres to 10 acres. Number 13 was struck entirely, which is sale barns, from conditional uses. Changes to R-2 District include eliminating item number 1 from permitted uses and item number 1 from conditional uses which is a reference back to R-1 saying anything allowed in R-1 was automatically allowed in R-2. Changes to B-1 under permitted conditional uses are the striking of h, l and m from number 4 as those items are redundant. Changes to I-1 include the addition of item number 20 under permitted uses which states car washes and truck washes, manual or automatic are allowed. I-2 permitted uses number 1 would be eliminated as well because it refers back to I-1. The last change discussed was regarding accessory buildings. Section 4.12.06 to read:
Detached garages and outbuildings in Residential Districts for storage uses and other structures customary and appurtenant to the permitted uses.
1. Be constructed of materials that are in good repair,
2. The sidewalls of said building shall not exceed 12 feet in height,
3. Garages shall have a maximum width of 36 feet
4. Garages shall be constructed and finished with color similar to residential construction, and not in a galvanized finish,
5. Garages shall have 18 inch eaves on side walls and 12 inch eaves on the end walls,

Maximum height is already 17’ for accessory buildings and uses in residential districts except RS and that will be changed. No public comment was made on the text changes. Sherman moves, Mueller seconds to close the public hearing at 7:14 p.m. Ayes – 4, nays – none. Motion carried. 

In the interest of the guests, agenda items were shuffled at this time. Penny Gist was present to address the council. She asked that the city help residents with the issue of barking dogs. Her neighbor has a dog that controls her family’s life and has for over two years. It wakes them up every morning and keeps them up every night. They can’t open their windows and they don’t go out when they know the dog is out. She said the barking is constant and nonstop and very irritating. She would like the city to consider changing the current ordinance that states two written complaints from two separate neighbors. Penny lives on a dead end street with no one behind them because of the highway and no one across the street because of the railroad tracks. She has tried talking to them and the city has written letters and Penny just wants to know where to go from here. Roger explained the ordinance and said an option would be to amend this particular ordinance and deleting some of the language. There is still the enforcement issue that can be difficult. If an officer doesn’t witness the barking, the private citizen must swear out a complaint to get the citation issued. Roger also indicated that to take a barking dog case to trial, the city needs witnesses who would be able to testify. The deputy present said if they hear the barking on two separate occasions, they might go to the house and make contact. Roger’s recommendation is to amend the ordinance, to get rid of the soft language. Under current ordinance, a citation can’t even be issued because there aren’t two complaints. Mayor Pankonin suggested that Roger prepare an ordinance for the next meeting and the council will take action then. 

The sheriff’s written report was presented. There were 197 hours patrolled, 53 calls for service, and 16 citations issued. Citations were all under state ordinance for mostly traffic. 

A CDBG housing request for forgiveness was then discussed. Jim Woolhiser was present to make the request for loans issued to his parents who are now deceased. There was a letter from Terry Meier from SENDD, the project administrator, for the council to review. The letter stated the amounts of the original loans and the balances as well as information regarding the rules and intent of CDBG. Jim asked for forgiveness on all promissory notes and presented his own figures. Mayor Pankonin explained that when money comes back to the city it becomes potential money for other applicants and improvements. He asked Jim if there was a lien on the property ahead of the city’s and was told there wasn’t. Jim stated that his folks lived in the community for 55+ years and gave a lot to the town. Jim also said that in order to sell the house, they will have to hook the basement to the city sewer so that will cost the heirs. Other expenses they have to take care of are hospital and ambulance bills. Jim was asked the estimated value of the property and he told the council approximately $64,000. Petrzilka moves, Sherman seconds to decline the request for forgiveness of CDBG loans. Roll call vote; ayes – Sherman, Mueller and Petrzilka, abstain – Smisek. Motion carried. 

Marcia Beck and Ruth Ann Hlavac were present with a request for the city to pay for library carpet cleaning from the general fund. Mayor Pankonin asked if the reason for the request was because there isn’t enough money in the library’s budget. Marcia stated that is not the case, but felt since the city delayed the new roof when requested two years ago, it cost the library more and feels the carpet cleaning is the least the city can do. She also requested the city maintenance men help move bookcases, replace ceiling tiles, drywall the interior of the skylights and other things. Dan Henry said they would help as necessary. Marcia had no idea of the cost of the carpet cleaning. It needs to be done anyway, so Roger suggested just having it done and the council will consider paying it at a later time. 

Bob Copple and Dick Berner were present to discuss Park Fees at Southridge. Berner/Copple LLC have received a bill in the amount of $5,600 for park fees in accordance with a resolution passed in 1997 charging $100/lot when a final plat is approved for a subdivision. There is also $100/dwelling/lot to be assessed the property owners to be paid when applying for the building permit. Dick asked that the council consider Berner/Copple applying that money to their bill for the beautification of the entranceway to the subdivision. Roger would like to do some research as to the definition of a park and write a memo with his recommendation. Petrzilka moves, Sherman seconds to table the park fees for Southridge. Ayes – 4, nays – none. Motion carried. 

Deb Cunningham represented the JayCees to discuss improvements to the Senior Citizen basement. Deb and Anthony Warner had gathered prices. They felt the two main rooms could use commercial grade carpet and linoleum on the rest of the space. Other items necessary are baseboards and trim, hardware for doors, fluorescent light bulbs and paint. They discussed that some ceiling tiles are not fire resistant and those would need to be replaced. What she is proposing is the city pay for the materials and the JayCees do the work. She thinks roughly the cost will be $2,500. She believes if the basement is fixed up, it will be used more and the city could rent it out for functions. This proposal did not include kitchen appliances or cupboards which would probably be necessary for certain functions. Clete’s only concern is that it isn’t handicapped accessible. Non-profit organizations are the only ones using it now with little or no payment to the city. Roger is going to look into whether the city can even rent out a facility that isn’t handicapped accessible. 

Deb then reported for the JayCees regarding Louisville Daz. She has already talked to Dan about street cleaning. She clarified where the fence would go for the street dance. She also stated the JayCees will finish painting the poles at the city park where the high school students left off. 

Mayor Pankonin went back to number 4 on the agenda, communications, and stated that Dan & Larry will attend a meeting in Nebraska City this Friday for the Midwest Assistance Program. Dave will go down in the evening for the follow up workshop on drinking water. He also wanted the council to know that the Lower Platte River meeting on May 19 has been postponed. 

Mueller moves, Petrzilka seconds to enter executive session for personnel at 8:04 p.m. Ayes – 4, nays – none. Motion carried. Mueller moves, Petrzilka seconds to exit executive session at 8:14 p.m. Ayes – 4, nays – none. Motion carried. 

Smisek moves, Petrzilka seconds to approve Resolution #03-04; Class J liquor License for Group LLC. Roll call vote; ayes - 3, Mueller – abstain. Motion carried. 

Smisek moves, Sherman seconds to approve Resolution #03-05; Future Land Use Map. Roll call vote; 4 ayes. Motion carried. 

Petrzilka moves, Sherman seconds to introduce by title only and suspend the three required statutory readings of Ordinance #738; Official Zoning Map. Roll call vote; 4 ayes. Motion carried. Sherman moves, Mueller seconds to adopt Ordinance #738. Roll call vote; 4 ayes. Motion carried. 

Mueller moves, Smisek seconds to introduce by title only and suspend the three required statutory readings of Ordinance #739; Zoning Ordinance Text Changes. Roll call vote; 4 ayes. Motion carried. Sherman moves, Petrzilka seconds to adopt Ordinance #739. Roll call vote; 4 ayes. Motion carried. 

Petrzilka moves, Mueller seconds to introduce by title only and suspend the three required statutory readings of Ordinance #740; Code Enforcement Officer. Roll call vote; 4 ayes. Motion carried. Sherman moves, Mueller seconds to adopt Ordinance #740. Roll call vote; 4 ayes. Motion carried.

Petrzilka moves, Sherman seconds to introduce by title only and suspend the three required statutory readings of Ordinance #741; Employee Wages & Benefits. Roll call vote; 4 ayes. Motion carried. Sherman moves, Petrzilka seconds to adopt Ordinance #741. Roll call vote; 4 ayes. Motion carried.

Smisek moves, Sherman seconds to introduce by title only and suspend the three required statutory readings of Ordinance #742; Creating the Appointed Position of Humane Officer. Roll call vote; 4 ayes. Motion carried. Bob Derby was present and posed the question of the use of live traps. He felt they are not fair. Dave said that might have been in the discussion at one time, but nothing is final and that isn’t the intent. Once this ordinance is passed, someone can be appointed to the position and equipment will be decided at that time. Bob also just wanted the council to know that his isn’t the only dog running the streets. Sherman moves, Petrzilka seconds to adopt Ordinance #742. Roll call vote; 4 ayes. Motion carried. 

Sherman moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #743; An Ordinance Related to Dangerous Dogs. Roll call vote; 4 ayes. Motion carried. Bob Derby was given a copy of the ordinance which defines dangerous and potentially dangerous dogs. His question is in a dog fight, are both dogs considered dangerous. There would have to be a determination by the humane officer considering interviews with witnesses and where the fight took place. Petrzilka moves, Sherman seconds to adopt Ordinance #743. Roll call vote; 4 ayes. Motion carried. 

Sherman moves, Petrzilka seconds to approve Resolution #03-06; Calling Outstanding Care Center Bond. Roll call vote; 4 ayes. Motion carried. 

There was a pay request from Kern’s Excavating in the council packets. Alan asked if it was typical that 33% of the work is done and they are asking for half the money. Roger said it is based on the contract. Dan is totally satisfied with the work done. Mueller moves, Sherman seconds to approve the pay request for Kern’s Excavating in the amount of $27,648.59. Roll call vote; 4 ayes. Motion carried. 

Sherman moves, Petrzilka seconds to deny the purchase of trash receptacles for Main Street. Fundraisers from different organizations for the purchase were encouraged. Roll call vote; 4 ayes. Motion carried. 

Terry Meier made a recommendation that states it would not make sense to pay down on the sewer bonds because the city has such a great rate. If any sort of work needs to be done in the future, it could be done without bonding with the extra funds available. He also stated that the excess money in the sewer fund could be transferred to the water fund for water projects. 

The next topic of discussion was a code book update. Roger’s recommendation was enclosed with the council packets. He reviewed and compared the bids from Municipal Code Service and American Legal Publishing, the results being MCS’s bid being $2,940.00 lower. Therefore, it is his recommendation that the city award the contract to Municipal Code Service. Mueller moves, Sherman seconds to award MCS the bid for a code book update at $6,250.00.Roll call vote; 4 ayes. Motion carried. 

Lower Platte River Utility District (LPRUD) Interlocal Agreement was then discussed. Dave reiterated that the meeting on May 19 is postponed. Roger has legal questions regarding this matter and is waiting to hear from the county attorney. Dan has prepared a list of questions for HDR and NRD concerning the agreement. This could potentially be the biggest decision Louisville has ever made. There are too many unknowns at this time. Dan explained briefly about the test well at South Bend and presented the water test results. He had a meeting this last week with Health and Human Services that was very helpful. The state encourages regional water solutions because there is a better chance to bond and get grants. 

Mueller moves, Petrzilka seconds to pay for hepatitis shots for the fire/rescue department from the general fund. They had to get the shots and their budget just doesn’t allow for them. Roll call vote; 4 ayes. Motion carried. 

Mayor Pankonin would like to meet with the auditors to answer questions regarding practices and procedures of the city. We would like them to compare Louisville with other communities our size on our ability to service debt ratios. We would also like some general advise to help us do our jobs better since we are all fairly new at this. Perhaps the auditors will come down in an afternoon and meet with the Mayor, one council member, Dan and the city clerk. Those in attendance will report back to the others. Petrzilka moves, Sherman seconds to accept the financial statement, which will be on file at the clerk’s office. Roll call vote; 4 ayes. Motion carried. 

Mayor Pankonin is working on committee appointments for the economic development plan as well as city boards. 

Office copier bids were then discussed. The clerk had prepared a handout with quotes received from three different suppliers. Roger asked if the city could possibly get a demonstrator to try it out first. The council recommends the clerk try out different machines to see which best fits their needs.

Council member Sherman excused himself from the meeting momentarily. The council received a request to close the alley east of Main St., from 3rd St. to the bank driveway, during a glass blowing demonstration at the Louisville Art Gallery. The request is for May 17, from 11:00 a.m. to 9:00 p.m. and on May 18, from noon to 5:00 p.m. Smisek moves, Mueller seconds to grant the request. Ayes – 3, nays – none. Motion carried. Dan Henry will see to the barricades. Council member Sherman returned to the meeting. 

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

Dan reported for the maintenance and water/wastewater departments. They are working on getting the South Depot St. Bridge open. They have also been doing extensive cleaning of brush and trees. 

Dave attended the Care Center board meeting last night and they are looking at some assisted living facilities in towns our size. 

BUILD is working on applying for non-profit status, which will help with grants.

Mueller moves, Petrzilka seconds to adjourn the meeting at 9:27 p.m. Ayes – 4, 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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