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A regular meeting of the City Council of the City of Louisville was held on Wednesday, September 13, 2023, immediately following the budget meeting at 6:36 p.m. at City Hall.  Present were Mayor Rod Petersen, Council Members Jerry McClun, Paul Pankonin and Justin Barnes. Jamion Biesterfeld was absent. Also present were City Attorney Roger Johnson and guests. Mayor Petersen stated that the Open Meetings Act is posted at the rear of the room and a copy of all meeting materials is available with the clerk.

Notice of the regular meeting was given in advance thereof 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 Petersen called the meeting to order and the Pledge of Allegiance was said. McClun moves, Pankonin seconds to approve the consent agenda. Roll call vote: ayes – McClun, Pankonin, Barnes; absent – Biesterfeld; nays – none. Motion carried.

Mayor Petersen opens the Tax Request public hearing at 6:38 p.m. for the purpose of hearing support, opposition, criticism, suggestions or observations of taxpayers relating to the final tax request for the Louisville, NE budget for fiscal year October 1, 2023 through September 30, 2024 which is in an amount different from the request for the prior year. Council Member Biesterfeld entered at 6:39. Julie Bauman stated that the tax rate had a 0% change. No public comment was made. Mayor Petersen closed the hearing at 6:40 p.m.

McClun moves, Barnes seconds to approve Resolution 23-11; a resolution of the Mayor and City Council of the City of Louisville, NE to adopt the budget for fiscal year October 1, 2023 through September 30, 2024. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

McClun moves, Pankonin seconds to approve Resolution 23-12; a resolution of the Mayor and City Council of the City of Louisville, NE to set the tax request for the budget for fiscal year October 1, 2023 through September 30, 2024. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

McClun moves, Barnes seconds to introduce by title only and suspend the three required statutory readings of Ordinance #1050; an ordinance to adopt the budget statement for fiscal year October 2, 2023 through September 30, 2024. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried. Barnes moves, McClun seconds to adopt by title only of third and final reading Ordinance #1050. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

Mayor Petersen opens the public hearing at 6:45 p.m. to consider the one & six year road plan. No public comment made. Mayor Petersen closed the public hearing at 6:46 p.m.

Biesterfeld moves, Pankonin seconds to approve Resolution 23-13; One & Six Year Road Plan for Street Improvement Program 2023-2024. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

Mayor Petersen opens the public hearing at 6:47 p.m. for the consideration of a conditional use permit request from Ben Katt, Wet Water, LLC for an event center at 22-12-11 TL65, Timber Ridge Subdivision (37075 N Timber Ridge Dr.) Mayor Petersen suspended the public hearing at 6:49 p.m.

Angie Buglewicz reported for the Care Center. Some items discussed: board approval of hire on bonus and longevity revisions as presented. The board also approved the resolution to lower the minimum bid on the bus. Security at the facility was discussed with employee badge entry; bids will be obtained. Company issued cell phones went into effect.

Mayor Petersen reopened the public hearing at 6:55 p.m. for the consideration of a conditional use permit request from Ben Katt, Wet Water, LLC for an event center at 22-12-11 TL65, Timber Ridge Subdivision (37075 N Timber Ridge Dr.) Ben Katt, the applicant and his engineer, Kyle Haase started by stating the purpose of the request. It will be joint ownership with his brother and father and to supplement income, they are requesting the capability to rent out the home for small events, such as weddings, family reunions, etc. They provided drawings showing 12-15 parking stalls all off street and hidden behind the accessory structure. Andy Siemek, the HOA president, gave a list of concerns regarding the request: concerns for property value; private road, gated and snow removal all maintained and paid for by HOA; child safety issue with the treacherous traffic; proximity to Highway 50; mix-matched land use; excessive use of road; setting precedence; not part of the by-laws. Ben Anderson had concerns about access from Highway 50; kids dropped off at Highway from the bus; street not wide enough for two vehicles at a time. Dave Wedekind had concerns of strangers having gate code; road is the property of the homeowners. Mike Dail, the current owner of the property said this was the first home built – before the HOA was established so not in the HOA; it’s a very secluded property; they’ve had large gatherings there before; closest drive to the highway. Audra Bryer had concerns about liability to the HOA and board members with guests not familiar with the roads. Tom Josoff stated that a comparison cannot be made with his basketball building because it’s not a business; he had concerns about the continuity of land use. Jason Newham was concerned about bands and drinking in a residential neighborhood. Adrian Diaz stated the community doesn’t want the event center in their neighborhood. Sam Snyder stated his concerns of security; trails through the trees right to his property; worries about the noise; strangers having access to the whole neighborhood’s “toys”. Lynne Swanson says they have a lovely community and as the direct neighbor she’ll see all the traffic; the area was not designed for this type of facility. Andy Mixan stated that at times the north gate malfunctions and that might cause a backup onto Highway 50 if an event were in progress. Kyle Haase answered a few of the questions and made clarifications as to the intent of the request. They would do their utmost to maintain a residential use. Mayor Petersen closed the public hearing at 7:29 p.m.

McClun moves, Biesterfeld seconds to deny the conditional use permit request for an event center located at 37075 N Timber Ridge Dr. due to the fact that it’s a private, gated community. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

Barnes moves, Pankonin seconds to approve the street closing request for Mill Creek Show N Shine on September 22, 2023 on Main Street between 2nd and 3rd Streets from 3:30 p.m. to 9:00 p.m. Roll call vote: ayes – Biesterfeld, Pankonin, Barnes; nays – McClun. Motion carried.

Biesterfeld moves, Pankonin seconds to approve the waiver of certain engineering requirements for Bob Copple for a development at the end of Grandview Drive in South Ridge but require an environmental study. Roll call vote: ayes – Biesterfeld, Pankonin, Barnes; abstain – McClun. Motion carried.

Pankonin moves, Biesterfeld seconds to approve the addition of 2nd story liquor license for GT Saloon, LLC dba Good Times Saloon. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

Biesterfeld moves, McClun seconds to approve the street closing request on September 27, 2023 at 2:15 p.m. for Homecoming Parade; 2nd Street/Main Street/3rd Street. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

McClun moves, Barnes seconds to approve the street closing request for 3rd Street Circle on October 31, 2023 from 5:00 p.m. to 11:00 p.m. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

Biesterfeld moves, Pankonin seconds to approve the final specs and plans and authorize advertisement for bids on the 3rd Street Bridge repair project. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

There was a lengthy discussion on the idea to turn 2nd Street between Main and Cherry Streets to one-way traffic going west to gain additional parking. Biesterfeld moves, McClun seconds to move forward and gain public input with a town hall meeting. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

Discussion on procedures for street closures and special events. More information will be gathered and presented at a later meeting.

No new information on the proposed water main extension on the south side of town.

Joel Jones reported for street, water and sewer. Items reported: high service pump, UV lights, culver design, trail update, wall protection, tree removal, ball complex parking curbs, speed bumps, yard waste area moved, crosswalks painted, parking stalls to be painted soon.

Written rescue/fire reports were circulated. No report from the sheriff.

An internal audit was conducted verifying checks to invoices by the council members.

McClun moves, Biesterfeld seconds to approve Resolution 23-14; support of design and construction of Highway 66 through Louisville. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

Biesterfeld moves McClun seconds to approve Resolution 23-15; surplus property LCC bus/van. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

McClun moves, Biesterfeld seconds to introduce by title only and suspend the three required statutory readings of Ordinance #1051; wages and benefits for City employees and public officials as amended by adding Juneteenth and adjusting longevity pay. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried. McClun moves, Biesterfeld seconds to adopt by title only Ordinance #1051. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

McClun moves, Biesterfeld seconds to introduce by title only and suspend the three required statutory readings of Ordinance #1052; LCC wages and benefits as amended by adjusting longevity pay. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried. McClun moves, Biesterfeld seconds to adopt by title only Ordinance #1052. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

McClun moves, Barnes seconds to enter closed session to protect the public interest to discuss the possible sale of City-owned real estate generally described as Louisville, outlots L38 Esc 2A W of Creek & SL 4 & 4 of 38 & Frac pt S of SL5 of 38 & SW ¼ NE ¼ 22-12-11 and sale of related personal property owned by the City and Loadsmith Trucking dispute at 9:31 p.m. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried. Mayor Petersen restated the reason for the closed session. Barnes moves, Biesterfeld seconds to exit closed session and reconvene to regular session at 9:54 p.m. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes; nays – none. Motion carried.

Biesterfeld moves, Pankonin seconds to adjourn the meeting at 9:54 p.m. Roll call vote: ayes – McClun, Biesterfeld, Pankonin, Barnes. 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, 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