JANUARY 10, 2000


A regular meeting of the City Council of the city of Louisville was held on Wednesday, January 10, 2001 at 7:00 p.m. at the City Hall. Present was Mayor Henry, Council Members: Rod Petersen, Don Harris, Dave Pankonin and Greg Manley. Also present: 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 acknowledgment 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. 

Motion by Manley, second by Petersen to approve the consent agenda, which includes: city minutes of December 13, 2000, City and Care Center warrants and acknowledgement of Planning Commission minutes. Ayes: Harris, Manley Pankonin and Petersen. Motion carried. 

No water or liquor hearings were needed. 

Motion by Pankonin, second by Manley to table Ordinance 696 on wages until later in the meeting. 

Mayor Henry suggested ordinances 698 to 707 be tabled to a later date to give Attorney Johnson more time to review them, since plans are to review the entire ordinance book. It would be too expensive to review the ordinances twice. It was noted that the city has one year from the time city status was declared to revise the ordinances. Mayor Henry thought this date was April 1, 2001. Motion by Manley to table ordinances 698 to 707 until Attorney Johnson has had a chance to review all of the ordinances, second by Harris, ayes: Harris, Manley, Pankonin and Petersen. Motion carried.

Mayor Henry asked Bob Copple if he had received the assessment yet on his property for the Main Street project. These assessments have not been done yet. Eric Obert was not present at the meeting, however, he communicated to Mayor Henry that they will be coming in to do the assessments which will generate a little more expense with JEO and the Main Street project. Mayor Henry stated that M. E. Collins and JEO have been paid and there will some expense later when the assessments are figured. Motion by Pankonin, second by Manley to approve Resolution #2001-01 Street District 98-1 which includes warrants #58 to JEO for $3,500 and #59 to Ameritas for $35, ayes: Harris, Manley, Pankonin and Petersen. Motion carried. 

Motion by Petersen, second by Pankonin to approve Resolution 2001-02 Prairie Hills Street District 99-1 which includes warrant #17 to JEO for $3,000 and warrant #18 to Ameritas for $30, ayes: Harris, Manley, Pankonin and Petersen. Motion carried. 

Motion by Manley, second by Petersen to approve Resolution 2001-03 99 604 Rehab DED Drawdown #10 in the amount of $29,846.50, ayes: Harris, Manley, Pankonin and Petersen. Motion carried. 

Committee Appointments

Mayor Henry noted ordinances 698-707 would establish the Parks and Recreation appointments. Water & Sewer and Streets would need council members to serve on each. Mayor Henry asked for two volunteers from the council to serve on each committee with the mayor serving as ex-officio. Motion by Pankonin, second by Manley to appoint Petersen and Harris to serve on the Water & Sewer Committee, ayes: Harris, Manley, Pankonin and Petersen. Motion carried. 

Motion by Petersen, second by Harris to appoint Manley and Pankonin to serve on Streets Committee, ayes: Harris, Manley, Pankonin and Petersen. 

Mayor Henry stated Parks and Recreation would involve citizens and suggested Linda Behrns and Cindy Osterloh as possibilities. Maureen Gulizia was also suggested as a possible volunteer to serve on the committee. Mayor Henry asked Attorney Johnson to make this ordinance a priority so it can be taken care of at the February council meeting. 

Ordinance 696

Mayor Henry went back to Ordinance 696, which was tabled earlier in the meeting. Discussion followed on whether the ordinance as written made the wage increase retroactive to October 1, 2001. It was also discussed how this would be paid since we are now in the 2001 tax year. Mayor Henry asked when raises were normally effective. Randy Payne stated raises were normally effective October 1st, the start of the new fiscal year. Reviews were completed a month ahead of time and decisions were made prior to the start of the new fiscal year. Mayor Henry asked why the previous board did not settle this matter. Cheryl Knutson stated the previous board tabled the decision because they felt the new city council should make the decision. Attorney Johnson stated the pay could be calculated to be retroactive but the pay for tax purposes would go on their 2001 earnings. He also asked if the pay increase was provided for in the budget, as it usually is. Dave Pankonin asked if the raises could be made effective now to make payroll a lot cleaner from a record keeping aspect since it was not the fault of the current city council that these raises were not put into effect at the start of the fiscal year. This would mean making the ordinance effective January 1 through September 30. Attorney Johnson stated you could make the ordinance effective now with no end date on it and it would remain in effective until a new ordinance was adopted. Maureen Gulizia asked if an alternative would be start the raise effective in January and also do a bonus check for the three employees affected by the wage increase. Attorney Johnson suggested the ordinance be tabled as he felt there should be some changes in the heading to repeal the conflicting ordinance. Mayor Henry asked that there be one ordinance that would carry through and provide for performance reviews and raises prior to the start of a new fiscal year to avoid getting in this type of situation again. Attorney Johnson noted that generally wage changes take place at budget time so the increase in the city's overall wages can be put in that budget. This would not necessarily require a new ordinance every year, but would require council action because of it being an expenditure and would require a roll call vote on a motion. The finance committee would make a recommendation to the city council on setting wages and those wages then are set in the budget. When that budget is approved you'll have your motion to approve. Performance reviews should be done in July since the budget would need to be to the State of Nebraska prior to the start of the fiscal year. Mayor Henry asked that this situation be corrected tonight so they would not be in the situation again. Mayor Henry asked that performance reviews be conducted in June with wages being set for the next fiscal year at the July council meeting. Mayor Henry then asked the council if they wanted to make this pay increase effective January 1, 2001 or retroactive to October 1, 2000. Mayor Henry asked the audience opinion on making the raise retroactive to October 1, 2000 or effective January 1, 2001. The consensus of the audience was to make the raise retroactive to October 1, 2000. Motion by Manley, second by Pankonin to make the wage increase for city employees effective January 1, 2001 as follows: Clerk/Treasurer $13/hour, City Attorney $75/hour, City Maintenance $13/hour, Deputy City Clerk $8.50/hour, Librarian $9,750/year, Library Assistant $5.50/hour, ayes: Harris, Manley, Pankonin and Petersen. Motion carried. Motion by Pankonin, second by Manley to direct Attorney Johnson to draft a new ordinance to make wage increase retroactive to October 1, 2000 and to have the salaries set as part of the budget, ayes: Harris, Manley, Pankonin and Petersen. Motion carried.

New Business

Three resignations were received from Care Center Board members, Marge McClun, Randy Upton and Dave Pankonin. Mark Leibman was appointed to fill the vacancy left by Dave Pankonin, Ed Kasl was appointed to fill the vacancy left by Randy Upton and Darlene Petrizilka was appointed to fill the vacancy left by Marge McClun. Motion by Petersen, second by Manley to approve Mark Leibman, Ed Kasl and Darlene Petrizilka to fill vacancies on the Care Center Board. Ayes: Harris, Manley, Pankonin and Petersen. Motion carried. 

Clerk's School in Grand Island is March 11-16, 2001. Cost of registration is $325 if paid before February 14, 2001. Hotel cost is $49 per night per room. Motion by Petersen, second by Harris to send in registration for Candace McClun to attend Clerk School, ayes: Harris, Manley, Pankonin, and Petersen. Motion carried.

There is also a school in February put on by the League of Municipalities in Lincoln. This school is for newly elected officials and clerks and maybe some consideration should be given to attending this school. 

Don Harris reported on the uniforms for City Maintenance through G & K Services. Eleven uniforms and two jackets per employee are provided. It is up to the employee if they want all long sleeve or short sleeve shirts. Uniforms are picked up once each week for laundering and five clean uniforms are left at that time. The cost is $25 per week plus tax for a total of 22 uniforms and four jackets. G & K replace uniforms for normal wear and tear. Motion by Petersen, second by Manley to approve contract with G & K for uniform service for city maintenance employees, ayes: Harris, Manley, Pankonin and Petersen. Motion carried.

John West requested permission to put a fireworks stand by Taylor Quik Pik. He has already obtained permission from Errol Meisinger. Greg Manley noted the Jaycees had been turned down in the past for a fireworks stand permit since the Firemen's Auxiliary had been doing a stand for several years and this was their only fundraiser for the year. Attorneys Johnson will draft an application for use to obtain permission from the council to open a firework stand. Mr. West should contact the clerk's office to obtain an application and submit it to the council for approval. 

Mayor Henry stated Wayne Chriswisser would like to obtain permission to put a propane tank at his shop. Discussion followed regarding allowing propane tanks in town and the city ordinances and state statues that might affect this decision. Jerry McClun speaking for the Fire Department advised against allowing any new propane tanks within the city limits from a safety standpoint. Attorney Johnson would like to have an opportunity to look into this matter. Motion by Manley, second by Harris to table until February meeting to allow Attorney Johnson to research, ayes: Harris, Manley, Pankonin, and Petersen. Motion carried.

Troy Solberg addressed the council regarding the leash laws in the city. He noted there are a lot of strays running loose and was wondering what the city's procedure is to enforce these laws. A Cass County deputy stated there is no county humane society and there is no place to put the dogs. The county does not have the capability or the availability to capture the dogs. In the past, if the owner can be identified, the owner can be cited under the city ordinance for a dog running at large and prosecuted by the city attorney. Mayor Henry stated he does not expect the Sheriff's Department to pick up dogs, but if they can cite someone for leash violation they should do so. Don Harris noted that many people dump strays in the area and there is no owner to cite. Rod Petersen stated Ronda Anderson of the Planning Commission had taken on the project of trying to get an agreement with someone for humane service. More discussion followed on the problem of getting a humane service and the cost of having this type of service. The deputy urged anyone with a complaint about animals running loose to contact the sheriff or city clerk. Attorney Johnson will research the options. 

Randy Payne representing the Fire Department requested permission to replace a valve on the city pumper. The cost to repair was around $550 but it could be replaced with a half-turn ball valve instead of screw in valve for around $700. The cost to replace the valve with a screw in type would be $1,400. Motion by Manley, second by Petersen to replace the valve with the half-turn ball valve for approximately $700, ayes: Harris, Manley, Pankonin and Petersen. Motion carried.

The Louisville Ball Parents would like to apply for a Kiewit Grant and would need matching funds from the city. They would like to know if any of the $6,523 in the fund for playground equipment could be used for the matching funds. Discussion followed regarding the application process and procedures for matching grant funds and what the Ball Parents would like to do with this money. City clerk should research to see what kind of money comes into this account each year. Harris noted the Ball Parents should come up with a list of items they would like to use the money for. Motion by Pankonin, second by Manley to table to February meeting, ayes: Harris, Manley, Pankonin and Petersen. Motion carried. 

The Sheriff's Deparment gave a report of calls answered in the past month. No citations for ordinance violations were issued. 

Mayor Henry reported the Care Center has moved their meeting to the Tuesday night prior to the Wednesday council meeting at 5:30 p.m. He would like for one council member to attend the Care Center meetings on a rotating basis. Anyone wishing to tour the Care Center is welcome to do so. Dave Pankonin asked if it was necessary for the Care Center to post their meeting notices. Attorney Johnson advised that most advisory boards do post their notices. It was also noted that Care Center warrants are approved on the consent agendas. Mayor Henry gave Attorney Johnson a copy of the bylaws and resolutions that affect the Care Center for him to review for any changes. 

Larry Wittrock reported on People's Service. Don Harris had some questions on head pressure in the water system. Don will get with Larry Wittrock to tour the water and sewer plants and to discuss any problems. Larry noted that he cut down a Mulberry tree that was on top of the water valve for the line that runs through Lot 804. Randy Payne stated he could take the brush from the tree to an area that needs some filling in. Larry cut this tree down so he can shut the valve down to repair a water meter at the Care Center. 

Jack Faubion reported on the Maintenance Department. A complete inventory of the tools in the shop needs to be completed when time permits. The pulleys on the sander have been replaced. An oil leak on the loader has been noticed and possibly coming out of the air compressor pump. The axle seal has also been leaking for awhile. Work has been done to widen the streets out where the snow had piled up against the curbs. 

Greg Manley commented that he had received a call from Loyd Braack regarding holes in the wall at the Senior Center. Randy and Jack will contact Loyd to fix the holes. 

A lock on one of the doors at the fire station was not working properly. Neil Vraspir is getting the new part and it should be in, in a few days. 

Candace McClun has resigned from the Library Board, which leaves one vacancy to be filled. Mayor Henry noted that Melanie Mueller might be interested in filling that vacancy. The Library Board will contact Melanie.

Maureen Gulizia asked about the progress on the temporary well. Eric Obert is waiting on the paperwork to be returned to him from the State of Nebraska. He hopes to have that information by the February meeting. 

Eric will also be obtaining a certified map of the city. This is required by the Department of Revenue along with a certification from the election commissioner stating the sales tax issue had not been defeated in the past 23 months. Dave Pankonin will contact the election commissioner as this information was requested in December. This information must be sent to the State of Nebraska by January 31, 2001. 

Dave Pankonin asked about the progress on reviewing the contract with Bill Krejci as building inspector and the possibility of an inter-local agreement with the county. Attorney Johnson stated it is an annual contract and renewable on an annual basis, but there is an exception providing for 30 day notice to terminate. Discussion followed regarding the building permit process currently used. Before the permit process can be changed it would need to be decided if the city would stay with the current city building inspector or would go with the inter-local agreement with the county. The current process takes approximately two months to get a building permit. Mayor Henry asked Attorney Johnson to review the process to make it simple, make the rate competitive and to protect the interest of the city. 

Don Harris expressed concern on the water system and the impact a new housing development would have on the system. Discussion followed regarding pumping capacity, tower levels, and the time frame involved with a new housing development planned by Bob Copple and Dick Berner. Bob Copple and Dick Berner plan to present a revised proposal to the council at the February meeting. The lead-based paint on the water tower was also discussed. 

A letter was received from the Nebraska Department of Roads regarding the Hwy 66 Bypass. The letter states the city in the past has supported the Fifth Street Bridge and they feel would be the best alternative to the city's traffic problems. Discussion followed regarding how this study originated and the steps that need to be taken to communicate with the state that this alternative would not be in Louisville's best interest. Dave Pankonin is going to contact the Nebraska Department of Roads to set up a time to meet with city officials to discuss this issue. Mayor Henry and Dave Pankonin volunteered to meet with NDOR officials regarding this issue. It was decided to ask Ash Grove to also participate in this meeting. 

Motion by Petersen, second by Manley to adjourn at 9:25 p.m., ayes: Harris, Manley, Pankonin and Petersen. 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 that 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 the City Hall.

Candace J. McClun

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