CITY COUNCIL
Meeting Minutes

February 11, 2004

LOUISVILLE, NE



A regular meeting of the City Council of the City of Louisville was held on Wednesday, February 11, 2004, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members Clete Petrzilka, Alan Mueller, Joe Smisek and Steve Sherman. 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 at 7:00 p.m. and asked the Council to review the consent agenda. Smisek moves, Mueller seconds to approve the consent agenda. Roll call vote: 4 ayes. Motion carried.

Petrzilka moves, Sherman seconds to open the public hearing at 7:03 p.m. to consider a zone change request for Lot 35, except the north 290’, Eastwood First Addition. Motion carried by unanimous roll call vote. The council reviewed the available information in their packets which included the application, survey and a petition from area homeowners in opposition to the request. Also available are the regulations concerning the current zoning (R-1) and the requested zoning (R-2) which explains the permitted and conditional permitted uses. Mayor Pankonin asked for public comment. Deb Jones spoke for the homeowners in opposition of the request. One of the concerns is the question of what would happen to the property values of the current residents. Another concern is traffic. Errol defended his request with ideas of progress. Several other residents expressed concerns over the zone change. Smisek moves, Petrzilka seconds to close the public hearing at 7:24 p.m. Motion carried by unanimous roll call vote. 

Smisek moves, Petrzilka seconds to deny the zone change request for Lot 35, except the north 290’, Eastwood First Addition. Roll call vote; ayes – Petrzilka, Smisek, Sherman; abstain – Mueller. Motion carried. 

Petrzilka moves, Smisek seconds to open the public hearing on the One Year & Six Year Plan for Street Improvement at 7:26 p.m. Motion carried by unanimous roll call vote. The Mayor recapped the plan for the audience, stating normal maintenance for the next two years, the 6th Street Bridge and Eastwood Drive Extension for years up to 2010. Mayor Pankonin stated the reasons for the Eastwood Extension would be for future development as well as safety issues. Fire and Rescue has mentioned this problem of only one entrance to this area with that many people living there. Public comment included the question of who would be responsible for the payment of the project. Mayor Pankonin stated that right now that property isn’t within the city limits so it would have to be annexed if this project were to be done. The residents agree that on the safety standpoint the council is absolutely right to consider this project. There was a comment that if 2nd Street were extended to Highway 66, the impact of traffic on the propose Eastwood Drive Extension would be lessened. Mayor Pankonin said that would be a county consideration. There was a question about the Highway 66 By-Pass and how that would impact the project. Mueller moves, Smisek seconds to close the public hearing at 7:37 p.m. Motion carried by unanimous roll call vote. 

Jim McNally was in attendance to present the revised code book. Mayor Pankonin went over the history. At the recommendation of the city attorney, the code book needed to be updated when Louisville changed from a village to a city. Jim explained the process for passage as well as his recommendation that copies be available at city hall, the library and county court. 

Councilmember Mueller introduced Ordinance #756 and moved the statutory rules requiring reading on three different days be suspended. Councilmember Petrzilka seconded the motion to suspend the rules, and upon roll call vote on the motion the following Councilmembers voted YEA: Petrzilka, Mueller, Smisek, Sherman. The following voted NAY: none. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rules were declared suspended for consideration of said ordinance. 

Said ordinance was then read by title, and thereafter Councilmember Mueller moved for final passage of the ordinance, which motion was seconded by Councilmember Smisek. The Mayor stated the question was “Shall Ordinance #756 be passed and adopted?” Upon roll call vote, the following Councilmembers voted YEA: Petrzilka, Mueller, Smisek, Sherman. The following voted NAY: none. 

The passage and adoption of said ordinance having been concurred in by a majority of all members of the City Council, the Mayor declared the ordinance adopted and the Mayor, in the presence of the Council, signed and approved the ordinance and the clerk attested the passage and approval of the same and affixed her signature thereto. 

Resolution 04-04 was introduced and moved for passage by Councilmember Mueller that Ordinance #756 be published in book form by Municipal Code Services and that copies be made available for public inspection. The motion was seconded by Councilmember Petrilka, and on roll call the following voted in favor: Petrzilka, Mueller, Smisek, Sherman. Opposed: none. Motion carried. 

Mueller moves, Sherman seconds to approve Resolution 04-03; One Year & Six Year Plan for Street Improvement for the City of Louisville. Motion carried by unanimous roll call vote. 

Brian Michalski was present to discuss a claim for sewer repair that he feels is partly the city’s responsibility. This matter was turned into the city’s insurance and the claim denied because the adjuster found no negligence on the part of the city. Roger stated that technically the claim should be in writing. Sherman moves, Petrzilka seconds to pass this agenda item until after the executive session. Ayes – 4, nays – none. Motion carried. 

John Plucknett was in attendance to present an investment philosophy to the council called an investment ladder. The city is under an obligation to maximize the return on investments but at the same time keep a balance to the interest rate. John also explained treasury securities and how the bank pledges these securities as collateral back to the city. He would like to sit down with the clerk and come back with a plan and recommendation for the council.

Sherman moves, Petrzilka seconds to pass the cleaning contract item until after the executive session. Ayes – 4, nays – none. Motion carried. 

The next agenda item was a public works CDBG grant recommended by Terry Meier from SENDD. A prospective project is drainage enhancements which include creek bank stabilization and storm sewer work on the southeast corner of town. Smisek moves, Petrzilka seconds to pursue the public works CDBG grant on the project mentioned. Motion carried by unanimous roll call vote. 

The Mayor and City Supervisor have considered the possibility of drilling test wells east of town to increase the water supply and quality of water. This idea came about because the regional utilities board may be too far in the future to service the needs of the city in the short term. Mayor Pankonin told the council of the locations of the possible test wells. These prospective spots need to be seen by the engineer for feasibility and also Roger Rylander from Health & Human Services. The only thing holding up our new water tower is identifying a water source, and this would tie into that as well. It was determined that by the time Eric and the state get here to look at the sites and Dan gets specific bids for the drilling, it will be next month’s meeting before anything can be done. 

Deb Cunningham was present for the JayCees. She stated that she will be back next month for the special designated liquor license portion of her request. They are still working on the details. She stated that Louisville Daz will be May 29, 2004; Memorial Day weekend. The JayCees request Main Street, from 2nd to 3rd, closed all day on the 29th. While the parade is going on, they request to extend the street closing to First Street. They are still having the carnival running Friday night through Sunday afternoon. Everything is pretty much the same as last year. Mayor Pankonin reminded Deb about the vendor fees for the crafters and she said she would come in and get the particulars from the clerk. Mueller moves, Petrzilka seconds to grant the request for street closing as discussed on May 29, 2004 for Louisville Daz. Ayes – 4, nays – none. Motion carried. Deb also asked about the carnival trailers parking on the newly opened South Depot Street. She requested that street be closed also while the carnival is set up. Some other options were discussed. It was decided to think of other alternatives and discuss it at the next meeting. Deb also asked for the normal barricades and trash toters during the event. 

There was a subordination agreement to be discussed and signed. A copy was provided to the council members. Mayor Pankonin explained this process to the council members. The city has a lien filed on this property under the CDBG Rehab program. The owners want to refinance so the lien needs to be released, the refinancing done and the lien filed again. It was clarified that the lien is not actually released, just agreeing that the bank can come in ahead of the city’s lien. Mueller moves, Petrzilka seconds to approve the subordination agreement. Motion carried by unanimous roll call vote. 

A written sheriff’s report was circulated. There were no reports from Fire/Rescue, Senior Center, Care Center or BUILD. Mayor Pankonin reported for water/wastewater and stated he and all the employees had gotten several complaints on the color of water in the last week or 10 days. Since the weather warmed up, the hydrants were flushed and the problem lessened. Mayor Pankonin also reported that the maintenance department has gotten several compliments on the snow removal. The clerk reported that the library roof started leaking in the back where the new roof was installed. The project manager from A-Lert Roofing Company came down and looked at it and said an ice dam formed in the gutter and the water has no where to go but back under the new roof and onto the old roof and leaking in all the same spots as before. He said there was nothing we could have done or nothing they could have done to prevent this. It is happening all over this year. Mayor Pankonin reported that he is still working on the cemetery board and record keeping. The clerk went to the first level of an Access class and says it will be just what’s needed to keep the records on the computer. She stated a program called Visio was also recommended because it has mapping capabilities. The clerk was instructed to get a copy of the by-laws to Roger to determine status of the cemetery. 

Smisek moves, Sherman seconds to enter executive session to discuss legal issues and personnel at 8:40 p.m. Motion carried by unanimous roll call vote. Petrzilka moves, Sherman seconds to adjourn from executive session and the return to regular session at 9:40 p.m. Ayes – 4, nays – none. Motion carried. 

Petrzilka moves, Sherman seconds to award the cleaning contract to the lowest bidder that can provide the insurance according to the proposed contract. Motion carried by unanimous roll call vote. 

Sherman moves, Petrzilka seconds to direct the city attorney and city clerk to settle the claim request from Brian Michalski on his sewer damage as discussed. Motion carried by unanimous roll call vote.

Petrzilka moves, Mueller seconds to adjourn the meeting at 9:41 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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