Meeting Minutes

April 14, 2004


A regular meeting of the City Council of the City of Louisville was held on Wednesday, April 14, 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, City Supervisor Dan Henry 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, Petrzilka seconds to approve the consent agenda. Roll call vote: 4 ayes. Motion carried.

Petrzilka moves, Sherman seconds to open the public hearing on text changes to R-1 Zoning regarding accessory buildings at 7:02 p.m. Ayes – 4, nays – none. Motion carried. No public comment was made. Mueller moves, Sherman seconds to close the public hearing at 7:03 p.m. Ayes – 4, nays – none. Motion carried. 

Petrzilka moves, Smisek seconds to open the public hearing on an application for a CDBG grant for a drainage study at 7:04 p.m. Ayes – 4, nays – none. Motion carried. John Troubo from SENDD was present in place of Terry Meier to explain the grant. It is a 75%/25% split from the State Department of Economic Development. The study will evaluate issues of drainage and give recommendations with cost estimates. JEO would provide the study and John stated the application was due tomorrow. The total cost is $14,500 with 75% paid by the grant and 25% local funds. Approval of this application doesn’t necessarily mean the grant will be awarded, this is merely the first step. It was made clear that this grant is just for the study of the project. Mueller moves, Sherman seconds to close the public hearing at 7:08 p.m. Ayes – 4, nays – none. Motion carried.

Mueller moves, Smisek seconds to introduce and suspend the three required statutory readings of Ordinance #758; Zoning Ordinance Text Changes Regarding Accessory Buildings in R-1 Zoning District. Motion carried by unanimous roll call vote. Mueller moves, Smisek seconds to adopt Ordinance #758. Motion carried by unanimous roll call vote. 

Mueller moves, Petrzilka seconds to approve Resolution 04-05; Application for CDBG grant for drainage evaluation. Motion carried by unanimous roll call vote. 

Deb Cunningham was present from the JayCees with an application for a special designated liquor license for Louisville Daz. Attached to the application was a letter from the Cass County Sheriff acknowledging the event. She stated the only change from last year is they would like to have the band set up on Main Street by 2nd Street instead of by 3rd. She assured the council there would be fencing all the way around with only one entrance. Deb also explained that 2nd Street would be open for cross traffic. Mueller moves, Petrzilka seconds to approve the JayCees’ special designated liquor license for Louisville Daz as presented in the application. Motion carried by unanimous roll call vote. 

The next topic of discussion was a special designated liquor license for Steve Sherman. He is going to have two wineries come to his next opening at The Art Gallery. They will give an ounce to taste and then the patron can purchase either by the glass, jar or case. This will take place inside the gallery. Steve has the application but is waiting for a letter from the Cass County Sheriff. Petrzilka moves, Smisek seconds to approve Steve Sherman’s special designated liquor license for May 8, 2004 from 6:00 p.m. to 1:00 a.m. contingent upon presentation of acknowledgment letter from the Cass County Sheriff. Roll call vote: ayes – Mueller, Petrzilka, Smisek; abstain – Sherman. Motion carried. 

Jo Anne Kephart was present with questions regarding a mandatory water connection notice she’d received six months ago. The council packets contained the notice and a response letter sent by Jo Anne. She explained that it was her intent to hook up to the water when they hooked up to the sewer but that became so much more expensive than they had anticipated. Dan and Roger both explained to her that it is simply an ordinance, that it is mandatory to hook up to the water main. Jo Anne is asking for special consideration to extend the hook up time. The council asked her if she had cost estimates so they can determine a reasonable extension. She stated she had no idea, that contractors hadn’t even returned their calls. She asked if the city could help them get in touch with someone to do the work and Dan said he would help them. Smisek moves, Sherman seconds to table this issue until the estimates come in, which will help the council to determine a reasonable time frame for completion of hook up. Ayes – 4, nays – none. Motion carried. 

The next item on the agenda concerns cemetery equipment needs. Mayor Pankonin and Dan updated the council on the progress of the cemetery and the maintenance. Dan stated it took approximately 9 hours to mow with no trimming. Council Member Mueller complimented Dan and the crew on the work done. Dan stated a new mower will be necessary with all the mowing the city has taken on. Every place they clear of brush has to be mowed. The city has hired Bob Zaracki to mow so another mower is highly needed. Dan would like one with a smaller deck to fit better between the stones at the cemetery. Mayor Pankonin left the building momentarily. Dixon Mowers allow a 20% discount for municipalities and Dan has priced them at Pankonin’s, Inc. The particular mower priced has zero turn capabilities and a 50” deck. Petrzilka moves, Smisek seconds to approve the purchase of a Dixon Pro-Series mower from Pankonin’s, Inc. for the price of $5,199.23. Motion carried by unanimous roll call vote. Mayor Pankonin returned to the meeting.
There was a written request from Vonda Group to plug into the electricity on the city hall building to run a Pepsi Wagon during Louisville Daz. The city attorney commented that no action was necessary, she was just given permission. 

There was a written report from the sheriff. There were no reports from Fire/Rescue, Library/Senior Center, Care Center, Cemetery or BUILD. 

Deb Cunningham reported for the JayCees. She said she wasn’t sure whether they will have a carnival for Louisville Daz. She said they are thinking about having Bingo as a fund raiser during the day. The Legion said they would help the JayCees. She would like permission to set up Bingo between the city office and the bank. The council felt there would be no problem with that. She also asked if they could display their Number One Chapter Trophy in the city office. The clerk had received a complaint from the senior center manager regarding the holes in the walls from shooter’s education in the basement of the center. Deb assured the council that was being repaired after Louisville Daz. 

George Griffin was present with a complaint regarding Oakridge. He said there are trees that need to be removed because they are a hazard. He also feels the management company isn’t doing a very good job. Mayor Pankonin told George that this is a housing authority issue and there wasn’t really anything the city council could do. Dan said George has a legitimate gripe with those crabapple trees, they are a nuisance. 

Dan reported for Water/Wastewater/Maintenance. He updated the council on the results of the test wells drilled east of town. They didn’t find water on Jim Group’s land, and the one on Ash Grove land could only produce 60 GPM. Dan asked the drilling company about multiple wells, but was told that would just reduce the production, so that wasn’t feasible. Dan presented a written statement with suggestions for solutions to the short-term and long-term water problems. One of the proposals is to redesign the well we are currently using, for which the city gets 75% of its water. This redesign will make the well easier to service by bringing the electrical outside of well casing. It is a submersible pump, and every time it breaks down, the well casing has to be cracked. When that happens, it takes two to three extra days to get samples and get them tested before the well can go back online. Dan thinks they would be more effective with a turbine pump. The potential costs are over $20,000 so Roger suggests bid letting. This redesign will also require Health & Human Services approval. JEO would present H&HS with the design for approval. Smisek moves, Mueller seconds to apply to H&HS for the redesign of the well and upon approval authorize Dan to let bids on the project. Motion carried by unanimous roll call vote. 

In other water issues, the regional utilities board is still an option but that will be several years in the future. A well field at Louisville State Lakes is another option. The water in that location would be the same water we pump now and would require treatment. Also discussed was a new water tower. Our ranking with the state revolving fund is lower for the tower without a water source, but Dan reminded the council that is just a loan, not a grant. Dan suggests proceeding with the tower because regardless what the water source, a tower is still necessary. The clerk is to contact bond counsel, John Trecek, with an estimated working number, to get advice on bonded indebtedness and whether the city is capable of supporting it at this time. 

Dan also had a quote to bore under Main Street to replace a water main that hadn’t been replaced when the street was done. This will be done in conjunction with the 2nd Street repair east of Main Street. 

Mueller moves, Petrzilka seconds to enter executive session to discuss legal issues and personnel matters at 8:43 p.m. Motion carried by unanimous roll call vote. Petrzilka moves, Mueller seconds to adjourn from executive session and the return to regular session at 9:01 p.m. Motion carried by unanimous roll call vote. 

Petrzilka moves, Sherman seconds to adjourn the meeting at 9:02 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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