CITY COUNCIL
Meeting Minutes

May 12, 2004

LOUISVILLE, NE



A regular meeting of the City Council of the City of Louisville was held on Wednesday, May 12, 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. Mueller moves, Sherman seconds to approve the consent agenda. Roll call vote: 4 ayes. Motion carried.

Petrzilka moves, Smisek seconds to introduce and suspend the three required statutory readings of Ordinance #759; An Ordinance To Establish Wages & Benefits for the City Employees and Appointed Officials. Motion carried by unanimous roll call vote. Petrzilka moves, Smisek seconds to adopt Ordinance #759. Motion carried by unanimous roll call vote. 

Jo Anne Kephart was present with a written and verbal request that the City consider a change to the ordinance which would allow her residence to remain connected to a private well rather than mandatory hook up to the city water system. Dan had done some research regarding cost of hook up at Jo Anne’s request at the last regular council meeting. Roger explained that the process to change the ordinance is council action to direct the attorney to amend the current ordinance. Several questions were raised such as, setting precedents, state requirements and city loan applications. There was no motion to grant the request for ordinance change. The next issue was a time frame for completion of the project. The mandatory water hook up ordinance doesn’t specify a time, but the mandatory sewer hook up ordinance states six months. Jo Anne wants the longest extension possible. The council agreed that six months is sufficient time to complete the project and officially gave notice that the Kepharts are to hook up to the city water system within that time. 

There was one sealed bid for well modification as discussed at the previous meeting. The bid was received from Sargent Drilling. Roger opened the bid and announced the amount of $27,864.00. Also submitted was a bid bond of 5% of total amount. Dan compared the bid to the engineer’s estimate. The bid was slightly higher than the estimate because trade-in allowances were not taken into consideration, the change in steel prices and sales tax was added. There was some discussion again why the modification should be done. Every time the motor breaks down on the well, the casing has to be cracked to work on it. Cracking that seal requires additional testing after the work is complete. This new design would make repairs easier and quicker. Petrzilka moves, Mueller seconds to accept the bid from Sargent Drilling in the amount of $27,864.00 for well modification. Roll call vote: Ayes – Petrzilka, Mueller, Smisek; nay – Sherman. Motion carried. 

Joan Payne was present regarding library issues. She stated that the library needs a thorough cleaning and organization and she would like to volunteer her services. The clerk has also received several complaints about the condition of the library. Mayor Pankonin said he would talk to the librarian and state the council is recommending that she take Joan up on her offer. 

Steve Sherman requested the alley east of Main Street from 3rd north to the bank parking lot be closed for an event sponsored by The Art Gallery. He would like to close it after the bank closes at 11:00 a.m. on Saturday, May 22 through 6:00 p.m. on Sunday, May 23, 2004. Petrzilka moves, Smisek seconds to grant the request. Roll call vote: ayes – Petrzilka, Smisek, Mueller; abstain – Sherman. Motion carried. 

There was a written request from the firemen’s auxiliary for permission to have a fireworks stand June 25 through July 4. Mueller moves, Petrzilka seconds to approve the request. Ayes – 4, nays – none. Motion carried. 

The next item agenda, real estate acquisition for a water tower was held over to executive session.

Corey Chubb was present to request reserved parking for three Poker Runs he is hosting this summer. The dates are June 19, July 10 and July 24. He would like both sides of Main Street from 3rd Street north to the bank parking lot from about 5:00 p.m. until 11:00 p.m. Mayor Pankonin noted that last weekend he had had more complaints than ever regarding the motorcycles in town. Corey made it clear that he didn’t host that event but had agreed to be a stop. He estimated 800 motorcycles in town Saturday afternoon and agreed parking was a problem. Sherman moves, Smisek seconds to approve the request for reserved parking for three poker runs this summer by Corey Chubb. Motion carried by unanimous roll call vote. 

Corey also requested permission for a beer garden at the back of his building for the same three dates as above to accommodate the overflow from the bar. Sherman moves, Smisek seconds to approve the request as stated. Motion carried by unanimous roll call vote. 

The next agenda item concerns 457 Deferred Compensation Pension Plan. This plan is an elective employee contribution above and beyond what the city pays for pension. There is a $20/person fee for this plan. Mueller moves, Petrzilka seconds to proceed with the necessary action to establish a 457 Plan for the interested city employees. Motion carried by unanimous roll call vote. 

Loyd Braack’s life insurance policy for fire/rescue personnel issue was held over to executive session. 

Dan gave a recap of the Biesterfeld’s mandatory sewer connection. This is the only household left in town with a septic tank. They have requested help from Dan with the design of a pump that will accommodate their needs. Petrzilka moves, Sherman seconds to table this issue until the next meeting. Ayes – 4, nays – none. Motion carried. 

Mueller moves, Petrzilka seconds to excuse Roger Johnson, the city attorney from the June meeting. Ayes – 4, nays – none. Motion carried. 

Dan reported for water/wastewater/maintenance. He had a bid from Francois Construction, Inc. for the curb and 2’ of gutter which was $4,216, or $8.50/linear foot, for 2nd Street. He also obtained a bid to pour the whole street which came to $21,824. He says the city crew can do it for much less with some rental equipment, but they can’t do the curb and gutter for that price. Petrzilka moves, Mueller seconds to hire Francois Construction to do the curb and 2’ of gutters on 2nd Street for $8.50 a linear foot. Motion carried by unanimous roll call vote. 

There was a written sheriff’s report distributed. There were no reports from fire/rescue, library/senior center, cemetery and JayCees. Mayor Pankonin reported the Care Center will begin shortly to interview for the administrator position. There were 26 applicants for the position. The clerk attended the B.U.I.L.D. meeting and reported they wanted to know what it took to officially change the name of the city to “Lewis & Clarkville” for the days the city will host events related to Lewis & Clark. Roger is to research that issue. 

Mueller moves, Sherman seconds to enter executive session to discuss legal issues and personnel matters at 8:31 p.m. Motion carried by unanimous roll call vote. Mueller moves, Sherman seconds to adjourn from executive session and the return to regular session at 9:48 p.m. Motion carried by unanimous roll call vote. 

Mueller moves, Sherman seconds to adjourn the meeting at 9:48 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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