CITY COUNCIL
Meeting Minutes

June 11, 2003

LOUISVILLE, NE


A regular meeting of the City Council of the City of Louisville was held on Wednesday, June 11, 2003, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members –Clete Petrzilka, Joe Smisek and J. Alan Mueller. Steve Sherman was absent. Also present were 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 and asked the council to review the consent agenda. Mueller moves, Petrzilka seconds to approve the consent agenda. Roll call vote; ayes – Petrzilka, Mueller, Smisek; absent – Sherman. Motion carried. 

Council Member Steve Sherman entered the meeting at this time. 

Greg MacLean was present from HDR to discuss the potential regional water/wastewater district called the Lower Platte River Utilities District. HDR has been doing the study. Louisville would be one anchor and Ashland would be the west anchor. Pat Cunningham was also in attendance from South Bend for the discussion. Greg gave a little background with pros and cons of the proposed project. The study was done at the request of South Bend initially because they have such a need. One of the most viable options during the study became a regional water district. There are approximately 6,000 people in the study area. If this study had never been done, Louisville would still be faced with a water situation that would cost a substantial amount to upgrade. This study gives other options that serve multiple parties. As part of the study, a sample agreement was drafted for the stakeholders to consider. Mayor Pankonin and Dan Henry came up with several questions resulting from the agreement that Greg addressed this evening. At this point, many of the answers were yet to be determined. Some of the other questions had multiple options as the answer. The trend for the discussion was pros of a district and cons of a municipality on their own. There will be another meeting with potential stakeholders and legal counsel on June 20, 2003 at the Louisville city office for further questions. A final public meeting will be held on July 1, 2003 at the Louisville Senior Citizen Center at 7:00 p.m. Whether or not to join a regional water district will be one of the most important issues ever decided by Louisville’s local government. The city needs to have more information, and consider all the ramifications now, and in the future, for the citizens of Louisville. 

Mueller moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #744; Dogs and Cats, barking and offensive. Roll call vote; 4 ayes. Motion carried. Sherman moves, Smisek seconds to adopt Ordinance #744. Roll call vote; 4 ayes. Motion carried. 

Mueller moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #745; Nuisances. Roll call vote; 4 ayes. Motion carried. Petrzilka moves, Sherman seconds to adopt Ordinance #745. Roll call vote; 4 ayes. Motion carried. 

There was a memo from city attorney, Roger Johnson, regarding a Berner/Copple LLC request to use park fees for landscaping at the entrance to Southridge. Roger reviewed the resolution establishing park fees for subdivisions and the resolution itself limits the use of park fees to acquiring ground and playground equipment. Therefore, the resolution will not allow for applying the landscaping expenses to be considered the park fee. Smisek moves, Petrzlika seconds to deny the Berner/Copple LLC request. Ayes – 4, nays – none. Motion carried. 

Petrzilka moves, Mueller seconds to approve the appointment of Dan Henry as Louisville’s Code Enforcement Officer. Roll call vote; 4 ayes. Motion carried. 

Mueller moves, Petrzilka seconds to approve the appointment of Jack Faubion as Louisville’s Humane Officer. Roll call vote; 4 ayes. Motion carried. The intention is to have a kennel area for dogs running at large to be kept until a fine is paid. A standard operating procedure will be drawn up. 

As part of the economic development plan, two committees must be formed. The Application Review Committee is comprised of 5 members appointed by the Mayor with approval of the City Council. The Application Review Committee will consist of two members from the financial service field, one member from the City Council and two citizens at large. Terms of office for Application Review Committee members shall be three years and until their successors are appointed and qualified. For the first committee only, the Mayor will designate one financial service member to a two-year term and the other to a three-year term. Of the remaining members, the Mayor will appoint one member to a one-year term, one member to a two-year term and the remaining member to a three-year term. Mayor Pankonin appoints Mark Leibman, financial service member to a two-year term; Dee Henry, financial service member to a three-year term; Alan Mueller, city council member to a one-year term; Del Stites, citizen member to a two-year term; and Maureen Gulizia, citizen member to a three-year term. Petrzilka moves, Sherman seconds to approve the appointments as stated for the Application Review Committee. Roll call vote; ayes – Petrzilka, Sherman, Smisek; abstain – Mueller. Motion carried. 

The second committee to be formed is the Citizen Advisory Review Committee. All members shall be registered voters of the City, reside within the City’s zoning jurisdiction, or own and operate a business located in Louisville, Nebraska. No member shall be an elected or appointed City official, an employee of the City, a participant in a decision-making position regarding expenditures of Plan funds, or an official or employee of any financial institution participating directly in the Plan. Mayor Pankonin appoints Roger Behrns, Bill Fitzgerald, Terri Scholting, Jeff Powers, Lynn Berner-Smith and Mitch Wendlandt to this committee. Sherman moves, Petrzilka seconds to approve the appointments as stated for the Citizen Advisory Review Committee. Roll call vote; 4 ayes. Motion carried. 

Mueller moves, Petrzilka seconds to approve the purchase of a DF200 Pitney Bowes copier/fax for $3,600 plus a maintenance agreement with a base rate of $20/month. Roll call vote; 4 ayes. Motion carried. 

Mueller moves, Petrzilka seconds to approve Change Order #1 (final) that reflects a decrease of $2,312.38 for the East Water Main Extension done by Kerns Excavating, Inc. Roll call vote; 4 ayes. Motion carried. 

Sherman moves, Smisek seconds to approve the Pay Request #2 (final) for Kerns Excavating, Inc. in the amount of $25,754.03 for the East Water Main Extension. Roll call vote; 4 ayes. Motion carried. 

Petrzilka moves, Sherman seconds to approve the Recommendation of Acceptance for East Water Main Extension done by Kerns Excavating. Roll call vote; 4 ayes. Motion carried. 

City Attorney Roger Johnson prepared a memo regarding the rental of the Senior Citizen basement without handicap accessibility. It is his opinion that the City is not in a position to rent the basement for public use unless the barriers to handicap access are removed. The clerk did some follow-up with the League of Municipalities to check if grandfather clauses applied and were told they did not in this case. The JayCees had wanted to fix the basement with the possibility of renting it out for a revenue source for the city but that will not be possible. Regardless, the JayCees, who use the space, would still like to paint and clean it up for their, and other non-profit organizations, use. The JayCees were given the go-ahead to paint and clean as regular maintenance at the Senior Citizen Center basement. 

The council members were made aware of the final public meeting to be held on July 1, 2003 at the Senior Citizen Center in Louisville at 7:00 p.m. for the Lower Platte River Corridor Water Study.

Kay Gottsch was present from Springfield/Louisville Agency with the renewal policy for the Fire Pak. There is a terrorism policy available for only $31.00 which she highly recommends. The rates for renewal are $7,227 plus $31 for terrorism. Last year’s rate was $6,337. There is another company that she was not aware of until recently and they have a similar policy but she didn’t have a quote yet. The city would not be able to obtain a policy from a new company until next year. Mueller moves, Smisek seconds to approve the renewal of the Fire Pak with Ball Insurance with the addition of the terrorism policy. Roll call vote; 4 ayes. Motion carried.

Mayor Pankonin left the meeting momentarily and Council President Alan Mueller presided. The next order of business was a Dixon Mower purchase. Dan has indicated there is a significant need to purchase a riding mower for the community. Dan obtained a bid from Pankonin’s, Inc. Dixon offers 22% discount for municipalities. Petrzilka moves, Smisek seconds to approve the purchase of the 2003 Dixon #7525 for the price of $6,708.00. Roll call vote; 3 ayes. Motion carried. Mayor Pankonin reentered the meeting.

Mueller moves, Petrzilka seconds to approve the Louisville Firemen’s Auxiliary request for fireworks sales at the Fire Station, June 25 – July 4, 2003. Ayes – 4, nays – none. Motion carried. 

There was a request in the council packets from Terri Scholting for the closure of parking stalls for a 10th anniversary celebration in front of her business on Saturday, August 2, 2003. She stated the event would take place from approximately 9:00 a.m. to 2:30 p.m. Neighboring businesses both gave verbal approval. Mueller moves, Sherman seconds to grant approval for the request. Ayes – 4, nays – none. Motion carried.

There were no reports from the sheriff, fire/rescue, library, seniors, MAC Committee, Care Center or BUILD committee.

Dan reported for water/wastewater/maintenance. He said the Depot Street Bridge welding is complete and the inspection will be Friday morning. He called Baburek Metal in Plattsmouth to get an estimate to paint the bridge. Signs were ordered that say 3 ton weight limit – NO TRUCKS. Time frame of approximately 2-3 weeks before all paperwork gets through the county and state and the bridge can be opened. Dan was complimented on the work done in the city. Jack Faubion told the council of the progress of the chemical injections in the water system as mandated by the state. The chlorine level is to be between .35 and .5 and the city is at the high end of that mark. Phosphates are half way to where they need to be. That will be a gradual increase and may take 4 – 6 months to get to the proper level. Dan said the maintenance men poured new panels on Walnut Street. The problem with 2nd Street west of Main was a water leak at one time. That has been repaired but the quality of the concrete is bad so Dan suggested not spending money to overlay that street. It would have to be cut out entirely and replaced. They have also worked on the sewer plant road recently. There is plenty of work to do all around the city. 

Pat Cunningham reported for the JayCees. He wanted to thank the council for everything done for Louisville Daz. He also wanted to thank Dan and the crew for washing the streets in preparation for the event. He reported that the JayCees would like to do a car wash to raise money for trash receptacle and asked permission to do that behind and beside the city office. As long as traffic was able to get to the ATM at the bank, a car wash was OK. 

Mueller moves, Sherman seconds to adjourn the meeting at 8:45 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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