Meeting Minutes

August 11, 2004


A regular meeting of the City Council of the City of Louisville was held on Wednesday, August 11, 2004, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members Clete Petrzilka, Alan Mueller and Joe Smisek. Steve Sherman was absent. Also present were City Supervisor Dan Henry, City Attorney Roger Johnson and a few 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. Petrzilka moves, Smisek seconds to approve the consent agenda. Motion carried by unanimous roll call vote with those attending. 

Petrzilka moves, Mueller seconds to open the public hearing regarding revision of zoning ordinance 7.11.01. Motion carried by unanimous roll call vote with those attending. Mayor Pankonin explained that the change involves security fences in any zoning district in any required yard as long as security reasons can be proven. No public comment was made. Mueller moves, Petrzilka seconds to close the public hearing at 7:05 p.m. Motion carried by unanimous roll call vote with those attending. 

During the communications section of the meeting, Mayor Pankonin wanted it mentioned that the Mayor and Council received a letter from the Department of Environmental Quality regarding the variance which was granted to Ash Grove for tire burn testing. Mayor Pankonin also pointed out a letter from Bill Cover regarding a meeting where it is imperative that someone from the council attend. He asked for volunteers to attend. There is also a quarterly meeting of the Lower Platte River Corridor Alliance that someone should attend. 

Mueller moves, Petrzilka seconds to introduce and suspend the three required statutory readings of Ordinance #760; Zoning Regulation 7.11.01 Regarding Fences. Motion carried by unanimous roll call vote with those attending. Mueller moves, Petrzilka seconds to adopt Ordinance #760. Motion carried by unanimous roll call vote with those attending.

The next order of business was a discussion of the Cedar Creek Rescue Agreement. The packets contained a copy of the letter sent to Cedar Creek and a copy of their reply. The City of Louisville requested payment of $3,000 for rescue service to Cedar Creek. They sent a check for $2,000, stating they thought that was fair. One of Cedar Creek’s concerns was why South Bend isn’t charged for rescue service. Council Member Mueller stated he had spoken to Bub Heard, the Fire Chief, and was informed that South Bend was is our fire district so rescue service was required. Cedar Creek is not in our fire district except for Diesel Lake, therefore, Louisville is not required to provide rescue service. Another Cedar Creek concern is they feel the residents of Cedar Creek are being “double-dipped” by the fees charged the patients and the agreement for service. It is understood that patient fees pay for the rescue costs, but the city has so many fixed costs, such as the building and the equipment, that isn’t covered by patient fees. Another argument is that the citizens of Louisville are paying taxes for our fire district and Cedar Creek’s as well by providing the rescue service, plus providing the people to make the calls. The options were discussed. Accept the $2,000, or send it back and say no service will be provided, or hold the check to research the city’s obligation. Mueller moves, Petrzilka seconds to table the matter until the next meeting. Ayes – three, nays – none. Motion carried. 

Petrzilka moves, Smisek seconds to approve the administrative contract for CDBG grant. Motion carried by unanimous roll call vote with those attending. 

The Sheriff’s report was passed around and the clerk reported there were two new curfew violations. The council was pleased that the curfew ordinance was being enforced. 

Clete reported secondhand for the Care Center. Things are running smoothly. They are working on the state right-of-way for the assisted living addition. Council Member Mueller asked if it was possible for the council and the Care Center board to meet jointly to discuss current matters. It would have to be published as a public meeting. It could be published as a working session with no action being taken. Mayor Pankonin will talk to Kari and see if they can come up with a meeting time. 

Mayor Pankonin reported that he and Council President Mueller met with two of the firemen to talk in general about eventual equipment replacement. Nothing was decided. 

Dan reported for water/wastewater. He is still waiting for state approval for the tower repair. He expects approval, it’s just a matter of time. He reported that water consumption is down a bit this year but still have had 350,000 gallon days. The wells are working fine and the modifications have been great. Dan stated that the wastewater facility is working to adjust operations to accommodate the grease inhibitors being used at the school and care center. The chemicals used change the composition and process of the solids, and adjustments are necessary according to Brett Anderson, our field representative from DEQ. Mayor Pankonin asked Dan if now that paving is done if he expects to start working on the catwalks at the sewer plant. Dan stated he is moving forward with gathering information about them. 

Dan also reported for maintenance. 2nd Street is complete and was pleased with the water main, that didn’t have to be replaced. It makes him think the chemicals are working. He explained that the valves needed to be replaced, and those will make a difference to the volume of water through town. The crew will also be better able to isolate lines now. 
There were no reports from Library/Senior Center, JayCees or BUILD. The clerk reported for the cemetery. She had received a free estimate to repair the stones and walls for $6,900. She was told they were doing work in Weeping Water now. The clerk was told to check with Weeping Water and others who have used them. Mayor Pankonin stated that repairing the stones would make mowing easier as well. 

Preliminary budget was discussed. Dan and the clerk had filled out a capital equipment sheet stating the equipment that would need to be replaced this year and in the coming years. Mayor Pankonin and the council discussed each item on the list for the upcoming year including and equipment storage building, skid steer, backhoe buckets, and more. Dan pointed out that for snow removal this winter, the crew will have to do all of South Ridge as well as Sandhill Road to Highway 50 as per the agreement with the county. The pickups can handle it but they need to be kept in good shape. All the current equipment’s life expectancy was discussed. The council agreed that the dump truck needs to be placed in this next budget year rather than waiting another. The clerk is to call the auditor to increase the capital equipment numbers to reflect these changes. The projected tax levy shows a decrease, especially with the increase of valuations in town. 

Mueller moves, Petrzilka seconds to enter executive session at 8:14 p.m. to discuss legal and personnel issues. Motion carried by unanimous roll call vote with those attending. Mueller moves, Petrzilka seconds to exit executive session at 8:34 p.m. Motion carried by unanimous roll call vote with those attending. 

Petrzilka moves, Mueller seconds to accept, with regrets, Joe Smisek’s resignation from the city council and to declare the council vacancy and direct publication of vacancy. Ayes – 2, abstain – 1. Motion carried. 

Mayor Pankonin ordered the meeting adjourned at 8:36 p.m.

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 

Community | City Office | Education | Events | News | Local Commerce
Local Weather | Discussion Forums | Free Classified Ads | Home Page