CITY COUNCIL
Meeting Minutes

September 10, 2003

LOUISVILLE, NE


A regular meeting of the City Council of the City of Louisville was held on Wednesday, September 10, 2003, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members Alan Mueller, Clete Petrzilka and Steve Sherman. Joe Smisek was absent. 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 and asked the Council to review the consent agenda. Mueller moves, Petrzilka seconds to approve the consent agenda. Roll call vote: Mueller – aye, Petrzilka – aye, Sherman – aye, Smisek - absent. Motion carried.

Petrzilka moves, Sherman seconds to open the budget hearing at 7:03. Ayes – 3, nays – none. Motion carried. No public comment was made. Sherman moves, Mueller seconds to close the public hearing on the budget at 7:04. Ayes – 3, nays – none. Motion carried. 

Mueller moves, Sherman seconds to introduce and suspend the three statutory reading of Ordinance #746, an ordinance to adopt the budget statement to be termed the annual appropriation bill; to appropriate sums for necessary expenses and liabilities; to provide for an effective date. Motion carried by unanimous roll call vote. Mueller moves, Petrzilka seconds to adopt and publish Ordinance #746 on third and final reading by title only. Motion carried by unanimous roll call vote. 

Mueller moves, Sherman seconds to open the public levy hearing at 7:07. Ayes – three, nays – none. Motion carried. No public comment was made. Petrzilka moves, Sherman seconds to close the public levy hearing at 7:08. Ayes – three, nays – none. Motion carried. 

Mayor Pankonin explained briefly the allowable restricted funds increase. The 2½% increase is the portion which is allowed by law, and is the standard allowable. The 1% that follows is a discretionary increase. Mueller moves, Sherman seconds to approve the allowable 2½% restricted funds base increase. Motion carried by unanimous roll call vote. Mueller moves, Sherman seconds to approve the additional 1% allowable restricted funds increase. Motion carried by unanimous roll call vote. 

Mueller moves, Sherman seconds to approve Resolution 03-09 to set the property tax request at $270,912.00 for the fiscal year beginning October 1, 2003. Motion carried by unanimous roll call vote. 

Petrzilka moves, Mueller seconds to temporarily adjourn as City Council at 7:09. Ayes – three, nays – none. Motion carried.

Sherman moves, Petrzilka seconds to temporarily convene as Community Redevelopment Authority (CRA). Ayes – three, nays – none, Motion carried. 

Petrzilka moves, Sherman seconds to open the public budget hearing on the CRA at 7:10. Ayes – three, nays – none. Motion carried. No public comment was made. Petrzilka moves, Sherman seconds to close the public hearing at 7:11. Ayes – three, nays – none. Motion carried.

Mueller moves, Sherman seconds to introduce and suspend the three readings of Ordinance #747, an ordinance to adopt the budget statement to be termed the annual appropriation bill for the CRA; to appropriate sums for necessary expenses and liabilities; to provide for an affective date. Motion carried by unanimous roll call vote. Mueller moves, Sherman seconds to adopt and publish Ordinance #747 on the third and final reading by title only. Motion carried by unanimous roll call vote.

Petrilka moves, Sherman seconds to adjourn as CRA at 7:12. Ayes – three, nays – none. Motion carried. 

Sherman moves, Mueller seconds to reconvene as City Council at 7:12. Ayes – three, nays – none. Motion carried.

The next agenda item concerned complaints about the Talented Women’s Fair which was held in town on August 30, 2003. Mayor Pankonin stated that a representative from the sheriff’s office would be in attendance later in the evening to discuss the 15 minute parking problem. He also stated that he talked with Melody Stohlmann, the coordinator of the Fair earlier in the week and she was disappointed in the responses from people in the community. She also stated that she is not planning to have another event like this. Dave told her if she was planning another one, the council would want to know in advance to help with coordination. Jim Hrabik, from the Video Hut was present and his concern was mainly over the 15 minute parking stalls in front of his store. There seems to be some confusion over whether a deputy can cite anyone for that violation. Roger stated if there is no specific ordinance, a new one can be written to cover those spots. He and the clerk will do some research as to whether there already is an ordinance, if not Roger will prepare one. Petrzilka asked about the possibility of installing additional signs that say “violators will be ticketed”. Business owner Steve Rose was also present and asked if there was a requirement for port-a-potties for events such as this. He also had a concern about whether permits were issued to the vendors or whether they need to pay occupation tax. Kevin Hall from NAPA stated his concern was safety. When the sidewalk is blocked off, people had to walk in the street and he didn’t want anyone to get hurt. Roger said there is generally an ordinance that prevents restricting the sidewalk. Dan had some alternatives that could have worked had the council been approached, such as moving the fire trucks to another location and using the fire station apron. Another option is to use the city park. He feels the city is plenty capable of handling something that size as long as it’s well organized and coordinated. Most of the business owners agreed that the city wants that volume of people in town and have no problem with the event, the city just needs to be better prepared. Mayor Pankonin directed the city clerk to write Melody a letter that says if she wants to hold this event again, the city would like to help her coordinate it better and work with her but instruct her to come to the council meeting first. 

James Stewart was present from the high school with a request for a Homecoming Pep Rally in front of the Fire Station on October 3, 2003. He stated the school was trying to change the dynamics of Homecoming. Right now they just walk through town and head back to the school. He would like to work harder at community participation. The student council thought a pep rally downtown would get the businesses and community more involved. They would parade down Main Street and stop in front of the fire station with a short pep rally which would consist of coach speeches, captain speeches, a song from the band and a few cheers. This is just the first step and they will try to build on it in later years. Mr. Stewart went over the time frame. It would only last from 2:50 to 3:20. He confirmed there would be no vehicles parked at the spot. Dan said he didn’t think it would be a problem at all. Mueller moves, Sherman seconds to approve the use of the apron in front of the fire station for a pep rally on October 3 at 2:45 to 3:30 plus Main Street from 1st to 3rd for a parade. Ayes – 3, nays – none. Motion carried. 

Deb Cunningham representing the JayCees stated they were still considering fixing up the Senior Citizen’s Basement to improve their space. They would like to install a door on the middle room. They would like a place to display their plaques and awards as well as have a meeting spot they could call their own. The JayCees are willing to pay the expenses for the remodel. The council was in agreement to go ahead and do the work. They will probably paint and clean the hallway and the front room at the same time. She thanked the council for all their work with the JayCees. They just came back from convention last weekend where they were awarded number one in the state for the outstanding chapter and she stated they couldn’t do that without the cooperation of the city. She also stated they would be holding their carwash on September 20 to raise funds for trash containers on Main Street. 

The sheriff then entered and gave his report. There was also a written report presented. He had been told earlier in the week that the council would like to discuss the 15 minute parking signs. He was told that there was already a discussion this evening concerning the same and the council feels it needs to be enforced. Lt. Burke found in our code book that article 5-710 applies to this case. The proper resolutions will either be found or written to cover these particular spots. Lt. Burke was asked if the sheriff had to observe the violation for the entire 15 minutes. Roger said a citizen could swear out a complaint but it would be better if the sheriff observed the violation. Mayor Pankonin stated that skateboarders were still a problem. The city had also received a complaint that traffic on Elm Street has not gotten better even with the signs that have been placed there by the city. Lt. Burke will pass on the word to the other officers on these issues. 

The solid waste contract was discussed. There was a stipulation in the contract to renew the contract for another three years if found to be in the city’s best interest. Waste Management agreed to keep the price the same and the city feels they’ve done a good job. Petrzilka moves, Sherman seconds to continue the contract with Waste Management for solid waste removal for an additional three years. Motion carried by unanimous roll call vote. 

Dan Henry reported for water/wastewater. The water usage dropped off considerably with the rain of the last two days. For maintenance, he stated the painting of the parking lines on Main Street will be done after the first of the fiscal year since that cost was built into the budget. Dan also reported for the fire/rescue department. He attended the Cedar Creek board meeting last week with a request for a raise in the cost of the rescue agreement. Cedar Creek had already budgeted $2,000 for that expense. The request for a raise in the amount comes from higher expenses incurred by the rescue department. Dan suggests taking the $2,000 and shortening the time of the contract to July so it comes to them before their budget planning time next year. 

Ordinance #748; to establish wages and benefits for city employees and appointed officials was then discussed. The only changes made are to the wages, effective October 1, 2003. Petrzilka moves, Sherman seconds to introduce and suspend the three required statutory readings of Ordinance #748. Motion carried by unanimous roll call vote. Sherman moves, Petrzilka seconds to adopt Ordinance #748 on the third and final reading by title only. Motion carried by unanimous roll call vote. 

Landlord utility policies were then discussed. From the city’s point of view, it would be easier if the landlord was responsible for the utility bills. The city spends a lot of city employee time collecting and the majority of the problems are from renters. Implementation of the plan will be difficult. Roger will look into what is legally necessary. Roger also suggested looking into adjusting the water rates again and at the same time stipulate landlords are responsible for their property’s utility bills. Dan also suggested water rates be tiered. Meaning, the first so many gallons cost a certain amount, the next level costs more and the next level even more. At the same time, the city could look at new customers paying a connection fee instead of a deposit. Dan suggested working with the numbers for the tiered water rates between now and the next meeting and discussing it again then. Also, let the landlords know it will be discussed next meeting. 

Equipment purchases were the next topic of discussion. Dan, with the assistance of the clerk, put the purchases for equipment into the budget. Mayor Pankonin would still like Dan to approach the council with individual purchases, even though they are already built into the budget, to establish the need and make sure the city is getting the best value. The first piece of equipment talked about is a bucket sweeper. The city sands Cherry and 3rd and Main Streets a lot harder than the rest because of the school. This sweeper would be capable of cleaning these areas. It fits on the front on the new backhoe. The price for a new one is $11,285 and that amount was built into the budget. In the meantime, a used one has come up for sale from the Village of Elwood for $3,500. Mayor Pankonin left the meeting at 8:35. Dan had quotes for a rotary mower. Pankonin’s, Inc. is by far the least expensive at $801. This mower is used for ditch mowing along the highway. Another piece of equipment wanted is a blade for the front of the Dixon mower. Last year the city hired Larry Gulizia to plow snow on the sidewalks on Main Street. The city has enough fulltime employees now to handle the snow with all the proper equipment. Petrzilka moves, Sherman seconds to purchase the Rhino 6’ mower from Pankonin’s, Inc. for $801.00. Motion carried by unanimous roll call vote. Sherman moves, Petrzilka seconds to purchase the snow blade and frame to attach to the Dixon mower from Pankonin’s, Inc. for $674.17. Motion carried by unanimous roll call vote. Mayor Pankonin returned to the meeting at this time. Petrzilka moves, Sherman seconds to purchase the used bucket sweeper from the Village of Elwood for $3,500.00. Motion carried by unanimous roll call vote. 

Mayor Pankonin talked briefly about the cemetery board. It will be reorganized and the city will take on more of the maintenance. 

There were no reports from the Library, Senior Center, Care Center, MAC Committee or the BUILD Committee. 

Mueller moves, Sherman seconds to adjourn the meeting at 9:00 p.m. Ayes – 3, 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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