CITY COUNCIL
Meeting Minutes

September 14, 2005

LOUISVILLE, NE


A regular meeting of the City Council of the City of Louisville was held on Wednesday, September 14, 2005, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members Alan Mueller, Clete Petrzilka, Roger Behrns 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 and asked the Council to review the consent agenda. Mueller moves, Behrns seconds to approve the consent agenda. Motion carried by unanimous roll call vote.

Petrzilka moves, Sherman seconds to open the budget hearing at 7:03. Motion carried by unanimous roll call vote. Mayor Pankonin recapped the budget showing comparisons to last year. The levy went from 0.379326 to 0.377399 and the tax request increased by less than 1%. No public comment was made. Petrzilka moves, Mueller seconds to close the public hearing on the budget at 7:04. Motion carried by unanimous roll call vote.

Petrzilka moves, Sherman seconds to introduce and suspend the three required statutory reading of Ordinance #773, the annual appropriation bill. Motion carried by unanimous roll call vote. Behrns moves, Mueller seconds to adopt and publish Ordinance #773 on third and final reading by title only. Motion carried by unanimous roll call vote. 

Sherman moves, Mueller seconds to open the public levy hearing at 7:06. Motion carried by unanimous roll call vote. No public comment was made. Petrzilka moves, Mueller seconds to close the public levy hearing at 7:07. Motion carried by unanimous roll call vote.

Roger Johnson 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. 

Petrzilka moves, Behrns seconds to approve Resolution 05-06 to set the property tax request at $291,771.00 for the fiscal year beginning October 1, 2005. Motion carried by unanimous roll call vote. 

Mueller moves, Behrns seconds to temporarily adjourn as City Council at 7:10 Motion carried by unanimous roll call vote.

Mueller moves, Sherman seconds to temporarily convene as Community Redevelopment Authority (CRA) at 7:11 p.m. Motion carried by unanimous roll call vote.

Mueller moves, Sherman seconds to open the public budget hearing on the CRA at 7:12. Motion carried by unanimous roll call vote. No public comment was made. Mueller moves, Sherman seconds to close the public hearing at 7:14. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to adjourn as CRA at 7:15. Motion carried by unanimous roll call vote.

Mueller moves, Sherman seconds to reconvene as City Council at 7:16. Motion carried by unanimous roll call vote.

Mueller moves, Behrns seconds to introduce and suspend the three required statutory readings of Ordinance #774, the annual appropriation bill for the CRA. Motion carried by unanimous roll call vote. Mueller moves, Sherman seconds to adopt and publish Ordinance #774 on the third and final reading by title only. Motion carried by unanimous roll call vote.

Dan and Deb Hrabik were present to discuss traffic in their neighborhood around 3rd and Maple. They would like the council to consider speed limit signs and children at play signs and also a four-way stop at 3rd and Walnut. Speed limit signs can be posted at anytime without council action so that will be the first step and the clerk will call the sheriff to enforce speeding.

Mueller moves, Sherman seconds to introduce and suspend the three required statutory readings of Ordinance #775; to establish wages and benefits for city employees and appointed officials. Motion carried by unanimous roll call vote. Mueller moves, Sherman seconds to adopt on the third and final reading, Ordinance #775. Motion carried by unanimous roll call vote. 

Behrns moves, Mueller seconds to approve Resolution 05-07; for mileage reimbursement. Motion carried by unanimous roll call vote.

Bob Hrbek was present from JagWire to discuss the lease agreement for communication equipment on top of the water tower. Bob stated he wanted item #14 changed to reflect that the City would be responsible if JagWire’s equipment is damaged by city employees. The council asked the value of the equipment to find out what the exposure would be if accidentally damaged. The other item Bob wanted changed was the rental amount and/or the free service to the city owned properties. It was negotiated that the rent be $200 plus service to four city sites at no charge and the last sentence in item #14 deleted that leaves the city with limited liability to accidental damage to JagWire’s equipment. Mueller moves, Petrzilka seconds to approve the lease agreement with changes as discussed. Motion carried by unanimous roll call vote.

The health insurance discussion will be held over until executive session.

Fire Chief, Jason McClun was present to discuss an outdoor fireplace ordinance. He would like an ordinance to include a definition and construction. It was suggested that Jason take the sample ordinance to the fire department for their input and comments then Roger will draft an ordinance for the next meeting. 

Mayor Pankonin discussed the Southeast Area Drainage Study. Some of the improvements suggested in the study could be done by the city. Roger suggested drainage easements from affected property owners and he will begin that procedure.

Matt Edwards was not in attendance. His issue was he wanted hydrant flushing to begin after 8:00 a.m. Dan said that was possible, but that didn’t always give enough time to finish. He also said the water got out of control this summer because the maintenance crew couldn’t flush for five weeks because the well was pumping at capacity and there wasn’t enough water in the tower to flush the hydrants. Now that it has cooled off, the well will be able to keep up and normal Tuesday flushing will be resumed. 

The next order of business was a change order, when applicable, for the assisted living facility; to exempt them from building permit fees because it is a city-owned entity. There will be a credit on their first pay request for this deduction.

Mueller moves, Behrns seconds to approve pay application No. 3 from Maguire Iron, Inc. for $162,050.77. Motion carried by unanimous roll call vote.

Petrzilka moves, Behrns seconds to approve a special designated liquor license for the Louisville Art Gallery on November 19, 2005 from 6:00 to midnight contingent on all applications completed and receipt of Cass County Sheriff’s acknowledgement letter. Roll call vote: ayes – Petrzilka, Mueller, Behrns; abstain – Sherman. Motion carried. 

John Plucknett was present with an annual review of Kansas Bank Surety Rating. He presented the council with a handout stating the rating is still AAA, the highest rating possible. He would like to set up the annual review in September to coincide with the banks contract renewal date with Kansas Bank Surety. John requested the council take no action to change the current relationship. 

John Plucknett, representing B.U.I.L.D.’s economic development committee, wanted the council to consider looking at and/or changing the city’s comprehensive plan, specifically the future land use map. 

Behrns moves, Mueller seconds to approve a street closing request for Homecoming Parade and Pep Rally on Friday, September 16, 2005. Motion carried by unanimous roll call vote.

Mueller moves, Petrzilka seconds to purchase a rotating laser level from Dan Henry for $750, in comparison to the price for new of $1100 to $1300. Motion carried by unanimous roll call vote.

A written sheriff’s report was circulated. There were no reports for fire/rescue, JayCees or Senior Center. Dan reported for maintenance/water/wastewater. He noticed the well has been pumping less water per gallon since about May. Sargent Drilling will come down this week to check the well and pump. Dan stated the crew is working on small street projects and work on the water line on Sandhill Road will begin soon. Mayor Pankonin reported for the Care Center. Work has started on the assisted living addition and the Care Center Board asked for signage directing visitors to the temporary entrance at the back of the existing facility. The clerk reported that the library doors have been installed. John Plucknett reported for B.U.I.L.D. informing the council of upcoming events. He also wanted to thank Dan for his help on the sign on Highway 50. 

Mueller moves, Petrzilka seconds to enter executive session for legal and personnel reasons at 8:44 p.m. Motion carried by unanimous roll call vote. Mueller moves, Petrzilka seconds to exit executive session at 9:22 p.m. Motion carried by unanimous roll call vote.

Mueller moves, Sherman seconds to adjourn the meeting at 9:22 p.m. Motion carried by unanimous roll call vote. 

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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