CITY COUNCIL
Meeting Minutes

November 8, 2006

LOUISVILLE, NE


A regular meeting of the City Council of the City of Louisville was held on Wednesday, November 8, 2006, 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. Mayor Pankonin stated that the Open Meetings Act is posted at the rear of the room.

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 with the exception of the Care Center claim for Prairie Construction. Motion carried by unanimous roll call vote.

Mueller moves, Petrzilka seconds to open the public hearing at 7:02 p.m. to consider the acquisition of an option on, and the ultimate acquisition of, real estate for an industrial site pursuant to the City’s Economic Development Plan, including any improvements now or hereafter erected on real estate described as: that part of the SE1/4 of the SW1/4 lying east of state highway 50 and the SW1/4 of the SE1/4 except tax lot 59 and except Sandhill Road, all in Section 22, T12N, R11 east of the 6th P.M., Cass County, Nebraska. Motion carried by unanimous roll call vote. John Plucknett spoke in favor of the option on behalf of the BUILD Economic Development Committee and encouraged the city council to pursue the option and look at updating the comprehensive plan to match the city’s long term goals. No other public comment was made. Petrzilka moves, Behrns seconds to close the public hearing at 7:05 p.m. Motion carried by unanimous roll call vote. City Attorney Johnson stated that this public hearing was one of the steps in acquiring an interest in real estate. The next step he recommends would be an appraisal of the property.

Mueller moves, Behrns seconds to open the public hearing at 7:07 p.m. to consider a request for LB840 economic development funds from Gary & Denise Nashleanas dba Art Chicks, Inc. Motion carried by unanimous roll call vote. Denise Nashleanas spoke about their interest in revitalizing the Art Chicks business including their plans for renovations and expansion. She requested that the first loan payment be deferred until April, 2007. Denise stated that they are excited about Louisville’s active Main Street and are looking forward to joining the business community. John Plucknett also testified in favor of strong consideration by the city council to use LB840 funding for this project. Gary Nashleanas reminded the council that Art Chicks used to bring 12,000 customers to town annually and their goal is to return to that number. The council was reminded that those customers shopped the other businesses in town as well. Dick Berner added that Art Chicks is a valuable asset to the community and he has faith that Gary and Denise will do a great job with the business. The Nashleanas’ have presented a plan to the LB840 application review committee and their recommendation was in the council packets. Behrns moves, Petrzilka seconds to close the public hearing at 7:17 p.m. Motion carried by unanimous roll call vote.

City Supervisor, Dan Henry recommended that Ordinance #792; Water and Sewer Rates be tabled until the next meeting to give him and the city treasurer time to study revenue and expense reports. Mueller moves, Sherman seconds to table Ordinance #792 to the next meeting. Motion carried by unanimous roll call vote.

The US Cellular lease agreement was discussed. The council was presented with a redline copy of the agreement. City Attorney Johnson and Council President Mueller have been working with the US Cellular representatives to iron out the details. Mueller moves, Behrns seconds to approve the form of the contract and authorize the execution upon receipt and acceptance of the exhibits. Motion carried by unanimous roll call vote.

Rescue Captain, Levi Krause was present with the recommendation from the rescue squad replacement committee. The notice to bid was published and bids were opened publicly and read aloud on Friday, November 3, 2006. One company bid with two different vehicles. The committee’s recommendation is the new vehicle instead of the demo at a cost of $115,082.00. Funding was discussed and will be finalized at a later time. Petrzilka moves, Behrns seconds to award the bid for a new rescue squad to MVP, Inc. in the amount of $115,082.00. Motion carried by unanimous roll call vote.

Mueller moves, Clete seconds to award the bid for the 1972 Chevrolet dump truck Model C60 to the highest bidder, Randy Payne, for $1,002.05. Motion carried by unanimous roll call vote.

Petrzilka moves, Mueller seconds to award the bid for the 2001 Hiniker “V” snowplow to the highest bidder, Russ Hans, for $1,051.50. Motion carried by unanimous roll call vote.

The Waste Management contract was the next topic of discussion. Some minor updates and modifications have been made upon the attorney’s recommendation. Increases in the costs to haul waste prompted renegotiations with Waste Management. There has not been a price increase for waste removal for the last 6 years and those will now be done on an annual basis. Fuel surcharges will also be added. Behrns moves, Petrzilka seconds to approve and authorize the execution of the contract with Waste Management effective November 1, 2006. Motion carried by unanimous roll call vote.

City Supervisor, Dan Henry spoke about an engineering contract with JEO for the water treatment facility. The council decided they needed more explanation so will wait until next meeting when Eric Obert will be available. The standard contract will also be reviewed by the city attorney before the next meeting.

Dan reported that the maintenance/utility department employees have not yet made the effort to obtain their CDL licenses, so he will inform them that testing will be done next Thursday.

Mueller moves, Behrns seconds to award the contract to Quality Remodeling on housing rehab project 06-LOU/REUSE-003 in the amount of $14,675.00. Motion carried by unanimous roll call vote.

There was a lengthy discussion regarding the request for LB840 funds for Art Chicks. The application review committee recommended a $25,000 low interest loan with a four year term. The applicants have asked for a longer term and a larger amount and a deferred first payment. Council President Mueller reported for the application review committee stating that according to the scoring criteria, the project didn’t meet all the requirements for full funding, but they recognized the value of the business so recommended the lesser amount. Behrns moves, Sherman seconds to approve an LB840 loan to Gary and Denise Nashleanas dba Art Chicks in the amount of $35,000 with a ten year term at an interest rate of half the New York Prime at time of closing with the first payment due April 1, 2007 and a security agreement as discussed. Roll call vote: ayes - Petrzilka, Behrns, Sherman; abstain – Mueller. Motion carried.

Behrns moves, Mueller seconds to approve change order #5 to Prairie Construction for Louisville Care Center Assisted Living Facility in the amount of $80,268.00. Motion carried by unanimous roll call vote.

Sherman moves, Petrzilka seconds to approve pay application #14 and final to Prairie Construction for Louisville Care Center Assisted Living Facility in the amount of $119,808.19. Motion carried by unanimous roll call vote.

Mayor Pankonin presented a letter of resignation. Petrzilka moves, Behrns seconds to accept Mayor Pankonin’s resignation. Motion carried by unanimous roll call vote.

City Attorney Johnson stated that according to state statute, upon resignation of a Mayor, the council president automatically takes the Mayor’s position for the unexpired term. Council President Mueller took the Oath of Office to become the Mayor of Louisville until December 2008.

The process for filling the vacancy on the city council was discussed. Sherman moves, Petrzilka seconds to declare a vacancy on the city council and to direct the posting of notice of vacancy for the balance of the term. Motion carried by unanimous roll call vote.

Sherman moves, Petrzilka seconds to schedule a special meeting for November 16, 2006 at 4:30 p.m. to fill the vacancy on the city council. Motion carried by unanimous roll call vote.

Petzilka moves, Sherman seconds to approve the election of Roger Behrns as Council President for the balance of the term. Motion carried by unanimous roll call vote.

There were no reports from sheriff, fire, rescue, JayCees, Library, Senior Center or Care Center. John Plucknett reported for BUILD. He spoke about the City of Plattsmouth forming a bridge commission and the Village of Cedar Creek passing the baseball complex issue. John also spoke about an investment strategy for the water bond funds. Dan reported for water, wastewater and streets. He would like to formulate a plan to replace fire hydrants on a regular basis. Dan talked about the water main breaks on Koop Avenue in the last couple of weeks that were a result of old fire hydrants locking up and building pressure in the mains. He also talked about the plan to haul sludge from the sewer plant with the new dump truck. Council Member Petrzilka asked if the library plumbing had been fixed and Dan reported it had been.

Petrzilka moves, Behrns seconds to adjourn the meeting at 9:00 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, 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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