CITY COUNCIL
Meeting Minutes

December 10, 2003

LOUISVILLE, NE


A regular meeting of the City Council of the City of Louisville was held on Wednesday, December 10, 2003, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members Clete Petrzilka, Joe Smisek and Steve Sherman. Council Member Alan Mueller 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. Petrzilka moves, Sherman seconds to approve the consent agenda. Roll call vote: 3 ayes, 1 absent. Motion carried.

Petrzilka moves, Sherman seconds to reelect Mueller as Council President. Ayes – 3, nays – none. Motion carried. Sherman moves, Smisek seconds to reelect Petrzilka as Council Vice-President. Ayes – 2, Petrzilka – abstain. Motion carried. Smisek moves, Petrzilka seconds to approve the appointment of Roger Johnson as the City Attorney. Ayes – 3, nays – none. Motion carried. Petrzilka moves, Sherman seconds to approve the appointment of Dee Arias as City Clerk/Treasurer. Ayes – 3, nays – none. Motion carried. Sherman moves, Petrzilka seconds to approve the appointment of Cass County Sheriff for Law Enforcement pursuant to the terms of the existing contract. Ayes – 3, nays – none. Motion carried. Sherman moves, Petzilka seconds to approve the appointment of Brian “Bub” Heard as Fire Chief. Ayes – 3, nays – none. Motion carried. Petrzilka moves, Sherman seconds to approve the appointment of JEO Consulting Group as City Engineer. Ayes – 3, nays – none. Motion carried. Sherman moves, Petrzilka seconds to approve the appointment of Dan Henry as Building Inspector. Ayes – 3, nays – none. Motion carried. 

Mayor Pankonin appoints Council Members Sherman and Petrzilka to the Water & Sewer Committee, Smisek & Mueller to the Streets Committee and Petrzilka to the Parks & Recreation Committee. 

Ordinances #753 and #754 were then discussed. These two ordinances both deal with water/sewer issues. Mayor Pankonin gave an update of the past discussions of these two ordinances. There were alternates to choose from per a discussion with a landlord during this past week. Both alternatives were explained to the council and the audience. The first alternative proposes a $50 nonrefundable application fee with the ultimate responsibility to the landlord to bring an account to $0.00 balance before water can flow through that meter again. The second alternative proposes a $100 nonrefundable application fee with the property owner paying any balance in excess of $100 between customers. Both options state that when service is discontinued because of nonpayment, the account must be pay in full with a $50 reconnection fee before service can be restored. Bob Copple was present as a landlord with the observation that the second alternative doesn’t put the burden of the water from day one on the landlord. An item of contention was the amount of the nonrefundable application fee. Sherman moves, Smisek seconds to table ordinances #753 and #754 until the next meeting. Roll call vote; ayes – 3, absent – 1. Motion carried. 

Dan Henry reported that Cass County said the Sandhill Road Project will be designed with minimum standards according to Randy Wilkens, which would allow for some shoulders and drainage. At the last city council meeting, the members asked about having design input, especially on the corner with the high bank. The county didn’t figure on changing the curve, but if the city could contact the property owner and they would be agreeable to cut down the bank, the county would be willing to do that. The concern is safety on that curve as well as drifting when it snows. The consensus is the city wants to pursue the project, so will do as the county asks and contact the property owners. The point to make to the property owners is that the project will enhance the value of their property for future development. 

The next issue discussed was no parking on the north side of 3rd Street between Main Street and the alley. Dan measured those stalls since the last meeting and determined the distance between yellow lines is 20’6”. The concern is the last spot to the east next to the alley. 20’6” from the last line takes it all the way to the alley. There isn’t a line there, but always a vehicle parked there. Roger was asked to find out what the state statute states regarding distance from an alley that allows parking. 

Dan gave an update for the Lower Platte River Utilities Board (LPRUB). Ashland still hasn’t made a decision regarding their involvement which they plan to do at a meeting next week. If they sign, all is ready to go. If they don’t sign, the agreement will need to be redrafted to reflect only four participants. If the agreement needs to be redrafted it will need to go back on the city’s agenda for another vote because it will be a different agreement. The City of Louisville is on a deadline and needs to move now. Dan reported on a meeting he went to last week on the state revolving fund. He told the council that April 1, 2004 is the deadline for the loan application. Preliminary engineering reports are being done now, but an environmental impact study still needs to be done. 

Sherman moves, Petrzilka seconds to approve Mayor Pankonin’s appointment of Dan Henry as the city’s representative to LPRUB. Ayes – 3, nays – none. Motion carried. Sherman moves, Petrzilka seconds to approve the appointment of Alan Mueller as the alternate representative to LPRUB. Ayes – 3, nays – none. Motion carried. 

Petrzilka moves, Sherman seconds to establish a new accounting fund for economic development, retroactive to January 1, 2003. Roll call vote; ayes – 3, absent – 1. Motion carried. 

Petrzilka moves, Smisek seconds to approve the appointment of Paul Pankonin to the Library Board. Ayes – 3, nays – none. Motion carried. 

Brian Michalski was present to discuss a dispute over a bill for work done on the sewer line at his residence at 317 Cherry St. The city received a bill and Dan told the clerk that the bill was for the property owner’s service line and the city wasn’t responsible. After Brian explained the situation, it appears to have been a misunderstanding and a portion of the bill was for work done that resulted in finding out the city’s sewer main was the problem. Brian has paid for the portion he feels is his responsibility and wants the city to pay for the rest. Roger suggested calling the insurance company to see if repairs are covered for sewer mains. Dan explained that the sewer main dead ends at his property and runs north for 45’ then drops down about 3 or 4 feet. Dan agrees the sewer line is definitely a problem in that area. The council agrees that the city wants to help Brian in anyway possible so information will be gathered and the insurance company contacted. 

There was a deputy present as well as a written report from the sheriff’s department. He stated there has been a series of daylight burglaries in the surrounding area. The council asked the deputy to pass the word that patrolling Main Street at bar closing time would be appreciated. When the bar has harder rock bands, the crowd gets rougher and rowdier. 

There were no reports from the Fire/Rescue Departments, JayCees, MAC Committee, Care Center, Library, and the Senior Center. Mayor Pankonin wanted Dan and his crew to be complimented for the snow removal efforts. Dan reported for water/wastewater/maintenance. He reiterated that the meeting he went to last week about funding was very interesting and he wanted the council to know that a lot of other towns are applying for these loans. He also stated that the chlorine level has to be brought up slightly for compliance reasons. Mayor Pankonin pointed out that the maintenance crew repaired a wall at the Senior Center with new stub walls and drywall. The only thing left to do is paint. Dan stated the possibility of replacing the front doors and digging a footing under the entrance. Dan will visit with Loyd Braak regarding that. 

Mayor Pankonin reported for the BUILD Committee. Some issues discussed at the last meeting were a historical depository and business district signs on Walnut Street pointing toward downtown. The BUILD Committee also had compliments on how smoothly things are running in town.

Petrzilka moves, Smisek seconds to adjourn the meeting at 8:15 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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