CITY COUNCIL
Meeting Minutes

December 8, 2004

LOUISVILLE, NE



A regular meeting of the City Council of the City of Louisville was held on Wednesday, December 8, 2004, at 7:00 p.m. at the City Hall. Present were Mayor Dave Pankonin, Council Members Clete Petrzilka, Alan Mueller, 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 the three newly elected officials, Mayor Pankonin, East Council Member Roger Behrns and West Council Member Steve Sherman, took their respective oaths of office. Petrzilka moves, Mueller seconds to approve the consent agenda. Motion carried by unanimous roll call vote.

Petrzilka moves, Sherman seconds to reelect Mueller as Council President. Roll call vote; ayes – 3, Mueller – abstain. Motion carried. Sherman moves, Behrns seconds to reelect Petrzilka as Council Vice-President. Roll call vote; ayes – 3, Petrzilka – abstain. Motion carried. Mueller moves, Petrzilka seconds to approve the appointment of Roger Johnson as the City Attorney. Motion carried by unanimous roll call vote. Petrzilka moves, Sherman seconds to approve the appointment of Dee Arias as City Clerk/Treasurer. Motion carried by unanimous roll call vote. Mueller moves, Petrzilka seconds to approve the appointment of Cass County Sheriff for Law Enforcement pursuant to the terms of the existing contract. Motion carried by unanimous roll call vote. The fire chief appointment will wait until the next meeting, after the fire department meeting. Sherman moves, Behrns seconds to approve the appointment of JEO Consulting Group as City Engineer. Motion carried by unanimous roll call vote. Sherman moves, Mueller seconds to approve the appointment of Dan Henry as Building Inspector. Motion carried by unanimous roll call vote. 

Mueller moves, Behrns seconds to approve the appointment of Sherman and Petrzilka to the Water & Sewer Committee. Motion carried by unanimous roll call vote. Sherman moves, Petrzilka seconds to approve the appointment of Behrns & Mueller to the Streets Committee. Motion carried by unanimous roll call vote. Behrns moves, Mueller seconds to approve the appointment of Petrzilka to the Parks & Recreation Committee. Motion carried by unanimous roll call vote. 

Mueller moves, Petrzilka seconds to open the public hearing for the Cedar Creek Rescue Agreement at 7:10 p.m. Motion carried by unanimous roll call vote. Mayor Pankonin recapped that the agreement has been in place for a long time. It was agreed there was a lack of communication between the two entities, but Mayor Pankonin feels there was a good resolution at the last meeting. No public comment was made. Petrzilka moves, Mueller seconds to exit public hearing at 7:12 p.m. Motion carried by unanimous roll call vote. Behrns moves, Petrzilka seconds to approve the Cedar Creek Rescue Agreement. Motion carried by unanimous roll call vote. 

Mueller moves, Petrzilka seconds to introduce by title only and suspend the three required statutory readings of Ordinance #765; Elections to be Held in Conjunction With State Elections. Motion carried by unanimous roll call vote. Mueller moves, Petrzilka seconds to adopt on third and final reading by title only Ordinance #765. Motion carried by unanimous roll call vote. 

Behrns moves, Mueller seconds to introduce by title only and suspend the three required statutory readings of Ordinance #766; Library Board Reports. Motion carried by unanimous roll call vote. Mueller moves, Sherman seconds to adopt on third and final reading by title only Ordinance #766. Motion carried by unanimous roll call vote. 

Mueller moves, Sherman seconds to introduce by title only and suspend the three required statutory readings of Ordinance #767; Liquor License Fees. Motion carried by unanimous roll call vote. Mueller moves, Petrzilka seconds to adopt on third and final reading by title only Ordinance #767. Motion carried by unanimous roll call vote. 

Mueller moves, Sherman seconds to introduce by title only and suspend the three required statutory readings of Ordinance #768; Nuisance Procedures. Motion carried by unanimous roll call vote. Mueller moves, Petrzilka seconds to adopt on third and final reading by title only Ordinance #768. Motion carried by unanimous roll call vote. 

Kari Wockenfuss reported for the Care Center. She stated that the land survey is complete and they are hoping to have a drawing done by January for the assisted living project. In November, they reached 100% occupancy. Mayor Pankonin suggested one council member be on the assisted living building committee to protect the city’s interest. Kari said that would be a good idea. She also invited everyone to a Christmas Open House on December 20th. 

Dave Wedekind was present with a request for city support for state access to his property west of Highway 50. He explained that the state access he wants has been approved by the state engineers but still has to go before the highway commission board for final approval. One commercial access and one restricted access is what the state engineers have approved with the condition that when the four-lane highway comes through, Dave would have to give up his restricted access. Mueller moves, Sherman seconds to formally show support of the development and the granting of state access. Motion carried by unanimous roll call vote. 

Dave Wedekind also discussed the possibility of the city providing water to his property. It is getting to the point where engineering work will have to be done and submitted to the state, which will cost money. It was agreed that an agreement will have to be drawn up between the city and Dave for expenses incurred. 

Petrzilka moves, Mueller seconds to approve the State Highway Maintenance Agreement No. 55. Motion carried by unanimous roll call vote. Petrzilka moves, Behrns seconds to approve the Certificate of Compliance with State Maintenance Agreement No. 55. Motion carried by unanimous roll call vote. 

City Engineer, Eric Obert, was present to discuss the plans and specs of the new water tower. The plans include a tower 500 to 600 feet south of the existing tower on Sand Hill Road. It is a 400,000 gallon pedestal tower. It will be 152 feet to the high tower level. The pedestal design is mainly for safety. No legs to climb on and all components are internal such as the ladder, the pipes and the power, and everything comes through a locked door. The geo tech work has all been done and everything looks good. Another part of this project is pressure reducing valves. The elevation and height of this tower causes better pressure to households that now have inadequate pressure. These same things however, cause pressure that’s too high for numerous connections. Eric proposed pressure reducing valves for those connections with pressure over 100 pounds. This will entail shut offs and special valves on 309 connections in the city. This can get complicated because it means going into people’s homes and businesses to install these devices. Some houses will have galvanized pipe, some will have copper and some will have plastic. The city maintenance crew plans to do the work themselves. The plans have been submitted to the state and awaiting approval. Mueller moves, Petrzilka seconds to accept the plans and specs for the water tower and authorize to advertise for bids for completion of Fall ’05 and Spring ‘06. Motion carried by unanimous roll call votes. 

Petrzilka moves, Sherman seconds to enter executive session for legal reasons at 8:17 p.m. Motion carried by unanimous roll call vote. Mueller moves, Petrzilka seconds to exit executive session at 8:37 p.m. Motion carried by unanimous roll call vote. 

Mueller moves, Petrzilka seconds to approve the expense of a $250 set up fee, $150 annual fee and $20/participant for a 457(b) retirement plan. Motion carried by unanimous roll call vote. 

John Plucknett was present to with a request that the city allow the bank the flexibility to either purchase U.S. Treasury Securities or purchase Deposit Guarantee Bonds to meet the statutory pledging requirement. The bonds would be purchased from Kansas Banker’s Surety Company, a long-time well-known supplier of these bonds. Information was presented the council with state statutes and letters from other cities that use surety bonds. Legal counsel has no problem with the bonds. Kansas Banker’s Surety Company’s bond rating wasn’t available at the time of the meeting. John has requested that information and will available tomorrow. Petrzilka moves, Sherman seconds to table the discussion until the next meeting. Ayes – 4, nays – none. Motion carried.

John presented a street closing request for 2nd Street from Main Street east to the alley for a Christmas for the Generations Celebration Saturday, December 11, 2004 from 10:00 a.m. to 1:00 p.m. Petrzilka moves, Behrns seconds to approve such street closing. Motion carried by unanimous roll call vote. 

There was a written report from the sheriff. There were no reports from Fire/Rescue, JayCees, MAC Committee, Maintenance/Water/Wastewater or Library/Senior Center. John Plucknett reported for B.U.I.L.D. They have been working on self-examination and defining their purpose. They have come up with a mission statement and have surveyed the members for their input on improvements they want to see. They want to make sure they have a balance on Main Street between services and retail. 

Behrns moves, Sherman seconds to enter executive session for legal reasons at 9:05 p.m. Motion carried by unanimous roll call vote. Behrns moves, Mueller seconds to exit executive session at 9:37 p.m. Motion carried by unanimous roll call vote. 

Petrzilka moves, Mueller seconds to adjourn the meeting at 9:38 p.m. Ayes – 4, 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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