Meeting Minutes

January 9, 2002


A regular meeting of the City Council of the City of Louisville was held on Wednesday, January 9, 2002 at 7:00 p.m. at the City Hall. Present were Mayor Dan Henry and council members Rod Petersen, Dave Pankonin, Greg Manley and Don Harris. Also present were attorney Roger Johnson 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.

Motion by Manley, second by Harris to approve the consent agenda. Roll call vote: Harris, aye; Pankonin, aye; Manley, aye; Petersen, aye. Motion carried.

A deputy from the Cass County Sheriff's office gave the Sheriff's report. There were 61 calls for service in December with 196.83 hours patrolled. This included 1 call for theft of services, 2 for burglary, 2 for recovered property, 2 vandalism, 3 disturbances, 1 arrest, 37 miscellaneous, 3 vehicles red tagged for parking and 1 vehicle towed. A total of eight citations were written 2 warnings and 1 violation. A brief discussion followed regarding the reducing of the speed limit on West 5th Street to Highway 50. The Nebraska Department of Roads is completing a study on this. Recent vandalism in the Highway 50 area was also discussed. 

Christine DeBrie from the JayCees Organization updated the council on upcoming JayCees activities. A bike safety program is being planned. Shooters Ed will be held in February and February 23rd a seminar for personal taxes; personal finance and massage will be held. They will be running the JayCees Against Youth Smoking at the school and this has been expanded to the Plattsmouth School also. Louisville Daz will be held on May 25th. They are asking for permission to have the beer garden again and would like to close Main Street from Third Street to the Fire Station. In the evening the band would be located on Main Street between Jeff's Grocery and Ace Hardware. They would like to place the beer wagon in the drive between Home State Bank and the City Hall and use the buildings as boundaries. They would also like to use the power from the street light poles for the band. The council will take their requests under consideration. The JayCees regarding using the power outlets on the streetlights should contact OPPD.

Dave Miller from the Nebraska Department of Economic Development gave a presentation on LB840, Local Option Municipal Economic Development Act. The act allows the communities to use general funds either through property tax or local option sales tax revenues for economic development purposes. The plan would guide the City through the process of identifying goals and objectives, as well as specific projects that may result from the plan. There are currently over 110 communities in the State that have exercised the use of local option sales tax money either for property tax relief, capital improvements, fire and safety equipment. There are 20 communities using the local option sales tax for economic development purposes. Alliance and Ord are the most recent communities. LB840 has been a Nebraska statute since 1991. Prior to that communities used the Municipal Publicity Act that was written in 1972. The Municipal Publicity Act is very broad in it's language and is another possible recourse for the City to explore. It uses a case by cases or project by project basis and Dave suggested to the Council that if there was a particular project that would arise between now and when an economic development plan is put in place, they might be able to use the Municipal Publicity Act. Dave cautioned the Council on using the Municipal Publicity Act, because the language is very broad and has been challenged. An eligible activity under LB840 would be loans and grants to eligible businesses organized as corporations in the state of Nebraska. Dave strongly recommended that Louisville look into adopting an economic development plan. 

Mayor Henry commented that what the City is considering is setting up an industrial or commercial site outside the city limits. The city would have the same taxing authority at this site as it does in the city limits. The Department of Economic Development has a Site Evaluation Team that will come out and look at potential sites and make recommendations as to what they feel would work the best. 

Terry Meier from SENDD asked what the benefit of using LB840 funds is over just typical sales tax. Dave Miller said that because LB840 is so specific in outlining two things that must happen in order for LB840 to work is the voters have to approve the economic development plan and the tax levy. When the community has supported a LB840 plan they are basically supporting the type of activities for economic development. Often times under the other plan the council can allocate general funds for economic development and it opens up the council for possible challenges. Under LB840 it was approved by a majority vote of the residents. The plan acts as a guide for the city. Dave Pankonin asked if we would be replacing our sales tax that we have now. Mayor Henry felt the city could just allocate some of the tax they are collecting now. The present sales tax ordinance when adopted indicated it could be used for economic development. Mayor Henry felt the process was to come up with an economic development plan and put it to a vote of the people saying we would use a certain percentage of the sales tax revenue to fund the economic development plan. 

Bob Copple felt the site evaluation would be crucial so that everyone is pointed in the right direction. The Site Evaluation Team will look at different sites, cost, etc and make recommendations to the council. Dave recommended the Comprehensive and Land Use Plans be looked at for current and future zoning, as well as the extension of utilities. The Hwy 66 Bypass was also discussed and it's relationship to the economic development plan. Dave Pankonin has been in contact with John Jacobson regarding the project and the money from the federal government should be coming in soon. Environmental issues will need to be looked at. It was noted there is a big difference between commercial and industrial. Access to Highway 50 and 66 would need to be considered. 

The problem of dogs running at large in town was discussed. Since the City has no humane officer it will be difficult to correct the problem. The possibility of using Omaha was discussed or other humane services. The problem will be if the humane service is called, by the time they get to Louisville; the dog will most likely not be in the same area. Don Harris knew of a few dogs running in his neighborhood and who the owners of the dogs are. These can be reported to the Sheriff's department for citations. After a brief discussion it was decided to have the Sheriff contact the owners of the dogs and ask them to comply with the leash requirements. Don will get a list of the owners that should be contacted.

Motion by Pankonin, second by Manley to approve Resolution 02-01, CDBG Drawdown #2 for $3,316.00. Roll call vote: Manley, aye; Petersen, aye; Harris, aye; Pankonin, aye. Motion carried.

The repairs to the 2nd Street Bridge were discussed. Roloff Construction did the initial piles and tie backs in 1977. There has been no change in the work that Roloff Construction did in 1977. Greg Manley discussed this with Julie Ogden of JEO and it was decided to just core drill one hole by the bridge abutment to the bottom to see how big the cavity is, put more rip rap in and straighten the other side out to straighten out the channel and fill. Julie Ogden felt this would be an adequate repair to the bridge to fix the existing problems. Roloff Construction gave a bid of $4,500 with an additional $135.00 per cubic yard for the flowable fill. Roger Johnson suggested soliciting bids from two other contractors. Discussion followed regarding the repair aspect of the job. Motion by Harris, second by Petersen to accept the bid from Roloff Construction for repairs to the 2nd Street Bridge. Roll call vote: Pankonin, aye; Harris, aye; Manley, abstain; Petersen, aye. Motion carried. 

One sealed bid was received for the surplus 1979 Chevrolet Ambulance. The bid was from Wayne Chriswisser for $1,025. Motion by Petersen, second by Pankonin to accept Chriswisser's bid of $1,025 for the surplus 1979 Chevrolet Ambulance. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried.

Eric Obert of JEO presented the results of the Corrosion Control Study. This study was required to be in to the State by December 31, 2001. This requirement was met. Samples of water were taken from twice from the wells and twice from residents. The Corrosion Control Study addresses lead and copper in the water. Louisville does not have a problem with lead in the water. There is no copper in the water coming out of the wells, but there is copper in the households and the water in Louisville causes the copper in the household plumbing to leach out into the water. The level of copper in the water from the households exceeds the level established by the EPA. Because the City supplies the water it is the City's responsibility to correct the problem, not the homeowners. The EPA has two different treatment types that Louisville can use. The first one is the addition of a caustic. The caustic would be lime that will adjust the pH of the water either up or down and make the water less aggressive in the copper piping. This lime would cause a white residue build up inside the pipes that will coat the pipes and provide a barrier between the water and the copper piping. The problems with lime or caustic addition to the water is that once the build up starts, it doesn't stop and eventually the lines all become clogged. Since Louisville has an iron and manganese problem, along with aesthetics, this will leach out of the water. This will cause the water to look black and will resemble a black sludge. There is no danger in drinking the water, but it will look terrible. 

The other option, which is the option the report goes towards, is the addition of a chemical to the water. This would be an ortho poly phosphate. This treatment will have the same results of the lime caustic, but it would present no problems with consumption. With this treatment option there would be an improvement in the water quality with the exception of those on dead end lines. When this treatment is started it will bind up everything in the pipes and will produce horrible water for approximately two weeks. It will look something like mud coming through since everything that has built up in the last 50-60 years will want to come off. There will need to be a lot of public notification and would want to start the treatments at night and do some initial flushing to get it to every point in town to try to clean up the lines. When this build up comes off it will expose iron bacteria in the pipe. This will require the addition of chlorine to the water. The EPA considers the addition of any kind of phosphate a treatment to the water and requires the addition of chlorine to the water. Louisville will then be adding three chemicals to the water, fluoride, phosphate and chlorine. This will need to be added at each well site. Three pumps will be needed, and tanks to store the chemicals. The phosphate is a fairly sizeable feed rate, 10-17 parts per million, which means 17 gallons for every million gallons of water that is treated. There will be an adjustment period of six months to a year to get everything adjusted, as it should be. Once the lining is formed in the pipes the feed rate can be adjusted down to half or 40%. Those closer to the wells will notice more of the taste of the chemicals. Eric estimated the cost of this treatment at $15,000 to $20,000 for the pumps and 10-20 cents/1,000 gallons of water or about $15,000 per year for the chemicals. This equipment can be reused in the long-term solution to the water problems. Larry Wittrock has the required certifications for this treatment and testing option. The EPA will shut down the water system if nothing is done to correct the Corrosion Control problems. The EPA requires a plan be implemented by April, 2003. Larry Wittrock felt the City would be required to treat, even with a long-range plan for the water supply problems. Greg Manley suggested buying the pumps for the permanent water solution and using them on the existing wells for the Corrosion Control problem. Eric Obert agreed with Greg Manley. 

Eric informed everyone that it is the plume of fuel in the ground where the existing well site is that is the real concern. Surface water is also a concern. The screens on the wells are ten feet too close to the top of the ground, however the screens cannot be any lower because the well would hit bedrock. There is plenty of water at the current well site, but the quality of water is the question. The State of Nebraska is whom we have to battle on the well site, not the EPA. The EPA sets out the guidelines and the Nebraska Department of Health enforces them. What is keeping Louisville from using the existing well site for the long-term water solution is that it doesn't meet some of the requirements that the State controls. The federal government is involved in the copper issue. Maureen Gulizia asked why the City would be responsible for the homeowners problems. Eric Obert said this was a legitimate concern and it has been brought up before. The problem is the homeowner has the copper piping, but the City's water is pulling the copper out of the pipes. Maureen asked about newer homes that may have only a minimum of copper lines. There would be no noticeable difference in the water. Water rates will need to be adjusted up to meet the costs of the chemicals and to qualify for any low-interest loan rate for the long-term solution. Maureen asked about the sulfur smell in the water and if this treatment might help eliminate that. Eric felt it would help but he did not know to what degree. Eric felt he would hear back from the State by the end of January regarding the two treatment options and what they will agree with. Eric said the State tends to want the lime caustic treatment as opposed to the ortho phosphate, but the State would also want to moderate the clogging of the pipes with the lime caustic. Dave Pankonin will be contacting some individuals at the state level to try to set up a meeting to discuss this situation. Eric recommended getting started on the planning specs as soon as we hear back from the State. There will also be security issues to address with the storage of these chemicals. 

Motion by Pankonin, second by Petersen to approve payment of $1,191.00 to Thiele Geotech, Inc. on Prairie Hills Subdivision. Roll call vote: Harris, aye; Manley, abstain, Pankonin, aye; Petersen, aye. Motion carried. 

Motion by Pankonin, second by Manley to approve membership in Southeast Nebraska Tourism Council for $25.00. Roll call vote: Harris, aye; Pankonin, aye; Petersen, aye; Manley, aye. Motion carried.

Motion by Petersen, second by Pankonin, to approve membership dues to Nebraska Rural Water Association for $125.00. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried.

Motion by Harris, second by Manley to approve clerk's attendance at Clerk's School and to pay tuition, room and board. Roll call vote: Pankonin, aye; Harris, aye; Petersen, aye; Manley, aye. Motion carried. 

Motion by Manley, second by Pankonin to approve payment of membership dues to Nebraska Planning & Zoning Association for $35.00. Roll call vote: Pankonin, aye; Harris, aye; Petersen, aye; Manley, aye. Motion carried. 

Motion by Pankonin, second by Harris to approve payment of registration and board for three to attend the Nebraska Planning & Zoning Conference. Roll call vote: Harris, aye; Manley, aye; Petersen, aye; Pankonin, aye. Motion carried.

The One and Six Year Street Plan was reviewed. The projects included are the 6th Street Bridge and the extension of Eastwood Drive. After a brief discussion no recommendations were made for changes. The public hearing and adoption of the plan will be held at the February meeting. 

Mayor Henry made the following nominations for the Board of Adjustment; Morris Beck, Greg Scholting, Marvin Kupke, Jerry McClun, Bob Derby and Bob Keiter as alternate for three-year terms beginning January, 2002. Motion by Petersen, second by Harris to accept the nominations for Board of Adjustment. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Mayor Henry made the following nominations for the Board of Health; Dan Henry, Rod Petersen, Jerry McClun and Linda Heard. Motion by Pankonin, second by Harris to approve the nominations for the Board of Health. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

The cost share for theater advertising to promote Louisville and employment opportunities and resident openings at the Louisville Care Center were discussed. The total expenditure is $2,000. Three slides are shown one for the City and two for the Care Center. Motion by Harris, second by Petersen for the Care Center to pay for two-thirds of the cost of the advertising and the City will pay one-third. Roll call vote: Manley, aye; Harris, aye; Pankonin, aye; Petersen, aye. Motion carried.

Jerry McClun reported the Rural Fire District had ordered the new pumper truck and it is being built now. Delivery will probably be in August. 

Larry Wittrock gave the People Service report. The effluent line from the sewer line is filled with tree roots and broken in places. This line was not put in new when the new plant was built, but was the original line from the old plant. Larry suggested putting a new line through a difference route, which would only be 75 ft. To replace the current line would take 400 ft through timber. Larry has checked with the State and a new permit would not be needed. A construction permit will be required, along with a survey. Eric Obert will perform the survey. The construction permit will be good for one year. There is a tv'd tape showing the roots and broken areas of the pipe for those that want to view it. Greg Manley will get estimates on the cost for the new line. Roger Johnson suggested soliciting bids for this project. A decision will be made after Greg gets estimates. 

Jack Faubion gave the Maintenance report. The majority of time has been spent on equipment repairs. Some snow removal was done just before Christmas. Main Street will be swept on January 11th if the weather holds. 

There was no representative from the library or Senior Citizens. 

Mayor Henry reported on the Care Center. He briefly attended the January meeting to introduce new board member, Kara Habrock. The mayor will not be attending the meetings on a regular basis, but will periodically attend. Several comments were received regarding the Christmas Bonuses this past year. They are now fully staffed and are now contacting the waiting list to fill the empty beds. 

Dee Henry reported on the MAC Committee. They are proceeding on the theater advertising. The brochure will be ready soon. The MAC Committee will be at the Home Show this year and the Acreage Show in May. The Jay Cees attended the last MAC meeting looking for ideas for Louisville Daz. They are working with John Harrington on internet promotions. The State Parks will not allow them to attach to their web page, so they will be trying a different route to link with the parks. Dave Pankonin has been working with Cass County Tourism on some funding. Kurt Glather from the High School and Linda Latroup from the Care Center will be getting together to discuss a program between the two for internships, etc. 

Dave Pankonin felt the article in the Plattsmouth Journal featuring Louisville would be out this week. 

Motion by Manley, second by Harris to adjourn at 8:45 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

I, the undersigned clerk, do 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.

Candace J. McClun
City Clerk 

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