CITY OF LOUISVILLE

CITY COUNCIL

February 14, 2001

LOUISVILLE, NE

A regular meeting of the city council of the City of Louisville was held on Wednesday, February 14, 2001 at 7:00 p.m. at the City Hall. Present was Mayor Henry, Council Members: Rod Petersen, Don Harris, Dave Pankonin and Greg Manley. Also present: 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 acknowledgment 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 Pankonin, second by Manley to approve the consent agenda, which includes: city minutes of January 24, 2001, City and Care Center warrants, treasurer's report, investments & transactions, clerks report, acknowledgement of Planning Commission minutes and Floodplain Development Permit for Nebraska Game & Parks. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Motion by Manley, second by Harris to temporarily adjourn as City Council and open public hearing on One and Six Year Street Plan. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Eric Obert of JEO gave the council and audience a handout on what the road program is and what the allocations are and what is contained in the One and Six Year program. Eric explained to the audience and council how the allocations are arrived at. The One and Six Year program is for the fiscal year 2001/2002 and they are always worked a year ahead. The state always wants to see the communities planning and that is the reason for the road program. Eric explained that regarding the items listed in the road program, even though they are listed, they are not set in stone. It is a matter of filling out a form to get things changed and that is not a problem. If you have an item you want to put in this year, it would be no problem. You can keep placing items on the One and Six Year Plan, which may mean an item being on there for ten years. The road program is very flexible, but they want to see the community plan. Eric noted the city's allocation per year is $67,000. This would need to be matched with 25% of local funds. The money can be used for anything associated with streets, construction, maintenance, equipment, etc. Don Harris asked about the half million dollars for the infrastructure on the South Ridge addition. He was under the impression the city would not be under any obligation for this project. Eric stated this information was put together back in September. If you want to revise it, it can be revised or you can take it out altogether. You would need to make the change tonight, as the report needs to be to the State by March 1st. It would take a motion to remove that and change the forms. Eric asked if it was definite that the city would have no obligation on the South Ridge street construction. Dan Henry responded that the developer would fund the infrastructure. Eric advised that it be taken out. Greg Manley asked if the money allocated needed to be spent every year or can it be carried over? Eric stated he thought it could be carried over but they like to see the money spent on the items that are on the agenda. If you have typical maintenance, yes, that money can carry over until it accumulates to a project so if you have a project on there for six years you can accumulate the money up to the point where you can get that project paid for. Dave Pankonin asked if the one year, which is the next fiscal period, would be the Fifth Street Bridge. Eric said this was correct. Dave also asked if $435,000 would be our share of the bridge project? Eric said that is based on the percentage of that project. Mayor Henry asked for any comments from the audience. Maureen Gulizia asked how serious it was looking for the Fifth Street Bridge, "is that pretty much a done deal?" Dave Pankonin responded that the money has been allocated and some design work has been done on it. Dave, Mayor Henry, Bob Copple, Senator Wehrbein, two of the three county commissioners and three people from the Nebraska Department of Roads met in Roger Wehrbein's office and the project is in limbo right now. Mayor Henry asked if anyone had any comments in favor or against the One and Six Year Street Plan? Lynn Smith noted that if the bridge project goes through, the bypass would be dead. Lynn felt it was not a good idea to put the bridge in. Mayor Henry asked for any other comments. No other comments. Motion by Petersen, second by Pankonin to close the public hearing on the One and Six Year Street Plan. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Motion by Manley, second by Pankonin to reconvene as City Council. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Dave Pankonin addressed the council and audience regarding the meeting on February 5, 2001 in Senator Wehrbein's office. Those attending were Dan Henry, Dave Pankonin, Bob Copple, Tom Neary of Ash Grove Cement, Cass County Commissioners Richard Stone and Lou Allgayer, John Jacobsen from the Nebraska Department of Roads and two staff members from the Nebraska Department of Roads from Lincoln and Senator Wehrbein. They went over what had transpired in Louisville since the recommendation by the old board that the Fifth Street Bridge project be done. If either the bypass or Fifth Street would go through, Ash Grove may put another entrance into the plant on the Highway 66 curve. About 85% of the raw material for Ash Grove now comes by either trucks from Weeping Water or trains and so that could be pretty significant traffic. The average would be 130 trucks per day. The other issues that were brought up were future growth if they ever get the bridge done at Plattsmouth, so people from Plattsmouth or I-29 that wanted to get to the Mahoney Exit on I-80 would be passing through this area. Tom Neary said that as long as he was plant manager, he would not route the truck traffic through town, but he said obviously that could always change. A lot of the school children live on the south side of Fifth Street and especially if there is new development in that area, as there has been with Prairie Hills, naturally parents and children would be crossing the highway to get to school. This was a concern that was brought out at the meeting. Louisville's concerns were laid out and they gave back their comments. As a result of the study that was done and the meeting at the Senior Center, the money came from Representative Doug Bereuter office. That was really not Nebraska Department of Roads. Bereuter said as part of the deal with the Plattsmouth bridge, we'll study this bypass deal and our commissioners have pushed it, but the Department of Roads people, their traffic count studies on 66 to their recommendations would put this project way behind on the bypass. They don't think there is enough traffic to justify it. As discussion continued they warmed up to the idea that there would be some possibilities. Those possibilities would be if we passed a motion to suspend the Fifth Street Project in our street plan in favor of trying to get a southern bypass, the 2.6 million that has been allocated for this project could be put on hold and could be escrowed for awhile, while the city, county, state explore the alternatives and because that is almost a $7 million project, $2.6 million from the state, and maybe $400,000 that the city has, the county doesn't have that much, we would have to get some federal help somewhere along the way. The study they did was a corridor study; it was not a specific study on the route, environmental aspects, etc. They really didn't do a design study, but that could be part of the next step. So, naturally we couldn't make any decisions. The next step would be, as part of this discussion, to pass a motion that we would want to explore the possibility of the bypass and the next step would be to talk with Bereuter's people to see what help we could get on federal. It sounded like the next federal highway bill was 2004. This would definitely put it back and if we could hold on to the $2.6 million that could be applied to the project. Obviously, we would get a good bridge out of this project and the 6th Street bridge is weak, it would take some of the traffic off the 3rd Street bridge, so we would need input on how to proceed on this. John Jacobsen made the statement that if we really wanted to do it and some of the possibilities would be some of the people would donate ground because it would have valuable frontage, (for example Elkhorn got a lot of people to donate or bought it for the new interchange there) that maybe by using some federal money, state, city and county maybe we can get this done. It is not a for sure deal, but is something we could explore and it depends on what the people of Louisville want us to do. The door is open, maybe just a little more than a crack, but it is not a for-sure thing. If we don't take action on this, they are going to do the Fifth Street bridge. Dan Henry mentioned that John Jacobson told them that once the city sends a letter, and the county commissioners have agreed to sign that letter, that we do not want the Fifth Street bridge, that project will virtually be eliminated. They will still let us use that $2.6 million. Don Harris asked how long we could hold the money. Dan said they were not definite about a time period, but that they had allocated this money to solve the traffic problem. Dave thought it would be a mutual agreement between all the entities. Dave said that another possibility would be using existing 144th Street a little further south and some of Keiser Road, in other words use some of the existing right of way, this could bring the cost of the project down. That has to be part of the design study that the Department of Roads would do. The reason why we were under the impression after we had the hearing we thought we were for the most southern bypass, why it didn't go any further was traffic count and Dave thought they were doing this to placate Representative Bereuter. He had given them the money to do the study, (the $100 and some thousand), to hire HDR to do it, and then they kind of put the thing away because of the traffic count and they didn't think we could get the money together to do it. It would be a low priority because of the traffic count. The problem with the traffic is like the chicken and the egg, which comes first. Our point was if the bypass was there and that was a good route, especially if the bridge goes through at Plattsmouth, the people would use that road more. It would be more convenient. We also said that economic development wise we think Louisville would grow down to it much easier as it would be another access point. Dan Henry noted that one of the things emphasized to us is southern bypass would be on a wants basis and not a needs basis. The State really has two ways of looking at things, one is wants and one is needs. The State is saying the Fifth Street Bridge is on a needs basis and the bypass would be on a wants basis. Wants basis projects get funding a lot less often than needs basis projects. Dan Henry asked the audience for input and it was probably nothing that needed to be decided that evening. Dan Henry asked Eric if we could leave that in and then change it? Eric said yes. Dan Henry said we are not tied to a timetable here, but they wanted to bring everyone up to speed as to what is going on. Dan is not so sure that this is something that would require some thought and consideration by the townspeople and the city council before we make any kind of hard and steadfast decisions. In Dan Henry's opinion this is a big decision. On one hand we do have the money and it has already been allocated from the State to put in the bridge. Dan asked does it solve the problem down here with the trucks, no. Does Tom Neary say he won't put in an East entrance to Ash Grove, yes, but if Tom retires he won't have any control and there would be nothing to stop Ash Grove from putting in an East entrance. It is a big decision without a doubt, we have the money in one hand and the bridge is a reality, the bypass is in the other hand and it's really probably the best case scenario, but like Dave said there is a tremendous amount of work from this point to the completion of that bypass. Rod Petersen noted the feedback he has heard from people in town is they would just as soon not have the Fifth Street bridge as opposed to not having it from a traffic standpoint. Dave Pankonin said the question would be if we did have the Fifth Street Bridge, and that is Highway 66, we would not see the bypass in any of our lifetimes. They would say if was done, you've spent your money. So we would want to take our time and explore the alternatives and keep our hands on the money in case we do need a bridge and that is our only alternative. Rod's feeling was down the road they would want a thoroughfare through here, especially with the Plattsmouth Bridge and if there is a Fifth Street bridge in place, it's there. If there is not A Fifth Street Bridge and we don't want one, they are going to have to do something like the south bypass. Attorney Johnson asked if they indicated the funding for a bridge is coming from the same source….. Dave Pankonin added that when the talked about the Fifth Street Bridge at the February 5th meeting, John Jacobson said "you mean that little creek?" The bridge is not the big deal; it's moving the railroad tracks. Attorney Johnson noted that bridges have separate funding. Dave Pankonin added that they call it the Fifth Street bridge, but it is actually the Highway 66 thoroughfare. The bridge is one component of it, but the not the big part. It is a small part of the project. You're moving railroad tracks and relocating them south, you're buying homes for the approach. Dan Henry added that the fact the Sixth Street Bridge is getting in kind of a sorry need of repair, he thought was really irrelevant to this, because like Roger Johnson said, there is other means to get that funded. Dan said he really wouldn't let that weigh on a lot of people's minds, they're going to have to do something with Sixth Street, so this would fix the Sixth Street Bridge. Greg Manley added that for the southern route they would have to get all the property owners south of town involved. Dan Henry added they were told at the meeting there are lots of other ways of funding nontraditional highway funding, the reality is it would end up being a percent from the state, a percent from the county and a percent from the city and federal. If the thoroughfare would be put through we would be spending $435,000 of the city's money. Dan added we're going to have cost and exposure on that project just like we would on the southern bypass. Don Harris said that as long as they let us hold the money for an indefinite period. Dan Henry asked if the audience wanted to add anything. Clete Petrizilka stated he would like to see some thought put into this and some time spent. He would still rather see the bypass over the Fifth Street Bridge; he is not in favor of the bridge at all. If a study could be done with the landowners that own the property along the bypass and come up with something and take our time, he would rather go with the bypass, forget the bridge and hold on to the money. Clete went on to say that regarding the Sixth Street bridge, like the attorney mentioned, if we need to replace that bridge that would not be that big of a deal, would it? Dan Henry answered that it would be expensive. Clete asked that if we don't do the Fifth Street bridge, how much time do we have left on the Sixth Street bridge before it would have to be replaced. It was noted it was the second item on the One and Six Year Project at $75,000 cost to the city. Dan felt the way to approach this was if we could get some sort of letter from the Department of Roads stating that the $2.6 million could in fact be used on the southern bypass, that would make him feel more comfortable. Maybe they would put a time frame on it and it may be unrealistic that that could happen in those time frames, so without that $2.6 million, he doesn't know that the city could come up with the funding to do the bypass. Clete added the way he understood it we were going to hang on this money and get it documented somewhere in stone so that money could not be used for anything else. Dan Henry agreed and felt that John Jacobson was sincere but he also probably cannot sign a letter like that, it would probably have to come from somebody over and above him. Dan Henry's recommendation that this point is for everyone to think it over, we know what the facts are, Dave Pankonin may be able to visit with Representative Bereuter and could also maybe pursue this with the Department of Roads and see if we could in fact get a letter guaranteeing us this money and what kind of time frame we would have to be able to get this thing completed. The county commissioners are very supportive of the southern bypass. They will do everything they can, but of course, their hands are tied, they can't tie a lot of their money up in a project just around Louisville. Dan Henry felt the bypass benefits a lot of people besides Louisville. Everyone lives in southwest Cass County; they need to get to Plattmouth to the courthouse. It would benefit a lot of people and this how you would sell this project and make it palatable to a lot of people in the county it would not just be for Louisville. Dan Henry asked if anyone else had any other questions or wanted to visit about this more. Dan asked Dave to pursue this and possibly have more information at the meeting on March 14, 2001. Dave stated the consensus seems to be since they were not hearing anything different to explore the bypass possibility. Maureen Gulizia added that she had not talked to anyone who is in favor of the bridge and the Fifth Street connection. Dan Henry wanted everyone to be sure to realize that, per John Jacobson, how we stop the Fifth Street bridge project is to draft a letter with the City Council, Mayor and County Commissioner signing it and that will virtually eliminate the thorough fare coming through town. We just want to make sure we did it because he was just as emphatic that once it is gone, it's gone. You can't come back six months to a year from now and say we can't come up with the bypass, but we still need to do something about that, then it would have to be brought up again and it would be pushed to the back. Maureen Gulizia commented that she could remember as a child the talk around town that the State would be putting in the Fifth Street Bridge and she didn't feel anyone would worry about it being pushed further back. Motion by Harris, second by Manley to remove project #M39343 from the One and Six Year plan. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Greg Manley asked Eric Obert if we can designate any of this One and Six Year Plan for maintenance of the streets. Eric noted you wouldn't need to designate, that you would report that once the year is over and just keep tabs on what you spend on maintenance. You don't really need to identify maintenance. Greg noted that last year some money was spent on rebuilding the intersections and some sunken panels. Rod Petersen asked about the $225,000 federal share on the Sixth Street Bridge and how it was arrived at. Eric replied it was some time ago. Roger Johnson also wondered if the State had some separate bridge funding as well. It was decided to have Eric do some research on the Sixth Street Bridge. 

Motion by Pankonin, second by Petersen to adopt Resolution 01-06, One & Six Year Street Plan with the omission of Project #M39343, Fifth Street bridge. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

John West addressed the council regarding a fireworks stand at Taylor Quik Pik. He would have a tent, with four or five people working and people staying overnight for security reasons. He is willing to put the fire department name on his signs for advertising. He would be willing to give a portion based on percentages of the income he makes. Discussion followed regarding the percentages and close proximity to the gas station. Diane Heard representing the Firemen's Auxiliary addressed the council regarding their fireworks stand. In the past there has only been one stand in Louisville run by the Firemen's Auxiliary because it is their one and only fundraiser and all the money stays in town for local scholarships, Santa Claus, Easter Egg Hunt, After-Prom Party, etc. and is also used to help purchase items needed for the Fire and Rescue Department. Diane stated the Firemen's Auxiliary does not bring in the $8,000 to $10,000 that Mr. West thinks he can bring in. The Auxiliary usually makes around $2,000 every year, however they are only open from mid-afternoon until 9:00 p.m. and it is run by volunteers who usually work during the day. The Auxiliary did not feel they could stand the extra expense of a tent at a different location and have always operated their stand at the Fire Station. Diane asked the board to take into consideration again that this is the only fundraiser that the Auxiliary does for the year and all of the money does go back to the community and the department. Dave Pankonin felt things have worked well in the past and is a worthy cause for the community and his opinion is to leave it the way it is. Don Harris would prefer it stay in the community. Greg Manley felt the same. Rod Petersen supports the fire department. Mr. West asked if this could be negotiable as far as the percentage the city would receive. Attorney Johnson suggested Mr. West try to work something out with the Firemen's Auxiliary. Mayor Henry asked Diane Heard if this was a possibility. Diane stated they had checked into these other options in the past and have always come back to staying on their own, but before she could say no, she would have to take the request to the members of the Auxiliary at their next meeting. Attorney Johnson had some concerns over the city receiving a percentage of the profit, he felt a donation in the form of a gift would be better and recommended the council not get involved in that type of arrangement. It could be discretionary later on but shouldn't be tied to anything up front when deciding to grant or deny a permit. Mayor Henry suggested the Auxiliary and Mr. West get together to see if there is a mutual agreement they can come to and come back to the council. 

Maureen Gulizia representing BUILD complimented Jack and Randy on the excellent job they have done this winter on the snow removal. 

BUILD is requesting that maintenance remove the holiday flags on the light poles when time permits and take them to Maureen. She will make any repairs or mending that needs to be done, clean them and store them until next year. BUILD has been looking at flags for the summer season, predominately American flags for Memorial Weekend, Labor Day and Fourth of July. Unfortunately the flags the city currently has will not work with the new brackets. What BUILD is considering doing is going with something of a more contemporary as opposed to the traditional stars and bars. Maureen had an example of what the flags will look like. They were afraid there would be some objection to hanging the traditional flag in the manner the brackets will allow. Maureen had not been able to catch Al Fuxa at the American Legion yet, but Don Harris and Maureen visited about it and feel there probably would be some objection and they don't want to offend anyone. They feel if they go with something a little more contemporary, they can step away from that and not have anyone's feelings hurt. A couple of businesses have approached Maureen and the flags the city currently has, since they can't use them on the poles, would the council be willing to allow the businesses to mount them on the front of their buildings for those weekends. Most of the buildings on Main Street already have flag brackets on them. Maureen would be willing to collect the flags from Maintenance, take them off the existing poles if they need to be, clean them up, do any repair that needs to be done on them and get them out to the business owners and collect them back at the end of the holiday. That way they can still be used if the city is willing to do that. Dan Henry asked if the new ordinance for business signs would affect this. Roger Johnson felt there was the possibility of an existing ordinance that might affect it, but it could be dealt with and would depend on where those brackets are. There are issues over height, how low the flag hangs. Maureen did not know for each individual building where the brackets were. A few years ago there was a situation where an organization had made flags and they put brackets on all the buildings, so there are brackets on the buildings now. On most of the buildings they should be high enough, on the ACE Hardware building it is not because of the awning, so they have to put their flag on a much shorter pole to bring it in closer to the building. Dan Henry felt that common sense would apply and since the flags would only be up for a couple days at a time and for the United States flag an exception could be made. Basically BUILD just wanted to see if there was any objection to going with the contemporary flags. BUILD will pay for the flags and modify them so they can be hung the same way the holiday flags were hung. There were no objections from the council. 

Lynn Smith representing the business owners had a copy of the December 13, 2000, minutes that she distributed to the council members. She had highlighted why she was there representing the business owners on Main Street. They are not saying it was a misappropriation of funds, she thought it had just slipped through the cracks. The contract is to be paid and each business is going to be levied for the Main Street improvements. There was three thousand and some dollars that Mauren and Lynn and some other had watched closely, that the business owners owe through overage. Main Street was not completed on time and as you can see they arrived at three thousand and some dollars overage. It was discussed and went by very quickly at that meeting because it was really a busy meeting. What Lynn is asking is that $3,000 they (M.E. Collins) traded with the city for equipment the city used, the business owners are not responsible for that $3,000 worth of equipment that was used by the maintenance men. That should come out of your street repair funds. What they are asking the council to do is pay M.E. Collins whatever amount, the $3,000. That $3,000 had nothing to do with our Main Street and it shouldn't because when the city hired M. E. Collins to come in and do the Main Street renovation part of that is their equipment. Lynn felt this equipment was used on other side streets in Louisville. Randy Payne verified this equipment was used on other streets. The business owners will all be levied for so many feet and they want the $3,000 taken off their special assessments. Eric Obert explained the $3,000 overage amount would not be part of the formula used to figure the special assessments. Lynn asked if the city would have gotten this equipment from another rental company, they would have had to pay a bill out of their street repair funds to pay for that equipment. Eric said this would be correct. Lynn said $3,000 is a lot money but it's a small percentage for all of us on Main Street. Lynn felt the business owners were not obliged to pay for street repairs across town. Eric stated that when the special assessments are figured that $3,000 will not come into the formula. Lynn said, so this money basically is not there. Eric said, it's there but it's the city's responsibility. Greg Manley added, that is right it would be the city's responsibility. Lynn said they didn't care where it comes from. It was asked if this was a $3,000 add on or $3,000 penalty. Dan Henry stated it was a potential penalty that was waived because of equipment rental. Don Harris asked if the penalty had been assessed instead of using equipment would this had made a difference in the special assessments to the businesses? Eric replied that no, it would come from the city side and did not change the cost of the concrete on a per foot basis. Lynn asked that they just admit somewhere in the minutes that they went over. Eric stated for the minutes: yes, they went over. Mayor Henry noted there is still a lot left to do on the Main Street project. Mayor Henry noted he tried to talk the previous board out of penalizing M. E. Collins because they would come right back and say they wanted that much rent for the use of their equipment. 

A letter was received by Dave Pankonin from Bev Dennis regarding a fee for training and completion of payroll and tax forms for the year ending December 31, 2000. Dave gave a little background on the reason for the letter. "When the new City Council and Mayor took over in December, Dan Henry had notified Bev that he intended to appoint a new city clerk at that meeting. Dave and Dan had sat down with Bev prior to the meeting knowing that in the transition no matter who came in as city clerk, there would be, like you would have in any business organization, especially at year end with tax reporting and the change in health insurance that we would need some help with the computer and getting things figured out. In that meeting Dan and Dave thought they have things figured out that Bev would spend some time doing that and the rate we agreed to was $15 per hour for those services. We thought we had something temporary worked out for the transition. Within a couple of days, Bev said she would not do this. At theDecember 13th meeting Candy McClun was appointed and as most know, between her giving notice to her previous employer and the fact that she was out of town on the band trip, she was unable to start the job until January 2, 2001. When we took a look at where we were at it was clear to get the year end activities done as far as the 414H (the retirement plan), the W-2 forms out, all of the quarterly reports and annual reports that it would be a little overwhelming. We had already talked with Data Tech (the computer software company), but we needed some hands on." With Dan's permission, Dave called Bev and said we wanted some help for a few hours to come in and help Candy and obviously get these year end reports done. From that point, basically Bev and Candy worked together on some things and Bev detailed this out in her letter. Dave was surprised to get a bill, although the hours were fair at 30 hours, the bill was for $25 per hour. The total bill is $750. Dave called Bev to discuss the original rate with her, and he thought she would be agreeable to that. Dave felt it was important to get the tax and year-end reports out. Dave said because of the date of the transition and the gap of three weeks, we were under the gun to get something done. Dan Henry added that Bev had back vacation pay coming that we had no way of verifying whatsoever, but, Bev was paid for those hours she said she had coming, which amounted to 115 hours. Randy Payne asked "how there could not be a record of that, as there was a record of his vacation time everytime and every other employee's?" Dave replied she had records. Dan said he had no way to verify as he wasn't there to see when she had worked and not taken vacation so there was no way to verify those records were correct. Dan Henry wanted to make it clear that Bev was paid the back vacation she said she had coming. Dan asked Dave Pankonin if he thought $15 per hour would be satisfactory. Attorney Johnson asked if this would be on an independent contractor basis or if there would be matching FICA? Dan Henry said this would be a consultant basis with no matching FICA. Dave Pankonin noted that they have retained Data Tech and paid them a considerable amount of money to get Candy trained on the software and to also try to simplify the chart of accounts which was very extensive. There has also been a meeting with the auditor about that, so we've had to pay some money for consulting, like you would have to in almost any organization where you've had this type of change. Dan Henry's opinion was that Bev had done thirty hours worth of work and Candy McClun agreed with Dan Henry. Dan said "without a doubt, Bev helped us take care of some things that needed to be taken care of in a short period of time." Dan did question that originally they had talked about $15 per hour, but at that time, in all fairness, she was going to still be an employee of the city for an additional six weeks and would still be paying FICA, retirement, etc, so to keep that in the back of their minds when considering the bill that she would still be an employee and we would have other expenses besides the $15 per hour. Dan Henry felt she should be compensated for her time. Greg Manley said "$25 per hour - I know what benefits cost per hourly wage and $10 per hour over your regular wage is not that." Greg felt $20 per hour would be better. Rod Petersen said since nothing was set in stone as to what was agreed to be paid, she should be paid for the work done. Dan Henry felt that $25 per hour is too much, but not if that person is helping you get specific things taken care. Dave asked what we are paying Data Tech per hour? Data Tech is paid on a per day basis no matter how many hours they are there and is probably more than $25 per hour but you get more there because you have support. Don Harris felt she was the best suited for the job in this situation. Dan said there was things that needed taken care of that only she know how to take care of. Motion by Harris, second by Petersen to pay Bev Dennis $750 for consulting work done. Roll call vote: Pankonin, aye; Harris, aye; Manley, nay; Petersen, aye. Motion carried. 

Eric Obert reported that Layne Western had pulled in with some of their equipment on February 14, 2001 to start drilling the new well. They are expected to start drilling on Monday, February 19, 2001. Eric stated the important thing right now is getting the water analysis off to the lab because that is where the time span is, on the chemical analysis. Eric had blueprints for the Phase II plan of the project which he shared with the council and audience members. Eric explained the new well will have a separate building and showed where it will be in relation to the existing wells. Eric stated the project does include abandoning a well, but doesn't include taking the building out. Eric showed where the electrical and controls will be located and shared information regarding pump size. Eric stated he had a meeting with the State on Friday, February 16, 2001, to go over questions they might have and hopes to advertise for bids next week. There was some discussion regarding venting, floor trap and stand-by power. Eric also had a letter from Brad Harris at Layne-Western that detailed the proposal for the new pump. The price to furnish and install the pump is $8,985.00 and Eric will present a change order for this at the next meeting. Eric felt the well would be operational in May. 

Eric presented the drawings for the Prairie Hills Street District. The paving has been reduced to 25', the 3' was taken off the West side and the alignment was left as is. The plans do include all sanitary down to Walnut Street, all storm sewer down to Mill Creek, as well as the 10" water main across Mill Creek to Walnut Street. The water main stops at Walnut Street; there will be a hydrant there for blow-off. The plan is to do a directional bore underneath the creek for the water main. Ed Elseman expressed concern over the location of a large Oak tree he has in his yard and if it will have to be moved. After checking the blueprints it was decided the tree would not have to be moved. Ed was also concerned about how the sewer line would come out of his property. Eric is planning to get together with Ed regarding his sewer and the best way to connect him to the sewer. Eric would like to start advertising for bids in another month. Eric estimated it would take three weeks to get bids, by the time you go through the contract process it would probably be May or June before work could begin. Eric recommended no action be taken at this time, and that the council and residents should have an opportunity to look the plans over before approval. 

Michelle Nickolson represented the Jaycees and discussed plans for Louisville Daz. The event is scheduled for Memorial Weekend again. The Jaycees are asking to have Third Street to the alley shut down all day and Main Street to the City Office shut down all day. 
They have had a lot of requests for bed races this year and would like to have Fifth Street to Second Street on Main shut down for the bed race and then reopen. The parade will line up on Cherry Street around to First Street; the parade route will be Main Street to Third and back up to the school. The only streets closed for the day would be Third Street to the alley and Main Street to the City Office. The street will reopen after the carnival closes. There was some concern noted on the closing of Main Street at Fifth for the bed race since it is part of Highway 66. The bed race will start at 9:00 a.m. with the parade at 10:00. Mayor Henry will visit with the Sheriff's Department and see if something can be worked out on closing the street. 

Motion by Manley, second Petersen to introduce Ordinance 701. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Motion by Pankonin, second by Harris to waive the required three readings of Ordinance 701 and adopt Ordinance 701 pertaining to compensation paid to appointive officials and other employees for the fiscal year October 1, 2000 through September 30, 2001 and to provide for the effective date thereof. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Attorney Johnson asked the council to review an ordinance he has prepared that would provide for wage increases by motion instead of by ordinance. The council will review it and discuss it at a later date.

Motion by Pankonin, second by Manley to introduce Ordinance 702. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Motion by Petersen, second by Manley to waive the required three readings of Ordinance 702 and adopt Ordinance 702 relating to the parks and recreation board; appointment of members, organization, and duties; to repeal all ordinances in conflicts; and to provide for an effective date. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Motion by Petersen, second by Manley to introduce Ordinance 703. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Motion by Manley, second by Harris to waive the required three readings of Ordinance 703 and adopt Ordinance 703 relating to regulate the use of lighted signs and limit the use of animated signs in that part of the city zoned as business district; to repeal all ordinances in conflict; and to provide an effective date. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Motion by Petersen, second by Pankonin to introduce Ordinance 704. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Motion by Manley, second by Petersen to waive the required three readings of Ordinance 704 and adopt Ordinance 704 related to the issuance of building permits prior to commencing construction; to repeal all ordinances in conflict; and to provide an effective date. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Attorney Johnson also had copies of two ordinances he would like the council to review regarding the change in the nature of government and selection of duties. He would like to get these ordinances in place since the form of government is mayor and council now. Greg Manley also noted the next election should be at large instead of by wards. Dan Henry noted that Mark Leibman would be contacting Attorney Johnson regarding the process that needs to be completed to achieve this. 

Motion by Pankonin, second by Manley to adopt Resolution 01-07, Rehab 99 HOU 604, Drawdown #11 for $11,316. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried.

Motion by Petersen, second by Manley to adopt Resolution 01-08, Rollover Warrants, Main Street District 98-1, #9 for $4.257.78 and #10 for $42.57, Prairie Hills District 99-1, #3 for $5,634.50 and #4 for $56.34. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Mayor Henry stated that after visiting with John Trecek, Bond Counsel for Ameritas, it was suggested the warrants continue to rollover until after the special assessments have been done. After the special assessments, the remainder of the Main Street project will be the city's obligation to pay. Options are cash or bond and the bond would have to be general obligation. After we have the firm figure on special assessments, we will know what the city's indebtedness is on Main Street. At that time, a decision will be made regarding how much will be taken out of CD's, the water department, the sewer department and street department to pay the warrants down before the project is bonded or if we want to bond all of the debt and hang on to the cash until Prairie Hills is finished. Right now, the bond money is going down and will continue to go down for awhile. The money at the bank is at favorable interest rates and right now is in the neighborhood of 2% over what bond would be. Mayor Henry suggested that after the firm figure on special assessments is received, it be bonded. His reason for this is as these warrants rollover they go from 4.75% to 8%. The sooner it can be rolled into a general obligation bond, the better off we are. If we hang on to the cash we can always pay the bond down. The bonded indebtedness of the city is now $1.4 million and does not take into account any of the warrants written on Main Street, it does not take into account the bond anticipation note for the well. There is other debt besides this debt. Right now the assessed valuation is at $28,292,186. Right now the net bond to debt ratio is 2.1465%. The bond counsel has advised us that it is critical that does not reach 5% or greater. Attorney Johnson stated "one thing in regard to bonding and budget and lids on the levy that you have to watch for is you've got your lid on the levy, so you have some limitations on the money you can raise. One of the things that does not count toward that lid is the levy to cover bonded indebtedness." This should be double-checked with the city auditor, but Johnson was 99% sure this is the case. So there is a little bit of a safety factor if you keep some of that bonded indebtedness out there, you don't push yourself up to that lid, the cap and if you need more you can't get it. If you've spent cash, you're stuck, because you can't do anything else. Dave Pankonin stated that warrants are short-term debt that rolls into the bond at long term. Dan Henry recommended that the city no longer use warrants, get firm figures on what you're doing, use bond anticipation notes, which is basically the same thing only you borrow the money up front, when the bills come in you pay them, you can invest the money you are borrowing at a better rate. Attorney Johnson briefly described the process for special assessments. 


Mayor Henry nominated Cindy Osterloh, Linda Behrns and Maureen Gulizia to serve on the Parks and Recreation Committee, with Don Harris as the council representative. Motion by Pankonin, second by Petersen to accept these nominations for the Parks & Recreation Committee. Ayes: Harris, Manley, Pankonin and Petersen. Nays: None. Motion carried. 

Greg Manley advised that Wayne Chriswisser has decided against putting a propane tank at his shop in town and asked the item be permanently removed from the agenda. 

Attorney Johnson will be reviewing the contract with Cass County Sheriff's office. The sheriff's office has not been paid for their services since April, 2000. This amounts to $33,745.60 that has not been paid. The attorney will review the contract so the mayor can sign it and get back on track for making payments. At that time, the mayor will negotiate with the sheriff's office on the outstanding bill. Greg Manley felt the reason the former contract was not signed was due to the dog issue. The former board wanted the sheriff's office to take care of the animals running at large in town. Attorney Johnson said the proposed contract he received specifically excludes enforcement of animal ordinances. That is an area he has questions on and he would like to visit with the sheriff about it. They will not agree to be dogcatchers, but he wants to make sure he will deal with the dangerous dogs. Rod Petersen felt the sheriff's office should be serving citations for animal violations as this is one of the big complaint areas - barking dogs and strays. Attorney Johnson said barking dogs do not matter and he will not try a case in Cass County again for a barking dog. Greg Manley asked "can the owner be cited, whether the city could collect or not, no big deal, but it would make the owner aware that there are complaints." Mayor Henry stated the dog issue is a humane issue that is outside of the sheriff's jurisdiction. If there is a noise problem, they should be willing to serve citations. The clerk in Cedar Creek states that when they have a citation for a barking dog or dog running at large, she fills out the citation and notifies the sheriff's office. A deputy picks up the citation from the clerk and serves it. Regardless, the city took it upon themselves to quit paying the contract and it needs to be resolved. Mayor Henry noted we would not want to get in the position of administering our own police force, so county protection is the alternative. The council will review the contract after Attorney Johnson has a chance to look at it. 

Motion by Pankonin, second by Petersen to accept the City Audit report and file it with the State Auditor. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. It was discussed to have the auditor help when the budget needs to be done again. 

Motion by Manley, second by Harris to send Clete Petrzilka from the Planning Commission to the Nebraska Planning and Zoning Association Conference on March 29 and 30, 2001 at a cost of $65. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried. Scholarship will be applied for. 

Greg Manley reported there would be three individuals from the Fire Department attending the EMS Conference in Columbus in March and would like to take the registration fee with them when they go. Wayne and Teresa Chriswisser and Karen Schliefert will be attending. Registration is $120 per person. Greg Manley will have the Fire Department get the registration form to the clerk. Motion by Manley, second by Pankonin to send three from the Fire Department to the EMS Conference in Columbus and to pay the registration fee of $120 per person in advance. Roll call: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried.

Larry Wittrock reported for People's Service. On February 22, 2001, there will be a fluoride school in Norfolk that he will be going to. Jack Faubion will also be attending this school. 

Randy Payne reported Maintenance had swept Main Street due to sand build-up. A lot of time has been spent pushing snow and there have been some repairs on equipment. Randy would encourage council members to ride along with Maintenance during snow removal to see what they are up against with parked vehicles on the street and residents cleaning their driveways out and throwing it on the street. Mayor Henry stated he preferred to have Maintenance pushing snow during the nighttime hours so they would not have to deal with other vehicles on the street and residents clearing their driveways into the street. Maintenance does try to accommodate those who have already cleared the end of their driveway. 

Mayor Henry attended the Care Center meeting on Tuesday, February 13, 2001. For the second year in a row, the Care Center is deficiency free on their state inspection, which is almost non-existent. A nursing home in Millard had 43 separate violations. 

Motion by Petersen, second by Manley to adjourn at 9:50 p.m. Ayes: Harris, Manley, Pankonin and Petersen. 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 that 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 the City Hall.

Candace J. McClun
Clerk/Treasurer


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