CITY COUNCIL
Meeting Minutes

A regular meeting of the City Council of the City of Louisville was held on Wednesday, March 13, 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 was City attorney, Roger Johnson.

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. 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: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried.

Scott Walters, candidate for Cass County Sheriff introduced himself and gave a brief overview of his campaign. Mayor Henry asked if Scott were elected sheriff, would he continue the contracts with communities for law enforcement. Scott felt this is a favorable way to provide protection for small towns, however he feels he can do it in a more efficient manner. He would like to start a reserve deputy program at no cost to citizens. This creates high visibility, which in turn reduces the crime rate. 

Motion by Pankonin, second by Manley to approve Resolution 02-06, CDBG Drawdown #4, Water Supply Study for $2,591. Roll call vote: Manley, aye; Petersen, aye; Harris, aye; Pankonin, aye. Motion carried.

Motion by Harris, second by Pankonin to introduce by title only and suspend the three required statutory readings of Ordinance #721, Definition of City & City Offices. Aye: Harris, Manley, Pankonin and Petersen. Motion carried. Motion by Manley, second by Petersen to adopt Ordinance #721. Ayes: Harris, Manley, Pankonin and Petersen. Motion carried.

The Haynie property at 416 Main Street was discussed. There are no longer any outstanding liens on the property. A certified letter was sent to the Haynie's asking them to confirm in writing their request of September 16, 2000, to have the city demolish the building by any means practicable, including a Fire Department practice burn. The Haynie's were asked to respond by March 8, 2002 to confirm their prior request. No response has been received from the Haynie's. Roger Johnson felt there was no reason to not begin the process to obtain the proper permits to burn the structure. It appears the red tag from the State Fire Marshall's office is missing from the door. No building permit has been applied for to make any changes necessary. Rod Petersen felt this has gone on long enough and it was time to get things taken care of. Don Harris felt that since the Haynie's had made no effort to contact City Hall, the City should proceed with plans to demolish the building. Motion by Petersen, second by Harris to send another certified letter to the Haynie's notifying them of the City's intentions and to start the application process with the State Fire Marshall. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

A deputy from the Sheriff's office gave the Sheriff's report. For the month of February there were 196 hours patrolled, 38 calls for service answered, 16 citations issued and 8 warnings issued. The deputy explained the new report format, which breaks down citations by type. Mayor Henry asked about the numerous citations written for the stop sign at 2nd & Elm. The deputy stated there was an individual that had complained that people were rolling through the stop sign. Most of the citations written were local people. Mayor Henry asked why some were issued warnings and other were written a citation. The deputy stated a lot depends on the officer; that some officers will not issue a warning and the way the stop sign was run. Mayor Henry also asked about deputies running radar on Highway 50 after dark with no lights on and if this would present a safety issue. The deputy said there is no law that says they have to have any lights on. They have been instructed that if they are going to run stationary radar on the highway, they need to be as far off on the shoulder as possible. Dogs running loose were discussed with the deputy. A complaint was received on a residence outside of the city limits that has five dogs that are running loose all the time. The City can do nothing about this problem if it is outside the City limits. The deputy stated that if anyone can capture a dog running at large in their yard and call the Sheriff's office, they can see the dog is running loose and if the owner can be identified a citation can be written to the owner. Individuals outside the City limits will have to rely on state statutes regarding animals. State statutes only cover mean and aggressive animals. The individual must also be willing to swear out a complaint against the owner of the dog. 

Matt Hrabik representing the 30-year class asked the council to approve a special Designated Liquor Permit for their reunion on May 24, 2002, at the Senior Citizen Center. The times will be from 6:00 p.m. until l:00 a.m. on the 24th. An application will need to be completed. Motion by Manley, second by Pankonin to approve the Special Designated Liquor Permit for the 30-year class. Ayes: Manley, Pankonin and Petersen. Nays: Harris. Motion carried.

The Louisville Jay Cees have asked to close Main Street for Louisville Daz on May 25th. They are asking to close Main Street from 3rd Street to the fire station from 7:00 a.m. until 1:00 a.m. on the 26th. Businesses on Main Street were polled regarding the closing of the street. Williams Construction and Cornhusker Country Music Theater were unable to be reached. All were in favor with the exception of Louisville Public Library. Jeff's Jack and Jill and Coop DeVille agreed with reservations. Motion by Manley, second by Petersen to approve the closing of Main Street for the Louisville Daz Celebration. Ayes: Manley, Pankonin and Petersen. Nays: Harris. Motion carried. 

The Jay Cees have also requested approval for a Special Designated Liquor Permit for a beer garden during Louisville Daz. Hours would be from 1:00 p.m. to l:00 a.m. and would be located in front of Home State Bank and City Hall. Don Harris and Dave Pankonin spoke in opposition to the beer garden. Motion by Harris, second by Pankonin to deny the Jay Cees request for approval of a Special Designated Liquor Permit for Louisville Daz. Ayes: Harris, Pankonin and Petersen. Nays: Manley. Motion carried. 

A request was received from SENDD to release a mortgage on a rehab project where the property has been sold. The balance left on the promissory note is placed back into a reuse fund. The City is being asked to waive a portion of the amount due. Discussion followed on how the program works and what happens with the reuse funds. Motion by Pankonin, second by Harris to approve the release of lien on 99-LOU-015, CDBG rehab project. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Roger Johnson discussed his ideas on an economic development plan. Roger felt there were a lot of sources the advisory committee could take advantage of. The plan JEO had suggested was very comprehensive and very costly. Roger felt that perhaps the plan didn't need to be that comprehensive but a more basic plan written so that it can be on the November ballot. Having the economic plan affects the way you can go about doing economic development. By writing the plan using LB840 the City can actually use some of the sales tax funds to acquire real estate and have an industrial development site. The City would install utilities and then sell the ground to companies that are interested in locating here that meet the requirements of the plan. The City would have to have an economic development plan and run it through an election in order to accomplish this. Mayor Henry added that what he would like to see is to set aside a percentage of the revenue from sales tax towards economic development. This would not mean a new tax, but a reallocation of the current sales tax the City is collecting. There are no imminent domain powers than can be used by the City in this instance. Discussion followed on the different ways an economic development plan can be used. LB840 also allows for the City to purchase ground for economic development that is outside the city limits. Roger Johnson suggested the City renegotiate with JEO for a more basic economic plan so that it can be placed on the November election. The current sales tax is for public improvements allocated to the street fund for infrastructure and economic development but no percentages were provided for. The economic development plan will designate a percentage of the sales tax be allocated for economic development. It will also set maximums. The process of implementing a plan would be to put a plan together; the council would review it and pass a resolution to present it to the public on a ballot at an election. If it passes in the election the City Council would adopt ordinances to put the plan in place. Dave Pankonin asked if a certain piece of property came available and the City only had half the funds for example to buy the property, who would make the decision to buy the property, the council or a vote of the public. Roger Johnson said it would be the Council's decision. The City would have to establish certain committees to review and report to the Council on the activities involving the economic development plan. Roger is working on getting the DED site review team to come out and look at different locations that might work for development. Motion by Harris, second by Pankonin to have Roger Johnson and JEO give the City a bid to write a more modified economic development plan. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Eric Obert from JEO discussed the Nebraska Health & Human Services response on the Corrosion Control Study. The State had some questions on water quality. Eric has sent a letter in response to the State answering their questions. One of the questions asked was the whether the City could have just one pump. Eric feels that since the City has two wells, one of which is on a VFD, having two pumps would be the better option. Having just one pump would require the installation of three manholes, one would be a flow meter manhole, one would be for phosphate injection and another would be for chlorine. Eric feels that a pump can be purchased for $750 and it would be better to install two pumps from a cost standpoint. Eric expects to hear back from the State in approximately 30 days. Once the construction permit is approved, Eric can start on the actual plans. The City has until April, 2003, to get the system started. Eric felt it would be better to start this type of system up in the spring rather than the fall due to the tremendous amount of flushing. The public would need to be educated as to what is going to happen when this system is started. Roger Johnson asked if Eric had any indication that the EPA would again change the regs regarding copper. Eric felt the EPA would now start to focus on radon and arsenic. There were some cities that did not comply with the administrative order and did not do the study. These cities have been fined an automatic $5,000 from the State and will face further fines in the future.

The engineering modifications in Prairie Hills were discussed. When the project was started in 1999, the plan was to pave at 28' width, storm sewer down through Hawthorne Lane, Sanitary and some water. There were some items that were changed or added, the main item being the paving width from 28' to 25'. The decision was made to go with 25' which; caused several alterations in the original plans. The cost to re-engineer this paving width is $4,840. The storm sewer extension on Hawthorne Lane added $5,237 in additional engineering costs. The paving of the remainder of Hawthorne Lane added $772 in additional engineering costs. The prior council made the decisions on the storm sewer and reduction of paving width. Eric presented a letter, which addressed each of these items for a total increase in engineering costs of $10,849 for consideration for payment. The homeowners will be assessed on the reduction of paving width engineering costs. Storm sewer and 75% of paving costs on Hawthorne Lane will be general obligation. Motion by Manley, second by Pankonin to approve the $10,849 in additional engineering costs on Prairie Hills. Roll call vote: Harris, aye; Pankonin, aye; Petersen, aye; Manley, aye. Motion carried.

Change order #1 was presented for Roloff Construction on the Prairie Hills project. This change order was for $29,891.27 for the paving of Hawthorne Lane, storm sewer inlets work, 10" water line to the East and changing the paving depth from 6" to 7" on Hawthorne Lane. Motion by Pankonin, second by Harris to approve Change Order #1 for $29,891.27 for Roloff Construction. Roll call vote: Pankonin, aye; Harris, aye; Manley, abstain; Petersen, aye. Motion carried. 

Application for final pay request, including the change order on Prairie Hills for $145,852.44 was presented for consideration of payment. Motion by Petersen, second by Harris to make final payment of $145,852.44 to Roloff Construction. Roll call vote: Manley, abstain; Petersen, aye; Pankonin, aye; Harris, aye. Motion carried.

Eric discussed the Recommendation of Acceptance of completion of the Prairie Hills project. This would also begin the warranty period of one year. Motion by Pankonin, second by Petersen to approve the Recommendation of Acceptance and start the warranty period on Prairie Hills. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried.

Eric discussed the assessments to property owners in Prairie Hills. Originally $60 to $65 per foot was estimated to be the assessment, but the final figures are coming in at around $42.79. Some final adjustments will need to be made to allow for the change orders approved. Driveways are not assessable; they must be general obligation debt. The total City cost is estimated at $521,794.54. Total project cost was $731,214.62; total assessments are at $209,420.08. A public hearing date will need to be set by resolution to allow for the five weeks of publication. It was discussed that May 8, 2002 would be set for a hearing date to allow for the five weeks of publication and notice by certified mail to each property owner. Motion by Manley, second by Harris to approve Resolution 02-05, setting a public hearing date of May 8, 2002 for the special assessments in Prairie Hills. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

M.E. Collins has been contacted regarding the warranty repairs on Main Street. They plan to be here sometime this spring. 

The State has approved the plans for replacement of the Sanitary Sewer Outfall Replacement. Eric anticipates the City will negotiate for a contract with contractors and not go through a formal advertisement process. 

Change Order #2 on Phase I on the Water Supply Well for $2,260, which included abandoning Well No. 1 and installing an air release valve. Motion by Pankonin, second by Manley to approve Change Order #2 for $2,260. Roll call vote: Harris, aye; Pankonin, aye; Petersen, aye; Manley, aye. Motion carried. Motion by Petersen, second by Pankonin to approve the Final Pay Request on Phase I to Layne-Western on the Water Supply Well for $4,537.30 which includes Change Order #2. Roll call vote: Manley, aye; Pankonin, aye; Harris, aye; Petersen, aye. Motion carried. Motion by Pankonin, second by Manley to approve Final Acceptance and start the one-year warranty on Phase I Water Supply Well. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Eric discussed Change Order #1 on Phase II Water Supply Well for $6,556.80. This change order was for a switch gear for the generator, line stop, master level controls, metering pump, corporation stop for fluoride pump and underground piping modifications. The major expense was the line stop for $3,547.80, which was needed since the gate valves would not work due to poor maintenance in the past. Eric felt the line stop was a better alternative to draining the water tower twice to get the well on line. Motion by Pankonin, second by Harris to approve Change Order #1 for $6,556.80. Roll call vote: Manley, aye; Petersen, aye; Harris, aye; Pankonin, aye. Motion carried. Motion by Manley, second by Pankonin to approve Final Pay Application to Layne-Western for $13,583.80, which includes Change Order #1. Roll call vote: Manley, aye; Harris, aye; Petersen, aye; Pankonin, aye. Motion carried. Motion by Manley, second by Petersen to approve Recommendation of Acceptance of Phase II Water Supply Well for start the warranty period. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Mayor Henry asked Greg Manley and Dave Pankonin to get together with Eric and City Maintenance to review streets that need patching or repairs. 

Eric is continuing to work on the Water Study. He will need to meet with the engineers at Nebraska Game and Parks regarding a possible well site and he will also need to meet with an engineer from HDR that is doing a Platte River Corridor Study. Eric will want to meet with the council before having a public meeting when the Water Study is completed. Mayor Henry reminded everyone that we do need to be back to the State in sixteen months with a long-range plan. Mayor Henry stressed that Louisville will not want to be a buyer of water in the future. Highway 50 going to four lanes in the future will also need to be considered. 

Jerry McClun gave the report for the Fire Department. Breathing air tanks have been re-certified and are good now for five years. The North wall on the Fire Station has never had sealant applied and leaks when it rains. The sealant was purchased some time ago. Maintenance will start applying the sealant inside and out as soon as time permits. Jerry recommended the City look in to acquiring a diesel fuel tank. The new squad runs on diesel and the new rural truck will also be diesel. Diesel fuel cannot be purchased in Louisville. Jack Faubion will check in to Elmwood Co-op and Sapps. Bob Copple suggested the City check with Trans Wood Trucking at Ash Grove. Bob is able to purchase diesel from them using a special credit card on a 24-hour a day basis. Steve Bertram is the contact at Trans Wood. Jack Faubion will also check with Trans Wood. 

Jack Faubion gave the Maintenance Report. Equipment repairs on being completed and snow removal as necessary. Main Street will be swept on Friday, March 15th. 

Larry Wittorck gave the People's Service report. Paddles for the aeration rotors have been received. The center shaft has been working good. Twenty-seven water shut-off notices for unpaid bills were delivered. All have paid or made arrangements for payment at City Hall. Mayor Henry has advised Cheryl Knutson that from now on once a water bill goes past the deposit amount on nonpayment, the water will be shut off. The flow meter for the sewer plant may need to be re-calibrated. 

The Care Center report was reviewed. Concern was expressed over the 84% occupancy rate. It is unsure if there is still a waiting list for residents and they can only occupy beds that they have staff for. The administrator will be asked to attend the next City Council meeting to discuss this matter.

There were no reports from the Library, Senior Center, MAC Committee or Jay Cees. 

Motion by Pankonin, second by Manley to adjourn at 9:15 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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