CITY COUNCIL

July 11, 2001

LOUISVILLE, NE


A regular meeting of the City Council of the City of Louisville was held on Wednesday, July 11, 2001, at 7:00 p.m. at the City Hall. Present was Mayor Henry, Council Members: Don Harris, Dave Pankonin, Rod Petersen and Greg Manley. Also present was 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 a 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: Petersen, aye; Manley, aye; Harris, aye; Pankonin, aye. Motion carried.

A letter of complaint was received from Chuck Zyla regarding weeds in the garden of his neighbor, Sam Pfeifer. Mr. Zyla was not present at the meeting, but Mr. Pfeifer was present. A picture of the garden in question was taken by City Maintenance and shown to the council. Mr. Pfeifer stated he did not know if this was more of a relationship problem with the neighbor or a grievance itself. The weeds have been taken care of since the complaint was made and he added the property to the north of Mr. Pfiefer's is three times as tall as the weeds that were in Mr. Pfeifer's garden and there have been no complaints about those. He added they had been in and out of the hospital with their two children the last two weeks and had not had an opportunity to mow and weed the garden. The Mayor thanked Mr. Pfeifer for taking care of the problem and he felt the matter was solved. 

Ordinance #708 for the Fixed-Price Gas Option Proposed by People's Natural Gas was discussed. Roger Johnson recommended tabling any action on this ordinance until further information regarding this service can be obtained. The City of Wayne, Nebraska, has also requested no action be taken on this ordinance until the Rate Area III Committee has completed its review and approval of the Fixed Rate proposal. Their proposed deadline for the review if July 15th. Motion by Manley, second by Pankonin to table Ordinance #708, Fixed-Price Gas Option Proposed by People's Natural Gas. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Roger Johnson presented a sample Ordinance Fine Waiver Schedule for Ordinance #709. Roger asked the council to review these fine waiver fees prior to adopting the Ordinance. Roger would like to go through them again and double check to make sure these apply to the City of Louisville. The dollar amounts are rather arbitrary and subject to change. Any violation on the waiver schedule puts the person in a position to go in and pay the citation without going before a judge. They would just plead guilty on paper and pay the fines, plus costs. These are citations the Cass County Sheriff's office would be writing. If the ticket were written under a City ordinance these fines would apply, if written under a state statute there would be a difference. The deputy present at the meeting stated it was their understanding that fines are paid at the City Hall as opposed to Plattsmouth if it was a City ordinance violation. The deputy stated that specifically parking violations were paid at City Hall. The City of Eagle has adopted a new fine waiver schedule and there are a number of violations on there, such as loitering, curfew, etc that are being taken care of the City Clerk's office. The deputy commented that these fine waiver schedules are great to have, so they don't have to stop and look up an ordinance every time they need to write a citation. Motion by Petersen, second by Manley to table Ordinance #709 Citation Fee Waiver Schedule. Ayes: Harris, Manley, Pankonin and Petersen. Nays: None. Motion carried. 

Discussion followed on Resolution 01-22 regarding speed limits on Highway 50. Roger Johnson had some concern over whether an ordinance or resolution was needed. The State Department of Roads had asked for an ordinance. Roger's question was just where the city limits extended to, since the City could not pass an ordinance to regulate speed on a portion of state highway that is not in the city limits. After further discussion and review of the most current map prepared by JEO, it was decided that portion of the highway in question was now within the city's corporate limits. Further discussion followed on the area by the school and other areas that have not been annexed by the City. Greg Manley felt the City should look into annexing the properties that had been passed over in the past. No action was taken on Resolution 01-22. An Ordinance will be prepared for the next council meeting. 

The residence at 420 Walnut Street was discussed in regards to nuisance violation for overgrown weeds and an abandoned vehicle. Condemnation procedures were also discussed. Pictures taken of the property by City Maintenance were shown to the council. A first notice of nuisance can be sent to the property owner with follow up for abatement proceedings if no steps are taken to clean up the area. Motion by Petersen, second by Manley to send first notice of nuisance to property owner of 420 Walnut Street. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

The rescue agreement with Cedar Creek was discussed. Roger Johnson noted that 14 of the 112 calls were to Cedar Creek, which is 12 %. Roger felt this would be a negotiating issue in terms of defining what would be a fair amount. It was noted that operating expenses for the squad runs at about $4,500 per quarter. Roger Johnson added that you can consider the cost of the second squad purchased at $18,000, if the actual cost is paid by the whoever is transported, then the cost of the squad should be considered along with the number of years a squad will last. Roger felt it was probably more expensive to transport than what is currently being charged and if that is the case the City is not recouping funds from payments for transport. If the taxpayer is picking up the balance of the operating expense, the income is considerably less than the expenses. The squad is running in a negative every year with a loss of approximately $6,000 per year. Actual expense would be about $18,000 per year, minus the reimbursement from paid transports. The squad shows a difference of about $6,000 for the first two quarters between expenses and amount collected. This amount at 12% would be $720 for six months or $1,440 or about $1,500 to cover the cost of actual costs. The additional cost of the new ambulance can be factored in at $18,000 over the course of five years. Greg Manley noted that usually after 8 years the squad needs to be replaced because they are outdated and the State will not certify them after 10 years. Gary Sickmann noted the new squad purchased in 1995 cost about $84,000 by the time it was put on the road. They figure maximum life expectancy of ten years, which would be $8,400 at 12 %, is $1,050. It was decided the City should request $3,500 from Cedar Creek. Gary Sickmann felt it was a good idea to request this amount. The City does receive $5,000 per year from the County for assistance for vehicle replacement. Motion by Petersen, second by Manley to return the agreement to Cedar Creek and make a counter offer of $3,500. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

The telephone service line at the fire station for Cedar Creek pagers was discussed. It appears that line is also being used to activate the civil defense siren for tornadoes in Louisville. The Fire Department would like to check into going to high band activation so the phone line could be taken out. Gary Sickmann felt everything would need to be converted to high band anyway. The paging system for fire and rescue calls is already on high band. Jack Faubion added that in April when the siren was tested they had tried to activate it on the high band and it wasn't working. The cost of this phone line is running $60 per month. Greg Manley and Jerry McClun will look into what it would cost to operate the civil defense siren on high band versus the cost of the phone line.

Eric Obert of JEO was not present for an update on Well #3 and Prairie Hills. 

Dave Pankonin left the meeting at this time. Maintenance tractor bids were opened and read. Bids were received from Stubbendick Implement in Syracuse, Old Mill Lawn and Leisure in Omaha, Stutheit Implement in Syracuse, Cass County Implement in Plattsmouth and Pankonin, Inc. in Lousiville. The bids were as follows: 

Stubbendick: Tractor w/Loader $21,955
Rear Blade 1,340
Finishing/Grooming Mower 1,771

Total Bid: $25,066

Old Mill Tractor w/Loader $22,199
Rear Blade 749
Finishing/Grooming Mower 1,665

Total Bid: $24,613

Stutheit: Tractor w/Loader $22,199
Rear Blade 1,225
Finishing/Grooming Mower 1,682

All or None Bid Total: $25,026

Cass County Tractor w/Loader $22,465
Rear Blade 1,555
Finishing/Grooming Mower 1,860

Total Bid: $25,880

Pankonins Tractor w/Loader $20,785
Rear Blade 1,720
Finishing/Grooming Mower 1,615

Total Bid: $24,120

Bids will be reviewed by council members for compliance with specs. Motion by Petersen, second by Manley to take bids under advisement and award bid at July 25, 2001, meeting. Ayes: Harris, Manley and Petersen. Nays: none. Absent: Pankonin. Motion carried. Dave Pankonin re-entered the meeting after the tractor bids were addressed.

Cass County Sheriff's office gave their monthly report. There was 192.22 hours patrolled the month of June with 51 calls for service, 21 tickets issued not including the loitering and parking citations issued this past weekend. There have been only two violations for the 15-minute parking stalls. The deputy noted there had been more feedback from the citations issued for loitering than for parking. Another citation for loitering was issued during the afternoon of July 11th for an individual sitting on top of the book drop. The individual was asked to move by the deputy and refused so the ticket was issued. This would be a city ordinance violation for loitering. Comments have been made that the loitering situation at the Library has decreased. Deputies have been sitting at this location more which forces the individuals to move on. Don Harris asked about the recent vandalism to mail and paper boxes in town during the past weekend. The deputy responded that the case is now considered closed, it has been solved and a local adult is a suspect. It has been turned over to the county attorney to be reviewed for felony or misdemeanor charges. There could be several misdemeanor charges because it is hard to get a mailbox up to $300. All reports for mailbox vandalism are forwarded to the U.S. Postal service for federal charges, but are very seldom picked up by the postal service. Mayor Henry complimented the Sheriff's department on the fine job they have been doing. 

Larry Wittrock gave the People's Service report. The sewer line on Depot Street is complete and the sewer line is hooked up to the remaining house on a gravity sewer line. The septic and laterals still need to be removed. Ron Stohlmann will be taking care of the septic and the manhole changes that need to be made. The new well is pumping as of July 2, 2001 and is pumping 240 gallons per minute at 130 PSI. They were expecting approximately 300, but pictures of the water line coming from the well that were cut out to add the new well in, show a large amount of deposit in the line that closes the 6" opening down to a little more than 2". This slows down the water quite a bit. Larry has talked to Layne Western regarding an estimate to pig the main going to the water tower until a point is reached that the water flows more freely. The cost to do this can be very expensive. Mayor Henry asked about using the new line that runs around the football field. This line can be used; however, there would be more resistance in the line due to the corners in the line. The exterior of the line that is coming from the new well is in good shape because of the sandy soil, but is full with deposits on the inside. Discussion followed regarding cutting the line a certain distance from the well to see what the inside looks like and see just how far the deposits range. Greg Manley felt a lot of the sediment stays down by the well. There is the possibility of a new line running up Cherry Street, but it is not indicated on the water map. There is two lines on Sand Hill Road, a new line on the East Side and an old line on the West Side. A spot will be picked where a known valve for shut off is near the school to be dug down, and the line broke to see what the interior of the line looks line. Larry felt the valve at 2nd and Cherry would be the one to use. This should be done before school starts. At that point Layne Western can give a more accurate estimate for the cost of pigging the line. There is enough water right now to get the City through the summer even with the plug in the line. The first week in August was felt to be a good time to cut the line and check the interior. 

Larry noted that the #2 Well needs to be acidized. The #1 Well can still be used so it was determined now would be the good time to work on Well #2. At some point in time the #1 well will be shut down. Larry felt the #2 well had never been TV'd. Layne Western installed the well in 1940 and some work has been done, but none recently. The screen should be TV'd to see how bad of shape it is in. Larry should call Layne Western to get a cost estimate on the work that needs to be done on Well #2. We could have 350 to 375 gallons per minute capacity between the new well and Well #2 after the work is done on Well #2. Larry added that when he runs the old well and the new well together, the gallons per minute slow down because of the added pressure in the line. Motion by Manley, second by Harris to have Larry contact Layne Western for cost estimate to get the well televised and acidized on Well #2. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried. Larry will also visit with Layne Western about pigging the line. There is a part that needs to be replaced on the new well. It has been ordered and should be in soon. 

Larry flushed hydrants on Depot Street. A regular schedule of flushing will be implemented on Wednesdays. Another People's Service employee will be assisting Larry with getting caught up on flushing and installation of new water meters. Mayor Henry felt the replacement of water meters should be stepped up since we will be going with the new meter reading system soon. Meters cost between $90 to $100 each. Mayor Henry would like to see a portion of the money saved on the renegotiations of the People's Contract used to purchase additional meters and get more changed out. The Utility Billing Program is coming along and a comparative billing register was run with the last billing cycle. We should be able to go to the new program next month. The Care Center water meter needs to be changed. Larry has located the valve for shut-off. Some plumbing work will need to be done because the fittings on the new meter will not match the old. The Care Center would prefer to have the change made after 5:00 p.m. and not on a Wednesday due to it being the day for the hairdresser. 

Jack Faubion gave the Maintenance Report. They have been working with the crack sealer and have just about completed the office in the Maintenance Shop. Union Pacific is working on the railroad crossings on 2nd and 3rd Streets. The crossings will be replaced first and then an asphalt crew will be in to resurface the approaches. The crossing will be a little rough until the asphalt crew can get in to finish. Bill Bowzer has been very helpful in staying on top of the railroad to get this repair work done. Don Harris noted the Stop Sign at 6th & Main needed to be replaced. 

Larry Wittrock asked if a dehumidifier would be helpful in the new well house. There is continual sweating and this is not good for the electrical parts in the building. Larry will check with Layne Western to see if this would be helpful. 

Rod Petersen commented on a complaint he had received on the trees on 7th Street between Vine and Oak that are hanging over the street. Randy Payne had checked this out and it was going to be a larger job than first anticipated. Jack will remind Randy to take care of this as soon as possible. 

Greg Manley noted that Roloff Construction had started on the Prairie Hills project. Mayor Henry contacted Ray Albert about using a portion of his cornfield as an access road for Prairie Hills Drive. The City will reimburse Ray Albert for the loss of the corn to make the access road. 

A request from Terry Meier of SENDD was received for a six-month extension on the CDBG Rehab project. The agreement expired on July 2, 2001, but there are a few projects that still have to be finished up. Terry furnished a letter for the Mayor to sign asking for this extension. Motion by Pankonin, second by Petersen to sign request for six-month extension. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Motion by Petersen, second by Manley to pay dues to SENDD for $750. Roll call vote: Harris, aye; Manley, aye; Petersen, aye; Pankonin, aye. Motion carried.

Tecumseh Insurance does not yet have the renewal figures for the City's liability insurance. She will be getting those soon and will also provide a quote for higher limits of liability. 

EMS Billing Service has sent proposed 2001 rates for rescue squad service. EMS Billing Service recommends this increase. New government regulations have been implemented already in 2001 with more regulations implemented later this year. Base rates will include all supplies (oxygen, drugs, disposable, etc.) and are being phased in over a four-year period. During the phase-in period you are allowed to bill for disposable supplies only. At the end of the phase-in period, supplies can no longer be billed. As of January 2001, oxygen and drugs can no longer be charged separately and these costs must be recouped through base rates. The current rate charged is $170 with $2.50 per mile. The mileage charged is one way. EMS Billing suggests $200 base rate for non-emergency base calls and $300 for emergency base calls with $6.00 per mile. These rates are also based upon what insurance companies and Medicare allow for these services. Motion by Petersen, second by Pankonin to approve new rescue squad rates as proposed by EMS Billing Service. Roll call vote: Harris, aye; Manley, aye; Petersen, aye; Pankonin, aye. Motion carried.

Motion by Manley, second by Harris to adjourn at 8:20 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 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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