July 25, 2001


A regular meeting of the City Council of the City of Louisville was held on Wednesday, July 25, 2001, at 7:00 p.m. at the City Hall. Present was Mayor Henry, Council Members: Harris, Manley and Petersen. Also present was attorney Roger Johnson. Council Member Pankonin was absent from the meeting.

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 Petersen, second by Manley to approve the consent agenda. Ayes: Harris, Manley and Petersen. Nays: none. Motion carried.

Ordinance #708, Fixed Price Gas Option offered by People's Natural Gas was discussed. Roger Johnson recommended the council not approve this ordinance until the committee formed by the League of Municipalities has had an opportunity to complete their review of the ordinance. There are some percentages built in to this ordinance that raise a rate increase issue. Some cities have adopted this ordinance already, but most of the others are pulling back to get a better picture of what is going on. Rod Petersen asked why it is that they can't come into town and offer this without an ordinance passed by the council. Roger Johnson said that right now the ordinance only allows for one method to residential consumers that is set at a certain profit, which is 10 cents per cubic meter or therm of gas. This is the maximum profit People's can make. Otherwise all their charges are set expenses they incur. Don Harris asked how the city got involved in this authority over the gas company. It is because the City grants the franchise to People's Natural Gas. These are done on a district basis with other cities, approximately ten other cities. The rate gets fixed based on committee hearings, etc. There is some concern over the differences in the offer available in Lincoln. This option is based strictly on a yearlong offer. If a customer decided to go with this, it would be for twelve months and that would be it. A decision to go with the option again would have to be made at that time. Roger felt there would be something coming out in a week or so with a more thorough analysis of this option and the City should wait until this information is obtained. Motion by Petersen, second by Harris to table Ordinance #708. Ayes: Harris, Manley and Petersen. Nays: none. Motion carried.

Discussion on Ordinance #709 followed on the Citation Fee Waiver Schedule. Roger explained that most of the time the deputy will write the citation for violation of a State Statue over a city ordinance. At that time the citation will go to the county attorney for prosecution instead of the city attorney. This schedule sets forth a fine schedule for violation of city ordinances and codes. State statues will take precedence over the city. The penal provision for a maximum fine for all offenses is $500 per offense, under 6-501. This is now the maximum allowed by cities of the second class. Since this has been upped to $500, Roger felt the Council might want to consider some of the dollar amounts for citations. Citations written under State Statue will carry the state fine schedule. This fine waiver schedule would be on file with the court so if any citations were issued under city ordinance, individuals involved can go in and pay the fine. Roger asked the council members to review these and pencil in the dollar figures they would like to see and return it to Roger. Mayor Henry felt it would be better for Roger to set the fines at a reasonable amount and rework the schedule for approval. The mayor felt the City should mirror the county as to what they are using for their fine waivers. Roger will also take into consideration what the judge has been doing in court. No action was taken on Ordinance #709.

Motion by Manley, second by Petersen to introduce and suspend the three required readings of Ordinance #710, Speed Limits on Highway 50. Ayes: Harris, Manley and Petersen. Nays: none. Motion carried. Motion by Harris, second by Manley to adopt Ordinance #710, Speed Limits on Highway 50. Ayes: Harris, Manley, and Petersen. Nays: none. Motion carried.

Motion by Petersen, second by Harris to award bid for new maintenance tractor, loader, mower and blade to Pankonins, Inc., for $24,120. Roll call vote: Manley, aye; Harris, aye; Petersen, aye. Motion carried.

Roger Johnson has not had an opportunity to complete the Cedar Creek Rescue Agreement yet. He will finish it and send it to Cedar Creek.

Bill Cover of Cass County Management will be coming through Louisville on Friday, July 27th and will meet with either Jack or Randy to look over the siren to see if the high band equipment is in place or if it still needs to be purchased. If the siren is ready to go to high band, the telephone line into the fire station to activate the siren can be removed. The cost of this telephone line is $60 per month. Bill felt the money needed to get the siren on high band activation could be recouped within one year with the elimination of this phone line. The Fire Department pagers for fire and rescue calls are already activated by high band and no longer use the siren. More information will be available at the next meeting.

The residence at 420 Walnut Street was discussed. Mayor Henry has tried to contact the owner by phone and has left three messages that have been unanswered. The owner will not return phone calls. The certified letter sent has been returned with the forwarding order expired. Roger Johnson noted that if you put on the front of the envelope "request forwarding address" even though the order has expired if you want to try to deliver the letter again. The certified letter will be resent and if no response is received by the next council meeting, condemnation procedures will be started.

Other nuisance areas were discussed. Letters will be sent to the property owners regarding vehicles and overgrown weeds and grass.

The Utility Easement for lot 804 was discussed. Roger Johnson had prepared it as a blanket easement, which he felt Alan Mueller probably would not want. A copy of the easement will be given to Alan for review. The utilities have been located and a new survey may need to be done for the correct legal description on the easements. Mayor Henry felt the blanket easement is what is needed because the city has to be able to service those utilities running through the lot. The location of the Care Center is a big factor in needing a blanket easement through the lot. Roger felt the reason Alan did not want a blanket easement was because the fewer the restrictions on ownership, the better. Roger Johnson recommended the blanket easement be used. Mayor Henry will visit with Alan regarding the blanket easement.

The auditor has recommended that a budget committee be appointed. Mayor Henry recommended appointment of Dave Pankonin and himself to serve on the Budget Committee. Motion by Petersen, second by Harris to approve recommendation to appoint Dave Pankonin and Dan Henry to the Budget Committee. Ayes: Harris, Manley and Petersen. Nays: none. Motion carried.

Motion by Petersen, second by Harris to approve payment of Prairie Hills Warrants #99-1-17 through #99-1-31 for $57,726.40 called on August 1, 2001. Roll call vote: Petersen, aye; Manley, aye; Harris, aye. Motion carried.

Motion by Manley, second by Petersen to enter Executive Session to discuss personnel evaluations at 7:50 p.m. Ayes: Harris, Manley and Petersen. Nays: none. Motion carried.

Motion by Petersen, second by Harris to exit Executive Session at 8:30 p.m. Ayes: Harris, Manley and Petersen. Nays: none. Motion carried.

Motion by Harris, second by Manley to adjourn at 8:30 p.m. Ayes: Harris, Manley 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, 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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