May 9, 2001


A regular meeting of the City Council of the City of Louisville was held on Wednesday, May 9, 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 were attorney Roger Johnson and several guests.

Notice of the regular meeting was given in advance thereof by publication in the Plattsmouth Journal and by posting in three (3) public places as shown by the certificate attached to these minutes. Notice was simultaneously given to all council members. Their acknowledgement of receipt of notice and the agenda is attached to these minutes. All proceedings thereafter were taken while the convened meeting was open to the public. 

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

Lowell Daisley addressed council regarding the Cass County Economic Development Council. He gave a brief history of how the council was formed and what their goals are. He also presented their mission statement and budget. Two of their priority items are high speed Internet access for Cass County, which they have formed a task force for, and a Community Builders Program. The Community Builders Program would take two individuals from each community in a nine-month program. The group will meet every month and tour a different community each month. The tour is then followed with a training session for economic development. The council will be working with the Nebraska Development Commission, along with the DED, OPPD and other service providers to further this program. Lowell has been asked to serve as a director representing Cass County on the Resource, Conservation and Development Committee, which is an arm of the USDA. The government funds a director, office staff and office space for the RCD Council, which is a nine-county council. It allows them to find funding way beyond where most people have to stop. A program is underway in Plattsmouth to provide a bike/walking trail by the high school to connect with a natural wetland the school would like to use as an outdoor classroom. The Cass County Economic Development Council is also involved with the test-drilling project for water supply in South Bend, which could impact Louisville. They are also involved in the Missouri River bridges and have met with Senator Nelson in Washington regarding this, which could impact the Hwy 66 Bypass project. They are also helping a new candle making business in Weeping Water get started. The Cass County Economic Development Council is asking for help with funding. They ask for a $2 per head assessment. Dave Pankonin felt there was a real need for this organization in Cass County. The council will take this under advisement and possibly work into next year's budget. 

Larry Ball gave a presentation on the Fire Pak Insurance program. The Rural Fire Board requested the council take this program into consideration. The Fire Pak policy offers coverages unique to volunteer fire departments and they insure a little over 35% of the volunteer fire and rescue organizations in Nebraska. Other nearby communities with this coverage is Springfield, Murdock, Murray, Union, Elmwood and Papillion. Fire Pak covers the property, liability and vehicles and equipment. The group life program is through the Nebraska State Volunteer Firefighters Association and a work comp supplement is also provided. The building and contents are insured on a replacement cost basis with an inflation factor. The coverage is special form, which is all risk, subject to a few exclusions, plus mechanical systems and electrical breakdown. Extra expense coverage is also included under the property section along with dishonesty coverage. Board members, both rural and city, as well as volunteers, are covered. Inland Marine is covered on a blanket basis, not an item basis, with replacement cost and inflation factor. Items covered are bunker gear, Jaws of Life, hoses, nozzles, defibrillators and pagers on guaranteed replacement cost. Commandeered equipment is also covered, such as a farmer's tractor used at a grass fire, up to $500,000 on replacement cost basis with no deductible. Volunteer's vehicles and personal property are also covered when damaged in the line of duty or on training or meetings. Public liability and professional liability for firefighters is also covered. Liability is covered on claims made basis, not an occurrence basis. Volunteers are covered on and off duty for Good Samaritan acts. Contingent aircraft liability would be covered in the instance that a medical helicopter is damaged as a result of answering a call. Sexual harassment is also covered. There is also $7,500 of mutual aid coverage on this policy at $750 per day for 10 days. Vehicles twenty-one years old and newer are covered on replacement cost basis. Vehicles older are on designated value. They do not depreciate vehicles. There is no deductible on glass breakage. The life coverage is $19.50 for the mandatory $5,000 of coverage and covers volunteers up to age 70. Double indemnity on or off duty is on the policy. Workers comp does not cover heart attack or stroke in the line of duty. There is a supplemental income program to cover this loss. Greg Manley will contact the fire department regarding if they would like a quote for this coverage. 

Motion by Pankonin, second by Manley to approve Resolution 01-15, CDBG Drawdown #14 for $30,471.84. Roll call vote: Petersen, aye; Manley, aye; Harris, aye; Pankonin, aye. Motion carried. 

Motion by Pankonin, second by Petersen to approve Resolution 01-15, Warrant 99-1-27, Prairie Hills Street District to JEO for $825. Roll call vote: Harris, aye; Pankonin, aye; Manley, aye; Petersen, aye. Motion carried.

Motion by Manley, second by Harris to approve Resolution 01-16, rollover warrants on Main Street and Prairie Hills. Roll call vote: Manley, aye; Pankonin, aye; Harris, aye; Petersen, aye. Motion carried. 

Troy Johnston of JEO presented the special assessments on the Main Street project. Group A is street improvements and Group B is the sewer re-lining project. Engineering, construction, testing and interest further break down the costs. $80,000 of the project will be recouped in assessment costs. The costs were assessed on the building of the new sidewalks, removal of old sidewalks and the decorative red strip on part of the sidewalk. This breaks down to a cost per lineal foot to the businessowners, including the overhead (engineering, miscellaneous testing, etc.). The computed cost per square foot is $67.09. Assessments can be paid over a period of ten years. It will be bonded by the City and the City will set the rate of interest on that assessment. A hearing date will be set with publication for five consecutive weeks. Troy Johnston recommended the hearing date not be a regular meeting night, as they can get quite lengthy. Each property owner will have 50 days to pay the assessment in full, half, or at least one tenth of the assessment. The interest will start at the day of the public hearing. After the 50 days it can be turned over the county assessor to be added to the property tax and yearly installments made. The city can handle receiving payments of the special assessments itself or turn it over to the county for collection with the property taxes for a fee. The county typically charges 1% to collect the fee. It was decided to hold the hearings for the special assessments on June 27, 2001, which allows for the five publications. Motion by Manley, second by Harris to accept $67.09 per lineal ft as the assessment amount as presented by JEO. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried. 

Motion by Manley, second by Harris to approve Resolution 01-17 setting the hearing date of June 27, 2001 for Special Assessments on Main Street and to provide notice to the property owners according to law. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Eric Obert of JEO presented the bids received on the Prairie Hills Street District. Two bids were received, one from M. E. Collins Contracting for $768,103.20 with a start date of August 27, 2001 and one from Roloff Construction for $593,584.79 with a start date of June 15, 2001. It was JEO's recommendation the bid be awarded to Roloff Construction. The original estimate was $650,000. These bids included storm sewer, 10" water line and sanitary sewer through the Maxon property, where an easement has been obtained. The contract will be for 180 days, but Roloff hopes to complete in three months. Steve Meisinger asked about temporary access. The contractor and engineer will handle this. The plan is to start on the bottom road. Motion by Petersen, second by Pankonin to accept the bid from Roloff Construction for $593,584.79. Roll call vote: Harris, aye, Pankonin, aye; Manley, abstain; Petersen, aye. Motion carried.

Delinquent water bills were discussed. Letters have been sent to the property owners notifying them that their bills are past due. One house is for sale with no one living in it and the other is not for sale, but there is no one living in it at the time. The water has been shut off at these locations. Roger Johnson noted that the health inspector should be notified if there is anyone living in these homes where the water has been shut off. In the past a certified letter was sent notifying them of their delinquent account and advising them the city would place a lien on their property. Roger Johnson said when something is mailed with postage prepaid and it does not come back to the sender, it is considered delivered. Lien process was discussed. Motion by Manley, second by Petersen to file a lien on both properties. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. The clerk will notify the property owners by mail and file the lien.

Discussion was held on the sewer line and grinder pump on the remaining house on Depot Street to be connected to the city sewer. Mayor Henry has been in contact with Ron Stohlmann of Stohlmann Digging. The state is requiring an 8" line; however, there is only a 6" line where it would connect. Eric Obert recommends a manhole because there is not a coupler that abuts a 6" to an 8" line. Stohlmann is having trouble getting prices on pumps and will come down with the transit and see if there is a way of re-engineering the plumbing in the house and free falling it. This would be cheaper for the city. At this time, Ron does not have firm figures. Stohlmann is the only bidder on the job. Bid specs were picked up by another individual and faxed to one other, but there has been no response from them. Mayor Henry is concerned that this project be finished in a timely manner so the new well can be turned on as soon as approval is received on the water test. Roger Johnson noted anything under $10,000 would not require solicit of bids. Stohlmann is working with Eric on getting a waiver from the State of Nebraska to put a clean out instead of a manhole and attach a 6" line instead of an 8" line. Eric Obert felt if the city hired JEO to engineer and complete the project the cost would be over $20,000, however the city can do it for under $10,000 by hiring their own contractor. There is 167' from the clean out to the property line on the west. The problem with the manhole is the sewer is only about 2' deep, so the manhole would stick up too far. If the State will allow, they can go with a 6" line, hook on to the existing line, leave the clean-out and put two more clean outs down the line. The State is involved because of the location of the temporary well. The old board agreed to stand the cost of hooking up the remainder of the lots on Depot Street at the city's expense. The sewer line is located right along the sidewalk and has to be at least 10' from the water line. Greg Manley suggested a flat-top with a ring cover might work with the 8" line. Rod Petersen did not want to hold progress up waiting on the State to give a waiver. It was decided to have Eric and Stohlmann engineer the flat top with ring and run the 8" line and go ahead with the project. Motion by Petersen, second by Manley to complete the project on the Depot Street sewer line as long as the cost does not exceed $10,000. Roll call vote: Pankonin, aye; Harris, aye; Manley, aye; Petersen, aye. Motion carried. 

Roger Johnson commented on the presentation made by Lowell Daisley for the Cass County Economic Development Council and their request for help with funding. He advised the Plattsmouth City Council contributed to the council on an advertising issue. He advises against contributing to this because of a case pertaining to a city contributing city funds for something outside of their jurisdiction. Statues provide only two ways for cities to do economic development. These two ways are advertising for the city or you can submit a vote to the public to provide for a sales tax to fund this. Dave Pankonin will work with Roger and Lowell on this. 

Duane Grasshorn representing Peoples Service discussed the contract the City has with them. The contract will renew July 31, 2001. He suggested the Mayor and another council member sit down with him to discuss the contract. Dave Pankonin had some questions on the amount of the utility bills and the additional $910 the city was billed for. Peoples Service pays all the utilities for the sewer plant. Duane felt the $910 was probably for hauling sludge out of the plant and it is not included in the contract. This could be included in the next contract if wanted. The contract is generally a three-year term. Mayor Henry asked what Peoples Service see as what their costs will be. Duane felt the costs would be about the same and this contract has an annual clause that will raise the contract by the CPI. Peoples Service is covering utility and testing costs. Mayor Henry expressed an interest in the city paying the actual costs for utilities and testing. Mayor Henry will set up a time to get together with Duane to discuss the contract. 

Larry Wittrock gave his monthly report for Peoples Service. Dave Pankonin asked about the plug in the sewer on Depot street and if it had any affect on the sewer line and grinder pump project. Larry explained where the sewer lines on Depot Street run and the ninety degree turns in the line. Larry felt this is where the plug is happening and the line could even be separated there since they got a lot of sand out of the line the last time it was jetted. A manhole needs to be redone as the hole in the top is not big enough to get the jet hose into. It has to be jetted the wrong way to get it to flush down. This line was unable to be tv'd completely due to the turns in the line. Larry felt the floor should be knocked out of the mahole and dug deeper, put a concrete floor in it and break the clay tile that is there so a larger than 4" hole can be made. It was decided to have Ron Stohlmann take a look at this project also. 

Dave Pankonin asked about the recent inspection on the sewer plant. There will be a letter coming soon from Russ Urwin. Larry explained a problem with the pump speed that will probably be noted on Russ' letter. Greg Manley noted he had complaints about bad smelling water at the south end of Walnut Street. Larry will be flushing that hydrant soon, which should help with the smell of the water. Larry asked about the possibility of having no watering on Wednesday so he can flush hydrants on that day. When you are flushing hydrants and people are watering, people run out of water. Mayor Henry asked if this would be for a long period of time or short period. Larry asked to have every Wednesday so he can split the town up and flush on a regular schedule. There might be a problem with those that have automatic sprinkler systems. Dave asked about getting the word around town regarding no watering on Wednesdays. It was decided to put it in the next newsletter to go out with the water bills. Mayor Henry commented on the peak times and asked Larry to set the switches so both wells pump when the tower calls for water. This will help the tower to recover quicker. The old well is pumping at 150,000 and the other is 130,000, which are 280,000. Larry will take care of setting the proper switch. Dave Pankonin asked when the new well will be on line. Tests from the State are still not back. Dan Henry will do some calling to check on this.

The Jaycees are requesting Main Street be swept for Louisville Daz. Maintenance is trying to find parts for the sweeper. The Care Center is also requesting their parking lot be swept. Jack Faubion felt it could probably be used for the two blocks of Main Street and the Care Center parking lot. The steering cylinder is bad and due to the age of the machine, parts are hard to find. The Jaycees are having a problem find electricity for the band for Louisville Daz, since the wall fell on Copple's lot. In order to use electricity from across the street, the band will have to be moved parallel to Third Street, which could cause a noise problem. OPPD will not put the temporary service in because the wall is too unstable. Copple's are trying to get a permanent pole up. If they can, the Jaycees will see about a temporary service from that. If the cost is too great, they plan to run the electricity across the street from Michelle Nickolson's apartment. Mayor Henry expressed concern over previous complaints on band noise. If they are able to get the temporary pole in, the band will not have to be moved. Greg Manley felt he had a cord that would reach across the street without moving the band. Two cords will be needed because of the load of electricity on one circuit. Dan Henry and Greg Manley will look into a way to get temporary power to them, without moving the band. Concern was noted over the private apartment being able to handle the load of electricity. 

Motion by Manley, second by Petersen to approve request for Jaycees Special Liquor Permit for a Street Dance on July 28, 2001. Ayes: Manley, Petersen. Nays: Harris, Pankonin. Mayor Henry votes aye to break the tie. Motion carried. 

Motion by Pankonin, second by Harris to send the City Clerk to the 2001 Municipal Accounting and Finance Conference June 20-22 in Kearney, Nebraska. Roll call vote: Manley, aye; Petersen, aye; Harris, aye; Pankonin, aye. Motion carried.

Motion by Pankonin, second by Petersen to award CDBG Contracts to Graham Construction and A Better Way Construction as presented by SENDD. Roll call vote: Harris, aye; Manley, aye; Petersen, aye; Pankonin, aye. Motion carried.

A letter of resignation was received from Paul McManis for Planning Commission. Mayor Henry nominated Bill Nessen to fill the vacancy left by Paul McManis for the Louisville Planning Commission. Motion by Petersen, second by Manley to accept the nomination of Bill Nessen to fill the vacancy left by Paul McManis on the Planning Commission. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Dave Pankonin attended the monthly BUILD meeting. They are looking into getting a sign for the entrance to town. They are also requesting the area where Depot Street meets Main, which is probably railroad property, be mowed. Randy Payne advised the city has mowed that in the past and billed the railraod. There are also trees and weeds growing up through the storm sewers that need to be trimmed also. The Occupation Tax was also discussed. BUILD would like to know where the money for that goes for. The speed limit signs do not seem to match up on Koop Avenue going east out of town. The painting of the parking stalls was also brought up. Dave advised them this had been passed at the last meeting. 

There will be a meeting at Quarry Oaks golf Club on Friday, May 25, 2001 at 7:00 p.m. with the Lower Platte South NRD. This meeting is being held to measure interest and support for water and wastewater treatment facilities and infrastructure to serve the region. Greg Manley and Dan Henry will try to attend. 

A written report was sent by the Cass County Sheriff's department for calls in the past month. Dan Henry will visit with the sheriff regarding the back pay due the Sheriff's Department. 

Dan Henry attended the Care Center Board meeting. Profits are up this year to $109,787 to date as opposed to $29,032.76 from last year. They will be purchasing a new mower soon. Darlene Petrzilka will be painting the curbs for them with the iridescent paint with glass beads in it. There is a guardrail that is bent from snow removal. Maintenance will get a replacement rail and possibly modify the rail so it does not get damaged from pushing snow next year. 

The Senior Citizens would like to repaint the strips on their parking and request the City sweep the parking area for them. Randy Payne will take care of the sweeping and painting. 

The mower/tractor and crack sealer have had problems in the last week. Jack Faubion reported problems with vapors coming out of the exhaust pipe on the tractor. There could possibly be a cracked head or head gasket. Randy Payne reported on the problems with the crack sealer not working properly. The engine dies when the material pump is started. A broken fuel line was repaired; however, it was losing heat to keep the material warm. A book has been ordered from Logan Contractors Supply on the crack sealer for maintenance and operator's manual. Candy and Cheryl will be able to stop at Logan after their User Group Meeting on Thursday to see if the books are in. Greg Manley will get with Randy and Jack to help with getting the crack sealer back in working order. Dan Henry felt the regulator might need to be replaced. There is a photo electric eye that may need to be cleaned. 

The City has two tractors; the one used to mow with is leaking water into the oil. Dave Pankonin had looked at the tractor and noted this Farmall B is a 45 year old tractor with a narrow front. There is no roll bar or seat belt with wide wheels and would not be considered safe to operate. Dave felt the tractor would be worth $1,000 at the most. The other tractor is a yellow IH 2400 series utility from the early 60's with a 3-point blade. There is no roll bar on this tractor and it not a great loader tractor because the swept back axle. Dave did not know if the City needed a mower or tractor most. There are several dealers in the area for compact tractors. The zero turn mowers might be a better deal from a mowing standpoint. Finding old, good, used utility tractors is about impossible. Dave felt Dan and the Maintenance Department needed to decide what was really needed before any decision is made. Dave said the belly mowers, because the wheels are close, do a nicer job of getting into places, but the drawback is putting the mower off and on. The 3-point mowers are nicer in that respect. Mayor Henry noted that the Care Center was purchasing a mower and if the Housing Agency buys the Oak Ridge Apartments there is also city property there that will need to be mowed. Dan felt something could be worked out with the Care Center and City regarding mowers. Dave Pankonin noted the Care Center was using a lawn tractor to mow the bank, which should be mowed with a bush hog or finish mower with more horsepower to prevent the lawn tractor from being ruined. The city has a bush hog that is working fine that could be used there. Hank Mueller asked about the mower Ash Grove donated to mow the ball field with. Mayor Henry had talked with Cindy Osterloh, who is on the Ball Parents Association, and she knew nothing about a mower donated by Ash Grove. Dave's concern is the right equipment be used in the right place so that it lasts. 

The street sweeper is also a 1974 model and is difficult to get parts for. The streets are swept approximately once per month. Greg Manley asked about contracting out the sweeping of the streets. Mayor Henry asked if the street sweeper could not be used to sweep Main Street for Louisville Daz and the Care Center parking lot, what did the council want him to do? Dave Pankonin asked if the cheapest way would be to buy a finish mower for the yellow tractor. Should the tractor be worked on, since the ball field and park need to be kept mowed? Repairs to the tractor could be more than the tractor is worth. Is a mower or tractor needed? Mayor Henry felt both are needed. Mayor Henry noted some new equipment has already been bought and he wants to see it maintained and kept in good repair. Dan Henry said to get the street sweeper out, if it blows up and can't be used, get it down to the shop and he will contact a sweeping company to sweep Main Street for Louisville Daz and whatever sweeping we need to do. During that time the dealer may be able to come up with some salvaged parts for the sweeper to repair it. The other option is to take the steering cylinder off, take it to Marks and see what it would cost to build a new one. The street sweeper is not in that bad of shape; it is just old and hard to get parts for. A new street sweeper would cost about $89,000. Don Harris felt that some of the money in the CD's should be spent to get equipment. These items need to be in the budget. 

A decision will need to be made on the mower situation, since everything will need mowed again soon. Mayor Henry does not want Randy Payne using his own mowers to mow city property. Rental of a mower was brought up. The council felt Dan should do what ever it takes to get the mowing done. Dave Pankonin gave a rough estimate of $6,000 for a 25 hsp, front mount 60" Dixon, which would be adequate for the ball field and the park. The south bank of the ball field is mowed with the bush hog with the tractor with the wide front end because of the steepness of the bank. The compact tractors at 35 hsp would run about $16,000, additional costs would be involved for the loader, finish mower, belly mower and rear blade, which would bring the cost to about $21,000 that could be used to mow with and snow. This should be considered for the next budget year. 

More discussion followed on the Peoples Service contract and the costs involved there. Rod Petersen will sit in on discussions with Peoples Service. Greg Manley will work with Maintenance to get a street repair program going and the equipment up and running. 

Mayor Henry noted that the South Ridge Subdivision Agreement has not been returned yet. Engineering for the continuation of the water line past Walnut Street will not proceed until the agreement is signed. 

The water tower and water storage problems were also discussed. Several water mains in town are in need of replacement. An alternative to the 10" line to South Ridge could be a standpipe at the old site and reworking water mains. 

Greg Manley reported on complaints he had received regarding a property owner piling rocks at the edge of the alley on Fourth Street between Walnut and Maple making it difficult to get in and out of the alley. Greg will talk with the property owner about this. 

Motion by Manley, second by Pankonin to enter executive session to discuss personnel issues at 10:12 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Motion by Pankonin, second by Harris to exit executive session at 10:25 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

Motion by Manley, second by Harris to adjourn at 10:25 p.m. Ayes: Harris, Manley, Pankonin and Petersen. Nays: 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
City Clerk 

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