CITY OF LOUISVILLE

BOARD OF TRUSTEES

October 11, 2000

LOUISVILLE, NE

A regular meeting of the Board of Trustees of the City of Louisville was held on Wednesday, October 11, 2000 at 7:00 p.m., at the City Offices. Present were: Chairman McManis; Trustees: Jim McClun, Frank Evans, Wayne Chriswisser; absent: Kevin Bender; others present: Attorney Morten; 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 board 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 Evans, seconded by McClun to approve the Consent Agenda which includes: City minutes of September 13, 2000; CRA minutes dated September 13, 2000, City and Care Center warrants; treasurer's report; investments and transactions; City administrative report; acknowledgment of Planning Commission minutes; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried.

Motion by Evans, seconded by Chriswisser to temporarily adjourn as the Louisville Board of Trustees; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Motion by Evans, seconded by Chriswisser to convene as the Board of Adjustment; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Motion by Evans, seconded by Chriswisser to open the Zoning Variance Hearing at 7:04 pm; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Eldon Hansen presented his reasons for allowing a variance due to the irregular shape of his lot. Motion by Chriswisser, seconded by Evans to close the hearing at 7:07 pm; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Motion by Chriswisser, seconded by McClun to approve the variance based upon the peculiar shape of the lot, a hardship is not shared by other property owners in the same area, there is no substantial detriment to the adjacent properties, the same triangular shape is not shared by other properties, and no personal convenience or profit is to be gained by Eldon Hansen; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Motion by Chriswisser, seconded by Evans to adjourn as the Board of Adjustment; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Motion by Chriswisser, seconded by McClun to reconvene as the Louisville Board of Trustees; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried.

Motion by Chriswisser, seconded by McClun approve Resolution 00-39 99 PW 008 Street Dist 98-1 DED drawdowns #13 & #14 and warrants [Collins $224,549.15, JO $7,500, Sendd $570.66, Ameritas $1,143.07], M E Collins change order #2 $48,510.90 which replaces the Sept 13, 2000 change order #2 due to the 38 additional days inclusive; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Dennis Barnes placed imprinted red brick along the NW corner of 2nd & Main running west at his cost; this was not part of the Main St project but solely a decision between Dennis Barnes and Collins. The City will not be paying for the improvement to the sidewalk area. The 38 days makes completion October 21, 2000; fines could be implemented at that time rather than November 1 per Obert. Obert felt the city should not address the penalty clause until November so the contractor does not slow down and not proceed toward completion. McClun asked if Goodtimes sidewalk was resolved. Obert stated it has a 30% slope and does slope away from the building but they will look at it again. Greg Manley felt fines should be brought to Collins attention November 8, 2000 if they are not completed by November. McManis felt get the job done and then decide penalty decision. Stripping Main St will not be done until late spring 2001 or early summer because of the sealant and the paint needs to adhere to the pavement. Troy Johnston is looking at reflectors for the intermediate term. McClun felt the city didn't need and stripping or other source of identification.

The temporary test well results have been submitted to NHHS; 20' west of well #1, 53' depth, formation good. JEO will begin design, submit to NHHS, publication and bid letting, tests taken once well constructed. NHHS requires the city install two monitoring wells [50' deep to bottom of formation] up stream in the BN ROW area, physically remove the two septic system and laterals at the west end of N Depot St. and have the soil cleaned. McManis asked if the well would be in service by the first of the year as he expected. The building to be simple and hold cost down. McManis noted this well should be a temporary fix and in two years have a long-term solution. Eric Obert noted the temporary well will not be ready until March 2001 for the following reasons: a) site design, b) NHHS approval, c) publication and bid letting, d) construction, e) testing of VOC, SOC, six week tests, etc.. Motion by Evans, seconded by Chriswisser to approve proceed with design by JEO on the temporary well; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Motion by Evans, seconded by Chriswisser to approve design and installation of the grinder pump and sanitary sewer connection for the farthest west two homes on N Depot St; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Both houses will be tied together and brought to the city sanitary sewer main, estimated cost $20,000 - $35,000. Clete Petrzilka asked what it would cost the city to purchase the homes and if that would be a better choice. Eric noted the time frame is a problem with eminent domain. McClun stated he thought it would be cheaper to relay the line deeper on N Depot. Eric said the line is flat from Taylor Oil west and perhaps costly to relay. Manley asked how far the nearest manhole is. Eric noted east of maintenance shop.

Prairie Hills is delayed due to the wells being priority. Obert has not met with Maxon. Bid will be out this fall per Obert. McManis beginning to have concerns about the state of development east of Prairie Hills to South Ridge; are they going to fly. McManis wants to be assured before the city spends the money that development is a near term project. McClun felt the city can not take on anyone until the city can supply water to the existing citizens. McManis agreed 100% but doesn't want to enter into an agreement through Maxon property if nothing is going to happen to that property and waste the cities money. McManis noted water is a high priority but getting the paving contract is a high priority along with the well issues. Chriswisser asked how two lot owners would have access to their back yards with the retention pond. Obert felt they were looking at leaving it as is and taking the retention pond out from there or the storm sewer done as an alternate [sanitary sewer is gravity flow unless a lift station is installed].

Motion by Chriswisser, seconded by McClun to approve Dee Arias [replacing Kathy Leibman] to the Library Board; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Candy McClun noted the Library would celebrate the 100th anniversary in February 2001. The Library would like to replace the kitchen and pay for the improvements from the Library Trust Fund. Improvements requested: kitchen cabinets, refrigerator, double sink, stove, microwave. Facilities available for story time and meetings. McManis explained bids should be gotten, expenditures authorized, all invoices will be paid through the normal process with other vendor statements. McManis will donate a microwave he recently acquired. Paul Wiles to be contacted per Candy to install the improvements. Library will be selling white coffee mugs with the Library insignia on it at cost to visitors. Candy requested vendors be paid upon receipt and completion of the work rather than through the proper channels of approval process. McManis advised the Library the payments must still be published and approved by the Board at the normal meetings even though the money is being taken from the Library Trust Fund. Attorney Morten stated these bills must be paid like any other bill. McManis noted it could be thirty days depending upon when the billing statement is received by the City. Morten advised it is a two step process and is standard. Candy was instructed to have the vendors provide credit applications to the city and then they all know the payment process and usually vendors have no problem with a municipal payment schedule because they understand the government process. Morten noted the board meets once a month and must approve the payments; therefore, allowing publication of the payments. McManis noted as an example if someone presented a statement at 5:00 on the night of a board meeting, the item would not have been presented in time to meet the twenty-four hour criteria. Chriswisser asked if the amount could be pre-approved. McManis noted it could be but if the statement is different than the pre-approved amount then it falls into the regular process. Morten stated it is a two step process, the board must authorize the expenditure and then actually approve the claim. McManis noted on average it should be two weeks and vendors are considerate of this process. The Clerk requested the Library Board to identify the vendors and the City Hall will be sure credit is set up. McManis requested McClun to get more than one bid. McClun noted she did not want to spend $20,000 out of the Library Trust Fund. Purchases may be separately to stay under the $20,000 bid lid requirement.

Chriswisser and McClun did not feel there was any justification to raise rates to pay for a well when the city can't give people the water they want to water with. McManis noted the temporary well will cost $9,000-$12,000 and ready by January 1, 2001 [per the engineers cost is estimated at about $80,000, and not operational until March 2001]. Petrzilka noted there has been large discrepancies in the water pumped and water sold, percentages exceeding 12-15% and those such as 27% are to high. Solutions need found and results determined to resolve the problems causing the high loss ratio. Mueller asked why people are paying for water that have meters that are not working. Wittrock said there are 10 meters that have stopped and he is in the process of replacing them; some meters are over 20 years old. McManis noted the city changes the meters as needed, the city looks at the historical record and picks up the actual after the meter is changed out and if there is a gross difference the city goes back and adjusts. Mueller noted he used as twice as much water one-month he was gone than when he was there. Mueller thinks because there is more pressure due to less water use that it is messing up the meters; therefore, it seems to Mueller the city is benefiting. Wittrock noted meters are designed to slow down not increase with age. Mueller disagreed. Harris asked if dirt in the meter causes a problem. Wittrock noted the orifice expands then the meter slows down. McClun felt citizens are getting robbed. The Clerk advised the city must determine how it will pay debt and infrastructure repairs for water. McManis noted to get state assistance is to meet the guidelines for grant help. McManis noted the infrastructure has not been taken care of for 80 years. Jolene Kieter stated she would like to see the city stay affordable. McManis noted the city must have within 2-3 years a long-term solution and be able to able to pay the debt incurred. Options: MUD appears to be the only viable option, form a Louisville Rural Water District or locate a new well field. McManis opposed setting a water rate that a new board must adhere to; the new board will take over the responsibility of these issues. A water treatment plant is $2 million and expected to be required by the state in the future, particularly with the new chemicals being regulated. Bob Derby asked if the city considered a sales tax to help pay for infrastructure. McManis noted a 1% sales tax is on the election ballot and it only failed by a few votes. Evans noted the cities past growth and change in uses have impacted the city pumping performance; the new wells will be required to pump 650 gallon per minute verses the current well original design at 300 gallon per minute. Jolene Kieter asked if rates should be raised at the time of this temporary well because it would appear rates will be increased when the long-term wells are installed. McManis noted the state would not lend the city money until the rates are in place to cover debt and operations to keep afloat. Evans noted the city should not have released the water restriction 100%; acidizing may have collapsed the well. Clete asked if there was still illegal use taking place. McManis hoped not but asked the citizens to police the illegal users. Sharon Pasco asked if the car wash and car shop have been shut down and if they are restricted. McManis stated the businesses are not restricted at this time. McClun stated the city did not have a water problem because there is water in the water tower. Pasco noted she was working with federal mitigation people and has resources available for demonstrating where water sources are. McManis noted the city has been in contact with water resource people at UNL. Wittrock explained he did not want to acidize because the wells were at low pumping capacity and to shut one well down would cause performance problems. McClun felt the city should pull the well pump and just put in a new screen and gravel field. McManis noted the city has been wasting time and money on the two old wells, a new well field is needed. Keiter asked what a temporary well would cost. McManis stated $9,000 - $12,000, but quality about the same. Quality is monitored daily. Evans noted there needs to be accurate meter reading and proper use of water. MUD water is $1 per 1,000 gallon. McManis noted MUD would take over the city infrastructure if the city upgraded to their specifications. Clete recommended a new well field. Motion by McManis, seconded by McClun to table any decision of Resolution 00-43 setting water rates until December 13, 2000; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. [Water rates were included in the packets at request of the board for consideration due to the temporary well costs to be incurred and the long range plan to be determined and implemented and it was requested rates be staggered on the proposal to have higher rates for those that have high use by watering.] McManis noted he did want to pass the buck but did not want to burden a new board with decisions of the current board for the short term.

Motion by Chriswisser, seconded by McClun to approve Resolution 00-44 99 HO 604 Rehab payment of $11,000 to Graham Construction; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried.

Motion by Evans, seconded by McClun to approve Resolution 00-45 Solid Waste Rates at $11.82; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried.

Motion by McManis, seconded by Chriswisser to table Ordinance #696 setting wages and salaries until December 13, 2000 meeting but will be retroactive to August 1, 2000; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Randy Payne asked why the board was dragging their feet on this decision when he could be using his money. McManis noted it had to do with the maximum set on each position in the city. Payne asked where that came up from. McManis noted it was done every year. He further stated it does not penalize anyone because it makes it retroactive to August. Payne noted the money he was missing out on he could be putting in the bank drawing interest. McManis asked what interest he draws at the bank. Payne noted 5-6%. McManis noted he wished he could afford to put part of his in savings. McManis noted to Payne that a 5% raise would not amount to over a couple of bucks for the 3-4 month period. The new board may feel a higher raise is justified or less but McManis did not feel it was his place to saddle a new board when the city is less than two months away from a new board.

Motion by Evans, seconded by McClun to introduce and suspend the three required readings of Ordinance #697 B2 Business District Sign Type; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Motion by McClun, seconded by Chriswisser to adopt, post, and publish Ordinance #697; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried.

Morten will check with the court on the Nickolson abatement required by the court. Lindquist property was mailed a certified letter regarding over growth of vegetation along Elm St.

Morten presented signed papers by Ray Haynie for the city to proceed with destroying the property.

Motion by McManis, seconded by Chriswisser to approve Lot 804 & parcel Quitclaim deed and easement documents; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried.

Motion by Evans, seconded by McClun to approve Home State Bank as the cities designated depository; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Motion by Evans, seconded by McClun to approve the Plattsmouth Journal as the designated legal newspaper of the city; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. Motion by McClun, seconded by Chriswisser to approve the designation Randy Upton and Linda Allen as the authorized signatures for the Care Center transfers as noted by procedures on file in conjunction with the City Clerk; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried.

Chriswisser noted the LRFD agreed with Cedar Creek that Cedar Creek allocate $3,000 annually to the Louisville Rescue Fund for replacement of squads; this is to be billed annually by the City. Chriswisser was asked to get copies of the LRFD minutes for the city files and contact Cedar Creek and discuss the issue.

Care Center liability and health insurance costs have increased. The City Clerk advised McManis the Care Center must publish for health and liability insurance bids when they are in excess of $20,000. McManis noted this would be discussed with Linda Lathrup Linda Allen and Randy Upton. Lamprecht reviewed the police report. Wittrock reviewed the water and sewer operations. Care Center water meter costs $444 and $315. Water appears to be clear running into the manhole by Chriswisser's shop. McClun stated it was water from the old house that was on the shop lot. Chriswisser stated that isn't reasonable because there is nothing connected. Wittrock will take a flouride sampler to see if it is water from the wells. Fire hydrant is leaking at 2nd & Walnut. Randy Payne requested a beam for the sand storage shed and tires for the '92 pickup. McManis noted the board previously approved the beam and requested maintenance to get it done. Payne noted the building inspector advised against a steel beam. McManis still felt the board advised maintenance to move ahead when the board met at the city shop. Motion by McClun, seconded by Chriswisser to approve purchase of a laminated beam for the sand shed; Chriswisser will pick up the lumber and other supplies once maintenance provides a list; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; motion carried. One way signs on the alley between Main St and Mill Creek will be removed in the near future.

Motion by McManis, seconded by Evans to adjourn at 9:00 pm; ayes: Evans, Chriswisser, McClun, McManis; absent: Bender; 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 Chairman and Board of Trustees of the City 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.

Beverly M Dennis
Clerk/Treasurer


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