November 14, 2001


A regular meeting of the City Council of the City of Louisville was held on Wednesday, November 14, 2001 at 7:00 p.m. at the City Hall. Present were Mayor Dan Henry, Council President Rod Petersen and Council Members Dave Pankonin, Greg Manley and Don Harris. 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 Pankonin, second by Petersen to approve the Consent Agenda. Roll call vote: Petersen, aye; Harris, aye; Pankonin, aye; Manley, aye. Motion carried.

John Trecek of Ameritas presented information regarding the Main Street Various Purpose Bond and the Water Utility Bond Anticipation Note. The Water Utility Bond from December of 2000 will be coming due in December 2001 and they are being rolled into a new issue of notes. There will be no principal due in the first two years on the Water Utility notes. Only interest payments will be made on the Water Utility notes. John briefly discussed the bonded indebtedness. The gross debt is at 5% and is manageable when taking into consideration that the sewer bonds are self-liquidating. A portion of the debt being added now will be paid for by the unpaid special assessments and there is a little help from the TIF fund. The net debt is a little over 2- % and should not go over 4%. A gross debt at 7 or 8% could cause some concern and it would very difficult for John to sell the bonds if the gross debt went to 10% or higher. The difference between the net and gross debt is net is when the revenue producing debt is taken off. The City's ratio of gross to net is about 50% and John felt this was okay. 

Motion by Harris, second by Pankonin to introduce Ordinance #715, Various Purpose Bond. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Motion by Pankonin, second by Manley to adopt by title only and suspend the three required statutory readings of Ordinance #715, Various Purpose Bond. Rollcall vote: Harris, aye; Pankonin, aye; Manley, aye; Petersen, aye. Motion carried.

John Trecek advised the Council that the interest rate on the Water Utility Bond Anticipation Note is 2 % with a 1% issuance cost for a total cost of borrowing at 3 %. Motion by Petersen, second by Manley to introduce Ordinance #716, Water Utility Bond Anticipation Note. Aye: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. Motion by Pankonin, second by Manley to adopt by title only and suspend the three required statutory readings Ordinance #716, Water Utility Anticipation Note. Rollcall vote: Manley, aye; Harris, aye; Pankonin, aye; Petersen, aye. Motion carried.

Motion by Harris, second by Manley to introduce Ordinance #717, Noise Made by Mechanical Devices Operated by Compressed Air and Used to Assist Braking On Any Semitractor. Motion to adopt Ordinance #717 by title only and suspend the three required statutory readings by Petersen, second by Manley. Roll call vote: Harris, aye; Manley, aye; Petersen, aye; Pankonin, aye. Motion carried.

Motion by Manley, second by Pankonin to approve Resolution 01-31, Lost Warrant Payment Request. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

A proposal for OPPD on streetlights in Prairie Hills was reviewed. They proposed 13 lights at a cost of $170.04 per light per year or $2,210.52 per year. There would be additional charges for boring at $480.00. Don Harris noted that this plan did not call for any lights on Sand Hill Road. There are eight existing poles on Sand Hill Road, which would not require any boring fee. The last two poles are only 100 feet apart down by Dan Kerans. Discussion followed on the distance between lights and the total number of lights on the proposal. Randy Payne added that on the city streets there are lights on each corner, which places them approximately 360 feet apart. One light on the cul-de-sac and one light at the intersection of Hawthorne Lane and Prairie Hill Drive could be sufficient. Don Harris will pursue further discussion with OPPD. Motion by Petersen, second by Pankonin to table any decision until Don Harris can discuss with OPPD. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried. 

Genie Andrews of Tecumseh Insurance Center reviewed the City insurance coverage with EMC Insurance. Genie noted that a re-evaluation of the city property was completed and it appears several properties were either not covered or not covered at the proper value. Property was only covered on broad form perils at actual cash value as opposed to replacement cost coverage on the special form. EMC will automatically increase coverage to the proper value on the broad coverage form to comply with the statement of values. Replacement cost coverage has also been added. Genie recommends going to the special coverage form. The new property blanket amount would be $3,000,000 for an additional $1,375 per year. It was also recommended that the umbrella limit be increased from $1,000,000 to $5,000,000 to be more in line with state statutes. The cost for this increase would be $1,700. The City currently has a $1,000,000 liability limit with $1,000,000 umbrella limit for a total of $2,000,000. The newly purchased equipment was added to the inland marine coverage, along with other items of equipment that were not insured in the past. The additional premium on the inland marine is $272 per year. The bulk of the blanket property amount of $3,000,000 is the wastewater treatment plant at $1,700,000. The property would need to be insured to value because of the statement values signed each year with the company. There is still a gap of $3,000,000 of liability coverage from what the liability policy and the umbrella provide and the state limit. Dave Pankonin asked what most communities are doing on their umbrella coverage. Most communities have gone to the $5,000,000 of coverage. Roger Johnson added that it is a question of the City's' risk and the cost to replace should something happen. Alan Mueller felt the City had too much at risk to not raise the umbrella limit to $5,000,000. Motion by Pankonin to increase the umbrella limit to $5,000,000, second by Manley. Roll call vote: Harris, aye; Pankonin, aye; Petersen, aye; Manley, aye. Motion carried. When the billing is received for the increase in the property coverages, the bill will be approved at that council meeting. 

Jerry McClun brought the council up to date on the rescue agreement with Cedar Creek. Mayor Henry and Jerry attended the Cedar Creek Council meeting on November 6th. Cedar Creek has agreed to pay $2,000 for the current year to Louisville with the amount renegotiated in July to possibly $3,000 for the next year. The money is to be placed in a fund for rescue squad replacement. Roger Johnson noted a change he would like in paragraph 4 regarding necessary manpower and supplies. This should state to the extent that is possible since it is a volunteer department. Motion by Manley, second by Petersen to accept the rescue agreement with Cedar Creek with the change noted. Ayes: Harris, Manley, Pankonin and Petersen. Nays: none. Motion carried.

A representative from the Jay Cees was present at the meeting. Mayor Henry explained the new committee recently appointed to help promote Louisville and asked that the Jay Cees use this committee as a tool to help achieve their goals. Mayor Henry suggested they could help the Jay Cees with the Louisville Daz Celebration. The Jay Cees have started working on that now and appreciated the information. 

Eric Obert of JEO gave an update on Prairie Hills. Construction is essentially done with a few odds and ends that need to be taken care of. The contractor and JEO will now be working on finishing the details of the contract. JEO has started working on the assessment plats. They would like to have most of the information for the December meeting if possible and then begin the process of the assessment hearings. Eric estimates some time in January for the assessment hearings. Larry Wittrock noted there are two manholes that were formed out but not completed yet. Roloff Construction will look into that. Water tests have been completed and passed. 

Bob Copple gave an update of progress in the South Ridge Subdivision. Some modifications to the original plan have been made. The detention cell at the entrance to the development has been moved to a property farther north. This allowed for two additional lots and more space for the detention cell. Eastridge Circle has been shortened which eliminated a lot, but this allowed for a rock outcropping with several large trees to be undisturbed. The farmhouse existing on the property has been moved to a location on the West End of town. Grading work has been progressing on the property. At Eric Obert's request a geo-technical firm has been hired to do boring tests and soil samples and those test results have been favorable. Once grading has been completed Bob will be coming back with a new final plat. Bob and Dick would prefer to wait until all changes have been made before bringing a new final plat to the council. Bob showed where they shifted a road in one direction in order to save some very large trees. The total number of lots will be either 58 or 59. The rural area will basically stay the same as previously planned and they plan to take another look at the sewer lift station. The subdivision agreement has not been signed yet. Bob stated they would like to have the new final plat first. Don Harris asked why there was not an agreement on the subdivision before any work is initiated. Bob stated they need to have the final plat first. Don asked why there was not an agreement on the preliminary. Bob answered that he was not aware they needed to have anything to do any grading work. Lorenze Roloff commented that most projects are handled in this way, in that the grading work is done first before any plats or agreements are made. Bob commented that if he were to do it over he would have done all the grading work before they went to an engineer. Fine-tuning will need to be done once the final grading is completed. Don Harris asked if the detention cell would be a part of the final plat. Eric Obert added that the detention cell is part of the storm sewer project for that development. Lorenze Roloff asked if it would be a detention pond or a silt pond? It is actually both. Lorenze asked if the detention cell could be eliminated once the storm sewer is in. Eric commented this would be so, if the storm sewer were piped all the way to the creek. Bob added that if the City wanted to pay to pipe that sewer all the way to the creek, they could eliminate the detention cell. Eric stated this would be a city cost and the price tag would be extremely large. 

The detention cell is a full release cell with a riser pipe that is perforated. It will retain the water to control run off and will drain out. If it fills up with silt, it can be dredged out. The city pipe at the beginning of the property is only a 48" pipe and therefore will not handle the run off without the detention cell. 

Eric Obert was concerned about the geo-tech and the developer has addressed that. There are some areas of substantial fill and he is a little concerned about settlement. Geo Tech has been in contact Eric and he is comfortable with their results. Eric felt the detention pond is a utility because it is built for storm water and he feels it has been sized right. In order for Eric to make a recommendation he will need some additional information from the developers engineer. Bob said it was his understanding that the detention pond was sized for a 100-year rain. Ross Engineering will be providing this information to Eric. Eric added that since there is a large disturbed area there should probably be an NPSD permit and silt fences should be installed. This will help slow down the water and keep the silt out of the drainage way going to Mill Creek. Once that fills up then the City would have to clean it up. Don Harris asked who would maintain the detention pond. Eric said if the property is in the City, the City will have to maintain it. Don Harris asked if it would be a wet or dry cell. This will be a dry cell and will drain completely. 

Lorenze Roloff felt Bob was going about things in the right way. As far as the minor changes even after the plat is filed, they are done all the time and if there are major changes you may have to amend the plat. As long as you don't change the lines, you normally don't have any problems. Mayor Henry commented that he didn't think it was possible to amend the previous plat since it now includes property it didn't in the past. 

Mayor Henry asked Roger Johnson his opinion on whether a stop order should be issued. Roger said it would depend on the nature of the changes including elevations. Bob said they would be bringing the project as close to final grade as they can and then it will be re-surveyed and brought to final grade. Roger said he had seen a stop order issued in Plattsmouth when the grading would cause substantial run-off problems for other properties. Roger said it really depends on the nature of the grading and the impact that grading will have. Roger felt Eric Obert would have a better idea of the effect the grading would have on other properties. Eric felt there was no need for a stop order due to grading. Mayor Henry asked who was overseeing the work being done. Copple has contracted with Geo Technical. 

Rod Petersen felt the changes made were good improvements and did express concern over seeing a new final plat. Rod Petersen was not in favor of a stop order on this project. Greg Manley also felt the improvements to the project were good and he has no problems with the work being done. Don Harris felt the previous SubDivision Agreement was not worth the paper it was written on. Adjustments will need to be made on the new one due to the number of lots. Don Harris is unhappy with the detention pond instead of a storm sewer and the fact the city will have to maintain it. Dave Pankonin felt communication was important and that we need to rely on the attorney and engineer for good advice. Lorenze Roloff felt communication was important to the success of the project. Bill Nessen asked if the Subdivision Agreement would mean annexation. When the previous final plat was approved it was done before the new law went into effect, so it automatically became a part of the City. The agreement can still provide for annexation and it will need to be specified in the agreement. Clete Petrzilka asked if the detention pond on the new property would become a part of the Subdivision Agreement. If it is not part of the subdivision agreement it will not be part of the annexation and will not be the City's responsibility to maintain. Roger noted if it was not part of the Subdivision, the City would have very little control over how it was maintained. Bob added that one of the reasons for moving the detention cell to the new property was to put it more in line with the existing storm sewer. Mayor Henry cautioned the developer to watch the weather and get the silt fences installed if they feel they cannot get the grading cut down to below Elm Street to avoid run-off on to Elm Street. 

Don Harris asked about a storm culvert for about three blocks and the cost involved. Don felt a 6' culvert would handle it adequately. Eric Obert felt the 6' would not be enough to handle the peaks and he felt it would cost at least $250,000 at the City's expense to put this in. Mark Leibman added his concern about our sewer and water use rates and our tax rates five years, ten years and fifteen years down the road. The City needs a development of this type from an economic development aspect. 

Roger Johnson said that for the purposes of this meeting given the work that has been done, he saw no reason to issue a stop order from a legal prospective. Mayor Henry added that the City could not commit funds to getting the water line or sewer line up to the project until the Subdivision Agreement is signed. 

Motion by Petersen, second by Manley to approve the Memorandum of Allocation Agreement with the CRA for Tax Increment Financing. Ayes: Harris, Manley, Petersen. Nays: none. Abstain: Pankonin. Motion carried.

A fifth commissioner is needed for the Louisville Housing Authority Board. Mayor Henry recommended Alan Ragoss be appointed to fill this position on a one-year term. Motion by Pankonin, second by Petersen to approve appointment of Alan Ragoss as a Commissioner for the Louisville Housing Authority Board. Ayes: Harris, Manley, Pankonin, Petersen. Nays: none. Motion carried. 

Bob Copple has requested to purchase water for compaction in South Ridge. They may not need water, but if they do, they would like to buy it from the City. Larry Wittrock noted there is a hydrant across the road from where they are working than can be used to fill the tank. They will be using a 1,500-gallon tank. A record will be kept of how many tanks are needed and the cost computed. Larry did not want to leave a $600 meter laying at the hydrant to measure the water, so it was decided to just keep track of the number tanks filled. The question of how many tanks would they need was asked. Kevin Burr, who is doing the grading, felt that if we keep the moisture we have now they wouldn't need any water, but it we get into a dry area they may need five loads per day. Capacity right now will handle this amount. Discussion was held on an amount to charge. Roger Johnson recommended a charge be made at least equal to what a resident would pay. Motion by Manley, second by Pankonin to charge $2.00 per tank for water. Ayes: Manley, Pankonin, Petersen. Nays: Harris. Motion carried. 

Motion by Manley, second by Petersen to approve payment of Main Street Warrants #98-1-45 through 98-1-54 in the amount of $104,763.89 including interest. Roll call vote: Pankonin, aye; Harris, aye; Petersen, aye; Manley, aye. Motion carried. 

The Sheriff's Department report was reviewed. Total hours patrolled was 231 with 52 calls. 

Mayor Henry attended the Care Center Meeting. Mark Leibman from the Care Center Advisory Board commented the Care Center is running smoothly, however, the major problem they are facing is nursing staff shortages. Mark took this opportunity to update the Council on the Mayoral Advisory Committee recently formed to help with this situation and to promote Louisville. Their first initiative is to attract workers for the Louisville Care Center. There is a shortage nationwide of nursing personnel. The Care Center is currently at 88% occupancy and there is a waiting list, however, those unoccupied beds must remain empty due to the personnel shortage. This is due to regulatory issues and quality of care issues. The actions the committee has taken to date have been to make personal phone calls to friends, family and acquaintances that are RN's or LPN's asking if they were interested in a job or know of anyone who might, exploring way to advertise and a substitute nurse pool, just as the school uses a substitute teachers pool. This would cut down the expense of using the temp help pools out of Omaha. They are also working on creating a relationship with the area schools for an internship program and scholarship/student loan programs. The question has been raised as to whether to upgrade the Care Center to a skilled nursing facility to help attract a younger more career oriented nursing staff. 

The second initiative is aimed at promoting Louisville as a good place to live. They are developing a brochure for the Care Center, Home State Bank, State Parks, Real Estate Company, The Lofte Theater to distribute featuring the area churches, state parks, schools, housing and commercial businesses and services available in town. The brochure will also be on the web address. Mark will be chairing the brochure development. The committee also feels there is a need for a plan for economic development in or around Louisville. They are looking into a variety of possibilities. The Mayoral Advisory Committee meets every Friday morning. 

Larry Wittrock gave the People's Service report. Larry will be talking with Dave Pankonin regarding the price on the new roller and the possibility of having this built. The new well is now functioning without the variable speed drive. Eric Obert and Larry made a punch list of items that need to be completed by Layne Western; this includes an exhaust fan in the fluoride room. OPPD has now run power past the water tower and the variable speed drive may need to be moved to the tower in order for it to operate correctly. 

Mayor Henry advised that the City is beginning to accumulate some money in the sales tax fund. The Street Committee should meet with Randy Payne and look at what he considers to be the worst streets we have in town so we can come up with a plan for the Spring. The Water/Sewer Committee should meet with Larry Wittrock and visit the sewer treatment plant on a monthly basis to keep a hand on any problems there. Mayor Henry noted that several good things have been accomplished in the last year, but now is the time for long-term planning. Any problems with streets or water/sewer should be brought to the committee members attention and they in turn will give the council direction on which way to go with the problem. Jack Faubion has been changing the broken water meters in town. Jack is now able to read the entire town in 2 days with the new handheld reader. This used to take both Jack and Randy two days to read the entire town. Dave Pankonin added that priorities would need to be made. 

Randy Payne gave the Maintenance report. The Street Department is ready for the winter weather. A concrete project was recently completed on Third Street between Elm and Oak. The street was undermined, but no water leaks could be determined and the undermining is believed to be coming from water getting through the cracks in the street. Crack sealing will be completed in that section of Third Street. The wellhouse for well #1 is ready to be dismantled. Eric Obert will also be contacted regarding the pit. The well has been capped. 

Jerry McClun reported the Rural Fire Board had made a decision on a new rural pumper. The new truck will be diesel and the new rescue unit is diesel. It may be beneficial for the City and rural to look at splitting the cost of installing a fuel barrel for the diesel fuel. Road use tax is paid on the diesel for the fire trucks. It will be August before the new truck is delivered. Diesel for the rescue unit is purchased in Springfield. 

Motion by Pankonin, second by Manley to adjourn at 9:40 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, 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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