CITY OF LOUISVILLE

BOARD OF TRUSTEES

December 13, 2000

LOUISVILLE, NE

A regular meeting of the Board of Trustees and Mayor /Council Reorganization of the city of Louisville was held on Wednesday, December 13, 2000 at 7:00 p.m., at the City Hall. Present were Chairman McManis; Trustees: Jim McClun, Frank Evans, Wayne Chriswisser and Kevin Bender. Also present: Attorney Morten 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 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 Chriswisser to approve the Consent Agenda which includes: City minutes of November 8, 2000, City and Care Center warrants; treasurer's report; investments and transactions, City administrative reports; acknowledgement of Planning Commission minutes; building permits. A lengthy discussion followed regarding the billing from Attorney Morten. Chairman McManis closed the discussion and acted on the motion to approve the consent agenda. Ayes: Evans, Chriswisser, McClun, Nays: Bender, Abstain: McManis. Motion carried. 

Motion by Evans, Seconded by McClun to temporarily adjourn as Board of Trustees, ayes: Evans, Chriswisser, McClun, McManis, nayes: Bender. Motion carried. Motion by McClun, Seconded by Evans to convene as Board of Adjustment, ayes: Chriswisser, Evans, McClun, McManis, nays: Bender. Motion carried. Al Lown requested a setback variance of 25' for the front yard for property at the corner of third and Cherry Street. Al Lown noted there is no maintenance to the alley behind his house and neighbors house. McManis explained the reason being there is a sewer main just below ground level, which does not allow for grading also the rock formation just below consequently a bad condition. If Mr. Lown is willing to accept explanation the board feels there is no request to deny request for variance. No further discussion. Motion by McManis to close hearing, second by McClun, ayes: Bender, Chriswisser, Evans, McClun, McManis. Motion carried. Motion by Evans, second by Chriswisser, to approve variance for Al Lown, ayes: Chriswisser, Evans, McClun, McManis, nays: Bender. Motion carried. 

Motion by Evans, Second by McClun to adjourn as Board of Adjustment and reconvene as Board of Trustees, ayes: Bender, Chriswisser, Evans, McClun, McManis. Motion carried. 

Motion by McClun, second by Chriswisser to approve Al Lown detached garage on lots 131 and 132, ayes: Chriswisser, Evans, McClun, McManis, nays: Bender. Motion carried. 

Eric Obert of JEO discussed final items for the downtown improvement project, which included the 6" concrete paving at the intersections of third, first and second, and the problem of where to stop the concrete going east and west; brick and mortar foundation work and the coal chutes and windows that had to be taken care of before the soil was compacted; excavation, particularly at City Hall and in front Louisville Antiques due to the poor soil that would not produce good subsoil; and the existing storm sewer. Bender noted concern over the extra costs that should have been planned for in the bid and the extra time needed to complete the project. McManis pointed out that even though it was agreed there was a $3,000 difference in the time they were allotted and the time they finished, after reviewing the board decided to forego that because the city was offered and allowed to use a number of pieces of equipment during that construction period. Bender asked if there was any deduction for the project not being completed on time. McManis stated that was the $3,000 the city did not pursue since they were allowed to use the equipment. No further discussion. 

Motion by Evans, second by McClun to introduce Resolution 200-48 99 PW 008 Street dist. 98-1 (Main St) Ded drawdown #16 & warrants to include M E Collins pay requests $132,466.52, JEO $4,000, Sendd $1,471.68, City Adm $602.34, Insituform $1,934.40, Ameritas $1,119.28 and suspend the three required statutory readings, ayes: Chriswisser, Evans, McClun, McManis, nays: Bender. Motion carried. 

Motion by McManis, second by McClun to approve change order #3 in the amount of $15,731, ayes: Evans, Chrisiwisser, McClun, McManis, nays: Bender. Motion carried. 

Motion by Evans, second by McClun to adopt Resolution 2000-48, ayes: Chriswisser, Evans, McClun, McManis, nays: Bender. Motion carried. 

Eric Obert requested the recommendation and acceptance of the one-year warranty for the contractor to begin today (December 13, 2000) and final payment is due for both Group A and Group B. Discussion followed regarding what types of damage would be covered under the warranty. Motion by Evans, second by Chriswisser, to accept the one-year warranty for the contractor and make final payment for Group A and Group B, ayes: Chrisiwisser, Evans, McClun, McManis, nays: Bender. Motion carried. 

Motion by Bender, second by Evans to approve Resolution 2000-49 & 50, drawdowns #8 Rehab project for $18,370 and #9 for $13,523 ayes: Bender, Chriswisser, Evans, McClun, McManis. Motion carried. 

Chairman McManis recommended ordinances 698-707 be tabled by the Board of Trustess and carried over to the new City Council. Discussion followed regarding compensation for the chairman of the board and board members per meeting and the fairness of the compensation regarding duties beyond attending the board meetings and in cases of illness. Board members are not compensated for missed meetings. Discussion closed. Motion by McManis , second by Chrisiwsser to table ordinances for new city council. Roll call vote: McClun, aye; Bender, aye; Chriswisser, aye, McManis, aye; Evans, nays. 

McClun requested consideration of reimbursement of legal fees incurred by Randy Payne. After some discussion motion by Chriswisser, second by Bender to deny request for reimbursement of legal fees incurred by Randy Payne. Ayes: Bender, Evans, McClun, McManis, nays: McClun. Motion carried.

Chairman McManis asked Attorney Morten if he had placed "legal briefing" item on the agenda. Attorney Morten stated he did not place this item on the agenda. Item was bypassed. 

Motion by Evans, second by Bender. to adjourn as Board of Trustees for year ending December 13, 2000. Ayes: Bender, Chriswisser, Evans, McClun McManis. Motion carried. 

Reorganization of Mayor and City Council

Oath of office administered by McManis to new Mayor and City Council members. Candace McClun notarized oath of office.

Nomination of Petersen for President of City Council made by Pankonin. Motion by Manley, second by Harris to elect Petersen as President of City Council. Ayes: Harris, Manley, Pankonin; Abstain: Petersen. Motion carried. 

Nomination of Pankonin for Vice President of City Council made by Harris. Motion by Petersen, second by Manley to elect Pankonin Vice President of City Council. Ayes: Harris, Manley, Petersen; abstain: Pankonin. 

Appointments:

Mayor Henry nominated Roger Johnson of Plattsmouth for City Attorney. Motion by Manley, second by Harris to approve Roger Johnson as City Attorney. Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried.

Mayor Henry nominated Candace McClun as City Clerk/Treasurer. Motion by Manley, second by Pankonin, to approve Candace McClun as City Clerk/Treasurer. Ayes: Harris, Manley, Pankonin, Petersen; Nays: none. Motion carried.

Mayor Henry nominated Cass County Sheriff for police protection. Sheriff Bruggeman was present to discuss protection and payments on existing contract. Contract is for 42 hours over 7 days for $3,374 per month. No payments have been made to Cass County Sheriff's office since May or June. Cass County Sheriff's office would still respond to calls even if not on contract. Motion by Manley, second by Pankonin to approve Cass County Sheriff's Department as police protection. Ayes: Harris, Manley, Petersen, Pankonin; Nays: none. Motion carried. 

Mayor Henry nominated JEO for City Engineer. Motion by Petersen, second by Pankonin to accept JEO as City Engineer. Ayes, Manley, Pankonin, Petersen, Nays: none. Motion carried. 

Mayor Henry nominated Mike Keyes as Fire Chief. Motion by Petersen, second by Harris to approve Mike Keyes as Fire Chief. Ayes: Harris, Manley, Petersen, Pankonin; Nays: none. Motion carried.

Mayor Henry discussed an inter-local agreement with Cass County Zoning for building inspector. Pankonin questioned if existing contract with Krejci until August 2001 would be void with new City Council. Attorney Johnson would like to review information. Motion by Manley, second by Pankonin to table appointment of building inspector to January meeting. Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried.

Mayor Henry nominated the following for Board of Adjustment: Morris Beck, Planning Commission Member; Greg Scholting, member from one-mile jurisdiction; Marvin Kupke, Jim McClun and Bob Derby, at large from the City; Bob Keiter is alternate. Motion by Manley, second by Pankonin to approve those nominated for Board of Adjustment. Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried. 

Committee Appointments:

Mayor Henry suggested tabling committee appointments for Water & Sewer, Streets and Parks and Recreation until January meeting due to difficulty of volunteers to serve and the ordinances tabled earlier in the meeting. Motion by Manley, second by Petersen to table these committee appointments. Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried. 

Mayor Henry nominated the following for Board of Health: Dan Henry, Mayor; Rod Petersen, Council President; Jerry McClun and Linda Heard. Motion by Pankonin, second by Manley to approve Board of Health. Ayes: Harris, Manley, Pankonin; abstain: Petersen. 

Water planning grant application (Sendd) was discussed to help defray the cost of the water study being completed by JEO Engineering. Eric Obert explained the time frames involved and the procedure for the use of money available. Application must be submitted in January. Motion by Pankonin, second by Petersen to apply for water planning grant application (Sendd). Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried. 

Discussion on Rehab application 99 LOU 15. Motion by Manley, second by Pankonin to approve contract of $16,293 to Graham Construction. Ayes: Harris, Manley, Pankonin and Petersen; nays: none. Motion carried.

Motion by Petersen, second by Manley to accept Maintenance Agreement #55 in the amount of $725 for maintaining the one-lane mile. Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried. 

Mayor Henry stated the previous board had recommended the Hwy 66 bypass to be the Fifth Street Bridge. Bob Copple spoke on behalf of the BUILD Committee that the Hwy 66 bypass would be the choice of route instead of bringing the traffic back through Louisville. A letter from Ash Grove also supported the bypass route indicating Ash Grove would pursue an access south of the plant on to Hwy 66. Jim McClun stated he had received a letter from the State of Nebraska indicating that due to a lack of interest for the bypass route, they would go ahead with the Fifth Street bridge route. Frank Evans stated the Fifth Street Bridge would be part of a 5-year plan and the bypass route would be part of a 25-year plan. Entrance to the plant would be made regardless of route chosen. Mark Leibman requested the City Council communicate with the State to establish a record that the bypass route was be the most desirable. Discussion from the audience followed regarding the A-1 route. Consensus of audience was the southern most route, or A-1 route, would be most desirable. Motion by Pankonin, second by Petersen to communicate by letter to the State Department of Roads that the A-1 route will be the most desirable choice for bypass. Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried.

Brian Heard explained the possibility of a non-potable well on school property for the purpose of watering for the school, water for the fire department and selling water. Interest in this project is with Ed Kasl, Superintendent of Schools, and the Rural Fire Board and village board. The well would pump approximately 150 gallons per minute and the cost would be approximately $15,000. Discussion followed with the audience regarding the water shortage problem last summer and the potential as a source of revenue when selling water to highway projects. It was noted this well would not be drinkable water and the cost would be shared with the school and Rural Fire Board. Motion by Petersen, second by Manley to form a committee to pursue the possibility of a non-potable well. Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried. 

Mayor Henry nominated Clete Petrzilka and Paul McManis to the Planning Commision to fill vacancies as a result of the election. Motion by Manley, second by Harris to approve the nomination of Clete Petrzilka and Paul McManis to the Planning Commission. Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried.

Maureen Gulizia reported on the Christmas decorations. Donations to the fund have cut the cost in half. The business owners own the lights and may change the colors as they wish. A final bill has not yet been received from Yard Art. Motion by Manley, second by Petersen to table final bill until January. Ayes: Harris, Manley, Pankonin, Petersen; nays: none. Motion carried.

Eric Obert explained the storm sewer and possible detention pond for the Prairie Hill Street District and the easement on the Maxon property and the problems of gravity and lift stations. Previous board agreed to pay Maxon $7,500 for 20' easement for sanitary sewer and water line through his property. Further study indicates a larger easement of 60' is needed and a new amount of $12,500 was arrived at. .Maxon requested payments be made in two installments. One-half in 2000 and one-half in 2001 for tax purposes. Payment will come out of the street fund. Maxon will mow and maintain easement area and city will move trees at East End and maintain erosion control. Motion by Manley, second by Petersen to pay Don Maxon $12,500 for a 60' wide easement through his property which could include a water line, a sewer line and a storm sewer. Roll call vote: Harris, aye; Manley, aye; Pankonin, aye; Petersen, aye; Motion carried. 

Eric Obert of JEO presented the bids received on the Phase 1 of the Water Supply Well. Two bids were received; one from Sargeant Drilling and one from Lynn Western, with the Lynn Western bid being the lower bid at $24,477 with a start date of January 15, 2001. This would be for phase 1, which is the drilling. Phase 2 will be the building and controls and Phase 3 would be removal of specifications/laterals and install residential pump station. Motion by Manley, second by Pankonin to accept Lynn Western bid of $24,477 for Phase 1 Well Project. Roll call vote: Harris, aye; Manley, aye; Pankonin, aye; Petersen, aye. Motion carried. 

Discussion followed regarding the Phase 2 and Phase 3 of the project and the publishing of bids. Eric Obert recommended the same company doing the well should do the pump and casing as it would be easier to deal with one company. Eric Obert requested approval of Phase 2 due to time constraints and to get information submitted to the Department of Health. Eric Obert has a target date of April for the new well to be in service. Motion by Petersen, second by Manley to approve Phase 2. Roll call vote: Harris, aye; Manley, aye; Pankonin, aye; Petersen, aye. Motion carried. 

Mayor Henry suggested tabling the Resolution 2000-43 and Ordinance #696 tabled by the previous board until the January meeting so Attorney Johnson can have an opportunity to look over them. Motion by Manley, second by Petersen to table Ordinance #696 until the January meeting. Roll call vote: Harris aye; Manley, aye; Pankonin, aye; Petersen, aye. Motion carried. Motion by Pankonin, second by Manley to table Resolution 2000-43 until January meeting. Roll call vote: Harris, aye; Manley, aye; Pankonin, aye; Petersen, aye. Motion carried. 

Cass County Sheriff reported 194 hours patrolled for the month with 36 calls for service and 22 citations issued. Sheriff Bruggeman discussed sample ordinances they are mailing out to city councils in the area for their review. 

No Care Center report.

Larry Wittrock gave report on Peoples Service and flushing of hydrants in town. 

Candace McClun presented the bid for the replacement of the kitchen at the Library from David Kildow of Springfield. The Library Board approved the bid for the 42" upper cabinets with payment to be made from the Library Trust Fund. The refrigerator selected is at Mega Mart and will include an icemaker. Request
was made to have city maintenance prime and paint the wall before work is started. City maintenance was also asked to move donated cabinets for historical items to the basement. Motion by Petersen, second by Harris to approve improvements to the Library with payment from the Library Trust Fund. Roll call vote: Harris, aye; Manley, aye; Pankonin, aye; Petersen, aye. Motion carried. 

Greg Manley reported on the election of new officer for Louisville Volunteer Fire Department. Officer's elected are: Chief, Mike Keyes; 1st Assistant Chief, Jerry McClun; 2nd Assistant Chief, Randy Payne; Rescue Captain, Karen Schliefert; 1st Assistant Rescue Captain, Theresa Chriswisser; 2nd Assistant Rescue Captain, Anthony Warner; President, Wayne Chriswisser; Vice President, Jack Faubion; Secretary/Treasurer, Jason McClun. 

Rhonda Anderson reported on the Jaycees plan for Louisville Days next year and the election of new officers. Plans are again have the Louisville Days Celebration on Memorial Day weekend. Motion by Petersen, second by Pankonin to approve Memorial Day weekend as the date for the Louisville Days Celebration. Roll call vote: Harris, aye; Manley, aye; Pankonin, aye; Petersen, aye. Motion carried.

A citizen addressed the council regarding how water bills are calculated and the reasoning for multiple bills being sent to locations with only one meter. Discussion followed regarding bills being sent per residence or business, not necessarily per meter. Mayor Henry asked that further study be done regarding this practice along with water rate schedules and Peoples Service contract. 

Discussion followed regarding the changing of election of city council members from an east and west precinct to an at large election. Attorney Johnson will look in to requirements needed for change.

Motion by Petersen, second by Manley to enter into Executive Session at 10:00 p.m. to discuss personnel. Ayes: Harris, Manley, Pankonin, Petersen, nays: none. Motion carried. 

Motion by Manley, second by Harris to exit Executive Session and adjourn at 10:45 p.m. Ayes: Harris, Manley, Pankonin, 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 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
Clerk/Treasurer


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