August 15, 2000

The LaGrange City Council- met in session on Monday evening, August 14, 2000 at 7:20 p.m., with Mayor Harold L. Ludwig presiding and the following Council members present: Griesbaum, Lowe, Martin, Sherwood, Rossiter and Wiewel.
*Copies of the minutes from the July 10, 2000 meeting were given to the Council. Mayor Ludwig asked for additions or corrections. Martin motioned to accept the minutes. Lowe second the motion. Motion carried all five yes. Griesbaum abstained due to not being at last months meeting.
*Copies of the minutes from the July 18, 2000 committee meeting were given to the Council.Mayor Ludwig asked for any additions or corrections. Wiewel motioned to accept the minutes. Martin second the motion. Motion carried all five yes. Griesbaum abstained due to not being at last months meeting.
*A listing of bills were given to the Council. Mayor Ludwig asked if there was any questions or comments. Wiewel motioned to pay the bills submitted. Lowe second the motion. Motion carried all six yes. 
*Copies of the Treasurer Report were given to the Council. Mayor Ludwig, asked for questions or comments. Sherwood asked if the flushing of hydrants and leaks indicated on the report were estimated amounts. Vaughn stated they are a guess. Rossiter motioned to accept the treasurer report. Sherwood second the motion. Motion carried all yes.
*Visitor: Lannie Henze of 209 South 8th, stated he had a couple of questions for the Council. Henze first stated once a month the chlorine is so strong you can’t breath, plus there is such a fluctuations in the water pressure. At 4:30 in the morning it start out find and they it goes down to nothing while trying to take a shower. The next complaint is a tree in front of his house on the City right a way. Henze stated about a year and a half ago trees all around him had been trimmed by not this dead tree. Henze stated he did not know who had done the trimming. Henze stated this tree was either going to fall on his house or his neighbor’s house.
Mayor Ludwig asked it there were any power lines going through the tree. Henze stated under the tree and it was going to his house. Henze stated he had been in contact with Ameren regarding this tree. Mayor Ludwig stated Annette Sweet from Ameren said they have changed their policy on cutting trees. If there are power lines going through the tree it would be cut but
not if it is a service line. They would drop the lines to allow the tree to be cut by the home owner. Henze stated he wanted in the records that he brought this before the Council, because the tree is dead and it is going to fall. Mayor Ludwig stated he is not aware of any trees being cut by the City. Henze also asked the Council about having the City come up and knock the
high center out of the ally behind his house, and he would pay for the gravel. Henze stated nothing smaller than 2” should be placed on this ally. Mayor Ludwig stated he had asked the Council about doing this for other citizens and the Council turned it down since the City does not maintain ally’s. Henze stated neither he nor his neighbors have the equipment to take out the high spots. In the winter this ally drifts shut. Again Mayor Ludwig stated the City does not maintain ally’s. Henze stated if the center was level he would pay to have the ally plowed. Rossiter asked if the City ever thought about doing a removal program like they do now with sidewalks. Possibly set a limit of 6 to 8 trees. Rossiter stated he did not know the cost of removing a tree. Mayor Ludwig stated it is very expensive. Griesbaum stated he has been getting bids to remove a walnut tree from his yard and the cheapest bid so far has been $1200. Mayor Ludwig stated personally he did not feel this was something the City should get into. Lowe stated in 1980 he was told the City did not cut down trees, and Mayor Ludwig stated back in 1966 he was told the same thing. Mayor Ludwig stated this problem is not something that has just popped up. Griesbaum stated there is a form in City Hall that has home owner cuts a tree. Lowe stated with getting rock to the ally the City could look into this matter. Wiewel asked if the City can haul the gravel and spread it out. Mayor Ludwig stated the City does haul gravel to ally’s on the request of the home owners and the home owner pays for the gravel. The guys do their best to try and get it. level, but they do not use City equipment to level out the ally’s. Rossiter stated he did not see nothing wrong with the City taking out the high spot in this ally. Griesbaum stated this would open a can of worms. Martin stated this is true, where does the City draw the line. Rossiter motioned to have Kenny Powers meet with Lannie Henze to check into the leveling of the ally and to haul the gravel with Henze to pay for the gravel. Lowe second the motion. Motion carried four yes, with Sherwood and Griesbaum voting no. Mayor Ludwig stated he would check into Henze’s other complaints about the water. Henze stated that was great, but as long as it is in the minutes he had brought the matter before the Council regarding the tree.

*Visitors: Larry Seckington and John Morthland, the Attorney’s representing Mark Twain Gaming, spoke to the Council. Seckington stated he had spoken to Kruse about a pending lease on the land where they plan to have a water basin. Seckington stated they would like to purchase this property to release the City of any liability. The project is under way and their contractor has assured them he will stay on the project. Power lines, phone line and other utilities have to be relocated and all necessary agencies have been contacted. Seckington stated they are presently having application forms being printed up, and he hoped they would have been finished for tonight’s meeting. Once they are completed he will see that City Hall receives them. It will probably be after the first of the year or early February before they start to hire. Now with the vendors they will start looking into them in October or November of this year. The vendors need to contact them with a letter of introduction regarding their business, the kind of service they have to offer. Sherwood asked regarding the construction, where the road is closed down by John Whites residence, he was wanting to know if White would still receive half of the current closed section of road down to the southern property line. Because at present the road-closed signs are set up further. Seckington stated he would receive what was agreed upon. Martin asked if the Soccer league would be able to use the Oyster park. Seckington stated at present he was not aware of any construction for this location. Seckington stated he would have to meet with someone from the soccer league and there would have to be waivers. Martin stated waivers are signed now since there is no insurance for this program. Morthland asked if the parents sign this form. Martin stated yes. Seckington stated he did not see any problems, but Mark Twain Casino LLC would have to be added to this form to release any liability. Martin stated his next question was since nothing is being done with the property Mark Twain needs to see about having this and other leased or purchased property mowed. Martin stated it is hard to enforce for local residents if Mark Twain is not going to follow the City ordinance on height of weed. Seckington stated they would get the matter taken care of. Mayor Ludwig asked for a

A motion to go into closed session for discussion of real estate. Griesbaum made the motion to go into closed session. Lowe second the motion. Motion carried all six yes. Griesbaum motioned to go back into session. Wiewel second the motion. Motion carried all six yes. Mayor Ludwig stated he would like a motion on the discussion held in closed session regarding the real estate. Martin motioned to sell lots 9, 10, ii, 12, 13 and 14 in Block 22 of Marlows addition, to Mark Twain Casino LLC for $5,000. This sell is above and beyond the recent purchased property of lots 1,2,3,4 and 5 in block 2. Rossiter second the motion. Motion carried with the following roll call vote: Griesbaum YES, Wiewel YES, Martin YES, Sherwood YES, Rossiter YES and Lowe YES.

Seckington stated he would get the check to Morthland and Morthland and Kruse can work together to get the memorandum corrected.

*Mayor Ludwig stated the next item is a reso1ution to approve and ratify the City’s Sale of Land to Mark Twain Casino LLC. Mayor Ludwig read the resolution to the Council. Martin motioned to accept and sign the resolution. Lowe and Griesbaum second the motion. Motion carried with the following roll call vote: Lowe YES, Rossiter YES, Sherwood YES, Martin YES, Wiewel YES and Griesbaum YES.

*Committee Reports: Sherwood asked Fire Chief Heindselman had present the Council with a copy of hydrant checks through out the City. According to the report they appears to be 8 hydrant with disabilities. One in specific has been repaired with duct tape. Griesbaum asked if any of the hydrant could be fixed. Vaughn stated a lot of the hydrants are old. Heindselman stated the problem on paper does not look serious, but should there be a fire and they try hooking up to one of these hydrants it could get very serious. Rossiter asked Vaughn if he had seen the list. Vaughn stated yes. Rossiter asked Vaughn if he agreed with the list. Vaughn stated no because he was not with them when they done the testing. Heindselman stated it was done with volunteer help from the Firemen and it was done when he had the help. Griesbaum stated it would have been nice to have Vaughn with them when it was being done. Rossiter stated each one of the hydrants on this list should be checked to see if they can be fixed or what it would take to correct the problems. Rossiter stated he was sure there was not anyone out there that would want a hydrant that does not work. Sherwood stated a lot of time for insurance purposes it is asked where is the nearest hydrant. Heindselman stated other dept., place out of service stickers on these hydrants so the fire dept., know not to try and connect. Rossiter asked Vaughn what would it cost to replace a hydrant. Vaughn stated $1000. Rossiter asked it Vaughn had any on hand. Vaughn stated one. Heindselman stated Ewing, Canton and Lewistown had talked about getting together to purchase hydrants, and if a large quantity is purchased they could possibly get them between $400 to $500. Sherwood asked if the leaks were bad enough to hamper should there be a fire. Heindselman stated a lot depends on the temperature. Martin stated that it was budgeted to replace six hydrants this year and the cost given was $650. Vaughn stated that cost was strictly for the hydrant at three feet and not any other parts. Griesbaum asked if Vaughn had ordered these hydrants. Vaughn stated no he was not to just go out and order these. Rossiter asked if there was specific locations for these six hydrants. Vaughn stated two at present one on Rt C and next to Elmer Logans, and possibly up by Kelly Murphy’s. With the Murphy’s having 15 to 18 kids in there home this should be one of the highest on the list to replace. Sherwood asked Heindselman if he would check into the matter of getting the hydrants with the other Cities. Heindselman state he was going to leave this up to the City because he was really busy. Sherwood asked who he should contact. Heindselman stated the Fire Chief in La Belle Greg Dorsher. Rossiter stated in the mean time Vaughn should be given this list and fix the ones that can be fixed and a list of hydrant that needs to be replaced. Discussion was held on the fire hydrant down by Cindy and Eddie Caseys. Mayor Ludwig asked if there were any kind of repair kits for hydrants. Vaughn asked what kind of money did the Council want him to put back into these hydrants. Mayor Ludwig stated if the City can purchase new hydrants at $400 he could not see putting more than $150 into them. Martin stated the water committee should meet next week over this matter. Heindselman stated he would get information from ISO on hydrants. A question was asked if this would raise the cost of hydrants. Heindselman stated yes. Sherwood asked with the ones that would not open did the guys use a cheater bar or pipe wrench. Heindselman stated they don’t carry cheater bars or pipe wrench on they trucks. Sherwood asked Vaughn if he used a cheater bar or pipe wrench to lock down the hydrants. Vaughn stated a 36” pipe wrench. Sherwood asked if the hydrants had seals and if they could be replaced. Vaughn stated some of these hydrants run back to 1930 to 1940’s. Griesbaum asked if the problem could be where the hydrants are not opened very often. Vaughn stated most are opened when they flush hydrants. Sherwood asked about cost of seals. Vaughn stated he was not sure since he had never taken a hydrant apart. Mayor Ludwig stated next time

a hydrant is replaced, Vaughn is to take it apart. Wiewel asked if the water tower was going to be inspected this year. Vaughn stated it would be done next year. A water committee meeting was scheduled for 08/22/00 -at 7:00 p.m.

Sherwood asked Heindselman if Kenny Wiesemann had ever gotten over here to change the packing. Heindselman stated no. Sherwood state Wiesemann had told Danny Logsdon that the cost of packing was $60 and labor would run from $100 to $150. Sherwood said Wiesemann basically told Logsdon a new truck was needed. If the pump shift was bad in this truck the repair bill could run from $15,000 to $20,000. Mayor Ludwig asked Sherwood to contact Logsdon.

*Sherwood stated Heindselman had present a copy of information on a truck from New Jersey. On the truck was $20,000 worth of equipment and they are asking $50,000 for the truck. Further discussion was held on the equipment and truck. Heindselman stated he has been asking around and so far to get the truck here on a trailer one cost was $3000. Discussion was held on a yearly lease purchase agreement. Mayor Ludwig is going to contact the New Jersey Dept., and a Fire/Finance Committee meeting has been scheduled for 08/21/00. The Rural Fire Board is going to be invited to get their feelings on purchasing this truck. A special Council meeting will be held immediately following the close of the committee meeting.

*Heindselman asked about getting bids for bunker gear. Permission was given to seek bids and to have the bids presented at the next regular scheduled Council meeting.

*police Committee: Wiewel stated he had been asked by Chief Baker to ask permission from the Council about purchasing four new tires for the blue police car. Chief Baker can purchase these tires at the same cost of $50. Lowe motioned to allow the purchase. Sherwood second the motion. Motion carried with five yes and Rossiter abstained.

*Martjn motioned to take a five minute recess. Wiewel second the motion. Motion carried all six yes. Wiewel motioned to go back into open session. Lowe second the motion. Motion carried all six yes.

No further reports were received.

UNFINISHED BUSINESS: There was no unfinished business presented to the Council. NEW BUSINESS: Ordinance #401 was presented to the Council setting the City tax rate at .89 cents per $100 valuation. Sherwood motioned for the first reading of proposed ordinance. Wiewel second the motion. Motion carried all six yes. Wiewel motioned to have the second reading of proposed ordinance. Martin second the motion. Motion carried all six yes. Martin motioned for the third reading of the proposed ordinance. Griesbaum second the motion. Motion carried all six yes. Sherwood motioned to adopt ordinance #401. Martin second the motion. Motion carried with the following roll call vote: Griesbaum YES, Wiewel YES, Martin YES, Sherwood YES, Rossiter YES, and Lowe YES.

*Insurance Quote: The new insurance quote was presented to the Council. The only increase to the insurance was due to the purchase of newer and additional equipment. Sherwood motioned to accept the quote. . Griesbaum second the motion. Motion carried all six yes.

*Dept of Natural Resources - Legislature recently passed Senate Bill 741 which revised the fees on state water pollution control permits. The permit fees on wastewater treatment plants operated by public entities have been replaced by a “service connection fee” that shall be paid by the customers of public sewer systems. This new collection will start next year and will be in addition to the primacy fee that the City now collects and sends into the State. City Clerk Spindler is to contact Philip A. Schroeder,. Permits Section Chief to find out what the cost will be for citizens.

*Mayor Ludwig stated a problem has been brought to his attention by several home owner regarding water run off from Ron Neer's new apartments and storage shed. Water is running down on to Penny Whites property and then going over to Mrs. Slater’s property and making it

hard for her to get in or out of her drive way. Mayor Ludwig stated he did not feel Mrs. White should be responsible for paying to have a tube installed when there had never been a problem before. Pictures of this problem were presented to the Council. Griesbaum motioned to have the City purchase and install tubes from the end of Neer's property going to Monroe Street. Rossiter second the motion. Motion carried five yes with Martin voting no.

‘Relay for Life - Theresa Gunsauls asked the Council for permission to use the Fire Station to have a car wash with donations going to the Relay for Life, American Cancer. Sherwood asked what if there was a fire. Gunsauls stated she hoped they would move the trucks just for a few hours in case there was a fire, Martin asked why not use the new Fire Station. Gunsauls stated because of the location. On main street more people will see what is happening. Rossiter asked Heindselman if he had a problem with this. Heindselman stated no. Lowe motioned to allow Gunsauls the use of the Fire Station. Rossiter second the motion. Motion carried all six yes.

*Horse Shoe Pit - Rossiter stated he had been asked if the City would install another horseshoe pit in the part next to the existing location. Wiewel motioned to allow this pit to be installed. Lowe second-the-motion.~ Motion carried all six yes.

*Cover for basketball pole - Mayor Ludwig stated he had been asked about putting some type of cover on the basketball pole. Discussion was held on different types of covers. No action was taken.

*Griesbaum asked for a vote to go into closed session regarding the discussion of personnel. Lowe second the motion for the vote. Vote carried all six to go into closed session. Griesbaum motioned to go back into open session. Rossiter seconded the motion. Motion carried all six yes.

*Griesbaum stated he would like to make the motion to have a memo sent to the City employees of the Water and Street Department that the Council has given their full permission for the hours to stay at 7:00 to 4:00 and 8:00 to 5:00 with the employees alternating the weeks. Wiewel second the motion. Motion carried with the following roll call vote: Griesbaum YES, Wiewel YES, Martin YES, Sherwood NO, Rossiter YES, Lowe YES.

Having no further business before the Council. Griesbaum motioned to adjourn the meeting. Wiewel second the motion. Motion carried all six yes.