Mayor Howard Stubbendieck opened the public hearing at 5:45 p.m., on June 14, 2004 at City Hall with the following members of the Council answering roll. Bob McCaulley, Melody Falcone, Larry Bauers and Ray Frew. Absent: None. The purpose of the public hearing was to consider action on the Reuse Loan Application of Jennifer Phillips, d/b/a Jenerations Studio Salon. Notice of the public hearing and regular monthly meeting was given in advance thereof by posting in three public places in the city on June 11, 2004.
Members of the council reviewed the information presented regarding the
Reuse Loan Application of Jennifer Phillips. There being no public
objection, the public hearing was closed and the regular monthly
meeting was opened with all members of the council answering roll.
Minutes of the May 10, 2004 meeting were approved as written.
Motion by Bauers, seconded by McCaulley to adopt Resolution No. 04-9,
based on recommendation of the Reuse Committee, which approves the
application of Jennifer Phillips, d/b/a Jenerations Studio Salon for
use of a maximum of $12,000 of program income from the City’s Community
Development Reuse Funds to establish a new business. Motion carried
with McCaulley, Falcone, Bauers and Frew voting aye. Nays. None.
Under Open Forum, Rescue Chief, Chuck Cook addressed the council to
discuss concerns for seeking secure housing for emergency vehicles
during the construction phase of the “Downtown Revitalization Project”,
with the council agreeing to assist in seeking feasible sources. Fire
Chief Earnest West presented available information regarding an
applicant of the Fire Department, presented claims for equipment
purchased at Fire School, discussed equipment needs for the upcoming
budget, and advised of a training demonstration of the new Jaws of
Life, which will be provided to the public at the ball field during
Limestone Days. Motion by Frew to approve the application of Dan
Welander to the Fire Department, which motion was later rescinded and
tabled for completion of the background search. Motion by Bauers,
seconded by Frew to approve cost-sharing with the Rural Fire Board for
the purchase of fire equipment and gear and authorizing reimbursement
to the Fire Department in the amount of $800, which represents one-half
of the total cost. Motion carried unanimously.
Monthly Health Board action included the following: Motion by Frew,
seconded by Bauers to adopt Resolution No. 04-10, which declares the
present conditions on the Wilbur Meisinger property to be a public
nuisance and orders a remedy to the situation. Further discussion
between the Council and Mr. Meisinger allowed six months as the
reasonable time frame to remedy the situation. Motion carried
unanimously. As Beverly Taylor advised that she would be unable to
clean up her property herself, it was agreed that city employees would
coordinate a date and time with her to proceed with the clean-up
process, with the costs for the same to be paid by Ms. Taylor. As Mark
Tittsworth has complied with the specified issues, it was agreed by the
Council to dismiss the pending court action. In regard to previously
addressed areas of concern, the following actions were agreed upon:
Notice of Non-Compliance to be served on Welander property, due to
insufficient progress; allow continued monitoring on the J. Wilson and
R. Hickey property, as progress was noted; City Clerk advised to send
letters regarding abandoned autos; and the City Attorney was advised to
pursue the necessary measures for clean-up of the Capps property. A
lengthy discussion ensued regarding several parcels of property in dire
need of clean-up of weeds, autos and/or other debris, which will be
The Monthly Police Activity Report was presented, in which it was noted
that 188 hours were patrolled during the month with 48 calls of service.
Bruce Sorensen presented the Monthly Water/Wastewater Report and
addressed concerns with a residential sewer line. As the Council felt
the line was installed incorrectly approximately thirty years ago, a
motion was made by Bauers, seconded by Falcone that the City pays
one-half of the costs, up to $1,500, to directional bore a new sewer
line from the Larry Wade property to the main on the south side of
Mulberry Street. Motion carried unanimously.
Rob Bauers presented a report of monthly maintenance activity. Areas of
concern addressed included clean-up of paved street intersections and
complaints of ruts in unpaved streets created by the recent heavy
rains, which will be pursued. Members of the Council were advised of
drainage and erosion problems on the grounds of the swimming pool. As
the City Engineer felt most of the problems would be eliminated once
the vegetation was established, a motion was made by McCaulley,
seconded by Falcone to place sod in appropriate problem areas. Motion
carried unanimously. The Mayor advised that arrangements are being
finalized for the removal of two damaged trees and trimming of the
third tree behind the City Maintenance Building and the removal of a
damaged tree on the pool grounds.
Following review of the four bids received for the Weeping Water Park
Lakes Restoration project a motion was made by McCaulley, seconded by
Falcone to accept the low bid of Pruss Excavation Company of Dodge,
Nebraska in the amount of $226,670.32. Motion carried unanimously. As
recommended by the contractor, the City Council agreed to close the
city lake/park area during construction hours, allowing camping and use
of other facilities only in the evenings and during weekends.
Members of the Council were advised that the Hiking/Biking Trail
Committee recently met to discuss a proposed preliminary trail layout
plan, estimated costs, and matching commitment requirements. It was
noted that Jacobson Helgoth Consultants agreed to pursue the
Intent-To-Apply for grant funds available for trails by the June 30,
2004 deadline for a fee of $l,l00.00.
Motion by Bauers, seconded by McCaulley to approve and authorize the
necessary signature on the new proposed lease agreement with Ash Grove
Cement Company for the upper ball park ground. Motion carried
In regard to the Downtown Revitalization Project, the Mayor executed
the Notice to Proceed forms, which will be forwarded to the contractor.
It was noted that a pre-construction meeting will be held at City Hall
on Wednesday, June 23rd at 10:00 a.m., to discuss construction issues
with any interested parties. Members of the Council were advised that
the Masonic Lodge has agreed to donate funds for the purchase of two of
the six foot benches proposed for the downtown area.
A letter requesting support of the Cass County Nebraska Economic
Development Council at $2.00 per head of the city’s 2000 census figure
was presented for Council review, with action being tabled.
Motion by McCaulley, seconded by Falcone to pursue the preparation of
an ordinance prohibiting engine braking for consideration at the July
meeting. Motion carried unanimously.
It was agreed to post “caution” signs near the curve of North Elm and
“F” Street, due to the fact that an increasingly number of larger
trucks are utilizing said route.
A proposal for the city to purchase additional cemetery ground north
and east of the existing cemetery was presented, with action being
tabled for further review.
Motion by Bauers, seconded by McCaulley to pursue a change in zoning
from R-2 (Medium Density Residential) to B-1 (Commercial District) for
the city property on which the water reservoir and Maintenance Building
are located, as well as a small parcel of adjoining ground.
It was further moved to pursue revision of the Zoning Ordinance to
allow for a three foot setback from rear and side property lines for
accessory buildings 120 square feet or less, and to add self storage
units as a Permitted Conditional Use in a Commercial District. Motion
carried unanimously. The Clerk was advised to pursue the necessary
legal measures in order to proceed with said proposals.
A proposal submitted by the Weeping Water Housing Board requesting two
additional lights on the existing power poles in front of their complex
was tabled for further review.
The Clerk was advised to seek bids for annual audit services for the
fiscal year ending September 30, 2004, as the firm of Rishel &
Pfeifer has advised, in the form of a letter, that they will no longer
perform governmental audits. As the firm advised that they would
continue to prepare governmental budgets a motion was made by Falcone,
seconded by Frew to retain the firm of Rishel & Pfeifer for
assistance with the budget preparation. Motion carried unanimously.
Other items discussed were the completion of recent fire hydrant flow
tests, options for development of vacant city lots across from City
Hall, update on the proposed sales tax issue, budget projections, and
long range planning for the water system.
Correspondence and Housing Board and Library Board minutes were presented for Council review.
A proposal from RCI Technologies, Inc., for a Fixed Asset Management
Program to support GASB 34 was presented, which was denied by the
Monthly Permit activity included: Building Permits: Heartland Community
Bank-tower; Scott Schreiner-garage; Chad Heath-Porch; Andrew
Karnish-Garage, Ed Bergmann-Accessory building. Miscellaneous Permits:
Amy West-fence. Sign Permit: Meeske Auto Parts.
Motion by Falcone, seconded by McCaulley to accept the following
claims: Salaries-6702.48; Svoboda & Chebatoris, prof-300.00;
Alltel, util-654.27; Ameritas, emp ben-512.80; Aquila, util-263.32;
OPPD, util-2567.49; Farmers & Merchants Bank, whlg-1626.84; Nebr.
Dept. of Revenue, sls tx, whlg-1492.37; United Health Care, ins-882.99;
PeopleService, maint cont-9816.00; Cass County Refuse, reimb-7000.00;
Weeping Water Stoneworks, cap imp-4500.00, CDBG matching funds-2403.36;
J. Steinkuhler, league fees-90.00, A-l Sweeping, maint-2400.00; Ump
fees for: Bob Lawrence-380.00; Brian Lawrence-280.00; Pete
Schneider-20.00; Tyson Larson-40.00; Erin Hammons-40.00; Josh
Schreiner-40.00; Kevin Lindau-120.00; Post Office, pstg-74.00; Great
Plains One Call, serv-5.00; Keckler Oil Co., pstg, maint, fuel-294.23;
Quality Fence, rep-155.00; Alliance Medical, sup-233.02; Barco,
sup-42.45; Bickford Electric, rep-415.37; Anita Carr, maint-481.50;
Aqua Chem, sup-331.26; Bimms, sup-463.14; Cass County Sheriff,
prof-2711.80; Cass County Little League, league fees-375.00; Chamber of
Commerce, mtg-6.00; Coca Cola Co., sup-218.10; Country, bks-12.98;
Country Home, bks-21.97; Country Living, bks-24.00; Dale Nielsen Inc.,
rep-537.75; Dokter Trucking, serv-330.00; EMS Billing, reimb-396.15;
Ingram Library Service, bks-299.69; Jacobson Helgoth, prof-2852.08; Jan
Aronson, mlg-25.50; Linweld, sup-86.65; Meeske Hardware,
rep/maint-694.86; Meeske Auto, maint-17.40; Miller Monroe Co.,
ins-9168.50; Mutual of Omaha, resc reimb-417.60; Nebr. State Fire
Marshall, permit-10.00; NOGG, sup-125.35; Olsson Associates, prof cap
imp.-1215.90; Omaha Pumping, maint-75.00; Pete Nachtigall, rep-69.00;
Reliable, off sup-219.59; Shaffer Communications, equip-385.43; Sign
& Screen Design, sup-385.43; Stubbendick Implement, rep-78.86; The
Journal, publ-315.67; WW Express Lane, fuel-269.65; WW Fire Dept.,
equip reimb-800.00. Motion carried unanimously.
Motion by McCaulley, seconded by Falcone to adjourn. Motion carried unanimously.
Kay Gerdes, City Clerk