Mayor Howard Stubbendieck opened the public hearing at 5:50 p.m. on July 12, 2004 at City Hall with the following member of the Council answering roll. Bob McCaulley, Melody Falcone and Ray Frew. Absent: Larry Bauers. The purpose of the public hearing was to consider the request to rezone specific parcels of ground, to revise property line setbacks for small accessory buildings and to add self storage units as a permitted conditional use in a Commercial District. Notice of the public hearing and the regular monthly meeting was given in advance thereof by publication in the July 1, 2004 edition of the Journal, as well as being posted in three public places in the City. Notices of the rezoning proposal were also mailed to all owners of property within three hundred feet of the proposed area to be rezoned.
Following review of the information presented and the Planning Board’s
recommendation for approval of all proposed zoning issues, the public
hearing was closed and the regular monthly meeting was opened with all
members of the Council, except Bauers, answering roll.
Minutes of the June 14, meeting were approved as written.
There being no public objection to the proposed zoning changes, the
following actions were taken: Motion by McCaulley, seconded by Falcone
to approve the rezoning of a parcel of ground in the SW1/4 of the SW ¼
of Section 36-T11N-R11E of the 6th P.M., Cass County, Nebraska (site of
City Maintenance Building and City Reservoir) and Lot 1, Block 1,
Heritage Hills First Addition to the City of Weeping Water, Cass
County, Nebraska, from R-2 (Medium Density Residential) to B-1
(Commercial District. Motion carried with McCaulley, Falcone and Frew
voting aye. Nays None. Motion by McCaulley, seconded by Frew to revise
property line setback provisions in Residential Districts to allow for
a three (3) foot setback from rear and side property lines for
accessory buildings 120 square feet or less. Motion carried with
McCaulley, Falcone and Frew voting aye: Nays: None. Motion by Falcone,
seconded by McCaulley to add self storage units as a Permitted
Conditional Use in a Commercial District. Motion carried with
McCaulley, Falcone and Frew voting aye. Nays: None.
Carter McCann briefed the Council on Dark Fiber Solutions (DFS), which
is a provider of high speed data transport services available to
businesses in Weeping Water.
The Monthly Water/Wastewater Report and the Monthly Maintenance Report
were presented for Council review. No Police Activity report was
Following discussion of the Monthly Health Board Report, the following
actions were noted: Motion by Falcone seconded by Frew to adopt
Resolution No. 04-12, which declares the present conditions on the
Welander property to be a public nuisance and orders a remedy to the
situation. Motion carried with all members of the Council present
answering roll. It was noted that some progress had been made on the
property, but that the adoption of the Resolution was a necessary step
in assuring that property clean up measures continue until compliance
is met. It was noted that city personnel is scheduled to pursue
property clean up of the Beverly Taylor property this week, with costs
for the same to be assessed to Ms. Taylor. Letters sent our regarding
abandoned vehicles with the Council agreeing to allow additional time
for compliance. The City Attorney was advised to send a Notice of
Non-Compliance for the Hickey property and nuisance letters on several
parcels of property in need of mowing.
Motion by Frew, seconded by McCaulley to approve the application of Dan
Welander to the Fire Department, based on recommendation of the Fire
Chief. Motion carried with all members of the Council voting aye.
Members of the Fire Department discussed budget projections and
acknowledged the donation of a computer to the department from Ash
Grove Cement Company.
Discussion of the “Downtown Revitalization Project” was held with the
following updates being noted: Phase One water main has been installed
and awaiting approval of two consecutive water tests before proceeding
with the service line connections. Details of the weekly progress
meeting held earlier in the day were presented. Considerable discussion
was held regarding traffic routing and posted tonnage limits on the
bridge on South East Street, due to the fact that someone had called
the Nebraska Department of Transportation regarding the same and truck
traffic was being stopped. Even though past bridge inspections have
noted no irregularities, it was noted that signs have been ordered and
will be posted which will lower the speed limit and limit the passage
to one truck at a time on said bridge. A motion was made by McCaulley,
seconded by Frew to request cost/share assistance with the County to
pursue an engineering study of the concrete bridge on South East Street
in an effort to increase the posted tonnage information. Motion carried
with all members of the Council present voting aye.
Motion by Frew, seconded by Falcone to approve the CDBG Drawdown #7
requesting a total of $3,233.00 for Engineering and Administration
fees, with the city match being $2,809.19. Motion carried with all
members of the Council present voting aye.
A petition signed by building and business owners adjoining Eldora
Avenue in Weeping Water opposing having Eldora Avenue remain as the
designated truck route after the completion of the Downtown
Revitalization Project was presented for consideration, with action
being tabled for further review, due to the fact that restricting truck
traffic in said area could also affect delivery trucks.
Options for development of the vacant lots owned by the City on Eldora
Avenue were discussed with action being tabled until the Downtown
Revitalization Project is completed.
Motion by McCaulley, seconded by Falcone to adopt the following Resolution:
RESOLUTION NO. 04-11
WHEREAS, Nebraska Revised Statutes, Section 77-27,142.02 provided that
any incorporated municipality is authorized to impose a sales and use
tax after an election on said issue is held and the said sales and use
tax issue if approved by a majority vote; and
WHEREAS, on November 2, 2004, there will be a general election held in
the City of Weeping Water, Nebraska, and it would be an appropriate
time to submit to the Voters the question of whether or not to impose
the imposition of a one percent (1%) sales and use tax by the City of
Weeping Water, Nebraska, for an indefinite period of time, with the
proceeds collected there from to be used for property tax relief and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF WEEPING WATER, NEBRASKA, that the question of whether to impose
a City sales and use tax of one percent (1%) shall be submitted to the
voters of such city a the general election held November 2, 2004;
THAT THIS RESOLUTION shall be submitted to the County Clerk of Cass
County, Nebraska, not later than forty-one (41) days prior to the
November 2, 2004 general election, and that the ballot shall read:
“Shall the governing body of the City of Weeping Water, Nebraska impose
a one percent (1%) sales and use tax upon the same transactions within
the municipality on which the State of Nebraska is authorized to impose
a tax, for an indefinite period of time, with the proceeds collected
there from to be used specifically for property tax relief and
PASSED AND APPROVED this 12th day of July, 2004.
Signed: Howard Stubbendieck, Mayor
Attest: Kay Gerdes, City Clerk
Motion carried with McCaulley, Falcone and Frew voting aye. Nays: None.
Members of the Council reviewed and approved an informational letter
regarding the proposed sales tax issue, which will be sent out to all
Motion by Frew, seconded by McCaulley to renew the city’s membership
with Southeast Nebraska Development District at an annual cost of $800.
Motion carried with all members of the Council voting aye.
Various items presented for discussion with action being tabled
included: Cass County Nebraska Economic Development Council request for
annual support, mosquito control, specific street signs creating
address confusion, and control of small motorized vehicles on city
An update on the construction of the Weeping Water sign being constructed near the ball park was provided.
Weeping Water Housing Authority Board meeting minutes were presented to
advise the Council of pending board action for residents who have
violated the Housing Authority’s Guidelines.
Members of the Council agreed to approve the Agreement between Louis
and Eleanor Baker and Kyle Crawford regarding maintenance of a roadway
past their property.
Mike Spohr reported that Richard Nichols and Bud Mogensen are currently
surveying their property to ascertain if a suitable site could be sold
for additional cemetery ground. He also noted that at this point,
nothing will be pursued until cost estimates can be provided.
Motion by Falcone, seconded by McCaulley to approve the following claims:
Salaries-7,410.19; Alltel, util-711.01; Ameritas, emp ben-513.38;
Aquila, util-185.26; Farmers & Merchants Bank, whlg, bank
s/c-2,344.32; Nebr. Dept. of Revenue, sales tax, whlg-1,098.43; OPPD,
util-3,269.94; Post Office, pstg-74.00; Svoboda & Chebatoris,
prof-1,071.22; United Healthcare, ins-882.99; WW Stoneworks, cap
imp-2,000.00; Reuse Loan-12,000.00; CDBG matching funds-2,403.36;
PeopleService, prof-9,816.00; Cass County Refuse, reimb-8,307.32; Ump
fees: Bob Lawrence-340.00’ Brian Lawrence-300.00; Josh Schreiner-20.00;
Brianna Wipf-20.00; Jeff Sorensen-40.00; Jessie Miller-40.00; Kevin
Lindau-140.00; Kristin Patterson-40.00; Shane Hauschild, reimb-15.00;
Alamar Uniforms, sup-410.40; Alliance Medical, sup-465.70; Aqua Chem,
sup-97.79; B & R Wallrock, maint-150.00;Cass County Sheriff,
prof-2,711.80; Coca Cola Co., sup-54.45; C. Robinson, maint-80.00; EMS
Billing, reimb-355.24; Frenzel Trenching, rep-245.50; Ingram Library
System, bks-330.12; Jacobson Helgoth, prof-14,758.51; Jefferson Pilot
Financial, ins-3,978.86; Keckler Oil, fuel, rep-676.81; Keps Nebr.
Sports, sup-5.90; L & K Electric, rep-150.00; Martin Marietta,
sup-105.16; Meeske Hardware, rep/maint-838.97; Meeske Auto Parts,
rep-20.14; Nebr. U.C. Fund, unemp-5.82; Omaha Pumping Service,
maint-75.00; Reliable Office Supplies, sup-120.01; R. Bauers,
reimb-9.99; Stubbendick Implement, rep-71.35; The Journal, publ-518.86;
Travelers, ins-101.00; Todd Valley Farms, maint-687.00; WW Express
Lane, fuel-127.50; Anita Carr, maint-468.50. Motion carried with all
members of the Council present voting aye.
Motion by Frew, seconded by Falcone to adjourn. Motion carried with all members of the Council present voting aye.
Kay Gerdes, City Clerk