Weeping Water Nebraska
The regular meeting of the Mayor and Council of the City of Weeping Water was convened in open and public session at 6:00 p.m. on August 9, 2004 at City Hall. Mayor Howard Stubbendieck called the meeting to order with Councilmembers Bob McCaulley, Melody Falcone and Ray Frew answering roll. Absent: Larry Bauers.

Notice of the meeting was given in advance thereof by publication in the August 5, 2004 edition of The Journal.

Mintues of the July 12, 2004 meeting were approved as written.

Ben Day of Olsson Associates provided an update on the “Downtown Revitalization Project” construction and distributed a current construction schedule for review. Motion by Frew, seconded by McCaulley to approve Pay Request #1 submitted by M.E. Collins Contracting Company, Inc., in the amount of $113,317.20. Motion carried with all members of the council present voting aye. Motion by Frew, seconded by Falcone to approve Change Order #1, resulting in a net increase to the original contract price in the amount of $5,378.00, which covered, due to unforeseen conditions, removal and resetting of a landscaping retaining wall, established unit prices for 7 inch concrete driveways, as well as 4 inch and 6 inch gate valves with valve boxes, and proper removal of underground storage tanks. Motion carried with all members of the council present voting aye. Discussion was held regarding the milestone target date for substantial completion of Phase I of the project as set forth in the construction contract, with official action being tabled until the September meeting.

Larry Bauers entered the meeting at 6:30 p.m.

Motion by Frew, seconded by Bauers to approve CDBG Drawdown #8, which provides for CDBG funds in the amount of $51,070.97 and city matching funds in the amount of $63,538.82 for construction and administration costs to date. Motion carried unanimously.

Bruce Sorensen presented the Monthly Water/Wastewater Report.

Under Open Forum, Rescue Chief, Chuck Cook advised that Brenda Lawson and Trent Hauschild have resigned from the Rescue Squad. Based on the recommendation of the Rescue Squad, a motion was made by Frew, seconded by Bauers to approve the application of Lisa Cerveny, who recently completed the Ride-a-long program. Motion carried unanimously. Following discussion of the need for a new siren controller, a motion was made by McCaulley, seconded by Falcone to approve said siren controller at a cost of $l,400.00. Motion carried unanimously.

Members of the Fire Department addressed the Council with equipment needs and budget projections. Motion by Bauers, seconded by Frew to authorize the purchase of two sets of bunker gear, boots and helmets at an approximate cost of $3,250 for the current fiscal year. Motion carried unanimously. Use of the new City pumper for rural extrication calls was discussed with the Council authorizing the Fire Department to utilize said truck as needed. Members of the Council were advised that funds have been received in regard to haz-mat/extrication billing and have been set aside at the bank in a separate interest bearing fire equipment fund by the clerk. It was also noted that alternative housing of the fire vehicles during the “downtown revitalization project” is being pursued.

In regard to the City Lake Restoration project the following actions were taken following review of the construction schedule: Motion by Bauers, seconded by Falcone to propose the addition of a fountain in the west lake as an additional measure of aeration. Motion carried unanimously. Motion by McCaulley, seconded by Bauers to request that the Lake Committee assess the feasibility of saving some of the larger trees around the west lake. Motion carried unanimously. Truck traffic concerns were addressed, with the Council authorizing Rob Bauers to seek street cleaning services as needed.

The Monthly Police Activity Report was presented, in which it was noted that 184 hours were patrolled during the month with 29 calls of service.

The Monthly Health Board Report resulted in the following: the City will pursue clean up of Beverly Taylor property at owner’s costs, due to no significant progress, as promised; Motion by McCaulley, seconded by Falcone to adopt Resolution No. 04-13, which declares the conditions on the Hickey property to be a public nuisance and orders remedy of the situation. Motion carried unanimously. It was agreed to continue monitoring previously addressed properties which have showed signs of improvement.

Rob Bauers presented the Monthly Maintenance Report and was advised to pursue an assessment of trees in the city that are in need of trimming and to seek bids for sealing cracks of city streets.

The City Attorney was advised to pursue a legal matter involving the use of city letterhead for a personal venture.

The following Ordinances were presented: 
ORDINANCE NO. 539
AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA, AMENDING ORDINANCE NO. 509, OF THE WEEPING WATER MUNICIPAL CODE, TO ADOPT REVISIONS REARDING INCLUDING SELF-STORAGE UNITS AS A PERMITTED CONDITIONAL USE; TO ADOPT REVISIONS TO ALLOW FOR A THREE-FOOT REAR AND SIDE YARD PROPERTY LINE SETBACKS FOR ACCESSORY BUILDINGS 120 FEET OR LESS; TO ADOPT PROVISIONS RE-ZONING THE 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); TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES OR SECTIONS AND TO PROVIDE FOR AN EFFECTIVE DATE.
Motion by McCaulley, seconded by Falcone that the statutory rules be suspended so that Ordinance No. 539 might be introduced, read by title and adopted. Motion carried with McCaulley, Falcone, Bauers and Frew voting aye. Nays: None.

ORDINANCE NO. 540
AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA, TO PROHIBIT ENGINE BRAKING; PROVIDING FOR PENALITIES FOR VIOLATION; PROVIDING FOR AN EFFECTIVE DATE; AND FOR REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.

Motion by Frew, seconded by Falcone that the statutory rules be suspended so that Ordinance No. 540 might be introduced, read by title and adopted. Motion carried with McCaulley, Falcone, Bauers and Frew voting aye. Nays: None 

Said Ordinances will be posted in the manner provided by law, with true, correct and complete copies of the Ordinances being on file in the City Clerk’s Office.

Motion by Frew, seconded by Falcone to approve the application of Jeff and Dawn Hall for a canine kennel license. Motion carried unanimously. 

Following review of the Monthly Animal Control Report, it was agreed that the Humane Officer be authorized to enforce city kennel codes as needed for residences where more than three adult pets are housed.

Lowell Daisley addressed the council regarding LB840 and requesting financial support for the Cass County Nebraska Economic Development Council. Motion by Frew, seconded by McCaulley to support the Cass County Nebraska Economic Development Council for the ensuing year at a cost of $2,206. Motion carried unanimously.

Copies of a completed survey of possible cemetery ground were distributed for review with no action being taken.

Motion by Bauers, seconded by Falcone to proceed with the Transportation Enhancement Improvement Request for funds to construct a pedestrian/bicycle trail system within the City as proposed, with the City’s matching funds being 20% of the total projected cost of $452,483. Motion carried unanimously. 

Motion by Bauers, seconded by McCaulley to approve the Petition to Vacate the east-west alley of Block 62, City of Weeping Water, Cass County, Nebraska, and authorize the City Attorney to prepare an Ordinance reflecting the same to be acted upon at the September meeting. Motion carried unanimously.

Motion by Bauers, seconded by Falcone to approve the request of Hopkins Tavern for a Special Liquor License to operate a beer garden behind their premises for a horseshoe tournament on September 18th and 19th as specified, subject to owner’s compliance with all state regulations. Motion carried with McCaulley, Falcone, and Bauers voting aye: Nays: None. Abstain: Frew.

Members of the Council discussed budget concerns and reviewed tentative budget proposals. It was agreed to set the budget hearing at 5:45 p.m. on Monday, September 13, 2004. 

It was noted that Berneice Hopper has expressed a desire to donate funds to construct restrooms near the new picnic shelter at the City Lake area. City employees were advised to seek estimated costs for such a venture. 

It was agreed by the Council to seek assistance with the proposed trail project as the annual request from the Day Trust Fund.

The Clerk advised that costs for the proposed engineering study of the bridge on South East Street will be approximately $l,800 rather than $l,000. As the County had previously agreed to cost share the study with the City up to $500, the City Council agreed to absorb the additional fees.

Monthly permit activity included: Misc. Building Permits: James Rhedin-deck; Ken Groathouse-accessory building; Larry Hanson-carport; Dawn Standerford-privacy fence; Sign Permit-Keckler Oil Co.

A decision on the color of lettering for the “Welcome To Weeping Water” sign was made after viewing samples available.

Following review and discussion of correspondence received, a motion was made by Bauers, seconded by McCaulley to approve the following claims: Salaries-12326.48; Alltel, util-663.38; Ameritas, emp ben-535.88; Aquila, util-173.08; OPPD, util-3658.13; Farmers & Merchants Bank, whlg-2814.56; Kansas State Bank, resc. sq pmt-20402.29; Nebr. Dept. of Rev.,, sls tx, whlg-1872.56; Svoboda & Chebatoris, prof-300.00; T. Randolph, land pmt-6487.13; United Healthcare, ins-882.99; PeopleService, maint cont-9816.00; Cass County Refuse, reimb-7000.00; Post Office,pstg-74.00; CDBG matching funds-2809.19; Alliance Medical, sup-311.76; Anderson Ford, rep-1582.58; Aqua Chem, sup-420.05; Cass County Sheriff, prof-2711.80; Chamber of Commerce, mtg-6.00; Bob Lawrence, ump fees-20.00; Brian Lawrence, ump fees-20.00; Mike Barrett, serv-400.00; Coca Cola Co., sup-90.75; Dale Nielsen, Inc., mach rent-60.00; Ingram Library System, bks-450.l5; Jacobson Helgoth, prof-487l.97; B. St. Martin, wtr dep ref bal-26.49; Great Plains One Call, serv-25.00; J. Aronson, mlg-11.25; Keckler Oifl Co., fuel, rep-509.22; League of Nebr. Municipalities, prof-1300.00; Linweld, sup-l.68; Martin Marietta Aggregates, sup-239.70. Meeske Auto Parts, maint-37.24; Midwest Vehicle, rep-208.45; Mobile Communications, maint-57.80; Nielsen Fertilizer, maint-50.00; Omaha Door and Window, rep-82.41; Omaha Pumping Service, maint-75.00; Plattsmouth Ready Mix, cap imp-293.25; Reliable Office Supplies, sup-161.05; R. Ashlock, serv-945.00; SENDD, dues-800.00; Shaffer Communications, rep-137.50; Sign & Screen Design, signs-49l.84; The Journal, publ-180.54; WW Stoneworks, cap imp pmt-3,500.00; EMS Billing, reimb-839.93; Barco, sup-141.15; C. Robinson, maint-40.00; WW Express Lane, fuel, sup-319.35; Meeske Hardware, rep/maint-398.97; CCNEDC, prof-2,206.00; Anita Carr, maint-468.00. Motion carried unanimously.

Motion by Bauers, seconded by Falcone to adjourn. Motion carried unanimously.


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Kay Gerdes, City Clerk                       Howard Stubbendieck