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
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
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
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
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.
Kay Gerdes, City Clerk