Weeping Water Nebraska
Mayor Howard Stubbendieck opened the public hearing regarding the proposed budget and the special hearing to set the final tax request at 5:45 p.m. on September 13, 2004 at City Hall with the following members of the Council answering roll: Bob McCaulley, Larry Bauers and Ray Frew. Absent: Melody Falcone.

Notices of the budget hearing, the special hearing to set the final tax request and the monthly meeting notice were given in advance thereof by publication in the September 9, 2004 edition of the Plattsmouth Journal.

Members of the Council reviewed the proposed budget requesting a total of $180,872.58 in property taxes, which represents a calculated levy before exemptions of .4253 for the ensuing fiscal year. There being no public objection to the proposal presented, the budget hearing and the hearing to set the final tax request were closed and the regular monthly meeting was opened with all members of the council, except Falcone, answering roll.

Minutes of the August 9, 2004 meeting were approved as written.

Motion by Bauers, seconded by McCaulley to adopt Resolution No. 04-15, which approves the setting of the property tax request at a different amount than the prior year tax request. Motion carried with all members of the Council present voting aye.

Motion by McCaulley, seconded by Frew to transfer the necessary funds from the general fund for public works, public health, safety, cultural and recreational needs. Motion carried with all members of the Council present voting aye. 

Motion by Bauers, seconded by Frew to designate Heartland Community Bank and Farmers and Merchants Bank, both in Weeping Water, NE, as the City’s depositories for the ensuing fiscal year. Motion carried with all members of the Council present voting aye.

Under open forum, Ruth Cover expressed safety concerns regarding large truck traffic turning at the intersection of North Elm Street and East “F” Street. She was advised that plans to widen said area are included in the One and Six Year Street Improvement Plan and funds have been budgeted for the same. 

A lengthy discussion was held with several residents regarding concerns over property line boundaries near the City Lake area, as several youths have been reported as trespassing by an adjoining property owner when crossing the creek. No action was taken to allow further study of the issue.

The Monthly Police Activity Report was presented, in which it was noted that 197 hours were patrolled during the month, with 29 calls of service, 7 citations and 3 warnings being issued.

An update on the progress of the “Downtown Revitalization Project” construction was provided by Ben Day of Olsson Associates with the following actions being taken: Motion by McCaulley, seconded by Bauers to approve Pay Request #2 submitted by M.E. Collins Contracting Company, Inc., in the amount of $182,713.32 as recommended by Olsson Associates, and to approve CDBG Drawdown #9, which requests CDBG funds in the amount of $83,260 for construction and administration costs to date. Motion carried with all members of the Council present voting aye. Other items agreed upon included painting the required railings to closely match the street lights, and pursuing the purchase of six metal four foot brown benches as per the bid submitted by R & R Wilson Welding. Winter maintenance of the new concrete was discussed. as the use of salt will be prohibited the first year to allow the concrete to properly cure. Mr. Day advised that sand and/or liquid de-icer with no chlorides were the only products that could be used the first year. It was agreed to seek availability and costs of liquid de-icer with no chlorides in preparation for the winter season.

In regard to the City Lake Restoration project, the following actions were taken: Motion by Bauers seconded by McCaulley to adopt the proposed Nebraska Game and Parks Commission fishing regulations and authorize the Commission to manage the fish stocking at no cost to the City. Motion carried with all members of the Council present voting aye. Motion by Bauers, seconded by Frew to approve the purchase of the recommended Complete Water Quality Analysis Kit at a cost of approximately $398.00 as a step toward compliance with the CLEAR Grant Objectives in providing an educational plan to be utilized by students of the Weeping Water Public School to perform water quality sampling. Motion carried with all members of the Council present answering roll. Motion by McCaulley, seconded by Frew to install eight foot concrete culverts to connect the two city lakes. Motion carried with McCaulley and Frew voting aye. Nays: Bauers. Motion by Bauers, seconded by McCaulley to approve Pay Requests #1 requesting reimbursement in the amount of $7,000 and Pay Request #2 requesting reimbursement in the amount of $62,775 and authorize the appropriate payments for services completed to date. Motion carried with all members of the Council present voting aye.

Copies of the Monthly Water/Wastewater Report were distributed for Council review in Bruce Sorensen’s absence.

The Monthly Maintenance Report was presented with the following actions being taken: Motion by Bauers, seconded by McCaulley to approve the bid of Steve Mason Construction to repair the rear exterior wall and siding of the Community Building. Motion carried with all members of the Council voting aye. Following review of the proposal received from Asphalt Maintenance Inc., for crack and joint sealing of all city streets, it was agreed to approve the proposal at the confirmed price of $10,600 and request that work be completed early next spring.

A review of the Monthly Health Board Report resulted in the Council directing the City Attorney to request a time line for final completion of cleaning up the Julie Wilson property, contact the owner of the property on which the Hickey trailer is located advising of conditions which need to be rectified, and contact SENAHC regarding the conditions of property under their management which need to be rectified. It was agreed to monitor previously addressed properties for continued progress.

The City Clerk provided an update on the proposed hiking/biking trail grant application, as a result of recent meetings with the Trail Committee and officials providing recommendations toward achieving grant awards. Motion by McCaulley, seconded by Bauers to adopt Resolution No. 04-14, which authorizes the City of Weeping Water to apply for assistance from the Transportation Enhancement Program for the purpose of constructing segments of “The Weeping Water City Trail”.

The following Ordinance was presented: ORDINANCE NO. 541
AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA, VACATING THE ALLEY RUNNING IN AN EAST-WEST DIRECTION IN BLOCK 62, CITY OF WEEPING WATER, CASS COUNTY, NEBRASKA, THAT IS ADJACENT TO LOTS 1, 2, 3, AND 4 ON THE NORTH, AND LOTS 5,6, 7, AND 8 ON THE SOUTH; ALL IN THE CITY OF WEEPING WATER, CASS COUNTY, NEBRASKA.
Motion by Bauers, seconded by Frew that the statutory rules be suspended so that Ordinance No. 541 might be introduced, read by title and adopted. Motion carried with McCaulley, Bauers and Frew voting aye. Nays. None. Said Ordinance will be posted in the manner provided by law, with a true, correct and complete copy of the Ordinance being on file in the City Clerk’s Office.

The Weeping Water Housing Authority presented a revised proposal for city assistance with providing additional lighting in the area. It was agreed to check the area at night and, if feasible, proceed with authorizing OPPD to install 200 watt bulbs in the two existing lights located in front of the housing units on River Street, as requested.

A report from the Animal Control Officer was provided, noting that she has had some difficulty with people who refuse to license their pets, even after receiving proper warning. The Council authorized the Animal Control Officer to turn matters over to the City Attorney for appropriate legal action, if necessary.

A concern with parked vehicles along East “ O” Street was discussed, with action being tabled for further study.

Monthly Building Permit activity included: Kit Cooper-foundation/basement; PCS Phosphate-enclosure for equipment; Larry Hanson-garage; and Jerry Smith-porch. It was noted that several small accessory sheds have been constructed without obtaining a Miscellaneous Building Permit, which will be pursued.

The City Attorney provided an update of his research of the Oakwood Cemetery Association, with the Council requesting further research of the records.

Motion by McCaulley, seconded by Bauers to accept the following claims: Salaries-10106.70; Alltel, util-855.06; OPPD, util-3518.17; Aquila, util-174.98; Farmers & Merchants Bank, whlg, box rent, s/c-2411.37; Ameritas, emp ben-538.26; Nebr. Dept. of Revenue, whlg, sls tx-1182.30; Svoboda & Chebatoris, prof-900.00; United Healthcare, emp ins-882.99; PeopleService, prof fee-9816.00; Cass County Refuse, reimb-8460.79; Post Office, pstg-111.00; Wt/Sw CD purchase-40000.00; Paving Bond pmt-29826.25; CDBG Matching Funds-63298.35; Keckler Oil Co., fuel, rep, pstg-438.92; Great Plains One Call, serv-25.83; A. Carr, maint-454.50; Reliable Office Supply, sup-302.95; Olsson Associates, prof-41.25; JEO Consulting Group, prof-150.00; Snow Dog Printing, off sup-141.71; K. Gerdes, mlg-32.25; General Fire & Safety, maint-269.25; WW Express Lane, fuel, maint-196.79; Dale P. Nielsen, Inc., maint-277.12; Meeske Hdw, rep/maint-429.51; Meeske Auto Part, maint-7.67; Fireguard, maint, equip-1492.00; Cass County Sheriff, prof-2711.80; Lincoln Fire Dept., rmb-473.95; Linweld, sup-52.70; Coca Cola Co., sup-36.30; Nielsen Fertilizer, sup-103.75; Omaha Pumping Service, maint-75.00; Prime Time Sporting Goods, sup-610.49; Murray Bldg & Supply, cap imp-1706.70; Bickford Electric, maint-200.00; Ingram Library System, bks-438.52; Chamber of Commerce, mtg-6.00; EMS Billing, reimb-417.14; The Journal, publ-141.10; Martin Marietta Aggregates, sup-260.58; Fire Extrication/Hazmat Billing, reimb-150.90; H. Stubbendieck, reimb sup-21.30; WW Stoneworks, cap imp-769.00. Motion carried with all members of the Council present voting aye.

Motion by McCaulley, seconded by Frew to adjourn. Motion carried with all members of the Council present voting aye.



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Kay Gerdes, City Clerk                       Howard Stubbendieck