Weeping Water Nebraska

Mayor Howard Stubbendieck opened the public hearing regarding the request for a replat of the Rehmeier Subdivision at 6:00 p.m. on September 10, 2007 at City Hall with the following members of the City Council answering roll: Bob McCaulley, Mitch Miller, and Ray Frew. Absent: Melody Falcone. 

Notice of the public hearing and the regular monthly meeting was given in advance thereof by publication in the August 30, 2007 edition of the Plattsmouth Journal. The location of the posting of the Nebraska Open Meetings Act was announced by the Mayor. There being no public objection to the information presented, the public hearing was closed and the regular monthly meeting was opened with all members of the City Council except Falcone answering roll.

Minutes of the August 13, 2007 meeting were approved as presented.

Motion by Frew, seconded by Miller to adopt Resolution No. 07-08, which approves an administrative subdivision being a replat of Lot 1R and Lot 2R-Replat of Rehmeier Subdivision, located in the SE¼ of the SE¼ of Section 26-T11N-R11E of the 6th p.m., Cass County, Nebraska, taking into account the Planning Board’s recommendation of discretion regarding any subsequent subdivision requests for said property. Motion carried with McCaulley, Miller and Frew voting aye. Absent: Falcone.

Under Open Forum, Jerry Pearson appeared to present his quest in presenting an upcoming art display near Weeping Water. Arnie Hill also was present to voice his concerns regarding shower usage at the city park, to which the Council responded by reiterating the City’s policy that said shower facility is for the use of paid campers only.

The Monthly Rescue Squad Report was presented for Council review, noting that there were 14 rescue calls during the month resulting in 131 man hours.

The regular meeting was adjourned pro tem at 6:30 p.m. and the public hearing regarding the annual budget was opened with all members of the City Council except Falcone answering roll.

Notice of the budget hearing and the special hearing to set the final tax request was given in advance thereof by publication in the September 6, 2007 edition of the Plattsmouth Journal.

Members of the Council reviewed the proposed budget requesting a total of $194,780 in property taxes, which represents a calculated levy before exemptions of .387364 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 resumed.

Motion by Miller seconded by McCaulley to approve the proposed budget for the ensuing fiscal year and adopt Resolution 07-09, 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.

The following Ordinance was presented: ORDINANCE NO. 560

AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES; TO PROVIDE FOR AN EFFECTIVE DATE. Motion by Miller seconded by Frew that the statutory rules be suspended so that Ordinance No. 560 might be introduced, read by title and adopted. Motion carried with McCaulley, Miller and Frew voting aye. Nays: None Absent: Falcone. 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.

Motion by McCaulley, seconded by Miller 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 Frew, seconded by McCaulley to designate Heartland Community Bank and Farmers & 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.

The Monthly Police Activity Report was presented, in which it was noted that 174 hours were patrolled during the month, which resulted in 18 calls of service with 9 citations and 9 warnings being issued. County Sheriff representative, Dave Lamprecht, urged community assistance in reporting criminal actions in an effort to curb illegal activity.

There was no Monthly Fire Report available, but members of the Council were advised that due to the volunteer efforts of Addie Idler, the Elk Grove, California Rotary Club is donating to the City Fire Department a 750 gallon refurbished pumper truck. Efforts will continue to finalize the transaction. Motion by Miller, seconded by Frew to deny the Fire Department application of Stephanie Jones, based on recommendation of the city’s insurance carrier and past claim history.

Motion carried with all members of the Council present voting aye. The application of Zackary Coon was tabled for background check review. It was agreed to assure that the Fire Chief enforces the proper department disciplinary measures in regard to a recent on scene incident.

Following review of the Monthly Water/Wastewater Report, which was presented by Bruce Sorensen, a motion was made by McCaulley, seconded by Miller to approve the proposal of Olsson Associates to perform the Wastewater Treatment Plant Feasibility Study as an initial step to satisfy new legislation regarding fecal coliform level limits, with total fees for the same being $5,000. Motion carried with all members of the Council present voting aye. It was noted that proper notification to NDEQ regarding the same will be pursued.

Following review of the Monthly Maintenance Report, presented by Rob Bauers, the following actions were taken: Motion by Miller, seconded by Frew to approve the bid of Constructors Inc., in the amount of 156,518.90 for street improvements in various locations. Motion carried with all members of the Council voting aye. The City Engineer was authorized to finalize specifications for the “Gospel Hill Project” in order to prepare for the bidding process for the same. Motion by Frew seconded by McCaulley to approve the bid of Jerry McKinstry to maintain/trim 15 trees at the City Lake area for $450.00. Motion carried with all members of the Council present answering roll. Motion by McCaulley, seconded by Miller to increase the salary of part-time maintenance employee, Rich Bauer, to $10.00 per hour. Motion carried with all members of the Council present voting aye.

It was noted that the Supplemental Agreement Number 2 for the Weeping Water Trail Project, which revises the deadline of said project to December 15, 2007, was approved and executed and will be forwarded to NDOR for final authorization.

Regarding a report of monthly Health Board concerns, signed letters regarding property conditions at 100 East O Street, 603 South Commercial, and 601 South Commercial were addressed and forwarded to the City Attorney for proper handling. Concerns were also expressed regarding an open well on a parcel of vacant property, which the City Attorney will pursue. Previously addressed property concerns were assessed, noting continued progress on the Wessels and Hoffman properties. It was agreed that the City Attorney provide proper notification to Beverly Taylor that demolition procedures would commence on her property if no corrective measures were taken by November 12, 2007. Discussion was held regarding property owner responsibility for maintenance of property along the “Gospel Run” area, with the City Attorney agreeing to pursue the appropriate parties.

The previous request for placement of three-way stop signs at the corner of Barnett and East

Park Streets was addressed, with action on the same being tabled to consider other options of possibly placing the signs at the intersection of Mulberry and East Park Streets.

Ongoing old business included the following: uncompleted street repairs and acquisition of property for a new compost and brush disposal site, both of which are still pending. The results of the High Street Survey were presented for council review, with action on the same being tabled for further legal review.

Motion by Frew, seconded by McCaulley to approve the Engineering Proposal of Olsson Associates for the Weeping Water Lakes Bridge Abutment Design at a cost of $5,500. Motion carried with all members of the Council voting aye. Motion by Frew, seconded by Miller to approve the proposal of Moosman Bridge for the Grizzly Bridge No. A-36 at a cost of $22,500 plus freight charges. Motion carried with all members of the Council voting aye.

In regard to the usage of golf carts and ATVs in the city limits, the City Attorney advised that existing legislation already contains provisions restricting the same.

Action on the proposed pit bull ban within the city limits was tabled for further review.

The Clerk advised that the Community Attitude Surveys have been prepared and distribution of the same throughout the community will take place between September 17th -27th 2007.

The following Ordinances were presented:

ORDINANCE NO.561

AN ORDINANCE AMENDING ORDINANCE NO. 458 OF THE WEEPING WATER MUNICIPAL CODE, PROVIDING FOR A CHANGE IN THE WATER USE RATE AND TO PROVIDE FOR A MONTHLY BILLING; PROVIDING FOR AN INCREASE IN WATER TAPPING FEES; AND TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

ORDINANCE NO. 562

AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA, AMENDING ORDINANCE NO. 528A OF THE WEEPING WATER MUNICIPAL CODE, PROVIDING FOR A CHANGE IN THE SEWER USE RATE; TO PROVIDE FOR AN INCREASE IN THE SEWER TAPPING FEE; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

ORDINANCE NO. 563

AN ORDINANCE AMENDING CHAPTER 4, HEALTH AND SANITATION, ARTICLE 3, GARBAGE DISPOSAL OF THE CITY OF WEEPING WATER MUNICIPAL CODE, ESTABLISHING A NEW RATE FOR MANDATORY SOLID WASTE COLLECTION AND DISPOSAL; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

ORDINANCE NO. 564

AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA TO PROHIBIT THE USE OF SKATEBOARDS, SCOOTERS, OR OTHER MINIATURE UNPOWERED VEHICLES TO BE OPERATED UPON THE STREETS, ALLEYS, OR SIDEWALKS IN THE CITY OF WEEPING WATER; TO PROVIDE FOR PENALTIES UPON VIOLATION; TO PROVIDE FOR THE DATE UPON WHICH THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND FOR REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.

Motion by Frew, seconded by Miller that the statutory rules be suspended so that Ordinances No. 561, 562, 563 and 564 might be introduced, read by title and adopted. Motion carried with McCaulley, Miller and Frew voting aye. Nays: None. Absent: Falcone. 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 McCaulley to approve the Sales Tax Committee’s Proposal for allocation of sales tax revenue for the ensuing year, which included: $25,00-Auditorium project; $20,000-apply to fire truck loan payment; $20,000-apply to pool improvement loan payment; $15,000-playground equipment at ball park. It was further agreed to approve the request to authorize the allocation of $20,000 to be applied toward the proposed pedestrian bridge at the city lakes, which amount was previously allocated for acquisition of an additional ball park in a prior year. Motion carried with all members of the Council present voting aye.

Other items addressed which were tabled for further review included: an annual assessment of trees in need of trimming, possibly expanding the city snow emergency route, possible relocation of the horseshoe court and sand volleyball court, and the Renegade Contract for use of the Football Field.

Correspondence received was presented for Council review, with special attention being given to the Weeping Water Public Library’s upcoming 90th Anniversary Celebration.

Motion by McCaulley, seconded by Frew to approve the following claims: Salaries-11756.82; Aflac, emp ben-26.62; Alltel, util-88.24; Ameritas, emp ben-752.39; Aquila, util-127.40; Farmers & Merchants Bank, whlg, box rent, wire fees-2827.31; Kansas State Bank, equip pmt-770.62; Nebr. Dept. of Revenue, sls tx, whlg-1113.69; Nebr. State Patrol, serv-15.00; OPPD, util-3983.61; Svoboda & Chebatoris, prof-300.00; United Healthcare, ins-1559.04; Windstream, util-550.81; Paving Bond pmt-27903.75; PeopleService, prof-10862.00; Cass County Refuse, reimb-7927.50; Chamber of Commerce, mtg-12.00; K. Gerdes, mlg/sup reimb-74.18; League of Nebr. Municipalities, dues-1385.00; Reliable, off sup-1102.76; Meeske Auto Parts, rep/maint-55.72; Schmitz Surveying, prof-342.50; Hoss’s Lawn Care, maint-90.00; Meeske Hardware, rep/maint-586.88; Journal Consumer Connection, publ-120.62; Keckler Oil Co., rep-89.00; Fireguard, rep-742.54; Cass County Sheriff, prof-2711.80; EMS Billing, reimb-269.82; Linweld, sup-34.30; WW Express Lane, sup-92.90; Lawn Order, maint-450.00; J. Steinkuhler League, tourn fee-44.03; J. Aronson, mlg/mtg-16.97; Xerox Corp., maint-15.75; Baker & Taylor Books, bks-570.96; D. Henley, maint-100.00; R&S Htg & A/C, rep-144.00; Summit Supply Corp, equip-2084.00; SENDD, dues-1275.00; Purchase Power, pstg mtr usage-99.00; Fleet Services, fuel-290.85; Nebr. Dept. of Revenue, recyc fee-25.00; Pitney Bowes, pstg-318.99; Murray Bldg & Supply-1008.90; Sign & Screen Design, sign-19.42; Rishel & Pfeifer, prof-900.00; Stop N Shop, fuel, sup-410.75. Motion carried with all members of the Council present voting aye.

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


/s/ Howard Stubbendieck, Mayor

/s/ Kay Gerdes, City Clerk