Mayor Howard Stubbendieck called the monthly meeting of the Weeping Water City Council to order at 6:00 p.m., on Monday, November 12, 2007 at City Hall with the following members of the Council answering roll: Bob McCaulley, Melody Falcone, Mitch Miller and Ray Frew. Absent: None. Notice of the meeting was given in advance thereof by publication in the November 8, 2007 edition of the Plattsmouth Journal. The location of the posting of the Nebraska Open Meetings Act was announced by the Mayor. Minutes of the October 8, 2007 meeting were approved as presented.
Under Open Forum, Art Davis addressed the Council in regard to the availability of property previously used for a tractor pull during Limestone Days, and he was advised that construction of the Weeping Water Trail should be in progress during that time frame and would more than likely create a conflict with the scheduled event location. Mr. Davis also addressed the Council in regard to proposed relocation of the sand volleyball court and the horseshoe court, with the Council agreeing to consider feasible options. Jerry Smith inquired about the City Council’s intentions to place picnic tables and benches near the new playground area at the ball park and was assured that said improvements were proposed for the area. Possible fencing for the area was also discussed and will be considered.
Discussion regarding the proposed closing of a portion of High Street and specific unused plotted alleys in said area was held with several residents expressing concerns related to utility easements, snow removal, street maintenance and renaming of the access street. Following clarification of the same and agreement to consider renaming said access street, the following Ordinance was presented:
ORDINANCE NO. 565
AN ORDINANCE VACATING THE EAST-WEST ALLEY IN ADAMS ADDITION TO THE CITY OF WEEPING WATER BETWEEN HIGH STREET ON THE WEST AND ADAMS STREET ON THE EAST; VACATING THE SOUTH 200 FEET OF THE ALLEY THAT RUNS IN A NORTH-SOUTH DIRECTION IN ADAMS ADDITION TO THE CITY OF WEEPING WATER; VACATING THE SOUTH 160 FEET OF HIGH STREET, ALL IN THE CITY OF WEEPING WATER, CASS COUNTY, NEBRASKA.
Motion by Frew, seconded by Miller that the statutory rules be suspended so that Ordinance No. 565 might be introduced, read by title and adopted. Motion carried with McCaulley, Falcone, Miller 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 following Ordinance was presented:
ORDINANCE NO. 566
AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA AMENDING ORDINANCE NO. 564 PROHIBITING THE USE OF SKATEBOARDS, SCOOTERS, OR OTHER MINAUTRE UNPOWERED VEHICLES TO BE OPERATED IN THE BUSINESS DISTRICT OF THE CITY OF WEEPING WATER; DEFINING THE BUSINESS DISTRICT OF 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 Falcone, seconded by Frew that the statutory rules be suspended so that Ordinance No. 566 might be introduced, read by title and adopted. Motion carried with McCaulley, Falcone, Miller 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. Following adoption of said Ordinance, it was reiterated that the terms of said Ordinance did not include bicycles.
The following Ordinance was presented:
ORDINANCE NO. 567
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF HIGHWAY ALLOCATION FUND PLEDGE BONDS, 2007 SERIES, IN THE AMOUNT OF ONE HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($165,000) FOR THE PAYMENT OF COSTS IN CONNECTION WITH THE CONSTRUCTION OF STREET AND PAVING IMPROVEMENTS IN THE CITY OF WEEPING WATER, NEBRASKA; PRESCRIBING THE FORM OF SAID BONDS; PLEDGING FUNDS TO BE RECEIVED BY THE CITY FROM THE STATE OF NEBRASKA HIGHWAY ALLOCATION FUND; AGREEING TO LEVY TAXES; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; PROVIDING FOR THE DISPOSITION OF THE BOND PROCEEDS AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM
Motion by McCaulley that the statutory rule requiring reading on three different days be suspended. Council member Miller seconded the motion to suspend the rules and upon roll call vote on the motion the following Council Members voted Yea: McCaulley, Falcone, Miller and Frew. Nays: None. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said ordinance. Said ordinance was then read by title and thereafter Council Member Miller moved for final passage of the ordinance, which motion was seconded by Council Member Falcone. The Mayor then stated the question was “Shall Ordinance No. 567 be passed and adopted?” Upon roll call vote, the following Council Members voted Yea: McCaulley, Falcone, Miller and Frew. Nays: None. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the ordinance adopted and the Mayor in the presence of the Council signed and approved the ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance to be published in pamphlet form as provided therein and to be posted in three public places in the City. A true, correct and complete copy of said ordinance is on file in the City Clerk’s Office.
The Monthly Police Activity Report was presented, in which it was noted that 193 hours were patrolled during the month with 15 citations and 8 warnings being issued.
Copies of the September and October Water /Wastewater Report were presented by Bruce Sorensen. The Monthly Rescue Squad Report and Monthly Maintenance Report were not available at the time of the meeting.
A report of Monthly Fire Department activities was presented, which noted the following: two calls of service during the past month, appropriate letter regarding disciplinary action filed with the Council with no further action being taken, and the previously denied application of Stefanie Jones was maintained. A motion was made by Miller, seconded by Falcone to approve cost sharing with the Rural Fire Board to purchase a television/DVD player for use in departmental training purposes, with the City’s maximum share being $200. Motion carried unanimously. Motion by McCaulley, seconded by Miller to allow the City’s excess computer to be used by the Fire and Rescue Department. Motion carried unanimously.
It was noted that 26 letters were sent out regarding the need to trim trees, with further action being tabled to allow adequate time for compliance.
An overview of the recently completed street improvements was discussed, noting that final completion around specific manholes and other areas of concern should be completed within the next few weeks. It was agreed to submit a damage claim to the construction company for a claim received for the replacement of mailboxes which were destroyed during the street renovation process.
In regard to a report of Monthly Health Board concerns, previously addressed properties were assessed and will continue to be pursued appropriately.
The City Attorney was advised to continue pursuit of judgment against Norm Patzel for uncompleted street repairs.
No updated information was available regarding the acquisition of a brush/compost site.
Following discussion of the proposed pit bull ban in the city limits, the City Attorney was requested to prepare for consideration at the December meeting, a sample ordinance which would specify specific breeds of dogs as dangerous dogs and outline appropriate measures to be taken in order to authorize the banning and/or removal of said dogs from the city limits.
Terry Meier of SENDD provided a tabulation of the recently completed Community Attitude Survey, which is a prerequisite toward applying for Community Development Block Grant Funds. Mr. Meier commended the community in obtaining 303 completed surveys, which represented 70.5% completion rate. The top five areas of concern noted in the surveys included street improvements, sidewalk improvements, recreational facilities, downtown appearance, and water quality/pressure. As the reported 61.39% LMI/per household qualifies the city in applying for CDBG funds, city officials expressed an interest in pursuing the January 2008 application for renovation of a multi-purpose Community Center and the April, 2008 application for water system improvements.
Upon further discussion of extending the existing Emergency Snow Route in the city, it was mutually agreed that no revisions or additions were necessary at this time.
A report from the City Engineer included the following: WEEPING WATER TRAIL: A total of eight bids were submitted for the Weeping Water Trail project, with M.E. Collins being the low bidder. Olsson Associates recommends awarding the bid to M.E. Collins, but specific documents must be submitted to Sinclair Hille for their approval prior to City Council approval. A special meeting will need to be scheduled once approval is received; WEEPING WATER LAKES BRIDGE: piers have all been installed, bridge abutment design has been completed and provided to the city to contact a contractor who will build the abutments; GOSPEL HILL PAVING: Design has started and an update and plans will be prepared for presentation to the City; WEEPING WATER TREATMENT PLANT: sampling has been performed to verify the sizing of the UV equipment; costs are being prepared for operations and maintenance and will be added to the report, which should soon be completed and submitted to NDEQ.
Following review of the employee pay scale, a motion was made by Miller, seconded by Falcone to approve the following salaries: Librarian, Janice Aronson and Deputy Clerk, Linda Fleming-$10.00/hour; Maintenance, Rich Bauers-$10.50/hour; Maintenance Supt., Rob Bauers $15.71 per hour; Sub Librarian, Joyce Fleming-$6.80 per hour; and City Clerk/Treasurer, Kay Gerdes-$17.64 per hour. Motion carried unanimously. The suggestion to review and possibly update the Personnel Policy was addressed and will be pursued.
Correspondence received was presented for Council review.
Motion by Falcone, seconded by McCaulley to approve the following claims: salaries-7189.72; Aflac, emp ben-26.62; Alltel, util-152.19; Ameritas, emp ben-729.00; Farmers & Merchants Bank, whlg, s/c-1996.64; Kansas State Bank, equip pmt-770.62; Miller Monroe Co., ins pmt-1848.00; Nebr. Dept. of Revenue, sales tax, whlg-1254.62; OPPD, util-3374.33; Purchase Power, pstg-13.14; Svoboda & Chebatoris, prof-300.00; United Healthcare, ins-1559.04; Windstream, util-506.85; PeopleService, prof-10862.00; Cass County Refuse, reimb-7669.00; Aquila, util-164.81; Chamber of Commerce, mtg-12.00; Baburek Computer Service, rep-570.00; Earl Rudolph, resc. Trng-176.19; Journal Consumer Connection, publ-325.20; JP Cooke Co., sup-65.39; Sign & Screen Design, maint-121.25; Bickford Electric, rep-30.00; Reliable Office Supplies, sup-263.49; Meeske Hardware, rep/maint-846.70; Mogensen Garage, rep-952.30; Meeske Auto Parts, rep-204.99; Martin Marietta, sup-132.29; Olsson Associates, prof-8407.08; Keckler Oil Co., sup-6.02; Amsan, sup-142.l7; Business Forms & Acctg, off sup-371.39; Pitney Bowes, pstg mtr usg-71.25; Dale P. Nielsen, Inc., imp, mach rental-521.73; WW Stoneworks, cap imp-350.00; UNMC Physicians Group, reimb-22.00; Midwest Vehicle Professionals, rep-161.22; Allmed, sup-275.36; Lifeguard Inc., sup-79.00; Linweld, sup-134.70; Miracle recreation, equip-20935.00; Dokter Trucking, trkg-630.00; Thrasher Basements Systems, imp-1350.00; J. Aronson, mgl-168.29; D. Henley, maint-60.00; Baker & Taylor Co., bks-638.15; J. Donham, animal Control-104.85; Papillion Fire/Rescue, reimb-103.40; Great Plains One Call, serv-11.76; Fleet Services, fuel-402.00; EMS Billing, reimb-141.56; Stop N Shop, fuel-294.68; Concrete Industries, st rep-261.56. Motion carried unanimously. It was noted that the August 2007 claims to Greg Chamberlain for rescue training in the amount of $198.95 was voided.
Motion by Miller, seconded by Falcone to adjourn. Motion carried unanimously.
/s/ Howard Stubbendieck, Mayor
/s/ Kay Gerdes, City Clerk