CITY OF WEEPING WATER
PUBLIC HEARING/MONTHLY MEETING
JULY 14, 2008
Mayor Howard Stubbendieck opened the public hearing regarding the request of Robert and Peggy Steinhauser for a small tract subdivision at 5:45 p.m. on July 14, 2008 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 public hearing and the regular monthly meeting was given in advance thereof by publication in the July 3, 2008 edition of the Plattsmouth Journal, as well as being posted in three public places in the city on said date. Members of the Council reviewed the proposed small tract subdivision and the Planning Board’s recommendation for the same. There being no public objection to the proposal presented, the public hearing was closed and the regular monthly meeting was opened with all members of the Council answering roll. The posted location of the Nebraska Open Meetings Act was noted by the Mayor.
Minutes of the June 10, 2008 meeting were approved as presented.
Motion by Miller, seconded by Frew to adopt Resolution No. 08-12, which approves an administrative subdivision of all of Lots 3 & 4, Part of Lot 5 & all of Lot 6 & all of the adjacent vacated alley, Block 7, Fleming & Race’s Addition to the City of Weeping Water, Cass County, Nebraska. Motion carried with all members of the Council voting aye.
Under Open Forum, the following issues were addressed: Council clarified Health Board concerns and agreed to allow additional 60 days for progress on the issues addressed on the Jamie Flanagan and Louis Schwartz properties; Council agreed to meet with the engineer and contractor of the “Gospel Hill Paving Project” to address the property concerns as a result of the construction project, which were presented by Louis Schwartz; and members of the Council agreed to inspect the street and property concerns expressed by Bob Pinkerton.
Councilmember Bob McCaulley introduced Ordinance No. 574 entitled:
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF STREET IMPROVEMENT BOND ANTICIPATION NOTES, 2008 SERIES, IN THE AMOUNT OF ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000) FOR THE PAYMENT OF COSTS IN CONNECTION WITH THE CONSTRUCTION OF STREET IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 2008-1 WITHIN THE CITY OF WEEPING WATER, NEBRASKA; PROVIDING FOR A PAYING AGENT AND REGISTRAR OF THE NOTES; AGREEING TO ISSUE BONDS OR OTHER OBLIGATIONS TO PAY THE NOTES AND ACCRUED INTEREST AT MATURITY AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM and moved that that the statutory rule requiring reading on three different days be suspended. Councilmember Melody Falcone 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 McCaulley 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. 574 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 required by law and to be posted in three public places within the City. A true, correct and complete copy of said ordinance is on file at the City Clerk’s Office.
MONTHLY REPORTS: The Police Activity Report was presented, in which it was noted that 196 hours were patrolled during the month with 53 calls of service, resulting in 13 citations and 6 warnings being issued. Recent vandalism, which included restroom fixtures being blown up with fireworks at the Ball Park and the City Lake area, Library Drop Box and books being damaged by fireworks, and a park bench being thrown into the lake, were all addressed with the Council being assured that the incidents would be actively pursued. Other concerns addressed included enforcement of curfew regulations, and issues involving Limestone Day activities, which were noted in a letter received by the City Council. Various problems with dogs were also addressed and will continue to be pursued. Copies of the Water/Wastewater Report were presented for Council review, in the absence of Bruce Sorensen. It was agreed to obtain a local bid for assistance to complete the city-wide water meter replacement program. No Fire Report or Maintenance Report was available. Copies of the Rescue Squad Report were presented for Council review, in which it was noted that there were 16 rescue calls during the month resulting in 58 man hours. Health Board-it was noted that pending cases were addressed during Open Forum; various other property conditions with unlicensed vehicles, vacant trailers tall grass/weeds were discussed and will continue to be pursued.
A letter received from a resident regarding the desire to purchase a parcel of city property which is located in the floodway was presented for review, with the Council agreeing to pursue the proper legal procedure of adopting a Resolution prior to offering the property for sale.
Motion by Frew, seconded by Miller to adopt the Citizen Participation Plan and the Procurement Procedures and Code of Conduct, in regard to Community Development Block Grant #07-PW-020 for the Multi-Purpose Community Center project. Motion carried unanimously.
A report from the City Engineer was distributed for Council review in which the following ongoing projects were addressed: Weeping Water Trail Project-trail work is complete with the exception of seeding, change order for small amount of sidewalk added and request for replacement of damaged drain tile around the basketball courts. Motion by Frew, seconded by Falcone to approve Pay Request No. 5 in the amount of $63,426.75. Motion carried unanimously. Gospel Hill Paving Improvements-some difficulties with utilities have arisen, but paving improvements are progressing on schedule. It was noted that some additional sidewalk, driveway and curbing will be added to the contract price by means of a change order. WWTP UV Disinfection Project-plans and specifications are 80% complete and will continue to be pursued.
Motion by Miller, seconded by McCaulley to approve the proposed Agreement between the City of Weeping Water and Cass County Refuse, which provides for a five-year contract for solid waste disposal services, subject to annual review, allowing for rate increases to compensate for rising fuel and landfill costs. To reflect the provisions in said Agreement, the following Ordinance was presented:
ORDINANCE NO. 575
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 OF SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.
Motion by Miller, seconded by McCaulley that the statutory rules be suspended so that Ordinance No. 575 might be introduced, read by title and then 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.
Motion by McCaulley, seconded by Falcone to withdraw the pending lawsuit against Jacobson Helgoth Associates, as the feasibility of the lawsuit would not prove cost effective. Motion carried unanimously.
A report of the recent informational “Town Hall Meeting” regarding the upcoming fluoridation issue was provided, after which a motion was made by McCaulley, seconded by Miller to adopt Resolution No. 08-13, which authorizes that the issue of whether the City of Weeping Water should adopt or reject an ordinance to prohibit the addition of fluoride to the City water system shall be submitted to the qualified electors of the City at the upcoming general election. Motion carried unanimously.
Updates were provided on the progress with the brush/compost site and proposed street repairs.
A letter received requesting city financial support for the Cass County Nebraska Economic Development Council was presented for consideration, with action being tabled to discuss the matter with a representative of CCNEDC at the next City Council meeting.
Motion by Frew, seconded by Falcone to approve membership renewal with Southeast Nebraska Development District with annual dues being $1,425. Motion carried unanimously. No action was taken on the request for support of Affordable Housing Programs sponsored by SENDD.
Motion by Miller, seconded by Frew to approve the new state approved mileage rate of $.58.5 per mile. Motion carried unanimously.
Proceedings from recent Lake Board meetings were discussed by the Council, after which it was agreed to incorporate Nebraska State Parks and City regulations and prepare a draft of the regulation pamphlet to be printed and distributed to camping patrons. The Clerk was advised to provide copies of the draft to members of the City Council and the Lake Board for review, with final approval of the same anticipated at the August meeting. It was also agreed to revise posted sign regulations. No action was taken on proposed membership changes to the Lake Board, due to lack of quorum at their June 14, 2008 meeting.
Motion by McCaulley, seconded by Miller to approve the school’s proposal for fencing in the outfield of the upper Ball Field. Motion carried unanimously. Motion by Miller, seconded by Falcone to approve the proposal of Quality Fence Company for the city to install 131’ of commercial chain link fence to complete the west enclosure of the lower Ball Field at a cost of $2,340.65. Motion carried unanimously. Motion by McCaulley, seconded by Miller to approve payment for the installation and electrical connections of the new scoreboard at the Ball Field, which is being purchased by the School. Motion carried unanimously, subject to mutual agreement on the designated location.
Preliminary budget projections were addressed and will continue to be pursued.
Correspondence received was presented for Council review, after which a motion was made by Miller, seconded by McCaulley to accept the following claims: Salaries-14,477.21; Aflac, emp ben-26.62; Alltel, util-89.74; Ameritas, emp ben-964.90; Aquila, util-381.03; Farmers & Merchants Bank, whlg, s/c-3,717.08; Svoboda & Chebatoris, prof-593.66; Kansas State Bank equip pmt-770.62; Nebr. Dept. of Revenue, sls tx, whlg-1572.84; OPPD, util-3858.93; United Healthcare, ins-1835.48; Windstream, util-627.20; Paving Bond pmt-3144.78; Cass County Refuse, reimb-8001.00; PeopleService, prof-11,123.00; Post Office, pstg-219.00; Chamber of Commerce, mtg-18.00; WW Express Lane, fuel-544.86; K. Gerdes, mlg-45.95; Meeske Hardware, rep/maint-1,3l4.62; Nebr. U.C. Fund, unemp-112.49; Weeping Water Foods, sup-50.39; R&S Htg and A/C, rep-75.00; Awards Unlimited, sup-6.93; Reliable Office Supplies, sup-285.37; Snow Dog Printing, off sup-175.86; Journal Consumer Connection, publ-136.57; Stop N Shop, fuel, sup-1,866.41; Kerford Limestone, sup-7,005.64; B&W Company, Inc., maint-3,000.00; Sign & Screen Design, signs-239.40; Whiz Repair, maint-140.00; Cass County Sheriff, prof-2,711.80; Umpire Fees: K. Flanagan-255.00, Z. Barrett-160.00, TJ Bickford-50.00, A. White-25.00, K. White-30.00, L. Nutter-20.00, B. Lawrence-150.00, D. Parson-285.00; WW Fire Dept. rmb trng/equip-582.31; Papillion Fire & Rescue, reimb-105.60; Allmed, sup-259.38; EMS Billing, reimb-507.80; Linweld, sup-70.00; Midwest Vehicle Professionals, rep-186.61; Aqua Chem Inc., sup-1,171.78; Murray Building & Supply, sup-116.64; Dale P. Nielsen, sup-1,026.38; Olsson Associates, prof-10,644.95; Keckler Oil Co., sup-21.28; L. Sorensen Trucking, maint-2,771.79; Bickford Electric, rep-1,068.04; A. Bauers Trucking, maint-1,127.01; United Rentals, Inc., maint-251.20; Bauers Trucking, LLC, maint-1,452.53; M.E. Collins Co., cap imp-71,634.75; Amsan, sup-573.45; Baker & Taylor Books, bks-512.48; Timron Plumbing, rep-75.00; D. Henley, maint-80.00; Great Plains One Call, serv-14.14; Nebr. Rural Water Assoc., prof-175.00; HD Waterworks LTD, sup-355.55; J. Donhan, animal control-58.02; Meeske Auto Parts Supply, rep/maint-392.94; Annette’s Catering, sup-25.00. Motion carried unanimously.
Motion by Falcone, seconded by Miller to adjourn. Motion carried unanimously.
/s/ Howard Stubbendieck, Mayor
/s/ Kay Gerdes, City Clerk