Weeping Water Nebraska
CITY OF WEEPING WATER
PUBLIC HEARING/MONTHLY MEETING
DECEMBER 8, 2008

Mayor Howard Stubbendieck opened the public hearing regarding Mary Allen’s request for additional Reuse Loan funds with the following members of the Council answering roll:  Bob McCaulley, Melody Falcone and Mitch Miller. Absent:  Ray Frew.  Notice of the public hearing was posted in three public places in the city on December 5, 2008.  There was no public objection to the proposed Reuse Loan application.  Based on the recommendation of the Reuse Committee, a motion was made by McCaulley, seconded by Miller to adopt Resolution No. 08-19, which approves the application of Mary Allen for the use of an additional $10,000 of program income from a previous Community Development Block Grant #86-ED-013 (Reuse Funds) to expand and relocate an existing business.  Motion carried with McCaulley, Falcone and Miller voting aye. Nays:  None.  Absent:  Frew. The public hearing was closed and the regular monthly meeting was opened with all members of the Council, except Frew, answering roll.  Notice of the meeting was given in advance thereof by publication in the Plattsmouth Journal. The location of the posting of the Nebraska Open Meeting Act was noted by the Mayor. Minutes of the November 10, 2008 meeting were approved as presented.

Under Open Forum, Bruce Lawson requested information regarding building and zoning regulations.

The Monthly Police Activity Report was presented, in which it was noted that 187 hours were patrolled during the month with 32 calls of service, resulting in 4 citations and 5 warnings being issued.  The Deputy agreed to pursue the proper action for unlicensed and improperly parked vehicles. Discussion was also held regarding parking regulations along the Designated Emergency Snow Route.

Based on the recommendation of Olsson Associates, the City Engineering Firm, a motion was made by Miller, seconded by Falcone to accept the low bid of General Excavating to add UV disinfection to the Wastewater Treatment Plant in order to meet NDEQ compliance in the amount of $156,500, plus the Alternate bid of $7,600 to add steps on the east side of the plant building.  Motion carried with McCaulley, Falcone and Miller voting aye.  Nays:  None.  Absent:  Frew.  Financing options for said project were discussed and will continue to be pursued.

Information received regarding approved drain manufacturers for swimming pool drain covers was presented and will be forwarded to the Maintenance Department in order to proceed with the purchase and installation of an appropriate drain cover that will comply with newly enforced state legislation.

Following review of the existing One and Six Year Street Improvement Plan, it was agreed to propose maintaining the existing six year plan and provide for general maintenance in the one year plan.  The date for the public hearing to consider action on the proposed One and Six Year Street Improvement Plan for the ensuing year was scheduled on February 9, 2009 at 6:00 p.m.

Motion by McCaulley, seconded by Falcone to approve the proposed Letter Agreement for Professional Services to be provided by Olsson Associates for a two year period commencing January 1, 2009 and ending December 31, 2011.  Motion carried with McCaulley, Falcone and Miller voting aye.  Nays:  None.  Absent:  Frew.

Copies of the Monthly Rescue Squad Activity Report were distributed for Council review, noting that there were 7 rescue calls during the month, resulting in a total of 41 man hours.  It was also noted in the report that the repeater at the transmitter site has been repaired and replaced with a new encoder control module, and that the backup repeater has been repaired and re-installed.  No Monthly Fire Department Report was available at the time of the meeting.

Bruce Sorensen presented the Monthly Water/Wastewater Report.  A letter from Mark Allison regarding the water pressure at his residence was addressed, with no immediate action being taken, as Bruce advised that the current amount of water pressure meets state minimum guidelines.

Copies of the Monthly Maintenance Report were presented for council review, in the absence of Rob Bauers.  It was agreed to pursue the necessary crowning improvements on the lower ball field at the end of the 2009 ball season.  The Clerk was advised to notify the school that the lower field would not be available for fall softball usage.

Motion by McCaulley, seconded by Miller to approve the proposal of Terminix for termite control treatment at the City Shop Building, plus a two year warranty, at a cost of $1,418.29.  Motion carried with all members of the council present voting aye.

Pending Health Board issues were addressed and will continue to be monitored.  Motion by Miller, seconded by McCaulley to adopt Resolution No. 08-21, which declares the Markham property a public nuisance and orders remedy of the same.  Motion carried with all members of the council present voting aye.

Under Old Business, Bob Steinhauser was present to address the Council’s consideration in allowing the use of golf carts and all-terrain vehicles within the city limits, which the City Council denied.

The following Annexation Ordinance was presented for second reading:
ORDINANCE NO. 578
AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS LAND TO THE CITY OF WEEPING WATER, NEBRASKA, AND DEFINING THE BOUNDARIES THEREOF.

Motion by Miller, seconded by Falcone to approve the 2nd reading of Ordinance No. 578. Motion carried with McCaulley, Falcone and Miller voting aye.  Nays:  None.  Absent:  Frew.

Motion by McCaulley, seconded by Miller to approve the low bid of Justin Backhaus in the amount of $123.45 for the equipment which was recently declared and advertised as excess city property.  Motion carried with all members of the Council present voting aye.

The following Ordinance was presented:
ORDINANCE NO. 579
AN ORDINANCE RELATING TO FLUORIDATION; TO PROHIBIT THE ADDITION OF FLUORIDE TO THE CITY’S WATER SYSTEM; TO REPEAL CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE AN EFFECTIVE DATE.
Motion by Falcone, seconded by McCaulley that the statutory rules be suspended so that Ordinance No. 579 might be introduced, read by title and adopted.  Motion carried with McCaulley, Falcone and Miller voting aye.  Nays: None. Absent:  Frew.  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 City Attorney was advised to prepare an ordinance which would address clarification of guidelines for city employee usage of the city utility vehicle, with consideration of approval for the same to be acted upon at the January meeting.

The following Ordinance was presented:
ORDINANCE NO. 580
AN ORDINANCE RENEWING THE CABLE TELEVISION FRANCHISE WITH GALAXY CABLE INC., D/B/A GALAXY CABLEVISION, AND APPROVING THE CHANGE OF EXPIRATION DATE.
Motion by Falcone, seconded by Miller that the statutory rules be suspended so that Ordinance No. 580 might be introduced, read by title and adopted.  Motion carried with McCaulley, Falcone and Miller voting aye.  Nays:  None.  Absent:  Frew.  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 adopt Resolution No. 08-20, which authorizes refinancing the existing loan balance for financing the Weeping Water Trail Project with Farmers and Merchants Bank for a period of five years.  Motion carried with McCaulley, Falcone, and Miller voting aye.  Nays:  None.  Absent:  Frew.

The following items of interest were noted: The State Department of Economic Development recently authorized the Notice of Release of Funds for CDBG#07-PW-020, and SENDD will proceed with the preparation of necessary documents in order to proceed with the bidding process as soon as possible; Notice has been received that FEMA/NEMA has approved the city’s Hazard Mitigation Plan, pending adoption of a Resolution authorizing approval by the plan participants;  Notice of the annual audit requirements were presented and the Mayor signed the engagement letter for Dana F. Cole & Company to perform said services; and acknowledgement was made of the receipt of $15,000 from the Day Trust Fund for further enhancement of the WW Trail Project.

As part of the annual reorganization meeting, the Mayor acknowledged the re-election of Raymond Frew and Robert McCaulley for four year terms to the City Council. The Oath of Office was administered to McCaulley and a Certificate of Election was presented.  As Frew was absent from the meeting said Oath of Office and Certificate of Election will be presented at the January meeting.  The Mayor then recommended the following appointments and standing committees for the ensuing year, which met with full council approval:  Maintenance Supt.-Robert W. Bauers Jr., City Clerk/Treasurer-Kay Gerdes, Deputy Clerk-Linda Fleming; City Attorney – The Firm of Svoboda & Chebatoris; City Engineer-The Firm of Olsson Associates; Water/Wastewater Maintenance-Contracted with PeopleService; Law Enforcement-Contracted with Cass County Sheriff’s Department; Mayor-Howard Stubbendieck, City Council-Robert McCaulley, Melody Falcone, Mitchell Miller and Raymond Frew.  Council President-Raymond Frew; Streets/Alleys Committee-Raymond Frew and Mitchell Miller; Water/Sewer Committee-Melody Falcone and Robert McCaulley; Finance Committee-Mayor, Clerk and City Council members.  A review of the list of City Boards and Committees was made, in which it was noted that the following have agreed to term re-appointments:  Pool Board-Linda Twomey; Planning Board-Marty Rupp; Housing Authority Board-Irene Michelsen; Library Board-Bill Duff; Communications Board-Bruce Sorensen and Wes Redden.  Board and Committee replacements for vacancies created by term expirations include: Pool Board - Lisa Barrett and Becky Thomas replacing Diane Vice and Teresa Bauers; Communications Board-Justin Backhaus, replacing Jean Thomassen; Reuse Committee-Tom Meeske, replacing Rob Hartman; Board of Adjustment-Bruce Moats replacing Bruce Sorensen.  It was noted that a vacancy remains on the Pool Board and on the Planning Board, which will continue to be pursued.

Based on a survey of Mayor/City Council wages of cities of comparable size, a motion was made by Falcone, seconded by McCaulley to approve an increase in monthly compensation of $50 in addition to the allowance for $25 for each special meeting, and to authorize the City Attorney to prepare an ordinance reflecting the same to be acted upon at the January meeting.  Motion carried with McCaulley, Falcone and Miller voting aye.  Nays:  None.  Absent:  Frew.

Motion by McCaulley, seconded by Miller to adopt Resolution No. 08-18, which adopts the Weeping Water Identity Theft Prevention Program.  Motion carried with McCaulley, Falcone and Miller voting aye.  Nays:  None.  Absent:  Frew.

Information received regarding the following was discussed and will continue to be pursued:  Congressional Economic Stimulus Package/Public Works Projects; possible opportunity available for grants to pay a portion of new outdoor system sirens; Nebraska Department of Roads local project administration requirements in order to receive federal funding; and an overview of a recent meeting with member of the Economic Development Committee and representatives of Martin Marietta.

Motion by Falcone, seconded by Miller to approve the following claims:  Salaries-9,482.17; Aflac, ben-26.62; Alltel, util-88.25; Black Hills Energy, util-159.35; Constellation New Energy,util-274.35; Farmers & Merchants Bk, whlg, s/c-2,768.55; Kansas State Bank, equip pmt-770.62; Nebr. Dept. of Revenue, whlg, sls tx-1,899.47; OPPD, util-3,235.10; Svoboda & Chebatoris, prof-300.00; Windstream, util-538.37; WW Trail Loan pmt-45,000.00; Paving Bond int pmt-5,272.50; PeopleService, prof-11,746.00; Cass County Refuse, reimb-10,616.50; Ameritas, emp ben-997.18; United Healthcare, ins-3,488.99; Chamber of Commerce, mtg-18.00; K. Gerdes, pstg reimb-5.32; CCNEDC, dues-1,500.00; Cass County Election Com., elec fees-224.23; Morgan Pet Clinic, prof-288.00; Reliable, off sup-93.76; WW Foods, maint-32.81; Keckler Oil Co., rep-445.16; Stop N Shop, fuel-180.40; Meeske Auto Parts, rep-698.83; Concrete Industries, maint-1,319.97; Omaha Standard, maint-338.71; Bobcat of Omaha, rep-144.43; Hotsy Equipment Co., sup-135.27; Olsson Associates, prof-1,078.38; Quality Fence, imp-230.00; Cass County Sheriff, prof-2,711.80; Linweld, sup-104.40; Midwest Vehicle, rep-294.37; Dokter Trucking, serv-675.00; Village Nursery, cap imp-4,850.00; Lawn Order, serv-203.00; Johnny On The Spot, maint-330.00; Baker & Taylor Co., bks-504.97; Reminisce, bks-10.00; Consumer Report, bks-12.00; Julie Donham, animal control-74.34; Great Plains One Call, serv-10.10; Meeske Ace Hardware, rep/maint-2,399.84; T. Anderson, snow removal-63.75; Journal Consumer Connection, pub-249.24; Fleet Services, fuel-145.90; HD Waterworks, rep-150.83.  Motion carried with all members of the Council present voting aye.

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


/s/ Kay Gerdes, City Clerk
/s/ Howard Stubbendieck, Mayor