Weeping Water Nebraska

MARCH 9, 2009

A meeting of the Mayor and City Council of the City of Weeping Water, Nebraska was held at City Hall in said City on the 9th day of March, 2009, at 6:00 p.m.  Present were Mayor: Howard Stubbendieck; Councilmembers:  Bob McCaulley, Mitch Miller and Ray Frew.  Absent:  Melody Falcone.  Notice of the meeting was given in advance thereof by publication and posting, a designated method for giving notice, as shown by the Affidavit of Publication and Certificate of Posting Notice attached to the minutes.  Notice of this meeting was given to the Mayor and all members of the Council and a copy of their acknowledgment of receipt of notice and the agenda is attached to the minutes.  Availability of the agenda was communicated in the advance notice to the Mayor and Council of this meeting.  All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.  The Mayor publicly stated to all in attendance that a current copy of the Nebraska Open Meetings Act was available for review and indicated the location of such copy posted in the room where the meeting was being held.
    The Mayor stated that the purpose of the meeting was to fully consider objections to the passage of the Resolution of Necessity for additions to the existing sewage treatment facility of the City in Sanitary Sewer District No. 2009-01 of the City, as proposed at the meeting of the Mayor and Council held on the 17th day of February, 2009, and spread at length on the minutes of that meeting and to consider objections to the making of the improvements as provided for in such resolution.  The Clerk reported that no protests to the proposed improvements or to the Resolution of Necessity were filed in her office prior to the time set for such filing.
    Council Member Miller then introduced the following resolution and moved its adoption.  Council Member Frew seconded the motion.  Upon roll call vote, the following Council Members voted in favor of the adoption of said Resolution:  McCaulley, Miller and Frew.  The following voted against the same:  None.  Absent:  Falcone.  The Mayor thereupon declared the motion carried and said Resolution duly passed and adopted.  A true, correct and complete copy of said Resolution is as follows:
    The Mayor and Council hereby find and determine: That there was proposed at a meeting of the Mayor and Council of the City of Weeping Water, Nebraska on February 17, 2009, a Resolution of Necessity for the construction of sanitary sewer improvements within the City; that notice of pendency of said Resolution was published as provided by law; that the Mayor and Council of the City of Weeping Water, Nebraska having considered the proposed Resolution of Necessity so presented and proposed be adopted as proposed.
    PASSED AND APPROVED this 9th day of March, 2009.
                    /s/ Howard Stubbendieck, Mayor
/s/ Kay Gerdes
City Clerk

    It was moved  by Council Member McCaulley and seconded by  Council Member Miller that the following Resolution be adopted as read:  Upon roll call the following Council Members voted in favor of the adoption of said Resolution:  McCaulley, Miller and Frew.  The following voted against the same:  None.  Absent:  Falcone.  The Mayor thereupon declared the motion carried and said resolution duly passed and adopted.  A true, correct and complete copy of said resolution is as follows:
    That pursuant to a Resolution of Necessity proposed at a meeting of the City Council on February 17, 2009, and finally adopted on this date, it is hereby ordered upon motion of this Council without petition of property owners, that the improvements all as set out in said Resolution of Necessity as finally passed and which Resolution of Necessity is by reference made a part hereof, be constructed.
    The Mayor and Council further find and determine that all actions previously taken by the Mayor and Council with respect to the advertisement for bids and award of contracts are hereby ratified and confirmed.
    PASSED AND APPROVED this 9th day of March, 2009.
                        /s/ Howard Stubbendieck, Mayor

/s/ Kay Gerdes
City Clerk


    The public hearing was closed and the regular monthly meeting was opened with all members except Falcone answering roll.  Minutes of the February 9, and February 17, 2009 meetings were approved as presented. Notice of the meeting was given in advance thereof by publication in the March 5, 2009 edition of the Plattsmouth Journal, as well as being posted in three public places in the city.
    Under Open Forum a representative of Wachter Electric Company provided information regarding the company’s services and requested to be considered in any upcoming projects.
      Members of the Pool Board were in attendance to address various concerns regarding the operation of the Municipal Swimming Pool for the ensuing season, which included the following:  increasing salaries of pool personnel, decreasing the cost of pool admissions, offering a variety of community oriented programs, possible change of operation hours, daily operational requirements, necessary maintenance and supplies needed prior to the season opening and the lack of response for an adequate number of required employees. As the Board currently does not have enough applicants to fill the positions available, it was agreed to extend the deadline for Swimming Pool Employment Applications to April 1, 2009 and post notice of the same. The various items of concern will be taken under advisement and addressed at an upcoming special meeting of the City Council.
    As the annual audit report was not yet completed, it was agreed to schedule a special meeting on Monday, March 30, 2009 at 10:00 a.m. at City Hall to act on the same.
    Art Davis discussed plans for the annual Limestone Days, to be held on June 27, 2009 and requested the city’s permission to temporarily close a portion of the city streets for the parade and the bike races, as well as utilize various city properties for the events planned, all of which met with full council approval.    Following discussion regarding clarification of recent legislation pertaining to all-terrain vehicle usage on city streets, it was noted that use of the same is authorized in the parade only.
    Mr. Davis submitted his resignation from the City Lake Committee, after which the City Council agreed to pursue seeking a replacement for the vacancy created.
     The following monthly reports were presented:  Police Activity Report, noting that 180 hours were patrolled during the month, with 25 calls of service, resulting in 3 citations and 8 warnings being issued; Rescue Squad Activity Report, noting that there were 7 rescue calls during the month, resulting in a total of 47 man hours; Water/Wastewater Report presented by Bruce Sorensen; and the Maintenance Report.  Equipment needs and costs were discussed with action being tabled for additional review.  Motion by McCaulley, seconded by Miller to authorize all summer employment non-managerial starting salary positions at $7.25 per hour and to authorize the Maintenance Superintendent to proceed with the interviewing process and potential hiring of eligible applicants who applied for the summer employment maintenance positions.  Motion carried unanimously.
    The City Attorney provided updates on ongoing issues pertaining to zoning/building code violations and delinquent business reuse loans.
    It was noted that representatives of the UCC Congregational Church approved and signed the newly proposed Lease for the City to use the building currently housing the Public Library for a period of two years.
    Motion by Miller, seconded by McCaulley to approve the bid of David and Lisa Swanson and John and Theresa Bauers in the amount of $502.00 to operate the Concession Stand for the 2009 Ball Season and during Limestone Days.  Motion carried unanimously.
    Updates were provided regarding the status of the new brush/compost site, notification of stimulus payments that may be available for the water meter replacement program and water main replacement, and proposed street cleaning.
     The Clerk was advised to pursue the application process for available OPPD Tree Grant funds to further enhance the area around the City Lakes and the hiking/biking trail.
Following review of the proposal for annual renewal of the City’s insurance, a motion was made to approve said proposal at a cost of $15,133 per year, subject to changes resulting from the following:  deny terrorism coverage, increase value of Library contents, and revise city equipment list coverage.  Motion carried unanimously.  It was noted that the fire/rescue coverage is insured separately on a policy that renews May 1st.
The city’s share of financial obligation for the Auditorium Renovation Project was discussed with any action being tabled for further review.
An update of recent Building Permit Activity included the following: D.R. Anderson for PCS-Plant Office & Boiler Room Addition; Dale Nielsen-foundation under existing building; and Mark Allison-commercial building addition.  Miscellaneous Permits approved included: Phil Rhodes-greenhouse on existing concrete slab and Jim Thoms-Grain Bin outside city limits.
The Mayor provided a brief overview of a recent League Conference he had attended, after which a motion was made by McCaulley, seconded by Miller to accept the following claims:  Salaries-8,605.75; Aflac, emp ben-26.62; Alltel, util-87.97; Ameritas, emp ben-970.77; Black Hills Energy, util-376.07; Constellation New Energy, util-1,799.17; Farmers & Merchants Bank, whlg & s/c-2,552.07; Kansas State Bank, equip pmt-770.62; Nebraska Department of Revenue, sales tax, whlg-1,278.29; Post Office, pstg-192.00; OPPD, util-3,095.11; Svoboda & Chebatoris, prof-300.00; United Healthcare, ins-3,488.99; Windstream, util-537.12; Paving Bond Interest payments-3,342.83; PeopleService, prof-11,746.00; Cass County Refuse, reimb-10,721.67; Papillion Fire/Rescue, reimb-108.00, Chamber of Commerce, mtg-18.00; K. Gerdes, mlg-42.90; H. Stubbendieck, mlg-72.60; Heartland Classified Service, adv-122.00; Redfield & Co., off sup-315.32; Meeske Auto Parts, rep/maint-118.74; Keckler Oil Co., rep-2,297.17; Olsson Associates, prof-802.68; Dobson Bros. Construction, maint-661.20; Econo Signs, sup-214.17; Dale P. Nielsen, rep-33.72; Eastern Nebr. Auto Rec., rep-15.00; Cass County Sheriff, prof-2,711.80; Linweld, sup-46.15; Allmed, sup-20.52; Nebr. Dept. HHS, prof-140.00; Aqua Chem, imp-1,763.05; D. Henley, maint-50.00; J. Aronson, mlg-66.00; Baker & Taylor Co., bks-351.80; Meeske Hardware, rep/maint-268.11; HD Waterworks, equip-8,160.00; Sensus Metering System, prof-1,320.00; T. Anderson, maint-50.00; Journal Consumer Connection, publ-619.04; Great Plains One Call, serv-4.87; Stop N Shop, fuel-251.89; Fleet Service, fuel-80.32; Miller Monroe Co., ins pmt-3,784.00; Cass County Treasurer, reimb-3,358.31; WW Foods, sup-42.15.  Motion carried unanimously.
Motion by McCaulley, seconded by Miller to adjourn.  Motion carried unanimously.

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