Weeping Water Nebraska




JULY 12, 2010


Mayor Howard Stubbendieck called the monthly meeting of the Weeping Water City Council to order at 6:00 p.m. on July 12, 2010 at City Hall with the following members of the Council answering roll:  Bob McCaulley, Ray Frew, Jo Nutter and Mitch Miller.  Absent:  None.  Notice of the meeting was posted in three public places in the city on July 8, 2010.  The posted location of the Nebraska Open Meeting Act was noted by the Mayor.  Minutes of the June 14, 2010 meeting were approved as presented.

The following Monthly Reports were presented:  Water/Wastewater Report-in addition to the various operational and maintenance activities performed during the month, a major portion of time was devoted to recovering from flood damage at the Wastewater Treatment Facility.  It was noted that the controls at the lift station required repairs due to flood damage and that the water well pump control panel had to be repaired due to lightning damage.  Concerns over excessive water usage by PCS Phosphate were again discussed and will continue to be monitored.  Fire Report-calls made during the month were noted by the Fire Chief.  An assessment of flood damages/losses to the lower level of the Fire/Rescue Building was addressed and will be documented.  Motion by Frew, seconded by Miller to approve the bid of Jerry Markham for repair of the existing Trane furnace in the Fire Building, replacement of the air conditioner and the second furnace in the Fire Building and replacement of the furnace in the Rescue Building at a cost of $4,560.  Markham also agreed to assist with the replacement of a new hot water heater for the building.  The Fire Chief asked if a portion of the alley behind the Fire/Rescue Building could be graded to eliminate water drainage problems, which the Council agreed to consider, if feasible. Health Board- update on the Thomas property abatement proceeding was provided.  Copies of the Police Report were distributed for review.  No Maintenance Report or Rescue Squad Report was available.

Don Day of Olsson Associates provided an update on the completion of the Gospel Run Bank Stabilization Project and presented a Project Damage Assessment from the recent flood. Change Order #3, which reflects an extension of the contract dates, but does not provide for any cost changes, was presented for Council review, with a motion being made by Miller and seconded by McCaulley to approve said Change Order #3.  Motion carried unanimously.  Action on releasing the retainage fees and authorizing the final pay request was tabled to allow the City Attorney to review contract terms regarding potential contractor insurance coverage that may be available for any flood damage compensation.    It was agreed to conduct a special meeting on July 27, 2010 at 9:00 a.m., to address these pending issues and to consider action on a proposed Ordinance authorizing bonding for long term financing of the Gospel Run Bank Stabilization Project improvements.

The following Ordinance was presented:


AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA, AMENDING SECTION 93.02 OF THE WEEPING WATER MUNICIPAL CODE, TO REMOVE THE EXCEPTION OF A CAT FOR ANIMALS RUNNING AT LARGE; TO PROVIDE FOR A DATE UPON WHICH THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.  Motion by Frew, seconded by McCaulley that the statutory rules be suspended so that Ordinance No. 591 might be introduced, read by title and adopted.  Motion carried with McCaulley, Frew, Nutter and Miller 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.

Areas of concern with the PeopleService Water/Wastewater Operation and Maintenance Agreement were addressed in the form of a letter following a meeting with PeopleService officials.

A request for the city to cover the costs for an additional two inches of concrete to the depth of the concrete to be poured in the alley behind the Auditorium was tabled until estimated costs for the same could be reviewed.

Motion by Miller, seconded by McCaulley to renew the city’s membership with Southeast Nebraska Development District, with annual dues for the same being $1,575.00.  It was further moved to deny the request for city support of the Southeast Nebraska Development District’s Affordable Housing Programs.  Motion carried unanimously.

A request for the City to adopt a Resolution of support for the Scenic Weeping Water Valley Association’s pursuit of amending the Cass County Land Use Plan to expand the categories to include an Agri Tourism Zoning Designation was addressed with action being tabled for further review.

An assessment of the overall community flood damage was made, acknowledging the volunteers that assisted in evacuation of the campground, debris removal, restoration of trees, and various other restoration efforts.

Motion by Miller, seconded by Nutter to approve the request of Bruce Lawson for a waiver of sidewalk setback regulations to allow placement of the same next to the curb, subject to approval of the Planning Board.  Motion carried unanimously.

It was noted that a letter was received from Galaxy Cablevision Inc., advising of the pending transfer of its cable television properties and related assets to Zito Midwest LLC.

A request to close a portion of Eldora Avenue for a Car Show during the Fall Festival on September 25th met with full council approval.

The suggestion to check into the costs of a surveillance system for city properties was made and will continue to be pursued.

Motion by McCaulley, seconded by Miller to approve the following claims: Salaries-17,678.51; OPPD, util-4,398.53; Farmers & Merchants Bank, whlg/s/c-4,358.47; Black Hills Energy, util-246.15; Ameritas, emp ben-1,264.89; Aflac, emp ben-26.62; Constellation New Energy, util-56.39; Nebraska Dept. of revenue, sales tax, whlg-1,465.95; Cass County Refuse, reimb-10,627.25; PeopleService, prof-11,499.00; Post Office, pstg-288.00; Reimb of camp fees-1,110.00; D. Hall, animal control-634.08; Kansas State Bank, equip pmt-770.62; Svoboda & Chebatoris, prof-300.00; T. Anderson, maint-51.00; United Healthcare, ins-3,833.83; Verizon, util-121.40; Windstream, util-881.97; Bond pmts-3,042.25; A. Bauers Trucking, maint-360.00; Allmed, sup-15.60; A. Schneider, ump fees-70.00; A. Patterson, resc reimb-100.26; Aqua Chem, sup-379.36; B&R Wallrock, rep/maint-525.00; B&W Company, st maint-3,200.00; Bauers Trucking, LLC, maint-600.00; Cass County Sheriff, prof-1,337.40; Chamber of Commerce, mtg-12.00; Choice Electric, rep-130.00; Columbus telegram, publ-464.98; Community memorial Hospital, vac fees-103.00; Crane Rental & Rigging, rep-1,182.50; Creative Edge Graphics, maint-48.00; Dale P. Nielsen, Inc., rep-452.82; EMS Billing, reimb-915.43; Fleet Services, fuel-208.11; General Fire & Safety, maint-746.00; Keckler Oil Co., rep-11.00; Kerford Limestone, rep/maint-2,355.12; Kerns Excavating, maint-400.00; Linweld, sup-83.30; Martin Marietta, rep/maint-217.48; Medicare, resc reimb-838.38; Meeske Hardware, rep/maint-1,956.47; Meeske Auto Parts, rep-74.19; Nebr. U.C. Fund, unemp tax-399.41; Olsson Associates, prof-657.00; R. Fletcher, ump fees-255.00; Reliable Maintenance, sup-193.65; Stop N Shop, fuel, sup-1,182.95; Stubbendick Implement, rep-443.42; WW Public School, liquor lic trans-1,000.00; Public Safety Center, sup-359.77; Baker & Taylor Co., bks-522.22; Johnny On the Spot, maint-206.17; Hoss’s Lawn Care, maint-150.00; Mainelli Wagner, prof-951.50; WW Foods, maint-9.57.  Motion carried unanimously.

Motion by Nutter, seconded by McCaulley to adjourn.  Motion carried unanimously.



/ Kay Gerdes, City Clerk     

/ Howard Stubbendieck, Mayor