Jogger, walkers want action by McCook City Council

Friday, January 18, 2013

McCOOK, Nebraska -- While local walkers want the city to keep one of their favorite exercise spots open, a woman is asking the city to pay for injuries she sustained while jogging outdoors.

Monday, the McCook City Council will receive a claim for damages from a 20-year-old McCook woman who is seeking compensation from the city for an injury she suffered while jogging home from a friend's house, on a Saturday evening in December.

According to the claim, Ashley Weir of 305 E. Third Street No. 4, the incident occurred at 8:30 p.m., the evening of Dec. 8, 2012.

The claim states Weir was jogging home near the south sidewalk of West 10th and M Street, near 1014 West M Street, when her foot slipped in a cutout in the sidewalk. She subsequently called another woman to come pick her up and was transported to the emergency room at Community Hospital.

The claim is accompanied by $1,779 in medical bills from Community Hospital and Central Nebraska Orthopedics.

Councilors will review and file the claim during their regularly scheduled meeting, Monday evening, 7:30 p.m., at council chambers in the new Municipal Facility on West C Street. The meeting will be the first city council meeting located at the new building.

Also during the meeting council members will consider a request from a group of morning walkers that Memorial Auditorium be kept open on a daily basis for their continued use. City staff closed the facility to morning walkers and turned down the heat to the building, following the opening of the new municipal facility last week.

According to the meeting agenda the building has averaged just under $20,000 annually to operate and maintain, while city administration offices were located within it. Revenue from auditorium rentals totaled $2,810 in fiscal year 2011-12.

According to city staff the city's insurance broker "strongly suggests that the city cease and desist the practice of open walking without supervision."

City staff did not have a market/appraised value for the facility available but said it was insured at $2.5 million, or $123 per square foot.

Councilors are anticipated to review the provided cost information, discuss the future of the facility and provide direction to city staff pertaining to the request from the morning walkers.

Councilors will also receive and file a claim for damages from the city's contracted trash hauler, Fritz Trucking. The claim seeks compensation for damage caused to one of the trucking company's trailers while being loaded by city staff and is the second such claim from Fritz Trucking this year.

Other items on the consent and regular agenda:

* A lease agreement between the city and Wells Fargo Bank for financing of a $123,944 front end loader for the street department will be considered for approval. The five-year lease agreement has an interest rate of 2.44 percent and sets five annual payments of $26,747.

* A second lease agreement between the city and First Central Bank for the purchase of three new cardiac monitor devices for the EMS Department will also be considered. That lease will finance $81,303 over a five year period and with an interest rate of 3.75 percent.

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  • YOU'VE GOT TO BE KIDDING ME? Maybe she should've been paying closer attention to where she was "jogging". And, the last time I checked, if sidewalks needed to be repaired, it was up to the property owners not the City. This just goes to show you that we've become a "sue happy society".

    -- Posted by FNLYHOME on Fri, Jan 18, 2013, at 2:34 PM
  • I've lived in a lot of different places and McCook has the worst sidewalks I've ever seen. The city needs to do more to improve sidewalks and should be responsible for accidents that occur because of their negligence in sidewalk maintenance.

    -- Posted by cq22 on Mon, Jan 21, 2013, at 2:42 PM
  • Sue happy indeed. Everybody child proof everything. Its a sad day when personal accountability is dwarfed by easy money... Alas, welcome to America in the 2000s. This used to be a country that prided itself on its ability to overcome strife as the most ambitious, bravest and resilient nation in the world. We live in sad times!

    -- Posted by Nick Mercy on Tue, Jan 22, 2013, at 10:27 AM
  • Cq, what do you know about city municipalities? The City doesn't maintain personal property. So far as I know, they never have. The sidewalks in front of personal property, or low hanging branches over the sidewalk.... These things are the property owners responsibilities.

    When did we start to expect the government to pay for the upkeep on our houses? I guess it was when The People decided it was ok to let the government dictate what we eat, where we go, what we read. The problem with asking the government to flip the bill for everything is that we loose our independence, I guess for some that is a fair trade.... I however believe that The People are still the ones that should be making the final decisions that this country make. If the City becomes responsible for your personal property, don't be the first in line to complain when they implement the authority to dictate what time you wash your clothes. "A borrower is forever indebted to their creditor's command".

    -- Posted by Nick Mercy on Tue, Jan 22, 2013, at 10:51 AM
  • I plan on taking out the sidewalk in front of my house and planting grass. Oh wait, the city won't let me. So whose sidewalk is it?

    -- Posted by president obama on Wed, Jan 23, 2013, at 1:05 PM
  • Pres...... its yours. Any more questions?

    -- Posted by Nick Mercy on Wed, Jan 23, 2013, at 11:34 PM
  • So I can remove it?

    -- Posted by president obama on Thu, Jan 24, 2013, at 7:32 AM
  • No..... This is the paradox that occurs with a socialist government. My point exactly, when the people depend on government handouts, they are soon to be indentured by those that support them.

    If anyone knows about a socialist state.... Your namesake would.

    -- Posted by Nick Mercy on Thu, Jan 24, 2013, at 4:38 PM
  • We made the jump from someone getting injured on the sidewalk to a rant about socialism in the federal government. Nice Segway, eyes are rolling

    -- Posted by president obama on Fri, Jan 25, 2013, at 7:30 AM
  • How about being responsible one's own actions.

    If I walk at night i carry a flashlight and watch where i step to avoid ice, broken concrete etc etc etc. A runner should be even more aware.

    8:30 pm is full dark thirty on December 8th., lack of common sense is not the responsibility of the city.

    -- Posted by Fundin on Fri, Jan 25, 2013, at 9:24 AM
  • I know of two separate sidewalk policies in other states. In one state I lived in, the city was responsible for sidewalk maintenance, so they regularly inspected the sidewalks of the entire city, much larger than mccook, and shaved down the bumps with a concrete grinder.

    In the city my parents live in, the city routinely inspects sidewalks and in their city the home owners are responsible to replace cracked and dangerous sidewalk squares. They come, give you the option of replacing them with city workers or hiring your own company, and both are at your expense.

    Either way, the sidewalks are maintained properly. I can't even push a stroller in this town without getting stuck on bumps everywhere.

    -- Posted by cq22 on Fri, Jan 25, 2013, at 12:12 PM
  • My segue is in regard to the general state of a sue happy society. That relates to no personal accountability, that leads to needing others to support you, that leads to government support, that leads to government dependency, that leads to government control, that leads to socialist state.... That IS a good segue! But this is what happens when we aren't aware of our surroundings and the conditions therein.

    Once the flood gates are opened... Well you get the point.

    If this sue happy society that we live in persists, your eyes won't be the only thing rolling.

    -- Posted by Nick Mercy on Fri, Jan 25, 2013, at 12:15 PM
  • What time does the new MCC Event Center open, why not walk there in the AMs. Rather than open an empty building and have to probably heat it more than it is just setting empty. Or the YMCA they can check it out.

    -- Posted by michaelh.1155 on Tue, Jan 29, 2013, at 3:40 PM
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