Council Summaries - June 1, June 3, and June 15, 2021

Individuals and media outlets are encouraged to contact the City Administrator for additional details or clarification on the following material. Regular meetings of the Crete City Council are held on the first and third Tuesdays of the month at 6 p.m. in the Council Chambers on the second floor of City Hall; Council Standing Committees may meet prior. View a list of City Officials and current council and committee meeting agendas.

Summary for Crete City Council Regular meeting - Tuesday June 15
View this Meeting Agenda and attachments

The council approved the Consent Agenda items:

• Minutes of the following meetings: Finance Committee June 1, Legislative and Economic Development Committee June 1, Public Safety Committee June 1, City Council June 1
• Treasurer’s Report
• Claims against the City 
• Approve Contracts and Contract Renewals 
  • Service agreement for Lifepaks and LUCAS devices with Stryker in the amount of $6,835.20.

Approved the following Mayor’s Appointments:

• Dave Jurena to fill the Planning Commission vacancy for the term ending April 2022; Sarah Brown to fill the Civil Service Commission seat for the term May 2021 to May 2026; Anthony Fitzgerald to fill the Airport Authority vacancy for the term ending December 2026. 

Report by AMGL - CPAs and Advisors on the annual independent audit of financial statements. 

• Marcy Luth, from AMGL went through this report with the Finance Committee and gave a summary of key points to the full council. This report contains comparisons with similar municipalities to Crete - peer groups - as well as five-year averages. She said Crete’s property evaluation is a little less that the peer group average, meaning Crete property values total less than comparable communities so Crete has to levy more property tax and receives more in state assistance to fund the same activities as others. Crete’s spending is consistent by department and categories over time and tends to run less than peer group averages; general expenditures and public safety expenditures are similar to what Crete’s peers spend. The city’s cash reserves are higher than recommended at $2.8 million, while lighter on the utilities side at $5.7 million. Overall, the city is in very good financial standing.

Report from the Police Department regarding nuisance property abatement compliance. 

• Police Chief Steve Hensel reported about 80 percent of everyone contacted about nuisance properties offered voluntary compliance to correct issues such as inoperable vehicles and trash/debris accumulation; the other 20 percent were sent to the city attorney or cleaned up by the city through the nuisance property process. Through 2021, other nuisance properties are in various stages of activities, including warnings issued, extensions granted, however, the department is prepared to send some of these to the city attorney for further action. Hensel thanked the mayor and council for their support, as well as cooperation from Building Inspector Brad Bailey, City Attorney Kyle Manley, the department’s Code Enforcement Officer David Paxton, and Street Department personnel.
• Mayor Dave Bauer thanked the departments for their cooperation and efforts in this process. He said it’s great to hear the majority of contacts end in voluntary compliance, meaning the public is responding positively.

The Council adopted Ordinance 2126: An ordinance to annex West Crete Addition. This was the third and final reading.

• City Administrator Tom Ourada noted that affected property owners still have concerns. Information he received late last week from the engineer indicated that the city will have to bore the entire railroad right-of-way for water and sewer access which will add considerable cost. With that, right now the plan is to serve the one property that needs to meet compliance and then the city may not do anything else right away regarding water and sewer connection other than running south along 13th Street. If the situation changes, the council will take that up and the owners will be involved in discussions. Tom will work with the Planning Commission and Council to create a hybrid ag/residential zone in order to not only benefit the West Crete subdivision but leverage opportunities in the flood plain as well as other possible areas and for the general well-being of the community. Tom also explained and showed a copy of the ordinance dated July 21,1885 that annexed West Crete, as researched by the city attorney. Additional copies were available at the meeting from the city attorney.
• Mayor Bauer said the city is trying to work the best they can with the individuals through this process.
• Janet Bartek, 1355 Wyoming, asked if selling a house in this area, without city water and sewer connections, would mean the seller or buyer would have to connect to city services. Ourada clarified that connection status shouldn’t change anything in terms of selling a property, if all existing systems (water well, septic, etc.) were in working order.

The Council approved closing portions of city streets and Highway 33 on July 17, 2021 for the Saline County Fair Parade. 

• Hensel explained the parade route goes up Main Ave from 9th to 12th streets, then west on 12th Street and cuts across at Quince Ave to West 13th Street and into Tuxedo Park. This route does not create the need for closing a stretch of Highway 33/103 on East 13th Street and would mean parade entries could possibly stage on 9th street because the highway will not be detoured there.

The Council adopted Resolution 2021-07: A resolution accepting the duties set out by state law and agreeing to indemnify the NDOT from all claims that may arise from using Highway 33/103 for the Saline County Fair Parade on July 17, 2021. 

The Council approved amending the library policies and the Master Fee Schedule to eliminate the fee for a library card. 

• Travis Sears said the Finance Committee discussed this issue several times with input from Library Director Joy Stevenson and recommended to eliminate the fee schedule for all library cards.

The Council tabled this item until the first regular meeting in July: terminating the HR Services Agreement with Zelle. 

The Council approved entering into a new Interlocal Agreement for Emergency Dispatch Services with the City of Beatrice in the amount of $278,100.00 with 3% annual increases. 

• Ourada explained this renewal was reviewed by City Attorney Manley, Chief Hensel, and the Beatrice Police Chief and was recommended by Public Safety Committee.

The Council waived three readings and adopted Ordinance 2129: An ordinance relating to fire prevention that reduces restrictions on outdoor fireplaces that burn natural gas or propane. 

• Ryan Hinz said the language will show two things that must be ten feet or more from a structure: 1) a fire pit that burns wood and 2) a homemade fire pit without manufacturer’s recommendations.

The Council waived three readings and adopted Ordinance 2130: An ordinance relating to zoning administration, compliance, and enforcement on recommendation of the Legislative and Economic Development Committee.

• Ourada explained this changes were to start preparation for the addition of a public works director and revise how planning and zoning would be administered moving forward.

The Council approved closing city buildings at 4:00 pm on June 17 in order to allow employees to attend the City Employee Recognition Dinner. (Library will close at 5pm)

Officer Reports:

Reports may be given by Officers, Departments, Committees, or Council members concerning the current operations of the City. No action can be taken on matters presented under this title except to answer any questions or to refer the matter for further action.

• Police Chief Steve Hensel reported the department is working diligently to investigate leads on a series of vandalism incidents in the city.
• Ryan Hinz, Council Member Ward II, reported the Lincoln Food Bank’s monthly drive-thru distribution on Doane’s campus served 287 people.
• Tom Ourada, City Administrator
  • Tom would like to install an electric vehicle charger, most likely on the corner of 12th and Linden Ave. This could be done with some electric rebate funds and possibly a grant from the Nebraska Community Energy Alliance, of which the city is a member. Crete is one of a few comparable communities without an electric charging station. Cost of a level 2 charge is about $7,000 and a DC fast charger is estimated at $40,000.
  • We will look into refinancing bonds that are currently at 3%. There was a time when we would refinance looking for 3%.
  • A new street name will be needed for the street connecting East 13th Street on what was County Road 2400 to Fairway Drive in the new addition to Fairway Subdivision now in city limits. Tom will bring suggestions and work with the Public Works Committee on this.
  • Tom has been contacted by Janet Jeffries one a plaque she and Tom King have been working on for the old library. So he pointed out that he, the Mayor, and Park and Rec Committee need to move forward on the layout of the old library site.
  • The Council will look at changing fireworks dates to inform vendors in 2022. The Mayor agreed, and Tom suggested putting it on the July 6th agenda.
• Mayor Dave Bauer
  • The city received a thank you note from Sarah and Kenny Brown, who live next to the new library, thanking the city for the work to reduce noise generated by the library’s air conditioning units. They mentioned help from Tom Ourada, Brad Bailey, and Travis Sears.
  • Phyllis Kohl was presented a certificate of recognition of her 25 years of service after recently stepping down from the Civil Service Commission.

Meeting adjourned. 

Summary for Crete City Council Special meeting - Thursday, June 3
View this Meeting Agenda and attachments

The Council authorized a relaxation from the standard grade requirements found in CMC 8-208(2) for the sidewalk at 815 Fairway Court.

Meeting adjourned.

Summary for Crete City Council meeting - Tuesday, June 1
View this Meeting Agenda and attachments

The council approved the Consent Agenda items:

• Minutes of the following meetings: Personnel Committee May 18, City Council May 18, Special City Council May 26
• Treasurer’s Report
• Claims against the City
• Contracts and Renewals: 
  • Copier lease and support agreement with Capital Business Systems.
  • Construction management agreement with SENDD for the 2021 DTR program.

The Council approved the Mayor's appointment of Dan Papik to the vacant First Ward Council member seat for the term ending December 2022. 

• Mayor Dave Bauer said he nominated Dan Papik because he met the qualifications and expectations set for the position; he has also contributed to the community in various ways and wants to continue serving the community. Papik will chair the Personnel Committee and fill the open seats on the Finance and Public Works Committees. Papik took the oath of office from City Clerk Jerry Wilcox.

The Council approved Main Avenue Art Market's application for a Special Event Permit, which involves closing Main Avenue between 12th and 11th streets on Friday, June 4 from 5:00 pm to 10:00 pm.

• City Administrator Tom Ourada said this is typical of how the city has done applications for special events of this type in the past and this will be a monthly event coordinated by the Blue River Arts Council and Main Avenue Art Market with Elayne Woods Jones as chair of the Main Avenue Art Market committee.
• Council Member Ryan Hinz asked about traffic detours around the closed block on Main Ave. Police Chief Steve Hensel explained the department work with the Street Department to make sure there are no issues.
• BRAC board president Shaylene Smith said they also work with City Bank and Trust to keep the bank’s drive-thru clear until it closes for the day.

The Council tabled this issue to the next regular council meeting on recommendation of the Finance Committee: Consider amending the Master Fee Schedule to adjust the rates and fees charged for the use of the Community Center, Sertoma Building, and Community Room. 

The Council adopted Resolution 2021-06: An NDOT Resolution for the City's final acceptance of the construction of the Tuxedo Park Bridge.  

• Ourada explained this is a federal and state statutory requirement upon completion of the bridge construction and replacement project. It turned over responsibility for the property and maintenance formally to the City. It was further  recommended by the Public Works Committee.

The Council approved the second reading of Ordinance 2126: An ordinance to annex West Crete Addition. Public comment was provided by property owners in the proposed area and from city officials.

• Ourada said no facts have changed since the first reading on May 18; annexation ordinances are required to go through all three readings. He restated several points: the state is asking the city to relax its regulations, which the city does not want to do; city officials still have not found anything that says this area is not outside of city limits after they found records indicating the area was already annexed prior to 1900. Property taxes will have to be paid regardless of any improvement districts done for water and sewer.
• Mayor Bauer said if the council is willing to defer the connections for some time later for certain properties, those property owners are not guaranteed any federal funding that is available for the project now.
• David Jurena, 1550 West 14th Street: asked several questions about why property owners would want this and what is the benefit; he questions the owners having to spend money for something they don’t need, which could be difficult for most of the owners in this section.
• Theresa Vernon, 1407 Idaho Rd: asked about the properties on the south side of West 13th, which Ourada clarified the south side is in city limits already; Vernon said this area would like to be left alone, and asked why the county didn’t know when this area had been annexed.
• Janek Bartek, 1355 Wyoming: asked why the records showing annexation wasn’t known by the city until now.
• Ourada explained the city’s full time attorney looked into 100 years of legal records concerning the city to find the records in question, and he didn’t know if any contract city attorney before him had the time to do that or was able to do research to that depth.
• Mayor Bauer explained the annexation process is continuing because the city is still not 100 percent sure the property was kept in city limits. He said this process gives property owners a chance to speak and be heard and he truly feels it will be to the benefit of these properties now. He understands they may not be ready for the sewer and water connections and the council can take those situations under consideration when determined the improvement districts. He addressed the increase in property tax concerns saying the city has the right to annex property within its two-mile jurisdiction and when living that close to the community, but not in city limits, those property owners use roads coming in and are able to take advantage of other city improvements just like anyone living in the city limits. Crete taxpayers are paying for the new library, parks, and schools, as well as attracting quality hospital services and other community benefits.
• Nancy Keller, 1308 Idaho Rd: asked about the livestock animals already kept by most property owners and wanted them to be grandfathered; she has gone through the abstract papers for her property and it was always referred to as West Crete up to the 1960s.
• Ourada explained the livestock animals were not legal in that area to begin with because the properties would still have been subject to the city’s two-mile zoning jurisdiction whether they were in the city limits or not so grandfathering is not possible. City zoning still applies to these properties and doesn’t allow for livestock, it simply wasn’t enforced properly. He noted he recommended to the Planning Commission to consider a new zone, like an ag-residential zone at their May meeting, that would allow the types of animals and farming currently there. The planning commission was receptive to the idea.             

The Council enacted Ordinance 2128: An ordinance directing the sale of Lot 8 and the east 1/2 of Lot 9, Block 1 (Isis Theatre) to the Blue River Arts Council for $90,000. 

• Ourada said the city and parties involved have been working on this since 2018 on the agreement that the city would buy the theatre until an entity was formed to take it over. The city fulfilled its mission and BRAC (Blue River Arts Council) is fulfilling its mission with the ultimate goal to have a community building for arts and entertainment. Once this ordinance is enacted, there is a 30-day period for public right of remonstrance, which is common in the sale of real estate owned by the city.
• Shaylene Smith said upcoming grant applications need clarification that the arts council owns the building at the end of the project; the renovation project total is about $825,000 and they hope to be fully funded by the end of July.
• Mayor Bauer said BRAC has worked very hard throughout the phases of this project and the grants they have received have been outstanding.
• City Attorney Kyle Manley said the three readings can be waived and the ordinance can be enacted tonight, at which time the 30 day period for the public to protest the sale would start.

Petition - Communication - Citizen Concern: 

Citizen testimony may be limited to 3 minutes per person. Please do not repeat testimony that has already be heard. No action can be taken on matters presented under this title except to answer any questions or to refer the matter for further action.

• Elayne Woods Jones, owner Artisan Mark Coffee and Goods, Main Ave.: congratulated Dan Papik on his appointment to the council seat, however she felt it was worth noting that two qualified, intelligent women submitted their names as well. She asked council members to look to their left and right and asked themselves if they didn’t see the problem. She was disappointed to not see a woman seated at the table and said they had a responsibility to the entire community. She respects Dan and this was not a personal comment about him, but the council made an extremely egregious statement with this appointment.
• Theresa Vernon, who lives in the West Crete area, asked about the bad condition of roads in Tuxedo Park as a result of heavy equipment from the bridge construction. Ourada said the Street Department is making plans to fix the issues.

Officer Reports:

Reports may be given by Officers, Departments, Committees, or Council members concerning the current operations of the City. No action can be taken on matters presented under this title except to answer any questions or to refer the matter for further action

• Joy Stevenson, Library Director
  • The Summer Reading Program and compared to 2019, stats are up over 10%; 100 kids participated is Tuesday’s program.
  • Grand Opening is planned for Wednesday, Sept. 15 at 1:30; a committee is in place and Joy will meet with Tom on this soon;
  • bilingual story time will start the first Saturday in August at 10:30 a.m.
• Dale Strehle, Ward II Council member requested a special council meeting for Thursday at 4:30 for consideration of a relaxation of standards for a construction project.
• Tom Ourada, City Administrator
  • Behlolavy subdivision - they city just got subdivision improvement plans for review and pending approval; they have no NDOT access approval yet;
  • City network security - There was a large meat packing company (not our local Smithfield plant) hit with a network attack; the city stays diligent but the network is only as secure as the least diligent user; the city continues to train and create awareness for network security practices and they do backups nightly, but an attack could still cause the city’s network to be down for a couple of weeks. He continues to encourage all users to continue to be thoughtful before clicking on emails and links.
  • The auditor will be here in two weeks to speak to the Finance Committee and City Council. Tom will also present to the Finance Committee on City finances.

Meeting adjourned.