Council Summaries - Nov. 7 and 21, 2023

Special Council Meeting, Nov. 14

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.

The next Crete City Council regular meeting will be on Tuesday, Dec. 5. 

Summary for Crete City Council regular meeting - Tuesday, Nov. 21
View this Meeting Agenda and attachments

The council approved the Consent Agenda items:

• Minutes of the following meetings: City Council Nov. 7, Finance Committee Nov. 7, Legislative and Economic Development Committee Nov. 7, Parks and Recreation Committee Nov. 7, Public Safety Committee Nov. 7
• Treasurer’s Report
• Payment of claims against the City 

The Council held a Public Hearing for Retail Liquor License from Carniceria San Fernando 228 East 13th Street, Crete, NE and voted to forward the request to the liquor control commission. 

The Council held a Public Hearing to hear testimony in favor of and in opposition to and to answer questions in relation to the following proposed Zoning Map amendment. College Park Addition block 15 lots 9-11 R2 changed to R-3.

• Mike Eckert, of Civil Design Group, Inc., spoke as the engineer for the local developers. He said the plan calls for extending Jasmine Ave. south and curve in to the east and back to the north in a development with 35 new housing units, including semi-detached townhomes and single family detached homes. On four attached townhomes abutting Iris Ave, existing lots are zoned R-2 and they are requesting a change to R-3; the Doane campus is R-3 across the street. This four-unit project presents an alternative housing type that could be built at a cheaper price point. Longfellow Ave, which is still platted there, would be vacated to accommodate both the lot requirements and green space in the development; drainage space will be preserved.
• City Attorney Anna Burge clarified the requirements for a zoning change including that the requested changed zone is connected to the new zone in another location, it’s in compliance with city’s comprehensive plan and goals for the city.
• City Administrator Tom Ourada noted that the Planning Commission set hearings at two meetings and there was a consensus vote last night (Nov. 20) to recommend this with discussion centering around conforming with the comprehensive plan and units are appropriate for this area.

The Council voted 5-1 (Fitzgerald voting no) to approve the zoning request for College Park Addition block 15 lots 9-11 R2 changed to R-3. 

The Council considered a request for a variance for College Park Addition, block 15, lots 9-11, R2 changed to R3.

• Ward 1 Council member Anthony Fitzgerald asked about the need for the variance and space needed; Eckert pointed out there is a sewer line that would be expensive to move and they are vacating Longfellow for green space; moving the sewer line increases cost of those units.
• Darcie Ross - There is a potential floor plan they would like to use, however, until the zoning and variance are worked out they had not gone through a formal construction bid process. They would like to make these units affordable; this unit type is growing in popularity, and is in the city’s comprehensive plan.
• Ourada explained the council can only consider this variance if the zoning has been changed; the variance is specific to this application. He also pointed out that the sewer line is much more costly to relocate.
• Burge explained three questions that need to be asked of a variance request: 1) is it necessary; 2) is it reasonable; and 3) is it a detriment to the public health, safety, or welfare.
• Fitzgerald asked if this request was reasonable and if all avenues had been explored given that part of the reason is that a sewer line lies on the property. The variance is requested in order to not move the line. He felt there was not a full review of costs for moving utilities in the way and the engineer should have explored it. 
• Mayor Dave Bauer said they have a pretty good idea of what it would cost and in that area to make this four unit project affordable, it would be a hard figure to pass on to buyers.
• Fitzgerald countered that the cost to move the sewer line may not be passed on to these units only and likely passed on through the whole development, which does include TIF (tax increment financing) for infrastructure.
• Ourada said it is not up to the city to ask them to move a sewer line and the city did a lot to steer what the developer did in this plan, which includes the developer making a lot of accommodations to come up with the preliminary and final plat. This seems reasonable to the city, which is also interested in trying to define what is affordable housing locally; at the state level, workforce housing is described at $315,000 and under, but the city would like to help these units be well under that price point.
• Eckert added that part of the reasoning for using the variance also was the 100-year flood plain area plots to the middle of current Longfellow Ave, making it unusable to build on, making a variance on the lot size necessary.

The Council voted 6-0 to grant the variance for College Park Addition block 15 lots 9-11 R2 changed to R-3.

The Council voted 6-0 to approve the Burlington Estates Preliminary Plat.

• Eckert summarized the development which extends Jasmine Ave south and to the east looping back north, creating two ways in and out of the area for townhomes, single family lots, and two stand alone lots accessed from the south and green space.
• Ourada explained the city wanted the two ways in and out along with a design that would make it difficult to speed through; the utilities, paving, and infrastructure are according to city specifications and the Planning Commission recommended to approve this plat.

The Council voted 6-0 to approve the Burlington Estates Final Plat.

The Council held a Public Hearing of the Board of Equalization to determine the benefits to properties in the  2021 gap paving projects. 

• Ourada said the city has the engineer’s report with the total cost of the project and properties that benefited from the project; this is the first step in this process. There are lots that are not touching the new street, however, the city has chosen to do depth assessments, also called area assessments, considered more fair than linear assessments. The depth area goes half a block deep with 50%, 30% and 20% costs assessments., The city’s position is the first portion gets the most benefit, with decreasing assessment benefit as the depth progresses.
• Burge added that state statute permits adjacent properties that are near to be assessed.

The Council met as the the Board of Equalization and Assessment to determine, equalize and levy special assessments on the lots and parcels of land abutting on or adjacent to the street improved in and the land included within the limits of said projects. 

The Council voted 6-0 to adopt Resolution No. 2023-23 Levying And Assessing The Costs Of The Improvements.

The Council voted 6-0 to adopt Resolution No. 2023-24 Special Assessment Hearing. This item and the following two items are part of the same process in nuisance property compliance.

• Ourada said it has been many years since the city took this route to put liens on property as a result of city abating nuisances.
• Burge said these agenda items set the time and place for hearings. All involved individuals who received multiple notices for full payment of nuisance abatement; this process protects the city's interest by placing a lien on the property. The city can collect by having the person set up a payment plan or upon sale of the property down the road the city can collect with interest.

The Council voted 6-0 to adopt Resolution No. 2023-25 Special Assessment Hearing. 

The Council voted 6-0 to adopt Resolution No. 2023-26 Special Assessment Hearing. 

The Council voted 6-0 to approve the Constructors, Inc. Change Order No. 3 in the amount of $853.56 for work on 21st and Main. 

The Council voted 6-0 to approve the Contractor's Application No. 5 for Payment in the amount of $555,127.28 from Constructors, Inc. for the 2022 Street Improvements Districts 2022-1 to 2022-07.

The Council voted 5-0 to approve (Papik abstained) approving payment of claims to Crete Ace Hardware in the amount of $19.76.

The Council voted 6-0 to approve the Crete Public Library applying for a $1,000 Internship Grant from the Nebraska Library Commission. Library Director Joy Stevenson addressed these items at a committee meeting prior. Neither this grant application or the following item require matching funds from the city. This is the fourth time the library has applied for the internship grant and if received will be helpful for an intern during the summer reading program.

The Council voted 6-0 to approve the Crete Public Library applying for a $2,500 Youth Grant for excellence from the Nebraska Library Commission.

The Council voted 6-0 to approve the Application No. 8 and Certificate For Payment from General Excavating in the amount of $172,612.64. Ourada said this is the last regular payment for the triple box culvert bridge replacement at 22nd and Ivy.

The Council voted 6-0 to approve the Loan Agreement Between the Nebraska Department of Environment and Energy and The City of Crete, Nebraska Project NO. D311654 

• Ourada explained this is a big deal for the city and we have until end of year to complete. It includes $1.3M in grant funds and $2.4M in a 30-year loan at 0.6% interest toward all foreseeable water projects other than treatment or storage.
• Ward 2 Council Member Dale Strehle, Public Works Committee chair, said he appreciated the work everyone did on this.

The Council voted 6-0 to adopt Resolution 2023-27 To Authorize The Mayor To Execute The Contract For A Loan Between The Nebraska Department Of Environment and Energy And The City Of Crete, Nebraska. 

Petition - Communication - Citizen Concern:

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.

• Gary Young, Police Chief:
  • Click It or Ticket traffic enforcement kicks off for the holiday and the department encourages everyone to buckle up and get safely where they are going and travel safely back home;
  • The FOP’s annual toy collection will be held this Friday and Saturday (Nov. 24-25), from 12-5 p.m. at Walmart; we are extraordinary lucky this year to receive generous donations  used to buy more gifts and used throughout the year to provide food, clothing, backpacks, etc, to families that are struggling. The Crete community has really stepped up for Operation Under the Tree, which includes a county wide effort with our FOP and other Saline County organizations.
• Liz Cody, Parks and Recreation Director: 
  • tree inspection process is completed annually and at resident requests; this year we are using gis mapping to create and usable database of street/park trees and are sending out letters to property owners with impacted trees.
  • Tuxedo Park is the new host site for the Food Bank of Lincoln distribution, normally held on the fourth Thursday; this week it’s on Wednesday and police will help in blocking Idaho Road so it is still accessible; people and groups who use the park have been notified;
  • parks staff have been meeting on Tuxedo Park camping use which is now closed for the winter;
  • we have revised estimates for the bathhouse roof replacement;
• Tom Ourada, City Administrator:
  • MEAN wholesale electric rates may go up in the range of 4% for 2024-25 year; a vote will be held in January, effective in April;
  • we’ve had a difficult time hiring a skilled and licensed street operator and we’ll be talking about strategies;
  • this is retiring City Clerk/Treasurer Jerry Wilcox’s second to last meeting;
  • the food bank distribution will be in Tuxedo Park tomorrow (Wednesday); I talked with Liz on the route and notifying people; Nancy Tellez and Marilyn Schacht will help in taking care of notifications.

The Council entered executive session to discuss purchase negotiations related to enacting Ordinance No. 2187 Relating To The Sale Of Real Estate Owned By The City.

Meeting adjourned.

Summary for Crete City Council Special meeting - Tuesday, Nov. 14
View this Meeting Agenda and attachments

Dan Papik, Council Member Ward 1, was absent.

The Council voted 5-0 to approved a resolution to authorize the city to enter into the Department of Energy Western Area Power Administration Contract for the Municipal Energy Agency of Nebraska to Administer Renewable Energy Certificates for the City. A resolution authorized the mayor to sign this agreement for MEAN to be the city’s agent.

Summary for Crete City Council regular meeting - Tuesday, Nov. 7
View this Meeting Agenda and attachments

The council approved the Consent Agenda items:

• Minutes of the following meetings: City Council Oct. 17, Legislative and Economic Development Committee Oct. 17, Personnel Committee Oct. 17, Public Safety Committee Oct. 17
• Treasurer’s Report 
  • Keno Report SEPT 23, Treasurer Semi Annual Report, City Sales Tax Receipts 2023-10-22
• Payment of claims against the City 
• Blue River Arts Council LB840 Grant Reimbursement Request totaling $77,546.95 
• Reimbursement to Gary Young  for frames purchased for awards in the amount of $60.41. 
• Mayor's reappointment of Brent Cole to the Civil Service Commission for the term ending in 2028.

The Council heard from Ben Schwartz with Blue Valley Community Action Partnership on operations in Crete and Saline County.

• Schwartz said he works at the home office in Fairbury and Saline is one of nine core, service counties. Each year they go before each county board to report on programming and they want to extend the courtesy to the larger communities they serve. Saline County trends a little higher than the state average (11%) in terms of poverty percentage at 14%. In Crete specifically two types of programming stand out: 1) a health and immunizations clinic is headquartered here; there has been a change with the covid vaccine, which was free of charge - they now pay for the shots but are reimbursed for clients on medicaid, etc.; they will not be doing private pay covid vaccines - people will have to talk to their regular healthcare provider; all other vaccinations will be available; 2) Blue River Early Learning Academy has had a lot of changes and is now celebrating 30 years (1994); they did share the Blue River Family Center (9th and Kingwood) with Crete Public Schools for preschool and now CPS has its own space; Blue River Early Learning Academy is dedicated to early learning, family programs, and preschool. Blue River Community Action’s Main Street location is used for the immunization clinics, family services. They have experienced staffing issue since covid. The Headstart program nationally is encouraging all children’s age groups served to used a shared space - for better social, emotional development and Blue River wants to do that, but they also have to maintain student/teacher ratios. In conclusion, he said they like to be in Crete; there are a lot of partnerships and relationships that work together.

The Council voted 6-0 to adopt Resolution No. 2023-21 Signing of The Year-End Certification of City Street Superintendent 2023.

The Council voted 6-0 to approve the Change Order No.1 for City Office South Drive in the amount of $3,565.00 from Pave LLC. City Administrator Tom Ourada said this item involved cracked paving, which was contiguous with new paving and it made sense to fix this within the project.

The Council voted 6-0 to approve the Contractor's Application for Payment from Pave LLC. for the City Office South Drive in the amount of $188,949.00. This item is the total payment for the project.

The Council voted 6-0 to approve the Application For Special Event Permit SE23-09 for the Crete Cares Food Distribution event on Saturday, Dec. 9. 

• Police Chief Gary Young said this is the second year he’s worked with Crete Cares on streamlining traffic for this holiday food distribution. They found last year it worked well to shut off the 900 block of Linden and Crete Public Schools allows use of the welcome center parking lot to stage cars. People will enter the welcome center lot from Main Ave and filter onto Linden Ave north into the school bus loop by the bus barn where the food boxes are distributed. Traffic then exits onto Linden to the north. There were few hiccups last year and volunteers will try to space out the pickup schedule. It will be about 3 hours and he plans to be there to help direct traffic.

The Council voted 6-0 to authorize the NDOT Improving Data Mini-Grant Contract Application and Award for the Crete Police Department for equipment for eCitations and eCrash.

• Chief Young said the department is seeking grant money from the Department of Highway Safety to replace three Data 911 systems which continuously don’t work well with other software plug-ins, scanners, and printers. New equipment includes Panasonic TOUGHBOOKS with vehicle docks.

The Council voted 6-0 to waive three readings and enact Ordinance 2185 Amending Electric Access to Premises. 

• City Attorney Anna Burge said this proposed change would allow the city, if denied access to meters, to warn a property owner and then move the meter to an accessible location. She explained in the Public Works Committee meeting prior that utilities meter readers have experienced scenarios where people are not granting access to meters and in some cases a police officer has to accompany meter readers; other communities do this instead of complicating meter reading and the city can bill for moving the meter if it is in an ordinance.
• Mayor Dave Bauer also added that if the homeowner is for some reason not allowing access they have the right to allow access or pay for moving the meter.
• Council Member Anthony Fitzgerald said this is more of a clarification, that the city already has access, but we have people not willing to grant that access.

The Council voted 6-0 to waive three readings and enact Ordinance 2186 Amending Water Access to Premises. This is related to utility meter access explained in the proceeding agenda item.

The Council voted 6-0 to approve the Change Order No. 2 from Constructors Inc. in the amount of $9,200 for the irrigation and landscaping work at 21st and Main. Ourada explained this includes landscaping and concrete work in the public right-of-way and on private property; it will be a shared cost between the city and the property owner due to engineering issues.

The Council voted 6-0 to award a three-year Cemetery Hay Lease to the highest bidder, Ernie Odvody.

The Council voted 6-0 to award a three-year  WWTP Farm Lease to the highest bidder, Nathan Patak.

The Council voted 6-0 to approve the Food Bank of Lincoln’s regular Crete distribution being moved to Tuxedo Park.

• Mayor Dave Bauer told the Public Safety Committee prior that he asked this item to be put on the agenda. This public food distribution, which currently has taken place at Doane University on Osterhout Lane just off Iris Ave, has backed up traffic on Iris and East 13th Street all the way to Doane Drive. Often, drivers not familiar with the area don’t know how to get around it. They have looked at Tuxedo Park before, however, the new, two-lane bridge now makes it possible to have heavier traffic use the area more efficiently.
• Council Member Dan Papik said with the with Food Bank of Lincoln’s success, a lot of traffic backs up and the committee recommended to allow them use of Tuxedo Park.

The Council voted 6-0 to adopt Resolution 2023-22 To Limit The Use Of City Park's Parking Lot To City Staff and Park Patrons. 

• Mayor Bauer explained that city staff in this item means city staff who do not work directly in City Hall, but regular come to the building to conduct city business.
• Ourada urged this is necessary due to a history of abuse in the use of the previous parking lot location in the area; people were considering city lots as personal parking and the Parks and Recreation Committee recognized the importance of this.

The Council voted 6-0 to approve the Application For The Crete Carrier Room Grant. 

• Ourada said he asked the Legislative and Economic Development Committee to take this up for people who want to use the room for events which benefit the community, but may not have resources available to pay the rental fee. Renters who request use of this grant need to have city staff sponsor them and the event should have a community benefit.

The Council voted 6-0 to approve the LB840 Application from PWR & DWD Rental Properties, LLC DBA Old Main Bar & Grill in the amount of $88,973.88. Ourada said the LB840 Advisory Board and Council Committee both met on this and  recommended to grant the maximum allowed, which is 50% of eligible activities.

The Council voted 6-0 to approve a CDBG contract amendment to extend the contract end date to August 4th, 2024 for the completion of the City of Crete's Downtown Revitalization project. Ourada said the city had asked for 12 months, however, the Department of Economic Development countered with a 9 month extension, which is reflected in this resubmission.

The Council voted 5-0 (Papik abstained) to approve payment of claims to Crete Ace Hardware in the amount of $1,579.59.

The Council discussed selecting a City Engineer.

• Ourada said Gilmore & Associates, Inc. submitted notice they are closing their business. He has submitted two names to interview for city engineer - JEO Consulting Group and Olsson Associates. He would like council members to interview both firms before the next council meeting and would likely advertise that as a council meeting in case a quorum of council members are present.

The Council voted 6-0 to approve the LB840 Economic Development Program Amended Plan.

• Ourada explained the city was challenged on its LB840 award to Blue River Arts Council and Cline Williams attorneys confirmed it was a qualifying entity. The auditor of public accounts said the city’s LB840 Economic Development plan was outdated, however it was correct in the spirit of the program and should be updated. Attorney Trent Sidders from Cline Williams updated the plan, which was also reviewed by City Attorney Anna Burge and the Legislative and Economic Development Committee.

Petition - Communication - Citizen Concern

• Tyler Ward, Boy Scout with Crete Troop 212, thanked the city, Parks and Recreation Director Liz Cody and Parks Groundskeeper Aaron Steffensmeier for letting him develop and complete his Eagle Scout project to restore the Driftwood Trail at Tuxedo Park.
• Mayor Bauer congratulated Ward on the work he and his volunteers have done and the city appreciates their efforts to improve this area of the park.

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.

• Gary Young, Police Chief:
  • reported on the great turnout for the Community Trunk or Treat, which moved indoors at Crete High School due to cold and wind; it was busy all night and a lot of folks ran out of candy;
  • cameras have been purchased and implemented in cars; staff are still learning the ins and outs; he thanked the mayor and council for that purchase; officers really like all the features, automatic activations, and having this forward edge technology;
• Liz Cody, Parks and Recreation Director: 
  • echoed the city’s thanks to Tyler Ward and his dad, Adam; they did a great job with trail restoration in brisk fall weather with about 10 others from Troop 212; overall it took about 80 hours of planning, groundwork, preparation, and clearing about a mile of trails; they will be back out in the spring;
  • registration is closed on the last program of 2023 - and intro to martial arts; this was another successful year of recreation programs for all ages;
  • we are forming a wish list of programs moving forward;
  • we got a good deal on 21 industrial grade trash cans;
  • meeting with boys baseball, Diamonds softball on closing out seasons and looking at facility improvements for next year;
  • wrapping up library landscaping projects;
  • she and Dan Dunaway have toured all city streets to look at every street tree - 825 notable trees and property owners will receive a letter for further actions on about 50; we are readying the annual Arbor Day Foundation Tree City USA application;
• Savannah Anderson, Human Resources Coordinator, introduced new Electric Department Groundperson - Ezekiel Mason, who thanked the city for the opportunity.
• Council Members Kyle Frans, Ward 3, and Dan Papik and Anthony Fitzgerald, Ward 1 all thanked Tyler Ward for his Eagle Scout project efforts along with the parks department staff
• Tom Ourada, City Administrator:
  • Nancy Tellez’s first council meeting sitting as City Clerk went flawlessly;
  • the city is not putting up flags on the light poles this week; he had a discussion with Tom Parker, who is part of the American Legion's street flag project; Parker felt the city’s flags were conflicting with theirs; the city will put up ours around the park, maybe 20, and the mayor thought this was a good idea;
  • the recent Planning Commission meeting on Oct. 30 had extensive discussion of  Burlington Estates preliminary and final plats, which involve development of the former Harold Jones property. These will come to the council and go back to the Planning Commission for hearings for rezoning requests. There was some confusion at the commission meeting and the preliminary plat requests a change from R-2 to R-3 for townhouses on a portion that faces Iris Avenue, which had a 3-2 vote in favor of rezoning;
  • he took up this planning discussion with the city’s current comprehensive planners and this change is recommended in part of old comp plan and new comp plan, as well as the future land use plan and rural workforce housing plans to address a housing shortage; the planner recommends the council consider doing this zoning change;
  • the city’s housing group is looking at a project on the east side of Crete;
  • he asked Brad to do design on a city park bathroom based on a modular building; the city will seek competitive bids locally;
  • he talked with Norris Public Power on a recent, requested annexation;
  • MEAN meeting in Lincoln on Wednesday;
  • will schedule a special council meeting on WAPA, maybe in conjunction with engineer interviews.
• Mayor Dave Bauer commented on the street flag project and said the Legion group does an excellent job, taking on a lot of work to put up and take down about 600 flags at last count; he urged the public to thank this group when they see them.

Public Hearing for proposed Zoning Map amendment College Park Addition block 15 lots 9-11 R2 to R3 on Tuesday, Nov. 21 at 6:00 p.m. 

October 19, 2023 Airport Advisory Board Meeting Minutes 

October 2023 Municipal Review

Meeting adjourned.