Public Meeting Agenda: June 19, 2018 at 6:00 PM - Crete City Council Regular Meeting

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June 19, 2018 at 6:00 PM - Crete City Council Regular Meeting Agenda

June 19, 2018 at 6:00 PM - Crete City Council Regular Meeting
1. Open Meeting
Rationale: 

The City Council has posted a copy of the Open Meetings Act, Laws of the State of Nebraska, in the back of the council chambers.  Additional copies are available to read, if anyone wishes one during this meeting, please advise. As each agenda item is considered, if there are any questions concerning the agenda item please advise.  The City Council may consider items listed on the agenda in random order. The City Council has assisted listening devices available, if needed please advise. Please stand and Pledge Allegiance to the Flag.

Discussion:  Mayor Foster called the meeting to order at 6:00pm.
2. Roll Call
Rationale: 

Attendance of Council members will be recorded to determine the presence of a quorum for official actions.

3. Petitions - Communications - Citizen Concern
Rationale: 

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

Discussion:  Several residents expressed concern over the proposed chicken growing facility to be located near Crete in Lancaster County.  One resident asked the City to take a position on the issue.
4. Special Order of Business
Rationale: 

The council may take action to hear testimony in favor of  or in opposition to, discuss/limit  discussion and take action to approve or disapprove any matter presented under this title.

4.A. Letter from Saline County Requesting Reimbursement
Forwarded From Information:  Unit: City Council Finance Committee
Rationale:  Letter of 06.07.18 from Saline County requesting reimbursement of funds in the amount of $410,000.00 for replacement of Big Blue River Bridge.
Action(s):
Approve Letter of 06.07.18 from Saline County Requesting Reimbursement of $410,000 for replacement of Big Blue River Bridge. Carried with a motion by David Bauer and a second by Judy Henning.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
4.B. Brandt Excavating Estimates
Forwarded From Information:  Unit: City Council Public Works Committee
Rationale:  Brandt Excavating estimates for demolition of building(s) and associated work items located at 1610 Ivy Ave. and 542 E. 16th St. totalling $25,000.
Action(s):
Approve Brandt Excavating estimate of $25,000 for demolition of building(s) and associated work items located at 1610 Ivy Ave. and 542 E. 16th St. Carried with a motion by David Bauer and a second by Judy Henning.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.C. Downtown Revitalization Program
Rationale:  Projects ready for approval.
4.C.1. 1209-11 Main Ave.
Forwarded From Information:  Unit: City Council Legislative/ Development Committee
Rationale:  Contract for 1209-11 Main Ave.  Project Director requests that the committee waive the 2nd meeting requirement for approval of this contract.
Action(s):
Approve contracts for Downtown Revitalization project at 1209-11 Main Ave. Carried with a motion by Judy Henning and a second by Jack Oelschlager.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.C.2. 1241 Main Ave.
Forwarded From Information:  Unit: City Council Legislative/ Development Committee
Rationale:  Two contracts for 1241 Main Ave.  Project Director requests that the committee waive the 2nd meeting requirement for approval of these contracts.
Action(s):
Approve contracts for Downtown Revitalization project at 1241 Main Ave. Carried with a motion by Judy Henning and a second by Jack Oelschlager.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Abstain (With Conflict)
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.C.3. 1325 and 1327 Main Ave.
Forwarded From Information:  Unit: City Council Legislative/ Development Committee
Rationale:  Contract for 1325 and 1327 Main Ave.  Project Director requests that the committee waive the 2nd meeting requirement for approval of this contract.
Action(s):
Approve contracts for Downtown Revitalization project at 1325 and 1327 Main Ave. Carried with a motion by Judy Henning and a second by Jack Oelschlager.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.C.4. 1344 Main Ave.
Forwarded From Information:  Unit: City Council Legislative/ Development Committee
Rationale:  Contract for 1344 Main Ave.  Project Director requests that the committee waive the 2nd meeting requirement for approval of this contract.
Action(s):
Approve contracts for Downtown Revitalization project at 1344 Main Ave. Carried with a motion by Judy Henning and a second by Jack Oelschlager.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.C.5. 1217 and 1221 Main Ave.
Forwarded From Information:  Unit: City Council Legislative/ Development Committee
Rationale:  Two contracts for 1217 and 1221 Main Ave.  Project Director requests that the committee waive the 2nd meeting requirement for approval of these contracts.
Action(s):
Approve contracts for Downtown Revitalization project at 1217 and 1221 Main Ave. Carried with a motion by Judy Henning and a second by Jack Oelschlager.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.C.6. 130 W. 13th St.
Forwarded From Information:  Unit: City Council Legislative/ Development Committee
Rationale:  Two contracts for 130 W. 13th St.  Project Director requests that the committee waive the 2nd meeting requirement for approval of this contract.
Action(s):
Approve contracts for Downtown Revitalization project at 130 W. 13th pending receipt of signed documents. Carried with a motion by Judy Henning and a second by Jack Oelschlager.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
4.D. Application from Crete Chamber of Commerce
Forwarded From Information:  Unit: City Council Legislative/ Development Committee
Rationale:  The application is requesting $2,000 towards total estimated costs of $5,200 for a fireworks display and advertising for the event.  The event is to be held on July 3, 2018 in Crete.
Action(s):
Approve application from Crete Chamber of Commerce for $2,000 from LB840 funds for community fireworks display and advertising for the event and affirm the recommendation of the Economic Development Advisory Board that the applicant shall not re-apply for the same tourism event until 2020. Carried with a motion by Judy Henning and a second by Ward 3 Three.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.E. Crete Chamber of Commerce Activities Update
Discussion:  Chamber Director Kayleigh Schadwinkel stated that the Chamber offices have moved to the former Fisco building.  They will be using part of the building to start up a Business Development Center.  She described upcoming events the Chamber will be hosting.
4.F. New Volunteer Firefighter
Rationale:  Approval of new volunteer firefighter, Sydney Rogerson's.
Action(s):
Approve addition of new firefighter Sydney Rogerson to the department and inclusion on insurance roll. Carried with a motion by Ward 3 Three and a second by Jack Oelschlager.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
4.G. Employee Rules and Regulations - Awards Program
Forwarded From Information:  Unit: City Council Personnel Committee
Rationale:  Consider an amendment to the Employee Rules and Regulations regarding an awards program
Action(s):
Approve addition of 5.09 Awards Program to the Employee Rules and Regulations. Carried with a motion by Ward 3 Three and a second by David Bauer.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.H. Employee Rules and Regulations - Accident Leave
Forwarded From Information:  Unit: City Council Personnel Committee
Rationale:  Consider an amendment to the Employee Rules and Regulations regarding accident leave
Action(s):
Approve amendment to the Employee Rules and Regulations 4.10 Accident Leave. Carried with a motion by Ward 3 Three and a second by David Bauer.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.I. Employee Rules and Regulations - Workers' Compensation PTO Accrual
Forwarded From Information:  Unit: City Council Personnel Committee
Rationale:  Consider an amendment to the Employee Rules and Regulations regarding the accrual of personal time off
Action(s):
Approve amendment to the Employee Rules and Regulations 3.19 Worker's Compensation - Accrued Leave. Carried with a motion by Ward 3 Three and a second by David Bauer.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.J. Employee Rules and Regulations - Separation
Forwarded From Information:  Unit: City Council Personnel Committee
Rationale:  Consider an amendment to the Employee Rules and Regulations regarding separation
Action(s):
Approve amendment to the Employee Rules and Regulations 3.12 Separation. Carried with a motion by Ward 3 Three and a second by David Bauer.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.K. Employee Rules and Regulations - Timekeeping
Forwarded From Information:  Unit: City Council Personnel Committee
Rationale:  Consider amendments to the Employee Rules and Regulations regarding timekeeping
Action(s):
Table amendment to the Employee Rules and Regulations 3.05 Hours of Work - Timekeeping pending further information from the City Attorney's office. Carried with a motion by Ward 3 Three and a second by David Bauer.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
5. Resolutions & Ordinances
Rationale: 

The Council may take action to hear testimony in favor of or opposition to, discuss/limit discussion and take action to approve or disapprove any matter presented under this title. The Council may take action to waive the statutory rule requiring reading on three separate dates on any ordinance being considered. The Council may take action to pass and approve any matter presented under this title.

5.A. Ordinance No. 2045 Amending Wage Exhibit
Rationale:  An Ordinance Amending Exhibit A of Ordinance No. 2017 to amend the position of Deputy Clerk and add the position of Human Resource Director.
Action(s):
Suspend rules requiring reading on three separate days for passage of Ordinance No. 2045. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
Approve passage of Ordinance No. 2045 on final reading Amending Exhibit A of Ordinance No. 2017 to amend the position of Deputy Clerk and add the position of Human Resource Director. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Discussion:  Council Member Bauer introduced Ordinance 2045 and moved that the rules requiring reading on three separate days be suspended. The Clerk was directed to read the Ordinance by title.
AN ORDINANCE OF THE CITY OF CRETE, NEBRASKA, AMENDING EXHIBIT A OF ORDINANCE NO. 2017 TO AMEND THE POSITION OF DEPUTY CLERK; ADD THE POSITION OF HUMAN RESOURCE DIRECTOR; PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM; AND PROVIDING FOR A TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
The Clerk was directed to read the ordinance by Title.  Council member Bauer made a motion to approve the ordinance on final reading.  
Mayor Foster stated that Ordinance 2045 is now an ordinance of the City of Crete.

 
Attachments:
5.B. Resolution 2018-16 NDOR Program Agreement
Forwarded From Information:  Unit: City Council Public Works Committee
Rationale:  NDOR Program Agreement for bridge inspection and load re-rating services for Federal-aid project.
Action(s):
Approve Resolution 2018-16 NDOT Program Agreement for Bridge Inspection and Load Re--Rating. Carried with a motion by Ward 3 Three and a second by David Bauer.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
5.C. Resolution 2018-17 Alfred Benesch & Co. Supplemental Agreement #1
Forwarded From Information:  Unit: City Council Public Works Committee
Rationale:  Alfred Benesch & Co. Supplemental Agreement #1 for additional services.
Action(s):
Approve Resolution 2018-17 Alfred Benesch & Co. Supplemental Agreement #1 for additional services to Bridge Design Agreement. Carried with a motion by Ward 3 Three and a second by David Bauer.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
6. Officers' Reports
Rationale: 

Reports may be given by Department Heads, Committees and Council members concerning current operations of the City. Questions may be asked and answered. No action can be taken by the Council on matters presented under this title except to answer any question posed and to refer the matter for further action.

Discussion: 
  • Joy Stevenson, Library Director, reported on HVAC problems currently at the Library.  Jerry Wilcox, Finance Director reported on some highlights of the Income/Expense Report.  Tom Ourada, City Administrator, reported that Jerry, Judi, and he will be in Lincoln this week to attend the League of Municipalities Finance Conference, that staff met with BVH on Community/Library funding, and that Kerri Mize was hired to fill the Human Resources Director position.
Attachments:
7. Consent Agenda
Rationale: 

Council will consider approval of the following items. Explanation may occur for each item and the council may approve and or amend and approve the items listed.

Action(s):
Approve all items on the Consent Agenda. Carried with a motion by David Bauer and a second by Jack Oelschlager.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
7.A. City Council Meeting Minutes
7.A.1. City Council Minutes June 5, 2018
Rationale:  City Council regular meeting minutes of 06.05.18.
Attachments:
7.B. City Council Committee Meeting Minutes
7.B.1. Personnel Committee Meeting Minutes June 5, 2018
Rationale:  Personnel Committee meeting minutes of 06.05.18
Attachments:
7.B.2. Parks and Rec Committee Meeting Minutes June 5, 2018
Rationale:  Parks and Recreation Committee meeting minutes of 06.05.18
Attachments:
7.B.3. Public Safety Committee Meeting Minutes June 5, 2018
Rationale:  Public Safety Committee meeting minutes of 06.05.18
Attachments:
7.C. City Treasurer's Report
Attachments:
7.D. Claims Against the City
Attachments:
8. Adjournment
Rationale: 

The city council will review the above matters and take such actions as they deem appropriate. The city council may enter into closed session to discuss any matter on this agenda when it is determined by the council that it is clearly necessary for protection of the public interest or the prevention of needless injury to the reputation of an individual and if such and individual has not requested a public meeting, or as otherwise allowed by law. Any closed session shall be limited to the subject matter for which the closed session was called. If the motion to close passes, then the presiding officer immediately prior to the closed session shall restate on the record the limitation of the subject matter of the closed session. The City of Crete assures that no person shall on the grounds of race, color, national origin, age, disability, handicap or sex, be excluded  from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity of the City receiving Federal financial assistance.  To report discrimination, contact the City Clerk's office.  The complete agenda with attachments is available at www.crete.ne.gov.

Action(s):
Enter into Executive Session to discuss pending litigation. Carried with a motion by Jack Oelschlager and a second by Judy Henning.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
Exit Executive Session and return to open meeting. Carried with a motion by Jack Oelschlager and a second by Judy Henning.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
Motion to Adjourn Carried with a motion by Jack Oelschlager and a second by Judy Henning.
  • Travis Sears: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Judy Henning: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Discussion:  Mayor Foster requested the Council enter Executive Session for disucssion of pending litigation at 6:57pm.  Exited Executive Session at 7:02pm with no action taken.  Mayor Foster requested a Special Council Meeting on June 22nd at 3:00pm.  The meeting was adjourned at 7;06pm.
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