Public Meeting Agenda: April 16, 2019 at 6:00 PM - Crete City Council Regular Meeting

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April 16, 2019 at 6:00 PM - Crete City Council Regular Meeting Agenda

April 16, 2019 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 Roger Foster called the meeting to order at 6:17pm.
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.

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. CPS Youth in Governance Team Presentation
4.B. CCI Request for Siting Approval Final Public Hearing
Action(s):
Open Public Hearing regarding CCI Request for Siting Approval. Carried with a motion by David Bauer and a second by Brian Carnes.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
Close Public Hearing Carried with a motion by Brian Carnes and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Discussion:  Mayor Foster presented the exhibits relative to the siting request and stated they are available to the public.
Attachments:
4.C. Sampson Change Order Nos. 6 and 7
Forwarded From Information:  Unit: City Council Public Works Committee
Action(s):
Approve Sampson Change Orders numbers 6 and 7. Carried with a motion by David Bauer and a second by Ryan Hinz.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
4.D. Crete Water Rate Study Presentation by JEO
Action(s):
Table water rate presentation until April 16, 2019 city council meeting. Carried with a motion by David Bauer and a second by Ryan Hinz.
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Jack Oelschlager: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Discussion:  Dane Simonson with JEO presented the information.
Attachments:
4.E. Policies and Procedures Manual Section 3.05 Issue Regarding Overtime Pay
Action(s):
Table action on amending Policies and Procedures Manual Section 3.05 for further information. Carried with a motion by David Bauer and a second by Ryan Hinz.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.F. Change of Title to HR Coordinator
Forwarded From Information:  Unit: City Council Personnel Committee
Action(s):
Change the title from HR Director to HR Coordinator and approve the associated job description. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.G. Exhibit A for Concrete - 4 DTR Project Sites
Forwarded From Information:  Unit: City Council Legislative/ Development Committee
Action(s):
Approve the concrete work for 4 DTR project sites. Carried with a motion by Ryan Hinz and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.H. Exhibit A Contract #4 for 1214-22 Main
Forwarded From Information:  Unit: City Council Legislative/ Development Committee
Action(s):
Approve a contract for Downtown Renovation at 1214-22 Main. Carried with a motion by Ryan Hinz and a second by David Bauer.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.I. Lease Agreement with Tuxedo Raceway/Team Dice Promotions
Forwarded From Information:  Unit: City Council Parks and Recreation Committee
Action(s):
Approve a 1-year lease agreement with Team Dice Promotions for the Tuxedo Raceway. Carried with a motion by Brian Carnes and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.J. Tuxedo Park Infield Services Agreement
Forwarded From Information:  Unit: City Council Parks and Recreation Committee
Action(s):
Table an agreement for Tuxedo Park Infield Services. Carried with a motion by Brian Carnes and a second by Ryan Hinz.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
4.K. Confirm Mayor's Re-appointments of Brian Stork and Chad Menagh to the Police Retirement Advisory Board with terms ending 12/01/2022
Forwarded From Information:  Unit: City Council Personnel Committee
Action(s):
Confirm the Mayor's re-appointments of Brian Stork and Chad Menagh to the Police Retirement Advisory Board. Carried with a motion by Ward 3 Three and a second by Ryan Hinz.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
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. Resolution 2019-11 Appointments to MEAN
Forwarded From Information:  Unit: City Council Public Works Committee
Action(s):
Pass Resolution 2019-11 appointing City positions on MEAN Board. Carried with a motion by Ryan Hinz and a second by Brian Carnes.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
5.B. Ordinance 2056 Amending 11-221 Adding Composting Facility as Special Exception Use
Rationale:  Final Reading
Action(s):
Approve Ordinance 2056 amending 11-221 adding Composting Facility as Special Exception Use for Final Reading. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
Adopt Ordinance 2056 amending 11-221 adding Composting Facility as a Special Exception Use. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
5.C. Ordinance 2057 Amending 11-211 to Add Composting Facility Definition
Rationale:  Final Reading
Action(s):
Approve Ordinance 2057 amending 11-211 adding Composting Facility definition for Final Reading. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
Adopt Ordinance 2057 amending 11-211 adding Composting Facility definition. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
5.D. City Council Decision Regarding CCI Compliance with Local Siting Requirements
Action(s):
Approve a Certification of Compliance with Local Siting Requirements for Crete Core Ingredients. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
Approve Mayor to sign Findings of Fact regarding CCI Request for Siting. Carried with a motion by David Bauer and a second by Ryan Hinz.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Discussion:  The City Council considered the statutory Findings of Fact regarding a composting facility siting request, as prepared by City Attorney Wendy Elston.  Lori Calub with HDR responded to several questions from City Council members.
5.E. Ordinance 2072 Amending 11-230 Adding Part E.9. Composting
Rationale:  Final Reading
Action(s):
Approve Ordinance 2072 amending 11-230 adding Part E.9. Composting for Final Reading. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
Adopt Ordinance 2072 amending 11-230 adding Part E.9. Composting. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
5.F. Ordinance 2079 Amend City Code 3-225 Correct Clerical Error Regarding Water Fees
Action(s):
Introduce Ordinance 2079 Amend City Code 3-225 correcting clerical error of water tap fees and waived the statutory requirement of three readings. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
Adopt Ordinance 2079 Amend City Code 3-225 correcting clerical error of water tap fees. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
5.G. Ordinance 2080 Amend City Code 3-325 Part E Correct Clerical Error Regarding Sewer Fees
Action(s):
Introduce Ordinance 2080 Amend City Code 3-325 correcting clerical error of sewer tap fees and waived the statutory requirement of three readings. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
Adopt Ordinance 2080 Amend City Code 3-325 correcting clerical error of sewer tap fees. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
5.H. Ordinance 2081 Amend City Code 9-201 to Correct Clerical Error Regarding Permit Fees
Action(s):
Introduce Ordinance 2081 Amend City Code 9-201 correcting clerical error regarding permit fees and waived the statutory requirement of three readings. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
Adopt Ordinance 2081 Amend City Code 9-201 correcting clerical error regarding permit fees. Carried with a motion by David Bauer and a second by Ward 3 Three.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Attachments:
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:  Building Inspector Brad Bailey reported on homes damaged by the flooding.  City Clerk Judi Meyer reported on the status of the Downtown Renovation project.  City Administration Tom Ourada reported that the street construction around the library would being next week and other paving would begin the last week of April.  Council President Dave Bauer reported that some of the new downtown benches, garbage cans, and flower pots would be placed the first week of May.
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 the Consent Agenda items. Carried with a motion by David Bauer and a second by Ryan Hinz.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: 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 Meeting Minutes of April 2, 2019
Attachments:
7.B. City Council Committee Meeting Minutes
7.B.1. Personnel Committee Meeting Minutes of April 2, 2019
Attachments:
7.B.2. Public Works Committee Meeting Minutes of April 2, 2019
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):
Motion to adjourn. Carried with a motion by David Bauer and a second by Ryan Hinz.
  • Jack Oelschlager: Absent
  • Dale Strehle: Absent
  • David Bauer: Aye
  • Brian Carnes: Aye
  • Ryan Hinz: Aye
  • Ward 3 Three: Aye
No Action(s) have been added to this Agenda Item.
Discussion:  The meeting adjourned at 7:22pm.
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