REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 8, 2023
A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 8th day of August at 6:30 o’clock P.M.
Roll call was held and present were: Mayor Smith; Council Members: Anderson, Born, Janovec and Sanne Absent: None
The Pledge of Allegiance was then recited.
Mayor Smith opened the meeting and announced to individuals in attendance that a full copy of the new Nebraska Open Meetings Act was posted on the east wall of the Council Chambers.
Notice of the meeting was given in advance thereof by Publication, a designated method for giving notice, as shown by the Affidavit of Publication attached to these minutes. Notice of this meeting was given to the Mayor and all Members of the Council and a copy of their acknowledgment of receipt of notice and the agenda is attached to the minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.
Jeremy Tarr was present as City Administrator
Courtney Retzlaff was present as City Clerk.
Kyle Petersen was present as City Attorney
Sanne moved to approve the meeting minutes from July 11th. Janovec seconded the motion. Motion carried 4-0.
Janovec moved to approve claims and payroll. Born seconded the motion. Motion carried 4-0.
Juleen Johnson gave the monthly Manor report. The facility had a change in agents for health insurance to Josh Sirek, holiday pay for employees was evaluated and Lutz was selected as the firm to complete the annual financial audit.
Police Chief Hallock stated that in July there were 6 properties that had been designated for nuisance abatements. Hallock stated that weed abatements were also in process and that the properties around town are being cleaned up. A bike rodeo will be held on August 19th at the library during Safety Saturday events
Economic Development director Susan Norris gave updates on the C4K meetings for childcare programs, the hotel study began last week, DTR round 3 funding will be available in the next month and a committee for the Street Scape and Creative District will need to be formed. Norris suggested the LB840 board who would need to partner with a non-profit Arts based group, such as Plainview Arts Council. The Watson building has sold and will now house a trucking company in the back with golf cart sales and showroom in the front room. Also it was reported that the former Fat’s building, which currently houses J&S Interiors, is now up for sale.
City Administrator Tarr reported that staff continues to work on the chemical issues at the pool and closure of the facility for the season may happen before August 13th if it is not able to be resolved.
City Attorney Petersen stated that the Vandelay judgment payment for the property at 112 S Elm was received and should be signed off soon, giving the City clear title to the property. He is also working with NENEDD to gather information necessary for deeds of trust and promissory notes on completed DTR grant projects.
The Mayor made several board appointments.
Sarah Doty was recommended for the library board for a term to end June 2026. Sanne moved to approve the appointment. Born seconded the motion. Motion carried 4-0.
Melissa Tarr was recommended for the Manor board for a term to end June 2024. Sanne moved to approve the appointment. Born seconded the motion. Motion carried 4-0.
Traci Ober was recommended for the Manor Board for a term to end June 2025. Sanne moved to approve the appointment. Born seconded the motion. Motion carried 4-0.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #678
WHEREAS: State of Nebraska Statues, sections 39-2115, 39-2119, 39-2120, 39-2121, and 39-2520(2), requires an annual certification of program compliance to the Nebraska Board of Public Roads Classifications and Standards; and
WHEREAS: State of Nebraska Statute, section 39-2120 also requires that the annual certification of program compliance by each municipality shall be signed by the Mayor or Village Board Chairperson and shall include the resolution of the governing body of the municipality authorizing the signing of the certification.
BE IT RESOLVED that the Mayor of Plainview is hereby authorized to sign the Municipal Annual Certification of Program Compliance.
Council member Janovec seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Anderson, Born, Janovec, Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #678 is passed and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION # 679
A RESOLUTION TO AUTHORIZE THE INSTALLATION OF A CHILD AT PLAY SIGN IN THE 100 BLOCK OF EAST LOCUST AVENUE
WHEREAS, the City of Plainview has received requests for signs in the 100 Block of East Locust Avenue designating Child at Play in the area; and
WHEREAS, the Mayor and City Council deem it to be in the best interest of the citizens of Plainview that signs be posted.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, AS FOLLOWS:
Section 1. “Child At Play” signs shall be posted at the 100 Block of East Locust Avenue in the City of Plainview. City personnel shall acquire and post such signs forthwith.
Section 2. That all resolutions or parts of resolutions in conflict be and are hereby repealed.
Council member Janovec seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Anderson, Born, Janovec, Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #679 is passed and adopted.
At 7:00 PM Mayor Smith opened the Public Hearing for a Special Use Permit at 112 S Elm Street for John and Danielle Steinkraus
City Administrator Tarr stated that the zoning board had met on August 7th and recommended approval of the SUP for an automated car wash at 112 S Elm Street. John Steinkraus was present to answer questions from the council. Steinkraus hopes to be open by spring of 2024.
At 7:06 PM Born moved to close the public hearing. Sanne seconded the motion. Motion carried 4-0
Motion was made by Sanne and seconded by Born to approve Ordinance No. 989. Upon roll call vote, the following members voted AYE: Anderson, Born, Janovec and Sanne. The following voted NAY: None. Motion carried 4-0. Whereupon the Mayor declared said Ordinance No. 989 approved.
Motion was made by Sanne and seconded by Janovec to waive the second and third readings of Ordinance No. 989. Upon roll call vote, the following members voted AYE: Anderson, Born, Janovec and Sanne. The following voted NAY: None. Motion carried 4-0. Whereupon the Mayor declared the second and third readings of said Ordinance No. 989 waived.
ORDINANCE NO. 989
AN ORDINANCE TO CONFIRM THE SALE OF REAL ESTATE OWNED BY THE CITY OF PLAINVIEW LOCATED AT 112 S. ELM STREET TO JOHN STEINKRAUS FOR $3,000.00.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA:
SECTION 1. The City of Plainview is the owner of the real estate (hereinafter the “Real Estate”) described as follows:
The East 135 feet of Lot 6, Block 3, Original Town of Plainview, Pierce County, Nebraska; except the West 12 feet thereof.
SECTION 2. Pursuant to Neb. Rev. Stat. § 17-503.01, Resolution No. 676 was passed on July 11, 2023, by the City Council to direct the sale of the Real Estate to John Steinkraus for $3,000.00. John Steinkraus shall receive a quitclaim deed and shall pay all recording costs, documentary stamp taxes, and any other fee to record the deed. Furthermore, John Steinkraus shall assume all liabilities and encumbrances against the real estate, including delinquent taxes. The only encumbrance against the real estate that will be satisfied by the City shall be the judgment entered in Case No. CI13-51 in the District Court of Pierce County, Nebraska. All other encumbrances, claims, liens, and title defects shall be assumed by the John Steinkraus.
SECTION 3. Notice of the aforementioned resolution and the sale of the Real Estate was posted in three prominent places within the City on July 24, 2023 The notice gave a general description of the property offered for sale and stated the terms and conditions of sale.
SECTION 4. Seven days have passed since the posting of the notice provided in Section 3, and the City of Plainview hereby confirms the sale of the Real Estate to the John Steinkraus via ordinance.
SECTION 5. The Mayor is hereby authorized to sell the Real Estate to John Steinkraus and to execute any and all documents to close said transaction.
SECTION 6. All ordinances or parts of ordinances in conflict be and the same hereby are repealed.
SECTION 7. Three-fourths of the City Council voted to suspend the requirement that this ordinance be read by title on three different days.
SECTION 8. This ordinance shall be effective from and after its passage, approval and publication as provided by law.
SECTION 9. This ordinance shall be published in pamphlet form and available for public inspection during normal City Office business hours.
Discussion was held on the zoning board recommendation for the SUP for the automatic car was at 112 S Elm Street. Janovec moved to approve the SUP. Born seconded the motion. Motion carried 4-0.
Motion was made by Born and seconded by Sanne to approve Ordinance No. 988. Upon roll call vote, the following members voted AYE: Anderson, Born, Janovec and Sanne. The following voted NAY: None. Motion carried 4-0. Whereupon the Mayor declared said Ordinance No. 988 approved.
Motion was made by Born and seconded by Sanne to waive the second and third readings of Ordinance No. 988. Upon roll call vote, the following members voted AYE: Anderson, Born, Janovec and Sanne. The following voted NAY: None. Motion carried 4-0. Whereupon the Mayor declared the second and third readings of said Ordinance No. 988 waived.
ORDINANCE NO. 988
AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF NORFOLK, NEBRASKA, REGARDING THE PROVISION OF BUILDING INSPECTION SERVICES, AMENDING THE BUILDING INSPECTOR OF THE CITY OF PLAINVIEW UNDER THE MUNICIPAL CODE, AND AUTHORIZING THE CITY ADMINISTRATOR TO DESIGNATE AN EMPLOYEE OF THE CITY OF NORFOLK AS THE BUILDING INSPECTOR.
Sanne moved to approve Application and Certificate for Payment 2- Final for PWS Well #3 62-1 Rehabilitation Project No. 351-CI-003 in the amount of $6,000. Born seconded the motion. Motion carried 4-0.
Sanne moved to approve Application and Certificate for Payment Final #2 for Street Improvement Districts 2021-5, 2021-7 and 2021-9 in the amount of $114,383.22. Janovec seconded the motion. Motion carried 4-0.
Sanne moved to approve Change Order No. 1 for Street Improvement Districts 2021-5, 2021-7 and 2021-9 in the amount of $44,480.87. Janovec seconded the motion. Motion carried 4-0.
Sanne moved to approve Certificate of Substantial Completion for Street Improvement Districts 2021-5, 2021-7 and 2021-9. Janovec seconded the motion. Motion carried 4-0.
Discussion was held on the purchase of new vehicle for the police department. City Administrator Tarr stated that the City would like to get into a better rotation as the current units were both purchased within a year of each other. Chief Hallock and Tarr had priced out at Dodge Durango with a base price of $41,000 from Cornhusker Auto. Council asked that Tarr seek prices from other dealerships.
Discussion was held on creating a safer walkway area on Woodland Avenue for the school children that will be utilizing it for their temporary classrooms off campus. Born moved to place cones along the south side of Woodland Avenue between King and Pine Streets. Shelly Sellin has volunteered to set up the cones and take them down as necessary. Janovec seconded the motion. Motion carried 4-0.
City Administrator Tarr stated that current Maintenance worker Kris Mann has submitted his notice that he will be leaving in the near future. Janovec moved to advertise for the position. Born seconded the motion. Motion carried 4-0.
The council reviewed the current financials and it was stated that budget workshops will be held in the next month to prepare for the FY 2023-2024 budget.
Sanne moved to adjourn the meeting. Anderson seconded the motion. Motion carried 4-0
TIME: 7:53 P.M.
Robert Smith, Mayor
(SEAL)
ATTEST:
Courtney Retzlaff, City Clerk/Treasurer
I, the undersigned, City Clerk for the City of Plainview, Nebraska, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Mayor and Council on 8/8/2023; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the office of the City Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the said minutes from which the foregoing proceedings have been extracted were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting.
Courtney Retzlaff, City Clerk/Treasurer (SEAL)
General Account
15374
Midwest Bank
HSA July – December
15,000.00
15376
City of Plainview
LIWHAP Pmt
179.00
15377
Verizon Wireless
Cellphones
465.44
15378
Petersen Electric
Svc
2,555.04
15379
Altwine Hardware & Home LLC
Su
154.06
15380
Utility Service Co Inc
Svc Contract
13,012.00
15381
Western Oil Inc
Fuel
914.97
15382
New York Life
Emp Insurance
92.20
15383
N&B Gas Co
Su
60.00
15384
City of Plainview Osm/Plv Housing
Housing Pmt
50.60
15385
TS Worldwide LLC
Hotel Study
10,500.00
15386
City of Plainview Osm/Plv Housing
Housing Pmt
42.00
15387
City of Plainview
IRP Loan Pmt
346.43
15388
City of Plainview
RBDG Loan Pmt
381.07
15389
MASA
Emp Insurance
140.00
15390
City of Plainview
LIWHAP Pmt
500.00
15391
City of Plainview
Pool Sales Tax
6,214.23
15392
City of Plainview
Library Sales Tax
4,142.81
15393
City of Plainview
Manor Sales Tax
4,142.81
15394
City of Plainview
Eco Dev Sales Tax
4,142.81
15395
City of Plainview
LIWHAP Pmt
132.83
15396
Plainview News
Ads/Legals/Su
762.02
15397
Plainview Fire & Rescue
Reim Donation
500.00
15398
Precision IT
Svc
150.45
15399
Hollman Media
Svc
92.25
15400
Vandelay Investments LLC
Pmt
1,272.78
15401
Midwest Bank
Emp HSA July
700.00
15402
City of Plainview
LIWHAP Pmt
50.00
15403
Plainview Chamber of Commerce
Klown Kash
100.00
15404
New York Life
Emp Insurance
92.20
15405
Postmaster
Postage
293.25
15406
City of Plainview Osm/Plv Housing
Housing Pmt
51.51
24596
thru
24612
City Employees
Payroll 7-14-2023
22,336.61
24613
thru
24630
City Employees
Payroll 7-28-2023
21,334.84
24631
Akrs
Su
281.15
24632
American Legal Publishing Corp
Code Updates
1,468.20
24633
Bazile Creek Power Sports
Su
134.86
24634
Bomgaars
Su
59.98
24635
Bud’s Sanitary Service
Svc
5,517.00
24636
Bush & Roe Inc
Bal. Due Liability Ins
40,336.00
24637
Chad’s Tire Service
Su
400.00
24638
Cintas
Su
69.85
24639
City of Plainview
LB840 Loan Pmt
80.00
24640
City of Plainview C&D Sinking Fund
Pmt
2,000.00
24641
City of Plainview Housing Auth
Housing Pmt
100.00
24642
Classic Rentals
Su
241.42
24643
Dutton-Lainson Co
Su
3,915.67
24644
Emma King
Sub Pay Lifeguard
22.00
24645
Francotyp Postalia
Postage
252.69
24646
Hawkins Inc
Su
1,827.00
24647
Hoffart Repair
Su
113.50
24648
Hometown Leasing
Copier Lease
176.28
24649
IIMC
Membership Dues
210.00
24650
Jarecki Sharp & Petersen PC LLO
Legal Fees
800.00
24651
Johnson Repair
Svc
78.99
24652
LP Gill Inc
Svc
8,804.21
24653
League of NE Municipalities
Membership Dues
2,926.00
24654
Lorenz Automotive
Su
10.99
24655
Mahaska
Su
62.50
24656
Matheson Tri Gas
Svc/Su
39.19
24657
Michael Andersen
Meter Deposit Refund
227.60
24658
Miller & Associates Consulting Engineers
Svc
26,692.02
24659
Mitch’s Food Center
Su
2,106.55
24660
Municipal Supply Inc of Omaha
Su
5,413.98
24661
NE Public Health Env Lab
Svc
70.00
24662
NE Environmental Products
Su
96.76
24663
Noah Geneski
Sub Pay Lifeguard
63.00
24664
Personnel Concepts
Su
930.88
24665
Pierce Broadband Networks
Svc
55.80
24666
Pierce Co Register of Deeds
Svc
16.00
24667
Plainview American Legion Aux
Ads
50.00
24668
Plainview Auto Supply
Su
48.58
24669
Plainview Telephone Co
Svc
1,020.07
24670
Precision IT
Svc
79.20
24671
Rob Kuper
Meter Deposit Refund
74.82
24672
Schaefer Grain Co
Scale Tickets
414.00
24673
Sirchie Acquisition Co LLC
Su
370.93
24674
Steinkraus Service
Fuel/Flat Repair
2,477.70
24675
Tammy Schaecher
Meter Deposit Refund
70.04
24676
Utilities Section
Membership Dues
936.00
24677
West Hodson Lumber
Su
6,748.23
ACH
Allied Benefit Services
Emp Insurance
13,240.82
ACH
Black Hills Energy
Svc
473.82
ACH
Casey’s Business MasterCard
Fuel
867.29
ACH
Clover Merchant Bankcard
Credit Card Fees
809.87
ACH
Crashplan Pro
Svc
9.99
ACH
EFTPS
Fed W/H Tax
6,132.09
ACH
EFTPS
Fed W/H Tax
6,014.31
ACH
EFTPS
PCORFT Fees
36.90
ACH
Empower Retirement
Pension
2,027.33
ACH
Empower Retirement
Pension
2,027.33
ACH
FDMS
Credit Card Machine
24.61
ACH
FDMS
Refund
71.38
ACH
FDMS
Credit Card Machine
2.14
ACH
Fort Dearborn Life Ins
Emp Insurance
60.00
ACH
Francotyp Postalia
Postage
1,000.00
ACH
Healthplan Svcs Inc
Emp Insurance
87.90
ACH
Midwest Bank
Merch Capture Svc
50.00
ACH
NE Dept of Rev
State W/H Tax
2,097.44
ACH
NE Dept of Rev
Sales & Use Tax
2,339.90
ACH
Postmaster
Postage
3.42
ACH
Synchrony Bank/Amazon
Su
26.69
ACH
Zoom Video Comm Inc
Svc
16.87
Economic Development Sales Tax
1289
PCED Inc
Loan Pmt
7,500.00
NAHTF Grant Fund
1010
Goldenrod Regional Housing Auth
Grant Funds
12.50
1011
NENEDD
Grant Funds
1,329.28
1012
Green Gable Contracting
Grant Funds
186,062.50
1013
NENEDD
Grant Funds
2,821.11
Keno Account
1172
City of Plainview
Keno Funds
2,950.00
1173
City of Plainview
Keno Funds
4,680.00
1174
City of Plainview
Keno Funds
10,500.00
1175
Klown Doll Museum
Keno Funds
3,660.00
1176
Plainview Social Center
Keno Funds
2,500.00