REGULAR MEETING OF THE CITY COUNCIL
TUESDAY FEBRUARY 9, 2021
A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 9th day of February at 6:30 o’clock P.M.
Roll call was held and present were: Mayor Schlote; Council Members: Alder, Smith, Yosten and Sanne. Absent: None
The Pledge of Allegiance was then recited.
Mayor Schlote 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.
Bruce Curtiss was present as City Attorney.
Yosten moved to approve the regular meeting minutes from January 12th. Alder seconded the motion. Motion carried 4-0.
Sanne moved to approve claims and payroll. Smith seconded the motion. Motion carried 4-0.
No Manor report was given. City Administrator Tarr stated that the Manor had purchased TV’s for all rooms in the facility and asked to be reimbursed from the Manor sales tax account. This was discussed during the budget workshop in August. Smith moved to approve the reimbursement. Alder seconded the motion. Motion carried 4-0.
Police Chief Neumann stated that for the month of January several warnings had been issued for non-working headlights and the department had received calls involving Social Services.
Economic Development Director Susan Norris updated on the release of funds for the NAHTF Grant, the RPIC comprehensive and strategic plans would begin the week of February 15th and the tentative closing date for the IRP and RDBG loans for Mary’s Restaurant is March 1, 2021. The CDBG DTR Grant contractor’s meeting was held on February 4th and a meeting for all interested businesses that would like to submit an application will be held once funds have been released by the State of Nebraska. A list of approved contractors will be utilized for all projects during the DTR process.
City Superintendent Curt Hart gave his monthly report and stated that new water ERTs were installed, trees were trimmed, sewer lines had been jetted and the maintenance staff had removed snow during January.
A presentation was given by Nebraska Strong to inform the public of their purpose and how they can help those affected with stress during the COVID-19 pandemic. Nebraska Strong covers 22 counties in the State helping raise mental health awareness.
Rich Lutz and Bobbi Risor presented on the LEOP for Pierce County that is to be updated every 5 years. The LEOP contains contact information for the county and towns in case of emergency situations. Plans for cities should be specific to the entity and Lutz encouraged the council to select a City Emergency Manager to help develop a plan for the City of Plainview.
Kyle Overturf of AMGL presented on the key findings of the FY 2019-2020 audit. The general fund of the City showed a shortfall of $302,461 due in part to no transfers being made and additional expense incurred during the mediation of the former Police Chief. The street fund showed an increase as funds that were erroneously sent to the City of Osmond were corrected and sent to Plainview. Overturf went through benchmarking that shows where the City should be in relation to other entities of similar population. The valuation of the City of Plainview at $46,785,590 is nearly half of what it should be at $87,936,128. The low valuation equates to nearly $104,000 in tax revenue that the City is not receiving. Overturf stated that significant rate increases and valuation will be needed to get the business-type activities of the City to where they should be. A suggestion was made to earmark the pool sales tax currently used for bond debt payment to the general fund once the bond is paid off in 2022.
Roger Protzman of JEO Consulting Group gave an update on the Source Water Grant project that was started last year and lasts approximately 18 months. The project was approved through the NDEE and helps to identify areas of the aquifer that contain higher levels of nitrates. The aquifer testing conducted in the fall of 2020 showed that all wells in City limits are pumping from the same aquifer. Protzman also stated that the City of Plainview currently has an Administrative Order for high nitrate levels reported during routine testing and as such will need to find an additional water source.
Council member Yosten left at 7:50 PM.
Protzman explained the pros and cons of both wells and water treatment plants. Costs and added maintenance of a water treatment plant were briefly addressed.
Motion was made by Sanne and seconded by Alder to approve Ordinance No. 961 on its first reading. Upon roll call vote, the following members voted AYE: Alder, Smith, and Sanne. The following voted NAY: none. Motion carried 3-0. Whereupon the Mayor declared said Ordinance No. 961 approved on its first reading.
It was moved by Sanne and seconded by Alder to waive the second and third readings and approve Ordinance No. 961. Upon roll call vote, the following members voted AYE: Alder, Smith, and Sanne. The following voted NAY: none. Motion carried 3-0. Whereupon the Mayor declared Ordinance No. 961 approved on its second and third readings.
ORDINANCE #961
AN ORDINANCE TO AMEND CHAPTER 3 SECTION 109 TO THE MUNICIPAL CODE OF THE CITY OF PLAINVIEW, NEBRASKA
Whereas, the City Code requires updates relative to water rates
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA:
Section 1. That Section, 3-109, of the Municipal Code of Plainview, Nebraska, shall be amended to read as follows:
§Section 3-109 MUNICIPAL WATER DEPARTMENT; MINIMUM RATES.
All water consumers shall be liable for the following rates provided by ordinance unless and until the consumer shall, by written order, direct the City Administrator to shut off the water at the stop box, in which case he shall not be liable thereafter for water rental until the water is turned on again:
Water Rates Within Corporate Limits
METER FEE, per month. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$32.00
Gallons used per month, per 1,000 gallons. . . . . . . . . . .. . . . . . . . . .. . $ 2.00
Water Rates Outside Corporate Limits
METER FEE, per month. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$32.00
Gallons used per month, per 1,000 gallons . . . . . . . . . . . . . . . . . . . .. . $ 2.00
Section 2. Any other ordinance or section passed and approved prior to passage, approval and publication of this ordinance and in conflict with its provisions is repealed.
Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law.
City Administrator Tarr presented the ACE rebate check that was received by the City of Plainview for 2020. The funds are returned to member communities based on the amount of gas that is sold during the year and is to be used for community improvement projects. Tarr recommended that the $5,401 be used for updates at the City owned ballfields. Smith moved to use the funds for updates at the ballfields. Alder seconded the motion. Motion carried 3-0.
Discussion was held on advertising for the lease of the farm ground at the transfer station and haying of the area around the lagoon. Tarr stated that he did not recommend leasing out the area by the transfer station in order to stay in regulation with our permit. Sanne moved to advertise for leasing of the hay ground around the lagoon. Alder seconded the motion. Motion carried 3-0.
Discussion was held on the League Model Ordinance updates that were approved by the legislature in 2020. Curtiss went through each update with the council and explained if they were needed in the City’s code book. An official ordinance will be passed at the March meeting.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #625
WHEREAS, the Mayor and City Council of the City of Plainview has received a request to establish Program Guidelines for Rentals 20-TFRH-35023;
AND WHEREAS, it is in the best interest of the City to adopt the guidelines that have been approved for use with the awarded Nebraska Affordable Housing Trust Fund financial assistance;
NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, THAT the attached program guidelines will be adopted to include the following:
Maximum Per Unit Subsidy
NAHTF Assisted Units
Rent Limits
Income Limits
Enforcement of Rent and Income Limit
Affordability Period
Fair Housing Act
Marketing Procedures
Minimum Rehabilitation Standards
Lead-Based Paint Regulation
Radon Mitigation
36 Month Completion
Investor Commitment Letters
Annual Tenant Income Review
Tenant Selection Policy
Applicant Rules and Regulations
Lease Agreement
Lease Purchase Program
Tenant Education
Washer and Dryer Assurance
Council member Smith seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Alder, Smith and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #625 is passed
and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #626
WHEREAS, the Mayor and City Council of the City of Plainview has received a request for approval of payment of invoices for the National Affordable Housing Trust Fund Program 20-TFRH-35023;
NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, THAT authorization is given to the City Clerk and Mayor to sign the Request for Funds in relation to the NAHTF:
Approval is given for payment of Northeast Nebraska Economic Development General Administration charges for services provided in the amount of $1,620.00
Council member Smith seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Alder, Smith and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #626 is passed
and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #627
WHEREAS, the Mayor and City Council of the City of Plainview has received a request to establish Procurement Procedures and Code of Conduct;
AND WHEREAS, it is in the best interest of the City to adopt the guidelines that have been approved for use with the awarded CDBG Downtown Revitalization Grant;
NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, THAT the attached procurement procedures and code of conduct will be adopted to include the following:
Procurement shall be made by one of the following methods:
Micro Purchase Procedures
Small Purchase Procedures
Competitive Sealed Bids
Competitive Proposals
Non-Competitive Proposals/Sale Source
The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used
The City of Plainview shall maintain records sufficient to detail the significant history of a procurement. These records shall include at a minimum: rationale for the method of procurement; selection of contract type; contractor selection or rejection; and the basis for the cost or price.
The following contract provisions or conditions shall be included in all procurement contracts and subcontracts:
General Administrative Provisions
Scope of Services
Method of Compensation
Federal Standard Provisions.
This Code of Conduct shall govern the performance of the elected or appointed officials or member of any board or commission employees or agents of the City of Plainview, Nebraska engaged in the award and administration of contracts supported by the Federal funds under Community Development Block Grant.
Council member Smith seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Alder, Smith and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #627 is passed
and adopted.
Discussion was held on the possible acquisition of the former PCSI building in downtown Plainview by the City. City Attorney Curtiss presented the tax liens that were outstanding on the property. The property will be up for a tax sale in October which would release the liens. The cost of obtaining the property was also addressed. Sanne moved to not pursue acquisition of the property at this time. Alder seconded the motion. Motion carried 3-0.
It was moved by Smith, seconded by Sanne to adjourn the meeting. Motion carried 3-0.
TIME: 8:46 P.M.
Brian Schlote, 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 2/09/2021; 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)
14622
Midwest Bank
Emp HSA Jan-June
12000.00
14623
City of Plainview
RDBG Match
5750.00
14624
City of Plainview
IRP Match
12780.00
14625
Midwest Bank
Emp HSA Jan-June
1500.00
14626
Plainview News
Ads/Su
838.19
14628
City of Plainview
LB840 Pmt
150.00
14629
NDEE- Fiscal Services
Lic Renewal C Hart
150.00
14630
Norfolk Daily News
Subscription
163.00
14632
City of Plainview
Pool Sales Tax
6083.70
14633
City of Plainview
Library Sales Tax
3619.25
14634
City of Plainview
Manor Sales Tax
3619.25
14635
City of Plainview
Eco Dev Sales Tax
3619.25
14636
New York Life
Emp Ins
92.20
14637
Midwest Bank
Emp HSA Jan
350.00
22600
22602
City Employees
Payroll 1-15-2021
16384.61
22603
22605
City Employees
Payroll 1-29-2021
15410.74
22606
Akrs Equip
Svc/Su
1381.76
22607
Alby’s Electric
Su
7.90
22608
Antelope County News
Subscription
37.00
22609
Arnold Oltjenbruns
Reim
13.38
22610
Blue360 Media
Su
325.50
22611
Bomgaars
Su
160.72
22612
Bud’s Sanitary Service, LLC
Svc
4752.00
22613
Bud’s Sanitary Service, LLC
Tote Lease
1165.21
22614
City of Plainview
LB840 Pmt
80.00
22615
City of Plainview C&D Sinking Fund
Pmt
2000.00
22616
City of Plv Housing Authority
Pmt
450.00
22617
City of Plv Plv/Osm Housing
Pmt
93.51
22618
Classic Rentals
Su
175.23
22619
Curtiss Law Office
Legal Fees
1250.00
22620
Custom Heating-Air Conditioning
Svc
212.50
22621
Dd Steel
Su
22.22
22622
Dutton-Lainson Company
Su
13482.00
22623
Eakes Office Solutions
Su
30.99
22624
Electrical System Sinking Fund
Pmt
2000.00
22625
Francotyp-Postalia Inc
Su
191.01
22626
Great Plains Communications
Svc
51.13
22627
Hansen Repair Inc
Svc
141.20
22628
Hometown Leasing
Copier Lease
247.19
22629
Ingram Library Services
Books/Audiobooks
470.64
22630
Itron Inc
Svc
1811.08
22631
Jack’s Uniforms & Equipment
Su
1114.72
22632
JEO Consulting Group
Svc
3903.75
22633
Kayla Clark
Meter Deposit Refund
97.46
22634
Kris Mann
Reim
80.00
22635
L.P. Gill Inc
Svc
12274.76
22636
Mahaska
Su
55.20
22637
Mike Kirstine
Meter Deposit Refund
33.53
22638
Mitch’s Food Center
Su
252.38
22639
Municipal Supply Inc of Omaha
Su
1256.87
22640
NE Public Health Env Lab
Svc
354.00
22641
NMPP
Su
109.72
22642
Norfolk Daily News
Ads
43.00
22643
Northeast NE Clerks Assoc
Dues
20.00
22644
Plainview Auto Supply
Su
457.81
22645
Plainview Telephone Co
Phone Svc
1196.07
22646
Rueter’s
Su
223.75
22647
Schaefer Grain
Svc/Su
330.00
22648
Special T’s & More
Su
40.15
22649
Steinkraus Service
Fuel/Repairs
2390.85
22650
Truck Center Companies
Su
93.90
22651
Water Tower Bond Acct
Pmt
2800.83
ACH
Allied Benefit Services
Emp Health Ins
8256.44
ACH
American Communication Systems
Su
88.95
ACH
Arbor Day Foundation
Su
64.85
ACH
Battery Mart
Su
69.80
ACH
Black Hills Energy
Gas
1183.89
ACH
Casey’s Business Mastercard
Fuel
323.71
ACH
Comm Bankers Merch Svc
Credit Processing Fees
491.35
ACH
CrashPlan Pro
Svc
9.99
ACH
Deluxe Business Checks
Su
207.96
ACH
Ebay
Su
18.28
ACH
EFTPS
Fed W/H Tax
5184.91
ACH
EFTPS
Fed W/H Tax
4851.57
ACH
Dearborn Life Ins Co
Emp Ins
54.00
ACH
Healthplan Svcs Inc
Emp Ins
82.20
ACH
LONM
Conference Registration
405.00
ACH
LED Store
Su
203.29
ACH
MASA
Emp Ins
112.00
ACH
Mass Mutual
Pension
2008.82
ACH
Mass Mutual
Pension
2008.82
ACH
Midwest Bank
Svc
50.00
ACH
Midwest Bank
NSF Fee
4.00
ACH
Midwest Bank
NSF Return
60.81
ACH
NE Child Support Pmt Center
Pmt
65.00
ACH
NE Dept of Rev
State W/H Tax
1616.05
ACH
NE Dept of Rev
Sales & Use Tax
2037.25
ACH
NE UC Fund
Unemp Tax
44.72
ACH
Northern Tool & Equipment
Su
29.40
ACH
Shark Ninja
Su
170.14
ACH
Synchrony Bank/Amazon
Su
73.61
ACH
Verizon Wireless
Cellphones
336.00
ACH
You Star Light
Su
116.00
ACH
Zoom Video Comm Inc
Svc
15.81