REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 11, 2022
A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 11th day of January 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.
Sanne moved to approve the minutes from the regular meeting on December 14 and special meeting on December 21. Alder seconded the motion. Motion carried 4-0.
Alder moved to approve claims and payroll. Smith seconded the motion. Motion carried 4-0.
Josh Sirek was present to discuss the options available for employee health insurance renewal that will go into effect on February 1, 2022. Sirek proposed moving from a PPO plan to reference based pricing which would eliminate the need for in-network or out of network provider requirements. Reimbursements would be based on Medicare rates. The City would still be with AllState Benefit Solutions. Council selected a plan that showed a 15.56% rate increase from the previous year and 90% coinsurance rate. Alder moved to approve the selected plan. Smith seconded the motion. Motion carried 4-0.
Manor Administrator Juleen Johnson provided COVID and staffing updates for the facility. Discussion was held on the Manor Administrator contract for 2022. The Manor Board proposed a 4% increase which brought Johnson’s annual salary to $117,772. Smith moved to approve the contract as presented. Sanne seconded the motion. Motion carried 3-1 with Yosten voting no.
Police Chief Neumann stated that New Year’s Eve was uneventful and that the department would be meeting with newly hired attorney Luke Henderson to work on nuisance properties.
Susan Norris gave updates on the Community Building, 4-plex housing project and DTR grant. Norris stated that she is currently working on 4 business plans for 2022 which include a hardware store, floral shop, bakery and a repair shop.
No City Superintendent report was given.
City Attorney Curtiss stated he will be reviewing the police files and sending to Luke Henderson to proceed with any further prosecution if necessary.
Mayor Schlote made several board appointments.
Larry Petersen and Jason Smith were recommended for reappointment to the Tree Board for 2 year terms. Sanne moved to approve the appointments. Yosten seconded the motion. Motion carried 4-0.
Amy Dummer was recommended for reappointment to the Park Board for a 3 year term. Sanne moved to approve the appointment. Yosten seconded the motion. Motion carried 4-0.
Jody Born was recommended to replace Judy Beaudette on the HandiVan Board with term ending June 2025. Sanne moved to approve the appointment. Yosten seconded the motion. Motion carried 4-0.
Alyssa Frahm was present to discuss a Keno Grant application submitted by the Post Prom Committee for a Hypnotist/Magician. The committee requested $1,000 to help cover the cost of the event. Sanne moved to approve the Keno grant. Yosten seconded the motion. Motion carried 4-0.
Appointments were made for the City Engineer and City Street Superintendent for 2022. Sanne moved to approve Miller and Associates as the City Engineer and Reed Miller, License S-514, Class A as the City Street Superintendent. Alder seconded the motion. Motion carried 4-0.
Motion was made by Sanne and seconded by Smith to approve Ordinance No. 972 on its third reading. Upon roll call vote, the following members voted AYE: Smith, Sanne and Schlote. The following voted NAY: Alder and Yosten. Motion carried 3-2. Whereupon the Mayor declared said Ordinance No. 972 approved on its final reading.
ORDINANCE NO. 972
AN ORDINANCE OF THE CITY OF PLAINVIEW, NEBRASKA, to create a new code section in Chapter 11, Municipal Planning, Article 4.5, Section 11-4.5.1, Business Retention, Small Box/Variety Stores. Competition and Regulation, and for consistency and clarity, add the same to the City of Plainview Zoning Regulations as (307) Commercial Use Types (q) Retail Service at #3 Small Box Discount Stores.
WHEREAS, the Mayor and City Council of the City of Plainview recognize that maintaining a full-service grocery store and a full-service pharmacy in a community the size of Plainview is of significant importance to the health and welfare of the citizens of Plainview and the surrounding area; and
WHEREAS, many similar small communities have lost grocery stores and/ or pharmacies due to lack of volume of sales, in part caused by competition from other types of businesses that operate of a higher volume or low margin format, but frequently also offer less fresh food products such as fresh fruit, vegetables, and meat, and full service pharmacy products; and
WHEREAS, it is the policy of the City of Plainview to attempt to structure and regulate the community business environment to support and maintain the health and welfare of its citizens;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA that 11-4.5.1 and Zoning Regulation (307(q)(3) be created as follows:
Section 1. Administration;
Intent and Purpose. The purpose of this ordinance is to maintain and support the health and welfare of the citizens of Plainview, by:
Promoting a community-based approach to the support and preservation of existing businesses that:
Provide a business environment that devotes in excess of 60% of square footage to food products, including access to a full range of foods, fresh produce, fresh meats and dairy products; and/or
Provide full service prescription pharmacy services, as well as over the counter drug products, support for drug programs at local medical and care facilities, and all related products normally stocked in a full-service prescription pharmacy;
Providing a community business structure that allows the business mentioned above to survive and thrive; and
Avoiding over concentration of small box discount or variety stores, as defined below, that would threaten the financial viability and/ or existence of such food and pharmacy providers and businesses within the City of Plainview;
Section 2. Definitions.
The following terms shall have the meaning provided herein. Terms not defined herein shall have the meaning provided in the City of Plainview Zoning Ordinance and/or City Subdivision Regulations.
Grocery Store: Retail store that provides assorted goods for sale, including but not limited to, food, beverages and personal health items. A minimum of 25% of sales floor area or more than 3,000 square feet of sales floor are dedicated to the sale of fresh or pre-packaged meats, fruits, vegetables ,and dairy, whichever is greater.
Small Box Discount Store: A retail store with a floor area ranging from 2,000-15,000 square feet that offers for sale an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, household products, personal grooming and health products and other consumer goods, with the majority of items being offered for sale at lower than the typical market price. Small box discount stores do not include retail stores that: contain a prescription pharmacy; sell gasoline or diesel fuel; primarily sell specialty food items (e.g. meat, seafood, cheese, or oils and vinegars); or dedicate at least 15% of floor area or shelf space to fresh foods and vegetables.
Convenience Retail Store: Retail store that provides fuel and assorted or specialty goods for sale, including food and beverages for off-premise consumption and personal health items. Small Box Discount stores are not included.
Full-service Prescription Pharmacy: Business providing prescription medications and pharmaceutical products in addition to over-the counter medical products, snacks, cleaning products, health and beauty products and sundries. A full-service pharmacy employs a licensed pharmacist.
Section 3. Regulations of Small Box Discount Stores
To avoid over-concentration, to be a Permitted Use within an otherwise acceptable zoning district, a new Small Box Discount store within the City of Plainview Zoning Jurisdiction shall not be closer than 1 mile (5,280 feet) from another existing small box discount store. If located under 5,280 feet from another such store, this use is permitted by Special Use Permit (“SUP”) only. In addition to the criteria for a SUP set forth in the Zoning Code, when reviewing a request for SUP for a discount store use, the Planning Commission and City Council shall consider:
Whether the proposed Small Box Discount Store may have a detrimental impact on the development of grocery stores and other businesses that sell fresh food items in the area to be served by the proposed use.
The availability of fresh food options in the area of the proposed use including the proximity of Grocery Stores within one mile of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention.
Whether the proposed use may have a detrimental impact on the development or survival of Full-service Prescription Pharmacies.
Council member Alder introduced the following resolution and moved for its adoption:
RESOLUTION #647
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA AS FOLLOWS:
The Mayor and City Council hereby find and determine:
(a) That an Ordinance creating Street Improvement Project No. 2021-1 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-1 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.
(b) That an Ordinance creating Street Improvement Project No. 2021-2 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-2 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.
(c) That an Ordinance creating Street Improvement Project No. 2021-3 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-3 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.
(d) That an Ordinance creating Street Improvement Project No. 2021-4 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-4 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.
(e) That an Ordinance creating Street Improvement Project No. 2021-5 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-5 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.
(f) That an Ordinance creating Street Improvement Project No. 2021-6 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-6 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.
(g) That an Ordinance creating Street Improvement Project No. 2021-7 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-7 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.
(h) That an Ordinance creating Street Improvement Project No. 2021-8 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-8 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.
(i) That an Ordinance creating Street Improvement Project No. 2021-9 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-9 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.
(j) Accordingly, the City will commence construction of improvements in Street Improvement Project Nos. 2021-1, 2021-2, 2021-3, 2021-4, 2021-5, 2021-6, 2021-7, 2021-8, and 2021-9 and will levy assessments on the lots and parcels of land abutting on or adjacent to the streets in the Projects in proportion to the benefits to such lots and parcels of land.
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, Yosten and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #647 is passed
and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #648
WHEREAS, the Mayor and City Council of the City of Plainview have received a request to update signature authority on the various Municipal accounts at Midwest Bank, N.A.,
AND WHEREAS, it is in the best interests of both the Bank and the City to keep such records current.
NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, THAT signature power of the City’s accounts is set as follows:
150541 General Account
Current elected Mayor; Courtney Retzlaff; Melissa Forbes
150509 Housing Authority Account
Courtney Retzlaff; Melissa Forbes
44409616 Keno Account
Courtney Retzlaff; Melissa Forbes
151009 Water Tower Bond Act
Courtney Retzlaff; Melissa Forbes
44403357 C & D Closure/Post – Closure Care Account
Courtney Retzlaff; Melissa Forbes
44405161 Plainview/Osmond Housing Rehab
Courtney Retzlaff; Melissa Forbes
720321 Electrical System Sinking Fund
Courtney Retzlaff; Melissa Forbes
44408263 Pool Sales Tax
Courtney Retzlaff; Melissa Forbes
44421067 C&D Sinking Fund
Courtney Retzlaff; Melissa Forbes
44417492 Manor Sales Tax
Courtney Retzlaff; Melissa Forbes
44417503 Library Sales Tax
Courtney Retzlaff; Melissa Forbes
44417514 Economic Development Sales Tax
Courtney Retzlaff; Melissa Forbes
44420286 Street Improvement Fund
Courtney Retzlaff; Melissa Forbes
44423773 IRP Funds
Courtney Retzlaff
44423784 RBDG Funds
Courtney Retzlaff
44427590 DTR Grant Funds
Courtney Retzlaff
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. Abstain: Yosten. Whereupon the Mayor declared said motion carried and Resolution #648 is passed and adopted.
Discussion was held on an Ordinance to create a Right-of-Way and Public Street on Lincoln Avenue between the ballfields. The drive that extends through is currently all owned by the City of Plainview and passage of an Ordinance would make a legally recognized street. City Administrator Tarr stated that creation of a street would require any organizations wanting to close the street for events to request approval from the City.
Motion was made by Sanne and seconded by Alder to approve Ordinance No. 974 on its first reading. Upon roll call vote, the following members voted AYE: Alder, Smith, Yosten and Sanne. The following voted NAY: None. Motion carried 4-0. Whereupon the Mayor declared said Ordinance No. 974 approved on its first reading.
Motion was made by Sanne and seconded by Alder to waive the second and third readings of Ordinance No. 974. Upon roll call vote, the following members voted AYE: Alder, Smith, Yosten and Sanne. The following voted NAY: None. Motion carried 4-0. Whereupon the Mayor declared said Ordinance No. 974 approved.
ORDINANCE NO. 974
AN ORDINANCE TO extend and join segments of Lincoln Avenue.
WHEREAS the City of Plainview owns property located along the line of Lincoln Avenue in the City of Plainview, generally located between North Main Street and Pine Street; and
WHEREAS the dedication and extension of Lincoln Avenue through and across the intervening tract would contribute to efficient traffic flow, and generally benefit the citizens of Plainview;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA:
Section 1. That the South 80 feet of the City of Plainview property lying directly in the east-west line of Lincoln Avenue shall be and hereby is designed, in perpetuity, as an extension of Lincoln Avenue, all as set out on the ‘New Right of Way Exhibit” attached hereto and incorporated herein by reference, in the same form and to the same result if it had been dedicated and accepted as a public right-of-way in a private Plat and Dedication. From the effective date of this ordinance the same shall be used and managed as a public right-of-way, which shall be included in and known as part of Lincoln Avenue, in the City of Plainview, Pierce County, Nebraska.
Section 2. That any ordinance passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.
Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Requesting bids for the paving of the newly created Lincoln Avenue was tabled until next month.
Discussion was held on requesting bids for previously created Street Improvement Projects 2021-1 through 2021-9. City Administrator Tarr stated this was the next step in the process and bids did not have to be accepted once received. Alder moved to request bids for Street Improvement Projects 2021-1 through 2021-9. Smith seconded the motion. Motion carried 3-1 with Sanne voting no.
Requests for Special Designated Liquor Licenses for Klown Days and the Car Show submitted by 13/20 and Keystone were tabled until February.
It was moved by Smith, seconded by Alder to adjourn the meeting. Motion carried 4-0.
TIME: 7:03 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 1/11/2022; 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)
14879
City of Plv Osm/Plv Housing
Pmt
50.60
14880
Hollman Media
Svc
75.00
14881
Verizon Wireless
Cellphones
520.81
14882
City of Plv Osm/Plv Housing
Pmt
50.60
14883
Plainview Chamber of Commerce
Klown Kash
1,215.00
14884
City of Norfolk
Svc
126.75
14885
Jack’s Uniforms & Equip
Su
179.90
14886
Blue360 Media
Su
342.86
14887
Aflac
Emp Ins
704.08
14888
Plainview Chamber of Commerce
Klown Kash
150.00
14889
City of Plv Osm/Plv Housing
Pmt
42.00
14890
Pierce Co Treasurer
Taxes
1,115.84
14891
Plainview News
Ads/Legals/Su
1,517.50
14892
Street Improvement Dist
Street Assessment Pmts
4,358.36
14893
City of Plainview
IRP Pmt Pure Revival
381.07
14894
City of Plainview
RBDG Pmt Pure Revival
346.43
14895
NE UC Fund
Unemp Tax
1,746.45
14896
MASA
Emp Ins
126.00
14897
NENEDD
DTR DD #6
1,970.78
14898
NENEDD
TFRH DD #2
1,513.37
14899
Madison Co Bank
Qtrly Loan Pmt
6,257.45
14900
City of Plv Osm/Plv Housing
Pmt
51.51
14901
Pierce Co Treasurer
Taxes
139.66
14902
City of Plv Osm/Plv Housing
Pmt
51.52
14903
City of Plainview
Pool Sales Tax
6,371.73
14904
City of Plainview
Library Sales Tax
3,596.06
14905
City of Plainview
Manor Sales Tax
3,596.06
14906
City of Plainview
Eco Dev Sales Tax
3,596.06
14908
Midwest Bank
Emp HSA Dec
500.00
14909
Postmaster
Postage
230.00
23340
23347
City Employees
Payroll 12-14-2021
22,080.45
23348
23350
City Employees
Payroll 12-30-2021
16,350.00
23351
2 A.M. Signs & Graphics
Su
145.00
23352
Agland Electric Motor Service
2021 Contract Svc
1,450.31
23353
AKRS Equip
Su
73.02
23354
Alby’s Electric
Su
106.95
23355
Bud’s Sanitary Service LLC
Svc
4,752.00
23356
Bud’s Sanitary Service LLC
Tote Purchase
1,050.00
23357
City of Norfolk
Svc
246.50
23358
City of Plainview
LB840 Loan Pmt
80.00
23359
City of Plainview C&D Sinking Fund
Pmt
2,000.00
23360
City of Plv Housing Auth
Pmt
100.00
23361
Classic Rentals
Su
179.03
23362
Bruce Curtiss dba Curtiss Law Office
Legal Fees
1,250.00
23363
Dutton-Lainson Co
Su
3,510.78
23364
Eakes Office Solutions
Copier Contract
263.70
23365
Electrical Engineering & Equip
Su
44.58
23366
Great Plains Communications
Svc
51.12
23367
Hollman Media
Svc
75.00
23368
Hometown Leasing
Copier Lease
247.19
23369
Ingram Library Services
Books/Audiobooks
35.04
23370
Jack’s Uniforms & Equip
Su
117.94
23371
Matheson Tri-Gas Inc
Su
37.33
23372
Miller & Associates Consulting Engineers
Paving Improvement Projects
24,000.00
23373
Mitch’s Food Center
Su
86.31
23374
NE. Public Health Env Lab
Water Samples
277.00
23375
NMPP
Su
74.99
23376
NE Statewide Arboretum
Membership Dues
100.00
23377
NCPPD
Svc
11,543.17
23378
VOID
23379
One Call Concepts
Qtrly Locates
39.20
23380
Plainview Auto Supply
Su
306.42
23381
Plainview Public Schools
Tob Lic Fees
20.00
23382
Plainview Rural Fire District
Qtrly Pmt
5,500.00
23383
Plainview Telephone
Svc
1,267.50
23384
Precision IT
Svc
110.00
23385
Schaefer Grain
Weigh Tickets
465.00
23386
Steinkraus Service
Fuel/Repairs/Tires
2,626.05
23387
Water Tower Bond Acct
Pmt
2,800.83
23388
Winsupply Norfolk
Su
141.06
ACH
Allied Benefit Services
Emp Ins
10,540.91
ACH
Black Hills Energy
Svc
735.96
ACH
Breakout Edu
Su- ARPA Lib
278.00
ACH
Casey’s Business MasterCard
Fuel
2,237.07
ACH
Comm Bankers Merch Svc
CC Processing Fees
1,025.78
ACH
CrashPlan Pro
Svc
9.99
ACH
Cricuit.Shop
Su- ARPA Lib
793.92
ACH
EFTPS
Fed W/H Tax
6,450.42
ACH
EFTPS
Fed W/H Tax
5,106.71
ACH
Dearborn Life Ins Co
Emp Ins
72.00
ACH
Healthplan Svcs Inc
Emp Ins
82.20
ACH
Makedo.com
Su- ARPA Lib
185.00
ACH
Mass Mutual
Pension
2,184.83
ACH
Mass Mutual
Pension
2,184.83
ACH
Microsoft Office
Su
106.99
ACH
Midwest Bank
Svc
50.00
ACH
NE Dept of Rev
State W/H Tax
1,776.97
ACH
NE Dept of Rev
Sales & Use Tax
1,349.11
ACH
Shark Ninja
Su- Library
160.49
ACH
Synchrony Bank/Amazon
Su
17.00
ACH
Synchrony Bank/Amazon
Su – ARPA Library
221.48
ACH
Tangible Play Inc
Su – ARPA Library
320.76
ACH
Zoom Video Comm Inc
Svc
15.81