REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 9, 2024
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 April 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.
Courtney Retzlaff was present as City Clerk.
Jeremy Tarr was present as City Administrator
Kyle Petersen was present as City Attorney.
Janovec moved to approve the regular meeting minutes from March 12th. Sanne seconded the motion. Motion carried 4-0.
Sanne moved to approve claims and payroll. Born seconded the motion. Motion carried 4-0.
Kyle Overturf of AMGL was present to discuss the City of Plainview 2023 Annual Audit. One control issue was noted which is the lack of segregation of duties due to the amount of personnel in the office. Benchmarking shows that the City is still $16,000 short in valuation compared to municipalities of similar size. The City showed a positive balance in the unassigned General Fund of $207,101, with a recommendation of $370,000.
Juleen Johnson gave updates for the Plainview Manor which included changes to the Manor board meetings, staffing changes, the installation of the walk-in cooler and celebration of Nursing Home Week May 12-18, 2024.
Police Chief Hallock updated on new equipment that is still to be received, nuisance properties and installation of dog kennels. Hallock also stated there are safety books that are available free of charge to the City.
Susan Norris stated there will be a housing study meeting on April 29th from 5-7 PM at the library. Norris also informed the council that the buildings currently owned by J&S Interiors have been sold, with the east portion to house a business and the west to be refurbished for further development.
At 7:03 PM Mayor Smith opened the Public Hearing for Zoning Change C1 to R-2 33 28 4 Plainview Peed’s 2nd Add Blk 8 Lots 10-11-12
The property at 207 N 5th Street was purchased for the construction of a residential home by Alex Schoenenberger. The zoning change was recommended by the Planning Commission.
Sanne moved to close the public hearing at 7:06 PM. Born seconded the motion. Motion carried 4-0.
At 7:07 PM Mayor Smith opened the Public Hearing for Vacating Alley between 33 28 4 Plainview College Add Blk 9 Lots 1-2-3 and 33 28 4 Plainview College Add Blk 9 Lots 10 11 &12
The property was purchased for the construction of a residential home by Hunter and Sydney Ashburn and they requested to close the alley in between the listed area. The closure of the alley does not impeded any utility construction for any future properties in the area. The alley closure was recommended by the Planning Commission.
Sanne move to close the public hearing at 7:08 PM. Janovec seconded the motion. Motion carried 4-0.
Janovec moved to approve the vacating of alley between 33 28 4 Plainview College Add Blk 9 Lots 1-2-3 and 33 28 4 Plainview College Add Blk 9 Lots 10 11 &12. Born seconded the motion. Motion carried 4-0. A formal Ordinance will be passed at the May council meeting.
Janovec moved to approve the zoning change from C1 to R-2 33 28 4 Plainview Peed’s 2nd Add Blk 8 Lots 10-11-12. Anderson seconded the motion. Motion carried 4-0.
City Administrator Tarr reported the maintenance staff is busy with spring projects. BNSF plans to repair the 9th Street railroad crossing beginning April 22nd. Notice will be sent out to the public regarding the closure of the street and any alternate routes.
City Attorney Petersen reported that signed Deeds of Trust and Promissory Notes for the DTR grant are starting to be returned.
Mayor Smith recommended Lonna Mosel to serve on the Pool Board through December of 2024. Born moved to approve the appointment. Anderson seconded the motion. Motion carried 4-0.
Mayor Smith read the following proclamation:
Nebraska Public Transportation Week
WHEREAS: Nebraska Public Transportation week has been declared for April 21-27, 2024
AND WHEREAS: The date was chosen to honor the public transportation systems across Nebraska, including the local system better known as the Plainview Handivan.
AND WHEREAS: Public transportation systems across the state of Nebraska are celebrating public transportation during this time frame.
AND WHEREAS: Every year thousands of Nebraska citizens are able to participate in using public transportation to help them remain independent.
AND WHEREAS: Plainview has continued to support the use of public transportation throughout the year.
AND WHEREAS: Plainview recognizes the hard work and dedication that the city staff and especially the drivers do to help make the Plainview Handivan service an integral part of the lives of many residents in the community.
NOW THEREFORE BE IT RESOLVED that by virtue of the authority invested in me as Mayor of the City of Plainview, Nebraska, I, Robert Smith, do hereby issue this proclamation to celebrate public transportation and I do hereby declare April 21-27, 2024 to be “Public Transportation Week”.
Mayor Smith read the following proclamation:
Arbor Day 2024
WHEREAS in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and
WHEREAS this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and
WHEREAS Arbor Day is now observed throughout the nation and the world, and
WHEREAS trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and
WHEREAS trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and
WHEREAS trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and
WHEREAS trees — wherever they are planted — are a source of joy and spiritual renewal.
NOW, THEREFORE, I, Robert Smith ,Mayor of the City of Plainview, do hereby proclaim April 26, 2024 as ARBOR DAY in the City of Plainview, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.
Keno Grant applications were received from 6 organizations.
Plainview Public Schools requested $1,400 to purchase a portable Automated External Defibrillator (AED) to be used during school trips, sporting events and outdoor activities. The school has secured funding for 2 additional AEDs. Born moved to approve the Keno grant. Janovec seconded the motion. Motion carried 4-0.
Girls on the Run- Plainview Chapter requested $1,000 to help with costs associated with the program offered to girls in 3rd through 6th grade in the community. The total cost per girl is $125 and there are 19 participants this year. Extra funds remaining will be used to start a running club account. Janovec moved to approve the Keno grant. Sanne seconded the motion. Motion carried 4-0.
The Klown Doll Museum requested $3,000 for construction of an ADA compliant ramp and building updates for the new addition. Sanne moved to approve the Keno grant. Anderson seconded the motion. Motion carried 4-0.
Plainview Public Library requested $1,000 for an intern to help with the Summer Reading Program. Sanne moved to approve the Keno grant. Anderson seconded the motion. Motion carried 4-0.
Plainview Social Center requested $1,000 to replace their steam table which is needed to keep food at a controlled temperature per State regulations. Sanne moved to approve the Keno grant. Born seconded the motion. Motion carried 4-0.
The City of Plainview requested $5,000 for the purchase of hanging planter baskets and brackets for downtown. Susan Norris presented that 25 baskets would be purchased and sponsorships of $200 would be utilized for the purchase of the flowers and a name plate recognizing the donor. The City staff would be responsible for the watering of the baskets which would be taken down each winter to be sent to a greenhouse, where they would be planted and housed until spring. Sanne moved to approve the Keno grant. Anderson seconded the motion. Motion carried 3-2, Sanne, Anderson and Smith voting yes, Born and Janovec voting no.
Sanne moved to approve the LB840 Board recommendation for IRP loan funding for Three Brothers Car Wash. Total loan of $100,000 with USDA funding $77,000 and LB840 match of $23,000. Loan terms will be 20 years at 4.5% interest. Born seconded the motion. Motion carried 4-0.
Sanne moved to approve the LB840 Board recommendation for NAHTF Housing Grant match funds of $35,000 for the proposed project with Zuhlke Properties. Anderson seconded the motion. Motion carried 4-0.
The pool board recommended the following to be hired for the 2024 pool year: Manager, Allison Hardisty, Assistant Managers, Baili Prewitt and Mallory Mauer; returning lifeguards, Hannah Darnall, Claire Rasmussen, Corbin Pfeil, Teya Boyer, Keanu Johnson and Addie Hodson; and new lifeguards, Avery Hardisty and Morgan Nincehelser. Born moved to approve the hires as listed. Sanne seconded the motion. Motion carried 4-0.
Pool board recommendations for hourly wages were Manager $16, Assistant Manager $14, returning lifeguards $13 and new lifeguards $12. Born moved to approve the wages as presented. Sanne seconded the motion. Motion carried 4-0.
Pool prices were recommended to remain the same as last year: single pass $70, family pass for 1-4 people $110, family pass for over 4 people $135, pool party $100 per hour; daily entry fees: Jr. High- Adult $5, K-6 $4 and 5 and under free. Born moved to approve the pool prices. Sanne seconded the motion. Motion carried 4-0.
City Administrator Tarr recommended Chad Schumacher, Dylan Ward and Hayven Stewart for seasonal park help. Sanne moved to approve the hires. Janovec seconded the motion. Motion carried 4-0.
Born moved to set wages for seasonal park help at $13 per hour. Sanne seconded the motion. Motion carried 4-0.
City Administrator Tarr recommended a $3 per hour wage increase for James Rau effective April 1, 2024. Janovec moved to approve the wage increase. Sanne seconded the motion. Motion carried 4-0.
Special Designated Liquor licenses for June were discussed.
Keystone applied for a SDL on May 31, 2024 from 6:00 PM to 2:00 AM for a Street Dance during Klown Festival. Sanne moved to approve the SDL. Janovec seconded the motion. Motion carried 4-0.
Keystone applied for a SDL on June 1, 2024 from 6:00 PM to 2:00 AM for a beer garden during Klown Festival. Born moved to approve the SDL. Janovec seconded the motion. Motion carried 4-0.
Keystone applied for a SDL on June 8, 2024 from 9:00 AM to 5:30 PM for the Highway20 HotRod Association Car Show. Born moved to approve the SDL. Sanne seconded the motion. Motion carried 4-0.
The Plainview Chamber of Commerce applied for a SDL on June 1, 2024 from 8:00 AM to midnight for sand volleyball and cornhole tournaments during Klown Festival. Sanne moved to approve the SDL. Janovec seconded the motion. Motion carried 4-0.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #679
WHEREAS, the Mayor and City of Plainview deem it necessary that a portion of Woodland Avenue be closed for the Klown Festival hosted by the Plainview Chamber of Commerce on June 1, 2024;
NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, THAT:
The following streets are closed to thru traffic from 7:00 AM to 10:00 PM
*Woodland Avenue between Main Street and Maple Street
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 and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #679 is passed and adopted.
Motion was made by Sanne and seconded by Anderson to waive the second and third readings of Ordinance No. 995. 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. 995 waived.
Motion was made by Janovec and seconded by Sanne to approve Ordinance No. 995. 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. 995 approved.
ORDINANCE NO. 995
AN ORDINANCE ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF PLAINVIEW, NEBRASKA ADOPTING THE STATE LAW CHANGES MADE BY THE LEGISLATURE WHICH ARE SPECIFIC AND MANDATORY AND NECESSARY TO BRING THE CITY ORDINANCES AND CODE SECTIONS INTO CONFORMITY WITH STATE LAW AND AMENDING RESTATING, REVISING, UPDATING, CODIFYING AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES.
Motion was made by Sanne and seconded by Janovec to waive the second and third readings of Ordinance No. 996. 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. 996 waived.
Motion was made by Sanne and seconded by Janovec to approve Ordinance No. 996. 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. 996 approved.
ORDINANCE NO. 996
AN ORDINANCE TO ACCEPT A WARRANTY DEED FOR 517 W. LOCUST AVENUE, PLAINVIEW, NEBRASKA AND PAY ALL FEES FOR THE FILING OF SAID DEED.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #680
A RESOLUTION TO APPROVE LEASES FOR THE LAGOON AND TRANSFER STATION LANDS PURSUANT TO BIDS PREVIOUSLY ACCEPTED
WHEREAS, the City Council has previously accepted the bid of $4,114.00 from Lyle Lingenfelter to lease land near the transfer station site and the bid of $1,143.00 from Trenton Tarr to lease land near the lagoon.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, AS FOLLOWS:
Section 1. The Haying Lease attached hereto as “Exhibit I” is hereby approved for the lease with Trenton Tarr.
Section 2. The Farm Lease attached hereto as “Exhibit II” is hereby approved for the lease with Lyle Lingenfelter.
Section 3. The Mayor is hereby authorized to execute Exhibit I and Exhibit II on behalf of the City of Plainview.
Section 4. That all resolutions or parts of resolutions in conflict be and are hereby repealed.
Council member Born seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Anderson, Born, Janovec and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #680 is passed and adopted.
Discussion on a possible appointment of special prosecutor for Ordinance violations will be tabled until next month.
Born moved to adjourn the meeting. Janovec seconded. Motion carried 4-0
TIME: 8:31 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 4/9/2024; 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
15612
Western Oil Inc
Fuel
503.29
15613
Bizco Inc
Equip
11,929.28
15614
CDS Inspections & Beyond
Svc
425.00
15615
Street Improvement
Street Assessment Pmt
2,288.30
15616
Postmaster
Postage
30.45
15617
Little Detroit Body Shop
Svc
185.00
15618
Midwest Bank
Qtrly Loan Pmt
4,293.76
15619
Precision IT
Svc
79.20
15620
Hollman Media
Svc
28.75
15621
Verizon Wireless
Cellphones
428.06
15622
Osmond Mini Mart
Fuel
480.00
15624
Street Improvement
Street Assessment Pmt
3,215.32
15625
City of Plainview
RBDG Loan Pmt
346.43
15626
City of Plainview
IRP Loan Pmt
381.07
15627
Street Improvement
Street Assessment Pmt
220.00
15628
Street Improvement
Street Assessment Pmt
13,729.80
15629
Postmaster
Postage
30.65
15630
MASA
Emp Ins
126.00
15631
Plainview News
Ads/Legals/Su
1,129.83
15632
Madison Co Bank
Qtrly Loan Pmt
7,426.09
15633
City of Plainview
Pool Sales Tax
6,405.88
15634
City of Plainview
Library Sales Tax
4,270.58
15635
City of Plainview
Manor Sales Tax
4,270.58
15636
City of Plainview
Eco Dev Sales Tax
4,270.58
15637
Consolidated Electrical Distributor
Su
719.82
15638
Post Prom Committee
Donation- Michael Foods
200.00
15639
Police Chiefs Associations of Nebraska
Membership Dues
60.00
15640
POAN
Membership Dues
60.00
15641
Postmaster
Postage
34.75
15642
New York Life
Emp Ins
92.20
15643
Midwest Bank
Emp HSA March
890.00
15645
Postmaster
Postage
31.70
25109
Thru
25117
City Employees
Payroll 3-15-2024
19,131.42
25118
Thru
25121
City Employees
Payroll 3-29-2024
15,863.13
25122
Aflac
Emp Ins
429.30
25123
Akrs Equipment Solutions Inc
Su
23.80
25124
Altwine Hardware & Home LLC
Su
169.14
25125
Auto Value- Norfolk
Su
426.34
25126
Billy Goat Guns
Su- Ammunition
575.00
25127
Bob Smith
Reim- Mileage/Parking
242.93
25128
Bud’s Sanitary Service LLC
Svc
5,517.00
25129
Casey’s Business MasterCard
Fuel
260.91
25130
City of Plainview C&D Sinking Fund
Pmt
2,000.00
25131
City of Plainview Osm/Plv Housing
Housing Pmt
50.60
25132
Classic Rentals
Su
271.23
25133
CNH Industrial Retail Accts
Su
294.71
25134
Complete Pest Elimination Inc
Svc- Mosquito Control
6,160.00
25135
Creative Concepts
Ads-HandiVan
139.50
25136
Curt Hart
Reim- Meals
8.75
25137
Donna Christiansen
Reim- Su
92.53
25138
Eakes Office Solutions
Copier Contract
296.39
25139
Floor Maintenance
Su
71.95
25140
Hollman Media
Svc
75.00
25141
Hometown Leasing
Copier Lease
321.49
25142
Independent Pest Management
Svc
140.00
25143
Ingram Library Services
Books/Audiobooks
710.21
25144
Jarecki Sharp & Petersen PC LLO
Legal Fees
800.00
25145
Kayci Daudt
Intern Pay- Library
40.00
25146
LP Gill Inc
Svc
7,480.60
25147
MacQueen Equipment
Su
742.62
25148
Matheson Tri-Gas Inc
Svc/Su
123.73
25149
Metering & Technology Solutions
Equip
3,165.25
25150
Mitch’s Food Center
Su
77.95
25151
Municipal Chemical Supply LLC
Su
175.00
25152
NE Public Health Env Lab
Water Samples
512.00
25153
One Cal Concepts Inc
Qtrly Locate Fees
48.22
25154
Pierce Broadband Networks
Svc
56.22
25155
Plainview Public Schools
Liquor License Fees
550.00
25156
Plainview Rural Fire Protection Dist
Qtrly Pmt
5,500.00
25157
Plainview Telephone Co Inc
Svc
972.86
25158
PowerManager
Svc
205.32
25159
Precision IT
Svc
79.20
25160
S&S Express LLC
Repairs
3,492.29
25161
Schaefer Grain Co
Scale Tickets
408.00
25162
Stan Houston Equipment Co Inc
Su
407.80
25163
Steinkraus Service
Fuel/Su
2,565.60
25164
Tamela Korth
Reim-Su
375.52
25165
Troy Johnston
Reim- Meals
11.01
25166
Truck Center Companies
Su
123.01
ACH
Allied Benefit Services
Emp Health Ins
14,956.30
ACH
Black Hills Energy
Svc
1,126.10
ACH
Clover Merchant Bankcard
CC Processing Fees
816.45
ACH
Crashplan Pro
Svc
9.99
ACH
EFTPS
Fed W/H Tax
5,337.51
ACH
EFTPS
Fed W/H Tax
4,838.35
ACH
Empower Retirement
Pension
1,739.31
ACH
Empower Retirement
Pension
1,739.31
ACH
First Data Merchant Svcs
Credit Card Machine
26.75
ACH
Dearborn Life Ins Co
Emp Ins
54.00
ACH
Healthplan Svcs Inc
Emp Vision Ins
17.10
ACH
Midwest Bank
Merch Svc
50.00
ACH
Nebraska CLASS
Transfer
3,674.06
ACH
NE Dept of Revenue
State W/H Tax
1,573.77
ACH
NE Dept of Revenue
Sales & Use Tax
1,347.35
ACH
Office Max
Su
272.37
ACH
Street Improvement
Transfer from General
124,094.39
ACH
USPS
Postage
303.16
ACH
Zoom Video Comm Inc
Svc
17.11
IRP FUND ACCOUNT
1053
USDA
Loan Pmt 2024
17,614.99
1001
Medical Esthetics
Loan
77,000.00
1002
Medical Esthetics
Loan
23,000.00
STREET IMPROVEMENT ACCOUNT
ACH
DTCC
Bond Wire
5,188.75
ACH
Midwest Bank
Wire Fee
15.00
ACH
DTCC
Bond Wire
607,106.67
ACH
Midwest Bank
Wire Fee
30.00
PLAINVIEW/OSMOND HOUSING ACCOUNT
1034
Pierce Co Register of Deeds
Filing Fees
20.00