REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, FEBRUARY 11, 2025
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 February at 6:30 o’clock P.M.
Roll call was held and present were: Mayor Smith; Council Members: Born, Janovec, and Doty Absent: Sanne
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 meeting minutes from January 14th. Doty seconded the motion. Motion carried 3-0.
Janovec moved to approve claims and payroll. Doty seconded the motion. Motion carried 3-0.
Juleen Johnson reported on staffing updates and gave an overview of the State Auditor’s report. Johnson stated that an investigation was conducted concerning the payment of bonuses to the Manor Administrator, use of funds to purchase alcohol for residents, memorials for funerals of residents and gifts for employees. Longevity pay for employees will be allowed.
Police Chief Hallock stated that there were 3 nuisance properties served since the last meeting and there will be an active shooter table top training on April 10th at the Plainview Firehall. Officer Funston will be attending training in March and May to be certified as a firearms instructor.
There were no new updates for Economic Development.
City Administrator Tarr reported that the city crew has repaired the water leak next to the library in January.
No City Attorney report was given.
Two architect firms presented on plans for possible renovations and/or additions at the Plainview Manor.
Jim Brisnehan and Todd Havranek of CMBA Architects of Grand Island presented on different options involving additions to the existing building and a separate facility for assisted living. Costs for the project will vary based on what is planned but could be between $2 to $4 million.
Tim Ripp and Stacy Spale of Clark & Enersen Architects of Lincoln gave an overview of their firms past and current projects along with the process that they go through when a new project is started. Projected costs for expansion and renovation could be between $3.5 to $4.5 million dependent on adding a basement level.
The Manor Board will review the information given at their next board meeting.
Donna Christiansen, Library Director, presented the 2024 Annual Library Report.
Ordinance #1006 for League Model Ordinances was reviewed. City Attorney Petersen stated that all the updates provided will need to be added to the City of Plainview Code of Ordinances. A formal Ordinance will be adopted at the March council meeting.
Born moved to approve the advertisement for bids to hay the lagoon and transfer station. Doty seconded the motion. Motion carried 3-0.
Born moved to amend Resolution #715 to update the date of the auction to April 8, 2025. Janovec seconded the motion. Motion carried 3-0.
Council member Born introduced the following resolution and moved for its adoption:
RESOLUTION #715
A RESOLUTION TO AUTHORIZE THE SALE OF REAL ESTATE OWNED BY THE CITY OF PLAINVIEW LOCATED AT 222 E. LOCUST AVENUE IN PLAINVIEW VIA PUBLIC AUCTION
WHEREAS, the City of Plainview is the owner of real estate located at 222 E. Locust Avenue in Plainview and legally described as follows (hereinafter the “City Real Estate”):
Lot 1 and 2, Block 10, Pacific Townsite Company’s 1st Addition to Plainview, Pierce County, Nebraska.
WHEREAS, Neb. Rev. Stat. § 17-503 provides that the sale of real property owned by the City shall be exercised by resolution directing the sale of such property.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, AS FOLLOWS:
Section 1. The City of Plainview hereby directs the sale of the City Real Estate, specifically to sell the same at public auction held at the Plainview City Library on April 8, 2025. The buyer shall receive a quitclaim deed and shall pay all recording costs, documentary stamp taxes, and any other fee to record the deed. The buyer shall also pay all real estate taxes and shall accept the property “as is”.
Section 2. That notice of the proposed sale of property described above and the terms thereof shall be published once each week for three consecutive weeks in The Plainview News.
Section 3. That if within thirty days after the third publication of the notice a remonstrance petition against the sale of the City Real Estate is signed by registered voters of the City of Plainview equal in number to thirty percent of the registered voters of the City voting at the last regular municipal election held in the City and is filed with the City Clerk, the City Real Estate shall not then, nor within one year thereafter, be sold.
Section 4. That the Mayor is authorized to execute a purchase agreement with the winning bidder at the auction and an ordinance to confirm the sale shall be adopted prior to closing the agreement.
Section 5. 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; Doty, Born, Janovec Nay: None. Whereupon the Mayor declared said motion carried and Resolution #715 is passed and adopted.
Born moved to accept the Warranty Deed from Jeff Ratliff in satisfaction of abatement/unsafe building charges against the property at 107 W Locust Avenue. Doty seconded the motion. Motion carried 3-0.
City Clerk Retzlaff reported that Wanda Backus had returned the check received from LB840 for the loan approved for an ice cream machine. The check was never cashed and no ice cream machine will be purchased. Born moved to waive interest for the LB840 Loan to J’s Place in consideration of cancellation of the loan. Janovec seconded the motion. Motion carried 3-0.
City Attorney Petersen reported that an agreement with counsel for Toni Hart was received. The City would not be paid any interest due but would also avoid any future court costs. Born moved to approve the settlement agreement in Plainview vs. Hart, whereby the subject real estate would be listed for sale with a realtor and the City would be reimbursed $24,973.63 from the proceeds of the sale in exchange for the dismissal of its lawsuit and a release of its trust deed. Doty seconded the motion. Motion carried 3-0.
Ordinance #1007 to Abolish the Manor Board was presented to the council. A lengthy discussion was held with past and present members of the Manor Board expressing concerns on staff issues and respect for the Manor Administrator. Council member Born stated that if there were issues with the Manor Board, to please come to the council. City Clerk Retzlaff addressed concerns on the late addition of the Ordinance to agenda, which did not allow for adequate notice to the council, Manor Board and general public. City Attorney Petersen stated that since 3/4 vote by the council is necessary to waive the second and third readings, it would be in the best interest to table the Ordinance until the full council is present. Born moved to table Ordinance #1007. Doty seconded the motion. Motion carried 3-0.
Born tabled recommendations to the Manor Board regarding Administrator contract negotiations and job performance. Janovec seconded the motion. Motion carried 3-0.
No council comments.
Public comments were received from a current Manor employee who stated that he follows the rules given and listens to the Manor Administrator.
At 8:17 PM Born moved to go into executive session for evaluation of the Manor Administrator job performance. Doty seconded the motion. Motion carried 3-0.
At 9:01 PM, Born moved to come out of executive session. Janovec seconded the motion. Motion carried 3-0.
Born moved to adjourn the meeting. Doty seconded. Motion carried 3-0
TIME: 9:03 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 2/11/2025; 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
15847
Midwest Bank
Emp HSA Jan-June
15,000.00
15848
Plainview Ballbackers LLC
Donation- PBCF
1,000.00
15849
Postmaster
Postage
32.80
15850
Western Oil Inc
Fuel
482.69
15851
Street Improvement
Assessment Pmts
13,395.68
15852
Allo Business
Svc
97.20
15853
Agland Electric Motor Service
Svc
2,204.96
15854
Hoffart Repair
Svc
266.95
15855
Verizon Wireless
Cellphones
468.84
15856
Jeremy Tarr
Reim
224.41
15857
NCPPD
Svc
10,490.51
15858
Midwest Bank
Donation- Jr Pirate Branch
300.00
15859
Pierce Co Treasurer
Pmt- 222 E Locust Ave
1,444.37
15860
MASA
Emp Ins
140.00
15861
City of Plainview
IRP Loan Pmt
381.07
15862
City of Plainview
RBDG Loan Pmt
346.43
15863
West Hodson Lumber
Su
2,539.33
15864
City of Plainview
Pool Sales Tax
7,379.47
15865
City of Plainview
Library Sales Tax
4,919.64
15866
City of Plainview
Manor Sales Tax
4,919.64
15867
City of Plainview
Eco Dev Sales Tax
4,919.64
15868
Verizon Wireless
Cellphones
469.09
15870
Postmaster
Postage
36.95
15871
Midwest Bank
Emp HSA January
881.00
15872
New York Life
Emp Ins
92.20
25821
THRU
25823
City Employees
Payroll 1-15-2025
23,574.70
25824
THRU
25827
City Employees
Payroll 1-30-2025
20,273.37
25828
Aflac
Emp Ins
286.94
25829
Akrs Equipment Solutions Inc
Su
51.76
25830
Alby’s Electric
Svc
3,843.84
25831
Allstar Parts LLC
Su
179.45
25832
Altwine Electric Motors Inc
Generator
9,566.70
25833
American Legal Publishing Corp
Su
220.00
25834
Auto Value- Norfolk
Su
100.66
25835
Baum Hydraulics Corp
Su
181.02
25836
Bob Smith
Reim
317.94
25837
Bomgaars
Su
246.14
25838
Bud’s Sanitary Service LLC
Svc
5,517.00
25839
Casey’s Business MasterCard
Fuel
142.69
25840
Chad’s Tire Service
Svc
58.14
25841
Cintas
Su
47.25
25842
City of Plainview
IRP Loan Pmt
191.73
25843
City of Plainview Housing Auth
Housing Loan Pmt
100.00
25844
City of Plainview Plv/Osm Housing
Housing Loan Pmt
50.60
25845
Classic Rentals
Su
237.08
25846
Complete Pest Elimination Inc
Mosquito Control 2025
5,852.00
25847
Eakes Office Solutions
Copier Contract
222.20
25848
Eckert’s Greenhouse
Su
42.37
25849
Elite Door LLC
Su
710.63
25850
Fairfield Inn & Suites
Hotel Rooms
279.90
25851
Hollman Media
Svc
75.00
25852
Hometown Leasing
Copier Leases
343.52
25853
Ingram Library Services
Books/Audiobooks
390.64
25854
Itron Inc
Svc
3,157.32
25855
Jack’s Uniforms & Equipment
Su
299.90
25856
James Rau
Reim
50.29
25857
Jarecki Sharp & Petersen PC LLO
Legal Fees
800.00
25858
LP Gill Inc
Svc
9,323.05
25859
Mahaska
Su
76.18
25860
Matheson Tri-Gas Inc
Su
76.64
25861
Miller & Associates Consulting Engineers
Engineering Fees
6,700.00
25862
NE Public Health Env Lab
Svc
254.00
25863
Nebraska Harvestore Systems Inc
Su
214.81
25864
NE Municipal Clerks Association
Membership Dues
100.00
25865
NMPP
Conf Registration Fees
200.00
25866
Nebraska.gov
Credit Card Machine
460.00
25867
NCPPD
Svc
10,229.18
25868
VOID
25869
Pierce Broadband Networks
Svc
56.64
25870
Pierce Co Clerk
General Election Fee
100.00
25871
Pitzer Digital
Subscription
47.00
25872
Plainview Chamber of Commerce
Dues
135.00
25873
Plainview News
Ads/Legals/Su
707.78
25874
Plainview Public Schools
Ord. Fees 2024
1,015.00
25875
Plainview Telephone Co
Svc
929.05
25876
POAN
Membership Dues
60.00
25877
Samuel Hof
Meter Deposit Refund
81.97
25878
Sargent Drilling
Svc
4,088.40
25879
Sweeper Parts Sales
Su
588.00
25880
USDA Rural Development
IRP Annual Loan Pmt
17,614.99
25881
Utilities Section
Conf Registration Fees
426.00
25882
Winsupply Norfolk NE Co
Su
72.40
25883
Workwise Compliance
Su
103.67
ACH
Aflac
Emp Ins
243.32
ACH
Allied Benefit Services
Emp Ins
15,624.01
ACH
Black Hills Energy
Svc
1,547.84
ACH
Clover Merchant Bankcard
Credit Card Processing Fees
690.39
ACH
Cobra Electronics
Su
256.69
ACH
Colonial Life Processing Center
Emp Ins
412.58
ACH
Crashplan Pro
Svc
9.99
ACH
EFTPS
Fed W/H Tax
7,046.96
ACH
EFTPS
Fed W/H Tax
5,931.82
ACH
Empower Retirement
Pension
2,140.78
ACH
Empower Retirement
Pension
2,140.78
ACH
First Data Merchant Services
Credit Card Machine
26.75
ACH
Dearborn Life Ins Co
Emp Ins
60.00
ACH
Francotyp- Postalia Inc
Postage
1,000.00
ACH
Healthplan Services Inc
Emp Ins
75.90
ACH
Midwest Bank
Merch Capture Svc
50.00
ACH
Midwest Bank
Stop Pmt
31.00
ACH
Midwest Bank
Stop Pmt
31.00
ACH
Midwest Bank
Stop Pmt
31.00
ACH
Midwest Bank
NSF Return
79.84
ACH
Nebraska CLASS
Gen Acct Interest
2,929.04
ACH
NE Dept of Revenue
State W/H Tax
2,080.06
ACH
NE Dept of Revenue
Sales & Use Tax
1,367.91
ACH
Office Max
Su
269.78
ACH
Synchrony Bank/Amazon
Su
67.38
ACH
USPS
Postage
322.56
ACH
Zoom Video Comm Inc
Svc
15.99
ECONOMIC DEVELOPMENT SALES TAX
ACH
Transfer to IRP Fund
Loan Match
36,275.00
IRP FUND
1004
3rd & Bell Custom Woodcraft
Loan
26,507.00
1005
Curtiss and Scott Law LLC
Loan
100,000.00
1006
Curtiss and Scott Law LLC
Loan
30,000.00