REGULAR MEETING OF THE CITY COUNCIL
MONDAY, MAY 13, 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 13th day of May 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 April 9th. Anderson seconded the motion. Motion carried 4-0.
Sanne moved to approve claims and payroll. Janovec seconded the motion. Motion carried 4-0.
Steve Placke of Lutz presented the Plainview Manor FY 2023 Audit to the council. Placke discussed Medicaid and Medicare rates and how they affect the overall financial position of the facility.
City Attorney Petersen stated that he had talked to County Attorney Lohrberg about handling Ordinance violations in court for the City. Lohrberg will not be take on this service for the City. The deed to the former auto parts store was received and the City of Plainview is now the owner of the property.
Manor Administrator Juleen Johnson gave updates on the walk in cooler/freezer installation and events for Nursing Home Week occurring this week.
Police Chief Hallock gave the monthly report for the department. They have been busy with juvenile cases, weed abatements and nuisance letters.
No Economic Development report was given.
City Administrator Tarr reported that City workers are preparing for the upcoming summer events.
At 7:16 PM Mayor Smith opened the public hearing for a Special Use Permit for a daycare at 110 N Plum Street
City Administrator Tarr stated that Jesica Woockman would like to open an in home daycare at her residence. The State of Nebraska requires the City to approve the daycare prior to the issuance of a license. The zoning board had met and recommended the SUP be approved.
Born moved to close the public hearing at 7:18 PM. Sanne seconded the motion. Motion carried 4-0.
Sanne moved to approve the Special Use Permit for a daycare at 110 N Plum Street. Born seconded the motion. Motion carried 4-0.
Dennis Johnson of Bush & Roe gave the annual general insurance update for the City of Plainview.
Born moved to approve a wage increase to $13 per hour for Rex Dummer to match the wages of the other seasonal park workers. Janovec seconded the motion. Motion carried 4-0.
Council member Born introduced the following resolution and moved for its adoption:
RESOLUTION #701
WHEREAS, the Mayor and City of Plainview deem it necessary that the numbering of Resolutions need to be updated to keep the official records of the City of Plainview correct
NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, THAT:
Resolution #679 passed on April 9, 2024 shall be changed to Resolution #699
Resolution #680 passed on April 9, 2024 shall be changed to Resolution #700
Council member Sanne 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 #701 is passed and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #702
A RESOLUTION TO AUTHORIZE THE MAYOR TO RELEASE A MORTGAGE FILED AS INSTRUMENT #202001156 ON AUGUST 17, 2020, WITH THE PIERCE COUNTY REGISTER OF DEEDS, AND TO FILE A TERMINATION STATEMENT FOR A FINANCING STATEMENT FILED AS DOCUMENT #2008001090-6 WITH THE NEBRASKA SECRETARY OF STATE
WHEREAS, the City of Plainview is the mortgagee of a mortgage (hereinafter the “Mortgage”) recorded as Instrument #202001156 on August 17, 2020, with the Pierce County Register of Deeds, and indexed against the following real estate:
Lot 15, Block 5, Original Town of Plainview, Pierce County, Nebraska;
WHEREAS, the City of Plainview is the secured party under a financing statement (hereinafter the “Financing Statement”) filed as Document #2008001090-6 on August 31, 2020, with the Nebraska Secretary of State; and
WHEREAS, the indebtedness secured by the Mortgage and Financing Statement has been satisfied.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, AS FOLLOWS:
Section 1. The Mayor is authorized to execute a release of the Mortgage and the City Attorney is authorized to file a termination statement for the Financing Statement.
Section 2. 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 #702 is passed and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #703
A RESOLUTION TO AUTHORIZE THE SALE OF REAL ESTATE OWNED BY THE CITY OF PLAINVIEW LOCATED AT 202 S. 1ST STREET IN PLAINVIEW TO MICHAEL AND NANCY NAPRSTEK FOR $625
WHEREAS, the City of Plainview is the owner of real estate located at 105 S. Maple Street in Plainview and legally described as follows (hereinafter the “City Real Estate”):
Lots 31 and 32 of Block 12, Pacific Townsite Company’s Addition to Plainview, Pierce County, Nebraska.
WHEREAS, Neb. Rev. Stat. § 17-503.01 provides that the sale of real property owned by the Village for less than $5,000.00 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 to Michael and Nancy Naprstek for $625.00.
Section 2. The buyer under Section 1 shall receive a warranty deed and shall pay all recording costs, documentary stamp taxes, and any other fee to record the deed.
Section 3. Notice of the proposed sale of property described above and the terms thereof shall be posted in three prominent places within the City for a period of not less than seven days prior to the sale of the property and said notice gave a general description of the property offered for sale and stated the terms and conditions of the sale.
Section 4. 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 and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #703 is passed and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #704
A RESOLUTION TO AUTHORIZE THE SALE OF REAL ESTATE OWNED BY THE CITY OF PLAINVIEW LOCATED AT 304 E. WOODLAND AVENUE IN PLAINVIEW TO JOHN AND RACHEL TORREY FOR $5,000
WHEREAS, the City of Plainview is the owner of real estate located at 304 E. Woodland Avenue in Plainview and legally described as follows (hereinafter the “City Real Estate”):
Lot 12, Block 6, Peed’s Second 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 to John and Rachel Torrey for $5,000. The buyer shall receive a warranty deed and shall pay all recording costs, documentary stamp taxes, and any other fee to record the deed.
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 buyers specified in Section 1 that gives the buyers immediate possession of the City Real Estate. A condition precedent to the City’s performance under the agreement shall be the passing of the remonstrance period set forth in Section 3 without a sufficient petition to stop the sale.
Section 5. 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 #704 is passed and adopted.
Motion was made by Sanne and seconded by Born to waive the second and third readings of Ordinance No. 997. 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. 997 waived.
Motion was made by Born and seconded by Janovec to approve Ordinance No. 997. 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. 997 approved.
ORDINANCE NO. 997
AN ORDINANCE TO VACATE AN ALLEY IN BETWEEN LOTS 1-3 AND LOTS 10-12, BLOCK 9, COLLEGE ADDITION TO THE CITY OF PLAINVIEW, PIERCE COUNTY, NEBRASKA
Discussion on Ordinance #994 to Amend Definition of Dangerous Dogs will be tabled until June at the request of City Attorney Petersen.
Police Chief Hallock requested a $3 per hour raise for Officer Andrew Funston as he has been certified for over a year. Hallock stated that Funston has done a great job in the short time he has been employed and would like to make sure we retain him. Born moved to approve the wage increase from $20.67 to $23.67 for Andrew Funston. Sanne seconded the motion. Motion carried 4-0.
City Administrator Tarr recommended the hire of Kyle Hilpipre for a full-time maintenance position. Born moved to approve the hire. Anderson seconded. Motion carried 4-0.
City Administrator Tarr recommended a starting wage of $19 per hour for Kyle Hilpipre. Born moved to approve the wage for Hilpipre. Sanne seconded the motion. Motion carried 4-0.
Discussion was held on a contract from Five Rule Planning for the 2024 NAHTF Application that was submitted May 9th. Council will table until June as there are questions regarding the contract.
Discussion was held on holding budget workshops beginning in June or early July for fiscal year 2024/2025.
Janovec moved to adjourn the meeting. Anderson seconded. Motion carried 4-0
TIME: 7:59 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 5/13/2024; 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
15644
Hidden River Systems Inc
Equip- Lagoons
4,390.00
15645
Postmaster
Postage
31.70
15646
AMGL
FY2023 Audit and 1099 Filing
13,700.00
15647
Western Oil Inc
Fuel
210.28
15648
UNL Extension
Charcuterie Class- Library
360.00
15650
City of Plainview Housing Auth
Housing Loan Pmt
100.00
15651
Plainview News
Ads/Legals/Su
881.23
15652
NCPPD
Svc
8,621.72
15653
Verizon Wireless
Cellphones
428.19
15654
Plainview Rural Fire Protection Dist
Qtrly Pmt
5,500.00
15655
Plainview Public Schools
Ad- Yearbook
50.00
15656
Bob Smith
Reim
238.14
15657
Plainview Chamber of Commerce
Klown Kash- HandiVan Week
100.00
15658
City of Plainview
RBDG Loan Pmt
346.43
15659
City of Plainview
IRP Loan Pmt
381.07
15660
City of Plainview
Pool Sales Tax
5,357.29
15661
City of Plainview
Library Sales Tax
3,571.53
15662
City of Plainview
Manor Sales Tax
3,571.53
15663
City of Plainview
Eco Dev Sales Tax
3,571.53
15664
Postmaster
Postage
31.70
15665
Steinkraus Service
Fuel/Flat Repair/Su
3,089.00
15666
Midwest Bank
Emp HSA April
890.00
15667
Plainview Public Schools
Donation- Michael Foods
2,416.00
15668
New York Life
Emp Ins
92.20
15669
MASA
Emp Ins
126.00
25167
THRU
25169
City Employees
Payroll 4-15-2024
18,090.61
25170
THRU
25172
City Employees
Payroll 4-30-2024
16,638.67
25173
Aflac
Emp Ins
429.30
25174
Akrs Equipment Solutions Inc
Su
520.53
25175
Altwine Hardware & Home LLC
Su
484.83
25176
Auto Value- Norfolk
Su
171.02
25177
Bazile Aggregate Co LLC
Sand
86.16
25178
Bomgaars
Su
24.98
25179
Bud’s Sanitary Service LLC
Svc
5,517.00
25180
Bush & Roe Inc
1/2 Pmt Insurance
48,978.00
25181
Casey’s Business MasterCard
Fuel
140.54
25182
City of Plainview C&D Sinking Fund
Pmt
2,000.00
25183
City of Plainview Housing Auth
Housing Loan Pmt
100.00
25184
City of Plainview Plv/Osm Housing
Housing Loan Pmt
50.60
25185
Classic Rentals
Su
330.93
25186
Dd Steel LLC
Su
141.31
25187
Donna Christiansen
Reim
143.87
25188
Eakes Office Solutions
Copier Contract
115.68
25189
Floor Maintenance
Su
209.20
25190
Hollman Media
Svc
150.00
25191
Hometown Leasing
Copier Leases
321.49
25192
Ingram Library Services
Books/Audiobooks
627.37
25193
Jack’s Uniforms & Equipment
Su
140.40
25194
Jarecki Sharp & Petersen PC LLO
Legal Fees
800.00
25195
Kayci Daudt
Intern Pay Library
60.00
25196
LP Gill Inc
Svc
9,469.16
25197
Little Detroit Body Shop
Repair
185.00
25198
Lorenz Automotive
Su
142.48
25199
Mahaska
Su
125.00
25200
Mark’s
Su
119.26
25201
Matheson Tri-Gas Inc
Su
40.77
25202
Mitch’s Food Center
Su
1,348.81
25203
Municipal Supply Inc of Omaha
Su
429.12
25204
NDEE- Operator Certification Program
WW Renewal- T Johnston
150.00
25205
Nebraska Environmental Products
Su
371.06
25206
Nebraska Harvestore Systems Inc
Su
172.67
25207
NCPPD
Svc
8,191.10
25208
VOID
25209
Personnel Concepts
Su
930.88
25210
Pierce Broadband Networks
Svc
56.22
25211
Plainview Telephone Co Inc
Svc
982.11
25212
Precision IT
Svc
79.20
25213
Schaefer Grain Co
Scale Tickets
339.00
25214
Stan Houston Equipment Co Inc
Equip Rental
3,215.00
25215
Steinkraus Service
Fuel/Repairs/Su
3,631.85
25216
Tamela Korth
Reim
280.25
25217
Truck Center Companies
Su
265.29
25218
Uline
Picnic Table- Park
1,325.33
25219
Volkman
Svc
426.00
25220
West Hodson Lumber
Su
419.25
25221
Western Oil Inc
Fuel
518.87
25222
Wragge Construction
Svc- Chilvers Park
5,121.90
ACH
Allied Benefit Services
Emp Health Ins
14,956.30
ACH
Black Hills Energy
Svc
988.94
ACH
Black Hills Energy
Svc
134.56
ACH
Clover Merchant Bankcard
Credit Card Processing Fees
868.57
ACH
Crashplan Pro
Svc
9.99
ACH
Deluxe Business Checks
Checks- Gen Acct
239.47
ACH
EFTPS
Fed W/H Tax
5,379.35
ACH
EFTPS
Fed W/H Tax
5,078.57
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 Services Inc
Emp Ins
87.60
ACH
Midwest Bank
Stop Pmt
31.00
ACH
Midwest Bank
Merchant Capture Svc
50.00
ACH
Nebraska CLASS
Transfer- Gen Acct Interest
3,585.52
ACH
NE Dept of Revenue
State W/H Tax
1,379.93
ACH
NE Dept of Revenue
Sales & Use Tax
1,534.02
ACH
Postmaster
Postage
8.11
ACH
USPS
Postage
303.16
ACH
USPS
Postage
19.05
ACH
Zoom Video Comm Ink
Svc
17.11
ECONOMIC DEVELOPMENT SALES TAX
1295
City of Plainview
Reim- Legal Fee
6.55
DTR GRANT FUND
1040
Tri City Signs
Grant
4,111.74
1041
Tri City Signs
Grant
7,080.00
1042
NENEDD
Grant
480.00
PLAINVIEW HOUSING AUTHORITY
1039
Jarecki Sharp & Petersen
Filing Fees
24.73
KENO ACCOUNT
1181
City of Plainview
Grant
1,000.00
1182
Plainview Social Center
Grant
1,000.00
1183
Plainview Cross Country
Grant
1,000.00