REGULAR MEETING OF THE CITY COUNCIL
MONDAY, NOVEMBER 13, 2023
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 November 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.
Jeremy Tarr was present as City Administrator
Courtney Retzlaff was present as City Clerk.
Janovec moved to approve the regular meeting minutes from October 10th. Anderson seconded the motion. Motion carried 4-0.
Sanne moved to approve claims and payroll. Anderson seconded the motion. Motion carried 4-0.
Mayor Smith presented the Manor report and stated that the switch to the new insurance coverage for Manor employees has started.
Police Chief Hallock reported that the new radars have been ordered and should be here in a month. Questions about the LiDar speed radar were answered.
Economic Development Director Susan Norris presented updates on new housing development funding, child care surveys, the recent hotel study results and ripple mapping results.
At 6:40 PM Mayor Smith opened the Public Hearing for the LB840 Six Month Review
Susan Norris reported that the board had approved a sign grant in the amount of $1,000 for Altwine Hardware & Home and also recommended the approval of an IRP loan for Medical Esthetics.
At 6:42 PM Sanne moved to close the public hearing. Janovec seconded the motion. Motion carried 4-0.
At 6:50 PM Mayor Smith opened the Public Hearing for the One and Six Year Street Improvement Plan
Bernie Straetker of Miller & Associates was present to speak about the proposed One and Six Year Street Improvement Plan. Straetker stated that adopting the One and Six is a requirement to receive Highway Allocation funding from the State of Nebraska. In 2023 Plainview received $216,600.70 and in 2024 is projected to receive $226,484.00. The City also currently has an LMI of 44.5% which is below the 51% necessary to receive CDBG funding for improvements.
City Administrator Tarr discussed the proposed changes to the One and Six based off of comments received from the public in October.
Sanne moved to close the public hearing at 7:02 PM. Born seconded the motion. Motion carried 4-0.
The council will vote on a Resolution to adopt the One and Six Improvement plan in December.
City Administrator Tarr presented the City Superintendent report.
Andrea Larson and Grace Peterson from NENEDD were present to discuss the request for an extension on the 20-DTR-005 grant contract which is set to expire November 20, 2023.
Council member Janovec introduced the following resolution and moved for its adoption:
RESOLUTION #690
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF PLAINVIEW, NEBRASKA, APPROVING A CONTRACT EXTENSION REQUEST TO THE NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT TO EXTEND THE CONTRACT COMPLETION DATE TO MAY 20, 2024, FOR THE DOWNTOWN REVITALIZATION GRANT INVOLVING COMMERCIAL REHABILITATION (PROJECT NO. 20-DTR-005).
WHEREAS, the City of Plainview, Nebraska, received $435,000 for CDBG Downtown Revitalization Development activities which include $25,000 for general administration, $10,000 for construction management, $380,000 for commercial rehabilitation, and $20,000 for clearance/demolition; and
WHEREAS, the City of Plainview, Nebraska, had a contract completion date of November 20, 2023, but will need an additional six months to complete the commercial rehabilitation portion of the grant.
NOW, THEREFORE, BET IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, the request to the Nebraska Department of Economic Development to extend the contract completion date for the commercial rehabilitation portion of Community Development Block Grant (Project No. 20-DTR-005) to May 20, 2024, is hereby approved.
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, Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #690 is passed and adopted.
Council member Janovec introduced the following resolution and moved for its adoption:
RESOLUTION #687
SIGNING OF THE
YEAR-END CERTIFICATION OF CITY STREET SUPERINTENDENT
2023
Whereas: State of Nebraska Statues, sections 39-2302, and 39-2511 through 39-2515 details the requirements that must be met in order for a municipality to qualify for an annual Inventive Payment; and
Whereas: The State of Nebraska Department of Transportation (NDOT) requires that each incorporated municipality must annually certify (by December 31st of each year) the appointment of the City Street Superintendent(s) to the NDOT using the Year-End Certification of City Street Superintendent form; and
Whereas: The NDOT requires that each certification shall also include a copy of the documentation of the city street superintendent’s appointment i.e., meeting minutes; showing the appointment of the City Street Superintendent by their name as it appears on their License(if applicable), their License Number (if applicable), and Class of License (if applicable),and type of appointment, i.e. employed, contract (consultant, or interlocal agreement with another incorporated municipality and/or county), and the beginning date of the appointment; and
Whereas: The NDOT also requires that such Year-End Certification of City Street Superintendent form shall be signed by the Mayor or Village Board Chairperson and shall include a copy a resolution of the governing body authorizing the signing of the Year-End Certification of City Street Superintendent form by the Mayor or Village Board Chairperson.
Be it resolved that the Mayor of Plainview is hereby authorized to sign the attached Year-End Certification of City Street Superintendent completed form(s).
Council member Anderson seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Anderson, Born, Janovec, Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #687 is passed and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #688
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, DECLARING ITS INTENT TO LEVY SPECIAL ASSESSMENTS AGAINST PROPERTY IN STREET IMPROVEMENT PROJECT NOS. 2021-5, 2021-7, AND 2021-9 OF THE CITY AND GIVING NOTICE OF A PUBLIC HEARING WITH REGARD TO THE SAME.
WHEREAS, the City has previously established by ordinance Street Improvement Project Nos. 2021-5, 2021-7, and 2021-9 of the City; and
WHEREAS, the City has constructed paving and other related improvement to complete said Projects; and
WHEREAS, to pay the costs of such improvements, the City intends to levy special assessments against the property specifically benefitted by the improvements in said Projects in accordance with Neb. Rev. Stat. § 17-524;
NOW THEREFORE, BE IT RESOLVED by the City of Plainview, that at a meeting to be held at 6:30 p.m. on the 2nd day of January, 2024, the City will consider and adopt a levy of special assessments in Street Improvement Project No. 2021-5, in Street Improvement Project No. 2021-7, and in Street Improvement Project No. 2021-9; and
BE IT FURTHER RESOLVED that the proposed levy of special assessments on the parcels contained in above-referenced Street Improvement Projects shall be available in the office of the City Clerk for review by property owners subject to such potential special assessments; and
BE IT FURTHER RESOLVED that at said meeting a public hearing shall be held with regard to each of said Street Improvement Projects, at which time members of the public, including specifically property owners and others with an interest in the real property included in each said Street Improvement Project may be heard with regard to the proposed levy of special assessments; and
BE IT FURTHER RESOLVED that the City Clerk shall give notice of the time of said meeting and the purpose for which it is held by publishing the notice attached hereto as Exhibit A in a legal newspaper in or of general circulation in the City at least four weeks before the meeting is held or by completing personal service of said notice at least four weeks before the meeting upon the persons owning or occupying the property to be levied; and
BE IT FINALLY RESOLVED that after said public hearing, the Council shall by resolution, and taking into account the benefits derived or injuries sustained in consequence of such improvements, levy special assessments against the properties located in each of said Projects with the amount of the special assessment against each parcel and the vote of the members of the Council recorded in the Minutes of the Council.
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, Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #688 is passed and adopted.
Aaron Bos of Nebraska CLASS was present to speak to the council about the program and the advantages of investing with them.
Council member Janovec introduced the following resolution and moved for its adoption:
RESOLUTION #689
WHEREAS, Neb. Const. art. XV, § 18(1) authorizes local government entities to exercise their powers and functions, including financing, jointly or in cooperation with other governmental entities and Nebraska law express allows public agencies to invest surplus or excess funds;
WHEREAS, Neb. Rev. Stat. § 13-804 authorizes public agencies to enter into interlocal agreements in order for such agencies to take joint or cooperative action;
WHEREAS, the Nebraska Cooperative Liquid Assets Securities System Trust (“Nebraska CLASS Trust”) has been formed pursuant to the provisions of the Interlocal Cooperation Act, Neb. Rev. Stat. §§ 13-801 to 13-827;
WHEREAS, the Declaration of Trust and Interlocal Agreement and an Information Statement relating to the Nebraska CLASS Trust have been presented to this Governing Body;
WHEREAS, the Declaration of Trust authorizes public agencies to adopt and enter into the Declaration of Trust and become Participants of such trust;
WHEREAS, this Governing Body deems it advisable for this Public Agency to adopt and enter into the Declaration of Trust and become a participant of the Nebraska CLASS Trust for the purpose of the joint investment of this Public Agency’s money with those other public agencies so as to enhance the investment earnings accruing to each such public agency,
NOW THEREFORE, be it resolved as follows:
This Public Agency shall and does hereby join with other Nebraska public agencies in accordance with the provisions of Nebraska law and in accordance with the Interlocal Cooperative Act, as applicable, by becoming a Participant of the Nebraska CLASS Trust, and the Declaration of Trust and Interlocal Agreement, as amended from time to time, is hereby adopted by this reference with the same effect as if it had been set out verbatim in this Resolution. A copy of the Declaration of Trust is attached hereto and incorporated herein by this reference and shall be filed with the minutes of the meeting at which this Resolution was adopted.
The Trustees of the Nebraska CLASS Trust are hereby designated as having official custody of this Public Agency’s monies which are invested in accordance with the Declaration of Trust.
Authorization is hereby given for members of this Governing Body and officials of this Public Agency to serve as Trustees of the Nebraska CLASS Trust from time to time if elected as such pursuant to the Declaration of Trust.
The Key Contact and Authorized Signatories are those persons listed on the Trust Registration Form attached hereto and incorporated herein. The Authorized Signatories are authorized by the Participant to direct the investment of such Participants’ investment funds and to take all such actions deemed necessary or desirable to carry out the activities otherwise authorized by this Resolution, subject to the Authorized Signatories’ obligation to take such actions only in the name of and for the benefit of this Participant.
The Key Contact and Authorized Signatories may be changed from time to time by written notice to Nebraska CLASS.
All resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution being the same are hereby rescinded.
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, Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #689 is passed and adopted.
Janovec moved to approve 20-TFRH-35023 Drawdown #11 in the amount of $76.93. Sanne seconded the motion. Motion carried 4-0.
Discussion was held on the LB840 board’s recommendation to change the IRP loan documents for the City in regards to loan interest rates. Currently it is set at prime plus one and the board would like to move to 4.5%. Sanne moved to approve the change in interest rate for the IRP program. Janovec seconded the motion. Motion carried 4-0.
Discussion was held on the LB840 board recommendation for an IRP loan for Medical Esthetics. IRP funding from the USDA would be $77,000 with LB840 matching $23,000 for equipment purchases. The loan would carry a term of 20 years at 4.5% interest. Sanne moved to approve the loan. Born seconded the motion. Motion carried 4-0.
City Administrator Tarr will bring back bids for the purchase of a mini excavator as well as lease rates to the next meeting. The council would also like an estimate on the projected amount of use the equipment will have.
Janovec motioned to approve advertising to hire an additional full time maintenance worker. Sanne seconded the motion. Motion carried 4-0.
Sanne moved to approve Klown Kash for all employees and board members for an appreciation gift. Full time employees will receive $60, part time employees $35 and board members $10 for a total cost of $1,205.00. Born seconded the motion. Motion carried 4-0.
City Clerk Retzlaff stated that the annual audit was held on October 25th and went very well.
Sanne moved to adjourn the meeting. Born seconded. Motion carried 4-0
TIME: 8:02 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 11/13/2023; 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
15479
City of Plainview
LIWHAP Pmt
180.00
15480
Altwine Hardware & Home LLC
Su
532.48
15481
Schoenauer Truck Repair
Svc
316.50
15482
Hollman Media
Svc
75.00
15483
City of Plainview
LIWHAP Pmt
50.00
15484
Pierce Co Clerk
LB644 Hearing Postcards
186.46
15485
Western Oil Inc
Fuel
320.82
15486
Verizon Wireless
Cellphones
429.98
15487
Street Improvement
Assessment Pmts
767.63
15488
City of Plainview
LIWHAP Pmt
500.00
15489
City of Plv Osm/Plv Housing
Housing Loan Pmt
50.60
15490
Plainview Manor
Proceeds- Sale of Van
600.00
15491
Chilver’s Abstract & Title Co
Svc
401.00
15492
MASA
Emp Ins
126.00
15493
Plainview News
Ads/Legals/Su
1,096.48
15494
City of Plainview
Pool Sales Tax
6,136.34
15495
City of Plainview
Library Sales Tax
4,090.90
15496
City of Plainview
Manor Sales Tax
4,090.90
15497
City of Plainview
Eco Dev Sales Tax
4,090.90
15498
Postmaster
Postage
28.90
15499
City of Plv Osm/Plv Housing
Housing Loan Pmt
51.51
15500
Altwine Hardware & Home LLC
Mulch- Keno
40,986.00
15501
Midwest Bank
Emp HSA October
700.00
15502
New York Life
Emp Ins
92.20
15503
City of Plainview
LIWHAP Pmt
50.00
15504
Postmaster
Postage
298.86
24831
Thru
24833
City Employees
Payroll 11-13-2023
17,132.55
24834
Thru
24836
City Employees
Payroll 11-30-2023
15,270.37
24837
Aflac
Emp Ins
566.08
24838
Akrs Equipment Solutions Inc
Su
10.28
24839
Altwine Hardware & Home LLC
Su
236.94
24840
Andrew Funston
Reim
84.51
24841
Bazile Creek Power Sports
Su
263.97
24842
Bomgaars
Su
270.25
24843
Bud’s Sanitary Service LLC
Svc
5,517.00
24844
Bullseye Fire Sprinkler Inc
Svc
375.00
24845
City of Norfolk
Svc
42.00
24846
City of Plainview
RBDG Loan Pmt
307.91
24847
City of Plainview
LB840 Loan Pmt
191.49
24848
City of Plainview C&D Sinking Fund
Pmt
2,000.00
24849
Classic Rentals
Su
322.79
24850
Comfort Inn
Hotel Rooms
629.70
24851
Eakes Office Solutions
Admin Fees
55.00
24852
Elrico Bates
Meter Deposit Refund
76.39
24853
EMS Insurance Co
Pmt- Colby Capital Claim
1,500.00
24854
Hansen Brothers Parts & Service Inc
Repairs
330.00
24855
Hometown Leasing
Copier Lease
179.42
24856
Independent Pest Management
Svc
140.00
24857
Ingram Library Services
Books/Audiobooks
599.12
24858
Jack’s Uniforms & Equipment
Su
587.93
24859
James Rau
Reim
106.98
24860
Jarecki Sharp & Petersen PC LLO
Legal Fees
800.00
24861
Jeremy Tarr
Reim
170.00
24862
Kayci Daudt
Intern Pay
80.00
24863
LP Gill Inc
Svc
9,049.95
24864
Landmark Surveying Associates
Svc
462.00
24865
Mahaska
Su
62.50
24866
Matheson Tri-Gas Inc
Su
39.19
24867
Miller & Associates Consulting Engineers
Svc
1,300.00
24868
Mitch’s Food Center
Su
59.28
24869
Municipal Supply Inc of Omaha
Su
1,272.93
24870
MWC Enterprises Inc
Trash Totes
1,490.00
24871
NDEE- Public Water Operators
Water Operator License Renewals
345.00
24872
NE Public Health Env Lab
Svc
131.00
24873
Nebraska Harvestore Systems Inc
Su
139.66
24874
Norfolk Daily News
Ads
40.00
24875
NCPPD
Svc
8,444.32
24876
VOID
24877
Pierce Broadband Networks
Svc 329-6000
56.42
24878
Pierce County Clerk
Svc
510.00
24879
Plainview Auto Supply
Su
467.73
24880
Plainview Public Schools
Liquor/Tobacco Lic Fees
610.00
24881
Plainview Telephone Co
Svc
984.97
24882
Precision IT
Svc
79.20
24883
Schaefer Grain Co
Scale Tickets
468.00
24884
Steinkraus Service
Fuel
3,091.75
24885
Truck Center Companies
Su
87.81
24886
West Hodson Lumber
Su
2,228.50
24887
Western Oil Inc
Fuel
282.49
ACH
Allied Benefit Services
Emp Health Ins
12,003.34
ACH
Black Hills Energy
Svc
319.45
ACH
Casey’s Business Mastercard
Fuel
689.17
ACH
Clover Merchant Bankcard
Credit Card Processing Fees
907.09
ACH
Crashplan Pro
Svc
9.99
ACH
EFTPS
Fed W/H Tax
5,179.33
ACH
EFTPS
Fed W/H Tax
4,830.62
ACH
Empower Retirement
Pension
1,941.41
ACH
Empower Retirement
Pension
1,941.41
ACH
First Data Merchant Svc
Credit Card Machine
26.75
ACH
Dearborn Life Ins Co
Emp Ins
48.00
ACH
Healthplan Svcs Inc
Emp Vision Ins
87.90
ACH
Midwest Bank
Merchant Capture Svc
50.00
ACH
NE Dept of Revenue
State W/H Tax
1,602.31
ACH
NE Dept of Revenue
Sales & Use Tax
1,592.25
ACH
Zoom Video Comm Inc
Svc
17.11
NAHTF GRANT FUNDS
1014
Green Gable Contracting
Grant
48,892.20
1015
NENEDD
Grant
3,257.08
KENO
1178
City of Plainview
Grant
2,100.00
1179
Jr. Pirate Posse
Grant
5,000.00
1180
Plainview Ballbackers
Grant
5,000.00
POOL SALES TAX
Transfer
City of Plainview- General Acct
Transfer
83,974.65