REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, NOVEMBER 9, 2021
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 November 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 Posting in three places for designated method for giving notice. 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 regular meeting minutes from October 12th. Alder seconded the motion. Motion carried 4-0.
Sanne moved to approve claims and payroll. Yosten seconded the motion. Motion carried 4-0.
Manor Administrator Juleen Johnson was present to update the council on staffing issues related to COVID vaccine mandates.
Police report was given by Chief Neumann who reported that Halloween was quiet this year.
No City Superintendent report was given.
City Attorney Curtiss reported that he had been in contact with County Attorney Lohrberg about handling prosecutions for the City that would have a conflict of interest for Curtiss. Curtiss also provided updates on the small box store ordinance.
Mayor Schlote made 2 appointments to the housing board. Christina Cambre was appointed through December 2024. Sanne moved to approve Cambre to the housing board. Yosten seconded the motion. Motion carried 4-0. Corrine Janovec was appointed through December 2022. Sanne moved to approved Janovec to the housing board. Yosten seconded the motion. Motion carried 4-0.
At 6:45 PM Mayor Schlote opened the public hearing for the LB840 Six Month Review
Kevin Lingenfelter gave an overview of the board activities for the last 6 months which included the appointment of Bill Michael to the board, loans for Mary’s Restaurant, Pure Revival and Farm Wives Market, sign reimbursement for State Farm and restructuring of the lot requirements on north 4th Street.
Smith moved to close the public hearing at 6:48 PM. Alder seconded the motion. Motion carried 4-0.
At 6:50 PM Mayor Schlote opened the public hearing for a Special Use Permit at 308 W Locust Avenue for a Mixed Use Building Permit.
Warren Renter was present to discuss his plans for the building that would be located at 308 W Locust Avenue in downtown Plainview. City Administrator Tarr stated that the SUP had gone to the zoning board who did not recommend to approve. Renter stated that the building would have room for offices to be rented out as well as off street parking. The storage units would be heated.
At 7:01 PM Smith moved to close the public hearing. Alder seconded the motion. Motion carried 4-0.
Alder moved to approve the building permit at 308 W Locust Avenue, Lots 5&6, Block 8, Kimball & Blair’s Addition for Convenience Storage. Smith seconded the motion. Motion carried 3-1 with Yosten voting no.
At 7:03 PM Mayor Schlote opened the public hearing for the One and Six Year Street Plan.
Questions were addressed to the council by the public on who determines which streets are included on the One and Six Plan each year.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #644
WHEREAS, the City Street Superintendent has prepared and presented a One Year and Six Year Plan for Street Improvement Program for the City of Plainview, and
WHEREAS, a public meeting was held on the 9th day of November 2021 to present this plan and there were no objections to said plan;
THEREFORE, BE IT RESOLVED BY THE Mayor and City Council of Plainview, Nebraska, that the plans and data as furnished are hereby in all things accepted and adopted.
M493 (35) 2021-2022 – Concrete surfacing of Euclid Avenue from Second Street to Third Street – $100,000
M493 (48) 2021-2022 – Concrete surfacing of Ellsworth Avenue from Third Street to Fourth Street – $100,000
M493 (65) 2021-2022 – Concrete surfacing of Pilcher Avenue from Fourth Street to Sixth Street and Sixth Street from Pilcher Avenue to Woodland Avenue – $200,000
M493 (46) 2021-2022- Concrete surfacing of Lincoln Avenue approximately 250 feet east of Main Street to approximately 200 feet west of First Street – $250,000
M493 (57) FUTURE – Concrete surfacing of Woodland Avenue from Fourth Street to Ninth Street – $543,000
M493 (55) FUTURE – Concrete surfacing of Pilcher Avenue from Pond Street to Plum Street – $132,000
M493 (38) FUTURE – Concrete surfacing of Lincoln Avenue from Second Street to Third Street – $100,000
M493(39) FUTURE – Concrete surfacing of Ellsworth Avenue from Second Street to Third Street – $100,000
M493 (44) FUTURE – Concrete surfacing of Euclid Avenue from Third Street to Fourth Street – $100,000
M493 (45) FUTURE – Concrete surfacing of Lincoln Avenue from Third Street to Fourth Street – $100,000
M493 (59) FUTURE – Concrete surfacing of Pond Street from Park Avenue to Pilcher Avenue – $101,000
M493 (60) FUTURE – Concrete surfacing of Congress Street from First Street to Second Street – $90,000
M493 (61) FUTURE – Concrete surfacing grading of Third Street from Congress Street to Locust Avenue – $100,000
M493 (63) FUTURE- Concrete surfacing of Seventh Street from Park Avenue to Pilcher Avenue; Pilcher Avenue from Seventh Street to Eighth Street; Eighth Street from Pilcher Avenue to Park Avenue – $418,000
M493 (64) FUTURE- Concrete surfacing of Pine Street from Lincoln Avenue to Harper Avenue; Harper Avenue from Pine Street to King Street – $183,000
M493 (66) FUTURE – Gravel street Fifth Street from Euclid Avenue to Ohio Avenue $40,000
M493 (67) FUTURE – Concrete surfacing of Fourth Street from Euclid Avenue to Ohio Avenue – $200,000
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 #644 is passed
and adopted.
Discussion was held on Ordinance No. 969 to create Street Improvement Projects 2021-1 through 2021-9. Passing of the ordinance is necessary to start the process of obtaining bids, notification to all property owners that are adjacent to the projects and discussion on possible assessment amounts.
Motion was made by Sanne and seconded by Smith to approve Ordinance No. 969 on its second 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. 969 approved on its second reading.
Motion was made by Sanne and seconded by Alder to waive the third reading of Ordinance No. 969. 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. 969 approved.
ORDINANCE NO. 969
AN ORDINANCE CREATING STREET IMPROVEMENT PROJECT NOS. 2021-1, 2021-2, 2021-3, 2021-4, 2021-5, 2021-6, 2021-7, 2021-8, AND 2021-9; DEFINING THE BOUNDARIES AND LIMITS THEREOF; PROVIDING FOR PAVING, GRADING, CURBING, GUTTERING, AND OTHER NECESSARY AND INCIDENTAL WORK; PROVIDING FOR ASSESSMENT OF THE COSTS OF SUCH IMPROVEMENTS AGAINST THE PROPERTY SPECIALLY BENEFITED THEREBY AND THE LEVY OF GENERAL TAXES; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
Discussion on an Ordinance to amend the current code for nuisance properties that would define what indoor furniture is and where it could be located was held.
Motion was made by Sanne and seconded by Smith to approved Ordinance No. 970 on its first reading. Upon roll call vote, the following members voted AYE: Smith, Sanne and Schlote. The following voted NAY: Alder and Yosten. Motion carried 3-1. Whereupon the Mayor declared said Ordinance No. 970 approved on its first reading.
Motion was made by Sanne and seconded by Smith to waive the second and third readings of Ordinance No. 970. Upon roll call vote, the following members voted AYE: Smith and Sanne. The following vote NAY: Alder and Yosten. Motion tied 2-2 and did not pass on three-quarters vote of council to waive second and third readings.
Second reading of Ordinance No. 970 will be held at the next council meeting.
City Attorney Curtiss presented an ordinance that would set time limits for the parking of trailers, off road vehicles, towable or self-propelled equipment on public streets. Current ordinances only address motor vehicles and do not specifically define limits for the previously mentioned equipment.
Motion was made by Sanne and seconded by Alder to approve Ordinance No. 971 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. 971 approved on its first reading.
Motion was made by Sanne and seconded by Alder to waive the second and third readings of Ordinance No. 971. 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. 971 approved.
ORDINANCE NO. 971
AN ORDINANCE TO AMEND REGULATIONS FOR PARKING ON CITY STREETS.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA:
Section 1. That Chapter 5, Section 613 of the Municipal Code of Plainview, Nebraska, be amended to read as follows:
5-613 PARKING; MAXIMUM TIME LIMIT.
The parking of a motor vehicle, trailer, or any other licensed or unlicensed vehicle, off road vehicle, or towable or self-propelled equipment on a public street for over forty-eight (48) consecutive hours is unlawful, except where a different maximum time limit is posted.
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.
Discussion was held on possible rate increases for the transfer station, C&D and residential/commercial trash. Council would like for City Administration Tarr to provide rates that reflect increases for the transfer station and C&D with no increase to monthly trash rates charged to residents.
Discussion was held on employee gifts in lieu of an appreciation meal. City Clerk Retzlaff stated that last year Klown Kash was given in the following amounts; full- time employees $60, part-time employees $35 and board members $10. Sanne moved to provide employee gifts of Klown Kash as listed. Smith seconded the motion. Motion carried 4-0.
Discussion was held on the LB840 board’s recommendation for the sale of lots in the subdivision on north 4th Street. The current property owners on 4th Street would like to split the parcel between them with each buying half of the area for $1,000. The remaining lots on 5th Street would be sold in sections of 3 at a minimum of $1,000 per lot.
Sanne moved to approve the sale of the 4th Street lots to current adjacent property owners Grant Dummer and Devin Johnson with each paying $1,000 per lot. Smith seconded the motion. Motion carried 4-0.
Susan Norris presented the Economic Development report. Updates were given on Hometown Holidays to be held December 11 and 12, a Black Friday sale on Klown Kash, and the creation of 2 new businesses in the coming months.
An amendment to the DTR Grant contract was presented to the council which would allow the business owners to pay 20% to the contractor. The invoice would be submitted to the City Clerk for creation of a drawdown by NENEDD and DED. Once the drawdown was received by the City, the contractor would be paid for the remainder of the invoice. Riah Deane from NENEDD was present and told the council she would present the amended contract to DED for approval. The contract would need to come back to the council for final approval once the State had signed off on the changes.
An application for reimbursement of signage was received from Melissa Smith, State Farm, who has moved her office to the Nyecom technology center. The total cost to be paid to Smith would be $628.45. Sanne moved to approve the payment of the sign grant. Alder seconded the motion. Motion carried 4-0.
Discussion was held on updating the City of Plainview’s representatives for the Pierce County E911 board. Mayor Schlote asked that he be appointed primary representative with Police Officer Kristy Hallock as the alternate. Sanne moved to approve the Mayor’s appointments to the E911 board. Smith seconded the motion. Motion carried 4-0.
It was moved by Smith, seconded by Alder to adjourn the meeting. Motion carried 4-0.
TIME: 8:27 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 11/09/2021; 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)
14836
Precision IT
Svc
55.00
14837
Hoffart Repair
Su/Svc
828.03
14838
Plainview Public Schools
Liq Lic Fees
300.00
14839
Aflac
Emp Ins
808.73
14840
NRWA
Registration
75.00
14841
Western Oil
Fuel
397.93
14842
Midwest Laboratories Inc
Svc
190.00
14843
NENEDD
DTR Drawdown #5
5,085.00
14844
MASA
Emp Ins
126.00
14845
City of Plv Osm/Plv Housing
Housing Pmt
93.51
14846
Midwest Bank
HSA Hallock
500.00
14847
City of Plainview
Pool Sales Tax
8,695.78
14848
City of Plainview
Library Sales Tax
4,344.72
14849
City of Plainview
Manor Sales Tax
4,344.72
14850
City of Plainview
Eco Dev Sales Tax
4,344.72
14851
City of Plainview
LB840 Loan Pmt
160.00
14852
City of Plv Osm/Plv Housing
Housing Pmt
51.52
14853
Midwest Bank
Emp HSA
500.00
14854
New York Life
Emp Ins
92.20
14855
Postmaster
Postage
229.20
23225
23227
City Employees
Emp Payroll 10-15-2021
16,269.27
23228
23230
City Employees
Emp Payroll 10-29-2021
15,994.74
23231
Aflac
Emp Ins
531.44
23232
Agland Electric Motor Svc
Svc/Su
4,640.13
23233
American Legal Publishing Corp
Code Book
1,683.00
23234
Bomgaars
Su
41.94
23235
Bonta Lawn Care
Svc
112.00
23236
Bud’s Sanitary Service
Svc
4,752.00
23237
Bullseye Fire Spinkler Inc
Backflow Test
365.00
23238
City of Plainview
LB840 Loan Pmt
80.00
23239
City of Plainview C&D Sinking
Pmt
2,000.00
23240
Classic Rentals
Su
204.52
23241
Bruce Curtiss dba Curtiss Law Office
Legal Fees
1,250.00
23242
Dd Steel
Su
158.43
23243
Demco
Su
145.64
23244
Donna Christiansen
Reim
186.00
23245
Eakes Office Solutions
Svc
3.50
23246
Francotyp-Postalia Inc
Postage
200.55
23247
Great Plains Communications
Svc
51.13
23248
Hollman Media
Svc
108.00
23249
Hometown Leasing
Copier Lease
247.19
23250
Independent Pest Management
Svc
140.00
23251
Ingram Library Services
Books/Audiobooks
442.78
23252
Itron Inc
Svc
211.24
23253
Jack’s Uniforms & Equip
Su
1,502.52
23254
LaQuinta Inns & Suites
Hotel Rooms
314.85
23255
MacQueen Equip
Su
683.76
23256
Mahaska
Su
60.12
23257
Matheson Tri-Gas
Su
37.33
23258
Michael Frederick
Books
48.00
23259
Mitch’s Food Center
Su
201.50
23260
Moeller Sprinkler Service
Svc/Repairs
393.08
23261
Municipal Supply Inc of Omaha
Su
913.44
23262
NE Public Health Env Lab
Svc
298.00
23263
NE Library Commission
OneDrive Renewal
500.00
23264
Plainview Auto Supply
Su
93.36
23265
Plainview Family Pharmacy
Su
4.99
23266
Plainview News
Ads/Legals/Su
1,345.83
23267
Plainview Public Schools
Liq Lic Fees
300.00
23268
Plainview Telephone Co
Svc
1,318.61
23269
Russ Cleveland
Reim
89.60
23270
Sargent Drilling
Svc
749.00
23271
Steinkraus Service
Fuel/Repairs
5,224.09
23272
Stuart C Irby Co
Su
1,241.20
23273
Truck Center Companies
Su
18.27
23274
Water Tower Bond Acct
Pmt
2,800.83
23275
West Hodson Lumber
Su
164.00
ACH
Allied Benefit Services
Emp Ins
10,540.91
ACH
Black Hills Energy
Svc
124.82
ACH
Casey’s Business MasterCard
Fuel
228.35
ACH
Comm Bankers Merch Svc
Svc
1,123.81
ACH
EFTPS
Fed W/H Tax
4,694.56
ACH
EFTPS
Fed W/H Tax
4,917.41
ACH
Dearborn Life Ins Co
Emp Ins
60.00
ACH
Francotyp-Postalia Inc
Postage
1,000.00
ACH
Google Pay
Svc
19.99
ACH
Grainger
Su
795.30
ACH
Healthplan Svcs Inc
Emp Ins
52.80
ACH
Mass Mutual
Pension
2,184.83
ACH
Mass Mutual
Pension
2,184.83
ACH
Midwest Bank
NSF Return
73.04
ACH
Midwest Bank
Svc
50.00
ACH
NE Dept of Rev
State W/H Tax
1,679.51
ACH
NE Dept of Rev
Sales & Use Tax
1,236.42
ACH
NE UC Fund
Qtrly Unemp Tax
111.10
ACH
Postmaster
Postage
7.02
ACH
Software Discount
Su
179.98
ACH
Synchrony Bank/Amazon
Su
45.32
ACH
Zoom Video Comm
Svc
15.81