City Council Meeting Minutes November 13 2023

 

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. The Key Contact and Authorized Signatories may be changed from time to time by written notice to Nebraska CLASS.
  6. 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

 

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