City Council Meeting Minutes April 9 2024

 

REGULAR MEETING OF THE CITY COUNCIL

TUESDAY, APRIL 9, 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 9th day of April 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 March 12th. Sanne seconded the motion. Motion carried 4-0.

 

Sanne moved to approve claims and payroll. Born seconded the motion. Motion carried 4-0.

 

Kyle Overturf of AMGL was present to discuss the City of Plainview 2023 Annual Audit. One control issue was noted which is the lack of segregation of duties due to the amount of personnel in the office. Benchmarking shows that the City is still $16,000 short in valuation compared to municipalities of similar size. The City showed a positive balance in the unassigned General Fund of $207,101, with a recommendation of $370,000.

 

Juleen Johnson gave updates for the Plainview Manor which included changes to the Manor board meetings, staffing changes, the installation of the walk-in cooler and celebration of Nursing Home Week May 12-18, 2024.

 

Police Chief Hallock updated on new equipment that is still to be received, nuisance properties and installation of dog kennels. Hallock also stated there are safety books that are available free of charge to the City.

 

Susan Norris stated there will be a housing study meeting on April 29th from 5-7 PM at the library. Norris also informed the council that the buildings currently owned by J&S Interiors have been sold, with the east portion to house a business and the west to be refurbished for further development.

 

At 7:03 PM Mayor Smith opened the Public Hearing for Zoning Change C1 to R-2 33 28 4 Plainview Peed’s 2nd Add Blk 8 Lots 10-11-12

 

The property at 207 N 5th Street was purchased for the construction of a residential home by Alex Schoenenberger. The zoning change was recommended by the Planning Commission.

 

Sanne moved to close the public hearing at 7:06 PM. Born seconded the motion. Motion carried 4-0.

 

At 7:07 PM Mayor Smith opened the Public Hearing for Vacating Alley between 33 28 4 Plainview College Add Blk 9 Lots 1-2-3 and 33 28 4 Plainview College Add Blk 9 Lots 10 11 &12

 

The property was purchased for the construction of a residential home by Hunter and Sydney Ashburn and they requested to close the alley in between the listed area. The closure of the alley does not impeded any utility construction for any future properties in the area. The alley closure was recommended by the Planning Commission.

 

Sanne move to close the public hearing at 7:08 PM. Janovec seconded the motion. Motion carried 4-0.

 

Janovec moved to approve the vacating of alley between 33 28 4 Plainview College Add Blk 9 Lots 1-2-3 and 33 28 4 Plainview College Add Blk 9 Lots 10 11 &12. Born seconded the motion. Motion carried 4-0. A formal Ordinance will be passed at the May council meeting.

 

Janovec moved to approve the zoning change from C1 to R-2 33 28 4 Plainview Peed’s 2nd Add Blk 8 Lots 10-11-12. Anderson seconded the motion. Motion carried 4-0.

 

City Administrator Tarr reported the maintenance staff is busy with spring projects. BNSF plans to repair the 9th Street railroad crossing beginning April 22nd. Notice will be sent out to the public regarding the closure of the street and any alternate routes.

 

City Attorney Petersen reported that signed Deeds of Trust and Promissory Notes for the DTR grant are starting to be returned.

 

Mayor Smith recommended Lonna Mosel to serve on the Pool Board through December of 2024. Born moved to approve the appointment. Anderson seconded the motion. Motion carried 4-0.

 

Mayor Smith read the following proclamation:

 

Nebraska Public Transportation Week

 

WHEREAS: Nebraska Public Transportation week has been declared for April 21-27, 2024

 

AND WHEREAS: The date was chosen to honor the public transportation systems across Nebraska, including the local system better known as the Plainview Handivan.

 

AND WHEREAS: Public transportation systems across the state of Nebraska are celebrating public transportation during this time frame.

 

AND WHEREAS: Every year thousands of Nebraska citizens are able to participate in using public transportation to help them remain independent.

 

AND WHEREAS: Plainview has continued to support the use of public transportation throughout the year.

 

AND WHEREAS: Plainview recognizes the hard work and dedication that the city staff and especially the drivers do to help make the Plainview Handivan service an integral part of the lives of many residents in the community.

 

NOW THEREFORE BE IT RESOLVED that by virtue of the authority invested in me as Mayor of the City of Plainview, Nebraska, I, Robert Smith, do hereby issue this proclamation to celebrate public transportation and I do hereby declare April 21-27, 2024 to be "Public Transportation Week".

 

Mayor Smith read the following proclamation:

 

Arbor Day 2024

 

WHEREAS in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and

 

WHEREAS this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and

 

WHEREAS Arbor Day is now observed throughout the nation and the world, and

 

WHEREAS trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and

 

WHEREAS trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and

 

WHEREAS trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and

 

WHEREAS trees — wherever they are planted — are a source of joy and spiritual renewal.

 

NOW, THEREFORE, I, Robert Smith ,Mayor of the City of Plainview, do hereby proclaim April 26, 2024 as ARBOR DAY in the City of Plainview, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.

 

Keno Grant applications were received from 6 organizations.

 

Plainview Public Schools requested $1,400 to purchase a portable Automated External Defibrillator (AED) to be used during school trips, sporting events and outdoor activities. The school has secured funding for 2 additional AEDs. Born moved to approve the Keno grant. Janovec seconded the motion. Motion carried 4-0.

 

Girls on the Run- Plainview Chapter requested $1,000 to help with costs associated with the program offered to girls in 3rd through 6th grade in the community. The total cost per girl is $125 and there are 19 participants this year. Extra funds remaining will be used to start a running club account. Janovec moved to approve the Keno grant. Sanne seconded the motion. Motion carried 4-0.

 

The Klown Doll Museum requested $3,000 for construction of an ADA compliant ramp and building updates for the new addition. Sanne moved to approve the Keno grant. Anderson seconded the motion. Motion carried 4-0.

 

Plainview Public Library requested $1,000 for an intern to help with the Summer Reading Program. Sanne moved to approve the Keno grant. Anderson seconded the motion. Motion carried 4-0.

 

Plainview Social Center requested $1,000 to replace their steam table which is needed to keep food at a controlled temperature per State regulations. Sanne moved to approve the Keno grant. Born seconded the motion. Motion carried 4-0.

 

The City of Plainview requested $5,000 for the purchase of hanging planter baskets and brackets for downtown. Susan Norris presented that 25 baskets would be purchased and sponsorships of $200 would be utilized for the purchase of the flowers and a name plate recognizing the donor. The City staff would be responsible for the watering of the baskets which would be taken down each winter to be sent to a greenhouse, where they would be planted and housed until spring. Sanne moved to approve the Keno grant. Anderson seconded the motion. Motion carried 3-2, Sanne, Anderson and Smith voting yes, Born and Janovec voting no.

 

Sanne moved to approve the LB840 Board recommendation for IRP loan funding for Three Brothers Car Wash. Total loan of $100,000 with USDA funding $77,000 and LB840 match of $23,000. Loan terms will be 20 years at 4.5% interest. Born seconded the motion. Motion carried 4-0.

 

Sanne moved to approve the LB840 Board recommendation for NAHTF Housing Grant match funds of $35,000 for the proposed project with Zuhlke Properties. Anderson seconded the motion. Motion carried 4-0.

 

The pool board recommended the following to be hired for the 2024 pool year: Manager, Allison Hardisty, Assistant Managers, Baili Prewitt and Mallory Mauer; returning lifeguards, Hannah Darnall, Claire Rasmussen, Corbin Pfeil, Teya Boyer, Keanu Johnson and Addie Hodson; and new lifeguards, Avery Hardisty and Morgan Nincehelser. Born moved to approve the hires as listed. Sanne seconded the motion. Motion carried 4-0.

 

Pool board recommendations for hourly wages were Manager $16, Assistant Manager $14, returning lifeguards $13 and new lifeguards $12. Born moved to approve the wages as presented. Sanne seconded the motion. Motion carried 4-0.

 

Pool prices were recommended to remain the same as last year:  single pass $70, family pass for 1-4 people $110, family pass for over 4 people $135, pool party $100 per hour; daily entry fees: Jr. High- Adult $5, K-6 $4 and 5 and under free. Born moved to approve the pool prices. Sanne seconded the motion. Motion carried 4-0.

 

City Administrator Tarr recommended Chad Schumacher, Dylan Ward and Hayven Stewart for seasonal park help. Sanne moved to approve the hires. Janovec seconded the motion. Motion carried 4-0.

 

Born moved to set wages for seasonal park help at $13 per hour. Sanne seconded the motion. Motion carried 4-0.

 

City Administrator Tarr recommended a $3 per hour wage increase for James Rau effective April 1, 2024. Janovec moved to approve the wage increase. Sanne seconded the motion. Motion carried 4-0.

 

Special Designated Liquor licenses for June were discussed.

 

Keystone applied for a SDL on May 31, 2024 from 6:00 PM to 2:00 AM for a Street Dance during Klown Festival. Sanne moved to approve the SDL. Janovec seconded the motion. Motion carried 4-0.

 

Keystone applied for a SDL on June 1, 2024 from 6:00 PM to 2:00 AM for a beer garden during Klown Festival. Born moved to approve the SDL. Janovec seconded the motion. Motion carried 4-0.

 

Keystone applied for a SDL on June 8, 2024 from 9:00 AM to 5:30 PM for the Highway20 HotRod Association Car Show. Born moved to approve the SDL. Sanne seconded the motion. Motion carried 4-0.

 

The Plainview Chamber of Commerce applied for a SDL on June 1, 2024 from 8:00 AM to midnight for sand volleyball and cornhole tournaments during Klown Festival. Sanne moved to approve the SDL. Janovec seconded the motion. Motion carried 4-0.

 

 

Council member Sanne introduced the following resolution and moved for its adoption:

 

 

RESOLUTION #679     

WHEREAS, the Mayor and City of Plainview deem it necessary that a portion of Woodland Avenue be closed for the Klown Festival hosted by the Plainview Chamber of Commerce on June 1, 2024;

 

NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, THAT:

 

 

  1. The following streets are closed to thru traffic from 7:00 AM to 10:00 PM

 

*Woodland Avenue between Main Street and Maple Street

 

 

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 #679 is passed and adopted.

 

 

Motion was made by Sanne and seconded by Anderson to waive the second and third readings of Ordinance No. 995. 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. 995 waived.

 

Motion was made by Janovec and seconded by Sanne to approve Ordinance No. 995. 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. 995 approved.

 

ORDINANCE NO. 995

 

AN ORDINANCE ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF PLAINVIEW, NEBRASKA ADOPTING THE STATE LAW CHANGES MADE BY THE LEGISLATURE WHICH ARE SPECIFIC AND MANDATORY AND NECESSARY TO BRING THE CITY ORDINANCES AND CODE SECTIONS INTO CONFORMITY WITH STATE LAW AND AMENDING RESTATING, REVISING, UPDATING, CODIFYING AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES.

 

 

Motion was made by Sanne and seconded by Janovec to waive the second and third readings of Ordinance No. 996. 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. 996 waived.

 

Motion was made by Sanne and seconded by Janovec to approve Ordinance No. 996. 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. 996 approved.

 

ORDINANCE NO. 996

 

AN ORDINANCE TO ACCEPT A WARRANTY DEED FOR 517 W. LOCUST AVENUE, PLAINVIEW, NEBRASKA AND PAY ALL FEES FOR THE FILING OF SAID DEED.

 

 

 

 

Council member Sanne introduced the following resolution and moved for its adoption:

 

RESOLUTION #680 

 

 

A RESOLUTION TO APPROVE LEASES FOR THE LAGOON AND TRANSFER STATION LANDS PURSUANT TO BIDS PREVIOUSLY ACCEPTED

 

            WHEREAS, the City Council has previously accepted the bid of $4,114.00 from Lyle Lingenfelter to lease land near the transfer station site and the bid of $1,143.00 from Trenton Tarr to lease land near the lagoon.

 

BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, AS FOLLOWS:

            Section 1. The Haying Lease attached hereto as “Exhibit I” is hereby approved for the lease with Trenton Tarr.

 

Section 2. The Farm Lease attached hereto as “Exhibit II” is hereby approved for the lease with Lyle Lingenfelter.

 

Section 3. The Mayor is hereby authorized to execute Exhibit I and Exhibit II on behalf of the City of Plainview.

 

Section 4.  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 #680 is passed and adopted.

 

Discussion on a possible appointment of special prosecutor for Ordinance violations will be tabled until next month.

 

Born moved to adjourn the meeting. Janovec seconded. Motion carried 4-0

 

 

TIME:  8:31 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 4/9/2024; 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

 

15612

Western Oil Inc

Fuel

503.29

15613

Bizco Inc

Equip

11,929.28

15614

CDS Inspections & Beyond

Svc

425.00

15615

Street Improvement

Street Assessment Pmt

2,288.30

15616

Postmaster

Postage

30.45

15617

Little Detroit Body Shop

Svc

185.00

15618

Midwest Bank

Qtrly Loan Pmt

4,293.76

15619

Precision IT

Svc

79.20

15620

Hollman Media

Svc

28.75

15621

Verizon Wireless

Cellphones

428.06

15622

Osmond Mini Mart

Fuel

480.00

15624

Street Improvement

Street Assessment Pmt

3,215.32

15625

City of Plainview

RBDG Loan Pmt

346.43

15626

City of Plainview

IRP Loan Pmt

381.07

15627

Street Improvement

Street Assessment Pmt

220.00

15628

Street Improvement

Street Assessment Pmt

13,729.80

15629

Postmaster

Postage

30.65

15630

MASA

Emp Ins

126.00

15631

Plainview News

Ads/Legals/Su

1,129.83

15632

Madison Co Bank

Qtrly Loan Pmt

7,426.09

15633

City of Plainview

Pool Sales Tax

6,405.88

15634

City of Plainview

Library Sales Tax

4,270.58

15635

City of Plainview

Manor Sales Tax

4,270.58

15636

City of Plainview

Eco Dev Sales Tax

4,270.58

15637

Consolidated Electrical Distributor

Su

719.82

15638

Post Prom Committee

Donation- Michael Foods

200.00

15639

Police Chiefs Associations of Nebraska

Membership Dues

60.00

15640

POAN

Membership Dues

60.00

15641

Postmaster

Postage

34.75

15642

New York Life

Emp Ins

92.20

15643

Midwest Bank

Emp HSA March

890.00

15645

Postmaster

Postage

31.70

25109

     

Thru

     

25117

City Employees

Payroll 3-15-2024

19,131.42

25118

     

Thru

     

25121

City Employees

Payroll 3-29-2024

15,863.13

25122

Aflac

Emp Ins

429.30

25123

Akrs Equipment Solutions Inc

Su

23.80

25124

Altwine Hardware & Home LLC

Su

169.14

25125

Auto Value- Norfolk

Su

426.34

25126

Billy Goat Guns

Su- Ammunition

575.00

25127

Bob Smith

Reim- Mileage/Parking

242.93

25128

Bud's Sanitary Service LLC

Svc

5,517.00

25129

Casey's Business MasterCard

Fuel

260.91

25130

City of Plainview C&D Sinking Fund

Pmt

2,000.00

25131

City of Plainview Osm/Plv Housing

Housing Pmt

50.60

25132

Classic Rentals

Su

271.23

25133

CNH Industrial Retail Accts

Su

294.71

25134

Complete Pest Elimination Inc

Svc- Mosquito Control

6,160.00

25135

Creative Concepts

Ads-HandiVan

139.50

25136

Curt Hart

Reim- Meals

8.75

25137

Donna Christiansen

Reim- Su

92.53

25138

Eakes Office Solutions

Copier Contract

296.39

25139

Floor Maintenance

Su

71.95

25140

Hollman Media

Svc

75.00

25141

Hometown Leasing

Copier Lease

321.49

25142

Independent Pest Management

Svc

140.00

25143

Ingram Library Services

Books/Audiobooks

710.21

25144

Jarecki Sharp & Petersen PC LLO

Legal Fees

800.00

25145

Kayci Daudt

Intern Pay- Library

40.00

25146

LP Gill Inc

Svc

7,480.60

25147

MacQueen Equipment

Su

742.62

25148

Matheson Tri-Gas Inc

Svc/Su

123.73

25149

Metering & Technology Solutions

Equip

3,165.25

25150

Mitch's Food Center

Su

77.95

25151

Municipal Chemical Supply LLC

Su

175.00

25152

NE Public Health Env Lab

Water Samples

512.00

25153

One Cal Concepts Inc

Qtrly Locate Fees

48.22

25154

Pierce Broadband Networks

Svc

56.22

25155

Plainview Public Schools

Liquor License Fees

550.00

25156

Plainview Rural Fire Protection Dist

Qtrly Pmt

5,500.00

25157

Plainview Telephone Co Inc

Svc

972.86

25158

PowerManager

Svc

205.32

25159

Precision IT

Svc

79.20

25160

S&S Express LLC

Repairs

3,492.29

25161

Schaefer Grain Co

Scale Tickets

408.00

25162

Stan Houston Equipment Co Inc

Su

407.80

25163

Steinkraus Service

Fuel/Su

2,565.60

25164

Tamela Korth

Reim-Su

375.52

25165

Troy Johnston

Reim- Meals

11.01

25166

Truck Center Companies

Su

123.01

ACH

Allied Benefit Services

Emp Health Ins

14,956.30

ACH

Black Hills Energy

Svc

1,126.10

ACH

Clover Merchant Bankcard

CC Processing Fees

816.45

ACH

Crashplan Pro

Svc

9.99

ACH

EFTPS

Fed W/H Tax

5,337.51

ACH

EFTPS

Fed W/H Tax

4,838.35

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 Svcs Inc

Emp Vision Ins

17.10

ACH

Midwest Bank

Merch Svc

50.00

ACH

Nebraska CLASS

Transfer

3,674.06

ACH

NE Dept of Revenue

State W/H Tax

1,573.77

ACH

NE Dept of Revenue

Sales & Use Tax

1,347.35

ACH

Office Max

Su

272.37

ACH

Street Improvement

Transfer from General

124,094.39

ACH

USPS

Postage

303.16

ACH

Zoom Video Comm Inc

Svc

17.11

 

 

IRP FUND ACCOUNT

 

1053

USDA

Loan Pmt 2024

17,614.99

1001

Medical Esthetics

Loan

77,000.00

1002

Medical Esthetics

Loan

23,000.00

 

STREET IMPROVEMENT ACCOUNT

 

ACH

DTCC

Bond Wire

5,188.75

ACH

Midwest Bank

Wire Fee

15.00

ACH

DTCC

Bond Wire

607,106.67

ACH

Midwest Bank

Wire Fee

30.00

 

PLAINVIEW/OSMOND HOUSING ACCOUNT

 

1034

Pierce Co Register of Deeds

Filing Fees

20.00

 

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Plainview, NE 68769-0757

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