City Council Meeting Minutes May 13 2024

 

 

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:

 

 

  1. Resolution #679 passed on April 9, 2024 shall be changed to Resolution #699
  2. 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

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