REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 12, 2025
A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 12th day of August at 6:30 o’clock P.M.
Roll call was held and present were: Mayor Smith; Council Members: Born, Janovec, Sanne and Doty 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.
Sanne moved to approve the regular meeting minutes from July 8th. Janovec seconded the motion. Motion carried 4-0.
Janovec moved to approve claims and payroll. Doty seconded the motion. Motion carried 4-0.
No Manor report was given.
Police Chief Hallock reported that the department has been busy with traffic stops and they have several court cases coming up in the following weeks.
City Clerk Retzlaff reported that as a requirement for the NAHTF Housing Grant, a land use covenant must be filed with Pierce County for the 2 duplexes that were constructed on north 4th Street. Retzlaff is working with NENEDD, MRS Ventures and City Attorney Petersen to complete the document. Other items for economic development will be discussed later in the meeting.
City Attorney Petersen stated that following the 60 days required for notice of the unsafe/nuisance property at 414 W Locust Avenue, a Resolution to approve the costs for demolition of the structure must be passed by the council.
Tracy Sporleder, NENEDD Community Planner, gave an overview of the services that NENEDD provides for communities and counties. The City of Plainview is a member of NENEDD and has utilized their services in the past for the administration of the DTR and NAHTF Grants.
Discussion on procedures for unlicensed and inoperable vehicles was held with City Attorney Petersen stating the code section covers everything that the City should follow. A location to store any vehicles that are towed will be researched and information presented at the next council meeting.
City Clerk Retzlaff presented two loans for the council to approve for the new building of Cool Beanz LLC. Retzlaff explained that the City had revolving loan funds available to use from the IRP and RBDG programs. Jamie and Sam Alexander were present to discuss their plans for the business which includes both indoor and outdoor seating areas, a kitchen for Brick Oven & Bakery and the addition of an ice cream machine. The business will still remain a drive through concept for both Cool Beanz and Brick Oven & Bakery.
The first loan would be from the IRP Revolving funds in the amount of $20,000 for 10 years at 4.5% interest to purchase equipment for the building. The second loan would be from the RBDG Revolving funds in the amount of $50,000 for 20 years at 4.5% interest for the construction of the building. Both loans would have payments deferred for 3 months after funding was issued. Retzlaff stated that the City no longer has a match required for the loans, but the LB840 Board did meet and recommended both loans.
Janovec moved to approve both loans as presented. Doty seconded the motion. Motion carried 4-0.
Discussion on weekend open dates for the C&D and Transfer Station was held. City Administrator Tarr stated that either September 20th or 27th are the 2 dates that will be considered. The date and hours will be advertised once they are set. Sanne moved to approve having the C&D and Transfer Station open. Doty seconded the motion. Motion carried 4-0.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #729
WHEREAS: State of Nebraska Statues, sections 39-2115, 39-2119, 39-2120, 39-2121, and 39-2520(2), requires an annual certification of program compliance to the Nebraska Board of Public Roads Classifications and Standards; and
WHEREAS: State of Nebraska Statute, section 39-2120 also requires that the annual certification of program compliance by each municipality shall be signed by the Mayor or Village Board Chairperson and shall include the resolution of the governing body of the municipality authorizing the signing of the certification.
BE IT RESOLVED that the Mayor of Plainview is hereby authorized to sign the Municipal Annual Certification of Program Compliance.
Council member Janovec seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Born, Janovec, Sanne and Doty Nay: None. Whereupon the Mayor declared said motion carried and Resolution #729 is passed and adopted.
Application and Certificate for Payment #1 for Project 351-A-004 for Lincoln Avenue and Pine Street Paving was received from NLC, LLC in the amount of $81,686.34. An updated pay request was received from NLC, LLC prior to the meeting. Janovec moved to amend the agenda item for total cost of $77,387.06 and approve the payment. Doty seconded the motion. Motion carried 4-0.
At 7:11 PM Sanne moved to go into executive session for the purpose of obtaining legal advice regarding the request for subordination of trust deeds for Mary’s Restaurant. Doty seconded the motion. Motion carried 4-0.
Janovec moved to come out of executive session at 7:20 PM. Sanne seconded the motion. Motion carried 4-0.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #730
A RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A SUBORDINATION IN FAVOR OF MADISON COUNTY BANK REGARDING A TRUST DEED EXECUTED BY SCOTT L. BORN AND RECORDED AS INSTRUMENT NO. 202400533 WITH THE PIERCE COUNTY REGISTER OF DEEDS
WHEREAS, the City of Plainview is the beneficiary under a deed of trust (hereinafter the “Mortgage”) recorded as Instrument #202400533 on May 28, 2024, with the Pierce County Register of Deeds, and indexed against the following real estate:
Lots 16, 17, 18, Engler’s Addition to the City of Plainview, Pierce County, Nebraska, AND a tract of land located in the NE1/4NE1/4 of Section 5, Township 27 North, Range 4 West of the 6th P.M., Pierce County, Nebraska and described as: Commencing at the Southeast Corner of Lot 18 Engler’s Addition to Plainview, NE; running thence West parallel to the North line of said Lot 18 distance of 150 feet; thence North parallel to the East line of said Lot 18 a distance of 94 feet to a point 38 feet South of the Northwest Corner of said Lot 18; thence in a Southeasterly direction along the South line of said Lot 18 to the point of beginning a/k/a Tax Lot 11;
WHEREAS, the real estate legally described above is the location of Mary’s Restaurant;
WHEREAS, the Mortgage secures a forgivable loan in the amount of $19,086.33; and
WHEREAS, Madison County Bank has requested that the City subordinate its Mortgage to make Madison County Bank the senior lienholder.
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 Subordination Agreement attached hereto as “Exhibit A”.
Section 2. 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, Janovec, Sanne and Doty Nay: None. Abstain: Born. Whereupon the Mayor declared said motion carried and Resolution #730 is passed and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #731
A RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A SUBORDINATION IN FAVOR OF MADISON COUNTY BANK REGARDING A TRUST DEED EXECUTED BY SCOTT L. BORN AND RECORDED AS INSTRUMENT NO. 202100920 WITH THE PIERCE COUNTY REGISTER OF DEEDS
WHEREAS, the City of Plainview is the beneficiary under a deed of trust (hereinafter the “Mortgage”) recorded as Instrument #202400533 on June 28, 2021, with the Pierce County Register of Deeds, and indexed against the following real estate:
Lots 16, 17, 18, Engler’s Addition to the City of Plainview, Pierce County, Nebraska, AND a tract of land located in the NE1/4NE1/4 of Section 5, Township 27 North, Range 4 West of the 6th P.M., Pierce County, Nebraska and described as: Commencing at the Southeast Corner of Lot 18 Engler’s Addition to Plainview, NE; running thence West parallel to the North line of said Lot 18 distance of 150 feet; thence North parallel to the East line of said Lot 18 a distance of 94 feet to a point 38 feet South of the Northwest Corner of said Lot 18; thence in a Southeasterly direction along the South line of said Lot 18 to the point of beginning a/k/a Tax Lot 11;
WHEREAS, the real estate legally described above is the location of Mary’s Restaurant;
WHEREAS, the Mortgage secures a loan in the original principal amount of $62,524.00; and
WHEREAS, Madison County Bank has requested that the City subordinate its Mortgage to make Madison County Bank the senior lienholder.
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 Subordination Agreement attached hereto as “Exhibit A”.
Section 2. 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; Janovec, Sanne and Doty Nay: None. Abstain: Born. Whereupon the Mayor declared said motion carried and Resolution #731 is passed and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #732
A RESOLUTION TO AUTHORIZE THE SALE OF REAL ESTATE OWNED BY THE CITY OF PLAINVIEW LOCATED AT 517 W. LOCUST AVENUE IN PLAINVIEW TO JAMES ASCHOFF IN CONSIDERATION OF RESCISSION OF ORDINANCE #750 AND AGREEMENT TO CONSTRUCT NEW BUILDING WITH MATCHING FAÇADE
WHEREAS, the City of Plainview is the owner of real estate located at 517 W. Locust Avenue in Plainview and legally described as follows (hereinafter the “City Real Estate”):
Lots 13 and 14, Block 2, Original Town of 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 James Aschoff. In consideration of this conveyance, James Aschoff shall execute a writing: (a) agreeing to a rescission of Ordinance #750; (b) releasing any and all claims to the real estate legally described therein and against the City of Plainview regarding or arising out of Ordinance #750; and agreeing to construct a new building that has a partial brick façade to match the downtown district within two years of closing.
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 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; Born, Janovec, Sanne and Doty Nay: None. Whereupon the Mayor declared said motion carried and Resolution #732 is passed and adopted.
Discussion was held on the creation of parking area and entrance on the west side of the Legion ballfield. The land to the west of the ballfields was purchased in 2021 for the proposed purpose of creating a community center with funding from the Plainview Brunswick Community Fund. City Administrator Tarr stated that discussion on the creation of the parking area and entrance was held at the recent PBCF meeting. It was also stated that the parking will be on grass and no paving or gravel will be added to the area at this time. Sanne moved to approve the parking area and entrance on the west side of the ballfield. Doty seconded the motion. Motion carried 4-0.
City Administrator Tarr stated that the Plainview Ballbackers had expressed interest in creating a separate t-ball field. The field would not include any permanent structures and the space would be held until needed. Sanne moved to approve the space for the t-ball field. Janovec seconded the motion. Motion carried 4-0.
Plainview Public Schools had expressed interest in creating a permanent football practice field as well as rebuilding the shot put and discus areas on property owned by the City of Plainview. The City allows the school to use the ballfields for practices in season. Currently the school was practicing on the outfield of the Legion field for football. The paving of Lincoln Avenue also resulted in the shot and discus areas to be relocated. The creation of the new practice field would result in closing down the east side entrance to the softball fields. Sanne moved to allow Plainview Public Schools to build a football practice field and rebuild the shot put and discus areas. Janovec seconded the motion. Motion carried 4-0.
City Administrator Tarr stated that once valuations from the county were received, in depth conversation of the budget would occur. A budget workshop will be held on Wednesday, September 3 at 6:00 PM at the library.
Public comments were received from several in attendance.
Annette Evans requested to look into grants for paving of streets and also permission for citizens to maintain the gravel roads by their properties.
Jim Krause stated that the creation of the parking area and entrance to the west of the ballfields cannot begin until the PBCF approves it at their next monthly meeting.
Melissa Doerr requested to speak with the Mayor, council member Sanne and Police Chief Hallock following the meeting.
Police Chief Hallock addressed budget items for the police department including a new vehicle and repairs to the new office due to water leaking inside.
Annette Evans stated that everyone needs to work as a team and a reminder to be transparent with the public when the City is conducting business.
City Administrator Tarr apologized to the pool manager and assistant manager for an incident that occurred in July at the pool. The pool policies are to be followed by everyone and the pool staff was doing their job by ensuring that they were enforced. Melissa Hoffart, a member of the Advisory Board for the Parks and Pools, supported the staff at the pool and thanked them for everything they do to keep the pool operating during the summer.
Kevin Weber had questions on the access to the soccer fields with the paving project still being completed and concerns about the new bathrooms that were purchased by the City for baseball and softball season.
Sanne moved to adjourn the meeting. Janovec seconded. Motion carried 4-0
TIME: 8:01 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 8/12/2025; 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
|
15989 |
Midwest Bank |
HSA July-Dec |
15,000.00 |
|
15990 |
Steinkraus Service |
Fuel |
2,839.00 |
|
15991 |
City of Plainview |
IRP Loan Pmt |
359.43 |
|
15992 |
Uline |
Su |
81.20 |
|
15993 |
Aflac |
Emp Ins |
286.94 |
|
15994 |
Chad's Tire Service |
Svc |
37.00 |
|
15995 |
Western Oil, Inc |
Fuel |
948.45 |
|
15996 |
City of Plainview Plv/Osm Housing |
Housing Loan Pmt |
50.60 |
|
15997 |
N&B Gas Co |
Su |
60.00 |
|
15998 |
Mitch's Food Center |
Su |
1,757.78 |
|
15999 |
Bazile Aggregate Co LLC |
Su |
58.17 |
|
16000 |
Hansen Brothers Parts & Service LLC |
Svc/Su |
230.07 |
|
16001 |
Foxster Opco, LLC dba CTS Software |
HandiVan Software |
11,640.00 |
|
16002 |
CMBA Architects |
Svc |
2,000.00 |
|
16003 |
NCPPD |
Svc |
8,996.10 |
|
16004 |
Utility Service Co Inc |
Maintenance Contract |
14,146.26 |
|
16005 |
Steinkraus Service |
Fuel/Flat Repair |
2,205.20 |
|
16006 |
Cintas |
Su |
394.40 |
|
16007 |
Verizon Wireless |
Cellphones |
469.05 |
|
16008 |
Street Improvement |
Assessment Pmts |
7,405.59 |
|
16009 |
Plainview News |
Ads/Legals/Su |
1,165.08 |
|
16010 |
Postmaster |
Postage |
32.70 |
|
16011 |
City of Plainview |
Pool Sales Tax |
7,162.12 |
|
16012 |
City of Plainview |
Library Sales Tax |
4,774.76 |
|
16013 |
City of Plainview |
Manor Sales Tax |
4,774.76 |
|
16014 |
City of Plainview |
Eco Dev Sales Tax |
4,774.76 |
|
16015 |
City of Plainview Housing Auth |
Housing Loan Pmt |
111.00 |
|
16016 |
City of Plainview |
IRP Loan Pmt |
632.65 |
|
16017 |
MASA |
Emp Ins |
140.00 |
|
16018 |
Postmaster |
Postage |
36.95 |
|
16019 |
Midwest Bank |
Emp HSA July |
881.00 |
|
16020 |
New York Life |
Emp Ins |
92.20 |
|
16021 |
CHI Health Foundation Plainview |
Donation |
150.00 |
|
26205 |
|||
|
THRU |
|||
|
26219 |
City Employees |
Payroll 7-15-2025 |
27,172.30 |
|
26220 |
|||
|
THRU |
|||
|
26235 |
City Employees |
Payroll 7-30-2025 |
29,888.38 |
|
26236 |
Aflac |
Emp Ins |
286.94 |
|
26237 |
Akrs Equipment Solutions Inc |
Su |
75.24 |
|
26238 |
Allo Business |
Svc |
79.20 |
|
26239 |
Allstar Parts LLC |
Su |
180.11 |
|
26240 |
Altwine Hardware & Home LLC |
Su |
328.78 |
|
26241 |
American Legal Publishing Corp |
Svc |
550.00 |
|
26242 |
Barco |
Su |
438.00 |
|
26243 |
Bazile Aggregate Co LLC |
Su |
182.44 |
|
26244 |
Bomgaars |
Su |
90.81 |
|
26245 |
Bud's Sanitary Service LLC |
Svc |
5,517.00 |
|
26246 |
Carrot-Top Industries Inc |
Su- Flags |
1,350.81 |
|
26247 |
Casey's Business MasterCard |
Fuel |
69.98 |
|
26248 |
City of Plainview |
IRP Loan Pmt |
359.43 |
|
26249 |
City of Plainview Plv/Osm Housing |
Housing Loan Pmt |
50.60 |
|
26250 |
Classic Rentals |
Su |
147.56 |
|
26251 |
Eakes Office Solutions |
Copier Contracts |
412.01 |
|
26252 |
Eli Quelette |
Summer Intern- Library |
500.00 |
|
26253 |
Ellie Morgan |
Svc- Sub- lifeguard |
47.25 |
|
26254 |
Floor Maintenance |
Su |
79.00 |
|
26255 |
Gary Biggerstaff |
Meter Deposit Refund |
62.82 |
|
26256 |
Gayle Sellin |
Svc |
500.00 |
|
26257 |
Hawkins Inc |
Su |
5,924.29 |
|
26258 |
Hoffart Repair |
Svc |
84.26 |
|
26259 |
Hometown Leasing |
Copier Leases |
343.52 |
|
26260 |
Hoofin-It Trucking LLC |
Svc- Transfer Station |
250.00 |
|
26261 |
IIMC |
Membership Dues |
220.00 |
|
26262 |
Ingram Library Services |
Books/Audiobooks |
455.13 |
|
26263 |
Jackson Manufactures Company Inc |
Su- Book Return Library |
4,295.00 |
|
26264 |
Jarecki Sharp & Petersen PC LLO |
Legal Fees |
830.00 |
|
26265 |
Johnson Service Co |
Svc- Sewers |
50,100.00 |
|
26266 |
LP Gill Inc |
Svc |
9,375.09 |
|
26267 |
Matheson Tri-Gas Inc |
Su |
112.35 |
|
26268 |
Metering & Technology Solutions |
Su |
966.54 |
|
26269 |
Miller & Associates Consulting Engineers |
Svc |
1,990.15 |
|
26270 |
Mitch's Food Center |
Su |
1,686.97 |
|
26271 |
Municipal Supply Inc of Omaha |
Su |
4,018.52 |
|
26272 |
NE Public Health Env Lab |
Svc |
99.00 |
|
26273 |
Nebraska Library Association |
Conference Registration |
125.00 |
|
26274 |
NCPPD |
Svc |
8,212.40 |
|
26275 |
VOID |
||
|
26276 |
OCI |
1095/1096 Filing |
403.50 |
|
26277 |
Pierce Broadband Networks |
Svc |
56.59 |
|
26278 |
Plainview American Legion Aux |
Ads |
75.00 |
|
26279 |
Plainview News |
Legals |
6.55 |
|
26280 |
Plainview Telephone Co Inc |
Svc |
1,204.85 |
|
26281 |
Reardon Lawn & Garden |
Su |
558.26 |
|
26282 |
Rogers Repair |
Svc |
515.92 |
|
26283 |
Schaefer Grain Co |
Svc |
522.00 |
|
26284 |
Stan Houston Equipment Co Inc |
Rental Fee |
1,590.00 |
|
26285 |
Steinkraus Service |
Fuel/Flat Repair |
2,912.75 |
|
26286 |
Titan Machinery |
Su |
235.80 |
|
26287 |
Truck Center Companies |
Su |
2,136.34 |
|
26288 |
Uline |
Su |
81.20 |
|
26289 |
United Industries Inc |
Su |
30.74 |
|
26290 |
USA Bluebook |
Su |
594.40 |
|
26291 |
Western Oil, Inc |
Fuel |
1,086.40 |
|
ACH |
Aflac Inc |
Emp Ins |
243.32 |
|
ACH |
Allied Benefit Services |
Emp Ins |
14,622.45 |
|
ACH |
Black Hills Energy |
Svc |
546.63 |
|
ACH |
Colonial Life Processing Center |
Emp Ins |
412.58 |
|
ACH |
Crashplan Pro |
Svc |
9.99 |
|
ACH |
EFTPS |
Fed W/H Tax |
7,661.79 |
|
ACH |
EFTPS |
PCORI Fees |
56.67 |
|
ACH |
EFTPS |
Fed W/H Tax |
8,536.38 |
|
ACH |
Empower Retirement |
Pension |
2,332.24 |
|
ACH |
Empower Retirement |
Pension |
2,364.18 |
|
ACH |
First Data Merchant Svcs |
Svc |
26.75 |
|
ACH |
Dearborn Life Ins Co |
Emp Ins |
60.00 |
|
ACH |
FP Finance Program |
Postage Machine |
98.95 |
|
ACH |
Healthplan Services Inc |
Emp Ins |
75.90 |
|
ACH |
Midwest Bank |
NSF Return |
101.24 |
|
ACH |
Midwest Bank |
Merch Capture Svc |
50.00 |
|
ACH |
NE Dept of Revenue |
State W/H Tax |
2,172.81 |
|
ACH |
NE Dept of Revenue |
Sales & Use Tax |
1,542.22 |
|
ACH |
NPAIT |
Gen Acct Int July |
2,579.42 |
|
ACH |
Office Max |
Su |
295.78 |
|
ACH |
Poolweb |
Su |
354.00 |
|
ACH |
USPS |
Postage |
353.80 |
|
ACH |
Zoom Video Comm Inc |
Svc |
16.99 |
