REGULAR MEETING OF THE CITY COUNCIL
TUESDSAY JUNE 9, 2020
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 June at 6:30 o’clock P.M.
.
Roll call was held and present were: Mayor Schlote; Council Members: Smith, Brookhouser, 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 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.
Bruce Curtiss was present as City Attorney
Brookhouser moved to approve the regular meeting minutes May 12th and the special meeting minutes on June 2nd. Smith seconded the motion. Motion carried 4-0.
Brookhouser moved to approve claims and payroll. Sanne seconded the motion. Motion carried 4-0.
No Manor report was given.
Police report was given by Chief Yosten. Questions on restrictions for licensing vehicles at the county court house were answered.
Susan Norris presented the Economic Development report. Norris introduced 2 interns that are working for PCED during the summer, Marie Meis and Judith Grey. Updates were given on the grant for the proposed 4-plex project, Get NE Growing grant, and the online survey being conducted by Confluence for the DTR project.
City Superintendent Curt Hart stated the pool was filled today, reported on issues with sump pumps entering the sanitary sewer system and planned to work on shingling the Boy Scout House. Terry Baller’s last day working at the transfer station will be June 19th. Hart presented quotes for shingling the park shed in Chilver’s Park. Replacement costs for the current street sweeper were also discussed and will be added to the budget for next year.
Mayor Schlote recommended several appointments to city boards.
Kim Wolken was recommended for reappointment to the Manor board for 3 years. Brookhouser moved to approve the recommendation. Yosten seconded the motion. Motion carried 4-0.
Chad Schumacher was recommended for reappointment to the Zoning board for 3 years. Brookhouser moved to approve the recommendation. Yosten seconded the motion. Motion carried 4-0.
Lois Moser, Lois Patras and Lois Lubke were all recommended for reappointment to the Handivan board for 3 year terms. Brookhouser moved to approve the recommendations. Smith seconded the motion. Motion carried 4-0.
Traci Ober was recommended for appointment to the Housing board for a 5 year term. Brookhouser moved to approve the recommendation. Smith seconded the motion. Motion carried 4-0.
Dennis Johnson of Bush & Roe was present to discuss adding data compromise coverage to the City’s liability insurance. The policy would cost $992 per year. Brookhouser moved to add the cyber liability coverage. Smith seconded the motion. Motion carried 4-0. Johnson also presented the City’s dividend check in the amount of $14,586.51 from EMC Insurance.
The LB840 board recommended an additional $1,555.00 in emergency grant funds to Keystone Bar to bring the total for the business to $3,000.00. Brookhouser moved to approve the funds. Sanne seconded the motion. Motion carried 4-0.
The housing board recommended approval of a new Housing Rehab Project in the amount of $25,000.00. Brookhouser moved to approve project PLVW-HR-16. Sanne seconded the motion. Motion carried 4-0.
A public hearing for updates from LB840 was held at 7:00 PM
Board member Kevin Lingenfelter gave a recap of the board’s projects over the last 6 months which included the following: RDBG and LB840 loans for Plainview Family Pharmacy and Plainview 24/7 Fitness and Emergency Business Grants for businesses affected by COVID-19 closures.
Motion was made by Sanne and seconded by Brookhouser to approve Ordinance No. 956 on its first reading. Upon roll call vote, the following members voted AYE: Smith, Brookhouser, Yosten and Sanne. The following voted NAY: none. Motion carried 4-0. Whereupon the Mayor declared said Ordinance No. 956 approved on its first reading.
It was moved by Brookhouser and seconded by Smith to waive the second and third readings and approve Ordinance No. 956. Upon roll call vote, the following members voted AYE: Smith, Brookhouser, Yosten and Sanne. The following voted NAY: none. Motion carried, 4-0. Whereupon the Mayor declared Ordinance No. 956 approved on its second and third readings.
ORDINANCE 956
AN ORDINANCE TO amend the Zoning Code of the City of Plainview, Section 705 relative to Fence Regulations.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA:
Section 1. That Supplemental Site Development Regulations, Section 705, of the Municipal Zoning Code of Plainview, Nebraska, be amended to read as follows:
705 Fence Regulations
Subpart (E) Residential Fences
Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions.
1. Height, Basic: The maximum height of a fence within a required front yard or street side yard setback shall be 42 inches. The maximum height for any fence outside of a required front yard shall be seven feet.
2. Height, Exception for Street Side Yards: On corner lots, a fence built parallel to the street side yard line but set back in conformance with the required street yard setback may have a maximum height of six feet.
3. Exception to Openness Requirement: Fences built on residential property outside of required front or street side yards may exceed of 50 percent closed construction.
4. Height, Openness, Exception for Front Yards of Double Frontage Lots: A fence built within the required front yard of a double frontage lot may be a maximum of six feet in height and may exceed 50 percent closed construction if such lot fronts a major street, as defined in the Comprehensive Development Plan of the City of Plainview; and if such frontage does not provide primary access to the property.
5. Materials: Fences shall be constructed of wood, chain-link, PVC/resin, stone or masonry materials only. Wood fences shall utilize standard building lumber only.
6. Residential Swimming Pools: A closed or privacy fence with a height of at least six feet with a locking gate shall be required as a perimeter fence around a below ground open residential swimming pool, or a permanent, above-ground swimming pool.
7. Setbacks Bordering Private Property: Fence may be constructed on property line. This provision does not, however, authorize trespassing on adjoining property.
8. Fences on lot sides adjoining Municipal Streets, Setback: Such Fences shall be set back a minimum of Two (2) feet from the property line.
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.
Recommendations for building permits were presented from the zoning board.
A request for a fence by Roger Stewart at 511 E Pilcher was tabled by the council as the property was also on the agenda for nuisance cleanup per Health board recommendations. Brookhouser moved to table the permit. Smith seconded the motion. Motion carried 3-1 with Yosten voting no.
A request for a fence by Michael Holton at 401 E Locust met all requirements for an R-2 zoned property. Brookhouser moved to approve the permit. Sanne seconded the motion. Motion carried 4-0.
Jeff Bates submitted an application for a pergola at his R-3 zoned property at 309 E Locust. Brookhouser moved to approve the permit. Smith seconded the motion. Motion carried 4-0.
Patrick Thompson submitted an application for replacement and extension of an existing fence on his R-2 zoned property located at 512 N Main. Brookhouser moved to approve the permit. Sanne seconded the motion. Motion carried 4-0.
Doug Evans applied for a permit for a fence at his property located at 506 E Lincoln and zoned R-2 residential. Brookhouser moved to approve the permit. Sanne seconded the motion. Motion carried 4-0.
Health board recommendations for nuisance properties were presented to the council.
The first property was for Steve Beaudette at 305 N 4th Street. The property has junk and debris located on the east side of the garage. Brookhouser moved to send a letter to request cleanup of the property. Sanne seconded the motion. Motion carried 4-0.
Rogert Stewart’s property at 511 E Pilcher was recommended due to junk and debris in backyard, trash on west side of property and general cleanup around area. Brookhouser moved to send a letter. Smith seconded the motion. Motion carried 4-0.
The property at 306 N 5th Street owned by Zeb Spaulding has several large trees downed in the yard. The buildings on the property are not secured and need to be removed. Sanne moved to send a letter. Brookhouser seconded the motion. Motion carried 4-0.
Properties at 212 N Plum and 406 N 4th Street that were sent nuisance letters last month were discussed. A deadline of June 30th to complete cleanup was given by the council to both owners. Police Chief Yosten will contact the owner of 406 N 4th Street to request cleanup is finished. Yosten stated the property is in the process of being sold and he has spoken with the new owner. The City will contact Walt Friedrich in regards to 212 N Plum. Brookhouser moved to approve the June 30th deadline for both properties. Smith seconded the motion. Motion carried 4-0.
Council member Brookhouser introduced the following resolution and moved for its adoption:
RESOLUTION #603
WHEREAS the City of Plainview has communicated with certain property owners within the City regarding potential Nuisances on their property, as determined by the Board of Health; and
WHEREAS various Owners, having been notified according to law, have requested a hearing before the City Council to protest or review those determinations; and
WHEREAS the City Council has set and conducted such hearing on the property owned
By: Wanda Hanks, and
Described as:
(street address) 304 E Woodland, Plainview, NE
(legal description) Lot Twelve (12), Block Six (6), Peeds 2nd Addition to the City of Plainview, Pierce County, Nebraska
NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, as follows:
1. That the property described above does contain, and is hereby Determined to constitute a Public Nuisance according to City Code;
2. That the Owner of said property is hereby Ordered to remedy said public nuisance by taking the following actions: All debris from inside and outside the dwelling needs to be properly removed and disposed of; with a deadline for removal of personal property and demolition by owners being June 30, 2020. After that date remaining structures to be demolished and lot cleaned and leveled by City, with costs billed to owners and assessed to property.
3. That said actions shall be completed within the following time frame: Before June 30, 2020.
4. That if said actions are not completed as required above, further action shall be taken as follows: City will assume responsibility for cleaning up the property, bill all charges to the associated owner, Wanda Hanks, and assess unpaid costs to the property.
Council member Smith seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Sanne, Brookhouser, Smith and Yosten. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #603 is passed
and adopted.
Discussion on advertising for a police officer to fill the position vacated by Tyler Wells was held. Yosten moved to advertise. Motion died due to lack of second. Smith stated he would like to table discussion until pending workers compensation litigation by Chief Yosten is resolved. Brookhouser moved to table advertising until a later date. Smith seconded the motion. Motion carried 4-0.
An update on the search for a City Administrator was held. It was reported that 2 candidates were interviewed by a committee of citizens on June 4th. Mayor Schlote reported that Dan Knoell of Holdrege had since accepted another job offer. Seven applications were received and personnel committee felt that the remaining candidates did not have the qualifications and experience necessary for the position. It was decided to re-evaluate the job description and advertise again later this summer.
A request by property owners on north 6th street between Pilcher and Woodland Ave for the estimated costs to pave their road was discussed. Information will be obtained and brought back to the council to review. Sanne moved to request information for the project. Brookhouser seconded the motion. Motion carried 4-0.
The prior LB840 recommendation for a RDBG grant for Plainview Fitness 24/7 was updated as the USDA reported that the loan cannot be used for any building that contains a residence. The building to be purchased has an apartment above the business. The new LB840 loan amount would be $19,250 with the RDBG to supply $15,000. The City would need to match 23% of the RDBG loan amount, which would be $3,272. Brookhouser moved to approve the updated loan. Sanne seconded the motion. Motion carried 4-0.
A lengthy discussion on banning dog breeds within City limits was held. Concerns were brought forward that the current ordinance is not being followed by all citizens in the 3 years since it has been approved. All dog owners need to take responsibility for following the regulations set forth in the ordinance, regardless if they are included on the list of dangerous dogs. A concern on researching why ban breeds are being repealed was discussed. Mayor Schlote appointed council members Yosten and Smith to a subcommittee to research banning dog breeds.
City Attorney Curtiss reported that the Workers Compensation trial scheduled for June 9th for Chief Yosten has been continued to a future date. Curtiss would like to move forward with setting a hearing date for disciplinary action against Chief Yosten. Council would like to look at July 15, 16 or 17, dependent on availability of lawyers for both the City and Yosten.
Council comments included requests to obtain estimates to complete painting and repairs on the Bandshell and concerns over HIPPA violations on information discussed at council meetings. A request to finish the sand volleyball court was also brought forward to the council.
It was moved by Brookhouser, seconded by Yosten to adjourn the meeting. Motion carried 4-0.
TIME: 8:23 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 6/9/2020; 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)
|
ACH |
Allied Benefit Services |
Emp Ins |
7,709.65 |
|
ACH |
Black Hills Energy |
Gas |
593.73 |
|
ACH |
Casey's Business Mastercard |
Fuel |
268.66 |
|
14460 |
City of Plainview |
Manor Sales Tax |
3,307.50 |
|
14458 |
City of Plainview |
Pool Sales Tax |
6,056.81 |
|
14461 |
City of Plainview |
Eco Dev Sales Tax |
3,307.50 |
|
14462 |
City of Plainview |
Library Sales Tax |
3,307.50 |
|
14458 |
City of Plv Osm/Plv Housing |
Housing Loan Pmt |
51.51 |
|
14465 |
Collaborative Summer Library Prgm |
Summer Reading Su |
68.50 |
|
ACH |
Community Bankers Merch Svc |
Credit Card Processing Fees |
659.95 |
|
ACH |
Crashplan Pro |
Backup Svc |
9.99 |
|
14456 |
Curtiss Law Office PC LLO |
Legal Fees |
4,986.00 |
|
ACH |
EFTPS |
Fed W/H Tax |
4,072.62 |
|
ACH |
EFTPS |
Fed W/H Tax |
4,384.65 |
|
ACH |
Dearborn Life Ins Co |
Emp Ins |
54.00 |
|
ACH |
Francotyp-Postalia Inc |
Postage |
1,000.00 |
|
ACH |
Healthplan Services Inc |
Emp Ins |
82.20 |
|
14466 |
Ingram Library Services |
Books/Audiobooks |
479.66 |
|
ACH |
Koshin America Corp |
Su |
25.74 |
|
ACH |
Mass Mutual |
Pension |
1,837.55 |
|
ACH |
Mass Mutual |
Pension |
1,837.55 |
|
ACH |
Midwest Bank |
Merchant Capture Svc |
50.00 |
|
14464 |
Midwest Bank |
Emp HSA |
400.00 |
|
ACH |
NE Dept of Rev |
State W/H Tax |
1,171.95 |
|
ACH |
NE Dept of Rev |
Sales & Use Tax |
1,987.58 |
|
14463 |
New York Life |
Emp Ins |
92.20 |
|
ACH |
Office Max |
Su |
116.89 |
|
ACH |
Postmaster |
Postage |
27.80 |
|
14467 |
Postmaster |
Postage |
195.65 |
|
14455 |
Verizon Wireless |
Cellphones |
426.42 |
|
ACH |
Zoom Video Comm Inc |
Svc |
15.81 |
|
21977 |
|||
|
21982 |
City Employees |
Payroll 5-15-2020 |
12,946.13 |
|
21983 |
|||
|
21995 |
City Employees |
Payroll 5-29-2020 |
14,992.55 |
|
21996 |
Aflac |
Emp Ins |
475.41 |
|
21997 |
AKRS Equip |
Su |
7.12 |
|
21998 |
Arnold Oltjenbruns |
Reim- Handivan |
6.26 |
|
21999 |
Bill Dane |
Meter Deposit Refund |
196.37 |
|
22000 |
Bomgaars |
Su |
82.99 |
|
22001 |
Bonta Lawn Care |
Svc |
112.00 |
|
22002 |
Eileen Bramer |
Reim |
30.00 |
|
22003 |
Bud's Sanitary Service LLC |
Tote Lease |
1,165.21 |
|
22004 |
Bud's Sanitary Service LLC |
Svc |
4,752.00 |
|
22005 |
Candi Johnson |
Reim |
30.96 |
|
22006 |
Cecily Alder |
Meter Deposit Refund |
88.59 |
|
22007 |
City of Plainview |
LB840 Loan Pmt |
80.00 |
|
22008 |
City of Plainview C&D Sinking Fund |
Pmt |
2,000.00 |
|
22009 |
City of Plv Housing Auth |
Housing Loan Pmt |
222.00 |
|
22010 |
City of Plv Osm/Plv Housing |
Housing Loan Pmt |
93.51 |
|
22011 |
Classic Rentals |
Su |
187.17 |
|
22012 |
Curtiss Law Office PC LLO |
Legal Fees |
1,250.00 |
|
22013 |
Dd Steel |
Su |
21.12 |
|
22014 |
Donna Christiansen |
Reim |
188.49 |
|
22015 |
Electrical System Sinking Fund |
Pmt |
2,000.00 |
|
22016 |
Farmers Pride |
Oil |
2,201.41 |
|
22017 |
Floor Maintenance |
Su |
336.30 |
|
22018 |
Great Plains Communication |
Svc |
46.85 |
|
22019 |
Hawkins Inc |
Pool Chemicals |
1,935.82 |
|
22020 |
Hometown Leasing |
Copier Lease |
247.19 |
|
22021 |
Independent Pest Management |
Svc |
140.00 |
|
22022 |
J&H Produce |
Su - Park Flowers |
109.50 |
|
22023 |
JEO Consulting Group |
C&D Permit/Water Grant |
4,200.00 |
|
22024 |
Kimball-Midwest |
Su |
140.21 |
|
22025 |
LP Gill Inc |
Svc |
16,886.52 |
|
22026 |
Little Detroit Body Shop |
Svc |
130.00 |
|
22027 |
Mary Ann Dean |
Su |
300.00 |
|
22028 |
Matheson Tri-Gas Inc |
Su |
37.33 |
|
22029 |
Miller & Associates Consulting |
Street Improvement |
9,600.00 |
|
22030 |
Mitch's Food Center |
Su |
24.58 |
|
22031 |
Mitteis Gravel |
Gravel |
4,953.88 |
|
22032 |
Moeller Sprinkler Service |
Svc |
204.23 |
|
22033 |
NDEE- Fiscal Services |
SRF Semi-Annual Pmt |
34,012.15 |
|
22034 |
NE Public Health Env Lab |
Water Samples |
30.00 |
|
22035 |
NE Rural Water Assoc. |
Membership Dues |
175.00 |
|
22036 |
NCPPD |
Svc |
11,082.90 |
|
22037 |
VOID |
||
|
22038 |
Pierce Broadband Networks |
Computer- Plant |
550.00 |
|
22039 |
Plainview Auto Supply Inc |
Su |
477.33 |
|
22040 |
Plainview News |
Ads/Su |
1,245.21 |
|
22041 |
Plainview Telephone Co |
Svc |
1,260.08 |
|
22042 |
Power Pages |
Website |
2,500.00 |
|
22043 |
Steinkraus Service |
Fuel/Repairs |
1,454.50 |
|
22044 |
ULine |
Su |
65.41 |
|
22045 |
USA Bluebook |
Su |
1,575.94 |
|
22046 |
Water Tower Bond Acct |
Pmt |
2,800.83 |
|
22047 |
Waterlink Inc |
Qtrly Pmt |
539.24 |
|
22048 |
West Hodson Lumber |
Su |
4.76 |
|
22049 |
Whimsical Worlds |
Books |
135.00 |
