SPECIAL MEETING OF THE CITY COUNCIL
FRIDAY, AUGUST 28, 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 28th day of August at 9:00 o’clock A.M.
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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 at 9:21 A.M. 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.
Bruce Curtiss was present as City Attorney.
Also present were Torrey Gerdes and Brenda Spilker of Baylor Evnen, LLP. Joining the meeting via Zoom were Susan Wilson and Kerri Alvarez of EMC Insurance and Susan Foster of Baylor Evnen, LLP.
Joe Grant of Prentiss Grant, LLC presided as the mediator and explained the process that would be followed for the day. Grant reminded all present that discussion in executive sessions was confidential. Council member Yosten authorized Grant to speak on her behalf and stated that she was willing to recuse from City Council negotiations to avoid any accusations of impropriety.
At 9:29 A.M. Brookhouser moved to go into executive session for the purpose of negotiating potential resolution of employment-related matters for Chief Yosten. Smith seconded the motion. Motion carried 3-0.
At 9:31 A.M. Brookhouser moved to come out of executive session. Sanne seconded the motion. Motion carried 3-0.
At 9:33 A.M. Brookhouser moved to go into executive session to evaluate and consider the employment status of Chief Yosten, to protect his reputation and to discuss ongoing pending litigation with legal counsel. Smith seconded the motion. Motion carried 3-0.
At 12:15 P.M Brookhouser moved to come out of executive session for a brief recess. Sanne seconded the motion. Motion carried 3-0.
At 12:30 P.M. Brookhouser moved to go into executive session to evaluate and consider the employment status of Chief Yosten, to protect his reputation and to discuss ongoing pending litigation with legal counsel. Smith seconded the motion. Motion carried 3-0.
At 12:43 P.M. Brookhouser moved to come out of executive session for recess. Sanne seconded the motion. Motion carried 3-0.
At 1:40 P.M. Brookhouser moved to go into executive session to evaluate and consider the employment status of Chief Yosten, to protect his reputation and to discuss ongoing pending litigation with legal counsel. Sanne seconded the motion. Motion carried 3-0.
At 3:10 P.M. Brookhouser moved to come out of executive session for a brief recess. Smith seconded the motion. Motion carried 3-0.
At 3:19 P.M. Brookhouser moved to go into executive session to evaluate and consider the employment status of Chief Yosten, to protect his reputation and to discuss ongoing pending litigation with legal counsel. Sanne seconded the motion. Motion carried 3-0.
At 5:16 P.M. Brookhouser moved to come out of executive session for a brief recess. Sanne seconded the motion. Motion carried 3-0.
At 5:25 P.M. Brookhouser moved to go into executive session to evaluate and consider the employment status of Chief Yosten, to protect his reputation and to discuss ongoing pending litigation with legal counsel. Sanne seconded the motion. Motion carried 3-0.
At 7:32 P.M. Brookhouser moved to come out of executive session. Sanne seconded the motion. Motion carried 3-0.
Mayor Schlote announced that the council meeting was in open session at 8:04 P.M. and council member Yosten joined the meeting.
Brookhouser moved to approve the City entering into a compromise settlement following mediation to accept a release in full of all claims from Bruce Yosten and Pam Yosten in exchange for a payment of $115,000 and authorize the City to pay $57,500 toward the settlement with the remaining $57,500 to be paid by the City’s insurance carrier, EMC Insurance Companies. Smith seconded the motion. Motion carried 3-1 with Yosten abstaining.
It was moved by Brookhouser, seconded by Sanne to adjourn the meeting. Motion carried 4-0.
TIME: 8:05 P.M.
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Brian Schlote, Mayor
(SEAL)
ATTEST:
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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 8/28/2020; 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.
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Courtney Retzlaff, City Clerk/Treasurer (SEAL)
