Council Meeting Minutes June 8 2021

 

REGULAR MEETING OF THE CITY COUNCIL

TUESDAY JUNE 8, 2021

 

A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 8th day of June at 6:30 o’clock P.M. 

 

Roll call was held and present were: Mayor Schlote; Council Members: Alder, Smith and Sanne Absent: Yosten

 

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.

 

Jeremy Tarr was present as City Administrator

Courtney Retzlaff was present as City Clerk.

Bruce Curtiss was present as City Attorney.

 

Smith moved to approve the regular meeting minutes from May 8th. Alder seconded the motion. Motion carried 3-0.

 

Alder moved to approve claims and payroll. Smith seconded the motion. Motion carried 3-0.

 

Manor report was presented by Juleen Johnson who gave updates on COVID regulations for the facility. Johnson also stated that the Manor and Hospital foundations will be hosting a 4th of July celebration on July 5th on the north side of the Manor.

 

Police Chief Neumann reported on May calls for the department and also stated that Klown Days weekend went well.

 

Economic Development Director Susan Norris gave updates on the NAHTF housing grant with release of funds still to come, DTR applications were sent to DED for review and that Klown Days weekend was very well attended.

 

At 6:45 PM Mayor Schlote opened the public hearing for nuisance properties.

 

The property at 306 N 6th Street, Plv College Add Sub Div of S1-2 Outlot A Blk 1 Lot 10 & S1-2 Lot 11 did not complete the cleanup indicated and the property owner, Zeb Spaulding was not present to speak. Further action will need to be taken on the property to remove it from the nuisance list.

 

The property at 511 E Pilcher, Plainview Peed’s 2nd Add Blk 8 E1-2 Lot 5& 6 had completed the cleanup requested by the council. Roger Stewart was present to address the council and it was stated that the property had met the requirements set forth by council to remove it from the nuisance list.

 

The property at 214 S Maple, Plainview O.T. Blk 6 50’ Lot 23 and N 10’ Lot 22 had completed cleanup requested by council and Mike Kuhl was present to address the council. Council stated that the property looked better and it was no longer deemed to be a nuisance.

 

The property at 208 S Maple, Plainview O.T. Blk  Lot 26 had completed requested cleanup and Larry Babel was present to address the council. Babel stated the items in question belonged to a former renter and when they moved out he had disposed of the items. Council stated the property was cleaned up and no longer deemed a nuisance.

 

The property at 214 E Locust, Plainview Pacific Townsite Co 1st Add Blk 10 Lots 3-4-5 had not been cleaned up in accordance with the nuisance letter. Don Dasher, Jr. was not present to speak to the council and further action will need to be taken on the property.

 

The property at 107 S Pine, Plainview Pacific Townsite Co 1st Add Blk 1 Lots 23&24 had completed cleanup and Jeff Schaefer was present to address the council. Council stated that the property no longer was deemed a nuisance.

 

Smith made a motion to close the public hearing at 6:55 PM. Alder seconded the motion. Motion carried 3-0.

 

City Attorney Curtiss reported that paperwork for Mary’s Restaurant IRP and RDBG loans had been completed and Curtiss also provided a handout on the steps the City can take when addressing nuisance properties.

 

Mayor Schlote opened the public hearing for the LB840 Review at 7:00 PM

 

Mary Dougherty was present to give an update to the council on what the LB840 Board had done in the past 6 months which included a student loan repayment agreement for Ashley Dendinger and business loans for Mary’s Restaurant and Pure Revival, LLC.

 

Sanne moved to close the public hearing at 7:01 PM. Smith seconded the motion. Motion carried 3-0.

 

Mayor appointments to several boards were presented to the council for approval.

 

Ryan Ober was appointed to a 3 year term and Wim De Boeck to a 1 year term on the Zoning Board. Smith moved to approve the appointments. Alder seconded the motion. Motion carried 3-0.

 

Meg Anderson and Jamie Norris were appointed to 3 year terms and Joan Alexander a 1 year term on the Manor Board. Smith moved to approve the appointments. Alder seconded the motion. Motion carried 3-0.

 

Judy Beaudette was appointed to a 4 year term on the HandiVan Board. Sanne moved to approve the appointment. Alder seconded the motion. Motion carried 3-0.

 

Health Board recommendations for nuisance properties were presented to the council.

 

The property at the corner of Pond Street and Pilcher Avenue, Plainview Gould’s Add Blk 2 Lots 13-14-15 contains a building that has broken windows making it unsecure. Smith moved to send a letter to the property owner. Alder seconded the motion. Motion carried 3-0.

 

The second property is at 101 W Congress, Plainview Pacific Townsite Co 1st Add Blk 12 Lots 20-21-22 for an unlicensed vehicle and general cleanup. Sanne moved to send a letter. Alder seconded the motion. Motion carried 3-0.

 

The third property was at 106 W Locust, Plainview Pacific Townsite Co 1st Add Blk 12 Lots 4-7 for unlicensed vehicles.  Sanne moved to send a letter. Alder seconded the motion. Motion carried 3-0.

 

Discussion on the property at 104 S Elm Street, Plainview O.T. Blk 3 E1-2 Lot 2 was held. The property is overgrown with vegetation, the yard needs mowed and there is a mattress sitting outside the house. Sanne moved to send a letter. Alder seconded the motion. Motion carried 3-0.

 

Discussion on 807 E Park Avenue, Plainview Peed’s Add Blk 1 E 120’ Lots 4-5-6 was held. There are several unlicensed and inoperable vehicles around the property. Sanne moved to send a letter. Smith seconded the motion. Motion carried 3-0.

 

Discussion on the property at 302 S Main, 4-27-4 T.L. 10 4-27-4 .87 Acres was held as the property contains several inoperable and unlicensed vehicles. Smith to send a letter. Alder seconded the motion. Motion carried 3-0.

 

The council addressed properties that had previously been recommended by the council as nuisances and were sent a letter.

 

The first property at 105 S King Street, Plainview Pioneer Townsite Co Add Blk 10 Lot 10. The property contains inoperable and unlicensed vehicles, miscellaneous junk and debris in the yard and the garage has a hole in the roof that needs to be repaired. The council stated that progress was being made and will revisit at the next council meeting. Smith moved to revisit in July. Alder seconded the motion. Motion carried 3-0.

 

The next property is at 205 N 7th Street, Plainview Peed’s 2nd Add Blk 10 Lots 9&10. There are appliances, garbage and miscellaneous junk around the property that need to be disposed of properly. The cleanup has not met the requirements in the nuisance letter. Sanne moved to set a public hearing. Smith seconded the motion. Motion carried 3-0.

 

The property at 103 N Pine Street, Plainview Chilvers 6th Add Blk 9 Lot 11 has trash bags on the front porch and miscellaneous junk in the rear of the property. The cleanup has not met the requirements in the nuisance letter. Sanne moved to set a public hearing. Alder seconded the motion. Motion carried 3-0.

 

The property at 107 N Pine Street, Plainview Chilvers 6th Add Blk 9 Lot 9 contains miscellaneous junk in the backyard that needs to be disposed of properly. Cleanup has not been completed. Sanne moved to set a public hearing. Alder seconded the motion. Motion carried 3-0.

 

The property at 604 E Park Avenue, Plainview 4-27-4 T.L. 5 .43A contains several unlicensed/inoperable vehicles, boats and campers as well as iron and miscellaneous junk. The current fence on the property is falling in and needs to be removed as is does not meet height requirements for C-1 zoning. The owner has cleaned up a majority of the items noted in the nuisance letter and is working with the City on the fencing issues. Sanne moved to revisit the property in July. Alder seconded the motion. Motion carried 3-0.

 

The property at 104 N Main Street, Plainview Chilvers 1st Add Blk 2 Lot 2 & 8’ Lot 3 has an inoperable vehicle in the front of the property and miscellaneous junk in the front and rear of the property. Cleanup has not been made to the property. Alder moved to set a public hearing. Smith seconded the motion. Motion carried 3-0.

 

Sanne moved to approve payment of CDBG 20-DTR-005 Drawdown #2 for $885.00. Alder seconded the motion. Motion carried 3-0.

 

Zoning board recommendations for building permits were presented.

 

A building permit was submitted by Cory Miller for a house addition, garage, new basement and front porch at the property located at 301 N 4th Street, Plainview College Add Blk 17 Lots 5&6. The structures meet all requirements for R-2 residential zoning. Alder moved to approve the permit. Smith seconded the motion. Motion carried 3-0.

 

A building permit was submitted by Larry Lockman for a fence at the property located at 301 East Locust Ave, Plainview Pacific Townsite Co 1st Add Blk 4 Lots 15 & 16. The structure meets all requirements for R-3 residential zoning. Smith moved to approve the permit. Alder seconded the motion. Motion carried 3-0.

 

A building permit was submitted by Plainview Public Schools for a fence around the elementary playground area located at 301 West Woodland Ave, 33-28-4 TL 33 5.843 AC. The structure meets all zoning requirements for R-2 residential. Sanne moved to approve the permit. Smith seconded the motion. Motion carried 3-0.

 

City Attorney Curtiss updated on correspondence received from Husch Blackwell, LLC in response to Ordinance 964 passed to regulate small box discount stores. Curtiss had met with the zoning board and would like to work with the council and zoning board on adding necessary language to the zoning codes. Smith approved to work with the zoning board. Alder seconded the motion. Motion carried 3-0.

 

A meeting with all entities in town in regard to the City of Plainview LEOP plan will be held in the near future to discuss updates.

 

A brief presentation on possible increases to the transfer station and residential/commercial trash rates was given by City Administrator Tarr. Increased expenses and necessary maintenance were discussed. The council will continue to evaluate rates during the upcoming budget season.

 

Discussion was held on possible updates to allowing chickens in City limits. A committee was formed to discuss regulations and bring back to the council. Mayor Schlote appointed committee members Bob Smith, Bryon Alder, Gayle Sellin and Vickie Peterson

 

Motion was made by Alder and seconded by Smith to approve Ordinance No. 965 on its first reading.  Upon roll call vote, the following members voted AYE:  Alder, Smith and Sanne. The following voted NAY: none.  Motion carried 3-0.  Whereupon the Mayor declared said Ordinance No. 965 approved on its first reading.

 

It was moved by Alder and seconded by Smith to waive the second and third readings and approve Ordinance No. 965. Upon roll call vote, the following members voted AYE: Alder, Smith and Sanne  The following voted NAY: none.  Motion carried 3-0.  Whereupon the Mayor declared Ordinance No. 965 approved on its second and third readings.

 

 

ORDINANCE #965

 

AN ORDINANCE TO AMEND CHAPTER 6 SECTION 322.01 TO THE MUNICIPAL CODE OF THE CITY OF PLAINVIEW, NEBRASKA.

 

Whereas, the City Code requires update relative to discharge of fireworks;

 

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

 

Section 1. That Chapter 6, Section 322.01 of the Municipal Code of Plainview, Nebraska, be amended to read as follows:

 

 

  • 6-322.01 MISDEMEANORS; FIREWORKS; PERMITTED FIREWORKS.

            (1)  It shall be unlawful for any person to ignite or cause to be exploded fireworks or firecrackers of any description whatsoever, except those that comply with current Nebraska Law, and State Fire Marshall Regulations, and then only on and between June 24th and July 5th of each year.

            On the 4th of July fireworks may be discharged between the hours of 8:00 A.M. and 12:00 midnight; on all other days discharge of fireworks shall be limited to 12:00 noon to 10:30 P.M.  If the 3rd of July falls on a Friday or Saturday discharge of fireworks will be between the hours of 8:00 A.M. and 12:00 midnight.

 

            (2)  The provisions of this section shall not apply to any fireworks to be used for purposes of public exhibitions or display under authorization of the City Council or to fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal.

 

Section 2. Any other ordinance or section passed and approved prior to passage, approval and publication of this ordinance and in conflict with its provisions is repealed.

 

Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law.

 

 

Discussion was held on selling the farm ground located at the old lagoon property north of the transfer station. City Administrator Tarr is waiting on CRP pricing from the USDA before making any further decisions on the future of the land. The discussion will be tabled until later.

 

A discussion on upholstered furniture in lawns and on porches was held and council would like to include in the ordinance regulating nuisance properties. This will be revisited in July.

 

Council comments included questions on how to proceed with houses that need demolished and thanks to all who made Klown Days a success.

 

It was moved by Smith, seconded by Alder to adjourn the meeting. Motion carried 3-0.

 

 

TIME: 8:09 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 6/8/2021; 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)

14708

Hollman Media

Website Hosting

75.00

14709

Aflac

Emp Ins

808.73

14711

City of Plv Osm/Plv Housing

Housing Loan Pmt

51.51

14712

Western Oil, Inc

Fuel

270.58

14713

Plainview News

Ads/Su/Legals

3,335.34

14714

NENEDD

Pmt - Drawdown #1

2,715.00

14715

NENEDD

Pmt- Drawdown #5

615.00

14716

City of Plv Osm/Plv Housing

Housing Loan Pmt

42.00

14717

MASA

Emp Ins

126.00

14718

City of Plainview

Pool Sales Tax

8,541.17

14719

City of Plainview

Library Sales Tax

4,219.18

14720

City of Plainview

Manor Sales Tax

4,219.18

14721

City of Plainview

Eco Dev Sales Tax

4,219.18

14722

Midwest Bank

Emp HSA

350.00

14723

New York Life

Emp Ins

92.20

14724

Postmaster

Postage

201.24

14725

City of Plv Osm/Plv Housing

Housing Loan Pmt

51.51

22837

     

22839

City Employees

Payroll 5-14-2021

16,818.91

22840

     

22849

City Employees

Payroll 5-28-2021

15,575.35

22850

Addison Tiemens

Meter Deposit Refund

58.97

22851

Aflac

Emp Ins

808.73

22852

Akrs Equipment

Su

9.18

22853

Allison Hardisty

Reim

40.00

22854

Barco

Su

703.46

22855

Bomgaars

Su

83.60

22856

Bud's Sanitary Service LLC

Svc

4,752.00

22857

Burns Lumber Co LLC

Su

233.92

22858

City of Norfolk

Svc

201.75

22859

City of Plainview

LB840 Loan Pmt

80.00

22860

City of Plainview C&D Sinking Fund

Pmt

2,000.00

22861

Classic Rentals

Su

192.05

22862

Curt Hart

Reim- CDL License

59.50

22863

Bruce Curtiss DBA Curtiss Law Office

Legal Fees

1,250.00

22864

Electrical System Sinking Fund

Pmt

2,000.00

22865

Floor Maintenance

Su

106.72

22866

Great Plains Communications

Svc

51.13

22867

Hawkins, Inc

Pool Chemicals

3,049.10

22868

Hollman Media

Website Hosting

75.00

22869

Hometown Leasing

Copier Lease

247.19

22870

Jack's Uniforms & Equipment

Su

298.99

22871

JEO Consulting Group

Svc - Source Water

6,189.50

22872

Jeremy Tarr

Reim

174.84

22873

Johnson Repair

Svc

131.50

22874

Kaylene Christensen Estate

Meter Deposit Refund

126.02

22875

Knife River Midwest, LLC

Su

505.50

22876

Lorenz Automotive

Su

45.37

22877

Mahaska

Svc

55.20

22878

Matheson Tri-Gas

Su

37.33

22879

Menards

Su

807.13

22880

Mitch's Food Center

Su

514.41

22881

NDEE- Fiscal Services

SRF Loan Pmt

33,759.66

22882

NE Public Health Env Lab

Water Samples

30.00

22883

NRWA

Membership Dues

175.00

22884

ODB Company

Su

488.02

22885

Plainview Auto Supply

Su

116.44

22886

Plainview Telephone Co

Phone Svc

1,464.11

22887

Precision IT

Email Svc

50.00

22888

Schaefer Grain

Svc

561.00

22889

ULine

Su

75.98

22890

Water Tower Bond Acct

Pmt

2,800.83

22891

West Hodson Lumber

Su

3,895.62

22892

Winsupply Norfolk

Su

102.56

ACH

Allied Benefit Services

Emp Ins

10,540.91

ACH

Black Hills Energy

Gas

546.59

ACH

Casey's Business MasterCard

Fuel

368.05

ACH

Comm Bankers Merch Svc

CC Processing Fees

1,000.84

ACH

CrashPlan Pro

Monthly Svc

9.99

ACH

Deluxe Business Checks

Su

460.63

ACH

EFTPS

Fed W/H Tax

5,129.92

ACH

EFTPS

Fed W/H Tax

4,860.92

ACH

Dearborn Life Ins Co

Emp Ins

60.00

ACH

Healthplan Svcs Inc

Emp Ins

111.60

ACH

Mass Mutual

Pension

2,105.93

ACH

Mass Mutual

Pension

2,105.93

ACH

Maverick Labels

Su

96.35

ACH

Midwest Bank

NSF Return

81.94

ACH

Midwest Bank

Svc

50.00

ACH

NE Child Support Pmt Center

Pmt

32.50

ACH

NE Child Support Pmt Center

Pmt

32.50

ACH

NE Dept of Rev

State W/H Tax

1,643.67

ACH

NE Dept of Rev

Sales and Use Tax

2,893.66

ACH

Synchrony Bank/Amazon

Su

18.81

ACH

Synchrony Bank/Amazon

Su

67.87

ACH

Synchrony Bank/Amazon

Su

53.55

ACH

The Lifeguard Store

Swimsuits

382.22

ACH

Verizon Wireless

Cellphones

376.92

ACH

Zoom Video Comm

Svc

15.81

 

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