SPECIAL MEETING OF THE CITY COUNCIL
MONDAY JUNE 14, 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 14th day of June at 6:30 o’clock P.M.
Roll call was held and present were: Council Members: Smith, Yosten and Sanne Absent: Alder and Mayor Schlote
Council President 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 west wall of the Council Chambers.
Notice of the meeting was given in advance thereof by Posting in three places for designated method for giving notice. 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.
David Lopez of Husch Blackwell, LLP and Tyler Oliver of Colby Capital, LLC were present to discuss with the council their concerns on Ordinance 964 that was passed in March and sets forth regulations for small box discount stores. Lopez said that the ordinance creates a closed class and prohibits competition from new business.
Lopez requested that the council repeal the ordinance and stated that Dollar General would not be in competition against other businesses in town. Lopez asked for the council to consider approval of a Special Use Permit for construction of the Dollar General if necessary.
Oliver presented on the sales projections possible for a store located in the City of Plainview and said that their business model is to have a store every 15 miles to accommodate for those who are not able to easily access large discount stores like a Walmart. Oliver stated that Dollar General does not model their sales projections on an existing business shutting down.
Lopez and Oliver both stated that they did not desire to enter into a legal battle with the City and would like to come to a common goal that would benefit all parties involved. Plans if they were to progress would be to start construction in the fall of 2021 with the store opening in March of 2022.
City Attorney Curtiss would like for the entire council to meet to discuss the information that was presented by Lopez and Oliver.
It was moved by Yosten, seconded by Sanne to adjourn the meeting. Motion carried 3-0.
TIME: 7:17 P.M.
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Robert Smith, Council President
(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 6/14/2021; 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.
