REGULAR MEETING OF THE CITY COUNCIL
TUESDAY AUGUST 10, 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 10th day of August at 6:30 o’clock P.M.
Roll call was held and present were: Mayor Schlote; Council Members: Alder, Yosten and Sanne Absent: Smith
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.
Yosten moved to approve the regular meeting minutes from July 13th. Alder seconded the motion. Motion carried 3-0.
Alder moved to approve claims and payroll. Yosten seconded the motion. Motion carried 3-0.
No Manor report was given.
Police department report was presented by Chief Neumann. The 4th of July weekend went well. There has been an increase in thefts in town as well as in the county. Neumann reminded the public to make sure garages and cars were locked.
Susan Norris updated on the 4-plex project with a pre-construction meeting to be held on August 11. DTR Tier I & II environmental reviews were completed and business owners had been notified of their qualifying projects. Due to the increase in construction costs, all applicants will be able to receive the maximum of $20,000. Norris stated that round 2 for applications will be opening soon.
City Administrator Tarr presented the City Superintendent report.
City Attorney Curtiss stated that no new information has been received in regards to the small-box discount store Ordinance.
At 6:45 PM Mayor Schlote opened the public hearing for nuisance properties.
The first property is owned by Tanya Higgs at 101 W Congress, Plainview Pacific Townsite Co 1st Add Blk 12 Lots 20-21-22. The property owner was not present and council agreed to resend notice to the owner.
The property at 106 W Locust, Plainview Pacific Townsite Co 1st Add Blk 12 Lots 4-7 for unlicensed vehicles and general cleanup. Brett Miller was present and stated that the old pickup in the backyard he is working on fixing up and the appliances in the yard will be disposed of this weekend. The property would be taken off the nuisance list after cleanup was completed.
Discussion on the property at 104 S Elm Street, Plainview O.T. Blk 3 E1-2 Lot 2 owned by Jacob McHugh was held. The property is overgrown with vegetation, the yard needs mowed and there is a mattress sitting outside the house. The property owner was not present and council agreed to resend notice.
Sanne moved to close the public hearing at 6:48 PM. Yosten seconded the motion. Motion carried 3-0.
A revisit of nuisance properties from previous months was held.
The property owned by Roger & Lucy Christiansen is at 205 N 7th Street, Plainview Peed’s 2nd Add Blk 10 Lots 9&10. General cleanup had been completed around the property. There were still concerns on the camper that was being utilized as living quarters on the property. Zoning regulations on multi-family housing will be discussed at the next council meeting.
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. Sanne moved to create a Resolution for the September council meeting. 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. Mike Kuhl was present to speak to the council and stated that vehicles were licensed. Questions were again addressed on zoning regulations for storage of vehicles. Council asked that the windows in the building on the property be boarded up. Alder moved to revisit next month. Sanne 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. Questions were raised on zoning regulations for industrial properties. Sanne moved to set a public hearing for September. Alder seconded the motion. Motion carried 3-0.
At 7:00 PM Mayor Schlote the public hearing for the Creation of the Public Use Overlay District.
Dr. Arlt was present to discuss why the changes were necessary to accommodate the building setbacks as requested by Plainview Public Schools for construction of a 6-car garage.
Sanne moved to close the public hearing at 7:12 PM. Yosten seconded the motion. Motion carried 3-0.
Motion was made by Sanne and seconded by Yosten to approve Ordinance No. 967 on its first reading. Upon roll call vote, the following members voted AYE: Alder, Yosten and Sanne. The following voted NAY: none. Motion carried 3-0. Whereupon the Mayor declared said Ordinance No. 967 approved on its first reading.
It was moved by Sanne and seconded by Alder to waive the second and third readings and approve Ordinance No. 967. Upon roll call vote, the following members voted AYE: Alder, Yosten and Sanne The following voted NAY: none. Motion carried 3-0. Whereupon the Mayor declared Ordinance No. 967 approved on its second and third readings.
ORDINANCE NO. 967
AN ORDINANCE TO CREATE A PUBLIC USE OVERLAY DISTRICT
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA:
Section 1. In accordance with Section 534 of the Zoning Regulations of the City of Plainview (hereinafter the "Zoning Regulations"), this ordinance is hereby offered to establish a Public Use Overlay District.
Section 2. The City Council has received the recommendation of the Planning and Zoning Commission to create a Public Use Overlay District for 301 W. Woodland Avenue, Plainview, NE.
Section 3. Pursuant to Section 534(f) of the Zoning Regulations, the following statement of purpose is provided. The purpose of the proposed Public Use Overlay District is to permit the construction of a garage and other improvements on real estate owned by Plainview Public Schools without abiding by minimum setbacks required in the R-2 Zoning District. Said Public Overlay District would permit development siting similar to that permitted in commercial zoning districts.
Section 4. Pursuant to Section 534(f) of the Zoning Regulations, the following description of district boundaries is provided. The boundaries of the Public Use Overlay District are described as follows: All of Block Ten (10), Chilver's 6th Addition to the City of Plainview, Pierce County, Nebraska.
Section 5. Pursuant to Section 534(f), the following list of supplemental site development regulations and performance standards are provided.
Minimum Yards (feet)
(principal structure)
Front Yard: 0
Street Side Yard: 0
Interior Side Yard: 0
Rear Yard: 0
The above designated minimum yards provide no setbacks in the Public Use Overlay District, thereby permitting improvements on lot lines.
Section 6. Pursuant to Section 534(h) of the Zoning Regulations, The Public Use Overlay District created herein shall be shown on the City's Zoning Map.
Section 7. 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 8. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #634
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: John Ross Wortman and Alicia L Wortman, and
Described as:
(street address) 104 N Main Street, Plainview, NE
(legal description) Lot Two (2) and the South 8 feet of Lot Three (3), Block Two (2), Chilver’s 1st Addition to the City of Plainview, Nebraska
NOW THEREFOR BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, as follows:
- That the property described above does contain, and is hereby Determined to constitute a Public Nuisance according to City Code;
- That the Owner of said property is hereby ordered to remedy said public nuisance by taking the following actions: Miscellaneous junk in rear and front of property needs to be disposed of properly.
- That said actions shall be completed within the following time frame: Before August 31, 2021.
- That if said actions are not completed as required above, further action shall be taken as follows: Prosecution will be undertaken
Council member Alder seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Alder, Yosten and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #634 is passed
and adopted.
Discussion was held on passage of Resolution #635 for the property at 105 S King Street, Plainview Pioneer Townsite Co Add Blk 10 Lot 10. The property contained miscellaneous junk and debris that had not been cleaned up. Council stated that adequate cleanup had occurred and the property was no longer a nuisance. The resolution was not passed.
The zoning board had one recommendation for a building permit. Morgan Carpenter had applied for a permit for construction of fence at 208 N Main Street, Chilvers 4th Addition Lot 3 Block 5. The structure meets all R-3 zoning regulations. Yosten moved to approve the permit. Sanne seconded the motion. Motion carried 3-0.
The library board had conducted interviews for a Children’s Librarian to replace Eileen Bramer who will be retiring. The board recommended Tamela Korth of Pierce. Sanne moved to approve the hire of Korth. Yosten seconded the motion. Motion carried 3-0.
The library board recommended a wage of $15 per hour, 20 hours per week for Korth. Sanne moved to approve the wage. Alder seconded the motion. Motion carried 3-0.
Discussion was held on the application submitted to the Nebraska Liquor Control Commission for a corporate manager of Casey’s General Store, which included the Plainview location. Sanne moved to approve the application for Krystal Carter. Alder seconded the motion. Motion carried 3-0.
City Administrator Tarr discussed refinancing of the Midwest Bank loan for the paving of north 9th Street. The current loan has a balloon payment of approximately $80,000 that would be due in FY 2022. A new loan at 3.75% for 5 years was presented by Midwest Bank. Sanne moved to approve the refinance of the loan. Alder seconded. Motion carried 2-0 with Yosten abstaining.
Sanne moved to approve the Drinking Water State Revolving Fund contract in the amount of $20,000. Yosten seconded the motion. Motion carried 3-0.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #636
WHEREAS, the State of Nebraska Statues, sections 39-2115, 39-2119, 39-2120, 39-2121, and 39-2520 (2), requires an annual certification of program compliance of the Nebraska Board of Public Roads Classifications and Standards; and
WHEREAS, State of Nebraska Statue, 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 Alder seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Alder, Yosten and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #636 is passed
and adopted
Council member Alder moved to approve Drawdown #3 for 20-DTR-005 in the amount of $1200.00. Yosten seconded the motion. Motion carried 3-0.
Discussion was held on possible rental of the community building for outside business use. Cassie Stelling was present and would like to utilize the space for a boutique to sell clothing. The City would have a lease agreement with Stelling. Yosten moved to allow the use of the building by Stelling subject to a lease agreement. Alder seconded the motion. Motion carried 3-0.
The LB840 board recommended a small business loan to Farm Wives Market owned by Cassie Stelling for expansion of inventory and equipment upgrades. The loan would be in the amount of $9,200 for 5 years at 3.5% interest. Payments would begin on November 1, 2021. Sanne moved to approve the loan. Yosten seconded the motion. Motion carried 3-0.
Discussion on the ordinance regulating chickens in City limits will be tabled until September.
Discussion was held on updating the current City Code §4-302 on nuisances to include regulations on keeping indoor furniture on porches and lawns. Council member Sanne moved to approve Ordinance #968 on the first reading. Motion died due to lack of second.
City Clerk Retzlaff stated that the online code book would be completed in the next month and she would post accordingly when it is ready to go.
A brief budget workshop was held. Discussion was held on equipment needs and how to budget for a 3rd full-time police officer. City Administrator Tarr would like to have budget workshop on August 25th. Questions regarding the use of evaluations for wage increases were answered and reviews of the evaluations with the personnel committee and department supervisors will be scheduled.
City Administrator Tarr also stated that JEO Consulting will be holding on open house on September 15th to close out the Source Water Grant project.
It was moved by Sanne, seconded by Alder to adjourn the meeting. Motion carried 3-0.
TIME: 8:20 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 8/10/2021; 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)
|
14760 |
Midwest Bank |
Emp HSA July-Dec |
13,500.00 |
|
14762 |
City of Plv Osm/Plv Housing |
Pmt |
100.00 |
|
14763 |
Aflac |
Emp Ins |
808.73 |
|
14764 |
Verizon Wireless |
Cellphones |
377.12 |
|
14765 |
City of Plv Osm/Plv Housing |
Pmt |
42.00 |
|
14766 |
Claire Rasmussen |
Reim- Intern |
95.00 |
|
14767 |
Bonta Lawn Care |
Svc |
224.00 |
|
14768 |
Centurion Technologies Inc |
Svc |
100.00 |
|
14769 |
Eakes Office Solutions |
Copier Contract |
193.43 |
|
14770 |
Ingram Library Services |
Books/Audiobooks |
651.95 |
|
14771 |
Eileen Bramer |
Reim |
26.41 |
|
14772 |
Donna Christiansen |
Reim |
124.82 |
|
14773 |
Municipal Supply Inc of Omaha |
Su |
5,311.30 |
|
14774 |
Schoenauer Truck Repair |
Svc |
217.00 |
|
14775 |
Municipal Pipe Services Inc |
Su |
8,132.00 |
|
14776 |
Western Oil Inc |
Fuel |
759.33 |
|
14777 |
Norfolk Library Foundation |
Registration |
15.00 |
|
14779 |
Plainview News |
Ads/Legals/Su |
1,059.70 |
|
14780 |
MASA |
Emp Ins |
126.00 |
|
14781 |
City of Plainview |
Pool Sales Tax |
7,601.78 |
|
14782 |
City of Plainview |
Library Sales Tax |
3,825.62 |
|
14783 |
City of Plainview |
Manor Sales Tax |
3,825.62 |
|
14784 |
City of Plainview |
Eco Dev Sales Tax |
3,825.62 |
|
14785 |
Postmaster |
Postage |
28.35 |
|
14786 |
City of Plv Osm/Plv Housing |
Pmt |
51.51 |
|
14787 |
Midwest Bank |
Emp HSA July |
350.00 |
|
14788 |
Plainview American Legion Aux |
Ads |
40.00 |
|
14789 |
Postmaster |
Postage |
202.32 |
|
22986 |
|||
|
23002 |
City Employees |
Payroll 7-15-2021 |
22,837.63 |
|
23003 |
|||
|
23019 |
City Employees |
Payroll 7-30-2021 |
21,155.73 |
|
23020 |
Alby's Electric |
Su |
17.66 |
|
23021 |
Ali Lundberg |
Reim- Lifeguard Sub |
63.00 |
|
23022 |
Barco |
Su |
234.05 |
|
23023 |
Book Systems Inc |
Svc |
2,295.00 |
|
23024 |
Bud's Sanitary Service LLC |
Totes |
1,000.00 |
|
23025 |
Bud's Sanitary Service LLC |
Svc |
4,752.00 |
|
23026 |
Burns Lumber Co LLC |
Su |
6.87 |
|
23027 |
Buss Feed & Grain Trucking LLC |
Su |
150.00 |
|
23028 |
Chad's Tire Service |
Svc |
106.87 |
|
23029 |
City of Norfolk |
Svc |
126.75 |
|
23030 |
City of Plainview |
LB840 Loan Pmt |
80.00 |
|
23031 |
City of Plainview C&D Sinking Fund |
Pmt |
2,000.00 |
|
23032 |
City of Plv Housing Auth |
Pmt |
211.00 |
|
23033 |
Claire Rasmussen |
Reim- Intern |
630.00 |
|
23034 |
Classic Rentals |
Su |
179.03 |
|
23035 |
Bruce Curtiss dba Curtiss Law Office |
Legal Fees |
1,250.00 |
|
23036 |
Dawn Baue |
Reim- Pool Mgr Sub |
93.50 |
|
23037 |
Dell Marketing LP |
Su |
10,768.80 |
|
23038 |
DHHS Division of Public Health |
Water Lic- Mann |
28.75 |
|
23039 |
Donna Christiansen |
Reim |
33.11 |
|
23040 |
Electrical System Sinking Fund |
Pmt |
2,000.00 |
|
23041 |
Farmers Pride |
Su |
1,675.80 |
|
23042 |
Floor Maintenance |
Su |
78.72 |
|
23043 |
Francotyp-Postalia Inc |
Postage |
200.55 |
|
23044 |
Great Plains Communications |
Svc |
117.26 |
|
23045 |
Greg Eckhardt |
Meter Deposit Refund |
181.82 |
|
23046 |
Hawkins Inc |
Su |
1,207.97 |
|
23047 |
Hoffart Machine Repair |
Svc |
90.00 |
|
23048 |
Hometown Leasing |
Copier Lease |
247.19 |
|
23049 |
IIMC |
Membership Dues |
200.00 |
|
23050 |
Ingram Library Services |
Books/Audiobooks |
625.76 |
|
23051 |
Jones Automotive |
Su |
7,861.86 |
|
23052 |
L.P. Gill Inc |
Svc |
13,461.86 |
|
23053 |
League of NE Municipalities |
Membership Dues |
1,942.00 |
|
23054 |
Luke Webb |
Meter Deposit Refund |
192.94 |
|
23055 |
Mahaska |
Su |
115.32 |
|
23056 |
Matheson Tri- Gas Inc |
Svc |
37.33 |
|
23057 |
Menards |
Su |
194.83 |
|
23058 |
Miller & Associates Consulting Engineers |
Svc |
1,817.90 |
|
23059 |
Mitch's Food Center |
Su |
248.80 |
|
23060 |
Municipal Supply Inc of Omaha |
Su |
6,219.19 |
|
23061 |
NE State Fire Marshal/Boiler Div |
Boiler Inspection |
122.00 |
|
23062 |
NE Public Health Env Lab |
Svc |
47.00 |
|
23063 |
NE Municipal Clerks Assoc |
Membership Dues |
35.00 |
|
23064 |
NCPPD |
Svc |
12,140.60 |
|
23065 |
VOID |
||
|
23066 |
Plainview Auto Supply Inc |
Su |
799.38 |
|
23067 |
Plainview Telephone Co Inc |
Phone Svc |
1,375.33 |
|
23068 |
Precision IT |
Email Svc |
55.00 |
|
23069 |
Schaefer Grain Co |
Su/Svc |
585.00 |
|
23070 |
Steinkraus Service |
Fuel/Repairs |
2,797.70 |
|
23071 |
Tyler Baue |
Reim- Lifeguard Sub |
117.00 |
|
23072 |
United Industries Inc |
Su |
145.67 |
|
23073 |
Utilities Section |
Membership Dues |
852.00 |
|
23074 |
Water Tower Bond Acct |
Pmt |
2,800.83 |
|
ACH |
Allied Benefit Services |
Emp Ins |
10,540.91 |
|
ACH |
Black Hills Energy |
Svc |
140.62 |
|
ACH |
Casey's Business MasterCard |
Fuel |
251.35 |
|
ACH |
Comm Bankers Merch Svc |
CC Processing Fees |
940.60 |
|
ACH |
CrashPlan Pro |
Svc |
9.99 |
|
ACH |
Crowd Control Warehouse |
Su |
20.45 |
|
ACH |
EFTPS |
Fed W/H Tax |
6,656.94 |
|
ACH |
EFTPS |
PCORI Fees |
55.88 |
|
ACH |
EFTPS |
Fed W/H Tax |
6,075.48 |
|
ACH |
Dearborn Life Ins Co |
Emp Ins |
60.00 |
|
ACH |
Francotyp-Postalia Inc |
Postage |
1,000.00 |
|
ACH |
Healthplan Services Ins |
Emp Ins |
111.60 |
|
ACH |
L-Tron Direct Corp |
Su |
1,005.84 |
|
ACH |
Mary's Restaurant |
Su |
25.20 |
|
ACH |
Mass Mutual |
Pension |
2,116.33 |
|
ACH |
Mass Mutual |
Pension |
2,116.33 |
|
ACH |
Midwest Bank |
Svc - Merch Capture |
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 |
1,985.52 |
|
ACH |
NE Dept of Rev |
Sales & Use Tax |
4,214.88 |
|
ACH |
NE U.C. Fund |
Unemp Tax |
91.72 |
|
ACH |
Zoom Video Comm Inc |
Svc |
15.81 |
