REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 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 September at 6:30 o’clock P.M.
Roll call was held and present were: Mayor Schlote; Council Members: Alder, Smith, 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.
Jeremy Tarr was present as City Administrator
Courtney Retzlaff was present as City Clerk.
Bruce Curtiss was present as City Attorney.
Alder moved to approve the regular meeting minutes from August 10th and the special meeting minutes from August 25th. Smith seconded the motion. Motion carried 4-0.
Smith moved to approve claims and payroll. Alder seconded the motion. Motion carried 4-0.
Manor report was given by Manor Administrator Juleen Johnson who gave COVID updates for the facility.
Police Chief Neumann reported on the August activities for the department which included dog calls, thefts and domestic calls.
Economic Development Director Susan Norris provided updates on the 4-plex housing project and the DTR Grant funding.
No City Superintendent report was given.
At 6:45 PM Mayor Schlote opened the public hearing for nuisance properties.
Discussion on the property at 302 S Main, 4-27-4 T.L. 10 4-27-4 .87 Acres owned by James Kuhl was held as the property contains several inoperable and unlicensed vehicles. The property owner had stated that he would not be present at the meeting but council agreed to move forward with a resolution for clean-up.
Discussion was held on the property 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 but the owner had spoken to city officials and adequate cleanup was completed. The property would be removed from the nuisance list.
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 move forward with a resolution for clean-up.
Sanne moved to close the public hearing at 6:49 PM. Alder seconded the motion. Motion carried 4-0.
City Attorney Curtiss reported that Kyle Petersen who had been working in his office here in Plainview was opening a branch in Clearwater. Petersen submitted a notice of potential resignation. Curtiss also stated that Colby 2021, LLC had filed a case in U.S. District Court against the City of Plainview in regards to Ordinance 964 that was passed in March of 2021.
Council member Alder introduced the following resolution and moved for its adoption:
RESOLUTION #635
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: Mary Ann Dean, and occupied by Joseph Borrego and
Described as:
(street address) 103 N Pine Street, Plainview, NE
(legal description) Lot Eleven (11), Block Nine (9), Chilver’s 6th 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: Remove trash bags and miscellaneous junk from front porch. Properly dispose of miscellaneous junk in backyard.
- That said actions shall be completed within the following time frame: Before September 30, 2021.
- That if said actions are not completed as required above, further action shall be taken as follows: Prosecution will be undertaken
Council member Smith seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Alder, Smith, Yosten and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #635 is passed
and adopted.
A revisit of nuisance properties from previous months was held.
Discussion on 807 E Park Avenue, Plainview Peed’s Add Blk 1 E 120’ Lots 4-5-6 was held. The unlicensed vehicles had been taken care of and cleanup completed around the property. Alder moved to remove from the nuisance list. Smith seconded the motion. Motion carried 4-0.
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. Alder moved to remove from the nuisance list. Smith seconded the motion. Motion carried 4-0. A revisit of multi-family housing regulations and any possible zoning violations will be discussed at the next council meeting.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #637
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: Jacob McHugh, and
Described as:
(street address) 104 S Elm St, Plainview, NE
(legal description) East One- half (E ½) of Lot Two (2), Block Three (3), Original Town 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: Yard needs mowed and there is a mattress in the yard outside the structure that needs to be disposed of properly.
- That said actions shall be completed within the following time frame: Before September 30, 2021.
- That if said actions are not completed as required above, further action shall be taken as follows: Prosecution will be undertaken
Council member Smith seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Alder, Smith, Yosten and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #637 is passed
and adopted.
Council member Smith introduced the following resolution and moved for its adoption:
RESOLUTION #638
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: James Kuhl, and
Described as:
(street address) 302 S Main Street, Plainview, NE
(legal description) That part of the Northwest Quarter of the Northwest Quarter of Section 4, Township 27 North, Range 4 West of the 6th P.M., Pierce County, Nebraska, described as follows: Commencing at the intersection of the Southerly extension of the center line of Elm Street and the Southwesterly line of Front Street, thence Southeasterly along the Southwesterly line of Front Street, a distance of 87.4 feet to the point of beginning of the parcel of land herein described; thence Southwesterly along a line at right angles to the last described course a distance of 105 feet to a point distance 8.5 feet Northeasterly, measured at right angles, from the center line of Chicago and Northwestern Railway Company Spur Track I.C. C. #26 , as said spur track in now located; thence Southeasterly in a straight line along a line parallel with said spur track center line a distance of 400.00 feet to a point on the Southerly, of Main Street a distance of 127 feet to a point on the Southwesterly line, or the extension thereof, of said Front Street; thence Northwesterly along the Southwesterly line and the extension thereof, of said Front Street, a distance of 331.0 feet to the point of beginning. Subject, however, to the rights of the public for highway purposes over the West Half of the Southerly extension of Main Street on the above described real estate.
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: Unlicensed and inoperable vehicles that must be removed and/or properly registered.
- That said actions shall be completed within the following time frame: Before September 30, 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, Smith, Yosten and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #638 is passed
and adopted.
Sanne moved to approve 20-DTR-005 Drawdown #4 in the amount of $3240 for administrative services with NENEDD. Yosten seconded the motion. Motion carried 4-0.
Sanne moved to approve 20-TFRH-35023 Drawdown #1 in the amount of $3825 for administrative services with NENEDD. Yosten seconded the motion. Motion carried 4-0.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #639
WHEREAS, the City of Plainview, Nebraska, has determined that they are in need of a new pickup;
NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, THAT:
- The City shall purchase a 2015 Ford F250 XL 4x4 pickup; VIN 1FT7W2B62FEB56711; from the Federal Surplus Property, and pay the same, in a sum not to exceed $18,500.00, out of the Municipal General Fund.
- A copy of this resolution shall be taken and accepted as evidence of the authority of such purchase.
Council member Smith seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Alder, Smith, Yosten and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #639 is passed
and adopted.
Zoning board recommendations for building permits were discussed.
Discussion was held on a permit submitted for a fence at 202 E Locust, Plainview Pacific Townsite Co 1st Add Bk 10 Lots 9-10-11-12. The property is zoned R-3 residential and meets all zoning requirements. Sanne moved to approve the permit. Alder seconded the motion. Motion carried 4-0.
Discussion was held on a permit submitted for a garage at 301 W. Pilcher Ave, Plainview Chilver’s 6th Add Blk 10. The property is zoned R-2 residential but the structure will meet all requirements based on the Public Use Overlay passed in August. Sanne moved to approve the permit. Smith seconded the motion. Motion carried 4-0.
Discussion was held on a permit submitted for a shed at 707 N 3rd Street, Plainview College Add Blk 12 (W1-2) 90’ & 150’ & Vacated Bell St-40’. The property is zoned R-2 residential and the structure meets all requirements. Sanne moved to approve the permit. Smith seconded the motion. Motion carried 4-0.
Discussion was held on a lot split at 102 and 106 North West Street at the properties owned by Rick Mosel and Wim De Boeck. City Attorney Curtiss stated that De Boeck would be acquiring land from Mosel. Smith moved to approve the lot split. Alder seconded the motion. Motion carried 4-0.
Motion was made by Smith and seconded by Alder to approve Ordinance No. 968 on its first reading. Upon roll call vote, the following members voted AYE: Alder, Smith and Sanne. The following voted NAY: Yosten. Motion carried 3-1. Whereupon the Mayor declared said Ordinance No. 968 approved on its first reading.
It was moved by Smith and seconded by Alder to waive the second and third readings and approve Ordinance No. 968. Upon roll call vote, the following members voted AYE: Alder, Smith, Yosten and Sanne The following voted NAY: none. Motion carried 4-0. Whereupon the Mayor declared Ordinance No. 968 approved on its second and third readings.
ORDINANCE #968
AN ORDINANCE OF THE CITY OF PLAINVIEW, NEBRASKA TO VACATE ELLSWORTH AVENUE IN BETWEEN LOT 6 OF BLOCK 29 AND LOT 1 OF BLOCK 30, COLLEGE ADDITION TO PLAINVIEW.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA:
Section 1. The City of Plainview, Nebraska, hereby vacates Ellsworth Avenue (hereinafter the “Street”) from the east side of Fifth Street to the west side of the alley in Blocks 29 and 30, College Addition to Plainview, Pierce County, Nebraska, as reflected in the plat map recorded in Book 12, Page 401, of the Plat Records of the Register of Deeds of Pierce County, Nebraska.
Section 2. Pursuant to Neb. Rev. Stat. §17-558 (2), whenever any street or avenue is vacated, such street or avenue shall revert to the owners of the abutting real estate, unless the city reserves title in the ordinance vacating such street or avenue. The City of Plainview hereby expressly waives any right to retain title to the Street vacated herein. The Street is approximately 80 feet wide, as shown in the aforementioned plat.
Section 3. By reason of such vacation, the north half of the Street in between Lot 6 of Block 29 and Lot 1 of Block 30, College Addition to the City of Plainview, Pierce County, Nebraska, as reflected in the plat map recorded in Book 12, Page 401, of the Plat Records of the Register of Deeds of Pierce County, Nebraska, reverts to the current owner of Lot 6, Block 29, College Addition to Plainview, Pierce County, Nebraska, Richard W. Hodson and Jennifer M. Hodson, as joint tenants with rights of survivorship, subject to the exceptions set forth in Neb. Rev. Stat. §17-558(5).
Section 4. By reason of such vacation, the south half of the Street in between Lot 6 of Block 29 and Lot 1 of Block 30, College Addition to the City of Plainview, Pierce County, Nebraska, as reflected in the plat map recorded in Book 12, Page 401, of the Plat Records of the Register of Deeds of Pierce County, Nebraska, reverts to the current owner of Lot 1, Block 30, College Addition to Plainview, Pierce County, Nebraska, Caden Alexander and Laura Alexander, as joint tenants with right of survivorship, subject to the exceptions set forth in Neb. Rev. Stat. §17-558(5).
Section 5. The City of Plainview in no way makes any warranties regarding the reverter intended to be effectuated by this Ordinance.
Section 6. Pursuant to Neb. Rev. State. §17-558(4), within 30 days of the effective date of this Ordinance, the City Clerk shall file a certified copy of this Ordinance with the Register of Deeds of Pierce County, Nebraska, to be indexed against the following affected lots:
Lot Six (6) of Block Twenty-nine (29) and Lot One (1) of Block Thirty (30), College Addition to the City of Plainview, Pierce County, Nebraska.
Section 7. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as required by law.
Motion was made by Smith and seconded by Alder to approve Ordinance No. 966 on its first reading. Upon roll call vote, the following members voted AYE: Alder, Smith and Yosten. The following voted NAY: Sanne. Motion carried 3-1. Whereupon the Mayor declared said Ordinance No. 966 approved on its first reading.
It was moved by Smith and seconded by Alder to waive the second and third readings and approve Ordinance No. 966. Upon roll call vote, the following members voted AYE: Alder, Smith and Yosten The following voted NAY: Sanne. Motion carried 3-1. Whereupon the Mayor declared Ordinance No. 966 approved on its second and third readings.
ORDINANCE #966
AN ORDINANCE TO PROVIDE REGULATIONS FOR KEEPING AND MAINTAINING CHICKENS WITHIN THE CORPORATE LIMITS;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA:
Section 1. That Chapter 6, Section 201 of the Municipal Code of Plainview, Nebraska, be revised to read as follows:
- 6-201 ANIMALS; CONTROLLED WITHIN MUNICIPALITY.
It shall be unlawful for any person to keep and maintain within the corporate limits any horse, mule, sheep, cow, goat, swine or other livestock, and it shall also be unlawful to keep and maintain within the corporate limits any chickens, geese, turkeys, or other fowl, unless otherwise provided in this Article.
Section 2. That Chapter 6, Section 208 of the Municipal Code of Plainview, Nebraska, be added to read as follows:
- 6-208 ANIMALS; CHICKENS WITH PERMIT.
(A) It shall be lawful for a person to keep and maintain chickens within the corporate limits, provided said person completely complies with this section and has received a Special Use Permit issued pursuant to this section, and including Special Use Permit Requirements.
(B) Chickens shall not be kept:
(1) On a lot or parcel of ground without a dwelling owned and occupied by the owner of the chickens as his or her primary residence;
(2) In numbers less than 2 or greater than 8 per lot or parcel of ground;
(3) Within coops or runs closer than 50 feet to a neighboring residence, unless the owner of the neighboring residence has provided written consent to the same; or
(4) Within coops or runs closer than 25 feet to a neighboring property line.
(C) Chickens are not allowed in a residence, porch or attached garage, or to run free. Chickens shall be confined in a coop in the backyard of a permittee’s residence with a minimum of 1 square foot per bird (144 square inches). The coup must be properly ventilated and must have a hard surface floor. An outside, enclosed run is permitted. The run should be no larger than 100 square feet, and it must be attached to the coop. The run shall provide a minimum of 3 square feet per bird. The run can have a dirt surface. The coop and run shall be built to keep animals from gaining entry and shall be built in a workmanlike manner from quality materials. Any feed shall be stored in steel sealed containers.
(D) No person shall, within the corporate limits, own, keep, or harbor live roosters or bantam chickens. The unlawful keeping or harboring of said animals is hereby declared to be a public nuisance.
(E) The owner of any chickens shall keep all structures wherein such fowl are kept in a clean and sanitary condition so as not to give off offensive odors that are a source of discomfort to persons residing in the vicinity thereof. The owner of any chickens shall not allow offal, manure, and waste material of such animal to accumulate or remain in the structures or areas upon which such chickens reside or are confined. Furthermore, the owner shall not dispose of offal, manure, and waste material or any other matter associated with the chickens in City trash or other City services or facilities. The maintenance or permitting of any of the foregoing conditions on any such lot or parcel of ground is hereby declared to be a public nuisance. The owner of any chickens shall in a sanitary manner remove or dispose of all offal, manure, and waste material accumulating from such chickens at least once every 30 days.
(F) Application for a permit to keep chickens shall be made to the Clerk, in writing, upon forms provided for that purpose by the Clerk. Such application shall contain the following information and documents in addition to such other information as the Clerk may desire:
(1) Name and residence of applicant;
(2) Location of premises where chickens are to be kept;
(3) The number of chickens to be kept (not less than 2 or more than 8);
(4) Statement of the method in which offal, manure and waste material accumulating from such chickens will be sanitarily disposed of;
(5) Attached diagram or plat of premises, showing dimensions of premises, the location and dimensions of the coop and run, and the distance from residence buildings, and property lot lines, either on the same lot or on adjacent property;
(6) Written consent by the applicant for law enforcement and city personnel to inspect the coop and run; and
(7) Written consent by any neighbor whose residence is within 50 feet of the applicant’s proposed coop or run.
(G) Applications for a permit to keep chickens shall be accompanied with an application fee of
$25.00.
(H) Any permit issued to keep any chickens shall be subject to revocation or suspension by the Clerk upon certification from law enforcement of a violation by the permittee of any of the provisions of this section or of the refusal of an inspection of a permittee’s coop or run.
(I) All permits issued to keep any chickens shall expire on the thirty-first day of May following the date of issuance, unless sooner revoked, and no permit shall be assignable or transferable either as to permittee or location.
Section 3. 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 4. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Mayor Schlote appointed Sanne as the NCG Annual Meeting representative for the City of Plainview. Smith moved to approve the appointment. Alder seconded the motion. Motion carried 4-0.
City Administrator Tarr presented the budget wage increases that were adopted on September 13 during the budget hearing. Sanne moved to approve the wage increases. Smith seconded the motion. Yosten and Alder voted no with Mayor Schlote voting yes to pass the wage increases 3-2.
Corrine Janovec gave a year end update on the Klown Doll and also presented on a future expansion for the facility.
Mayor Schlote appointed Bill Michael to the LB840 Board, CDA Board and DTR Committee to replace Bob Baird. Yosten moved to approve the appointment. Alder seconded the motion. Motion carried 4-0.
A lengthy discussion on current Ordinance 964 and the concerns over a possible food desert that the addition of a second small box discount store in city limits could create was held. Members of the community as well as local business owners address the council with concerns on the possibility of lost jobs for current businesses, limited access to fresh foods and the overall impact on Plainview if a second small box discount store were to be built.
At 8:22 PM Sanne moved to go into executive session to discuss litigation risk and potential outcomes relative to challenges to the “Small Box Store” Ordinance. Alder seconded the motion. Motion carried 4-0.
At 9:04 PM Smith moved to close the executive session. Yosten seconded the motion. Motion carried 4-0.
At 9:06 PM Mayor Schlote declared the meeting open to discuss litigation risk and potential outcomes relative to challenges to the “Small Box Store” Ordinance.
Alder moved to repeal current Ordinance #964. Yosten seconded the motion. Motion failed to pass 2-3 with Alder and Yosten voting aye; Sanne, Smith and Schlote voting nay.
Motion was made by Sanne and seconded by Alder to approve the amended Ordinance No. 964 on its first reading. Upon roll call vote, the following members voted AYE: Alder, Smith, Yosten and Sanne. The following voted NAY: none. Motion carried 4-0. Whereupon the Mayor declared said Ordinance No. 964 approved on its first reading.
It was moved by Sanne and seconded by Smith to waive the second and third readings and approve Ordinance No. 964. Upon roll call vote, the following members voted AYE: Alder, Smith, Yosten and Sanne The following voted NAY: none. Motion carried 4-0. Whereupon the Mayor declared Ordinance No. 964 approved on its second and third readings.
ORDINANCE #964
AN ORDINANCE OF THE CITY OF PLAINVIEW, NEBRASKA, to create a new code section in Chapter 11, Municipal Planning, Article 4.5, Section 11-4.5.1, Business Retention, Small Box/Variety Stores. Competition and Regulation
WHEREAS, the Mayor and City Council of the City of Plainview recognize that maintaining a full-service grocery store and a full-service pharmacy in a community the size of Plainview is of significant importance to the health and welfare of the citizens of Plainview and the surrounding area; and
WHEREAS, many similar small communities have lost their grocery stores and/ or pharmacies due to lack of volume of sales, and other over competition from other types of businesses that operate of a higher volume or low margin format, but frequently also offer less of the high quality fresh and healthy food products and full service pharmacy products; and
WHEREAS, it is the policy of the City of Plainview to attempt to structure and regulate the community business environment to support and maintain the best support for the health and welfare of its citizens;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA that 11-4.5.1 be created as follows:
Section 1. Administration;
Intent and Purpose. The purpose of this ordinance is to maintain and support the health and welfare of the citizens of Plainview, by:
- Promoting a community-based approach to the support and preservation of existing businesses that:
- Provide a business environment that devotes in excess of 60% of square footage to food products, including access to a full range of foods, fresh produce, fresh meats and dairy products; and/or
- Provide full service licensed pharmacy services, as well as over the counter drug products, support for drug programs at local medical and care facilities, and all related products normally stocked in a full-service pharmacy;
- Providing a community business structure that allows the business mentioned above to survive and thrive; and
- Avoiding over concentration of small box discount or variety stores, as defined below, that would threaten the financial viability and/ or existence of such food and pharmacy providers and businesses within the City of Plainview;
Section 2. Definitions.
The following terms shall have the meaning provided herein. Terms not defined herein shall have the meaning provided in the City of Plainview Zoning Ordinance and/or City Subdivision Regulations.
- Grocery Store: Retail store that provides assorted goods for sale, including but not limited to, food, beverages and personal health items. A minimum of 25% of sales floor area or more than 3,000 square feet of sales floor are dedicated to the sale of fresh or pre-packaged meats, fruits, vegetables ,and dairy, whichever is greater.
- Small Box Discount Store: Retail store that provides assorted, inexpensive items that are continuously offered at a discounted price that is usually under $10 per item. Products sold typically include processed food and drink items, personal hygiene products, household products, clothing items, office supplies and decorations. Gross floor area is typically less than 12,000 square feet. Does not include convenience retail stores.
- Convenience Retail Store: Retail store that provides fuel and assorted or specialty goods for sale, including food and beverages for off-premise consumption and personal health items. Small box discount stores are not included.
Section 3. Regulations of Small Box Discount Stores
To avoid over concentration, to be a Permitted Use within an otherwise acceptable zoning district, a small box discount store within the City of Plainview Zoning Jurisdictions shall not be closer than 1 mile (5,280 feet) from another existing small box discount store. If located under 5,280 feet from another such store this use is allowed by Special Use Permit (“SUP”) only. In addition to the criteria for a SUP set forth in the Zoning Code, when reviewing a request for SUP for a discount store use, the Planning Commission and City Council shall consider:
- Whether the proposed discount store may have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use.
- The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within one mile of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention.
- Whether the proposed use is within, an area that may become, a food desert , as defined by the United States Department of Agriculture at the time of application.
- Whether the proposed use may have a detrimental impact on the development or survival of full-service pharmacies.
It was moved by Smith, seconded by Yosten to adjourn the meeting. Motion carried 4-0.
TIME: 9:13 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 9/14/2021; 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.
____________________________________
Courtney Retzlaff, City Clerk/Treasurer (SEAL)
|
14790 |
New York Life |
Emp Ins |
92.20 |
|
14791 |
Municipal Pipe Services Inc |
Su |
1,000.00 |
|
14792 |
Western Oil, Inc |
Fuel |
864.29 |
|
14793 |
Schaefer Grain Co. |
Su |
26.00 |
|
14794 |
AFLAC |
Emp Ins |
808.73 |
|
14795 |
City of Plainview Osm/Plv Housing |
Housing Grant Pmt |
50.00 |
|
14796 |
Verizon Wireless |
Cellphones |
376.84 |
|
14798 |
NENEDD |
DTR Drawdown #3 |
1,200.00 |
|
14799 |
MASA |
Emp Ins |
126.00 |
|
14800 |
City of Plainview Osm/Plv Housing |
Housing Grant Pmt |
42.00 |
|
14801 |
Plainview News |
Su/Ads/Legals |
986.56 |
|
14802 |
City of Plainview |
Pool Sales Tax |
8,317.35 |
|
14803 |
City of Plainview |
Library Sales Tax |
4,385.58 |
|
14804 |
City of Plainview |
Manor Sales Tax |
4,385.58 |
|
14805 |
City of Plainview |
Eco Dev Sales Tax |
4,385.58 |
|
14806 |
City of Plainview Osm/Plv Housing |
Housing Grant Pmt |
103.03 |
|
14807 |
Midwest Bank |
Emp HSA |
350.00 |
|
14808 |
Postmaster |
Postage |
205.92 |
|
14809 |
Postmaster |
Postage |
22.88 |
|
23075 |
City Employees |
||
|
23091 |
Emp Payroll 8-13-2021 |
21,649.59 |
|
|
23092 |
City Employees |
||
|
23105 |
Emp Payroll 8-30-2021 |
16,936.35 |
|
|
23106 |
AFLAC |
Emp Ins |
808.73 |
|
23107 |
Akrs Equip |
Su |
112.40 |
|
23108 |
Alby's Electric |
Su |
752.65 |
|
23109 |
Ali Lundberg |
Reim- Sub Lifeguard |
58.50 |
|
23110 |
American Legal Publishing Corp |
Online Code Book |
1,098.00 |
|
23111 |
AWWA |
Membership Dues |
328.00 |
|
23112 |
Bomgaars |
Su |
160.09 |
|
23113 |
Bonta Lawn Care |
Svc |
112.00 |
|
23114 |
Eileen Bramer |
Reim |
25.30 |
|
23115 |
Bud's Sanitary Service |
Svc |
4,752.00 |
|
23116 |
Burns Lumber Co |
Su |
35.07 |
|
23117 |
Carrot-Top Industries |
Flags |
940.39 |
|
23118 |
City of Plainview C&D Sinking |
Pmt |
2,000.00 |
|
23119 |
Claire Rasmussen |
Intern Pmt |
275.00 |
|
23120 |
Classic Rentals |
Su |
190.96 |
|
23121 |
Bruce Curtiss DBA Curtiss Law Office |
Legal Fees |
1,250.00 |
|
23122 |
Dalson & Taylor Hitz |
Meter Deposit Refund |
73.08 |
|
23123 |
Donna Christiansen |
Reim |
122.64 |
|
23124 |
Electrical System Sinking Fund |
Pmt |
2,000.00 |
|
23125 |
Fairfield Inn & Suites |
Hotel Rooms |
233.90 |
|
23126 |
Farmers Pride |
Su |
91.89 |
|
23127 |
Federal Surplus Property |
Ford F250 |
18,500.00 |
|
23128 |
Floor Maintenance |
Su |
141.27 |
|
23129 |
Great Plains Communications |
Svc |
51.13 |
|
23130 |
Heartland Fire Protection Inc. |
Svc |
714.05 |
|
23131 |
Hoffart Repair |
Su/Svc |
1,511.62 |
|
23132 |
Hollman Media |
Svc |
75.00 |
|
23133 |
Hometown Leasing |
Copier Lease |
247.19 |
|
23134 |
Ingram Library Services |
Books/Audiobooks |
590.15 |
|
23135 |
JEO Consulting Group Inc |
Svc |
630.00 |
|
23136 |
Jeremy Tarr |
Reim- Mileage |
201.60 |
|
23137 |
John Nekuda |
Meter Deposit Refund |
266.66 |
|
23138 |
Jones Automotive |
Su |
161.56 |
|
23139 |
Kathleen Ransen |
Meter Deposit Refund |
150.00 |
|
23140 |
L.P. Gill Inc |
Svc |
16,383.94 |
|
23141 |
Love Signs |
Svc |
195.00 |
|
23142 |
Mahaska |
Su |
60.12 |
|
23143 |
Matheson Tri-Gas Inc |
Su |
37.33 |
|
23144 |
Menards |
Su |
52.96 |
|
23145 |
Midwest Laboratories Inc |
Water Samples |
380.00 |
|
23146 |
Miller & Associates Consulting Engineers |
Svc |
8,000.00 |
|
23147 |
Mitch's Food Center |
Su |
86.72 |
|
23148 |
Municipal Supply Inc of Omaha |
Su |
378.07 |
|
23149 |
NDEE- Fiscal Services |
Permit Renewals |
1,250.00 |
|
23150 |
NE Public Health Env Lab |
Water Samples |
367.00 |
|
23151 |
NE Library Assoc |
Conf Registration |
100.00 |
|
23152 |
NCPPD |
Svc |
12,267.11 |
|
23153 |
VOID |
||
|
23154 |
Plainview Auto Supply |
Su |
59.60 |
|
23155 |
Plainview Telephone Co |
Phone Svc |
1,329.92 |
|
23156 |
Productivity Plus Acct |
Su |
19.10 |
|
23157 |
Schaefer Grain Co. |
Svc |
573.00 |
|
23158 |
Sophia MacGregor |
Reim- Private Lessons |
2,340.00 |
|
23159 |
Stan Evans |
Svc |
200.00 |
|
23160 |
Steinkraus Service |
Fuel/Repairs |
8,939.40 |
|
23161 |
Utilities Section - LONM |
Membership Dues |
110.00 |
|
23162 |
Verizon Wireless |
Cellphones |
426.15 |
|
23163 |
Water Tower Bond Acct |
Pmt |
2,800.83 |
|
23164 |
West Hodson Lumber |
Su |
313.68 |
|
23165 |
Zee Medical Service |
Su |
28.55 |
|
ACH |
Allied Benefit Services |
Emp Ins |
10,540.91 |
|
ACH |
Black Hills Energy |
Svc |
230.41 |
|
ACH |
Black Hills Energy |
Svc |
35.97 |
|
ACH |
Black Hills Energy |
Svc |
141.54 |
|
ACH |
Casey's Business MasterCard |
Fuel |
478.31 |
|
ACH |
Comm Bankers Merch Svc |
CC Processing Fees |
1,085.38 |
|
ACH |
CrashPlan Pro |
Svc |
9.99 |
|
ACH |
EFTPS |
Fed W/H Tax |
5,992.09 |
|
ACH |
EFTPS |
Fed W/H Tax |
5,011.97 |
|
ACH |
Dearborn Life Ins Co |
Emp Ins |
60.00 |
|
ACH |
Healthplan Services, Inc |
Emp Ins |
111.60 |
|
ACH |
Mass Mutual |
Pension |
2,116.33 |
|
ACH |
Mass Mutual |
Pension |
2,116.33 |
|
ACH |
Midwest Bank |
NSF Check |
97.79 |
|
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 |
1,976.73 |
|
ACH |
NE Dept of Rev |
Sales & Use Tax |
3,733.42 |
|
ACH |
NE Law Enforcement Center |
Su- J Dietz |
135.00 |
|
ACH |
POAN |
Conf Registration |
100.00 |
|
ACH |
Synchrony Bank/Amazon |
Su |
101.23 |
|
ACH |
Synchrony Bank/Amazon |
Su |
42.74 |
|
ACH |
Synchrony Bank/Amazon |
Su |
32.77 |
|
ACH |
Synchrony Bank/Amazon |
Su |
27.80 |
|
ACH |
Zoom Video Comm Inc |
Svc |
15.81 |
