SPECIAL MEETING OF THE CITY COUNCIL

TUESDAY, DECEMBER 21, 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 21^st day of December at 6:00 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.

 

At 6:00 PM Mayor Schlote opened the public hearing for Street Improvement Projects 2021-1 through 2021-9.

 

City Administrator Tarr presented guidelines for the public hearing and a list of questions that had been asked in previous weeks. Members of the community were invited to address the council on concerns with continuing the projects. Citizens that spoke against the projects had concerns with the costs associated and how that would impact the homeowners. There were also citizens who spoke in favor of the projects due to concerns with road conditions on gravel roads.

 

Sanne moved to close the public hearing at 6:17 PM. Smith seconded the motion. Motion carried 4-0.

 

Ord. No. 972 regarding zoning regulations of commercial use types, specifically, Small Box Discount Stores was presented for the second reading.

 

Motion was made by Smith and seconded by Sanne to approve Ordinance No. 972 on its second reading. Upon roll call vote, the following members voted AYE:  Smith, Sanne and Schlote. The following voted NAY: Alder and Yosten. Motion carried 3-2. Whereupon the Mayor declared said Ordinance No. 972 approved on its second reading.

 

The third reading of Ordinance No. 972 will be held at the next council meeting.

 

Ordinance No. 970 amending code section §4-302 Nuisances; Specifically Defined was presented for the third reading.

 

Motion was made by Sanne and seconded by Smith to approve Ordinance No. 970 on its third reading. Upon roll call vote, the following members voted AYE:  Smith, Sanne and Schlote. The following voted NAY: Alder and Yosten. Motion carried 3-2. Whereupon the Mayor declared said Ordinance No. 970 approved on its third and final reading.

 

ORDINANCE NO. 970

 

AN ORDINANCE TO ADD TO THE DEFINITION OF NUISANCES.

 

 

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

 

Section 1. That Chapter 4, Section 302 of the Municipal Code of Plainview, Nebraska, be amended to read as follows:

 

• 4-302 NUISANCES; SPECIFICALLY DEFINED.

 

            The maintaining, using, placing, depositing, leaving, or permitting of any of the following specific acts, omissions, places, conditions, and things are hereby declared to be nuisances:

 

1. Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetables matter, or the whole or any part of any dead animal, fish, or fowl.
2. Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous.
3. Filthy, littered or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises.
4. Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the Municipality.
5. Liquid household waste, human excreta, garbage, butcher’s trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity:  Provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the health officer of the Municipality, nor the dumping of non-putrefying waste in a place and manner approved by the health officer.
6. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles.

7(a) Trash, litter, rags, accumulation of barrels, boxes, crates, packing crates, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof;

      7(b) Mattresses or other bedding, furniture originally designed, intended, and sold for interior or household use (and thus generally not waterproof or weather resistant) when placed, used, or stored in an exterior location (lawn, patio, or porch) that is not totally enclosed and protected from rain or snow; this shall include but not be limited to all padded or “overstuffed” furniture, as well as wood furniture having padded portions, and any other interior furniture;

      7(c) Any other waste materials when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity, thereof.

1. Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which said buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof.
2. All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof.
3. Stagnant water permitted or maintained on any lot or piece of ground.
4. Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when said places in which said animals are confined, or said premises on which said vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the Municipality, or are maintained and kept in such a manner as to be injurious to the public health.
5. All other things specifically designated as nuisances elsewhere in this Code.

 

Section 2. 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 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

 

 

Motion was made by Sanne and seconded by Alder to approve Ordinance No. 973 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. 973 approved on its first reading.

 

Motion was made by Smith and seconded by Alder to waive the second and third readings of Ordinance No. 973. Upon roll call vote, the following members voted AYE: Alder, Smith Yosten and Sanne. The following voted NAY: None. Motion carried 4-0. Whereupon Mayor declared said Ordinance No. 973 approved.

 

ORDINANCE NO. 973

 

AN ORDINANCE TO Amend 4-211, Transfer Station Rates

 

 

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

 

Section 1. That Chapter 4, Section 211 of the Municipal Code of Plainview, Nebraska, be amended to read as follows:

 

• TRANSFER STATION & C&D SITE; RATES.

 

• All material not priced below “per item” must be weighed on certified scales and scale tickets provided to the City.

 

• Rates for the transfer station site shall be set as follows:

 

ONLY Authorized Waste allowed

 

• All material collected by City contract hauler (hauler paid by City of Plainview): per contract.
• All material collected and dumped by haulers other than City contracted hauler: Seventy-five dollars ($75.00) per ton, or $0.0375 per pound.
• In all cases, Fifteen dollars($15.00) minimum if charge per weight is less than that amount;
• In all cases, material bagged and totally inside trash bags: Five dollars ($5.00) per bag and need not be weighed.
• An extra Ten dollars ($10.00) per item will be charged for all electronics and furniture.
• Extra charges will be added for any unauthorized material dumped, at the discretion of the City, for proper removal and disposal.

 

• Rates for C&D Site shall be set as follows:

 

ONLY Authorized Waste allowed

 

• All material collected and dumped by haulers other than a City contracted hauler: Sixty-five dollars($65.00) per ton, or $0.0325 per pound;
• In all cases, Twenty dollars ($20.00) minimum if charge per weight is less than that amount.
• Extra charges will be added for any unauthorized material dumped at the discretion of the City for proper removal and disposal.

 

 

Section 2. 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 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

 

 

City Attorney Curtiss had been in contact with Mark Fitzgerald in regards to using their firm for prosecution of City citations. Luke Henderson is a partner with the firm and was present to speak to the council. A formal contract with Fitzgerald, Vetter, Temple, Bartell & Henderson would be signed with the City at a rate of $180 per hour for services provided. Smith moved to approve the contract. Sanne seconded the motion. Motion carried 4-0.

 

It was moved by Yosten, seconded by Alder to adjourn the meeting. Motion carried 4-0.

 

 

TIME: 7:09 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 12/21/2021; 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)