City Council Meeting January 11, 2022

14 Jan,2022

: Archived Minutes

City Council Meeting January 11, 2022

REGULAR MEETING OF THE CITY COUNCIL

TUESDAY, JANUARY 11, 2022

A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 11^th day of January 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.

Sanne moved to approve the minutes from the regular meeting on December 14 and special meeting on December 21. Alder seconded the motion. Motion carried 4-0.

Alder moved to approve claims and payroll. Smith seconded the motion. Motion carried 4-0.

Josh Sirek was present to discuss the options available for employee health insurance renewal that will go into effect on February 1, 2022. Sirek proposed moving from a PPO plan to reference based pricing which would eliminate the need for in-network or out of network provider requirements. Reimbursements would be based on Medicare rates. The City would still be with AllState Benefit Solutions. Council selected a plan that showed a 15.56% rate increase from the previous year and 90% coinsurance rate. Alder moved to approve the selected plan. Smith seconded the motion. Motion carried 4-0.

Manor Administrator Juleen Johnson provided COVID and staffing updates for the facility. Discussion was held on the Manor Administrator contract for 2022. The Manor Board proposed a 4% increase which brought Johnson’s annual salary to $117,772. Smith moved to approve the contract as presented. Sanne seconded the motion. Motion carried 3-1 with Yosten voting no.

Police Chief Neumann stated that New Year’s Eve was uneventful and that the department would be meeting with newly hired attorney Luke Henderson to work on nuisance properties.

Susan Norris gave updates on the Community Building, 4-plex housing project and DTR grant. Norris stated that she is currently working on 4 business plans for 2022 which include a hardware store, floral shop, bakery and a repair shop.

No City Superintendent report was given.

City Attorney Curtiss stated he will be reviewing the police files and sending to Luke Henderson to proceed with any further prosecution if necessary.

Mayor Schlote made several board appointments.

Larry Petersen and Jason Smith were recommended for reappointment to the Tree Board for 2 year terms. Sanne moved to approve the appointments. Yosten seconded the motion. Motion carried 4-0.

Amy Dummer was recommended for reappointment to the Park Board for a 3 year term. Sanne moved to approve the appointment. Yosten seconded the motion. Motion carried 4-0.

Jody Born was recommended to replace Judy Beaudette on the HandiVan Board with term ending June 2025. Sanne moved to approve the appointment. Yosten seconded the motion. Motion carried 4-0.

Alyssa Frahm was present to discuss a Keno Grant application submitted by the Post Prom Committee for a Hypnotist/Magician. The committee requested $1,000 to help cover the cost of the event. Sanne moved to approve the Keno grant. Yosten seconded the motion. Motion carried 4-0.

Appointments were made for the City Engineer and City Street Superintendent for 2022. Sanne moved to approve Miller and Associates as the City Engineer and Reed Miller, License S-514, Class A as the City Street Superintendent. Alder seconded the motion. Motion carried 4-0.

Motion was made by Sanne and seconded by Smith to approve Ordinance No. 972 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. 972 approved on its final reading.

ORDINANCE NO. 972

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, and for consistency and clarity, add the same to the City of Plainview Zoning Regulations as (307) Commercial Use Types (q) Retail Service at #3 Small Box Discount Stores.

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 grocery stores and/ or pharmacies due to lack of volume of sales, in part caused by competition from other types of businesses that operate of a higher volume or low margin format, but frequently also offer less fresh food products such as fresh fruit, vegetables, and meat, 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 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 and Zoning Regulation (307(q)(3) 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 prescription 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 prescription 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: A retail store with a floor area ranging from 2,000-15,000 square feet that offers for sale an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, household products, personal grooming and health products and other consumer goods, with the majority of items being offered for sale at lower than the typical market price. Small box discount stores do not include retail stores that: contain a prescription pharmacy; sell gasoline or diesel fuel; primarily sell specialty food items (e.g. meat, seafood, cheese, or oils and vinegars); or dedicate at least 15% of floor area or shelf space to fresh foods and vegetables.

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.

Full-service Prescription Pharmacy: Business providing prescription medications and pharmaceutical products in addition to over-the counter medical products, snacks, cleaning products, health and beauty products and sundries. A full-service pharmacy employs a licensed pharmacist.

Section 3. Regulations of Small Box Discount Stores

To avoid over-concentration, to be a Permitted Use within an otherwise acceptable zoning district, a new Small Box Discount store within the City of Plainview Zoning Jurisdiction 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 permitted 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 Small Box Discount Store may have a detrimental impact on the development of grocery stores and other businesses that sell fresh food items in the area to be served by the proposed use.
The availability of fresh food options in the area of the proposed use including the proximity of 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 may have a detrimental impact on the development or survival of Full-service Prescription Pharmacies.

Council member Alder introduced the following resolution and moved for its adoption:

RESOLUTION #647

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA AS FOLLOWS:

The Mayor and City Council hereby find and determine:

(a) That an Ordinance creating Street Improvement Project No. 2021-1 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-1 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.

(b) That an Ordinance creating Street Improvement Project No. 2021-2 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-2 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.

(c) That an Ordinance creating Street Improvement Project No. 2021-3 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-3 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.

(d) That an Ordinance creating Street Improvement Project No. 2021-4 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-4 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.

(e) That an Ordinance creating Street Improvement Project No. 2021-5 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-5 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.

(f) That an Ordinance creating Street Improvement Project No. 2021-6 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-6 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.

(g) That an Ordinance creating Street Improvement Project No. 2021-7 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-7 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.

(h) That an Ordinance creating Street Improvement Project No. 2021-8 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-8 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.

(i) That an Ordinance creating Street Improvement Project No. 2021-9 in the City of Plainview, Nebraska, was previously adopted by the Mayor and City Council; that notice has been given in accordance with law to the owners of record title of the property directly abutting the streets to be improved in said Project, advising said owners of their right to timely object to the creation of the Project; and that the written objections to the creation of Street Improvement Project No. 2021-9 of the City of Plainview, Nebraska, are insufficient to cause repeal of the ordinance creating said Project.

(j) Accordingly, the City will commence construction of improvements in Street Improvement Project Nos. 2021-1, 2021-2, 2021-3, 2021-4, 2021-5, 2021-6, 2021-7, 2021-8, and 2021-9 and will levy assessments on the lots and parcels of land abutting on or adjacent to the streets in the Projects in proportion to the benefits to such lots and parcels of land.

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 #647 is passed

and adopted.

Council member Sanne introduced the following resolution and moved for its adoption:

RESOLUTION #648

WHEREAS, the Mayor and City Council of the City of Plainview have received a request to update signature authority on the various Municipal accounts at Midwest Bank, N.A.,

AND WHEREAS, it is in the best interests of both the Bank and the City to keep such records current.

NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF PLAINVIEW, NEBRASKA, THAT signature power of the City’s accounts is set as follows:

150541 General Account

Current elected Mayor; Courtney Retzlaff; Melissa Forbes

150509 Housing Authority Account