Council Meeting Minutes February 7 2023





A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 7th day of February at 6:30 o’clock P.M. 


Roll call was held and present were: Mayor Smith; Council Members: Alder, Born, Janovec and Sanne Absent: None


The Pledge of Allegiance was then recited.


Mayor 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 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 6:33 PM, Sanne moved to go into executive session to discuss litigation relative to Colby Capital. Janovec seconded the motion. Motion carried 4-0.


At 6:59 PM, Sanne moved to come out of executive session. Alder seconded the motion. Motion carried 4-0.


Allee Barton of Husch Blackwell and Tyler Oliver of Colby Capital were present via Zoom for the discussion of the SUP for development of a Dollar General.


City Attorney Curtiss presented 16 facts of findings for the council to consider in regards to SUP Criteria defined in Zoning Code Table 12-1. Mayor Smith reviewed each item for the council to consider, modify or select by motion. Concerns were made on providing van access in the parking lot and also the lack of data provided by the Nebraska Department of Transportation on the effect the proposed structure would have on surrounding residential areas.


Born moved to adopt all 16 findings as presented. Janovec seconded the motion. Motion carried 3-1 with Alder voting no.


City Attorney Curtiss then presented specific findings relative to the proposed use and municipal regulation of small box retail stores. Curtiss reviewed the 5 findings listed for the council. Sanne moved to approve all 5 findings as presented. Alder seconded the motion. Motion carried 4-0.


Based on the evidence received by the City Council, and the recommendations of the Plainview Zoning Board and Economic Development Director, it is moved that the SUP Application shall be granted, but conditional on and subject to additional requirements as follows:


  1. That applicant shall conduct further study and review of van and handicap access plans, and report to City Council;
  2. That applicant shall conduct further analysis of lighting, to avoid effecting surrounding residential property, and report to City Council;
  3. That applicant shall install an 8-foot white vinyl fence on the north and east property lines (except of course on highway and street right-of-way);
  4. That applicant shall conduct further study of traffic pattern issues, consulting with the Nebraska Department of Transportation, and report to City Council.


Alder moved to approve the SUP Application with the additional requirements as stated. Janovec seconded the motion. Motion carried 4-0.


Special Designated Liquor license applications were received from St. Paul the Apostle Catholic Church from 4:00-10:00 PM for their fish frys on February 24, March 10 and March 24. Alternate dates are March 3, March 17 and March 31. Sanne moved to approve the SDL’s as presented. Born seconded the motion. Motion carried 4-0.



Alder moved to adjourn the meeting. Sanne seconded the motion. Motion carried 4-0


TIME: 7:43 P.M.





Robert Smith, Mayor                                                                                                                                                                                                                                                







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 2/7/2023; 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)


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