City Council Meeting Minutes May 13 2025

 

 

REGULAR MEETING OF THE CITY COUNCIL

TUESDAY, MAY 13, 2025

 

A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 13th day of May at 6:30 o’clock P.M. 

 

Roll call was held and present were: Mayor Smith; Council Members: Born, Janovec, Sanne and Doty 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.

 

Courtney Retzlaff was present as City Clerk.

Jeremy Tarr was present as City Administrator

Kyle Petersen was present as City Attorney.

 

Janovec moved to approve the regular meeting minutes from April 8th and special council meeting on May 6th. Doty seconded the motion. Motion carried 4-0.

 

Sanne moved to approve claims and payroll. Janovec seconded the motion. Motion carried 4-0.

 

Juleen Johnson provided updates on the grievance policy and gift policy for the Manor and Assisted Living along with the proposed expansion/renovation project at the facility. Johnson also reported that this week is Nursing Home Week and there are activities planned for the residents.

 

Police Chief Hallock reported on the April 10th tabletop discussion held with local emergency responders, the schools, hospital and Manor on active threats. A reminder that all operators of an ATV, UTV or golf cart within City limits must have a valid driver’s license. In order to operator on the highway, the vehicle must have headlights, taillights and blinkers. Nuisance property updates were also provided.

 

City Administrator Tarr reported that the maintenance staff is working on summer projects and preparing the swimming pool to open for the season.

 

Janovec moved to approve the 2025-2026 NENEDD Membership Dues in the amount of $1,693.76. Doty seconded the motion. Motion carried 4-0.

 

Discussion was held on recent sewer main issues on north 4th Street and repairs needed. Johnson Service Company submitted an estimate for lining sewers on the following blocks: 4th Street and Ellsworth Avenue to 4th Street and Euclid Avenue; 3rd Street and Lincoln Avenue to 3rd Street and Harper Avenue; 2nd Street and Park Avenue to 2nd  Street between Park Avenue and Locust Avenue. Total estimate to complete the service will be $49,200. Janovec moved to approve the estimate from Johnson Service. Sanne seconded the motion. Motion carried 4-0.

 

Discussion was held on Miller & Associates recommendations for Test Well Project 351-C1-004. The work would include construction of test wells as well as the abandonment of City Well 62-1 (Weiseth). Bids were received from Downey Drilling, Inc for $120,980 and Sargent Irrigation, Inc. for $158,206 with Miller & Associates recommending the bid from Downey Drilling. Sanne moved to approve Miller & Associates recommendation for Test Well Project 351-C1-004. Doty seconded the motion. Motion carried 4-0.

 

Council member Janovec moved to amend Resolution #721 with the public auction to be held on June 9, 2025. Born seconded the motion. Motion carried 4-0.

 

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

 

RESOLUTION #721

 

A RESOLUTION TO AUTHORIZE THE SALE OF REAL ESTATE OWNED BY THE CITY OF PLAINVIEW LOCATED AT 222 E. LOCUST AVENUE IN PLAINVIEW VIA PUBLIC AUCTION  

            WHEREAS, the City of Plainview is the owner of real estate located at 222 E. Locust Avenue in Plainview and legally described as follows (hereinafter the “City Real Estate”):

Lot 1 and 2, Block 10, Pacific Townsite Company’s 1st Addition to Plainview, Pierce County, Nebraska.

            WHEREAS, Neb. Rev. Stat. § 17-503 provides that the sale of real property owned by the City shall be exercised by resolution directing the sale of such property.

 

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

            Section 1. The City of Plainview hereby directs the sale of the City Real Estate, specifically to sell the same at public auction held at the Plainview City Library on June 9, 2025. The buyer shall receive a quitclaim deed and shall pay all recording costs, documentary stamp taxes, and any other fee to record the deed. The buyer shall also pay all real estate taxes and shall accept the property “as is”.

Section 2. That notice of the proposed sale of property described above and the terms thereof shall be published once each week for three consecutive weeks in The Plainview News.

Section 3.  That if within thirty days after the third publication of the notice a remonstrance petition against the sale of the City Real Estate is signed by registered voters of the City of Plainview equal in number to thirty percent of the registered voters of the City voting at the last regular municipal election held in the City and is filed with the City Clerk, the City Real Estate shall not then, nor within one year thereafter, be sold.

Section 4.  That the Mayor is authorized to execute a purchase agreement with the winning bidder at the auction and an ordinance to confirm the sale shall be adopted prior to closing the agreement.

Section 5.  That all resolutions or parts of resolutions in conflict be and are hereby repealed.

 

Council member Born seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Born, Janovec, Sanne and Doty Nay: None. Whereupon the Mayor declared said motion carried and Resolution #721 is passed and adopted.

 

Sanne moved to open the public hearing for vacating Woodland Avenue between Pine Street and Maple Street at 7:00 PM. Doty seconded the motion. Motion carried 4-0.

 

Discussion was held on the request to close Woodland Avenue for proposed expansion by Plainview Public Schools. The closing of the street would only occur if the bond passed by Plainview School District No. 5 voters required the use of the area. City Administrator Tarr stated that the zoning board had recommended the closing of the street contingent on the passing of the bond. The area to be vacated would be between King Street and Maple Street, not Pine as listed.

 

Sanne moved to close the public hearing at 7:06 PM. Doty seconded the motion. Motion carried 4-0.

 

Sanne moved to approved vacating Woodland Avenue between King Street and Maple Street contingent to the approval of Plainview District No. 5 bond for proposed construction of addition to existing facility that would utilize the previously mentioned area. Doty seconded the motion. Motion carried 4-0.

 

 

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

 

RESOLUTION #722

 

WHEREAS, Nebraska law expressly allows public agencies to invest surplus or excess funds; and

WHEREAS, the Interlocal Cooperative Act, § 13-801 et seq. Neb. Rev. Stat. (Reissue 1991) provide that two or more public agencies jointly cooperate in the exercise or in the performance of their respective governmental functions, powers or responsibilities and may enter into joint agreements as may be deemed appropriate for such purposes when such agreements have been adopted by appropriate action by the governing bodies of the participating public agencies; and

WHEREAS, the Declaration of Trust (Interlocal Agreement) and an Information Statement relating to the Nebraska Public Agency Investment Trust and the Fixed Term Investment Service have been presented to this Governing Body; and

WHEREAS, the Declaration of Trust authorize the public agencies to adopt and enter into the Declaration of Trust and become participants of such trust and to participate in the Fixed Term Investment Service; and

WHEREAS, this Governing Bod deems it advisable for this Public Agency to adopt and enter into the Declaration of Trust and become a participant of the Nebraska Public Agency Investment Trust for the purpose of the joint investment of this Public Agency’s money with those other public agencies so as to enhance the investment earnings accruing to each such public agency and to participate in the Fixed Term Investment Service.

NOW, THEREFORE, be it resolved as follows:

  1. This Public Agency shall and does hereby join with other Nebraska public agencies in accordance with the provisions of Nebraska law and in accordance with the Interlocal Cooperative Act, as applicable, by becoming a participant of the Nebraska Public Agency Investment Trust, and the Declaration of Trust and Interlocal Agreement is hereby adopted by this reference with the same effect as if it had been set out verbatim in this Resolution. A copy of the Declaration of Trust is attached hereto and incorporated herein by this reference and shall be filed with the minutes of the meeting at which this Resolution was adopted.
  2. This Public Agency hereby delegates all authority and duties which the law otherwise authorizes it to delegate in accordance with the Declaration of Trust. The officers and officials of this Public Agency, as previously authorized at Nebraska CLASS, and their respective successors in office, are hereby designated as “Authorized Officials” and are authorized to take actions and execute any and all such documents and agreements as they deem necessary and appropriate to the effectuate the entry by this Public Agency into the Declaration of Trust, to effectuate the investment and withdrawal of monies of the Public Agency from time to time in accordance with the Declaration of Trust, and to make use of the Fixed Term Investment Service through the intermediaries PMA Financial Network, LLC and PMA Securities, LLC, who are authorized to act on behalf of this Public Entity as its agent with respect to such agreements.

The Authorized Officials of this Public Agency are also hereby authorized as “Authorized Signers” to invest the Public Agency’s available funds from time to time and to withdraw such funds from time to time in accordance with the provisions of the Declaration of Trust, including in the Fixed Term Investment Service.

An Authorized Official of this Public Agency shall advise the Nebraska Public Agency Investment Trust of any changes in the Authorized Signers in accordance the procedures established by the trust.

 

  1. The Trustees of the Nebraska Public Agency Investment Trust are hereby designated as having official custody of this Public Agency’s monies which are invested in accordance with the Declaration of Trust.
  2. Authorization is hereby given for members of this Governing Body and officials of this Public Agency to serve as Trustees of the Nebraska Public Agency Investment Trust from time to time if elected as such pursuance to the Declaration of Trust.
  3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution being the same are hereby rescinded.

Council member Janovec seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Born, Janovec, Sanne and Doty Nay: None. Whereupon the Mayor declared said motion carried and Resolution #722 is passed and adopted.

 

Council member Janovec moved to amend Resolution #723 to state that the east wall of the structure has a crack from top of building to foundation. Sanne seconded the motion. Motion carried 4-0.

 

 

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

 

RESOLUTION #723

 

 

A RESOLUTION TO DECLARE A STRUCTURE LOCATED AT 414 W. LOCUST AVENUE IN PLAINVIEW, NEBRASKA, AS AN UNSAFE BUILDING, TO RECORD THIS DETERMINATION, AND PROVIDE NOTICE TO PINNACLE TELEMARKETING LTD

            WHEREAS, PINNACLE TELEMARKETING LTD is the owner of real estate located at 414 W. Locust Ave., Plainview, Nebraska, legally described as follows (hereinafter the “Real Estate”):

                        Lot 7, Block 6, Original Town of Plainview, Pierce County, Nebraska;

WHEREAS, the Real Estate contains a commercial building in a dilapidated state (hereinafter the “Building”);

WHEREAS, PINNACLE TELEMARKETING LTD was dissolved for failure to maintain a registered agent on December 13, 2013;  

WHEREAS, the final occupation tax report of PINNACLE TELEMARKETING LTD provided that Joseph Grof was the President and Secretary of the corporation; and

WHEREAS, the Real Estate is currently not occupied.

 

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

            Section 1. The Building is hereby declared an unsafe building. This resolution shall constitute a written statement filed with the City Clerk pursuant to Plainview Municipal Code § 9-503.

            Section 2. The City Clerk shall cause the Real Estate to be posted as an unsafe building and shall file a copy of this Resolution with the Pierce County Register of Deeds.

Section 3. The City Clerk shall cause the following notice to be served via certified mail or personal service to Joseph Grof:

 

            To:       PINNACLE TELEMARKETING LTD

                        c/o Joseph Grof

                        PO Box 280

                        Plainview, NE 68769

 

owner of the premises known and described as 414 W. Locust Ave., Plainview, Nebraska, and legally described as Lot 7, Block 6, Original Town of Plainview, Pierce County, Nebraska

 

You are hereby notified that the commercial building situated on the premises above mentioned has been determined to be an unsafe building and a nuisance after inspection by the Plainview Chief of Police. The causes for this decision are:

  • The east wall has a crack from the top of the building almost to the foundation that is so substantial that it has breached the entire building, thereby making it possible to see completely through the wall.
  • The above crack makes the aforementioned building liable to cause injury or damage by the collapse or fall of all or any part of such structure.
  • Furthermore, due to the location of the aforementioned building within the business district, the same is unsafe because the west wall has loose or broken exterior surfaces of any nature that no longer provide a sound wall, or create a risk of injury to the public or to surrounding structures.

You must remedy this condition or demolish the building within sixty (60) days from the date of receipt of this notice or the City will proceed to do so. Appeal of this determination may be made to the City Council, acting as the Board of Appeals, by filing with the Clerk Clerk within ten (10) days from the date of receipt of this notice a request for a hearing.

 

Section 4.  That all resolutions or parts of resolutions in conflict be and are hereby repealed.

 

 

Council member Sanne seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Born, Janovec, Sanne and Doty Nay: None. Whereupon the Mayor declared said motion carried and Resolution #723 is passed and adopted.

 

 

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

 

RESOLUTION #724

 

A RESOLUTION TO AUTHORIZE THE SALE OF REAL ESTATE OWNED BY THE CITY OF PLAINVIEW LOCATED AT 105 S. MAPLE STREET VIA PUBLIC SALE

 

            WHEREAS, the City of Plainview is the owner of real estate located at 105 S. Maple Street in Plainview and legally described as follows (hereinafter the “City Real Estate”):

Lot 18 and the South 10 feet of Lot 19, Block 9, Kimball and Blair’s Addition to Plainview, Pierce County, Nebraska.

            WHEREAS, Neb. Rev. Stat. § 17-503.01 provides that the sale of real property owned by the Village for less than $5,000.00 shall be exercised by resolution directing the sale of such property.

 

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

 

            Section 1. The City of Plainview hereby directs the sale of the City Real Estate, specifically to sell the same for $4,999.00 to the first individual or entity providing the same to the City Clerk and agreeing to the terms of Section 2.

 

            Section 2. The buyer under Section 1 shall receive a quitclaim deed and shall pay all recording costs, documentary stamp taxes, and any other fee to record the deed.

 

Section 3. Notice of the proposed sale of property described above and the terms thereof shall be posted in three prominent places within the City for a period of not less than seven days prior to the sale of the property and said notice gave a general description of the property offered for sale and stated the terms and conditions of the sale.

Section 4.  That all resolutions or parts of resolutions in conflict be and are hereby repealed.

 

 

Council member Janovec seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Born, Janovec, Sanne and Doty Nay: None. Whereupon the Mayor declared said motion carried and Resolution #724 is passed and adopted.

 

Discussion was held on the use of Manor Sales tax funds for updates to the Securitas Healthcare Wanderguard system at the Plainview Manor. Total cost for the system is $29,327.91. Born moved to approve the purchase of the updated system with funding from Manor sales tax. Doty seconded the motion. Motion carried 4-0.

 

Discussion was held on the LB840 board recommendation for a business equipment loan for Brick Oven and Bakery not to exceed $40,000 with a 10 year repayment term at 4.5% interest. The business will be operated by Ann Daudt and located in the new building under construction by Cool Beanz Coffee Truck. Born moved to approve the LB840 board loan recommendation. Janovec seconded the motion. Motion carried 4-0.

 

Sanne moved to approve Application and Certificate for Payment No. 3 Final- Project No. 351-A1-003 for $40,000. This is for the final work completed on paving of Euclid Avenue between 2nd and 3rd Streets. Janovec seconded the motion. Motion carried 4-0.

 

Sanne moved to approve the bid for paving of Lincoln Avenue & Pine Street for Project No. 351-A1-004 in the amount of $875,041.50 from NLC, LLC. The total cost of the project will be shared with Plainview Public Schools. Doty seconded the motion. Motion carried 4-0.

 

City Administrator Tarr stated that budget discussion for FY 2025-2026 will start and that there are new budget forms from the State this year.

 

Public comments on curfew hours within the City of Plainview were addressed.

 

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

 

 

TIME:  7:36 P.M.

 

 

 

 

_______________________________

 

Robert Smith, 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 5/13/2025; 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)

 

 

GENERAL ACCOUNT

 

15924

NDEE Division of Drinking Water

Class Registration

280.00

15926

AllStar Parts LLC

Su

59.14

15927

City of Plainview Plv/Osm Housing

Housing Pmt

50.60

15928

CMBA Architects

Svc

900.00

15929

Verizon Wireless

Cellphones

468.55

15930

Cintas

Su

157.98

15931

Postmaster

Postage 

32.70

15932

MASA

Emp Ins

140.00

15933

City of Plainview

IRP Loan Pmt

632.65

15934

City of Plainview

Pool Sales Tax

5,701.34

15935

City of Plainview

Library Sales Tax

3,800.89

15936

City of Plainview

Manor Sales Tax

3,800.89

15937

City of Plainview

Eco Dev Sales Tax

3,800.89

15938

Postmaster

Postage

32.70

15939

Plainview Rural Fire Protection Dist

Donation- Land O Lakes

1,796.00

15940

New York LIfe

Emp Ins

92.20

15941

Pierce Co Treasurer

Taxes 107 W Locust

62.46

15942

Midwest Bank

Emp HSA April

881.00

25997

     

THRU

     

26000

City Employees

Payroll 4-15-2025

20,784.05

26001

     

THRU

     

26004

City Employees

Payroll 4-30-2025

20,445.26

26005

Aflac 

Emp Ins

286.94

26006

Allo Business

Svc

79.20

26007

Altwine Hardwire & Home LLC

Su

835.27

26008

American Legal Publishing Corp

Svc

380.10

26009

Andrew Funston

Reim

24.69

26010

Benchmark Government Solutions Inc

Svc

96.60

26011

Bob Smith

Reim

395.90

26012

Bomgaars

Su

187.96

26013

Bud's Sanitary Service LLC

Svc

5,517.00

26014

CHI Health

Svc

360.00

26015

City of Plainview

IRP Loan Pmt

191.73

26016

City of Plainview

IRP Loan Loss Reserve

4,202.27

26017

City of Plainview Plv/Osm Housing

Housing Pmt

50.60

26018

Classic Rentals

Su

193.67

26019

Consolidated Electrical Distributor

Su

2,332.11

26020

Dutton-Lainson Co

Su

4,681.34

26021

Eakes Office Solutions

Copier Contract

226.08

26022

Farmers Pride

Su

875.04

26023

Floor Maintenance

Su

487.12

26024

Hawkins Inc

Pool Su

4,402.02

26025

Hoffart Machine Repair

Svc

208.95

26026

Hollman Media

Svc

75.00

26027

Hometown Leasing

Copier Leases

343.52

26028

Ingram Library Services

Books/Audiobooks

459.28

26029

Jack's Uniforms & Equipment

Su

389.75

26030

Jarecki Sharp & Petersen PC LLO

Legal Fees/Svc

843.20

26031

Jeremy Tarr

Reim

462.79

26032

Johnson Service Company

Svc

13,147.20

26033

LP Gill Inc

Svc

9,423.42

26034

Largen Manufacturing Co

Su

271.00

26035

League Association of Risk Management

Gen Liability Ins

489.15

26036

League of NE Municipalities

Conf Registration

395.00

26037

MacQueen Equipment

Svc-Sewer Vac Truck

69,280.68

26038

Mahaska

Su

122.01

26039

Mark's

Su

307.43

26040

Matheson Tri-Gas Inc

Svc/Su

77.70

26041

Menards

Su

276.50

26042

Metering Technology Solutions

Su

521.22

26043

Midwest Service & Sales Co

Su

3,326.30

26044

Mitch's Food Center

Su

1,113.42

26045

Municipal Supply Inc of Omaha

Su

237.18

26046

NE Public Health Env Lab

Svc

46.00

26047

Nebraska Law Enforcement

Conf Registration

525.00

26048

NCPPD

Svc

7,464.68

26049

VOID

   

26050

NSA/POAN Law Enforcement Conf

Conf Registration

400.00

26051

One Office Solution

Su

149.00

26052

Pierce Broadband Networks

Svc

341.67

26053

Plainview Public Schools

Liq. License Fee

250.00

26054

Plainview Telephone Co Inc

Svc

2,241.39

26055

Playaway Products LLC

Su

1,754.90

26056

R.S. Technologies Inc

Svc

300.00

26057

Reardon Lawn & Garden

Su

150.62

26058

Schaefer Grain Co

Scale Tickets

396.00

26059

Special T's & More

Su

256.00

26060

Stan Houston Equipment Co Inc

Su

300.00

26061

ULine

Su

506.89

26062

Volkman

Svc

361.00

26063

West Hodson Lumber

Su

1,762.20

ACH

Aflac Inc

Emp Ins

243.32

ACH

Allied Benefit Services

Emp Ins

12,619.41

ACH

Black Hills Energy

Svc

463.17

ACH

Black Hills Energy

Svc

231.79

ACH

Colonial Life Processing Center

Emp Ins

412.58

ACH

Crashplan Pro

Svc

9.99

ACH

EFTPS

Fed W/H Tax

6,007.73

ACH

EFTPS

Fed W/H Tax

6,395.41

ACH

Empower Retirement

Pension

2,293.78

ACH

Empower Retirement

Pension

2,293.78

ACH

First Data Merchant Svcs

Svc

26.75

ACH

Dearborn Life Ins Co

Emp Ins

60.00

ACH

FP Finance Program

Postage Machine

237.95

ACH

Healthplan Services Inc

Emp Ins

75.90

ACH

Lakeshore Learning

Su

216.96

ACH

Microsoft Office

Subscription

106.99

ACH

Midwest Bank

NSF Return

110.96

ACH

Midwest Bank

Svc

50.00

ACH

Nebraska CLASS

Pmt- Gen Acct Int March

2,730.88

ACH

NE Department of Revenue

State W/H Tax

1,825.39

ACH

NE Department of Revenue

Sales & Use Tax

1,471.20

ACH

Synchrony Bank/Amazon

Su

400.52

ACH

USPS

Postage

321.44

ACH

Zoom Video Comm Inc

Svc

15.99

 

 

ECONOMIC DEVELOPMENT SALES TAX

 

1034

City of Plainview

Reim- Filing Fees

92.00

1035

Plainview News

Legals/Ads

33.27

 

 

KENO

 

1188

Plainview Cross Country

Keno Grant

1,300.00

1189

Plainview Klown Doll Museum

Keno Grant

2,977.00

 

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