City Council Meeting November 30, 2020





A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 30th day of November at 6:15 o’clock P.M. 


Roll call was held and present were: Mayor Schlote; Council Members: Smith, Brookhouser and Sanne. Absent: Yosten


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 6:15 PM Mayor Schlote opened the public hearing for the rezoning of Plainview College Add Blk 23 from R-1 to R-3


The Zoning Board had previously recommended the zoning change necessary for the proposed four-plex housing project.


At 6:18 PM Brookhouser moved to close the public hearing. Sanne seconded the motion. Motion carried 3-0.


Sanne moved to approve the zoning change of Plainview College Add Blk 23 from R-1 to R-3. Brookhouser seconded the motion. Motion carried 3-0.


A recommendation was presented from the zoning board for a building permit for Rob Hoffman at his property located ¼ mile east of Plainview on the south side of Highway 20. The permit would be for construction of a camper storage building. The property is within the 1 mile jurisdiction of the City of Plainview and the permit meets all zoning requirements. Brookhouser moved to approve the building permit. Smith seconded the motion. Motion carried 3-0.


At 6:20 PM Mayor Schlote opened the public hearing for the lot split at 86471 538 Ave.


The Zoning Board had recommended the lot split for James Aschoff in the NE ¼ of the NE ¼ of Section 34, T28N, R4W of the 6th P.M., Pierce Country, Nebraska which lies within the 1 mile jurisdiction of the City of Plainview.


At 6:21 PM Brookhouser moved to close the public hearing. Smith seconded the motion. Motion carried 3-0.


Brookhouser moved to approve the lot split for James Aschoff. Sanne seconded the motion. Motion carried 3-0.


At 6:30 PM Mayor Schlote opened the public hearing for the TC Energy Special Use Permit.


Representatives from TC Energy and KLJ, Brittany Brockway, Brock Taylor and Travis Jones, presented the Special Use Permit Application to the City Council. The permit is for a Contractor Yard and would no longer include living accommodations for workers on the KXL Pipeline. Jones explained a few changes that had been made since the Zoning Board had recommended the permit on October 26th. Concerns on traffic flow on Highway 13 and 20 were addressed with NDOT, with the entrance to the facility moved along with requests for additional signage to notify motorists of increased traffic and turning vehicles.


The applicant representatives stated that discussion on water and sewer connections with the City of Plainview would be discussed once the permit was approved. The facility would have water and fuel storage on site, with all necessary safety measures followed to prevent runoff concerns. The area would only be used for staging of equipment and workers would be staying in communities near where they are performing their jobs. The site would follow COVID-19 precautions and EMT’s would be on site to handle non-emergent medical issues.


The site would be in operation by June or July of 2021 and an agreement would be signed with the City of Plainview for any work performed by City employees to assist in the construction of the site.


Council questioned why the site was chosen and company representatives stated that a study done prior to the application was submitted identified the area as the best location. The work performed by workers utilizing this facility would span 80-90 miles in either direction. TC Energy stated that the proximity to water, sewer and fuel service is a key factor in selecting a site and it is also dependent on obtaining lease agreements with land owners.


Brock Jones explained a typical day at the contractor yard with workers arriving between 5:30-7:30 AM each day, attending morning meetings and then leaving for their respective job sites. The workers would return each day between 5:30-7:30 PM before leaving for their lodging accommodations for the evening. The peak traffic times would be during these hours and the majority would be seen during the beginning of the construction project.


Public comments were then received by the council in regards to the permit. Art Tanderup, Jane Kleeb, Carolyn Smith, Dana Christensen, Mahmud Fitil and Nathan Stec spoke in opposition to the pipeline project. There were concerns on increased traffic, the continuing COVID-19 pandemic and workers living in our small communities.


Brook Curtiss read comments and questions from the public viewing online via the Plainview News.


Brook Curtiss spoke on the impact the contractor yard could possibly have on the local economy and urged the council to consider the pros and cons before making a decision. Joan Alexander expressed the same concerns as Curtiss and stated that the council had a tough decision ahead of them. City Administrator Tarr stated that TC Energy could move the site past the 1 mile jurisdiction which could still impact the City.


Council member Smith would like the specifics of the permit clarified for traffic and water concerns before any decisions are made.


Brookhouser moved to close the public hearing at 7:44 PM. Smith seconded the motion. Motion carried 3-0.


Brookhouser discussed concerns on the possibility for contamination to the City water supply if there would be any fuel spills at the contractor yard and also traffic regulations that have not been finalized by the NDOT. Sanne remained neutral on the subject of the permit.


City Attorney Curtiss stated that the council had 3 options on how to proceed with the permit. They could accept the permit as presented, table to receive additional information or deny the permit. Curtiss presented resolutions that could be used for the acceptance or denial of the permit.


Council member Brookhouser moved to deny the Special Use Permit from TC Energy for a Contractor Yard. Smith seconded the motion. Motion carried 2-1 with Sanne voting nay.


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




WHEREAS, the applicant, TransCanada Keystone Pipeline, LC (TC Energy), has applied for a special use permit to establish and operate a “contractor’s yard” within the zoning jurisdiction of the City of Plainview, Nebraska, and


AND WHEREAS, the Mayor and City Council of the City of Plainview have received the recommendation of the Planning Commission, held a hearing, and reviewed the same based on the criteria established in Table 12-1 of the Plainview Zoning Code, and the applicable regulations in the Zoning Code.




Pursuant to Article 12 of the Zoning Code, and in the exercise of the discretion of the City Council in the matter, the Special Use Permit Application shall be, and hereby is, Denied.


Council member Smith seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye: Smith, Brookhouser. Nay: Sanne Absent: Yosten. Whereupon the Mayor declared said motion carried and Resolution #623 is passed

and adopted.



It was moved by Brookhouser, seconded by Smith to adjourn the meeting. Motion carried 3-0.



TIME: 7:55 P.M.






Brian Schlote, 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 11/30/2020; 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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