Blog Archives

September 2017

9/7/2017

CITY OF TERRYTOWN

COUNCIL MINUTES

The City of Terrytown Council met on Thursday, September 7, 2017, at 6:30 PM, for their regular monthly meeting at the Housing Authority, 89A Woodley Park Road in the City of Terrytown. Notice of said meeting was published in the Scottsbluff Star-Herald according to law and council members were notified of said meeting. The meeting was called to order at 6:30 p.m. by Mayor Kent Greenwalt. Council Members present were: Jerry Green, Cyinda Kriner, Chris Perales and Marcia Sherlock. Absent: None. Assistant City Clerk Tamera Leeling recorded the proceedings of the meeting. The minutes of the previous meeting were dispensed with.
The Pledge of Allegiance was recited by those in attendance. Mayor Greenwalt pointed out the location of the poster for the Open Meetings Act.
A public hearing required by state statute was conducted for the 2017-2018 Fiscal Year Budget for the year beginning October 1, 2017, to September 30, 2018. Lonnie Miller, City Administrator/Treasurer reviewed the proposed budget and opened the meeting up to public comments. Moved by Kriner and seconded by Green due to no public input to close the public hearing. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved.
There were no additions, changes, or emergency items added to the agenda.
Moved by Sherlock and seconded by Kriner to approve the minutes of August 3, 2017. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved.
Moved by Perales and seconded by Sherlock to approve Jerry Green’s conflict of interest for the payment of Clerk Linda Green’s wages.   Aye’s: Kriner, Perales and Sherlock. Nay’s: None. Motion approved.   Moved by Perales and seconded by Kriner to pay Clerk Linda Green’s wages. Aye’s: Kriner, Perales and Sherlock. Nay’s: None. Motion approved.
Payment of Claims:
KENO FUND: Nebraska Public Power District, Utilities, 105.63; A & A Porta-Potties, Portable Toilets, 500.00; Carpenter Center, Contribution, 250.00; Cozy, Inc., Sign, 130.00; GENERAL FUND: Capital Bank & Trust, Simple IRA Employer Match, 745.15; Independent Plumbing & Heating, Supplies, 21.20; One Call Concepts, Inc., Digger’s Hotline, 96.48; Respond First Aid Systems, Supplies, 61.02; Star-Herald, Publications, 263.79; Verizon, Cellular Service, 111.36; Robert Blanco, Jr., Wages, 440.91; Hugo Chairez, Wages, 1059.87; Tamera Leeling, Wages, 830.39; Dennis McLaughlin, Wages, 856.72; Nebraska Child Support, Child Support Payment, 246.94; Indoff, Supplies, 73.72; Nebraska Public Power District, Utilities, 183.82; Simmons, Olsen Law Office, Legal Fees, 1665.00; Barco, Signs, 174.74; John Deere Farm Plan, Repair & Maintenance, 282.77; Print Express, Supplies, 632.55; Western Plains Business Solutions, Copier Maintenance Agreement, 119.04; Henning’s Construction, Repairs & Maintenance, 3350.00; Charter Communications, Phone/Internet, 120.78; City of Scottsbluff, Repairs & Maintenance, 144.00; Windstream, Phone, 6.16; Moneywise Office Supply, Supplies, 29.31; Panhandle Area Development District, Heartland Express Meeting, 15.00; Guardian Insurance, Life Insurance, 21.00; Ellison, Kovarik Law Firm, Legal Fees, 472.50; Robert Blanco, Jr., Wages, 440.91; Hugo Chairez, Wages, 1087.73; Tamera Leeling, Wages, 830.39; Dennis McLaughlin, Wages, 884.48; Nebraska Child Support, Child Support Payment, 246.94; Principal Insurance, Vision Insurance, 41.55; Blue Cross Blue Shield, Health Insurance, 2747.04; Nebraska Department of Revenue, Waste Reduction & Recycling Fee, 25.00; Robert Blanco, Jr., Wages, 315.17; Hugo Chairez, Wages, 1124.86; Tamera Leeling, Wages, 830.39; Dennis McLaughlin, Wages, 877.55; Nebraska Child Support, Child Support Payment, 246.94; Bomgaar’s, Supplies, 27.42; Capital Bank & Trust, Simple IRA Employee Contribution, 800.00; Carpenter Center, Office Rent/Front Desk Supervision, 1154.00; Charter Communication, Phone/Internet, 170.92; Panhandle Co-Op, Repairs & Maintenance, 38.98; Cyclone Express, Fuel, 483.05; Dana
Page 2                   Continued                Payment of Claims
Cole & Co., Accounting, 1000.00; Panhandle Humane Society, Pest Control, 600.00; Ideal Linen, Supplies, 71.47; Intralinks, Repairs & Maintenance, 47.50; Johnson Cashway Lumber, Supplies, 30.45; Judy Hoatson, Bookkeeping, 370.00; Kent Greenwalt, Mileage, 119.90; Matheson, Supplies, 24.30; One Call Concepts, Digger’s Hotline, 78.78; Respond First Aid Systems, Supplies, 61.02; Scottsbluff Police Department, Police Labor, 7683.33; M.C. Schaff & Associates, Engineering, 345.00; Star-Herald, Publications, 315.75; Verizon, Cellular Service, 111.36; WATER FUND: Nebraska Public Power District, Utilities, 137.09; Enviro Service, Inc., Lab Fees, 18.00; Nebraska Public Power District, Utilities, 3868.96; B & C Steel, Supplies, 15.39; Bomgaar’s, Supplies, 4.90; Enviro Service, Inc., Lab Fees, 80.00; Henning’s Construction, Repairs & Maintenance, 785.00; HOA Solutions, Inc., Repairs & Maintenance, 426.00; Johnson Cashway Lumber, Supplies, 6.88; Northwest Pipe Fittings, Inc., Supplies, 873.47; Pipe Works Plumbing, Repairs & Maintenance, 624.12; M.C. Schaff & Associates, Engineering, 9611.25; Terry Carpenter, Inc., Well Lease, 438.00; SEWER FUND: Waste Connections, Trash Collection, 191.00; Enviro Service, Inc., Lab Fees, 132.00; City of Scottsbluff, Wastewater, 10089.49; Nebraska Public Power District, Utilities, 308.79; Enviro Services, Inc., Lab Fees, 132.00; M.C. Schaff & Associates, Engineering, 1300.00; Terry Carpenter, Inc., Sewer Lease, 150.00; Waste Connections, Trash Collection, 7325.84; STREET FUND: Nebraska Public Power District, Utilities, 2384.15; Nebraska Public Power District, Utilities, 590.00; Nebraska Public Power District, Utilities, 267.53; Henning’s Construction, Repairs & Maintenance, 6768.00. Moved by Sherlock and seconded by Green to approve the payment of claims as presented. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved.
Moved by Sherlock and seconded by Kriner to approve payment to Henning’s Construction regarding Terrytown’s Water System Project Phase I: Gering Connections Project in the amount of $137,847.85 pending agency concurrence. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved.
Residents expressed frustration over traffic problems with Spring Valley Lane and Woodley Park Road that were recently converted to one-way streets. Karen Baumann stated that when the two streets were changed to one-way traffic, more traffic problems were created on Terry Boulevard leading up to the Carpenter Center. Bob Nemnich, Director of the Carpenter Center, suggested that the problem could be solved by opening up the southwest corner of Michael Street that runs parallel to the center. It would give traffic and additional outlet because Terry Boulevard is currently the only street leading in and out of the center. A special meeting and public hearing will be held on Thursday, September 21, 2017, at 6:30 p.m. at the Housing Authority, 89A Woodley Park Road in the City of Terrytown to discuss the one way street issues only.
Cinda Munoz, Patriot Park Property Manager, addressed the council regarding nuisance complaints on the property. Eviction notices have been issued and two burned out mobile homes have been removed in an effort to clean up the park. Newer mobile homes are planned to be moved in to replace older existing mobile homes.
City Administrator/Treasurer discussed the total proposed expenditures budgeted for the 2017-2018 Fiscal Year Budget is $7,840,300. The budget reflects grants and loans to cover the cost of the $3.2 million water improvement project. The 2018 property tax request is $107,565, which is a levy amount of 0.433490.
City Administrator/Treasurer Lonnie Miller reviewed the July 2017 Financial Statements.

City Administrator/Treasurer Lonnie Miller recommended $80,000 be transferred from the electric fund to the general fund, $40,000 from the water fund to the general fund, $20,000 from the sewer fund to the general fund and $30,000 from the general fund to the street fund. Moved by Sherlock and seconded by Perales to approve the recommended cash transfers for the Fiscal Year ending on September 30, 2017. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved.

Page 3                   Continued                Website Development
City Administrator/Treasurer Lonnie Miller proposed entering into an agreement with Don Osborn d/b/a DBO Digital Marketing to develop a website for the City. The Council would like more information from Don Osborn regarding the website capabilities and services offered. Moved by Sherlock and seconded by Kriner to table the approval of a website creation by DBO Digital Marketing until the October city council meeting. Aye’s: Green, Kriner, Perales and Sherlock. Motion approved.

City Administrator/Treasurer Lonnie Miller requested entering into an agreement with Municipal Code Services, Inc. for codification services. The company will review and analyze existing ordinances to ascertain if they comply with current state statutes and incorporate existing ordinances. Moved by Perales and seconded by Sherlock to adopt the proposal of purchasing the complete codification services by Municipal Code Services, Inc. for $8,000 to be made in two payments. Aye’s: Green, Kriner, Perales and Sherlock. Motion approved.

Police Chief Kevin Spencer reported that work is being done on a community-funded WING Task Force grant which needs to be approved by the Nebraska Crime Commission. Police are working on assuring the public that the WING Task Force is in great shape, despite a discontinuance in state aid. The Chief is drafting a letter to citizens that outline the services available from the Scottsbluff Police Department and corresponding contact information.

City Attorney Libby Stobel discussed the Allo Guarantee Release Agreement. Nelnet, Inc. will guarantee certain obligations of Allo Communications, LLC to the City. Nelnet is the parent company of Allo and has an interest in the conduct of Allo in complying with the franchise. Moved by Kriner and seconded by Perales to approve the Allo Guarantee Release Agreement. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved.

City Attorney Libby Stobel addressed the City of Terrytown’s Board of Health concerns regarding current nuisances and poultry ordinances. These concerns were tabled until the codification services by Municipal Codes Services, Inc. is complete and a code book is in place.

City Engineer Jeff Wolfe presented a water project update. Henning’s Construction started work at the water tower and will continue south along Five Rocks Road and the east on Country Club Road. Once all of the main has been laid down, the City of Gering will assist in making the connection.

City Engineer Jeff Wolfe reported on the storm water management plan. The City of Scottsbluff has drafted an inter-local agreement with Scottsbluff, Terrytown and Gering to provide some storm water management services. At the next council meeting, an ordinance on water/sewer increases that will include storm water fees will be presented for approval.

Utility Supervisor Hugo Chairez reported on the current maintenance projects. The monthly trash collection day is continuing and the next event will be on September 16, 2017, from 8:00 a.m.-12:00 p.m. An increase in trash in alleyways has been noticed.

City Attorney Libby Stobel requested the approval of Ordinance No. 439: 2017-2018 Appropriations Budget presented by City Administrator/Treasurer Lonnie Miller. The actual budget must be provided in writing as required for the auditor. Moved by Perales and seconded by Sherlock to waive the three readings of the ordinance. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved. Moved by Sherlock and seconded by Perales to approve Ordinance No. 439: 2017-2018 Appropriations Budget. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved.

Page 4                   Continued                Ordinance No. 439
ORDINANCE NO. 439
AN ORDINANCE OF THE CITY OF TERRYTOWN, NEBRASKA, ADOPTING THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES; TO PROVIDE FOR AN EFFECTIVE DATE.
   BE IT ORDAINED by the Mayor and City Council of the City of Terrytown, Nebraska:
   1.   After complying with all procedures required by law, the budget presented and set forth in the            Budget Statement as approved as the Annual Appropriation Bill for the fiscal year beginning            October 1, 2017 through September 30, 2018. All sums of money contained in the Budget            Statement are appropriated for the necessary expenses and liabilities of the City of Terrytown. The        total expenditure for this purpose is $7,840,300. A copy of the budget document shall be            forwarded, as provided by law, to the Auditor of Public Accounts, State Capital, Lincoln, NE and to        the County Clerk of Scotts Bluff County, Nebraska, for use by the levying authority.
   2.           This Ordinance shall take effect and be in force following its passage, approval, and publication as        required by law.
           Passed and Approved on September 7, 2017.
                   Kent Greenwalt, Mayor of the City of Terrytown
ATTEST:
Linda Green, City Clerk

City Attorney Libby Stobel presented Resolution No. 17-6 requesting the property tax request for the prior year shall be the property tax for the current year for purposes of levies set by the County Board of Equalization. Also, a request a 1% increase to the total restricted funds authority. Moved by Sherlock and seconded by Green to approve Resolution No. 17-6: 2017-2018 Property Tax Request and Increase to Total Restricted Funds. Aye’s: Green, Kriner, Perales and Sherlock. Motion approved.
RESOLUTION NO. 17-6
   WHEREAS, Neb. Rev. Stat. §77-1601.02, provides that the property tax request for the prior year shall be the property tax request for the current year for purposes of levies set by the County Board of Equalization unless the governing body of the City of Terrytown passes, by a majority vote, a resolution setting the tax request at a different amount, in addition the City of Terrytown must take action to increase the total restricted funds authority; and
   WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request as well as an increase in the total restricted funds authority; and
   WHEREAS, it is in the best interest of the City of Terrytown that the property tax request for the current year be a different amount then the property tax request for the prior year and the City of Terrytown increase the total restricted funds authority by 1%.
Page 5                   Continued                Resolution No. 17-6
   NOW, THEREFORE, the City Council for the City of Terrytown, by a majority vote, resolves the following:
   1.   The 2017-2018 property tax request be set at $107,565.
   2.   The City has determined they should increase the total restricted funds authority by 1% for the            fiscal year beginning October 1, 2017 and ending on September 30, 2018.
3.   A copy of this Resolution be certified and forwarded to the County Clerk on or before October 1,    2017.
This Resolution shall become effective upon its passage and approval.
Pass and Approved on September 7, 2017.
                                                                       Kent Greenwalt, Mayor
ATTEST:
Linda Green, City Clerk
City Attorney Libby Stobel presented an ordinance order to regulate rules, regulations and permits governing block parties within the city. Moved by Sherlock and seconded by Kriner to waive the three readings of the ordinance. Moved by Sherlock and seconded by Perales to approve Ordinance No. 440. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved.

Page 6                   Continued                Ordinance No. 440

ORDINANCE NO. 440
AN ORDINANCE OF THE CITY OF TERRYTOWN, NEBRASKA CONCERNING APPLICATIONS AND PERMITS FOR USE OF RIGHT-OF-WAY AND STREETS FOR NEIGHBORHOOD BLOCK PARTIES, AND REQUIRING A PERMIT FEE FOR NEIGHBORHOOD BLOCK PARTIES.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF TERRYTOWN, NEBRASKA:

Neighborhood block party; defined. For the purpose of this Article, the words “Neighborhood Block Party” shall mean and include any event open to a specific, defined neighborhood or area where no admission fee is charged for attendance; where alcoholic beverages are not sold; where a city street is not closed more than six (6) hours; where the use of kybos/portapotties is not necessary; and where no other use of right of way permit is needed.
Any organization, private or public, or individual desiring to exclusively use a street or part thereof for a neighborhood block party must complete a block party application and submit the same to the Terrytown City Clerk, or his or her designee (the “City Clerk”) at least thirty (30) days prior to the event. The application must include a map of the specific area to be used and blocked off and shall, unless otherwise directed by the City Clerk, be from cross section to cross section so that no traffic can turn onto the closed street.
Permit; application; contents. The application for a Neighborhood Block Party shall set forth on a form to be furnished by the City:
1. The name, address, telephone number, and email address of the person or persons seeking to conduct the neighborhood block party,
2. The date and time of the neighborhood block party, an
3. The location of the neighborhood block party and which street or streets are requested to be used.
Permit; application; fee. When applying for a permit to use the right-of-way or sidewalks or streets for a Neighborhood Block Party, the applicant must pay a fee of $50.00 to the City.
Permit; standards for issuance. The City Clerk shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as otherwise obtained, he or she finds that:
1. All the addresses within the block party perimeter/boundary and all addresses affected by the neighborhood block party have been informed about the block party and have signed an event notification sheet.
2. Street closure requires the approval of the City. MUTCD approved signs, barricades, cones and the like shall be used for all street closures and must be obtained from the City of Terrytown. If the City is unable to supply the approved signs, barricades, cones and the like, because of other uses or because of other neighborhood block parties, then the City Clerk shall deny the applied for permit for that date.
3. Neighborhood block parties shall only be approved on local residential streets. Arterials, collectors, emergency snow routes or other streets necessary for traffic safety cannot be blocked.
4. Emergency vehicle access must be maintained at all times. Participants in the neighborhood block party shall not park cars or place other obstructions, including fireworks, which prevent emergency vehicle access.
5. On street parking shall not block driveways, fire hydrants, or travel lanes at any time.
6. If legal fireworks are used in the neighborhood block party, they must comply with any applicable ordinances and statutes of the State of Nebraska.
7. No open fires shall be allowed. Fires may be used for cooking only and must be screened. Smoke must be minimalized so as not to be deemed a nuisance; if deemed a nuisance, the fire shall be extinguished.
8. Amplified music shall not be permitted unless a noise permit is obtained from the City. Applicants must contact the City Clerk for a noise permit.
9. Tents and canopies shall not be allowed on public property, streets or right-of-way.

Page 7 Continued Ordinance No. 440

1. Alcoholic beverages may be consumed on private property only. Alcoholic beverages cannot be sold at the neighborhood block party.
2. Block parties shall end at 10:00 p.m. on weekdays and at 12:01 a.m. on the weekends and holidays.
3. Traffic barricades shall be removed and all party refuse, materials, and garbage shall be cleaned from the streets, sidewalks, and front yards within one hour of the end of the party. If the City of Terrytown is required to clean any neighborhood block party area, the applicant or applicants shall be charged a $250 cleaning fee.
4. No activity shall be conducted that conflicts with Federal, State, County, and/or City ordinances or regulations.
5. Applicants agree that the City of Terrytown and its official representatives shall not be held responsible for any and all claims or losses, which may occur as a result of the neighborhood block party.
6. The City of Terrytown will evaluate the conformance to these standards, which may affect future applications for a neighborhood block party at any applied for location.
7. The issued neighborhood block party permit shall be available on-site upon demand from any City of Terrytown official, police officer or firefighter. Failure to do so shall terminate and revoke any permit for a Neighborhood Block Party immediately.
8. The City of Terrytown has the right to revoke the permit for any neighborhood block party if it is determined that the neighborhood block party is detrimental to public morals or public welfare.
Permit; decision and timing on application. The City Clerk shall act upon an application within five (5) working days after the filing thereof. Applications must be submitted to the City a minimum of thirty (30) days in advance of a Neighborhood Block Party. If the City Clerk disapproves the application, he or she shall mail one of the applicants within five (5) days after the date upon which the application was filed, a notice of the denial, stating the reason for the denial of the permit. Such notice shall be mailed to an applicant at his or her address given in the application. Upon approval, the City Clerk shall immediately notify the City of Scottsbluff Police Department and Scotts Bluff County Communications Center.
Alternate permit. The City Clerk in denying an application for a Neighborhood Block Party permit, may instead authorize a Neighborhood Block Party on a date, at a time, or at a location different from that named by the applicant, and if the applicant desires to accept the proposed date, time and location, they shall notify the City Clerk within two (2) days of receiving the notice. The permit applied for shall conform to the other requirements of this Chapter. The alternate dates may arise depending upon the availability of MUTCD approved signs, barricades, cones used for street closures.
Permit application authority. The City Clerk shall have authority, in his or her sole discretion, to consider any application for a permit to conduct a neighborhood block party which is filed less than thirty (30) days, but more than twenty (2) days before the date such neighborhood block party is proposed to be conducted. Immediately upon granting the neighborhood block party permit, the City Clerk shall send a copy thereof to an applicant at the address listed in the application and shall also send a copy to the City of Scottsbluff Police Department, and the Scotts Bluff County Communications Center.
Permit; revocation. The City Clerk shall have authority to revoke a neighborhood block party permit if he or she finds that the standards for issuance set forth in this Article will not, or probably will not, be met notwithstanding the exercise of reasonable diligence on the part of the City or the Scottsbluff Police Department. The City Clerk, on the date of revocation of a permit, shall mail or deliver the permitee a notice in writing of the revocation stating the reasons therefore.
Permit; appeal. Any person aggrieved shall have the right to appeal the denial or revocation of a neighborhood block party permit to the City Council. The appeal shall be taken by filing a notice thereof with the City Clerk within ten (10) days after the mailing or delivery of the notice of denial or revocation. The City Council shall act upon the appeal within ten (10) days after its receipt.”

This Ordinance shall become effective upon its passage, approval and publication as provided by law.

Page 8                   Continued                Ordinance No. 440

This Ordinance shall become effective upon its passage, approval and publication as provided by law.
PASSED AND APPROVED on September 7, 2017.
                               Kent Greenwalt, Mayor
ATTEST:
Linda Green, City Clerk

Mayor Greenwalt discussed the Mini Municipal Conference for Elected Officials and Staff to be held on Monday, October 30, 2017, from 9:30 a.m. to 3:00 p.m.

For public interest it was moved to enter into closed session regarding a real estate purchase made by Sherlock, seconded by Perales. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved. Mayor Greenwalt, Council Member Jerry Green, Council Member Cyinda Kriner, Council Member Chris Perales, Council Member Marcia Sherlock, City Clerk Linda Green, Assistant City Clerk Tamera Leeling, City Administrator/Treasurer Lonnie Miller and City Engineer Jeff Wolfe entered closed session at 8:27 p.m. Motion made by Kriner and seconded by Green to exit the closed session at 8:58 p.m. Aye’s: Green, Kriner, Perales and Sherlock. Nay’s: None. Motion approved.

There being no further business to come before the Council, moved by Sherlock and seconded by Perales to adjourn to the next called special meeting and public hearing on Thursday, 21, 2017, at 6:30 PM, subject to the call of the Mayor. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.

                                                                                   ____________________________________
                               Mayor of the City of Terrytown
ATTEST:

_____________________________________
Assistant City Clerk

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