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9/24/2019 September 2019CITY OF TERRYTOWN
COUNCIL MINUTES The City of Terrytown Council met on Thursday, September 5, 2019, at 6:30 PM, for their regular meeting at the Housing Partners of Western Nebraska Community Room, 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 PM by Mayor Chris Perales. Council Members present were: Tyler Feil, Jerry Green, Michael Minzey, Chris Perales and Marcia Sherlock. Absent: None. 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 Perales pointed out the location of the poster for the Open Meetings Act. A public hearing was held on the proposed budget and proposed property tax request for the fiscal year 2019-2020 budget. City Administrator/Treasurer Lonnie Miller explained that the total budgeted expenditures are $7,273.090.00. The property tax request is included at $108,070.00 which is a little less than last year. The actual property tax levy is down from 0.425406 to 0.425135. The assessed valuation is $25,420,134.00. There being no public comments, concerns or questions, moved by Sherlock and seconded by Feil to close the public hearing. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. A public hearing was held on proposed additions/changes to the City’s Zoning Ordinance as recommended by the City’s Planning Commission regarding the following items:
There were no additions, changes, or emergency items added to the agenda. Business Owner Tammy Relka known as TD Relka d/b/a Sizzlin’ Sirloin Steakhouse addressed the council regarding the September 2019 utilities charges. Ms. Relka’s September 2019 utilities statement reflected a charge for 141,000 gallons for both water and sewer usage as determined by a meter reading for the month of August. This resulted in a bill of $1,240.17. Ms. Relka was notified of the charges and advised that a water leak may be the cause for the excessive water/sewer usage. It was determined by plumbers that a valve on the water-cooled cooler was open and the problem was repaired. Due to the hardship incurred by Ms. Relka requested her bill be discounted by the council. City Engineer Jeff Wolfe mentioned that in past similar situations with other utility customers, the councils have voted to reduce the customer’s bill to, an average of three previous months’ water and sewer. Moved by Green and seconded by Feil to bill TD Relka d/b/a Sizzlin’ Sirloin Steakhouse and average of the past three months for both water and sewer usage for the month of September 2019. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Sherlock and seconded by Green to approve the minutes of the regular meeting of August 1, 2019. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Regular Claims (August 1, 2019 to September 4, 2019): KENO FUND: Nebraska Public Power District, Utilities, 117.73; A & A Porta-Potties, Portal Toilet Rental, 400.00; Carpenter Center, Contribution, 250.00; GENERAL FUND: Dana Cole & Company, Accounting, 1000.00; Nebraska Child Support Payment Center, Child Support Payment, 246.94; One Call Concept, Digger’s Hotline, 74.85; Verizon Wireless, Cellular Service, 249.57; Johnson Cashway Lumber Co., Supplies, 6.46; Robert Blanco, Jr., Wages, 581.87; Hugo Chairez, Wages, 1368.70; Tamera Leeling, Wages, 969.02; Dennis McLaughlin, Wages, 1096.97; Anne Reker, Wages, 530.84; U.S. Treasury, EFTPS/FICA, 2545.86; Action Communications, Repairs/Maintenance, 990.75; Indoff Incorporated, Supplies, 64.88; Intralinks, Inc., Repairs/Maintenance/Office 365 License, 278.20; Nebraska Public Power District, Utilities, 206.97; Pitney Bowes, Repairs/Maintenance, 99.00; Respond First Aid Systems, Supplies, 77.79; Wester Plains Business Solutions, Repairs/Maintenance, 168.03; Hugo Chairez, Wages, 1277.83; Tamera Leeling, Wages, 988.81; Dennis McLaughlin, Wages, 996.29; Anne Reker, 180.77; Nebraska Child Support Payment Center, Child Support Payment, 246.94; Robert Blanco, Jr., Wages, 566.25; Farm Plan (Murdoch’s), Supplies, 29.36; Principal Insurance, Vision Insurance, 41.55; Simmons Olsen Law Firm, Legal Fees, 3745.00; Staples, Supplies, 62.69; Scottsbluff Star-Herald, Publications, 304.26; Windstream, Phone, 8.09; Guardian Insurance, Life Insurance, 36.75; Robert Blanco, Jr., Wages, 517.26; Hugo Chairez, Wages, 1172.86; Tamera Leeling, Wages, 929.41; Dennis McLaughlin, Wages, 934.06; Anne Reker, Wages, 211.94; City of Scottsbluff, Emergency Management Fee, 247.83; Nebraska Child Support Payment Center, Child Support Payment, 246.94; Blue Cross Blue Shield, Health Insurance, 2649.94; Allo Communications, Phone/Internet, 237.72; Capital Bank & Trust, Simple IRA Employee Contributions, 1200.00; Carpenter Center, Office Rent/Front Desk Supervision, 1192.00; Cyclone Express, Fuel, 349.38; Panhandle Humane Society, 600.00; Indoff Incorporated, Supplies, 23.95; Intralinks, Inc., Repairs/Maintenance/Equipment, 1512.56; Judy Hoatson, Bookkeeping, 370.00; Kent Greenwalt, Mileage, 55.68; League of Nebraska Municipalities, Membership, 1001.00; Moneywise Office Supply, Supplies, 95.70; League of Nebraska Municipalities-Utilities Section, Membership, 528.00; Panhandle RC & D, Membership, 300.00; Pitney Bowes, Postage for Meter, 500.00; Scottsbluff Police Department, Police Labor, 10833.33; M.C. Schaff & Associates, Engineering, 405.00; Scotts Bluff County Clerk, Court Costs, 17.00; Tyler Feil, Wages, 69.26; Jerry Green, Wages, 69.26; Michael Minzey, Wages, 69.26; Christopher Perales, Wages, 230.87; Marcia Sherlock, Wages, 69.26; WATER FUND: Utilities Account #117, NSF Chargeback, 110.96; Priority Payment, Card Processing Services, 46.14; Contractor’s Materials, Supplies, 101.04; Hennings Construction, Repairs/Maintenance, 1679.00; City of Gering, Wholesale Water/Utilities, 11126.70; Nebraska Public Power District, Utilities, 177.21; Nebraska Dept. of Revenue, Sales/Use Tax, 2422.15; Utilities Account #326, NSF Chargeback, 227.50; Utilities Account #257, NSF Chargeback, 111.00; Northwest Pipe Fittings, Inc. Repairs/Maintenance, 73.62; Nebraska Public Power District, Utilities, 192.48; Priority Payment, Card Processing Services, 38.48; Farm Plan (Bomgaar’s), Supplies, 32.67; Enviro Service, Inc., Lab Fees, 40.00; Hennings Construction, Repairs/Maintenance, 925.00; City of Gering, Wholesale Water/Utilities, 9868.63; Johnson Cashway Lumber Co., Supplies, 13.29; Municipal Supply, Inc., Supplies, 230.62; Northwest Pipe Fittings, Inc., Repairs/Maintenance, 407.62; Earlene Reifschneider, Refund on Utilities, 28.32; M.C. Schaff & Associates, Engineering, 24339.31; Terry Carpenter, Inc., Well Lease, 438.00; Weber Rental Properties, Refund on Utilities, 345.87; Hennings Construction, Hennings Construction, Inc., Contractor’s Application for Payment No. 7/Water Project-Phase III, 118219.72; Paul Reed Construction & Supply, Inc., Contractor’s Application for Payment No.3/Water Project-Phase II, 155533,94; SEWER FUND: Priority Payment, Card Processing Services, 98.04; Contractor’s Materials, Supplies, 11.00; Enviro Service, Inc., Lab Fees, 173.00; Nebraska Dept. of Revenue, Sales/Use Tax, 1463.58; Nebraska Public Power District, Utilities, 281.39; City of Scottsbluff, Wastewater, 10732.79; Priority Payment, Card Processing Services, 81.77; Enviro Service, Inc., Lab Fees, 346.00; Northwest Pipe Fittings, Inc., Repairs/Maintenance, 130.30; Paul Reed Construction, Concrete Reimbursement, 2125.13; Terry Carpenter, Inc., Land Lease, 150.00; Waste Connections, Trash Collection, 6919.71; STREET FUND: Nebraska Public Power District, Utilities, 2120.35; Nebraska Public Power District Utilities, 267.53. Moved by Feil and seconded by Sherlock to approve the payment of regular claims as presented. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Green and seconded by Minzey to approve Contractor’s Application for Payment No. 7 to Hennings Construction, Inc. regarding Terrytown’s Water System Project Phase III: Meter Project in the amount of $118,219.72 pending agency concurrence. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Sherlock and seconded by Feil to approved Change Order No. 3 for change in contract price to Hennings Construction for tree removal at 103 Terry Boulevard, Terrytown, for $2,800.00 pending agency concurrence. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Sherlock and seconded by Feil to approve Contractor’s Application for Payment No. 3 to Paul Reed Construction & Supply, Inc. regarding Terrytown’s Water System Project Phase II: Internal Improvements in the amount of $155,533.94 pending agency concurrence. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. City Administrator/Treasurer Lonnie Miller reviewed the July 31, 2019 Financial Statements. Financial Statements are available for public inspection at the office of the City Clerk. City Administrator/Treasurer Lonnie Miller discussed Appropriate Ordinance No. 451 for Fiscal Year 2019-2020 in the amount of $7,273.090.00. Moved by Sherlock and seconded by Feil to waive three readings. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Feil and seconded by Minzey to approve Ordinance No. 451. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. ORDINANCE NO. 451 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:
Pass and Approved on September 5, 2019. CITY OF TERRYTOWN Christopher Perales, Mayor ATTEST: Tamera Leeling, City Clerk (SEAL) City Administrator/Treasurer Lonnie Miller discussed Resolution No. 19-4 setting the 2019-2020 property tax request at $108,070.00. Moved by Sherlock and seconded by Green to approve Resolution No. 19-4. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Sherlock and seconded by Green to approve 1% increase in restricted funds authority. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. RESOLUTION NO. 19-4 WHEREAS, Nebraska Revised Statute 77-1601.02 provide 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 on August 29, 2019 was held at 6:30 p.m. 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%. NOW, THEREFORE, the Governing Body of the City of Terrytown resolves that:
Dated this 5th day of September, 2019. Christopher Perales, Mayor ATTEST: Tamera Leeling, City Clerk City Administrator/Treasurer Lonnie Miller recommended $80,000 be transferred from the electric fund to the general fund, $40,000 from the sewer fund to the general fund and $32,000 from the general fund to the street fund. Moved by Sherlock and seconded by Feil to approve the recommended cash transfers for the Fiscal Year ending on September 30, 2019. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. City Administrator/Treasurer Lonnie Miller announced that he would be retiring from Dana Cole & Co. in October, but will continue to serve as the City Administrator/Treasurer until December. Mr. Miller recommended Mike Scow, also from Dana Cole & Co., as his replacement. The transition would be effective with the appointment of officials at the December 2019 City Council Meeting. City Engineer Jeff Wolfe presented an update on the Terrytown Water Project. Hennings Construction is currently installing water meters on Spring Valley Lane and in the Bellevue area. Paul Reed Construction is installing water mains on West Street. No problems are anticipated that might create water loss. However, in the event that an emergency water shut-off is necessary, then notifications will be sent out using the Panhandle Alert notification system, notification to media and postings on the City’s website. Panhandle Alert is a free service to users and information and instructions on how to register for the system was included with the monthly utility statements for August, 2019, and was also addressed in the City’s newsletter. Panhandle Alert allows its users to sign up to receive alerts by test message, email, voice message and on social media. City Engineer Jeff Wolfe reported that a new Municipal Annual Certification of Program Compliance to the Nebraska Board of Public Roads Classifications and Standards has been adopted. State statute requires an annual certification of program compliance to the Nebraska Board of Public Roads Classifications and Standards be signed by the Mayor and a resolution authorizing the signing of the certification form by the governing body of the municipality be submitted in order to be eligible for state highway allocation funds. Moved by Sherlock and seconded by Green to authorize the Mayor to sign the Municipal Annual Certification of Program Compliance to the Nebraska Board of Public Roads Classifications and Standards. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Sherlock and seconded by Minzey to approve Resolution No. 19-5 regarding Municipal Annual Certification of Program Compliance to the Nebraska Board of Public Roads Classifications and Standards. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. RESOLUTION NO. 19-5 SIGNING OF THE MUNICIPAL ANNUAL CERTIFICATION OF PROGRAM COMPLIANCE FORM 2019 Whereas: State of Nebraska Statutes, sections 39-2115, 39-2119, 39-2120, 39-2121, and 39-2520(2), requires an annual certification of program compliance to the Nebraska Board of Public Roads Classifications and Standards; and Whereas: State of Nebraska Statute, section 39-2120 also requires that the annual certification of program compliance by each municipality shall be signed by the Mayor or Village Board Chairperson and shall include a copy of a resolution of the governing body of the municipality authorizing the signing of the certification form. Be it resolved that the Mayor of City of Terrytown is hereby authorized to sign the attached Municipal Annual Certification of Program Compliance form. Adopted this 5th day of September, 2019 at Terrytown, Nebraska. City Council/Village Board Members: Christopher Perales–Mayor, Marcia Sherlock, Tyler Feil, Michael Minzey and Jerry Green. City Council/Village Board Member Marcia Sherlock moved the adoption of said resolution. Member Michael Minzey seconded the motion. Roll Call: 4-Yes 0-No 0-Abstained 0-Absent Resolution adopted, signed and billed as adopted. Attest: Tamera Leeling, City Clerk City Attorney Libby Stobel discussed that the City’s Planning Commission recommendations for changes/additions to the City’s Zoning Ordinance. The first of which was regarding limiting cats in the City to two (2) over the age of 6 months per property. Ms. Stobel also advised that residents with more than two cats prior to approval of the revised ordinance would be Grandfathered in, meaning that if a resident presently exceeded this number, they did not have to get rid of a cat, but should something happen to a cats currently in a property with more than two other cats, it could not be replaced. After discussion about the potential implication for persons in the city with three cats or three dogs, City Council Member Sherlock recommended that the limitation on cats be disregarded, and instead, the total number of domestic animals in any combination be limited to three. Moved by Feil and seconded by Sherlock to reject the City’s Planning Commission recommendation and replace it with three domestic animals, and remit the same to the planning commission for consideration. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Feil and seconded by Sherlock to approve the additions/changes to the City’s Zoning Ordinance regarding allowance of up to eight (8) hens (chickens, turkey, and duck) within single family dwellings, provided the property is fenced, and the hens’ enclosure is no greater than 100 square feet. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Sherlock and seconded by Feil to approve the additions/changes to the City’s Zoning Ordinance regarding clarifying that sections referring to Mobile or Manufactured Homes are applicable to both. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Moved by Sherlock and seconded by Feil to approve the additions/changes to the City’s Zoning Ordinance regarding correcting grammatical and scrivener’s errors throughout the code. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. City Attorney Libby Stobel discussed Ordinance No. 450, which is an ordinance to prohibit the feeding of wildlife and waterfowl in the City of Terrytown. Ms. Stobel pointed out that there are issues with the passage of this ordinance, as it now potentially in direct conflict with the zoning changes as recommended by the Planning Commission and approved by the City Council to permit hens within the City. Moved by Feil and seconded by Sherlock to waive the two readings for Ordinance No. 450. Aye’s: Feil. Nay’s: Green, Minzey and Sherlock. Motion approved. City Clerk Tamera Leeling read the heading for Ordinance No. 450. No action was taken on this agenda item and it will be tabled to the October 2019 council meeting for a third reading. City Clerk Tamera Leeling reported that due to the retirement of tow service provider Chester Cooper, the City currently does not have anyone available to pick up abandoned or illegally parked vehicles and to offer impound storage. Ms. Leeling contacted the Scotts Bluff County Communications Center to obtain a list of six tow service providers utilized by local law enforcement agencies. Ms. Leeling contacted the six tow service providers and advised that Al’s Towing, J-Rodz and Sonny’s Towing were interested in furnishing services for the City, but Bumper To Bumper and Ron’s Towing are were not interested due to either impound storage limitations or specializing in heavy towing services. GFL Towing is no longer available due to retirement. Al’s Towing charges consists of $85.00/tow charge, $25.00 + extra labor/difficult cases and $30.00 per day/impound storage (30-day hold). J-Rodz charges consists of $90.00/tow charge (rotation basis) or $75.00/tow charge (towing agreement) and $5.00 per day/impound storage (30-day hold). Sonny’s Towing charges consists of $85.00/tow charge (day time) or $107.00/tow charge (night time), $75.00 per hour/winch charge for difficult cases and $250.00 per month/impound storage (30-day hold). All three providers would waive tow charges and impound storage charges, if after the 30-day hold the vehicle would be released to the tow service provider for scrap and the income from the scrap yard would go directly to them to cover costs. Al’s Towing and Ron’s Towing would handle the title work and arrange for the vehicle to be scrapped. J-Rodz would obtain the title, but the City would provide assistance if necessary and would pay the title processing fee. Ms. Leeling also discussed the advantages of having a tow service agreement with only one provider compared to using services on a rotation basis for the three providers. City Attorney Libby Stobel mentioned the possibility of the City imposing an administrative fee that would be charged to the vehicle owner if the vehicle was to be released from the impound storage prior to the 30-day hold. Ms. Stobel will draft an ordinance regarding the administrative fee to be presented at a future City Council Meeting. Moved by Sherlock and seconded by Green to place Al’s Towing, J-Rodz and Sonny’s Towing on a rotation process for abandoned and illegally parked vehicles. Aye’s: Green, Minzey and Sherlock. Nay’s: Feil. Motion approved. City Representative Kent Greenwalt presented an update on the Heartland Expressway Association meeting in Kimball, Nebraska, that he attended on behalf of the City during the month of August. Panhandle Humane Society Animal Control Officer Virginia Klemm presented an update for the months of July and August. Ms. Klemm reported that one complaint/call was received and four verbal/warnings left. Eight cats and four dogs were dropped off by the public and the Animal Control Officer picked up three cats. The resident at 67 South Street no longer has any cats on the property and is very compliant and continues to not feed feral animals. Police Chief Kevin Spencer reported that the Western Nebraska Intelligence Group (WING) is currently working on a grant application through the Nebraska Crime Commission. “Food Truck Friday” featuring food trucks and entertainment will be held every Friday through the month of September. The event will start on Friday, September 6, from 4:00 p.m. to 8:00 p.m. at the park located on Broadway. “See Something, Say Something” is a county-wide program that encourages the public to report anything that appears suspicious. If you have a video camera, you can register it with Nebcam. The police department uses this registry as a resource for search video for law enforcement purposes. Two college resource officers have been hired to work at Nebraska Western Community College. If you have a video camera, you can register it with Nebcam. The police department uses this registry as a resource for search video for law enforcement purposes. During the public comment period, Terrytown Resident Brian Nielsen voiced his concern about problems of dogs barking at livestock if poultry are allowed within the City. Most dogs are not familiar with livestock and may create a nuisance by barking. Mr. Nielsen also advised that two dogs have been at large in his neighborhood. Animal Control Officer Ginger Klemm is aware of the dogs and is attempting to locate the owners. Mr. Nielsen also discussed the dead tree in his neighbor’s yard and is concerned that the tree might fall on his property. City Clerk Tamera Leeling announced Emergency Management Director Tim Newman advised that if any council members or staff were unable to attend the Knowledge Center Training on Friday, September 6, that another training will be offered again on another date. There being no further business to come before the Council, moved by Sherlock and seconded by Feil to adjourn to the next called meeting on Thursday, October 3, 2019, at 6:30 PM, subject to the call of the Mayor. Aye’s: Feil, Green, Minzey and Sherlock. Nay’s: None. Motion approved. Mayor of the City of Terrytown ATTEST: City Clerk |
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