January 2019 Minutes

CITY OF TERRYTOWN
COUNCIL MINUTES
 
 The City of Terrytown Council met on Thursday, January 3, 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, Michael Minzey and Chris Perales.  Absent:  Marcia Sherlock.  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.

There were no additions, changes, or emergency items added to the agenda.

Moved by Minzey and seconded by Feil to approve the Mayor’s appointment of Jerry Green to fill the City Council Member position for Ward 2 left vacant by Chris Perales’ election to mayor.  Aye’s:  Feil, Minzey and Perales.  Nay’s:  None.  Motion approved.  Green’s term will expire on December 31, 2020.  Green was administered the Oath of Office by City Clerk Leeling following the approval of his appointment, and assumed his duties immediately. 

A public hearing was held on Terrytown’s One (1) and Six (6) Year Street Improvement Program.  City Engineer Jeff Wolfe explained that a public hearing on the City’s One (1) and Six (6) Year Street Improvement Program is required to receive state street allocation funds.  Moved by Feil and seconded by Minzey to open the public hearing.  Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved.  Mr. Wolfe presented the One (1) and Six (6) Year Street Improvement Program and explained that a resolution would follow later in the meeting.  Mr. Wolfe recommended that normal street maintenance will be performed during the duration of the water project.  Beginning in 2020, street projects would be proposed when the water project would be completed.  One project that was added was the paving of the right-of-way between the Carpenter Center parking lot and Michael Street opening it up to through traffic.  Having no further comments, it was moved by Green and seconded by Feil to close the public hearing on the One (1) and Six (6) Year Street Improvement Program.  Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved.

A public hearing was held on Symmetry Brand Entertainment d/b/a Heaven owner Marcus Lind’s request for an extension of liquor sales hours in Terrytown from the current 1:00 AM to 2:00 AM, which is allowed under state statute by city ordinance.  Moved by Minzey and seconded by Green to open the public hearing.  Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved.  Mr. Lind leases the building located at 3765 North 10th Street in Terrytown which is an event center that specializes in music and comedian entertainment as well as being available to rent out for other activities.  Mr. Lind explained that his center hosts a number of receptions, which is different from a bar that stays open until 1:00 AM.  Mr. Lind said that the extended hours would offer more entertainment options and would add to the area’s economic development.  Scottsbluff Police Chief Kevin Spencer advised that there is a zero tolerance for DUI violations and could not understand how staying open until 2:00 AM would make it safer, especially since both Scottsbluff and Gering are closing at 1:00 AM.  Monument Prevention Coalition Director Lanette Richards reminded the council that alcohol can currently be sold in Terrytown from 6:00 AM to 1:00 AM, a total of 19 hours every day.  Ms. Richards also commented that the Centers for Disease Control suggests reduced hours of sales fosters an environment that does not promote excessive drinking.  Animal Control Officer Virginia Klemm voiced concerns about the narrow streets in Terrytown and a possible increase in speeding and hit and run accidents caused by drunk drivers leaving after 2:00 AM.  Having no further comments, it was moved by Minzey and seconded by Green to close the public hearing on the extending the hours for the sale and/or dispensing of alcoholic liquor from 1:00 AM until 2:00 AM each day.  Aye’s:  Feil, Green and Minzey.  Nay’s:    None.  Motion approved.

Patriot Park Property Manager Cinda Munoz presented an update on Patriot Park.  Two mobile homes have been removed from the park, but the clean-up process has currently ceased due to weather.  The clean-up process will continue once weather conditions improve.  A letter has been sent to the owner of the mobile home located at 25 South Street to try to obtain the title so that the mobile home can be dismantled and removed.  If no response is received, Patriot Park will go through the Scotts Bluff County Sheriff’s Office to obtain an abandoned title.  Ms. Munoz will be going to Patriot Parks’ headquarters in Las Vegas, Nevada, to look at new mobile homes to be placed on lots that are currently vacant.  These new mobile homes will replace existing mobile homes that are deemed unsafe for residency.  Patriot Park is planning to remodel the mobile home located at the corner of Terry Boulevard and Mobile Avenue.  This will be used for their sales headquarters and for receiving payments.    

Moved by Minzey and seconded by Feil to approve the minutes of the regular meeting of December 6, 2018.   Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved. 

Tyler Feil declared himself in conflict of interest in payment of Check #16284 to Brooke Feil in the amount of $225.00 for preparing cupcakes for the Greenwalt Retirement Tea.  Moved by Minzey and seconded by Green to approve Feil’s conflict of interest for the payment of the claim to Brooke Feil.  Aye’s:  Green, Minzey and Perales.  Nay’s:  None.  Motion approved.  Moved by Minzey to approve payment of Check #16284 to Brooke Feil in the amount of $225.00.  Aye’s:  Green, Minzey and Perales.  Nay’s:  None.  Motion approved.  

Regular Claims (December 6 2018 to January 2, 2019): 
KENO FUND:  Nebraska Public Power District, Utilities, 117.73; Carpenter Center, Contribution, 250.00; GENERAL FUND:  U.S. Treasury, EFTPS/FICA, 2175.50; Hugo Chairez, Employee Incentive, 100.00; Tamera Leeling, Employee Incentive, 100.00; Dennis McLaughlin, Employee Incentive, 100.00; Hugo Chairez, Wages, 1410.15; Tamera Leeling, Wages, 1017.68; Dennis McLaughlin, Wages, 941.25; Nebraska Public Power District, Utilities, 301.94; Scottsbluff Star-Herald, Publications, 383.66; Platte Valley Bank, Loan Payment, 27590.00; Pitney Bowes, Postage for Meter, 500.00; Guardian Insurance, Life Insurance, 27.75; Principal Insurance, Vision Insurance, 41.55; Simmons Olsen Law Firm, Legal Fees, 1439.17; Staples, Supplies, 50.92; Windstream, Phone, 7.82; Hugo Chairez, Wages, 1119.71; Dennis McLaughlin, Wages, 894.54; Tamera Leeling, Wages, 1017.68; Blue Cross Blue Shield, Health Insurance, 2582.74; Sage Software, Accounting Software, 1024.95; Allo Communications, Phone/Internet, 236.46; B & C Steel, Supplies, 150.43; Capital Bank & Trust, Simple IRA Employee Contribution, 800.00; Capital Bank & Trust, Simple IRA Employer Match (2018-4th Quarter), 742.47; Carpenter Center, Office Rent/Front Desk Supervision, 1192.00; Scottsbluff-Gering United Chamber of Commerce, Membership, 448.00; Cyclone Express, Fuel, 160.62; Dana Cole & Co., Accounting, 1000.00; Gering Public Schools, Liquor License Distribution, 250.00; Heartland Express Association, Membership, 352.08; Panhandle Humane Society, Animal Control, 600.00; Ideal Linen Supply, Supplies, 128.31; Indoff Incorporated, Supplies, 44.25; Intralinks, Inc., Infinite Cloud Retention, 179.00; Johnson Cashway Lumber Co., Supplies, 38.50; Judy Hoatson, Bookkeeping, 1120.00; Kent Greenwalt, Mileage, 41.20; Scottsbluff Police Department, Police Labor, 10833.33; M.C. Schaff & Associates, Engineering, 260.00; Wholesale Motive Service, Repairs/Maintenance, 70.52; Tyler Feil, Wages, 69.26; Michael Minzey, Wages, 69.26; Chris Perales, Wages, 230.87; Marcia Sherlock, Wages, 69.26; WATER FUND:  Ameritas, Bond Payment, 7043.75; Platte Valley Bank, Wire Transfer Fee, 25.00; Nebraska Department of Revenue, Sales/Use Tax, 1060.89; Nebraska Public Power District, Utilities, 287.02; Nebraska Public Power District, Utilities, 278.97; Enviro Service, Inc., Lab Fees, 40.00; Hennings Construction, Repairs/Maintenance, 1250.00; City of Gering, Utilities, 31.97; Northwest Pipe Fittings, Inc., Repairs/Maintenance, 94.69; Panhandle Area Development, Water Project General Administration, 3000.00; Terry Carpenter, Inc., Well Lease, 438.00; SEWER FUND:  Nebraska Department of Revenue, Sales/Use Tax, 1322.04; M.C. Schaff & Associates, Engineering, 501.00; Nebraska Public Power District, Utilities, 351.61; City of Scottsbluff, Wastewater, 11161.41; Enviro Service, Inc., Lab Fees, 346.00; Johnson Cashway Lumber Co., Repairs/Maintenance, 11.48; Northwest Pipe Fittings, Inc., Repairs/Maintenance, 42.21; Terry Carpenter, Inc., Land Lease, 150.00; Waste Connections, Trash Collection, 7005.84; STREET FUND:  Nebraska Public Power District, Utilities, 2204.36; Nebraska Public Power District, Utilities, 267.53; City of Scottsbluff, Street Sweeping/Labor, 2478.25.   Moved by Green and seconded by Minzey to approve the payment of regular claims as presented.  Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved. 

City Administrator/Treasurer Lonnie Miller reviewed the November 30, 2018 Financial Statements.  Financial Statements are available for public inspection at the office of the City Clerk. 
 
City Administrator/Treasurer Lonnie Miller explained that under the Panhandle Area Development District (PADD) bylaws, all members who pay their dues by December 31 may appoint a council member or professional staff to serve on the PADD Board of Directors.  PADD must be notified of such appointment by January 31.  Board membership terms begin in February.  An alternative may also be appointed to attend meetings and vote in the absence of the primary board member.  Member counties and communities may also:  a) recommend someone from the community who qualifies under one of the listed categories in Option B; and b) remain a member with full benefits without a board representative.  Moved by Green and seconded by Feil to appoint City Council Member Jerry Green serve as the City’s representative on the PADD Board.  Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved.  Moved by Feil and seconded by Green to appoint City Council Member Michael Minzey to serve as the City’s alternative representative on the PADD Board.  Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved.
 
City Administrator/Treasurer Lonnie Miller explained that under the Region 22 Emergency Agency (“Region 22”) bylaws and interlocal agreement, the City of Terrytown may appoint a council member to serve on the Region 22 Advisory Board.  Members include a representative from Scotts Bluff County, Banner County, City of Scottsbluff, City of Gering, City of Terrytown, an entity representative from one of the small cities or villages in Scotts Bluff County and a Board appointed lay Chairman.  Moved by Minzey and seconded by Green to appoint Mayor Chris Perales to serve as the City’s representative on the Region 22 Advisory Board.  Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved.
 
City Administrator/Treasurer Lonnie Miller discussed a Terrytown citizen’s request for consideration on removal of a water reconnect fee.  Prior to the council meeting, the resident had contacted CAPWN for assistance on the utilities bill which the City has received a payment voucher from CAPWN.  The resident also contacted St. Agnes Church for assistance on the water reconnect fee which the City has received payment.  No action is required.
 
City Administrator/Treasurer Lonnie Miller reminded the elected and appointed officials of the Federal Emergency Management Agency (FEMA) Emergency Management Institute Courses requirements.  These are a series of on-line and classroom Incident Command System and National Incident Management System courses for all personnel involved in incident management.  While many incidents are managed effectively at the local level, every day jurisdictions and organizations work together to share resources, integrate tactics and act collaboratively.  This system is used nationwide to provide the foundation needed to ensure manage incidents regardless of size or type. 
 
City Engineer Jeff Wolfe reviewed the street projects for the 2019 One (1) and Six (6) Year Street Program.  It was recommended that the City postpone street improvements due to the water project, as portions of the roads will need to be torn up while the water project is in process.  At this time, maintenance only and no new construction is recommended on the one-year side.  Moved by Minzey and seconded by Feil to approve Resolution 19-1 to adopt the One (1) and Six (6) Year Street Improvement Program for Fiscal Year 2019.  Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved.
 
RESOLUTION 19-1
TO WHOM IT MAY CONCERN:
              At the regular meeting of the City Council for the City of Terrytown, Nebraska, held at 89A Woodley Park Rd, on January 3rd, 2019, a hearing was held on the One (1) and Six (6) Year Street Improvement Program at 6:30 P.M., as advertised.  Following a discussion by the Council and citizens present, a motion was made to adopt the One (1) and Six (6) Year Street Improvement Program for the fiscal year 2019.  Roll call vote brought:  “Yeas”, Feil, Green and Minzey; “Nays”, None.  Motion carried.
CERTIFICATION
              I, the undersigned, duly qualified and acting Clerk of the City of Terrytown, Nebraska, do hereby certify that the above is true and certified copy of action passed on January 3rd, 2019, and I officially affix my signature and the seal of said City on this 3rd day of January, 2019.
Tammy Leeling, City Clerk
 
City Engineer Jeff Wolfe presented an update on the Terrytown Water Project.  Paul Reed Construction was awarded the bid for Phase 2-Internal Improvements Projects.  This phase includes the construction of water mains, valves, hydrants and services for various areas around the city.  The contract has been signed by Paul Reed Construction and has been reviewed by City Attorney Libby Stobel.  However, approval is needed at the federal and state level before work can begin.  Due to the federal government shutdown, USDA cannot review the contract until the government is running again, delaying the project.  Hennings Construction was awarded the bid for Phase 3-Meter Project which consists of the installation of 540 water meters, services and appurtenances.  Hennings Construction needs to submit bonding and insurance information before the contract can be signed.  Approval will also be needed at the federal and state level before work can begin.  The City will provide public updates on the City’s website (www.terrytown.org) and in the newsletter during the project and conduct public information meetings. 
 
City Engineer Jeff Wolfe presented an update on the Medearis Sanitary Sewer Extension.  At the June 2018 City Council Meeting, Bellevue Resident Jack Medearis addressed the City Council regarding an essential easement on his property needed to locate a loop for the water project.  As compensation for these easements, Mr. Medearis requested that the City extend the sewer lines approximately 300 feet to the northwest to cover remaining lots owned by Mr. Medearis.  The City approved the sewer extension in exchange for a permanent easement and the cost of this project to be funded from the City’s sewer fund.  The sewer extension has been designed and submitted to the state.  A bid date has been set for late in January and the bids will be presented to the council at the February 7, 2019 meeting. 
 
City Attorney Libby Stobel discussed the extension of the hours for the sale and/or dispensing of alcoholic liquor from 1:00 AM until 2:00 AM each day.  Ms. Stobel recommended that if council were to consider changing the ordinance, the three readings for the passage of ordinances should be retained to allow time for public comment.  After discussion, council members unanimously agreed to not consider the proposed ordinance change and to table the matter indefinitely.
 
City Attorney Libby Stobel discussed Board of Health violations by R & S Auto that include an accumulation of junk and tires.  Ms. Stobel advised that at least two letters have been sent to R & S Auto in the past twelve months and more letters have been sent in the past with no corrective action taken.  On behalf of the City, Police Chief Kevin Spencer and Scottsbluff Code Enforcement Officer Mike Brunz will visit with R & S Auto to try to rectify the problem.
 
Police Chief Kevin Spencer presented an update on the police department.  Year-end totals indicated that the police department responded to 625 calls which is an average of 52 calls per month.  However, the number of calls in December 2018 were 86.  The break-down of calls were:  16 accidents, several alarm and animal reports, 6 assaults, 4 burglaries, 24 child abuse/neglect cases, 55 disturbances, 20 domestic violence calls and 7 protection order violations and various other calls.  Chief Spencer offered to bring a patrol car at a future meeting to show the capabilities of the Computer Aided Dispatch and Records Management System.  The City of Alliance would like to join the Computer Aided Dispatch and Records Management System and will be submitting a proposal to the 9-1-1 advisory board on January 15, 2019, to purchase and share the records system.  The City of Chadron is also considering joining the network.  Currently, only Scotts Bluff County is sharing information.     
Panhandle Humane Society Animal Control Representative/Senior Kennel Tech Virginia (Ginger) Klemm presented an Animal Control Compliance Notice that the Panhandle Humane Society would like to implement.  This compliance would uphold the City’s ordinances for vaccinations and licenses especially for dangerous dogs.  This notice will be extremely helpful for impounded dogs and cats.  Ms. Klemm requested guidance from the council and a timeframe for compliance was recommended of 10 days.  Ms. Klemm reported that animal calls were lower in December 2018.  The number of sick cats are down.  A couple of dog-at-large calls were received and verbal warnings were given.  There were three adoptable animals and one animal was adopted by its original owner.
 
There being no further business to come before the Council, moved by Feil and seconded by Green to adjourn to the next called meeting on Thursday, February 7, 2019, at 6:30 PM, subject to the call of the Mayor.  Aye’s:  Feil, Green and Minzey.  Nay’s:  None.  Motion approved.
 
                                                                                                                    Mayor of the City of Terrytown
 
ATTEST:
City Clerk