June 2019 Minutes

CITY OF TERRYTOWN
COUNCIL MINUTES
 
The City of Terrytown Council met on Thursday, June 6, 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, Christopher 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.

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

Project Coordinator Lanette Richards introduced the Monument Prevention Coalition, which the City supports at a rate of $898.50 per year, which works out to $.75/citizen.  The Coalition works on health and safety for youth of the community.  Their Human Performance Programs is a school project that looks at revision of code of conduct and change in policy to enhance an alcohol/drug-free environment.  They coordinate with law enforcement on alcohol checks to ensure all those who hold liquor licenses are in compliance and also work with the Nebraska State Patrol in Alcohol Server/Seller Training. 

Panhandle Area Development District (PADD) Executive Director Jeff Kelley addressed the City Council to present an update on PADD.  In 2018, 35 member communities and counties contributed over $60,000 in membership dues to PADD.  In return, over $706,375 in grants were awarded to Panhandle communities, two new economic development loans of $200,000 were made to create 12 new jobs, and 163 citizens were trained.  PADD’s EPA Brownfields grant for $445,000 continues to help communities, buyers, and sellers pay for environmental site assessments.  The City of Terrytown’s membership in PADD is $928.56 for 2019.  PADD has updated their website this year and it now includes a new Data Dashboard that provides communities with up-to-date information on county and regional levels. 

Riverside Discovery Center Executive Director Anthony Mason invited the City to join as a community partner to make sure the zoo stays funded and stable for the region.  The Impact Analysis Estimate results in an annual economic impact between $1,110,000 and $1,200,000.  During the past year, the zoo has had over 45,000 people come through its gates and has served an additional 4,726 people with off-site programs.  Visitors from outside the Tri-City area numbered 18,256.  Education programs reached 15,766 children and adults in 2018.  They believe that this is the kind of facility if removed from the area would have lasting ramifications; including a loss of 15-30 jobs from the community, decreased incomes from businesses in the area who benefit from the zoo purchasing supplies and out-of-towners visiting their stores. The Zoo has requested support from the City of $1,000-$2,500 annually.

Terrytown Resident Lyle Schluterbusch addressed the council regarding the creation of an alert system to notify residents of City notifications and emergency alerts by text message, email or voice message.  Mr. Schluterbusch suggested integrating customizable notifications that could include severe weather, safety, health, utility service disruptions, major traffic incidents, changes in government services due to weather of holidays, etc.  The City of Bridgeport uses a notification system of this type for their residents.  Office Manager Tammy Leeling will contact the City of Bridgeport regarding this matter and will report to Council at the July 2019 meeting.

 Moved by Sherlock and seconded by Minzey to approve the minutes of the regular meeting of May 2, 2019.   Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.  Due to error on the agenda for the regular meeting of May 2, 2019, the published minutes of the regular meeting of May 2, 2019, reflect regular claims from April 3, 2019 to May 1, 2019, instead of April 4, 2019 to May 1, 2019.  Moved by Sherlock and seconded by Green to ratify inclusion of regular claims from April 3, 2019 to May 1, 2019.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.

Regular Claims (May 2, 2019 to June 5, 2019): 
KENO FUND:  Nebraska Public Power District, Utilities, 123.19; A & A Porta-Potties, Portable Toilet Rental, 400.00;  A & A Porta-Potties, Portable Toilet Rental, 400.00; Carpenter Center, Contribution, 250.00; GENERAL FUND:  Gering Public Schools, Liquor License Disbursement, 250.00; One Call Concepts, Digger’s Hotline, 83.00; Robert Blanco, Jr., Administrative Fee Reimbursement, 35.00; Dennis McLaughlin, AirMedCare Network Reimbursement, 65.00; AirMedCare Network, Employee Membership, 130.00; Allo Communications, Phone/Internet, 234.51; Indoff Incorporated, Supplies, 11.90;  U.S. Treasury, EFTPS/FICA, 3488.57; Contractor’s Materials, Supplies, 17.30; Matheson Linweld, Supplies, 20.50; Nebraska Public Power District, Utilities, 412.73; Sandberg Implement, Repairs/Maintenance, 291.51; Verizon Wireless, Cellular Service, 242.74; Waste Connections, “Take Out Trash” Event, 112.00; Western Plains Business Solutions, Repairs/Maintenance, 167.24; Robert Blanco, Jr., Wages, 469.94; Tamera Leeling, Wages, 978.90; Dennis McLaughlin, Wages, 918.49; Nebraska Child Support Payment Center, Child Support Payment, 246.94; Hugo Chairez, Wages, 1172.86; Guardian Insurance, Life Insurance, 36.75; Simmons, Olsen Law Firm, Legal Fees, 1800.00; Staples, Supplies, 101.62; Scottsbluff Star-Herald, Publications, 1149.44; Principal Insurance, Vision Insurance, 41.55; Windstream, Phone, 7.74; Hugo Chairez, Wages, 1120.31; Robert Blanco, Jr., Wages, 467.44; Tamera Leeling, Wages, 929.41; Dennis McLaughlin, Wages, 895.14; Nebraska Child Support Payment Center, Child Support Payment, 246.94; Blue Cross Blue Shield, Health Insurance, 2649.94; 21st Century Equipment, Repairs/Maintenance, 336.91; Allo Communications, Phone/Internet, 234.81; Capital Bank & Trust Co., Simple IRA Employee Contributions, 800.00; Carpenter Center, Office Rent/Front Desk Supervision, 1192.00; City of Scottsbluff, Emergency Management Fee, 178.26; Cyclone Express, Fuel, 297.05; Panhandle Humane Society, Animal Control, 600.00; Intralinks, Inc., Repairs/Maintenance, 179.00; Johnson Cashway Lumber Co., Supplies, 21.57; Judy Hoatson, Bookkeeping, 370.00; Kent Greenwalt, Mileage, 29.58; Logoz, LLC, Employee Clothing, 224.70; Moneywise Office Supply, Supplies, 56.91; One Call Concepts, Digger’s Hotline, 43.03; Pitney Bowes, Meter Postage, 500.00; Salt Creek Software, Inc., Utility Customer Data Conversion, 692.25; Scottsbluff Police Department, Police Labor, 10833.33; M.C. Schaff & Associates, Engineering, 202.50; TEAM Auto Center, Repairs/Maintenance, 295.09; Verizon Wireless, Cellular Service, 242.74; 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:  Priority Payment, Card Processing Services, 26.42; City of Gering, Utilities, 31.97; Strong Rentals, Utilities Refund, 22.46; Contractor’s Materials, Supplies, 86.00; Nebraska Public Power District, Utilities, 338.68; Nebraska Department of Revenue, Sales/Use Tax, 1078.17; Debbie Carter, Utilities Refund, 21.50; Nebraska Public Power District, Utilities, 192.48; Priority Payment, Card Processing Services, 31.34; Enviro Service, Inc., Lab Fees, 40.00; Hennings Construction, Inc., Contractor’s Application for Payment No. 4/Water Project-Phase III, $132,743.81; City of Gering, Utilities, 31.97; City of Gering, Wholesale Water, 4,512.95; M.C. Schaff & Associates, Engineering, 8811.12; Terry Carpenter, Inc., Well Lease, 438.00; SEWER FUND:  Priority Payment, Card Processing Services, 56.14; Enviro Services, Inc., Lab Fees, 173.00; Nebraska Department of Revenue, Sales/Use Tax, 1446.68; Nebraska Public Power District, Utilities, 305.89; Priority Payment, Card Processing Services, 66.59; City of Scottsbluff, Wastewater, 11422.87; Enviro Service, Inc., Lab Fees, 346.00; Terry Carpenter, Inc., Land Lease, 150.00; Waste Connections, Trash Collection, 7058.61; STREET FUND:  Nebraska Public Power District, Utilities, 2177.10; Nebraska Public Power District, Utilities, 267.53; Contractor’s Materials, Supplies, 86.54; Van Pelt Fencing Co., Inc., Repairs/Maintenance, 2700.00.  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 Sherlock and seconded by Feil to approve Contractor’s Application for Payment No. 4 to Hennings Construction, Inc. regarding Terrytown’s Water System Project Phase III:  Meter Project in the amount of $132,743.81 pending agency concurrence.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved. 

City Administrator/Treasurer Lonnie Miller reviewed the April 30, 2019 Financial Statements.  Financial Statements are available for public inspection at the office of the City Clerk. 
 
City Administrator/Treasurer Lonnie Miller reported that the City Code Enforcement Officer position was posted in the Scottsbluff Star-Herald and on the City’s website resulting in two applications being received.  An interview panel consisting of the Mayor, City Administrator/Treasurer, City Attorney, City Clerk and Utilities Supervisor conducted interviews of the two applicants.  It is the recommendation of the interview panel to offer the position to Anne Marie Reker with a compensation of $13.50 per hour.  An evaluation will be performed within 90 days and an increase in compensation will be considered following the evaluation.  This will be a seasonal position from April to October.  From November through March, this will be a “as needed, on-call” basis position.  Projected start date for Ms. Reker is June 25, 2019.  Moved by Sherlock and seconded by Feil to hire Anne Reker as the City Code Enforcement Officer with a compensation of $13.50 per hour.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.

City Engineer Jeff Wolfe presented an update on the Terrytown Water Project.  Hennings Construction, Inc. has been installing approximately 5-6 meters per day as part of Terrytown’s Water System Project Phase III:  Meter Project.  Hennings Construction, Inc. will complete the Toluca Lane area soon and will then move to the area of Gary Street, Michael Street and Barbara Lane.  Project Inspector Tom Cooper is on-site to take pictures and to make notes.  Several complaints have been received concerning residents receiving notices only a few days prior to the meter installation at their residence.  Mr. Wolfe explained that it is difficult to give an exact date and time for installation due to unforeseen issues and weather delays.  Mr. Wolfe suggested that residents approach construction workers and make inquiry as to the timeline of the project.  Any complaints need to be directed to City Engineer Jeff Wolfe or Assistant City Engineer Mike Olsen.  Paul Reed Construction will begin work later this year on Terrytown’s Water System Project Phase II:  Internal Improvements Project (Water Mains).  A progress meeting with the contractor is scheduled for Friday, June 7, 2019.    
 
City Engineer Jeff Wolfe explained that due to changes in the sewer cleaning agreement with the City of Scottsbluff, only “on-call” emergency sewer cleaning will be performed.  Mr. Wolfe solicited proposals for routine sewer cleaning services from independent contractors, but no proposals were received.  Mr. Wolfe has discussed the issue with Lynn Garton from the City of Scottsbluff and Pat Heath from the City of Gering for a solution.  Mr. Wolfe will work with both cities to develop a proposal for routine sewer cleaning services from the City of Gering.   
 
City Attorney Libby Stobel explained that TD Relka, LLC d/b/a Sizzlin Sirloin Steakhouse has requested to become a keno lottery sales outlet within the City of Terrytown.  By approving Resolution 19-2, the keno lottery sales outlet must comply with the rules and regulations of the Nebraska Department of Revenue adopted to carry out the provisions of the Nebraska County and City Lottery Act and comply with the City of Terrytown Ordinance No. 257 and have been recommended by the keno lottery contractor under contract with the City.  TD Relka currently has a Keno Lottery Sales Outlet Agreement with the City’s keno lottery contractor, Lucky One, LLC.  Moved by Sherlock and seconded by Green to approve Resolution 19-2 which approves TD Relka, LLC, d/b/a Sizzlin Sirloin Steakhouse as a local outlet for keno lottery within the City of Terrytown.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.

 RESOLUTION 19-2
 
A RESOLUTION APPROVING TD RELKA, LLC, D/B/A SIZZLIN SIRLOIN STEAKHOUSE AS A LOCAL OUTLET FOR KENO LOTTERY WITHIN THE CITY OF TERRYTOWN AND DETERMINING THAT THE KENO LOTTERY OUTLET MEETS THE REQUIREMENTS OF ORD. 257 PERTAINING TO THE OPERATION OF A KENO LOTTERY.
 
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF TERRYTOWN, NEBRASKA:
 
              WHEREAS, it is the desire of the City Council and the City of Terrytown to insure the qualification standards for an outlet for conducting a keno lottery in conformance with Section 9-642.01 of the Revised Statutes of the State of Nebraska; and
 
              WHEREAS, it is the desire of the City Council in order to protect the general health, safety, welfare and morals of the City of Terrytown that each sales outlet for keno lottery be a suitable establishment to conduct such sales.
 
              BE IT RESOLVED by the City Council of the City of Terrytown, based on the best information available, each keno lottery sales outlet complied with the rules and regulations of the Nebraska Department of Revenue adopted to carry out the provisions of the Nebraska County and City Lottery Act and comply with the City of Terrytown Ordinance 257, and have been recommended by the Keno Lottery Contractor under contract with the City.
 

1.  TD Relka LLC d/b/a Sizzlin Sirloin Steakhouse is hereby approved as a Keno Lottery Sales Outlet.

 
              Passed and approved this 6th day of June, 2019.
                                                                                                     Christopher Perales, Mayor
 ATTEST:
Tamera Leeling, City Clerk
 
City Attorney Libby Stobel presented Ordinance No. 449 which pertains to the development of the City’s Stormwater Pollution Prevention Plan.  This ordinance would regulate land disturbance activities to control soil erosion, set requirements for a stormwater prevention plan, and define terms, set conditions for a permit and enforcement of the permit.  A correction will be made to Item No. 7 in which the amount of initial fee will be removed.  Moved by Sherlock and seconded by Feil to waive the three reading of Ordinance No. 449.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.  Moved by Sherlock and seconded by Green to approve Ordinance No. 449 regarding stormwater pollution and permitting.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.   
 
ORDINANCE NO. 449
AN ORDINANCE OF THE CITY OF TERRYTOWN, NEBRASKA, DEALING WITH LAND DISTRURBANCE ACTIVITIES TO CONTROL SOIL EROSION, SETTING FORTH REQUIREMENTS FOR A STORMWATER PREVENTION PLAN, DEFINING TERMS, SETTING FORTH CONDITIONS FOR A PERMIT AND ENFORCEMENT OF THE PERMIT, REPEALING ALL PRIOR ORDINANCES, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION IN PAMPHLET FORM.
PASSED and APPROVED on JUNE 6, 2019.
                                                                                                     Christopher Perales, Mayor
 Attest:  Tamera Leeling, City Clerk (Seal)
Approved as to Form:  Libby Stobel, City Attorney
 
NOTE:  Ordinance No. 449 in its entirety is available for public inspection at the office of the City Clerk. 
 
City Attorney Libby Stobel explained that the purpose of the Interlocal Agreement between the City of Terrytown and the City of Scottsbluff is to authorize Scottsbluff, through its Stormwater Program Specialist, to perform and conduct stormwater facility and outfall inspections in accordance with Terrytown’s Stormwater Management Plan (SWMP). Any work performed by the City of Scottsbluff pursuant to the Interlocal Agreement will be at a rate of $41.00/hour.  Moved by Sherlock and seconded by Minzey to approve the Interlocal Agreement between the City of Terrytown and the City of Scottsbluff for stormwater facility and outfall inspections.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.
 
City Representative Kent Greenwalt presented an update on the meetings he attended on behalf of the City during the past month for Panhandle Area Development District (PADD), Heartland Express, Valley Visions and Platte Alliance Water System (PAWS).  Mr. Greenwalt also attended the Law Enforcement Memorial Service to honor fallen law enforcement officers. 
 
Panhandle Humane Society Animal Control Officer Virginia Klemm reported that they have been working with residents regarding cat trapping.  The Humane Society has been working to have some mothers and kittens transferred to Fort Collins, Colorado.  Several complaints have been received because the Humane Society has been enforcing the City ordinance concerning the number of pets allowed by residents within the City which is two pets.
 
Terrytown Resident Bill Fedorchik addressed the Council regarding vehicle speeding along Woodley Park Road to Country Club Road through Barbara Lane.  Officer Manager Tammy Leeling will contact Police Chief Kevin Spencer regarding extra police patrol from the Scottsbluff Police Department.  Mr. Fedorchik is also concerned about an abundance of garter snakes coming from the brush along the fence that borders the Carpenter Center, Michael Street and Barbara Lane.  Officer Manager Tammy Leeling will contact Carpenter Center Director Bob Nemnich regarding the issue.
 
City Clerk Tammy Leeling reminded Council that a public workshop will be conducted to review recommended changes to the proposed code book prior to being forwarded to Municipal Code Book Services for finalization.  The public workshop will be held on Thursday, June 20, 2019, at the Housing Partners of Western Nebraska Community Room, 89A Woodley Park Road in the City of Terrytown at 6:30 p.m.
 
City Clerk Tammy Leeling discussed that the date of the next regular City Council meeting falls on Thursday, July 4, 2019, therefore the next regular meeting will be the following Thursday, July 11, 2019, at 6:30 p.m.
 
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, July 11, 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