Terrytown City Council agenda and minutes from October 2016 to the most recent meeting.
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CITY OF TERRYTOWN
The City of Terrytown Council met on Thursday, February 1, 2018, at 6:30 PM, for their regular 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, Chris Perales and Marcia Sherlock. Absent: Cyinda Kriner. 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.
There were no additions, changes, or emergency items added to the agenda.
A Public Hearing was held on three matters previously approved by the Planning Commission: 1) Amending the City’s zoning ordinances to reflect the creation of a Recreational Zone; 2) Changing the Zoning of Terry’s Lake from a Commercial District to a Recreational District and 3) Changing Zoning of the Carpenter Center from a Commercial District to a Recreational District. City Attorney Libby Stobel explained that the City of Terrytown Planning Commission met on January 11, 2018, and all members voted in favor of recommending the proposed changes to the City’s existing zoning ordinances to reflect the creation of a Recreational District. The Planning Commission further unanimously recommended the Change of Zoning from Commercial to Recreational for Terry’s Lake and the Carpenter Center, as their present commercial zones do not allow parks and recreational facilities as permitted uses. Furthermore, recognizing that there are no City-owned parks or recreational facilities, the City understands the need to preserve the present uses of these areas for passive and active recreation for its citizens. Ordinance No. 443 has been proposed to amend the city’s zoning ordinance to reflect the addition of a recreational zone and would republish the zoning code in its entirely. The proposed passage of Ordinance No. 444 would then amend the city’s official zoning map to reflect a change of zoning of Terry’s Lake and the Carpenter Center to a Recreational District. There being no public comment, the public hearing was closed by Mayor Greenwalt.
Moved by Sherlock and seconded by Green to approve the minutes of the regular meeting of January 4, 2018. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
KENO FUND: Nebraska Public Power District, Utilities, 105.63; Carpenter Center, Contribution, 250.00; GENERAL FUND: Hugo Chairez, Wages, 1262.69; Tamera Leeling, Wages, 931.46; Dennis McLaughlin, Wages, 988.80; Intralinks, Inc., Repairs/Maintenance, 47.50; Print Express, Office Expense, 285.65; Chamber of Commerce, Membership, 448.00; Scottsbluff Star-Herald, Legal Publications, 237.08; Verizon Wireless, Cellular Service, 475.61; Simmons Olsen Law Firm, Legal Fees, 2011.50; Visa, Credit Card Purchase-Trend Micro/Office Expense, 32.05; Petty Cash, Supplies, 99.37; Twin Cities Development, Membership, 1500.00; Nebraska Department of Revenue, Income Tax Withholding/2017-4th Quarter, 989.50; Nebraska Public Power District, Utilities, 353.42; Charter Communications, Shop Telephone/Internet, 121.09; City of Scottsbluff, Emergency Management Fee, 211.01; Dana Cole & Co., Accounting, 1690.00; Ellison, Kovarik & Turman, Legal Fees, 227.50; Guardian Insurance, Life Insurance, 21.00; Windstream, Telephone, 6.22; Hugo Chairez, Wages, 1116.41; Tamera Leeling, Wages, 885.96; Dennis McLaughlin, Wages, 895.34; Chamber of Commerce, Annual Banquet Tickets, 50.00; Capital Bank & Trust, Simple IRA Employer Contribution, 809.45; DBO Digital Marketing, Office Expense, 660.00; Principal Insurance, Vision Insurance, 41.55; Indoff Incorporated, Supplies, 23.64; City of Gering, Panhandle Clerks Meeting/Lunch, 9.50; Anton Collins Mitchell (ACM), Audit FY2017, 5400.00; Capital Bank & Trust, Simple IRA Employee Contribution,
800.00; Carpenter Center, Office Rent/Contract Labor, 1172.00; Charter Communications, Office Telephone/Internet, 171.57; Panhandle Co-Op, Repairs/Maintenance, 34.45; Cyclone Express, Fuel, 297.88; Panhandle Humane Society, Pest Control, 600.00; Ideal Linen & Uniform, Supplies, 121.16; Indoff Incorporated, Supplies, 53.22; Johnson Cashway Lumber Co., Supplies, 22.49; Moneywise Office Supply, Supplies, 9.84; Print Express, Office Expense, 454.50; Respond First Aid Systems, Supplies, 47.74; Scottsbluff Police Department, Police Labor, 7683.33; Western Plains Business Solutions, Supplies, 14.82; ZM Lumber Company, Supplies, 22.99; WATER FUND: Henning’s Construction, Repairs/Maintenance, 3785.00; City of Gering, Wholesale Water Sales, 8360.68; Nebraska Public Power District, Utilities, 326.71; Nebraska Public Power District, 305.49; Henning’s Construction, Repairs/Maintenance, 1100.00; Nebraska Rural Water Association, Membership, 175.00; Henning’s Construction, Contractor’s Pay Application No. 4 (Phase 1-Water Project), 113371.88; Henning’s Construction, Contractor’s Pay Application No. Final (Phase 1-Water Project), 21522.19; Enviro Services, Inc., Lab Fees, 40.00; Northwest Pipe Fittings, Inc., Repairs/Maintenance, 482.76; Terry Carpenter, Inc., Well Lease, 438.00; Best Plumbing Cooling and Heating, Repairs/Maintenance, 1580.00; SEWER FUND: Enviro Service, Inc., Lab Fees, 132.00; Nebraska Public Power District, Utilities, 2307.50; City of Scottsbluff, Wastewater, 14666.01; Nebraska Public Power District, Utilities, 478.20; Enviro Service, Inc., Lab Fees, 173.00; Terry Carpenter, Inc., Land Lease, 150.00; Waste Connections, Trash Collection, 7019.73; STREET FUND: Hitches Galore, Repairs/Maintenance, 556.00; Henning’s Construction, Repairs/Maintenance, 936.00; Nebraska Public Power District, Utilities, 267.53. Moved by Sherlock and seconded by Green to approve the payment of claims as presented. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
Moved by Green and seconded by Sherlock to approve Check #15538 to Best Plumbing Heating and Cooling in the amount $1,580.00 for payment of water leak repairs performed on West Street. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
City Administrator/Treasurer Lonnie Miller reviewed the December 2017 Financial Statements.
City Administrator/Treasurer Lonnie Miller explained that the City currently has liability coverage of $3 million per occurrence for auto liability, general liability and public official liability through the League Associates of Risk Management (LARM). Mr. Miller recommended increasing the City’s liability from $3 million per occurrence to the maximum of $5 million per occurrence representing the state statutory limits under the Political Subdivision Tort Claims Act. The cost to increase the City’s liability coverage is $1,146.00 per year. Moved by Green and seconded by Perales to increase liability coverage limits from $3 million per occurrence to $5 million per occurrence for $1,146.00 per year. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
City Clerk Tamera Leeling reported that the City applied and was approved for a LARM Safety Grant in the amount of $500. The grant money will be used to purchase short-sleeved shirts, long-sleeved shirts and hoodies in the safety yellow color for the two full-time maintenance employees and the one seasonal park employee. Steel-toed safety boots will also be purchased for one full-time maintenance employee and the seasonal park employee. The purchases need to be made during the fiscal year that ends on September 30. The City can apply for safety grant each fiscal year.
City Clerk Tamera Leeling presented an update on the City’s website. The website is live and has been updated so that it is current. The council considered and decided to table the use of web-based email addresses for city council members, in order to allow citizens to contact city council members through a web-based email system.
Police Chief Kevin Spencer reported that a car seat check conducted every fourth Saturday is well attended and findings are that 90% improperly installed. Chief Spencer will send a list of dates and other events to City Clerk Leeling to put on the website calendar and in the newsletter. The Computer Aided Dispatch and Records Management System will be live in October. Two officers are currently at the Nebraska Law Enforcement Academy and the newly appointed corporals started their positions on January 8, 2018.
Dave Schaff from M.C. Schaff and Associates discussed the water main leaks in the Bellevue Subdivision. Utility Supervisor Hugo Chairez reported that 387,000 gallons of water was being lost due to the water leaks in this area. The most severe leak was caused by a crack in a 6-inch main. Since the repairs on the water leaks, the water usage is down to 144,000 per day.
Council next heard concerns regarding traffic patterns on Terry Boulevard from Woodley Park Road/Canal to the dead end. Carpenter Center Director Bob Nemnich stated that due to an increase in activities at the Carpenter Center, spectator parking creates traffic congestion. Mr. Nemnich suggested establishing a no parking restriction on one side of Terry Boulevard. Flyers had been distributed to affected residents on Terry Boulevard, but no residents directly affected were in attendance. This item was tabled until March’s meeting to give residents an additional opportunity to respond.
The Council next reviewed the revised Terry’s Lake Lease with Terry Carpenter, Inc. (TCI), which is set to expire at February 28, 2018. Currently, the City pays $2,000.00 per year in rent, all real estate taxes and maintains liability coverage on the lake of $1 million. The proposed revised agreement increases rent to $4,000.00 per year for 2018, and the City continues to pay real estate taxes. It also proposes that each party pay their own respective legal fees and the City increase insurance coverage to $2 million. Currently the City carries insurance coverage of $3 million but will be increasing the liability cover to $5 million regardless. Moved by Perales and seconded by Sherlock to extend the lease agreement between Terry Carpenter, Inc. (TCI) and the City of Terrytown for five years at $4,000 per year. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
An annual agreement for painting of traffic stripes and red curbs by the City of Scottsbluff was discussed. The City does not have the equipment to perform these tasks and contracts with the City of Scottsbluff to do this work two times a year. Moved by Sherlock and seconded by Green to approve the contract between the City of Scottsbluff-City of Terrytown concerning traffic stripes and red curbs painted on the principal streets of Terrytown. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
An annual agreement for street sweeping by the City of Scottsbluff was also reviewed. Moved by Perales and seconded by Sherlock to approve the contract between the City of Scottsbluff-City of Terrytown concerning street sweeping on public streets in Terrytown. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
A request from Legacy Communications/KOAQ to locate a junction box for their main transmitter line in the alleyway behind South Street was reviewed. Damage to the KOAQ main transmitter line occurred during Phase I of the Water Project. Legacy Communications requested approval to run a transmitter line underground or if necessary, to install a 3’ x 3’ junction box along the alleyway in the City’s right-of-way. Utility Supervisor Hugo Chairez and Shawn Green from Waste Connections determined that there is ample space to place a junction box in the right-of-way without interfering with trash collection. Moved by Sherlock and seconded by Green to approve KOAQ to place a junction box in the City’s right-of-way in the alleyway behind South Street pending a final inspection by City Engineer Jeff Wolfe. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
Moved by Sherlock and seconded by Green to waive the three readings of Ordinance No. 443. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved. Moved by Perales and seconded by Sherlock to approve Ordinance No. 443 Amending the City of Terrytown Zoning Ordinance to Reflect the Addition of a Recreational Zone and Republish Zoning Code in its entirety. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
ORDINANCE NO. 443: CITY OF TERRYTOWN ZONING ORDINANCE
Approved by City Council
February 1, 2018
Approved by Planning Commission
January 11, 2018
AN ORDINANCE OF THE CITY OF TERRYTOWN, AMENDING THE CITY ZONING ORDINANCE BY PROVIDING FOR A RECREATIONAL DISTRICT AND REPEALING PRIOR SECTIONS.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF TERRYTOWN, NEBRASKA:
Section 1.The city has decided to adopt the recommendation of the Planning Commission to amend the zoning ordinance to include a Recreational District.
Section 2.The City of Terrytown Zoning Ordinance is hereby amended to provide as follows:
SECTION 1. TITLE
1.01. A Comprehensive Zoning Code for the City of Terrytown is established as set out in this Ordinance. This Ordinance and any later amendments to it shall be known as the "Terrytown Zoning Code" and may be cited by that name.
SECTION 2. PURPOSE AND INTENT
2.01. This zoning code is intended to serve the following purposes:
1. To promote the health, safety, morale, comfort and general welfare of the City and its surrounding area; and
2. To preserve and protect property values throughout the City and its surrounding area.
3. To restrict and regulate the height, number of stories, and size of buildings and other structures; the percentage of lot coverage; the size of yards and other open spaces, and the density of population.
4. To divide the City and the area over which it has zoning jurisdiction into zoning districts.
5. To regulate and restrict the location and use of buildings and land within each district or zone.
6. To conform with objectives and policies of the Comprehensive Plan.
SECTION 3. GENERAL PROVISIONS
3.01. Jurisdiction: This Ordinance shall apply to the incorporated area of the City of Terrytown, Nebraska and that portion of the area outside of the City Limits which is within the area of planning and zoning jurisdiction as indicated on the Official Zoning Map of the City of Terrytown, as may be amended from time to time.
3.02. Districts: The following zoning districts are established:
"R-1" Low Density Residential District "R-2" High Density Residential District
"OMH" Owned Mobile Home District
"MH" Mobile Home District
"C" Commercial District
“RC” Recreational District”
"FP" Flood Plain District
3.03. Zoning Map: The boundaries of the districts are shown on the Official Zoning Map which is filed in the office of the City Clerk. The zoning map and all notations, references, and other information shown thereon, are as much a part of this Zoning Ordinance as if these notations, references, and other information were specifically set forth herein.
SECTION 10. "RC" RECREATIONAL DISTRICT
10.01 Intent. The intent of this district is to preserve, encourage, and facilitate passive and active recreation for the citizens of Terrytown, by providing open areas, parks, and planned, integrated recreational centers.
10.02 Permitted Uses. In District "RC" no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses:
1. Auditoriums and meeting rooms
2. Archery ranges
3. Baseball and softball facilities
4. Basketball courts
5. Batting cages
6. Fishing lakes and ponds
7. Football fields
8. Golf driving range
9. Golf pitch and putt courses
11. Laundry facilities
12. Lawn and court games
13. Libraries, museums, or facilities for municipal, county or other governmental services
14. Miniature golf courses
15. Nursery school, Day Care Center, head start or other educational facilities; provided they are operated in conjunction with the recreation facilities
16. Parks and open spaces
17. Picnic and barbecue facilities
19. Non-profit recreational centers
20. Senior or youth activity centers
21. Skating rinks
22. Swimming pools or natatoriums
23. Storm shelters
24. Tennis courts
25. Volleyball courts
26. Walking, running, and biking paths
10.03 Incidental Uses in "C".
1. Parking and driveway areas relating to Permitted Uses
2. Office space or storage incidental to any Permitted Use
10.04 Conditional Uses in "C".
1. Private Clubs and lodges
2. Medical Dental, or Health Clinics
10.05 Intensity of Use Regulations.
1. Minimum lot area: None.
2. Minimum lot width: None.
10.06 Height Regulations.
1. Maximum structure height: 35 feet. Provided the Maximum height of a use permitted as a special exception and its accessory structure shall be 75 feet.
10.07 Maximum Lot Coverage.
1. Maximum lot coverage, including all buildings, structures, and accessory buildings shall occupy no more than 50% of the total lot area
10.08 Use Limitations.
1. No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
2. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
Passed and approved this 1st day of February, 2018.
City Clerk (Seal)
NOTE: A complete copy of Ordinance No. 443 is available for inspection at the City of Terrytown Office, 116 Terry Boulevard, Gering, Nebraska.
Moved by Sherlock and seconded by Green to waive the three readings of Ordinance No. 444. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved. Moved by Perales and seconded by Sherlock to approve Ordinance No. 444: Amending the City of Terrytown Official Zoning Map to Reflect a Change of Zoning for Terry’s Lake and the Carpenter Center to a Recreational District. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
ORDINANCE NO. 444
AN ORDINANCE OF THE CITY OF TerryTOWN, NEBRASKA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TERRYTOWN TO REZONE Terry’s Lake and the TERRY AND HAZELDEANE Carpenter INTERGENERATIONAL Center withiN THE CITY OF TERRYTOWN, SCOTTS BLUFF COUNTY, NEBRASKA FROM COMMERCIAL DISTRICTS TO RECREATIONAL DISTRICTS; reincorporating the official zoning map, as amended; REPEALING PRIOR SECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Be it ordained by the Mayor and City Council of the City of TERRYTOWN, Nebraska:
Section 1. The Official Zoning Map of the City of Terrytown, Nebraska is hereby amended to provide that the following Real Estate within Scotts Bluff County, Nebraska shall be zoned as a Recreational Districts. The Official Zoning Map of the City of Terrytown, shall be reincorporated as amended herein.
Section 2. Ordinance 365 and other Ordinance in conflict with this Ordinance are repealed as of the effective date of this Ordinance.
Section 3. This Ordinance shall become effective upon its passage, approval, and publication as provided by law.
Passed and approved this 1st day of February, 2018.
City Clerk (Seal)
Resolution 18-2 regarding a credit card processing fee for city utility customers was presented. This resolution assesses any convenience fee to the city utility customers at applied at the time of the payment at the current rate. Currently the rate charged to the City is 2.18%. Moved by Sherlock and seconded by Green to approve Resolution No. 18-2 concerning the Credit Card Processing Fee for City Utility Customers. Aye’s: Green, Perales and Sherlock. Nay’s: None. Motion approved.
WHEREAS, the Terrytown City Council shall establish fees for processing credit card and debit card transactions.
WHEREAS, a fee is assessed to the City of Terrytown for credit card and debit card transactions.
WHEREAS, credit and debit card processing fees shall be established as follows:
RATE; credit card and debit card processing fees shall be based on the current rate charged to the City of Terrytown. The current fee will be posted at all City locations where credit and debit card transactions are accepted.
Resolution 18-2 provides that the City shall only charge to the customer the rate that is assessed to the City for credit and debit card transactions
NOW THEREFORE BE IT RESOLVED that effective February 1, 2018 the City of Terrytown shall charge a processing fee for all credit and debit card transactions.
Adopted this 1st day of February, 2018.
Kent Greenwalt, Mayor
There being no further business to come before the Council, moved by Green and seconded by Sherlock to adjourn to the next called meeting on Thursday, March 1, 2018, 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