City Council

City of Torrington ) County of Goshen ) State of Wyoming ) The Torrington City Council met in regular session on Tuesday, September 18, 2018 in the City Council Chambers at 436 East 22nd Ave. at 7:00 p.m. Present: Mayor Varney, Council Members Adams, Hill, Kelly and Law. Also Present: Clerk/Treasurer Strecker, Attorney Eddington, Engineer Harkins, Chief of Police Hurd, Building Official Estes, Project Manager Weis and Deputy City Clerk Anaya. Mayor Varney called the meeting to order. Paul Puebla led the Pledge of Allegiance. Mayor Varney announced that the Torrington High School girls golf team won the Wyoming 3A State Championship for the first time in Trailblazer school history. He stated that they would be featured at the 10-02-18 Council meeting. Councilwoman Hill moved and Councilman Kelly seconded to approve the consent agenda which includes the minutes from the 09-04-18 Council meeting as published and all actions therein be ratified. Motion carried unanimously. Councilman Adams moved and Councilman Law seconded to approve the agenda as presented. Motion carried unanimously. Dennis Grubbs with the City of Torrington requested approval of a special event permit for the 18th Annual Classic Cars in the Park, 28th Annual Cow Chip Nationals and 44th Annual S.V.S.R. Rod Run that was held on September 15, 2018 from 7:30 a.m. to 5:00 p.m. The event was hosted by Scottsbluff Valley Street Rods and the City of Torrington. Mayor Varney stated that the event hosts were unaware of the fact that a special event permit had to be obtained, as it is a new requirement and had never been required previously. He indicated that an event permit was submitted for approval on 09-05-18, which was consequently after the 09-04-18 Council meeting at which the permit should have been presented for approval. Mayor Varney stated that the requested approval is a formality to ratify the special event permit that was approved by the Police Department on 09-11-18. Councilman Law moved and Councilman Kelly seconded to approve the special event permit that was approved by the Police Department on 09-11-18. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 18-16- 020 OF THE TORRINGTON MUNICIPAL CODE, 2018 REVISIONS, RELATING TO THE CITY OF TORRINGTON, WYOMING, AMENDING THE ZONING DISTRICT MAP BY ESTABLISHING “C-S” ZONING FOR A TRACT OF LAND. Building Official Estes stated as a reminder that the ordinance is a zone change from I-2 to C-S for the property located at 1818 Main Street and indicated that O’Reilly Auto Parts would be constructing a new store on the property. Councilwoman Hill moved and Councilman Adams seconded to approve Ordinance No. 1202 as presented on third reading. Motion carried unanimously. Clerk/Treasurer Strecker presented Resolution No. 2018-11 for approval. She stated that the 2009 Ford Ambulance that is utilized as a transfer unit and backup for 911 calls is out of commission yet again. The unit has mechanical issues and has been to several different locations for diagnostics/repairs, all of which have been unsuccessful. She indicated that the cause of the mechanical issues and breakdowns is yet to be determined, and due to this uncertain factor, she is recommending that the City apply for an emergency grant to fund a new ambulance through the State Loan and Investment Board (SLIB). Councilman Adams inquired what staff intends to do with the 2009 Ford Ambulance if a new ambulance is acquired. Clerk/Treasurer Strecker replied that it is anticipated that the ambulance will be traded-in. Councilman Adams moved and Councilwoman Hill seconded to declare an emergency. Motion carried unanimously. Attorney Eddington read Resolution No. 2018-11 authorizing the submission of a Federal Mineral Royalty Capital Construction Account grant application to SLIB on behalf of the governing body for the City of Torrington for a new ambulance. A grant application in the amount of $105,000.00 will be submitted to SLIB with a cash match of $35,000.00. Councilwoman Hill moved and Councilman Kelly seconded to approve Resolution No. 2018-11 as presented. Motion carried unanimously. Mayor Varney noted the time had arrived for the Council to adjourn from regular session and convene as a Board of Adjustment. Mayor Varney stated Zell Heating & Cooling requested a Conditional Use Permit for a commercial sign in a residential district for the property located at 689 West 15th Avenue. Building Official Estes commented that the building in which the business is operated out of is located in County limits, but that the commercial sign being requested to be put into use is located in City limits. A Conditional Use Permit is required because the business owner is requesting to place a commercial sign in a residential district without having a home based business in that district. The business is not in the building where the sign is located. Building Official Estes indicated that the sign has been instrumental in directing traffic towards the business. There were issues with accessing the business previously due to its peculiar location. Building Official Estes stated one opposition was submitted by a resident who resides in the area, but the Planning Commission approved the request at their 09-11-18 meeting and staff recommends approval of the permit. Mayor Varney inquired if there were size regulations imposed Page | 1 by the permit. Building Official Estes replied that the Conditional Use Permit, if approved, would apply strictly to the sign as it stands today. Any future alterations would have to be submitted for approval to the Planning Commission and Board of Adjustment. Patrick Reifschneider, owner of Zell Heating & Cooling, addressed the Mayor and Council. He stated that the only reason he is requesting the use of the sign is to assist with the confusion that the location of the business has created. Mr. Reifschneider commented that he has no intentions of modifying the sign and indicated that as soon as the opportunity presents itself he will relocate the business to a more accessible location. Mayor Varney opened the public hearing for consideration of the permit and asked for public comments for approval of the permit. Paul Puebla who resides at 638 East 24th Avenue spoke in favor of the permit. He stated that the sign will cause no harm and that the business creates jobs which are always a necessity. Mayor Varney asked for public comments against the approval of the permit, none were heard. The public hearing was closed. Councilwoman Hill moved and Councilman Adams seconded to approve the permit for Zell Heating & Cooling as presented. Motion carried unanimously. Mayor Varney returned the Council to regular session. Mayor Varney stated the Goshen Care Center Joint Powers Board requested a zone change from R-3 to R-4 for the property located at 536 East 20th Avenue. Building Official Estes commented that in order for the Goshen Community Healthcare Assisted Living Project to move forward, the zoning for the property needs to be changed to R-4. He stated the Planning Commission approved the request at their 09-11-18 meeting, staff recommends approval and he has received no public comment. Councilman Kelly inquired what the difference between R-3 and R-4 zoning was. Building Official Estes replied that the difference is in terms of the type of family dwellings that are allowed in each type of zone. R-3 zoning allows two family dwellings and R-4 zoning allows multiple family dwellings. Mayor Varney opened the public hearing for consideration of the zoning request. He asked for public comments for or against the approval of the zoning request, none were heard. The public hearing was closed. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 18-44- 020 OF THE TORRINGTON MUNICIPAL CODE, 2018 REVISIONS, RELATING TO THE CITY OF TORRINGTON, WYOMING, AMENDING THE ZONING DISTRICT MAP BY ESTABLISHING “R-4” ZONING FOR A TRACT OF LAND. Councilwoman Hill moved and Councilman Law seconded to approve the ordinance on first reading as presented. Motion carried unanimously. Engineer Harkins presented the bid results for the 2019 East D Street at Highway 26 Right Turn Lane Project. He stated staff recommended awarding the bid to J-Built Homes, Inc. of Torrington, Wyoming in the amount of $37,458.80 and reserve $7,500.00 (20%) for contingency for a project total of $44,958.80. The project consists of the construction of a right turn lane at the intersection of East D Street and Highway 26. A raised median will be constructed to separate the left and right turning lanes and ADA ramps will be installed as a part of the project. Engineer Harkins indicated that the Wyoming Department of Transportation was informed of the project and has issued the City an Access Permit to construct the modified intersection. The project must be substantially complete prior to June 28, 2019. Councilman Kelly stated that the construction of a raised median seems problematic to him. Engineer Harkins commented that the raised median was incorporated into the project plans for the protection of pedestrians walking across the intersection, as the intersection at the location, the way it is currently designed, will end up being over 100 feet wide. Councilman Kelly inquired about the design of the turn radius for the project. Engineer Harkins replied that the current turn radius is anywhere from 10 to 15 feet, which has created several issues causing repeated damage to the stop sign at the location. The proposed turn radius will be 45 feet. Councilman Adams commented that the right turn will not be a right angle turn but rather more of a sweep. Councilman Law moved and Councilman Adams seconded to award the bid to J-Built Homes, Inc. of Torrington, Wyoming in the amount of $37,458.80 and reserve $7,500.00 (20%) for contingency for a project total of $44,958.80 as presented. Motion carried unanimously. Project Manager Weis presented the bid results for the 2019 Friendship (Goose) Park Improvements Project. He stated staff recommended awarding the bid to J-Built Homes, Inc. of Torrington, Wyoming in the amount of $141,604.00 and reserve $14,160.00 (10%) for contingency for a project total of $155,765.00. The project consists of demolition of the existing exposed aggregate concrete, removal and replacement of the brick pavers, construction of a new concrete planter box, 480 square yards of new colored concrete for the park and removal and replacement of 1,295 square yards of 6 inch parking pavement and alley surfacing. Project Manager Weis indicated that the project must be substantially complete prior to June 28, 2019. Councilman Adams commented that the location of the project seems appropriate for the addition of electric vehicle charging stations and inquired if discussion has taken place on that topic. Project Manager Weis replied that the topic has never been discussed, but could certainly be researched. Councilman Kelly stated that he does not rate the project as a high priority as he can only identify a certain section of concrete that is damaged and he cannot justify the use of the parking lot as it is currently never utilized to its capacity. He commented that he would rather take the funding that was budgeted for the project and transfer it to be used to fund the construction of a new recycling center building. Project Manager Weis responded that even if the concrete that is damaged were to simply be patched, there are still drainage issues at the location that if not corrected Page | 2 will create settlement in the long run. Councilwoman Hill inquired what the process would be to formally take the funding that was budgeted for the project and reallocate it to fund a new recycling center building. Clerk/Treasurer Strecker replied that the process would consist of the Mayor and Council directing her to amend the budget, the funds would then be moved from the General Fund to the Sanitation Fund. Councilman Kelly moved and Councilwoman Hill seconded to reject the bid from J- Built Homes, Inc. Councilman Adams stated that the project is necessary in order to correct noticeable issues, and to attempt to attract more people to utilize the park and make it more usable. Councilwoman Hill commented that she has no doubt that the project will improve the aesthetics of the park, but that she is not confident that it will make it busier or more user friendly due to its location. Councilman Law stated that enhanced parking would be beneficial as parking on Main Street is very limited on weekend nights and that this project will assist with increasing public awareness to improve the community. Voting aye Hill and Kelly, nay Adams, Law and Varney, motion died for lack of majority. Councilman Law moved and Councilman Adams seconded to award the bid to J-Built Homes, Inc. of Torrington, Wyoming in the amount of $141,604.00 and reserve $14,160.00 (10%) for contingency for a project total of $155,765.00 as presented. Voting aye Adams, Law and Varney, nay Hill and Kelly, motion carried. Clerk/Treasurer Strecker presented a Financial Report for Fiscal Year 2018 ending June 30, 2018. She stated that there is a significant change from the previous Financial Report in the unrestricted funds portion due to the recent updates to the Investment Policy. She indicated that $7,000,000.00 were invested through Moreton Asset Management and that within two months the investment has earned $25,083.88 in revenue. The total restricted and cash on hand was $13,681,446.35. A weighted average rate has been added to the report for comparison purposes. The percentage previously was 1.5%, it increased to 1.66% this report period. The accounts receivable/utility billing amount past due was $40,397.11, the amount at collections was $80,886.53 and $2,015.37 was turned over to the City Attorney. The estimated cash beginning balance for the FY19 budget was $11,661,182.03 and the actual cash available for FY19 is $11,674,935.81. Net revenue for all funds was $1,010,304.14, which in comparison to the previous fiscal year has decreased overall. The long-term debt and capital leases total debt outstanding was $5,152,848.71 and sales tax has decreased slightly. However, recent sales tax collections in the current fiscal year have yielded positive results. Councilman Adams moved and Councilwoman Hill seconded to accept the Financial Report for Fiscal Year 2018 ending June 30, 2018 as presented. Motion carried unanimously. The bills from 09-05-18 to 09-18-18 were presented for payment. Councilman Law moved and Councilwoman Hill seconded to approve the bills for payment as presented. Motion carried unanimously. Councilwoman Hill moved and Councilman Adams seconded that there being no further business to come before the Council to adjourn at 8:22 p.m. Motion carried unanimously. The following bills were approved for payment: 63772 BRANDON AUTOMOTIVE INC. TPD-11 2018 SXT Chargers 228503.00;63773 TORRINGTON EMPLOYEES INSURANCE select flex contributions 2989.70;63774 TOUCHTONE COMMUNICATIONS INC. long distance 94.75;63775 CENTURYLINK TVFD phone/data line 286.16;63776 VERIZON WIRELESS TVFD cell phones 96.17;63777 AGUALLO, STEPHANIE M. final bill-deposit return 149.47;63778 HILL, DEANNA travel expense reimb-meal/mileage 163.26; 63779 REICH, LYMAN final bill-deposit return 20.04;63780 HUCKFELDT, JORDAN final bill-deposit return 263.90;63781 FREOUF, VIOLET M. final bill-deposit return 21.38;63782 ROOD, GREGORY M. final bill- deposit return 146.59;63783 ROOP, WADE final bill-deposit return 142.48;63784 TUCK, NATHAN final bill-credit/deposit return 39.60;63785 HULSCHER, BARBARA final bill-credit return 112.19;63786 BAUMANN, SAMANTHA final bill-deposit return 62.97;63787 21ST CENTURY EQUIPMENT LLC mower blades,air filter 260.50;63788 AED EVERYWHERE INC. battery 331.75;63789 ABY MANUFACTURING GROUP INC. badge 125.75;63790 ACCENT WIRE-TIE freight-return handheld programmer 120.87;63791 ACTION COMMUNICATIONS INC. check repeater-water tower 160.00;63792 APPLIED CONCEPTS INC. TPD equipment-antennas/dash mounts 16695.00;63793 GEMPLER'S coveralls 64.98;63794 ATCO INTERNATIONAL deodorant 368.00;63795 AV-TECH ELECTRONICS INC. TVFD emergency vehicle lights 662.20;63796 AVI PC WWTP Plan Review 9661.50;63797 NATIONAL METER & AUTOMATION water meters 15522.48;63798 BAGIT LLC recycle bags 79.65;63799 BLACK HILLS ENERGY utilities-gas 1200.14; 63800 BOMGAARS SUPPLY INC. extension cords,plastic crates,mats 118.93;63801 BORDER STATES INDUSTRIES INC. relay switches,repair fiberglass hot stick,shorting/entrance caps,meter bases/breakers, conduit,hard hats,elbows,adapters,couplings,connectors,2 hole straps,flex pipe,LED worklights,flame resistant work clothes,volt meter/hanging kit,dead-end arms,transformer mounts,electric tape,ground rod,voltage tester 9258.80;63802 CANON FINANCIAL SERVICES INC. copier contracts 839.00;63803 CASELLE INC. contract support & maint 1990.00;63804 CENTURY LUMBER CENTER wall faucet,nails, paint,insulation board,elbows,drano max,cedar split rails,end posts,fire hose nozzle,hinges,pines,boat snaps,acetone,solenoid repl kits,plug,tee,keyed locks,screws,power bits,roller trays,tray liners,roller covers,brushes,pole sets,wire frames,spray heads,cable ties,tape,cut-off risers,sealant,silicone,hem firs, wire nuts,utility knife blade packs,wire connector,portable cable,S hooks,pail joint compound,hitch ball, fasteners,angle grinder,bushing,coupling,nipple,spray paint 1199.02;63805 CIRCUIT COURT OF GOSHEN Page | 3 CO payroll withholding 106.32;63806 CIRCUIT COURT OF GOSHEN CO payroll withholding 352.85;63807 PRODUCTIVITY PLUS ACCOUNT mower parts 114.10;63808 CITYSERVICEVALCON LLC aviation gas 20908.37;63809 CITY OF TORRINGTON payroll withholding 239.86;63810 CITY OF TORRINGTON c/o FIRST STATE BANK optional sales tax 76993.11;63811 CIVICPLUS INC. website redesign/hosting annual fee 8750.00;63812 CLARKE, JOSEPH A. new interior water lines,hook up drain 1090.00;63813 COMMUNITY HOSPITAL ambulance supplies 82.39;63814 CONNECTING POINT copier all-inclusive service contracts/monthly charges 357.63;63815 CONTRACTORS MATERIALS INC. eyeglass wipes,cargo pants,paint,sand bags 203.95;63816 CRONK, MORRIS D. check AC/compression/clutch,oil 135.00;63817 CULLIGAN WATER OF TORRINGTON water delivered,dispenser rental,salt 348.60;63818 DANA KEPNER CO INC. safety hydrant flange repair kits w/ steel safety couplings 390.00;63819 DECKER, STEVE greens fungicide,hyd oil,adhesives adjuvants,chemical additive,pro patch 4768.25;63820 DENNIS SUPPLY CO tension checker/browning belt tension checker 46.67;63821 DENT, DAVID A. Golf Pro Payable 2974.82; 63822 DIVERSIFIED SERVICES INC. recycle crew,cleaning visits 4981.00;63823 ELECTRO-TEST & MAINT INC. mobilization/per diem,labor,oil analysis 2235.00;63824 ENERGY LABORATORIES INC. lab testing 600.00;63825 FAMILY SUPPORT REGISTRY payroll withholding 235.97;63826 FIRE CATT LLC fire hose testing,ground ladder testing-City portion 1553.68;63827 FLOYD'S TRUCK CENTER INC. safety valve,air dryer cartridge 38.26;63828 PRO QUALITY PEST CONTROL rodent/pest control 130.00;63829 GOSHEN CO ECONOMIC 1/4 cent sales tax 19248.58;63830 GOSHEN CO ECONOMIC monthly contribution 2500.00;63831 GREAT-WEST TRUST CO LLC payroll withholding 1516.00;63832 GREATAMERICA FINANCIAL SERVICES CORP copier leases 448.00;63833 USABLUEBOOK buffer pack/storage solution, chlorine tests 274.81;63834 HAWKINS INC. sodium hydrox,diaphragm 1765.65;63835 HICKEY & EVANS LLP PSC attorney e-mails/calls 271.75;63836 IDEAL LINEN SUPPLY mats,scrapers,sam dust/energy fees, coveralls,sam garment fees,towels,sam linen,mops,terry rags,tork dispenser,grill bricks,toilet bowl cleaner packs 1018.75;63837 INDUSTRIAL DISTRIBUTORS bolts,wd-40 spray,wasp/hornet spray,gloves 509.80;63838 I.T.C. coats 212.00;63839 JAMES A EDDINGTON PC City Attorney 6666.00;63840 K & K COMMUNICATIONS paging service-elec meters 12.00;63841 FRANK PARTS CO battery,air filter,oil, battery charger,funnel,fuse,head light,horsepower belt,propane 620.14;63842 KNUDSEN LAW OFFICES Municipal Court Judge 2000.00;63843 L N CURTIS & SONS battery charger/shoreline charge in bay-grass rig 866.77;63844 LEAGUE NE MUNICIPALITIES electric underground distribution workshop 325.00;63845 LUJAN CLEANING SERVICE LLC cleaning,window cleaning 273.00;63846 NEOFUNDS by NEOPOST postage 704.24;63847 MCKEE, KAREN R. & MARTIN B. TPD shirts printed 79.36;63848 MCMASTER-CARR SUPPLY CO steel wire rope 531.99;63849 MCMURRY READY MIX CO grading W base 89.96;63850 THE METAL SHOP tube,welding wire,CO2,gouging tip 290.04;63851 MERITAIN HEALTH INC. premium-ins/life admin 33041.62;63852 MERIDIAN TRUST FEDERAL CREDIT UNION payroll withholding 2123.00;63853 MIRACLE RECREATION EQUIPMENT CO repl slide,canopy,rung 1131.60;63854 MUNICIPAL ENERGY AGENCY OF NE wholesale power,monthly rita installment 489492.64;63855 NEW YORK LIFE payroll withholding 359.37; 63856 NEWMAN SIGNS INC. traffic signs 79.91;63857 NORTH PARK TRANS CO crate of exhibits 79.51; 63858 NORTHWEST PIPE FITTINGS INC. elbows,curb stop,low leads,poly pipe 437.07;63859 NORTHWESTERN UNIVERSITY school of police staff/command-online 4000.00;63860 OLSON TIRE CO dual tire repair,rad patch,tires 103.00;63861 ONE CALL OF WY tickets for CDC code TRG 86.25;63862 PANHANDLE COOP candy-parade,propane,tires,oil,diesel 9455.32;63863 ENVIRO SERVICES INC. lab analysis 30.00;63864 PANHANDLE GEOTECH & ENVIRO INC. gradation analysis 99.00;63865 CITY OF TORRINGTON c/o PINNACLE BANK health reserve non-insured employer premium 7571.94;63866 PINNACLE BANK usps,transformers,pvc end bells,handbook-electricity metering,travel expenses-meals/ lodging/fuel,training registration fees,permit fee,cleaner,cell phone cases,pvc conduit,socket spanner key,mini stuffed animals set,ph test strips,dog waste station supplies,dishwashing detergent tabs 2887.54;63867 PRINT EXPRESS INC. name plates,business cards 118.25;63868 QUILL CORPORATION pens,liquid chalk marker,ink card 48.96;63869 RAPID FIRE PROTECTION INC. fire suppression/backflow testing 825.00;63870 REGIONAL CARE INC. select flex admin 90.00;63871 SPECTRUM ENGINEERING RESOURCES Cold Springs substation construction management/inspection,materials&services,design& drawings 6031.75;63872 ROCKY MOUNTAIN INFO NETWORK RMIN Annual Membership Fees 100.00; 63873 RUSSELL INDUSTRIES INC. gate valve,gasket 749.15;63874 SAM'S CLUB/SYCHRONY BANK napkins, memo books,coffee,air fresheners,permanent markers,tape,kleenex,terry towels,spray bottles,dish detergent 485.22;63875 SANITAS TECHNOLOGIES LLC software license renewal 395.00;63876 1000BULBS.COM led tube lights,ready strip fixtures 487.51;63877 SHERWIN WILLIAMS paint 271.25; 63878 SNELL SERVICES INC. backflow testing,check heat pump/labor 723.00;63879 SNOW CREST CHEMICALS LLC cooling water/aqucar micro treatments 1538.90;63880 STUART C IRBY CO glove/sleeve testing,lineman mittens 722.25;63881 SUEZ WTS USA INC. monthly chemical management 7748.79; 63882 SZYMANSKI, DANIEL JAMES Airport Operator Contract 1562.50;63883 T D S COLLECTIONS SERVICE INC. Sanitary Sewer Outfall Line Project 106947.00;63884 SOUTHWESTERN EQUIPMENT CO air actuator 499.10;63885 TITAN MACHINERY INC. actuator-linear 757.20;63886 TOPKOTE INC. Chip Seal Schedule 91660.57;63887 TORRINGTON EMPLOYEES INSURANCE premium 98697.59;63888 TORRINGTON FIRE DEPT navigator light bar reimb 1006.75;63889 U S POSTMASTER credit for postage 850.00;63890 GRAINGER dust mop handle,wall containers-preforms 201.80;63891 WALTON, JAMES H. Page | 4 Airport Operator Assistant Contract 970.00;63892 WASHINGTON NATIONAL INSURANCE CO payroll withholding 32.70;63893 WEGLIN JR., EDWARD H. mow/trim 220.00;63894 WESTERN COOPERATIVE CO tuff turf mix,herbicide,unleaded fuel,diesel 14135.80;63895 WESTERN PATHOLOGY CONSULTANTS drug screen,urine collection 62.10;63896 WORKING PERSON'S STORE safety eyewear 52.90;63897 WYO- BRASKA ENTERPRISES INC. fall sterilant,broadleaf control,non-selective 2463.00;63898 WYO-BRASKA IRRIGATION & SUPPLY LLC sprinkler repair parts 143.29;63899 WY CHILD SUPPORT ENFORCEMENT payroll withholding 202.45;63900 WY CHILD SUPPORT ENFORCEMENT payroll withholding 262.61;63901 WY LAW ENFORCEMENT ACADEMY domestic violence training 110.00;63902 TORRINGTON TELEGRAM ads,legals 4134.66;63903 WYRULEC CO Landfill Electric 161.99;63904 GRAYBILL, TAMI final bill-deposit return 63.07 Page | 5