City Council

City of Torrington ) County of Goshen ) State of Wyoming ) The Torrington City Council met in regular session on Tuesday, December 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 and Deputy City Clerk Anaya. Mayor Varney called the meeting to order. Attorney Eddington led the Pledge of Allegiance. Paul Puebla led America The Beautiful. Mayor Varney announced that in observance of the Christmas and New Year’s holidays, all City of Torrington offices will be closed on Monday and Tuesday, December 24-25, 2018 and on Tuesday, January 1, 2019, and stated that business will resume as usual on Wednesday, December 26, 2018 and Wednesday, January 2, 2019 respectively. Mayor Varney stated as a reminder that the City Council meeting originally scheduled for Tuesday, January 1, 2019 has been changed to Wednesday, January 2, 2019 due to the New Year’s holiday falling on Tuesday. The meeting will be held at the regular scheduled time. Chief of Police Hurd, Police Officer K-9 Handler Ringrose and his K-9 partner Police Dog Angel gave a narcotic detection demonstration to the Mayor and Council. Mayor Varney read a holiday card received on behalf of the Goshen County Senior Friendship Center. The card expressed the center’s sincere appreciation for the City’s support over the years and wished Mayor Varney an enjoyable retirement. Mayor Varney read a holiday card from the Goshen County 2 Shot expressing their gratitude for the City’s ongoing support of the event. Councilman Law moved and Councilman Adams seconded to approve the consent agenda which includes the minutes from the 12-04-18 Council meeting as published and all actions therein be ratified. Motion carried unanimously. Councilwoman Hill moved and Councilman Kelly seconded to approve the agenda as presented. Motion carried unanimously. Councilman Law gifted Mayor Varney a Union Pacific Historical Society 2019 Calendar and wished him a happy retirement. Attorney Eddington stated that The Open Barrel Brewing Company, LLC requested approval of the dual holding of a microbrewery permit and a retail liquor license as permitted by State Statute 12-4- 412(b)(iii)(A) at its establishment located at 1930 Main Street. He indicated that the specific provision in the statute states that the local licensing authority, “May approve the dual holding of a microbrewery permit or winery permit and one (1) of the following: (A) A retail liquor license as provided in W.S. 12-4- 101…” Attorney Eddington stated that even though Wyoming State Statute allows the local licensing authority to approve the dual holding of a microbrewery permit and a retail liquor license, City ordinance prohibits it. He commented that the LLC is requesting that the Mayor and Council repeal and/or amend the specific portion of the ordinance that prohibits the dual holding. Councilwoman Hill stated that she is aware of a business located within County limits that has the ability to hold dual licenses due to the fact that County regulations are different than City regulations. She indicated that she is in favor of the Mayor and Council proceeding with the amending of the current ordinance to allow the dual holding of licenses as requested by the LLC. Attorney Eddington commented that the cleanest way of accommodating the request in ordinance format would be to amend Section 5.12.070. of the Torrington Municipal Code to adopt specifically by reference Wyoming Statute 12-4-412(b)(iii) in its entirety. The adoption of the statute by reference and additional minor amendments would retain the current restriction while excluding the dual license holding specifically authorized for microbrewery permits by the specific statute. Chief of Police Hurd stated his concerns in regards to the multiple requests that the LLC is continually presenting to the Mayor and Council. Clayton Kilgore, owner of The Open Barrel Brewing Company, addressed the Mayor and Council. He commented that the LLC is still discovering what the original business plan was lacking based on continued customer feedback and indicated that the LLC would like the ability to serve a variety of alcohol assortments in addition to brewed and purchased beer to its customers if requested, and the ability to cater events with beverages other than malt beverages (beer and wine coolers), all of which a retail liquor license would allow. Councilman Adams inquired if the LLC had intentions of presenting a future request to the Mayor and Council for individuals under 21 years of age to be permitted in its establishment. Mr. Kilgore replied that he would definitely entertain the idea and possibly request it in the future as he would like to maximize his business as much as possible. Attorney Eddington stated that both State Statute and City ordinance currently prohibit that as it is an extremely delicate and important topic that is enforced for obvious reasons. The only exception within City ordinance is Section 5.12.025. which states, “An individual under 21 years of age is permitted in a dining or waiting room that is part of a licensed dispensing room only until 10:00 p.m. in all restaurants.” Councilman Law moved and Councilwoman Hill Page | 1 seconded to approve Attorney Eddington drafting an ordinance to amend Section 5.12.070. of the Torrington Municipal Code to allow the dual holding of licenses under a microbrewery permit as requested by The Open Barrel Brewing Company, LLC. Attorney Eddington indicated that he would draft the ordinance and have it ready to be presented for approval on first reading at the 01-02-19 Council meeting. Councilman Adams inquired if the LLC were to be granted a retail liquor license in the future, if it would utilize every capacity of the license including the package sales portion of it. Mr. Kilgore confirmed no, if granted the license, the LLC will not utilize the package sales option that a retail liquor license would allow. The intentions of the LLC attaining a retail liquor license is strictly to have the ability to cater events and the ability to serve a variety of alcohol assortments, in specific wine, if requested by its customers, not to incorporate a full service bar into its establishment. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 18.68.020 OF THE TORRINGTON MUNICIPAL CODE, 2018 REVISIONS, RELATING TO THE CITY OF TORRINGTON, WYOMING, AMENDING THE ZONING DISTRICT MAP BY ESTABLISHING “C-1A” ZONING FOR A TRACT OF LAND. Councilwoman Hill moved and Councilman Kelly seconded to approve Ordinance No. 1206 as presented on third reading. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTIONS 13.16.007. AND 13.16.050. C. OF THE TORRINGTON MUNICIPAL CODE, 2019 REVISIONS, RELATING TO DEFINITIONS AND PROHIBITED SEWER CONNECTIONS. Councilman Adams moved and Councilman Law seconded to approve the ordinance on second reading as presented. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE CREATING AND ENACTING SECTIONS 13.16.140., 13.16.150. AND 13.16.160. OF THE TORRINGTON MUNICIPAL CODE, 2019 REVISIONS, RELATING TO BEST MANAGEMENT PRACTICES (BMPs), COST RECOVERY, AND ENFORCEMENT, VIOLATIONS AND PENALTIES. Councilman Adams moved and Councilwoman Hill seconded to approve the ordinance on second reading as presented. Motion carried unanimously. Engineer Harkins stated that Brian Evans and Stephanie Blanco requested a zone change from C- S to R-3 for the property located at 2825 West C Street. He commented that the reason for the zone change request is for Mr. Evans and Ms. Blanco to be able to remodel the current structure located on the property into a single family residence. Engineer Harkins indicated that the Planning Commission approved the request at their 12-11-18 meeting, staff recommends approval and that he has received no public comment. 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. Councilman Law moved and Councilman Adams seconded to approve the zone change at 2825 West C Street from C-S to R-3 as presented. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 18.04.060 OF THE TORRINGTON MUNICIPAL CODE, 2019 REVISIONS, RELATING TO THE CITY OF TORRINGTON, WYOMING, AMENDING THE ZONING DISTRICT MAP BY ESTABLISHING “R-3” 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. Clerk/Treasurer Strecker presented for approval the Performance Evaluation & Merit Increase Request. She briefly summarized the request as it had previously been discussed in depth at a Work Session held by the City Council on December 12, 2018. Clerk/Treasurer Strecker stated that the FY2019 increase will be approximately $69,045.00 including benefits. Councilwoman Hill moved and Councilman Law seconded to approve the Performance Evaluation & Merit Increase Request as presented. Motion carried unanimously. Clerk/Treasurer Strecker presented for approval an amendment to the policy handbook in regard to the Compensation & Performance Evaluation Policy. She briefly summarized the policy as it had previously been discussed in depth at a Work Session held by the City Council on December 12, 2018. Councilman Adams suggested that the portion of the policy that states, “…this is necessary for the supervisor to adequately evaluate the employee’s ability to perform the assigned duties,” be eliminated as the process is transparent and an explanation is not necessary. Clerk/Treasurer Strecker commented that she would modify the policy to reflect that change. Councilman Adams moved and Councilwoman Hill seconded to approve the amendment to the policy handbook in regard to the Compensation & Performance Evaluation Policy as modified. Motion carried unanimously. Clerk/Treasurer Strecker presented for approval an amendment to the policy handbook in regard to the Holidays Policy. She briefly summarized the policy as it had previously been discussed in depth at a Work Session held by the City Council on December 12, 2018. Clerk/Treasurer Strecker stated that a Fair Day was added to the holiday list with the stipulation that it will be terminated if the holiday is no longer recognized by the community. Other modifications to the policy include changing the Christmas Eve Day holiday from a half day to a full day and the insertion of language throughout the policy that accommodates the new 12 hour shifts that have been implemented by the Torrington Police Department. Councilman Law moved and Councilman Adams seconded to approve the amendment to the policy handbook in regard to the Holidays Policy as presented. Motion carried unanimously. Clerk/Treasurer Strecker presented for approval an amendment to the policy handbook in regard to the Vacation Leave Policy. She briefly summarized the policy as it had previously been Page | 2 discussed in depth at a Work Session held by the City Council on December 12, 2018. Clerk/Treasurer Strecker indicated that language was inserted throughout the policy that accommodates the new 12 hour shifts that have been implemented by the Torrington Police Department and that vacation leave will now be earned on an accrual basis instead of being given in one lump sum in January. Councilwoman Hill moved and Councilman Law seconded to approve the amendment to the policy handbook in regard to the Vacation Leave Policy as presented. Motion carried unanimously. Clerk/Treasurer Strecker presented for approval an amendment to the policy handbook in regard to the Sick Leave Policy. She briefly summarized the policy as it had previously been discussed in depth at a Work Session held by the City Council on December 12, 2018. Clerk/Treasurer Strecker stated that the only change to the policy was the insertion of language to accommodate the new 12 hour shifts that have been implemented by the Torrington Police Department. Councilman Adams suggested that the portion of the policy that states, “…false use of sick leave may be cause for disciplinary action…” be modified to be more specific. Attorney Eddington recommended that it be modified to state, “…false use of sick leave may be cause for disciplinary action up to and including termination…” Clerk/Treasurer Strecker commented that she would modify the policy to reflect that change. Councilman Adams moved and Councilwoman Hill seconded to approve the amendment to the policy handbook in regard to the Sick Leave Policy as modified. Motion carried unanimously. Chief of Police Hurd thanked the members of the Wage Committee for all of the effort and hard work that went into amending policies to accommodate the new 12 hour shifts that have been implemented by his department. The bills from 12-05-18 to 12-18-18 were presented for payment. Councilman Adams moved and Councilman Law seconded to approve the bills for payment as presented. Motion carried unanimously. Councilman Kelly stated that the 8 years that he served as a City Council Member were extremely pleasurable and enjoyable. He thanked the Mayor and his fellow Council Members for the experience and thanked the public for being given the opportunity to serve. Councilman Adams thanked Mayor Varney for his mentorship. Councilman Kelly moved and Councilman Law seconded that there being no further business to come before the Council to adjourn at 8:09 p.m. Motion carried unanimously. The following bills were approved for payment: 64510 CIRCUIT COURT OF GOSHEN CO payroll withholding 317.53;64511 CITY OF TORRINGTON payroll withholding 91.34;64512 CITY OF TORRINGTON c/o FIRST STATE BANK optional sales tax 91833.82;64513 DENT, DAVID A. Golf Pro Payable 248.54;64514 FAMILY SUPPORT REGISTRY payroll withholding 235.97;64515 GOSHEN CO ECONOMIC ¼ cent sales tax 22958.52;64516 GREAT-WEST TRUST CO LLC payroll withholding 1516.00;64517 MERIDIAN TRUST FEDERAL CREDIT UNION payroll withholding 2023.00;64518 MUNICIPAL ENERGY AGENCY OF NE wholesale power,monthly rita installment 551417.69;64519 NEW YORK LIFE payroll withholding 359.37; 64520 TOUCHTONE COMMUNICATIONS INC. long distance 70.05;64521 CENTURYLINK data lines,TVFD phone/data line 335.19;64522 WY CHILD SUPPORT ENFORCEMENT payroll withholding 202.45;64523 WY CHILD SUPPORT ENFORCEMENT payroll withholding 262.61;64524 WYRULEC CO Landfill Electric 385.43;64525 KORELL, VICKI JO sheet cakes 100.00;64526 STRECKER, LYNETTE Christmas tree decorations reimb 53.96;64527 STRUBLE, SHAUN final bill-deposit return 42.91;64528 WATSON, RANDAL S. final bill-credit/deposit return 270.70;64529 HURD, TIMOTHY travel reimb-mileage/taxi fees 250.89;64530 RAEL, NEISA final bill-credit return 15.51;64531 HUNT, STANA final bill-deposit return 77.34;64532 SWEET LOU'S BAKERY & CAFE staff meeting refreshments 65.00;64533 21ST CENTURY EQUIPMENT LLC oil 187.68;64534 ACCENT WIRE-TIE repair parts-wire tie machine 3545.16;64535 ACTION COMMUNICATIONS INC. radio antenna/wires/repairs 368.52;64536 BABCOCK & WILCOX UNIVERSAL INC. air filters 762.00;64537 BARCO MUNICIPAL PRODUCTS INC. coats 100.00;64538 BARNES LAW LLC Court Appointed Attorney 400.00;64539 BLACK HILLS ENERGY utilities-gas 4857.37;64540 BROWN CO chainsaw chain/blades,stop button,mower parts,spark plugs,air/fuel filters 854.91;64541 CAMP CREEK ENGINEERING INC. Sewer Outfall Rehab Project-retainage 343.54;64542 CANON FINANCIAL SERVICES INC. copier contracts 839.00;64543 CASELLE INC. contract support&maint 1990.00; 64544 CEARNS, MICHAEL paint-museum broom walls/ceiling/trim,clean/epoxy/floors 700.00;64545 CENTURY LUMBER CENTER countertop,mortar,tape,tile spacers,underlayment,connectors,nipples,ball valves,bushings,extension cord,door sweeps,gauge wire,pines,screws,dust pan,shims,AC covers,sledge hammer handle,repl handle,sanding sheets/disk,wood stain,surge protector,power strips,caps,trash cans/lids,shower spray,paint/roller cover,angle broom,poly tube kit,faucet hole,pipe,mouldings,nails, tray liner,adapters,cement solvent,pvc T,door stops,swiffer dusting kit/refill,surface cleaner,fuse, thermometers,coupling,fasteners,toekicks,bit,anchor,bag insulation,utility knives,pressure gauge,plugs, solid screens,tee,snap lock springs,poly rope,tile grout,toilets/seats,drop cloths,miniwax,plastic head keys 2041.31;64546 CITY OF TORRINGTON usps,tip,filing fees,title fee 56.70;64547 COLLINS CONTROL & ELECTRIC INC. service call/new alarm panel,new annunciator panel,travel 1178.75;64548 CONNECTING POINT copier service contracts/monthly charges 343.97;64549 CULLIGAN WATER OF TORRINGTON water delivered,dispenser rental,salt 241.10;64550 CUMMINS INC. planned maint 5780.21;64551 DANA KEPNER CO INC. curb stops 134.00;64552 COTTONWOOD CATERING food sales,staff Christmas party Page | 3 meals 4857.58;64553 DENNIS SUPPLY CO air filters 150.12;64554 DIVERSIFIED SERVICES INC. recycle crew,cleaning visits 4076.00;64555 NORTHERN EXPOSURE COMPUTER CENTER black toner,HDMI cable 210.99;64556 ENERGY LABORATORIES INC. lab testing 773.00;64557 FIRED UP RESCUE LLC citrosqueeze, spray bottles 428.50;64558 FIRST AMERICAN TITLE INSURANCE CO jirdon tract 250.00;64559 FRONTIER PRECISION INC. terrasync prof software update/gps pathfinder software update 1296.00;64560 PRO QUALITY PEST CONTROL pest/rodent control 130.00;64561 GLOBAL EQUIPMENT CO parts-new dock 390.75;64562 GOSHEN CO ECONOMIC monthly contribution 2500.00;64563 GOSHEN CO PUBLIC HEALTH flu shots 120.00;64564 GOSHEN CO WY SENIOR FRIENDSHIP CNTR annual matching funds contribution 9000.00;64565 SKILLPATH/NST SEMINARS training seminar 149.00;64566 GREATAMERICA FINANCIAL SERVICES CORP copier leases 448.00;64567 HUB INTERNATIONAL MOUNTAIN STATES LIMITED endorsements-adding 2019 Ford Pickup/2018 Dodge Bucket Truck 543.00;64568 IDEAL LINEN SUPPLY mats,scrapers,sam dust/energy fees,garments,sam garment fees,sam linen,mops,towels,toilet tissue,rags,video display terminal cleaner,5 gal pump/stroke 1025.38;64569 INDUSTRIAL DISTRIBUTORS bolts,brakleen,screws,disposable gloves 349.56;64570 INSTRUMENT & SUPPLY WEST INC. claval flow controls-speed control 466.96;64571 INTERNATIONAL ASSOC OF membership dues 150.00;64572 J HARLEN CO INC. backordered hastings tool tray 205.68;64573 JAMES A EDDINGTON PC City Attorney/ extended hours 7086.00;64574 THE JAVA JAR Care Center Board Meeting lunches 59.60;64575 K & K COMMUNICATIONS paging service-elec meters 12.00;64576 MEL'S COUNTRY CARDS & PARTY framing, matting,glazing/engraving,supplies 870.00;64577 FRANK PARTS CO oil/fuel filters,grease gun,cart plex, hitch pin,wiper blades,trailer jack 228.78;64578 KNUDSEN LAW OFFICES Municipal Court Judge 2000.00; 64579 KOIS BROTHERS EQUIPMENT CO dump box/delivered 7300.00;64580 LUJAN CLEANING SERVICE LLC cleaning,window cleaning 237.00;64581 THE METAL SHOP aluminum sheet,flat iron,medical oxygen 149.80;64582 MIDWEST PLUMBING INC. museum-plumbing 6840.33;64583 MITCHELL VALLEY ANIMAL HOSPITAL LLC spay female K-9 dog 462.21;64584 NEWMAN SIGNS INC. traffic signs 103.62;64585 NMC EXCHANGE LLC air compressor rental,hose 2053.27;64586 NORTHWEST PIPE FITTINGS INC. sewer pipe, couplings 155.70;64587 OLSON TIRE CO tire repairs,rad patches,tires,dismount/mount,stem,tube 1567.83;64588 ONE CALL OF WY tickets for CDC code TRG 48.00;64589 HEARTLAND EXPRESSWAY annual dues/membership 2019 2433.24;64590 PANHANDLE COOP cleaning supplies,propane tanks/ bottle 360.94;64591 ENVIRO SERVICES INC. lab analysis 180.00;64592 PRINT EXPRESS INC. laminate bond sheets 81.00;64593 SPECTRUM ENGINEERING RESOURCES Cold Springs substation construction management/inspection 6872.25;64594 RIVER VIEW SAND & GRAVEL LLC sand-roads 2082.01;64595 SANDBERG IMPLEMENT INC. cutting edge 102.61;64596 SCHLAGEL MANUFACTURING INC. dumpster rods/hooks 1009.33;64597 SIRCHIE ACQUISITION CO LLC nark tests 129.50;64598 SIX ROBBLEES' INC. cutting edge 767.65;64599 SHOPKO STORES OPERATING CO LLC stud sensor,tension straps,shower curt/ hooks,1st aid supplies,leather ammo belts-museum,storage tubs 158.54;64600 STUART C IRBY CO gloves/glove testing 332.27;64601 SUEZ WTS USA INC. monthly chemical management 7748.79;64602 TBS ELECTRONICS INC. FCC lic repeater FB2 400.00;64603 T D S COLLECTIONS SERVICE INC. porta pots- museum 179.00;64604 TELEDYNE INSTRUMENTS INC. re-roll spool assys 299.96;64605 TIMBERLINE ELECTRIC & CONTROL CORP fan/louver kits,surge protector 3520.00;64606 TITAN MACHINERY INC. linear actuator,side broom link/link pin,actuator-linear,re-stocking fee,freight back to vendor 705.27; 64607 TORRINGTON OFFICE SUPPLY fasteners,planners,pens,binders,toners,notary stamp,hanging file folders,desk calendars,desk refill,ink cartridges,waste basket,mouse pad,poster boards,ribbon,paste, appointment calendars,stapler,desk/file tab sorters,copy paper/legal paper 2353.62;64608 U S POSTMASTER credit for postage 850.00;64609 VERIZON WIRELESS TVFD cell phones 96.26;64610 VOT INC. mini lights,Christmas supplies 73.38;64611 GRAINGER handle,snow pusher,gloves 150.34;64612 WASHINGTON NATIONAL INSURANCE CO payroll withholding 32.70;64613 WESTERN COOPERATIVE CO dyed diesel,unleaded fuel 16436.70;64614 WESTERN PATHOLOGY CONSULTANTS drug screen,urine collection 124.20;64615 WESTERN UNITED ELECTRIC SUPPLY differential relays,credit 728.51;64616 WYO-BRASKA IRRIGATION & SUPPLY LLC fuses 17.35;64617 WY DEPT OF TRANSPORTATION Torr/US 85 Realign/Enhc,Project ARS3933,Industrial Park Ave/Phase II,Crack Seal Project,Airport fuel license renewal 6101.75;64618 TORRINGTON TELEGRAM ads,legals 2872.38;64619 WY WATER QUALITY & POLLUTION CNTRL WWQ Conference Registration 340.00;64620 TORRINGTON GIRLS' BASKETBALL Blazing Trail Club-Sponsor 50.00 Page | 4