City Council

City of Torrington ) County of Goshen ) State of Wyoming ) The Torrington City Council met in regular session on Tuesday, May 21, 2019 in the City Council Chambers at 436 East 22nd Ave. at 7:00 p.m. Present: Mayor Adams, Council Members Hill, Kinney, Law and Mattis. 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 Adams called the meeting to order. Councilwoman Hill led the Pledge of Allegiance. Mayor Adams stated as an informational note that Torrington High School students will be performing community service work for the City of Torrington on Tuesday, May 28, 2019 for several departments at various locations throughout the City. Councilman Law moved and Councilman Kinney seconded to approve the consent agenda which includes the minutes from the 05-07-19 Council meeting as published and all actions therein be ratified. Motion carried unanimously. Councilwoman Hill moved and Councilman Mattis seconded to approve the agenda as presented. Motion carried unanimously. Mayor Adams stated that Vyve Broadband, LLC requested a five-year extension of the Cable TV Franchise, commencing June 1, 2019 and terminating May 31, 2024. The temporary extension of the franchise approved by the City Council on June 19, 2018 will expire on May 31, 2019. He commented that he is recommending an extension of one year to expire on May 31, 2020. Dave Harwood, Vyve Broadband Vice President of Operations, addressed the Mayor and Council. He updated the Mayor and Council on changes that Vyve will be undertaking in Torrington. Mr. Harwood indicated that Vyve has initiated an investment on an upgraded 10 GB circuit coming into the City. They are currently offering internet speeds up to 200 MB per second. He stated that the next phase, which is anticipated to be completed before July 4, 2019, involves the creation of a diverse route or redundant ring around Wyoming. The ring will travel from Torrington to Douglas to Wheatland and back to Torrington. The advantage to the ring creation is that if there is a cut or disruption in the fiber anywhere along that travel path it will automatically revert to the other direction, therefore greatly improving Vyve’s reliability. Mr. Harwood commented that Vyve will also be taking their video service and upgrading it to full high definition digital. He stated that once the digital platform is converted and all other infrastructure investments completed, Vyve will have the ability to offer internet speeds from 500 MB up to close to 1 GB. Mr. Harwood expects that all investments will be fully completed and in place towards the end of the year. He commented that he hopes that at some point in time, the Mayor and Council will consider a five-year or ten-year renewal of the franchise. Mayor Adams stated that City department heads still have infrastructure concerns that need to be addressed. Building Official Estes indicated that Vyve has been extremely responsive in the last year and a half. He commented that several issues were addressed and resolved, but that there are still pending issues. Low hanging lines and cable strung across private property fences are two of the major concerns that need immediate attention. Mayor Adams stated that he has recently heard more positive comments in reference to the service. Councilman Law applauded the positive changes that Vyve has made to their service and encouraged them to continue with the improvements. Councilman Law moved and Councilman Mattis seconded to extend Vyve’s Cable TV Franchise to May 31, 2020 as presented. Motion carried unanimously. Mayor Adams noted the time had arrived for the Council to adjourn from regular session and convene as a Board of Adjustment. Building Official Estes stated that Leo Galvan requested a south yard setback variance from the required 15’ to 5’ to allow him to build a new home on the property located at 2301 West D Street. He commented that in November of 2015 Mr. Galvan originally requested, and was granted, a 10’ south yard setback variance from the required 25’ in addition to a zone change from C-S to R-3 on the single lot. Mr. Galvan is now ready to move forward with the construction of the new home and has discovered that he needs an additional 5’ to the south to build the home as designed. Building Official Estes indicated that if the request is approved, the new home structure will sit 17’ from the back of the curb. Councilman Kinney inquired if the reduction to 5’ seemed practical. Building Official Estes responded that because of the area and the narrowness of the lot, he does not believe that there will be any traffic issues, therefore yes, the reduction to 5’ is reasonable. He stated the Planning Commission approved the variance request at their 05-14-19 meeting, staff recommends approval and that he has received no public comment. Mayor Adams opened the public hearing for consideration of the variance request. He asked for public comments for or against the approval of the variance request, none were heard. The public hearing was closed. Councilman Mattis moved and Councilwoman Hill seconded to approve the south yard setback variance request for the property located at 2301 West D Street as presented. Motion carried unanimously. Page | 1  Building Official Estes stated that Eastern Wyoming College (EWC) requested a parking variance to reduce the required number of hard surface parking spaces from 102 to 46 for the property located at 3401 West C Street. The proposed use of the property is to house the Agricultural Educational Facility. He indicated the Planning Commission approved the variance request at their 05-14-19 meeting, staff recommends approval and that he has received no public comment. Mayor Adams inquired what EWC is intending to do with the area that will not be hard surfaced. Keith Jarvis with EWC addressed the Mayor and Council. He responded that the area will be covered with 4 inches of compacted gravel. Mayor Adams questioned if EWC had any plans in the future to hard surface the remaining 56 parking spaces. Mr. Jarvis replied that as the demand for more hard surfaces increases, EWC will hard surface accordingly. He does not believe this will be an immediate need as the building is anticipated to never reach 100% capacity at one time due to the scheduling of classes. Mayor Adams opened the public hearing for consideration of the variance request. He asked for public comments for or against the approval of the variance request, none were heard. The public hearing was closed. Councilwoman Hill moved and Councilman Kinney seconded to approve the parking variance request to reduce the required number of hard surface parking spaces from 102 to 46 for the property located at 3401 West C Street as presented. Motion carried unanimously. Attorney Eddington read a proclamation declaring May 19-25, 2019 as Emergency Medical Services (EMS) Week. It encouraged all members of the community to observe the designated week and to support EMS providers, and stated that EMS has grown to fill a gap by providing important, out of hospital care, including preventative medicine, follow-up care and access to telemedicine. Councilman Law moved and Councilman Kinney seconded to approve the proclamation as presented. Motion carried unanimously. Project Manager Weis presented for approval the Saturday Night Main Street Cruise proposal. He stated that he, Gary Hunter and Troy Ayers are seeking Council approval to organize a Saturday Night Main Street Cruise affair that will be open to the public to be held one Saturday a month for four consecutive months from 6:00 p.m. to 10:00 p.m. The proposed dates are 6-22-19, 7-20-19, 8-17-19 and 9-21-19. Project Manager Weis indicated that the organizers are proposing that all interested parties meet in the parking lot of the public restrooms located at 119 East 21st Avenue to meet and greet and initiate the cruise proceedings. He commented that Fresh Foods and 307 Sports Bar & Grill have been contacted to utilize their parking lots as the alternating turn around points for the cruise route and stated that they anticipate that the event(s) will generate an influx in the City that will benefit all businesses in a positive manner. Councilman Kinney moved and Councilman Mattis seconded to approve the Saturday Night Main Street Cruise proposal as presented. Motion carried unanimously. Mayor Adams presented for approval the following appointments to the Museum Board: Sarah Chaires, Deidre Newman, Ellen Creager, John Kessler, Tom John McCreery, Janet Bass, Janelle Werner, Ted Kinney and Randy L. Adams as Ex-Officio, Indefinite. Councilwoman Hill moved and Councilman Law seconded to approve the Museum Board appointments as presented. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING CHAPTER 5.40. OF THE TORRINGTON MUNICIPAL CODE, 2019 REVISIONS, RELATING TO THE GAS FRANCHISE. Mayor Adams stated that the ordinance will better protect the City in instances where work is being performed on City owned infrastructure in conjunction with gas lines. Councilman Kinney inquired if any changes had been made to the ordinance since approval on second reading. Attorney Eddington confirmed no. Councilman Kinney moved and Councilman Mattis seconded to approve Ordinance No. 1214 as presented on third reading. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 3.04.050. OF THE TORRINGTON MUNICIPAL CODE, 2019 REVISIONS, RELATING TO SANITATION FEES. Mayor Adams stated that the proposed rate increases are crucial in order to improve revenues for the Sanitation Fund. He indicated that a rate expert recommended an increase of 70%, but that after much discussion and careful consideration, the Mayor and Council agreed to move forward with only a 30% increase to be fair to the constituents of the City of Torrington. Mayor Adams commented that the proposed 30% rate adjustment will be the first step towards thorough work on the Sanitation Fund to get revenues to an adequate level to be able to maintain the pressing pending issues in reference to recycling and the landfill that have recently emerged, and all future needs accordingly. Councilwoman Hill moved and Councilman Kinney seconded to approve Ordinance No. 1215 as presented on third reading. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE ANNEXING WITHIN THE CORPORATE LIMITS OF THE CITY OF TORRINGTON, WYOMING, REAL PROPERTY TO BE KNOWN AS THE NORTH AIRPORT ADDITION. Engineer Harkins commented that the North Airport Addition is an 80 acre parcel that is located north of the currently existing Torrington Municipal Airport. He stated that the parcel is City owned property that is being requested to be annexed to be incorporated within the corporate limits of the City of Torrington. Councilman Law moved and Councilman Kinney seconded to approve Ordinance No. 1216 as presented on third reading. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE CREATING AND ENACTING SECTIONS 6.04.221., 6.04.222., 6.04.223. AND 6.04.224. OF THE TORRINGTON MUNICIPAL CODE, 2019 REVISIONS, RELATING Page | 2 TO URBAN CHICKENS WITHIN CITY LIMITS. Councilwoman Hill moved and Councilman Mattis seconded to table the third reading of the ordinance. She stated that it would be beneficial to the Mayor and Council to receive further information regarding the topic and indicated that she is particularly interested in gaining insight from citizens from other Cities and Towns that have experience with ordinances in place that regulate urban chickens. Councilman Mattis commented that he believes it would be in the best interest of the City for the Mayor and Council to do its due diligence and research the topic further as a follow up to the various concerns that were articulated at the 05-07-19 Council meeting prior to taking any action on the matter. Councilman Law expressed his concerns in regards to tabling the third reading of the ordinance. Voting aye Hill, Kinney and Mattis, nay Adams and Law, motion carried. Paul Puebla who resides at 638 East 24th Avenue addressed the Mayor and Council. He provided the Mayor and Council with a copy of the City of Laramie’s ordinance relating to rabbits and fowl and read a few sections aloud. Harold Anderson who resides at 2533 East C Street addressed the Mayor and Council. He asked the Mayor and Council to consider the firearm safety information sessions that will need to take place if urban chickens are going to be permitted within City limits due to an incident in Chugwater, Wyoming that he referenced. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 6.04.230. OF THE TORRINGTON MUNICIPAL CODE, 2019 REVISIONS, RELATING TO FOWL HOUSED WITHIN – PROHIBITED. Councilman Kinney moved and Councilwoman Hill seconded to table the second reading of the ordinance. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE PROVIDING FOR THE APPROPRIATION OF MONEY BY THE CITY OF TORRINGTON, WYOMING, TO MEET ITS GENERAL FUND REQUIREMENTS AND OBLIGATIONS, TO MEET ITS ENTERPRISE FUND REQUIREMENTS AND OBLIGATIONS, FOR THE 2020 FISCAL YEAR COMMENCING JULY 1, 2019 AND FIXING THE SUM TO BE RAISED BY TAXATION. Clerk/Treasurer Strecker stated that there are still several items that will need to be considered at the budget work session that will be held on May 22, 2019 at 4:00 p.m. in the Lincoln Community Complex Conestoga Room. Items to be discussed at the budget work session include: Wages and Insurance (Health and Property/Casualty). She commented that she is anticipating that everything budget related will be completed by the second reading of the ordinance with hardly any changes to be made after that with the exception of emergency items that may transpire. The third reading of the ordinance is scheduled for June 18, 2019 and a public hearing regarding the FY20 budget will also be held at that time. Councilwoman Hill stated that the budget is a process and a moving, working document until its final approval on third reading and indicated that she understands that there are still changes to be made. Councilwoman Hill moved and Councilman Law seconded to approve the FY20 budget on first reading as presented. Motion carried unanimously. The bills from 05-08-19 to 05-21-19 were presented for payment. Councilwoman Hill moved and Councilman Mattis seconded to approve the bills for payment as presented. Motion carried unanimously. Councilman Kinney moved and Councilman Mattis seconded to adjourn to executive session to discuss personnel. Motion carried unanimously. Councilwoman Hill moved and Councilman Kinney seconded to return the Council to regular session. Motion carried unanimously. Councilwoman Hill moved and Councilman Kinney seconded to increase the starting wage for Seasonal Employees to a minimum of $9.00 per hour to be effective with the 05/27/2019 – 06/02/2019 Pay Period as presented. Motion carried unanimously. Councilman Mattis moved and Councilman Law seconded that there being no further business to come before the Council to adjourn at 8:42 p.m. Motion carried unanimously. The following bills were approved for payment: 65689 CITY OF TORRINGTON WCG/COT Single Resident Golf License 450.00;65690 CITY OF TORRINGTON opening cash till for pool 200.00;65691 AFLAC payroll withholding 249.60;65692 CIRCUIT COURT OF GOSHEN CO payroll withholding 365.76;65693 CIRCUIT COURT OF GOSHEN CO payroll withholding 352.23;65694 CITY OF TORRINGTON payroll withholding 204.59;65695 DENT, DAVID A. Golf Pro Payable 1352.83;65696 FAMILY SUPPORT REGISTRY payroll withholding 235.97;65697 GREAT-WEST TRUST CO LLC payroll withholding 1591.00;65698 MCI A VERIZON CO long distance/911 call backs 15.37;65699 MERITAIN HEALTH INC. premium-ins/life admin 33456.74;65700 MERIDIAN TRUST FEDERAL CREDIT UNION payroll withholding 2123.00;65701 NEW YORK LIFE payroll withholding 369.37;65702 CITY OF TORRINGTON c/o PINNACLE BANK health reserve non-insured employer premium 10118.94;65703 REGIONAL CARE INC. select flex admin 104.50;65704 TORRINGTON EMPLOYEES INSURANCE premium,select flex contributions 91754.26;65705 TOUCHTONE COMMUNICATIONS INC. long distance 79.65;65706 WY CHILD SUPPORT ENFORCEMENT payroll withholding 202.45;65707 WY CHILD SUPPORT ENFORCEMENT payroll withholding 262.61;65708 WYRULEC CO Landfill Electric 283.78;65709 CULBERSON, PHOENICIA A. final bill-deposit return 91.30; 65710 HENDERSON, AMERAY H. final bill-deposit return 181.44;65711 KELLNER, SPENCER T. final bill- credit/deposit return 134.38;65712 LOLLEY, JACOB final bill-deposit return 48.36;65713 MCCALLEN, RYAN MICHAEL final bill-deposit return 45.29;65714 PENOR, CHRISTA M. final bill-credit/deposit return 140.95;65715 PIEPER, JOSEPH final bill-deposit return 61.44;65716 SHAW, DYLAN A. final bill-deposit Page | 3 return 135.04;65717 J & G DIRT WORKS LLC hydrant meter-deposit refund,bulk water usage,repair damages 1166.00;65718 NELSEN, BEVERLY refund-2017 cemetery open/close 75.00;65719 LAY, BRODY final bill-credit/deposit return 154.88;65720 MAVIS, GREGORY final bill-deposit return 107.39;65721 SMITH, TANNER J. final bill-deposit return 5.32;65722 ARROW ELECTRIC OF TORRINGTON generator problem solve,prelube pump-check/revamp connections 450.00;65723 ADVERTAINMENT PRODUCTIONS LLC digital theatre ads 456.00;65724 ALLWATER SUPPLY LLC sensor membrane cap, electrolyte 283.73;65725 ALTEC INDUSTRIES INC. outrigger pad 507.63;65726 TURF MASTER sod,pallet deposit 331.60;65727 ARIZONA MACHINERY bearings 154.97;65728 AT&T MOBILITY transmission fees- cardiac monitor 33.46;65729 BARCO MUNICIPAL PRODUCTS INC. retract con bars 152.00;65730 BIG JOHN LLC labor-spade trees 250.00;65731 BLACK HILLS ENERGY utilities-gas 1821.00;65732 BLUFFS SANITARY SUPPLY INC. pool filter sand,pea gravel 2742.45;65733 BOMGAARS SUPPLY INC. boot,gate wheel,potting mix,spray paint,tape measures,pump up sprayer,cables,anchors,timmer line,battery charger,blade,cutting wheels,hose,hand winch,spring,cable block,oil,face shields,pipe bushing,nipple, cap,plug,twine,kit,hose cart,step ladder,roof coat,wall/molding scrap,gas cans,hose coupling,colored mulch,weed killer,trees 1130.56;65734 BROWN CO 2019 Hustler Mower 9610.00;65735 CANON FINANCIAL SERVICES INC. copier contracts 839.00;65736 CITYSERVICEVALCON LLC terminal maint fee 32.00;65737 CONNECTOR KINGS CORPORATION direct burial connectors,wire,nuts 133.13;65738 CROELL REDI-MIX INC. splash blocks 30.00;65739 DECKER, STEVE kerosene 269.10;65740 DOWL LLC Water Rehab Project 4247.55;65741 DREAM DESIGN DEVELOP LLC website updates 25.00;65742 DURR UNIVERSAL INC. air filters 1797.55;65743 DWYER INSTRUMENTS INC. transmitter,conduit/connector 173.98;65744 EJS SUPPLY LLC plow markers 100.88;65745 EMERGENCY MEDICAL PRODUCTS INC. uniforms 210.60;65746 ENERGY LABORATORIES INC. lab testing 1917.00;65747 FLAGS USA flags 261.00; 65748 FLOYD'S TRUCK CENTER INC. cabin ventilator filter 69.66;65749 FRITZLER, LARRY & DEBORAH pump septic tanks 306.00;65750 PRO QUALITY PEST CONTROL rodent control 130.00;65751 GOSHEN CO ECONOMIC monthly contribution 2500.00;65752 GOSHEN CO TREASURER MS office,wireless phone,ups, tablets w/ cases,printer,unified server/backup-City portion 14292.31;65753 GREATAMERICA FINANCIAL SERVICES CORP copier leases 448.00;65754 HAWKINS INC. sodium hydrox,fuel,calcium hypochlorite, hydrocl acid,bleach 7268.35;65755 HICKEY & EVANS LLP complaint fees,PCA factor filing,IRP 788.72; 65756 INBERG-MILLER ENGINEERS new cell design/permit renewal,retainage 6048.35;65757 INVENTORY TRADING CO fleece hoodies 315.00;65758 J - BUILT HOMES INC. East D Street/Hwy 26 Turn Lane Retainage,Friendship (Goose) Park 41880.02;65759 JAMES A EDDINGTON PC City Attorney extended hours 155.00;65760 JAMES A EDDINGTON PC City Attorney 6666.00;65761 THE JAVA JAR luncheon meeting 92.85;65762 POWERPLAN cutting edges,bolts 734.10;65763 KNIGHTS OF COLUMBUS tootsie roll drive 160.00;65764 FRANK PARTS CO credit,vise-all terrain,air/oil filters,oil seal,brake fluid,gauge, coolant,oil,antifreeze,tape,flex connectors,clamps,flush fees,paint,cleaner,reducer,sand paper,wire nut connectors,primer,straight tubing 1055.78;65765 L N CURTIS & SONS tact hooligan tools 1660.04;65766 LEITHEAD'S APPLIANCE CENTER water line parts-rv wash tower 16.00;65767 LENHART, ROBERT siding-4 panels/side compactor carport 1050.00;65768 DANA J LENT LAW OFFICE Court Appointed Attorney 300.00;65769 MERCHANT JOB TRAINING & SAFETY book 2 tuition 550.00;65770 THE METAL SHOP medical oxygen 92.00;65771 MUNICIPAL ENERGY AGENCY OF NE wholesale power 401381.41;65772 NATHANIEL S HIBBEN P.C. Municipal Court Judge 2000.00;65773 NEWMAN SIGNS INC. signs 40.49; 65774 ONE CALL OF WY tickets for CDC code TRG 324.75;65775 ENVIRO SERVICES INC. lab analysis 150.00;65776 PETERSON, VICKY windshield repair 40.00;65777 PINNACLE BANK usps,travel expenses- lodging/meals/fuel,certification,camera equipment,wristbands,battery charger,license fees,cleaner, weed killer,phone case,binders,sweatshirt,pallet breaker,luncheon meeting 4419.68;65778 PORT-A- POTS BY TDS INC. clean filters-pool/pumper truck 664.50;65779 QUILL CORPORATION flash drives, coffee,binders,tape,creamer,disinfectant wipes 388.51;65780 RAILROAD MANAGEMENT CO III. LLC property taxes,land lease 184.64;65781 REGANIS AUTO CENTER INC. repairs 419.80;65782 SAM'S CLUB/ SYCHRONY BANK cleaner/polish 33.96;65783 EASTERN WY EYE CLINIC safety glasses 542.90;65784 SIRCHIE ACQUISITION CO LLC ez peel red/white evid stripe 84.35;65785 SUEZ WTS USA INC. monthly chemical management 7748.79;65786 SZYMANSKI, DANIEL JAMES air fuel,hangar rent reimb,hangar rent collected in advance deduction 453.68;65787 T D S COLLECTIONS SERVICE INC. City Shop Detention Pond Retainage 6996.90;65788 THOMAS, STEPHEN L. O'Reilly Auto Parts Plan Review 562.50;65789 TNEMEC CO INC. primer/paint 3105.00;65790 TORRINGTON AMBULANCE standby-Lit'l Britch's Rodeo/ WCG 375.00;65791 TORRINGTON SOD FARMS kentucky blue grass 540.00;65792 TRUMBULL RECREATION SUPPLY CO. INC. freeze proof wash tower-rv park 1908.94;65793 U S POSTMASTER credit for postage 850.00;65794 VERIZON WIRELESS phone services 96.23;65795 GRAINGER stencil/letter kits, medical gloves/cowhide,earplugs,tissue 250.87;65796 WAMCO LAB INC. chronic toxicity/full effluent toxicity tests,NPDES study 2480.00;65797 WEGLIN JR., EDWARD H. mow/trim 170.00;65798 WESTERN COOPERATIVE CO insecticide/interlock-alfalfa,herbicide,dyed diesel,unleaded fuel 19019.45;65799 WY RETIREMENT SYSTEMS Torr Vol EMT Pension 60.00;65800 YOUNGER, TOD M. museum ground maint 250.00 Page | 4 Page | 5