City Council

City of Torrington ) County of Goshen ) State of Wyoming ) The Torrington City Council met in regular session on Tuesday, February 16, 2021 in the City Council Chambers at 436 East 22nd Ave. at 7:00 p.m. Present: Mayor Adams, Council Members Kelly, Kinney, Patterson and Steinbock. Also Present: Clerk/Treasurer Strecker, Attorney Eddington, Director of Public Works Harkins, Chief of Police Johnson, Building Official Estes and Deputy City Clerk Anaya. Mayor Adams called the meeting to order. Mayor Adams stated that the public who is not in attendance of the meeting can participate in the public hearings that are to follow by calling (307) 534-4790. Councilman Patterson led the Pledge of Allegiance. Mayor Adams led the session with informational announcements on the following items: 1. Municipal Energy Agency of Nebraska (MEAN)/Southwest Power Pool (SPP) Energy Emergency Alerts (EEA) update; 2. COVID-19 updates; 3. Goshen County mask mandate reminder and COVID-19 recommendations; 4. COVID-19 vaccine update; 5. 02-10-21 Work Session (Level 1 Water Study) update; 6. 02-17-21 Work Session (Storm Water Utility) announcement; 7. Wyoming State Legislature update; 8. City FY22 Budget process update; and 9. Thank you to the City staff and volunteers throughout the community that have been instrumental in assisting Goshen County Public Health in the administration of the COVID-19 vaccines. Councilman Kelly moved and Councilman Kinney seconded to approve the consent agenda which includes the minutes from the 02-02-21 Council meeting as published and all actions therein be ratified. Motion carried unanimously. Mayor Adams requested approval to amend the agenda as follows: 1. Add Old Grey Fox, Inc. DBA Mint Bar and Caroline Garcia DBA La Familia Prado to the Retail Liquor License renewal approval list due to the fact that the two applicants complied with Section 5.12.120 of the Ordinances of the City of Torrington (Proof of Alcohol Server Training Required) after the publication of the agenda. Councilman Patterson moved and Councilwoman Steinbock seconded to approve the agenda as amended. Motion carried unanimously. Mayor Adams opened the public hearing regarding a request for a Retail Liquor License transfer from the Cigarette Store Corp DBA Smoker Friendly-Gasamat to the Cigarette Store, LLC DBA Smoker Friendly-Gasamat for the license term 04-01-21 through 03-31-22. The building is located at 220 East Valley Road. Brian Proffitt, Mary Szarmach and Christine Sharpless addressed the Mayor and Council. Mr. Proffitt stated that the Cigarette Store Corp engaged in a conversion to a Limited Liability Company (LLC). He indicated that since the State of Wyoming considers a corporation and an LLC to be two separate companies, the liquor license for the business has to be transferred from the corporation to the LLC. Mr. Proffitt commented that everything about the corporation will become that of the LLC and stated that the business will continue to operate as before. Mayor Adams asked for public comments for or against the approval of the Retail Liquor License transfer, none were heard. The public hearing was closed. Councilman Patterson moved and Councilman Kinney seconded to approve the Retail Liquor License transfer from the Cigarette Store Corp DBA Smoker Friendly-Gasamat to the Cigarette Store, LLC DBA Smoker Friendly-Gasamat for the building located at 220 East Valley Road as presented. Motion carried unanimously. Councilman Kinney moved and Councilwoman Steinbock seconded to remove the Cigarette Store Corp DBA Smoker Friendly-Gasamat from the Retail Liquor License renewal approval list. Motion carried unanimously. Mayor Adams opened the public hearing regarding the Retail Liquor License renewals for the license term 04-01-21 through 03-31-22. He read the list of Retail Liquor License applicants. The retail applicants were: 307 Sports Bar & Grill, LLC/307 Sports Bar & Grill, Chugwater Brewing Company, Inc./ J & B Liquor, Pamela J. Delgado-Garcia/Garcia’s Mexican Restaurant, Maverik, Inc./Maverik Store #293, SS&G, LLC/Holiday Inn Express, The Open Barrel Brewing Company, LLC/The Open Barrel Brewing Company, Torrington Hotel, LLC/Torrington Cobblestone Hotel, T.J.L., LLC/Broncho Bar, San Pedro JC, LLC/San Pedro Taqueria, Old Grey Fox, Inc./Mint Bar and Caroline Garcia/La Familia Prado. Mayor Adams asked for public comments for or against the renewal of the Retail Liquor Licenses, none were heard. The public hearing was closed. Councilwoman Steinbock moved and Councilman Patterson seconded to approve the renewal of the Retail Liquor Licenses as presented. Motion carried unanimously. Mayor Adams opened the public hearing regarding the Retail Liquor License renewal for KCAS, LLC DBA Thrifty’s Gas & Liquor for the license term 04-01-21 through 03-31-22. Chief of Police Johnson addressed the Mayor and Council. He stated that at this time, he is not able to recommend the renewal of the Retail Liquor License for KCAS, LLC DBA Thrifty’s Gas & Liquor due to pending criminal charges that were filed against the license holder (Kuldip Singh) in the Scotts Bluff County Court in the State of Nebraska. Chief of Police Johnson indicated that the charges allege the transport of liquor purchased in Page | 1 the State of Wyoming under the local license to Nebraska for illegal sale, which is a violation of Wyoming Statute 12-5-201 (a). He commented that since the case is pending conclusion and in the interest of providing due process for Mr. Singh, he is recommending that the Retail Liquor License for KCAS, LLC DBA Thrifty’s Gas & Liquor not be renewed with the contingency that Mr. Singh be allowed to present any rebuttal or information to the Mayor and Council that he wishes on or before 03-16-21. Mayor Adams asked for public comments for or against the renewal of the Retail Liquor License, none were heard. The public hearing was closed. Councilman Patterson moved and Councilman Kinney seconded to deny the renewal of the Retail Liquor License with the contingency that the license holder (Kuldip Singh) be allowed to present any rebuttal or information to the Mayor and Council that he wishes on or before 03-16-21 as presented. Motion carried unanimously. Mayor Adams opened the public hearing regarding the Limited Club Liquor License renewals for the license term 04-01-21 through 03-31-22. He read the list of Limited Club Liquor License applicants. The limited club applicants were: Elks BPO 1726/Elks 1726, Torrington Lodge #664 Loyal Order of Moose/Torrington Moose Lodge 664, Travis Snow Post 5/American Legion Club and City of Torrington/Country Club. Mayor Adams asked for public comments for or against the renewal of the Limited Club Liquor Licenses, none were heard. The public hearing was closed. Councilman Patterson moved and Councilwoman Steinbock seconded to approve the renewal of the Limited Club Liquor Licenses as presented. Motion carried unanimously. Mayor Adams opened the public hearing regarding the Restaurant Liquor License renewal for the license term 04-01-21 through 03-31-22. He indicated that the only applicant in this category is: Tiffany Leslie/Broncho Grillhouse. Mayor Adams asked for public comments for or against the renewal of the Restaurant Liquor License, none were heard. The public hearing was closed. Councilman Kinney moved and Councilwoman Steinbock seconded to approve the renewal of the Restaurant Liquor License as presented. Motion carried unanimously. Mayor Adams opened the public hearing regarding the Microbrewery Permit renewal for the license term 04-01-21 through 03-31-22. He indicated that the only applicant in this category is: The Open Barrel Brewing Company, LLC/The Open Barrel Brewing Company. Mayor Adams asked for public comments for or against the renewal of the Microbrewery Permit, none were heard. The public hearing was closed. Councilwoman Steinbock moved and Councilman Patterson seconded to approve the renewal of the Microbrewery Permit 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 Steven Rowland requested a variance for an increase in the allowable square feet of 560 square feet to 600 square feet for a new garage and a setback variance on the east and north sides from the required 5’ to 3’ for the property located at 458 West 17th Avenue. He indicated that the Planning Commission approved the request at their 02-09-21 meeting, staff recommends approval and he has received no public comment. Mayor Adams opened the public hearing for consideration of the square footage increase and variance requests. He asked for public comments for or against the approval of the requests. Mr. Rowland spoke in favor of the approval of the requests. The public hearing was closed. Councilman Kinney moved and Councilman Kelly seconded to approve the square footage increase and setback variance requests for the property located at 458 West 17th Avenue as presented. Motion carried unanimously. Building Official Estes stated that Emeterio Escamilla requested a variance for an increase in the allowable square feet of 700 square feet to 1,130 square feet for a new garage for the property located at 2434 East A Street. He indicated that the Planning Commission approved the request at their 02-09- 21 meeting, staff recommends approval and he has received no public comment. Mayor Adams opened the public hearing for consideration of the square footage increase variance request. He asked for public comments for or against the approval of the request. Mr. Escamilla spoke in favor of the approval of the request. The public hearing was closed. Councilman Patterson moved and Councilwoman Steinbock seconded to approve the square footage increase variance request for the property located at 2434 East A Street as presented. Motion carried unanimously. Mayor Adams returned the Council to regular session. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 18.16.020 OF THE TORRINGTON MUNICIPAL CODE, 2021 REVISIONS, RELATING TO THE CITY OF TORRINGTON, WYOMING, AMENDING THE ZONING DISTRICT MAP BY ESTABLISHING “R-2” ZONING FOR A TRACT OF LAND. Councilman Kinney moved and Councilman Kelly seconded to approve Ordinance No. 1233 as presented on third reading. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING SECTION 1.08.010 OF THE TORRINGTON MUNICIPAL CODE, 2021 REVISIONS, RELATING TO HOLIDAYS. Councilwoman Steinbock moved and Councilman Patterson seconded to approve Ordinance No. 1234 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 JIRDON-AIRPORT ADDITION. Councilman Kinney moved and Councilman Kelly seconded to approve the ordinance on Page | 2 second reading as presented. Councilman Kinney requested the editorial change of modifying the second reading date on the ordinance from January 16, 2021 to February 16, 2021. 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 MILLER-AIRPORT ADDITION. He stated that the same editorial date change requested previously by Councilman Kinney for the Jirdon-Airport Addition ordinance will be applied to this particular ordinance as well. Councilman Kelly moved and Councilman Patterson seconded to approve the ordinance on second reading as presented. 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 SPEAR-AIRPORT ADDITION. He stated that the same editorial date change requested previously by Councilman Kinney for the Jirdon-Airport Addition ordinance will be applied to this specific ordinance as well. Councilwoman Steinbock moved and Councilman Kinney seconded to approve the ordinance on second reading as presented. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 3.04.040 F. OF THE TORRINGTON MUNICIPAL CODE, 2021 REVISIONS, RELATING TO WATER FEES. Clerk/Treasurer Strecker stated that the only amendment to the ordinance is the reduction of the usage allowance from 8,000 gallons to 4,000 gallons. She indicated that Councilman Kinney questioned why Note 3 of the ordinance includes a sentence that reads, “The first inflation increase will be effective January 1, 2019.” Clerk/Treasurer Strecker commented that that specific note reference was relevant when this original ordinance was first passed in 2018 and indicated that it can now be eliminated altogether. Councilwoman Steinbock moved and Councilman Patterson seconded to approve the ordinance on first reading with the suggested editorial revision for Note 3 as presented. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 3.04.020 A. OF THE TORRINGTON MUNICIPAL CODE, 2021 REVISIONS, RELATING TO SEWER FEES. Clerk/Treasurer Strecker stated that the amendments to the ordinance include an initial increase of 4% that will be effective immediately upon approval of the ordinance on third reading and the permanent reinstatement of the 3% inflationary increase that will occur annually on January 1st. The first inflation increase will be effective 01-01-22. Councilman Patterson moved and Councilwoman Steinbock seconded to approve the ordinance on first reading as presented. Motion carried unanimously. The bills from 02-03-21 to 02-16-21 were presented for payment. Councilman Kinney moved and Councilman Patterson seconded to approve the bills for payment as presented. Motion carried unanimously. Mayor Adams asked for public comments, questions or concerns. Councilman Kinney stated that Goshen County Public Health did a remarkable job of running their COVID-19 vaccine clinics and indicated that he wanted to publicly recognize them for all of their efforts. Councilwoman Steinbock moved and Councilman Kinney seconded that there being no further business to come before the Mayor and Council to adjourn at 8:18 p.m. Motion carried unanimously. The following bills were approved for payment: 70230 TOUCHTONE COMMUNICATIONS long distance 111.39;70231 WY RETIREMENT SYSTEMS retirement 66753.86;70232 WYRULEC CO Landfill Electric 505.21;70233 MARTINEZ, STEVEN deposit refund 191.21;70234 SUSAN MCGUIRE deposit refund 108.96;70235 SCRUTON, ERIC credit refund 12.75;70236 HERRERA, LINDA D. deposit refund 140.00; 70237 KELLETT, STEVEN deposit refund 107.67;70238 MARTINEZ, MARGRET refund for rabies deposit 50.00;70239 PATTERSON, BECKY L. deposit refund 11.04;70240 HIGH PLAINS APT deposit refund 54.03; 70241 21ST CENTURY EQUIPMENT LLC dipstick tube,spray paint 34.46;70242 ARROW ELECTRIC OF TORRINGTON control contractor 270.00;70243 ACCUSCREEN MOBILE DRUG TESTING SERVICES drug test for employment 28.00;70244 ACTION COMMUNICATIONS INC. truck radio/parts,coax cable/connector, microphone for radio 679.62;70245 ALTEC INDUSTRIES INC. impact bits 172.11;70246 BARCO MUNICIPAL PRODUCTS INC. barricades 1125.18;70247 BIG WOOD TREE SERVICE LLC tree removal w/out stump grinding 1200.00;70248 BOB RUWART MOTORS wiring repair 41.52;70249 BROWN CO chain saw repair parts/chains/blades 405.58;70250 CANON FINANCIAL SERVICES INC. copier contracts 599.00; 70251 CANON FINANCIAL SERVICES INC. copier contract 240.00;70252 CASELLE INC. contract support & maint 1990.00;70253 CDW GOVERNMENT LLC computer vehicle mount 143.62;70254 CENTURY LUMBER CENTER unions,screws,galv,tees,nipples,thread seal tape,boil drain valve,ball valves,flood lamp, bolts,fasteners,elbows,pvc40,adapter,pipe,single pole thermostat,bit,strike anchors,wiper fluid,bushing, voltage tester,electrical tape,alum cable,connectors,sgl gang outdoor box,clamp,key,quick links,s hooks, paint,roller tray set,threaded handle,shop vac 417.83;70255 COMMUNITY HOSPITAL ambulance supplies 130.79;70256 CONNECTING POINT copier service contracts/monthly charge 418.42;70257 COOK, NATHAN S. remove/replace sidewalk 480.00;70258 D A R E alcohol compliance check 200.00;70259 DALE'S TIRE & RETREADING dismount/mount truck,recap tires 200.00;70260 DIVERSIFIED SERVICES INC. cleaning services 335.00;70261 DOWL LLC Water Rehab Project 1035.00;70262 ENERGY LABORATORIES Page | 3 INC. lab testing 1056.00;70263 FIVE STAR PRINT & PROMO 1095-c IRS employer forms 53.62;70264 FLOYD'S TRUCK CENTER INC. gauges 201.16;70265 FRITZLER, LARRY & DEBORAH pump septic tanks 306.00;70266 SUNSHINE PHOTOGRAPHY head shot 40.00;70267 GOSHEN CO ECONOMIC 1/4 cent sales tax 21312.06;70268 GOSHEN CO ECONOMIC monthly contribution 2500.00;70269 GREATAMERICA FINANCIAL SERVICES CORP copier leases 434.00;70270 IDEAL LINEN/BLUFFS FACILITY SOLUTION mats, scrapers,sam dust/energy fees,sam garment fees,sam linen,coveralls,towels,mops 697.96;70271 INDUSTRIAL DISTRIBUTORS washers,bolts 40.18;70272 JAMES A. EDDINGTON PC City Attorney 6666.00; 70273 KATH BROADCASTING CO LLC tower rent,City Council meeting 475.00;70274 KAUFMAN GLASS LLC windshield installation 220.00;70275 K & K COMMUNICATIONS paging service-elec meters 12.00; 70276 FRANK PARTS CO air/fuel/oil filters,battery,discs,anti-freeze,razor blade,trim-plasticres,microfiber cloth,retainers,tools,buffer stick,valves,cement,rnd ra,oval pa,thinner,timing belt,spark plugs,course grit buffers,gasket maker,crayon,soapstone,fiberglass cloth,auto resin,brake light,evercraft led light,oil, throttle body cleaner,filter,recip blades,cleaner,tire gauge 1116.55;70277 KOIS BROTHERS EQUIPMENT CO main broom-large sweeper 526.67;70278 LUJAN CLEANING SERVICE LLC cleaning,window cleaning 237.00;70279 MATHESON TRI-GAS INC. toggle switch,hyp electrode/nozzle 133.83;70280 MCKEE, KAREN R. & MARTIN B. color sign,polos,t-shirts 1102.50;70281 M.C. SCHAFF & ASSOCIATES INC. Airport Runway Project 61296.28;70282 MEDICAL AIR SERVICES ASSOCIATION medical air transport insurance 1615.00;70283 METAL SHOP flat iron 48.50;70284 MOTOROLA SOLUTIONS INC. dispatch 911 service contract 4904.32;70285 MUNICIPAL ENERGY AGENCY OF NE wholesale power 436859.82;70286 O'REILLY AUTO ENTERPRISES LLC wiper blades,air filters 162.85;70287 OLSON TIRE CO tire repairs/ patches,used tires,labor,dismount/mount,oring,air/water core,align/adjust to specs 342.00;70288 ONE CALL OF WY tickets for CDC code TRG 93.25;70289 PANHANDLE COOPERATIVE ASSOCIATION propane 953.60;70290 ENVIRO SERVICES INC. lab analysis 150.00;70291 PATRICK, JOHN B. Municipal Court Judge 2000.00;70292 PINNACLE BANK water treatment exam,1099 forms/envelopes,registration,fire weather kit,labels,travel expense-meals,lorman account renewal,door stop,planner,training,packing tape dispenser,fuel,garage door remote openers,vacuum,radio license 3491.63;70293 POSTEN, REECE BENJAMIN air filters 245.40;70294 POTESTIO BROTHERS EQUIPMENT throttle/choke cables,boot,rubber fingers 986.32;70295 PRINT EXPRESS INC. lot location cards,envelopes,laminate,ups 835.87;70296 R & R PRODUCTS INC. screw-bedknife,grinding discs 91.42;70297 REAL TIME LABOR GUIDE annual subscription/support & update 195.00;70298 WY AIRPORT SERVICES LLC Airport Operator Contract 1666.67;70299 RIVER VIEW SAND & GRAVEL LLC salt/sand 1780.38;70300 SAM'S CLUB/SYCHRONY BANK charcoal briquettes,dishwasher detergent,laundry soap,febreze,plastic spoons,coffee,envelopes,ziploc bags,dry erase board,lighter fluid 799.20;70301 SANDBERG IMPLEMENT INC. snow blade-skid steer 121.88;70302 VALLEY MOTOR SUPPLY hyd hoses,air/fuel/oil/cabin air filters,oil absorber,hose clamps, transmission oil,power steering fluid,grease cap,fuel element,cabin air element,bit set,cable tie,oxygen sensor 493.38;70303 EASTERN WY EYE CLINIC safety glasses 1087.00;70304 SIMON CONTRACTORS Airport Runway Project 41550.75;70305 SIMON CONTRACTORS Airport Runway Project 193838.76; 70306 QUILL LLC desk pads,desk riser,kleenex,electronic duster,scissors,legal pads,ideal clips,black/ smoke mirror 98.09;70307 SUEZ WTS USA INC. monthly chemical management 7748.79;70308 U S POSTMASTER credit for postage 850.00;70309 VERIZON WIRELESS TVFD cell phones 96.98;70310 WAMCO LAB INC. full chronic toxicity test,minnow survival/growth,dilution,CO2 2100.00;70311 WESTCO anti-freeze,slafter solvent,unleaded gas,dyed diesel,nozzle/swivel 12649.80;70312 WESTERN PATHOLOGY CONSULTANTS drug screen,urine collection 63.00;70313 WESTERN PLAINS BUSINESS misc 1099 forms/envelopes 9.75;70314 HICKMAN, MATTHEW welding service 40.00;70315 WY BRAND INDUSTRIES vehicle tags 112.50;70316 RESPOND FIRST AID SYSTEMS OF WY 1st aid kit supplies 116.77; 70317 WY MACHINERY hose/element assys,element sect,hydo advance,oil,nuts,washers,bolts,tip ripper, pin,retainers 1230.26;70318 TORRINGTON TELEGRAM ads,legals 1881.00;70319 DEPARTMENT OF WORKFORCE SERVICES workers compensation 10702.18;70320 RADFORD, REO safety glasses reimb 550.00;70321 KENYON, CHUCK utility cases reimb 142.28;70322 AFLAC payroll withholding 385.80; 70323 NCPERS GROUP LIFE INS payroll withholding 160.00;70324 CITY OF TORRINGTON payroll withholding 120.77;70325 DENT, DAVID A. Golf Pro Payable 9.21;70326 FAMILY SUPPORT REGISTRY payroll withholding 235.97;70327 GOSHEN CO DISTRICT COURT CLERK payroll withholding 100.00;70328 GREAT-WEST TRUST CO LLC payroll withholding 2575.00;70329 NEW YORK LIFE payroll withholding 359.37;70330 WASHINGTON NATIONAL INSURANCE CO payroll withholding 32.70 Page | 4