City Council

City of Torrington ) County of Goshen ) State of Wyoming ) The Torrington City Council met in regular session on Tuesday, April 20, 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, Water/Wastewater Supervisor Troxel, Parks Supervisor John and Deputy City Clerk Anaya. Mayor Adams called the meeting to order. Communications Supervisor Geller led the Pledge of Allegiance. The Torrington Police Department Dispatchers were recognized by Mayor Adams and Chief of Police Johnson for their service, for their commitment to the community, for their focus in incredibly stressful situations and for their sacrifice for the City of Torrington. The dedicated individuals honored were: Tammy Cearns, Bailye Geller, Heather Kraus, Hillary McNees, Brenda Miller, Lacey Ochoa and Teri Shinost. Mayor Adams led the session with informational announcements on the following items: 1. Ridge Road water main leak update; 2. COVID-19 updates and recommendations; 3. COVID-19 vaccine clinic update; 4. City FY22 Budget process update; 5. American Recovery Act/Federal Infrastructure Stimulus Package update; 6. Wyoming State Legislature update; 7. Announcement that the City of Torrington was designated the second safest City in Wyoming for 2021 by SafeWise; 8. Reminder that the baler site is open on Saturdays from 7:00 a.m. to 3:00 p.m. to receive grass, limbs and general yard waste; 9. Reminder that the annual spring clean-up is scheduled for 04-24-21 through 05-01-21; 10. Retail Liquor License appeal update; and 11. Swimming pool opening update. Councilman Kelly moved and Councilman Patterson seconded to approve the consent agenda which includes the minutes from the 04-06-21 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 Special Event Permits to the Action Items List. 2. Add Real Estate to the Executive Session List. Councilman Kinney moved and Councilwoman Steinbock seconded to approve the agenda as amended. Motion carried unanimously. Brandi Hiser with Two Horse Hospitality requested approval of special event permits for two Home on the Range Spring Open House events to be held on 04-30-21 and 05-01-21 from 9:00 a.m. to 5:00 p.m. Brandi Hiser spoke in support of the permits and requested that the special event permit fees be waived or reduced due to the fact that only two parking stalls will be blocked and street traffic will not be interrupted. Councilman Patterson suggested a reduced fee of $200 total for the two events instead of $400. Councilman Patterson moved and Councilman Kinney seconded to approve the special event permits and to reduce the special event permit fee to $200 total for the two events as presented. Motion carried unanimously. Clerk/Treasurer Strecker stated that there was a water main break on Ridge Road that occurred unexpectedly. She indicated that the City of Torrington is eligible for emergency Mineral Royalty Grant (MRG) repair funding from the State Loan and Investment Board (SLIB) and commented that an emergency has to be declared in order for the City to be able to apply for those emergency funds. Councilwoman Steinbock moved and Councilman Kelly seconded to declare an emergency as a result of the water main break on Ridge Road as presented. Motion carried unanimously. Attorney Eddington read a proclamation declaring April 2021 as Sexual Assault Awareness Month. It stated that sexual violence is a devastating and intolerable crime, affecting men, women and children of all races, ages, cultures and economic situations. It also indicated that the Goshen County Task Force on Family Violence & Sexual Assault promotes services for survivors of sexual violence through trainings, support service and outreach services throughout Goshen County, and specified that as a community, we pledge to support victims of sexual violence to promote wellness and healing. Michelle Powell, Goshen County Task Force Executive Director, spoke in support of the proclamation. Councilman Patterson moved and Councilman Kinney seconded to approve the proclamation as presented. Motion carried unanimously. Attorney Eddington read a proclamation declaring 04-30-21 as Arbor Day in the City of Torrington. It urged all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and to plant trees to gladden the heart and promote the well-being of this and future generations. Parks Supervisor John stated that due to the ongoing issues with COVID-19, the public tree planting ceremony in honor of Arbor Day has been postponed to the Fall of 2021. Councilwoman Steinbock moved and Councilman Patterson seconded to approve the proclamation as presented. Motion carried unanimously. Attorney Eddington read a proclamation declaring May 2-8, 2021 as Drinking Water Week. It urged each citizen of the City to help protect our source waters from pollution and practice water Page | 1 conservation, and stated that we are all stewards of the water infrastructure upon which future generations depend. Water/Wastewater Supervisor Troxel spoke in support of the proclamation. Councilman Kinney moved and Councilman Kelly seconded to approve the proclamation as presented. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING CHAPTER 5.50 OF THE TORRINGTON MUNICPAL CODE, 2021 REVISIONS, RELATING TO TELECOMMUNICATIONS FRANCHISE. Building Official Estes stated that the enforcement clause that was requested at the 04-06- 21 Council meeting was added to the proposed ordinance under Section 5.50.130. Councilman Kelly inquired if an additional clause stating that the franchise agreement will be terminated if any type of violation occurs needs to be added to the proposed ordinance. Attorney Eddington responded that a violation of any provision would be considered a breach of the franchise agreement. He indicated that a provision can be added that states that the franchisee must remedy the breach in a certain amount of time or the franchise agreement will not be renewed. Attorney Eddington commented that he would work on the requested breach of franchise agreement clause and have it ready to be presented for the third and final reading of the ordinance on 05-04-21. Councilman Patterson moved and Councilwoman Steinbock seconded to approve the ordinance on second reading as presented. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING CHAPTER 18.56 OF THE TORRINGTON MUNICPAL CODE, 2021 REVISIONS, RELATING TO M-P MOBILE HOME PARKS, SUBDIVISIONS, AND TRAILER PARK DISTRICTS. Building Official Estes stated that he met with Councilwoman Steinbock and indicated that the revisions that she suggested were incorporated into the proposed ordinance. Councilman Kinney moved and Councilman Patterson seconded to approve the ordinance on second reading as presented. Motion carried unanimously. Mayor Adams presented for approval the 2021 Swimming Pool Rates. The rates presented for approval were: Season Pass (Includes Slide) – Family (Up to 4 Family Members) – $160, Family (5 or more Family Members) – $180, Adult – $100, Student (18 Years of Age or Under) – $75, Senior (60 Years of Age or Above) – $50, Lap Swim/Aerobics Punch Card (20 Punches) – $40; Daily Admission (Includes Slide) – Pre-School (3 Years of Age or Under) – Free, General Admission (4 Years of Age or Above) – $3, Lap Swim/Aerobics – $4; Lessons – One Week – $30; Pool Parties – 50 Persons – $175, 50+ Persons – $200. Councilman Patterson moved and Councilwoman Steinbock seconded to approve the 2021 Swimming Pool Rates as presented. Motion carried unanimously. Chief of Police Johnson presented for approval a vehicle purchase request in the amount of $131,900. He stated that the Torrington Police Department is seeking approval to replace the 3 oldest vehicles in their fleet. Chief of Police Johnson indicated that the total expected cost to purchase and outfit the 3 new vehicles is projected at $131,900. He commented that payroll reimbursement from the CARES Act funding has allowed us to cover the cost of the purchase in full. Councilman Kinney moved and Councilman Patterson seconded to approve the vehicle purchase request in the amount of $131,900 as presented. Motion carried unanimously. Councilwoman Steinbock moved and Councilman Kelly seconded to adjourn the Mayor and Council from regular session and convene as a Board of Adjustment. Motion carried unanimously. Mayor Adams stated that Dr. Timothy Pieper requested a variance to allow for the construction of an accessory building without a residence on the lot for the property located at 2934 East E Street. He opened the public hearing for consideration of the variance request. Mayor Adams asked for public comments for or against the approval of the request. Dr. Timothy Pieper spoke in favor of the approval of the request. The public hearing was closed. Building Official Estes indicated that the Planning Commission denied the request at their 04-13-21 meeting due to the fact that they did not have enough information at the time of the meeting. He commented that Jerry Hattan, the one neighbor that was concerned about the variance request, has since then been contacted and had all of his concerns addressed. Building Official Estes stated that staff now recommends approval and indicated that he has received no other public comment. Councilman Kinney moved and Councilwoman Steinbock seconded to approve the variance request for the property located at 2934 East E Street as presented. Motion carried unanimously. Mayor Adams stated that 4-P Properties requested a variance to allow for the construction of an accessory building in a front yard and a variance for a 0’ setback on the east and north sides for the property located at 2510 West B Street. Building Official Estes indicated that he has been working with owner Gary Pittman on this particular accessory building issue since August of 2020, therefore the variance and setback requests came in after the fact. He commented that he has received several complaints from the neighbor to the north requesting that the accessory building be removed as it creates an obstruction of view. Building Official Estes stated that the Planning Commission denied the request at their 04-13-21 meeting and indicated that staff does not recommend approval. Mayor Adams opened the public hearing for consideration of the variance and setback requests. He asked for public comments for or against the approval of the requests, none were heard. The public hearing was closed. Councilman Kinney moved and Councilman Patterson seconded to deny the variance and setback requests for the property located at 2510 West B Street as presented. Motion carried unanimously. Page | 2  Councilman Patterson moved and Councilman Kinney seconded to return the Mayor and Council to regular session. Motion carried unanimously. Clerk/Treasurer Strecker presented for approval an amendment to the policy handbook in regard to the Families First Coronavirus Response Act Policy. She stated that the new legislation did extend the act from 04-01-21 through 09-30-21 and indicated that the benefits were expanded as well. Clerk/Treasurer Strecker commented that employees unable to work because they are obtaining a COVID-19 vaccine, or are recovering from any illness, injury or condition related to the vaccine (side effects) will now be granted COVID-19 Emergency Paid Sick Leave. She stated that also effective as of 04-01-21, COVID-19 Emergency Paid Sick Leave hours were reset to 80 hours of leave available for all employees, and indicated that the COVID-19 Emergency Family and Medical Leave Expansion Act changed from a 10 week benefit to a 12 week benefit. Clerk/Treasurer Strecker commented that she recommends the continuation of the policy through 09-30-21. Councilman Patterson moved and Councilwoman Steinbock seconded to approve the amendment to the policy handbook in regard to the extension of the Families First Coronavirus Response Act Policy through 09-30-21 as presented. Motion carried unanimously. The bills from 04-07-21 to 04-20-21 were presented for payment. Councilwoman Steinbock 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 Patterson commended Logan Dailey with the Torrington Telegram for the article that he wrote regarding depression and suicide. Councilman Patterson moved and Councilman Kinney seconded to adjourn to executive session to discuss litigation and real estate. Motion carried unanimously. Councilman Kinney moved and Councilman Kelly seconded to return the Mayor and Council to regular session. Motion carried unanimously. Councilwoman Steinbock moved and Councilman Patterson seconded to authorize the submittal of a Progress Program grant application to Goshen County Economic Development in the amount of $20,000 for the purchase of real estate as presented. Motion carried unanimously. Councilman Patterson moved and Councilwoman Steinbock seconded to approve the use of $38,000 from the James D. Kelly Living Trust-General Charitable Purpose account for the purchase of real estate as presented. Motion carried unanimously. Councilman Kinney moved and Councilman Kelly seconded that there being no further business to come before the Mayor and Council to adjourn at 8:53 p.m. Motion carried unanimously. The following bills were approved for payment: 70665 AFLAC payroll withholding 349.68;70666 NCPERS GROUP LIFE INS payroll withholding 160.00;70667 CIRCUIT COURT OF GOSHEN CO payroll withholding 373.07;70668 CITY OF TORRINGTON payroll withholding 170.77;70669 DENT, DAVID A. Golf Pro Payable 1505.07;70670 FAMILY SUPPORT REGISTRY payroll withholding 235.97;70671 GOSHEN CO DISTRICT COURT CLERK payroll withholding 100.00;70672 GREAT-WEST TRUST CO LLC payroll withholding 2575.00;70673 NEW YORK LIFE payroll withholding 359.37;70674 TOUCHTONE COMMUNICATIONS long distance 128.82;70675 WASHINGTON NATIONAL INSURANCE CO payroll withholding 32.70;70676 WYRULEC CO Landfill Electric 385.38;70677 DEPARTMENT OF WORKFORCE SERVICES unemployment 855.00;70678 KELLETT, STEVEN deposit refund 58.44;70679 PRO AGG INVESTMENT II LLC deposit refund 90.66;70680 AMAYA, JADA R. credit refund 104.27;70681 HOOVER, EDNA A. deposit refund 63.20;70682 NIELSON, TUG reimb-rabies deposit 50.00;70683 MCNEES, HILLARY reimb-notary filing fee 21.00;70684 LUND, GREGORY deposit refund 33.65;70685 GAREY, RILEY deposit refund 138.11;70686 21ST CENTURY EQUIPMENT LLC diagnose hydrlc circuit,wiper blades 635.00;70687 ACCUSCREEN MOBILE DRUG TESTING SERVICES rapid screen drug tests 112.00;70688 AT&T MOBILITY cardiac monitor transmission fees 33.46;70689 AXON ENTERPRISE INC. taser payments,body cameras/ accessories,usb cables,power cords,rapidlocks,pocket mount,body dock,wall mount bracket,assembly, evidence.com dock 85644.92;70690 BARCO MUNICIPAL PRODUCTS INC. barricades 1237.50;70691 BIVENS CONSTRUCTION INC. repair work-Ridge Rd leak 7835.00;70692 BLACK HILLS ENERGY utilities-gas 3082.56;70693 BOMGAARS SUPPLY INC. diesel fluid exhausts 24.90;70694 BROWN CO service kits, pulleys,spinner blades,bearings 182.81;70695 C H GUERNSEY & CO CBA filing 3737.50;70696 CANON FINANCIAL SERVICES INC. copier contracts 839.00;70697 CENTURY LUMBER CENTER caulk,toilet,surge protectors,shelf/brackets,wallboards,anchors,screws,nails,cable ties,shutoff couplings,rails,end posts, bolts,padlocks,single cut keys,extension cords,enamel,brushes,plywood,paneling,deck correct,tapered handles,grounding plugs,connectors,male hose repair,paint,plunger,toilet auger,redwood finish,power bits,magnetic nutsetter,fasteners,plastic clamps,sheetrock,utility blades,flush lever,concr scr,spray texture,carpet tape,tap bolt 1391.53;70698 CITYSERVICEVALCON LLC Phillips 66 terminal maint fee 16.00;70699 COMMUNITY HOSPITAL ambulance supplies 127.82;70700 COZAD SIGNS LLC graphics-sides of fire truck 1220.00;70701 CULLIGAN WATER OF TORRINGTON water dispenser rentals 25.00;70702 CUMMINS INC. planned generator maint/inspection,batteries 3317.89;70703 DECKER, STEVE weed killer 436.00;70704 DITCH WITCH UNDERCON lithium battery-locator 643.57;70705 DOOLEY OIL INC. def fluid 540.25;70706 EJS SUPPLY LLC elgin pelican main broom/gutter brooms 1419.29;70707 ENERGY Page | 3 LABORATORIES INC. lab testing 204.00;70708 FASTENAL CO batteries,filters,sweatshirts 133.81;70709 PRO QUALITY PEST CONTROL rodent control 30.00;70710 GLOBAL EQUIPMENT CO padlocks 216.92; 70711 GOSHEN CO ECONOMIC monthly contribution 2500.00;70712 GREATAMERICA FINANCIAL SERVICES CORP copier leases 434.00;70713 THE HARTFORD bond-City Treasurer 200.00;70714 HAWKINS INC. sodium hydrox 50% diaphragm,main connections,pvc 2630.73;70715 HEALING CONNECTIONS MENTAL HLTH THERAPY therapy sessions 300.00;70716 IDEAL LINEN/BLUFFS FACILITY SOLUTION mats, scrapers,sam dust/energy fees,sam garment fees,sam linen,coveralls,towels,mops 789.17;70717 ITRON INC. hardware/software maint 4455.00;70718 JAMES A. EDDINGTON PC City Attorney 6666.00;70719 JAMES A. EDDINGTON PC City Attorney extended hours 834.55;70720 JOHNSON, MATTHEW DAVID mileage reimb 123.20;70721 LIFEMED SAFETY INC. limb-lead ecg cable,aami,x-series 157.00;70722 LONG II, DEREK J. deep root tree fertilization,new tree fertilization 690.00;70723 LUJAN CLEANING SERVICE LLC cleaning,window cleaning 273.75;70724 MASEK GOLF CAR CO main assembly switch 225.34;70725 MCI A VERIZON CO long distance/911 call backs 66.81;70726 MEDICAL AIR SERVICES ASSOCIATION medical air transport ins 1615.00;70727 MENARDS shelving units 559.52;70728 MIKA DIGITAL SERVICES charging cradle for scanner 191.10;70729 MOTOROLA SOLUTIONS INC. dispatch 911 service contract 4904.32;70730 MS LORRI CAR WASH car wash tokens 45.50;70731 MUNICIPAL ENERGY AGENCY OF NE wholesale power 422296.76;70732 MY-LOR INC. ID tag,aluminum w/ trigger snaps 29.08; 70733 NATIONAL VOLUNTEER FIRE COUNCIL INC. membership fees 360.00;70734 NE MUNICIPAL POWER POOL annual membership 3115.39;70735 NEWMAN, DAVID A. death investigation training fee 100.00;70736 OLSON TIRE CO tires,large bore adaptors,gy assurance 2008.46;70737 ONLINE COMMERCE GROUP LLC lifeguard umbrellas 359.52;70738 ONE CALL OF WY tickets for CDC code TRG 121.50;70739 PANHANDLE COOPERATIVE ASSOCIATION styrofoam cups,dishwasher cleaner,commercial propane 1160.36;70740 ENVIRO SERVICES INC. lab analysis 150.00;70741 PATRICK, JOHN B. Municipal Court Judge 2000.00;70742 PINNACLE BANK WAMCAT,usb data hubs/charger/flash drives,organizer, travel expense-meals,training,neophyte guide,zoom subscription renewal,driving record report,pool stairs,table saw w/ stand,pants/shirts,voice recorder,electric heaters,pager belt clip,mailbox,acoustic panels,battery/charger,batteries,markers,snacks-training 6219.71;70743 QUADIENT FINANCE USA INC. neopost postage 691.58;70744 RAILROAD MANAGEMENT CO land lease 1259.91;70745 WY AIRPORT SERVICES LLC Airport Operator Contract 1666.67;70746 SANDBERG IMPLEMENT INC. repairs to chainsaw,replace chain 323.94;70747 TEAM CHEVROLET gauge cluster,solenoid/control 323.98;70748 EASTERN WY EYE CLINIC safety glasses 549.00;70749 SIRCHIE ACQUISITION CO LLC tests- methamphetamine,replacement pads 43.23;70750 SMITTY'S REPAIR SERVICE stick&mig welding, straigten bmpr,drill holes,flat iron 149.95;70751 DBC IRRIGATION SUPPLY sprinkler valves 271.98;70752 QUILL LLC ink cartridges,white poly,highlighters,post-it flags 194.10;70753 SUEZ WTS USA INC. monthly chemical management 7748.79;70754 TNEMEC CO INC. paint for pool 720.00;70755 TORRINGTON AMBULANCE CPR training 575.00;70756 TORRINGTON ROTARY CLUB membership dues 135.00;70757 TRANS-WEST INC. nuts/bolts 33.20;70758 U S POSTMASTER credit for postage 850.00;70759 VERIZON WIRELESS TVFD cell phones 97.11;70760 GRAINGER picnic tables,light bulbs 1736.13;70761 WAGNER RENTS planer rental 1330.00;70762 WF CTS DEBT SERVICE CWMEPS-bond/lease payment interest 32929.71;70763 WESTCO shell tellus pails,windshield washer fluid,tractor hyd fluid,oil,dyed diesel 5331.92;70764 WESTERN PATHOLOGY CONSULTANTS breath alcohol,DOT drug screen,urine collection 171.00;70765 WY DEPT OF TRANSPORTATION Industrial Park Ave Phase II,Torr/Industrial Park Ave,Torr/ US 85 Realign/Enhc 60.27;70766 JENNY KEETON-MOHR deposit refund 3.67;70767 CAR ENTERPRISES LLC deposit refund 50.49;70768 WILMOTH, REBECCA reimb-care/impound fee 60.00;70769 BARTEL, GARRETT deposit refund 93.59 Page | 4