City Council

City of Torrington ) County of Goshen ) State of Wyoming ) The Torrington City Council met in regular session on Tuesday, December 5, 2023 in the City Council Chambers at 436 East 22nd Ave. at 7:00 p.m. Present: Mayor Doby, Council Members Deahl, Kelly, Patterson and Viktorin. Also Present: Clerk/Treasurer Strecker, Attorney Eddington, Director of Public Works/City Engineer Harkins, Chief of Police Johnson, Buildings & Grounds Superintendent Estes, Electrical Supervisor Youtz, Emergency Management Coordinator Kenyon and Deputy City Clerk Anaya. Mayor Doby called the meeting to order. Councilman Viktorin led the Pledge of Allegiance. Mayor Doby led the session with informational announcements on the following items: 1. Mayor Doby stated that in observance of the Christmas holiday, all City of Torrington offices will be closed on Monday and Tuesday, December 25-26, 2023. He wished everyone a Merry Christmas; 2. Mayor Doby urged the public to patronize the City’s numerous and varied local merchants and businesses during the holiday season; 3. Weather updates; 4. Reminder to citizens that sidewalks must be cleared within 24 hours of a snowfall; 5. Reminder to the public to take extra caution and to refrain from using their cell phones while driving; and 6. Request to the public to drink responsibly and to not drink and drive. Councilman Viktorin moved and Councilman Patterson seconded to approve the consent agenda which includes the minutes from the 11-21-23 Council meeting as published and all actions therein be ratified. Motion carried unanimously. Councilman Kelly moved and Councilman Deahl seconded to approve the agenda as presented. Motion carried unanimously. Tiffany Leslie with the Broncho Bar requested approval of extended hours of operation on Sunday, December 31, 2023 until 2:00 a.m. Mayor Doby inquired about other establishments and what process would need to be followed if they individually wanted those same extended hours to apply to them. Chief of Police Johnson responded that state statute mandates that the hours of operation be uniformly applied to establishments similarly situated. Therefore, if the Council approves Tiffany Leslie’s request, all other establishments who hold a Retail Liquor License will have to be allowed the same opportunity. Chief of Police Johnson stated that he expects that staff will receive a similar request from Limited Club Liquor License holders. Councilman Patterson moved and Councilman Viktorin seconded to approve the extended hours request for Retail Liquor License holders as presented. Motion carried unanimously. Julie Miller-Harshberger with the 307 Sports Bar & Grill requested approval of a catering permit for a City of Torrington Christmas Party to be held on 12-15-23 from 4:30 p.m. to 12:00 a.m. at 436 East 22nd Avenue (Lincoln Community Complex Pony Express Room). Councilman Viktorin moved and Councilman Kelly seconded to approve the catering permit as presented. Motion carried unanimously. Julie Miller-Harshberger with the 307 Sports Bar & Grill requested approval of a catering permit for an Emergency Medical Services Christmas Party to be held on 12-16-23 from 4:30 p.m. to 2:00 a.m. at 436 East 22nd Avenue (Lincoln Community Complex Pony Express Room). Councilman Kelly moved and Councilman Deahl seconded to approve the catering permit as presented. Motion carried unanimously. Charlie Harshberger with the 307 Sports Bar & Grill requested approval of a catering permit for a Cattlewomen’s Christmas Party to be held on 12-10-23 from 4:00 p.m. to 10:00 p.m. at 3401 West C Street (Eastern Wyoming College ATEC Building). Councilman Deahl moved and Councilman Viktorin seconded to approve the catering permit as presented. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE CREATING AND ENACTING SECTION 5.12.045 OF THE TORRINGTON MUNICIPAL CODE, 2023 REVISIONS, RELATING TO ALCOHOLIC BEVERAGE PERMITS IN THE CITY OF TORRINGTON. Chief of Police Johnson stated that changes were made to the ordinance to satisfy the inquiry that Councilman Kelly had regarding temporary food license requirements that are set forth by the Wyoming Department of Agriculture Consumer Health Services. He indicated that a general statement was included under each subsection of every type of permit placing the responsibility on the applicant to satisfy the temporary food license requirement, if required for the event, prior to submitting an application for an alcoholic beverage permit with the City of Torrington. Councilman Patterson moved and Councilman Deahl 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 5.12.020 OF THE TORRINGTON MUNICIPAL CODE, 2023 REVISIONS, RELATING TO LIQUOR LICENSE/PERMIT FEES. Councilman Kelly moved and Councilman Viktorin seconded to approve the ordinance on second reading as presented. Motion carried unanimously. Mayor Doby stated that the Solar Energy Generation Project proposed by the Municipal Energy Agency of Nebraska (MEAN) and Sandhills Energy, LLC has previously been discussed in depth at several Work Sessions held by the City Council. He indicated that the project is at the point where the updated lease agreement with SE Municipal Wyoming, LLC is ready for the Council’s review and consideration. Page | 1 Attorney Eddington reviewed the substantive changes that were made to the lease agreement with the Mayor and Council. He commented that he has spent a significant amount of time negotiating the terms of the agreement and stated that the current version is the fourth or fifth revision. Attorney Eddington indicated that after all of the revisions that were made, the agreement is now to the point where he is comfortable with it. Brian Boerner with Sandhills Energy addressed the Mayor and Council via conference call. He commented that there are 15 other MEAN communities that have all signed lease agreements and stated that Torrington is the only community that has not signed. Mr. Boerner indicated that Sandhills Energy just got accepted into the USDA program for a loan for the proposed solar project and commented that Sandhills Energy is 99% confident that the project will move forward. Mayor Doby inquired if any of the individual projects with the other 15 communities that have signed lease agreements have commenced or completed construction. Mr. Boerner responded no and stated that Sandhills Energy was waiting on the USDA loan to go through and now that it has, as a condition of that loan, environmental reviews need to be completed prior to construction commencing. He indicated that they are currently in the process of completing the required environmental reviews. Councilman Patterson commented that the concern is not with the project itself but more so with the proposed location of the project. He stated that he was recently made aware that the Airport Board is unanimously against the project. Councilman Patterson acknowledged that members of the Airport Board were present. He invited them to address the Mayor and Council and to share the reasoning as to why the board is against the project. Airport Board Members John Ellis and Randy Baugh and Airport Manager Michael Richey spoke in opposition of the project. The audio archive of the Council meeting is publicly accessible to anyone interested in the full synopsis of the project discussion. Please visit https://www.torringtonwy.gov/AgendaCenter to access the archive. Raki Giannakouros with Sandhills Energy addressed some of the concerns that were listed by Airport Board Members Ellis and Baugh and Airport Manager Richey via conference call. He indicated that the safety concerns can be objectively verified by Sandhills Energy with studies that have been conducted for the project and commented that Sandhills Energy would be happy to sit down with the Airport Board to discuss and address their concerns more in depth. Electrical Supervisor Youtz addressed the Mayor and Council. He expressed his concerns regarding not having an actual constructed facility as a baseline to go off of and reiterated his concerns with potential harmonics issues. Doug Mercer with the Goshen County Planning Commission addressed the Mayor and Council. He stated that the Mayor and Council should be fully versed on the details of the project and indicated that if they were then they would not be asking the questions that they are still asking at this point in the process. Mr. Mercer suggested that the Mayor and Council further educate themselves on the project details in order to make a good decision for the future of Torrington. Mr. Giannakouros commented that Sandhills Energy will continue to make their best efforts to address any and all open concerns regarding the project if given the opportunity to do so. Councilman Viktorin moved and Councilman Patterson seconded to cease and terminate negotiations on the lease agreement for the Solar Energy Generation Project. Motion carried unanimously. Attorney Eddington read Resolution No. 2023-13 authorizing the submission of a Wyoming Emergency Management Program grant application for the purchase of an essential vehicle for the City of Torrington. Emergency Management Coordinator (EMC) Kenyon stated that a grant application in the amount of $75,000.00 will be submitted to the Wyoming Office of Homeland Security for consideration of funding the purchase of a Torrington Emergency Management Pickup. He indicated that funding for the truck will be split between the Emergency Management Program Grant (50%) and City matching funds (50%). Councilman Deahl moved and Councilman Kelly seconded to approve Resolution No. 2023- 13 as presented. Motion carried unanimously. Attorney Eddington read Resolution No. 2023-14. Clerk/Treasurer Strecker stated that the resolution will amend the FY24 Budget for unanticipated revenue received and for expenditures in excess of the budgeted amount. The amended amount will account for the following: General Fund – PD-Misc. Donation ($500.00), Emergency Mgmt-Vehicle Match ($37,500.00), EMPG-New Emergency Mgmt Vehcile ($37,500.00); and Ambulance Fund – OneOk Grant for Body Armor ($4,998.99). Councilman Patterson moved and Councilman Deahl seconded to approve Resolution No. 2023-14 as presented. Motion carried unanimously. The bills from 11-22-23 to 12-05-23 were presented for payment. Councilman Kelly moved and Councilman Patterson seconded to approve the bills for payment as presented. Motion carried unanimously. Mayor Doby asked for public comments, questions or concerns. Fire Chief Petsch briefly updated the Mayor and Council on the calls that the Torrington Volunteer Fire Department responded to in the last couple of weeks. He also gave an update on the Christmas Parade and informed the Mayor and Council that the department will be assisting the Torrington Police Department with their annual Shop with a Cop event that is scheduled to take place on 12-15-23. Mayor Doby adjourned the meeting at 8:59 p.m. The following bills were approved for payment: 77460 CITY OF TORRINGTON c/o PLATTE VALLEY BANK East K Lid bond payment/CD 11713.81;77461 DEPARTMENT OF WORKFORCE SERVICES workers Page | 2 compensation 7173.47;77462 STANDARD INSURANCE CO premium-long term disability 2325.37;77463 VIAERO WIRELESS cell phone,wireless hotspots 649.33;77464 WY DEPT OF REVENUE sales tax 16051.73; 77465 WY RETIREMENT SYSTEMS retirement 80579.28;77466 AMAZON CAPITAL SERVICES address labels,Christmas lights,wall clock,monitor riser w/ drawer,battery charger,thermopile replacement part 219.48;77467 AMERICAN TELETEC directional boring & place new UG conduit 4200.00;77468 AT&T MOBILITY modem 40.04;77469 AVOCATION SOFTWARE laser invoices 87.75;77470 BIG WOOD TREE SERVICE LLC tree removal 2250.00;77471 BIVENS CONSTRUCTION INC. sewer service install 9355.00; 77472 BLOEDORN LUMBER CO-TORRINGTON windshield wiper fluid,ball valve,roller frames,trim roller cover,brush,paint,deep tray liner,diablo installer bit,screws,screwdriver bits,treated timbers,grade stakes,cull lumber,tape measure,extension cords,impact socket adapter,paint pail 883.71;77473 BORDER STATES INDUSTRIES INC. poles,triplex wire,wedge clamps,gloves,ground rods,bolt eyes,street lights,entrance caps,hubs,insulators,splicing tape 22803.90;77474 BROWN CO quickie saw pull cord 176.49;77475 CASELLE INC. contract support & maint 2050.00;77476 CENTURY LUMBER CENTER s hooks,coat cables,screws,acetone,roller covers,outlet adapter,expansion joint,washing machine hose, vacuum cleaner,insert key,j-b cold weld,single cut key,hammers,fasteners,teflon paste,tees,crimper/ stripper,pencil burner torch head,sealant,hook blades,glass scraper,dig-it removal tool,snow shovel,ice melt,electrical tape,flush valve,flat alarm lever,Christmas lights,security light,alum angle 512.72;77477 CENTURY LUMBER CENTER push broom 59.38;77478 CENTURYLINK data lines 1740.18;77479 CENTURYLINK TVFD phone,data line 220.99;77480 CITY OF TORRINGTON trail passes-City golf carts/ rentals,payroll withholding 17546.59;77481 CITY SERVICE VALCON jet fuel 15200.73;77482 CIVICPLUS LLC CivicGov program set up for code enforcement,municode full service codification/annual fee 16068.25;77483 CONNECTING POINT copier all-inclusive service contracts 427.35;77484 CONTRACTORS MATERIALS INC. inverted paint,lens clean towelettes,safety glasses 130.00;77485 CROELL REDI-MIX INC. psi no ash X 2.50 CY-parks/rec board reimb 465.00;77486 CULLIGAN WATER CONDITIONING OF TORRINGTON commercial annual maint,dispenser rentals 450.05;77487 CUMMINS INC. planned generator maint 840.99;77488 DANA KEPNER CO INC. stainless steel repair clamp,water meters 19685.98;77489 DENT, DAVID A. Golf Pro Payable 56.91;77490 E P CONSTRUCTION concrete work/ apron at firehouse-City ½ 8102.47;77491 EASTERN WY EYE CLINIC safety glasses 950.35;77492 EMERGENCY MEDICAL PRODUCTS INC. combitubes 244.40;77493 ENERGY LABORATORIES INC. lab testing 959.00;77494 ENVIRO SERVICES INC. lab analysis 74.00;77495 FERGUSON WATERWORKS #1116 ball curb valves,comp balls,couplings,unions,elbows 3652.00;77496 FR CLOTHING & SUPPLY fire resistant clothing 3040.33;77497 FUEL MANAGEMENT SOLUTIONS repairs to veeder root,repairs to interstitial monitors 2887.62;77498 FULL SOURCE rain jackets,insulated cold weather parka 283.11; 77499 G & L CONCRETE concrete 1155.00;77500 GASSELING, BRANDON work boots reimb 160.00;77501 GEORGE, WHITNEY deposit refund 108.33;77502 GOODE, JACOB deposit refund 20.41;77503 GOSHEN CO DISTRICT COURT CLERK payroll withholding 100.00;77504 GOSHEN CO PUBLIC HEALTH employee flu shots 810.00;77505 GRAINGER roll work steel platform,batteries,hour meter/gasket,2-hole steels straps, gasket rings,safety glasses 2322.81;77506 GREATAMERICA FINANCIAL SERVICES CORP property taxes- copiers 64.30;77507 GREAT-WEST TRUST CO LLC payroll withholding 1863.00;77508 HAWKINS INC. sodium hydrox 50% diaphragm 3235.36;77509 HEALING CONNECTIONS MENTAL HLTH THERAPY individual sessions 1200.00;77510 HEARTLAND EMBROIDERY AND PRINTWEAR LLC embroidery work on clothing 72.00;77511 IDEAL LINEN/BLUFFS FACILITY SOLUTION trash bags,toilet paper,disinfectant,toilet bowl cleaner,cleaner,paper towels,trash liners 1461.85;77512 J-BUILT HOMES INC. Golf Course Parking Lot Improvements Project 3949.67;77513 JOE JOHNSON EQUIPMENT LLC sweeper repair parts 860.00; 77514 KATH BROADCASTING CO LLC City Council meeting coverage,tower rent 475.00;77515 KAUFMAN GLASS LLC tinted safety glass install 160.00;77516 KOIS BROTHERS EQUIPMENT CO dumpster lids 2162.80;77517 NE SAFETY AND FIRE EQUIPMENT INC. fire alarm system/sprinkler system/range hood fire extinguisher system inspects 1313.00;77518 NEW YORK LIFE payroll withholding 257.00;77519 NEWMAN SIGNS INC. signs 220.02;77520 NORTHWEST PIPE FITTINGS INC. brass/nipples 88.02;77521 O'REILLY AUTO ENTERPRISES LLC mini bulbs,fuse assortment 9.59;77522 POMP'S TIRE SERVICE tires 1306.28;77523 POSTEN, REECE BENJAMIN ice machine cleaning 210.25;77524 PRINT EXPRESS INC. envelopes 291.87;77525 PRO QUALITY PEST CONTROL rodent control 90.00;77526 QUADIENT FINANCE USA INC. neopost postage 737.74;77527 QUADIENT LEASING USA INC. lease contract-postage machine 407.91;77528 RICHEY, MICHAEL Airport Operator Contract 1666.66;77529 RICHEY, MICHAEL fuel 409.53; 77530 ROOSE, REGINA M. credit refund 189.53;77531 RUTT, AUSTIN credit refund 169.11;77532 SCHNEIDER WILD FUR lined & thinsulate gloves 522.00;77533 SNOW CREST CHEMICALS LLC hot water closed loop contract 145.00;77534 SOUTH TORRINGTON WATER & SEWER DISTRICT museum-water/ sewer 71.43;77535 SOUTHWESTERN EQUIPMENT CO garbage truck repair parts,spacer block 6376.26; 77536 STEWART, JOSHUA credit refund 4.97;77537 SUPER PRODUCTS Vactor Truck rental 5300.00; 77538 THE L L JOHNSON DIST CO ballpark groomer,hitch kit,hydraulic top link,weights 6441.38;77539 TORRINGTON FIRE DEPT professional services 1250.00;77540 TORRINGTON OFFICE SUPPLY weekly planner,mouse pads,gel pens,desk calendars,toner cartridge,monthly calendar,bath tissue 422.18;77541 TORRINGTON TELEGRAM ads,legals 3746.25;77542 TOUCHTONE COMMUNICATIONS long distance 76.98;77543 U S DEPT OF ENERGY billing o&m at Torr Substation/restore funds 9013.94;77544 U S Page | 3 POSTMASTER first class presort/annual fee 310.00;77545 U S POSTMASTER annual post office box fee 152.00;77546 VALLEY MOTOR SUPPLY filters,oil,antifreeze,dex iii,pipe sealant,teflon tape,t-bolt clamps 175.78;77547 VERIZON WIRELESS cell phones 618.38;77548 VYVE BROADBAND fiber internet service 1060.00;77549 WARREN, JAMES LYNN choice detergent,rinseaid,sanitizer 240.21;77550 WATER INFORMATION SHARING & ANALYSIS CNT WATER ISAC-annual membership 580.00;77551 WY ASSOC OF MUNICIPALITIES HR workshops 200.00;77552 WY ASSOC RURAL WATER 2024 voting membership 475.00;77553 WY DEPT OF TRANSPORTATION license plate transfer 2.00;77554 WY DEPT OF TRANSPORTATION Used 2019 Dodge Charger 8000.00;77555 WY MACHINERY seals,coil assy,air compressor rental 1943.61;77556 WY REPORTING SERVICES INC. video/telephone deposition 89.30; 77557 WYRULEC CO payroll withholding 2573.64;77558 ZOLL MEDICAL CORPORATION lithium ion batteries 2871.00 Page | 4