City Council

City of Torrington ) County of Goshen ) State of Wyoming ) The Torrington City Council met in regular session on Tuesday, October 15, 2024 in the City Council Chambers at 436 East 22nd Ave. at 5:30 p.m. Present: Mayor Doby, Council Members Deahl, Kelly, Patterson and Viktorin. Also Present: Clerk/Treasurer Strecker, Attorney Eddington, Director of Public Works Harkins, Chief of Police Johnson, Streets & Sanitation Superintendent Hawley and Deputy City Clerk Anaya. Mayor Doby called the meeting to order. Councilman Deahl led the Pledge of Allegiance. Mayor Doby led the session with informational announcements on the following items: 1. Constitution Week (09-17-24 through 09-23-24) update; 2. General Election (11-05-24) update. Early voting is set to begin on 10-08-24; and 3. Mayor Doby stated that on the ballot this year is the option to continue the Goshen County Sales and Use Tax. He indicated that the City of Torrington uses this optional 1% sales tax mainly for the general fund for items such as capital improvements, maintenance, internet technology, equipment service, airport, cemetery, fire department, police department and as match money in applications for state/federal grants and private foundation grants. Mayor Doby commented that this is not an additional tax, it is simply a continuation of the 1% tax. He stated that the tax rate will stay the same. Mayor Doby indicated that food purchases are exempt from the tax and commented that a good portion of agricultural related purchases are tax exempt as well. He stated that this is not a permanent tax and indicated that it is renewed every four years by the voters. Mayor Doby commented that this tax is also paid by non-residents and visitors on purchases made in Goshen County. He stated that this optional sales tax has been in effect for 20 years and indicated that it was first passed by the Goshen County electorate on 11-02-04. Mayor Doby commented that it was last voted on in the General Election in 2020 and it passed 72% for and 28% against. He stated that this optional tax greatly benefits the City of Torrington, Goshen County, Fort Laramie, LaGrange, Lingle and Yoder. Mayor Doby indicated that this 1% sales tax on the election ballot this year has nothing to do with Go Goshen or Economic Development’s ¼ cent sales tax that was on the General Election ballot in November of 2022. He commented that the two taxes are separate and not at all related with each other. Mayor Doby stated that the 1% sales tax renewal is only payable to Goshen County, the City of Torrington, and the towns of Fort Laramie, LaGrange, Lingle and Yoder. He urged the public to please become informed and to exercise their right to vote. Mayor Doby recommended a modification to page two of the minutes. He requested editing a segment of the second paragraph by replacing the words that she with the words the director. Councilman Viktorin moved and Councilman Kelly seconded to approve the consent agenda which includes the minutes from the 10-01-24 Council meeting as published and as amended and all actions therein be ratified. Motion carried unanimously. Councilman Patterson moved and Councilman Deahl seconded to approve the agenda as presented. Motion carried unanimously. Scott Prusia, President of the Lodging Tax Board, addressed the Mayor and Council. He presented information about the lodging tax and highlighted the benefits that the tax offers to the City of Torrington and Goshen County. Mr. Prusia stated that this tax that is not paid by residents, provides additional revenue that funds local tourism, and further develops visitor and resident services. Chief of Police Johnson presented for approval modifications to the special event permit application. He stated that the proposed modifications are a continuation of the discussion that took place at the 09-19-24 Work Session to make as much clarity as possible out of the special event permit application and process. Chief of Police Johnson indicated that the biggest change made to the application is the addition of three bullet points at the top that clarify what the application fee is, what the special event permit fee is and what waivers can be requested, and a notification to applicants that the City reserves the right to request reimbursement for the cost of additional City services provided for a special event. He commented that a few things within the application itself were also cleaned up by getting rid of items that were not particularly necessary. Councilman Patterson moved and Councilman Viktorin seconded to approve the modifications to the special event permit application as presented. Motion carried unanimously. Leann Mattis with Go Goshen requested approval of a special event permit for a Trunk or Treat event to be held on 10-31-24 from 5:00 p.m. to 7:00 p.m. Mayor Doby indicated that the applicant is requesting approval to close the public street on Main Street between 19th Avenue and 23rd Avenue and to have the special event permit fee waived due to the request being a community event. Chief of Police Johnson stated that the duration of the event will be increased this year to one and a half hours and commented that the closure on East 20th Avenue will extend east to the front of Torrington Cinemas, but access to the south exit of City Lot Five will remain open. He stated that in order to improve the flow of participants and minimize wait times, the Torrington Police Department will also host two entrances. Councilman Deahl moved and Councilman Viktorin seconded to approve the special event permit and to Page | 1 waive the special event permit fee as presented, and not to impose any of the projected costs on the applicant. Motion carried unanimously. Mayor Doby noted the time had arrived for the Mayor and Council to adjourn from regular session and convene as a Board of Adjustment. Director of Public Works Harkins stated that Celine Rentas requested a conditional use permit to operate a commercial daycare. The property is located at 1765 West C Street. He indicated that the Planning Commission approved the request at their 10-08-24 meeting. Mayor Doby opened the public hearing for consideration of the permit. He asked for public comments for or against the approval of the permit, none were heard. The public hearing was closed. Councilman Patterson moved and Councilman Deahl seconded to approve the conditional use permit for the property located at 1765 West C Street as presented. Motion carried unanimously. Director of Public Works (DPW) Harkins stated that the City of Torrington requested a preliminary plat acting as the final plat for the vacation and replat of the East P Street 2nd Filing. He indicated that the purpose of the request is to clean up property lines, square off the road and to extend East P Street to the entrance of the City lagoons. DPW Harkins commented that Charles Wilson, who owns the property on which Bronco Drilling operates out of, attended the 10-08-24 Planning Commission meeting and indicated that Mr. Wilson came forward and stated that the portion of the road that is currently platted shown on the map does not belong to the public, that he still owns the land. DPW Harkins indicated that the original East P Street plat clearly indicates with the proper acknowledgements that the street was deeded by the plat to the City of Torrington for the use of the roadway. Mayor Doby opened the public hearing for consideration of the preliminary plat request. He asked for public comments for or against the approval of the preliminary plat request, none were heard. The public hearing was closed. Councilman Viktorin moved and Councilman Kelly seconded to approve the preliminary plat acting as the final plat for the vacation and replat of the East P Street 2nd Filing as presented. Motion carried unanimously. Mayor Doby returned the Mayor and Council to regular session. Director of Public Works (DPW) Harkins presented for approval an ordinance on first reading relating to Sanitation Fees. He stated that the fees in Section 3.04.050 A., 3.04.050 B. and 3.04.050 D. will be increased by 6% on 01-01-25, by 6% on 01-01-26 and will incur a 3% annual inflation rate every year on January 1st following the adoption of this ordinance. DPW Harkins indicated that the first inflation increase will be effective on 01-01-27. He commented that one of the reasons for the proposed increase in fees is to potentially help fund the relocation of the baler facility out to the landfill. DPW Harkins stated that if approved, the ordinance will take effect on 01-01-25. He indicated that the proposed ordinance was written to include the initial 6% increase projected for 01-01-25. Mayor Doby inquired how the projected increases were calculated. DPW Harkins responded that the City of Torrington utilizes a software called Waterworth that takes into account all of the City’s operating expenses, capital expenditures, proposed projects, equipment replacements and basically everything in the Sanitation Department. He commented that staff can manipulate the City’s cost to find out how certain projects can be funded and stated that in this particular case, the project is the relocation of the baler facility. DPW Harkins indicated that Waterworth calculated the City’s capital reserve and budget amounts that would be needed in order to be able to fund this particular project. He commented that the numbers have been carefully considered in relation to all aspects of the Sanitation Department. Councilman Patterson stated that enterprise funds are one aspect of government that is actually run like a business. He indicated that those funds have to generate revenue and be self-supporting. Councilman Patterson commented that money cannot be shifted from another department to these types of funds to make them whole. He stated that small increments like the ones that are being proposed keep these types of funds self-supporting and in the black. Councilman Patterson indicated that it is easier to have small increments in place rather than having to impose a large increase later on when all of a sudden something collapses and needs immediate attention. DPW Harkins commented that the current baler is 1972 vintage. He stated that it has been in existence for 53 years and indicated that it annually costs the City upwards of $80,000.00 to keep it running. DPW Harkins commented that at one point in time, it is not going to be repairable and then an emergency situation will be created regarding how municipal waste will be handled. Councilman Kelly inquired if the proposed ordinance will eliminate other vendors from having the ability to provide any services within the City limits. DPW Harkins confirmed yes. Councilman Kelly questioned if that prohibition is a violation of enterprise laws. Attorney Eddington replied that cities have the exclusive right to provide services based on enterprise funds and charge accordingly. He advised the Mayor and Council that it is part of their fiduciary duty as a governing body to see that those enterprise funds pay for themselves. Attorney Eddington stated that there are many statutes that support the governing body providing services and indicated that those statute numbers are 15-1-103 (a)(v), (a)(vii) and (xxi). Councilman Viktorin indicated that he gathered from the 09-19-24 Work Session that the majority of the City’s roll-off container business actually comes from out of the City limits. Streets & Sanitation Superintendent Hawley responded that in the last five to six years the City has in fact provided roll-off containers to customers located outside of the City limits. Mayor Doby commented that the proposed amendment prohibiting other vendors from providing any services Page | 2 within the City limits includes a clause that will also preclude the City of Torrington from providing garbage collection services outside of the City limits. Councilman Patterson moved and Councilman Deahl seconded to approve the ordinance on first reading as presented. Voting aye Deahl, Doby, Kelly and Patterson, nay Viktorin. Motion Carried. Clerk/Treasurer Strecker presented for approval a Municipal Lease/Purchase Agreement between the City of Torrington and Bankers’ Bank of the West Leasing Company, Inc. and Resolution No. 2024-10. She stated as a reminder that at the 10-01-24 Council meeting, the Mayor and Council awarded the request for financial services to Points West Bank of Torrington, Wyoming at 4.80%. Clerk/Treasurer Strecker indicated that this is the financing agreement and the resolution to approve the financing so that the City can close on this and get the funding by 10-21-24. She commented that the two items being financed are as follows: 1. New 2024 Peterbilt Model 520 with Southwest Body; and 2. New 2024 Caterpillar 816 Landfill Compactor. Attorney Eddington read the resolution. Councilman Viktorin moved and Councilman Kelly seconded to approve the Municipal Lease/Purchase Agreement between the City of Torrington and Bankers’ Bank of the West Leasing Company, Inc. and Resolution No. 2024-10 as presented. Motion carried unanimously. The bills from 10-02-24 to 10-15-24 were presented for payment. Councilman Kelly moved and Councilman Deahl seconded to approve the bills for payment as presented. Motion carried unanimously. Mayor Doby asked for public comments, questions or concerns. Fire Chief Correa 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 a brief update on the events that transpired during Fire Prevention Week and on the upcoming fire extinguisher training that the department will be doing with Diversified Services, Inc. on 10-18-24. Mayor Doby adjourned the meeting at 6:45 p.m. The following bills were approved for payment: 79687 DAVID A, DENT Golf Pro Payable 1973.18; 79688 GOSHEN CO DISTRICT COURT CLERK payroll withholding 100.00;79689 GREAT-WEST TRUST CO LLC payroll withholding 2240.00;79690 MONTANA CSSD SDU payroll withholding 205.55;79691 MOUNTAIN WEST TECHNOLOGIES CORP TVFD internet service 101.00;79692 MUNICIPAL ENERGY AGENCY OF NE wholesale power 485037.29;79693 NEW YORK LIFE payroll withholding 257.00;79694 PLATTE CO payroll withholding 399.96;79695 TRAVELERS INDEMNITY CO commercial insurance 79182.75;79696 VYVE BROADBAND fiber internet,data lines 1832.20;79697 ACCUSCREEN MOBILE DRUG TESTING SERVICES dot random testing 75.00;79698 ACTION COMMUNICATIONS INC. new radio installs 1093.46;79699 ADVANCED POOLS & SPAS INC. 15% down payment on pool/baby pool remodel 49995.00;79700 AMAZON CAPITAL SERVICES rubber training knife,battery/radio,angle grinder,dog waste bag refills 195.89;79701 B & B REPORTING INC. background checks 242.75;79702 BARNES LAW LLC Court Appointed Attorney 300.00;79703 BARRY IVEN FREEL deposit refund 154.23;79704 BELL PARK TOWERS deposit refund 11.71;79705 BOUND TREE MEDICAL ambulance supplies 67.08;79706 BROWN CO fuel pump 11.99;79707 CASELLE INC. contract support & maint 2158.00;79708 CENTURY LUMBER CENTER dwv sanitary tees,dwv pipes,nylon reducing,reducing hex,elbows,tees,return,caulk,shingles, hose clamps,green pad,connector,wasp/hornet spray,inkzall marker,frame gun,hem firs,shelf bracket, cordless hard surface sweeper,c-clamp vise grip,spray paint,fasteners,bushings,adapters,remnant hose, pve pipe,safety glasses 795.79;79709 CHARISMA 369 LLC re-issue deposit refund check-original not received 115.75;79710 CITY OF TORRINGTON C/O FIRST STATE BANK optional sales tax 117664.53;79711 CITY SERVICE VALCON Phillips 66 terminal maint fee 30.00;79712 CLARKE MOSQUITO CONTROL PRODUCTS lg flush tank & cap 249.98;79713 COMPUTERSHARE TRUST CO CWMEPS bond/interest payment 17644.93;79714 COMPUTERSHARE TRUST CO NA trustee fee 3500.00;79715 CONNECTING POINT copier all-inclusive service contracts 470.55;79716 CONTRACTORS MATERIALS INC. cargo pants, poly straps,cement edger,aircraft cable 1411.90;79717 CUES INC. cable adapters,cable assembly 731.40; 79718 CULLIGAN WATER CONDITIONING OF TORRINGTON dispenser rentals,cone cups,water 156.30; 79719 DBC IRRIGATION SUPPLY commercial valves,pvc pipe,couplings,tees,bushings 259.36;79720 DBT TRANSPORTATION SERVICES LLC quarterly navaids maint 1120.75;79721 DESERT MOUNTAIN CORP roadsaver 14261.80;79722 DIVERSIFIED SERVICES INC. cleaning services 585.00;79723 ELK ECO-CYCLE dumpster picked up 30.00;79724 ENERGY LABORATORIES INC. lab testing 427.00;79725 ENVIRO SERVICES INC. lab analysis 259.00;79726 ESSENTIAL FUEL LLC car wash 8.52;79727 FASTENAL CO batteries,window cleaner 41.27;79728 FLOYD'S TRUCK CENTER INC. brake/shoe kit,drum (value balance) 203.90;79729 G & L CONCRETE concrete 1297.25;79730 GARY D. HUNTER body repairs/patrol car damage 4330.30;79731 GORDON PETERSON deposit refund 13.89;79732 GOSHEN CO ECONOMIC monthly contribution 2500.00;79733 GOSHEN CO ECONOMIC ¼ cent sales tax 29416.78;79734 GOSHEN CO TREASURER IT MOU support 83517.50;79735 GREATAMERICA FINANCIAL SERVICES CORP copier leases 356.00;79736 HEALING CONNECTIONS MENTAL HLTH THERAPY individual sessions 200.00;79737 IDEAL LINEN/BLUFFS FACILITY SOLUTION mats,scrapers,sam dust/energy fees,garments,sam garment fees,sam linen,coveralls,mops,towels,disinfectant,hand cleaner,toilet paper,paper towels 975.22;79738 JAMES A. EDDINGTON PC City Attorney,extended hours 10026.92;79739 JAMES AND MARIAH MCNULTY deposit refund 225.78;79740 JOHN B. PATRICK Municipal Court Judge 2000.00;79741 KATH Page | 3 BROADCASTING CO LLC tower rent,City Council meetings 475.00;79742 KAUFMAN GLASS LLC windshield installation 300.00;79743 KNOW HOW INC. jumper cables,tensioner assembly,serpentine belt,drain plugs,fuel pump assembly,batteries,core deposits,lamp,vehicle speed sensor,engine degreaser, silentguard kit,brake rotor,brake pads,disc pad,filters,hose,expansion plug,exactfit beam,clamps,jam nut,hi temp RTV,muffler cement,oil,napa earl 80W90,double lip S,oil seals 2370.62;79744 LARRY & DEBORAH FRITZLER pump septic tank 253.00;79745 LEGACY COOPERATIVE empty gallon water jug,ruby dyed diesel,propane,unleaded gas,dyed diesel 12729.53;79746 LELAND COURTNEY deposit refund 114.43;79747 LS ENTERPRISES LLC clean lift station 637.50;79748 METAL SHOP AND REPAIR LLC flat iron 42.50;79749 MICHAEL A. RICHEY air fuel 354.99;79750 MICHAEL A. RICHEY Airport Operator Contract 1666.66;79751 MICHELE BROWN re-issue deposit refund check-original not received 54.78;79752 MOOREHOUSE INC. couplers,tees,bushings,pvc pipe 115.00;79753 MOTOROLA SOLUTIONS INC. dispatch 911 service contract 10031.44;79754 MUNICIPAL ENERGY AGENCY OF NE wholesale power 433263.20; 79755 NEWMAN SIGNS INC. traffic signs 876.02;79756 NICOLETTI-FLATER ASSOCIATES pre-employment evaluation 250.00;79757 NORTHWEST PIPE FITTINGS INC. curb box archs,electric water heater 1464.47; 79758 OFFICE OF EMERGENCY MEDICAL SERVICES annual license fee 20.00;79759 OLD GLORY ENGINEERING LLC engineers analysis of cost,grant writing assistance 3650.00;79760 OLSON TIRE CO towing fees,tires,tire repairs,turf saver,atv stem 437.40;79761 ONE CALL OF WY tickets for CDC code TRG 116.25;79762 PANHANDLE CONCRETE PRODUCTS INC. manhole riser & cone,ring & cover,joint seal 2126.00;79763 PINNACLE BANK travel expenses-lodging/meals/fuel,drywall screw gun,facecap assembly,refund for sales tax,subscription renewal,r19 insulation,tape,folders,coffee,trash bags,air fresheners,paper plates,spoons,dish soap,copy paper,Christmas lights,flags 4599.29;79764 POMP'S TIRE SERVICE tire repairs,tires 535.44;79765 PORT-A-POTS BY TDS INC. standard pots 262.54;79766 PRINT EXPRESS INC. name plates,ups 359.71;79767 PRINT EXPRESS INC. envelopes,court receipts 484.94;79768 PRO QUALITY PEST CONTROL rodent control 90.00;79769 RAILROAD MANAGEMENT CO license fee 146.41;79770 SIMPLIFY COMPLIANCE LLC BLR training today professional 3153.00;79771 SNOW CREST CHEMICALS LLC bromicide tablets,hot water closed loop contract 1115.28;79772 STRYKER SALES LLC smart battery pack 563.11;79773 TORRINGTON OFFICE SUPPLY return,ink roller,laminated tape cartridge,ink/toner cartridges,copy paper,chairmat,certificate frames,post it flags,paper cone cups, stacking wall pockets,rulers,magniview,post it notes,toilet paper,counterfeit detector pen 1128.30; 79774 TORRINGTON ROTARY CLUB dues,int'l&district/local,youth program,paul harris fund,meetings 280.00;79775 TORRINGTON SOD FARMS kentucky blue grass 125.00;79776 TORRINGTON TELEGRAM legals 2949.22;79777 TRI-STATE GARAGE DOORS garage door repairs 935.55;79778 U S POSTMASTER credit for postage 1250.00;79779 U S POSTMASTER PO Box annual rent 154.00;79780 VALLEY MOTOR SUPPLY filters,brake clean,shop towels,towel canister,patch,abs wheel speed sensor,wiper blades,fuel cap,freeze plug,interior door handle,hyd accessories 668.04;79781 VALLEY PUMP & SUPPLY service pump/control box-well system 315.00;79782 VEOLIA WTS USA INC. monthly chemical management 7769.04;79783 WAMCO LAB INC. dmrqa study,chronic toxicity test 380.00;79784 WAM-WCCA museum improvements installment 650.00;79785 WESTCO contract unleaded 7771.88;79786 WESTERN UNITED ELECTRIC SUPPLY pole set kits 1466.16;79787 WY BANK & TRUST lease purchase payment 26495.88; 79788 WY MACHINERY CO hose assemblies,gaskets,nuts,gasket-manifold,studs,lube filter,filter assembly,bolts 599.12;79789 WYRULEC CO Landfill Electric 156.26 Page | 4