UNAPPROVED - RECORD OF PROCEEDINGS FOR THE GOVERNING BODY OF THE TOWN OF WHEATLAND A regular meeting of the Council for the Town of Wheatland, Platte County, and State of Wyoming was held on Monday, September 14, 2020 pursuant to the law. Mayor Graves called the meeting to order at 7:00 p.m. The following were present at roll call: Councilmen Madsen, Ashenhurst, Schindler and Britz by phone. Clerk/Treasurer Candy Wright and Attorney Doug Weaver were also present. Mayor Graves presented the agenda with the addition of an Executive Session. Councilman Madsen motioned, seconded by Councilman Schindler, to accept the agenda as amended. Motion passed 4-0. Councilman Madsen motioned, seconded by Councilman Schindler, to accept the consent agenda as presented and to place it on file. Motion passed 4-0.
September vouchers approved by Council are as follows: 4 Rivers Equipment, 574.66, parts, Absolute Solutions, 260.00, parts, Alsco, 92.99, mat rentals, Altec Inc, 8,212.84, repairs to digger truck, Amazon.com, 229.18, supplies, Amped Electrical Solutions LLC, 334.55, light, Andrew Starr Snap On Tools, 5,075.00, pro link edge starter kit, APT US&C, 35.00, webinar, Asencio, Caden, 50.00, overpayment, Ashenhurst, Thane, 150.00, Town Council, Atlas Office Products Inc, 658.16, office supplies, Black Hills Energy, 800.17, utility, Bloedorn Lumber, 648.24, supplies, Blue Tarp Financial, 296.97, supplies/materials, Bomgaars, 1,657.29, safety, Border States Electric, 279.75, electric supplies, Graves, Brandon, 750.00, Town Council, Britz, William, 150.00, Town Council, Capital Business Systems Inc, 692.57, copier, Capital Business Systems Inc, 29.00, shop printer, Caselle, 19,790.00, annual support, Centurylink, 197.44, phones, City of Torrington, 9,404.80, sanitation disposal, CRA Payment Center, 496.86, parts/supplies, CRA Payment Center, 4.58, parts, Crowe, Dean, 136.38, safety, Crystal Ice, 100.00, ice, Dana Kepner, 3,422.16, parts/supplies, DuVall, Clyde, 68.73, safety, Elite K-9, 1,047.90, supplies, Energy labs, 522.00, sewer test, Engineering Assoc, 8,335.19, engineering wells, Fat Boys Tire, 192.00, repair, Ferguson Waterworks, 9,581.33, Sensus Software, Fired-Up, supplies, First Bankcard, 2,163.98, office supplies, Google, postage, schools, First State Bank, 50,000.00, health claims, Floyd’s, 404.67, parts, Frenchman Valley, 489.72, propane, Fusion Cloud, 598.59, phones, Galls, 282.94, radio holder, Govt Forms & Supplies, 240.11, forms/checks, H & H Concrete, 318.00, sidewalk repair, H & H Electric, 913.66, wells, Hawkins Inc, 3,247.21, supplies, Heimsoth, Travis, 750.00, electrical inspector, Herdt, Ruth, 200.00, office cleaning, Horton Fuels, 7,042.80, fuel, Ideal, 97.52, coveralls, Industrial Chem Labs, 199.80, monument cleaner, Intermedia.net, 690.49, phone, John Deere Financial, 422.55, supplies, Keyhole Land, 225.18, overpayment, KYCN Radio, 200.00, advertising, Lambert, Michale, 200.00, clean shop, Laramie Peak Motors, 48.72, parts, Laramie Peak Vet, 91.07, services, Lawson Products, 85.85, parts, Lingo Communications, 298.57, phone, Locke Trucking, 116.93, supplies, Long’s Tree Spraying, 4,250.00, tree spraying, Madsen, Alan, 150.00, Town Council, Marks Plumbing Parts, 376.81, supplies, McElmurry, Jeanie, 325.00, cleaning, Meritain Health, 60,544.48, health premiums, Mid-American Research Chemical, 130.19, cleaning supplies, Morgan, Devonna, 63.60, safety, Mountain States Lighting, 498.54, parts/supplies, NORCO, Inc, 136.25, parts/supplies, North Platte Septic, 300.00, septic tank pumping, One Call of Wy, 51.75, 69 tickets, One Stop Safety, 690.00, drug tests/safety, Partsmaster, 2,384.86, supplies/tools, Peterbuilt of WY, 3,829.77, parts, Pitney Bowes Global, 218.85, postage machine, Platte County, 2,004.81, 2020 primary election fees, Platte County, 57,242.74, taxes, Platte County Asphalt, 7,866.80, patching/and asphalt, Postmaster, 628.30, postage/envelopes, Quill Corp, 523.38, supplies, Record Times, 299.52, groundwater ad, Record Times, 522.76, advertisement, Salt City Sales, 439.28, supplies, Schindler, Jamie, 150.00, Town Council, Seton Identification, 399.22, spill containment, Southeast WY Weed Control, 29,794.52,weed control, Sparkletts &Sierra Springs, 151.31, water cooler rental, State Chemical Solutions, 142.15, supplies, State of WY, 19,386.29, sales tax utility, Stevenson, Terry, 200.00, Emergency Management, Stone Welding, 422.86, steel for truck repair, Streets, Mark, 500.00, fire inspector, Superior Contracting, 3,696.00, trash hauling, T.C. Ewards, 114.22, service, TDS Collections, 3,667.20, C&D roll-off, Terminix, 637.00, pest control, The Tire Shop, 45.00, repair, Thrifty Foods, 370.67, supplies, Trihydro Corporation, 95.81, landfill monitoring, Valli Information Systems, 1,751.43, billing, Verizon Wireless, 546.20, cell phones, Watchguard Video, 1,492.96, body cams, Waterous Co, 227.00, screen intake 6 zinc fire, Wesco Receivables, 3,281.18, electric supplies, Western United Elect Supply, 18.96, electric supplies, Wheatland Automotive, 1,307.93, Automotive Parts, Wheatland Automotive, 1,944.82, supplies, Wheatland Car Wash, 264.00,3 5 gal bucket car wash soap, Wheatland Co-op, 47.99, dog food, Wheatland Fire Dept Foundation, 445.21, Chiefs Assoc/banner/schooling, Wheatland R.E.A., 9,134.77, electric purchased, Wyologic, 2,222.75, it/website/monitor, WY Machinery Co, 655.78, parts, WY Municipal Power, 305,852.17, power bill, WY Retirement System, 431.25, firemen’s retirement, WY Wireless Internet, 75.00, internet, WY Wireless Internet, 75.00, internet, WY Workers Compensation, 186.54, firemen workers comp, WY.com, 20.00, web hosting, SPET: Border States, 640.67, electric poles, Payroll $166,047.16 Total $844,122.75. UNFINISHED BUSINESS: Representatives from the Wheatland Historic Preservation Commission and the State Historic Preservation Office were present to update the Council and answer questions on the proposed Wheatland Downtown Historic District. Councilman Britz motioned, seconded by Councilman Ashenhurst, to approve Ordinance 827 on third and final reading. Motion passed 4-0. An Ordinance Amending Wheatland Municipal Code (WMC) 15.05.010(c), 17.05.110(d), 17.05.150(g), 18.05.090(a), 18.05.100, 18.80.020(b), 18.85 General Provisions, and 18.95.010 to Reform Sections and Eliminate or Revise Obsolete Provisions - WHEREAS numerous amendments to the code have resulted in sections of the code that are somewhat disjointed and difficult to read; and
WHEREAS the Planning and Zoning Commission in conjunction with the Board of Adjustment held two public workshops and a public hearing in regard to these proposed code updates; and WHEREAS the Town of Wheatland has the ability to receive and storage capacity to retain electronic files. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF WHEATLAND, WYOMING, as follows: Section 15.05.010 (c) is hereby amended to read as follows: All permit fees are those fees set forth in the Wheatland Building Permit Fee Schedule. Section 17.05.090 (a) is hereby amended to include: If applicable; approval for the proposed subdivision from the Wheatland Irrigation District (WID) on a form adopted by the WID regarding attached irrigation rights. Section 17.05.110 (d) is hereby amended to include: If the proposed subdivision is within the boundaries of the Wheatland Irrigation District (WID) and the subdivider is not detaching the WID’s water rights, the plat must show the following: Location of all irrigation rights; How the irrigation is delivered from the source to the proposed subdivision (means of conveyance); How much of each irrigation right is to remain appurtenant to each subdivision lot. Section 17.05.150 (g) is hereby amended to read as follows: Property owners of record within 140 feet, excluding streets, from the parcel(s) in question shall be sent a copy of the application, by certified mail at the expense of the applicant, at least 10 days prior to the council meeting when the application will be considered. Section 18.05.090 (a) is hereby amended to read as follows: There is hereby established the position of Building Inspector, whose duties shall be to enforce Titles 5, 8, 12, 15, 17, and 18 of the Wheatland Municipal Code; provided that enforcing activities herein permitted and directed shall not prevent or abolish the rights of other persons and officials to enforce these titles as is now or as it hereafter may be provided by statute. Section 18.05.100 Enforcement, Violations and Penalty is hereby added to read as follows: Section 18.05.100 Enforcement, Violations and Penalty - Enforcement: The Building Inspector will monitor, process, and enforce Titles 5, 8, 12, 15, 17, and 18 of the Wheatland Municipal Code. The Planning and Zoning Officer will monitor, process, and enforce the Wheatland Development Code of the Wheatland Town Code. Violation and Penalty: The owner agent of a building or premises in or upon which a violation of any provision has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, or any other person who knowingly commits, takes part or assists in any violation or who keeps/maintains any building or premises in or upon which violation has been committed or shall exist, shall be punished by a fine of not less than one hundred dollars ($100.00) no more than seven hundred and fifty dollars ($750.00) for each and every day that such violation continues after notification by certified mail or personal service of the violation. When any structure is erected, constructed, altered, converted or maintained/kept, or any structure or land is used in violation of the Wheatland Municipal Code, the Town Council, in addition to the above remedies may institute legal action seeking injunctions, or other appropriate relief to prevent such unlawful activities or to correct or abate such violation or to prevent the occupancy of said building, structure or land.
Section 18.80.020 (b) is hereby amended to read as follows: All advertising devices as defined by the Wheatland Municipal Code are signs. Any sign shall, by definition, be a structure. A sign building permit must be obtained before any sign is displayed; except those exempt signs described in the Wheatland Municipal Code Section 18.80.030. No signs shall be erected or maintained/kept in any zoning district unless it is in compliance with the town’s development code and any other codes or ordinances adopted by the town. The planning commission shall review and approve or disapprove all sign building permit applications. At the discretion of the planning commission, the base for freestanding signs over six feet in height must be designed by a Wyoming-licensed professional engineer. All signs shall be constructed in compliance with the building codes and shall be constructed in such a manner and of such material that they shall be safe and substantial. Scale drawings of the sign and manner of supports shall be furnished to the building inspector in the application for a sign building permit. Chapter 18.85 is hereby amended to read as follows: Chapter 18.85 General Provisions 18.85.010 Special Use Permit A special use permit is required to allow uses not specifically allowed in a land use district. Special use permits shall not be transferable unless specifically documented in the permit. Complaints regarding special use permits will not be cause for revocation of a permit unless reference to violation of the permit conditions, state statute, or law. Special use permits may be required in addition to other applications as noted within the code. In considering a petition for a special use permit, compatibility shall be determined on the basis of neighborhood character, parking needs, town infrastructure, sign requirements, and traffic congestion possibilities. Permits shall be issued by the planning office within 10 days after planning commission approval. 18.85.020 Annexations and De-annexations All petitions for annexation or de-annexation shall be initiated by filing an application with the Planning Office; the recommendation of the planning commission shall be transmitted to the Town Council prior to the council action. The applicant shall be responsible for compliance with applicable state statutes regarding annexations and de-annexations. 18.85.030 Land Use District Change All petitions for a land use district change (rezone) shall be initiated by filing an application with the Planning Office; the recommendation of the planning commission shall be transmitted to the Town Council prior to the council action. In considering a petition for a land use district change, compatibility shall be determined on the basis of neighborhood character, parking needs, town infrastructure, sign requirements, and traffic congestion possibilities. 18.85.040 Replat, Boundary Adjustments, and Vacations
All petitions to make changes to platted subdivisions, record of surveys, platted lot lines, easements, and/or rights-of-way shall be initiated by filing an application with the Planning Office; the recommendation of the planning commission shall be transmitted to the Town Council prior to the council action. 18.85.050 Optional pre-application filing meeting Prior to filing for a permit, the developer may submit to the planning office a conceptual plan or declaration of intent. This does not require a formal filing nor fee, nor does it require planning commission review. The planning office shall discuss the plans with the applicant or representative, and shall recommend any possible changes, refer other public services, and provide aid in complying with these procedures. 18.85.060 Public Notice - After a completed application has been received by the Planning Office; at the expense of the applicant, a certified letter with notice of the application to be sent to property owners of record within 140 feet, excluding streets, of the parcel in question at least 10 days prior to the hearing. The applicant shall cause the filing and description of the area to be published in the official newspaper at least 15 days prior to the hearing of the filing by the planning commission and shall submit the affidavit of publication to the planning office before the scheduled meeting date. For annexations and de-annexations the applicant shall cause the filing and description including a map showing identifiable landmarks and boundaries to be published in the official newspaper no more than ten (10) days after filing. The agenda of the planning commission meetings shall be made available to the news media and public no later than three days prior to the meeting. 18.85.070 Filing procedure – Generally Submission Deadline. The Planning Commission shall hear no requests unless the completed application has been submitted at least 35 days prior to the regularly scheduled meeting date. All reports, documents, and other supplementary materials required by this chapter must be included. Forms. All filings require that the prescribed application form(s) be completed on or before the final submittal date. Forms are available in the planning office. Proof of Ownership. All applications shall contain the signature of each person possessing a fee simple interest in the property. Proof of such legal interest shall be required upon the request of the planning office. Fees. All application and associated fees are those fees set forth in the Wheatland Planning and Zoning Fee Schedule. Hearing Date. All applications which are in full compliance with this section shall be heard by the planning commission at the next regularly scheduled meeting of the commission. Action by Planning Commission. If the planning commission determines that conditions are necessary for the plan submitted, the applicant shall submit a revised plan to the planning office. If the planning office determines the conditions in the plan are fulfilled, the planning office may approve the modifications. If the planning office determines that the conditions have not been fulfilled, the planning commission shall review the revised plan in accordance with these procedures. Required Prints. Draft and/or preliminary plats and plans will be accepted in PDF format. If the applicant chooses to provide paper copies; the planning office may require as many as 12 prints of any plans or plats to be reviewed and may collect additional mailing fees. The planning office will transmit the plats/plans to appropriate federal, state, and local agencies for their review and recommendations. 18.85.080 Filing procedure – Required application information