MINUTES OF THE REGULAR COUNCIL MEETING
TOWN OF LUSK
SEPTEMBER 1, 2020 5:00 P.M.
The Town of Lusk held a public comment meeting for the request for a zoning change by Joseph Bleming, 727 S. Linn Street, Lusk, WY on Lot 13 in Block 49, Lusk Townsite Company Fifth Addition to the Town of Lusk, Niobrara County, Wyoming, Purpose – Disabled Vehicle Storage and Impound Yard. Mr. Bleming is requesting to change the zoning from Residential to Limited Industrial or Industrial. Mayor Lytle stated that the Town received eleven (11) letters from citizens stating that they were NOT in favor of the zoning change. There were six (6) letters sent certified mail to persons that were 140’ from the property and the Town received a 50% negative response. Approximately ten (10) citizens attended the meeting. Mayor Lytle asked if there was any response on the zoning change. Mr. Hineman stated that if you live around an area where cars are put in, one thing you are guaranteed is mice, feral cats, and skunks. Ms. Stewart ask if the zoning is not done what will he be able to tow on that lot? Mayor Lytle stated, according to City Ordinance you are allowed two vehicles on your property that are unlicensed and disabled. For business purposes he can’t tow them to that property, because it is zoned residential. Mr. Allen responded that Mr. Bleming has towed a couple of vehicles to the lot in the past, and how many does he get to have in there before it is not okay. Mayor Lytle said from the Town’s stand point we would have to get ahold of law enforcement and they would watch for that. If he starts towing them in there, he can be fined for not following zoning codes. Mayor Lytle stated that it comes down to Council decision, but they will listen to public comment and he has not heard one positive comment on it. From Mayor Lytle’s stand point the Council needs to listen to public comment. The Council will be voting on this later in the meeting. Mr. Garner asked if the City has a separate impound area? At this point the Town does not have an impound, we share one with the County by the County shop. Mr. Garner does not see why the Town needs another impound area. Mr. Hytrek stated that the Town does such a great job cleaning up the Town, he would hate to see the Town have to clean up another mess. Council Member Dooper said that Mr. Bleming approached the Council on the zoning change and the Council was going through the correct process. There was no further public comment, so the meeting ended.
The Town Council of the Town of Lusk met in regular session at 5:10 p.m. in the Council Chambers of Town Hall on Tuesday September 1, 2020.
Council Members Present: Mayor Doug Lytle, Council Members Becky Blackburn, Calvin Carstensen, Tom Dooper, and Dean Nelson
Also Present: Linda Frye, Clerk/Treasurer
Cassandra Matney, Deputy Clerk
Kimberly Harris, Utility Billing Clerk
Todd Skrukrud, Director of Public Works
Dennis Meier, Town Attorney
Chief of Police Bo Krein
Doug Jergenson, Animal Control
James Santistevan, Cemetery/Parks, Emergency Management
MAYOR LYTLE called the meeting to order.
Mayor Lytle led everyone in the Pledge of Allegiance.
COUNCIL MEMBER BLACKBURN MOVED, to approve the agenda, second by COUNCIL MEMBER DOOPER. MOTION CARRIED.
VOUCHERS FOR PAYMENT
AFLAC Payroll Deduction $599.78
Allbright’s True Value Supplies/Equipment Repair/Maintenance $2,071.84
ALSCO/American Linen Mat Rental $156.58
Aquaflow Int’l, Inc. Water Supplies & Lines $1,295.95
Applied Concepts, Inc. Police Dept. Radio Repairs $60.00
AVI PC Engineering Infrastructure Engineering Fees $5,831.50
GovOffice LLC Email Office $50.00
BankCard Center Postage/Supplies/Office Support/
Training/ Equipment/Misc. $2,903.33
Body Builders Police Dept. Vehicle Repair $9,042.80
Caselle Inc. Office Support & Maintenance $1,100.00
Century Link Business Long Distance Phone $24.94
City of Torrington Police Dept. New Equipment $750.00
C & H Tire Parks Equipment Repair $172.78
Connecting Point Copier Lease/Lease Overages $407.00
Doyle J. Davies Municipal Judge $1,000.00
Decker’s Food Center Supplies $158.61
Delta Dental Plan Employee Paid Insurance $757.70
Emergency Medical Products Inc Ambulance Supplies $804.08
Great American Financial Svcs. Copier Lease $311.00
Great West Trust Co WRS 457 Plan Deferred $200.00
Hansen Equip. Comp Inc Supplies/New Equipment $585.74
Frank Parts Company Parts/Equipment Repair/Supplies $1,667.03
Hiway Brake & Alignment Ambulance Equipment Repair $145.00
Homax Airport Fuel $1,853.60
Interstate Batteries Equipment & Vehicle Repair $485.80
Jergenson, Doug Monthly Wage Animal Control $900.00
John Deere Financial Golf Course New Equipment $619.37
Meier Building Monthly P.D. Rent $800.00
Black Hills Energy Gas Supply $1,015.34
Krein, Johnny EMT Meal Reimbursement $33.05
Border State Industries Electric Parts & Supplies $626.24
Brown Trucking LLC Parks Playground Equipment $2,399.86
Lacal Snow Removal $1,152.08
Kaela & Brendon Lundstrom Utility Deposit Refund $63.67
Lusk Lodging Tax Board Tax Distribution $4,191.77
Meier Law Office Monthly Retainer $3,000.00
Midland Implement Golf Course Equipment Repair $81.50
Marvin Miller Golf Course Misc./ Benefit $350.00
Nio. Co. Weed & Pest Streets Chemicals $75.50
Niobrara Chamber of Commerce Promotion $187.50
Niobrara County Library Internet Service $250.00
Niobrara County Treasurer Communications Contract $6,301.50
Nio. Electric Assoc. Landfill Utilities $40.82
Northwest Pipe Fittings Water Parts & Supplies $1,228.84
One-Call Ticket Payment $17.25
Whitaker Oil, Inc. Fuel & Oil $4,245.48
Petty Cash Postage/Supplies/Misc./
New Equip/Billing $193.50
Century Link Phones/Internet $1,268.45
RCS, Inc Regulatory Compliance $495.00
R&R Products, Inc. Cemetery Equipment Repair $96.31
Rawhide Drug Co. Supplies & Maintenance $12.98
Russell Industries, Inc. Sewer Equipment Repair $11,315.00
Safety-Kleen Systems Shop Supplies $199.00
Simplot Partners Golf Course Fertilizer $447.00
Strategic Solutions LLC Police Dept. Training $2,500.00
TDS Trash Collection Tipping Fees $637.33
307 Ammunition LLC Police Dept. Ammunition $1,890.00
Torrington Office Supply Supplies $483.71
Uline Recycling Supplies $488.65
Underground Enterprises Transfer Station Hauling Fee $1,500.00
Valley Motor Supply Supplies/Vehicle Parts& Repairs $197.93
Visionary Communications Fire Dept. Internet/Ambulance Internet $196.89
Verizon Wireless PD, Ambulance & Mayor Cell Phone $447.11
W.E.B.T. Employee Life Insurance $71.00
W.M.P.A. Electrical Power Purchase $122,086.91
Warne Chemical Golf Course Equipment $38.11
Westco Golf Course Fuel & Oil $843.61
Western Medical Management Ambulance Billing/Access Fee $310.76
Wyoming Dept. of Revenue Assessment Payment $188.90
Wyoming Retirement Government Contribution $15,613.23
Wyoming Dept. of Workforce Services Employee Worker’s Compensation $2,321.03
Total Vouchers $224,189.25
COUNCIL MEMBER NELSON MOVED, to approve the list of vouchers as presented, SECOND BY COUNCIL MEMBER CARSTENSEN. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, COUNCIL MEMBER NELSON SECOND, to approve the Treasurer’s report that includes the financial condition and manual checks. MOTION CARRIED. The Treasurer’s report will be filed for audit.
COUNCIL MEMBER CARSTENSEN MOVED, COUNCIL MEMBER DOOPER SECOND, to approve the minutes of the Regular Council Meeting held August 4, 2020. MOTION CARRIED.
Chief Krein gave information on the incidents for the month of August. The persons that vandalized Washington Park have been caught and have been through the court system. There is now a security camera system in Washington Park. Council Member Nelson asked how Officer Loki is doing. Chief Krein stated that he is doing very well and have received calls from Wyoming Highway Patrol for assistance. The School Resource Officer has been busy with the start of school.
James Santistevan stated that they are going to be putting cameras at Northside Park. The Emergency Management had a THIRA meeting on the 16th of August and the report needs to be submitted the first of October.
Linda Frye informed the Council that Lorraine Werner from USDA will be in Lusk for a meeting on September 11th, at 10:00 a.m. with other USDA employees and Beth Blackwell from SLIB. Meeting dates have been setup to get information out to the Public on 1% Specific Purpose Tax. They are Wednesday September 9th at 6:00 p.m. at the Fairgrounds, Tuesday September 22nd, at 6:00 p.m. at the Fairgrounds, Wednesday October 7th at 6:00 p.m. at the Fairgrounds, and Wednesday October 21st at 6:00 p.m. at the Fairgrounds. Bruce Perryman, AVI Engineer will be attending and the County, Manville and Van Tassell have been emailed the dates.
Todd Skrukrud gave information on the Electric boxes and transformers that were set on the east project and the hill. The Pool will close on September 3rd and will be drained on Friday. Todd has been working with Roger Peterson on pouring concrete around Town. The project at the airport for the Hanger building has the footers poured and is moving along. The Streets department is working on getting the streets repaired in the area of the hospital. John Eddy and Rory Norberg were at a Wastewater Conference all last week and are working toward their licensing. Two properties in Town were cleaned up, the Knittle and Ford Hill Street properties and a bill has been given to the police department for collecting. The Town will also be trimming some trees on Main Street.
Mayor Lytle read Ordinance No. 6-20-100, An Ordinance Prohibiting Metal Detecting and Digging or Probing the Ground on Public Property within the Town of Lusk, Wyoming. This changed from the first reading, as the Council wanted the permitting left out. COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER DOOPER, to approve Ordinance No. 6-20-100 on second reading. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve Ordinance No. 8-15-150, An Ordinance Amending Existing Ordinance No. 8-15-150, Deleting the Words “Dispensing Room” and “Brewing Area” and Inserting the Words “Any Area of the Licensed Building Where Alcohol is Served and/or Consumed”, on second reading. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve Ordinance No. 9-10-100, An Ordinance Amending Existing Ordinance No. 9-10-100 Forbidding Livestock within the Town of Lusk, Wyoming Without a Permit. Included in the listing, “Hived Bees” within the listing of livestock for which a permit is required, and to include registering “hived bees” with the Wyoming Department of Agriculture as a condition to receiving a permit, on second reading. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve the zoning change requested by Joseph Bleming from General Residential to Limited Industrial or Industrial. Mayor Lytle comment that the Town received 11 letters and all of them were negative. Mayor Lytle, Council Members Nelson, Blackburn, Carstensen and Dooper voted nay. MOTION FAILED.
Matt Larsen CEO Vistabeam was present for a property purchase. Mayor Lytle requested that this item be moved to executive session. Mr. Larsen stated that he agrees to executive session.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve Resolution No. 20-14, A Resolution Clarifying and Officially Designating the Name of that Certain Street Known Variously as “Bel Air Avenue,” “Ballengee Avenue,” “Ballencee Avenue,” “Ballangee Avenue,” and “Ballancee Avenue” on Various Maps and Plats of the Town of Lusk, Wyoming to be Henceforth Known as “Ballancee Avenue;” and Directing the County Clerk and Officio Register of Deeds in and for Niobrara County, Wyoming to Note Said Official Street Name on all Applicable Plat Maps of Record for the Town of Lusk, Wyoming. MOTION CARRIED.
Wyoming Community Gas is giving the Town, Community Project Designations money in the amount of $5,540.62. Mayor Lytle informed the group that former Mayor Patricia Smith gave a generous donation in the amount of $15,000 for a picnic shelter in Washington Park. COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to put the Wyoming Community Gas money toward the building of the picnic shelter for Washington Park. MOTION CARRIED.
COUNCIL MEMBER NELSON MOVED, SECOND BY COUNCIL MEMBER BLACKBURN to approve the 2020 Addendum Joint Agreement ESRI Regional Government Enterprise License Agreement and the Financial Agreement with Niobrara County. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve the livestock permit renewals for Chris Trudeau, R. Dean Nelson, and Ty Thompson. Council Member Dean Nelson abstained. MOTION CARRIED.
COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER NELSON, to remove Cassandra Matney from the bank accounts and add Kimberly Harris. The accounts are as follows:
• Lusk State Bank Accounts – Checking 632-295, Utility Endowment 632-300, Ambulance Endowment 632-310, CD #5164, CD #4440, ICS Transfer Account
• Bank of the West – Perpetual Care CD #835-000-851478, Meter Deposit CD #835-000-851486
• WGIF – General Fund #17735, Rainy Day Fund #26094, Capital Improvement #27270
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER NELSON, to move into Executive Session at 5:35 p.m. for personnel and property matters. MOTION CARRIED.
The Council reconvened into regular session at 6:25 p.m.
COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve to sell lot #9 in the Lusk Business Park for the price of $25,000.00 to Vistabeam. This sale is contingent on the public meeting on September 24th at 5:00 p.m. MOTION CARRIED.
Mayor Lytle thanked Cass for her time with the Town. Her last day will be September 11th and we appreciate everything she has done.
COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER NELSON, to have Attorney Meier draw up the Animal Control contract and pay Mr. Jergenson $1,400.00 per month under the terms discussed in executive session.
The next regular Council meeting will be Tuesday October 6, 2020 at 5:00 p.m.
There being no further business to come before the Council, the meeting was adjourned
at 6:30 p.m.
Douglas E. Lytle, Mayor
Linda M. Frye, Clerk/Treasurer
Public Notice No. 5505. Published in The Lusk Herald on September 9, 2020.