Cheyenne City Council Regular Meeting - March 27, 2023

The Cheyenne City Council met on March 27, 2023, at 6:00 p.m. in Council Chambers. The agenda included annexations, zoning changes, a marijuana decriminalization ordinance, financial resolutions, and multiple contracts. Key votes included approval of two annexations, adoption of a resolution to discharge uncollectible debts, and passage of a prescription drug program, while the marijuana ordinance failed and a lease with Meals on Wheels died for lack of a second.

Consent Calendar

• Approved the consent agenda (with item 19D removed for separate discussion), including: minutes of March 13, 2023; resolutions prioritizing downtown 6th Penny Tax projects, adopting a Fund Balance Policy (referred to Finance), supporting The Children’s Museum of Cheyenne (referred), adopting the Wyoming Region 7 Hazard Mitigation Plan (referred), and authorizing participation in national opioid settlements (referred); sponsorship agreement with HollyFrontier; umpires association agreement; right-of-way license with Bent 15, LLC; professional services for gymnastics facility ($293,844) – removed; easement with Visionary Communications; lease with Meals on Wheels – removed; business associate agreement for behavioral health co-response; public defender contract; MOU with Church of St. Mary for Olivet Cemetery; development agreement with Whitney Ranch; contract modification for Whitney Ranch; bids for litter fences ($79,000), refuse carts ($282,845), fire engine ($428,000); referrals for Pioneer Park shelter, vegetation management, and liquor license relocation.

Public Comments & Testimony

• Marijuana ordinance: Ben Hornock (State Representative, District 42) argued the city cannot override state and federal law and that the ordinance creates an unlawful special class of citizen. Max Esdale supported removing municipal prohibitions, citing cost savings and popular will. Rhea Parsons (Wyoming Association of Sheriffs and Chiefs of Police) provided educational materials and cautioned that marijuana remains illegal at state and federal levels. Matt Freeman opposed, stating the city is circumventing the rule of law and that petition drives have failed. AJ Gold changed his earlier support to opposition, urging state-level action. Kathleen Peterson supported the change, suggesting an additional warning box on citations. Arnold Strayer (former deputy sheriff) opposed, citing concerns about gateway drugs and drug dog retirement costs.
• Annexation (west of Southwest Drive): Ben Hornock objected to the annexation, claiming property owners within a half-mile of the new boundary were not notified. The city attorney and planning director argued that the city had not exercised extraterritorial jurisdiction and that notice requirements were met.
• Other business: Joan Franklin commented on the animal shelter crisis, emphasizing the need for better contract documentation and crisis communication.

Discussion Items

• Annexations & Zoning:
  • Ordinance #6 (3rd reading): Annexation of Sunny Side Addition tracts – approved unanimously (9-0).
  • Ordinance #7 (3rd reading): Zoning map amendment to MUB and CB for the same area – approved unanimously.
  • Ordinance #8 (2nd reading): Annexation of land west of Southwest Drive – approved after discussion; applicant needed sewer repair and planned a pole barn.
  • Ordinance #9 (2nd reading): Zoning change to LR Low-Density Residential for that property – approved.
• Marijuana Decriminalization (Ordinance #10): Motion to approve on second reading failed 2-6. Councilmembers expressed concerns about creating a special class, potential for increased burdens on district court, and the need for state-level action.
• Discharge of Uncollectible Debts (Resolution #11): Authorized the city treasurer to discharge $67,129.52 in housing loan debts from the 1980s–1990s. Adopted 7-2, with Dr. Rennie and Dr. Aldridge opposed on principle.
• Prescription Drug Program (Resolution #14): Authorized Paydhealth LLC to provide case management for specialty drugs, projected to save the city $500,000 per year. Adopted 7-2 (Mr. Escobel and Mr. Cook opposed; Mr. Johnson conflicted).
• Gymnastics Facility Design (Item 19D): Professional services agreement with TDSi for $293,844. Approved 8-1 (Dr. Rennie opposed, citing mileage rate markup and 10% expense fee; the design firm clarified those charges do not apply to in-town projects).
• Meals on Wheels Lease (Item 19F): The mayor stated that the Cheyenne Animal Shelter board had agreed to negotiate a new three-year contract, making the lease unnecessary. He recommended the council vote it down. The motion to approve failed for lack of a second.

Key Outcomes

• Ordinance passes: Annexation and zoning changes for Sunny Side Addition (3rd reading) and for land west of Southwest Drive (2nd reading).
• Marijuana decriminalization defeated: Motion to repeal municipal marijuana prohibitions failed (2 yes, 6 no).
• Debt discharge approved: $67,129.52 in uncollectible housing loans will be written off (7-2).
• Paydhealth program adopted: 7-2, with one abstention.
• Gymnastics design contract approved: $293,844 to TDSi (8-1).
• Meals on Wheels lease not pursued: Motion died without a second.
• Appointments: Elizabeth Haigler to Housing and Community Development Advisory Council and Mackenzie Howard to Community Action of Laramie County Board of Directors approved unanimously.
• Public hearings announced: April 10, 2023, for Ace’s Range liquor license, The Blue Stem Wine House winery permit, and annexation compliance for 5224 Ridge Road.