Cheyenne City Council Meeting - June 26, 2023

The Cheyenne City Council met on June 26, 2023, at 6:00 p.m. in Council Chambers to consider a 35-item agenda including multiple ordinances, resolutions, public hearings, and contracts. The meeting lasted approximately 4 hours and covered topics ranging from zoning and annexations to liquor licenses, a proposed camping ban, and a major rail corridor redesign project. Key votes included approval of a long-term animal shelter contract, passage of a controversial open-container resolution for distilleries (which ultimately failed), and advancement of the Reed Avenue Rail Corridor design.

Consent Calendar

• Approved minutes from the June 12, 2023 regular meeting.
• Approved several routine items on consent, including: resolution authorizing Drinking Water State Revolving Loan amendment (from $3,960,000 to $4,785,000), resolution for open containers of alcoholic liquor in the Downtown Development District for seven dates in 2023 (item 22 removed from consent), a resolution amending the Comprehensive Consolidated Plan, a resolution declaring blight for Jolly Rogers and Expanded Downtown, a resolution authorizing the final plat for Sunrise Hills North Subdivision, a resolution for Christensen Park 2nd Filing replat, a resolution to initiate annexation proceedings for Francis E. Warren Air Force Base, a resolution for a Greenway path grant application, several lease/contract agreements (including LEADS economic development agreement, Sunrise Engineering for 7th Street Drainage, WYDOT MOU for Childs Draw, cooperative agreement for US 30 projects, animal control services agreement, Davis & Cannon legal representation, DHM Design for Reed Avenue Rail Corridor, BNSF preliminary engineering, School Resource Officers MOU, Historic Preservation Board MOU, purchase and sale agreement for Storey Boulevard right-of-way, utility easement agreement), contract modifications for janitorial services, and bids for bunker gear, emergency medical vehicle, Pumphouse Wetlands dredging, and HVAC maintenance.

Public Comments & Testimony

• Public Hearing 6A (Consolidated Plan Amendment): No public comments were offered.
• Public Hearing 6B (Bar & Grill Liquor License for Wyoming Downs OTB14): Tracy Laycock, attorney for Wyoming Downs, spoke in support, stating the location at 1345 Dell Range Boulevard generated over $400,000 in tax revenue for the city in 2022 and that the bar and grill license would allow entertainment to be included in the 60% revenue calculation, increasing tax revenue. The facility would become 21-and-over only, and all staff are TIPS trained.
• Public Hearing on Ordinance 7 (3rd Reading - Amending Alcoholic Liquor License Types): No public comments.
• Public Hearing on Ordinance 8 (2nd Reading - Ethical Obligations): No public comments, but the item was postponed.
• Public Hearing on Ordinance 9 (2nd Reading - National Electrical Code Update): No public comments.
• Public Hearing on Ordinance 10 (2nd Reading - Annexation at Thomas Road and Ridge Road): No public comments.
• Public Hearing on Ordinance 11 (2nd Reading - Zoning for Thomas/Ridge Annexation): No public comments.
• Public Hearing on Ordinance 12 (2nd Reading - Annexation at Rawlins Street and Cleveland Avenue): No public comments.
• Public Hearing on Ordinance 13 (2nd Reading - Zoning for Rawlins/Cleveland Annexation): No public comments.
• Public Hearing on Ordinance 14 (2nd Reading - Zoning AG for Holland Court/Ridge Road Annexation): Rebecca Murchie (3222 Thomas Road) expressed curiosity about why the development company had not requested an alternate zone, but had no objection to the AG designation.
• Public Hearing on Ordinance 15 (2nd Reading - Zone Change at Christensen Park): No public comments.
• Public Hearing on Ordinance 16 (2nd Reading - Unified Development Code Annexation/Zoning Process): Peggy (3231 Smith Place) asked for clarification on the process; reassured that assigned zoning and separate zone change applications are distinct.
• Public Hearing on Ordinance 17 (2nd Reading - Protest Petition Amendments): Jason Stephen (Bedrock Development) spoke in favor of standardizing protest petitions, citing inaccuracies in a previous petition. Amber Reagan (325 Smith Place) expressed concern about the new process being confusing and not citizen-friendly. Rebecca Murchie (3222 Thomas Road) opposed the change, arguing that it would prevent residents from protesting specific uses within a zone. Council members clarified that the protest petition is for the zone itself, not uses.
• Public Hearing on Ordinance 18 (1st Reading - Camping in Public Places): No public comments; item referred to Public Services Committee.
• Public Hearing on Resolution 19 (Ironhorse Water Services): Matt Kaufman (Ironhorse Capital) requested a two-week postponement to finalize a special improvement district assessment. No public opposition.
• Public Hearing on Resolution 21 (BOPU Uncollectible Debts): Brad Bowen (BOPU) explained the write-off of $79,185.43, noting that the bad debt rate is 0.06% of total revenue, well below the national average of 0.6%. Questions from Council about collection efforts and cross-referencing customers. Dr. Aldrich expressed concern about raising rates while customers do not pay.
• Public Hearing on Resolution 22 (Open Containers for Distilleries): No public comments, but extensive council debate. Councilmember Labourne spoke in opposition, arguing it singles out one business (Chronicles Distillery) and lacks control. Councilmember Seagrave echoed that it picks winners and losers and worried about expansion to 365 days. Councilmember White stated he supported malt beverages but not hard liquor. Councilmember Johnson explained the compromise of seven dates after discussions with the distillery owner. Councilmember Roybal supported the resolution, saying adults should be allowed to drink responsibly. Dr. Aldrich noted the distillery can already pull 12 special permits per year. The resolution failed 5-5 (with Mayor Collins not voting, and absent member likely not counted).
• Public Hearing on Agreement 29E (Animal Shelter Services): Brittany Tennant, CEO of the Cheyenne Animal Shelter, described the shelter's extensive services, including pet retention, medical care, low-cost spay/neuter, humane education, and temporary housing for victims of homelessness/domestic violence. She noted that 70% of funding comes from private donors, save rates exceed 90%, and average length of stay dropped from 30 to 7 days. Councilmember Labourne questioned the trap-neuter-return program for feral cats; Tennant said the shelter does not trap but provides services to community trappers. After debate, the agreement was approved with a substitute amendment clarifying language and removing the requirement for a city council member on the board.
• Public Hearing on Resolution 29I (BNSF Preliminary Engineering): No public comments. Councilmember Seagrave expressed frustration about spending $96,410 without assurances of an easement or project completion. Consultants explained the process is needed to gain certainty on scope, schedule, and budget. The resolution passed on a vote with Seagrave opposed.
• Public Hearing on Resolution 29H (Reed Avenue Rail Corridor Design): No public comments. Councilmember Seagrave again voiced concerns about lack of transparency and the $1.28 million cost without guarantees. The resolution passed with Seagrave and Cook opposed.
• Public Hearing on Resolution 29J (School Resource Officers MOU): No public comments. Approved unanimously.
• Public Hearing on Contract Modification 30A (Janitorial Services): No public comments. Councilmember Labourne criticized the quality of janitorial service. Approved with Labourne opposed.
• Public Hearing on Bid 31D (HVAC Maintenance): No public comments. Councilmember Labourne questioned the long tenure of AmeriTech HVAC (over 20 years) and lack of competitors. Staff explained that the bid was rebid every two years and that only one bidder responded despite efforts to attract others. Approved with Labourne opposed.
• Public Hearing on Liquor License 32A (Cloud Nine Restaurant & Bar at Airport): Mike Mosier (Wyoming State Liquor Association) clarified the legislative intent of the airport liquor license, stating it was meant for the main terminal building, not a separate terminal. He noted that the Cheyenne Regional Airport's old terminal (Jerry Olson) is not the main terminal. Councilmember Johnson argued that if the old terminal is considered a concourse, it could qualify. The application was approved on a 7-3 vote (White, Labourne, Aldridge opposed).

Discussion Items

• Ordinance 7 (3rd Reading - Alcoholic Liquor License Types): Adopted unanimously after no public comment. The ordinance defines adult entertainment as required by state law.
• Ordinance 8 (2nd Reading - Ethical Obligations): Postponed to July 10, 2023, at the request of Dr. Aldrich to finalize details.
• Ordinance 9 (2nd Reading - National Electrical Code Update): Approved on second reading 8-1 (Councilmember Johnson opposed). Johnson questioned potential cost impacts on housing; staff responded that the changes are largely revenue-neutral.
• Ordinances 10-15 (2nd Reading - Annexations and Zoning): All approved unanimously on second reading. These included annexations at Thomas/Ridge, Rawlins/Cleveland, and Holland/Ridge, with corresponding zoning designations (MR and AG).
• Ordinance 16 (2nd Reading - UDC Annexation/Zoning Process): Approved on second reading unanimously. The amendment creates an "assigned zoning" process for annexed properties, with a separate zoning map amendment option.
• Ordinance 17 (2nd Reading - Protest Petition Amendments): Approved on second reading 8-2 (Councilmembers Labourne and Aldridge opposed). The amendment aligns city protest petition requirements with state statute, changing from 20% of property owners to 20% of land area, and establishes a standardized city form.
• Ordinance 18 (1st Reading - Camping in Public Places): Referred to the Public Services Committee (originally intended for Finance Committee due to potential fines, but Mayor directed to Public Services).
• Resolution 19 (Ironhorse Water Services): Postponed to July 10, 2023, at the applicant's request to finalize special improvement district details.
• Resolution 21 (BOPU Uncollectible Debts): Adopted 8-1 (Dr. Aldridge opposed). The write-off of $79,185.43 was approved, with the Board of Public Utilities committing to improve cross-referencing of delinquent accounts.
• Resolution 22 (Open Containers for Distilleries): Failed 5-5 (Ayes: Roybal, Johnson, Escabel, Cook, Mayor Collins? Actually Mayor did not vote; nays: Seagrave, Rennie, Labourne, White, Aldridge). The resolution would have allowed open containers of distilled spirits within the Downtown Development District for seven specified dates in 2023.
• Resolution 29C (Childs Draw MOU with WYDOT): Approved 8-2 (Rennie and Cook opposed). The MOU provides $115,000 for the Childs Draw South Tributary Enhancements Project.
• Agreement 29E (Animal Shelter Services): Approved with a substitute amendment on a voice vote. The three-year agreement provides $800,000 in FY2024, $850,000 in FY2025, and $900,000 in FY2026, totaling $2,550,000. The substitute changed language regarding certification, veterinarian services, closure days, and council board membership.
• Resolution 29I (BNSF Preliminary Engineering): Approved 8-1 (Seagrave opposed). The $96,410 agreement with BNSF Railway Company is for project review and diagnostic evaluation of a quiet zone project.
• Resolution 29H (Reed Avenue Rail Corridor Design): Approved 7-2 (Seagrave and Cook opposed). The $1,281,279.20 contract with DHM Design Corporation covers design of the rail corridor, including a pedestrian underpass, landscaping, and railroad negotiations.
• Resolution 29J (School Resource Officers MOU): Approved unanimously. The agreement with Laramie County School District No. 1 provides $119,552 plus overtime for SRO services.
• Contract Modification 30A (Janitorial Services - Municipal Building): Approved 8-1 (Labourne opposed). The modification with Top-Flight Maintenance Inc. is for up to $84,366.
• Bid 31D (HVAC Maintenance): Approved 8-1 (Labourne opposed). The bid with AmeriTech HVAC Services Inc. is for up to $1,532,862, covering maintenance and replacement of equipment across multiple city facilities.
• Liquor License 32A (Cloud Nine Restaurant & Bar): Approved 7-3 (White, Labourne, Aldridge opposed). The retail liquor license for the Cheyenne Regional Airport Board will be placed in a parked status until the Jerry Olson Terminal is renovated.

Key Outcomes

• Failed: Resolution 22 (Open containers for distilleries) – 5-5 vote.
• Approved with amendments: Animal Shelter Agreement (substitute adopted), Ordinance 17 (protest petitions), and several others.
• Postponed: Ordinance 8 (Ethical Obligations) and Resolution 19 (Ironhorse water) to July 10, 2023.
• Referred: Ordinance 18 (Camping in Public Places) to Public Services Committee.
• All consent agenda items approved as routine, with six items removed for separate discussion.

Note: The meeting adjourned at approximately 10:30 p.m. after announcements regarding the Calcutta event (July 29) and revised committee meeting schedules for July 5 due to Independence Day.