Cheyenne City Council Meeting – November 13, 2023

The Cheyenne City Council met on Monday, November 13, 2023, at 6:00 PM in Council Chambers. Mayor Patrick Collins presided with all nine council members present. The meeting included a consent agenda, two public hearings, several ordinances and resolutions, and a development agreement for a major data center campus.

Consent Calendar

• Approved unanimously (with ayes) the consent agenda after removing items 16 (Van Buren Corridor Plan), 17 (Powderhouse Road Corridor Study), 27E (Goat Systems development agreement), and 28A (Novo Benefits contract modification). The removed items were discussed separately later in the meeting.
• Routine approvals included: minutes from October 23, 2023; resolution adopting the DDA special election canvass; final plats for Alliance Addition 5th Filing and Sunnyside Addition 13th Filing; salary adjustments for 116 non-uniformed employees; deferred compensation plan adoption; discharge of uncollectible debts; property transfer at 503 West College Drive; septic system exception; multiple memoranda of understanding, subgrantee agreements, and professional service contracts (items 5, 15, 19, 21–27, 28b, 29a–c).

Public Comments & Testimony

Public Hearing 6A – Bar and Grill License for Horse Palace

• Steve Jimenez, General Manager of Wyoming Horse Racing LLC, requested approval of a bar and grill license for a new location at 1802 Dell Range Blvd. Suite 3. He stated the establishment will have limited food (hot dogs, sausages). Council members asked about the license type, number remaining (four if granted), and policies on free drinks. No public opposition was voiced. The hearing closed and the matter was referred to the Finance Committee.

Public Hearing 6B – City-Initiated Annexation of 51 Parcels (100.56 acres) in Northwest Cheyenne

• Charles Bloom, Planning and Development Director, presented the staff report. The area is north of Dell Range Blvd and west of Powderhouse Road, 100% contiguous, and inside the urban service boundary. Certified mailings were sent October 12, 2023, with earliest receipt October 14, 2023 (20 business days prior to the hearing was October 13, 2023, adjusted for Veterans Day).
• April Brimer Coons (6210 Bremer Road) spoke in opposition, arguing that her property does not physically touch city limits and that the city's use of roads as boundaries is not supported by Wyoming statute. She raised concerns about health, safety, and welfare, and requested protection for her livestock and dogs. She also questioned her political status as a precinct committee woman.
• Jack Anootson (1210 Skyline Drive) opposed, stating he receives excellent services from the county and questioned the benefit of annexation.
• Gloria Milmont (1100 Skyline Drive) opposed, citing concerns about losing county privileges such as a shooting range, burning, and fireworks.
• Abe Di Herrera (Skyline Drive) opposed, stating he moved to the county to avoid city regulations and does not want forced annexation.
• Puyong Kim (806 Skyline Drive) opposed, expressing confusion and concern about future city requirements.
• Bill Weaver (6910 Powderhouse Road) raised questions about the adequacy of infrastructure and capacity, particularly sewer, and noted that the city had not provided a cost estimate for infrastructure improvements required within existing city boundaries as required by statute. He requested a clear answer on sewer capacity.
• Frank Strong (Engineering Manager, Cheyenne Board of Public Utilities) stated that no specific analysis had been done for the area and that capacity is not reserved; it is first-come, first-served.
• The hearing concluded; the annexation ordinance (item 12) and zoning map amendment (item 13) were referred to the Public Services Committee.

Public Comment on Resolution 14 – Annexation Certification for Base Area (I-25, Horse Creek Road)

• Councilman Michael White spoke against the resolution, stating the city should “kill this” and that the Air Force had not provided a clear answer. He argued the city should not rush the process. No other public comment was offered.

Public Comment on Resolution 18 – Blight Declaration for Ridge and Holland Area

• Brad Emmons (AVI) spoke in favor, explaining that the Story Boulevard lots have been undevelopable for years due to high infrastructure costs. He provided a memo outlining how TIFF financing could work. Jason Stephen (Gateway Construction) also spoke in favor, stating the property meets blight criteria and that the declaration only opens the door for further study.

Discussion Items

Ordinance 7 – Mobile Storage Containers on Public Right-of-Way (3rd Reading)

• Councilman White moved to postpone until November 27, 2023, to allow staff more time to contact affected businesses. The motion passed (with Councilman Cook voting no).

Ordinance 8 – Mayor’s Office Employment Status (3rd Reading)

• Clarifies that only the Chief of Staff is an at-will employee. Approved on third reading by a unanimous vote of 9-0.

Ordinance 9 – Zoning Change from MUB to CB (Sunnyside Addition) (2nd Reading)

• Approved on second reading unanimously.

Ordinance 10 – UDC Facade Design Requirements for Multifamily (2nd Reading)

• Postponed to November 27, 2023, due to confusion between staff and planning commission recommendations. Council requested clearer comparisons and substitute ordinances.

Ordinance 11 – Zoning Change to MUB (Dell Range & Whitney) (1st Reading)

• Referred to Public Services Committee.

Ordinance 12 – Annexation of 51 Parcels (1st Reading)

• Referred to Public Services Committee.

Ordinance 13 – Zoning for Annexed Land (1st Reading)

• Referred to Public Services Committee.

Resolution 14 – Annexation Certification for Base Area (I-25, Horse Creek)

• Councilman White moved to adopt, but the motion failed after a vote: ayes and noes were heard. The resolution did not pass. Councilman Seagrave expressed intent to reintroduce in the future after the Air Force completes its annexation agreement process.

Resolution 16 – Van Buren Corridor Plan Adoption

• Adopted unanimously after discussion. Councilwoman Aldridge asked about drainage improvements and a proposed roundabout at Green River. Tom Cobb (City Engineer) confirmed a storm sewer design is moving to bid. Councilman Seagrave requested justification for a crosswalk at Laramie Street. Councilman Johnson asked about native grasses in tree lawns; staff noted it is a 35% design and will be revisited.

Resolution 17 – Powderhouse Road Corridor Study Adoption

• Adopted unanimously. Councilman Labourne asked about right-of-way acquisition for the connection to US 85; Tristan Cordier (MPO consultant) stated that a platted road reservation exists. Councilwoman Aldridge noted public feedback was split 50-50 on the connection. Councilman Johnson asked about the Dell Range intersection; no major changes were recommended beyond an eastbound right turn lane.

Resolution 18 – Blight Declaration for Ridge and Holland Area

• After extensive discussion, the resolution was adopted by a voice vote: ayes and noes. Councilman Labourne and Councilwoman Aldridge voted no. Councilman Seagrave supported, stating it is only a first step. Councilman Johnson supported as a tool for development. The declaration allows the property owners to apply for urban renewal plan and project.

Resolution 20 – Settlement Agreement with WJE, LLC

• Postponed to November 27, 2023, at the request of the City Attorney, who had not received a response from the other party.

Item 27E – Development Agreement with Goat Systems, LLC (Data Center Campus)

• Approved as amended (substitute dated November 7, 2023). Betsy Hales (Cheyenne LEADS) and Charles Bloom presented. The agreement covers a 945-acre data center campus with 4.1 miles of new roadway (High Plains Road to Parsley Boulevard to Terry Ranch Road), a cash-in-lieu payment of approximately $10.2 million for street improvements, $665,000 in park fees already paid, an additional $1 million park fee due at building permit, $414,000 in public safety fees, and $4.2 million in water connection fees. The project will open up approximately 2,800 acres for future development. Councilman Johnson declared a conflict of interest and abstained from voting on the subsequent item 28A.

Item 28A – Contract Modification #2 with Novo Benefits, LLC

• Approved with a corrected amount of $227,901 (total for three years) after Councilman Johnson abstained. The original amount of $6,330.58 was the monthly average.

Key Outcomes

• Consent Agenda approved (items removed: 16, 17, 27E, 28A).
• Ordinance 8 (Mayor’s Office employment) approved on third reading (9-0).
• Ordinance 9 (Zoning change) approved on second reading (unanimous).
• Ordinance 10 (UDC facade) postponed to Nov 27.
• Resolution 16 (Van Buren Corridor Plan) adopted (unanimous).
• Resolution 17 (Powderhouse Road Corridor Study) adopted (unanimous).
• Resolution 18 (Blight declaration for Ridge and Holland) adopted (voice vote: ayes majority, with Labourne and Aldridge opposed).
• Resolution 14 (Annexation certification for base area) failed (motion to adopt did not carry).
• Resolution 20 (Settlement with WJE, LLC) postponed to Nov 27.
• Item 27E (Goat Systems development agreement) approved as amended (unanimous).
• Item 28A (Novo Benefits contract modification) approved with amended amount ($227,901 total).
• Ordinances 11, 12, 13 referred to Public Services Committee.
• Public hearing 6A (Bar and grill license) referred to Finance Committee.
• Public hearing 6B (Annexation of 51 parcels) concluded; ordinances 12 and 13 referred to Public Services Committee.

Note: The meeting adjourned after announcements and other business.