Cheyenne City Council Meeting Summary – February 26, 2024

The Cheyenne City Council met on February 26, 2024, at 6:00 p.m. in Council Chambers. The meeting covered over 20 agenda items, including consent agenda approvals, a public hearing on liquor license renewals, multiple ordinance readings, resolutions, contract modifications, and public comments. Key actions included the adoption of a climate pollution reduction grant, approval of a final plat for The Bluffs, and a second reading of an ordinance eliminating jail time for certain code violations. A resolution requesting state legislation to allow 5% ABV alcohol sales in grocery and convenience stores failed.

Consent Calendar

• Minutes from February 12, 2024 – Approved unanimously.
• Resolution – Bison Beverage sponsorship for Cheyenne Frontier Days Rodeo Events (2024 & 2025) – Adopted.
• Resolution – Cowboy Solar Project impact assistance – Adopted.
• Resolution – Wyoming Division of Victim Services Funding Application SFY 2025 & 2026 – Adopted.
• Resolution – Department of Energy Efficiency and Conservation Block Grant for Cheyenne Civic Center lighting upgrades – Referred to Finance Committee.
• Resolution – Support for rewriting parking ordinances for paid on-street parking downtown – Referred to Finance Committee.
• Resolution – Action plan for sidewalk deficiencies in Downtown Development District – Referred to Finance Committee.
• Agreements for temporary construction easements for Dell Range/Van Buren Improvements Project – Referred to Finance Committee.
• Contract Modification #3 to Trihydro Corporation for Happy Jack Landfill environmental monitoring – Approved in an amount not to exceed $94,242.00.
• Bid #S-7-24 for Airport Parkway Project (JTL Group d/b/a Knife River) – Accepted in an amount not to exceed $3,601,036.35.
• Bid #S-1-24 for Dell Range/Van Buren Improvements Project (Reiman & Aztec JV) – Referred to Finance Committee.
• Bid #S-11-24 for Cheyenne Sanitation Transfer Station Lift Station Installation (Mechanical Systems, Inc.) – Referred to Finance Committee.
• Bid #E-12-24 for twenty passenger buses for Transit Program – Referred to Finance Committee.

Public Comments & Testimony

• Mark Moody (Southeast Cheyenne resident) – Expressed concern about the ordinance removing jail sentences for certain code violations, arguing that jail is a deterrent and that Cheyenne should not follow the example of San Francisco, Los Angeles, or Denver. He also questioned the imprecision of profane language definitions and the impact on shoplifting deterrence.
• Susie Gutenkop (Owner, Outlaw Liquors) – Opposed the resolution to allow 5% ABV alcohol sales in grocery and convenience stores, citing increased underage drinking and shoplifting risks. She requested a copy of the resolution.
• Ed Galavoty (Retired veteran) – Urged the council to expedite road improvements to the National Cemetery, criticizing the timeline for engineering and contracting. He noted that the VA has not addressed the issue and that the city's schedule (projected July completion) is too slow. He expressed frustration that the RFP has not yet been issued.

Discussion Items

• Ordinance #7 (3rd Reading) – Amending compensation schedule for City Council – Clarifies how compensation is computed without changing the amount. Approved on third reading (unanimous voice vote).
• Ordinance #8 (2nd Reading) – Eliminating jail sentences for specified code provisions (solid waste, noise, public peace, property offenses) – Extensive discussion. An amendment to remove shoplifting from the ordinance failed 5-5 (Mayor Collins, Cook, Johnson, Aldrich, Laborn in favor; opposed: Royble, Seagrave, White, Escobel, Dr. Rainey). The ordinance passed on second reading with three dissenting votes (Johnson, Laborn, Aldrich). The police chief stated that the department was generally okay with the changes and that most violations are already not punished with jail. The city attorney noted that the ordinance would reduce public defender costs.
• Ordinance #9 (2nd Reading) – Creating public defender appointment procedures and standards – Establishes criteria for determining “needy persons” for public defender services. Dr. Aldrich expressed concern that income limits up to 218% of the poverty level are too high. Mr. Johnson argued it conflicts with the Sixth Amendment. Passed on second reading with three dissenting votes (Aldrich, Cook, Johnson).
• Ordinance #10 (1st Reading) – Vehicle impoundment enforcement modifications – Referred to Public Services Committee.
• Resolution #11 – Final Plat for The Bluffs, 12th Filing (29.61 acres east of Converse Avenue and south of Storey Boulevard) – Approved with conditions: (A) an easement across Townsend Place Apartments LP to allow connection to Converse Avenue, and (B) modification of the plat map to allow an auxiliary lane on Story Boulevard from Converse Avenue to Ogden Road, with a 10-foot right-of-way or perpetual utility easement.
• Resolution #13 – Requesting state legislature to allow sale of 5% ABV alcoholic beverages at grocery and convenience stores – Sponsored by Mr. Johnson. Debate: Mr. Johnson argued it would create a new license type, reduce pressure on full retail liquor licenses, and align with 46 other states. Dr. Rennie supported it as a way to reduce demand for full retail licenses. Mr. Laborn opposed, citing sufficient alcohol availability and concerns about underage drinking. The resolution failed (5-5? Actually, the transcript shows ayes and then noes: “Mr. Royble, Mr. Escobel, Dr. Aldridge, Mr. Labourne, and Mr. White” – that’s five noes; motion failed).
• Resolution #16 – Accepting EPA Climate Pollution Reduction Planning Grant ($1 million) – Adopted unanimously. Councilman Laborn spoke in favor, noting benefits for alternative energy and pollution reduction.
• Contract Modification #1 (21A) – Street improvements adjacent to 3618 Charles Street – Approved as amended by a substitute that delays infrastructure fee payments until development occurs. The developer has no current plans to develop but may sell the property.

Key Outcomes

• Consent Agenda – Approved unanimously.
• Liquor License Renewals – Public hearing held; assigned to Finance Committee.
• Ordinance #7 (Council compensation) – Approved on third reading (unanimous).
• Ordinance #8 (Eliminate jail for certain violations) – Approved on second reading (3 dissenting: Johnson, Laborn, Aldrich).
• Ordinance #9 (Public defender procedures) – Approved on second reading (3 dissenting: Aldrich, Cook, Johnson).
• Ordinance #10 (Vehicle impoundment) – Referred to Public Services Committee.
• Resolution #11 (The Bluffs plat) – Adopted with conditions.
• Resolution #13 (5% ABV sales) – Failed (5 noes, 5 ayes? The transcript indicates 5 noes; motion failed).
• Resolution #16 (Climate Pollution Reduction Grant) – Adopted.
• Contract Modification #1 (Charles Street) – Approved as amended.
• Voucher Report and Revenue Report – Accepted without discussion.
• Annexation Public Hearing – Announced for March 11, 2024, at 6:00 p.m., regarding 923.93 acres south of I-80 adjacent to Roundtop Road.
• Airport Resolutions – Two resolutions supporting FAA grant applications for snow removal equipment and master plan layout were referred to Finance Committee.
• Other Business – Councilman Johnson announced a community parking meeting at Paris West on February 27 at 6:30 p.m. (also available via Facebook Live). Councilman White praised the Camilla Shelter fundraiser. Dr. Aldridge reminded of the Cheyenne Animal Shelter Furball on March 8.
• Public Comment – Ed Galavoty’s concerns about the National Cemetery road were acknowledged; the mayor stated the project is on schedule for completion in July.