Cheyenne City Council Meeting - September 9, 2024

The Cheyenne City Council met on September 9, 2024, at 6:00 PM in Council Chambers. The meeting covered a consent agenda, public hearings, several third-reading ordinances for annexations and zoning changes, a resolution for an outside user agreement for sewer service, multiple contracts and professional services agreements, and announcements. Key actions included approval of a liquor license transfer, expansion of the Downtown Development District, and funding for the Depot Renovation and Pumphouse restoration projects.

Consent Calendar

• Minutes from the August 26, 2024 regular meeting were approved.
• Resolution re-appropriating Fiscal Year 2024 budget (item 15) adopted.
• Resolution authorizing final plat for Scenic Development, 5th Filing (item 17) referred to Public Services Committee.
• Resolution authorizing final plat for Andiamo Subdivision Second Filing (item 18) referred to Public Services Committee.
• Resolution granting exception to the '201 Agreement' for 4614 East Pershing Boulevard for a septic system (item 19) referred to Public Services Committee.
• License Agreement with Western Area Power Administration for transmission line construction (item 20b) approved.
• Professional Services Agreement with Ayres Associates for the 19th Street Drainage and Intersection Improvements Project (item 20c, originally on consent but pulled for discussion) later approved separately.
• Drainage Easement Agreement with Kenrich, LLC (item 20e) approved for $424.00.
• Interagency Agreement with Wyoming State Parks for High Plains Research Station (item 20f) approved.
• Contract Modification #1 to Contract #7960 with Asphalt Preservation LLC (item 21a) referred to Finance Committee.
• Contract Modification #1 to Contract #7968 with Asphalt Preservation LLC (item 21b) referred to Finance Committee.
• Bid #S-4-25 with S&S Builders LLC for Dutcher Athletic Complex (item 22b) referred to Finance Committee.
• Bid #S-24-24 with Traffic Safety Services for thermoplastic markings (item 22c) referred to Finance Committee.
• Bid #E-1-25 for golf mowers (item 22d) referred to Finance Committee.
• Bid #S-1-25 with Orion Environmental for Cheyenne Railcar Project asbestos abatement (item 22e) referred to Finance Committee.

Public Comments & Testimony

• Liquor License Transfer (Item 6a): John Johnson, principal of 1734 Partners LLC, appeared to request transfer of the retail liquor license from Old Chicago Taproom II to 1734 Partners. He stated the company originally brought Old Chicago to Cheyenne in 2006, sold it in 2014, and now seeks to buy back the license as they repurpose the building. Options include operating under their existing brands (Wyoming Ales Works, etc.) or a potential lease involving off-track betting (subject to non-disclosure). No other public comments were offered.
• Outside User Agreement (Item 16): Brad Emmons, agent for owner Oh Hail No LLC and developer Recreational Investment Group, explained the need for public sewer and water service for an RV park on the property. He noted that USDA financing requires the property to remain in the county initially, with annexation planned within 180 days. A letter from the financing group was provided to confirm they are aware of and agree to the annexation requirement. Councilmembers asked questions about binding nature and timeline.

Discussion Items

• Ordinance 3rd Readings (Items 7-12): Six ordinances for annexation and zoning changes were passed on third and final reading without public comment. Each was recommended for approval by the Public Services Committee. All received unanimous votes, with no opposition.
  • Item 7: Annexation of land west of Converse Ave and north of Dell Range Blvd.
  • Item 8: Zoning of annexed land as AG Agricultural.
  • Item 9: Rezoning from AG to NR-3 Neighborhood Residential – High Density.
  • Item 10: Annexation of land east of US-30 and north of E. Pershing Blvd.
  • Item 11: Zoning of annexed land as MUR Mixed-Use Residential.
  • Item 12: Rezoning from LI Light Industrial to CB Community Business at Hutchins Dr and Industry Dr.
• Ordinance 3rd Reading – Downtown Development District Expansion (Item 13): Councilman Roybal moved to amend the ordinance with maps from a memo by Director Bloom. The amendment was approved by voice vote. Councilwoman Aldridge stated she would vote no because she is concerned about the impact on grants distributed by the DDA and noted that many entities are tax-exempt, so the main benefit is access to grant funding. Councilman Leyborn supported the expansion, citing a major upcoming project on Reed Avenue that justifies the expansion. The final vote on the amended ordinance was 8-1 (Aldridge opposed).
• Ordinance 1st Reading – Unified Development Code Amendment (Item 14): To create a BP Business Park Zone District and make conforming changes. Referred to Public Services Committee.
• Resolution – Outside User Agreement for Sewer Service (Item 16): The resolution approving sanitary sewer service for Oh Hail No LLC was debated. Councilman Leyborn opposed, stating that the letter provided did not fully answer his committee questions. Councilwoman Aldridge noted her historical opposition but voted yes because of the 180-day annexation commitment. Councilman White and Councilman Seagrave also expressed reluctance but supported due to urgent housing needs (Meta and missile upgrade projects) and the financing group's awareness of annexation. The resolution was approved as amended (substitute cleaned up language), with Councilman Leyborn the sole no vote.
• Professional Services Agreements:
  • Item 20a (originally consent, removed): Contract with Tyler Technologies for police records management software, approved for $147,043 annually for five years (total $735,215). Councilman Johnson noted his initial no vote in committee was due to force majeure concerns but deferred to the police department's assessment that the software is essential.
  • Item 20c: Professional Services Agreement with Ayres Associates for 19th Street drainage and intersection improvements, approved for $712,446. Councilman Leyborn commented on the importance of the project for the West Edge area, floodplain reduction, and road safety.
  • Item 20d: Professional Services Agreement with TDSi for restoration and remodel of the Cheyenne Pumphouse, approved for $424,200. Councilman Leyborn highlighted the site’s broader significance as a greenway junction and stormwater treatment area. Councilman Johnson explained his committee no vote was due to services not included (environmental and geotechnical investigations); City Engineer Cobb clarified that related studies had been done for the area, though not specific to the pumphouse site.
• Bid – Depot Renovation Project (Item 22a): Contract with Reiman Corp for $1,426,265 approved. Councilman Seagrave declared a conflict of interest and did not participate. Councilwoman Aldridge encouraged support, noting the project uses 2021 Specific Purpose Option Tax funds. Councilman Seagrave (who did not vote? The transcript shows he spoke in favor but the roll call may have been handled with him abstaining based on conflict? Actually, the transcript says