Cheyenne City Council Meeting Summary — October 26, 2026

The Cheyenne City Council met at 6:00 p.m. on Monday, October 26, 2026, in Council Chambers at the Municipal Building, 2101 O'Neil Avenue, Cheyenne, WY. All members were present. The council approved the consent agenda minus item 20, advanced annexation and zoning ordinances on second reading, adopted agricultural and parking code changes, referred a first-reading UDC ordinance, failed a stormwater reserve transfer resolution, adopted a special use permit for a relocated simulcast/gaming center, approved the Swan Ranch development agreement, and received reports and announcements. Public testimony focused on process transparency, annexation timing, and the Nicely family farm's transition into the city.

Consent Calendar

• The consent agenda was approved by one motion after Councilmember Labourne removed item 20 (gaming center special use permit) for separate consideration. Routine items included the October 12, 2026 minutes; FY 2027 budget re-appropriation; revised Investment Policy Statement; $18,063,014 interfund loan from the One Percent Sales Tax Capital Projects fund to the Special Purpose Option Sales Tax Capital Projects fund; a non-exclusive easement from F.E. Warren Air Force Base for a Cheyenne Frontier Days parking lot; contract modifications with the National Forest Foundation and DHM Design Corporation; purchase of two Lenco BearCat G3 armored vehicles for the Cheyenne Police Department not to exceed $853,980; and purchase/referral of 26 sets of AARDVARK Tactical ballistic body armor.

Public Comments & Testimony

• Charles Miller, a frequent public commenter, raised detailed technical and procedural questions on annexation maintenance, a zoning text conflict, effective-date sequencing, acreage discrepancies, UDC review criteria, unpaved parking enforcement, livestock protections, stormwater funding, Swan Ranch fees, voucher accounting, and the legislative vs. quasi-judicial nature of council actions. He often stated he was not asking the council to reject applications, but to make the record clear and verifiable.
• Savannah, a neighborhood resident, opposed the proposed Wyoming Downs/gaming center at 3307 Nationway, citing proximity to a neighborhood full of children, problem gambling and drug activity, and more than 50 police dispatches in one year at the two existing Wyoming Downs locations in Cheyenne.
• Brent Rhodes, representing Wyoming Downs, supported the application, describing it as a relocation from an existing OTB location rather than a new facility. He cited plans to keep a black screening wall, meet code parking, and use Goodwill overflow parking if needed.
• David Nicely and Tommy Nicely of 200 Walterside asked the council to work with their farm on electric fencing and annexation timing. David said the fencing provision responded to one of eight requests after the March 9 meeting, but the transition window left livestock unprotected. Tommy asked for workable parameters and signage requirements before annexation in two weeks.
• Jim Churrell, a Ward 1 resident, urged the council to help the Nicelys, including expediting fencing, and raised predator and firearm-discharge concerns. Anne Dama criticized the city's treatment of the Nicelys and the lack of direct conversation.
• Kenneth Williams asked the city to follow up with DOT about an unfixed sidewalk near the airport, saying someone could be hurt.

Discussion Items

Annexations and Zoning Ordinances (Items 6–10)

• Item 6: Ordinance on second reading annexing land south of US-30 and north of Commerce Circle was approved after Miller asked about right-of-way, maintenance obligations, and legal descriptions.
• Item 7: The second-reading BP Business Park zoning ordinance contained a conflict in Section 5, which said AG – Agricultural. Council amended Section 5 to BP – Business Park before approving the ordinance on second reading as amended.
• Item 8: The second-reading annexation of 5.06 acres south of East Fox Farm Road, north of East Allison Road, and east of South College Drive was approved. Councilmember Moody questioned the timing of the public hearing; City Attorney John Brody said state law requires it during council consideration but does not set a specific point in the process. Moody voted no.
• Item 9: The second-reading ordinance establishing AG – Agricultural zoning for the annexed Havill property was approved. Miller noted a 5.06-acre legal description versus a 162.42-acre staff report statement; Moody voted no.
• Item 10: The second-reading ordinance changing the Havill property from AG – Agricultural to BP – Business Park was approved. Brad Emmons, agent for the applicant, said the change was needed to merge the Havill property with the Reed property in future plating. Moody voted no.

Unified Development Code Amendments (Items 11–15)

• Item 11: Agricultural-use UDC amendments were approved on second reading. Miller asked for written criteria for “significant customer impacts” and clearer grandfathering language. Councilmember Aldrich questioned staff about nurseries, agricultural supply sales, small-scale/intermittent livestock processing, animal-unit density, and home occupations; staff answered that density standards are based on animal units per acre.
• Item 12: Unpaved parking amendments were approved on second reading. Miller asked how the 55-times overflow threshold would be enforced, whether directors must issue written findings, and how material changes would be reviewed. Council discussed the administrative adjustment process and ADA parking. Planning Director Charles Bloom said the process has review criteria; staff said a nonconforming farm could continue as-is without ADA parking, but ADA is a federal requirement if the site expands. Dr. Rainey and Dr. Aldrich voted no.
• Item 13: Livestock restriction exceptions were approved on second reading. Miller asked about voluntary/involuntary annexation, continuity after sale, and documentation. Councilmember White flagged a chicken-count discrepancy between drafts; staff said no change was intended. Dr. Aldrich asked about the open-ended exemption for livestock brought into the city for shipment, and council agreed staff should research a reasonable time limit before final reading.
• Item 14: Electric fencing for certain agricultural and livestock uses was approved on second reading. Public commenters urged the council to make the transition workable before annexation. Staff said the ordinance does not specify voltage, and existing lawful fencing would be allowed to continue; the council noted both the fencing ordinance and the related annexation were expected to be on final reading November 9, 2026.
• Item 15: A first-reading ordinance creating UDC sections on establishing uses and construction-site expectations, sponsored by Dr. Rinne, was referred to the Public Services Committee.

Stormwater Reserve Policy (Item 17)

• Miller asked whether adoption would itself transfer $10 million and questioned the 365-day reserve threshold. Councilmember Escobel moved to adopt despite no Finance Committee recommendation; Dr. Aldrich spoke in support, citing the 1985 flood risk, an estimated $60 million drainage need, and the city's current reserve above the 120-day policy. Councilmember Seagrave opposed the idea as creating nontransparent “coffee cans of money.” The resolution failed.

Gaming Center Special Use Permit (Item 20)

• This item was removed from the consent agenda. After public testimony, council heard from Captain David James of the Cheyenne Police Department, who provided data on OTB-related enforcement: 27 arrests at all city OTBs compared with 3,908 total city arrests, and 21 tickets compared with 8,001 citywide; Cadillac Ranch had 52 incidents and 11 cases over 12 months.
• Councilmember Labourne opposed the relocation, saying seven OTB locations is enough, the site is across from a daycare, and the neighborhood has already suffered from the bar. Other members supported it as a relocation and noted the city can revoke licenses for bad actors. The resolution was adopted, with Labourne and Wolfe voting no.

Swan Ranch Development Agreement (Item 21a)

• Miller asked for the value of waived fees, the amount payable, collection procedures, and road-paving security. Joe Stevenson of Granite Peak Development said the outstanding balance would be paid within 30 days, with 8% interest if late. City engineer Mr. Cobb described four improvements funded by the agreement, including improvements to Clear Creek Parkway, a roundabout at High Plains and Clear Creek Parkway, and a multi-use path. The council approved the development agreement.

Reports and Announcements (Item 24)

• The voucher report and revenue report were received. During the voucher report, Miller said the October 2026 voucher register totaled $2,831,381.16, with a U.S. Bank purchasing card register of $91,218.67; he criticized the pumphouse emergency procurement and noted a $2 discrepancy between two staff memos on the $1.3 million project.
• The clerk announced an emergency procurement authorized by Mayor Collins for the Pumphouse Roof Structure Replacement with Legacy Construction Group in the amount of $1,365,402.
• Public hearings were announced for November 9, 2026 at 6:00 p.m. on: annexation compliance for approximately 5.06 acres south of East Fox Farm Road, north of East Allison Road, and adjacent to South College Drive; a bar and grill liquor license for Bally’s Wyoming, LLC d/b/a Bally’s Cheyenne, 1734 Meadowland Dr.; and a restaurant liquor license for Shack & Co LLC d/b/a Wing Shack, 5719 Yellowstone Rd.
• The clerk announced that ordinances postponed in March 2026 will return to the Public Services Committee on Monday, November 2, 2026.

Other Business (Item 25)

• In other business, Miller asked the council to classify agenda items as legislative or quasi-judicial in future materials and to establish a version-controlled record. Kenneth Williams repeated his sidewalk complaint. The council also recognized Dr. Joe Schaefer of Laramie County Community College for being named ACCT Western Regional CEO. The meeting then adjourned.

Key Outcomes

• Consent agenda approved except item 20.
• Items 6, 9, 10, 11, 13, and 14 were approved on second reading; item 7 was approved as amended; item 8 was approved with Moody voting no; item 12 was approved with Rainey and Aldrich voting no.
• Item 15 was referred to the Public Services Committee.
• Item 17, the stormwater reserve transfer resolution, failed.
• Item 20, the gaming center/simulcasting special use permit, was adopted with Labourne and Wolfe voting no.
• Item 21a, the Swan Ranch development agreement, was approved.
• Staff were directed to research a time limit for the livestock-shipping exception and to review the chicken-count discrepancy before final reading of item 13.
• Public hearings were scheduled for November 9, 2026; postponed March 2026 ordinances return to the Public Services Committee on November 2, 2026.