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[{"type":"text","text":"When the spiked eggnog kicks in......"}]

Herald 12 29 24

Cowboy State Daily is Wyoming’s largest newspaper with Wyoming’s most experienced journalists. 

<title>Hark The Herald: Sunday, December 29, 2024 | Cowboy State Daily</title>

When the spiked eggnog kicks in......

Hark The Herald: Sunday, December 29, 2024

Headshot of Cowboy State Daily's business and tourism reporter, Renée Jean

Renée Jean

Government & Politics

Most of the Cheyenne Planning Commission members backed parts of Microsoft’s sweeping 3,200-acre southside expansion plans Monday night during a marathon five-hour hearing. 

But only one part of the plan — assigning agricultural zoning to the 3,050-acre Highlands area if it is annexed — will reach the June 8 City Council meeting with a recommendation to approve.

The remaining items — future land-use and zoning map amendments for two parcels in the vicinity of Laramie Community College — failed to get the four “yes” votes required by state law to give the land-use changes a formal thumbs up from the planners.

With two of seven commissioners absent, and the chair voting only in case of a tie, a single “no” was enough to flip majority support for the Highlands-related measures into a recommendation to deny. 

A majority, meanwhile, voted to outright deny changes for the nearby Read Property, which is already inside city limits.

That meant the future land-use map amendment and zoning map amendment for the largest parcel failed — even though three of the five commissioners present voted in favor of them. 

They will thus both head to the council with formal recommendations to deny. 

Plan Fits Long-Range Vision, Utilities Can Keep Up

During deliberation of the measures, city staff framed the changes as consistent with long-range planning for Cheyenne’s economic development. 

The staff emphasized that these areas could be served by city water and sewer and folded into the urban service boundary with appropriate infrastructure, including possible lift stations and extensions.

“The subject property is suitable for industrial development, noting the impacts of the industrial development will be minimal on the large vacant surrounding properties and the proposed amendment is consistent with the goals and policies within Plan Cheyenne,” Cheyenne Planner Connor White said.

 “The transportation network because this wasn’t part of the Urban Service Boundary, there really isn’t a transportation network for this area,” White added. "That would be developed over time.”

The property would eventually connect into Bison Business Park as it develops over time, which would involve subsequent applications that would go before the Planning and Zoning Commission.

Water and sewer lines would have to be extended to the location, which is up for annexation consideration at the June 8 council meeting.

The area’s county zoning already allows some light industrial uses, and there’s already a gravel pit and oil wells in the area, White added.

Commissioner Questions Scale, Impact Of Project

Commissioner Meghan Connor was first to question the project.

“This is about 18% of the city’s current size, nearly one-fifth,” she said. “How in the world can you even begin to understand the impact it’s going to have … when you can’t even fathom the size of this compared to the city? It overtakes the city.”

She wondered how it was concluded that the site is beneficial to the community.

“I’m really failing to understand that,” she said. “How do we know long-term impacts if we don’t even have one going? How can you determine that something one-fifth the size of the current city is going to be an appropriate fit for our community?”

Planning and Zoning Development Director Charles Bloom told Connor that from a long-range planning standpoint a majority of the area in question is already occupied by railroad lines.

“So it may seem artificially inflated,” he said. “There really are only small pieces that are available, excluding a couple of existing industrial parks like Swan Ranch.”

The additions Microsoft has requested, meanwhile, are what the company perceives as a need at this time, Bloom said. 

“Really, anything regarding how or why they’re looking at this large area, what their intent would be, I would just refer that to the applicant,” Bloom said. 

Connor also asked questions about how the city would know if a data center is polluting an aquifer or the air, or making too much noise.

“That’s a great question,” Bloom said. “One of the safeguards here is that this would be a development that will be located within the city limits. So it will be required to connect to city water and sewer.”

Cheyenne has is able to monitor data centers connected to its systems electronically. 

The city is also requiring that the data center not directly connect its closed-loop cooling system to the city’s wastewater treatment system, which means there’s no direct access.

Actual water use by data centers was another topic of discussion. Connor said she’s heard several times the “five households” figure bandied about. 

But she and Commissioner Amy Hernandez, both, said they’d like to know the figure in gallons, as well as how much water, overall, Microsoft is proposing to use on that 3,050-acre or so parcel.

Frank Strong, with the Board of Public Utilities, said it’s difficult to say how much overall water will be used, given that Microsoft itself has not yet developed any detailed plans for the parcel. Microsoft is billing the Highlands parcel as part of a long-range, 10-year-plus commitment to doing business in Cheyenne.

An individual household typically uses 80,000 gallons a year, he said. If one guessed that the 3,200 parcel would one day have 40 data centers — a round number Strong selected for ease of calculation — the overall gallons would be 16 million. 

“Where we are right now, we have a surplus of 2.7 trillion gallons,” Strong said. “So it’s a very small drop in the bucket of what we have.”

The amount of water all of Cheyenne’s existing data centers are now using, meanwhile, doesn’t equal out to the 2 million gallons of water HollyFrontier used to use for refining petroleum products. 

That’s put BOPU actively looking to sell more water, so that the economics continue to support the water system without requiring increased user fees.

“All the data centers that are online right now used about 93 million gallons last year, which is around a little over 2% of our water sales,” Strong said.

Connor also wondered about water use for power generation, questions Strong said he could not answer.

While some power generation methods use significant amounts of water, there are also newer approaches, with closed-loop cooling, that use much less water than power generation of old.

Resident Decries Outdated Maps, Misrepresentation

Residents also pushed back against the developments.

Heather Madrid, who has been circulating a petition that calls for a moratorium on data centers, chastised the city for relying on outdated plans and maps to make sweeping changes, and urged them to “consider the people who live here and have lived here for years over people and developers who do not live here.”

Madrid also questioned bringing the Highlands property into the city with an agricultural zoning, when clearly the intended purpose for the land is not agriculture.

“That seems like a very intentional misrepresentation of the intent,” she said. “And it’s kind of in line with — and worsening — this idea that there is not transparency. And it’s led to panic, quite frankly, and extreme hypervigilance within the public to even be willing to argue for almost two hours over landscaping. 

"This is very concerning to me. This isn’t a little bit of land, and the final intended use is actually not even remotely aligned with the future land-use map, which to my understanding is, again, grossly outdated,” Madrid added. 

“I don’t know why we continue to rely on that map for these massive annexations and projects,” she continued. “Which are, as someone stated earlier, locking the city in and preventing future growth in a diverse way.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"What About Infrasound?"}]

Charles Miller, meanwhile, agreed with Madrid’s criticism of outdated maps and called the overall approach to the project a massive “deception.”

“We are debating a 3,000-acre industrial expansion, about 18% of the current size of the city of Cheyenne,” he said. “Yet staff is attempting to characterize this as a minor incremental increase in utility demand. 

"However, the Board of Public Utilities just admitted that this parcel was never on their master plan and requires significant new infrastructure, including a dedicated lift station to even function,” Miller said. "You cannot reconcile the reality of a 3,000-acre industrial footprint with the claim that it will have a minimal impact on Cheyenne’s utility or water future."

The lack of a detailed design for the campus, meanwhile, means the city would be authorizing a zoning change for something that doesn’t yet exist on paper.

“You have no site plan, no traffic mitigation, no finalized utility plan,” Miller said. “To recommend approval of a ghost project of this magnitude is a total abdication of this commission’s fiduciary duty to Plan Cheyenne.”

Miller also questioned whether the annexation was an attempt to escape review of the project by the Wyoming Industrial Siting Council.

“That state-level process is the only mechanism designed to force developers to fund and mitigate impacts on schools housing, and roads,” he said. “By rezoning to Business park, you are knowingly creating a void that strips this community of its right to state-mandated impact mitigation for infrasound liability.”

Infrasound refers to low-frequency sound waves below 20 hz. While that can’t be heard by human ears, Miller said studies are showing it can still have negative impacts for both humans and wildlife.

“Director Bloom admitted on record that the city currently lacks forensic data to evaluate or regulate low frequency infrasound from these facilities,” he said. 

“You’re being asked to recommend a massive industrial expansion for a project known to generate these impacts, while the city openly admits it is still investigating the hazard.”

City, LEADS Have Already Wrestled With Many Of The Questions

Betsey Hale with Cheyenne LEADS told commissioners many of the concerns being raised are things Cheyenne officials have already wrestled with over the last decade or so. 

“You have planning commissioners who have been thoughtful about this for 14 years,” she said. “And that’s why these projects are in business parks, because we have conditions, covenants, and restrictions.”

Putting them in business parks and connecting them to the city’s water and sewer system gives the city more enforcement capability, Hale suggested. 

As far as providing power, that’s accomplished through Black Hills Energy, which conducted a three-year study of transmission and their ability to provide power through a large-load tariff.

“For 14 years, we have done everything we can to protect the citizens of Cheyenne, the residents of Cheyenne, the ratepayers of Cheyenne, the water resources, the sewer capabilities,” Hale said. “I think we should actually celebrate the fact that in Cheyenne, Wyoming, and Laramie County, we’ve kind of done it right.”

Hale added that she appreciates Madrid and other commenters helping the city better understand their concerns so that they can ensure more of the community’s needs are really being met.

Part Of Microsoft’s Long-Range Plan In Cheyenne 

Microsoft’s representative, Rachel Irwing, told the Commission the rezoning is a “critical step in advancing a strategically planned data center campus and are intended to work together to ensure consistency between land use, zoning and long-term planning.”

The property is in the process of being acquired, she added, with a timeframe sometime this summer.

“Given the early stage of this effort, Microsoft has not yet advanced detailed designs for the campus,” Irwing said. “While we may not have all the answers today, regarding a specific design element or timing, we remain committed to being open and transparent with community, as we have been with our other local projects.”

Irwing said the company intends to ensure its projects continue to be consistent with Cheyenne’s “long-term growth vision and land-use planning objectives.”

“This will allow us to move forward in a coordinated way with infrastructure,  utilities, and development standards under city jurisdiction,” she said. “Together, the proposed business park zoning, the future land-use amendment, and the eventual annexation into the city provide a cohesive framework to guide development of the site in a way that aligns with the city’s planning goals.”

The planned infrastructure investments Microsoft will make, meanwhile, will support long-term economic development goals for the region.

“We recognize this is just the first step in a broader, multi-phase process that will include detailed engineering and additional opportunities for public review and input,” Irwing said. “We want to emphasize that Microsoft approaches projects like this with a long-term commitment to the communities where we operate.”

Ultimately, however, all the reassurance didn’t lead to approving recommendations for any of the measures, outside of the recommended agricultural zoning for the large, 3,050-acre Highlands parcel if it’s annexed into the city.

Still, it is the City Council who will make the decision on whether to annex the property and whether to approve the land and zoning use changes. That body has already rejected a moratorium on new data centers, amid rising questions and opposition in the community. 

Councilman Larry Wolfe, who was among councilmen who listened in on the entire session, said that for him, his vote will come down to Microsoft providing better answers for why it wants to annex such a large parcel of land into the city right now, if they don’t have development plans for it looking out 10 years or more.

Without that, “they can’t answer any of the important issues: water, energy, even the number of buildings because everything will have changed from a technology standpoint,” Wolfe told Cowboy State Daily. 

“What is the benefit to the city if we annex now, unless they are going to do some substantial things for the residents?” he asked. “Making (Sen. Cynthia) Lummis a lot richer is not a compelling reason. They failed to persuade the Planning Commission on the zoning changes.” 

Lummis’ family owns the 3,050-acre Highlands parcel that’s part of Microsoft’s future data center expansion plans.

Microsoft meeting 20260601 185712 6 2 26

<title>Cheyenne Planners Recommend Denial For Most Of Microsoft’s Data Center Expansion | Cowboy State Daily</title>

Cheyenne planners are recommending denial of most of the provisions in a huge 3,200-acre Microsoft data center expansion. “This is about 18% of the city’s current size. It overtakes the city,” said one resident during a marathon five-hour hearing Monday.

Cheyenne Planners Recommend Denial For Most Of Microsoft’s Data Center Expansion

Kolby fedore

Kolby Fedore

Crime & Courts

Courts

A Lincoln County contractor could be facing serious criminal charges after allegedly beating a man, threatening him with a shovel, taking his phone and coercing him into signing over a truck and equipment during a daylong 

Lincoln County Sheriff's Deputy Kale McGee outline the allegations in a 12-page affidavit filed Friday and made available Tuesday, seeking charges of aggravated blackmail and battery against Thomas John Robinson.

mother called 911 from Afton, reporting her son had been held against his will and was covered in blood, wrote McGee. 

The sheriff's deputy arrived to find the man wearing a white shirt stained with dried blood. McGee wrote that he also had dried blood near his nose and fresh bruising on his face.

The man claims Robinson arrived at his Thayne-area home around 10 a.m. demanding repayment from a failed equipment deal.

Robinson money, but said he couldn't immediately pay him, and that Robinson could not simply take vehicles and equipment 

He said he "originally owed Robinson $30,000, but Robinson kept bumping the price up.” 

The alleged victim said that Robinson then grabbed him by his sweatshirt collar, threw him to the ground and climbed on top of him, wrote McGee. 

"He popped me,” the man told investigators, later reported pain in his ribs, face, and mouth.

Next, he said Robinson loaded up a trailer and skid steer onto the man's truck and hauled him to a property on Rock Farm Road outside Etna.

[{"type":"text","marks":[{"type":"bold"}],"text":"Threats And A Shovel "}]

Once at the property, the man told investigators that the confrontation escalated, according to the affidavit.

He said Robinson began videotaping him and humiliating him while accusing him of fraud.

In a video taken by a witness, Robinson tells the man, "I honestly can't believe there's people like you around in this world,” the affidavit says. "Every one of us as a god — civilization and a community. 

"Every one of us that's a normal mother f***er that goes and works for their money needs to come together and f***ing catch people like you and string you up and flog you daily." 

In the video, Robinson calls the man a "piece of shit" multiple times, wrote McGee. "Like I said, I got him by the balls. I got him right by the balls; he just forfeited his truck and equipment to me and agreed to do so."

The man claimed Robinson threatened to hit him in the back of the head with a shovel and "bury him,” and also told him that he would come after him if he went to the cops. 

Robinson also allegedly threatened to burn down the man's house with his children inside and to "take him out of the community," again referencing striking him with a shovel, according to the affidavit.

[{"type":"text","marks":[{"type":"bold"}],"text":"Robinson Tells A Different Story"}]

Robinson acknowledged to the sheriff’s office that he confronted the other man over money, but described the encounter very differently.

According to McGee, Robinson told investigators he had been trying for months to recover money he believed was owed to him.

Robinson said he discovered the man had recently acquired a truck, trailer and skid steer despite owing him money.

McGee wrote that Robinson told investigators the man voluntarily drove the equipment to Robinson's property and later agreed to sign over his truck and equipment as collateral 

Robinson denied bloodying the man, telling investigators that he told him he was free to leave and ultimately agreed to work off the debt.

McGee wrote that Robinson produced six invoices totaling $43,589.16 and documents allegedly signed by the man transferring the truck as collateral.

Before investigators arrived at the property to talk to Robinson, they learned that he had an active warrant out to Idaho with full extradition. 

When they told Robinson there was a warrant for his arrest out of Fremont County, Idaho, Robinson began "using vulgar language and became agitated," wrote McGee. "He refused to let me place him in handcuffs behind his back and told me that he had shoulder issues.” 

He was ultimately placed in handcuffs and taken to the Lincoln County Detention Center, but according to the sheriff's department, he is no longer there. 

Court records in Fremont County, Idaho, show Robinson had been facing a felony DUI charge there. 

However, a plea agreement was filed May 28 and the case has been remanded to a lower court, according to a Fremont County District Court clerk. The clerk said the felony charge has been reduced to a misdemeanor and Robinson is expected to enter a plea in the lower court.

[{"type":"text","text":"Robinson is not being held in custody in Idaho."}]

Cowboy State Daily reached out to Fremont County prosecutors about whether Robinson may face any additional charges in Idaho and had not received a response by publication time.

[{"type":"text","marks":[{"type":"bold"}],"text":"Witnesses "}]

Several witnesses interviewed by investigators support portions of the alleged victim's account.

Investigators also reviewed surveillance footage from a nearby Maverik that showed the victim later in the day kneeling on gravel with a cloth pressed against his nose while Robinson spoke on the phone about alleged fraud accusations.

A notary told investigators she notarized paperwork signed by Robinson and the man later that day.

The notary told investigators she sensed tension between the men and had received a text message from the witness who made the video beforehand, one of Robinson's employees, that said, "It's getting intense.”

McGee wrote that he asked the notary if the alleged victim "looked like he was willing to sign these papers," and she said, "Hmm, I mean, he signed.” 

She said he put his driver's license down on the table, and she didn't log anything in her notary book with the state because she "just has to make sure the signature matches the signature on the paper.” 

Lincoln County Attorney Ember Oakley did not return a request by publication time for clarification about Robinson's pending charges in Wyoming.

Lincoln County Sheriffs Office 12 11 25

<title>Lincoln County Man Accused Of Beating, Shaking Down Man Who Owes Him Money | Cowboy State Daily</title>

A Lincoln County man is accused of beating a man to coerce him to sign over a truck and equipment during a daylong shakedown over a debt. “Catch people like you and string you up and flog you daily,” police say the contractor threatens on video.

Lincoln County Man Accused Of Beating, Shaking Down Man Who Owes Him Money

Employee kate meadows cropped

Kate Meadows

Wyoming Life

Sports

A Bozeman, Montana, woman has returned home following a 24-day hospital stay after her hand was ripped off in a terrifying horse accident at the Montana State University rodeo practice arena.

Presley Whitaker, wife of Montana State University Head Rodeo Coach Kyle Whitaker, arrived home from Salt Lake City via a private last Thursday, nearly a month after the May 4 accident.

She came home wearing a neck brace, having also suffered a broken jaw in the altercation, and her right arm tucked into a black sling, without her hand.  

“She’s still in a lot of pain,” Kyle Whitaker told Cowboy State Daily.

The reality of hard days ahead started sinking in for the mother of two when she arrived home and saw her saddles for the first time since the accident, Kyle said.

“She’s really frustrated,” he said, adding, “that’s part of the process.”

[{"type":"text","marks":[{"type":"bold"}],"text":"The Accident"}]

On May 4, Presley was pen roping a young horse — a horsemanship technique that teaches young horses how to handle cattle and grow accustomed to working with a rope — when the horse she was on threw her and took off.

[{"type":"text","text":"Presley was dragged behind with her right hand wrapped in the rope. "}]

She was thrown into a fence, which broke her jaw and severed her hand, Kyle said.

Kyle was moving some other horses out of the way of where his wife was working when he heard a commotion. 

He said he was a couple hundred yards away and didn’t see what happened, but his assistant coach, Savanna Bolich, saw the whole thing.

[{"type":"text","text":"She called out to Kyle and then called 911."}]

[{"type":"text","text":"Kyle ran to his wife."}]

“I was holding Presley and I really thought she was going to die,” he told Cowboy State Daily.

Two members of the MSU rodeo team who were there searched for the missing hand and found it outside the arena.

“The boys, they had to go find her hand — it had gotten thrown out of the arena,” Whitaker said. “It’s big stuff for college kids.”

Presley was taken by ambulance to a local hospital and then flown by helicopter to Salt Lake City.

That was the only way she stood a chance of getting her hand reattached, Kyle recounted.

[{"type":"text","text":"However, the damage proved too severe for surgeons to reattach her hand."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"MSU Family Springs Into Action"}]

Dean Folkvord was getting on a plane to Italy when he heard about the accident.

Folkvord is president of the Chute Boss Club, an organization that supports MSU’s rodeo team by donating and raising money to cover travel, equipment and ways to enhance the college rodeo experience.

Right away, he reached out to members asking how the club could best support the Whitaker family.

The most immediate need: get Presley’s husband and mother to Salt Lake City as fast as possible.

“They were lining up planes and getting that all taken care of,” Kyle said.

Kyle was flown to Salt Lake City in a private plane owned by Brett Walker of Walker Excavation. Walker is a member of the Chute Boss Club.

“He grabbed Kyle and got him down there,” Folkvord told Cowboy State Daily.

The Chute Boss Club rounded up another private plane to pick up Presley’s mother in Minnesota.

“We grabbed her and got her to Salt Lake City,” Folkvord said. “It was a pretty spectacular situation to get them both there. Presley’s situation was unknown at the time.”

Kyle said the fast, respond-at-any-cost support from the Chute Boss Club was amazing.

[{"type":"text","text":"“It just shows how generous people are around here,” he said."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"‘Just Working With A Horse"}]

When Kyle recounted the horrific event to Cowboy State Daily, he spoke as if his wife were performing a routine task.

“She was just working with a horse,” he said. “It was the first day she could get out in the arena and do some stuff.”

The accident happened the first day after the college rodeo season was over in the arena the MSU rodeo team uses to practice. 

The Whitakers live on site at the MSU rodeo practice arena, and Kyle said his wife rides out there almost every day.

“She was just wanting to pen rope on a young horse,” he said. “I just sorted off a couple (of horses) for her to (work with).”

[{"type":"text","text":"What caused the horse to spook and throw her off remains a mystery."}]

“Nobody really knows what happened,” Kyle said. “She just somehow got thrown off. The rope must have half-hitched around her arm. That’s the only thing I can think of.”

According to Kyle, Presley was using only a breakaway rope when the accident occurred. A breakaway rope is a type of lasso used primarily in women’s and youth rodeo events. The rope is tied to the saddle horn.

Presley grew up around horses in southwestern Minnesota. For years, she competed in rodeo events and even climbed atop a bull once at a high school rodeo.

Kyle stayed with his wife for the first week she was in the hospital while friends cared for their two young daughters back in Bozeman. 

[{"type":"text","text":"Presley underwent multiple surgeries on her right arm and her jaw."}]

In a May 25 Facebook post, Whitaker shared an update on Presley’s condition, writing, “I spent the afternoon with Presley yesterday and I’m so impressed with her attitude and determination. Guess I shouldn’t be too surprised from the girl who once rode a bull.”

May 4, the day of the accident, also happened to be the first day of finals week at MSU.

That meant Kyle didn’t get to see most of his 50-plus-member rodeo team before they took off for the summer.

Still, he said, he heard from almost all of them. They signed cards for his family

“That’s pretty neat,” he told Cowboy State Daily. "Everybody says it’s one big family at MSU, and that’s because it is.”

Casey Rae Sellers coaches the Gillette College Rodeo team and knows Kyle through coaching. They have some mutual friends.

[{"type":"text","text":"“The rodeo world is small,” Sellers said."}]

“I know that the Whitakers are great people,” she said. “They’re strong in their faith and strong as a family and if anybody can get through this it’s going to be them.”

Kyle is described as “one of professional rodeo's most decorated athletes with expertise in all event areas” on the Montana State University website.

[{"type":"text","marks":[{"type":"bold"}],"text":"Bittersweet Homecoming"}]

On May 28, Presley arrived home via another private plane owned by another local businessman and member of the Chute Boss Club.

The private flight home, courtesy of local businessman Mark Bretz of Bretz RV, cut down on travel time, Kyle said.

“I don’t think I ever even met that guy,” Kyle said. “He was just another guy who wanted to help. It’s amazing.”

A Bozeman woman is home following a 24-day hospital stay after her hand was ripped off in a terrifying horse accident at the Montana State University rodeo practice arena. “The boys, they had to go find her hand,” said her husband and MSU rodeo coach.

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