Cheyenne City Council Regular Meeting - March 13, 2023

The Cheyenne City Council met on March 13, 2023 at 1:00 PM for a regular meeting. Key items included a high-profile zoning dispute, approval of several ordinances, and extensive public comment on a proposed lease for a new animal impound facility. The meeting ran approximately four hours and included public hearings, multiple readings of ordinances, and committee referrals.

Consent Calendar

• The consent agenda (items marked [CA]) was approved unanimously. This included approval of the February 27, 2023 meeting minutes, a resolution to discharge uncollectible debts, a resolution prioritizing downtown 6th Penny Tax projects, a resolution regarding Impact Assistance Funds for the Gold King mine application, a labor agreement with Cheyenne Firefighters, a professional services agreement with McGee, Hearne & Paiz (not to exceed $180,850), several agreements and leases (HollyFrontier sponsorship, umpires, right-of-way license, gymnastics facility plans, fiber optic easement, Meals on Wheels lease), and several bid awards (sanitation transfer station reroof, used SUVs, litter fences, refuse carts, fire engine).

Public Comments & Testimony

• Public Hearing – Annexation at 908 Southwest Drive: Staff reported the 3.47-acre property met annexation conditions. No public comment. Councilman Aldrich inquired about neighbor notifications; staff confirmed 300-foot notification was sent for the associated zone change with no comments received.
• Public Hearing – Zoning Change for Ridge Road/Holland Court: Over 25 residents and stakeholders spoke. Most neighboring residents opposed the high-density NR-3 zoning, citing drainage concerns, traffic (estimated 279 additional cars on Holland Court), compatibility, and property values. Speakers supporting the project included the SE Wyoming Builders Association, Gateway Construction/Bedrock Development representatives, and several professionals who argued the housing shortage and need for workforce housing justified the density. The developer offered to reduce building height to two stories for the first 120 feet and committed to addressing drainage.
• Public Comment on Animal Shelter Lease: During “Other Business,” nearly 20 residents spoke against the city’s plan to sign a lease for a new impound facility and cancel the contract with the Cheyenne Animal Shelter (CAS). Speakers included representatives from Black Dog Animal Rescue, CAS staff and volunteers, and residents who praised CAS’s services and urged renegotiation. No one spoke in favor of the lease.

Discussion Items

• Zoning Change – Ridge Road/Holland Court (Item 7): The council considered third reading of an ordinance to rezone ~10 acres from A-1 Agriculture to NR-3 (Neighborhood Residential High Density). Councilman Laybourne explained his no vote, citing neighborhood compatibility and the planning commission’s 4-3 denial. Councilwoman Aldrich and Councilman Escobel supported the project, citing housing needs and the developer’s community engagement. Councilman Cook moved to amend to MR (Medium Residential), but that amendment failed 4-5. The main motion for NR-3 then failed 7-2 (with one absence counted as no), needing 8 votes.
• UDC Enforcement Amendments (Item 8): Ordinance to strengthen enforcement of site plan landscaping requirements, with a substitute removing revocation as a penalty. Approved unanimously.
• Zone Change – Old Happy Jack Road/Lincolnway (Item 9): Third reading to rezone from MUB and CB to CB. Approved unanimously.
• Sunnyside Annexation and Zoning (Items 10, 11): Second reading to annex five county pockets and rezone them from County MU to MUB and CB. Approved unanimously.
• Final Plat – Dell Range Addition (Item 15): Resolution to approve final plat consolidating parcels. Approved 8-1 (Councilman Laybourne opposed).
• MOU with Granite Peak/Swan Ranch (Item 19c): Memorandum of Understanding to pay past development fees and restate agreements. Approved with a substitute clean-up.
• MOU with Downtown Development Authority (Item 19d): Agreement for city to provide administrative and marketing staff to DDA. Approved with a substitute removing a $250,000 mill levy transfer.
• Liquor License Renewals (Item 21a): Renewed all except Poor Richards (ownership change) and Dog House (permanent closure). Those two died without a second.
• Union Pacific Railroad Donation (Item – Reconsideration): Reconsidered and approved a donation agreement for four railroad cars, with a substitute incorporating Union Pacific’s requested changes (virtual closing, Wyoming choice of law, etc.). Approved 8-2 (Councilman Laybourne and Aldrich opposed).
• Novo Benefits Prescription Drug Program (Reconsideration): Moved to postpone for two weeks to address employee concerns; approved unanimously.

Key Outcomes

• NR-3 Zoning Change Denied: The requested high-density residential zoning for the Ridge Road/Holland Court property failed to achieve the required supermajority (7-3). The land remains without city zoning, pending further action.
• Seven Ordinances Approved: Amendments to the UDC (Item 8), zone change at Old Happy Jack Road (Item 9), annexation and zoning for Sunnyside pockets (Items 10-11), final plat (Item 15), MOU with Granite Peak (19c), MOU with DDA (19d), and Union Pacific donation (reconsidered) all passed.
• Liquor License Renewals: All eligible renewals approved; two removed.
• Novo Benefits Postponed: Program for specialty prescription drug advocacy delayed two weeks for further review.
• Next Steps: The animal shelter lease (Item 19j on the agenda) was not voted on; public comment urged negotiation. Council President Johnson noted it would likely be discussed at the March 20 Finance Committee and March 27 regular meeting.