Cheyenne City Council Meeting - July 10, 2023

The Cheyenne City Council convened on July 10, 2023, at 6:00 PM in Council Chambers. The meeting covered a wide range of legislative items including ethical obligations, building codes, annexations, zoning changes, a camping ordinance, outside water user agreements, blight designations, and multiple resolutions. Several items drew extended public comment and debate, with notable votes on an ethics ordinance, a camping ban, and a water service agreement.

Consent Calendar

• Approved the consent agenda (items marked [CA]) with the removal of items 21, 22, 26A, and 28A upon request of council members. The consent agenda included: minutes of June 26, 2023; a resolution amending the Comprehensive Consolidated Plan; a resolution for a final plat for Sunrise Hills North Subdivision; a resolution for a final plat for Christensen Park, 2nd Filing; a resolution for a Transportation Alternatives Program grant application; a resolution certifying a Future Land Use map change; a memorandum of understanding for the Cheyenne Historic Preservation Board; a purchase and sale agreement for Storey Boulevard right-of-way; a utility easement agreement; a professional services agreement for greenway connector design; an intergovernmental agreement with Laramie County School District #1; consideration of bids for a transfer station lift station and compost facility waste hauling; and a bar and grill liquor license application (28A was removed and considered separately).

Public Comments & Testimony

• Item 15 (Protest Petitions): Multiple residents spoke. Rebecca Murchy (3222 Thomas Road) opposed the change, arguing it restricts resident input and favors developers. Elizabeth Staple (3305 Thomas Road) requested Dr. Rennie recuse himself due to a perceived conflict of interest with AVI Construction. Peggy (3231 Smith Place) found the mapping confusing and questioned the need for change. Jason Stephen (Bedrock Development) and Dan Dorsch (Habitat for Humanity) supported the ordinance, citing alignment with state statute and clearer petition forms.
• Item 16 (Camping in Public Places): Numerous residents and business owners testified in favor of the ordinance. Del Schofield (Floyd's Truck Center) described theft and safety issues near Crow Creek. Robert McDaniel (Trails End HOA) reported encampments, fires, and unsanitary conditions. David Dillon (McCannless Truck Center) noted decreased use of the greenway and harassment. Billy Hopka (E 6th Street) and Kathy (Trails End) presented photos of trash, fires, and damage. Chris Tavera (618 Broken Wheel Court) highlighted health concerns from smoke. All urged the council to pass the ordinance to address the growing problem.
• Item 18 (Ironhorse Water Service): Matt Kaufman (Ironhorse Capital) argued the project would provide higher-density housing, support economic development, and use only 8.25 acre-feet of water annually out of 8,000 available. He noted the county required an outside user agreement and that the development would not be annexable. Several council members questioned water supply and precedent.
• Item 20 (Jolly Rogers Blight Declaration): Dan Dorsch (Habitat for Humanity) supported the resolution as a tool for economic development and potential housing. Kelly Davis (Cheyenne Masonic Building Association) spoke in favor of the MOU for the Masonic Temple assessment, noting the building's historic significance and need for renovation.
• Item 23 (Air Force Base Annexation): Michael White expressed concerns about services and tax implications, and noted he had contacted federal representatives.

Discussion Items

• Item 6 (Ethical Obligations Ordinance – 2nd Reading): The council debated amendments to strike certain sections and to adjust the code. After three amendments were approved (each with Mr. Roybal and Mr. Johnson voting no), the main motion failed on a 5-5 vote (Mr. Cook, Mr. Roybal, Dr. Rennie, Mr. Johnson, and Mayor Collins opposed).
• Item 7 (National Electrical Code Update – 3rd Reading): Approved on third reading with Mr. Johnson voting no. Mr. Johnson expressed concern that the budget impact would impede construction.
• Items 8-13 (Annexations and Zoning Changes): All approved on third reading with unanimous or near-unanimous votes. These included annexations at Thomas Road/Ridge Road, Rawlins Street/Cleveland Avenue, and zoning designations for those properties and others (Christensen Park, Holland Court/Ridge Road).
• Item 14 (Unified Development Code Amendments – Annexation/Zoning): Approved on third reading unanimously.
• Item 15 (Protest Petitions Ordinance – 3rd Reading): After extensive public comment and a failed amendment to increase the protest threshold from 20% to 50% (motion died), the ordinance was approved on third reading with Dr. Aldridge and Mr. Layborn opposed.
• Item 16 (Camping in Public Places – 2nd Reading): The council heard testimony from the public and from Director Fountain (Compliance), who stated the department could support the ordinance but noted enforcement challenges, including the need to balance constitutional rights. Councilman Layborn emphasized the unique situation along Crow Creek. The ordinance was approved on second reading with Mr. Johnson voting no. A substitute version was expected for committee review before third reading.
• Item 17 (Zoning Map Amendment – HI/AG to LI – 1st Reading): Referred to the Public Services Committee.
• Item 18 (Ironhorse Water Service Resolution): The motion to adopt failed on a 5-5 vote (Mr. Seagrave, Mr. Roybal, Mr. Layborn, Dr. Aldridge, Mr. White opposed). Opponents cited water scarcity concerns and the permanent nature of the agreement. Supporters noted the small water usage and potential for growth.
• Item 20 (Jolly Rogers Blight Declaration): Approved with Mr. Layborn and Dr. Aldridge opposed. Councilman Seagrave questioned the need for a blight designation for a previously productive property. Staff explained the site had deteriorated conditions and access issues. Councilman Layborn expressed concern about taking on multiple URA projects without seeing results from existing ones.
• Item 21 (Sunrise Hills North Final Plat): Approved unanimously.
• Item 22 (Christensen Park Final Plat): Approved unanimously.
• Item 23 (Air Force Base Annexation Initiation): Approved as amended (substitute legal description) with unanimous support. Councilman Layborn and Dr. Rennie asked about historical efforts and future steps. Staff indicated a timeline by end of 2023.
• Item 26A (Masonic Temple MOU): Approved unanimously. Mr. Davis and Mr. Olson described the building's historic value and the need for an assessment to secure grants.
• Item 28A (Bar and Grill Liquor License – Wyoming Downs): Approved. Dr. Rennie noted that only five bar and grill licenses remain and suggested that some businesses with retail licenses could be converted to free up more licenses.

Key Outcomes

• Ethics Ordinance (Item 6): Failed on second reading (5-5 vote).
• National Electrical Code (Item 7): Approved on third reading (9-1, Mr. Johnson no).
• Annexations and Zoning (Items 8-13): All approved on third reading.
• UDC Annexation/Zoning Amendment (Item 14): Approved on third reading (unanimous).
• Protest Petition Ordinance (Item 15): Approved on third reading (8-2, Dr. Aldridge and Mr. Layborn no).
• Camping in Public Places (Item 16): Approved on second reading (9-1, Mr. Johnson no).
• Ironhorse Water Service (Item 18): Motion to adopt failed (5-5).
• Jolly Rogers Blight Declaration (Item 20): Approved (8-2, Mr. Layborn and Dr. Aldridge no).
• Final Plats (Items 21, 22): Approved.
• Air Force Base Annexation Initiation (Item 23): Approved as amended (unanimous).
• Masonic Temple MOU (Item 26A): Approved.
• Wyoming Downs Liquor License (Item 28A): Approved.
• Next Meeting: July 24, 2023, at noon (instead of 6:00 PM) in Council Chambers and via electronic conference.