Cheyenne City Council Meeting – August 28, 2023

The Cheyenne City Council met on August 28, 2023 at 6:00 p.m. in Council Chambers, 2101 O'Neil Avenue, to consider a consent agenda, hold a public hearing, and vote on multiple ordinances, resolutions, and contracts. The meeting lasted approximately three hours and featured extensive public testimony on a proposed plastic bag ban.

Consent Calendar

• Approved the minutes of the August 14, 2023 regular meeting.
• Approved a resolution re-appropriating the FY2023 budget.
• Approved a resolution supporting the establishment of an Urban Renewal Authority Fiduciary Fund.
• Approved a resolution accepting a FEMA Assistance of Firefighters Grant of $387,043.63 (with a $38,704.37 city match) for breathable air fill stations.
• Approved a resolution supporting conversion of a portion of Dutcher Ball Fields and committing to a replacement property.
• Approved a resolution approving the West Downtown Urban Renewal Plan and Project.
• Approved a resolution accepting the Dry Creek Drainage Master Plan Update.
• Approved a grant agreement with the Federal Transit Administration for $2,418,763 for transit operations.
• Approved a professional services agreement with Wilson & Company for Pershing Blvd. and Windmill Rd. intersection and signal design ($180,182).
• Approved a real estate purchase agreement for 700 Gettysburg Drive.
• Approved a contract with Laramie County for juvenile probation services.
• Approved a professional services agreement with Volunteers of America for detox services.
• Approved a human services agreement with United Way of Laramie County.
• Approved a professional services agreement with Safe Harbor for abuse-affected families.
• Approved a professional services agreement with Ayers Associates for West Crow Creek Greenway Plan.
• Approved a memorandum of understanding with Wyoming Housing Network for affordable housing at Robin's Point Apartments.
• Approved an amendment to the animal control services contract with Laramie County.
• All consent items were approved by unanimous voice vote.

Public Comments & Testimony

• Plastic Bag Ban (Ordinance 13): 23 speakers addressed the council. Twenty opposed the ban, citing economic burden on low-income families, increased costs for retailers, the reuse of bags for household purposes, lack of environmental benefit, and concerns about government overreach. Three spoke in favor, emphasizing environmental harm from plastic waste, microplastics, and the need to protect wildlife and livestock. The Chamber of Commerce encouraged removing the fee portion. The American Recyclable Plastic Bag Alliance provided data showing 77% of bags are reused. One speaker noted that the Wyoming Tribune Eagle and KGAB poll showed 67% of respondents opposed the ban.
• Neglected Structure Ordinance (Ordinance 9): Two speakers: Millward Simpson (Chair, Cheyenne Historic Preservation Board) explained the ordinance's intent to prevent demolition by neglect; Kathy S. expressed concern about elderly homeowners and asked about hardship provisions. Mr. Simpson confirmed an economic hardship clause exists.
• West Downtown Urban Renewal Plan: No public comments were offered.

Discussion Items

• Ordinance 7 – Police Terms and Conditions (3rd Reading): Annual update for sworn officers, with minor changes to court call-out pay. Approved 10-0.
• Ordinance 8 – Conflict of Interest Policy (3rd Reading): Creates a policy for city employees and immediate family members as required by state law. Approved 10-0.
• Ordinance 9 – Neglected Structure (3rd Reading): Councilmember Laybourn moved to postpone for two weeks, citing need for clarification on economic hardship, city repairs, and property liens. The motion passed, and the ordinance was postponed to the September 11, 2023 meeting.
• Ordinance 10 – DDA Special Election (2nd Reading): Authorizes a ballot question on October 18, 2023 for a 20-mill levy over four years for downtown improvements. Laybourn urged support, noting recent successes. Approved on second reading.
• Ordinance 11 – Frontier Mall Zoning Change (2nd Reading): Changes one lot from PUD to CB to allow Dickey's Barbecue to build a standalone restaurant with more parking. Approved on second reading.
• Ordinance 12 – Sweetgrass PUD Amendment (2nd Reading): Modifies standards for the Sweetgrass development to allow road network adjustments, golf course relocation, and more workforce housing. Approved on second reading.
• Ordinance 13 – Plastic Bag Ban (2nd Reading): After extensive debate, the council considered amendments to delay the effective date to July 1, 2024 (passed 7-3) and to remove the 10-cent fee (failed 5-5). The main motion to approve on second reading failed with 5 votes in opposition (Seagrave, Cook, Laybourn, Aldridge, White).
• Ordinance 14 – Manufactured Homes (1st Reading): Sponsored by Cook, amends UDC to allow manufactured homes on single platted lots. Referred to Public Services Committee.
• Ordinance 15 – Building Permit Fee Incentives (1st Reading): Sponsored by Aldrich, Johnson, and White, creates incentives for attainable housing and historic preservation. Referred to Public Services Committee.
• Professional Services Agreements (Items 22c, d, e): Approved for Parks and Recreation Master Plan (Design Workshop, Inc.), Laramie County Roads Impact Fee Study (TischlerBise, $97,840), and US 30/Pershing Blvd. cooperative agreement with WYDOT ($2,823,800).
• Appointments: Reappointed Wendy Soto and JC Manalo to the Housing and Community Development Advisory Council; appointed Heather Hirsch to the Mayor's Council for People with Disabilities. All approved.

Key Outcomes

• Consent Agenda: Approved as listed.
• Ordinance 7 (Police Terms): Approved on third reading.
• Ordinance 8 (Conflict of Interest): Approved on third reading.
• Ordinance 9 (Neglected Structure): Postponed for two weeks (to September 11, 2023).
• Ordinance 10 (DDA Election): Approved on second reading.
• Ordinance 11 (Frontier Mall Zoning): Approved on second reading.
• Ordinance 12 (Sweetgrass PUD): Approved on second reading.
• Ordinance 13 (Plastic Bag Ban): Failed on second reading (5-5 tie).
• Ordinance 14 (Manufactured Homes): Referred to Public Services Committee.
• Ordinance 15 (Building Fee Incentives): Referred to Public Services Committee.
• Professional Services Agreements: Approved for Parks Master Plan, Impact Fee Study, and US 30 cooperative agreement.
• Appointments: Approved as recommended.
• Announcements: Public hearing on Dry Creek Master Plan set for September 11, 2023; Committee meetings rescheduled due to Labor Day holiday.