Cheyenne City Council Meeting - September 27, 2023

Note: The agenda and raw transcript indicate the meeting occurred on September 25, 2023, but the provided metadata specifies September 27, 2023. This summary uses the date provided in the metadata.

The Cheyenne City Council met on September 27, 2023, at 6:00 a.m. in Council Chambers. The meeting covered a wide range of topics including building permit incentives for affordable housing and historic preservation, zoning changes, a budget reappropriation, leases for a gymnastics facility, and public safety concerns on Gardenia Drive. The council also heard public testimony on the National Cemetery access road issue and approved several consent agenda items.

Consent Calendar

• Minutes from the regular meeting of September 11, 2023, were approved.
• Resolution re-appropriating the Fiscal Year 2024 budget (Item 11) was removed from the consent agenda by Councilman Royble for separate discussion.
• Lease agreement with GBP, LLC for property at 6725 Faith Drive (Item 20B) was removed by Councilman Laybourn for separate discussion.
• Resolution supporting the designation of the High Plains Arboretum as a State Historic Site was adopted.
• Resolution certifying compliance for city-initiated annexations in northwest Cheyenne and near Horse Creek Road was referred to the Public Services Committee.
• Resolution for temporary traffic control devices on Gardenia Drive and a study of speeding/red-light running were referred to the Public Services Committee.
• Contracts and leases (Items 20a, 20c–20f) were approved or referred as noted in the agenda.
• Bids (Items 21a–21d) for fire station furniture, fire apparatus equipment, concrete repairs, and emergency blue light call stations were referred to the Finance Committee.

Public Comments & Testimony

• Stephanie Lowe (preservation specialist) expressed full support for the ordinance creating incentives for attainable housing and historic preservation. She noted that the program is optional for property owners and only regulates exterior changes in historic districts, and that historic districts stabilize property values.
• Dan Dorsch (Vice Chair of the Cheyenne Affordable Housing Task Force and Executive Director of Habitat for Humanity of Laramie County) expressed support for the ordinance as a tool to address the housing crisis.
• Ed Calavati (retired Navy officer, representing veterans) requested funding for a compaction test, survey, and design specifications to pave the dirt road accessing the National Cemetery west of Cheyenne. He reported the cemetery averages five internments per week.
• Larry Pach (veteran, member of multiple veterans' organizations) supported the National Cemetery road project, highlighting that the road is dangerous for funeral processions and emergency vehicles. He noted that the honor guard's average age is 74 and that first responders once had to cut fences to reach a fallen guard member.
• Kevin Steele, Bonnie Cruz, Kay Nation, Carol Davinroy, Leslie Conigan, and Alana Grinnell (residents and business owners near Gardenia Drive) all expressed urgent concern about speeding on Gardenia Drive. They cited a mean speed of 37.6 mph (posted 30 mph), a recent death threat to a family with a “Slow Down” sign, a daycare with 200 children, a gymnastics program with 400–600 kids, and a dance studio. They requested crosswalks, speed bumps, or other safety measures. Ms. Davinroy noted that a 2021 traffic study was done during COVID and before recent apartment developments, and that a 100-pedestrians-per-hour warrant for a crosswalk seems unattainable.

Discussion Items

• Ordinance – 3rd Reading: Building Permit Fee Incentives for Attainable Housing and Historic Preservation – The ordinance rebates building permit fees for historic properties in historic districts and for affordable housing (80% AMI or lower). After public comment, the council voted unanimously to approve on third reading.
• Ordinance – 2nd Reading: Zoning Change from MUB to Public for Back 40 Subdivision – The change is needed for a future gymnastics facility adjacent to the Ice Event Center. Councilman Cook asked about the timeline; Jason Sanchez (Community Recreation) said design is nearly complete, bidding in the next few weeks, with a goal of completion in 2024. Approved on second reading.
• Ordinance – 2nd Reading: Zoning Change from CB to MUB for Hitching Post Plaza Lots – A substitute motion removed lots 7 and 8 from the change due to sewer infrastructure concerns. After discussion, the substitute was adopted and the ordinance approved as amended.
• Ordinance – 2nd Reading: Wastewater Treatment and Disposal Code Amendments – Approved without discussion.
• Ordinance – 1st Reading: Mobile Storage Containers on Public Right-of-Way – Referred to the Finance Committee.
• Resolution – Reappropriating FY2024 Budget – A controversial amendment to remove $720 for a city-issued cell phone for Councilman Laybourn was debated. Councilman Laybourn argued that using his personal phone for city business subjects his private device to public records requests. Councilman Royble moved to remove the $720, noting council members receive a stipend. The amendment passed on a voice vote (Clerk noted ayes had it, but Councilman Seagrave, Laybourn, and Dr. Aldrich voted no; Mayor Collins abstained). The main motion was then approved as amended.
• Resolution – Final Plat for R&R at Sweetgrass – Originally planned for a hotel/convention center, now replatted into 10 commercial lots. A substitute map (renumbering lots) was adopted. Approved as amended.
• Resolution – Final Plat for Hitching Post Plaza 3rd Filing – A substitute map combined lots 6, 7, and 8 to address sewer language. Approved as amended.
• Lease Agreement – 6725 Faith Drive – Temporary lease for the gymnastics program (400 kids, 260 on waitlist) after losing use of a school facility. A substitute lease was negotiated (changes to indemnification, attorneys’ fees, and right of first refusal). Councilman Laybourn questioned procedure; Mayor Collins clarified the item was intentionally pulled for discussion. Approved as amended.
• Appointments – Brian Bau to Downtown Development Authority, David Johnson to Cheyenne Housing Authority, and Jeff Fassett to Board of Public Utilities were approved unanimously.
• Gardenia Drive Speeding – Councilman Cook noted that Resolution 18 (temporary stop signs) was referred to committee but City Attorney Boster said it would be illegal per state statute and the Manual on Uniform Traffic Control Devices. Councilman Cook also mentioned a pending resolution for automated traffic cameras. Residents expressed frustration that studies are ongoing and no solution is imminent.

Key Outcomes

• Ordinance 6 (Building Permit Incentives) – Approved on third reading unanimously.
• Ordinance 7 (Back 40 Zoning) – Approved on second reading.
• Ordinance 8 (Hitching Post Zoning) – Approved on second reading as amended (substitute removing lots 7 and 8).
• Ordinance 9 (Wastewater Code) – Approved on second reading.
• Ordinance 10 (Mobile Storage Containers) – Referred to Finance Committee.
• Resolution 11 (Budget Reappropriation) – Approved as amended (removed $720 for council cell phone).
• Resolution 13 (R&R Sweetgrass Plat) – Approved as amended.
• Resolution 14 (Hitching Post Plat) – Approved as amended.
• Lease 20B (6725 Faith Drive) – Approved as amended.
• Appointments 22A – Approved.
• Executive Session – Motion carried to enter executive session per W.S. 16-4-405(a)(iii) to discuss confidential litigation information; no further business after session.

Next Steps: The Gardenia Drive traffic study will continue, and the council will discuss automated traffic enforcement at a future meeting. The National Cemetery road design will proceed with geotechnical and survey work funded by the city. The new gymnastics facility lease begins October 1, 2023.