Cheyenne City Council Meeting – November 27, 2023

The Cheyenne City Council met on Monday, November 27, 2023 at 6:00 p.m. in Council Chambers. All eleven council members were present. The agenda included consent items, multiple ordinances and resolutions addressing housing affordability, zoning changes, a forced annexation of county pockets, employee salary adjustments, and a memorandum of understanding for the restoration of Old Sadie steam locomotive. Public testimony was heard on several items.

Consent Calendar

• The consent agenda was approved with items 18 (Resolution for salary adjustments to 116 non-uniformed employees) and 27B (Memorandum of Understanding for Old Sadie restoration) removed. Councilmembers Dr. Rennie and Mr. Johnson voted against the consent agenda.

Public Comments & Testimony

• Item 6 – Mobile storage container and roll-off dumpster ordinance: Rick Fierro (Ram Trucking Inc.) and James Bowers (Lynn Meis Houses) opposed the inclusion of roll-off dumpsters, stating that the permit process burdens homeowners and contractors and disincentivizes cleanup projects. Mr. Fierro warned that added regulation may increase illegal dumping.
• Item 8 – Façade design requirements: Dan Dorse (Habitat for Humanity of Laramie County, Affordable Housing Task Force) supported reducing the 30% brick/stone requirement, noting that 1,800 people are on the Cheyenne Housing Authority waiting list and that material costs hinder affordable housing development. Seth Lloyd (Planning & Development) explained the ordinance stemmed from Affordable Housing Task Force recommendations. Ansley Mao (architect) and Jason Stephen (Gateway Construction) argued against percentage-based material mandates, advocating that design professionals should determine aesthetics. In response to a council question, Mr. Stephen said market forces and tenant demand naturally encourage quality design. Charles Bloom (Planning & Development) noted that the 30% brick/stone requirement adds approximately $400,000 to a 100-unit development.
• Items 10 & 11 – Annexation of county pockets: April Bremer Coons asked about retaining private dumpster service. Jack Knutson opposed forced annexation, citing loss of freedoms. Bill Weaver raised concerns about preserving nonconforming uses (e.g., trapping, bees, shooting, solid waste disposal) and noted conflicts with city codes. Mayor Collins explained the city’s rationale: improved fire response, faster emergency medical services, septic system assistance, voting secrecy, and police response.
• Item 27B – Old Sadie restoration MOU: Councilman Laborne questioned the project’s value and impact on parking; Councilman Seagrave suggested using the $480,000 to move the “Big Boy” locomotive instead; Dr. Aldridge raised concerns about asbestos and moving safety.

Discussion Items

• Item 6 - Mobile storage container ordinance (3rd reading): A substitute amendment extending the permit-free period from 30 to 90 days failed. The main motion was postponed for two weeks because the proposed substitute was not published online correctly, preventing public review. The vote to postpone passed (Mr. Johnson and Mr. Escobel dissenting).
• Item 7 - Zoning change from MUB to CB (3rd reading): Approved unanimously to allow a storage lot and detention facility.
• Item 8 - Façade requirements (2nd reading): A substitute from the Public Services Committee (requiring two primary materials but no percentage) failed. The main motion, which would have removed all brick/stone percentage requirements, failed 1–10 (only Mr. Johnson voted yes). The existing UDC requirements remain in effect.
• Item 9 - Zoning change to MUB at Dell Range and Whitney (2nd reading): Approved to allow mixed-use and residential development.
• Items 10 & 11 - Annexation and zoning for county pockets (2nd reading): Both approved. Dr. Aldridge voted against the annexation ordinance. The zoning ordinance was approved unanimously. Discussion included statutory protections for nonconforming uses and the city’s offer to memorialize uses.
• Items 12-16 - First readings: All were referred to the Public Services Committee without objection.
  • Item 12: Reduce window requirements for urban lofts.
  • Item 13: Remove minimum lot area requirements.
  • Item 14: Remove density requirements for multi-dwelling buildings.
  • Item 15: Reduce required parking for multifamily.
  • Item 16: Amend animal control code.
• Item 18 - Salary adjustments for 116 non-uniformed employees: Removed from consent. A motion to postpone for two weeks failed (4-7). The resolution was adopted unanimously. Council members expressed concern about potential missed employees, but administration noted the matrix was reviewed by all department heads and that employees can raise issues through the Position Advisory Council.
• Item 23 - 201 agreement exception for septic tanks: A substitute allowing a small office to use the same septic system was approved. The amended resolution adopted unanimously.
• Item 27B - MOU with Cheyenne Depot Museum for Old Sadie restoration: Approved 6-3 (Seagrave, Aldridge, Labourne dissenting). Funding of $480,000 is an advance from a charitable fund; actual restoration costs are estimated at $360,000 (including $35,000 asbestos abatement, $275,000 renovation, $50,000 transport). Councilman Laborne questioned the project's value; Councilman Seagrave preferred moving Big Boy; staff stated the EDA grant extension would be delayed if not approved.
• Item 31 - Voucher and Revenue Reports: Dr. Aldridge questioned Amazon purchases vs. local vendors; staff cited cost savings. Mr. Johnson requested profit details for Rob Schneider and Three Dog Night concerts.

Key Outcomes

• Consent agenda approved (with items 18 and 27B removed).
• Mobile storage container ordinance postponed two weeks to allow proper public notice.
• Zoning change (MUB to CB) for Sunnyside Addition approved.
• Façade design requirement ordinance failed – existing rules remain.
• Zoning change for Dell Range/Whitney approved.
• Annexation of county pockets and corresponding zoning approved.
• First-reading housing/animal ordinances referred to Public Services Committee.
• Resolution for salary adjustments for 116 non-uniformed employees adopted.
• Resolution granting exception to 201 agreement for septic tanks adopted as amended.
• Memorandum of Understanding for Old Sadie restoration approved.
• Public hearing scheduled for December 11, 2023 at 6:00 p.m. on annexation compliance for 5.91 acres west of Polk Avenue.