Cheyenne City Council Meeting – December 11, 2023

The Cheyenne City Council met on Monday, December 11, 2023, at 6:00 p.m. in Council Chambers. The meeting included a consent agenda, a public hearing, multiple ordinance readings (third, second, and first), resolutions, and contract approvals. Key topics included annexation, Unified Development Code (UDC) amendments aimed at increasing housing affordability, mobile storage container regulations, and a postponed rewrite of Title 6 (Animals). The meeting ended with an executive session.

Consent Calendar

• Minutes from the November 27, 2023 meeting approved.
• Resolution supporting conversion of a portion of Dutcher Ball Fields to public outdoor recreation and encumbering Rotary Park property.
• Resolution authorizing a 3% cost-of-living salary adjustment for all permanent full- and part-time city employees.
• Resolution re-appropriating the Fiscal Year 2024 Budget.
• Resolution designating local banks as depositories for municipal funds.
• Resolution expressing the will of the Governing Body to hire a Special Projects Manager for 6th Penny Tax projects.
• Resolution authorizing the sale of rails, ties, and rail equipment in Swan Ranch Industrial Park to Granite Peak Development Limited Partnership.
• Resolution authorizing a Capital Construction Loan application to the State Loan and Investment Board for infrastructure supporting F.E. Warren Air Force Base and economic development.
• Minimum Revenue Guaranteed Payment Agreement with Cheyenne Regional Air Service Focus Team (CRAFT) for FY2024, amount not to exceed $500,000.
• Professional Services Agreement with GSG Architecture, Inc. for Municipal Building Spatial Analysis Project ($115,027) – removed from consent, later approved.
• Purchase and Sale Agreement for property at 813 West 23rd Street for Reed Avenue Corridor Project ($161,000).
• Professional Services Contract with Lance & Hall, LLP for public defense services – referred to Finance.
• Purchase and Sale Agreement with Taurus Holdings, LLC for 2.10 acres west of Snyder Avenue – referred to Finance.
• Contract Modification #1 with Z and Z Sealcoating, Inc. for crack seal project ($90,667.16).
• Contract Modification #1 with Sunrise Engineering for 7th Street Drainage and Access Improvements – referred to Finance.
• Contract Modification #1 with HDR Engineering, Inc. for Pedestrian Traffic Safety Study and HAWK System – referred to Finance.
• Consideration to Purchase anti-vehicle barrier and trailer system from Meridian Rapid Defense Group – referred to Finance.
• Consideration to Purchase Axon Body 4 body cameras for Police Department – referred to Finance.

Public Comments & Testimony

• Annexation Public Hearing (Item 6): Bernard Thyerx, property owner on Hayes Avenue, expressed no opposition but asked about road improvements due to increased traffic. No other public comments.
• Mobile Storage Containers Ordinance (Item 7): Multiple speakers opposed inclusion of roll-off dumpsters:
  • Rick Fierro (Ram Trucking) objected to roll-off inclusion, citing 10-day permit requirement as burdensome.
  • Jason Stevens (Gateway Construction) opposed adding roll-offs, calling it unnecessary cost and headache.
  • Edward Ernst (Monument Home Builders) stated roll-offs are moved quickly; 10-day wait is impossible and will lead to trash issues.
  • Dan Dorse (Habitat for Humanity) opposed roll-off addition.
  • Brenda Burkle (My Front Door) raised emergency situation concerns.
  • Joe Patterson (Homes by Guardian / SE Wyoming HBA) supported removing construction dumpsters.
  • Bruce Trimbath (JAI Construction) noted impracticality on small lots and emergency scenarios.
• Zoning Change at Dell Range & Whitney (Item 8): No public comment.
• Annexation of County Pockets (Item 9):
  • Mr. Weaver spoke in support, citing jurisdictional clarity and emergency response benefits. Noted his own fire response took 25 minutes from county.
• UDC Amendments (Items 11-14):
  • Edward Ernst supported reducing facade requirements for blighted areas.
  • Brenda Burkle supported window reduction for multifamily at her property.
  • Ansley Mao (Winters Griffith Architects) provided case study showing excessive glazing in stairwells.
  • Dan Dorse supported all UDC amendments, citing Affordable Housing Task Force recommendations.
  • Jason Stevens supported density and lot size changes.
  • Bruce Trimbath supported removing lot size requirements.
  • Heath Johnson (Cheyenne South High School student) spoke in favor of addressing affordability but cautioned against losing beautiful architecture.
  • Multiple others spoke in favor of parking reduction and removing density requirements.
• Title 6 Animal Code (Item 15):
  • Brittany Tennant (Cheyenne Animal Shelter) stated the shelter had not been involved since January 2023 and received the draft on December 5. She requested 30 days to collaborate. Identified potential conflicts with state statute and increased operational costs.
  • Dr. Sarah Pizzano (Maddie's Million Pet Challenge) echoed the need for collaboration and deferred action.
  • Emily Inkala (Black Dog Animal Rescue) raised concerns about definitions, foster home liability, and fee collection.
• New Year's Eve Open Containers (Item 22): None opposed.
• Dowdle Puzzles Purchase (Item 30A): No public comment.

Discussion Items

• Mobile Storage Containers (Item 7): Council debated amendments. An initial substitute extended the initial permit from 30 to 90 days and clarified renewal timing. A second amendment by Councilman Seagrave deleted roll-off dumpsters from the definition of mobile storage containers. Both amendments passed. The main ordinance then passed on third reading 9-0 (Mr. Roybal and Mr. Johnson voted no on first substitute; final vote unanimous).
• Annexation of County Pockets (Item 9): Extensive debate on non-conforming uses (shooting ranges, fireworks, livestock). City Attorney clarified that use-of-land activities are grandfathered; recreational shooting and fireworks are not uses of land and thus not protected. Councilman Labourne expressed concern about personal shooting ranges. Councilman Dr. Aldrich voted no, citing property rights and impacts on livelihoods. Ordinance passed 10-1.
• UDC Amendments (Items 11-14):
  • Item 11 (window requirements for urban lofts): Councilman Seagrave opposed, arguing current code maintains community appearance and that changes should target only affordable housing. Councilman White and others supported, noting recommendations from Affordable Housing Task Force and Harvard consultants. An amendment by Dr. Rennie to delete provision allowing closed display windows passed. Ordinance approved on second reading 10-1 (Seagrave no).
  • Item 12 (removing minimum lot area): Councilman Seagrave warned it allows tiny lots with 40-foot frontage, 5-foot side setbacks. Staff clarified only lot depth changes, not frontage or setbacks, and that historic districts like Rainsford already have small lots. Motion to approve passed on voice vote (no roll call).
  • Item 13 (removing density requirements): Approved on second reading with Mr. Labourne and Mr. Seagrave opposed.
  • Item 14 (parking reduction): Amendment by Councilman Cook to require 1.0 spaces per studio/1BR instead of 0.5 passed. Ordinance approved as amended, Mr. Seagrave opposed.
• Title 6 Animal Code (Item 15): Councilman Johnson, the sponsor, noted the shelter was informed in August of the timeline and he had communication issues. Executive Director Tennant said she had not seen the draft since January 2023 and received it December 5. Council debated postponement vs. killing the ordinance. Motion to postpone to next meeting (December 21) passed 9-2 (Dr. Aldrich and Mr. Labourne opposed). The item will return.
• Dowdle Puzzles Purchase (Item 30A): Proposal was for a $150,000 contract ($75,000 for artwork, $75,000 for 6,000 puzzles at $12.50 each, resale at $24.99). Council expressed concerns about sales risk, competition with local artists, and the 250th anniversary committee. Motion failed on a roll call vote.
• Reconsideration of UDC Brick/Stone Requirement: Councilman Seagrave moved to reconsider the failed November 27 vote on facade design requirements for multifamily, proposing to tie the exemption to tax-qualified affordable housing. Reconsideration passed, then the item was postponed two weeks to allow public notice and further discussion.

Key Outcomes

• Consent agenda approved with removal of Item 28B (later approved separately).
• Ordinance on mobile storage containers approved on third reading as amended, removing roll-off dumpsters, extending permit to 90 days.
• Zoning change at Dell Range & Whitney approved on third reading.
• Island annexation (county pockets) approved on third reading (10-1).
• Zoning map for annexed areas approved on third reading.
• UDC amen dments (Items 11-14) all approved on second reading with some amendments. Final adoption pending third reading.
• Title 6 Animal Code postponed to December 21, 2023 meeting.
• Police employment ordinance referred to Finance Committee.
• Three annexation/zoning ordinances (Polk Ave) referred to Public Services Committee.
• New Year's Eve open container resolution approved (8-3: Mr. Labourne, Dr. Aldrich, Mr. Seagrave opposed).
• GSG Architecture contract ($115,027) approved.
• Dowdle Puzzles purchase failed.
• Reconsideration of UDC brick/stone requirement granted and postponed two weeks.
• Executive session held at end of meeting; no further action.