Cheyenne City Council Meeting Summary - December 21, 2023

The Cheyenne City Council met on December 21, 2023, at 6:00 p.m. in Council Chambers for its final regular meeting of the year. The council addressed a wide range of topics, including several Unified Development Code (UDC) amendments aimed at increasing housing flexibility and affordability, the authorization of a major capital construction loan application to support housing for F.E. Warren Air Force Base personnel, and a resolution to hire a Special Projects Manager. Several UDC changes were approved on third reading, others were amended and advanced, and public testimony was heard on multiple agenda items. Councilman Laybourn delivered a detailed statement regarding the Downtown Development Authority during 'Other Business'.

Consent Calendar

• The consent agenda was approved with the removal of Items 20 (Swan Ranch Resolution) and 21 (SLIB Loan Application). Item 20 required a separate public hearing, and Item 21 was removed for discussion by Councilman Johnson. Mayor Collins declared a conflict of interest on Item 18 (Designating Local Banks) and abstained from the consent agenda vote. Routine items approved included minutes from December 11, budget re-appropriations, several professional services contracts, purchase agreements (anti-vehicle barrier, police body cameras), and other consent items.

Public Hearings & Testimony

• Item 6a (Swan Ranch Rail Sale): Joe Stevenson representing Granite Peak Development provided a project description, noting the connector loop facilitates rail car interchange between BNSF and UP railroads, serves 18 customers, and existing rail-served businesses pay over $700,000 in property taxes annually.
• Items 8, 9, 10 (UDC Amendments on Lot Area, Density, Parking): Multiple speakers representing local development, architecture, and real estate interests expressed strong support. Jason Stephen (Gateway Construction) and Sam Weinstein (SE Wyoming Builders Association) supported the increased flexibility for reducing costs. Brenda Birkle (My Front Door/Affordable Housing Task Force) supported the amendments as necessary steps to address housing shortages. Wendy Volk (Number One Properties) emphasized the critical shortage of one-bedroom apartments, noting her units rent for around $900/month and are consistently in demand.
• Item 11 (Animal Control): Elizabeth Wagner (Cheyenne Animal Control Supervisor) expressed support for the ordinance updates, stating they make the code clearer for the public.
• Item 16 (Facade Requirements): The vast majority of speakers urged the council to remove brick and stone requirements entirely. Ansley Mao (Architect) stated Cheyenne's UDC is more stringent than neighboring communities. Jason Stephen and Brenda Birkle argued the requirements are a costly barrier to developing attainable and affordable housing.
• Item 21 (F.E. Warren Loan): Rob Graham (Developer) outlined the project, stating 60% (approx. 2,000) of F.E. Warren personnel live off-base and the lease payments made for the land go directly to the base. Dale Steenbergen (Greater Cheyenne Chamber of Commerce) highlighted the base's $700 million annual economic impact and stated retaining airmen is critical for competing for future missions.

Discussion Items

• Item 7 (Urban Loft Windows, 3rd Reading): Postponed to January 8, 2024. Staff (Seth Lloyd) explained alternatives for facade openings were removed, leaving no exceptions, and staff is working to craft a substitute with various options.
• Items 8, 9 (Lot Area & Density, 3rd Reading): Councilman Laybourn and Seagrave opposed, arguing density changes do not guarantee affordability and negatively impact neighborhood character. Councilwoman Aldridge and Councilman Escobel supported the changes, giving developers options and letting the market dictate success. Item 8 passed 8-2 (Laybourn, Seagrave against). Item 9 passed 7-3 (Seagrave, Laybourn, Cook against).
• Item 10 (Parking, 3rd Reading): Approved.
• Item 16 (Facade Requirements, 2nd Reading): Following considerable debate, a substitute amendment was introduced to restrict the facade material exception to income-restricted housing at 80% Area Median Income (AMI), rather than removing requirements entirely. Councilman Seagrave supported the substitute to ensure tenants benefit. Councilwoman Aldridge and Councilman Roybal argued for complete removal. The substitute was adopted 7-3. The main motion (as amended) was adopted 9-1.
• Item 19 (Special Projects Manager): An amendment changed the position from a council appointment to a city employee hired by the mayor, adopted 8-1. The main resolution was adopted 9-1. Dr. Rennie argued the mayor should have the staffing authority without a council resolution. Councilman Johnson supported it as a directive. Councilman Seagrave presented a list of 19 projects needing coordination, emphasizing the need for record-keeping and project management.
• Item 21 (SLIB Loan Application): Councilman Johnson raised concerns about the city's liability as a pass-through entity for the loan, emphasizing the need for strong collateral and a well-structured development agreement to present to the State Loan and Investment Board (SLIB). Renee Smith (Grants Manager) assured the council the agreement would be thoroughly vetted.
• Other Business: Councilman Laybourn delivered a lengthy statement regarding his removal from the Downtown Development Authority (DDA) board, issues with a qualified audit opinion for Visit Cheyenne's operation of the DDA, and his fiduciary responsibility as the elected treasurer of the DDA. He requested an investigation and stated his intention to continue oversight of the issue.

Key Outcomes

• Approved/Adopted: Third reading of UDC amendments for minimum lot area (8-2), density (7-3), and parking. Second reading of Police employment terms, annexation, AR zoning establishment, and LI zoning change. Resolution for Swan Ranch rail equipment sale. Resolution to hire a Special Projects Manager (9-1). Resolution authorizing the SLIB loan application for F.E. Warren EUL project. Appointments to Planning Commission and Board of Adjustment. Slate of reappointments to various city boards.
• Postponed: Item 7 (Urban Loft Windows) and Item 11 (Animal Control) to the January 8, 2024 meeting.
• Amended: Item 16 (Facade Requirements) was amended to apply exceptions only to income-restricted housing at 80% AMI before being approved on second reading.
• Referral/Next Steps: Staff is working on a substitute for Item 7 and a revised document for Item 11. The council entered executive session for a confidential discussion. Councilman Laybourn pledged to pursue an investigation regarding the DDA audit.