Cheyenne City Council Meeting – May 28, 2024

The Cheyenne City Council met on Tuesday, May 28, 2024, at 6:00 p.m. in Council Chambers. The meeting included recognition of the 2023-2024 Mayor’s Youth Council, multiple ordinance readings and resolutions, a public hearing, and citizen comments. Key actions included approval of the Fiscal Year 2025 budget as amended, adoption of a new towing fee schedule, and rejection of the Municipal Building restroom renovation bid.

Consent Calendar

• Approved unanimously (with one recusal): Minutes from May 13, 2024; resolution supporting Wyoming Business Council grant for Precision Industrial Park; final plat for Cheyenne Business Parkway Thirteenth Filing; budget of Cheyenne Regional Airport Board (FY2025); resolution authorizing BOPU to discharge uncollectible debts; resolution supporting Vision Zero Policy (referred to Public Services Committee); several professional services agreements, contract modifications, bids, and license requests (items designated [CA] as listed in the agenda).
• Item 33C (Bid for Municipal Building Restroom Renovations) was removed from the consent agenda by request.

Public Comments & Testimony

• Precision Industrial Park Grant (Public Hearing): No public comments were offered; the hearing was closed.
• Affordable Housing Task Force: Brenda Burkle, chair, supported the three-story dwelling ordinance and urged the council to consider deferring system development fees to certificate of occupancy instead of building permit issuance to improve developer cash flow.
• Towing Fee Resolution: Multiple tow operators (Dave Rose, Big Al’s Towing; Jerry Hargraves, Records Towing) voiced support for the increased fees, noting that rates had not been raised in 10 years, insurance costs had risen 30% in one year, and equipment costs had doubled.
• Other Business: Brandon Swain (2856 Deming Blvd) expressed frustration over ongoing zoning complaints about his black house project, stating he had received hundreds of contacts from staff and wanted clarity on how to obtain a certificate of occupancy. He noted he was in violation of two zoning regulations but felt the process was unfair.

Discussion Items

• Mayor’s Youth Council Recognition: The 22nd Mayor’s Youth Council (2023–2024) was honored. Chair Kristen Huffman presented the State of the Youth Address. Awards were given to 11 students, including seniors Ty Bronter, Madeline Brady, Caroline De Censo, Novea Green, and Kristen Huffman.
• Ordinance 8 – Detached Buildings (3rd Reading): Approved as amended (substitute changed required distance from primary structure from 5 feet to 3 feet). Vote: 8–1 (Dr. Aldridge opposed).
• Ordinance 9 – Zoning Map Amendment (3rd Reading): Corrected zoning for land west of Burlington Trail from HI/AG/County A-2 to LI to allow a data center. Approved unanimously.
• Ordinance 10 – Sign Code Amendments (3rd Reading): Restructured sign incentives, eliminated the Creative Sign Program, and modified allowances for interstate signs. Substitute reduced height and size of signs within 350 feet of a residence. Approved unanimously.
• Ordinance 11 – Three-Story Dwellings (3rd Reading): Allowed up to three stories for detached, semi-attached, and attached dwellings in all zone districts. Approved unanimously.
• Ordinance 12 – Solid Waste Fee Schedule (3rd Reading): Increased residential rates by 1%, commercial by 3%, yard waste by 1%, with other increases. Vote: 8–1 (Dr. Aldridge opposed).
• Ordinance 13 – Dockless Vehicle Licenses (3rd Reading): Changed license terms to month-to-month until a new vendor is selected via RFP. Approved unanimously.
• Ordinance 14 – Water & Sewer Rates (2nd Reading): Established revised rates recommended by BOPU. Dr. Aldridge opposed, citing concerns about cumulative increases of 18% despite CPI of 4%. Seth Lloyd (Planning & Development) noted that tap fees are due at building permit issuance per the ordinance and urged consideration of the Affordable Housing Task Force recommendation to defer to certificate of occupancy. Frank Strong (BOPU) explained that moving the collection point could eliminate a necessary check. Approved 7–2 (Dr. Aldridge and Mr. White opposed).
• Ordinance 15 – Towing & Wrecker Recovery Operations (2nd Reading): Updated licensure and rotation list rules. Dave Rose confirmed the previous update was in 2013. Approved unanimously.
• Ordinance 16 – FY2025 Budget (2nd Reading): A substitute amendment added $35,000 to council contingency (split evenly among three wards, with Ward 3 shorted one cent). Dr. Rennie moved to increase the mayor’s salary from $95,000 to $125,000, but the motion died for lack of a second. Budget approved 8–1 (Mr. Cook opposed).
• Ordinance 17 – Police Officer Employment Terms (1st Reading): Referred to Finance Committee.
• Ordinance 18 – Temporary Use Minimum 14 Days (1st Reading): Referred to Public Services Committee.
• Ordinance 19 – Child Care Use Requirements (1st Reading): Referred to Public Services Committee.
• Ordinance 20 – Critical Traffic Control Areas (1st Reading): Referred to Public Services Committee.
• Resolution 21 – Towing Fee Schedule: Set maximum rates: police tow fee $475 (up from $160), storage $85/day (up from $35), gate fee $150 (up from $50). Adopted unanimously after discussion about periodic review.
• Resolution 22 – Cheyenne Transit Program Grant Application: Substitute set the application amount at $360,000. Adopted 8–1 (Mr. Cook opposed).
• Resolution 25 – Final Plat, Centennial Heritage 3rd Filing: Approved 2.05 acres replatted into 17 single-family lots and one drainage lot. Adopted unanimously with staff conditions.
• Resolution 26 – Archer Complex Sanitary Sewer Service (Outside User Agreement): Approved unanimously; voters had approved the six-penny project.
• Resolution 28 – DDA Budget FY2025: Budget of $1,049,049 approved. Discussion noted the mill levy election would provide $463,640.19 annually for four years, a 20% increase over the prior year. Councilman Laybourne criticized staff for nearly missing the election deadline.
• Item 31A – Johnson Pool Evaluation & Design (Landmark Aquatics): Staff identified an error in the winning bid; no motion was made, item died.
• Bid 33B – Public Works Improvements Project (Simon Contractors): Substitute amendment added $124,140.50 from general fund reserves for municipal building concrete maintenance. Approved 6–3 (Mr. White, Mr. Laybourne, Dr. Aldridge opposed).
• Bid 33C – Municipal Building Restroom Renovations (Spire Building Group): Bid amount $625,850. Motion failed 4–6 (Mr. Cook, Mr. Johnson, Dr. Rennie, Dr. Aldridge, Mr. Laybourne, Mr. White opposed).
• Item 35A – Appointments: Elisabeth DeGrenier to Historic Preservation Board and Christopher Mickey to Cheyenne Housing Authority Board approved unanimously.

Key Outcomes

• Approved ordinances: Detached building distance (3 ft), zoning map correction, sign code overhaul, three-story dwellings, solid waste fee increase, dockless license term change, towing ordinance update, FY2025 budget ($35,000 council contingency added).
• Adopted resolutions: Towing fee schedule (max rates as above), Transit program grant application ($360,000), Centennial Heritage final plat, Archer Complex sewer outside user agreement, DDA budget.
• Defeated items: Municipal Building restroom renovation bid ($625,850) – failed 4–6.
• Referred to committees: Police officer employment terms (Finance), temporary use 14 days (Public Services), child care requirements (Public Services), critical traffic control areas (Public Services).
• Next steps: Committee of the Whole meeting announced for June 3, 2024 at 6:30 p.m.; public hearing on FY2025 budgets and Jolly Roger Urban Renewal Plan on June 10, 2024 at 6:00 p.m.