2026-10-19 - Public Services Committee

Summary

Christensen Road Annexation

1:49-4:05

  • Second reading of the ordinance annexing about 8 acres: Christensen Road (which the city built and already maintains) plus a small city-owned triangle parcel that becomes right-of-way on annexation. Connor White of Planning and Development presented.
  • The public hearing was held the week before with no public comment; one nearby property owner called and had no objection once told it covered only the road.
  • Moved by Laybourn, seconded by Rinne. Voice vote; recommended for approval on second reading.

Christensen Road Triangle Parcel Zoning

4:07-7:50

  • Second reading assigning BP business park zoning to the triangle parcel, currently county zoning, surrounded by BP land. Staff said right-of-way is not normally zoned, but because it is still a lot it needs a zone until it is platted; the plat is ready to record within a week of annexation.
  • A council member (rendered "Runyon" in the captions) asked why not a P (public) zone; White said almost any zone would do and BP was chosen because it will extend over the right-of-way anyway. Emmons asked what a mylar is (the signed plat map recorded with the county).
  • Planning Commission recommended approval. Voice vote; recommended for approval on second reading.

College Drive Owner-Petitioned Annexation

7:51-14:01

  • Second reading annexing land south of East Fox Farm Road, north of East Allison Road and east of South College Drive, next to the Reed property. It lies inside County Pocket 10, whose annexation is postponed (committee November 2, final reading November 9).
  • The owners petitioned separately about a month ago as a safety net in case County Pocket 10 is delayed or denied. Staff said the ordinance would not be needed if Pocket 10 passes November 9.
  • After consulting the city attorney, staff will hold a public hearing on November 9 at third reading, which staff said is unprecedented but allowed by state statute. Annexation takes effect 20 business days after the hearing, so this ordinance would be effective December 7. Certified mailing went out September 30 to owners within 300 feet; earliest confirmed receipt October 2 was within the statutory window.
  • Emmons had it confirmed that the owners, not the city, initiated this. The owners' agent said the land is to be combined with the Reed property and put in one zone.
  • Moved by Emmons, seconded by Laybourn. Recommended for approval on second reading.

College Drive Annexation Assigned AG Zoning

14:03-15:45

  • Second reading assigning AG agricultural zoning to the annexed land, the same assigned zoning brought forward for County Pocket 10 and recommended by the Planning Commission in February. It currently has a residence and agricultural uses.
  • No questions or comment. Moved by Emmons, seconded by Rinne. Recommended for approval.

College Drive BP Business Park Rezoning

15:47-18:15

  • Second reading changing the same land from AG to BP business park, at the applicant's request, so it can be combined with the Reed property (since rezoned BP) without split zoning.
  • Staff said the land will be surrounded by industrial zoning (city LI or BP on three sides, county LI on the fourth). Planning Commission recommended approval.
  • Moved by Rinne, seconded by Emmons. Recommended for approval.

Agricultural Use Allowances in the Unified Development Code

18:17-28:26

  • Seth Lloyd presented amendments to five UDC sections: definitions for livestock, concentrated feeding operations and slaughter; "limited agriculture" replaced by "gardens and homemade foods" (limited versus general agriculture set at 10,000 items or $10,000 in gross revenue, on state agriculture department advice); concentrated animal feeding operations and slaughterhouses defined as a use (prohibited under general agriculture, permitted nowhere).
  • Agriculture generally would not need a site plan unless customers come to the site (on-site sales, agritourism); small egg or garden sales would not need a home occupation registration.
  • Planning Commission recommended approval with one change, grandfathering existing agricultural operations on annexation in the site plan section. Staff thought that belongs in UDC section 1.3.11 on non-conformances and offered a substitute for the next committee meeting; Rinne supported having that language ready.
  • Aldrich, presiding, asked about exception language at the end of the packet; staff explained it belonged to the separate parking ordinance (item 19), which had been split off after the Planning Commission and whose full staff report was packaged under one item.
  • No public comment. Moved by Emmons, seconded by Rinne. Recommended for approval on second reading.

Gravel Parking Lots in the Unified Development Code

28:28-44:39

  • Charles Bloom, planning director, presented section 6.2.8 changes to allow gravel or compacted aggregate in place of paving where use is infrequent (not more than 55 times a year), such as overflow lots for places of worship, parks and agricultural uses. Larger lots over 10 spaces could get administrative relief from internal and perimeter landscaping. It had been on the UDC work plan for a couple of years and was split from the agricultural ordinance.
  • ADA: Emmons asked how a wheelchair would cross gravel. Staff said ADA spaces must be paved with a compliant path to the door or trailhead, written into the ordinance. Greg Smith of the mayor's council on disabilities, speaking from the audience, agreed the requirements were well explained.
  • Rinne asked whether a business with no walk-in customers (his example: a plumbing shop) could use gravel; Bloom said no, since parking tied to ordinary daily use must be paved. City Engineer Cobb said gravel is counted as about 80% impervious in drainage reports but is not counted as impervious for any future stormwater fee. Rinne noted a recent business north of Del Range with gravel was approved in the county before annexation.
  • Charles Miller (remote) asked the committee to take item 19 on its own, citing the document mismatch, the Planning Commission's 3 to 2 split on the combined ordinance, the broader scope (over 10 spaces and landscaping) and the unfinished answer on the no-customer loophole. The motion noted item 19 was voted separately from the agriculture items.
  • Moved by Rinne, seconded by Emmons. Recommended for approval on second reading.

Livestock Exceptions in Municipal Code Section 6.08.020

44:41-50:52

  • Bloom presented the change to the livestock restrictions: livestock allowed in the AG, agricultural residential and rural residential districts, and where the UDC allows related uses (stables, veterinary clinics); grazing lawful in the year before annexation may continue, following state statute; the exemption for city-used weed-control goats stays.
  • No committee questions. Charles Miller asked staff to name the list of requests to amend other parts of chapter 6.08 mentioned in the staff memo, pointing to an October 5 attorney letter for a farm business asking that livestock be defined to cover guardian dogs, rodent-control dogs and barn cats, and asked whether the annexation protection applies to the College Drive parcel being annexed. These were not answered at the meeting.
  • Mover unclear in the captions; seconded by Laybourn. Recommended for approval on second reading.

Electric Fencing for Livestock Ordinance

50:54-58:56

  • Bloom presented the amendment to section 9.12.080 allowing electric fencing to contain livestock where agriculture or grazing is lawful, with warning signs at least every 100 feet, at gates and next to public areas, and safe maintenance.
  • Emmons asked about a standard sign (none exists) and whether signs should be multilingual; staff said that could be added as an amendment or only requested as policy, since it could not be enforced.
  • Charles Miller argued the general livestock provision has no voltage cap, charger safety listing or night restriction, no setback from sidewalks, and that the 12-volt figure for goat control may cap the power source rather than the shock. He asked about city liability and why the farm business's October 5 letter was not logged on this item. Emmons noted the letter was in the committee's materials.
  • During discussion Rinne called the voltage-limit point a legitimate question; Bloom said staff would investigate a limit and bring it to the next committee meeting.
  • Moved by Rinne, seconded by Emmons. Recommended for approval on second reading.

3307 Nationway Gaming Center Special Use

58:59-1:09:12

  • Resolution granting special use approval for a gaming center in a CB community business zone at 3307 Nationway (formerly a bar and liquor store) and local approval of a simulcasting permit from the state gaming commission. White said the Board of Adjustment approved a conditional use June 18, 2026, but after the UDC changed existing gaming parlors must obtain special use approval by December 31, 2027, so the applicant is doing it early.
  • Planned changes: a landscape buffer along the residential property line to the south, a new parking layout, open space and street trees. A child care is directly across the street; the nearest school is about 1,500 feet away (due to close in 2029), the nearest park about 3,000 feet, and the nearby "church" is now a non-profit agency. Staff said the review criteria are met.
  • A representative of 307 Horse Racing and Wyoming Downs, Brennan Rhodes, said a public meeting with the mayor drew one neighbor, and that every off-track betting location in the city will go through this process.
  • Charles Miller noted the operator already holds a city liquor license at another location, questioned whether parking was sized by games (124) or seats, and asked for more scrutiny of the 10 a.m. to 2 a.m. hours next to homes, given one public comment of record.
  • One member said the hours mirror state statute and the neighborhood may see less noise than under the bar. Moved by Emmons, seconded by Rinne. Recommended for adoption; final consideration expected the following week.

Frontier Days Parking Lot Easement at F.E. Warren Air Force Base

1:09:15-1:22:06

  • Cobb, standing in for the mayor and chief of staff, presented a one-year, no-cost easement for about 36.5 acres on the eastern edge of F.E. Warren Air Force Base for a park-and-ride lot of about 2,868 stalls (39 ADA stalls paved, the rest aggregate) to serve Cheyenne Frontier Days in 2027, including a Patriot Drive extension and a new entrance near Randall Avenue and gate one.
  • The city accepts the property as is and takes on insurance and restoration obligations; the Air Force may end the easement on 120 days notice. A construction agreement with Frontier Days and a long-term lease are to follow.
  • Mary Kay Hill of the Frontier Days board said the lot is funded entirely by Frontier Days with no public dollars; a bridge to the grounds is a later phase with the city, county and state, and buses will shuttle people in the meantime. It is meant to relieve neighborhoods south of the grounds.
  • Charles Miller asked whether the lot relies on the new gravel parking exception from item 19, who covers insurance and restoration if the Air Force ends the easement, and asked that the follow-on agreements return to this committee. Cobb said the site is under Air Force jurisdiction, the city has no control there, the non-ADA stalls will be aggregate, and the timing relation to item 19 is coincidence.
  • Laybourn called it a long-sought project and raised the Greenway connection; Rinne said it should relieve the neighborhood but called it sad that a golf course was traded for a parking lot.
  • Moved by Laybourn, seconded by Emmons. Recommended for approval at the next council meeting.

Based on auto-generated captions; names and details may be misheard and outcomes incomplete. Council member names are inconsistently rendered (for example Rinne as "Rennie" and Laybourn as "Leybourn"), and the member captioned "Runyon" could not be matched to the roster.

Time on topic (from transcript timestamps; approximate, includes side talk):

Topic Minutes Share
Gravel Parking Lots in the Unified Development Code 16 20%
Frontier Days Parking Lot Easement at F.E. Warren Air Force Base 13 16%
Agricultural Use Allowances in the Unified Development Code 10 13%
3307 Nationway Gaming Center Special Use 10 13%
Electric Fencing for Livestock Ordinance 8 10%
College Drive Owner-Petitioned Annexation 6 8%
Livestock Exceptions in Municipal Code Section 6.08.020 6 8%
Christensen Road Triangle Parcel Zoning 4 5%
Christensen Road Annexation 2 3%
College Drive Annexation Assigned AG Zoning 2 3%
College Drive BP Business Park Rezoning 2 3%

Monday, October 19, 2026. Chaired by Aldrich (apparent from the transcript). The recording picks up at the welcome (1:07) and the agenda reached items 13 to 21, 32 and 34F; every item was recommended for approval by voice vote with no dissent noted. Adjourned at 1:22:06, well ahead of schedule; the recording runs about 40 seconds past adjournment with no further business.

Agenda

Agenda text not retrieved; official page notes agriculture-related UDC ordinances scheduled to be referred to this committee Oct 19 (per city search snippet).

Sources

Video

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Transcript

These are auto-generated captions; names and numbers may be misheard.

Transcript

01:07Welcome to the Public Services Committee

01:09meeting on on October 19th.

01:12Um, if you are here in chambers with us

01:14and you have your cell phone with if you

01:15would put it on manners mode, we would

01:17appreciate it. Um, if you would like to

01:19make comment, um, please approach the

01:21podium. Make sure the microphone is

01:23turned on and uh, provide your name for

01:26the record.

01:28If you're calling in and would like to

01:29make comments, um,

01:32virtually, uh, you will be able to use

01:34the raised hand um, icon and Jennifer

01:38will then recognize you and give you the

01:39ability to be able to speak to us.

01:42Uh, we will be using a 3-minute timer

01:43today as we have a long agenda.

01:45Um, so with that, if you could read the

01:47first item, please, Jennifer.

01:49>> Number 13, ordinance second reading

01:51annexing to the city of Cheyenne, Wyo,

01:54south of US 30 and north of Commerce

01:56Circle.

01:58>> Hey, staff report, please.

02:08>> Here are members of the committee,

02:09Connor White, Planning and Development

02:10Department.

02:12>> We can't hardly hear you, Connor.

02:14>> Sorry.

02:15Bring this forward.

02:16Here are members of the committee,

02:17Connor White, Planning and Development

02:18Department.

02:19The annexation before you is for

02:24Christensen Road. So, just over 8 acres.

02:27Um it is just annexing basically

02:29Christensen Road and then a small

02:31triangle property that the city owns.

02:34Um

02:36with this annexation

02:40it did have its public hearing

02:43last week.

02:45Um there wasn't any public comment. The

02:47only public comment that I have

02:48received, there was just a property

02:50owner that called wondering

02:51just what was going on exactly. The

02:54minute I mentioned that it was just

02:55Christensen Road,

02:57they did not seem to have, um

02:59any problem with that.

03:05With this, this is mainly for,

03:08um

03:09just maintenance. Uh determining, uh

03:12just making clear that the city

03:14maintains it. We did build Christensen.

03:16We already maintain it.

03:18Um so, just bringing that into city

03:20limits. The triangle parcel is a

03:21city-owned parcel

03:23that will be turned into right-of-way

03:25upon annexation.

03:27With that, I am available for any

03:28questions if there are any.

03:30>> Hey, are there any questions from

03:31committee?

03:32For staff.

03:34Hearing and not seeing none,

03:36um any public comment?

03:42I'm not seeing anything online,

03:43Jennifer.

03:45Hey, with that, I would entertain a

03:46motion.

03:47>> I'll move.

03:50>> Second.

03:51>> We have a motion from Councilman

03:52Leybourn, second from Councilman Rennie.

03:55Is there any discussion?

03:58All in favor say I.

04:00>> I.

04:00>> Opposed? This item will move forward

04:02with our recommendation to approve on

04:05second reading. Next item, please.

04:07Number 14, ordinance second reading

04:08amending the official zoning map of the

04:10City of Cheyenne establishing the zoning

04:12classification of BP business park for

04:14land annexed to the City of Cheyenne

04:16located south of Tate Road, north of

04:19Commerce Circle, and west of and to

04:21Christensen Road.

04:23Staff report, please.

04:26>> Chair and members of the committee,

04:27Connor Wray, Planning and Development

04:28Department.

04:31So, usually with right-of-way,

04:33uh we don't actually zone right-of-way,

04:35but because this annexation does have

04:37that little triangle that's up there on

04:39the screen that is a lot, we do have to

04:41give it a zone

04:43until we plat it into right-of-way.

04:46Uh

04:46so, right now, that triangle parcel it's

04:49zoned LU in the county.

04:50Uh it is surrounded by the BP zone. Uh

04:53Council did approve the BP zone for all

04:55the land in that business park to the

04:57south.

04:59And when it comes to right-of-way, we

05:00just basically extend the adjacent zone

05:02district into the right-of-way. So, even

05:04without this assigned zoning, it's

05:06probably going to have the overlay of BP

05:08over it once it becomes right-of-way

05:09regardless. But,

05:11because it is a lot, we do have to give

05:13it a zone district for the time being.

05:15Uh the mylars are actually already in

05:16our office and ready to be

05:19recorded for the plat once this is

05:20annexed. So, it will become right-of-way

05:23within a week of annexation. So, this

05:25zone district,

05:26it's just kind of a procedural thing we

05:28have to do.

05:30But again, because this is surrounded by

05:32the BP the BP zone, um and BP will be

05:35extended to it regardless when it

05:37becomes right-of-way, staff does

05:39recommend that it become uh be assigned

05:41the BP zone upon annexation. Planning

05:43Commission did hear this and did

05:45recommend approval of this assigned

05:47zoning, and I'm available for any

05:49questions.

05:50>> Are there any questions from committee

05:51for staff? Councilwoman Runyon.

05:53>> Madam Chairwoman.

05:55I guess I understand why it's going to

05:56be a BP zone cuz that's the adjacent

05:58area, but if it's going to stay public

06:00right away

06:01and be platted as such, why not just

06:02give it a P zone?

06:07>> Chair members of the committee, um

06:09Connor White.

06:11So

06:13again, we don't

06:14zone right of way generally. I mean, we

06:17I guess we could have given it the P

06:19zone with the assigned zoning. We were

06:21just basically giving it what it was

06:23what was adjacent uh because that's

06:25what's going to overlap it. So even if

06:27we gave it the P zone now, it's going to

06:30BP's going to overlap it the minute it

06:32becomes right of way cuz we just extend

06:34the zone district that's adjacent into

06:36right of way.

06:37So

06:39almost any zone district I guess could

06:41go on this parcel and be fine.

06:43We were just going based on

06:45what's going to overlay it once it

06:47becomes right of way and what's adjacent

06:48to it.

06:49Um but it's a very tiny parcel and

06:52again, it's going to be right of way.

06:55>> Councilwoman Runyon, any other

06:56questions?

06:56>> Thank you, Madam Chairwoman.

06:58>> Uh Councilwoman Emmons.

07:00>> Thank you, Madam Chairwoman. Um what's

07:02my what's the mylar?

07:05>> Sorry. Um Chair, through you, Connor

07:07White, Planning and Development

07:08Department. It's basically the map that

07:09we just have to sign that gets recorded

07:11with the recording office. So they're

07:13called mylars. They're a special type of

07:15paper.

07:16So.

07:19>> Any other questions for staff?

07:22Hearing none, we'll go out for public

07:23comment. Is there any public comment?

07:29Hearing or seeing none, um I would

07:31entertain a motion.

07:35>> Second.

07:36>> We have a motion from Councilwoman

07:37Runyon and a second from Councilwoman

07:39Emmons

07:41to approve on second reading. is there

07:42any discussion?

07:44Hearing none, all in favor say I.

07:46>> I.

07:46>> Opposed? This item will move forward

07:48with a recommendation to approve on

07:50second reading. Next item, please.

07:51Number 15, ordinance second reading

07:53annexing to the city of Cheyenne,

07:55Wyoming, land south of East Fox Farm

07:57Road, north of East Allison Road, and

08:00east of and adjacent to South College

08:02Drive.

08:03Okay, staff report, please.

08:06>> Chair and members of the committee,

08:07Connor Roy, Planning Development

08:08Department.

08:11Okay, there's going to be a few things

08:12to go over with this annexation.

08:16So, this might actually look familiar.

08:18Uh this is over off of College Drive. It

08:20is by the Reed property.

08:22Um

08:23this is in a county pocket.

08:26This is actually part of County Pocket

08:2810.

08:29Um

08:30which is still postponed until November

08:329th would be the final reading. It'll be

08:34at committee

08:36November 2nd.

08:38Um

08:40basically this annexation was a

08:42landowner petition that they have

08:43submitted

08:45uh

08:47about a month ago

08:48to bring forward because

08:50they would like their property annexed

08:51and they don't know what council's going

08:53to do with County Pocket 10 at this

08:54point in time because it got postponed.

08:57So, to be certain that it does get

08:58annexed, they have submitted their own

09:00petition to annex their land.

09:02Um just in case something happens with

09:05County Pocket 10, whether it be either

09:07postponed again or

09:09denied or something.

09:11They basically submitted this to make

09:12sure that they're still on the agenda.

09:15Now, if County Pocket 10 is approved on

09:18November 9th, this will also be on third

09:20reading. Basically, at that point, this

09:22doesn't need to be approved. Um but it

09:25is on the agenda as basically a safety.

09:28Um and when we get to probably November

09:312nd, we can explain all that again.

09:33Um

09:36with this annexation,

09:39uh because it is submitted under

09:42um as a

09:44owner-initiated, uh after further

09:46discussion with the city attorney,

09:48uh at first we weren't going to do

09:50another public hearing on it,

09:52uh because it's already had a public

09:53hearing, but out of just precaution,

09:56uh we are doing a public hearing, but

09:58you'll probably see, at least in the

10:00staff report, that public hearing is

10:01going to be November 9th.

10:03Now, yes, I know we have never done a

10:05public hearing on third reading. There's

10:07nothing in state statute that prevents

10:08it. You just have to have a public

10:10hearing before an before an annexation

10:12is approved.

10:13Um

10:15the difference with doing a public

10:16hearing later in the process is that in

10:18state statute, when an annexed property

10:20is approved,

10:22it does not become effective until 20

10:25business days after the public hearing,

10:27which is generally why we try to do them

10:29at the beginning of the process,

10:31um because then you meet the 20 days by

10:33the time you get to third reading.

10:35So, also,

10:38um

10:39if you'll notice in the ordinance, uh

10:42the last section of the ordinance, it

10:44does specify a date. So, the ordinance

10:47actually, if

10:48something happens with County Pocket 10,

10:50and then this ordinance needs to be

10:51approved, that ordinance for this

10:53specific property would not become

10:55effective until December 7th,

10:57um because we had to go 20

10:59business days after the public hearing,

11:01uh which we are going to hold on

11:03November 9th.

11:04Uh a certified mailing was sent out on

11:06September 30th to all property owners

11:09within 300 ft, as well as the property

11:11owner here, and uh the utility

11:13companies.

11:15And I got earliest uh the earliest

11:17confirmed receipt

11:20was on October 2nd, and 20 business days

11:24prior would have been October 12th. So,

11:28we are well within the statutory

11:29requirements for the mailing.

11:32Um

11:35But again, this is a county pocket, so

11:38it is adjacent to city limits. Um

11:41Does have uh there is water and sewer

11:44nearby. It would probably have to be

11:45extended.

11:46Um

11:51Yep. Uh uh

11:54Public hearing will be November 9th and

11:55I am available for any questions.

11:57>> Hey, um [clears throat]

11:59That's from Mr. Emmons.

12:01>> Thank you, Madam Chairwoman. Um so, the

12:04Hobels are the owners and they're the

12:06ones that have asked for the annexation.

12:08Is that correct?

12:09>> Madam Chair, through you, uh that is

12:11correct.

12:12>> Okay. Just want to be real clear. We're

12:14not annexing this. We're not initiating

12:17this. They are.

12:19>> Madam Chair, through you, that is

12:20correct. The property owners have

12:22basically submitted a separate um

12:25owner-requested annexation.

12:28>> I

12:29I have a question.

12:31If I if you would entertain me for a

12:33minute. Uh

12:36Connor, is this sale is the sale of this

12:38property contingent upon this

12:40annexation?

12:42>> M- Madam Chair, through you, that I am

12:45unsure of.

12:46>> Okay. Thank you.

12:48Hey, any other questions from committee?

12:51Okay, we'll go out for public comment.

12:52It looks like Mr. Emmons is excited to

12:54talk.

13:00>> Madam Chair, uh Committee Brad Emmons,

13:02AVI agent for the applicants and owners

13:04of the property. Um

13:06Just to answer the question, I'm sure

13:09there is some language in there about

13:10the zoning um for uh

13:13sale of the property. Um it is uh

13:16to be combined with the Reed property,

13:18so to getting it all in the same zone

13:20and and put together is what they're

13:22looking to do. So.

13:25>> Thank you.

13:25>> Happy to answer any other questions.

13:28>> Any other questions for Mr. Evans?

13:30Thank you, sir.

13:32Any other public comment?

13:36It does not appear that we have any

13:37online.

13:39So, I would entertain a motion.

13:44>> Um Madam Chairwoman, I move to approve

13:46on second reading.

13:47>> Second.

13:48>> We have a motion from Councilwoman

13:50Immons, a second from Councilman

13:52Leybourne. Is there any discussion?

13:55Hearing none, all in favor say aye.

13:57>> Aye.

13:58>> Opposed? This item will move forward

13:59with a recommendation to approve on

14:01second reading. Next item, please.

14:03Number 16, ordinance second reading

14:05amending the official zoning map of the

14:07city of Cheyenne as

14:08zoning classification of AG,

14:10agricultural, for land annexed to the

14:12city of Cheyenne located south of East

14:15Fox Farm Road, north of East Allison

14:17Road, and east of and adjacent to South

14:19College Drive.

14:21Okay, staff report.

14:22>> Chair, members of the committee, Connor

14:24White, Planning and Development

14:24Department.

14:26So, with any annexation, we have to have

14:28the assigned zoning.

14:30Um we're basically using the same

14:31assigned zoning we brought forward with

14:33County Pocket 10. So, staff is

14:34recommending that this be

14:36assigned the AG zone. It is currently a

14:39residential structure with agricultural

14:41uses on it.

14:43Um now the area has changed quite a bit

14:46in that time, uh but staff felt that

14:49it's already gone through the assigned

14:50zoning process with Planning Commission

14:52back in February, and it was recommended

14:55for approval to the AG zone.

14:57So, staff is still recommending the AG

14:59zone for the parcel

15:01uh with the annexation.

15:04With that, I'm available for any

15:05questions.

15:06>> Are there any questions from committee?

15:09Seeing none, we'll go out for public

15:11comment. Are there any public comments?

15:16Seeing or hearing none,

15:18I would uh entertain a motion.

15:22>> Madam Chairwoman, I move to approve on

15:25second reading.

15:27>> Second.

15:28>> Okay, we have a motion to approve on

15:30second reading from Councilwoman Immons

15:33and a second from Councilman Rennie. Any

15:36discussion?

15:39Hearing or seeing none, all in favor say

15:40I.

15:42Opposed?

15:43This item will move forward with a

15:44recommendation to approve on second

15:45reading. Next item, please.

15:47>> Number 17, ordinance second reading

15:49amending the special zoning map of the

15:50city of Cheyenne changing the zoning

15:52classification for land located south of

15:55East Fox Farm Road, north of East

15:57Allison Road, and east of and adjacent

15:59to South College Drive from AG

16:01agricultural to BP business park.

16:04>> Okay, staff report.

16:06>> Chair members of committee, Conway

16:07Planning and Development Department.

16:09The zone change before you is an

16:10applicant requested zone change.

16:13Uh it's from the assigned zoning of AG

16:15to BP business park.

16:17Uh the plan as stated by the applicant

16:19is to basically combine this parcel with

16:21the Reed property.

16:23Um

16:26Since basically the uh county pocket 10

16:30annexation was brought forward, this

16:31area has changed quite a bit.

16:34Uh the Reed property has been rezoned to

16:36BP business park.

16:38Um

16:39So now basically this parcel is

16:41surrounded by industrial zoning.

16:44Uh

16:44in the county, the parcels to the north

16:47and also across college are all zoned LI

16:50light industrial. Um

16:53Should the two parcels to the north be

16:54annexed with county pocket 10, they will

16:56be assigned the light industrial zone in

16:58the city. So then So then this parcel

17:01will ultimately be uh surrounded by

17:04either LI or BP for city zoning on three

17:08out of the four sides. And then county

17:10LI on that fourth side. So completely

17:12surrounded by industrial zoning.

17:15Um

17:18Again, this is to basically the plan by

17:20the applicant is to incorporate this

17:22into the Reed Ranch. So, having the same

17:24zone district would be beneficial.

17:26Uh that way there is no split zoning uh

17:29or if they wanted to combine it, there

17:31wouldn't be any split zoning.

17:34This was heard by the Planning

17:36Commission. They did recommend approval

17:38of this uh zone change, and I'm

17:40available for any questions.

17:42>> Are there any

17:43questions from committee for staff?

17:46Okay, seeing or hearing none, we'll go

17:48out for public comment.

17:52Seeing or hearing none, I would

17:53entertain a motion.

17:58>> Madam Chairman, I'd move to approve on

17:59second reading.

18:01>> Second.

18:02>> We have a motion from Councilman Rennie

18:03and a second from Councilwoman Emmons.

18:06Um is there any discussion?

18:09Hearing or seeing none, all in favor say

18:10aye.

18:11>> Aye.

18:11>> Opposed? This item will move forward

18:13with a recommendation to approve on

18:15second reading. Next item, please.

18:17Number 18, ordinance second reading,

18:18amending sections 1.4.3, 1.4.4,

18:222.2.3,

18:245.1.4,

18:26and 5.7.2

18:28of the Cheyenne Unified Development Code

18:31to add and clarify specified use

18:33allowances, clarify processes for

18:36agricultural uses, and provide and

18:38providing definitions.

18:42Okay, staff report, please.

18:44>> Madam Chairman, members of

18:45Public Services Committee, my name is

18:47Seth Lloyd. I'm with the City of

18:48Cheyenne Planning and Development

18:49Department.

18:50The proposal in front of you is to amend

18:52various sections of the Unified

18:53Development Code regarding agriculture

18:55and agriculture uses.

18:57Um this has been inspired by a couple of

18:59specific uh requests and applications,

19:02but um through analysis, this is broadly

19:04applicable to um the city as a whole,

19:07and there's a lot of stuff in here that

19:10um would apply to properties within the

19:11city already and potentially annex

19:14properties.

19:15Um, the amendment in front of you

19:18modifies um, some definitions, um,

19:21relevant to, uh, animal and livestock,

19:24what constitutes concentrated feeding

19:26operations, and, um, what constitutes,

19:29um,

19:30harvesting of animals, um, versus just,

19:32uh, incidental harvesting versus, uh,

19:35commercial slaughterhouse type

19:36harvesting of animals.

19:38Um,

19:39the agriculture uses are amended as

19:41well. Um, some of the amendments are,

19:45uh, largely clerical in nature. Some of

19:47them are a little more, uh, substantive.

19:49The biggest change is probably lit to

19:51limited agriculture.

19:53Um, back when the UDC was made, the

19:55state didn't really have, um, a

19:59low low intensity producer option. And

20:02so, in order to produce agriculture and

20:04be a commercial business at the state

20:05level, you had to have a pretty

20:07extensive operation and then meet

20:08extensive requirements.

20:10Um, and so, we had the limited

20:11agriculture to fulfill the smaller scale

20:13version of that. However, with this

20:15change at the state that happened, um,

20:17starting in 2015, but consistently

20:19amended since that time, um, the limited

20:21agriculture is not really an appropriate

20:23use category anymore. So, we've amended

20:25that and changed it to gardens and

20:26homemade foods, which is a lot more

20:28permissible. Um, the limitations as to

20:31what constitutes, uh, limited

20:33agriculture versus general agriculture

20:34is set at 10,000 items or 10,000 in

20:38gross revenue. Um, that's at a

20:39recommendation from the state

20:41agricultural office, um, Department of

20:43Agriculture.

20:45Um, there's a few other, um, minor

20:47amendments and changes throughout. Um,

20:50we also added concentrated animal

20:53feeding operations and slaughterhouses

20:54as a defined use because it's

20:56specifically prohibited under general

20:58agriculture, but it's nowhere permitted.

21:01Um, and so, um, eventually, if someone

21:04ever came in with an application for

21:06that, we'd have to go through an

21:07amendment anyway.

21:08And so, we may as well add that while

21:10we're here.

21:11I do not hope Well, I shouldn't say I

21:13hope. I do not expect this to come into

21:15play, but if it ever does, we will have

21:17a process for it.

21:18Um

21:19we then go to the use table because that

21:22deals with the uses that were just

21:23created. We make the new gardens and

21:26homemade foods broadly permissible.

21:28Um and then we make some other

21:30agricultural uses a little bit more

21:31permissible, especially considering we

21:33have large large large acreage

21:37industrial sites coming into the city. A

21:39lot of these sites are

21:41um

21:42can operate for livestock

21:45rangeland grazing, that sort of thing in

21:47the interim before they develop as

21:48industry. We didn't want to make that

21:49necessarily prohibited for them to do

21:52those type of agricultural operations.

21:55Um then we go to

21:58the site plan section where we clarify

22:00what requires a site plan. Specifically,

22:03agriculture generally does not require

22:04site plan unless we're expecting

22:05customers to be on site. Um we had an

22:08incident where someone was trying to

22:10establish a farm. We got a site plan

22:12submittal and staff was a little bit

22:15Both staff and the applicant were a

22:16little bit like, "This could change. Do

22:18we need a site plan every time they

22:19change rotate crops? They go from wheat

22:22to beans. Do we need a site plan for

22:23that?"

22:24And so, for general agricultural

22:26purposes in agricultural zones,

22:29we felt that a site plan was probably a

22:30little bit over the top for those

22:32operations. Now, if they have a on-site

22:34sale component or they have customers

22:36coming or they're agrotourism, then we

22:38do need a site plan for that operation

22:39because of the nature of having

22:41customers on the site and that expected

22:43traffic.

22:45Um we also

22:47proposed

22:49amending some specific allowances for

22:52home occupations.

22:54Generally speaking, if someone wants to

22:55sell a few extra eggs, I don't think we

22:57need a home occupation allowance for

22:59that. Or if someone has some garden

23:00foods, some cucumbers they want to sell

23:01to someone instead of just giving away.

23:04Um, I don't We don't feel like that's

23:05necessarily necessary to have a home

23:08occupation. If they start going into

23:09like an actual business and they're

23:11doing this all the time, then then maybe

23:13we do need it that that home occupation

23:15allowance uh to be registered that home

23:17occupation to be registered just so that

23:18they're clear as to what the

23:19requirements are and we're clear that

23:20they're going to meet them.

23:22Um,

23:23that's largely it for this

23:26ordinance. Um, I'm available for

23:28questions on any aspect of that

23:29ordinance. I would note though that we

23:31do have Oh, there's one more thing I

23:33want to note, too. We do have three

23:34other ordinances on the agenda that are

23:35related to this um that are will follow

23:37this item, but we'll discuss those

23:39ordinances when it comes to it.

23:41The Planning Commission did hear the

23:42item and recommended approval with one

23:44change and this is the other thing I

23:45want to discuss. They I wanted to add

23:47something to the

23:49uh site plan section where

23:53um existing agricultural operations are

23:55grandfathered in upon annexation.

23:57Um,

23:59that's Staff doesn't feel that's really

24:00appropriate in that section. It's

24:02probably more appropriate to be in

24:031.3.11

24:04uh where we talk about non-conformances.

24:07Um, staff has always treated um

24:09properties being annexed as

24:10non-conforming. They were legal in the

24:12county. If they're continue operating

24:14the same way, we'll treat them as legal

24:15in the city. But 1.3.11 does not

24:17actually specifically say upon

24:19annexation

24:20um

24:21site sites are grandfathered in. It only

24:23says um

24:24before the adoption of the code sites

24:26are grandfathered in. So, it would be um

24:28potentially appropriate to add some

24:29language in 1.3.11 saying specifically

24:32that properties that were legal in the

24:33county are continue to be legal in the

24:36city. However, we don't feel like that's

24:38appropriate in the site plan section.

24:40So, we can prepare that as a substitute

24:42for the next committee meeting if that's

24:43uh something the committee wants to see.

24:46Um,

24:47with that, I am available for any

24:48questions.

24:49>> Okay, we'll take questions from

24:51committee uh for staff. Councilman

24:53Renny.

24:54>> Madam Chairman, going back to what

24:58Mr. Lloyd just referenced in 1.3.11

25:03of the UDC of

25:04that we need something in there to

25:06probably clean things up. I would

25:08think that would be a good amendment to

25:09have ready next time.

25:13>> Thank you.

25:15>> Any other comments or questions from

25:17committee?

25:19Okay.

25:20Um I do have a question um for you. If

25:25uh

25:26when I look at page and it's at the very

25:30very very end, it gives the um

25:33situations where the director can make

25:36allowances or exceptions.

25:38If if that piece is removed, would then

25:41any exception be referred to the Board

25:43of Adjustments?

25:50>> Um Madam Chair, is this in the

25:54I'll I'll I'll back up for just a

25:56moment.

25:57Um for the purpose of the Planning

25:59Commission, we heard the parking item

26:01with the um agricultural item. So, is

26:04this in reference to the parking

26:06landscaping or is this in reference to

26:08agricultural uses?

26:09>> So, this is in

26:11uh it says site plan summary 2.2.3

26:15on page five

26:17at the very end of the

26:20entire document we were given.

26:32>> I I'm sorry, Madam Chair. I'm trying to

26:34find the right spot in the document.

26:39>> It says uh no site plan is required for

26:42and it gives a list and then

26:45uh

26:47it talks about

26:50the ex-

26:52let's see.

26:55I'm sorry. Go to page nine then on

26:57number five exceptions under the

26:59director may approve exceptions to these

27:01design and location standards for lots

27:02under 10 spaces where and it gives three

27:05conditions A or B may approve exceptions

27:07to the design and location standards for

27:09unpaid parking areas through the

27:10administrative adjustment process.

27:13>> Yes, Madam Chair. That is with the

27:14parking lot amendment that will be next

27:16on the agenda. Um the staff report for

27:18the planning commission wasn't

27:20included in its entirety which did

27:22include some references to the parking

27:23amendments. So I apologize for any

27:25confusion on that. Um

27:27the we'll we'll talk to that question

27:29with the next item on the agenda.

27:31>> just all under one item.

27:33So

27:33>> Right, the planning commission staff

27:34report was under one item and we did

27:35include the entire planning commission

27:37staff report. We probably could have put

27:38a

27:39um

27:40uh some sort of watermark on there to

27:42explain what was going on with that. So

27:43I apologize for the confusion.

27:45>> Thank you. Any other questions for

27:47committee?

27:48Or from committee for

27:50F.

27:51Okay, hearing we'll go out for public

27:52comment.

27:59Hearing or seeing no public comment, I

28:02would entertain a motion.

28:05>> Madam Chairwoman, I move to approve on

28:07second reading.

28:11>> Second.

28:12>> We have a motion to approve by

28:13Councilwoman Immons, a second by

28:15Councilman Rinne. Is there any

28:17discussion?

28:19Hearing or seeing none, all in favor say

28:21aye.

28:22>> Aye.

28:23>> Opposed? This item will move forward

28:25with a recommendation to approve on

28:26second reading.

28:28Next item, please. Number 19, ordinance

28:30second reading amending section 6.2.8 of

28:33the Cheyenne Unified Development Code to

28:35allow for on paid parking in certain

28:37site specific situations.

28:41Staff report, please.

28:43>> Chair, members of the committee, Charles

28:45Bloom, planning and development

28:45director.

28:47Um first of all,

28:48Dr. Aldrich, uh your question is

28:50pertinent to this ordinance. As Seth had

28:51mentioned, we have divided that

28:54ordinance that was presented to the

28:55planning commission into two. This This

28:57one focuses on the parking um, elements.

29:01The essential intent of this ordinance

29:03is to allow for gravel parking lots to

29:06be installed in specific instances. Um,

29:09those instances are primarily ones where

29:12they will be um, not used very frequent

29:15very frequently. Uh, what we have um,

29:18indicated as a threshold is parking

29:21areas that are not used more than 55

29:23times annually. So, what this allows for

29:26is uh, this is this allows for those

29:29parking lots that would be

29:31uh, used every weekend and then on some

29:34holidays. So, this would um, essentially

29:37allow for

29:38the

29:40parking lots um, for some places of

29:43worship, some agricultural uses, um,

29:46some park uses, of those types of uses

29:48to go through an alternative where they

29:51can do a gravel surfacing instead of

29:53paved parking. Um, right now in our our

29:57parks, uh,

29:58in agricultural uses and even in our all

30:01of our residential uses, it notes that

30:03any parking areas must be paved. Um, so

30:07what this would do is allow for avenues

30:09to not have to um, do that.

30:14Um, in addition, you Dr. Aldrich had a a

30:17question regarding exceptions. Um, I

30:20believe this was the exceptions section

30:22where it says the director may approve

30:25exceptions to design and location

30:27standards for lots under 10 spaces. Is

30:29that correct?

30:30>> Yes.

30:31>> Um, yes.

30:32Um, with this, uh, we've had this

30:34administrative exception that has been

30:36allowed for these smaller um, parking

30:39lots. Um, and that is represented in

30:42subsection A numbers 1 through 3, where

30:45there is a lot of flexibility given to

30:48um help accommodate infill development,

30:51um also to recognize that um a property

30:57is existing has existing um parking and

31:01a requirement to pave parking would be a

31:04financial burden preventing

31:05redevelopment of a site, um and also uh

31:09that leaving parking as gravel

31:14um is not a major deviation

31:17um from the standards. It doesn't

31:19conflict with the

31:20with the intent of our parking

31:23regulations. Those are exceptions that

31:26presently exist right now.

31:28Um what we have um

31:31done is

31:33allow for a little bit more

31:34administrative flexibility for larger

31:38parking lots. These are parking lots

31:40that would exceed 10 spaces. These would

31:42be ones that could be um overflow uh

31:46parking areas for churches. They could

31:47be for parks and recreation areas, where

31:50we can look to give administrative

31:53flexibility to internal and perimeter

31:56landscaping requirements. For example,

31:59um if someone is designing a gravel

32:03surfaced parking area, even with the

32:06surfacing exemption that we're working

32:08in in all of these different types of um

32:11scenarios and cases,

32:13they still would be expected to address

32:16the internal landscaping, the trees, the

32:19the islands, and also the perimeter

32:21landscaping. What this would allow is

32:24for an independent review of those um

32:28specific site conditions to see if it is

32:31reasonable and needs to be um

32:33implemented or if they can be

32:35essentially um waived through our

32:37administrative,

32:39um, adjustment process.

32:42Um, regarding, uh, this,

32:45with regarding these amendments, uh,

32:47this is very broad. Um, it does apply to

32:51a variety of different situations as

32:53noted above.

32:54Um, this is an item that has been on

32:57our, uh, UDC work plan, uh, and has been

33:01an item that we've wanted to address,

33:03um, over the last couple of years. So,

33:06that is the main reason why we pulled

33:07this out of the agricultural ordinance,

33:09so this would be a standalone ordinance.

33:12Um, regarding this,

33:15um, regarding this proposed ordinance,

33:17I'm open for any questions that you may

33:19have.

33:24>> Any questions, Dr. Emmons?

33:25>> Thank you, Madam Chairwoman. Um, I have

33:28a question about ADA. So, ADA would

33:32still comply, uh, apply, wouldn't it?

33:36>> Chair, through you to Dr. Emmons, yes,

33:38this does not exempt any of the

33:39provisions of ADA parking requirements.

33:42>> Um, thank you. And then follow-up, then

33:45how does a wheelchair get through

33:47gravel?

33:52>> Chair, through you to Dr. Emmons, um,

33:54typically what you see in these type of

33:57scenarios is the ADA space would be

34:00required to be paved or concrete,

34:03similar to what we have at East Park.

34:05Um, and then there would be a required

34:07ADA pathway that would be compliant

34:09between that space and the area that's

34:12publicly accessible, um, for that

34:14business um, or that use.

34:16For a business, it would be to the front

34:19door. Um, if it's in the, uh, case

34:23of, um, a park facility, um, it would be

34:26to the trailhead.

34:28>> So, one more follow-up, sure. So, does

34:31the, and I'm sorry, I read this but it's

34:33been a while ago now. Um does the um

34:38ordinance specify that they still have

34:41to comply with ADA so that no one is

34:43surprised that no, you still have to do

34:46some pavement?

34:49>> Chair three to Dr. Emmons, yes, the

34:51beginning of subsection C, uh which is

34:54the last piece of amendments um

34:56of this uh subsection, it says

34:59notwithstanding the surfacing

35:00requirement above, gravel or compacted

35:03aggregate surfacing may be used in lieu

35:04of paved surfacing in the following

35:06circumstances, subject to approval by

35:08the director. And then it goes on to say

35:10alternative surface areas shall be

35:12required to pave ADA spaces and access

35:15onto a public right-of-way in accordance

35:18with Article 4. So, we specifically

35:20spell out that ADA compliance is is

35:23required.

35:24>> Thank you.

35:26Dr. Winnie.

35:27>> Thank you, Madam Chairman. So, to Dr.

35:30Bloom,

35:31so any business then, if they say, "I

35:34really am not

35:36our business is not anticipating that

35:38we're going to have walk-in customers or

35:39drive-up customers."

35:42would be allowed um would be considered

35:45to have

35:46gravel or rock parking?

35:49Is that

35:50>> Chair, members of the committee, Dr.

35:52Winnie,

35:53um the ADA spaces don't only

35:57apply to customers that visit the the

36:00shop. It also applies to employees. So,

36:03that ADA space would still be required

36:05in that specific instance.

36:07>> But um Madam Chairman, through outside

36:09of the

36:10ADA requirement for the ADA space,

36:13if I'm building a if I'm establishing a

36:16new business and

36:18and building it and saying, "Look, we're

36:20I'm just sending my guys out. We're not

36:22We're not going to have any people

36:23walking in or driving up to come talk to

36:26us.

36:27Um then will I be allowed to do a rock

36:31or gravel parking lot?

36:34>> Chair three to Dr. Renny, um I

36:39I understand your question is if you

36:40have a business where there's no members

36:42of the public and they only send

36:47folks out, say for deliveries for a

36:49plumbing shop, those type of items,

36:52could they number one qualify to have a

36:55gravel lot and number two would they

36:57have to have that ADA space?

36:59>> Well, I'm not I'm just worried I'm

37:01considering more the gravel lot and not

37:03the ADA. I understand the ADA

37:05space is a federal requirement, so I'm

37:07not really asking about that. I'm just

37:09asking about the lot in particular.

37:11>> Chair three to Dr. Renny,

37:14that would not qualify because what we

37:16would anticipate with that site is that

37:19usage is what's common and customary

37:22with that use. So it's not um a use

37:25where that parking is being provided

37:27just for temporary spikes that occurs on

37:30an occasional basis.

37:33That parking area would still be

37:34required based on the amount of

37:35employees for them to

37:38park their vehicles. It would have to be

37:39service with surface with asphalt and

37:42because that is what is expected and

37:44customary with that land use.

37:46>> Two two more questions, Madam

37:48Chairwoman.

37:49Um

37:51I guess thinking of this specific,

37:52there's a there's a new business just a

37:54block north of Unridge, just a block

37:56north of Del Range.

37:58And when I drove by it last night, I

38:00thought it had a rock or gravel parking

38:02lot or was I just driving too fast that

38:04I couldn't see it clearly?

38:07>> Chair three to Dr. Renny,

38:10no, you saw correctly. That project was

38:13actually approved in the unincorporated

38:16county prior to the county pocket

38:17annexation. Site plan, building permit,

38:20all of that were approved. That will

38:22have uh the gravel surface parking area.

38:25I do not know how the ADA looks on that

38:28site.

38:29>> Okay. Well, that explains it because I

38:31remember when we were annexed in County

38:32pockets, we said that any existing

38:36County building permits would be

38:37honored. So, and then my last question,

38:39since that now isn't within the city,

38:42since Engineer Cobb is here,

38:45if we ever do a stormwater utility, how

38:47will you how will a gravel rock parking

38:51treated? Will it be

38:53considered similarly to an asphalt lot

38:56or is it more

38:58Well, what does it allow for more

39:00absorption of water?

39:09>> Madam [clears throat] Chair, um through

39:11you to Dr. Renny. Dr. Renny,

39:13>> Sorry to surprise you tonight.

39:14>> That's okay. So, when you there's two

39:16aspects to look at, okay? If I'm looking

39:18at a drainage report, I would look at it

39:20at about 80% impervious. So, that I

39:22wouldn't change it. But, as far as the

39:25fee is concerned, we we do not count

39:27that as an impervious surface. Does that

39:29make sense, sir?

39:30>> Okay. That answers my question. Thank

39:32you, Madam Chairwoman.

39:33>> Any other questions from committee?

39:37Okay.

39:40So, we'll go out for public comment.

39:43Is there any public comment here in the

39:44chambers?

39:46Before we go on to online.

39:48Hey, I see that we have Mr. Miller has

39:50joined us. Mr. Miller.

39:55>> Um hello. Good afternoon. Can you hear

39:57me?

39:57>> Yes, we can.

40:01>> Um Charles Miller,

40:04um item 19.

40:08Uh let's see here.

40:11Uh

40:12Before the substance on the record,

40:14Director Bloom confirmed this ordinance

40:16was one combined ordinance when it went

40:18to the planning commission,

40:20then split into two afterward. That's

40:21exactly why I Dr. Aldridge couldn't find

40:24the exceptions language in tonight's

40:25packet a few minutes ago.

40:27I'd note this is the same kind of

40:29document mismatch why Fresh Farms raised

40:31in writing against item 18

40:33that that the slides shown at the August

40:36work session didn't match the posted

40:38materials.

40:39That's two separate dated instances of

40:41the same problem,

40:43one from the public and one from the

40:44dais. Second, Director told this

40:46committee this ordinance has been on our

40:48UDC work plan for the last couple of

40:50years and was pulled out of the

40:52agricultural ordinance for this cycle.

40:55By staff's own account, this isn't

40:57actually one of the four agricultural

40:59ordinances. It's a standalone parking

41:01policy bundled with items 18, 20, and 21

41:05in today's agenda and in the public

41:07input comment count. That matters

41:10because this is only

41:12This is also the only one of the four

41:16the planning commission split on three

41:17to two.

41:18And Director Bloom just described it

41:20live as

41:21broader than

41:23uh than the staff report suggests

41:25covering lots over 10 spaces in

41:27landscaping relief,

41:28not just small in infill lots under 10.

41:31I'd asked directly did the three to two

41:33vote happen with the benefit of this

41:35broader framing or on a narrow narrower

41:37ordinance than what's being presented

41:39today?

41:40Third, I just heard Dr. Renny ask the

41:42right question could a business with no

41:44walk-in or drive-up customers, his

41:46example

41:48was a plumbing shop that only sends

41:50crews out qualify for gravel parking

41:53simply by declaring it doesn't serve

41:54walk-in members of the public. Staff

41:56began to answer that it would not

41:58qualify, but the full reasoning wasn't

42:00finished on the record um

42:02uh

42:04so um

42:06I'd

42:07I'd ask that the complete answer be

42:09stated clearly before a vote because

42:10this is the same vagueness problem Live

42:12Fresh Farms raised in writing on item 18

42:15asking how are small-scale and

42:17intermittent defined and at whose

42:19discretion. If council members

42:20themselves are testing this ordinance

42:22for loopholes minutes before voting on

42:23it, that's a sign the standard needs a

42:25clearer line, not just a director's

42:26case-by-case discretion. On ADA ADAL

42:29note, Dr. Emmons already got a clear

42:31answer. ADA spaces stay paid with a

42:33compliant path to the door or trailhead

42:35spelled out in subsection C. That part

42:37is resolved. Given a mislabeled document

42:39and ordinance staff says

42:41isn't really part of the ag package it's

42:43riding with, the only three to two vote

42:45among the four and a live loophole

42:47question still being worked out on the

42:48dais, I'd ask this committee to take up

42:50item 19 on its own, not in the same

42:52motion as 18, 20, and 21. Thanks.

42:55>> Thank you.

42:58I do see that we have a member of the

43:00mayor's council for people with

43:01disabilities in our audience today,

43:04who is

43:05sporting a wheelchair and would you like

43:07to make any public comment?

43:11If

43:13Got it.

43:14>> Yeah.

43:18>> We'll come to you.

43:24>> I think Mr. Bloom had a has

43:28spelled it out well, the ADA

43:29requirements for new businesses

43:32and a spot's required.

43:34I believe the full spot would be

43:37I think 17 and a half, no, 9 and a half

43:40feet by 8 feet

43:41with the 8-foot section to the

43:44side of it marked off

43:46for ramps.

43:49>> And Greg, can you identify yourself for

43:50the record, please?

43:51>> I'm sorry, I'm Greg Smith, part of the

43:52mayor's council disabilities.

43:54>> Thank you. Thank you for being here

43:55today.

43:58Any other public comment?

44:02Okay, hearing or seeing none, I would

44:03entertain a motion.

44:08>> Okay.

44:09Um Chairwoman, I would move to approve

44:12on second reading. I would like to point

44:13out that this is listed as item 19 as

44:15separate item from

44:17the others that are probably more

44:19ag-related.

44:21>> Thank you.

44:23Do we have a second?

44:24>> Second.

44:25>> Okay, we have a motion from Councilman

44:27Rennie, a second from Councilwoman

44:29Emmons. Any discussion?

44:33Hearing none, I all in favor Say "Aye".

44:35>> Aye.

44:36>> Opposed? This item will move forward

44:38with a recommendation to approve on

44:39second reading.

44:41Next item, please. Number 20, ordinance

44:44second reading amending section 6.08.020

44:47of the municipal code of the city of

44:49Cheyenne

44:50to revise exceptions to restrictions on

44:53keeping livestock within the city.

44:56Okay, staff report, please.

45:00>> Chair, members of the committee, Charles

45:02Bloom, planning and development

45:03director.

45:04Um this is an amendment to Cheyenne

45:07municipal code regarding where animals

45:11and livestock are allowed within the

45:13city limits.

45:14Um presently right now,

45:17agriculture or livestock is limited to

45:20agricultural zone districts. Um it

45:22doesn't does not specifically spell out

45:24which zone districts they are allowed to

45:27be

45:28in. This

45:30proposed ordinance does clearly specify

45:33in what instances those

45:37livestock operations can occur. It does

45:39note that

45:41that livestock are able to be within the

45:43ag

45:44agricultural district, the agricultural

45:46residential,

45:47um and the rural residential district.

45:50And in addition, it also spells out um

45:53additional

45:55uh regulations regarding

45:57um when they can be allowed um in

46:00conjunction with other developments uh

46:04that allow

46:06agricultural and livestock uses in the

46:08unified development code.

46:11Um for example, if

46:13in a specific zone district, stables are

46:16allowed,

46:17they would be allowed to have livestock.

46:21Um same thing with veterinary clinics

46:23and those types of items as well.

46:26So, that clarification has been added.

46:29Um in addition, there are some pieces

46:32regarding annexation and how

46:34pre-existing grazing does fall in line

46:38with property once it's been annexed.

46:41So, if grazing was occurring on

46:44agricultural lands

46:45and was lawful within the year prior to

46:49annexation, then it would be able to

46:51continue on that property. This is very

46:54important because a lot of the lands

46:56that we do annex today

46:58do have grazing operations. And one of

47:01the big questions at the time of

47:02annexation is, well, can we continue

47:05that grazing until it is developed?

47:07Um so, that has been clarified that we

47:09are essentially following state statute,

47:12which allows for those grazing

47:13operations to continue. Um and we're

47:15just spelling out clearly in our code.

47:20Um

47:21in addition, we still do have the

47:24exemption for goats um when they're

47:28utilized for weed and pest control

47:30purposes by the city of Cheyenne.

47:34Um this is a very straightforward

47:37uh straightforward ordinance. I'm open

47:39for any questions that you may have

47:41regarding it.

47:42>> Are there any questions for staff?

47:46Hearing or seeing none, we'll go out for

47:48public comment. Is there any public

47:49comment here in the chambers?

47:52Seeing or hearing none, I believe Mr.

47:54Miller

47:55you have your hand raised.

48:05>> Hear me?

48:10Hello, can you hear me?

48:11>> Yes, we can.

48:13>> Uh Charles Miller, um item 20.

48:17For the record, staff's own memo on this

48:19item states that of the 10 comments

48:22received on the four ordinance

48:23agricultural package, none addressed

48:25this specific section.

48:27The memo itself says the comment log

48:29includes, quote, "A list of requests to

48:31amend other sections of 6.08, though

48:35none of the requested changes are to

48:376.08.020."

48:40Um staff doesn't name what

48:42that list is. I'd ask that it be named.

48:45Because the only chapter 6.08 request I

48:48can find in today's packet

48:50is the October 5th letter from WyFresh

48:52Farms' attorney, which asks the city to

48:55define livestock under the Right to Farm

48:57Act and extend protection prote- uh

49:00protection to guardian dogs, terrier

49:02dogs for rodent control, and barn cats.

49:04That is a direct request to amend

49:07chapter 6.08, animal care and control,

49:10the same chapter this ordinance amends,

49:12yet it was logged under a different

49:13item's comment filed today, not this

49:16one.

49:17This committee just spent

49:18um

49:19several minutes um on item 19 sorting

49:23out which document a parking amendment

49:25actually belonged to.

49:27I'd ask that the same care be applied

49:29here. If a livestock definition request

49:31got filed under the wrong item, the

49:32record should say so, not just that none

49:35of the requested changes are to

49:366.08.020.

49:39On the substance, this ordinance is

49:41supposed to let livestock continue on

49:43property that receives conditional use

49:45or site plan approval and protect

49:47livestock operations already underway at

49:49the time of annexation. I'd ask the

49:51committee to connect that directly to

49:53items 15 through 17.

49:57Um

49:58the Hayville property annexation, which

50:02the staff report itself describes as

50:04currently a residence and agricultural

50:06use. If this ordinance's annexation

50:08protection is meant to cover exactly

50:10that kind of situation,

50:12um it should go on the record. Does it

50:13actually apply to the parcel this

50:15committee is annexing um

50:18today or we're going on annexing today

50:20or only to future annexations going

50:23forward. Thank you.

50:26>> Thank you, Mr. Miller. Is there any

50:27other public comment?

50:31Okay, hearing none, I would entertain a

50:32motion.

50:36>> Madam Chairwoman, I move to approve on

50:37second reading.

50:39>> Second.

50:40>> We have a motion from Dr. Raymonds and a

50:42second from Councilman Laybourn. Is

50:44there any discussion from committee?

50:47Hearing none, all in favor say I.

50:50Opposed?

50:51This item will move forward with a

50:52recommendation to approve on second

50:54reading. Next item, please. Number 21,

50:56ordinance second reading amending

50:58section

50:59section 9.12.080

51:02of the municipal code of the city of

51:04Cheyenne, Wyoming to allow electric

51:06fencing for certain agricultural and

51:08livestock uses.

51:11Staff report, please.

51:13>> Chair, members of the committee, Charles

51:14Bloom, planning development director.

51:16Um this is the additional one subsection

51:18in section 9.12.080,

51:23electric fences prohibited. Essentially,

51:26what this does is this opens up the

51:29utilization of electric fencing for the

51:32containment or management of livestock

51:34areas where agricultural or grazing uses

51:37are lawfully permitted. Um this has one

51:40um caveat that on electric fence, you

51:44shall have reasonable uh posting of

51:47warning signs noting as electrical

51:50electrified fence provided that distance

51:53does not exceed 100 ft in distance along

51:57um

51:57fence lines. This posting would be

51:59required adjacent to any um public areas

52:03um at all gates or access um points as

52:06well.

52:07Um there's a requirement that if

52:09electric fencing is installed um in that

52:12same section um that it is maintained in

52:14a safe and consistent um manner that is

52:17consistent with agricultural processes.

52:20Um I'm open for any questions on this

52:22item.

52:23>> Are there any questions to ask

52:24Councilwoman Edmonds?

52:25>> Thank you, ma'am Chairwoman. Um with the

52:28posting of the warning, since we've

52:32we've heard from the public many times

52:35about there being kids in that area.

52:38Um I've two questions about that. One,

52:40is there like a universal sign

52:43for electric fences?

52:48>> Chair to three to Dr. Edmonds. Um

52:50there's not a universal sign for

52:52electric fences. However, there are very

52:55uh common elements that you can find at

52:58different stores that would say

53:00electrified fence.

53:02>> Um thank you, ma'am Chair. The The

53:04second question I have is should we

53:08perhaps consider that that should be

53:10posted in more than one language?

53:18>> Chair members of the committee, um if

53:20that is an item that you all would like

53:22to proceed with, it'd be more than

53:24appropriate to make an amendment to the

53:26ordinance

53:27if necessary or could just be a policy

53:30um that we could direct people to do. We

53:34could ask them to do it, but we wouldn't

53:35be able to enforce it.

53:40So, Chairwoman

53:41>> we should put it in braille, personally.

53:45No.

53:47Just kidding.

53:48So.

53:49Just kidding.

53:55Okay. Any other questions, Councilwoman?

53:57>> No, that's thank you.

53:59>> Okay.

54:01Any um public comment here in the

54:03chambers?

54:07Hey, it looks like we have Mr. Miller.

54:15>> Can you hear me?

54:16>> Yes, we can.

54:18>> [clears throat]

54:19>> Um Charles Miller, item number 21.

54:22Uh staff reports zero comments received

54:25specifically on this uh section.

54:28But the same packet contains a letter

54:30from Woodhouse, Roden, Aims, and Brennan

54:33dated October 5th on behalf of WyFresh

54:35Farms and the Nicelys, which asks

54:37um in writing for a quote in the

54:39ordinance that permits the use of

54:42installation of electric fencing.

54:44That is precisely what item 21 does.

54:48Um I'd ask staff to confirm on the

54:50record why a direct on-point request for

54:53exactly this ordinance

54:55wasn't logged as a comment under item

54:5721.

54:59Um

55:00>> [clears throat]

55:00>> the Nicely annexation itself reaches

55:03third and final reading on November 9th,

55:04the same meeting items 15 and 17 reach

55:08final reading on today's

55:10farm parcels.

55:12Um

55:14if this ordinance is going to govern

55:16fencing on the Nicelys' own annexed land

55:18in 3 weeks,

55:20this committee should know that

55:21connection exists before it votes, not

55:23after.

55:25Now, the part I'd ask you to slow down

55:27on because this is a public safety and

55:29liability question, not a paperwork one.

55:31Subsection A caps voltage at 12 volts

55:33for goat control and requires that

55:35fencing near a pedestrian path only be

55:37electrified at night. Subsection B, the

55:40general livestock containment exception

55:42that any qualifying landowner can use

55:44with no individualized city review, has

55:46no voltage cap, no energizer or charger

55:50safety listing requirement, and no day

55:52or night restriction at all.

55:55The only standard is uh that it be

55:57{quote} "maintained in a safe condition

55:59consistent with standard agricultural

56:01practices", a phrase this ordinance

56:04never defines.

56:05Um I'd also ask staff to clarify on the

56:08record what 12 V in subsection A

56:10actually caps.

56:12Standard agricultural fence chargers run

56:14on a 12 V battery or outlet, but they

56:17they output pulsed voltage in the

56:19thousandths of volts to the wire itself.

56:23If this ordinance is capping the power

56:25source and not the shock a person or a

56:27child actually receives touching that

56:29wire, then subsection A isn't the safety

56:32limit it reads like, and subsection B

56:34has no limit of any kind. Finally,

56:36subsection B only requires the fence

56:38stay outside the right-of-way, sidewalk,

56:40trail, or easement itself, and it sets

56:43no setback from them.

56:45A fence can sit directly on the property

56:47line immediately next to a public

56:48sidewalk with no buffer at all. And

56:51where subsection A has the city

56:52approving specific locations before

56:54fencing goes in, I'd ask this whether

56:56the city approval creates any liability

56:58exposure for the city itself if someone

57:00is injured at a site the city signed off

57:02on.

57:03Um I'd ask that uh that you get the

57:06voltage definition, the missing setback

57:08in sub- subsection B, and who bears the

57:10liability under subsection A. Thank you.

57:13>> Thank you, Mr. Miller.

57:15Any other public comment?

57:17Hearing and not seeing none, I would

57:18entertain a motion.

57:23>> Madam Chairwoman, I'd move to approve on

57:24third.

57:25Or second reading, second reading,

57:27pardon me.

57:30>> Second. We have a motion from uh

57:33Councilman Rooney, a second from

57:34Councilman Councilwoman Emmons.

57:37Any discussion?

57:38>> Madam Chairwoman.

57:39>> Yes, sir.

57:40>> I

57:42I say hate to admit it, I think Mr.

57:43Miller, at least to me, brought up

57:45legitimate question.

57:48>> Um I think it was a legitimate question

57:50that was brought up.

57:52And that in section B, should we have a

57:56voltage limit

57:58um

57:58on the fencing?

58:00And

58:04>> Thank you.

58:06Councilman Rooney.

58:07>> That's my question.

58:08>> Oh.

58:09That's a question.

58:10>> Yes.

58:10>> Okay.

58:13>> Um Chair, members of the committee,

58:14Charles Womack, planning and development

58:15director. To Dr. Rooney, um we can go

58:17ahead and investigate what a a voltage

58:20limit should be and include that at the

58:22next committee meeting.

58:25>> Thank you, Madam Chairwoman.

58:27>> Thank you, Councilwoman Emmons.

58:28>> Um thank you, Madam Chairwoman. You

58:30know, I just wanted to make sure that uh

58:33Mr. Miller is aware that we did have the

58:35document from

58:37the Nicely's attorney

58:40included with our materials, so he

58:42doesn't have to worry about that issue.

58:45>> Thank you.

58:46Any other questions or comments?

58:49Hearing none, all in favor say aye.

58:52Opposed?

58:53This item will move forward with the

58:54recommendation to approve on second

58:56reading. Next item, please.

58:59>> Number 32, resolution granting special

59:01use approval for a gaming center

59:03pursuant to unified development code

59:052.2.7

59:07and granting local approval of a

59:10site-specific application for

59:11simulcasting permit to be issued by the

59:14Wyoming Gaming Commission pursuant to

59:16Wyoming Statute 11-25-210

59:20for property located at 3307

59:23Nationway.

59:24>> We need staff report, please.

59:27>> Chair and members of the Connor White,

59:28Planning and Development Department.

59:31So, the application before you is a

59:33special use for a gaming center.

59:35Um

59:36this is a request in the CB community

59:39business zone district. The previous use

59:41of the property

59:43um is a bar and liquor store.

59:48This property did submit um an

59:50application for conditional use approval

59:51to the Board of Adjustment um

59:53which was all prior to the text

59:55amendment that went through to basically

59:57create a special use process for the

59:59gaming centers.

1:00:01Uh the Board of Adjustment did approve

1:00:03that application on June 18th of 2026.

1:00:07Um

1:00:09the conditional use review criteria and

1:00:11special use criteria are similar, but

1:00:13they're not identical.

1:00:14And then due to those changes in the

1:00:16UDC, uh gaming parlors with existing

1:00:20approvals such as the current

1:00:22conditional use approval will need to go

1:00:24back uh back through

1:00:26and get the special use

1:00:28uh by December 31st of 2020 uh 2027.

1:00:32Um that's basically what this

1:00:34application is. So, they're basically

1:00:36just coming in way ahead of time to

1:00:38renew that application and actually get

1:00:40the special use uh rather than

1:00:41continuing with the conditional use and

1:00:43then

1:00:44having to come back sometime next year.

1:00:48Uh this property is surrounded by the

1:00:51community business zone district to the

1:00:53north and to the east as well to the

1:00:55west. There is residential that is to

1:00:58the south. Um

1:01:04Through reviewing this, uh the applicant

1:01:06is looking to make some major changes to

1:01:09the property. Uh they are adding a

1:01:11landscape buffer to the back, basically

1:01:14the south

1:01:15property line between this property and

1:01:17the residential. So, they are adding

1:01:19that landscape buffer. They're

1:01:21uh changing the parking layout, adding

1:01:24in some open space areas as well as

1:01:26a tree lawn with street trees.

1:01:29Um

1:01:36With this project, some things to note,

1:01:40um

1:01:41in the final review criteria,

1:01:45uh it does ask about kind of the

1:01:47vicinity of where certain public or

1:01:50certain uh businesses or

1:01:53schools, churches,

1:01:56um daycares

1:01:58or child cares are located. Uh something

1:02:00to note, there is a child care that is

1:02:02directly across Nationwide.

1:02:04It is in a basically a building that is

1:02:07multi-tenant. Uh the other tenant in

1:02:09that building is more industrial in

1:02:11nature. So, you already have a child

1:02:13care that's kind of in a multi-tenant

1:02:15building next to other commercial uh

1:02:18uses. Again, this property has been a

1:02:21bar and liquor store um in the past.

1:02:24That is something though that we did

1:02:25want to note, there is a one child care

1:02:27that is just across Nationwide.

1:02:30Um when it comes to school districts, or

1:02:31not the not school districts, but

1:02:33schools,

1:02:34um the closest school is

1:02:38Lebhart Elementary, which is 1,500 ft

1:02:41away. Um the school is set to be closed

1:02:44in 2029

1:02:45per the MCEOR study. Uh the other

1:02:48closest school that would continue to

1:02:50operate,

1:02:51um

1:02:54is Sunrise Elementary, and that one is

1:02:59over a mile away.

1:03:02Um

1:03:08The nearest church uh is about 900 ft

1:03:11away, and then the nearest

1:03:13public park would be United Nation

1:03:15Nations Park, which is approximately

1:03:173,000 ft.

1:03:18And then there is a greenway segment

1:03:20that is about 1,000 ft away.

1:03:24So even with those distances, staff does

1:03:26believe it still meets the review

1:03:27criteria,

1:03:29um,

1:03:29the final review criteria, uh, number

1:03:3110, as well as the rest of the review

1:03:34criteria,

1:03:35uh, for the special use permit.

1:03:39And with that, staff does recommend

1:03:40approval of the special use, and I am

1:03:43available for any questions.

1:03:52>> As the crow flies?

1:03:54>> Madam Chair, through you, I think when I

1:03:56did my measurements, I was going in

1:03:58walking distance. So I was having to

1:04:01basically walk streets or sidewalks. If

1:04:03it's the crow flies, it's

1:04:04possibly a little shorter.

1:04:06>> Leopard Elementary is much is quite a

1:04:09bit further than the 1,500 ft,

1:04:11um, from this facility.

1:04:13The other

1:04:15piece to note is that that church is no

1:04:16longer a church. It's now a non-profit

1:04:18agency.

1:04:20Um, so there is not a church within 900

1:04:22ft of this property, either.

1:04:24So,

1:04:25just for the record.

1:04:28Um,

1:04:29>> [clears throat]

1:04:30>> are there any other any questions from

1:04:32committee?

1:04:33Okay, we'll go out to public comment.

1:04:35Any public comment?

1:04:44Oh, you'll need to turn that on. Thanks.

1:04:46>> Madam Chairwoman, Committee, my name is

1:04:48Brennan Rhodes. I'm a representative of

1:04:49Cowboy, uh, or sorry, 307 Horse Racing

1:04:52in Wyoming Downs.

1:04:53Um, I'm the one who's been sending you

1:04:54all emails. Yeah, I don't have a whole

1:04:56lot to add to that. The only additional

1:04:58thing I would add is that last Thursday

1:05:00we held a public meeting, um, with the

1:05:02mayor and any of the neighbors who

1:05:03wanted to attend. Um, unfortunately, or

1:05:05I suppose fortunately, depending on how

1:05:07you look at it, only one neighbor showed

1:05:09up. Um, and we and the mayor sat down

1:05:11and talked to that individual, Um, but

1:05:13otherwise this is just basically our

1:05:15first pass through the local control

1:05:17bill.

1:05:18And uh you'll be seeing a lot of us cuz

1:05:19we have to do basically every OTB we

1:05:21have in the city that will go through

1:05:23the same exact uh process.

1:05:26Um if there are any questions, I'm happy

1:05:27to answer them.

1:05:30>> Thank you.

1:05:31>> Thank you for your time.

1:05:33>> Any other public comment?

1:05:39A

1:05:40And do we have any uh

1:05:42Mr. Miller, it appears that you would

1:05:44like to make a comment.

1:05:47>> Um yes, can you hear [clears throat] me?

1:05:49>> Yes, we can.

1:05:52>> All right. Um

1:05:55Charles Miller.

1:05:56Uh Madam Chair, members of the

1:05:57committee, Charles Miller for the

1:05:58record, item 32.

1:06:00Um I'd like it noted that the applicant

1:06:02Wyoming Downs LLC is not new to this

1:06:04community.

1:06:06A Wyoming Downs off-track betting

1:06:08operation has held a city liquor license

1:06:10at 1345 Delaware Avenue since at least

1:06:132022.

1:06:15Um I have that on the record from this

1:06:17body's own October 20 2022 liquor

1:06:20license docket. This application isn't a

1:06:23new operator coming to town.

1:06:26>> [clears throat]

1:06:26>> Excuse me. It's an existing one

1:06:28expanding its footprint to a second

1:06:29site.

1:06:31That's relevant context the staff memo

1:06:33doesn't provide.

1:06:34On the substance, [snorts]

1:06:35the site plan lists 124 games,

1:06:39a required parking calculation of one

1:06:41stall per five seats yielding 25 stalls

1:06:45and 42 stalls provided, but games and

1:06:49seats aren't the same unit.

1:06:52Um I'd ask uh staff to clarify which was

1:06:55actually used to size that lot.

1:06:58Um the facility is approved for 10:00

1:07:00a.m. to 2:00 a.m. operation on a

1:07:03um 0.8 acre site zoned CB with

1:07:07medium-density residential parcels on

1:07:09Belair Avenue

1:07:11and 11th and 12th streets directly

1:07:13adjacent. Staff's memo discloses 139

1:07:16views and exactly one public comment

1:07:19generally not in favor.

1:07:21I'd ask that a 2:00 a.m. closing time

1:07:23next to a residential block get more

1:07:26than one citizen's worth of scrutiny

1:07:28before this resolution reaches final

1:07:30consideration next week. Thanks.

1:07:33>> Thank you.

1:07:34Any other comments?

1:07:37Hearing none, I would entertain a

1:07:38motion.

1:07:41>> Madam Chairwoman, I move to adopt.

1:07:46>> Second.

1:07:47>> We have a motion from Councilwoman

1:07:49Emmons and a second from Councilman

1:07:51Rainey. Is there any discussion?

1:07:53>> Madam Chairwoman, first of all, um two

1:07:56two points. Um

1:07:57first of all, I think that the hours

1:07:5910:00 a.m. to 2:00 a.m.

1:08:02reflect state statute.

1:08:04I I remember because I was instrumental

1:08:07in helping write the

1:08:09changes to the gaming ordinance last

1:08:10year that went through the legislature

1:08:12and

1:08:13and um

1:08:15gaming licenses were treated very

1:08:17similarly to liquor licenses. And so I

1:08:19think that as I said that language

1:08:22mirrors state statute and I'm not sure

1:08:24we can be more restrictive.

1:08:26And um

1:08:28second point is over the years, we

1:08:30haven't heard anything recently, but we

1:08:32have over the years had complaints from

1:08:34the neighborhood about

1:08:35activities from the bar, so

1:08:38um

1:08:39even though I'm not the biggest ag-

1:08:40advocate of gaming

1:08:42facilities, um

1:08:45this one may actually the neighborhood

1:08:47may experience less of an impact from

1:08:49noise and and invasion than what they

1:08:51were experiencing when it was an active

1:08:53bar, so

1:08:54I will probably vote to support it.

1:08:57>> Councilwoman Emmons.

1:08:58>> Oh, no. Okay, sorry.

1:09:00>> Yeah, I I personally will miss the neon

1:09:02palm trees.

1:09:03So,

1:09:05maybe we can help those. Um, all in

1:09:08favor say I.

1:09:09>> I.

1:09:10>> Opposed? This item will move forward

1:09:12with a recommendation to adopt. Next

1:09:14item, please.

1:09:15>> Number 34F, grant of easement between

1:09:18the City of Cheyenne and the Department

1:09:20of the Air Force to grant and convey to

1:09:22the city a non-exclusive easement on FE

1:09:25Warren Air Force Base property for the

1:09:27construction, use, operation, and

1:09:29maintenance of a parking lot to serve

1:09:31patrons of Cheyenne Frontier Days.

1:09:33>> Okay, staff report, please.

1:09:35>> Good afternoon, Madam Chair, members of

1:09:37the Public Service Committee. Tom Cobb,

1:09:38City Engineer. Jennifer, would you mind

1:09:40pulling up a slide for me so I can do a

1:09:42visual?

1:09:44Under my folder, under the S drive,

1:09:46Public Services Committee.

1:09:48While she's pulling that up, um, I'm

1:09:50pinch-hitting for the mayor and the

1:09:52chief of staff on this one.

1:09:53Um, and as as indicated, this this is a

1:09:56grant of a construction easement between

1:09:58the City of Cheyenne and the United

1:09:59States Air Force for the use of the

1:10:01property for FE Warren to support

1:10:03Cheyenne Frontier Days CFD operations in

1:10:052027 and for the construction of the

1:10:08parking lot.

1:10:09The summary of the easement, the city

1:10:11will This is This grants the city a

1:10:12one-year no-cost easement for

1:10:14approximately 36.5 acres on the eastern

1:10:17perimeter of FE Warren Air Force Base.

1:10:19The easement authorizes construction,

1:10:21use, and maintenance of the park and

1:10:22ride facility and for serving the in

1:10:242027 for CFD. All work and access must

1:10:27comply to the Air Force security

1:10:28requirements. Um, the property is

1:10:31accepted as is where the city assumes

1:10:33responsibility for insurance and

1:10:35compliance obligations with any required

1:10:38site restoration. And finally, the Air

1:10:40Force may restrict access or terminate

1:10:43the easement within 120 days notice for

1:10:46mission requirements or national defense

1:10:48needs. So, it's very specific. Um, on

1:10:51the screen above you, if you can see it,

1:10:54um, I've kind of outlined the area of

1:10:56this This includes the construction and

1:10:58use of the roadway on Patriot Drive.

1:11:00There's an extension of it, which is to

1:11:02the right of the screen, working our way

1:11:04to the north, which is left of the

1:11:06screen.

1:11:07And you can see there's that 39 acres

1:11:09plus or minus 39.5 with a parking lot.

1:11:12This contains about 2,868

1:11:15stalls, including 39 ADA stalls, which

1:11:18are concrete paved. This is a aggregate

1:11:21parking lot, so it is it is not paved

1:11:23other than the ADA areas.

1:11:27Um you'll see updated agreements coming

1:11:29to you soon and related agreements. One,

1:11:32a separate agreement between the city of

1:11:33Cheyenne and CFD, will present it to the

1:11:36governing body in the near future, which

1:11:38allows them to construct this parking

1:11:40lot. And the second component under this

1:11:42um

1:11:44would be a long-term lease um between

1:11:47the city of Cheyenne and the Air Force

1:11:49or CFD for the long-term maintenance and

1:11:52use of this area. So this is not this is

1:11:54a one-year term on this one, but there

1:11:56will be a longer term lease coming in

1:11:58front in front of you.

1:12:00And with that, I recommend approval of

1:12:01this construction easement to authorize

1:12:03the mayor to sign it. And if you have

1:12:05any questions you might have of me, I do

1:12:07have an additional slide if you want to

1:12:09look at the more of the detail in the

1:12:10area where we enter the parking lot. I

1:12:12get a lot of questions about that. So it

1:12:14is off the area of Randall just near

1:12:17gate one there.

1:12:18And so this is the area we have to

1:12:19remove. You can see the red or elements

1:12:21would have to come out. And if you could

1:12:24one more slide, Jennifer.

1:12:27This is sort of the area that what it

1:12:28would look like as we finish the as they

1:12:30finish the construction and provide the

1:12:32entry. So you can see there are several

1:12:35lanes in and out um and uh

1:12:38reconstruction that median area.

1:12:41>> Are there any questions from committee

1:12:43or Mr. Cobb?

1:12:48Councilman Rennie.

1:12:50>> Um no.

1:12:50>> Okay.

1:12:52Hearing none, seeing none, we'll go out

1:12:54for public comment here in the chambers.

1:12:56Are there any public comments in the

1:12:57chambers?

1:13:07>> Uh Madam Chairwoman, Mary Kay Hill. I am

1:13:10on the Board of Directors of Cheyenne

1:13:12Frontier Days. Been working on this

1:13:14project for about 4 years now. So, what

1:13:17you're seeing does not involve any

1:13:19public dollars at this point. Um the

1:13:23overall project, which includes the

1:13:25ultimate construction of a bridge from

1:13:28this parking lot onto Cheyenne Frontier

1:13:30Days,

1:13:31um will come in a phase two.

1:13:34Uh the city is the lead on the project

1:13:36with partners with Cheyenne Frontier

1:13:38Days and Laramie County, uh the Laramie

1:13:41County Commission, as well as the state

1:13:44of Wyoming when we get to the bridge

1:13:46portion. Parking lot portion is funded

1:13:49entirely by Cheyenne Frontier Days,

1:13:51which is why this construction easement

1:13:53going through the lead, the city, but

1:13:56ultimately

1:13:57brought Cheyenne Frontier Days is using

1:13:59our resources entirely to build this

1:14:03parking lot portion. So, we thank you

1:14:05for your consideration, and um I'll just

1:14:08add uh hearing lots about the

1:14:11neighborhoods and how you talk about

1:14:13this, we are eager to take pressure off

1:14:16the neighborhood to the south of

1:14:17Cheyenne Frontier Days, and we believe

1:14:202,800 spaces, people can come and go um

1:14:23as they please and take a a bridge and

1:14:26come back will relieve one, our concern

1:14:30about safety, your concern about safety,

1:14:32as well as what is uh

1:14:36maybe one of the less attractive parts

1:14:38of the Cheyenne Frontier Days visitor

1:14:40experience, which is the park and ride.

1:14:44>> Okay, it's Councilwoman Emmons has a

1:14:46question for you.

1:14:47>> Thank you, Madam Chairwoman. Um Mary

1:14:49Kay, so if the bridge isn't until next

1:14:52year, how are we going to get people

1:14:54Will they be parking there this year?

1:14:58>> Uh Madam Chairman, um Councilman,

1:15:00uh

1:15:01yes, our intent is to park people there

1:15:04and then use the buses to bring them

1:15:07across. And we're we know once people

1:15:09are sitting there waiting for the buses

1:15:11and they see how close their cars are,

1:15:13that bridge is going to be a real

1:15:15popular item.

1:15:17>> Thank you.

1:15:19Any other public comment here in the

1:15:20chambers?

1:15:23Hearing or seeing none, I believe Mr.

1:15:25Miller has a comment.

1:15:35>> Can you hear me?

1:15:37>> Yes, we can.

1:15:41>> All [sighs]

1:15:41right.

1:15:44Oh,

1:15:44sorry, my

1:15:46Uh Charles Miller

1:15:48uh for the record here on

1:15:53item number 34

1:15:55F.

1:15:56>> [snorts]

1:15:57>> Um

1:15:58Excuse [clears throat] me.

1:16:00Uh Engineer Cobb just told this

1:16:01committee this parking lot will have

1:16:032,868

1:16:05stalls and that 39 of them are ADA

1:16:07stalls, which are concrete paved.

1:16:09Uh I'd asked directly, what are the

1:16:12other 2,829

1:16:14stalls going to be surfaced with?

1:16:17If this committee only needs to say the

1:16:19ADA spaces are paved, that tells me the

1:16:21rest of this lot is not necessarily

1:16:23paved and that this committee passed an

1:16:25ordinance earlier on this very agenda,

1:16:27item number 19, that creates a brand new

1:16:29exception for exactly that kind of lot.

1:16:33Um item 19's low usage or overflow

1:16:35parking exception applies to parking

1:16:37used fewer than 55 times a year and

1:16:39explicitly names overflow parking for

1:16:41entertainment venues and similar outdoor

1:16:44and assembly uses.

1:16:46Um item number 19 also creates a new

1:16:48regional stormwater management

1:16:50exception. A 2,868

1:16:53stall lot used roughly

1:16:5610 days a year for Frontier Days sitting

1:16:58on the perimeter of an Air Force Base is

1:17:00close to a textbook example of what

1:17:02those two exceptions were written for.

1:17:04Um

1:17:05is uh

1:17:07I'd ask the staff directly on the record

1:17:09is the lot relying on the exceptions

1:17:11this committee just approved in item 19

1:17:12and if so, which stalls are paved and

1:17:14which are gravel?

1:17:16Um

1:17:18>> [clears throat]

1:17:19>> Uh let's see here.

1:17:20Also,

1:17:22uh

1:17:23Mr. Cobb said the city accepts this

1:17:26property as is and assumes

1:17:27responsibility for insurance compliance

1:17:29and site restoration and that the Air

1:17:30Force can terminate this easement on 120

1:17:33days notice.

1:17:35If Frontier Days is is paying to build

1:17:372,868

1:17:39gravel stalls,

1:17:40I'd ask who is paying the city's

1:17:42insurance and restoration obligation if

1:17:44the Air Force exercises that 120-day

1:17:46clause because no public dollars so far

1:17:50has only been said about construction,

1:17:52not about the liability this committee

1:17:53is being asked to accept.

1:17:55Um third, Mr. Cobb

1:17:58also disclosed two two agreements still

1:18:00to come, a construction agreement

1:18:01between the city and CFD and a long-term

1:18:03lease between the city and the Air Force

1:18:05uh or CFD for ongoing maintenance.

1:18:08Meaning uh today's one-year

1:18:11easement is just the first of at least

1:18:13three instruments on this project. I'd

1:18:15ask that those two follow-on agreements

1:18:17come back to this committee, not just to

1:18:19the governing body given the surfacing

1:18:21and liability questions raised here

1:18:23today.

1:18:24Finally, this easement was approved as

1:18:25to form on October 7th, 5 days before

1:18:27item 19 was introduced to council on

1:18:29October 12th. I'm not suggesting one

1:18:31caused the other. I'm asking whether

1:18:32these two items were ever discussed

1:18:34together.

1:18:35Um

1:18:40>> Uh thank you, Mr. Miller. Uh Mr. Cobb,

1:18:42would you like to respond?

1:18:44>> Um Madam Chair, through you, I I guess

1:18:47the first thing to state is this is not

1:18:49within the city limits and it is in the

1:18:51jurisdiction of the

1:18:53United States Air Force. Um we have no

1:18:56jurisdictional control over the Air

1:18:58Force whatsoever.

1:18:59Um they did meet the requirements of

1:19:01detention on their site. That the area

1:19:04that I described as non-ADA stalls will

1:19:07be aggregate surfaced as indicated.

1:19:10Um there is no relationship to this the

1:19:12ordinances previously done and this is

1:19:15just a timing issue.

1:19:16As far as the liability concerns are,

1:19:19that's the point of the memo coming or

1:19:20the the agreements coming to you

1:19:21forthright, but we do need to get

1:19:23construction started. Obviously, the

1:19:25contractor will be responsible with

1:19:27their insurance to be able to cover

1:19:29anything that happens during

1:19:30construction. That's with standard

1:19:32agreements with with anyone. So, I hope

1:19:35that answers his question.

1:19:36>> Thank you, Mr. Cobb.

1:19:39Okay, any other public comment?

1:19:43Seeing or hearing none, I would

1:19:44entertain a motion.

1:19:45>> So moved.

1:19:47>> Second.

1:19:48>> We have a motion from Councilman

1:19:50Leybourn, a second from Councilwoman

1:19:52Immens.

1:19:53Um is there any discussion by the

1:19:55committee?

1:19:56>> Yeah, Madam Chairman.

1:19:58>> Yes, Councilman Leybourn.

1:19:59>> Thank you.

1:20:01Well, this is a long sought and

1:20:03really wonderful project that uh

1:20:07certainly was difficult, but

1:20:09it's going to elevate Well, I don't I

1:20:13It's we're not really elevating Cheyenne

1:20:15Frontier Days

1:20:16since it is the world's greatest rodeo

1:20:18already, but it is putting it on the

1:20:21level of a uh

1:20:23more urban

1:20:25uh sensible way to park and to deliver

1:20:29people to the area. It's uh

1:20:32certainly, I know the bridge is coming

1:20:34and

1:20:34that's

1:20:36really going to make a big difference. I

1:20:38do want to point out that uh

1:20:40this leads to another consideration

1:20:43that I think we'll be looking at as time

1:20:45goes on

1:20:47and that is the Greenway connection

1:20:49in the loop of the city

1:20:51that is

1:20:53very much part of the original master

1:20:55plan

1:20:56and something that uh

1:20:58has a lot of difficulty as well

1:21:01but we want to make sure that uh

1:21:04it is included or at least considered

1:21:07and some effort is made to make sure

1:21:09that that connection is made.

1:21:11So um

1:21:13this is wonderful and I look forward to

1:21:15uh

1:21:16using it someday. Thank you.

1:21:18>> Thank you, Councilman Leybourne. Uh

1:21:19Councilman Rooney.

1:21:21>> Madam Chairman, I

1:21:22um speaking in favor, I

1:21:25as Ms. Hill noted

1:21:28um

1:21:29Frontier days really is kind of a pain

1:21:32to the people that live in that area

1:21:33south of of the park and so I'm hoping

1:21:36that this

1:21:37will give them some relief and make a

1:21:39difference in that neighborhood. So we

1:21:40need to pursue it. I just

1:21:42think it's sad that we traded a golf

1:21:44course for a parking lot.

1:21:48>> Any other comments?

1:21:49>> It's like Melanie said, we paved

1:21:50paradise and put up a parking lot.

1:21:52>> All in favor, say I.

1:21:54>> I.

1:21:54>> Opposed?

1:21:56This item will move forward with

1:21:57recommendation to approve on at the next

1:22:00meeting of the council. With that, we

1:22:02have finished today's agenda much

1:22:03earlier than anticipated.

1:22:06So we are adjourned.

1:22:49>> Mhm.