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LARAMIE CITY COUNCIL PUBLIC HEARING Original Ordinance 1876 December 10, 2013 Public Hearing was called to order by Mayor Paulekas at 6:02 p.m. City Council present: Vicki Henry, Jayne Pearce, Lee Kempert, Joe Vitale, Klaus Hanson, Joe Shumway, Paul Weaver, and Dave Paulekas. Absent: None. The Mayor read the notice: PUBLIC HEARING OF THE LARAMIE CITY COUNCIL WILL BE HELD AT 6:00 P.M., TUESDAY, DECEMBER 10, 2013, IN THE CITY COUNCIL CHAMBERS, LARAMIE CITY HALL, 406 IVINSON STREET, LARAMIE, WY, TO TAKE PUBLIC COMMENTS OR PROTESTS ON ORIGINAL ORDINANCE NO. 1876: AN ORDINANCE AMENDING TITLE 15 OF THE LARAMIE MUNICIPAL CODE AMENDING THE TREE AREA OVERLAY DISTRICT STANDARDS. Director Hunt gave an overview of the ordinance. Sr. Planner Teini gave an update of changes and comments received from the public. Mayor Paulekas asked if there were any public comments. Bob Bell, said the ordinance was very restrictive and the ordinance should go way; there were enough rules and regulations in place. Brett Glass, PO box 1693, requested the Ordinance be dropped entirely. Mr. Glass provided the following suggestions/concerns re the ordinance: sensible decreases be set back requirements be implemented; commented on the odd boundary variations that seemed politically based; there seemed to be an onerous amount of things requiring permits in this area; seems to discriminate against rental property owners regarding sidewalks which are there for pedestrians so should be equal; regulates against non- residential uses; prohibits rock or concrete in the courtesy strip which is practical because of limited parking causing people to trample anything in those areas; the requirement for more trees could interfere with sidewalk maintenance; there is restrictions on signs with monument signs only which are hard to see from the street over parked cars; building design standards are subjective and include vague terms; and ordinance doesn’t address many of the problems in this area that people have expressed concerns about such as parking and building maintenance. Tracy Krieger, 605 S 13th Street, was against to Tree Area Overlay, stating it was too restrictive which may prevent people from doing necessary repairs which would lead to a decline in the neighborhood. Bern Hinckley, owner of two properties in the area, generally agrees with the basic principles, but need to progress with caution. Zoning should be based on safety issues. Maintaining the character of the neighborhood should come from the neighborhood and should not come from an ordinance. Marilyn Morgan, 520 S. 13th St., agreed with previous comments; the ordinance seems to be overreaching, this is not a preplanned neighborhood. It has great variety within it which is part of its charm; people may not make needed improvements if they have numerous requirements to meet. Laramie is in a dessert climate so xeriscaping would be more practical for water usage. Graveled park strips are more attractive than unwater grass, and there are some things the City shouldn’t regulate. Terry Morgan, 520 S. 13th St., supports what previous speaker said, had fundamental concerns with the ordinance; felt this ordinance reflected a highly dictatorial bent by the City Council and the leadership of the City, the level of detail, the overbearing nature of the ordinance and its requirements to permit everything. Mr. Morgan was troubled with the taking of the control of property by the City which amounts to a fundamental constitutional taking. ---PAGE BREAK--- LARAMIE CITY COUNCIL PUBLIC HEARING Original Ordinance 1876 December 10, 2013 Pete Uele, 814 S. 10th, supported what Brett Glass and the previous speaker stated. The Gerrymandering of the properties to exclude City and Country property did not make sense, and gravel and cement in certain areas makes more sense than grass. Dave Hammond, 510 Kearney St., requested this be postponed until the City has a City Arborist to survey the area and how it relates to the ordinance. Other parts of the ordinance are too invasive such as house color and shingles to be used, and was concerned about dirt for a sidewalk and others areas are very deteriorated in some areas near Undine Park where some sidewalk areas in that area are not within code. Todd Krieger, 605 S. 13th St., expressed appreciation for the work that has gone into this Ordinance, suggested current codes be enforced such as clearing sidewalks of snow, and garbage and recycling bins are left out beyond what is appropriate. Margaret Arth, 1317 Garfield, related that the Ordinance would be expensive; she didn’t want an apartment complex in that area. Fred Eaton, 607 S. 13th, the Ordinance is expensive. He stated that he cannot improve his garage and be in compliance if this were passed, wanted current ordinances to be enforced and that would take care of what this Ordinance is intending to do. Teini stated that the Ordinance would affect future improvements and building permits, but wouldn’t regulate structures as they are now or those that are in the process. The design guidelines on the properties and the pallet of choices would be the property owner’s to choose. The forty foot tree spacing is to apply in the boulevard landscaping and that if a neighbor planted close to the property line there could be some crowding therefore affecting proper spacing. There is a difference between xeriscaping and just putting rock in the boulevard area and the City wants to see plantings. There are ordinances and citations for sidewalk clearance of snow. If it is noted the sidewalk needs fixed during any permit process the applicant can be asked to fix them. Dave Hammond commented about how the power company does tree trimming, often with little warning and leaving the tree misshapen; he would like to see more coordination between the City, the power company, and the resident on the handling of the trimming. Terry Morgan acknowledged the hard work that staff did in putting the Ordinance together, however, he still believes it is an overreach, and commented on the preponderance of tonight’s comments that was against going forward with this ordinance. He felt significant improvement within the area could be brought about through the attention to detail by nonresident property owners and their renters. He also stated that the nature of the ordinance would lead to a homogeneous looking neighborhood instead of a neighborhood with individuality. Complying with the Ordinance would cause undue financial and logistical burden upon the owners. Hunt stated the Second Reading would be January 7, (2014). Public Hearing was closed at 6:58 p.m. Respectfully submitted Sue Morris-Jones, MMC, City Clerk ---PAGE BREAK--- LARAMIE CITY COUNCIL PUBLIC HEARING Original Ordinance 1876 December 10, 2013