HomeMy WebLinkAboutMIN 12.12.2006 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council Present.
Patty Eason, Gabe Sansing, Doug Smith, Henry
Carr, Pat Berryman, Farley Snell, Ben Oliver
Council Absent:
All Council present
Staff Present.
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Marsha
Iwers, Purchasing Manager; Anthony Lincoln, Fire Chief; Kimberly Garrett, Parks and Recreation
Department Director; Ed Polasek, Principal Long -Range Planner•, Bobby Ray, Director of Planning and
Development; Mark Thomas, Economic Development Director; Cathy Leloux, Court Administrator; Ken
Finn, Animal Services Manager; Melissa McCollum, Planner; Jordan Maddox, Planner; Mark Miller,
Transportation Services Manager; Heather Brewer, Urban Forester; Keith Hutchinson, Public Information
Officer
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
A Sec.551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise
the City Council, including agenda items
-Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of
Georgetown, Cause No. 06-121-0277, District Court of Williamson County, 277th Judicial District
- Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS;
United States District Court, Western District of Texas
- Stanford v. City of Georgetown , Cause No. 06-634-C26, filed in the 26th Judicial District of Williamson County, Texas
B Sec. 551.086 - Certain Public Power Utilities: Competitive Matters
- Discussion and possible action regarding an Electric Services Agreement with Citigroup North America, Inc. for electric
service in a dually -certified area, including terms which, if disclosed would give give advantage to competitors or prospective
competitors.
C Sec 551.072: Deliberations about Real Property
- Consideration and possible action concerning the acquisition of easements for wastewater lines, a public use, including
consideration and possible action on a Resolution authorizing condemnation.
Regular Session = To begin no earlier than 06.00 P
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
City Council Meeting Minutes/December 12, 2006
Page 1 of 9 Pages
D Call to Order
The Mayor called the meeting to order at 6:02 p.m.
E Pledge of Allegiance
Mayor Nelon led the Pledge.
F Comments from the dais
- Welcome to Audience and Opening Comments
- Review of procedure for addressing the City Council
Mayor Nelon welcomed the audience and gave a brief explanation of meeting procedures.
G Announcements and Comments from City Manager
- The City is now accepting applications for vacant or expiring terms on its Boards & Commissions. Information
and applications can be obtained on the City's Website at www.georgetown.org or at City Hall which is located
at 113 E. 8th Street, the Public Library and other City Offices. The Deadline for filing applications is January 5,
2007.
- The City will be closed for the Christmas Holidays on Monday, December 25th and Tuesday, December 26th.
City offices will also be closed on Monday, January 1, 2007 in observance of New Year's day.
- There will be no trash pickup December 25th and January 1 st. Trash pickup slides one day for remainder of
week.
- The "Old" Library 808 Martin Luther King, Jr. Street will close to the public at 5 p.m. on Saturday, December 23
and the "New" library will open to the public in the new location a half -block away at 402 W. Eighth Street at 10
a.m. on January 20.
H Public Wishing to Address Council
Keith Peshak regarding police matters.
Peshak complained that police officers get special favors and he didn't get a "fair" deal in court.
Action from Executive Session
Motion by Smith, second by Carr that the City Council approve, and authorize the Mayor to execute, that certain
"Electric Services Agreement" by and between Citicorp North America, Inc. and the City of Georgetown that was
discussed in Executive Session last night. Approved 7-0.
Motion by Smith, second by Eason that the City Council retain the services of Lambeth Townsend to work on
the Dual Feed Agreement with Citicorp North America, Inc. and to bring that agreement back to City Council for
final approval. Approved 7-0.
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
J Consideration and possible
action to approve the
minutes
of the Council Workshop on Monday, November 27,
and the Council Meeting on
Tuesday, November
28, 2006
-- Sandra D. Lee, City Secretary
Mayor
Nelon pointed
out
that the minutes
of the Workshop
on Monday,
November 27, need to be corrected to
reflect
in Item D that
the
to fill vacancies
$5.00 fee will be
collected from all
convictions,
not just juvenile.
K Consideration
and possible action
to
appoint two new
members to the Georgetown
Village
Public
Improvement
District #1 (GVPID
#1)
to fill vacancies
due to resignations -- Sandra
D. Lee,
City Secretary
L Consideration and possible action for the award of annual bid for emulsion to SemMaterials in the estimated
amount of $40,000.00 -- Jim Briggs, Assistant City Manager for Utility Operations and Mark Miller,
Transportation Services Manager
M Consideration and possible action to approve a donation of .47 acres from William Patrick Simon and Jennifer
Lanell Simon for parkland behind Country Club Drive -- Kimberly Garrett, Parks and Recreation Director and
Randy Morrow, Director of Community Services
N Consideration and possible action to approve a resolution regarding rules to ensure the identification, security
and confidentiality of electronic bids or proposals remain effectively unopened until the proper time — Marsha
City Council Meeting Minutes/December 12, 2006
Page 2 of 9 Pages
Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration
O Consideration and possible action to authorize the approval of the annual license renewal, system support,
software activation, and hardware repair for the AMR Genesis and MVRS System with Itron Incorporated in an
amount not to exceed $48,176.00 -- Michael Mayben, Energy Services Manager, Jim Briggs, Assistant City
Manager for Utility Operations
P Consideration and possible action on a Public Review Final Plat for 44.121 acres in the Frederick Foy Survey,
A-229, to be known as the Planned Unit Development of Sun City, Neighborhood Fifty -One, located
approximately west of the intersection of Cool Springs Way and Pedernales Falls Drive -- Melissa McCollum,
AICP, Planner 11 and Bobby Ray, AICP, Director of Planning and Development Services
Q Consideration and possible action on a Preliminary Plat for 2.0731 acres in the Lewis Dyches Survey (A-180)
to be known as Blue Ridge Drive, located south of Blue Springs Boulevard — Jennifer C. Bills, Planner I and
Bobby Ray, AICP, Director of Planning and Development
R Consideration and possible action on a Preliminary Plat for 50.477 acres in the Lewis Dyches Survey (A-180)
to be known as the Project Lonestar Subdivision, located south of Inner Loop and east of Blue Springs
Parkway — Jennifer C. Bills, Planner I and Bobby Ray, AICP, Director of Planning and Development
S Consideration and possible action to approve a resolution authorizing the Release of a Special Assessment
Lien against property currently owned by the Steenken Family Partnership and located at 1201 S. Church St. --
Patricia E. Carls, City Attorney
Motion by Carr, second by Eason to approve the minutes subject to correction of the Monday, November 27
Workshop Minutes. Approved 7-0.
Legislature Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Mayor Nelon announced that Item CC -5 was pulled from the agenda by the applicant for a future meeting.
T Consideration and possible action to approve the purchase of cellular and data phone service from Nextel
dba Sprint through the State of Texas purchasing contracts in the estimated annual amount of $59,500.00 --
Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration
Iwers explained the item, saying this service is for city employees for a one-year period, designed to keep costs
to a minimum and to allow communication and information while away from their desk. Motion by Carr, second
by Berryman to approve the purchase. Approved 7-0.
U Consideration
and possible action to
purchase
one (1)
Quint Fire Apparatus from Sutphen Corporation in the
amount not to
exceed
$875,000.00 --
Anthony
Lincoln,
Fire Chief
Lincoln explained the item, saying the Fire Department currently has 75 -foot straight ladders. He said this
purchase would allow increased height and reach to 100 feet; and with this ladder, Georgetown will now get
100% credit from ISO, because it allows two people to operate in the platform at the top of the 100 -foot ladder,
saying this will allow the Fire Department to serve the County Courthouse and Southwestern University. Motion
by Eason, second by Berryman to approve the purchase. Smith asked why the big trucks go out to every
fender -bender, saying he knows that many communities send an SUV for heart attacks and traffic accidents
instead of a large fire truck. Sansing agreed, but thinks the 100 -foot reach is needed. He said he agrees with
SUVs for traffic accidents and heart attacks. It was confirmed that this item was approved in the budget.
Approved 6-1. (Smith opposed)
V Consideration and
possible action to approve the
Lease
and Agreement
with the
Texas Parks and Recreation
Foundation for the
100 -acre donation for Garey
Park -- Randy Morrow,
Director
of Community Services
Kimberly Garrett explained the item, saying the language in the documents in the agenda packet has been
changed. Mayor Nelon called on Jack Garey who explained this donation is the second phase of a planned
donation to the City. He noted that in two years the property has increased in value from $17,500 per acre to
$33,000 per acre. He said he and his wife are glad to donate this property to the City. Motion by Carr, second
by Oliver to approve the agreement. Approved 7-0.
City Council Meeting Minutes/December 12, 2006
Page 3 of 9 Pages
W Discussion and possible action regarding a request from the Georgetown Garden Club to waive the rental fee
for the Community Center with regard to the Arbor Day Celebration and Flower Show in the Community Center
and Sunken Garden on April 13-14, 2007, and whether this event should be designated as a City -Sponsored
Event -- Paul E. Brandenburg, City Manager
Brandenburg explained the item, reminding Council about the discussion at the workshop on Monday. He said
this request is to waive the $500 fee. Snell confirmed, that based on last nights discussion, this would possibly
be an administrative decision next year. There was discussion regarding Council's previous action regarding
free rent for certain city facilities. Motion by Sansing, second by Snell to approve to waive the rental fee.
Sansing asked and Garrett agreed that the ordinance was revised to require the renter to clean up after
themselves, including putting away the tables and chairs. Snell said he had wanted the Arbor Day Celebration
to become a regular city event. Approved 7-0.
X Discussion and possible action to provide staff direction concerning acquisition, location and development
applications regarding the CARTS bus facility -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray,
AICP, Director of Planning and Development
Polasek explained the item, including the attempt to receive a grant for development. He said staff recommends
using the Park and Ride site. There were questions and comments from the Council. Smith confirmed that this
site would be used for inter -city and intra -city transit. Motion by Eason, second by Oliver to approve the Park
and Ride site. Approved 7-0.
Y Consideration and possible action on a request to release property from the City's ETJ to the City of Liberty Hill
for the Evans Tract, located north of Cimarron Hills fronting Cross Creek Road -- Edward G. Polasek, AICP,
Principal Planner and Bobby Ray, AICP, Director of Planning and Development
Polasek explained the item, and gave Council three options. He said staff recommends that no action be taken
at this time and continue on with negotiations with Liberty Hill. Nelon questioned and confirmed the part of the
C-7 Ranchland that is, in fact, in Georgetown's ETJ. Nelon asked Briggs to come forward regarding a proposed
MUD Plan and organized regional wastewater system near this property. Yantis said the property could be
wholly within the Georgetown city limits. Motion by Carr, second by Smith to not allow the release at this time
and to continue negotiations with Liberty Hili and Leander. Approved 7-0.
Z Discussion and possible action to approve an Interlocal Cooperation Agreement for County Facilities relating to
the waiver of fees up to $200,000 related to the construction of future County Facilities -- Paul Brandenburg,
City Manager
Brandenburg explained the agreement. He said the fees are for water and wastewater tap fees for a period of
10 years. Smith asked the value of the tax abatement that the County is granting to Project Lee, and was told it
is $17 million. Motion by Berryman, second by Sansing to approve the Interlocal Agreement. Smith said he
generally is opposed, but thinks this would be an advantage to the people of Georgetown. Snell said this is a
very attractive economic development project that benefits the city and county with millions of dollars. He said it
requires that the City and County grant a tax abatement for 10 years, but the County adopted their portion of the
tax abatement program with a condition that the city grant waivers to the County on land and potential buildings
totally unrelated to this project. He said from his point of view, what the County did was extortion. He said they
have known that they had this project captive and have required that the City waive fees as a condition for their
approving the tax abatement. He said the problem in response to extortion is that it never ends. He said this
indicates to the County that on any future project where their consent is required, they can come to the City with
a wish list and the City will be in a positon not to turn them down. He said he considers that repugnant as a City
decision maker. He said he thinks the County is trying to insult him and the City. He said he wants to prevent
this from happening again any time in the future. He said he would bring an item in January to make clear how
negotiations are done in the future. He said this is a small amount for the amount that will be received, but he
said the issue on waivers is that fees are charged, not as income, but to cover costs for providing services. He
said anytime fees are waived, the money has to come from somewhere; either by increasing taxes or reducing
services. He said several years ago, the City decided that fees should not be waived, and he thinks the City
should stay with that policy. He said he has voted for this development all the way through, but will vote against
this item.
Carr said he
agrees with Snell's opinion and wants
to make clear that it has nothing to do with Project Lee. He
said the land
they're talking about waiving the fees
on is totally unconnected to Project Lee.
He said this was a
surprise and
is not
the way
to do
business.
He
said
they will
have much
more valuable
land
when
they do
City Council Meeting Minutes/December 12, 2006
Page 4 of 9 Pages
develop it. He said he would vote for this item tonight to show support for Project Lee and forget about the
County government.
Sansing said he hopes that there will be a new day on the Commissioner's Court soon. He also said he agrees
with Snell and Carr, but will vote for this item tonight. He said he hopes the City and County can improve their
relationship, saying all should work together to save taxpayers' money.
Mark Thomas was asked to explain the relationship of this item with Project Lee. He said Project Lee will only
see the votes and not know the background. He said he thinks they will understand negative votes, but it is
always good to have a unanimous vote to show support.
Oliver said he supports Snell's opinion but thinks it is important to be positive. Nelon said whatever the
rationale, it is necessary to compare the benefit. Brandenburg said the way the County crafted their language
was to make the abatement contingent upon the approval of the interlocal agreement. He said in the past, the
City has been chastized, but in the 1980's the City did waive fees for the County. He also said most of the
County's facilities have been in Georgetown. Berryman said this should be looked upon as two different
arguments, suggesting that the Council make a statement in January; but sending a split vote doesn't address
that issue, it just sends a mixed message to the people in another city who don't know what the issues are. She
said addressing the County can happen in January. Vote on the motion: Approved 64. (Snell opposed)
AA Consideration and possible action to approve an amendment to the 400 Main Street Development Agreement
to extend the construction commencement deadline -- Tom Yantis, Assistant City Manager
Yantis explained and said Kent Collins was present if there were questions. Snell asked for the length of time
for completion. Yantis said there was no deadline for completion in this agreement. Motion by Snell, second by
Oliver to extend the agreement starting date and to include a completion date of three years. Sansing said, in
his opinion, he thinks they've already started and haven't missed their construction deadline. Yantis said they
don't have plans and haven't pulled a permit for Phase 2; and said if the motion is approved, they would have to
complete all of their permitting prior to December 31, 2007.
Applicant, Kent Collins, said he thinks the City should always do construction commencement and completion
dates in agreements. He said they have started and completed Phase 1. He said they have sold the fourth
townhome unit and fourth cottage, but there are units left that are not sold, so they haven't started Phase 2. He
said it has gone slower than they thought, so they are asking for the extension to the start of Phase 2. Vote on
the motion: Approved 7-0.
BB Item forwarded from the Georgetown Economic Development (4A) Corporation (GEDCO)
1. Discussion and possible action to approve a Performance Agreement for the Loading Dock --Paul E.
Brandenburg, City Manager and Mark Thomas, Economic Development Director
Thomas explained the item, saying that the GEDCO Board wishes to make a grant to fund a portion of the
costs associated with a project to upgrade water service to the Loading Dock, saying the Board found that
this project is necessary for the owners to operate the restaurant in the building. Motion by Carr, second
by Oliver to approve the Performance Agreement. Approved 7-0,
2. Consideration and possible action to approve an amended Performance Agreement regarding Citigroup
North America, Inc. (also referred to as Project Lee) -- Paul Brandenburg, General Manager and Mark
Thomas, Director of Economic Development
Thomas explained the item. Carls explained the changes that were requested by the company, saying they
were not substantive. Motion by Smith, second by Carr to approve the amended Performance Agreement.
Approved 7-0.
CC Second Readings
1. Second Reading of an Ordinance amending the City of Georgetown Code of Ordinances to add Chapter
4.45 "Juvenile Case Manager Fee" -- Micki Rundell, Director of Finance and Administration
Cathy Leloux read only the caption of the ordinance on second reading. Motion by Sansing, second by
Berryman to approve Ordinance 2006-147, and to emphasize that the fee comes from all cases, not just
juvenile. Approved 7-0.
2. Second Reading of an ordinance revising Title 7 "Animals" of the Code of Ordinances as recommended
City Council Meeting Minutes/December 12, 2006
Page 5 of 9 Pages
by the Animal Shelter Advisory Board to add and/or revise the following provisions: permits and licenses,
implanting microchips for identification of pets impounded by Animal Services, mandatory sterilization of
pets impounded by Animal Services, licensing of sold and adopted pets, and banning of roadside sales of
pets -- Shawn Gunnin, Chair of the Animal Shelter Advisory Board; Ken Finn, Animal Services Manager,
and David Morgan, Police Chief
Finn read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to
approve Ordinance 2006-148. Approved 7-0.
3. Second Reading of an Ordinance Rezoning from AG, Agriculture district to PUD, Planned Unit
Development for 44.121 acres in the Frederick Foy Survey, A-229, to be known as the Planned Unit
Development of Sun City, Neighborhood Fifty -One, located approximately west of the intersection of Cool
Springs Way and Pedernales Falls Drive -- Melissa McCollum, AICP, Planner II and Bobby Ray, AICP,
Director of Planning and Development Services
McCallum read only the caption of the ordinance on second reading. Motion by Carr, second by Eason to
approve Ordinance 2006-149. Approved 7-0.
4. Second Reading of an Ordinance Rezoning 50.4752 acres in the Lewis Dyches Survey, Abstract No. 180,
from AG, Agriculture District to OF, Office District located south of the Southeast Inner Loop and east of
Blue Springs Boulevard -- Bobby Ray, AICP, Director of Planning and Development Services
Ray explained that this item is for the Project
Lee site. He read only
the caption
of the ordinance on second
reading. Motion by Smith,
second
by
Eason
to approve Ordinance
limits would go
2006-150.
Eason, second
Approved
7-0.
5. Second Reading of an Ordinance Comprehensive Plan Amendment to change the Intensity Level from
Level 1 to Level 4 for 151.032 acres in the Antonio Manchaca Survey, Abstract 421, and 166.1854 acres in
the William Roberts Survey, Abstract 524, located east of IFI -35 along FM -972 -- Jordan Maddox, Planner I
and Bobby Ray, AICP, Director of Planning and Development Services
This item was pulled by the applicant for a future agenda, therefore, there is no Ordinance 2006-151.
6. Second Reading of an Ordinance Comprehensive Plan Amendment to change the Future Land Use from
Residential to Mixed -Use for 51.5 acres in the Lewis P. Dyches Survey, Abstract 180, located east of Blue
Springs Road and south of SE Inner Loop -- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of
Planning and Development Services
Maddox said this
is the land
use portion of Project Lee. He
read only the caption of the ordinance on
second
reading.
2006-153.
Motion
the speed
limits would go
by
Eason, second
by
Berryman to
approve Ordinance
2006-152.
Approved 7-0.
7. Second Reading of an Ordinance Rezoning from RS, Residential Single -Family district with a PUD,
Planned Unit Development Overlay to MU -DT, Mixed Use Downtown district 0.26 acres in Block G,
Dalrymple Addition, located at 406 West University Avenue — Rebecca Rowe, Historic District Planner and
Bobby Ray, AICP, Director of Planning and Development Services
Ray explained the
item and read only the
caption of
the ordinance on second reading. Motion by Sansing,
second by Eason
to approve Ordinance
2006-153.
Approved 7-0.
DD Public Hearings and First Readings
1. First reading of an ordinance amending Section 10.12.090 of the Code of Ordinances establishing speed
limits on D.B. Wood Road from FM 2338 (Williams Drive) to SH 29 West, Georgetown Innerloop
Southeast from SH 29 East to Business 35 South (Austin Avenue) and Wolf Ranch Parkway from Rivery
Blvd. to SH 29 West; providing a conflict clause; providing a severability clause; providing for publication
and establishing an effective date — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant
City Manager for Utility Operations
Miller read only the caption
of the
ordinance
on first reading
after
having satisfied the requirements of the
City Charter. He explained
where
the speed
limits would go
into
effect.
The Public Hearing was opened at 7:15 p.m. There were no comments. The Public Hearing was closed at
7:15 p.m.
City Council Meeting Minutes/December 12, 2006
Page 6 of 9 Pages
Motion by Sansing, second by Eason to approve that D. B. Wood Road be 45 miles per hour all the way
through. There were Council comments and questions. Lotion by Smith, second by Oliver to amend to
go back to the staff recommendation. Approved 4-3. (Eason, Snell and Sansing opposed) Sansing said
there are too many different changes in the speed limit on that road and the possibility of animals on the
road. Motion by Sansing to go to 35 mph all the way. Motion died for lack of second. Carr asked and
Miller responded that HDR Engineering was hired to do surveys and the recommended speed limit was
dropped to 45 miles per hour on one stretch of the road. Motion by Eason, second by Sansing to amend
that the two ends would be 45 mph and the middle would be 50 mph which is the current speed. There was
further discussion. Denied 4-3. (Smith Carr, Oliver and Snell- (Berryman)* opposed) dote on original
motion as amended: Approved 4-3. (Snell, Eason, Sansing opposed) (*as corrected by Eason at the
January 9, 2007 Council Meeting)
2. Public Hearing and First Reading of an Ordinance Amending Section 11.03.020, ("Tree Survey
Required"), of the Unified Development Code to make the tree survey, tree protection, and tree mitigation
requirements applicable to all non Residential development regardless of size, and to add a tree survey
requirement related to Heritage Trees which would be applicable to all development -- Heather Brewer,
Urban Forester and Randy Morrow, Director of Community Services
Motion by Sansing, second by Berryman to postpone this ordinance. Denied 4-3. (Eason, Smith, Oliver
and Snell opposed)
Brewer explained the item, saying currently tree surveys are only required on non-residential development
that exceeds five acres. This ordinance would require that all new commercial projects, regardless of size
must provide a tree survey. She said the item was approved at the Planning and Zoning Commission by a
vote of 4 to 3.
The Public Hearing was opened at 7:29 p.m.
Speaker, John Bunten, said he loves trees and said planners need a tree survey to be able to protect trees.
He asked Council to give Council serious attention to these ordinances.
Speaker, Johnny Anderson, said the Planning and Zoning Commission heard this item and the next one
and they approved the elimination of the 5 -acre minimum. He said he voted against that because there
was no anlaysis done as to how many sites there are that would be required to participate; and he said he
felt it would be expensive and less efficient for developers and builders. He said on the second ordinance,
the Planning and Zoning Commission voted it down 6-1 because of confusion in the wording of the
ordinance. He said there was no provision for enforcement, and the issue of getting a permit from the
arborist in order to trim a heritage tree was onerous. He said there was a public hearing at the Planning
and Zoning Commission and public feedback was heard.
Snell asked Anderson about the four members of the Planning and Zoning Commission who voted for the
ordinance. Anderson said the four people that voted for the ordinance thought the economic concerns were
not sufficient to vote against it.
Speaker, John Gavurnik, said he is a local builder and was speaking on behalf of the local chapter of the
Homebuilders Association. He said he distributed two pieces of paper to Council on the dais. He said he
will construct a townhouse project and noted the 51 inch oak; saying there are no provisions for small lots
with one tree. He said there are discrepancies in the ordinance about what the builder and homeowner has
to do, saying he feels it should be written to apply the same way to everyone. He said he would like to see
where a staff member could go out and look at the tree rather than have to do a tree survey.
Yantis said staff has responded to the input from the Planning and Zoning Commission and from the
speakers that attended and has made significant changes in the ordinance. He said one issue that is still
unresolved pertains to Item DD -3 and the heritage tree ordinance that relates to an individual property
owner's already -developed single-family lot. He suggested that issue doesn't belong in the Unified
Development Code and should be put in as a new section to the Code of Ordinances for general provisions
that would apply across the board. He said the Unified Development Code applies to development and is
triggered by permits. He clarified that site plans are not required by individual single-family homeowners.
He said the primary intent on Item DD -2 is to remove the 5 -acre exemption related to commercial
development and to require a tree survey in residential subdivisions for heritage trees only.
Sansing
said he feels
responsible
for
bringing
this forward, and would like to see it get more involvement
from
the
builders
and
developers.
He
said
he
feels
the
ordinance
is not clear
and it needs to
be discussed
City Council Meeting Minutes/December 12, 2006
Page 7 of 9 Pages
in another public hearing to allow builders and developers to participate.
Yantis explained that the applicability section of the ordinance applies to all development and does cover
non-residential and residential development. He said the tree survey is the same as it always has been, but
staff has removed the 5 -acre exemption.
Snell said the Council instructed staff to do two things: one was the non-residential development, mainly
concerned with the kinds of fewer than 5 acre developments on Williams Drive, saying Council was
concerned not just about heritage trees but about all trees that were being removed. The second issue was
the heritage trees, everywhere, not just on commercial property. He said there has to be a method to
identify the trees. He said he feels staff did what they were asked to do.
Nelon said he thinks the issue was split by the Planning and Zoning Commission. He said the issue is not
the saving of the trees, it is the cost of identifying the trees. He said there is a suggestion that there be
sworn statements rather than tree surveys.
Yantis said the ordinance is asking for the developer to have an arborist look at the property and give a
report to the City.
Oliver
said he
was
under
the impression that
there
was difficulty because of the lack of a technical definition
of tree
survey.
He
said it
would be helpful to
have
clarification.
Yantis said more specifics would be brought back at second reading. He said there will be developers who
don't want to go to the expense of doing a tree survey for a 500 -acre subdivision because it would cost time
and money.
Berryman says the Council wants to have affordable housing. She said she thinks this needs more time to
be discussed.
Snell said the reason the Council is talking about this tonight is because the Council determined that
waiting until March is inappropriate.
Motion by Eason, second by Oliver to approve on first reading. Smith said he thinks the City went too far
regarding one- or two -acre sites that couldn't be developed without cutting down a heritage tree.
Motion by Smith, second by Sansing to amend to put a size limit of removing the exemption on two acres
instead of five acres. Eason said the ones they are concerned about are smaller than two acres.
Brandenburg asked Ray to note the size of the lots that were complained about. Vote on amendment:
Denied 5-2. (Eason, Carr, Oliver, Snell, and Berryman opposed) Sansing said he is in favor of saving
trees, but asked that Council look at other options.
Yantis read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. Vote on the motion: Approved 4-3. (Carr, Sansing and Berryman opposed)
3. Public Hearing and First Reading of an Ordinance Amending Section 11.03, ("Preservation of Natural
Features and Trees") , of the Unified Development Code to add new provisions relating to the protection
and preservation of Heritage Trees -- Heather Brewer, Urban Forester and Randy Morrow, Director of
Community Services
Brewer noted that this ordinance relates only to the heritage trees of 30 -inch caliper and greater of certain
species and effects both residential and commercial development. With a slide presentation, she described
heritage trees.
The Public Hearing was opened at 8:17 p.m.
Speaker, John Gavurnik, said he thought the ordinance was much clearer now than when it was presented
at the Planning and Zoning Commission, but he said there are still a lot of things that haven't been
addressed, as mentioned in his email on November 20. He listed them and said he would like to have
another 90 -day period in which to work on this.
The Public Hearing was closed at 8:21 p.m.
Yantis read only the caption of the ordinance on first reading after having satisifed the requirements of the
City Council Meeting Minutes/December 12, 2006
Page 8 of 9 Pages
City Charter. He clarified the language regarding the pruning of a heritiage tree that is causing eminent
danger, saying that is in the ordinance. He also said the City has contracts with pruning companies who
have certified arborists on staff, which allows them not to have to go through the permitting process; but for
any removal of a heritage tree, they would need to go through the permitting process.
Motion by Sansing, second by Eason to approve as presented by staff. Motion by Sansing, second by
Smith to amend page 5 of 8, Section E, Item 3, to change 30 days to 10 days which includes Saturdays
and Sundays. Approved 5-2. (Eason and Snell opposed) Motion by Sansing, second by Berryman to
amend to change to 45 days after receipt of appeal and should be at the next possible Council Meeting.
Approved 6-1 (Oliver opposed) Motion by Sansing, second by Berryman to change Page 6, Mitigation by
Payment, to reduce to $100 per caliper inch of tree. Yantis suggested a Council decision as to a fee.
Sansing and Berryman removed their motion. Motion by Sansing, second by Eason to reduce the caliper
of a heritage tree from 30 inches to 26 inches. Approved 4-3. (Berryman, Snell and Carr opposed) Eason
suggested and Brewer agreed that transplanting heritage trees could be added as an option.
Smith said he doesn't want the permission to prune a heritage tree to have to come to Council. Yantis
suggested changing the definition of urban forester. Smith asked why non -heritage trees are listed. There
was further discussion.
Eason asked about adding heritage trees to the Code of Ordinances. Carls noted that Council could direct
staff. Motion by Eason, second by Smith to direct staff to work on changing the municipal code to deal with
the residential heritage trees, as listed by John Gavurnik. There was further discussion about whether this
was restricted to just residential or to all property. Vote on the moiton: Approved 7-0.
EE Consideration of canceling the second City Council Meeting in December -- Mayor Gary Nelon
Motion by Smith, second by Eason to approve the cancellation of the second meeting in December. Approved
7-0,
FF Consideration and possible action to approve the appointment of a Council Subcommittee to review
applications and recommend members for the 2007 City of Georgetown Boards and Commissions for Council
consideration in February 2007 -- Mayor Gary Nelon
Nelon nominated Councilmembers Berryman, Eason, and Smith. Motion by Carr, second by Oliver to approve
the appointments. Approved 6-0. (Sansing abstained)
The meeting was adjourned at 08:45 PM.
City Council Meeting Minutes/December 12, 2006
Page 9 of 9 Pages
Attest:
City Secretary Sandra Lee