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HomeMy WebLinkAboutMIN 12.09.2025 CC- W&RMinutes of the City Council City of Georgetown, Texas Tuesday, December 9, 2025 The Georgetown City Council met on Tuesday, December 9, 2025, at 2:00 PM at the Council and Court Building, 510 W. 9th Street. The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King, Jr Street for additional information; TTY users route through Relay Texas at 711. The following Members were in attendance: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Josh Schroeder, Shawn Hood, and Ron Garland 1. Policy Development and Discussion - Workshop Mayor Schroeder called the meeting to order at2:00 p.m. 1.A Bell -Sharkey In -City MUD Request Presentation, discussion and possible recommendations regarding the creation of an In -City Municipal Utility District (MUD) for the proposed Bell -Sharkey Development -- Nick Woolery, Assistant City Manager Woolery introduced the item and reviewed the MUD Policy; current service areas serving the property; location and future land use; Mixed Density Neighborhood (MDN) zoning; Bell Sharkey Concept Plan; MUD Policy compliance for MUD debt/tax rate regulation, parks, trails, and amenities, architectural and design standards, water and wastewater infrastructure; and parks and open space plan. Dante Monsivais with Pulte presented and reviewed the Pulte Group overview, Georgetown communities, Bell Sharkey development timeline, planned amenities, private amenity concept, Lift station site dedication, and high-level costs. Woolery noted the needed Council feedback and direction. General discussion among Council, staff, and Pulte Group regarding masonry requirements; building types planned for the development; what does and does not qualify as masonry and what possible substitutions would be allowed; cost difference in building material types; land use for the surrounding area of the proposed project; and the possible location of commercial on the site. 1.13 Austin Avenue Pedestrian Bridges Status Update Staff will provide an update on the status of the Austin Avenue Pedestrian Bridges project and request feedback from City Council on how to move forward with the project -- Nick Woolery, Assistant City Manager Woolery presented and reviewed the project history, background on Pedestrian Bridges design, renderings for Options 1, 2, and 3, and a design status update. Brian Coltharp with Freese and Nichols addressed the Council regarding the history of the company, their dedication to correcting issues, and their dedication to working with the City towards a positive outcome. Woolery resumed and presented available funding, options for completing the project, original project goals and objectives, original bridge inspiration example projects, and a summary of the original public feedback. John New with Freese and Nichols presented and reviewed the project options going forward and renderings of the project. Woolery presented and reviewed the breakdown of details for the remaining options to complete the project, a summary of options, and the needed Council feedback. General discussion among Council and staff regarding building materials, the life cycle of the bridges, bridge railings and rail standards, differences in cost estimates for different options, cost associated with adding the overlook portion of the pedestrian bridge, bridge illumination, maintenance cycles for bridge materials, and location of overlooks. Mayor Schroeder called for a break at 3:48 p.m. and resumed the meeting at 3:28 p.m. 1.0 Visitors Center Temporary Closure and Renovation Update Presentation and discussion regarding the Visitors Center temporary closure and renovation update -- Kim McAuliffe, Downtown & Tourism Director McAuliffe presented and reviewed the project background, reasons to renovate now, renovation scope, temporary closure and relocation plan, budget and funding overview, and summary. General discussion among Council and staff regarding how approximately 40,000 people visit the Visitors Center each year, HOT (Hotel Occupancy Tax) funds/Capital reserve funds can cover costs for this project, and how no other current projects are needing to use the capital reserve funds. 1.D Fourth Quarter Financial Report Presentation and discussion regarding the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporations (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended September 30, 2025 -- Nathan Parras, Assistant Finance Director Parras presented and reviewed the fourth quarter background, general fund revenue budget sources, electric fund, general fund, sales tax, property tax, franchise fees, PILOT, Planning and Development revenue, Fire and EMS revenue, parks and recreation, general fund expense budget sources, personnel costs, operations costs, year -over- year increases that are expected, Electric Fund revenue budget sources, Electric sales revenue, expense budget, net purchased power, year-to-date quarterly net purchase power comparison, Water Fund revenue budget sources, Water, Wastewater, and Irrigation charges, impact fee revenues, expense budget, and water revenues and expenses. General discussion among Council and staff regarding the change in the location of solid waste funds, the drop in Planning and Development fees, single-family housing versus multi -family housing, and energy market impacts. 1.E FY2025 Year -End Budget Amendment Presentation and discussion of the FY2025 Year -End Budget Amendment -- Nathan Parras, Assistant Chief Financial Officer Parras presented and reviewed the need for a year-end budget amendment and included funds in the upcoming amendment; general fund notes for a transfer from the Council Discretionary Fund for the acquisition of property at 208 W. Monroe Street, year-end true up, and vehicle upfitting; general capital projects; Water and Fleet; Funds; Solid Waste revenue and expenses; Special Revenue Funds; and the Self Insurance Fund. The Council had no comments or questions on the presentation. Mayor Schroeder recessed into Executive Session at 4:39 p.m. 2. Executive Session In compliance with the Open Meetings Act, Chapter 551, Texas Government Code, Vernon's Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. 2.A Executive Session 12.9.2025 Sec. 551.071: Consultation with Attorney Advice from the attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items. - Litigation Update - Long-term Water Supply Contracts - 717 & 729 CR 105 Spur Sec. 551.072: Deliberations about Real Property - 9th and Main 3. Regular Session -This portion of the meeting will begin no earlier than 6:00 pm. Mayor Schroeder called the meeting to order at 6:05 p.m. &A Call to Order 12.9.2025 Pledge of Allegiance Recognitions - Municipal Court Staff Action out of Executive Session 4. Public Wishing to Address Council Q.n__a_s_ukzjeoLthat_is_.posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, prior to the start of the meeting. You will be called forward to speak when the Council considers that item. Only persons who have delivered the speaker form prior to the meeting being called to order may speak. Speakers will be allowed up to three minutes to speak. If you wish to speak for six minutes, it is permissible to use another requestor's granted time to speak. No more than six minutes for a speaker may be granted. The requestor granting time to another speaker must also submit a form and be present at the meeting. On a sub. ct not posted on the agenda: An individual may address the Council at a regular City Council meeting by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the individual's name and a brief description of the subject to be addressed. Only those persons who have submitted a timely request will be allowed to speak. Speakers will be given up to three minutes to address the City Council. The City Secretary can be reached at (512) 931- 7715 or cs@georgetown.org. 4.A Public Wishing to Address 12.09.2025 Justin Tullos would like to address the Council regarding Veteran Service Dog, ADA Issues with Parks Administration, and locked fencing around McMaster Fields. Mr. Tullos asked to be placed on the January 9, 2026, City Council agenda. 5. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items which may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order to be discussed and acted upon individually as part of the Regular Agenda. Moved by Kevin Pitts; seconded by Jake French to Approve as presented. Motion Approved: 7 - 0 Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Shawn Hood, and Ron Garland Voting Against: None 5.A City Council Minutes 11.25.2025 Consideration and possible action to approve the minutes of the City Council meeting held on November 25, 2025 -- Robyn Densmore, City Secretary 5.13 Brigance Appointment to Housing Advisory Board Consideration and possible action to confirm the appointment of Roger Brigance to the Housing Advisory Board to fill a vacancy -- Mayor Josh Schroeder 5.0 Appointment of Egan, Doak, and Smith to Unified Development Code Advisory Committee Consideration and possible action to appoint Ryan Egan, Anthony Doak, and Landon Smith to the Unified Development Advisory Committee to fill vacancies -- Mayor Josh Schroeder 5.D Resolution - Civil Service Commission Member Appointment of Pondrom Consideration and possible action to approve a Resolution confirming the appointment of Joseph Pondrom to a term on the Fire Fighters' and Police Officers' Civil Service Commission -- David Morgan, City Manager 5.E Resolution - ETJ Disannexation - Caspian Properties LLC - 9.996 Acres Consideration and possible action to approve a Resolution to confirm the disannexation of approximately 9.996 acres of land from the City of Georgetown's Extraterritorial Jurisdiction (ETJ), identified as Williamson County Appraisal District Parcels R338539 and R040030 and owned by Caspian Properties LLC -- Michael Charles, Real Estate Services Coordinator 5.F Resolution - ETJ Disannexation - Malvaiz -1.13 Acres Consideration and possible action to approve a Resolution to confirm the disannexation of approximately 1.13 acres of land from the City of Georgetown's Extraterritorial Jurisdiction (ETJ), identified as Williamson County Appraisal District Parcel R042983 and owned by Rogelio Malvaiz -- Michael Charles, Real Estate Services Coordinator 5.G Resolution to Adopt the Georgetown Public Library Polices Consideration and possible action to approve a Resolution adopting the Georgetown Public Library policies -- Sally Miculek, Library Director 5.1-1 Resolution - Annual Adoption of the City's Investment Policies Consideration and possible action to approve a resolution formally adopting the City's Investment Policies for Fiscal Year 2026 -- Nathan Parras, Assistant Finance Director 5.1 Fourth Quarter Financial Report Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporations (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended September 30, 2025 -- Nathan Parras, Assistant Finance Director 5.J Pegatron Corporation LLC Economic Development Agreement Consideration and possible action to approve an economic development agreement between Pegatron Corporation and the City of Georgetown -- Cameron Goodman, Economic Development Director 5.K Pegatron Corporation LLC Tax Abatement Agreement Tax Abatement Agreement Consideration and possible action to approve a property tax abatement agreement between Pegatron Corporation LLC., and the City of Georgetown -- Cameron Goodman, Economic Development Director 51 Compal Technology USA Inc. Economic Development Agreement Economic Development Agreement Consideration and possible action to approve an economic development agreement between Compal Technology USA Inc., and the City of Georgetown -- Cameron Goodman, Economic Development Director 5.M Compal Technology USA Inc., Tax Abatement Agreement Consideration and possible action to approve a property tax abatement agreement between Compal Technology USA Inc., and the City of Georgetown -- Cameron Goodman, Economic Development Director 5.N Resolution - FM 971 Shared Use Paths AFA Consideration and possible action to authorize the City Manager to negotiate and execute an advanced funding agreement (AFA) with the Texas Department of Transportation for the construction of shared use paths along FM 971 -- Wesley Wright, PE, Systems Engineering Director, and David Herzog, CIP Manager 5.0 Resolution - AFA with TxDOT for Austin Avenue and Downtown Square Conversion PS&E Consideration and possible action to authorize the City Manager to enter into an Advanced Funding Agreement with the Texas Department of Transportation related to full design of Austin Avenue and the Downtown Square transportation improvements -- Wesley Wright, PE, Systems Engineering Director, and David Herzog, CIP Manager 5.P Resolution - AFA with TxDOT for Leander Road Shared Use Paths Consideration and possible action to authorize the City Manager to enter into an Advanced Funding Agreement with the Texas Department of Transportation related to the construction of shared use paths along Leander Road -- Wesley Wright, PE, Systems Engineering Director, and David Herzog, CIP Manager 5.Q Agreement with National Sign Plazas, Inc. - Phase 1 of Wayfinding Signage Implementation Consideration and possible action to approve an agreement between National Sign Plazas, Inc. and the City of Georgetown for fabrication and installation services for Phase 1 (Downtown Overlay District) of the Wayfinding Signage Implementation in the amount of $355,580.02 -- Kim McAuliffe, Downtown & Tourism Director, and Kendal Buechler, Tourism Manager 5.11 Amendment to Engineering Services Agreement with INTERA, Inc. Consideration and possible action to amend an Agreement for Engineering Services with INTERA, Inc. to increase the not -to -exceed amount from $330,000.00 to $480,000.00 -- Caroline Stewart, Strategic Projects Manager 53 Electric SCADA Software Agreement - Survalent Consideration and possible action to approve an agreement with Survalent Technology Corp., for three years with two optional annual renewals for a total five -year term to provide software and implementation for the electric SCADA system in an amount not to exceed $1,066,956.54 -- Justin Breithaupt, Utility Operational Technology Manager, and Daniel Bethapudi, Electric Utility General Manager 5.T Irrigation, BackfLow Testing, and Tree Planting Contract Consideration and possible action to approve the first renewal of the services contract with American Irrigation, LLC. of Georgetown, Texas for irrigation, backflow testing, and tree planting services at City facilities and parks in the amount of $193,762.35 -- Eric Nuner, Assistant Parks and Recreation Director. 5.0 OpenGov Work Order/Asset Management Software Consideration and possible action to approve an agreement with VertoSoft for the purchase and installation of OpenGov Work Order/Asset Management software, for an amount not to exceed $340,589.02 -- Eric Johnson, Public Works Director 5.V Citywide Camera Replacements, Server Replacements, Customer Support Program, Security Installations, Maintenance, and Repairs by Convergint Technologies Consideration and possible action to approve the agreement with Convergint Technologies of Austin, TX to provide Citywide security equipment and services procured pursuant to Sourcewell contract 121024-CTL in an amount not to exceed $480,149.00 -- Eric Johnson, Public Works Director, and Trish Long, Facility Services Manager 5.W Purchase Traffic Signal Equipment from Mobotrex for Citywide Repairs, Upgrades, and Updates to Existing Signals Consideration and possible action to approve the purchase of traffic signal equipment from Mobotrex, LLC pursuant to BuyBoard Contract 703-23 in an amount not to exceed $1,372,720.00 -- Eric Johnson, Public Works Director 5.X Purchase Signal Equipment for Pedestrian Crossings with Consolidated Traffic Controls, Inc. Consideration and possible action to approve a purchase order with Consolidated Traffic Controls, Inc for signal equipment for pedestrian crossings in the amount of $204,033.00 - - Eric Johnson, Public Works Director 5.Y DBT Transportation Services LLC Contract Consideration and possible action to approve a contract for the replacement of communication equipment at the Georgetown Executive Airport Air Traffic Control Tower with DBT Transportation Services under Sourcewell Contract 110122 -- Matthew Sommerfeld, Georgetown Executive Airport Manager, and Eric Johnson, Public Works Director 5.Z Williams Drive Illumination Bid Rejection Consideration and possible action to reject the bids related to the Williams Drive Illumination Project (Jim Hogg Drive to Shell Road/DB Wood Road) in the amount of $0.00 -- Wesley Wright, PE, Systems Engineering Director and Darwin Marchell, PE, HDR, Inc. 5.AA 5th Amendment to Task Order KHA-22-002 with Kimley-Horn and Associates, Inc. re: Professional Engineering for DB Wood Phase Two (Oak Ridge to South of Williams Drive) Consideration and possible action to approve a Fifth Amendment to Task Order KHA-22-002 to Kimley -Horn and Associates, Inc. for professional engineering services related to the design of DB Wood Phase Two (Oak Ridge to South of Williams Drive) in the amount of $866,933.00 -- Wesley Wright, PE, Systems Engineering Director, and Darwin Marchell, PE, HDR, Inc. 5.AB Master Services Agreement 26-0057-MSA with CDM Smith Consideration and possible action to approve a Master Services Agreement 26-0057-MSA with CDM Smith Inc. of Austin, Texas for professional engineering services -- Wesley Wright, P.E., Systems Engineering Director 5.AC Task Order CDM-26-001-TRF with CDM Smith for Rattlesnake Facilities Consideration and possible action to approve Task Order CDM-26-001-TRF with CDM Smith, Inc. for professional services related to the Taylor and Rattlesnake Facilities project in the amount of $5,690,328.00 -- Wesley Wright, P.E., Systems Engineering Director 5.AD FY26 Purchase of Fire uniforms from Galls, Inc. Consideration and possible action to approve the purchase of uniforms from Galls, Inc. using BuyBoard Contract 773-25 at a cost not to exceed $150,000.00 -- John Sullivan, Fire Chief 5.AE FY26 Purchase of Police uniforms and equipment thru Galls, LLC BuyBoard Cooperative 773-25 Consideration and possible action to approve spending an amount not to exceed $125,000.00 to Galls for the purchase of police uniforms and equipment -- Cory J. Tchida, Police Chief 5.AF Ratification for EMS Tahoe Consideration and possible action to ratify the purchase of a Chevy Tahoe pursuant to BuyBoard Contract # 698-23 to be used as the Critical Care EMS Tahoe in an amount not to exceed $84,660.48 -- John Sullivan, Fire Chief 5.AG Police Department Bearcat Armored Vehicle Purchase Consideration and possible action to approve the purchase of a Lenco Bearcat Armored Vehicle in an amount not to exceed $350,000.00 - Cory J. Tchida Chief of Police 5.AH Renewal of Contract with Gaffney Consulting LLC for Workday HCM Support Consideration and possible action to approve Renewal One(1) with Gaffney Consulting LLC, effective January 1, 2026 for Workday HCM post go -live and on -going support services for an amount not to exceed $130,000.00 -- Jamie Beran-Human Resources Manager 5.AI Contract for Medical Stop Loss Consideration and possible action to approve a Resolution awarding United Healthcare the contract for medical stop loss reinsurance for a total not to exceed amount of $264.30 per employee per month and to delegate authority to the City Manager to negotiate and execute the contract -- Laura Maloy, Human Resources Director 5.AJ Purchase of Computer Equipment for Public Safety to Replace Aging Devices and Add New Equipment for New Staff Consideration and possible action to approve a purchase of ruggedized laptops for police and fire from Ingram Technologies, LLC utilizing DIR Contract DIR-CPO -5225 for an amount of $201,096.00 -- Chris Bryce, IT Director and Jess Henderson, IT Manager 5.AK Correction of a Clerical Error for an Appropriation to ImageTrend, Inc. on the ImageTrend Fire RMS software System Consideration and possible action to approve an appropriation of $64,798.38 to ImageTrend, Inc. for subscription and maintenance fees on the ImageTrend Fire RMS software system -- Chris Bryce, IT Director; Jess Henderson, IT Manager- Public Safety 5.AL Annual Appropriation to Central Square Technologies, LLC, for ONE Solution Computer - Aided Dispatch (CAD) System Consideration and possible action to approve an annual appropriation to Central Square Technologies, LLC, for software solutions and support services for year two of the five-year agreement at a cost not to exceed $256,440.09 -- Chris Bryce, IT Director and Jess Henderson, IT Manager - Public Safety 5.AM Second Reading - Ordinance Amending Chapter 2.72 of the Code of Ordinances Related to the Library Advisory Board Second Reading of an Ordinance amending Chapter 2.72 of the Code of Ordinances related to the enhanced purpose of the Library Advisory Board -- Sally Miculek, Library Director 5.AN Second Reading -Ordinance amending Section 13.12.040, "Waste collection and charges mandatory; exceptions" Second Reading of Ordinance Amending Section 13.12.040, "Waste collection and charges mandatory; exceptions" of the Code of Ordinances of the City of Georgetown -- April Haughey, Assistant Public Works Director 5.AO Second Reading - LCRA Development Agreement Second Reading of an Ordinance approving a request for a Development Agreement for the LCRA TSC Georgetown Substation, pertaining to a proposed improvement of an existing electric substation on approximately 1.24 acres generally located at 920 W. University Ave. and the temporary placement of a modular substation on approximately 2.46 acres generally located at 921 W. University Ave. -- Jack Daly, Chief Business Officer — Electric Utility 5.AP Second Reading -Ordinance for Medical Transfer Services Franchise Agreement extension with Acadian Ambulance Service Second Reading of an Ordinance amending Article I of Chapter 14.28 of the Code of Ordinances extending the franchise agreement with Acadian Ambulance Service of Texas, LLC, to operate a medical transfer service -- John Sullivan, Fire Chief 5.AQ Second Reading - 2025-7-REZ -1700 Garden Villa Drive Second Reading of an Ordinance on a request for a Zoning Map Amendment to rezone Lot 4, Block E out of the Williams Addition Unit 6 Subdivision from the Residential Single -Family (RS) zoning district to the Two -Family (TF) zoning district, for the property generally located at 1700 Garden Villa Drive, Georgetown, Texas (2025-7-REZ) -- Colin Davidson, Planner II 5.AR Second Reading - 2025-6-REZ - 501 W 8th Street Second Reading of an Ordinance on a request for a Zoning Map Amendment to rezone Lot 4, Block M out of the South San Gabriel Urban Renewal Subdivision, from the General Commercial (C-3) zoning district to the Local Commercial (C-1) zoning district, for the property generally Located at 501 W 8th Street, Georgetown, Texas (2025-6-REZ) -- Colin Davidson, Planner II 6. Legislative Regular Agenda 6.A First Reading -Amending the FY2025 Annual Budget for Year -End Obligations First reading of an Ordinance amending the FY2025 Annual Budget for Year -End obligations that were not known at the time the budget was adopted -- Nathan Parras, Assistant Chief Financial Officer Parras presented and noted that this action item was based on the workshop item earlier in the day. Parras read the Ordinance caption. The Council had no comments or questions on the item. Moved by Kevin Pitts; seconded by Ron Garland to Approve as presented. Motion Approved: 7- 0 Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Shawn Hood, and Ron Garland Voting Against: None 6.B First Reading -Amending Sec 3.01.222 Regarding Overtime Pay for Eligible Exempt Employees First Reading of an ordinance to amend Section 3.01.222 of the Code of Ordinances of the City of Georgetown relating to overtime for eligible exempt employees -- Wayne Nero, Assistant City Manager Nero presented and reviewed the history related to the item and the summary of proposed changes. Nero read the Ordinance caption. The Council had no comments or questions on the item. Moved by Jake French; seconded by Amanda Parr to Approve as presented. Motion Approved: 7- 0 Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Shawn Hood, and Ron Garland Voting Against: None 6.0 First Reading - 2025-11-ANX - 4000 Jim Hogg Road Public Hearing and First Reading of an Ordinance on a request for the Voluntary Annexation of 6.34 acres of land out of the John Sutherland Survey, Abstract No. 553, and a 0.493-acre portion of Highland Spring Lane right-of-way, with the default zoning designation of Agriculture (AG), for the property generally located at 4000 Jim Hogg Road, Georgetown, Texas 78633 (2025-11-ANX) -- Colin Davidson, Planner II Edgar Garcia, Planning Director, presented and reviewed the initial default zoning under UDC Section 4.03.010; annexation process with default zoning; Aerial Map; Zoning Map; Future Land Use/Overall Transportation Plan Map; and how the application complies with the approval criteria of UDC Section 3.21.030. Garcia read the Ordinance caption. General discussion among Council and staff regarding the location of Williamson County right- of-way, and how a zoning change would come later in a future meeting if needed. Mayor Schroeder opened and closed the public hearing at 6:21 p.m. as there were no speakers. There was no additional discussion on the item. Moved by Kevin Pitts; seconded by Jake French to Approve as presented. Motion Approved: 7- 0 Voting For: Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, Jake French, Shawn Hood, and Ron Garland Voting Against: None 6. D Appeal - 2025-2-APL - 4142 Williams Drive Public Hearing and consideration of an Appeal of the Landscape Planner's decision to deny a Tree Removal Permit due to unpermitted tree removal for the property located at 4142 Williams Drive, Georgetown, Texas, bearing the legal description of Lot 2, Block A, out of the Georgian Village Subdivision (2025-2-APL) -- Edgar Garcia, Planning Director Garcia presented and reviewed the Location Map, direction from the UDC, case history, aerial photos of the property, action taken by staff to review the application and trees removed, how public notifications were sent, and to date staff has received no comments, and the action options of the Council on this item. Garcia read the Ordinance caption. General discussion among Council and staff regarding the ramifications of the different Council actions; estimated cost of fees for removing trees without a permit; number of trees removed by property owner before receiving a permit for tree removal; no clear idea on what types of trees were removed; some trees do remain; UDC standards for tree removal; where burden of proof Lies to determine wrong doing; owner is arguing a point of exemption based on property use and necessity of a permit; properties plat history; and how staff is not aware of the current capacity of the existing group home. Mayor Schroeder opened the public hearing at 6:35 p.m. Bill Garr, representing Rock House (the applicant), addressed the Council regarding the applicant's understanding of how the law applies to tree removal. Mayor Schroeder closed the public hearing at 6:35 p.m. General discussion among Garr, staff, and the Council regarding: the reason for tree removal related to failing septic system; location of current and future septic system; application of plat dates; provisions in the Code related to uses and use changes; how the applicant did not feel they were obligated and did not pursue a permit; how long the group home has been in operation; clarification on wording for different possible Council actions; how the wastewater permit is being held due to the dispute over the fine; and how the staff has offered best estimated on trees removed. General discussion among the Council after the motion regarding the difficulties around the situation, the need to uphold the rules of the code, and the interpretation of terms in the code. Moved by Kevin Pitts; seconded by Ben Butler to approve to deny the appeal as presented. Motion Approved: 7- 0 Voting For: Shawn Hood, Ron Garland, Amanda Parr, Kevin Pitts, Ben Butler, Ben Stewart, and Jake French Voting Against: Ngno Adjournment Mayor Schroeder a�rjournkd the meeting at 6:45 p.m. These minutes wore approved at the meeting of Mayor / / Attest �3 .