HomeMy WebLinkAbout02-04-2010 Regular Meeting
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City Council of Peachtree City
Minutes of Meeting
February 4, 2010
7:00 p.m.
The City Council of Peachtree City met Thursday, February 4, 2010, in the City Hall Council
Chambers. Mayor Don Haddix called the meeting to order at 7:00 p.m. Council Members
present: Vanessa Fleisch, Erik Irnker, Kim Learnard, and Doug Sturbaum.
Announcements. Awards. Special Recol!nition
The graduates of the Junior Police Academy were recognized.
Citizen Comment
Irnker addressed Council and commented on a budget meeting he held on January 30 with over
40 City residents. He highlighted budget concerns and a proposal for balancing the FY 2011
budget. He indicated there were many cost saving ideas that had been proposed. He wanted all
citizens including City workers to participate in generating cost-saving ideas.
Al!enda Chanl!es
There were no changes to the agenda.
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Minutes
January 21, 2010, Regular Meeting Minutes
January 21, 2010, Executive Session Minutes
Haddix noted there was an additional document on the dills - a change from Learnard on page 2
of the January 21,2010, regular meeting minutes. Leamard moved to approve the January 21,
2010, regular meeting minutes with the change as noted. Sturbaum seconded. The motion
carried 4-0-1 (Imker).
Leamard moved to approve the January 21,2010, executive session minutes as written. Fleisch
seconded. The motion carried 4-0-1 (Imker).
Monthlv Reports
There were no comments.
Consent Al!enda
1. Consider Sanitation Franchise - Integrated RecyclingfWaste Solutions
2. Consider Budget Amendment - FY 2010
3. Consider Appointment to PCTA Board of Directors - Kim Westwood
4. Consider Appointment to DAPC - Donna O'Kelly
Sturbaum moved to approve the Consent Agenda. Fleisch seconded. The motion carried
unanimously.
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Old Al!enda Items
There were no Old Agenda Items.
New Al!enda Items
02-10-01 Consider Agreement with South Side Cycling Club
City Council Minutes
February 4, 2010
Page 2
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Leisure Services Director Randy Gaddo addressed Council. He explained that the South Side
Cycling Club was a new club that lormed to promote and advocate safety and road awareness for
bicyclists and to encourage various types of cycling. The club was also a prerequisite for
becoming a Bike Friendly Community, which was a goal the City had been working toward for
some time. The club would sponsor various community-oriented activities, including rides on
the City's golf cart paths, road rides, safety classes for children, bike maintenance classes, skill
sessions, and others.
The agreement used the same format used by the youth associations and other special interest
groups using City facilities. It had been reviewed by staff, the City Attorney, and the club board.
The agreement was for one year and would be reviewed before renewal next January. The
Recreation Commission approved the agreement on January 25, but they had concerns they
would like to have addressed before renewing the agreement next year. One concern was that
the agreement did not include a.. fenced account similar to the youth associations, where a
minimum of $5 per in-County resident and $10 for out-of-County residents was charged at
registration by the club and placed into a fenced account in the City budget that could only be
used to improve the facilities they used or for operations and maintenance of the facilities.
Because the club was new, the decision was made to leave the fenced account out for the first
year to see how things went. The club was also asked not to hold any large events the first year
without working closely with the City, and the club had agreed. The 2010 agreement specified
one area, the 22-acre undeveloped tract adjacent to the Baseball Soccer Complex (BSC), that the
....., club could improve to offer a higher level of riding. Plans were to improve and maintain an
existing path in that area, with the Recreation Department assisting with signage and some site
clearing.
Sturbaum asked if there were any construction concerns in that area. Gaddo said there were not.
They planned to improve an existing path, and the improvements would not interfere with any
activities at the BSC or any other construction going on in that area.
Leamard thanked Dan Christensen and the other club volunteers for meeting a need in the City
and putting together a program for adults and kids.
Haddix asked for a motion, noting that he had requested that "should" be changed to "shall" in
paragraph 10 for reporting any damages.
Sturbaum moved to approve the agreement with the South Side Cycling Club as amended and
authorize the Mayor to sign. Learnard seconded. The motion carried unanimously.
02-10-02 Consider Agreements with Youth Associations
Gaddo asked Council to approve the agreements and authorize the Mayor to sign. He explained
that the programs were all run by volunteer organizations, and the agreements were signed on an
annual basis due to the turnover in the boards. There were four formats, all similar with slight
variations for the facilities that were used. There was a general format for lacrosse, BMX,
basketball, girls' softball, track, and football/cheerleading, as well as specific agreements for the
three baseball associations, soccer, and hockey. The agreements had been reviewed by staff and
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February 4,2010
Page 3
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the City Attorney. If Council approved the agreements, they would be executed immediately by
the associations.
City Attorney Ted Meeker said a change needed to be made to paragraph IS regarding any
damages noted. The word "should" needed to be changed to "shall." Meeker asked Caddo if the
groups were the same as last year. Gaddo said they would be individualized with the name of
the each association at the top.
Sturbaum asked the City Attorney if there was any conflict for him since he was the president of
the Little League organization. Meeker said there was not. It was the same contract with no
special benefit given over another organization.
Leamard moved to approve the agreements with the youth associations with the change to the
verbiage as noted and authorize the Mayor to sign. Sturbaum seconded. The motion carried
unanimously.
02-10-03 Consider Amend~ent to Amphitheater Fee Schedule
Amphitheater Manager Nancy Price said that, at the January 21 meeting, Council had directed
staff to propose a rental fee for use of the facility by all public and private Fayette County
schools. Price said the proposal included two different price structures - $150 fee for the facility
for a school event and $150 plus 20% of the net profit for a national act.
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Sturbaum said that some schools used local churches for their events, asking if use of the
Amphitheater might impact the schools' use of the churches. Price said the Amphitheater was a
special venue that would not compete with the churches and would not be optimal in all cases.
Leamard clarified that the facility could be used by school groups, such as the band or chorus.
Price said yes. .
Fleisch moved to approve the Amphitheater fee schedule. Sturbaum seconded. The motion
carried unanimously.
02-10-04 Discuss Code Enforcement Fee Schedule
Interim Community Development Director/City Planner David Rast said Council had asked staff
to research other jurisdictions and he clarified that the discussion regarded the fine schedule for
Code Enforcement violations. Rast said other jurisdictions had a fine schedule that allowed
citizens the opportunity to pay the fine in advance rather than go to Municipal Court to wait for
the judge to set the fine. Areas in the ordinance regarding the violations had also been identified
for updates, and those changes would be on the February 18 or March 4 agenda. Staff would
continue to look at the fine schedules in other Class B cities. If Council decided to move
forward, staff would meet with the City Solicitor and the Municipal Court Judge to discuss the
appropriate fines, and then bring those fines to Council for adoption.
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Haddix and Sturbaum agreed that information should be gathered.
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February 4, 2010
Page 4
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Learnard asked for examples of the violations. Rast said staff had looked at comparing the most
cOmmon offenses that citations were issued for, including high grass, parking on lawns,
swimming pool, and fence violations. Staff was looking at the historical information on the
types of citations and the fines imposed and comparing that with what other cities had in place.
A fine schedule would give residents the opportunity to pay the fine in advance and avoid going
to Court, which was similar to the process for most traffic tickets.
Imker said this was definitely an approach the City should take. Rast added that areas in the
ordinances had been identified that needed tweaking to aIlow Code Enforcement to do their jobs
and resolve the issues, rather than letting them drag on for a long time. He hoped to bring
something back at the March 4 meeting.
The Council consensus was to move forward. Fleisch asked if the changes would include items
discussed at the February 2 workshop. Rast said it would.
02-10-05 Consider Tree Removal Permit Fee Schedule
Rast said that staff had also been asked to look charging fees for tree removal permits. Several
years ago, the Vegetation Protection and Landscape Ordinance had been updated. The Planning
Commission and a citizen committee had reviewed the ordinance and recommended changes.
The committee had recommended charging for permits to remove trees on residential property,
but Council had not approved that recommendation.
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Rast noted that 930 residential permits were issued in FY 2009, and 5,151 trees had been
removed. The permit fee potential for FY 2009 could have been $23,250. (A copy of the
PowerPoint presentation is included in the meeting file.) He also showed a map of where the
trees were removed, showing were the permits had been issued. Rast continued that 549 permits
were issued in FY 2004 with 4,724 trees removed and a permit fee potential of $13,725. In FY
2005, 1,018 permits were issued, 6,583 trees were removed, with the permit fee potential of
$25,450. In FY 2006, 1,069 permits were issued, 7,202 trees were removed, and the permit fee
potential was $26,725. In FY 2007, 1,256 permits were issued, 7,834 trees were removed, and
the permit fee potential was $31,400. In FY 2008,1,072 permits were issued, 6,330 trees were
removed, and the permit fee potential was $26,800. To date in FY 2010,252 permits had been
issued, 1,234 trees were removed, and the permit fee potential was $6,300. The total number of
permits issued from FY 2004 to date was 6,146 with 39,058 trees removed. The total permit fee
potential over the six-year period was $ I 53,650. Rast pointed out the trees referenced were
removed after a certificate of occupancy was issued for the homes.
Rast continued that there had also been many complaints from residents in older neighborhoods
when tree companies had gone door-to-door soliciting work. The updated ordinance had
protected homeowners by requiring tree removal companies to be licensed and bonded, and the
approved companies were listed on the back of the permit. The ordinance had helped with
companies that cut the trees down and left the mess behind.
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Rast eXplained that, when a resident applied for a permit, a staff member went to inspect the
trees to ensure they were not specimen or protected trees. For the most part, the permits were
approved since the ordinance did not have lot of teeth to prevent tree removal. If the trees were
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February 4, 2010
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healthy and posed no danger, staff would speak to the owner and try to convince them to
preserve the trees, which worked ill some cases. There was also a time when timber prices were
high and logging companies went into certain areas and convinced homeowners to cut down
trees.
When the fee was initially recommended to Council when the ordinance was updated, Council
adopted the ordinance without the requirement for the fee. It took time to inspect and follow-up
on permits, and the permit fee was an effort to re-coup staff costs. Staff recommended a $25 fee
be implemented, which was low compared to the amount of staff time involved.
Fleisch asked if the Tree Board had helped with the earlier changes to the ordinance. Rast said a
Tree Board had been included when the ordinance was updated, but the group had never been
formalized. The board had been a requirement for the Tree City USA designation several years
ago; however, running the board would also take staff time. Fleisch expressed concern about the
number of trees taken down. She felt that such a committee might come up with another way to
save trees. Now, the City was accounting for the trees, but not conserving them. She was also
concerned about the types of trees coming down. Rast said more trees were taken down in 2005,
2006, and 2007. There had beena couple years of pine beetle infestation, especially in areas
with thickets of pines. Now that the drought was over, the problem with pine beetle infestations
had been alleviated. The economy was another factor influencing the decline in permits.
r- Haddix asked if anyone had any opposition to the proposed fees.
Juan Matute said he was not opposed to the fee, and the trees were what attracted him to the
City. He chose the lot in his neighborhood with the most trees, but trees did not live forever. He
had to take some down due to disease or leaning and falling, and he was vigilant on taking care
of the trees that were left. He felt residents should not be penalized for removing trees due to
disease or safety concerns.
Haddix said he also had to take down some trees due to disease, but the fee was not to penalize
people, but to cover the staffing costs. Either the homeowner or the taxpayer would have to pay
for the staff time.
Sturbaum agreed that the number of trees taken down since FY 2004 was staggering, but trees
had to come down when there was an infestation. The permit was one way to protect the trees,
and the fee would help recoup the administrative costs.
,....
Leamard asked if the fee would be per visit by staff. Rast said it would be charged per
application. Staff time was involved when trees were diseased, but those trees needed to come
down. Staff had talked about how to differentiate between trees removed for safety and those
removed because the owner just wanted to take them down. Sturbaum suggested charging the
fee for cosmetic removal, but waiving it if there was a disease or danger to life, limb, and
property.
Meeker clarified that the fee was for one permit, which could cover five trees. The charge was
not $25 per tree.
City Council Miuutes
February 4, 2010
Page 6
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McMullen said that he would rather n(jt make exceptions in the fee because people could argue
about the exception, especially if staff disagreed whether danger was the reason to remove a tree.
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Leamard asked what other permits costs. Rast said a roofing permit was $50, fence permits were
$25 or $30, and the various building permits were based on a sliding scale based on the amount
of work being performed.
Imker said he was tempted by the money the City could receive for the permits, but he was
disappointed the City was starting to "fee" citizens for everything possible. At this point, he did
not support this fee. Haddix said if a fee was not charged, then property taxes would pay for the
costs. Imker said staff was paid from the General Fund, which was created from dozens of
revenue sources. Specifically identifying one source of revenue to pay for administrative costs
for tree permits was not valid. Haddix said that administering the permits consumed time, and
ultimately someone would pay for the time.
Haddix said an area ofwidespreadbliglit could be an exception. Rast said that was the case with
Camp Creek Estates, where a large number of pine trees throughout the subdivision had to be
taken down so the pine beetles would not spread.
Beth Pullias said the purpose of the permit seemed to be to account for the trees and keep track
of what was disappearing and why. It was valid to track the trees and to charge a fee to do so.
Her concern was enforcement. The City needed to ensure all the homeowners associations
(HOA) knew a City permit was required since some residents had their trees removed through
the HOA. She said she was an HOA president, and she had not known until this meeting that a
permit was required.
Haddix agreed that, when serving as president of his HOA, he had to stop people from taking
down trees in the past. He noted that taking down trees harmed the value of the neighborhood,
especially in subdivisions without an HOA. He asked if there was any way to incorporate that
concern into the permit. Rast said HOAs had been discussed initially. The covenants had
expired in the older subdivisions, and it was fair game for people to do what they wanted. There
had been a significant number of complaints when new people moved in and took down trees.
The City would continue to see that issue as covenants expired. Currently, applicants that lived
in subdivisions with HOAs had to provide a letter of approval from the HOA to get the permit.
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Leamard asked what happened if trees were cut down without a permit. Rast said they were
cited and brought to Court. The fine schedule was associated with the caliper inches of the trees
removed. There was no requirement to replace trees. Leamard felt there should be a full court
press to let the public know permits were required. Fleisch said she had spoken to the Public
Information Officer about the issue. Her concern was that a fee would be collected, but the City
had not gone with the intent of the ordinance, which was to account for the trees and also to
preserve them. She would like to see some public education regarding the number of trees being
taken down and about conserving them.
Mary Giles questioned whether the tree companies were required to pull the permit for the
homeowners, adding that it was very rare for a homeowner to take down their own trees. Rast
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February 4, 2010
Page 7
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said the permit was available on online, but the process was the same whether the homeowner or
the tree company applied for the permit.
David Ott said he lived in a newer subdivision where the land had been cleared. He asked ifhe
would have to pay $25 to take down a smaller sapling compared to a number of trees on a
wooded lot. He suggested a sliding scale based on the number of trees be considered. He also
suggested returning a portion ofthe fee ifthe owner submitted proof that the tree taken down had
been replaced.
Rast clarified that permits were required for trees larger than three caliper inches at breast height
(four and one-half feet). A letter from a certified arborist was required for removal of specimen
trees.
Haddix asked Council if they wanted to approve the fees with the suggested changes or have
staff make the adjustments and bring it back for approval. Sturbaum said he would like for staff
to look at the fee related to the number of trees, and then bring it back for another look. He
moved to continue the tree removal permit fee schedule to February 18 for staff to look at
coming up with a graduated scale. Learnard asked to add the possibility of a credit for replacing
the trees. Fleisch also had questions about Tree City USA. Sturbaum withdrew his motion.
Haddix said there should be an exception for an epidemic oftree disease.
..... Sturbaum moved to continue the tree removal permit fee schedule until February 18 for staff to
look at the four points made by Council. Learnard seconded. The motion carried unanimously.
Council/Staff Topics
Presentation of the GIS Web-Map
Tony Whitley, systems specialist -.: Geographic Information System (GIS), gave an overview of
the City's new online mapping format, reviewed the uses of GIS, and asked for feedback from
Council. (A copy of his PowerPoint presentation is included in the meeting file.) Whitley gave
a demonstration on how to use the GIS web-map. He noted that they were creating an interface
so staff could update the mapping data from the field, creating links/options to allow the public
to report problems via the online map, and continuing to add data layers.
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Presentation of GovQA Web-based Software
Administrative Services Director Nikki Vrana said this program had been in the works for
approximately one year. One way to provide better communication with citizens was to provide
an integrated data system. Information came from different avenues. People called, emailed,
sent letters, used the City website, or stopped by various departments to report problems. The
information was routed to the correct department/employee. The City currently had separate
databases for issues involving Code Enforcement, stormwater, engineering, traffic, public works,
Comcast, and general concerns. From a management standpoint, there was no top level
overview of the information. In 2do8, staff also looked at constituent relationship management
systems (CRM). Staff knew what they wanted in a database, but needed to identify all of the
existing needs for a new system. Webinars were held with key employees in the different
departments, and all were interested in a single consolidated system. One particular need
regarded e-mails that Council received about different problems. Currently, Council would
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Ii request the information from the City Manager, who then contacted the staff person for the
information. Hopefully, Council would receive the information within 24 to 48 hours. There
would be read~only access to the new system, and Council would be able to check on the real-
time progress of an issue/problem/situation.
City Council Minutes
February 4, 2010
Page 8
City staff began working with GovQA in August 2009 and budgeted for the software in the
Community Development FY 2010 budget since Code Enforcement had been identified as the
segment that would get the "biggest bang for the buck." GovQA was a web-based system that
cost $7,500 for implementation and a one-year subscription. The contract was negotiated with a
locked-in cost of $200 per month for year two and beyond, or $2,400 for a one-year subscription
for the entire City with an interface on the web site for citizens. There were no additional fees for
hardware since it was a web-based system. It also provided the opportunity to create a mobile
office for police officers and Code Enforcement, who already had computers in their vehicles.
GovQA used a workflow system that the City was able to set up and would be able to modify if
needed. It would also provide more accurate histories and reporting when fully implemented in
all the departments.
Systems Administrator Matt Robinson gave a brief demonstration on how the system worked for
Code Enforcement and a preview of how the citizen interface would work later in the year. He
noted that Code Enforcement began using the system on January 1. The target for City Hall to
begin was late summer, with citizen interface targeted for fall. Public Works and the Stormwater
...... Utility should begin using the system in the winter, with Traffic uses scheduled to start Spring
2011. Robinson added that the Public Safety fee would be a bit higher, but he would provide
that information to Council later. Imker asked if a password would be needed to view
information in the system. Robinson said a password would be required, and citizens would be
able to create their own user names and passwords. Imker said it would be an open record, so
citizens should be able to view the information. Robinson said the system was designed more
for tracking individual complaints. He would check with the vendor to see if the system allowed
for open access and see if open access could be provided for citizens.
Standardization of Format for Bylaws of Commissions & Authorities
Vrana said staff had been asked about standardization of commission and authority bylaws,
noting that there were inconsistencies in the layout of the documents. Some documents only had
excerpts from meeting minutes indicating that changes were made to the bylaws. Meetings were
planned the next week with recording secretaries and staff support for the commissions and
authorities to review several things, and they would discuss the inconsistencies and try to correct
them. Vrana and Robinson demonstrated how to get to the bylaws and enabling legislation via
the website.
Imker said he had a list of hot topics that he would like to include for updates every meeting.
Since they were topics of interest to the public, he would like to continue the updates and hoped
Council agreed.
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Rast said that the SR 54 West/CSX multiuse pathlturmel project was moving forward. Due to
the holidays, not being able to shul' down traffic, and the weather, the contractor had asked to
extend the completion date to March 16. The contractor felt the project would be completed
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February 4, 2010
Page 9
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before that. The retaining wall on the Ethan Allen side was complete. The relocation of the
water line was almost complete, then they would have to backfill the wall. The preliminary
grading was done for the path connection down to the tunnel. On The Avenue quadrant, the
grading was complete, and the base course was down. They were grading the Yard Time
quadrant, the center line was staked, and a portion of the base course was down. The next big
item was to reconstruct the driveway apron into Yard Time, which would take a few days. On
the SR 54 East landscaping, the contractor would finish up that week except for cleaning up the
right-of-way.
The SR 74IPaschall Road tunnel path connections had gone out to bid. Staff was in the final
stages of obtaining easements for two of the tracts, which should be on the February 18 Council
agenda for acceptance. The bids were due February II and scheduled on the March 4 agenda for
Council approval.
Rast continued that staff had followed up with the wireless carriers after the February 2
workshop on telecommunications towers and had given them tasks on items to present. The
carriers had also identified some issues. Tentative meeting dates had been established - a March
8 workshop with the Plarming Commission and an April 6 workshop with Council and the
Plarming Commission. The recommendations could be on the April 16 Council agenda. Imker
asked if any applications had been received. Rast said not that he was aware of.
,...., Imker asked if the "hot topics" could be included at this point in every meeting for just a few
minutes. A quick statement would let the citizens know what was going on, even if the update
was "no change."
Sturbaum moved to convene in executive session for threatened or pending litigation and
personnel at 8:46 p.m. Learnard seconded. The motion carried unanimously.
Sturbaum moved to reconvene in regular session. Learnard seconded. The motion carried
unanimously.
There being no further business to discuss, Sturbaum moved to adjourn. Learnard seconded the
motion. The motion carried unanimously. The meeting adjourned at 9:30 p.m.
Pamela Dufresne, D IJ ty City Clerk
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nHa dix, Mayor
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