MINUTES

CITY OF BUNKER HILL VILLAGE

PUBLIC HEARING

AUGUST 8, 2006

Mayor Marshall called the Public Hearing of the City Council of the City of Bunker Hill Village to order at 5:00 p.m. in Council Chambers of City Hall located at 11977 Memorial Drive, Houston, Texas.

            Present:                                                                     Also in attendance:

            Mayor Bill Marshall                                                  Ruthie P. Sager, City Administrator

            Councilmember Susan Schwartz                          Yolanda C. Benitez, City Secretary

            Councilman Dave Ellis                                           Steve Smith, Director of Public Works

            Mayor Pro Tem Derry Essary

            Councilmember Michelle Belco 

            Absent:

            Councilman Peter Tuters (Out of Country) 

The following Planning & Zoning Commission members were also in attendance: Vice Chairman Robert Croyle, Paul Addington, Robert Stevenson, Jacki Lammert, and Jay Smyre.

I.                    PUBLIC HEARING

ALL INTERESTED PERSONS ARE INVITED TO SPEAK AND SHALL BE GIVEN THE OPPORTUNITY TO BE HEARD.

POSSIBLE REVISIONS TO ORDINANCE NO. 05-341, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, BY DELETING ALL OF ARTICLE VI OF CHAPTER 10 AND SUBSTITUTING THEREFOR A NEW ARTICLE VI; PROVIDING RULES AND REGULATIONS GOVERNING PRESERVATION OF TREES WITHIN THE CITY; providing it unlawful for any person to remove or damage a tree having a diameter of five inches or more at a point four and one-half feet above grade without having been issued a tree destruction permit; providing conditions for issuance; providing for the planting and care of replacement trees; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.

Mayor Marshall explained the background for the public hearing and noted the process which had been followed by the Planning & Zoning Commission.  He then asked Steve Smith to outline the changes in the proposed tree ordinance.  Mr. Smith stated that the changes include: 1) requiring one (1) tree per 1,000 square feet, 2) the protection of trees 20” in diameter or greater.

The following persons spoke with regard to the proposed ordinance:

1.      Sue Harding – 11702 Monica.  Mrs. Harding stated that she would like the tree ordinance passed back to the Planning & Zoning Commission as she feels that the proposed ordinance is inadequate.  She further stated that the trees provide the following in the City of Bunker Hill Village: canopy, beauty, cooling, air and noise pollution control, energy savings, wildlife habitats, storm water runoff, added value to the homes, and they are a tremendous ecological asset.  Mrs. Harding stated that she feels the current ordinance is not protecting these things enough.  She also noted that she had pulled a sampling of 13 tree removal permits and the average tree size is 17” in diameter, and that the proposed ordinance is “disturbing” because of the 13 properties she reviewed, 29 mature trees could have been saved.  Mrs. Harding stated that the reason so many trees are coming down is because of the extremely “large” homes being built, and that we need to appeal to the builders to build smaller homes and preserve the trees.

2.      Kristi Rowland – 11903 Churchill Ct.  Mrs. Rowland asked if we have other ordinances that are fighting the tree ordinance.  For instance, it is sometimes difficult for residents to replace a driveway without cutting trees and residents are putting in huge driveways to accommodate access, which also causes trees to be cut down.  She requested that the council look into the driveway ordinance to see if they can help residents keep their trees.

3.      Eddie Gertner – 11917 Knippwood.  Mr. Gertner also asked that council send the ordinance back to the Planning & Zoning Commission for further review.   He stated what used to look like a “forest” 10 years ago is now being “clear-cut”, especially on his street.  Mr. Gertner also pointed out that the quality of life is going down due to the number of trees being cut down and requested that council not rush into passing the proposed ordinance.

4.      Phil Abrams – 16 Valley Forge.  Mr. Abrams asked Steve Smith about the final decision process concerning tree removal.  He also asked if there can be citizen involvement in the decision process.  Steve Smith explained the current tree removal process.

5.      Jacki Evans – 11623 Chartwell Ct.  Mrs. Evans stated that she feels there are conflicting ordinances and that the council should look at how other ordinances relate to the tree removal process.

6.      Herman Klingenberg – 341 Carl Lane.  Mr. Klingenberg pointed out that he has a large amount of big trees in his front yard and wants to cut them down due to fear of hurricane damage.  He asked what the City of Bunker Hill Village’s liability was if they did not allow him to cut the trees down. Council explained that the City of Bunker Hill Village is not liable if trees are knocked down due to hurricanes or any other Act of God.

7.      Bill Givens – 8 Beebe Lane.  Mr. Givens stated that he feels the city has a land use problem and further pointed out that he does not understand why residents should have government telling them what they can and can’t do on their property.

In response to Mr. Givens’ comments, Mayor Marshall stated that the duties of the council are to provide police and fire protection, and to preserve the ambience of the City of Bunker Hill Village.  He emphasized that it was not their intent to interfere, but to protect what the citizens feel are important to them.

8.      Ann Croyle – 657 Bunker Hill Road.  Mrs. Croyle explained that they tried to build a smaller home, but the builders will not build them because of economical reasons.  She stated that if an ordinance is put into place regulating the size of the homes, it will bring home values down.

9.      Jack Christiansen – 11603 Oak Shadows Lane.  Mr. Christiansen asked about the consequences if builders take down trees without obtaining a permit.  He was informed that a fine is imposed which is $500 per day of violation.

Mayor Marshall stated that this item will be on the council agenda for the regular meeting to be held on August 15, 2006.

II.                  ADJOURNMENT

Mayor Marshall closed the public hearing at 5:35 p.m.

Approved and accepted on August 15, 2006

                                                                                    ______________________________________

                                                                                    WILLIAM H. MARSHALL, MAYOR

ATTEST:

____________________________________

Yolanda C. Benitez, City Secretary