Jan 14, 2025 Planning and Zoning Commission

[1. CALL TO ORDER]

[00:00:06]

>> GOOD EVENING, LADIES AND GENTLEMEN AND WELCOME TO THE TUESDAY, JANUARY 14TH, 2025 PLANNING AND ZONING MEETING FOR THE CITY OF ROWLETT AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE, THIS MEETING MAY BE CONVENED AT THE CLOSED EXECUTIVE SESSION FOR SEEKING CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY ON ANY AGENDA HEREIN. THE CITY OF ROWLETT RESERVES THE RIGHT TO RECONVENE THE REGULAR SESSION OR CALL THE EXECUTIVE SESSION OR THE ORDER OF BUSINESS ANY TIME PRIOR TO ADJOURNMENT. PROCESS FOR PUBLIC INPUT. IF YOU'RE NOT ABLE TO ATTEND THE MEETING IN PERSON, YOU CAN COMPLETE THE CITIZENS INPUT FORUM ON THE CITY'S WEBSITE BY 3:30 P.M. A DAY OF THE MEETING. ALL FORMS WILL BE FORWARDED TO THE PLANNING AND ZONING PRIOR TO THE START OF THE MEETING. FOR IN-PERSON COMMENTS, REGISTRATION FORMS AND INSTRUCTIONS ARE AVAILABLE FELONIES THE DOOR OF THE CITY COUNCIL CHAMBERS. WE HAVE A QUORUM SO WE'LL GO AHEAD AND CALL THE MEETING TO ORDER. NEXT ITEM ON THE AGENDA IS CITIZENS INPUT. IS THERE ANYBODY HERE WHO WOULD LIKE TO ADDRESS THE PLANNING AND ZONING COMMISSION?

[3A. Administer the Oath of Office and the Statement of Elected/Appointed Officer to the newly and reappointed members.]

>> SURE. DO WE DO THIS INDIVIDUALLY OR EVERYBODY AT

ONE TIME. >> EVERYBODY AT ONE TIME.

>> GOOD TO ME. IF YOU HAVE ANY OTHER ALTERNATES RECENTLY

APPOINTED? IS. >> IS THAT MR. CRAWLEY? NO, THAT'S MR. OMAR SHERIF. THERE YOU GO. .

>> WE HAVE MR. HERNANDEZ, MR. COTE, MR. CRAWLEY. TAMARA WILLIAMS, ALSO NOT HERE AND MR. WEIS. SO I HAVE ALL OF YOU -- I'M SORRY. IF YOU ARE NOT RECENTLY APPOINTED IN THIS MEETING AND YOUR TERM IS JUST CONTINUING, YOU DON'T HAVE TO BE SWORN IN. IT'S THOSE THAT ARE BEING REAPPOINTED OR NEWLY APPOINTED TO NEW TERMS. CAN I GET ALL OF YOU TO STAND, SO I'M GOING TO SAY A LINE, AND YOU'LL REPEAT YOUR NAME. STATE

YOU'RE NAME. >> SO I, SIT YOUR NAME, DO SOLEMNLY SWEAR OR AFFIRM THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ROWLETT AND THE STATE OF TEXAS AND WILL TO THE BEST OF MY ABILITY AND PRESERVE, PROTECT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND OF THIS STATE SO HELP ME GOD. THANK YOU VERY MUCH, COMMISSIONERS.

WELCOME TO YOUR NEW TERM. SO I DO HAVE OATHS FOR EACH OF YOU TO SIGN, SO WE'LL DO THAT REALLY QUICKLY BEFORE WE GET TO THE REST OF THE MEETING. WE HAVE THE OATH OF OFFICE STATEMENT VERBALLY AND THE ELECTED OFFICER AND SO THE OATH OF OFFICE WE NEED YOU TO BEGIN YOUR TERM SO WE'LL JUST TAKE A COUPLE MINUTE BREAK AND GET SIGNATURES AND GET INTO THE REST OF THE MEETING. I'M JUST GOING TO PASS THEM AROUND HERE.

. >> AND FOR EVERYBODY'S INFORMATION, AGAIN, THIS IS THE SIGN OF THE OATH OF OFFICE. THE OTHER TWO FORMS, WE CAN WAIT AND GIVE THEM BACK TO HER

LATER. . >> MR. SHERIF. YOU WANT TO GO

[00:05:42]

[3B. Election of a Chair and Vice-Chair for a one-year term.]

>> OKAY. IS EVERYBODY COMFORTABLE? GOOD. MOVING ON TO THE NEXT ITEM. ELECTION OF THE CHAIR AND VICE-CHAIR FOR ONE-/KWRAOER -- ONE-YEAR TERM AND I'LL OPEN THE FLOOR FOR THE COMMISSION FOR 2025. DOES ANYBODY WISH TO NOMINATE

ANYONE? . >> MR. HERNANDEZ.

>> I'D LIKE TO NOMINATE MR. COTE AS CHAIR.

>> THANK YOU. ANY OTHERS? IT'S NOT A MOTION, BUT WE'LL PUSH IT SO YOU CAN TALK. I THOUGHT THAT WAS A MOTION BEFORE JOHN.

>> IT'S A -- WELL, WE WANT TO SEE IF THERE'S ANY OTHER NOMINEES WE CAN DISCUSS OR MOVE RIGHT TO I'LL ENTERTAIN A MOTION TO NOMINATE MR. COTE AS THE CHAIR FOR THE PLANNING AND ZONING COMMISSION. IS THAT WHAT YOU WANT TO DO, MR. HERNANDEZ?

VERY GOOD. MR. POLLARD. >> I'LL SECOND THAT MOTION.

>> SO WE HAVE A MOTION AND A SECOND. NO DISCUSSION. CALL THE VOTE . AND THAT PASSES 5-0 WITH ONE ABSTENTION. WHO ABSTAINED?

[00:10:07]

>> I NOMINATE TAMARA WILLIAMS FOR VICE-CHAIR.

>> WE HAVE THE NOMINATION OF TAMARA WILLIAMS. MS. WILSON.

>> I SECOND THE MOTION. >> OH, WE WENT RIGHT INTO THAT MOTION AND SECOND. OKAY. ANY DISCUSSION? SEEING NONE, THEN WE'LL GO AHEAD AND CALL THE VOTE. YOU HAVE IT ALL IN ONE -- OKAY. SO WITH A SHOW OF HANDS, APPROVAL OR -- YES, AGREEMENT FOR TAMARA WILLIAMS. OKAY. THAT'S THREE, FOUR, ZERO WITH TWO ABSTENTIONS. OKAY. YA'LL KNOW YOU CAN PARTICIPATE, RIGHT? OKAY. JUST WANT TO CHECK.

>> I GUESS WE SHOULD HAVE ASKED IF YOU NEED ANY HELP IN THE MEETING TRYING TO USE THESE SYSTEMS, THESE ARE NOT ALWAYS INTIMIDATING.

PRESENTATION IF THERE'S A PRESENTATION AND YOU CAN FLIP BACK AND FORTH BETWEEN THE AGENDA AND THE PRESENTATION.

>> IF YOU WANT TO SPEAK OR SAY SOMETHING, THERE'S A LITTLE BUTTON THAT SAYS "RTS." HIT THAT, AND AS SOON AS I

[3C. Conduct a hearing and make a recommendation to the City Council on a request by Muhammed Younus, BM Real Estate Holding Company, on behalf of property owner Inga Hugues, Rowlett for Jesus LLC, for approval of a Development Plan with Warrants for the development of a Montessori School and 10 Townhomes on a property zoned Form-Based Urban Neighborhood (FB-UN) District. The approximately 3.26 acre site is located west of Merritt Road approximately 1000 feet south of the President George Bush Turnpike, addressed as 9849 Merritt Road also described as Hughes Addition Lot 1, Block B in the R. Copeland Survey, Abstract No.229 in the City of Rowlett, Dallas County, Texas.]

THE APPROXIMATELY 3.26 ACRE SITE IS LOCATED WEST OF MERRITT ROAD APPROXIMATELY 1000 FEET SOUTH OF THE PRESIDENT GEORGE BUSH TURNPIKE, ADDRESSED AS 9849 MERRITT ROAD ALSO DESCRIBED AS HUGHES ADDITION LOT 1, BLOCK B IN THE R.

COPELAND SURVEY, ABSTRACT NO.229 IN THE CITY OF ROWLETT,

DALLAS COUNTY, TEXAS. . >> GOOD EVENING, COMMISSIONERS.

MY NAME IS ELANA, AND I'M HERE TO JUST GIVE A BRIEF UPDATE ON THIS FRONTAL. THIS IS FOR THE 1400 SQUARE FOOT MONTESSORI SCHOOL AND UPSCALE TOWNHOMES PRESENTED IN FRONT OF YOU DECEMBER 10TH. YOU ALL DECIDED TO TABLE THE ITEM TO JUST LET THE APPLICANT -- TO ALLOW THE APPLICANT MORE TIME FOR A COMPREHENSIVE TRAFFIC STUDY AND DETAILS ON EACH WARRANT. THE UPDATE IS THAT WE HAVE BEEN WORKING WITH THE APPLICANT, AND THEY'VE BEEN COMPILING BUT UNFORTUNATELY, IT WAS NOT COMPILED IN TIME TO REVIEW DURING THE MEETING SO TO ASK IS BE PUSHED TO THE JANUARY 28TH, 2025 MEETING AND THAT IS BASICALLY MY UPDATE. THERE'S NO CHANGES PERTAINING TO THE INFORMATION THAT I PROVIDED LAST TIME.

>> COMMISSIONERS, ANY QUESTIONS ON THAT REQUEST? I'LL ENTERTAIN A MOTION TO TABLE THE ITEM UNTIL JANUARY 28TH, 2025.

MR. TUCKER. >> I MAKE A MOTION THAT WE --

INAUDIBLE ] >> WE HAVE A MOTION ON THE

FLOOR, MR. WHITE. >> I SECOND THAT MOTION.

>> ANY DISCUSSION ON THE MOTION? SEEING NONE, WE'LL CALL THE VOTE. MAYBE. AND THAT PASSES 7-0 . MOVING ON TO

[3D. Consider and make a recommendation to the City Council on a request by Nick Patel on behalf of property owner Coyle Lakes, LLC for approval of a Tree Removal Permit on a property zoned Planned Development Ordinance No. 001-24. The 11-acre site is located north of Main Street and approximately 1,200 feet west of the President George Bush Turnpike, identified as Block A, Lot 2 of FBC Rowlett Addition, in the City of Rowlett, Dallas County, Texas.]

[00:15:04]

>> GOOD EVENING, COMMISSIONERS. MY NAME IS BRITTANY -- AND I'LL BE PRESENTING THIS AGENDA ITEM TONIGHT. SO THE SUBJECT PROPERTY IS LOCATED AT 5,000 MAIN STREET AND IT'S CURRENTLY ZONED A PD APPROVED LAST YEAR. THE ZONING IS MULTI-FAMILY TOWNHOMES SO IT CURRENTLY DOES HAVE AN APPROVED DEVELOPMENT SITE TO CONSTRUCT 61 TOWN HOME UNITS SO TO ASK IS THE TREE REMOVAL PERMIT, SO AGAIN, JUST A REQUEST SITE HISTORY. ZONING WAS APPROVED MAY 15TH 2024 AND THEY HAD A SITE AMENDMENT APPROVED /WO*EUF AND THIS IS TO BRING THE SITE DEVELOPMENT PLAN IN ALIGNMENT WITH THE CONACCEPT CULTURE PLAN APPROVED AS PART OF THE ZONING CHANGE, SO THIS IS A TREE PRESERVATION PLAN, AND THIS IS THE LANDSCAPE PLAN THAT WAS PART OF THAT SITE DEVELOPMENT PLANT, AND I DO WANT TO MAKE A NOTE, THE NUMBERS TO THE RIGHT ARE UPDATED FROM THE STAFF REPORTS SO THE EXHIBIT IS CORRECT, BUT I WAS WORKING WITH THE APPLICANT UP UNTIL KIND OF THE POSTING OF THE AGENDA, SO THE NUMBERS IN THE STAFF REPORT WEREN'T UPDATED BUT WILL BE BEFORE COUNCIL BUT THOSE NUMBERS MATCH THE TRUE PRESERVATION PLAN ON THE EXHIBIT. ON THE LANDSCAPE PLAN, IF YOU LOOK THE TREES IN RED, THOSE ARE THE ONES THEY'RE PLANTING FOR MITIGATION PURPOSES. SO LOOKING AT THOSE NUMBERS THERE -- HARD TO SEE FROM HERE, SO THERE ARE A TOTAL OF 461 PROTECTED CALIPER PROTECTED INCHES ON SITE AND PROPOSING TO REMOVE 378 OF THEM, SO THEY DID RECEIVE CREDIT FOR 83 CALIPER INCHES BECAUSE THEY SAID FIVE PROTECTED TREES. THE REMAINING 296 CALIPER INCHES ARE ACTUALLY GOING TO BE MITIGATED THROUGH PLANTING ONSITE SO THE RED TREES ON THE LANDSCAPE, THOSE ARE BEING PLANTED FOR MITIGATION PURPOSES. BETWEEN THOSE TWO WHAT WAS SAVED AND PLANTED, THERE IS ZERO INCHES TO BE MITIGATED. DO YOU HAVE A QUESTION? CALIPER INCHES IS HOW WE BASICALLY MEASURE THE TREES.

IN THE RDC, A CALIPER IS FROM THE BREAST HEIGHT OF THE TREE AND MEASURE THE TRUNK OF IT. SO CERTAIN TREES OVER EIGHT INCHES ARE PROTECTED. THE DIAMETER ARE EIGHT INCHES AND 11 INCHES IS THE CALIPER AND THAT IS BASICALLY HOW WE MEASURE THE DIAMETER OF THE TREE. ANY OTHER QUESTIONS? OKAY.

>>

>> NOT THE DISTANCE BUT THE CIRCUMFERENCE SO THE INCHES ACROSS AND MEASURED 4.5 FEET FROM THE GROUND IS OUR DEFINITION WHERE WE MEASURE THAT POINT.

>> THANK YOU. >> IS THE APPLICANT HERE?

>> YES. THEY ARE. >> I'LL JUST WAIT.

>> THE GOVERNING BODY TONIGHT, YOU CAN DO THREE DIFFERENT ACTIONS. YOU'LL BE CHOOSING APPROVE, APPROVE CONDITIONS OR DIDN'T THE APPROVAL REQUEST. ANY ADDITIONAL QUESTIONS FOR

STAFF? YES. >> COMMISSIONERS. HOLD ON ONE SECOND PLEASE. I NEED YOU TO PUSH THE RTS BUTTON IF YOU WANT TO SPEAK, AND I'LL ACKNOWLEDGE YOU TO MAKE YOUR MICROPHONE GO LIVE SO EVERYBODY CAN HEAR THE QUESTION. MR. WHITE.

>> SO I KNOW ROWLETT A YEAR OR SO AGO HAD A TREE RETENTION PROGRAM. DOES THIS FIT THE PROJECTIONS OR THE RETENTION OR TRYING TO MAKE SURE THAT WE HAVE ENOUGH TREES FOR WILDLIFE

OR? >> SO I'M NOT SURE ABOUT THE TREE RETENTION PROGRAM. I KNOW IN GENERAL WE HAVE A FREE MITIGATION POLICY, WHICH WHAT THIS IS PART OF SO YOU'RE REQUIRED TO COME BEFORE US IF YOU REMOVE A NUMBER OF TREES AND CITY RECOMMENDATION AND CITY COUNCIL APPROVAL AND THEY ARE REQUIRED TO MITIGATE THE TREES IN SOME CAPACITY EITHER SAVE TREES ON SITE OR PAY TO THE REFORESTATION PLAN TO REPLACE THE PROTECTED INCHES THEY'RE REMOVING.

>> ANYONE ELSE, QUESTIONS FOR STAFF? NO. THE APPLICANT -- DOES THE APPLICANT HAVE A PRESENTATION? WOULD THE APPLICANT LIKE TO ADDRESS US? THE APPLICANT IS GOING TO HAVE TO BECAUSE MR. POLLARD HAS A QUESTION FOR THE APPLICANT.

PLEASE STEP FORWARD AND SIT YOUR NAME, CITY AND ADDRESS.

[00:20:04]

>> GOOD EVENING. MY NAME IS NICK PATEL, 1 AND I'M HERE FOR

ANY QUESTIONS. >> MR. POLLARD. THANK YOU FOR COMING UP HERE. AS I RECALL, THIS WAS BROUGHT TO P AND Z AND CITY COUNCIL AND THERE WAS A DISCUSSION ABOUT THE TREES. NOW IF I'M READING THE PACKET RIGHT, THE TREES THAT YOU'RE TAKING OUT IS BASICALLY ALONG THE RAILROAD TRACK, IS THAT

RIGHT? AM I RIGHT ABOUT THAT? >> NO. THESE ARE THE INTERIOR TREES ALONG WHERE THE TOWNHOME ROADS, WHERE THE DEVELOPMENT WILL BE, KEY WORD BEING EARLY VOTING ALONG THE DARK RIGHT OF WAY SO IF YOU LOOK AT THE TREE PRESERVATION PLAN, IT'S HARD TO SEE, BUT IF YOU ZOOM IN, IT SAYS EXISTING CANOPIES TO

REMAIN. >> I THOUGHT I SAW XS WHERE THE

TREES WERE. >> NO, WE HAVE A DETENTION POND ON THE NORTHWEST. THERE, THEY JUST HAVE TO BE TAKEN OUT BUT THAT'S NOT IN THE RIGHT OF WAY BUT WITHIN THE DEVELOPMENT ITSELF, SO IT COULD BE CONFUSING.

>> YOU KNOW, THEY HAVE SOMETHING TAKEN OUT RIGHT BEFORE THAT. ANY OTHER QUESTIONS FOR THE APPLICANT? NOW'S YOUR TIME. THANK YOU, SIR.

>> THANK YOU. >> COMMISSIONERS. I'M WILLING TO ENTERTAIN A MOTION SOMEBODY'S GOING TO HAVE TO DO

IT. MR. HERNANDEZ. >> I'LL MAKE A MOTION TO APPROVE THE MOTION TO REMOVE THE TREES.

>> A MOTION FOR THE TREE REMOVAL REQUEST. DO I HAVE A

SECOND? . >> I'LL SECOND THAT.

>> MS. WILSON WITH THE SECOND. SO WE HAVE A MOTION FOR FOREST APPROVED TREE PERMIT AS PRESENTED. ANY DISCUSSION ON THE ITEM? SEEING NO DISCUSSION, WE'LL CALL THE VOTE. AND THAT PASSES 7-0. NEXT ITEM ON THE AGENDA IS CONSIDER AND MAKE A

[3F. Consider and make a recommendation to the City Council on a request by Brian Hiatt on behalf of property owner Cornerstone Assembly of God for approval of a Tree Removal Permit on a property zoned Single-Family Residential (SF-10) and Limited Office (O-1). The approximately 12.07-acre site is located at the southwest corner of Cornerstone Drive and Dalrock Road, identified as Block A, Lot 1 of Cornerstone Church Addition, in the City of Rowlett, Dallas County, Texas.]

AND AGAIN. >> HELLO, AGAIN, COMMISSIONERS.

SO THIS SUBJECT PROPERTY IS LOCATED AT 4 HOW THE DALROCK ROAD AND PART OF THE CHURCH CONSTRUCTION. SOME OF YOU MAY BE FAMILIAR. DISOWNING IS LIMITED OFFICE AND SINGLE-FAMILY RESIDENTIAL. 10 CHURCHES ARE ALLOWED BY BOTH ZONING DISTRICTS SO THEY HAVE AN APPROVED SITE DEVELOPMENT FOR A CHURCH AT THIS SITE AND THIS REQUEST IS A TREE REMOVAL PERMIT. I JUST WANT TO LET YOU ALL KNOW UP TOP THIS IS KIND OF A UNIQUE TREE REMOVAL PERMIT. I'LL GET INTO MORE DETAIL.

ESSENTIALLY THIS HAS COME BEFORE YOU FOR TREE REMOVAL AND APPROVED BY CITY COUNCIL. SINCE THEN, THEY STARTED CONSTRUCTION ON THE SITE AND DURING THAT CONSTRUCTION, THREE TREES WERE DAMAGED AND BECAUSE THEY WERE DAMAGED TO A POINT --

>> I'M SORRY HOW MANY TREES? >> THREE TREES WERE DAMAGED DURING CONSTRUCTION. THEY WERE DAMAGED TO SUCH A POINT THAT THEY COULD NOT BE SAVED AND THEY POSED AN IMMEDIATE FALL RISK SO STAFF WENT AHEAD AND GAVE THEM PERMISSION TO REMOVE THE TREES TO BE CAUTIOUS AND THE SAFETY OF THE WORKERS ON SITE. THOSE TREES HAVE ALREADY BEEN REMOVED, WHICH IS UNUSUAL FOR A TREE REMOVAL PERMIT. THE APPLICANT AND COMING BEFORE YOU BECAUSE OUR CODE IS PRETTY EXPLICIT. IF A TREE IS MARKED FOR PROTECTION AND DAMAGED DURING CONSTRUCTION, THEY REQUIRE MITIGATION, SO THEY'RE COMING BEFORE YOU TODAY TO ESSENTIALLY ASK FOR A WAIVER, A RELIEF FROM THE MITIGATION REQUIREMENT, SO AGAIN, QUICK SITE HISTORY. I INCLUDED THIS IN THE STAFF REPORT, AND I FELT THESE ARE THE ONES RELEVANT TO THE CASE TONIGHT. SITE DEVELOPMENT PLAN WAS ORIGINALLY APPROVED MAY 5TH, 2001 AMENDED OCTOBER 20 THERE ARE, 2021 AND

[00:25:06]

RELIEF TO THE LANDSCAPE PLAN. >> COULD YOU REPEAT THAT LAST?

>> THEY ADDED VARIANTSES TO OUR LANDSCAPE. THERE IS AN APPROVED SITE DEVELOPMENT PLAN AND REQUESTED VARIANTS AND RELIEF TO THE LANDSCAPE DEVELOPMENT PLAN SO IT MAY SHIFT A LITTLE BIT WITH THE RIGHT OF WAY BUFFERS AND THINGS NOT RELATED TO THIS, BUT I WANT TO MAKE YOU AWARE THEY ARE ASKING FOR RELIEF FOR LANDSCAPING SO THAT CASE IS MOVING FORWARD TO BE

ARRAIGNED NEXT WEEK. >> OKAY, THANK YOU.

>> SO THERE IS THE TREE PRESERVATION PLAN. HERE'S A LITTLE MORE ZOOMED UP. THOSE ARE THE THREE TREES. THEY WERE ORIGINALLY MARKED FOR PROTECTION IN THE TREE REMOVAL PERMIT AND THE STAFF DID GO TO THE SITE. THEY WERE DAMAGED.

THE ROOTS WERE COMPLETELY TORE UP, AND WE FELT THERE WAS NO WAY TO SALVAGE IT AND THEIR ARCHITECT SAID THE SAME. WE WERE CONCERNED WITH THE SAFETY AND JUST TO BE CAUTIOUS. THEY WERE 63 CALIPER INCHES WHICH ARE REQUIRED TO BE MITIGATED SO THEY'RE REQUESTING A FEE BE ASSESSED IN LIEU OF PLANTING WHICH IS ALLOWED BY THE CODE AND THE FEE WOULD BE 7,665.21 AND THEY ARE REQUESTING THAT FEE BE WAIVED. SO I INCLUDED KIND OF THREE IMPORTANT POINTS FROM THE RDC HERE, SO THE FIRST POINT, I WANTED TO NOTE SECTION 77-C .2 ALLOWS FOR THE REMOVAL OF A TREE THAT IS A THREAT TO MR. WELLS PRIOR TO THE STAFF PRIOR TO A TREE REMOVAL PERMIT. THE SECOND SECTION OF CODE, SECTION 77504.H. 6 SAYS IF ANY OF THE TREES POSE PROTECTION FROM A TREE REMOVAL PERMIT ARE LATER DAMAGED IN CONSTRUCTION, THEY ARE REQUIRED TO BE REPLACED IN THE FORM OF PLANTING SO THAT'S WHERE WE'RE GETTING THAT. THIS DOES REQUIRE SOME MITIGATION AND THE LAST PORTION OF CODE, SECTION 77504.H.4.G. IN LIEU OF REPLACING TREES T DIRECTOR OF CITY COUNCIL UPON RECOMMENDATION FROM THIS BODY CAN ASSESS THE MITIGATION AS A FEE RATHER THAN PLANTING. IN ADDITION TO THAT, CITY COUNCIL DOES HAVE THE AUTHORITY TO WAIVE OR REDUCE THAT MITIGATION SO THE APPLICANT IS ASKING FOR THE FEE TO BE MITIGATED AND TO BE WAIVED. BECAUSENESS KIND OF AN ABNORMAL TREE REMOVAL T TREES ARE ABNORMAL TREE REMOVAL T TREES ARE SO THE GOVERNING BODY MAY APPROVE THE TREE REMOVAL PERMIT WITH TREES PLANTED ON SITE OR WAIVER FEES REQUIRED IN LIEU OF PLANTING. THOSE WILL ESSENTIALLY THE OPTION. /-T CONCLUDE STAFF PRESENTATION. I'M AVAILABLE FOR

ANY QUESTIONS. >> IS THE

>> IF YOU REMEMBER SOMETHING A YEAR AGO CAME UP, SOMETHING ABOUT THE TREE PRESERVATION FUND. I THINK THE CITY COUNCIL CAME BACK AND GAVE THE PARKS DEPARTMENT --

[00:30:02]

>> SO WE HAVE HAD DISCUSSIONS ABOUT UPDATING A TREE PRESERVATION ORDINANCE AND WHAT USES WOULD BE ALLOWABLE FOR THOSE FUNDS WHEN COLLECTED SO WE HAVE BEEN ACTIVELY DISCUSSING THAT AND THE NEXT STEP IS DISCUSS THAT WITH THE PARKS COMMITTEE THAT SERVICES THE TREE BOARD FOR THE CITY AND IT'S KIND OF THE KEEPER OF UTILIZING THOSE FUNDS.

>> MS. WILSON. >> I GUESS MY QUESTION COULD WAIT, BECAUSE I WANTED TO ASK WHAT PRECAUTIONS WERE TAKEN AS FAR AS THE WORKERS ON THE SITE AT THE TO CREATE THIS

SITUATION? >> THAT WOULD BE A QUESTION FOR

THE APPLICANT. >> OKAY. SO I'LL WAIT.

>> APPLICANT. . >> MY NAME IS BRIAN HIATT ANDLIVE ON WOOD SIDE ROAD IN ROWLETT, AND I GET THE PRIVILEGE TO REPRESENT THE CHURCH ON THIS ASPECT. DID YOU

HAVE A QUESTION FIRST? >> NO. GO AHEAD AND GIVE US

YOUR PRESENTATION. >> MY GOAL TONIGHT IS TO -- ARE YOU ABLE TO CONTROL THE SLIDES FOR ME? OKAY. THANK YOU. THE DANGERS OF GIVING A PREACHER A MICROPHONE UP HERE. BUT FIRST OF ALL, THANK YOU ALL FOR LETTING ME COME AND I APPRECIATE FOR ALL YOU DO AND CONGRATULATIONS ON THE NEW FOLKS. MY GOAL IS TONIGHT TO HELP YOU UNDERSTAND OR HOPEFULLY HELP UNDERSTAND THE NEED FOR US TO APPEAL AND GIVE US A WAIVER TO THESE FEES. THIS IS FOR THE TREES THAT WERE AFFECTED. THEY WERE CLEARLY MARKED AND PROTECTED BY A FENCING FLAG. I HEARD THAT QUESTION FROM COMMISSIONER WILSON, I BELIEVE. THAT GIVES YOU AN IDEA OF THE ROOT BALL BASE OR EXPOSED AREA WOULD GO ANYWHERE FROM FOUR TO FIVE FEET IN THE AIR, AND THE STAFF ALREADY SHOWED YOU THIS, BUT I WANT TO MAKE SURE WE KNEW WHERE IT WAS. IT'S ON THE NORTH SIDE OF THE PARKING LOT, THE NORTHEAST SIDE BASICALLY ASK CLOSE TO CORNERSTONE DRIVE. WE WERE CONCERNED ABOUT THE FOLKS WORKING THERE AND THEIR SAFETY AND YOU KNOW WITH THE WINDS WE'VE HAD RECENTLY, THEY LIKE TO ABORT TREES ANYWAY. ONE WAS LEANING MORE AND HE'S NO LONGER WITH THE CITY, BUT THE ENGINEER, JAMES -- I CAN'T RECALL HIS LAST NAME. HE AND MY PROJECT MANAGER ON SITE WORKED TOGETHER TO MAKE THIS KNOWN TO THE PLANNING STAFF THAT WE COULD DO SOMETHING. I THINK LILLIANA WAS THE FIRST TO COME OUT, AND SHE LOOKED AT IT, AND THEN I SPOKE WITH AN ARBORIST TO SEE, MATT WHO USED TO SIT ON CITY COUNCIL, AND WE WERE TOLD THEY COULDN'T BE SAVED. OUR WHOLE PURPOSE IN DOING THAT WAS OBVIOUSLY TO KEEP AS MANY TREES AS WE COULD, AND THAT WAS OUR GOAL FROM DAY ONE FROM DESIGN TO BUILD, AND WE WERE ADAMANT ABOUT THAT WITH THE PEOPLE WE WERE WORKING WITH. THE MITIGATION FEE HERE IS JUST KIND OF THE PART HERE, AS YOU GUYS KNOW, COSTS ARE ABSOLUTELY CRAZY. OUR BUDGET IS VERY THIN. WE DON'T HAVE A LOT OF WIGGLE ROOM AT ALL. I COULD GO IN DETAILS, BUT I DON'T WANT TO BORE YOU OR IF YOU BUY A BANANA, IT'S CRAZY. THERE'S NO ROOM IN OUR BUDGET AT ALL. WE'RE A NONPROFIT AND WE RELY ON THE GIVING OF PEOPLE IN THE CHURCH AND OUR COMMUNITY AND WE

[00:35:03]

WE'RE NOT TRYING TO GO AND HIDE AND PULL A WOOL OVER YOUR EYES AND OUR GOAL IS TO SAVE THESE TREES AND WE THOUGHT THIS WAS A GOOD PLAN TO KEEP THEM, BUT IT WAS IMPOSSIBLE ONCE THE IMPOSSIBLE TO DO THAT AND WE FEEL WE'RE BEING PENALIZED FOR DOING SOMETHING GOOD WHEN IT DIDN'T END UP THAT WAY, SO WE'RE ASKING YOU TO HELP US IN WAIVE THE FEES FOR THE TREES IN THIS PRESENTATION. ANY QUESTIONS, CLARIFICATIONS? I HAD A GREAT TALK WITH MR. POLLARD.

>> MR. POLLARD HAS A QUESTION. >> YES, I'M SURE.

>> OKAY. SINCE YOU HAD THIS ALL FENCED OFF AND EVERYTHING, WHY WAS IT THAT YOUR CONTRACTOR HIT THE ROOTS AND DAMAGED THE

TREES? >> WHY DID THEY?

>> YEAH. WHAT OCCURRED THAT THEY HAD FENCING UP AND EVERYTHING, KNEW THAT THEY WERE CORDONED OFF, BUT YET THEY

STILL GOT THE TREES? >> I THINK IT WAS AN OVERSIGHT ON THEIR PART. THEY TRIED TO GRADE AROUND IT WITH THE PARAMETERS THEY WERE GIVEN, BUT THE LENGTH AND SIZE OF THE ROOT SYSTEM, I THINK, THEY UNDERESTIMATED IT.

>> SO HAS THE CHURCH DONE ANYTHING TO CONTACT THE ENGINEER FOR PROJECT MANAGER OR THE CONTRACTOR THEMSELVES THAT DID THE EARTH WORK THAT DAMAGED THE TREES FOR LIABILITY CLAIM?

>> YES, SIR. I TALKED TO ONE THIS WEEKEND AND THE ENGINEER YESTERDAY, AND I HAVE NOT HEARD ANYTHING DEFINITE YESTERDAY ON WHAT THEY'RE GOING TO DO. IT'S STILL UP IN THE AIR.

>> SO THERE IS THE POTENTIAL THAT AT THIS TIME THAT THE CONTRACTOR OR ONE OF YOUR CONTRACTORS COULD PAY FOR ALL

OF THE DAMAGES? >> I COULDN'T ANSWER THAT IN

TOTALITY. >> IS THAT IT?

>> YEAH, THAT'S IT. >> MR. HERNANDEZ.

>> MY ONLY QUESTION IS, IS THERE ANY THOUGHT OR PLAN GIVEN

TO REPLACE THE TREES? >> NO. OUR LANDSCAPING PLAN THAT WE HAVE, THERE'S TONS OF TREES THAT ARE GOING TO GO AROUND OBVIOUSLY DALROCK AND WE HAVE A GROVE OF TREES TO THE SOUTH, LITERALLY, THAT WE CAN'T AFFORD IT. YOU GUYS KNOW, ANY TIME YOU GO BACK TO THE CIVIL ENGINEERING TO LOOK AT THE LANDSCAPING PLAN, ANY TIME HE OPENS IT UP, IT'S 500 BUCKS. SO WE KEEP GOING BACK. ANOTHER TREE SURVEY I IMAGINE WOULD HAVE TO BE DONE. I'M TRYING TO THINK OFF TOP OF THE

[00:40:01]

>> SO WHAT'S THE PLAN FOR THAT LITTLE SPOT NOW?

>> WELL, WE HOPE TO -- THIS MIGHT NOT MAKE SENSE TO YOU GUYS, BUT AT OUR OLD CAMPUS, WE HAD A MEMORIAL OF ROCKS THAT OUR FOUNDING PASTOR HAD MADE. THE CHURCH PEOPLE HAD SIGNED THE ROCKS SO WE'RE GOING TO MOVE THAT OVER THERE, PUT A BRONZE PLAQUE ON IT TO HIM, A COUPLE BENCHES PROBABLY. WE WOULD PROBABLY PUT, IF WE CAN WORK IT OUT, WE WOULD PROBABLY PUT A COUPLE TREES THAT WON'T DO AS MUCH. I MEAN THOSE THREE PECAN TREES FOR THAT ONE ISLAND, THAT WAS JUST TOO MUCH, AND I THINK THAT PROBABLY MR. POLLARD ANSWERED PART OF THAT QUESTION TOO. BUT WE COULD CERTAINLY PUT A TREE THERE TOO.

WE JUST HAVEN'T GOT THAT FAR ON OUR PLANNING ON THAT BECAUSE IT CAME UP. BUT WE WOULD BE CLEARLY OPEN TO THAT.

>> MS. WILSON. >> I WANTED TO REVISIT THE RESPONSIBILITY FOR THE DAMAGE, SO THE CONTRACTOR THAT WAS HIRED, ARE THEY BONDED OR INSURED IN ANY WAY IN THE EVENT OF AN ACCIDENT OR SOMETHING THAT WOULD OCCUR?

>> YES, THEY SHOULD. NOW, MY INITIAL CONVERSATION WITH THE ENGINEER WAS YESTERDAY AND HE'S GOT TO FOLLOW THROUGH.

IT'S A FAMILY OWNED ENGINEERING COMPANY AND SO HE WASN'T ALLOWED TO MAKE -- HE CAN'T MAKE A FINAL DECISION, BUT I DID ASK HIM, ISN'T THERE INSURANCE THAT YOU HAVE? HE SAID, YEAH, BUT I DON'T THINK IT WILL COVER THAT. THAT'S JUST

WHAT I'M TOLD. >> TO ME, THIS IS JUST A STATEMENT, IT SETS A PRECEDENCE WHEN THINGS LIKE THIS OCCUR, SO IF ANOTHER PERSON COMES ALONG -- THAT'S JUST MY TAKE ON IT.

WILL WE BE CONSISTENTLY DOING THIS WHEN A TREE IS DAMAGED? I DON'T KNOW IF I'M ASKING THIS TO STAFF?

>> THAT'S SOMETHING WE CAN TALK ABOUT IN JUST A COUPLE

MINUTES. MR. TUCKER. >> HAS THE CONTRACTOR BEEN

PAID? >> WE HAVE MONTHLY WITHDRAWLS.

>> CAN YOU NOT HOLD THE 7,000 FROM HIM? IT'S HIS

RESPONSIBILITY, IS IT NOT? >> WE'RE WORKING WITH THEM.

THEY'RE A GOOD COMPANY. IT WAS AN OVERSIGHT.

>> THAT'S WHY THEY HAVE INSURANCE.

>> RIGHT. >> I THINK THAT'S THE ROUTE YOU MIGHT TAKE AS OPPOSED TO US MITIGATING.

>> ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU, SIR.

>> THANK YOU ALL VERY MUCH. COMMISSIONERS. ANY COMMENTS, CONCERNS, QUESTIONS? WELL, I ACTUALLY HAVE SEVERAL CONCERNS OVER THIS PARTICULAR ITEM, AND THAT IS THE FACT THAT THE TREE REMOVAL PERMIT CAME IN FRONT OF US ALREADY ONCE, AND TO ME, THIS WOULD BE AN OVERSIGHT ON THEIR ENGINEERING PART AND THEIR GENERAL CONTRACTOR'S PART, BECAUSE IT WAS OBVIOUS THAT THAT PARKING LOT LEVEL WAS GOING TO BE FIVE TO SIX FEET BELOW THOSE TREES OR THE EXISTING TOPOGRAPHY, YOU KNOW T EXISTING LEVEL, SO THEY KNEW THEY HAD TO TAKE DIRT OUT OF THERE. THEY HAD TO PROTECT THEM, WHICH OBVIOUSLY THAT FAILED, AND I'M KIND OF THE SAME TOKEN AS MR. TUCKER, THAT IS A GENERAL CONTRACTOR ISSUE. THAT'S NOT A CHURCH ISSUE.

YOU'RE THE CLIENT. THE GENERAL CONTRACTOR IS THE ONE WHO'S RESPONSIBLE FOR THAT. HE FAILED TO DO THAT. HE NEEDS TO PAY FOR IT, AND IF THERE'S NOT SOMETHING YOU GUYS CAN GET OUT OF THAT, THERE'S ALSO PROBABLY WHAT'S CALLED A CONTINGENCY FEE IN YOUR CONTRACT WITH THEM, WHICH IS MONEY FOR THINGS THAT ARE UNSEEN THAT HAPPEN DURING THE CONSTRUCTION, SO THAT MONEY COULD COME FROM THERE. I HONESTLY FEEL THOUGH THE REQUIREMENT FOR THE PARKING LOT, TREES IN THE PARKING LOT, WHAT'S THE REQUIREMENT FOR THAT? ISN'T IT EVERY EIGHT

[00:45:02]

TREE, AT LEAST ONE TREE THERE. >> SO THESE ARE PART OF THE

VARIANCES HELD BEFORE BOA. >> AND THEY WANT A VARIANTS ON

THAT. >> THAT IS INCLUDED IN THE VARIANCES BEFORE BOA, CORRECT SO THEY'RE ASKING FOR A REDUCTION IN PARKING LOT STANDARDS INCLUDING PARKING LOT

TREES. >> DO WE HAVE ANY IDEA WHY?

>> MY UNDERSTANDING IS THAT IT WAS FINANCIALLY AS THEY'RE WORKING THROUGH THIS PROCESS A FINANCIAL BURDEN. .

>> MR. POLLARD. >> I'M KNEW ON THE P AND Z, BUT HAVING BEEN ON P AND Z, I WAS AROUND WHEN WE CAME UP WITH THE TREE ORDINANCE IN THE FIRST PLACE, AND THEN AS WE DID THE MITIGATION , THE REASON I ASK ABOUT THE PRESERVATION FUND OR WHATEVER IS BECAUSE IT WAS NEVER ESTABLISHED IN THE FIRST PLACE FOR EVERYBODY TO SAY, OH, MAN, I CAN JUST PAY A FEW BUCKS AND NOT HAVE TO REPLACE A NEW TREE. IT WAS TRULY A PROBLEM WHERE BY TAKING OUT THE TREES FOR A BUILDING, WE'LL SAY WAS NECESSARY, NOT BECAUSE SOMEBODY WANTED TO, BUT BECAUSE IT WAS ABSOLUTELY NECESSARY. THEN I COULD PUT THE MONEY IN THERE, AND I THINK OVER A PERIOD OF TIME, I THINK YOU'VE SEEN AN ACCUMULATION IF IT'S OVER $400,000, THAT A LOT OF PEOPLE JUST SAID, IT'S EASIER TO PAY THE MONEY THAN IT IS TO GO PUT OUT THE TREES, OKAY. DEFEATS KIND OF THE PURPOSE. IN THIS PARTICULAR INSTANCE , I THINK IT'S PREMATURE TO ASK US TO MAKE A RECOMMENDATION TO CITY COUNCIL TO ASSESS A FEE AND TWO, HAVE IT WAIVED. AS BEEN MENTIONED BEFORE, THE GENERAL CONTRACTOR OR SUBCONTRACTOR, WHOEVER DID THE GRADING OUT THERE, THESE THINGS WERE FENCED OFF LIKE IT'S SUPPOSED TO BE.

THERE WAS A WARNING THAT YOU WEREN'T SUPPOSED TO ENCROACH THERE. THEY KNEW THE SIZE OF THE TREES, BUT THEY DID IT ANYWAY, AND WHETHER THEY DID IT INTENTIONALLY AND WE'LL ASK FORGIVENESS LATER OR IF IT WAS BY MISTAKE OR AN ACCIDENT, IT DOESN'T MAKE ANY DIFFERENCE. IT'S THE RESPONSIBILITY OF THE CONTRACTOR FOR GOOFING UP, AND THEY SHOULD BE THE ONES THAT HAS THE MITIGATION RESPONSIBILITY ANYONE AND WORK WITH THE APPLICANT TO PUT THOSE TREES SOMEWHERE ON THE LOT, SO YOU KNOW, I WANT TO WORK WITH THE APPLICANT, BUT AT THE SAME TIME, THERE IS A POTENTIAL OUT THERE THAT IS NOT CONFIRMED AND TAPPED COMPLETELY AT THIS TIME, SO I AM NOT FOR ALLOWING THAT TO BE A RECOMMENDATION TO THAT THERE ISTHE POTENTIAL THAT SOMEBODY DOES HAVE THE FUNDS TO DO THAT AND COULD BUY TREES AND WORK WITH THE APPLICANT TO PUT THOSE ON THE PROPERTY TO MAKE UP FOR THE CALIPER INCHES, SO THAT'S MY VIEW OF IT.

>> THANK YOU. ONE OF THE OTHER THINGS THAT I'M SITTING HERE THINKING ABOUT, AS WELL AS, PASTOR, AS MUCH AS WE APPRECIATE YOUR FOLKS THAT HAVE SAVED A LOT OF TREES ON THAT LOT, THERE WERE A LOT OF TREES ON THAT LOT, OKAY. SO TO SIT HERE NOW AND SAY WE SAVED THOSE. CAN'T WE ACCOUNT FOR THOSE? THE ANSWER IS KNOW BECAUSE THOSE WERE COUNTED WEB

[00:50:02]

>> I BELIEVE IT'S NOT TO WEIGH INTO HOW THE CONTRACT READS OR ANY OF THE CONTRACTORS SO I THINK YOUR DECISION SHOULD BE MADE WHETHER THEY SHOULD REPLACE THE TREE OR MITIGATE THE TREES BY FEE AND IF YOU'D LIKE TO WAIVE THE TREES OR NOT.

IT SHOULDN'T MATTER TO THIS BODY WHO'S PAYING THAT FEE PER SE. I THINK IF YOU WANT MORE INFORMATION, YOU CAN CERTAINLY ASK FOR THAT AND DELAY THIS TO A LATER DADE, BUT I DON'T KNOW IF THAT SHOULD MAKE A DECISION CHANGE FOR YOU OR NOT.

>> OKAY, THANK YOU. MR. POLLARD.

>> COREY, THIS WENT TO THE BOARD OF ADJUSTMENTS, DO YOU THINK IT'S THEN PREMATURE FOR US TO ACT ON THIS UNTIL THE BOARD OF ADJUSTMENTS DETERMINES WHAT THEY'RE GOING TO DO? IF THE BOARD OF ADJUSTMENTS GIVES THEM ALL THE VARIANCES AND IT ALSO COVERS THIS, TO SOME EXTENT, IT BECOMES A MOOT

POINT. >> THE BOARD OF ADJUSTMENT IS NOT TASKED WITH THE TREE REMOVAL PROCESS OR THE DETERMINATION OF MITIGATION. THAT'S THIS BOARD AND THE CITY COUNCIL, SO WHAT'S GOING TO THE BOARD OF ADJUSTMENTS IS VARIANCES RELATED TO OTHER CHANGES ON THE SITE, OTHER LANDSCAPE, REQUIREMENTS THAT WE HAVE THAT THEY'RE ASKING FOR A DEVIATION FROM, SO I THINK IN TYPICAL PROCESS, MAYBE THEY WOULD GET THEIR VARIANCES AND THEN COME TO YOU WITH TREE REMOVAL PERMIT. IN THIS CASE T TREES WERE ALREADY REMOVED, AND SO KIND OF SUBSEQUENTLY BRING THE TREE REMOVAL WITH THE VARIANCES AND THIS WOULD DETERMINE HOW THEY MUST MITIGATE THE TREES IN REGARD TO THAT. NOW YOUR RESPONSE WOULD BE THEY HAVE TO MITIGATE THE TREE. YOUR RESPONSE IS NOT THEY HAVE TO COMPLY WITH THE PARKING LOT LANDSCAPING REQUIREMENT IN THIS STEP. RIGHT NOW, YOU'RE ONLY DETERMINING WHETHER THEY SHOULD REPLACE THE TREE OR PAY INTO THE FUND FOR THE TREES, SO THEN WHETHER IT'S IN THE PARKING LOT OR IT'S SOMEWHERE ELSE, IF THEY'RE NOT COMPLYING WITH ALL THE OTHER CITY CODES IN HOW THEY MIGHT REPLACE THAT TREE, THEN THAT IS SOMETHING THE BOARD OF ADJUSTMENT WOULD LOOK AT.

>> IN THIS CASE, WE SHOULD CONSIDER -- I MEAN WE DON'T

NEED TO TELL WHERE THE TREES. >> THAT WAS MY BAD.

>> BUT THE QUESTION IS WHETHER OR NOT WE WANT TO ALLOW THEM TO MITIGATE VIA PAYMENT OR MAKE THEM PLANT THE TREES OR ANY COMBINATION THEREOF. ANY OTHER COMMENTS OR CONCERNS?

>> YES . >> MR. WHITE.

>> SINCE WE ARE ALREADY TALKING ABOUT REPLACING THE CURRENT TREES, WELL MITIGATING THE CURRENT TREE STRATEGY ALREADY IN PLACE, AND THERE'S A PROJECTION IN THE FUTURE FOR THE PARKING LOT WHERE WE'RE USING LESS TREES DOWN THE PIPE, I THINK WE SHOULD JUST FOCUS ON OUR CURRENT BUCKET OF ISSUES, AND IF WE'RE GOING TO GET LESS TREES, I THINK WE SHOULD BE CONCERNED ABOUT HOW DO WE NOT MAKE THIS A PRECEDENCE SO IN THE FUTURE, EVERY CHURCH WILL DO THE RIGHT THING AND THEIR GOOD WILL, BUT WHAT ABOUT THE NEXT ACTOR AND SAY WELL, I JUST KNOCKED OFF SOME TREES, ON A PARKING LOT OR A WAL-MART PARKING LOT OR A WOODED AREA. HOW DO WE PROTECT THE CITY WITH THOSE ACTIVITIES IF WE SET THIS PRECEDENCE THE

OTHER WAY? >> THAT IS OUR QUESTION. MR.

POLLARD. >> SO IS IT POSSIBLE -- I BELIEVE IT IS THAT YOU COULD DO ACTUALLY A MIXTURE OF TWO THINGS, DETERMINE HOW MANY CALIPER INCHES OF TREES THAT

NEED TO BE REPLACED. >> 16.

>> ON THE PROPERTY. I UNDERSTAND IT'S 63 CALIPER INCHES, BUT SAY YOU WANT TO DO HALF OF THE CALIPER INCHES AND

[00:55:06]

EITHER OR. IF I RIGHT OR WRONG? >> I KNOW WE HAVE FLEXIBILITY.

IT JUST A QUESTION OF WHAT IS IN FRONT OF US RIGHT NOW IS A REQUEST TO -- YEAH, A REQUEST -- THEY ALREADY REMOVED IT. BUT THEY WANT US TO BASICALLY WAIVE ANY MITIGATION WHETHER IT'S

MONETARY OR PHYSICAL. . >> THE FIRST PART IS TREES OR

MONEY. >> WHAT'S THE DIFFERENCE BETWEEN THAT? IF IT TREES, CAN IT BE WAIVED? IF IT'S MONEY, CAN IT BE WAIVED? IT'S WHETHER OR NOT WE'RE GOING TO WAIVE THE REQUIREMENT WE HAVE WHICH IS PLANT TREES OR GIVE US MONEY

INTO THE REFORESTATION FUND. >> WHICH THIS DOES NOTHING.

>> WE'RE ACTUALLY TRYING. WE'RE MAKING SOME TRACTION TO MOVING THAT MONEY TO TREES. ONE MOMENT PLEASE. MR. WHITE.

>> I'M SORRY. >> MS. WILSON.

>> IT APPEARS WHAT IS OCCURRING -- LIKE HE MENTIONED AND I GUESS YOU'RE RIGHT, IT'S IRRELEVANT THAT IT'S FAMILY-OWNED. I REMEMBER HEARING THAT, BUT HE'S ASKING THAT WE WAIVE THE FEES BECAUSE HE MENTIONED HOW, I GUESS, HOW THEY MAINLY DEAL WITH CHARITABLE CONTRIBUTIONS SO THEY MIGHT NOT BE ABLE TO COVER THAT COST, BUT I KNOW IT'S NOT OUR CONCERN, BUT MAINLY THAT'S WHAT THEY'RE ASKING FOR, FOR US TO CONSIDER WAIVING THE FEES INSTEAD OF CHARGING FOR THE

COST TO REPLACE THE TREES. >> ONCE AGAIN, I THINK THAT'S KIND OF IRRELEVANT, BECAUSE THE CHURCH IS A CHARITABLE ORGANIZATION. THE CONTRACTOR I'M SURE IS NOT CHARITABLE.

>> THEY SHOULD HAVE INSURANCE TOO.

] THAT'S MY UNDERSTANDING.

>> ANY OTHER COMMENTS? QUESTIONS? MR. POLLARD?

>> WHAT IT BE PROPER TIME TO ASK THAT WE TABLE THIS AND HAVE THE APPLICANT IRONED OUT WHETHER THEY CAN AFFORD TO REPLACE THE TREES AND THEN DETERMINE WHETHER WE WANT TO GO WITH MITIGATION INSTEAD OF ACT ON WHAT IS REQUESTED. RIGHT NOW

MY VIEW IS, I'M NOT FOR ITS. >> I'M NOT SURE THAT TABLING IT WILL DO ANYTHING FOR THEM BECAUSE DURING THE PRESENTATION, ONE OF THE ITEMS WAS, THE COST OF EACH TREE AND TO PLANT IT, WE CAN'T AFFORD THAT. WE CAN'T AFFORD THE TRUE MITIGATION COST OR THE CONTRIBUTION TO REA FOR STATION OF 7000 DOLLARS SO WOULD LIKE IT WAIVED . AGAIN, I'M NOT AT ALL FAVORABLE TO WAIVING THE REQUIREMENT BECAUSE, JUST AS MR. WADE HAD MENTIONED BEFORE, AND MS. WILSON, WE WOULD BE

[01:00:06]

>> IF THE MOTION IS TO DENY AND REQUIRE THE FEE, COULD A CONDITION BE EITHER FEE OR PLANTING OF NEW TREES?

>> I'M MORE THAN WILLING TO ACCEPT THAT AS A MOTION. IT'S BASICALLY SAYING, NO, THE TREES WERE SUPPOSED TO BE PROTECTED.

THEY WERE NOT. THEY WERE REMOVED , SO WE HAVE TO GO AHEAD AND RESTORE THAT AND IT CAN BE DONE IN RESTORATION FREE OR TREES. WILL WE WAIVE IT? NO. DOES THAT WORK FOR YOU, COREY? THE ANSWER, MR. HERNANDEZ, IS YES. MR. WHITE?

>> CAN I MAKE A MOTION? >> ABSOLUTELY. IF THERE IS NO FURTHER DISCUSSION ON THIS, I'M READY FOR A MOTION.

>> I MAKE A MOTION THAT THE RECOMMENDATION FROM THE COMMITTEE HERE , THAT IT IS REQUIRED THAT THE CHURCH OR ENTITY OF WHOEVER IS GOING TO PAY FOR THIS THING TO REPLACE THE TREES, TO REPLANT THE TREES IN TERMS OF NUMBER OF CALIPER

EDGES. SO --. >> YOU WANT TO MAKE A MOTION TO DISAPPROVE THE TREE REMOVAL REQUEST? APPROVE IT BY --.

>> BY REPLACEMENT. REPLANTING. >> WE HAVE A MOTION ON THE FLOOR TO APPROVE THE TREE REMOVAL REQUEST . IT'S A TREE REMOVAL REQUEST, SO YOU ARE DENYING THE TREE REMOVAL B+.

>> REPLANTING OF THE TREES THAT WERE REMOVED. CALIPER EDGES OF

THE TREE REMOVED. >> IF WE DENY THE REQUEST FOR THIS TREE REMOVAL --. OH MY GOODNESS. IT IS KIND OF

CIRCULAR. BRITNEY, HELP US. >> YOUR OPTIONS ARE DIFFERENT

IF VERBAL. >> PLEASE EDUCATE US.

>> WE ARE LOOKING FOR OPTION NUMBER FOUR WHICH SAYS, WE WILL GO AHEAD AND APPROVE THE TREE REMOVAL PERMIT WITH MITIGATION REQUIRED AS TREES PLANTED ON SITE OR FUNDS TO THE REFORESTATION. IS THAT WHAT YOU WANTED, MR. WHITE? IF YOU PUSH THE BUTTON ON THE UPPER LEFT-HAND CORNER THAT SAYS PRESENTATION, THE SECOND PARAGRAPH.

THAT'S NOT A WORD FOR WORD GOT -- BUT TRY TO USE THAT . MR.

[01:05:02]

WHITE? >> I LIKE TO MAKE A MOTION THAT THE GOVERNING BODY APPROVE THE TREE REMOVAL PERMIT AND MITIGATION REQUIRES THAT TREE PLANT ON SITE .

>> WE HAVE A MOTION ON THE FLOOR. APPROVING THE TREE REMOVAL PERMIT WITH MITIGATION REQUIRED AS TREES PLANTED ON SITE. DO I HAVE A SECOND OR AMENDING MOTION? MR. POLLARD?

>> I DON'T HAVE A SECOND FOR THAT BUT THIS IS A RECOMMENDATION TO THE CITY COUNCIL, IS IT NOT? AND WHAT I WANT TO MAKE SURE IS IT IS COMMUNICATED TO CITY COUNCIL

INAUDIBLE ] >> WE DO PROVIDE THEM A LINK TO THIS VIDEO AS PART OF THE PACKET TO CITY COUNCIL SO THEY CAN WATCH THE WHOLE VIDEO BUT WE CAN CERTAINLY EXPRESS THAT IN THE COUNCIL REPORT THAT THERE WAS DISCUSSION.

>> BASICALLY , WE DON'T SUPPORT WAIVING ANY PORTION OF THIS , NOT JUST THE FUNDS , BUT IF THEY WANT TO PLANT THEM OR IT IS ENTERED INTO A MOTION TO PLANT THEM, WE DON'T WANT TO WAIVE THE PLANTING OF ANY TREES DECREASING THE CALIPER EDGES REQUIRED. OR YOU CAN DO THAT AS A FRIENDLY ADDITION. OKAY, WAIT

A MINUTE, NOW. MR. POLLARD? >> I WOULD LIKE TO ADD TO THE MOTION , THAT MR. MILTON WADE -- I'M SORRY THAT MR. WHITE MADE THAT WE COMMUNICATE TO THE CITY COUNCIL SINCE THIS IS A RECOMMENDATION THAT MITIGATION WITH A REQUEST FOR A WAIVER BE TOTALLY DENIED.

SO, MR. WHITE , WHAT HAS BEEN ASKED IS, CAN WE WORD IT THIS WAY? THE GOVERNING BODY MAY UPPER OF THE TREE REMOVAL PERMIT WITH MITIGATION AS REQUIRED AS TREES PLANTED WITHOUT A WAIVER . WOULD THAT MAKE SENSE? WHAT THAT BE ACCEPTABLE TO YOU? MR. WHITE? ADD ANOTHER FRIENDLY TO IT WITHOUT THE REDUCTION AND CALIPER INCHES .

>> THAT WOULD BE THE WAIVER . INCHES OR FEET .

MR. HERNANDEZ? SORRY. WE HAVE -- I'M GOING TO TRY TO GET THIS ONE RIGHT. WE HAVE A MOTION AND A SECOND TO APPROVE THE TREE REMOVAL PERMIT --. I'M SORRY. THAT'S RIGHT. YOU MADE A FRIENDLY. GOOD CATCH. I NEED A SECOND. FOR THE TREE REMOVAL PERMIT WITH MITIGATION AS REQUIRED FOR TREES PLANTED WITH NO WAIVERS. DO WE HAVE A SECOND ON THAT? MR. HERNANDEZ? GO AHEAD AND PUSH YOUR SECOND BUTTON. THANK YOU. OKAY. ANY DISCUSSION ON THE MOTION? HEARING NONE , WE WILL CALL THE VOTE.

[4. CONSENT AGENDA]

READY FOR A MOTION. MISS WILSON?

>> I MOTION THAT WE APPROVE THE CONSENT AGENDA AS PRESENTED.

[01:10:06]

>> WE HAVE A MOTION TO APPROVE. DO WE HAVE A SECOND? MR. TUCKER SECONDS . ANY DISCUSSION ON THE MOTION? SEEING NONE, CALL THE VOTE .

MR. WILSON, I DO NOT HAVE YOUR VOTE YET. THERE WE GO. 6-0 WITH ONE ABSTENTION. WITH THAT --. YES, MR. POLLARD?

>> I ABSTAINED BECAUSE I WAS NOT AT THAT MEETING. I DO HAVE ONE OTHER THING BEFORE YOU DO ADJOURNMENT. CAN STAFF BRING US UP TO DATE OF WHAT IS GOING ON WITH THE CHANGES ?

>> IT'S NOT ON THE AGENDA. >> AND A BRIEF US AT THE NEXT

MEETING? >> WE CAN ASK THEM TO BRIEF US

AT THE NEXT MEETING. >> THIS IS GOING TO COME BEFORE THE CITY COUNCIL IN FEBRUARY.

>> WE WILL GET A LITTLE UPDATE. WITH THAT , WE ARE ADJOURNED.

THANK YOU, GENTLEMEN, AND LADIES. AND STAFF.

* This transcript was compiled from uncorrected Closed Captioning.