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Regular Planning Commission Meeting <br />Minutes – Wednesday, October 7, 2015 <br />Page 5 <br />Member Daire stated his rationale in raising that question was in recognizing it was <br />196 <br />insufficient for someone not certified or registered to perform the tree inventory and plan <br />197 <br />(e.g. a surveyor) in order to establish the recognized standard, opining it was only fair to <br />198 <br />have that requirement up front. <br />199 <br />Member Bull opined that it was typical of the city’s general policy that went along with the <br />200 <br />ordinance; with Mr. Gozola stated that it was similar to a drainage or other plan who will <br />201 <br />review the plan but that’s not clearly stated. However, Member Bull noted that it does say <br />202 <br />it will be approved by the city engineer; with Mr. Paschke noting that some areas may <br />203 <br />specify it but not to the magnitude currently being discussed. <br />204 <br />Page 3, Section B (applicability), paragraph 3, Chair Boguszewski suggested adding a <br />205 <br />new number (after line 104) such as: “In all instances where submissions by a registered <br />206 <br />forester or certified arborist are required, submissions will be reviewed or approved by <br />207 <br />city staff and/or contractors with equivalent credentials.” <br />208 <br />Page 5, Section F (incentive multipliers), starting at line 149, Member Bull questioned the <br />209 <br />incentive multipliers based on his review of the example summary table (page 8, line <br />210 <br />240), stating his preference to see not only a multiplier to encourage preservation of large <br />211 <br />trees but also a disincentive to exceed a certain amount or to receive additional credit for <br />212 <br />exceeding preservation of larger and/or heritage trees, suggesting the multiplier doubling <br />213 <br />if they go over the percentage depending on the type of tree. <br />214 <br />Discussion ensued about disincentives built in through the multiplier in addressing those <br />215 <br />calculations; current language on heritage trees; and recognizing some cases where a <br />216 <br />developer or property owner can’t work around removing trees in attempting to meet city <br />217 <br />code for setbacks, access, etc. <br />218 <br />Mr. Gozola stated that the intent of the ordinance is to tag noncompliance but not to <br />219 <br />bludgeon developers. <br />220 <br />Member Murphy agreed, using the Cherrywood Point development as an example and <br />221 <br />inability to construct it without removing trees. While understanding the need for <br />222 <br />disincentives if other options are available, Member Murphy opined there was also a <br />223 <br />need to create large disincentives that make if impossible for a developer to do a project, <br />224 <br />or to make them pay through the nose to do so. <br />225 <br />Member Bull clarified that he was not saying they couldn’t do the development, but some <br />226 <br />other provision was needed (e.g. payment in lieu or relocating trees on other city <br />227 <br />properties) allowing them to make amends off-site if not on-site. <br />228 <br />Chair Boguszewski stated that he shared the concerns of Member Murphy related to <br />229 <br />incentives and calculations. At the request of Chair Boguszewski, Mr. Gozola confirmed <br />230 <br />that the proposed language as currently written was their recommendation and not weak <br />231 <br />based on their research with other ordinances that were requiring a great deal of <br />232 <br />replacement and/or cash in lieu of if going that route, but by upping the disincentive <br />233 <br />calculations, he opined that it would make developers or property owners pay the <br />234 <br />maximum if involving a heavily-wooded site. <br />235 <br />Member Bull emphasized the examples used in the charge if exceeding specimen trees, <br />236 <br />their removal and/or replacement in caliper inches; with Mr. Gozola clarifying that <br />237 <br />example based on saving more heritage trees than required and therefore not requiring <br />238 <br />additional replacement. Member Bull further debated the current calculations using <br />239 <br />various examples. <br />240 <br />Mr. Rehder opined that Mr. Gozola had taken a novel approach with the current incentive <br />241 <br />calculator that should provide more than sufficient incentive, but allow a slap if you go <br />242 <br />beyond it. Mr. Rehder further opined that the two multipliers definitely served to address <br />243 <br />the concerns expressed by Member Bull; and that the threshold had been met on the <br />244 <br />development side and by comparison. Mr. Rehder stated there was never going to be a <br />245 <br />situation not needing replanting or planting elsewhere, but this allowed it to be <br />246 <br /> <br />