Oct 15, 2026 Town Council Joint Meeting

[A. CALL TO ORDER ]

[00:00:04]

THERE'S A DELAY.

TRACI: IS IT ECHO? IT'S COUNCIL MEMBER CHERYL MOORE.

CHERYL MOORE: WE'RE GETTING SOME FEEDBACK.

GOOD EVENING, FLOWER MOUND.

THE TIME IS NOW 6:02.

AND I'M CALLING THIS JOINT WORK SESSION TO ORDER.

WE ARE HAVING A JOINT WORK SESSION TONIGHT WITH THE ENVIRONMENTAL CONSERVATION COMMISSION.

AND THIS IS A GREAT OPPORTUNITY FOR US TO MEET TOGETHER TONIGHT.

WE HAVEN'T DONE THIS SINCE I'VE BEEN IN THIS ROLE.

SO WE HAVE SEVERAL ITEMS TO DISCUSS TONIGHT.

TREES ARE A VERY IMPORTANT ISSUE IN FLOWER MOUND.

PRESERVATION IS A KEY TOPIC THAT WE DISCUSS.

AND SO TONIGHT, WE'RE GOING TO TALK ABOUT THE TREE ORDINANCE, THE ACORNS TO OAKS PROGRAM, AND SOLIDIFYING THAT TO MAKE IT MORE SPECIFIC ON WHAT OUR NEEDS ARE.

AND THEN WE'LL TALK ABOUT THE TREE REMOVAL PERMITTING PROCESS.

SO THIS IS A GREAT OPPORTUNITY TO COME TOGETHER AND DISCUSS THESE ITEMS. SO RIGHT NOW, BEFORE WE GET STARTED FOR THE EVENING, WE HAVE PUBLIC COMMENT, AND YOU HAVE THREE MINUTES

[B. PUBLIC COMMENT ]

DO WE HAVE ANY PUBLIC COMMENT CARDS THIS EVENING, TRACI? TRACI: MAYBE THERE WERE GOING TO BE AT THE BEGINNING.

THERE, AT THE BEGINNING NOW.

CHERYL MOORE: ACTUALLY, YOU KNOW WHAT, LET'S GO AHEAD AND-- I AM GOING TO MOVE PUBLIC COMMENT.

I AM GOING TO GO AHEAD AND MOVE PUBLIC COMMENT TO LATER.

WE'LL GO AHEAD AND DO THE WORK SESSION ITEMS,

[C.1. Presentation and discussion on updates to the Town’s tree ordinance ]

OK.

YEAH.

I KNOW THERE'S SOME PEOPLE THAT WANTED TO MAKE SOME PUBLIC COMMENT AFTER HEARING SOME OF THE ORDINANCE CHANGES.

THANK YOU FOR REMINDING ME.

SO THE FIRST ITEM IS OUR PRESENTATION AND DISCUSSION ON UPDATES TO THE TOWN'S TREE ORDINANCE.

MATT WOODS: THANK YOU, MAYOR.

CHERYL MOORE: GO AHEAD.

MATT WOODS: THANK YOU.

YEAH, I DEFINITELY APPRECIATE THE OPPORTUNITY FOR STAFF IN ECC TO COME FORWARD AND PRESENT THE AMENDMENTS AND TALK ABOUT THE ACORNS TO OAKS PROGRAM.

SO IT'S A GOOD OPPORTUNITY.

SO I JUST WANTED TO PROVIDE SOME QUICK BACKGROUND ON PRIOR TREE ORDINANCES, THE AMENDMENTS WHERE WE'RE AT CURRENTLY, HOW WE GOT HERE, AND THROUGH THE REVIEW OVER THE PAST YEAR PLUS WITH JAKE, KATIE, ECC.

SO APPRECIATE THEIR EFFORTS.

IT'S BEEN A LOT OF WORK.

TACKLING THE TREE ORDINANCE IS A BIG UNDERTAKING AND THEY'VE DONE A SUPER JOB.

SO I FEEL WE'RE AT A PRETTY GOOD PLACE TO BRING THIS FORWARD FOR DISCUSSION AND GET SOME FEEDBACK FROM THE COUNCIL.

SO THE ORIGINAL TREE ORDINANCE WAS ADOPTED IN 1993.

Y'ALL MAY BE AWARE OF ALL THIS, BUT I'LL GO THROUGH IT QUICKLY.

1993 WAS THE ORIGINAL ORDINANCE.

WE ESTABLISHED A TREE BOARD.

VICE CHAIR BOWMAN WAS ON THAT TREE BOARD AT THAT TIME, SO WE HAD A LOT OF HISTORY THERE AND A LOT OF BACKGROUND THAT HE CAN PROVIDE.

IN 2000, THERE WAS A SUBSTANTIAL ORDINANCE AMENDMENT.

THAT REALLY SET A NEW SPECIMEN SIZE THRESHOLD.

THAT'S KIND OF WHAT WE'RE DISCUSSING HERE TONIGHT TOO IN ADDITION TO OTHER AMENDMENTS.

BUT THAT SPECIMEN SIZE THRESHOLD WAS SET THROUGH THE STATE'S BIG TREE REGISTRY.

IT'S A UNIQUE APPROACH.

SO THE LARGEST TREE ON THE REGISTRY IN THE STATE OF TEXAS SET OUR SPECIMEN STANDARD.

SO, FOR EXAMPLE, AT THAT TIME, THE BIGGEST POST OAK IN THE STATE WAS 66 INCHES DIAMETER.

DIAMETER AT BREAST HEIGHT AT 4.5 FEET.

SO BIG POST OAK.

OUR SPECIMEN SIZE WAS 50% OF THAT.

SO UP UNTIL 2008, THE SPECIMEN SIZE WAS 33 INCHES, OR JUST OVER THAT.

AFTER THAT, IN 2008, THAT WAS AN OVERHAUL OF THE ORDINANCE.

IT WAS REPEALED AND REPLACED.

SO IN 2008, THAT STANDARD WAS SET BY A THRESHOLD FOR SMALL, MEDIUM, AND LARGE TREES.

SMALL BEING 1E INCHES, BASED ON THE SPECIES.

MEDIUM WAS 19 INCHES.

LARGE TREES, INCLUDING THE POST OAK, WERE 25 INCHES.

SO THAT WAS THE NEW STANDARD SET IN 2008.

IN 2016, ANOTHER AMENDMENT OCCURRED, WHICH SPECIFICALLY DESIGNATED POST OAKS AS ITS OWN DESIGNATION OF 22 INCHES FOR A SPECIMEN TREE.

SO THAT WAS 2016.

AND IT ALSO ESTABLISHED CREDITS TO INCENTIVIZE THE PRESERVATION OF POST OAKS.

THOSE ARE SOME AMENDMENTS THEN.

2022, THERE ARE SOME AMENDMENTS, BUT THOSE ARE MAINLY LANDSCAPING AND PLANTING STANDARDS.

SO THAT'S KIND OF A QUICK HISTORY.

[00:05:01]

I'M SURE VICE CHAIR BOWMAN COULD AS WELL.

BUT WITH THAT, I'LL NOW TURN IT OVER TO JAKE, AND HE'LL GO THROUGH THE SPECIFIC DETAILS OF THE PROPOSED AMENDMENTS.

AND WE CAN HAVE THAT DISCUSSION.

AND ECC, OBVIOUSLY, CAN CHIME IN AND WE'RE HAPPY TO ANSWER ANY QUESTIONS AS JAKE GOES THROUGH THIS.

AND I THINK I WON'T GO THROUGH ALL THESE EITHER.

I DON'T THINK JAKE NEEDS TO, BUT THESE WERE PROVIDED IN THE STAFF REPORT AS FAR AS THE MEETINGS.

IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE MEETINGS OR WHAT WAS DISCUSSED, WE CAN OBVIOUSLY GO THROUGH THAT AS WELL.

BUT THIS IS JUST A QUICK SUMMARY OF THOSE MEETINGS THAT STARTED IN 2024.

AND THAT'S WHAT REALLY KICKED OFF THE DISCUSSION OF SPECIMEN SIZE REVIEW.

JAKE.

JAKE SPECKHALS: OK.

SO TO JUMP RIGHT INTO IT, AFTER ALL OF THOSE WORK SESSIONS, AND QUITE A FEW OF THEM, ONE OF THE MAIN FOCUSES WAS LOOKING AT THAT SPECIMEN SIZE THRESHOLD, WHICH IS CURRENTLY 22 INCHES FOR THE POST OAK.

AND WE LOOKED AT A LOT OF PREVIOUS DEVELOPMENT PROJECTS, LOOKING AT WHAT WOULD HAPPEN IF WE STARTED TO LOWER THAT SPECIMEN SIZE.

AND I HAVE SOME DATA AND EXAMPLES FROM PREVIOUS PROJECTS THAT I'M ABOUT TO GO OVER AFTER THIS SLIDE.

BUT AFTER ALL THOSE WORK SESSIONS, THIS IS WHERE ECC LANDED ON POSSIBLE AMENDMENT TO THE TREE ORDINANCE.

AND THAT WOULD BE MITIGATING FOR POST OAKS THAT ARE 18 TO 21 INCHES IN DIAMETER, AS IF THEY WERE SPECIMENS.

SO INSTEAD OF GETTING $600 IN MITIGATION FOR THAT THRESHOLD OF CALIPER INCHES, THEY WOULD BE MITIGATED AT 2X THE CALIPER INCHES AS A SPECIMEN.

BUT THEY WOULD NOT GO THROUGH THE ECC RECOMMENDATION PROCESS OR TOWN COUNCIL APPROVAL PROCESS IF THIS WERE THE AMENDMENT THAT WENT THROUGH.

AND THEN ALSO, ANOTHER PIECE OF THIS IS IT WOULD DEVOTE THAT MITIGATION FROM POST OAKS WITH THESE CALIPER INCH SIZE SPECIMEN POST OAKS, HISTORICAL POST OAKS, IF THERE EVER WAS ONE, AND ALL PROTECTED POST OAKS.

THAT MITIGATION WOULD ACTUALLY BE PUT INTO A SEPARATE POST OAK MITIGATION FROM A FUND ASIDE FROM THE TRADITIONAL TREE MITIGATION FUND.

SO MOVING ON TO SOME OF THESE EXAMPLES THAT ECC WAS LOOKING AT IN THOSE PREVIOUS WORK SESSIONS.

WE PULLED DATA FROM THIS PROJECT, TOWN LAKE PHASE I.

AND LIKE I WAS SAYING, WE LOOKED AT HOW THE SPECIMEN MITIGATION WOULD GO UP.

AND IT'S WHAT YOU WOULD EXPECT TO SEE.

AS WE START LOWERING THAT SPECIMEN THRESHOLD, MITIGATION IS GOING TO START GOING UP BECAUSE THEY'RE MITIGATED FOR AT A DIFFERENT RATE.

SO I'LL GIVE YOU ALL A LITTLE TIME TO LOOK AT THAT.

THIS NUMBER IS JUST THE TOTAL INCREASE IN SPECIMENS THAT WE WOULD SEE.

SO LOWERING TO 21 INCHES WOULD SEE A 20% INCREASE.

AT 20 INCHES, 44% INCREASE, AND SO ON.

AND YOU'LL NOTICE, ONCE WE GET DOWN TO THAT 18-INCH SIZE FOR SPECIMENS, OR WITH THE MITIGATION, SEE QUITE A SUBSTANTIAL INCREASE IN POST OAKS THAT WOULD HAVE TO GO THROUGH THAT ECC AND TOWN COUNCIL PROCESS.

SO WE'RE SEEING-- CHERYL MOORE: OK.

SO WHY DID THE BIGGER TREES HAVE LESS OF A COST? AM I NOT UNDERSTANDING THIS? JAKE SPECKHALS: WHY DID BIGGER TREES HAVE LESS OF A COST? CHERYL MOORE: YES.

I WOULD THINK IT WOULD BE THE OPPOSITE, ISN'T IT? AM I NOT-- MATT WOODS: IT'S BASED ON THE-- IT'S JUST BECAUSE THERE'S FEWER.

THERE'S FEWER LARGER.

ONCE YOU DROP THE SPECIMEN SIZE DOWN TO 18 INCHES, THERE ARE MORE TREES COMING FORWARD, MORE TREES MITIGATED.

ADAM SCHIESTEL: SO IN TOWN LAKE PHASE I, IF THIS NEW POLICY WAS IN PLACE, THEN TOLL BROTHERS WOULD HAVE HAD TO PAY AN ADDITIONAL $208,000 BECAUSE OF THE 18-INCH POST OAKS THAT THEY REMOVED? OK.

CHERYL MOORE: YEAH.

OK.

THAT MAKES SENSE.

ELAINE TAKACS: CAN I ALSO JUST ADD, PART OF THE REASON WHY THE POST OAKS ARE MORE DEAR, MORE EXPENSIVE, IS BECAUSE THERE ARE LESS OF THEM, LIKE MATT WAS SAYING.

BUT ALSO, THEY GROW VERY SLOWLY.

AND SO ONE THAT APPEARS TO BE, MAYBE NOT THAT BIG, MAYBE 22 INCHES, COMPARED TO ANOTHER TREE, THAT'S 22 INCHES, THE POST OAK IS ACTUALLY OLDER.

AND THAT'S ITS SURVIVAL MECHANISM IS TO GROW SLOWLY.

AND BECAUSE OF THAT, THEY'RE MORE VALUABLE BECAUSE THERE'S LESS OF THEM IN TOTAL.

AND BECAUSE THE REASON WHY IS BECAUSE PART OF IT

[00:10:03]

ADAM SCHIESTEL: I DON'T GET THE SAME HEARTBURN FOR A CEDAR ELM OF THE SAME SIZE, BECAUSE YOU CAN GO BUY ONE AND PLANT IT AND IT GROWS PRETTY WELL.

SO I DO THINK THAT THAT'S A GOOD POINT, AND THAT FIGHTING A LITTLE HARDER FOR POST OAKS MAKES SENSE BECAUSE THEY'RE HARDER TO REPLACE.

SO IT'S SENSIBLE TO HAVE A STRICTER STANDARD JUST FOR POST OAKS THAN WE DO FOR OTHER TREES.

JANVIER WERNER: AND I THINK THE POINT IS ALSO THAT THEIR OLDER TREES.

THE SMALLER DIAMETER, DOESN'T NECESSARILY MEAN IT'S A YOUNG TREE.

JAKE SPECKHALS: SO I'LL MOVE ON TO A FEW MORE EXAMPLES.

SO WE LOOKED AT TOWN LAKE 5 AND 6.

AND THAT'S WHERE WE'RE SEEING THE SUBSTANTIAL INCREASE IN MITIGATION, LOWERING IT DOWN TO 18 INCHES, AS WELL AS A SUBSTANTIAL INCREASE IN TREES THAT WOULD HAVE TO GO THROUGH THE PROCESS.

AND THEN ON TERECINNA PHASE II, ONE THING YOU'LL NOTICE HERE IS THE MITIGATION ACTUALLY WENT DOWN IN THIS SCENARIO WHEN WE REDUCED IT TO 19 INCHES BECAUSE THEY WERE PRESERVING SO MANY 19-INCH TREES THAT THEY GOT EXTRA CREDITS FOR THEM.

SO IT'S VERY SITE-DEPENDENT.

SOME SITES ACTUALLY DON'T HAVE A WHOLE LOT OF POST OAKS, SO WE TRIED TO LOOK AT AS MANY EXAMPLES AS WE COULD TO GET A BASELINE OF KNOWLEDGE.

SO MOVING ON TO THIS ONE, THIS IS MORE OF A VISUAL REPRESENTATION OF WHAT WOULD HAPPEN.

AND ALL OF THESE PROJECTS HAVE GONE BEFORE ECC AND TOWN COUNCIL AT SOME POINT FOR TREE REMOVAL PERMITS.

THESE AREN'T GOING TO BE PROJECTS THAT YOU'LL SEE IN THE FUTURE.

SO WE'RE LOOKING AT THIS SITE AS IS RIGHT NOW WITH THE CURRENT ORDINANCE, 22-INCH POST OAK SPECIMEN SIZE.

WE WOULD HAVE 16 TOTAL SPECIMEN TREES ON SITE, ALL POST OAKS, SEVEN SPECIMEN TREES WOULD BE PROPOSED REMOVAL, AND MITIGATION WOULD BE 22,000.

SPEAKER 1: JAKE, I REALLY LOVE THIS BECAUSE IT SHOWS THAT YOU HAVE A POST OAK THAT'S SITTING IN THE MIDDLE OF A COUPLE OF PARKING SPOTS.

AND THAT MAY BE WHAT PUSHES OVER.

LET'S NOT PUT THESE TWO PARKING SPOTS BECAUSE WE CAN SAVE ONE SPECIMEN POST OAK.

JAKE SPECKHALS: SO WHEN WE LOWER IT DOWN TO 21.

WE SAW TWO MORE SPECIMENS THAT WOULD BE PRESERVED, TWO MORE THAT WOULD BE REQUESTED FOR REMOVAL.

MITIGATION WENT UP A LITTLE BIT.

AND IT'S WHAT YOU WOULD EXPECT TO SEE WHEN YOU START LOWERING POST OAK SPECIMEN SIZE.

YOU'RE GOING TO START GETTING MORE.

SO GO ALL THE WAY DOWN TO 18 INCHES.

THIS IS WHERE WE GET ALL THE WAY FROM 16 SPECIMENS, ALL THE WAY UP TO 40.

AND THEN MITIGATION WENT UP TO $95,800, AND IT STARTED AT 22.

SO I TOUCH ON THIS A LITTLE BIT WITH THE FIRST SLIDE.

BUT WITH THIS PROPOSED AMENDMENT, WE WOULD CREATE THAT POST OAK MITIGATION FUND AND THAT WOULD BE USED TO SUPPORT ACQUISITION, PLANTING, ESTABLISHMENT, IRRIGATION, AND MAINTENANCE OF POST OAKS.

AND WE WOULD HAVE TO AMEND TWO SECTIONS OF ORDINANCE.

AND THAT WOULD BE THE MITIGATION REQUIREMENTS FOR AUTHORIZED REMOVAL OF POST OAK TREES, AND THE UNAUTHORIZED REMOVAL FEES AS WELL.

AND THIS IS JUST SOME ACCOUNTING CHANGES.

SO RIGHT NOW, DEVELOPERS ARE NOT REQUIRED TO SHOW EVERY SINGLE PROTECTED TREE ON SITE, THE INFORMATION ABOUT THEM.

THEY'RE JUST REQUIRED TO PROVIDE A COUNT.

BUT SINCE WE'RE GOING TO BE DOING A LOT OF ACCOUNTING JUST FOR POST OAK TREES, WE ACTUALLY NEED TO KNOW EVERY SINGLE POST OAK ON SITE.

THAT WAY, WE CAN DIVERT THOSE FUNDS OVER TO THE MITIGATION FUND, THE NEW CREATION OF THE POST OAK MITIGATION.

AND THEN WE WOULD HAVE TO RAISE THE UNAUTHORIZED REMOVAL FEE FOR PROTECTED POST OAKS, OR POST OAKS WITH A CALIPER INCH OF 18 TO 21.

BECAUSE IF WE DIDN'T DO IT, IT WOULD ACTUALLY JUST BE CHEAPER TO CUT DOWN THE TREE SINCE WE'RE RAISING MITIGATION.

THESE ARE JUST SOME STAFF-INITIATED THINGS THAT WE LOOKED AT, BUT WE GOT A FEW SUGGESTIONS FROM ECC.

SO RIGHT NOW, THE APPROVED MITIGATION PLANTING LIST, THAT'S WHAT WE USE WHEN A DEVELOPER CHOOSES TO PLANT A TREE IN LIEU OF PAYING CASH.

AND THE LIST RIGHT NOW IS SOMEWHAT LIMITED, AND SOME OF THE TREES ARE HARD TO FIND IN THE NURSERY.

SO WE WOULD EXPAND IT WITH THESE SPECIES.

ALL OF THESE ARE TEXAS NATIVES.

AND THEN ALSO, ADDING A LITTLE BIT OF FLEXIBILITY WHERE WE COULD APPROVE CERTAIN SPECIES,

[00:15:03]

LOOKING AT THE APPROVED PLANTING LIST, ONE THING THAT WE TALKED ABOUT AT, THE WORK SESSIONS WAS REMOVING ALL THE ASH TREES, JUST BECAUSE WE'VE SEEN A LOT OF MORTALITY IN TOWN DUE TO BORERS.

SO WE THOUGHT THAT IT WOULDN'T BE PRODUCTIVE TO KEEP ON PLANTING ASH TREES WHEN WE KNOW THAT THEY'RE GOING TO GET HIT BY THAT.

AND THEN WE WOULD ALSO ADD POST OAK AND BLACKJACK OAK TO THE APPROVED PLANTING LIST THAT'S CURRENTLY ON THE MITIGATION LIST, BUT IT'S NOT ON THE APPROVED PLANTING LIST.

THEN ADDING A FEW SPECIES TO THE OVERHEAD UTILITY EASEMENT LIST, AND THEN ADDING THAT FLEXIBILITY FOR TOWN STAFF, TOO.

JANVIER WERNER: CAN YOU TALK JUST A MINUTE ABOUT WHY BLACKJACK OAKS WEREN'T ORIGINALLY ON-- OR ARE THEY EQUALLY HARD TO CULTIVATE LIKE THE POST OAK? JAKE SPECKHALS: THAT'S CORRECT.

IT'S HARD TO FIND THEM IN THE NURSERY.

SO I THINK THAT'S WHY THOSE TWO SPECIES WEREN'T ORIGINALLY ON THE LIST, BUT MAYBE IN THE FUTURE.

THERE IS SOME WORK BEING DONE WITH TEXAS A&M TO POTENTIALLY MAKE THAT CHANGE.

JANVIER WERNER: THANK YOU.

JAKE SPECKHALS: AND THEN THAT'S JUST AN EXAMPLE OF EMERALD ASH BORER.

SO WE'LL SEE THAT ON TONS OF TREES IN TOWN.

AND THEN WENT OVER ADDING A FEW PROTECTED TREES TO THE PROTECTED LIST.

SO ALL OF THESE SPECIES CAN BE FOUND IN FLOWER MOUND.

SOME OF THEM, OR MOST OF THEM, LIKELY, WON'T EVER REACH 6 INCHES, BUT THEY DO ADD VALUE IF-- AND THERE WILL BE EVENTUALLY SOME THAT WILL REACH THAT PROTECTED SIZE.

THEY'RE JUST SMALLER TREE SPECIES.

AND THEN LASTLY, LOOKING AT TREE MEASUREMENT STANDARDS.

SO RIGHT NOW, WE'RE CURRENTLY WANTING TO IMPROVE UPON THIS AND BEEF IT UP JUST TO ADD SOME CLARITY TO HOW WE LOOK AT THOSE.

AND JUST BECAUSE TREES ARE SO VARIABLE, AND THERE'S SO MANY DIFFERENT SITUATIONS.

WE JUST WANT TO MAKE IT AS CLEAR AS POSSIBLE FOR THE PEOPLE DOING THE SURVEYS.

SO I'LL CONTINUE TO WORK ON THAT, AND BRING IT BACK THROUGH ECC, AND THEN BRING A FINAL PRODUCT TO TOWN COUNCIL AS WELL.

I'LL OPEN IT UP FOR ANY DISCUSSIONS AND QUESTIONS.

JANVIER WERNER: SO I KNOW THIS CAME UP A FEW YEARS AGO, AND I DON'T REMEMBER IF WE WROTE IT IN.

HOW IS IT DETERMINED A TREE RIGHT ON THE PROPERTY LINE? AND IT SPANS BOTH NEIGHBORS, WHO HAS OWNERSHIP OF THAT TREE? JAKE SPECKHALS: FOR PROPERTY LINE TREE.

I WOULD TREAT THAT AS JOINT OWNERSHIP IF IT'S RIGHT ON THE PROPERTY LINE.

SO THE DEVELOPER WOULD HAVE TO MITIGATE FOR IT IF THEY WERE GOING TO REMOVE IT, AS WELL AS PROVIDE SOME TYPE OF DOCUMENTATION THAT THE ADDITIONAL PROPERTY OWNER IS APPROVING THAT AS WELL.

JANVIER WERNER: OK.

SO THE OTHER PROPERTY OWNER HAS TO APPROVE IT.

JAKE SPECKHALS: YEAH.

THEY WOULD HAVE TO GIVE SOME TYPE OF WRITTEN DOCUMENTATION TO ME FOR ME TO LOOK AT.

JANVIER WERNER: AND THAT'S IN THE ORDINANCE TOO? JAKE SPECKHALS: I DON'T THINK THAT IS IN THE ORDINANCE.

JANVIER WERNER: BUT THAT'S JUST HOW WE'VE BEEN HANDLING THAT.

JAKE SPECKHALS: YES.

JANVIER WERNER: OK.

THANK YOU.

CLARE HARRIS: JAKE, ON THE PROTECTED TREE SIZE, I KNOW 6-INCH IS A STANDARD FOR PROTECTED TREES.

ARE WE GOING TO LOOK AT REDUCING THAT FOR POST OAK, SPECIFICALLY? JAKE SPECKHALS: I THINK WE DID LOOK AT THAT A LITTLE BIT, BUT IT WAS HARD-- WE DIDN'T HAVE ANY DATA ON POSTDOCS THAT SIZE JUST BECAUSE THEY WERE NEVER SHOT IN.

AND I THINK WE LOOKED AT SOME OTHER TOWNS AND THE STANDARDS SEEM TO BE 6 INCHES.

THERE ARE CERTAIN INSTANCES WHERE WE HAVE SAVED SMALLER TREES IN OPEN SPACE AREAS, AND SOMETIMES WE'LL ADD A NOTE ON THE TREE SURVEY THAT SAYS, PRESERVE THIS SECTION OF TREES.

BUT I THINK IT WAS JUST TO-- IT'S JUST TYPICAL TO USE 6 INCHES.

CLARE HARRIS: AND I DON'T REMEMBER, AND I COULDN'T FIND IT BEFORE I GOT HERE TONIGHT.

BUT SOMEBODY LOCALLY, ONE OF OUR NEIGHBORS HAS JUST ALSO LOOKED AT THEIR TREE ORDINANCE.

AND FOR POST OAKS, ANY SIZE IS NOW PROTECTED.

SO THAT MIGHT BE SOMETHING WE CAN ALSO LOOK AT IN THE FUTURE.

JAKE SPECKHALS: OK.

POTENTIALLY, LOWERING IT DOWN TO 4 INCHES, 5 INCHES.

CLARE HARRIS: THIS IS ANY POST OAK.

ADAM SCHIESTEL: YEAH.

THE ONLY THING THAT I COULD SEE IS JUST ADDING-- IT WOULD ADD A LOT TO THE SURVEY.

BUT, YEAH, THAT'S SOMETHING WE CAN EXPLORE.

ADAM SCHIESTEL: JAKE, IS THE LEGISLATURE-- HAVE THEY PUT ANY CONSTRAINTS ON OUR ABILITY TO PRESERVE TREES? SOMETIMES THEY FAVOR-- THEY WANT US OUT OF THE WAY TO LET THINGS HAPPEN WITHOUT OUR INTERFERENCE.

IS TREES PART OF THAT CONVERSATION AT ALL? JAKE SPECKHALS: I THINK IT'S BEEN A CONVERSATION IN THE PAST, AND MATT MIGHT KNOW MORE ABOUT IT, BUT I THINK SOME THINGS WENT TO STATE GOVERNMENT BEFORE, WHERE THERE WAS CONCERNS THAT TOWNS MIGHT BE OVERSTEPPING AND THERE WAS A POSSIBILITY TO GET THE TREE ORDINANCE TAKEN

[00:20:01]

MATT WOODS: YEAH.

THAT IS ACCURATE.

IT WAS THE 2017 LEGISLATURE HOUSE BILL 7, I THINK.

IT DEFINITELY AFFECTED OUR TREE ORDINANCE.

WE DID HAVE TO PUT SOME LANGUAGE IN OUR CODE TO ADDRESS MITIGATION.

WE ACTUALLY WE HAD TO PROVIDE AN OPTION FOR LANDOWNER, DEVELOPER, PAY YOUR PLANT ON PUBLIC LAND, PRIVATE LAND.

BUT AT THAT TIME, THERE WERE CONCERNS ABOUT REDUCING OUR AUTHORITY AND OUR ABILITY TO EVEN HAVE A TREE ORDINANCE.

ADAM SCHIESTEL: SO WHAT I WANT, ULTIMATELY, IS MODIFICATION, NOT MITIGATION.

I WANT THEM TO CHANGE THEIR PLANS TO SAVE TREES.

BECAUSE THE PENALTIES FOR CUTTING IT DOWN ARE JUST NOT ADVANTAGEOUS FOR THEM.

IT'S BETTER TO JUST MODIFY YOUR PLAN.

HOWEVER WE CAN GET TO THE POINT WHERE THEY'RE FINANCIALLY LOOKING AT IT AND GOING, MAYBE WE SHOULD SAVE THIS TREE, IT'S ACTUALLY BETTER FOR US.

BUT OF COURSE, WE HAVE TO BE MINDFUL OF THAT BILL YOU JUST MENTIONED, AND ANY FUTURE BILL THAT MIGHT COME FORWARD IF WE PUSH OR PUSH IT A LITTLE TOO HARD.

SO I JUST WANT TO KEEP IN MIND, I JUST WANT TO STAY ABREAST OF ANY LEGISLATIVE ACTION, SINCE THAT CAN BE A BIG PROBLEM FOR US.

AND ONE MORE THING.

CHERYL MOORE: YEAH.

ADAM SCHIESTEL: SO THIS CAME UP IN A RECENT CONVERSATION I HAD.

THIS IS STRICTLY PART OF THE DEVELOPMENT PROCESS.

A HOMEOWNER DOES NOT NEED A PERMIT TO CUT DOWN A TREE IN THEIR FRONT OR BACK YARD.

WHAT'S THE IMPACT ON HOMEOWNERS? JAKE SPECKHALS: THAT'S CORRECT.

ANY PROPERTY THAT'S BEEN DEVELOPED FOR SINGLE FAMILY USES, THERE'S NO TREE PERMIT REQUIRED OR MITIGATION OWED.

BUT AS I'M SURE YOU ALL KNOW, EMPTY LOT THAT'S BEING DEVELOPED FOR THE FIRST TIME, THE TREE ORDINANCE WOULD APPLY.

ADAM SCHIESTEL: OK.

THANK YOU.

IT'S IMPORTANT BECAUSE IT DID COME UP WITH ONE OF OUR LEGISLATORS.

CHERYL MOORE: NO, I THINK THAT'S A GREAT QUESTION.

I WAS WONDERING, AND I DON'T KNOW IF YOU HAVE THE ANSWER TO THIS, HOW MANY TREES ON ANY RECENT DEVELOPMENT APPLICATIONS WOULD THE PROPOSED CHANGES AFFECT? JAKE SPECKHALS: SORRY.

CAN YOU REPEAT THE QUESTION.

CHERYL MOORE: SO HOW MANY TREES ON ANY RECENT DEVELOPMENT APPLICATIONS THAT HAVE COME FORWARD, HOW MANY TREES WOULD THAT AFFECT BASED ON THESE CHANGES THAT YOU PROPOSED? WILL WE SEE A-- SO FOR WHAT WE'RE ASKING FOR CHANGES ON THESE ORDINANCES, WHAT IS THE IMPACT.

MATT WOODS: I THINK, WE GO BACK TO THE INITIAL SLIDES THAT SHOW TOWN LAKE TERRACINA.

CHERYL MOORE: BECAUSE IF WE'RE GOING TO MAKE ANY CHANGES, WE WANT TO MAKE SURE IT'S IMPACTFUL CHANGES, AND THAT WE'RE GOING TO GET THE MOST BENEFIT OUT OF SAVING AS MANY TREES AS POSSIBLE.

WHY MAKE CHANGES IF WE'RE NOT GOING TO-- SPEAKER 2: SO YOU MEAN ON FUTURE PROJECTS.

CHERYL MOORE: YES, CORRECT.

SPEAKER 2: NOT EXISTING ONES, BUT FUTURE.

I SEE WHAT YOU'RE SAYING.

CHERYL MOORE: BECAUSE WHAT'S DONE IS DONE, RIGHT? WE CAN'T CHANGE THAT.

TOMMY DALTON: WELL, THE ONLY THING I WOULD ADD IS IN TERMS OF THE PROCESS, IF LET'S SAY, TOMORROW, COUNCIL WERE TO TAKE THIS UP AND APPROVE IT, ANY DEVELOPMENT APPLICATION ALREADY IN PROCESS WOULD NOT BE AFFECTED BY THIS ORDINANCE, IT WOULD BE THE NEXT APPLICATION THAT CAME IN AFTER THE ORDINANCE WAS ADOPTED WOULD BE EFFECTIVE.

SO I THINK WHAT JAKE TRIED TO DO WAS PROVIDE EXAMPLES OF WHAT THAT MIGHT LOOK LIKE.

LIKE DEVELOPMENTS THAT WE ALREADY HAVE THE DATA ON.

WE HAVEN'T ANALYZED CURRENT APPLICATIONS AGAINST THIS ORDINANCE YET.

CHERYL MOORE: THAT WOULD BE GOOD INFORMATION JUST TO SEE HOW-- IF WE HAVE ANY DEVELOPMENT APPLICATIONS IN PROCESS, LIKE YOU SAID, HOW THIS WOULD IMPACT THAT.

TOMMY DALTON: I WOULD CAUTION THE COUNCIL ON DOING THAT TO AN ACTIVE DEVELOPMENT APPLICATION.

THAT'S WHY WE LOOKED AT APPLICATIONS THAT HAD ALREADY COME THROUGH THE PROCESS AND HAVE BEEN SETTLED, SO YOU COULD USE IT, AND WE HAVE THE INFORMATION.

IN ORDER TO GET A LOT OF THE DATA, WE WOULD HAVE TO ASK THE APPLICANT TO PRODUCE THAT.

THAT'S OBVIOUSLY A COST TO THE DEVELOPER.

THAT'S NOT MANDATED BY THE CODE.

SO IT'S NOT SOMETHING I WOULD ENCOURAGE US TO LOOK AT.

BUT I THINK, BY LOOKING IN THE PAST, WE CAN SEE WHAT IT WOULD IMPACT IN THE FUTURE.

ALTHOUGH IT'S NOT GOING TO BE APPLES TO APPLES.

IT GIVES THE COUNCIL A SENSE OF WHAT THE CHANGES ACTUALLY REPRESENT.

SO I THINK THAT'S THE BEST CASE, WE HAVE RIGHT NOW TO ILLUSTRATE WHAT THE IMPACTS OF THIS ORDINANCE DOES.

CHERYL MOORE: SO IS THIS SOMETHING THAT WE NEED TO ACTUALLY LOWER THE SPECIMEN THRESHOLD EVEN MORE OR NO? JAKE SPECKHALS: THAT'S UP FOR DISCUSSION.

I MEAN, IT DOESN'T NECESSARILY HAVE TO BE 18 INCHES.

AFTER SO MANY WORK SESSIONS WITH THE ECC, IT WOULD NOT ACTUALLY BE LOWERING THE SPECIMEN THRESHOLD.

IT WOULD JUST BE IMPLEMENTING THAT EXTRA MITIGATION FOR THAT RANGE.

BUT IT DOESN'T NECESSARILY HAVE TO BE 18 INCHES.

IT COULD BE 19 THROUGH 21.

THAT WE DO IT.

CLARE HARRIS: SO WHAT ARE THE ADVANTAGES TO THIS VERSUS LOWERING THE SPECIMEN SIZE? JAKE SPECKHALS: THE ONLY CONCERNS, WHEN WE LOOKED AT SOME OF THESE PREVIOUS PROJECTS, AND IT WOULDN'T BE LIKE THIS FOR EVERY SINGLE PROJECT, BUT WE WERE STARTING TO SEE SO MANY SPECIMENS THAT WOULD HAVE TO COME THROUGH THE PROCESS, THAT IT WOULD HAVE THE POTENTIAL, IN SOME INSTANCES,

[00:25:01]

AND THEN ALSO, WHEN WE GO BACK TO THIS DATA, LIKE I SAID, NOT EVERY SINGLE SIDE, BUT SOME OF THESE LARGER ONES.

I MEAN, IT WOULD BE A PRETTY SUBSTANTIAL INCREASE THAT WOULD BE GOING THROUGH THE PROCESS.

100 MORE SPECIMEN TREES, WHICH IS A LOT TO LOOK AT FOR TOWN COUNCIL AND ECC.

MATT WOODS: AND I THINK THE INTENT WAS, AND ANY ECC MEMBERS CHIME IN, WAS JUST TO TRY TO STRIKE THAT BALANCE BETWEEN MITIGATION, THE PROCESS, AND JUST TRYING TO FIND A BALANCE.

AND THIS IS WHAT OVER THE YEAR PLUS TO COME UP WITH.

CHERYL MOORE: ALTON, I KNOW YOU'VE BEEN-- YOU SPEARHEADED THIS WHOLE PROGRAM, ACORNS TO OAKS, THAT WE'RE GOING TO TALK ABOUT NEXT.

BUT DO YOU HAVE ANY FEEDBACK ON THAT SPECIMEN SIZE? ALTON BOWMAN: HISTORICALLY, ENVIRONMENTALLY, THE BEST APPLICATIONS THAT COME TO US ARE THE CONSERVATION THINGS.

IF WE HAD OUR CHOICES, EVERYTHING SHOULD BE A CONSERVATION DEVELOPMENT.

THAT SHOULD BE A STRINGENT THING, BUT IT'S NOT.

IT'S MORE VOLUNTEER.

AND SO WE GET PEOPLE WHO WANT TO WORK WITH THE TREES, WHO WANT TO KEEP THEM.

AND THEN WE GET PEOPLE THAT WANT TO MAXIMIZE THEIR PROFITS, AND I THINK OVERBUILD THE SITE, WHICH I THINK IS WHAT HAPPENED TO US JUST RECENTLY.

A COMPANY WANTS 900 PARKING PLACES.

THEY'RE A GIANT, MULTIBILLION DOLLAR COMPANY, AND THEY WANT TO DO WHAT THEY WANT TO DO.

AND IT'S NOT NECESSARILY, AND USUALLY, THEY'RE NOT WORKABLE WITH US.

WE ASKED THEM, WELL, CAN YOU DO THIS? AND WE GET A NO.

NO, IT'S NOT IN OUR PLAN.

SO IT'S MOSTLY-- I THINK WE'VE LOST BETWEEN 15% AND 20% OF OUR POST OAKS SINCE 1970.

AND THAT'S A BIG LOSS.

AND I'LL GET INTO THAT LATER.

WE'RE INVITING A GENTLEMAN TO COME AND SPEAK AT OUR JANUARY MEETING, WHERE WE DO THE TREE GIVEAWAYS.

HE'S A PHD HORTICULTURALIST.

HE IS THE COUNTY AGENT FOR SMITH COUNTY, WHICH IS WHERE TYLER, TEXAS IS.

AND I WENT THERE TO HEAR HIM SPEAK.

AND HE'S BEEN DEALING WITH THE SAME THING WE'RE DEALING WITH.

THAT'S WHAT THEY CALL THE POST OAK SAVANNAH.

IT'S DIFFERENT THAN THE CROSS TIMBERS.

BUT IT'S STILL THE SAME SITUATION OF POST OAKS GROWING ON NATIVE PRAIRIES.

BUT THE TITLE OF HIS TALK IS POST MORTEM, THE DECLINE OF THE POST OAK SAVANNA IN TEXAS.

AND SO HE'S BEEN DOCUMENTING THIS DECLINE ALSO.

AND IT'S NOT JUST THE DEVELOPERS.

I MEAN, IT'S NOT JUST DEVELOPMENT OR BUILDING THAT IS CAUSING THE DECLINE.

THE DECLINE IS HAPPENING ON PROPERTIES THAT HAVE BEEN HERE FOR A LONG TIME.

OUR NEIGHBOR HAS LOST SIX POST OAKS.

AND IT'S HUMAN ACTIVITY.

AND CHANGING-- SOMEBODY WANTS A LAWN OF ST. AUGUSTINE.

THAT'S TOO MUCH WATER FOR THE POST OAKS TO SURVIVE.

CALLOWAY'S CAME IN, AND WERE JUST GREAT TO WORK WITH.

WE'RE GOING TO SAVE 12 OLD POST OAKS.

WE'RE GOING TO PUT DOWN AN PERMEABLE PAVEMENT SO THAT THE WATER CAN GO THROUGH.

SO FIVE YEARS LATER, THEY HAVE TWO LEFT BECAUSE THEY'RE WATERING THEIR PLANTS TO DO THEIR BUSINESS, AND IT'S KILLED ALL THE TREES.

SO HUMAN ACTIVITY IS RESPONSIBLE FOR A LOT OF IT.

AND WE'RE TRYING TO STRIKE A BALANCE.

[00:30:01]

AND THEY INSTITUTED A PROGRAM FOR CALIPER INCH PER CALIPER INCH REPLACEMENT.

COMPARED TO US, WHO WE'VE LOST 20%, THEY HAVE THE SAME PERCENTAGE CANOPY WHEN THEY PUT THEIR ORDINANCE IN.

IT'S CALIFORNIA.

THEY'RE TOUGHER.

AND WE HAVE TO STRIKE A BALANCE WITH THE DEVELOPMENT.

LIKE MATT SAID, IN THE BEGINNING, WE WERE COMPARING OURSELVES TO EAST TEXAS, WHERE THE RAINFALL IS A LOT MORE.

AND SO THE TREES THERE ARE A LOT BIGGER.

SO THEN NO, WE HAVE TO COMPARE APPLES TO APPLES HERE.

WE HAVE TO LOOK AT OUR LARGEST TREE, AND THEN TAKE A PERCENTAGE OF THAT.

AND WE'RE CONSTANTLY LEARNING.

THERE'S NOT A LOT OF INFORMATION ABOUT IT.

THE REASON FOR THE ACORNS TO OAKS IS TO MAKE IT SUSTAINABLE.

RIGHT NOW, WE'RE NOT SUSTAINABLE.

ALL THE TREES WE'RE CUTTING DOWN CAN'T BE REPLACED BECAUSE THEY'RE NOT THERE.

WE CAN'T BUY THEM.

CHERYL MOORE: DO YOU THINK, THEN, THAT WE SHOULD CHANGE THAT CALIPER SIZE? ALTON BOWMAN: I THINK THE CALIPER SIZE WILL-- IT'LL MAKE IT MORE DIFFICULT TO-- IT'LL MAKE IT MORE EXPENSIVE, YES, FOR THE DEVELOPERS.

AND IT'LL GO THROUGH-- CHERYL MOORE: THE WAY WE HAVE IT RIGHT NOW.

ALTON BOWMAN: IT'LL MAKE IT MORE EXPENSIVE THAN WHAT WE HAVE RIGHT NOW.

BUT WE THINK THAT FOR ONE THING, THE MITIGATION FOR TAKING OUT A POST OAK IN OUR PROPOSAL IS GOING TO BE PUT INTO THE ACORNS TO OAKS ACCOUNT SO THAT WAS PAID FOR TAKING OUT A POST OAK WILL GO TO REPLACE POST OAK.

AND I'M ABOUT TO SHOW YOU THAT THIS CAN WORK.

WE CAN DO THIS.

CHERYL MOORE: SO WHY WASN'T THIS BROUGHT DOWN TO A 16-INCH SPECIMEN SIZE INSTEAD OF AN 18-INCH WHY HASN'T THAT BEEN CHANGED TO A LOWER.

ALTON BOWMAN: BECAUSE OF THE FIGHT WITH THE STATE.

WE'RE DOING AS MUCH AS WE CAN.

LIKE COUNCILMAN SAID, WE CANNOT OVER PUSH IT.

THEY WENT DOWN-- THE DEVELOPERS WENT DOWN AS A GROUP TO AUSTIN AND THEY LOBBIED.

THEY WERE TRYING TO GET A STATEWIDE TREE ORDINANCE.

CHERYL MOORE: YEAH.

THAT'S IMPORTANT TO KNOW.

ALTON BOWMAN: I KNOW.

BUT TEXAS IS HUGE.

SO THE RAINFALL-- WHEN THE SETTLERS FIRST GOT HERE, IF YOU WERE GETTING LAND IN THIS COLONY, YOU GOT 360 ACRES, OR WHATEVER.

BUT IF YOU WERE OUT WEST, WHERE THE RAINFALL WAS LESS GOT 5,000 ACRES.

THAT'S WHY THE RANCHES ARE SO BIG OUT WEST.

AND IT'S THE RAINFALL THAT SETS THAT.

AND WE'RE PUSHING IT AS HARD AS WE CAN, AND PROTECTING-- CHERYL MOORE: SO WHAT DID LEGISLATURE SAY REGARDING LOWERING THAT SPECIMEN SIZE? ALTON BOWMAN: I WOULD IMAGINE IT WOULD BE A TOTAL DISASTER, AND THERE WOULD BE NO RESTRICTIONS.

WE HAD A HARD TIME GETTING A TREE ORDINANCE HERE.

IT TOOK SEVEN YEARS OF LOBBYING TO GET A TREE ORDINANCE.

AND THERE WAS A LOT OF OPPOSITION TOO.

CHERYL MOORE: IT'S NOT REASONABLE TO SAY WE CAN LOWER THAT, TREE SPECIMEN SIZE? JAKE SPECKHALS: WHERE IT WOULD GO THROUGH THE ENTIRE PROCESS, THROUGH ECC AND TOWN COUNCIL, TO LOWER IT ALL THE WAY DOWN TO 18.

CLARE HARRIS: WELL, COULD WE DO A BIT OF BOTH? COULD WE LOWER IT FROM 22 TO 21 OR 20, AND THEN HAVE THIS SECTION, WHERE STAFF IS DOING APPROVAL OF A CERTAIN NUMBER RANGE.

COULD WE HAVE A BIT OF BOTH? JAKE SPECKHALS: FOR EXAMPLE, POTENTIALLY LOWER IT DOWN TO 20 OR 21 FOR THE SPECIMEN PROCESS, AND THEN JUST KEEP ON, AND THEN MOVE FORWARD WITH TWO THE MITIGATION FOR 20.

THAT'S AN OPTION AS WELL.

CLARE HARRIS: BECAUSE I WOULD THINK WE'D WANT TO LOWER THAT.

JAKE SPECKHALS: I THINK IT WENT THROUGH-- THERE WAS A WORK SESSION A LONG TIME AGO, WHERE IT WENT THROUGH, I THINK-- THEY DISCUSSED LOWERING IT ALL THE WAY DOWN TO-- CHERYL MOORE: HEY.

HOLD ON JUST A SECOND.

WE'RE STILL GETTING FEEDBACK BACK HERE ON THE MICS.

[00:35:07]

I DON'T KNOW IF THEY CAN FIX ANYTHING.

SORRY ABOUT THAT.

JAKE SPECKHALS: I KNOW THE PREVIOUS WORK SESSIONS, IF YOU-- MATT WOODS: YEAH.

I MEAN, CERTAINLY, YOU CAN COME UP WITH DIFFERENT OPTIONS, WHETHER IT'S A SPECIMEN TREE REMOVAL PERMIT AS WE PROCESS THEM NOW OR IT GOES THROUGH ECC FOR RECOMMENDATION TO COUNCIL, LOWERING THAT NUMBER AND THEN LOWERING THE MITIGATION NUMBER A LITTLE LOWER.

CERTAINLY, YOU COULD-- IT'S JUST TRYING TO FIND THAT BALANCE, WHERE WE'RE NOT PUSHING TOO MUCH.

LIKE VICE CHAIR BOWMAN SAID, THERE'S NOT A MAGIC NUMBER WE CAN COME UP WITH.

BUT DOING THE EVALUATION, LIKE JAKE DID ON PRIOR PROJECTS, AND SEEING THAT INCREASE OVER TIME, AND WHAT NUMBER ARE YOU GOING TO GET TO, WHERE THEN THE SITE HAS 75% OF THE SITE HAS POST OAKS THAT HAVE TO GO THROUGH A PROCESS, THAT'S JUST SOMETHING WE WERE TRYING TO CONSIDER THROUGHOUT THE REVIEW.

CHERYL MOORE: COULD WE LOOK AT THAT AND JUST SEE HOW MANY POSSIBLE ESTIMATE COULD THAT POSSIBLY HELP US SAVE MORE TREES IF WE LOWERED THAT? JAKE SPECKHALS: I HAVE ONE PIECE-- MATT WOODS: IT IS A BALANCE BETWEEN SAVING VERSUS MITIGATION.

CHERYL MOORE: CORRECT.

YES.

WHAT IS THAT BALANCE? MATT WOODS: WHERE THEY COULD STILL DEVELOP THE PROPERTY, BUT THEN THE MITIGATION [INAUDIBLE] CHERYL MOORE: EXACTLY.

IT'S LIKE I JUST LOVE TO KNOW THAT BALANCE, AND HOW CAN WE GET THAT INFORMATION.

JUST BECAUSE THERE IS ALWAYS THAT DISPUTE IN THE COMMUNITY BETWEEN PRESERVATION AND DEVELOPMENT, AND YOU WANT TO HAVE THAT FINE BALANCE.

BECAUSE WE DO WANT PRESERVATION, BUT WE DO WANT THE DEVELOPMENT.

HOW CAN WE BALANCE THAT? AND DOES THAT-- BY LOWERING THAT SPECIMEN SIZE, WILL THAT HELP US, BUT NOT CAUSE DISRUPTION OF SOME DEVELOPMENTS THAT WE DO WANT? AND IS THERE A WAY TO HAVE ALTERNATE DEVELOPMENT PLANS THAT CAN-- BECAUSE THEY COME FORWARD-- THESE DEVELOPERS COME FORWARD WITH DEVELOPMENT-- AND THIS MIGHT GO ON OUR THIRD ITEM.

THEY COME FORWARD WITH ONE PLAN.

CAN WE REQUEST ANOTHER DEVELOPMENT PLAN IF THERE'S SIGNIFICANT TREE LOSS THAT THEY'RE PROPOSING? SO THAT WE'RE NOT SAYING COME BACK, WE HAVE TO TABLE THIS UNTIL YOU COME BACK FOR ANOTHER PLAN.

CAN WE DO THAT? OR IS THAT SOMETHING WE NEED TO TALK ABOUT IN ITEM 3? TOMMY DALTON: I'LL JUST SAY THAT WE'RE NOT-- IT'LL BE DIFFICULT TO REQUIRE AN APPLICANT TO PRODUCE TWO PLANS.

BECAUSE THEY WOULD NEED TO KNOW THE FEEDBACK GOING THROUGH THE PROCESS, WHAT THE STICKING POINTS ARE.

SO I THINK THE PROCESS THAT'S SET UP WORKS.

IF THEY COME THROUGH THE PROCESS AND ECC MAKES A RECOMMENDATION TO APPROVE SOME, DENY SOME, THEY GO BACK TO WORKING WITH MATT'S GROUP, OUR PLANNING GROUP, OUR ENGINEERING GROUP, TO FIGURE OUT, OK, WHAT CAN WE DO TO MASSAGE THE DESIGN LAYOUT AT A COST TO THEM, AND MAYBE A LOSS OF A BUILDING, OR A LOSS OF PARKING OR A LOSS OF SOMETHING.

AND THEY COME TO A SOLUTION THAT THEY CAN LIVE WITH FINANCIALLY FOR THE DEVELOPMENT PROJECT, AND THEN PUSH FORWARD TO THROUGH COUNCIL, THEN COUNCIL WAYS TO BALANCE THAT OF THE RECOMMENDATION FROM ALL THE PRIOR BOARDS THAT THE DEVELOPMENT WENT TO VERSUS WHERE THE PROJECT IS CURRENTLY AT.

AND I THINK MATT WAS SAYING, AND WHAT I'M REALLY HEARING IS WE'RE TALKING ABOUT TWO NUMBERS.

WE HAVE THE SPECIMEN TREE PERMIT NUMBER, WHICH IS-- I FORGET THE NUMBER, SORRY.

JAKE SPECKHALS: 22 INCHES.

MATT WOODS: 22 INCHES.

SO IF YOU'RE 22 OR GREATER, YOU HAVE TO COME THROUGH THAT PROCESS TO COUNCIL.

IT'S A DISCRETIONARY APPROVAL FROM COUNCIL TO REMOVE THE PERMIT.

AND CURRENT COUNCIL, AND COUNCILS IN THE PAST, HAVE APPROVED SOME AND THEY'VE DENIED SOME WHICH HAVE MADE DEVELOPERS GO BACK TO THE TABLE AND RETHINK THEIR PLAN.

WE LOWER THAT NUMBER.

NOW YOU'VE MADE IT MORE DIFFICULT TO BUILD A SITE.

AND TO ECHO ALTON'S COMMENTS.

I DON'T KNOW WHAT THE TIPPING POINT IS FOR THE STATE, BECAUSE WE ALL KNOW THAT DEVELOPERS TALK, AND THE STATE IS TALKING ABOUT AFFORDABILITY AND PROCESSES WITHIN CITIES AND TOWNS.

AND SO I THINK WE NEED TO BE COGNIZANT OF THAT.

AND IT SOUNDS LIKE WHAT WE'RE TRYING TO STRIKE A BALANCE OF IS WHAT'S THAT NUMBER THAT DOESN'T CREATE SO MUCH PAIN TO DEVELOP THE PROPERTY, BUT WE'RE ALSO CREATING ANOTHER LAYER FOR A CERTAIN NUMBER OF SPECIMEN TREE SIZES THAT CAN HELP FUND SOME PROGRAMS WE WANT TO UNDERTAKE FROM THE POST OAK, WHETHER IT'S DEVELOPING ACORNS TO POST OAK PROGRAM, OR OTHERWISE CREATING OPPORTUNITIES TO DO MORE PUBLIC PLANTING.

SO I THINK WHAT I'VE HEARD FROM THE WORK THAT THE ECC HAS DONE, AND STAFF HAS DONE, IS TRYING TO CREATE THAT BALANCE AND SPLIT IT.

SO WE'RE STILL BEING MINDFUL OF SHOWING AND SHOWCASING WHAT THE IMPORTANT TO THE TOWN AND RELATIVE TO THE POST OAKS, BUT ALSO TRYING TO CREATE THIS FUNDING MECHANISM TO EXPAND AND CREATE A NEW PROGRAM.

AND SO THAT'S THE CRUX OF THE CONVERSATION

[00:40:03]

AND I JUST THINK COUNCIL NEEDS TO BE MINDFUL TO LOWER THAT NUMBER GOES, THE HIGHER THE PAIN THRESHOLD THAT INCREASES FOR DEVELOPMENT, THE MORE VOICES ARE GOING TO BE IN AUSTIN TALKING ABOUT THE TOWN'S PROCESSES.

CHERYL MOORE: YEAH.

ADAM SCHIESTEL: AND IN THE SLIDE YOU HAD, JAKE, ABOUT HOW MANY TREES WOULD BE PULLED IN FOR THOSE PROJECTS, TOWN LAKE.

IF WE WENT DOWN TO, I THINK IT WAS 18 FOR SPECIMEN TREES, IT WAS LIKE AN EXTRA 100 OR SOMETHING TREES WOULD SHOW UP ON THE REMOVAL PERMIT, WHICH WOULD BE A LOT FOR THE ECC TO DEAL WITH.

AND I DO THINK THAT WHEN IT COMES TO PRESERVATION, I REALLY DO WANT TO FOCUS.

THE LARGER THE TREE, THE MORE I WANT TO TRY TO PRESERVE IT.

AND THE SMALLER THE TREE, THEN THE MORE OPEN I AM TO MITIGATION, ESPECIALLY WHEN IT FUNDS A VERY WORTHY PROGRAM.

SO YEAH, THERE'S SOME DIMINISHING RETURNS AS YOU START TO SHRINK IT DOWN TOO MUCH.

BUT THE BIG ONES ARE THE ONES WHERE I REALLY WANT TO PUT OUR EFFORTS IN PRESERVING.

ELAINE TAKACS: JAKE, A WHILE BACK YOU HAD A SLIDE WHERE YOU COMPARED THE POST OAK REQUIREMENTS FOR OTHER CITIES.

AND CAN YOU SPEAK TO THAT A LITTLE BIT? BECAUSE CLARE, YOU WERE SAYING, OH, WHY NOT JUST LOWER IT EVEN MORE, AND THE 6 INCH THRESHOLD FOR OTHER TREES.

SO CAN YOU SPEAK TO THAT, JAKE? DO YOU REMEMBER THAT TABLE THAT YOU PUT FORTH? JAKE SPECKHALS: I REMEMBER US TALKING ABOUT THAT.

AND I THINK WHEN WE LOOKED AT IT A LITTLE BIT WAS FORT WORTH.

BUT AS WE STARTED TO EXPLORE SO MANY DIFFERENT CITIES, AND ALL THEIR DATA, THE WAY THAT THEY MITIGATED, IT JUST WASN'T COMPARING APPLES TO APPLES.

BUT WE DID END UP WITH THE CONCLUSION THAT WE HAD A VERY STRONG AND EFFECTIVE TREE ORDINANCE COMPARED TO SOME TOWNS AND CITIES.

BUT I CAN TRY TO SEE WHAT THE POST OAKS WERE.

ELAINE TAKACS: BECAUSE THERE WAS ONE TOWN WHO DECIDED THAT ANY POST OAK HAD SPECIAL STATUS ACCORDING TO THEIR ORDINANCES.

WHICH I THOUGHT WAS SURPRISING ALONG YOUR LINE THAT YOU WERE THINKING MAYBE, CLARE.

AND THEN THERE WAS QUITE A LOT OF OTHERS THAT THE DATA DIDN'T NECESSARILY CORRELATE, BUT YOU HAD DENTON AND FORT WORTH, AND YOU HAD ABOUT SIX OTHERS.

SO I THOUGHT THAT WAS PRETTY INTERESTING.

THERE WAS ALSO ONE OTHER THING THAT I WANTED TO HAVE PEOPLE KEEP IN MIND.

IN FLOWER MOUND, I'VE HEARD FROM OTHER DEVELOPERS AND ELECTRICIANS, AND WHATNOT, WHO SAY, GETTING SOMETHING THROUGH IN FLOWER MOUND IS REALLY DIFFICULT.

AND THERE'S SO MANY EXTRA THINGS THAT THEY HAVE TO DO.

AND IT CAN BE BURDENSOME.

ON THE FLIP SIDE, THEY ARE HAPPY TO DO ALL OF THOSE EXTRA THINGS THAT OUR TOWN RECOMMENDS AND GIVES PREFERENCE FOR BECAUSE THEY WANT TO HAVE THEIR BUSINESS OPEN HERE.

THEY WANT THEIR DEVELOPMENT TO BE HERE.

I WOULD WANT TO DISCUSS LOWERING THAT THRESHOLD ACCORDINGLY.

CHERYL MOORE: OK.

WHAT'S THAT? WHAT? CHRIS? NO, WE HAVEN'T HEARD FROM CHRIS.

YEAH.

CHRIS, DO YOU HAVE ANY COMMENT? LET'S SEE.

ADAM SCHIESTEL: HE MIGHT BE MUTED.

CLARE HARRIS: HE'S TRYING.

CHERYL MOORE: SO, COUNSEL, IS THAT SOMETHING WE WANT TO LOOK AT? ADAM SCHIESTEL: WELL, I MEAN, I THINK I'M PRETTY COMFORTABLE WITH THE CURRENT.

WHAT'S BEING PROPOSED TODAY, I WOULD SUPPORT MOVING FORWARD.

AGAIN, NOT TO DISCOUNT ANYTHING ANYBODY'S SAYING, BUT THERE IS-- I'M A LITTLE SENSITIVE TO THE LEGISLATIVE IMPACT.

OVERPLAYING OUR HAND, SO TO SPEAK.

AND THE FACT THAT THIS CAPTURES A FUNDING SOURCE FOR ACORN FOLKS SEEMS VERY WORTHY TO ME.

SO I WOULD BE OK WITH MOVING FORWARD AS IS.

DOESN'T MEAN THAT WE CAN'T CONTINUE TO SEE WHERE WE CAN FIND MORE OPPORTUNITY.

CHERYL MOORE: CLARE.

CLARE.

CLARE HARRIS: I DON'T DISAGREE.

I WOULD LIKE TO LOWER THE SPECIMEN SIZE.

AND I DO UNDERSTAND THE PRESSURES FROM THE STATE, BUT I ALSO THINK WE'RE IN A LITTLE BIT DIFFERENT PLACE, THAT THERE'S MORE PRESSURE ON PRESERVATION RIGHT NOW THAN THERE WAS SOME YEARS AGO.

AND I THINK EVERYBODY IS LOOKING AT CONSERVATION AND TREES, AND THINGS THAT THEY CAN DO TO MITIGATE OTHER THINGS.

SO I THINK WE MAY BE IN A LITTLE BIT BETTER OF A SPOT.

[00:45:05]

BUT I DO WANT TO SAVE MORE SPECIMEN TREES.

DO WANT TO SAVE MORE POST OAKS, NOT JUST THE SPECIMENS.

CHERYL MOORE: I'M SORRY.

JANVIER WERNER: NO.

GO AHEAD.

CHERYL MOORE: SO WE'RE NOT MAKING ANY ACTIONS TONIGHT.

SO IT'S A WORK SESSION.

SO IS IT JUST SOMETHING WE CAN LOOK AT TO SEE WHAT WE CAN CONSIDER ON THAT.

ALAN FULLBRIGHT: I MEAN, WE WOULD REALLY LIKE TO SAVE EVERY SINGLE TREE THAT'S GROWING OUT THERE.

LIKE, WE DON'T JUST WANT TO SAVE POST OAKS, EVEN THOUGH THAT'S THE MOST IMPORTANT THING THAT'S OUT THERE.

WE LIKE TO SAVE EVERY SINGLE ONE OF THOSE.

WE WOULD.

WE KNOW THAT WE HAVE TO BE REASONABLE ABOUT IT.

BUT WE ALSO KNOW THAT THERE'S BEEN SO MUCH DEVELOPMENT IN FLOWER MOUND OVER THE PAST 10 YEARS, THAT THERE'S NOT AS MUCH LAND TO EVEN START TALKING ABOUT DEVELOPMENT ON.

THERE'S NOT THAT MANY TREES OUT THERE.

THE THINGS THAT WE HAVE DEVELOPED, WHERE THEY ARE SAVING TREES, THEY'VE ELIMINATED THE ABILITY FOR ANY TREES TO REPLANT THEMSELVES.

THAT'S WHAT GOING WITH THE ACORNS TO OAKS IS TRY TO REPLENISH THAT.

SO EVEN THOUGH WE SAVE THE BIG TREES, THAT DOESN'T MEAN WE'RE GETTING ANY MORE TREES.

THERE'S NO GROWTH.

WE'RE LOSING SO MUCH ECOSYSTEM.

NOT ALONG WITH JUST THE TREES.

SO THAT'S IMPORTANT THING FOR US TO JUST SAY OUT LOUD AS WE'RE TALKING ABOUT WHAT WE'RE MITIGATING AND WHAT WE'RE NOT IS.

AND TO CLARE'S POINT, IT'S MORE THAN JUST-- THERE'S A LOT MORE PRESSURE, ENVIRONMENTAL CONSERVATION THAN THERE WAS THEN TOO.

CHERYL MOORE: THANK YOU.

THANK YOU.

ECC, DO YOU ALL HAVE ANY OTHER COMMENTS BEFORE I OPEN THIS TO PUBLIC COMMENT? ELAINE TAKACS: I HAVE ONE THING TO ADD.

I THINK THAT WHAT YOU WERE SAYING WAS VERY TRUE IN THE SENSE OF I THINK PART OF THE REASON WHY PEOPLE WANT TO MOVE TO FLOWER MOUND IS, YES, WE HAVE LOW CRIME AND WE HAVE EXCELLENT SCHOOLS, AND WE HAVE A GREAT LOCATION AND MANY FACTORS, BUT WE ALSO HAVE THINGS THAT OTHER TOWNS DON'T HAVE SUCH AS NATURAL BEAUTY.

AND WHY DO WE HAVE IT? BECAUSE WE CHOOSE TO PRESERVE IT.

AND THAT GROWS, AND IT BECOMES ATTRACTIVE FOR PEOPLE.

THE POST OAKS, I CAN GIVE YOU A LITTLE BACKGROUND ON THE REASON WHY THEY ARE SO IMPORTANT IS, YES, THERE'S LESS OF THEM.

BUT ALSO, ACCORDING TO A UNT STUDY, WHEN IN COMPARISON TO LIVE OAK TREES, THE POST OAK TREE GIVES OFF ABOUT TWICE AS MUCH OXYGEN AS A LIVE OAK TREE.

WHICH IS HUGE.

IT ALSO CAPTURES ABOUT TWICE AS MUCH CARBON IN THE SOIL, AND LOCKS IT THERE.

SO IT DOESN'T GO INTO THE WATER, WHICH IS HUGE.

AND IT DOES ALL THIS NATURALLY.

AND IT SURVIVES VERY TOUGH CONDITIONS.

ONE REASON IS IT DOESN'T NEED MUCH WATER.

ITS WOOD IS VERY HARD.

IT GROWS VERY SLOWLY.

BUT PART OF THE REASON WHY WE WANT TO PRESERVE THEM AS WELL IS BECAUSE THEY'RE SO SENSITIVE.

SENSITIVE TO WHAT? THEY'RE SENSITIVE THEY'RE VERY FINE FEELER ROOTS THAT DON'T JUST GO IN THE DRIP LINE OF THE TREE, LIKE A LOT OF TREES.

IT CAN EXTEND THREE TIMES OR FIVE TIMES THE DRIP LINE.

AND SO IF YOU HAVE CONSTRUCTION, AND YOU'RE IN THAT SPAN OF AREA, WHICH IS MUCH LARGER THAN IT IMPACTS THE TREE.

AND SO THAT'S, I THINK, ONE PART THAT MAYBE PEOPLE DON'T QUITE UNDERSTAND, IT'S LIKE, WELL, WHY ARE THEY SO SENSITIVE IF THEY'RE SO TOUGH? IT'S JUST THEM TRYING TO SURVIVE.

AND SO WHEN YOU PARK THE CARS ON IT AND PUT THE MULCH ON IT AND EVERYTHING, IT DOES IMPACT IT.

SO THAT'S JUST A LITTLE BACKGROUND.

BUT THEY ARE MORE VALUABLE IN TANGIBLE THINGS.

THEY GIVE OFF MORE OXYGEN. THEY HELP OUR WATER TO BE CLEANER.

AND THAT'S JUST A CHOICE THAT WE CAN MAKE TO SAVE THEM OR NOT.

CHERYL MOORE: THAT'S GREAT INFORMATION, ACTUALLY.

LAURA SPURLOCK: JUST SOMETHING I WANTED TO ADD.

I'VE BEEN ON THE BOARD NOW FOR SEVERAL YEARS, AND ALTON CAN PROBABLY SPEAK TO THIS MORE AT LENGTH THAN WHAT I CAN.

BUT I THINK RIGHT NOW, THE ORDINANCE WOULD BE LIKE CUTTING OFF THE VERY TOP OF A MOUNTAIN.

SO WHEN THE ORDINANCE WAS ORIGINALLY MADE WITH THE 66 CALIBER INCH TREE, THAT WAS GOING TO BE WHERE THE SOIL AND THE RAINFALL,

[00:50:02]

WE DON'T HAVE THAT HERE.

VERY FEW TIMES I'VE SEEN TREES IN THE 30-INCH RANGE AND GREATER.

SO WE'RE NOT NORMALLY SEEING THAT, BUT WE ARE CAPTURING A LOT IN THE 20 RANGE.

SO I GUESS THE VISUAL IS RIGHT NOW, THE ORDINANCE IS CATCHING A VERY LITTLE BIT BASED ON FLOWER MOUND.

SO ON FLOWER MOUND, IF WE WERE TO LOWER IT, WE'RE GETTING A LITTLE BIT MORE THAT'S MORE SPECIFIC TO THIS LOCATION.

AND I THINK THEN THE TREE ORDINANCE WOULD WORK A LITTLE BIT BETTER, SPECIFICALLY TO THE POST OAK.

OUR CAPTURE RATE IS SMALL WHEN YOU LOOK AT IT.

AND ALTON CAN EMBELLISH, BUT THERE'S BEEN, I MEAN, FEW TIMES I'VE SEEN THE 30-INCH ONES.

AND THOSE ARE GUT WRENCHING WHEN THEY FALL IN AN EASEMENT OR THEY'RE NOT EVEN SUBJECT TO THE MITIGATION OR THE PROTECTION.

AND THEN OFTENTIMES, THE POCKETS ARE DEEP ENOUGH THAT IT DOESN'T MATTER TO THEM.

AND SO THEY'LL TELL YOU THROUGH AND THROUGH, WE'VE WORKED THESE PLANS.

WE'VE DONE THE BEST WE COULD, BUT THAT'S A SORROWFUL LOSS.

SO I JUST WANTED TO PIGGYBACK ON WHAT EVERYBODY ELSE IS SAYING, BUT TO ALSO JUST ILLUMINATE, IF I COULD, THAT WE'RE CAPTURING THE VERY TIP OF THE POTENTIAL OF WHAT WE COULD BE SAVING.

SO IT MAY LOOK LIKE, OH, WELL, YOU HAVE ALL THE WAY UP TO 66 INCHES, BUT WE DON'T SEE THAT HERE.

WE'RE SEEING THINGS IN THE 20S ROUTINELY.

AND THAT'S HARD.

THAT'S GREAT BECAUSE IT'S SUBJECT TO THE MITIGATION.

BUT A LOT OF IT IS FALLING IN THAT 18 AND 19-INCH RANGE, WHERE OUR CAPTURE RATE COULD JUST BE THAT MUCH BETTER.

JANVIER WERNER: SO YOU'RE MAKING A CASE FOR LOWERING IT.

LAURA SPURLOCK: YES.

JANVIER WERNER: OK.

THANK YOU.

I LIKE THAT.

CHERYL MOORE: SO IF THERE'S NO OTHER COMMENTS, I'M GOING TO OPEN IT TO PUBLIC COMMENT, UNLESS THERE'S ANY OTHER COMMENTARY ANYONE WANTS TO MAKE.

JAKE, I'M ASSUMING YOU'RE FINISHED WITH THAT.

JAKE SPECKHALS: I'M DONE.

CHERYL MOORE: OK.

THAT WAS A GOOD PRESENTATION.

JAKE SPECKHALS: THANKS, CHERYL MOORE: OK.

SO I'M GOING TO GO AHEAD AND OPEN THIS TO PUBLIC COMMENT.

DIDN'T WE HAVE A PUBLIC COMMENT CARD? TRACI.

THANK YOU.

OK.

WE HAVE SWEETIE BOWMAN.

YOU HAVE THREE MINUTES TO SPEAK ON THIS ITEM.

SWEETIE BOWMAN: IT'S NOT ENOUGH TIME.

THANK YOU.

THANK YOU FOR HAVING THIS MEETING.

AND IT'S VERY TIMELY.

IT'S ON ALL OF OUR HEARTS.

CHERYL MOORE: AND JUST SAY YOUR NAME AGAIN, AND WHERE YOU'RE FROM.

SWEETIE BOWMAN: SWEETIE BOWMAN FROM FLOWER MOUND.

I LIKE THE ILLUMINATION AROUND THE LOWERING THE CALIPER RATE FOR SAVING MORE TREES.

I'M VERY THANKFUL THAT THE RESEARCH IS BEING DONE ON THIS TO ALL OF THOSE PEOPLE, ON THESE COMMISSIONS TO DO THE RESEARCH AND FIND OUT THE COMPARATIVE ANALYSIS OF WHAT WE HAVE AND WHAT WE DID HAVE.

AT MY HOUSE, ON THE EAST SIDE, WHEN I MOVED THERE, THERE WERE TWO TREES, THIS BIG AROUND.

THEY WERE OAK TREES.

AND NOW, THEY'RE THIS BIG AROUND.

AND THAT'S OVER 50 YEARS OF GROWTH.

SO SAVING THE LOWER CALIBER TREE IS SAVING A TREE IN THE FUTURE.

THESE TREES DO GROW REALLY SLOWLY.

AND I KEEP TRYING TO REMEMBER THIS WORD, KEYSTONE, FOR THE HABITAT OF THE OWLS, OF ALL THE BIRDS, THE WOODPECKERS THAT DRILL THE HOLES FOR THE HOUSES, FOR THE OWLS TO LIVE IN, THE INSECTS THAT THE OTHER BIRDS HIDE THEIR INSECTS IN SO THEY CAN EAT THEM LATER.

PEOPLE DON'T LIKE THE SQUIRRELS LIVING IN THE OAK TREES.

THEY PUT THEM AT THE BOTTOM OF THE LIST WITH OTHER RODENTS, BUT THEY'RE PLANTING.

THEY'RE FARMERS.

I DON'T THINK THEY REMEMBER WHERE THEY PUT ALL THOSE NUTS.

SUPPOSEDLY, SCIENTIFICALLY, THEY DO REMEMBER, BUT THEY LEAVE A LOT OF THEM OUT THERE.

AND IN THE BUMPER CROP WE HAD IN THE LAST YEAR, WE HAD FOOD FOR THE DEER, WHICH ARE REALLY PREVALENT WHERE WE LIVE.

AND THEY'RE PREDATORS THAT WILL TAKE CARE OF THE SMALL RODENTS, AND BIRDS, ALL KINDS OF BIRDS OUT THERE, IF WE DON'T POISON THEM BY FEEDING POISON TO THE RODENTS.

BUT THE TREES, OAK TREES, HAVE FAMILY.

THEIR FAMILY TREES.

THE ONES AT CALLOWAY'S THAT HAVE DIED, THERE'S ONE TREE LEFT.

[00:55:02]

AND IT COULD BE FROM A LOT OF THINGS.

BUT I WAS THERE JUST TWO DAYS AGO, AND I WAS ASTONISHED THEY WERE WATERING THAT TREE.

AND I SAID, YOU'VE GOT TO STOP.

AND THEY SAID, TALK TO CORPORATE.

WELL, I DON'T HAVE THAT GUY'S PHONE NUMBER, BUT I WOULD TALK TO HIM IF I COULD HAVE IT.

I WOULD TELL HIM THAT THAT'S THE ONLY TREE LEFT AND IT MISSES ITS FAMILY.

THEY WORK TOGETHER.

THOSE TREES DO.

ONE THING WE COULD DO IS ATTACK IT FROM A DIFFERENT ANGLE, OR OFFER AN OPPOSITE OPPORTUNITY FOR THE DEVELOPERS WHO ARE BUILDING LEVITTOWN STYLE BULLDOZE, CLEAR, BURN, REMOVE.

IT'S AS CHEAPER TO BUILD THAT WAY.

BUT A LOT OF HOUSES THAT-- THE BUILDER COULD BE TOLD HERE THAT YOU CAN'T CLEARCUT AND BUILD, AND THAT THE HOUSES NEED TO CONFORM TO THE LAND THERE IS IN THE TREES THERE ARE.

AND IT WOULDN'T BE ABOUT THE TREES, BUT IT WOULD BE ABOUT THE TREES.

JUST A SUGGESTION.

CHERYL MOORE: THANK YOU.

THANK YOU, SWEETIE.

DO WE HAVE ANYONE ELSE WHO WANTS TO MAKE PUBLIC COMMENT AT THIS TIME? CARINA VANLAET: MAY I? MAY I? CHERYL MOORE: YES.

CARINA VANLAET: MAY I? THANK YOU.

CARINA VANLAET.

I LIVE IN FLOWER MOUND 75028 GLEN ESTATE.

AND I'M GLAD TO TALK.

I'M ON THE BOARD OF ANIMAL SERVICES, AND I WORK ON A PROJECT FOR HOO-HOOS IS IN THE HOOD AND OWL IS IN THE HOOD.

SO YES, TONIGHT I CAME HERE TO EDUCATE MYSELF ABOUT THIS, THE TREES.

BECAUSE I THINK OUR ANIMALS NEED NATURE, NEED TREES.

CHERYL MOORE: HOLD ON, CARINA.

IS SOMEBODY GOING TO START THE CLOCK? BECAUSE I KNOW CARINA LIKES TO TALK.

CARINA VANLAET: YEAH, I CAN TALK, BUT I HAVE MY PAPER.

I HAVE MY PAPER.

CHERYL MOORE: NO PUN INTENDED.

CARINA VANLAET: SO I'M EDUCATING MYSELF BY LISTENING TO THIS WARD SESSION TONIGHT ABOUT THE TREE ORDINANCE WITH ECC.

SO I WOULD LIKE TO COLLABORATE WITH SEVERAL BOARDS AND COMMISSIONS IN FUTURE MONTHS.

SO BECAUSE WE'RE ALL A UNITY AND A GROUP OF VOLUNTEERS WHO COULD WORK IN OUR TOWN OF TREES.

BECAUSE SPECIFICALLY, FLOWER MOUND IS A TOWN OF TREES, COMPARED TO LEWISVILLE MAIN STREET, THERE IS AN AUTHENTICITY IN MAIN STREET.

GRAPEVINE MAIN STREET HAS SOME CHARM.

AND SALT LAKE HAS SOME CHIC.

SO I LIKE FLOWER MOUND BEING WITH GREEN TREES.

I WOULD LIKE TO ADVOCATE FOR MY EASTERN SCREECH OWL THAT I'VE BEEN WORKING ON FOR NINE MONTHS, ENHANCING FOR NATURAL RODENT CONTROL AND SUPPORTING OUR BIODIVERSITY IN OUR SUBURBIA, WITH? THE POST OAK TREE AS THE KEYSTONE FOR THE HABITAT FOR THAT BIRD.

ADOPT A DOG.

ADOPT A CAT.

CREATE INFORMATION AND ADOPT ALSO AN OWL HOUSE AT OUR EXHIBIT CENTER AT THE ANIMAL ADOPTION CENTER.

KEEP OUR HABITAT OF POST OAK TREES FOR THE OWLS, FOR THE EASTERN SCREECH OWL.

BECAUSE WILDLIFE IS VERY IMPORTANT.

WE NEED THE BEES.

WE NEED THE BIRDS.

WE NEED THE BUTTERFLIES.

WE NEED THE BATS.

WE NEED THE OWLS IN OUR SUBURBIA.

THANK YOU FOR LISTENING TO ME.

I'M DONE.

CHERYL MOORE: THANK YOU, CARINA.

ALL RIGHT.

I DON'T THINK WE HAVE ANYBODY ELSE OUT HERE.

ANYBODY WANT TO MAKE PUBLIC COMMENT.

I DON'T THINK WE HAVE ANYBODY ELSE.

OK.

ELAINE TAKACS: I DO HAVE ONE MORE COMMENT.

ALTON, MAYBE YOU CAN SPEAK TO A KEYSTONE SPECIES FOR THE POST OAK.

WHAT DOES THAT MEAN, EXACTLY? ALTON BOWMAN: THE KEYSTONE SPECIES IN ANY ECOSYSTEM IS THE MOST IMPORTANT ONE THAT ALL OF THE OTHER SPECIES ARE DEPENDENT ON.

AND THAT'S THE CASE WITH THE POST OAKS.

THE POST OAKS SUPPORTS 500 DIFFERENT SPECIES OF BUTTERFLIES AND MOTHS THAT PROVIDE THE CATERPILLARS, THAT PROVIDE THE FOOD FOR THE SONGBIRD NESTS FOR THE YOUNG.

MOST OF THE ANIMAL LIFE AND THE BIRD LIFE IS COMPLETELY DEPENDENT ON THE POST OAKS, NOT NECESSARILY.

I MEAN, ALL OF THE AGGREGATE OF OUR EASTERN CROSS TIMBERS.

BUT THE DEER, THE WILD TURKEYS, BLUE JAYS, ONLY DIET THEY HAVE IS ACORNS.

[01:00:04]

AND I'M ABOUT TO SHOW YOU THOSE THINGS AND WHY.

THERE'S A REALLY GOOD BOOK THAT DESCRIBES THAT.

AND I HOPE YOU'LL BE ABLE TO COME TO THE TALK IN JANUARY.

WE HAVE THE A SCIENTIST.

OK.

I'M NOT A SCIENTIST, BUT I DO READ AS MUCH AS I CAN ABOUT THE SITUATION.

AND I BASE EVERYTHING THAT I'M DOING ON THE SCIENTIFIC STUDIES.

AND THEY ALL SAY HOW IMPORTANT THE POST OAKS IN OUR ECOSYSTEM.

AND WE'RE MAKING PROGRESS ON FIGURING OUT HOW TO REPLACE THEM.

I DON'T SEE THAT ANYWHERE.

NO ONE IS DOING THAT YET.

AND HOPEFULLY, WE WILL BE SUCCESSFUL, AND SHARE THAT INFORMATION WITH ALL THE OTHER CITIES THAT LIVE WITHIN THIS CROSS TIMBERS REGION.

IT'S PRETTY EXTENSIVE.

CHERYL MOORE: WELL, I THINK YOUR INPUT IS VERY IMPORTANT.

YOU BROUGHT A GREAT PERSPECTIVE ON POST OAKS SINCE INITIATING, SPEARHEADING THIS PROGRAM IN, WHAT, 2012? SO WE DO APPRECIATE YOUR FEEDBACK.

ALTON BOWMAN: IF YOU HAVE A FEW MINUTES, I HAVE ONE LOADED IN TO-- CHERYL MOORE: YEAH.

ARE YOU GOING TO DO THAT DURING THE OAKS TO ACORN? ALTON BOWMAN: YES.

CHERYL MOORE: OK.

ALTON BOWMAN: JUST TO CATCH YOU UP ON THE PROGRESS OF THAT FIVE YEAR PLAN THAT WE'VE BEEN WORKING ON IT FOR FIVE YEARS.

CHERYL MOORE: OK OK.

YEAH.

WE'LL SEE THAT IN JUST A FEW MINUTES THEN.

OK.

SO IS THERE ANY OTHER ACTION YOU ALL WANT TO TAKE.

MATT WOODS: IF I COULD ASK.

OH, I'M SORRY.

CHERYL MOORE: NO, YOU GO AHEAD.

MATT WOODS: I WAS JUST-- FOR STAFF IN ECC, MOVING FORWARD, WE'VE HEARD SOME DIFFERENT DIRECTION TONIGHT AS FAR AS ACTUALLY LOWERING THE SPECIMEN SIZE, SPECIFICALLY, WHICH WOULD INITIATE THE PROCESS TO GO THROUGH ECC AND COUNCIL AT A LOWER LEVEL, OR CONTINUE AS IS WITH JUST THE RECOMMENDATION FOR 18 TO 21 GETTING THAT SPECIMEN MITIGATION.

SO MOVING FORWARD, IF WE NEED TO RESEARCH MORE PROJECTS, WE'RE HAPPY TO DO THAT, AND BRING THAT TO ECC.

CHERYL MOORE: I MEAN, IT SOUNDS LIKE THERE WAS QUITE A BIG CONSENSUS, MOSTLY THAT WE WANTED TO EVALUATE, LOOKING AT THE POSSIBILITY OF LOWERING IT.

ADAM SCHIESTEL: I AGREE, BUT I DON'T WANT TO HOLD UP THIS.

I WOULD LIKE TO APPROVE THIS AS IS, AND THEN ALSO DO THAT AS A FOLLOW UP.

I JUST WANT TO GET THIS ON THE BOOKS AS SOON AS POSSIBLE SO THAT IF ANOTHER PROJECT COMES FORWARD.

CHERYL MOORE: YEAH.

I SEE WHAT YOU'RE SAYING.

WHAT? ADAM SCHIESTEL: I THINK HE'S TRYING TO SPEAK.

CHERYL MOORE: IT SOUNDED LIKE A WOMAN.

YEAH.

ADAM SCHIESTEL: THANKS, CHRIS.

CHERYL MOORE: I HEARD THAT.

JANVIER WERNER: AND I DID ACTUALLY HAVE-- I'M SORRY.

WAS HE DONE WAS HE-- MATT WOODS: I'M SORRY.

JANVIER WERNER: WERE YOU DONE GETTING YOUR-- MATT WOODS: OH, YES.

I'M SORRY.

YES I WAS JUST SEEKING THAT [INAUDIBLE] CHERYL MOORE: WE'RE DOING BOTH.

WE WANT IT TO PROVE AS IS, BUT THEN STILL EVALUATE TO LOWER IT.

MATT WOODS: YEAH THE PROPOSED AMENDMENTS AS IS BRING THOSE FORWARD.

GET A RECOMMENDATION FROM ECC.

SO THE PROCESS WE WOULD GO BACK TO ECC, GET A FORMAL RECOMMENDATION.

IT'S IN THE LAND DEVELOPMENT CODE.

SO WE WOULD THEN GO TO P & Z FOR THEIR RECOMMENDATION, AND THEN ON TO TOWN COUNCIL WITH THE CURRENT PROPOSED AMENDMENTS, AND THEN CONTINUE TO RESEARCH-- CHERYL MOORE: LOWERING IT.

MATT WOODS: LOWERING IT.

CHERYL MOORE: YEAH.

MATT WOODS: SURE.

UNDERSTOOD.

JANVIER WERNER: AND I HAD ONE MORE THING TO ALSO, CHERYL.

CHERYL MOORE: OH, YEAH.

JANVIER WERNER: SO I DID MAKE SURE THAT THIS WAS NOT ALREADY IN THE ORDINANCE.

BUT I DO HAVE A CONCERN ABOUT HOW TREES RIGHT ON THE PROPERTY LINE ARE HANDLED, THAT IT'S NOT NECESSARILY SOMETHING WRITTEN IN THE ORDINANCE TO PROTECT THEM.

MATT WOODS: I COULD TALK TO IF THERE'S SOME OPTIONS THERE.

IT'S TYPICALLY A CIVIL MATTER BETWEEN PROPERTY OWNERS WHEN YOU HAVE THAT OCCUR.

NOW THE CHALLENGE IS WE'VE HAD THIS ON A FEW PROJECTS WHERE IT'S BORDERLINE IF THE WALL OR SOMETHING COULD IMPACT THAT ADJACENT OWNER'S TREE.

SO WE TRY TO ENGAGE, HAVE THE DEVELOPER ENGAGE THAT PROPERTY OWNER, FIND OUT IF THERE'S A SOLUTION.

MAYBE IT'S SOMETHING WE COULD PUT IN A PD.

BUT I WOULD LIKE TO CONSULT WITH AND TO FIND OUT ANY OPTIONS FOR AN ORDINANCE FOR THAT CIVIL ISSUE BETWEEN TWO OWNERS THAT OWN PROPERTY.

JANVIER WERNER: OK.

GOT YOU.

OK.

THANK YOU.

JAMES CHILDERS: AND, MAYOR, IF I COULD.

[01:05:03]

JAMES CHILDERS: THE FEEDBACK YOU'RE HEARING IS ACTUALLY FROM COUNCIL MEMBER DREW.

THERE'S A BANDWIDTH ISSUE COMING OVER.

AND SO HIM BEING ON VIDEO, AND ALSO SPEAKING CREATES THAT LAG.

SO THE FEEDBACK THAT YOU'RE HEARING IS ACTUALLY HIM SPEAKING.

SO I DON'T KNOW IF YOU HAD A CHANCE TO HEAR HIM, BUT WHAT HE WAS BASICALLY SAYING IS THAT HE AGREES WITH WHAT ADAM SHARED.

AND SO FOR THE REST OF THE NIGHT, I'LL BE HIS COMMUNICATION FROM CHINA.

SO HE'LL TEXT TO ME, AND I'LL CONVEY ANY QUESTIONS OR STATEMENTS TO SHARE SO EVERYBODY CAN HAVE IT.

CHERYL MOORE: TRANSLATING FROM ENGLISH TO ENGLISH.

I LOVE IT.

ALL RIGHT.

SO WE'RE GOING TO MOVE ON TO THE SECOND ITEM.

[C.2. Presentation and discussion on the creation and implementation of an Acorns to Post Oak program ]

I KNOW ALTON IS GOING TO BE PRESENTING.

AND MATT, YOU ARE ALSO GOING TO BE PRESENTING ON THIS, I BELIEVE.

MATT WOODS: CAN YOU JUST PULL UP THOSE SLIDES AND THEN WE'LL ACTUALLY TRANSITION TO-- CHERYL MOORE: OK.

JAKE SPECKHALS: OK TO GO OVER A LITTLE BIT OF HISTORY ABOUT THE ACORNS TO POST OAKS PROGRAM, ECC VICE CHAIR ALTON BOWMAN, ENVIRONMENTAL SERVICES BEGAN PROMOTING THIS PROGRAM BACK IN 2010.

AND IT WAS PRIMARILY AN EDUCATIONAL AND PROMOTIONAL PROGRAM.

AND THEN IT WAS STARTED BECAUSE POST OAKS, AS WE KNOW, ARE NOT READILY AVAILABLE IN THE NURSERIES, AND IT WAS MEANT TO HELP OFFSET THOSE LOSSES FROM DEVELOPMENT AND NATURAL MORTALITY.

AND ACORNS TO POST OAKS IS A RESTORATION INITIATIVE, WITH THE GOAL TO HELP REPLACE SOME OF THOSE POST OAKS THAT WE'VE LOST THROUGH SOURCING SEEDLINGS OR POTENTIALLY GROWING THEM OURSELVES.

SO FUNDING MECHANISMS. THE TREE PRESERVATION FUND IS CURRENTLY USED FOR URBAN FORESTRY INITIATIVES.

SO WE CAN USE THAT TO BUY POTS OR SOIL OR CAGES FOR POST OAKS RIGHT NOW.

BUT TOWN COUNCIL ALSO APPROVED THIS $10,000 IN FISCAL YEAR '26 TO '27, WHICH DIRECTLY PUTS THAT MONEY DEVOTED TOWARDS ACORNS TO OAKS.

SO NOW WE HAVE A DESIGNATED FUND FOR THIS YEAR TO HELP US WITH THAT PROGRAM.

AND THEN THE CREATION OF THE DEDICATED POST OAK MITIGATION FUND, WHICH WE TALKED ABOUT THIS EVENING, THAT WOULD COME ALONG WITH THOSE PROPOSED AMENDMENTS TO THE TREE ORDINANCE.

AND THEN WE WOULD ALSO BE TRACKING THAT POST OAK MITIGATION SEPARATELY, LIKE WE TALKED ABOUT.

THAT WAY, WE COULD ACTUALLY PUT IT INTO THAT POST OAK MITIGATION FUND.

AND THAT'S JUST A QUICK OVERVIEW.

BUT WITH THAT, I CAN TURN IT OVER TO VICE CHAIR BOWMAN, AND I'LL JUST BE ADVANCING THE SLIDES FOR HIM.

ALTON BOWMAN: OK.

THANK YOU, JAKE.

I WANTED TO MAKE ONE COMMENT ABOUT THE TREES ON THE PROPERTY LINES.

I THINK WE DO NEED TO LOOK INTO THAT.

LAST YEAR, WE WERE LOOKING AT THE TREES ON THE REGISTRY, AND A RESIDENT HAD A DISPUTE WITH A NEIGHBOR OVER A TREE LINE.

AND THIS NEIGHBOR HAD GONE IN, AND CUT EVERY LIMB THAT WAS ON HIS SIDE OF THE PROPERTY OFF OF THE TREE.

SO TO AVOID SITUATIONS LIKE THAT, WE NEED TO PUT IT INTO OUR STUDY.

OK.

WE'LL LOOK AT THE FIRST SLIDE.

AND YOU MAY HAVE SEEN THIS BEFORE, BUT FOR THE BENEFIT OF PEOPLE WHO HAVEN'T, IT'S A MAP OF THE CROSS TIMBERS.

WE WENT TOO FAR AHEAD.

AT THE VERY BEGINNING, THERE SHOULD BE A MAP.

JAKE SPECKHALS: OK.

LET ME FIND THAT OTHER ONE.

I MIGHT OPEN UP THE WRONG ONE.

ALTON BOWMAN: ARE YOU ON THE WRONG ONE? YEAH.

I THINK THAT'S THE WRONG ONE.

JAKE SPECKHALS: THERE WE GO.

ALTON BOWMAN: YEAH.

THIS IS THE RIGHT ONE.

THANK YOU.

SO THIS IS A MAP OF THE CROSS TIMBERS, EASTERN AND WESTERN IN TEXAS DOWN WHERE WE ARE.

YEAH, THAT'S THE EASTERN AND THAT'S GRAPEVINE LAKE RIGHT THERE.

THANK YOU, JAKE.

BUT THAT'S WHERE WE ARE IN THIS SITUATION.

BUT THE BLACK REPRESENTS THE OLD GROWTH TREES OR SECTIONS

[01:10:03]

SO THEY'RE STILL THERE DOING THEIR COMPLETE LIFESPAN.

THE FALLING AWAY, RAISING NEW ONES, INTERACTING WITH THE ECOSYSTEM.

AND THE ONLY PLACE THAT STILL EXISTS IS IN THOSE BLACK AREAS.

EVERYTHING ELSE IS HUMAN DEVELOPMENT.

AND THIS REPRESENTS 194 YEARS.

THE FIRST WHITE MAN TO VISIT THE CROSS TIMBERS THAT WROTE ABOUT IT WAS WASHINGTON IRVING IN 1832.

SO SINCE HIS TIME, AND THIS TIME, THAT'S WHAT'S LEFT.

BUT THAT BLACK AREA IS STILL THE LARGEST OLD GROWTH IN THE UNITED STATES, IN THE EASTERN UNITED STATES.

OF ALL THE TREES REMAINING, WE HAVE THE LARGEST OLD GROWTH FOREST LEFT IN THE CROSS TIMBERS.

SO IT'S STILL VERY IMPORTANT AND VERY LARGE.

THIS IS OUR FRONT YARD.

AND AS WE MENTIONED, WE LIVE ON THE WEST END.

AND THIS PROPERTY THAT WE OWN WAS THE FIRST PROPERTY DEVELOPED OUT IN THE WEST END BY-- SORRY.

SO ANYWAY, HOLD ON A MINUTE.

I DIDN'T GET STARTED ON THAT.

SO WE HAVE A SQUIRREL OUT THERE FEEDING.

AND THE TURKEYS ARE-- SOME TURKEYS THAT ARE STILL LIVING THERE THAT ARE DESCENDANT OF OUR TURKEY THAT WE RELEASED.

I'VE NEVER SEEN A TURKEY IN THIS AREA.

AND WE RELEASED A HEN, AND SHE FOUND TOM.

AND THEN NEXT SPRING, SHE CAME BACK TO SEE US AND BROUGHT NINE CHICKS.

SO WE CAN MAKE A DIFFERENCE AND WE CAN RESTORE.

MY BUSINESS IS RESTORATION OF PERIOD FURNITURE AND CONSERVATION.

SO I BELIEVE THAT WE CAN RESTORE THINGS.

AND NATURE WANTS TO DO IT.

BUT BASICALLY WE JUST HAVE TO GET OUT OF HER WAY.

AND ONE OF THE PROBLEMS-- OK, THE NEXT ONE.

SO THIS IS OUR BACKYARD.

AND THIS SPECIMEN THAT'S PROVIDING MOST OF THE OAKS-- OR THE ACORNS FOR THE ACORNS TO OAKS PROGRAM.

AND THIS PROPERTY HAS HAD VERY LITTLE-- IT WASN'T GRADED LIKE THE NEW ONES ARE.

IT HAS A LOT OF NATURAL PLANTS THERE.

I HAVE STOPPED MOWING UNDER THESE POST OAKS BECAUSE I'M TRYING TO RESTORE IT TO IT WAS WHEN WASHINGTON IRVING FIRST SAW IT UP THERE.

AND WHAT'S UNDERNEATH THERE IS PRAIRIE GRASS CLUMP, TALLGRASS PRAIRIE.

SO I'VE PLANTED TALLGRASS PRAIRIE IN THE FRONT UNDER THE TREES.

WE'VE STOPPED MOWING, AND JUST TO SEE WHAT COMES UP.

AND IT'S NOT OVER 12 INCHES HIGH IN THE FRONT YARD.

AND THEN WE MOW THE REST OF THE YARD.

DON'T RAKE ANY LEAVES, AND JUST LET THE LEAVES STAY.

SO THE LEAVES ARE VERY IMPORTANT FOR NOURISHING THE YOUNG POST OAKS THAT ARE COMING UP.

BUT IF YOU MOW UNDER THEM, THEY DON'T HAVE A CHANCE.

WE CAN'T REGENERATE.

SO LET'S GO TO THE NEXT ONE.

THIS ONE, THESE EXAMPLES ARE EXAMPLES OF TREES WITH HOLLOWS, AND THEY SUPPORT THE ANIMAL LIFE AND BIRD LIFE.

THERE ARE JUST STATISTICS.

YEAH, THERE WE ARE.

THERE ARE 85 SPECIES, DIFFERENT SPECIES OF BIRDS THAT NEST IN THE POST OAK FOREST.

THE ONLY ONES THAT MAKE THE NEST IN THERE ARE THE WOODPECKERS.

NOW, WAIT A MINUTE.

IF YOU GIVE ME A MINUTE.

THE WOODPECKERS CREATE THE CAVITIES FOR THE OTHER BIRDS THAT LIVE IN THE CAVITIES.

WE'VE GOT BLUEBIRDS AND ALL OF THE OTHER SONGBIRDS.

[01:15:03]

ANYWAY, THAT'S 85 DIFFERENT SPECIES THAT THE POST OAK SUPPORTS.

IT'S NOT JUST THE SCREECH OWLS.

I JUST WANTED TO MAKE US AWARE OF THAT.

OK.

SO EVERY YEAR, I GATHER 03,000 ACRES ACORNS.

THAT'S 3,000, 1,500 IN EACH BUCKET.

ONE BUCKET FROM EACH TREE IN OUR BACKYARD.

AND THESE ARE-- OK.

WE GO ON TO THE NEXT ONE.

THESE ARE SPROUTED.

SO WE PUT THEM IN BUCKETS OF WATER.

IF THEY SINK, THEY'RE VIABLE.

IF THEY FLOAT, WE THROW THEM AWAY.

SO AFTER WE DO THAT, THOSE ARE 3,000 THAT ARE LEFT.

SO RESIDENTS CAN GATHER THESE THEMSELVES IF THEY WANT.

THAT'S THE FASTEST WAY TO DO IT.

IT'S A $50 TOOL.

BUT THE TREES PRODUCE ABUNDANT SUPPLY.

SO THESE LITTLE SPROUTS ARE WHAT I CALL VOLUNTEERS.

THEY COME UP NATURALLY UNDERNEATH THE TREES.

YOU DON'T HAVE TO PLANT THEM.

THE LEAVES ARE THE COVER.

IT'S SAND.

THIS TREE HAS EVOLVED FOR THE LAST 10,000 YEARS WITH THE SAND BELT THAT'S HERE.

AND SO THEN THIS IS THE FIRST SPRING AFTER I STOPPED MOWING.

AND EVERY ONE OF THESE LITTLE TREES THAT I FOUND, I STAKED IT OUT, AND KEPT AN EYE ON IT.

AND THERE THEY ARE STARTING TO COME UP.

THAT'S IN APRIL.

WE'LL SEE THESE.

AND SO THEY'RE UNDER ALL OF THE POST OAK TREES IN TOWN.

BUT IF YOU MOW THEM, YOU'RE NOT GOING TO HAVE THEM.

SO THIS IS A WAY OF WORKING WITH THEM.

THESE, WE PLANTED.

NOW WE'VE DISCOVERED THIS IS NOT THE BEST WAY TO GROW THE POST OAKS.

BECAUSE AT THE NURSERIES, AND THE TREES THAT WE BOUGHT, HAVE NOT BEEN REAL SUCCESSFUL BECAUSE THEY GET ROOT BOUND IN THESE CONTAINERS.

SO BY THE TIME THEY GET TO BE-- AND THAT'S WHY IT'S NOT COMPETITIVE WITH THE OTHER NURSERY TREES.

THE BUR OAKS DO FINE.

WE PLANTED A BUR OAK, AND IT'S 12, 15 FEET TALL NOW IN 10 YEARS.

BUT THE POST OAKS ARE A LITTLE SLOWER.

BUT THE SCIENTISTS SAY IT'S NOT THE BEST WAY TO REPRODUCE.

THE BEST WAY TO REPRODUCE IS TO PLANT ONE OF THOSE ACORNS THAT SPROUTED IN A SITE WHERE YOU WANT IT TO GROW.

THE NEXT ONE.

NOW, THESE, I PLANTED.

AND THEY'RE IN A ROW.

THEY'RE IN THE CORRAL THAT WE USED TO BE CORRAL ON OUR PROPERTY.

AND THE POST OAKS ARE DROUGHT TOLERANT SPECIES.

SO THE FIRST THING THEY DO IS THEY THROW DOWN A TAPROOT THAT GOES-- THEY WON'T PRODUCE ANY MORE LEAVES THAN THIS.

THE WHOLE FIRST YEAR, THEY'RE BUILDING THAT TAPROOT.

IT GOES DOWN THE FOOT OR MORE.

ALL OF THE DROUGHT-TOLERANT SPECIES HAVE LONG TAPROOTS.

THE PRAIRIE GRASS HAS 14-FOOT TAPROOT.

SO THE BUFFALO CAN COME BY, YOU CAN BURN IT.

YOU CAN LET IT BE, AND IT WILL STILL COME BACK, RECOVER FROM THAT.

SO ANYWAY, WHERE WE ARE NOW IS WE'RE IN TWO YEARS INTO THESE YOUNG TREES.

ALL RIGHT.

THIS IS A SECOND YEAR TREE.

AND I LEARNED THAT YOU BETTER PUT A CAGE AROUND IT, BECAUSE THE LITTLE SQUIRRELS WILL EAT THEM.

THEY ARE PLANTING THESE ACORNS NOT JUST TO COME BACK AND GET THE ACORNS.

THEY'RE PLANTING THEM TO COME BACK AND EAT THOSE LITTLE TREES WHEN THEY'RE ABOUT THIS BIG IN THE WINTERTIME.

THEY DON'T HAVE AS MUCH TO EAT.

THE NUTS ARE ALL GONE, AND SO THEY ACTUALLY COME BACK AND GRAZE THESE LITTLE TREES RIGHT TO THE GROUND.

AND THIS IS ONE OF THEM.

AND THAT DISTURBED ME AT FIRST.

BUT THEN I CAME BACK TWO WEEKS LATER.

THAT LITTLE TREE HAD COMPLETELY REGENERATED FROM THAT.

AND THERE IT IS, AFTER HAVING BEEN EATEN TO THE GROUND, DURING THE WINTER, WHEN THERE WERE NO LEAVES ON IT, SO THESE LITTLE TREES THAT I'M SHOWING YOU, THEY WENT THROUGH JUST LIKE A BIG TREE.

THEY LOST THEIR LEAVES IN THE WINTERTIME.

AND THOSE LITTLE STICKS, THOSE WERE FOOD FOR THE SQUIRRELS.

[01:20:02]

SO ANYWAY, THOSE LAST TWO PICTURES WERE IN THE CORRAL, AND THEY WERE GETTING READY TO LOSE THEIR LEAVES.

THAT WAS IN THE FALL, THAT TREE THERE.

OK.

SO THIS ONE IS ONE THAT A SQUIRREL PLANTED BECAUSE IT'S WAY TOO FAR AWAY FROM ANY OF THE TREES.

AND I KNOW THAT THE SQUIRRELS PLANTED THIS ONE, BUT I PUT A CAGE AROUND IT.

AND SO THIS ONE IS NOW A YEAR OLD, A FULL YEAR.

AND SO I THINK THE NEXT ONE IS THE CLOSE UP OF IT.

AND IT'S NOT A GOOD PICTURE OF IT.

BUT AFTER THE FIRST YEAR, THEY'LL-- HOLD THAT ONE FOR A MINUTE.

AFTER THE FIRST YEAR, THIS IS ONE THAT WAS EATEN OFF.

AND YOU CAN SEE DOWN AT THE BASE ABOUT FOUR INCHES ABOVE, THERE'S A FORK.

WELL, THAT FORK IS THE SECOND YEAR GROWTH.

AND NOW YOU'RE STARTING TO GET IT'S STARTING TO LOOK LIKE A POST OAK.

THEY SPLIT IN TWO.

YOU GET THE DOUBLE OAKS, AND ALL OF THE FORMATIONS.

SO I'M THINKING THE BEST TIME.

AND SO THE REASON WE'RE DOING THIS IS FOR TRANSPLANTING.

YOU CAN TRANSPLANT THESE SPECIES IN THE DORMANT PERIOD, WHICH IS DECEMBER AND JANUARY.

AND THAT'S WHAT WE'VE BEEN DOING LAST YEAR.

WE GAVE AWAY 30 TREES THAT WERE GROWN IN A NURSERY.

AND THEY'RE BARE ROOT.

AND THEN THE PEOPLE HAVE PLANTED THOSE.

UNDER THIS TREE, THE GRASS IS REAL HIGH.

AND IT GOT AWAY FROM ME.

I COULDN'T MANAGE ALL OF THAT.

SO THEY ACTUALLY-- THEY JUST KEPT GROWING.

THIS IS 2 FEET TALL.

THEY KEPT GROWING INSIDE THE GRASS.

AND AS THE GRASS FALLS AWAY IN THE WINTERTIME, THESE LITTLE TREES ARE THERE.

I DON'T HAVE TO MAINTENANCE THEM.

I DON'T HAVE TO WATER THEM.

I DON'T HAVE TO DO ANYTHING.

THEY'RE JUST DOING WHAT NATURE DOES.

THEY DID REQUIRE SOME WATER WHEN WE GOT TO TRIPLE DIGIT.

BUT FROM JANUARY TO JUNE, JULY, I DIDN'T HAVE TO WATER THEM.

THERE'S NO MAINTENANCE.

THEY'RE JUST FINE.

AND ACTUALLY, I THINK THE GRASS THAT'S COVERING OVER THEM.

OK.

THIS IS THE LAST SLIDE.

BUT ONE OF THOSE BACK THERE THAT WAS THE LEAVES WERE TURNING IS-- CAN WE GO BACK? IS THAT PLANT THERE.

THAT PLANT, I MISSED IT IN THE WATERING.

IT WAS IN THE CORRAL, AND IT TURNED COMPLETELY BROWN LEAVES.

IT DIED.

THE LEAVES FELL OFF, AND IT WAS JUST A STICK.

BUT WE ACCIDENTALLY LEFT THE WATER ON ONE NIGHT.

IT RAN ALL NIGHT.

SO THE WATER RAN ALL NIGHT.

AND IN A WEEK LATER THIS ONE WAS COMPLETELY LEAFED OUT AGAIN.

IT WAS DEAD.

THIS IS THE POST OAKS DROUGHT PROTECTION.

IT JUST SHUTS DOWN.

I'M JUST TO POINT OUT THAT THIS IS A TWO-YEAR-OLD TREE.

AND THEY'RE PRETTY TOUGH BECAUSE THEY HAVE THAT DEEP TAPROOT THAT GIVES THEM ENOUGH RESERVE SO THAT IF SOMETHING HAPPENS TO THEM, THEY COME BACK.

AND I'M JUST LEARNING ABOUT THE POST OAKS.

SO WE HAVE TO FIGURE OUT HOW TO GET THIS INTO NUMBERS.

AND THAT'S THE NEXT STEP.

SO THIS WINTER, WE'RE TRANSPLANTING ALL OF THESE LITTLE TREES THAT I'VE SHOWED YOU, TRANSPLANTING THEM ON THE SAME PROPERTY, JUST SO WE CAN KEEP AN EYE ON THEM, AND SEE HOW THEY DO COMING OUT IN THE SPRING.

SO THIS IS A SLOW PROCESS, THE ACORNS TO OAKS.

IT'S A SLOW-GROWING TREE.

BUT IF I HAD KNOWN WHAT I KNOW NOW WHEN WE STARTED THIS, WE'D HAVE 40 YEAR POST OAKS, 40-YEAR-OLD POST OAKS FROM THIS PROGRAM.

SO LIFE IS SHORT.

AND IT'S WORTH WAITING FOR, THOUGH.

IT'S WORTH INVESTING FOR.

THAT'S WHERE WE ARE NOW.

SO THANK YOU FOR YOUR TIME.

ADAM SCHIESTEL: WHEN DO YOU COLLECT THE ACORNS? WHEN DO YOU COLLECT THE ACORNS? WHAT MONTH? WHAT TIME PERIOD? ALTON BOWMAN: I NOTICE TODAY, THE BLACKJACKS IN OUR PROPERTY HAVE STARTED FALLING.

IT'S NOW.

ADAM SCHIESTEL: NOW.

ALTON BOWMAN: NOVEMBER 1, THEY'LL BE IN FULL SWING.

[01:25:01]

AND THAT IS THE POST OAK WEEVIL.

AND THOSE ARE GONE.

JUST LIKE THE PROBLEM OF THE COTTONBALL WEEVIL.

IT'S THE SAME LITTLE GUY.

THEY'RE CLOSELY RELATED, BUT THEY GET 30% OF THE CROP.

I DON'T THINK IT BOTHERS THE DEER OR THEY JUST EAT THE BUG WITH IT.

JANVIER WERNER: SO HOW DO YOU POSSIBLY TRANSPLANT THEM, GIVEN THAT THE TAPROOT IS SO LONG? DO YOU KNOW HOW MANY FEET TO DIG TO CAPTURE THAT TAPROOT? ALTON BOWMAN: THAT, WE'RE GOING TO HAVE TO LEARN EACH STEP OF THIS.

WE KNOW EVERYTHING ABOUT GATHERING ACORNS.

WE KNOW EVERYTHING ABOUT SPROUTING THEM.

AND SUCCESS RATE IS REAL HIGH.

WE CAN PLANT THOSE ANYWHERE, AND THEY'LL DO FINE IN FLOWER MOUND.

WE KNOW WHAT TO DO WITH THEM ONCE THEY GO UP.

BUT TRANSPLANTING IS THIS YEAR.

AFTER THAT, WE'LL KNOW.

I BELIEVE THAT THEY HAVE A PRETTY STRAIGHT TAPROOT.

IT'S JUST A MATTER OF DIGGING DOWN ON BOTH SIDES, AND TAKING THEM OUT TO SHAKE OFF THE DIRT.

YOU CAN KEEP THEM FOR A WHILE IN THE REFRIGERATOR, IN A BAGGIE.

BUT BEFORE IT'S TIME FOR THEM TO SPROUT AGAIN, THEY NEED TO BE IN THE GROUND.

AND AT THAT TIME, WE'RE LOOKING FOR PEOPLE TO VOLUNTEER SITES FOR US, AND WORK WITH THE CITY, WHERE WE CAN PUT THEM.

CHERYL MOORE: WELL, THAT'S A GREAT SEGUE.

SO DOES COUNCIL OR MEMBERS OF ECC HAVE ANY INPUT ON WHAT WE CAN DO TO HELP THE SUSTAINABILITY OF THIS PROGRAM? CLARE HARRIS: SO, JAKE, YOU PLANTED SOME OUT AT GREEN ACRES THIS YEAR? JAKE SPECKHALS: THAT'S CORRECT.

CLARE HARRIS: HOW ARE THEY DOING? JAKE SPECKHALS: LAST TIME I CHECKED, WE DID NOT HAVE GOOD SURVIVAL ON THEM.

THEY WERE DOING REALLY WELL.

EVEN THE ACORNS CAME UP, AND THEN THE DROUGHT-- THE 60-DAY DROUGHT TOOK THEM OUT.

BUT THAT'S ALSO BECAUSE THAT SITE HAS TURF COMPETITION.

SO MAYBE IN LIKE A FOREST ENVIRONMENT, WHERE IT'S A BUILT UP ORGANIC LAYER, THEY COULD HAVE BETTER SURVIVAL.

CHERYL MOORE: DOES IT NEED SOME SHADE? BECAUSE THERE'S REALLY NOT MUCH SHADE OUT THERE, WHERE THEY'RE DOING THE PLANTINGS.

JAKE SPECKHALS: THAT'S AN ISSUE TOO.

I MEAN, I DID TRY TO PLANT THEM UNDER THE CANOPY OF OTHER ONES, BUT YEAH.

I THINK WE'VE SEEN EXAMPLES, ESPECIALLY ON CONSERVATION DEVELOPMENTS, WHERE TREES WILL NOT NATURALLY REGENERATE.

SO IF YOU HAVE A POST OAK IN OVER 50 YEARS, WE'VE SEEN SITES ACTUALLY COME BACK WITH MORE POST OAKS.

SO CONSERVATION DEVELOPMENTS ARE REALLY USEFUL FOR THAT IF WE CAN PRESERVE OPEN SPACE.

CHERYL MOORE: WHETHER OR NOT MOWING.

JAKE SPECKHALS: CORRECT, YEAH.

ALTON BOWMAN: MY EXPERIENCE IS THEY DO BETTER UNDER THE TREES, THE SHADE OF THE TREES AND THE GRASS ALLOWED TO GROW, SHADES THEM, AND YOU GET A HIGHER RATE.

BUT I'D SAY IT MIGHT BE HALF.

AND THE STRONGER ONES WILL SURVIVE.

YOU'LL STILL GET SOME THAT SURVIVE EVEN OUT IN THE OPEN.

THAT ONE IN THE LITTLE BOX, THAT'S COMPLETELY OUT IN THE OPEN WITH NO SHADE.

IT'S JUST DOING FINE.

IT'S JUST THE GENETICS.

BUT WE ARE HAVING THE WORST SUMMERS ON RECORD.

WE HAD A LOT OF DAYS, TRIPLE DIGIT.

AND EVEN THE ONES THOUGH THAT I MISSED, SOME OF THEM COMPLETELY REGENERATED AS SOON AS THEY GOT THE WATER IF THE LAST BIG RAIN.

SO IT'S A LEARNING PROCESS.

BUT KEEPING THE LAND AS CLOSE AS POSSIBLE TO WHAT THEY WERE INVOLVED IN WITH THE TALLGRASS PRAIRIE, PLANTING PRAIRIE GRASS, BUFFALO GRASS IS MUCH MORE ACCOMMODATING AS A COASTAL BERMUDA.

AND OUR LAWNS ARE NOT HAPPY WITH THE POST OAKS.

I HAVE TROUBLE WITH THAT.

BUT WATERING, IF YOU DO PLANT ONE, THE OWNER IS THE RESPONSIBILITY OF KEEPING AN EYE ON IT, AND KEEPING IT ALIVE DURING THAT DROUGHT TIME.

BUT IF THEY'RE JUST PLANTING A FEW TREES OR ONE, THEN IT'S NOT A BIG DEAL FOR THEM TO WATER IT.

IF WE'RE PLANNING, I THINK, THIS CAN BE IN A NURSERY SITUATION BECAUSE IT DOESN'T MATTER IF THEY'RE NOT COMPETITIVE WITH THE MARKET.

[01:30:02]

AND I THINK, IT'LL STILL BE-- ONCE YOU GET THEM PAST THAT FIRST FEW YEARS, THEY'RE GOING TO BE FINE.

THEY'RE DROUGHT-TOLERANT.

THEY'RE GENETICALLY ENGINEERED TO LIVE HERE.

CLARE HARRIS: I KNOW YOU TALKED ABOUT THE BOXES FOR THE ACORNS.

ARE YOU GOING TO DO THAT THIS YEAR? ALTON BOWMAN: I DIDN'T FIND THAT TO BE SUCCESSFUL.

IT'S A THING THAT THEY DO IN THE NURSERIES FOR GROUP.

IT WAS SUCCESSFUL UNTIL THE DROUGHT.

AND BECAUSE IT DOESN'T HAVE A TAPROOT, IT SELF-PRUNING THAT BOX YOU'RE TALKING ABOUT.

SO THAT'S WHY WE'RE DOING ALL OF THESE EXPERIMENTS.

WE'LL FIND THE ONE THAT WORKS.

AND THEN WE CAN IMPLEMENT IT INTO NUMBERS.

SO IT'S GOING ALONG WELL, THOUGH.

CLARE HARRIS: WELL, WE APPRECIATE THE EFFORTS YOU, AND ECC, ARE DOING TO MAKE US MORE AWARE OF THE IMPORTANCE OF CERTAIN SPECIES OF TREES, ESPECIALLY THE POST OAKS.

IS THERE ANY OTHER INFORMATION YOU ALL WANT TO ADD? ALL RIGHT.

SO THE NEXT ITEM THAT WE'RE GOING TO TALK ABOUT-- OH, YEAH, THIS ISN'T-- NEVERMIND.

I'M NOT GOING TO OPEN PUBLIC COMMENT AGAIN.

THE NEXT TOPIC WE HAVE IS THE TREE REMOVAL

[C.3. Presentation and discussion of the Town’s tree removal permit application process and Council considerations related to final decision-making ]

SO ABOUT A COUPLE MONTHS AGO, IN ONE OF THE TOWN COUNCIL MEETINGS, I REQUESTED ON THE AGENDA FOR THE TOPIC OF REVIEWING CODES AND PERMITTING PROCESSES, SPECIFICALLY FOR BUSINESSES.

AND ADAM DID BRING THIS UP AS A POSSIBLE ITEM.

WE DIDN'T TALK ABOUT IT ON FUTURE AGENDA ITEMS BECAUSE IT WAS SOMETHING THAT WAS PREVIOUSLY APPROVED.

SO IT TIES INTO TONIGHT'S TOPIC, BUT PLUS THE APPLICATION WITH BUSINESSES AS WELL.

ADAM SCHIESTEL: OK.

SO I ASKED FOR THIS ITEM.

AND I WANTED TO HAVE SOME FUN TALKING TO THE COMMISSION ABOUT A COUPLE OF CASES WHERE THE COMMISSION MADE A RECOMMENDATION, AND THEN THE COUNCIL OVERRULED THAT RECOMMENDATION.

AND I DON'T ACTUALLY THINK THAT'S UNEXPECTED, BECAUSE I EXPECT THE ECC TO BE A LITTLE TOUGHER THAN WE ARE, AND YOU'LL MAKE RECOMMENDATIONS TO DENY THINGS.

AND THEN WHEN IT COMES TO COUNCIL, WE HAVE MORE OF A HOLISTIC VIEW.

WE MIGHT PULL THAT BACK A LITTLE BIT.

BUT WHAT MAKES THESE INTERESTING IS THAT THE ECC RECOMMENDED APPROVAL.

AND THEN THAT CAME TO COUNCIL, AND THEN WE REVERSED THAT, EITHER OUTRIGHT DENIED IT OR TABLED IT IN THE MOST RECENT CASE.

SO I THOUGHT IT WOULD BE INTERESTING TO TALK ABOUT THAT.

I WANTED TO WALK YOU THROUGH MY PROCESS SO YOU CAN SEE THE TOOLS THAT I USE WHEN I GO THROUGH MY EVALUATION, AND I THINK THAT MIGHT GIVE YOU SOME EXTRA TOOLS THAT YOU CAN USE WHEN YOU'RE DOING YOUR RESEARCH FOR YOUR MEETINGS IN THE FUTURE.

AND I'M GOING TO DO THIS LIVE, NO NET.

SO I'M JUST GOING TO GO THROUGH THE PROCESS AND SHOW YOU EVERYTHING THAT I DO.

AND THEN WE'LL TALK ABOUT IT, AND HAVE SOME FUN.

SO THE FIRST ONE WAS RECENTLY, MOST OF YOU WERE ON, I THINK EVERYONE, EXCEPT BARBARA, WAS ON ECC AT THE TIME, AND THAT WAS THE POINT.

JUST CAME THROUGH.

AND IT SAYS HERE, THAT WAS YOUR OCTOBER 4 MEETING.

SO I'M GOING TO GO TO FLOWER MOUND.

HOPEFULLY IT COMES RIGHT UP.

AUGUST 4.

OK.

SO THIS AS YOU RECALL, WAS A-- LET'S JUST HAVE A LOOK AT IT.

SO ONE SPECIMEN TREE FOR THE POINT.

AND IT WAS A 28-INCH POST OAK.

AND WE HAVE A PICTURE OF IT HERE.

AND THEN WE HAVE THE TREE SURVEY HERE.

SO WHEN I LOOKED AT THIS, I SAID, THIS ZONING WAS APPROVED NINE YEARS AGO.

WHY NOW? WHY WASN'T THIS-- WHY DIDN'T THIS COME FORWARD TO US NINE YEARS AGO.

HERE'S THE TREE.

AND IT'S IN THE MIDDLE OF THE PARKING LOT.

IT SEEMS STRANGE TO ME, SO I WANTED TO KNOW MORE.

SO THE FIRST QUESTION I-- THE THING YOU HAVE TO REMEMBER IS NO APPLICANT IS MORE ENVIRONMENTALLY CONSCIOUS THAN THEY ARE WHEN THEY'RE TRYING TO GET ZONING.

THAT'S WHERE THEY'RE GOING TO TELL YOU HOW THEY'RE GOING TO SAVE EVERY TREE AND HOW GREEN THEY ARE.

AND THEN ONCE THEY HAVE THEIR ZONING APPROVAL, THE TREES BECOME AN IMPEDIMENT TO THEIR PROFITABILITY.

SO THEN THEY'RE GOING TO WANT TO WALK THAT BACK.

SO WE HAVE TO MAKE SURE WE REALLY WANT TO GET THESE THINGS, THE TREE PERMITS KNOCKED OUT AT ZONING.

BECAUSE THAT'S WHEN WE HAVE THE MOST OPPORTUNITY TO TRY TO SAVE TREES.

IT'S MUCH HARDER LATER ON DOWN THE LINE.

SO WHY ARE THEY COMING BACK AND ASKING FOR A TREE REMOVAL? SO WHAT I'M GOING TO DO IS FIND OUT WHAT THEY PROMISED US WHEN THEY CAME THROUGH THE FIRST TIME.

[01:35:04]

AND I'M GOING TO FIND THIS PROPERTY.

AND I'M GOING TO GET THE DOCUMENTS THAT ARE RELATED TO THIS ZONING CASE.

SO THAT IS THE POINT, WHICH IS SOMEWHERE OVER HERE.

AND AM I IN THE RIGHT PLACE, TOMMY? OK.

GOOD.

YEAH.

RIGHT HERE.

SO THIS IS WHAT WE'RE TALKING ABOUT IS RIGHT-- THAT'S WHAT I WAS WAITING FOR.

OK.

SO WHEN YOU'RE HERE AT THE POINT, AND THEN WE'RE GOING TO GO TO LAYERS.

AND THIS LOOKS DIFFERENT TO ME FOR SOME REASON.

WE HAVE TO ALLOW-- WHERE'S THE ZONING PLAN-- OK, I'M JUST GOING TO START OVER.

LET'S GO BACK.

MAPS, INTERACTIVE MAPS.

OK.

THAT LOOKS BETTER.

NOW THIS IS WHAT WE WANT TO SEE.

THIS MEANS WE HAVE ALL THE LAYERS IN PLACE, WHICH NOW WE CAN GO, AND PICK OUT WHICH ONES WE WANT.

OK.

SO WHERE WERE WE.

SO WE'RE TALKING ABOUT RIGHT BACK HERE IN THIS AREA.

AND SO YOU GO TO THE LAYER LIST.

AND THEN YOU UNSELECT EVERYTHING.

BECAUSE WE DON'T CARE ABOUT PARCELS AND MAP LINES AND ALL THAT.

WHAT WE WANT TO SEE IS ZONING.

SO IT SAYS PD156.

AND BY PICKING THE ZONING LAYER NOW WE HAVE THE DOCUMENT LINK.

THAT'S WHAT WE WANT.

SO THE DOCUMENT LINK IS GOING TO TELL US, MOST IMPORTANTLY, THE DATE OF THE TOWN COUNCIL MEETING WHERE THIS WAS APPROVED.

AND IF YOU HAVE THAT DATE, YOU CAN FIND THE ORIGINAL PACKET.

AND IF YOU LOOK AT THE EXHIBITS, YOU CAN EVEN WATCH THE MEETING.

SO THAT WAS 2017, 12/18.

ANOTHER TAB.

SO NOW, WE'RE GOING TO AGENDA PACKETS.

BUT WE WANT TO LOOK BACK AT THE OLDER ONES NOW, BECAUSE THIS IS BEFORE THE NEW SYSTEM.

SO WE GO DOWN HERE TO TOWN COUNCIL, AND WE'LL GO TO AGENDA PACKETS, AND WE'LL JUST SAY EVERYTHING.

GIVE ME EVERYTHING.

AND WE KNOW IT WAS 12/18, 2017 OK.

SO WHAT'S INTERESTING ABOUT THIS? AND NOW I GOT TO FIND THE PAGE.

SO I'M GOING TO GO TO 216.

I WROTE IT DOWN, FORTUNATELY.

BECAUSE I CAN'T FIND THE SEARCH.

I COULDN'T FIND THE SEARCH THING WHEN I WAS LOOKING FOR IT AT HOME EITHER.

OK.

SO HERE'S THE EXHIBIT THAT THE COUNCIL LOOKED AT NINE YEARS AGO.

LET ME SEE IF I CAN FIGURE OUT HOW TO ZOOM IN.

DID IT CHANGE ON ME.

YEAH, IT DID.

OK.

HOW DO I SLIDE? OK.

SO WHAT'S INTERESTING HERE IS, WHERE'S THE TREE? THEY DIDN'T HAVE IT ON THE EXHIBIT IN 2017.

SO IF I WERE IN YOUR POSITION, AND IT WAS SATURDAY AND I'M GOING THROUGH MY PACKET, I WOULD HAVE GOTTEN TO THIS POINT AND SAID, I'M EMAILING MY STAFF LIAISON, AND I'M SAYING, WHY IS THERE NO TREE ON THE 2017 PACKET? A 28-INCH POST OAKS DON'T JUST MAGICALLY APPEAR OUT OF THIN AIR.

SO I WATCHED YOUR MEETING, AND I BELIEVE WHAT THEY SAID AT THAT TIME IT WAS A SPLIT TRUNK TREE.

THERE WERE TWO TREES.

BUT WHEN THEY DID THE SURVEY THIS TIME, THEY DECIDED NOW IT'S A ONE-TRUNK TREE.

THAT SEEMS A LITTLE STRANGE TO ME.

SO BACK TO YOUR PACKET, WHICH, HOPEFULLY I HAVE THE EXHIBIT STILL.

PICTURE.

OK.

SO.

OK, MAYBE THAT'S TWO TREES, MAYBE IT'S ONE TREE.

LET'S WALK OUT THERE AND HAVE A LOOK.

NOW, YOU CAN'T ALWAYS DO THAT.

BECAUSE SOMETIMES, YOU NEED TO-- YOU CAN'T TRAIPSE AROUND IN OTHER PEOPLE'S PROPERTY, BUT SOMETIMES YOU CAN.

AND IN THIS CASE, I FELT COMFORTABLE DOING IT.

SO I JUST WALKED OUT THERE AND I LOOKED AT THE TREE MYSELF.

AND THERE'S A PICTURE OF IT ON THIS WEBSITE, IF I CAN FIND IT.

SO I STOOD RIGHT IN THIS SPOT BEFORE OUR MEETING.

COMMON SENSE TEST.

ALTON, HOW MANY TREES DO YOU SEE IN THIS PICTURE? IS THAT ONE TREE OR TWO? ALTON BOWMAN: WE MEASURE THAT 4.5 FEET.

ADAM SCHIESTEL: RIGHT.

WELL, THAT WAS ANOTHER QUESTION I HAD.

SO MAYBE THERE'S SOMETHING I DON'T UNDERSTAND ABOUT THE MEASURING PROCESS, THAT SOMEBODY CAN LOOK AT THIS AND MEASURE IT UP HERE.

AND SEE, THIS AS TWO TREES AND NOT ONE.

[01:40:03]

THEY HAVEN'T CHANGED.

I PULLED THE CODE OF ORDINANCE.

I'LL SHOW YOU THAT TOO.

SO MAYBE WE WANT TO KNOW HOW WE MEASURE TREES.

LET'S FIGURE IT OUT.

BACK TO FLOWERMOUND.GOV.

CODE OF ORDINANCES, IT'S RIGHT HERE.

I DON'T KNOW WHERE THE TREE MEASURING STANDARD IS, BUT I'LL JUST TYPE IN TREE AND MEASURE.

AND HERE'S 94-14.

AND IT SAYS MEASURE THE SMALLEST TRUNK CALIPER WIDTH OR CIRCUMFERENCE BETWEEN THE DIAMETER AT BREAST HEIGHT AND THE GROUND.

BUT BELOW THE LOWEST FORK.

IT'S PRETTY CLEAR.

YOU CAN FIND PICTURES OF HOW THIS IS DONE.

SO WHEN YOU GO TO THIS, CLEARLY, THEY SHOULD BE MEASURING IT SOMEWHERE AROUND HERE BELOW THE LOWEST FORK.

SOMEWHERE BETWEEN THE GROUND AND 4.5 FEET, WHICH IS RIGHT AROUND HERE.

I BROUGHT MY TAPE MEASURE OUT.

SO NOW, I'M A LITTLE TICKED OFF BECAUSE NINE YEARS AGO, SOMEBODY LOOKED AT THIS AND SAID, THIS IS TWO TREES AND WE'RE NOT GOING TO COUNT IT AS A SPECIMEN TREE.

AND I'M NOT COMPLETELY SURE THAT THIS WAS MEASURED IN GOOD FAITH.

SO I NOW THINK THAT WE NEED TO MAKE WE NEED TO FIGHT TO SAVE THIS TREE.

SO THE REASON WHY I'M SHOWING YOU ALL THIS IS NOT BECAUSE I THINK YOUR RECOMMENDATION WAS WRONG.

I JUST WANT YOU GUYS TO GET THESE FACTS OUT THERE AND TALK ABOUT IT.

AND THEN AFTER YOU'VE HAD THAT CONVERSATION, IF YOU STILL FEEL LIKE APPROVING THAT RECOMMENDATION IS THE RIGHT THING TO DO, THEN I'M GOING TO FEEL A LOT BETTER ABOUT SUPPORTING YOUR RECOMMENDATION AT COUNCIL RATHER THAN OVERRULING IT.

SO THAT'S HOW I GOT TO THE POINT WHERE I FELT LIKE THIS TREE WAS WORTH SAVING, AND WE'RE WORKING ON IT.

NOW THE PROBLEM WITH THIS IS BECAUSE THIS IS A PLANNED DEVELOPMENT, WE CAN'T REALLY REQUIRE THEM TO REZONE THE PROPERTY.

SO IF THEY CAN SAVE THIS TREE AND NOT REZONE THE PROPERTY, BY FIGURING OUT HOW TO WORK AROUND IT, THEN WE CAN SAVE IT.

AND THERE'S A CHANCE WE MIGHT.

ANY QUESTIONS, COMMENTS ON THIS ONE? OK I'M GOING TO CLOSE ALL THIS OUT.

WE'RE GOING TO DO IT AGAIN.

THIS TIME, WE'RE GOING TO TALK ABOUT TRINITY PARK, WHICH IS A TREE WE DID SAVE, OR WE HAVE SAVED IT.

SO WE'RE GOING TO GO BACK TO THE ECC MEETING PACKET.

THIS WAS MARCH 4, 2025.

MOST OF YOU, I THINK, WERE ON ECC AT THE TIME.

I CAN'T REMEMBER IF YOU WERE BACK ON ECC YET OR NOT, BUT WE'LL TAKE A LOOK AT IT.

SO IN THIS CASE, WE HAVE TRINITY PARK.

AND THIS IS A-- AND I TOLD YOU GUYS I LIKE THE BIGGER TREES, RIGHT? 39.5-INCH POST OAK.

IT'S GOING TO TAKE A LOT FOR ME TO APPROVE A TREE REMOVAL FOR A 39.5-INCH POST OAK.

THAT'S A LARGE TREE.

THAT'S A TREE THAT I'M GOING TO WANT TO SAVE.

SO LET'S HAVE A LOOK AT IT.

LET'S SEE HERE.

I THINK IT'S THE LAST ONE ON THIS LIST.

OK.

BIG TREE.

BIG, INTERESTING, BEAUTIFUL TREE.

SO I'M JUST GOING TO LEAVE THIS ZOOMED IN A LITTLE BIT, BECAUSE WE'RE GOING TO COME BACK TO THIS PICTURE IN A SECOND BECAUSE I WANT YOU GUYS TO SEE SOMETHING.

SO I'M GOING TO GO TO MAPS.

NOW, ONCE AGAIN, I WENT OUT AND LOOKED AT THE TREE.

AND I THINK IT WAS A FEW HOURS BEFORE OUR MEETING BECAUSE AGAIN, IF I'M GOING TO APPROVE AN [INAUDIBLE] INCH POST OAK, THEN I WANT TO SEE THIS TREE MYSELF.

SO THIS TREE OVER HERE ON LAKESIDE, IN THIS PROPERTY, AND IT'S RIGHT HERE.

SO I DROVE OVER THERE, PARKED SOMEWHERE OVER HERE, AND WALKED AROUND A LITTLE BIT.

AND SOMETHING JUMPED OUT AT ME THAT I DIDN'T EXPECT.

SO HERE'S OUR TREE.

AND HERE, YOU SEE THIS FENCE OVER HERE.

WELL, THIS TREE HAS A FENCE JUST LIKE IT.

AND IT GOES AROUND THE ENTIRE TREE, ALL 360 DEGREES.

SO WHEN I WAS WALKING AROUND IN THERE, I WAS LIKE, WELL, THAT'S INTERESTING.

SOMEBODY PUT THIS EXACT SAME FENCE AROUND THIS ENTIRE TREE.

SO THEY WERE MAKING A STATEMENT THAT WE'RE SO COMMITTED TO SAVING THIS TREE, THAT WE'RE GOING TO PUT OUR IDENTICAL FENCE AROUND THE ENTIRE TREE.

ANYBODY WHO COMES BY AND LOOKS AT IT IS GOING TO KNOW THAT WE INTEND TO SAVE THIS TREE.

SOMEBODY INTENTIONALLY DID THAT.

NOW, HERE WE ARE MANY YEARS LATER ASKING TO REMOVE IT.

SO ONCE AGAIN, WHEN WAS THE ORIGINAL MEETING? I DON'T KNOW.

LET'S FIND OUT.

SO WE GO TO MAPS.

INTERACTIVE MAPS.

WE'RE GOING TO GO OVER HERE TO LAKESIDE, WHICH IS SOMEWHERE SOUTH.

OK.

HERE WE GO.

RIGHT AT THE END OF THIS LITTLE STUB ROAD RIGHT HERE.

SO THIS IS OUR PROPERTY.

AND WE'RE GOING TO GO TO LAYER LIST.

WE'RE GOING TO GET RID OF EVERYTHING, EXCEPT FOR ZONING.

PD83.

SO WE PULL UP THE DOCUMENT.

AND THIS ONE WAS APPROVED IN 2004.

[01:45:01]

TOMMY DALTON: IT'S A LONG TIME.

ADAM SCHIESTEL: LONG TIME AGO.

SO LIKE I SAID, NO ONE IS EVER MORE ENVIRONMENTALLY CONSCIOUS THAN THEY ARE WHEN THEY'RE COMING IN FOR ZONING.

SO WHAT DID THESE GUYS HAVE TO SAY? NOW, WE CAN'T WATCH THIS MEETING, UNFORTUNATELY.

BUT IF YOU LOOK AT PAGE 65 OF THIS DOCUMENT, THIS IS HOW THEY PRESENTED WHAT THEY WERE GOING TO DO ON LAKESIDE.

THEY REALLY, REALLY CARE ABOUT THE ENVIRONMENT.

AND THEN WE'RE GOING TO MAKE IT BEAUTIFUL.

AND THEY WERE REALLY COMMITTED.

AND IT'S IN THE MINUTES.

SO IN THIS CASE, YOU CAN'T GO AND PULL THE-- THE ARCHIVE DOESN'T GO BACK TO 2004 BUT YOU CAN ASK FOR IT.

SO IF YOU EMAILED YOUR STAFF LIAISON, THEY COULD GET THE MEETING MINUTES.

AND I EMAILED THE TOWN SECRETARY'S OFFICE, AND I GOT THE MEETING MINUTES BECAUSE I WANTED TO SEE WHAT THEY SAID.

AND IT WAS PRETTY INTERESTING.

SO I WANTED TO SHOW YOU A COUPLE OTHER ITEMS. THIS, ON PAGE 9.

SO THEY ACTUALLY CARVED OUT ENVIRONMENTAL ZONES.

THESE LETTER CS THAT YOU SEE HERE, C1, THESE ARE THE ENVIRONMENTAL MANAGEMENT AREAS.

AND THERE'S ACTUALLY AN ENVIRONMENTAL MANAGEMENT AREA RIGHT IN OUR PROPERTY THAT WE WERE CONSIDERING.

SO THAT WAS INTERESTING TO ME.

AND SO WHEN YOU LOOK AT THE OVERHEAD, THAT'S ACTUALLY RIGHT HERE.

SO WHEN WE TALK TO THEM WE SAID, WELL, WAIT A MINUTE, YOU'RE GOING TO PUT THIS DRIVEWAY THROUGH YOUR ENVIRONMENTAL MANAGEMENT AREA.

AND WE DECIDED THAT WASN'T IN THE BEST INTEREST.

SO WE SAVED ALL OF THESE TREES IN HERE.

THEY WEREN'T SPECIMEN TREES, BUT WE SAVED THEM BY NOT REQUIRING THEM TO CONNECT THE ROAD THROUGH THE ENVIRONMENTAL MANAGEMENT AREA.

BUT THE MOST INTERESTING THING TO ME ABOUT THIS IS ON PAGE-- IT'S ACTUALLY ON A FEW OF THE PAGES, BUT IT'S ON 61, I THINK.

NOPE.

A LITTLE HIGHER.

OK, HERE WE GO.

MAYBE NOT THE BEST ONE.

LET ME GO UP A LITTLE BIT.

OK.

YEAH.

SO LET'S ZOOM IN ON THIS ONE HERE.

WE'RE GOING TO ZOOM WAY IN ON THIS EXHIBIT, SO YOU CAN LOOK AT OUR PROPERTY.

SINCE THIS IS A VERY LARGE DEVELOPMENT, YOU HAVE TO GO WAY IN.

BUT WHAT'S INTERESTING ABOUT THIS, IF YOU CAN SEE IT, IS THEY SPECIFICALLY CALLED OUT THIS TREE ON THEIR EXHIBIT AS A 36-INCH POST OAK.

AND THEY MOVED THE DRIVEWAY AROUND IT SO THAT THEY COULD SAVE IT.

THAT WAS A PROMISE THEY MADE IN 2004.

THEY CALLED OUT THIS-- AND A FEW OTHERS.

IT'S NOT THE ONLY ONE.

LIKE THIS TREE IS ANOTHER ONE.

AND THERE'S MORE IF YOU ZOOM OUT, YOU LOOK AROUND.

AND YOU CAN GO DOWN LAKESIDE TODAY AND YOU CAN SEE SOME OF THESE TREES THAT WERE MARKED ON THIS EXHIBIT.

THEY'RE STILL THERE.

HERE'S A COUPLE OVER HERE.

SO THIS TREE WAS IDENTIFIED AND CALLED OUT IN THE MINUTES AS SPECIFICALLY WORTH SAVING.

AND THERE WAS EVEN, IN THE MOTION, AN EXCEPTION GRANTED TO ALLOW THIS DRIVEWAY TO MOVE INTO THE LANDSCAPE BUFFER SO THAT THEY COULD MOVE THE DRIVEWAY, AND THEY WOULDN'T HAVE TO CUT THIS TREE DOWN.

SO THEN THEY GOT THAT CONCESSION.

THEY WENT AND BUILT A FENCE AROUND THE TREE TO SHOW EVERYONE THAT THEY WERE GOING TO SAVE IT.

WAITED 20 YEARS AND CAME BACK AND ASKED TO REMOVE IT.

SO THAT'S NOT SOMETHING THAT I WOULD TYPICALLY BE IN FAVOR OF.

NOW, IT WASN'T AS STRAIGHTFORWARD AS WE DID DENY THE REMOVAL OF THIS TREE.

THE APPLICANT HAD SOME CHALLENGES THEY HAD TO DEAL WITH.

WE WORKED WITH THEM.

WE DID A 380 AGREEMENT TO GIVE THEM SOME OF THEIR TREE MITIGATION FUNDS BACK, BUT THEY ALSO AGREED TO MOVE ALL THEIR SALES TAX FOR ANY SOURCE MATERIALS THAT THEY USE IN THE BUILDING OF THIS BUILDING INTO FLOWER MOUND.

SO IT ENDED UP ACTUALLY BECOMING REVENUE POSITIVE FOR US.

BUT WE DID SAVE THIS TREE, AND THAT'S THE LOGICAL PROCESS I FOLLOWED TO GET TO THE POINT WHERE I FELT CONFIDENT IN DENYING THAT.

SO ANY QUESTIONS, THOUGHTS, CONCERNS, FEEDBACK? ALAN FULLBRIGHT: I THINK THAT'S JUST SUPER ENLIGHTENING TO BE ABLE TO SEE THAT PROCESS AND WHERE THAT COMES FROM.

BECAUSE WE'LL ASK FOLKS.

WELL, WHY DON'T YOU MOVE THIS? WHY DON'T YOU DO THAT? AND THERE'S ALWAYS SOMETHING.

WE CAN'T DO THAT.

IT HAS TO BE HERE.

IT'S GOING TO BE IN THE DRIP LINE OF THE TREE, SOMETHING LIKE THAT.

SO IT HELPS ME TO BE ABLE TO CONCEPTUALIZE THE THINGS THAT THEY'RE SAYING WHEN WE'RE ASKING THEM QUESTIONS.

ADAM SCHIESTEL: SO I JUST WANT YOU TO KNOW THOSE TOOLS ARE THERE.

THAT GIS MAP IS AVAILABLE.

DOCUMENTS, PAST MINUTES, PACKETS, LOOK AT THEM.

WATCH THOSE MEETINGS SOMETIMES.

AND IF YOU CAN'T FIND SOMETHING ON THE WEBSITE, EMAIL YOUR STAFF LIAISON AND ASK YOUR QUESTIONS.

DON'T SHOW UP AT THE MEETING AND MAKE THAT THE FIRST TIME YOUR STAFF LIAISON HAS HEARD SOME QUESTION OR CONCERN YOU HAVE.

GET THAT IN FRONT OF THEM QUICKLY.

THEY'LL GET THE ANSWER, THE DOCUMENTS TO YOU, AND THAT'LL REALLY HELP YOU.

AND THEN ULTIMATELY, WHEN YOU HEAR THE FEEDBACK FROM THE APPLICANT, YOU MAY FEEL LIKE AN APPROVAL IS THE RIGHT ACTION.

BUT AT LEAST THOSE QUESTIONS ARE OUT THERE.

WE'VE HEARD THEM.

IT MAKES OUR LIVES A LOT EASIER.

IF I WATCH YOUR MEETING AND YOU'VE GOT ALL THOSE FACTS OUT, AND THEN WE CAN FEEL COMFORTABLE APPROVING THE RECOMMENDATION WE GET FROM YOUR COUNSEL.

ALL RIGHT.

LAURA SPURLOCK: THIS WAS GREAT.

THANK YOU.

ADAM SCHIESTEL: YEAH, APPRECIATE IT.

SO YEAH.

THAT'S ALL I WANTED TO COVER.

SO IF THERE WERE ANY OTHER TREE REMOVALS

[01:50:01]

CHERYL MOORE: THAT WAS A GREAT PRESENTATION.

YEAH.

ADAM SCHIESTEL: ALL RIGHT.

THANK YOU.

ELAINE TAKACS: ADAM, I ALSO WANTED TO COMMEND YOU ON YOUR PRESENTATION.

I THINK IT GIVES GREAT PERSPECTIVE TO THE WHOLE PROCESS OF WHERE IT STARTS, AND THEN HOW IT PROGRESSES.

AND THEN RECEDES, AND THEN HOPEFULLY, WE LEARN MORE ALONG THE WAY.

SO I THINK THAT WAS WONDERFUL.

IT WAS INTERESTING YOU WERE SAYING THAT THEY MOVED THAT PATH OVER TO NOT IMPACT THAT TREE AND NOT TAKE IT OUT.

SIMILARLY, THERE HAVE BEEN OTHER DEVELOPERS WHO HAVE MADE SIMILAR ADJUSTMENTS.

FOR EXAMPLE, IN CANYON FALLS, THERE WAS A ROAD THAT WAS GOING TO GO PAST A 41-INCH, I THINK, TREE.

AND WE SUGGESTED THAT THEY JUST MOVE THE ROAD OVER A LITTLE, WHICH THEY AGREED TO DO.

AT QUIKTRIP, THERE'S A 300-YEAR-OLD POST OAK ON THE CORNER, WHICH THEY WANTED A REMOVAL PERMIT FOR.

ULTIMATELY, THEY DID GET THAT TREE REMOVAL PERMIT, BUT THEY DECIDED, AT THEIR EXPENSE, TO PUT IN AN UNDERGROUND SYSTEM TO GO AROUND THAT TREE, WHICH IS NOT SO UNUSUAL FOR A DEVELOPER TO DO.

BUT THEY DID CHOOSE TO DO THAT.

AND THAT PECAN TREE IS STILL ALIVE.

THERE'S ALSO A NURSING HOME DEVELOPER WHO CAME, AND THEY HAD A REALLY NICE PLAN.

AND THEY HAD ALREADY DONE QUITE A LOT OF WORK TO MITIGATE A LOT OF QUESTIONS THAT WE HAVE.

AND THEN WHEN THEY WENT AND BUILT THEIR SITE, THEY ALSO REWORKED EVERYTHING SO THAT THEY COULD ALSO PRESERVE A LARGE TREE.

AND I SHOULD ALSO MENTION, A TOWN COUNCIL MEMBER SOME YEARS AGO, WHEN WE WERE TRYING TO DECIDE ABOUT THE THRESHOLD FOR THE POST OAK TREE, SUGGESTED THAT IT SHOULD BE LOWERED TO 18 INCHES, WHICH I THOUGHT WAS PRETTY INTERESTING.

ALSO, ONE OF OUR FORMER MAYORS SUGGESTED TO LEAVE A GREEN SPACE OF 500 FEET ALONG CROSS TIMBERS, SO THAT YOU CAN PRESERVE A GREEN RING AROUND WHATEVER YOU'RE DEVELOPING.

AND THEN IT ALSO PRESERVES THAT GREEN VISTA COMING INTO FLOWER MOUND.

NOW, MATT ALREADY DID A STUDY ABOUT THAT, AND FOUND THAT FOR SOME OF THE SMALLER PROPERTIES, IT WOULD REALLY IMPACT THEM.

AND SO IT WASN'T AS FEASIBLE.

BUT IT'S REALLY NICE TO SEE THE TOWN COUNCIL AND THE MAYOR REALLY DIGGING INTO THINGS.

SIMILARLY, I WOULD THINK AS YOU DID SO WELL.

ADAM SCHIESTEL: I KNOW I'M PRETTY TOUGH ON DEVELOPERS WHEN IT COMES TO TREE REMOVALS.

BUT HONESTLY, I DON'T THINK I'M THE TOUGHEST ONE ON COUNCIL BY A LONG SHOT.

SO YOU HAVE A LOT OF SUPPORT.

THE ECC HAS A LOT OF SUPPORT ON COUNCIL FOR YOUR INITIATIVES.

GREEN WASTE IS GOING TO HAPPEN THIS YEAR FOR THE FIRST TIME.

TREE REMOVAL-- WE'RE SAVING A LOT OF TREES.

I KNOW WE CAN SAVE MORE.

AND WE COULD DO BETTER.

BUT WE'RE SAVING A LOT, AND IT'S MAKING A DIFFERENCE.

SO YOU GUYS ARE DOING A REALLY GOOD JOB.

LAURA SPURLOCK: CAN I ASK A QUESTION? AND I WAS LOOKING BUT, I DIDN'T SEE WHEN THERE'S THE LAPSE FROM THE FIRST TIME THAT THE TREE OR THE PROPERTY WAS ASSESSED TO THE SECOND TIME.

IS THE TREE TAGGED WITH THE EXACT SAME TAG NUMBER? ADAM SCHIESTEL: NO, IT IS NOT.

JAKE, YOU WANT TO TAKE THAT ONE? YEAH.

JAKE SPECKHALS: USUALLY IT'S NOT.

YOU SEE THE OLD TAG ON IT, BUT USUALLY IT GETS ENGULFED IN THE TREE AFTER IT GROWS SO LONG.

AND THEN ALSO, WE REQUIRE DEVELOPERS TO GET A NEW SURVEY AFTER AROUND TWO YEARS, JUST SO WE CAN CAPTURE THE ACTUAL SIZE OF THE TREES AT THAT POINT IN TIME.

LAURA SPURLOCK: AND I ASK THAT BECAUSE I'M JUST WONDERING IF THERE COULD BE A TRIGGER.

LIKE WE JUST REVIEWED IN OCTOBER, A GENTLEMAN WHO CAME FORWARD WHO HAS THE PROPERTY NEAR MEADER OFF OF 1171.

BUT HE'S SAYING LIKE HE'S DONE THIS BEFORE PREVIOUSLY, AND IT HAD BEEN ZONED, BUT I DIDN'T HAVE THAT KNOWLEDGE.

SO NOW I KNOW HOW TO RESEARCH IT AND THE LEGWORK BEHIND IT.

SO THAT'S VERY VALUABLE WHAT YOU JUST OFFERED.

BUT SOMETIMES, IT'S LIKE I'M GOING OFF OF INFORMATION IN REAL-TIME WITHOUT HAVING THE BACKSTORY.

AND SO I'M JUST WONDERING IF THERE'S SOMETHING THAT CAN TRIGGER THAT THIS HAD BEEN SEEN BEFORE, OR IF THE TAG NUMBER WAS THE SAME, OR IF IT'S A RE-REVIEW LIKE FIVE YEARS POST THE ORIGINAL TIME THAT IT WAS SEEN.

SO THAT WAS JUST MORE OR LESS TRYING

[01:55:02]

ADAM SCHIESTEL: YEAH.

AND IT'S EASY TO FIGURE OUT WHEN SOMETHING'S COME TO COUNCIL, BUT IT'S NOT AS EASY TO FIGURE OUT IF THERE'S BEEN A TREE REMOVAL PERMIT REQUEST IN THE PAST.

SO THOSE EXHIBITS ARE HARD TO FIND, AND YOUR STAFF LIAISON WOULD BE ABLE TO HELP YOU.

DON'T BE SHY ABOUT ASKING QUESTIONS.

I MEAN, I'M SURE THESE THE STAFF, THE WEEKEND BEFORE ALL OF OUR MEETINGS, THE PACKET COMES OUT ON FRIDAY.

SO THEY'RE GETTING A LOT OF EMAILS ON THE WEEKEND.

LAURA SPURLOCK: AND IS IT ANNOYING IF I JUST BLANKET IT AS, HAS THIS EVER BEEN REVIEWED BEFORE? ADAM SCHIESTEL: I MEAN, HAS THERE BEEN A TRP APPLICATION FOR THIS PROPERTY BEFORE, I THINK, WOULD BE A VERY GOOD QUESTION IF IT SEEMS LIKELY THAT THERE HAS BEEN.

LAURA SPURLOCK: OK.

THANK YOU.

MATT WOODS: FEEL FREE TO SHOOT US AN EMAIL ANYTIME WITH ANY QUESTIONS.

YOU CAN EVEN COME IN AND MEET WITH US AND LOOK AT THE PLANS, AND IF YOU HAVE QUESTIONS.

ADAM SCHIESTEL: YOU'LL GET BETTER ANSWERS AT YOUR MEETING IF YOU DON'T ASK THEM THE QUESTION FOR THE FIRST TIME WHEN THEY'RE STANDING AT THE PODIUM, BECAUSE THEN, THEY'RE PREPARED TO ANSWER IT.

BECAUSE THEY KNOW WHAT YOU WANT TO KNOW.

THIS ISN'T LIKE A COURT OF LAW.

IT'S A POLITICAL PROCESS.

SO YOU'RE TRYING TO PERSUADE YOUR OTHER COMMISSIONERS TO COME AROUND TO YOUR WAY OF THINKING.

SO YOU WANT THE FACTS THAT YOU NEED TO SUPPORT YOUR POSITION TO BE PRESENTED.

AND IT HELPS IF STAFF KNOWS THAT THAT'S WHAT YOU WANT OUT THERE.

AND FRANKLY, THEY MIGHT GIVE YOU AN ANSWER YOU DON'T WANT.

SO MAYBE THAT CHANGES WHETHER YOU WANT TO ASK THE QUESTION SOMETIMES.

LAURA SPURLOCK: SURE.

SURE.

YEAH, NO.

THE MORE THAT'S IN OUR ARSENAL, THE BETTER.

ADAM SCHIESTEL: YEAH, THAT'S RIGHT.

ALTON BOWMAN: CAN I ADD A LITTLE HISTORY? THE VERY FIRST PROJECT THAT CAME BEFORE THE ECC WAS THE STATON OAK DEVELOPMENT.

AND THEY CAME TO US AND THEY SAID, THERE'S A STRANGE THING.

THERE'S THIS GREAT TREE OUT THERE, AND IT'S GOT A WHITE FENCE AROUND THE DRIP LINE.

AND IS THAT SOMETHING SPECIAL OR SHOULD WE PROTECT IT? AND SO WE LOOKED AT IT.

IT'S A VERY FINE TREE.

BUT I FOUND OUT LATER THAT BILL NIEMANN HAD FOUND THAT TREE EARLIER, AND HE BUILT THAT FENCE AROUND IT SURROUNDED HIMSELF JUST TO GIVE IT A LITTLE PROTECTION, AND MAKE PEOPLE THINK ABOUT IT.

AND SO WE DID SAVE THAT TREE, AND THEY NAMED THE DEVELOPMENT AFTER THE TREE.

SO THAT WAS A GOOD START.

ADAM SCHIESTEL: THE MOST INCREDIBLE POST OAKS ARE THE ONES IN LAKESIDE-- OR LAKEMONT.

IT'S BEHIND MARCUS.

AND THERE'S A CUL-DE-SAC THAT IF YOU GO DOWN TO THE VERY END, MOST INTERIOR CUL-DE-SAC IN THE NEIGHBORHOOD, THERE'S A BUNCH OF THEM IN PEOPLE'S FRONT YARDS.

AND THEY'RE THE MOST-- AND I ASKED ONCE IF ONE OF THEM HAD ALREADY BEEN NOMINATED AS A CHAMPION OAK, AND IT HAD BEEN, AS IT TURNS OUT, PROBABLY IN THE FIRST YEAR.

IT'S SO AMAZING.

AND THEY ARE GROWING IN FRONT YARDS, AND THEY'RE GETTING WATERED.

I DO WONDER IF DO YOU THINK THERE'S AN ADVANTAGE TO COLLECTING ACORNS FROM TREES THAT SEEM TO BE WELL ADAPTED TO-- ALTON BOWMAN: YES.

ADAM SCHIESTEL: --URBAN LANDSCAPE.

ALTON BOWMAN: WE WANTED TO DO THAT TO GET A RANDOM SELECTION.

RIGHT NOW, THEY'RE JUST BECAUSE IT'S IN MY YARD, THAT'S AVAILABLE.

ADAM SCHIESTEL: THAT'S WHY I ASKED WHEN THE TIME WAS TO GO COLLECT.

GO IN THERE AND SNEAK AROUND AND STEAL A FEW ACORNS OFF THE GENETICS COMMON AREA.

ALTON BOWMAN: THERE'S TWO THERE.

AND I THINK THEY'RE NEAR THE CREEK.

I THINK THE WATER IS A BIG FACTOR.

ADAM SCHIESTEL: OK.

YEAH, THERE IS A DRAINAGE RUNNING THROUGH THERE.

ALTON BOWMAN: THEY'RE THE LARGEST IN TOWN.

WE HAD THE TWO LARGEST BUR OAKS IN TOWN.

THEY WERE 48 INCHES IN DIAMETER.

AND THEY WERE A PAIR.

AND THEY WERE ON THE CREEK THAT'S BY-- WAS PUT IN THE FIRST STUDY OF FLOWER MOUND.

WAS THAT CREEK, BAKERS BRANCH.

AND THEY WERE ON THAT.

BUT WE COULDN'T-- THAT WAS THE PEROT GROUP.

AND THEY GOT A SPECIAL DISPENSATION TO GO INTO THE CREEK TO ADD THEIR ROAD THERE.

AND THEY TOOK OUT THE TWO POST OAKS.

BUT SOMETIMES, IN THE BEGINNING, WE USED TO GO TO EVERY PERMIT THAT CAME THROUGH.

WE'D GET IN THE VANS, AND WE'D GO OUT AND GO TO EACH ONE.

AND THAT NOW, WE'RE LUCKY IF WE GET PHOTOGRAPHS OF ALL OF THEM.

WHEN THERE'S 129 TREES, HOW CAN YOU LOOK AT ALL OF THEM? LAURA SPURLOCK: AND THEN CAN I ASK A QUESTION, JUST KIND OF ALONG THE LINES OF WHAT YOU'RE TALKING ABOUT.

AND IT'S JUST MORE OF A SENTIMENT QUESTION, OR IF THERE'S GOING TO BE RESISTANCE TO IT.

BUT THIS HAS OFTEN COME UP ON THE BOARD.

SO THOSE BIG POST OAKS THAT YOU WERE TALKING ABOUT IN THE FRONT YARD.

LET'S SAY THEY WERE IN THE BACKYARD.

SO WE COULD SAVE THESE TREES, THE DEVELOPMENT GO UP.

THE HOUSE GET BOUGHT.

AND THEN THEY WANT TO PUT A POOL IN AND THERE'S NOTHING THAT WE CAN DO.

THEY JUST CHOP THEM DOWN.

SO I DON'T KNOW IF ADOPTING LANGUAGE OR EVEN TRYING TO THINK OF THAT DOWN THE ROAD, NOT TODAY, IF THAT WOULD BE SOMETHING

[02:00:03]

THE OTHER ONE IS DRAINAGE.

LIKE A LOT OF THE FEEDBACK YOU GET ON A NEW DEVELOPMENT IS THAT PEOPLE ARE WORRIED ABOUT HOW THE WATER IS GOING TO FLOW.

AND SO SOMETIMES TREE REMOVAL IS NECESSARY TO SOLVE THAT PROBLEM.

AND THAT IS REALLY THE TUG OF WAR THAT WE DEAL WITH A LOT.

WHAT WE DO SEE IS SOME OF THE TOOLS WE HAVE ARE LOT COVERAGE AND SETBACKS.

SO IF YOU HAVE TREES IN A BACKYARD, AND YOU ALLOW VERY HIGH AMOUNT LOT COVERAGE, THEN IT'S MORE LIKELY THAT THEY'RE GOING TO COME IN AND PUT SOMETHING IN, LIKE A POOL HOUSE OR A SECOND GARAGE OR WHATEVER.

AND IF THE SETBACKS DON'T REQUIRE A LOT OF SETBACK, THEN THERE'S MORE LIKELIHOOD THAT THE TREES ARE GOING TO GET REMOVED OR IMPACTED BY THE BUILDING STANDARDS.

AND THESE ARE PLANNING AND ZONING CONCERNS, NOT ECC CONCERNS.

BUT A POOL, SOMEBODY'S GOING TO PUT IN A POOL, AND THERE'S A TREE RIGHT IN THE MIDDLE OF THEIR BACKYARD, IT'S-- IF WE DON'T RESPECT PROPERTY RIGHTS, THEN WE WON'T HAVE THE ABILITY TO REQUIRE TREE PRESERVATION AT ALL.

LAURA SPURLOCK: YEAH.

I FIGURED IT'S A FINE BALANCE.

JANVIER WERNER: I ALWAYS HAVE THAT CONCERN, AND I HAVE A NEIGHBOR.

I THINK THE ANSWER IS EDUCATION.

I HAD A NEIGHBOR WHO BOUGHT A BIG PROPERTY CLOSE TO ME, AND FULL OF POST OAKS.

AND THEY WERE JUST TRASH TREES TO HIM.

THEY WERE IN HIS WAY.

AND IT'S HEARTBREAKING.

BUT WE REALLY-- I FEEL LIKE NEED A LOT MORE EDUCATION TO JUST RESIDENTS, RESIDENTS THAT BUY BIG LOTS OR SMALL LOTS THAT HAVE POST OAKS, THEY NEED TO UNDERSTAND HOW IMPORTANT THEY ARE.

SO I WOULD LIKE TO SEE MAYBE SOME MORE EDUCATIONAL PROGRAMS SPECIFICALLY GEARED TO POST OAKS.

ELAINE TAKACS: ALTON, MAYBE YOU COULD GIVE ONE AT THE LIBRARY.

ALTON BOWMAN: PARDON ME.

ELAINE TAKACS: MAYBE YOU COULD GIVE ONE ON THE POST OAKS AT THE LIBRARY.

ALTON BOWMAN: WELL, WE HAVE THE ONE IN JANUARY.

ELAINE TAKACS: YEAH.

OK.

ALTON BOWMAN: BUT, YES.

ELAINE TAKACS: I THOUGHT THEY WERE COMING HERE.

ALTON BOWMAN: I COULD.

MATT WOODS: YEAH, WE CAN CERTAINLY DO THAT.

JAKE GAVE A PRESENTATION IN THE LIBRARY IN JANUARY, BUT WE CAN CONTINUE THAT EFFORT.

CHERYL MOORE: IT'S ONGOING, I THINK.

MATT WOODS: IT DOES HELP.

ELAINE TAKACS: I HAVE ONE MORE QUESTION.

ON THAT NOTE OF SOMEONE BUYING A PROPERTY AND THEY HAVE THE RIGHT TO CUT DOWN A TREE FOR WHATEVER REASON THEY LIKE.

IS THERE ANY CONSEQUENCE IF THAT PROPERTY HAS A SLOPE ON IT? AND THE OWNER DECIDES, THEY WANT A NICE VIEW OF THE LAKE, SO THEY CHOP DOWN SOME OF THE TREES THAT ARE ON THEIR PROPERTY, BUT THAT IMPACTS THE SLOPE GOING DOWN, WHICH IS CORE PROPERTY.

WHAT'S THE INPUT ON THAT? I JUST WAS CURIOUS.

FOR EXAMPLE, BECAUSE ON THE DAKOTA DEVELOPMENT, THEY HAVE A LOT OF SLOPE ON THE BACK LOTS.

AND I JUST WONDER HOW THAT'S GOING TO IMPACT THE REST OF THE SLOPE IF IT'S JUST GOING TO LEAD TO A LOT OF EROSION, WHICH IS GOING TO FILL UP THOSE FINGERS OF THE LAKE THERE.

TOMMY DALTON: I'LL TAKE THAT ONE, AND THEN I'LL PASS IT OVER TO TIFFANY IF I MESS ANYTHING UP.

SO THERE'S TWO SCENARIOS THAT I'M HEARING.

YOU TALK ABOUT, IF YOU THINK ABOUT THE DAKOTA DEVELOPMENT, THAT'S THE OVERALL DEVELOPMENT THEY HAD.

THEY DID HAVE TOPOGRAPHICAL SLOPE PROTECTION THAT THERE WERE SOME EXCEPTIONS GRANTED AND SOME THAT THEY DIDN'T NEED OR DIDN'T REQUEST.

AND SO PART OF THE TOWN'S PROCESS, WHAT COUNCIL MEMBER SCHIESTEL DESCRIBED LARGELY ABOUT THE ZONING IS THAT'S THE BROAD BRUSH.

WE'RE LOOKING AT THE DEVELOPMENT REGULATIONS FOR THE ZONING ARE WHAT YOU MAY HEAR A PD PLANNED DEVELOPMENT, CONCEPT PLANS IN TERMS OF THE LAYOUT OF THE DEVELOPMENT, AND FOR EITHER RESIDENTIAL OR COMMERCIAL.

PART OF THAT INCLUDES AN ENVIRONMENTALLY-SENSITIVE AREA SURVEY THAT JAKE DOES.

I'VE SEEN AND HEARD ABOUT THOSE, WHICH IF THERE ARE ANY, THEN WE GET AN ENVIRONMENTAL PROTECTION PLAN THAT OUTLINES WHERE THOSE SLOPES ARE.

AND IF THEY NEED EXCEPTIONS, THEY GO THROUGH THAT PROCESS.

SO ONCE THAT ZONING IS DONE, THERE'S MULTIPLE STAGES THAT OCCUR THAT HAVE TO GO THROUGH NOT ONLY THE PLANNING OFFICE, THE TOWN'S ENGINEERING OFFICE, MATT'S OFFICE, ULTIMATELY OUR BUILDING INSPECTIONS OFFICE.

SO WHEN THEY GET TO THE POINT OF ENGINEERING PLANS, THAT'S THE PLAT AND THE SITE PLANS, DEPENDING IF WE'RE TALKING RESIDENTIAL OR COMMERCIAL, SITE PLANS ARE MOSTLY COMMERCIAL, THEY HAVE TO PRODUCE GRADING PLANS THAT ADDRESS THE DRAINAGE ON THE SITE, ALL THE GRADING RELATIVE TO THAT DRAINAGE, ANY GRADING RELATIVE TO THE SITE

[02:05:02]

AND SO THEY GOT TO ESTABLISH THE LIMITS OF THOSE GRATINGS RELATIVE TO THAT SLOPE, BECAUSE IT'S ALL SURVEYED IN BY A PROFESSIONAL LAND SURVEYOR AND VERIFIED BY OUR ENGINEERING STAFF.

AND THEN ONCE THEY COMMENCE CONSTRUCTION, WE VERIFY THAT THEY'RE NOT EXCEEDING THAT GRADING.

THAT'S ALREADY ESTABLISHED IN THE PLANS, IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION PLAN IN ANY TOPOGRAPHIC SLOPE ON THE SITE.

AND SO THERE'S CONSTANT STEPS.

AND DEVELOPMENT IS ITERATIVE.

THERE'S MANY, MANY STAGES.

AND THERE'S A LOT OF HANDS THAT TOUCH IT.

SO WE'RE EVALUATING THAT.

SO THERE'S NOT A CHANCE THAT IF THEY'RE GIVEN AN EXCEPTION OR THEY'RE NOT GIVEN AN EXCEPTION TO TOPOGRAPHICAL SLOPE PROTECTION, THAT THEY GO OUT THERE AND CAN JUST BULLDOZE IT.

THEY'VE GOT TO GET PERMITS.

THEY'VE GOT TO GET INSPECTIONS.

AND WE ENSURE THAT HAPPENS.

SO THAT'S THE OVERALL DEVELOPMENT ASPECT OF IT.

NOW, LET'S SAY THE DEVELOPMENT IS COMPLETE, AND THERE'S A LOT THAT HAS SOME TOPOGRAPHICAL SLOPE IN THE BACKYARD, AND THEY'VE GOT A TREE AND THEY WANT TO REMOVE IT TO DO WHATEVER, WHAT PREVENTS THEM FROM ENGAGING WITH THAT SLOPE.

VERY SIMILARLY, EVEN IF YOU'VE GOT A LARGE LOT, AND YOU WANT TO DO GRADING, YOU STILL HAVE TO GET A GRADING PERMIT IN FLOWER MOUND BECAUSE GRADING WILL IMPACT EROSION AND WATER.

AND SO WE HAVE HAD PEOPLE THAT HAVE DONE THAT WITHOUT PERMITS.

AND THEN PART OF MATT'S GROUP AND CODE ENFORCEMENT, I THINK CHRISTA WAS HERE.

IF SHE'S STILL HERE.

CHRISTA COMES AND KNOCKS ON YOUR DOOR, AND SHE TALKS TO YOU ABOUT DOING WORK WITHOUT A PERMIT, AND THEN THAT GOES BACK TO HER ENGINEERING OFFICE.

AND LUCKILY, SINCE THEY WENT THROUGH THE DEVELOPMENT PROCESS, WE KNOW WHERE THOSE ESTABLISHED GRADES ARE, WHERE THOSE FINISHED GRADES ARE SUPPOSED TO BE.

SO THEY GOT A WHOLE BUNCH OF OPTIONS THEY HAVE TO GO THROUGH WITH CHRISTA, WHICH MEANS MOST LIKELY HAVING TO ESTABLISH THE GRADE, AND THEN COME THROUGH AND GET A PERMIT.

DEPENDING ON WHERE THAT GRADE IS, IF IT'S IN OR NEAR THE CORPS OF ENGINEERS EASEMENT, THEY PROBABLY WON'T GET THAT PERMIT BECAUSE THE CORPS IS NOT GOING TO ALLOW ANY GRADING BELOW THERE OR WITHIN THEIR EASEMENT.

AND IF THEY ARE ALLOWED TO DO IT, AND IT DOESN'T IMPACT THEIR NEIGHBORS FROM A DRAINAGE PERSPECTIVE, OR IMPACT ANY ENVIRONMENTALLY SENSITIVE AREAS, WE WILL ISSUE THAT PERMIT IN ACCORDANCE WITH OUR ENGINEERING SPECIFICATIONS.

ELAINE TAKACS: THAT'S GREAT.

THAT'S GREAT TO HEAR.

CHERYL MOORE: ANY OTHER COMMENTS, QUESTIONS? ALL RIGHT.

I WANT TO THANK ECC FOR BEING HERE TONIGHT.

THANK YOU, STAFF, FOR ALL YOUR PRESENTATIONS.

AND ADAM, THANK YOU FOR THAT PRESENTATION AS WELL.

IT WAS EXCELLENT.

THE TIME IS NOW 8:08.

AND THIS WORK SESSION IS ADJOURNED.

SPEAKER 3: THANK YOU VERY MUCH.

* This transcript was compiled from uncorrected Closed Captioning.