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CASSELBERRY CITY COMMISSION Minutes of January 26, 2009 - Regular Meeting Page 7 of16 of unincorporated properties would provide increased tax revenue to the City in the future. Recommendation: The City Manager and the Community Development Director recommended approval of Resolution 09-2000. MOTION: Vice Mayor Hufford moved to approve Resolution 09- 2000 as amended. Motion was seconded by Commissioner Solomon. Motion carried unanimously by voice vote 5 - O. 12. OTHER ITEMS A. Kingdom Hall Tree Replacement Appeal Alternative Ms. Sandra Smith, Chief Planner, stated the City Commission remanded the Community Development Director's appeal of the Planning and Zoning Commission's site plan approval to staff to develop methodology for tree replacement and an acceptable Tree Fund dollar amount, and provide alternatives for the City Commission in modifying the Planning and Zoning Commission's decision atthe next meeting based on input from staff and representatives of Kingdom Hall. Ms. Smith gave a presentation and testimony on the site approval history, the tree bank alternative, the history of tree replacement, the Kingdom Hall site issues and replacement variables regarding possible alternatives for payment into the Tree Bank. A copy of the presentation is attached to and made a part of these minutes. Mr. Luis F. Vega, attorney representing Kingdom Hall, came forward and formally objected to the replacement variables chart presented by staff because it was not part of the record considered by the Planning & Zoning Commission. The City Attorney suggested that the first objection be overruled on the basis that the Commission specifically asked for additional information at the appeal hearing was held on January 12, 2009 and at the conclusion, the matter was remanded back to staff for alternatives with keeping the appellee's interests in mind. The City Attorney suggested that staff not object to additional information submitted for the record by Kingdom Hall at this meeting. Mr. Vega further objected to staff's testimony regarding the consistent interpretation given by the City's Administrative Official to Section 3-14.8(5)(c) regarding inclusion of "wholesale market value" being applied to the number of required replacement trees and "installation" of trees being included, because the wording is not included in the actual code language. The City Attorney stated she did not feel that it was proper for the second objection to made at this juncture until staff completed its presentation because it was more of an argument and staff will want to elaborate on how the code has been interpreted by the Administrative Official. Mayor Glancy overruled both objections. Ms. Smith continued her presentation to the City Commission regarding replacement variables. Mr. Truman Willard, 450 North Milwee Street, came forward and spoke on behalf of Kingdom Hall. Mr. Willard voiced concerns regarding the City's tree canopy and commended Mr. Paradise's suggestion regarding the possible upgrade to Florida grade 2 trees which were more desirable. Mr. Willard voiced concerns regarding the previous waivers granted by the City and requested similar consideration. Mr. Willard stated Kingdom Hall was not aware ofthe additional information on the replacement variables chart until they arrived at the meeting this evening. Mr. Willard stated that the cost of installation was not included in the code language and felt Kingdom Hall should only be charged $125 per tree, which was the wholesale quote they received from a local nursery. Mr. Willard submitted several photographs of trees from the