Approved Minutes - 2003-02-10
City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 1 of 4
Minutes of February 10, 2003
City of Lake Oswego
Ad Hoc Tree Code Review Task Force Minutes
February 10, 2003
I. CALL TO ORDER & ROLL CALL
Chair Scott Rubel convened the Ad Hoc Tree Code Review Task Force at 7:00 p.m. on
February 10, 2003 in the Human Resources Conference Room, C ity Hall, 380 A Avenue,
Lake Oswego, Oregon.
Task Force members present were Chair Scott Rubel, Vice Chair Christine Roth, David
Cory, Michael Buck, Terrence Flanagan*, Richard Pross, Laura Rybowiak. Staff present
was Sandy Ingalls, Code Enforcement Specialist.
II. MINUTES
Rybowiak corrected the January 22, 2003 minutes. Her name was mistaken for Mr.
Flanagan in several instances.
Mr. Cory moved to approve the minutes as corrected. Mr. Flanagan seconded.
Ms. Roth moved to approve the December 5, 2002, January 7, 2003 as corrected and
January 13, 2003 minutes; Ms. Rybowiak seconded and they passed unanimously.
*Mr. Flanagan arrived at 7:05 PM.
III. REGULAR BUSINESS
Ms. Roth stated that the Natural Resources Advisory Board (NRAB) met last week and
she discussed the changes to the code with them. She noted they were in support of the
proposal and they were disappointed that the arborist wasn’t in the imminent future. She
stated that several members from the NRAB may attend the Council meeting to offer
support for the arborist, as it’s been an NRAB goal.
Ms. Roth stated she had a conversation with a school board member with the fact that the
school district has to pay for an on-site arborist. She continued that the school board
member felt that once t he tree protection zone has been defined, then there is no need to
have an arborist there on site. She continued that if the School District had prepared their
plans properly, they wouldn’t have needed an arborist on-site all the time.
Mr. Flanagan replied, he was there for one day about one tree, although he was called in
about other unforeseen changes to the plan. Better planning could have prevented some
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Minutes of February 10, 2003
of the extra visits to the site. He suggested there may be some more trees to remove down
the road, and there were a couple of scotch pines that he suggested be removed, but the
City wants to save them. He noted in these situations a trained arborist will remove the
trees that aren’t good specimens and replant ones that will be a nice tree for a long period
of time.
Mr. Cory noted people can disagree with the code and with staff, however, we’re trying to
create a code that will be somewhere in between what we started with in 1971 which
created a lot of fuss, and the code we have today.
Mr. Flanagan noted the code has become more and more restrictive and staff has been
directed to be as restrictive as possible as far as canopy loss. He continued that there are
so many problems with the current code, that staff continually has to defend their position
whether it was an approval or denial.
Mr. Cory asked the TF if they had seen the letter to the editor in the paper from Mr. Joe
Stern. He encouraged the TF not to worry about what people think of our work, since
they don’t know what we’re working on.
Mr. Flanagan noted that he welcomes input from people who understand what we’re
trying to do here. He continued to say how ridiculous it is to have City staff dealing with
tree issues.
Mr. Cory noted that the time study on staff time used for tree related issues over a 10 day
period, averaged 32.29 hours per week. The receptionist isn’t included on that chart
either, since she has to deal with calls and walk ins, to get them to the right people for tree
issues. He reminded the TF that this is the slow season and soon it will get much busier
for tree issues.
Ms. Roth suggested including this topic in the City Council presentation.
Mr. Flanagan noted it drives a point home better when you actually are faced with such
issues and have to deal with the city code. As an arborist, who has to deal with the
current code, he finds it frustrating to get a permit at the City. However, he now has
ownership over the proposed changes and thinks that we’re heading in the right direction.
Ms. Rybowiak suggested there should be a fee for the City Arborist to provide a report for
citizens.
Mr. Flanagan noted that an on site arborist looking at the reality of the situation, not doing
it over the counter, will be much more efficient.
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Minutes of February 10, 2003
City Attorney Comments
Ms. Ingalls introduced the comments submitted by the David Powell, City Attorney. It
was the consensus of the TF that his comments are great and should be included in the
draft that goes to Council.
Mr. Buck noted that a homeowner who makes a mistake, shouldn’t be clobbered for a
mistake. But someone who works with the city and does construction for a living, should
come on board.
Ms. Ingalls replied that if you take out a building permit, you are made aware of the
City’s regulations and should know that you have to remove a tree the proper way, and
protect trees.
Pross suggested enforcement of the rules, is up to the City Manager and you don’t
necessarily have to treat everyone equally (i.e first offense, repeat offenders, etc.).
Ms. Ingalls, replied that violations are all treated the same, it’s not a selective process.
Mr. Cory noted there are many contractors who will just charge in and rip out roots, etc.
without regard that anyone will make them pay for a tree they have damaged. The
subcontractors need to realize how important it is to protect trees, you find so many
contractors who just don’t care about the rules.
Ms. Rybowiak asked about replanting on site. Her concern is that there is the native plant
list and the native tree list. She suggested c hanging the word “plant” to tree, so there is
no confusion.
Ms. Ingalls made the change.
Mr. Cory moved to take a recess at 7:45 PM. Ms. Roth seconded; it passed unanimously.
The meeting was reconvened at 8:00 PM.
Ms. Ingalls showed the TF arial photos from 1965 (Palisades Terrace), 1973 (South
Shore), 1976, 1987 and 2000 showing the changes to the City’s canopy.
Mr. Rubel suggested comparing one neighborhood all the way through it’s development
from the 60’s through now.
Mr. Cory noted one of the biggest detriments has been the loss of the filbert orchard. The
next big loss is to a subdivision, it’s not so much the houses, it’s the street taking up so
much room. The streets are wide and wall to wall asphalt.
Ms. Ingalls noted that some rights-of-way are incredibly wide from 60 feet to 80 feet.
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Minutes of February 10, 2003
Mr. Cory asked Ms. Ingalls to point out Centerpointe offices on the 2000 photo. The TF
was amazed at the difference between the photos. Mr. Cory noted there were over 1300
trees per acre, mostly skinny pe ncil Douglas fir trees.
Mr. Flanagan asked why have we lost these trees and is that addressed by the tree code?
Ms. Roth suggested the importance of not losing large portions of canopy.
Ms. Ingalls noted that with the UGB and the City limits, and infill, we don’t have a lot of
canopy left.
Mr. Cory noted that Kruse Way development removed so many trees and impacted the
canopy drastically.
Mr. Flanagan responded that he was forced to save trees along Kruse Way that were in
poor shape, and now have been removed. He noted we are penalizing the individual
residential homeowner with the tree code when the real problem lies with the commercial
development. It’s just another reason to have a city arborist to promote the benefits of
tree care.
Mr. Cory pointed out a tree that was supposed to be saved, probably cost $320,000, and
it’s not even a native tree.
Ms. Ingalls asked the TF to review their presentation for tomorrow night before City
Council.
Mr. Cory asked how many different employees have been emplo yed in the past 5 years in
planning. He noted he’s gotten first time employees from time to time and has to train
them on how to issue a tree permit. With an arborist, you will have continuity, not only
with the process, the code, but with the general information that is given out to citizens.
There are some issues that we didn’t cover well, mitigation, thinning, and site specific
problems that we can’t write into the code. An arborist would be able to handle these
situations.
The TF reviewed their presentation to City Council and finalized their plans.
IV. ADJOURNMENT
The next meeting was scheduled for February 10, 2003. There being no further business,
Chair Rubel adjourned the meeting at 8:44 p.m.
Respectfully submitted,
Sandy Ingalls, Code Enforce ment Specialist
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