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Approved Minutes - 2003-02-24 City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 1 of 4 Minutes of February 24, 2003 City of Lake Oswego Ad Hoc Tree Code Review Task Force Minutes February 24, 2003 I. CALL TO ORDER & ROLL CALL Vice Chair Chris Roth convened the Ad Hoc Tree Code Review Task Force at 7:04 p.m. on February 24, 2003 in the Human Resources Conference Roo m, City Hall, 380 A Avenue, Lake Oswego, Oregon. Task Force members present were Vice Chair Christine Roth, Michael Buck, Terrence Flanagan, Richard Pross, Laura Rybowiak, Chair Scott Rubel arrived later. David Cory was absent. Staff present was Sandy Ingalls, Code Enforcement Specialist. Gary and Betty Buford were the guests. II. REGULAR BUSINESS The Bufords asked where do you measure a stump from? Mr. Flanagan stated we should at least say where it’s measured from. Measurement shall be taken at the point just above the attachment of the lateral roots. Definition from where the stump shall be measured should be on page 22. (LOC 55.02.125) Mr. Flanagan read the definition of stump: Measure 2 inches above the root crown. Ms. Roth – started at “s hall be considered prime facia evidence. Section 55.02.042 – Type I removal permit. Section E(b) talking about cottonwood, poplar, fruit, non native, etc. If any size of these trees are allowed by ordinance to be removed without a permit, why are there any permits required? Mr. Buford asked how will you prove that people taking trees out without a permit, that they aren’t lying about the type of tree they remove? Mr. Flanagan replied we’re going to trust them and then if a neighbor comes in and can prove that they removed something other than what they said, they’re in violation. Mr. Buford asked if it’s going to be stated that way in the code? Mr. Buford asked in Section 55.02.020 – if a tree visibly forks below 4.5 feet and it is measured at the lowest point before the fork. What is to keep the property owner from trimming one fork, as there would still be one tree remaining? City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 2 of 4 Minutes of February 24, 2003 Ms. Ingalls stated that would be illegal removal. Mr. Buford asked why would it be illegal? Ms. Ingalls replied that you’d be removing a large portion of the tree canopy and that isn’t allowed. Mr. Buford noted usually one of more of those trunks are rotten. Mr. Flanagan noted there again that’s where the City Arborist would come in handy, since they could interpret the code on a case by case basis. Mr. Buford noted that his neighbor has a similar situation, where he pruned part of the tree, but now he has to take the entire tree out only a year later. Mr. Flanagan asked about the double trunked tree that went to court, the City was calling it one tree, he was calling it two trees. Section 55.01.020 says the purpose of this chapter is to regulate the removal of trees, and avoid damage of trees during site development. Mr. Buford asked for a discussion of how the public perceives the code. Mr. Flanagan stated that we’ve welcomed feedback all along with this process. Ms. Roth stated we don’t yet know what kind of final report we’re going to wind up with. Whether the Council will want a report in addition to this, I wo uld like to see an explanatory statement. Mr. Buck noted that the goal is to simplify the code so it wouldn’t seem capricious, Ms. Rybowiak noted at the end, we want to spell everything out in the end product. Ms. Roth agreed that people have voiced co ncerns over being heard and making a difference in the code. Mr. Flanagan noted we didn’t summarize each concern we heard. III. MINUTES Mr. Flanagan moved to approve the December 17, 2002 and the January 27, 2003 minutes as presented. Ms. Rybowiak seconded. City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 3 of 4 Minutes of February 24, 2003 IV. REGULAR BUSINESS The TF reviewed the letters sent in by residents. Mr. Flanagan noted that it’s not the homeowner in Lake Oswego who is responsible for the tree canopy being reduced. He noted that there is a reasoning that goes on, oh, this is Lake Oswego, you can afford it. He noted that it’s very frustrating trying to get a tree cutting permit here, since he’s currently going through it. A big part of the frustration that adds to resident’s comments is the fact that the person helping them at the front counter, isn’t an expert. Mr. Flanagan noted that he’s disappointed in the fact that when people want to take a tree out, it shouldn’t be a major procedure for them to do that. Ms. Roth argued that in unincorportated Clackamas County, there are people who are clear cutting their property, then asking for annexation to the City. Mr. Flanagan noted that we allow development to clear cut, but we don’t allow a citizen to take down a tree in their yard. We still haven’t fixed the code problems yet. Have we made the code flexible enough for an Arborist to put in place? Again, the point is, if the Arborist doesn’t get hired, and have the tree technical manual developed, we will actually lose our tree canopy. Ms. Roth asked how many more sessions does the Council want to have with us? Ms. Ingalls replied that on the 3rd she will go to the Council worksession with Mr. Pishvaie. Mr. Flanagan noted that they want two staff people there, rather than one of us. You should have a task force member prese nt at any meeting before Council. A discussion ensued regarding the funding of an arborist and the task force is still very adamant that we get one. Ms. Ingalls noted that the hazard tree definition seems to be confusing to people. Ms. Roth noted the infill task force’s impetus for reviewing neighborhood regulations. She discussed the problems that it is having in coming up with regulations on infill and how you handle larger homes on the smaller lots, when they’re located near older homes as in the Old Town Neighborhood. City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 4 of 4 Minutes of February 24, 2003 V. ADJOURNMENT The next meeting was scheduled for March 4, 2003. There being no further business, adjourned the meeting at 8:25 p.m. Respectfully submitted, Sandy Ingalls, Code Enforcement Specialist L:\treecodetaskforce\minutes\02 -24 -03_draft.doc