HomeMy WebLinkAboutApproved Minutes - 2010-07-10 SpecialCITY COUNCIL SPECIAL MEETING
MINUTES
July 10, 2010
Mayor Jack Hoffman called the special City Council. meeting to order at 10:07 a.m. on July
10, 2010, in the City Council Chambers, 380 A Avenue.
Present: Mayor Hoffman, Councilors Hennagin, Johnson, Jordan, Moncrieff, Olson,
and Tierney.
Staff Present: Alex McIntyre, City Manager; David Powell, City Attorney; Robyn Christie,
City Recorder;
3. STUDY SESSION
3.1 Public Input on Second Look Task Force Report
Mayor Hoffman thanked everyone for attending this third listening session relating to the Second
Look Task Force report. He reviewed the public process still to come, noting the several public
hearings and other many opportunities for citizens to give input. He explained the testimony
procedures and time limits. He went over the rules of decorum that would help maintain the City
Council Chambers as a forum for civil public discourse and promote an atmosphere that was fair,
courteous, and respectful of different points of view.
• Jim Labbe, Audubon Society of Portland, 5151 NW Cornell Road, Portland
He stated that he was here on behalf of the Audubon Society (with over 500 member households
in Lake Oswego) and the Tualatin Riverkeepers. He submitted a four-page memo listing additional
specific comments relating to the Task Force recommendations (q.v.). He spoke of their concern
at how the City would flesh out the details of changes to provide flexibility (asking how the City
defined that) that would reduce unnecessary burdens, and still maintain the protection of natural
resources. He commented that the increased reliance on technical review and on the good faith of
individuals was a concern to the Society. He mentioned their strong opposition to rolling back any
of the existing uplands or riparian protections. He indicated that their paramount concern was that,
at the time of a development application submittal, the only thing protecting a resource was what
was in the Code.
• Judith Werner, 4266 Woodside Circle
She read from a prepared statement (q.v.). She stated her strong support of the Task Force
recommendations for protecting resources with more backyard flexibility. She argued that self-
regulation did not work because self-interest took no thought of others. She indicated that she was
a 40 -year Lake Oswego resident who now lived in a condominium on a stream corridor, which
natural resource increased the property value of the condominiums. She asked the City to address
the existing lake pollution problem. She mentioned the survey that found that 8 out of 10 residents
agreed with the continued protection of natural resources. She contended that the community
working together to achieve the best quality of life possible for the greatest number of people was
in the self-interest of all.
• Kent Myers, 13580 SW Goodall Road
He indicated that he was a 47 -year resident. He argued that the City has gone too far in trampling
on the right of private property owners as described in the U.S. Constitution, Fifth and Fourteenth
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July 10, 2010
Amendments. He expressed his concern that, with people losing money in this current recession
and property values plummeting by 40%, the City was now putting `shadows' on properties that
made it difficult to sell property at all.
He recounted a story from his days at Willamette University when the police identified a thief in his
fraternity by the purple fingers that the thief displayed from the dusting that the police had given to
several billfolds. He contended that, in many cases, the City was stealing citizens' properties, an
accusation that he was comfortable making because he knew the difference between a discussion
and a moral transgression.: He indicated that he would look for purple fingers during the Council
Note. He commented that he did not think that there was any efficacy in this project.
• David Beckett, 17738 Kelok Road, Three Rivers Land Conservancy/Columbia Land Trust
He stated that he has lived in Lake Oswego for 26 year, and owned a half -acre lot with three dozen
very large trees. He submitted his comments in writing (q.v.) He argued that the Sensitive Lands
program increased property values in Lake Oswego, citing a study done by a Reed College
professor. He mentioned the Columbia Land Trust's work with conservation easements and the
Backyard Habitat Program. He spoke in support of giving special consideration to those few
properties highly constrained by the Sensitive Lands program.
• Julie Russell, 1150 Shukart Lane
She indicated that she has lived here for 21 years. She described her half -acre plus lot in the
planned neighborhood development of Palisades Terrace, which included open space, a woodsy
area on a hill, and plenty of wildlife. She indicated that she had no problems with restrictions on
the natural back portion of her lot but she saw no sense in designating the entire lot as a tree
grove, as her 3400 square foot house and other developed residential elements occupied the front
portion of the lot. .
She stated that she was not against the City's efforts to protect resources but she was concerned
that the City do it correctly. She recalled informing the City10 years ago during the first round that
her property designation was wrong because there were no trees around her house. However, the
City informed her that it wanted to keep her whole lot as a natural resource inventory item and
denied her request, while giving her a copy of LOC 48.17.15, which exempted her from the
restrictions on her lot.
She asked why the City maintained a tree grove overlay on a private citizen's whole lot when there
was no tree grove. She said that she wanted this wrong designation changed but staff told her that
there was an $800 fee to file a map correction. When she protested, staff told her to wait a while,
as the situation would likely change. She asked if there was a fee or not. She asked why the City
had tree grove restrictions in a planned neighborhood development if it allowed exemptions from
the restrictions. She indicated that these things did not make sense to her.
She argued that the City did not need to regulate everything that people were doing in their
backyards in order to maintain the environment and the beauty of Lake Oswego. She asked why
private property owners should pay taxes if the City intended to regulate their backyards. She
asked the Council to develop a more flexible policy and to make sure that its maps for regulating
properties were correct.
• Adra Barlow, 2 Buckingham Terrace
She indicated that she and her husband were 21+ year residents and small business owners. She
read from her prepared testimony (q.v.). She described her work as a volunteer. She mentioned
that they received no information about possible property restrictions at the time they purchased
this home in Westridge. She said that later they learned that the City proposed their entire
property, except for where the house sat, as a Sensitive Lands overlay because it sat adjacent to
another private property with undeveloped hillside.
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She stated that she did not believe that the City should be putting restrictions on any privately
owned lands. She held that the restrictions were arbitrary and not applied equitably throughout the
City. She expressed her frustration that the Mayor and the Council were not listening to the
people, as she expected the City and public servants to listen to the residents. She spoke in
support of a voluntary program.
Bob Eidson, 14825 Rainbow Lane
He reported that he spoke with Metro informally. Metro staff told him that Lake Oswego was the
most restrictive community with regard to land use control and sensitive lands. He cited the staff
person's comment that one could not eat a pig all in one bite, that one started with the bacon and
ended with ham hocks. He commented that he thought that that pretty well described what was
going on here.
He expressed his appreciation for the Council listening but asked why there was no feedback to
the public that would allow citizens to address any remaining Council concerns. He asked why the
City went so far beyond the existing code, as Metro staff told him that there was no justification for
doing so. He said that Metro staff told him that it was okay to apply these restrictions solely to
public lands.
He asked why the confusion between streams, gutters, and trickles. He asked why the City has
not conducted a survey of affected properties or of citizens to find out what the actual opinions of
the people were. He asked why First Addition and Lake Grove were exempt from the program, as
both areas had plenty of trees. He stated his view that there was no justification to selectively call
a group out and ignore other groups that fit the same criteria.
• Betty Buford, 5 Camelot Court
She stated that she was a member of the Audubon Society and trained in the Backyard Habitat
Program. She commented that the reason why that program was so successful was that it was
voluntary, and not regulatory. She informed the Council that if the members thought that the
citizens would go home and shut up after these listening sessions, they would soon realize that this
was only the beginning. She mentioned that at least one City Councilor understood the discomfort
of having a proposed Sensitive Lands overlay designation on her property because that Councilor
told her and her husband of her relief upon finding out that she did not have the designation.
• Denny Hageman, 17841 Cardinal Drive
He indicated that he has lived in Lake Oswego for 18 years. He mentioned that a voluntary
community organization to which he belonged has maintained an aeration system for the past 12
years to protect the water quality in the Blue Heron Canal. He commented that voluntary
participation was important in protecting the environment.
He stated his agreement with all comments in opposition to this 'draconian' legislation, which he
characterized as continued government intrusion on private property and property rights. He
commented that it was unbelievable how the current regulations as written suggested that the
affected property owners did not have the intelligence or responsibility to protect their personal
habitat.
He discussed the financial risk that the City ran in taking people's properties, citing the U.S.
Constitution, Fifth Amendment. He read a series of notes from the court rulings against
government takings and on behalf of the property owner (Notes 204, 209, 223, 226, 229, 245)
clarifying various points about takings, just compensation, and inverse condemnation (q.v.).
• Robert L. Naumann, 18300 Bryant Road
He stated that he has lived here 37 years. He read from his prepared testimony (q.v.). He
characterized the Sensitive Lands Ordinance as unfair and expensive to property owners who
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July 10, 2010
wanted to remove trees. He supported the City managing its open spaces. He argued that wildlife
fences did not confine children or dogs. He questioned how many people would plant trees once
they realized the possibility of the City declaring their property a resource area if they did plant
trees. He held that earlier citizen participation would have resulted in less community conflict and
higher government credibility.
• Gary Buford, 5 Camelot Court
He referenced the ESEE analysis prepared by Metro in March 2004 that presented potential
regulatory prograr options and tradeoff. He -indicated that Metro prepared this document when
people protested its method of protecting property. He contended that Metro's definition of protect
meant to reduce or to take away private property rights, and that an ESEE analysis was the
process a government used to rationalize its desire to protect land, or to reduce private property
rights. He referenced the argument that the Foothills District, while it was a flood plain, should not
be protected because it was economically more beneficial to develop it.
He reviewed the major headings of the ESEE analysis, which he indicated was available from
Metro. He commented that the acquisition options were all high cost options that the City did not
have the money for, given that it was spending $1 million down in Foothills. He mentioned
restoration activities, restoration grants, habitat education, information resources, tax incentives,
technical assistance program, and volunteer activities.
• Bill Gaar, 16872 Quail Court, Natural Resources Advisory Board (NRAB) Co-chair
He presented a letter from the Board, including a list of 22 recommended changes to the Task
Force report (q.v.). He indicated that the Board reviewed the Task Force report line -by-line and
unanimously supported the report. He explained that their recommended changes focused on
flexibility and discretion within the Sensitive Lands overlay. He observed that the Board did have a
bias on this issue, given its role as an advocate for Lake Oswego's natural resources.
• Elaine M. Burke, 16121 Nola Court
She read from her prepared testimony (q.v.). She stated her support of the City's Sensitive Lands
program, the Task Force report, and the Audubon Society/Tualatin Riverkeepers' testimony. She
reviewed her degrees in ecology and studies in environmental physiology that gave her an
informed perspective for her support of natural resource protections through the overlays.
• Bonnie Grey, 14855 Twin Fir Road
She presented graphics of her one plus -acre property with a creek and trees in the backyard, on
which she has lived for over 50 years. She stated that, under the overlays on the map, they could
not do anything with their property, nor could they sell it. She described how that the City's efforts
to restore the creek in 1997 have turned a desirable property into a very undesirable property by
turning a deep creek into a shallow creek that has eroded 10 feet of their property and engulfed
trees. She presented photos of the erosion, noting that, under the regulations, they could do
nothing about the creek except watch it erode away more and more of their property, while waiting
over the past three years for the City to keep its promise to fix the creek.
She mentioned the culvert that the City installed on their property going under the street. She said
that it was the City's responsibility to maintain the culvert at five feet deep, yet it was at three feet
deep and the water spilling over eroded more of their property. She indicated that she did not have
confidence that the City would restore the creek to the state it was in when she was younger and
was deep enough for fingerling trout and crawdads.
She reiterated that she could not sell her property like this. She commented that they had trusted
the City with respect to the sanctions put on the property. She mentioned that, when the City fixed
the creek and made it worse, it added more trees without asking her permission as the property
owner. She asked what they were supposed to do.
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July 10, 2010
• David Str iff, 18355 Lothlori n Way
He observed that few people have heard of the Sensitive Lands Ordinance: of those who have,
most had an erroneous understanding of what it meant. He commented that it was difficult to
educate everyone, and yet it was critical to make sure that the people understood the ordinance.
He mentioned the program's lack of environmental data monitoring water quality and the lack of a
fish and wildlife census.
He discussed the unfairness aspect of the program. He presented an aerial photo of his property
that gave the erroneous impression that his backyard was entirely forested; it did not show the
deck, hot tub, and patios. He commented that when one looked at properties from the street, it did
not make sense that one property was designated on the map, and the next apparently identical lot
was not.
He referenced the property owners' comments of the damage to property values caused by the
Ordinance. He commented that he would like to see those speaking from an environmental
perspective volunteer their properties for overlays. He quoted from John Wood, who said, "If you
don't have time to do it right, when do we have time to do it over?" He speculated that anything
voted on on July 20 would have to be done over.
• Lauren Hughes, 18711 Westview Drive
She stated that the City has unnecessarily and mistakenly proposed her 25 -year old residential
property (developed and undividable) for a Sensitive Lands overlay. She indicated that her overall
input was that the Task Force recommendations missed the point. She argued that the Task
Force's charge did not address the heart of citizen concerns, and therefore, any comments on
tweaking the program were not productive in this contentious situation that needed real solutions.
She commented that it was unfortunate that this sensitive lands issue has become so contentious,
as they had common ground as Lake Oswego citizens who cared about natural resources and the
beauty of the community. She alleged that there has been an effort to paint those with concerns
about the program as right wing extremists intent on undoing all environmental regulations, which
she described as divisive and unhelpful nonsense. She contended that they needed solutions and
an acknowledgment that all citizens in the community had equal rights and equal value, no matter
where they lived, what their political views were, or how long they have lived in the community.
She spoke of treating each other in a more respectful and neighborly way.
She indicated her confidence that there were solutions, but noted that it would take all Council
members working together and on behalf of all homeowners to reach them. She argued that until
there was a program that made sense to property owners, was fair and equitable, and did not
involve politics, privilege, economic development, and zoning trades and games, the issue would
not go away. She commented that she has noticed that the momentum and concern has been
building over the last year, given a handpicked task force, a rushed vote, 63 recommendations that
missed the point, and recruiting the Audubon Society to attack concerned citizens. She
emphasized that this was a personal issue with the government trespassing into people's
backyards.
She urged the community to stop the political nonsense and work together on real solutions that
satisfied Metro, protected the community's real natural resources, and insured a fair program that
valued all property owners. She commented that one test of this program would be whether the
Council members would want the Sensitive Lands program applied to their own personal
properties. She argued that when each Council member was not alarmed about having his/her
personal property designated as sensitive lands, then perhaps the Council will have developed a
program that would garner community respect and support.
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July 10, 2010
• Emma Lee Weibel, 2020 SW Carman Drive
She said that she and her husband had a 2.5 -acre lot with the back portion covered in trees, which
her husband planted in 1953 and maintained all these years to the point where they were now too
large to cut without a permit. She indicated that their maintaining that portion in a largely natural
state was the reason the City gave them for requiring it to stay that way. She explained that the
overlay, while not on the whole property, was sufficient to ruin the value of the property. She
spoke of their need to take care not to invade the overlay with forbidden activities because Big
Brother was monitoring to prevent a property owner from invading his/her own land.
She mentioned that a tree recently fell on the land and missed a house in the development next to
them by inches. She suggested that making people maintain trees in a certain area was not
always a great thing. She argued that no one should be required to maintain their land so that the
rest of the community could enjoy the view and the wildlife when others were not required to
contribute to that maintenance; if the community wanted the land for its benefit, then the
community should buy it at market value.
She emphasized that they had no plans for developing their land partly because of their 50 -year
old business. She contended that the City's proposed action amounted to cruel indifference to the
personal needs of the citizens, given this environment in which many elderly people lost significant
portions of their retirement savings in the stock market. She stated that it has been demonstrated
beyond question that this scheme detracted from the monetary value of the land. She held that
sensitive lands increasing the value of the land was not a reasonable argument coming from a
condominium owner because the land circumstances were very different for condominiums.
She mentioned several other already demonstrated statements, including that not everyone with
sensitive lands was being subjected to the harsh regulations, that this action was not necessary to
satisfy the State or Metro, and that the City's choice of certain riparian lands over other riparian
lands was capricious and unfair (though not without reasons).
She described those pushing this reform as shameless in their willingness to go ahead with
something that was illogical, not environmentally sound planning, and discriminatory. She
commented that the most offensive action was the City's belief that the citizens would be stupid
enough not to notice what it was doing if it framed it in the right way. She stated that she has run
out of patience and was at a loss for arguments for logic and fairness. She mentioned that
environmental effectiveness was not an argument that appeared to get the Council's attention.
She said that she knew now that this plan has been long in the making on the part of some Council
members, who knew that they could not win their position if they campaigned on this plan. She
alleged that even now the City was keeping this plan quiet and notifying only those necessary,
leaving those affected and the rest of the community largely unaware of this plan and so shocked
upon learning of it that they could scarcely be convinced it was happening.
She asked why the Council believed that its actions would be admired by future citizens if the
citizens today did not admire or respect this plan.
• Joel Christensen, 18311 Lothlorien Way
He indicated that he has lived on this property for eight years but it has been in the family for forty
years. He stated that, over the last 30 years that he has witnessed the property and those
surrounding it, he has found nothing to suggest that anybody has done anything but take care of
the land in a pristine way. He said that he was personally offended by the suggestion that private
property owners were not good stewards of the land.
He referenced the comment about studies and the value of homes. He indicated that, while the
statement that a tree canopy and natural areas improved the value of homes was accurate, he has
read many of those studies and drawn two conclusions from them. First, most studies were done
around public land and its impact on private land. Second, the studies noted that there was a
threshold where the canopy level was so high that it started to decrease the value. He indicated
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July 10, 2010
that the optimal percentage was around 45% to 46%. He noted that Lake Oswego's canopy was in
the 60% range. He argued that with its current tree ordinances, Lake Oswego far exceeded the
optimal canopy coverage already and was at a level where the canopy was detrimental in and of
itself.
He indicated that none of the studies that he read had any data about any property actually
designated as sensitive lands and the designation's impact on value. He referenced the testimony
from several individuals over the last year of direct and measurable property devaluation because
of the designation.
He stated for the record that he opposed this program. He mentioned the two reasonable options
that he saw before the Council. One was to drop this proposal and return to the current
ordinances. He commented that he has seen no data indicating that those ordinances were not
effective in keeping Lake Oswego at the forefront of conservation, and he has seen no degradation
on his property in 40 years. The second option was to apply the Ordinance to every property in
Lake Oswego, because that was fair. In that case, it would not matter in a common vote of the
whole city whether people were for or against the designations because everyone was treated
equally.
• Dianne Cassidy, 18280 Indian Creek Drive
She indicated that she had no sensitive lands on her personal property but the Bryant Woods
Neighborhood Association did on its common land. She commented that she had not intended to
speak today but was inspired to do so by the many inaccuracies stated by the Audubon Society
representatives. She referenced their comments that "without sensitive lands protections, the
resource would depend on the good faith of all individuals," "the resource is only protected by what
is in the Code," and "self-interest does not work."
She argued that all they had in a society was the good faith of individuals because government
could not police enough for everyone who would rebel against regulations, whatever they might be.
She said that she did not know where this distrust came from to say that without regulation, people
would destroy their own properties, an argument that she characterized as insane.
She argued that codes protected nothing, people did. She stated that the residents cared better
for the Bryant Woods common area than the City did for public lands. She indicated that they have
cleared invasive species and replanted native species with no regulations or code forcing them to
do so. She commented that she took good care of her backyard because it was in her self-interest
to do so. She contended that self-interest was the only thing that worked, citing the beauty of Lake
Oswego today as evidence of the effectiveness of self-interest.
She held that the worldview suggested by defense of the regulations and belief that the
government should be more involved in citizens' lives ignored the truth of human nature. She
argued that appealing to self-interest would get the City further in where it wanted to go. She
stated that, in the 34 years she has lived here, she has never seen such regulatory overbearance
and intrusion into people's lives as this Sensitive Lands overlay, for which she saw no justification.
She commented that if the Council sensed disrespect from the public, it came from the City's
disrespect of the public.
• Tom Zinser, 17920 SW Westview Road
He mentioned that he has lived in Lake Oswego for 43 years and built a house in the middle of the
woods. He indicated that, as a member of the Oregon Small Woodland Association, he was fully
aware of how to take care of trees on his 7 -acre lot. He recalled that, at the time he purchased the
lot from Herb Kruse, the Palisades neighborhood was under development.
He discussed his concerns regarding the City's notification of his property's designation as
sensitive lands. He mentioned that he actually threw the little card away without reading it because
he did not recognize the new logo and it was small print.
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July 10, 2010
He contended that what staff called `housekeeping' were actually amendments to LOC 50.16. He
pointed out that the document has grown from an original 19 pages to 60 to 70 pages. He
commented that he has never seen a printed copy of the document, but instead he had to
download all the amendments online. He described this as a shame, given the severity of the
Code.
He noted that, although he has attended most Planning Commission and City Council meetings on
this issue, he has never seen anything addressing the larger parcels of land. He asked what he
was supposed to do if the City imposed an overlay on his land. He indicated that he had two acres
dedicated as a garden and a recreational area and another three acres for his house site from
which he has cleared all ivy and blackberries. He said that he has not had time to clear the brush
from remainder of his acreage, and it was a fire danger.
He commented that the brochures and conversations generally spoke of protecting all the land,
and not of protecting a little section in one corner of Lake Oswego. He argued that it did not make
sense to pick out 400 or 500 homes when 30,000 people lived in the community. He expressed
his regret at having been a tree hugger and a greenhead.
• Vickie Bednark, 2681 Rivendell Road
She asked for disclosure of a list of the 500 Audubon Society member households in Lake
Oswego. She mentioned her attendance at the various meetings on this issue and her research
into what the rules and regulations meant. She stated that she found it shameful that 40 -year
residents had to try to justify their rights and privileges as citizens.
She said that she was shocked when the Council (and she voted for many of the members)
thought that the citizens voting for them meant that they had the right to go into someone's
backyard and take away their rights. She asked the Council members to think about who they
were and what they were doing in this situation.
She questioned the statement that their intent was to protect sensitive lands when the regulations
did not touch major bodies of water in the city. She described what she saw as capricious and
unfair selection of one property over another with terrible consequences to those impacted. She
suggested that the person who listed her academic accomplishments volunteer to make her
property subject to these deed restrictions.
She urged the Council members to think about who they were and what they were doing. She
described them as the stewards of the city and protectors of the funds that the taxpayers gave
them to spend. She applauded the City for the transformation of the downtown into something
beautiful, but reiterated that this proposed action was not right.
• Art Scevola, 1454 Glenmorrie Drive
He said that he has lived here since 1993. He held that the primary issue was the reduction of
some citizens' use and enjoyment of property and its value to the exclusion of others, which was a
property rights issue. He commented that he had nothing to say about the micromanagement
inherent in these recommendations because they did not matter. In referring to the loss of property
without compensation, he quoted from Benjamin Franklin: "When you're willing to trade your liberty
for security, you will have neither."
He encouraged people to read his comments and Shannon Berlant's comments from the June 30
meeting. He commented that Ms. Berlant asked the right questions and that people needed to
understand those questions. He mentioned his use of the phrase 'wax paper taxpayer,' which
referred to a citizen who was just living and acting right but, when heated up, he/she broke.
He suggested to the Council that the citizens would take action to prevent the implementation of
these recommendations if the Council passed them on July 20. He contended that their petition
would succeed because there was a sentiment in the city running 9 to 1 against the Sensitive
Lands Ordinance, as demonstrated by the testimony heard today. He commented that the citizens
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July 10, 2010
had the right and ability to turn this around at the ballot box by voting against those supporting this
program.
He read a principle practiced by Rotary Club members: "For everything that we say or do, there is
a four way test: is it the truth: Is it fair to all concerned? Will it build good will and better
friendships? Will it be beneficial to all concerned?""
• Aimee Corso, 18323 Lothlorien Way
She indicated that 75% of her Westridge Neighborhood property (28 -year-old single-family home,
undividable lot) was proposed for designation. She explained that it had a sloping backyard with
an upland tree grove. She asked the Council to hear what the citizens were saying and to take the
time needed to resolve this issue in a collective and harmonious way.
She mentioned that her profession was public relations. She noted that the City has finally begun
to communicate in the last month, citing the postcard that she received as the first thing she has
gotten on sensitive lands. She observed that the City should have started its communication
efforts a long time ago in order to achieve effective communication with the residents. She advised
the Council that, if it passed this program, even with the recommended changes, it would have a
big public relations problem on its hands, as this was not what the community wanted.
She mentioned that she was a new resident and the target demographic of a young family that the
Council wanted to come to Lake Oswego. She stated that they moved here for the schools, the
environment, and the opportunities that the city offered. She commented that she represented the
young family point of view, as many young families could not be here today.
She indicated that she was a staunch environmentalist, yet she wondered whether this was the
right thing to do for the environment. If it was, should it be applied to all properties? She said that
she could quote her degrees too but any environmentalist would say that applying a sensitive lands
program sporadically did not improve the entire ecosystem. She held that her trees were no more
valuable than the undesignated trees around the corner.
She pointed out that property values followed the same pattern of involvement in one system. If
the property value on her land went down because of the tree grove, then that devaluation
impacted the property values of undesignated lands in her area. She mentioned that the aerial
photograph gave the impression that she had a forest in her backyard instead of a deck and a
trampoline. She argued that they could do this in a less stringent way that did not impact property
values.
She mentioned her sense from the beginning that this has been a `check the box' activity by the
Council. She applauded the creation of the Second Look Task Force, but described the process
following its presentation of its conclusions as "rushed" with citizens having only a week during the
busiest time of the year for young families to make comments before the Council vote. She asked
the Council to take the time to work with the citizens so that these regulations could be enacted to
protect the environment and restore the great community that she moved here for.
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• Gary Gibson, 19 EI Greco
He mentioned that he and his wife have lived 25 years on this property now designated as
sensitive lands. He commented that, although he had not intended to testify again on this issue,
he felt compelled to after hearing some of the earlier testimony. He indicated that three of the five
homeowners on his street with designated sensitive lands moved in after 1998 and were unaware
of the designation on their property until his wife told them recently. He reported that, now that
these neighbors understood what the designation meant, he could predict that none of them would
vote for any City Council member voting for any sensitive lands ordinance that did not make the
property owner the first consideration.
He referenced the Reed College professor's study. He indicated his understanding that the
professor concluded that trees added value to properties in North, Northeast, and Southeast
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July 10, 2010
Portland because these areas did not have many trees. However, adding more trees to the
already abundant tree count in Northwest and Southwest Portland devalued the property. He
noted that Lake Oswego was more like Southwest Portland than Northeast Portland.
He referenced the survey, as he had been one of the 400 respondents. He described the
questions as generic and wondered why the response had not been 10 out of 10 wanted to
preserve all the natural resources in Lake Oswego. He noted that the survey did not ask the
question of whether the citizen wanted to restrict private property ownership. He speculated that 9
out of 10 would not have supported that.
He mentioned the credentials brought up earlier. He cited his own credentials as a lawyer, noting
his 40 plus years experience in investigation and application of the law. He stated that this was not
a matter of zoning, but rather a taking of private property, which was wrong and unfair.
Mayor Hoffman recessed the meeting at 11:47 a.m. for a break. He reconvened the meeting at
11:58 a.m.
• John Hedlund, 240 SW Birdshill Road, Portland, Clackamas County
He read from his prepared testimony (q.v.). He described the properties that his family members
owned in the Birdshill area for over 50 years. He stated his support for the position of the Lake
Oswego Stewards. He agreed that Lake Oswego had an abundance of trees because of the
property owners' values and not because of regulations. He agreed that property owner rights
were more important than the occasional cutting of trees. He agreed that the ordinance, with
regards to tree groves, was a penalty taking from those who have maintained these lands. He
asked what was wrong with the way the City did it before the creation of this Ordinance. He
encouraged the Council to make the regulations less burdensome, and possibly to abolish them
and start over.
• Jack Sullivan, 17660 Stafford Road
He submitted written comments (q.v.) telling the story of his property and his unsuccessful efforts
to annex to the City for 19 years, per the City's requirement that he annex in return for its provision
of water to his property in 1988. He commented that the City's request three years ago to annex
his property in order to avoid creating an island during the Luscher Farm proposed annexation
caused he and his wife some concern regarding the City's reliability. He mentioned their desire to
develop their property and annex to the City but they were concerned about retaining access to
one of the five possible lots. He commented that they wanted to support the process but they
wanted it done right.
• Michael Buck, 3155 Edgemont Road
He indicated that three-quarters of his property was encumbered with an RP overlay and buffer
zone. He encouraged the Council to avoid the dualism of both the environmentalists and the
property rights advocates in looking at the situation as black and white. He described the Council's
task as finding the middle ground.
He commented that the testimony today indicated the need for education. He mentioned the
Urban Forest Institute's statement that Lake Oswego had 44.4% tree canopy, and not the 60%
mentioned earlier. He suggested including that fact in the Metro compliance package.
He mentioned that he would like to hear what the Mayor and the Councilors learned after these
listening sessions so that the citizens could see how much the Council has moved from its starting
position in response to citizen concerns. He commented that he knew that there was not much
that the City could do with the RP (resource protection — riparian areas) but it could move on the
RC (resource conservation — tree groves). He supported the Task Force's concept of watershed -
based management.
City Council Special Meeting Minutes Page 10 of 18
July 10, 2010
He referenced the Lake Oswego Stewards' representative's comments that things did not go
wrong on private properties. He stated that he knew of four things that went wrong in the last three
months. However, since regulations did not stop those actions, a strictly regulatory program was
probably not the solution; they needed education in order to do better with the land.
He argued that the community could do a much better job on handling the invasive ivy on both
public and private properties if it valued the land as significant and unique. He held that that took
education and working together. He suggested assembling groups in the different watersheds to
discuss how best to handle a watershed management approach.
Tom Zinser, jr., 18244 Bella Terra Road
He argued that the Council and the Mayor needed to take responsibility for this decision. He
indicated that he has spoken with the Mayor and several Councilors and heard comments that this
was passed long ago and that they could not change anything. He stated that he did not believe
that, and held that the Council could change previous legislation.
He gave an example of the sentiment of the City towards the citizens. He cited his father's
conversations with Planning Director, who responded to his specific and looking for answers
questions with a suggestion that he file a lawsuit. He argued that when the City took someone's
property value, it had to compensate for that taking. He commented that it was not paying property
taxes in the future, but rather paying the taxes that his father paid over the years to make that
seven acres a forest. He mentioned an option of cutting the trees down and using the money from
the lumber to pay City fines.
He indicated that his father would not buck the system until the Council passed this. He agreed
with Ms. Buford and the petition that the City had no idea what would occur in terms of citizen
protects if this passed. He mentioned an argument that Councilor Moncrieff gave him, that nothing
was changing, as it was all simply housekeeping amendments.
• David S. Glass, 17288 Blue Heron
He described his property as massively impacted by the Ordinance. He indicated that he had
significant concerns because he has revised his earlier assumption that the City would make
reasonable accommodations to meet his needs in response to his later impression that the City did
not care about an individual citizen. He mentioned his feeling that the City planned to
commandeer his backyard.
He indicated that he had a lot of big trees on his property, which he has thought well of until last
year when two trees fell down with the smaller one almost taking out his house. He said that he no
longer trusted the trees, and that he lived in fear of what would happen with each windstorm. He
commented that he wanted to take down those trees with risk factors.
He mentioned that he needed to install a fence around his backyard because he had two large
dogs, but, based on the discussion so far, he doubted that the City would let him do so. He
commented that that would make him angry. He expressed his concern that these ordinances,
instead of being a reasonable land use proposal, were setting up a land grab. He concurred with
those earlier who did not trust that the City would handle this in an equitable fashion.
• Dan Vizzini, 13830 Verte Court
He pointed out that this was the end of one part of a process and the beginning of another part of
the process. He commented that the community needed to understand that whatever decision the
Council made on July 20 merely set in motion another public process. He noted that the Task
Force recommendations included some things that the Council could implement right away but the
policy items would go through a long, dynamic public process that would continue to evolve over
time.
City Council Special Meeting Minutes Page 11 of 18
July 10, 2010
He stated that he supported the Task Force report. He described it as balanced and attempting
(within strict confines) to address the issues that the Council wanted addressed. He spoke in
support of taking a watershed -based approach. He described the idea of applying the regulations
to all properties in the city, including public property, as `right on and fair.' He mentioned looking
for the public education process to develop a consensus around strict environmental regulations
that went beyond sensitive lands to discuss water management.
He expressed concern at the lack of financing in the plan. He commented that if the City wanted
every person in the community to be invested in natural resources protection, then they needed to
look at broad ba -ad ways of funding it: He mentioned that Lake Oswego had a history oi
supporting bonding for open spaces. He suggested pursuing market-based solutions, such as the
transfer of development rights and credits. He indicated that he had other ideas along those lines
that he would be happy to share in the future.
He commented that he thought that this could be a community-based solution if the Council began
to expand its thinking beyond the Sensitive Lands pieces to look at watersheds and property
owners in general.
Deanna Zinser, 17920 Westview Road
She mentioned that when she called the Lake Oswego Review to ask if a reporter would attend
this meeting, the person who answered the phone said "You betcha." She commented that the
attitude that she sensed from the Review and the City was that sensitive lands was an important
issue.
She stated that she resented what was being done to her husband as a result of this situation.
She recalled how he fought the surrounding development and how they sacrificed a great deal to
keep their property pristine. She argued that it was ludicrous that the City developed the property
all around them, and now wanted their private property. She mentioned her husband's extensive
knowledge of the Code. She commented that, with all the notes her husband has kept over the
years, he had the documentation to answer any question.
She contended that the reason why people wanted to live in Lake Oswego was not because of the
rules and regulations but because of people like her husband who have sacrificed to care for the
land. She mentioned that he did all the work himself because he enjoyed it but he would not enjoy
it if the City wanted his property for a park. She recalled a saying, "If you want the park, you have
to buy the park."
3.2 Council Comments
Councilor Tierney stated that on July 2 he prepared a 2.5 page outline of his thoughts, which
began with what he wanted to see. He mentioned gathering e-mail addresses today from citizens
bringing different perspectives. He spoke of taking a comprehensive approach, of which land use
regulations were but one component. Other components included involving all citizens and a
results orientation with goals and measurements.
He advocated for taking a watershed -based approach, which would combine the City's programs
together in an effort to improve the watershed. He held that this focus would actually do something
to protect the natural resources in the eyes of the community, Metro, and others. He commented
that, along with many other people who testified, he did not understand why any particular tree
grove was selected. He suggested that a watershed -based approach would enable a `defocus' on
upland tree areas not directly linked to the watershed.
He described a watershed -based approach as striking the middle ground of where the community
wanted to go. It would involve policy -level discussions that, while considering the incorporation of
Task Force recommendations, went beyond them. He indicated that the recommendations
tweaked the program but missed the underlying concern of the community.
City Council Special Meeting Minutes Page 12 of 18
July 10, 2010
He referenced the testimonies of several individuals who have proven themselves good stewards
of the land. He commented that, while he did not know how this would fit into a comprehensive
look, he wanted to make sure that the program did not punish these land stewards for not taking
advantage of their properties when other people were doing so.
Councilor Moncrieff concurred with everything Councilor Tierney said. She indicated that, given
that the RC (trees) designation was confusing, she wanted to look at removing it from private
properties with no associated water resource. She mentioned including consideration of slopes
and the City's current code language protecting steep slopes and the properties beneath treed
slopes. She pointed out that the City's current regulations did , of protect the resources in a
vacuum but instead protected the community, which included protecting the citizens.
She supported retaining the RC designation on all public lands. She suggested looking at
increasing the stream buffers on public lands only, as part of doing the best possible job they could
in protecting the high quality watershed resource on public properties. She mentioned including
already dedicated open space on private properties in this review.
She commented that not all resources were equal, which made it difficult to understand why a
culvert conveying runoff would have the same protection as a perennial stream. She spoke of
associating buffer sizes and regulations with the quality and size of the resource.
She pointed out that many of the Task Force recommendations would require financial resources.
She spoke of the Council looking at the budget for communications. She argued that the City
asking the citizens to participate in voluntary invasive species removal in the parks and along the
roadways required a financial investment and the work to communicate, coordinate, train, and
educate. She commented that the different Friends groups were a great resource and model for
the City's efforts.
She spoke to budgeting for the restoration and maintenance of the public spaces. She advocated
for individual evaluations of the few properties that were totally encumbered or severely impacted,
such as the Zinsers, the Weibels, the Greys, and the Salamies. She agreed with the Task Force
recommendations for code changes and the Metro model code definition, which would build
flexibility into the City Code immediately. She held that these changes would alleviate many
concerns about backyard uses mentioned by the citizens, such as trampolines or a vegetable
garden within a buffer.
She mentioned that she came to this issue from the perspective that Mrs. Buford alluded to
because, before she ran for Council, she received a notice that the City proposed her property for
sensitive lands mapping. She pointed out that the City had existing overlays and existing Code
(LOC 50.16) with regulations. However, the Council realized quickly that the regulations were too
rigid and too nebulous to give property owners confidence and security. She indicated that City
staff has been looking at how to improve the Code to make it an incentive and not a burden to
citizens. She spoke of changes that would make having a Sensitive Lands overlay not something
to be feared but rather something that would enhance the quality of the property.
She indicated that, when she received her notification of proposed mapping, she called a staff
planner who came out to her property to evaluate it. While the planner's evaluation on the ground
found no resource on her property, she could understand the citizens' concerns and questions, as
it was difficult to see why one property would have a resource and the neighboring property not
have a resource. She spoke of the importance of making the designation criteria understandable
to all property owners, and of including a designation appeals process that was easy to use and
understandable.
She commented that ultimately the Council wanted a code that protected the resources, that the
community did not fear, and that the whole community embraced. She argued that they should all
want the designation voluntarily if the overlays were not unduly burdensome. She recalled owning
property in Milwaukie with overlay restrictions, which she had not found burdensome or hurtful in
selling her property. She agreed that it was not a black and white issue. She described the Task
City Council Special Meeting Minutes Page 13 of 18
July 10, 2010
Force recommendations as going a long way in building flexibility and reasonableness into the
existing code. She mentioned the Task Force's suggestions about taking a watershed -based
approach and educating the community on the purpose and importance of regulations while
encouraging volunteerism at the same time.
Mayor Hoffman observed that this public process has been going on since February 2009. He
said that he started with the concept that no parcel of land was an island. He commented that the
purpose of zoning was to insure that one owner's use of his/her property did not have a significant
detrimental impact on another ow: gar's use of his/her property; which provided predictability.
He described the Task Force recommendations as `spot on.' He suggested sending the immediate
Code fixes, which Ms. Frisbee identified in her June 14, 2010, memo, to the Planning Commission,
as Mr. Vizzini suggested. He supported the staff and Task Force recommendations mentioned by
Councilors Tierney and Moncrieff for a no fee process. He mentioned that there were also
medium-term fixes (the lands entirely designated with an overlay) and long-term fixes (a
watershed -based approach and a focus on public lands).
He commented that, over the past 18 months, he has consistently viewed this as a Comprehensive
Plan issue. He stated that he took responsibility as Mayor to insure the City's compliance with the
Comprehensive Plan, State statutes, and City Code. He noted that the Comprehensive Plan had
24 pages directing the City to protect tree groves and the wooded character of Lake Oswego. He
argued that if the community wanted to change that community value as expressed in the Plan,
then it needed to do so in connection with the Comprehensive Plan update. He indicated that they
could do it either during the periodic review process or as a post -plan amendment.
He mentioned the clear goal posts set out by Metro to regulate riparian lands through mapping and
regulations. He noted that the basis of Goal 5 was inventory and developing a program to protect
resources. He indicated that he has heard loud and clear that regulation of backyards caused
property owners angst and burdened them. He stated that Metro's Title 3 required backyard
regulation if there was a creek in the backyard, but it did not require regulation of backyard tree
groves. He said that he was comfortable with Councilor Moncrieff's suggestion to re-evaluate the
inclusion of small, isolated tree groves not connected with riparian areas, as he thought it would
help relieve many of the backyard conflict issues.
He agreed that they needed to rethink the restrictions on what people could do with their property.
He supported the Task Force recommendations to allow structures and uses that did not require
building permits, such as garden structures, sheds, and play structures. He agreed that the City
needed to be more flexible in response to the people's requests. He held that they could be true to
the Comprehensive Plan, allow protection of significant resources, and allow people to enjoy their
property.
He mentioned also hearing loud and clear the need for a purposeful and consistent outreach and
communication program because people were not getting the information. He recalled that when
he talked to property owners, he spent some time clearing up urban myths. He agreed with the
assessment that this was a public relations issue. He commented that it was also a City resource
issue, and that the Council needed a budget discussion about `feet on the ground' evaluating
individual properties. He indicated that, when he visited individual properties, he too had wondered
why some of them were designated because he saw landscaping but not wildlife habitat. He
agreed that they needed to re -look at the isolated tree groves.
He agreed that the City needed to make the program more citizen -friendly in not requiring the $800
fee for a redesignation to correct a City mistake. He indicated that he did not think that a voluntary
program would work. He said that, as much as he would like to believe that people were good
stewards of their property, in natural resources areas, one saw a "trash of the Commons." He held
that resources were not protected in a uniform and consistent fashion. He commented that, since
the Comprehensive Plan spoke to regulations, any change to an all -volunteer program would have
to get by the Comprehensive Plan, Metro, and the State, which he did not see happening.
City Council Special Meeting Minutes Page 14 of 18
July 10, 2010
He agreed with Councilors Tierney and Moncrieff that they needed to address the issue of
undeveloped lands that were totally encumbered. He mentioned the Metro model ordinance
approach of avoid, minimize, and mitigate, and the Task Force proposal of the net environmental
benefit approach. He supported working on a two-tiered process.
He agreed that they needed a more readable and accessible code, which he hoped the code audit
would help achieve. He mentioned his hope that the Council would send the long-term project
ideas, such as a watershed -based approach and doing more invasive species removal, to the
appm;-.; late Council Advisory Boards to develop the details of the program. He _ )mmented that
these ::-tening sessions have been very worthwhile.
Councilor Jordan recalled that the second mapping of natural resources to expand the currently
mapped areas began during her first year on Council. She commented that none of them dreamed
that they would be here years later trying to figure out what went wrong and how to fix it. She
mentioned that a year and a half ago the Council was looking for flexibility, because there was
more than one way to do something. She indicated that that, due to the Task Force and the citizen
comments, they were finding other ways to accomplish the desired result in a less onerous way
than under the current process. She observed that the current process probably impacted some
people more than others in an unfair fashion.
She expressed her hope that they could do the minimum changes to the Code in order to comply
with the Metro Title 3 requirements just to get that piece done. Then the City would work further
with the community to develop a community watershed/RC approach that enhanced the quality of
life in Lake Oswego, included the flexibility recommended by the Task Force and the Natural
Resources Advisory Board (NRAB), and protected the environment in a fashion consistent with the
Comprehensive Plan and community values.
She noted that a watershed -based approach would help the Council with budgeting resources in
the future. She gave an example of removing the ivy from street medians as part of protecting
open spaces from ivy invasion.
She discussed the need for education. She spoke of finding a definition of an RC tree grove that
suited the watershed -based approach. She mentioned that the seven old growth trees in her front
yard met the current definition of a tree grove (three or more trees). She expressed her concern at
hearing people say that they did not want to plant a grove of trees that could restrict their use of
their property in the future. She clarified that, whether one had a Sensitive Lands overlay or not, a
property owner could remove a dangerous tree. She cited the concerns expressed by several
citizens about not being able to remove hazardous trees as evidence of the need for more
education.
She agreed with developing some type of a special circumstance for looking at well-maintained
and protected private properties, as this process was creating stress and anxiety for those who
cared for the land. She commented that, in the future, they would want to make sure that the large
pieces of undeveloped land developed correctly, if the owners wanted to develop them. She
suggested taking a net environmental approach that recognized the economic and social benefits
of development. She commented that there were places in Lake Oswego where their intent was to
discover how to protect what was already established in a way that made sense for people to live.
She said that it made sense to her to hold off on any new overlays until the City (working with the
citizens) has figured out the best way to go about this. She argued that visually inspecting
resources where significant public resource lands abutted private property was extremely important
in a watershed -based approach for identifying resources to protect. She agreed with identifying
small, significant tree groves with no visual connection to any other tree grove. She reiterated that
defining what an RC tree grove and how it affected the entire watershed should help correct
identifications.
Councilor Hennagin mentioned hearing a common theme from the citizens: fear about the effect
of the Sensitive Lands Ordinance on their properties without a full comprehension of the details in
City Council Special Meeting Minutes Page 15 of 18
July 10, 2010
the Sensitive Lands regulations. He recalled that he had known nothing about the Ordinance when
he ran for office four years ago, and had had no plans respecting sensitive lands. He indicated
that he had only learned about the Ordinance about a year and a half ago when staff told the
Council that Lake Oswego had adopted an Ordinance with less restrictive buffers and riparian
areas than Metro required, and that staff had substituted protection of upland tree groves.
He commented that he has never understood what the scientific evidence was that supported the
claim that upland tree groves played a role in protecting water resources. He pointed out that they
all needed to be concerned about protecting their wa,-Jr resource, as this most important resource
for humans was becoming less and less available wu,-ldwide. He spoke of his concern about
whether Lake Oswego's original protection of upland tree groves was justifiable. He agreed that a
comprehensive watershed -based approach was the most appropriate approach for protecting the
water resource, although, at this stage, he was not certain how they would do that.
He indicated that he did not understand now the Ordinance restricted the ability of property owners
like the Zinsers, the Weibels, or Mr. Glass, to develop if they wanted to develop. He supported
looking seriously at the flexibility recommended by the Task Force, including the two -track
approach mentioned by Mayor Hoffman. He commented that the City needed to address Cap
Hedges' proposal for developing his property in Glenmorrie, given that his proposal seemed to be
more environmentally friendly than what the Code allowed.
He questioned how the Council could adopt a regulation that affected all citizens equally, given that
some lots had no water or tree resources on them. He asked for more explanation on how to
address that issue and suggested that referring it to the Planning Commission for further
investigation.
Councilor Johnson expressed her concern about talking about the City's current program in
isolation, and about having any program that did not have community buy -in. She observed that
Lake Oswego had many resources (both natural resources and human resources). She
commented that the City, in working towards a larger program that went beyond the sensitive lands
overlays, could learn from those citizens who have been good stewards of their land for a long
time. She spoke of pursuing a watershed -based approach that looked at the environment in terms
of the whole community.
She pointed out, with respect to Councilor Hennagin's issue of how this affected all citizens
equally, that everyone contributed to the watershed because it rained everywhere and the runoff
from all properties, whether they had trees or streams on them or not, went into the creeks
protected under the overlays. She cited the example of a creek becoming shallower due to the
sediment washing in from everyone else's properties.
She emphasized the importance of taking a holistic look at the community as one environment and
how they would share it. She questioned why some people could put whatever they wanted on
their property and thus contribute to the sediment that hurt other people's property. She noted that
the owners of the damaged property had to pay towards reconstructing the stream. She agreed
that there was an inequity issue.
She observed that this involved a much longer process. She suggested using education and a
results oriented program with goals and measurements as two methods for garnering the currently
lacking but necessary community buy -in. She contended that the Council could not expect buy -in
of a program that was vague, unclear, and measureless.
She agreed that the program needed to be incentive -based. She commented that protection
should not mean `don't touch,' as people did live in their backyards. She advocated for the City
taking an active role in making sure that people understood what it meant to have these resources
and how to manage sensitive areas, as many property owners have already done. She agreed
that the Council needed to look at the financing issues involved. She spoke to the City educating
people with respect to what an acceptable plan would be, so that property owners did not have to
spend money and time going back and forth before the City deemed their plan acceptable.
City Council Special Meeting Minutes Page 16 of 18
July 10, 2010
She questioned why they would spend millions of dollars on projects in a watershed -based
approach if they did not have clear goals and a way to measure success. She agreed with
Councilor Tierney that a results -oriented program with goals and measures was vital. She added
that a clear connection to protecting water quality was also necessary for buy -in.
She noted that making a clear connection between what the City asked people to do in their
backyards and the benefits to the environment was also important. She suggested asking this
question at each of the steps: did this get the community closer to a program that would work?
She observed that clearly the current program did not work.
She mentioned asking rather questions at each step, such as did this get the City closer to
community buy -in, and did it get the City closer to looking at the environment as a whole
ecosystem and not as patches of sensitive lands. She suggested looking at sensitive lands as part
of all their programs, such as the tree code. She discussed having a goal of building into the Code
the maximum amount of flexibility possible while still protecting resources and achieving clear
goals. She spoke of identifying what things were truly important to protect. She observed that
unless people understood why having a picnic table in their backyard would be detrimental, the
City would not achieve community buy -in.
Councilor Olson commented that she was heartened to hear that her fellow Councilors have
arrived at some of the conclusions that she came to a year and a half ago. She referenced the
Mayor's comments regarding zoning. She pointed out that zoning affected everyone within the
zone, but the Sensitive Lands Ordinance was different because it did not affect everyone the same
way. She agreed with the Mayor that the citizens worked long and hard to put the community
values into the Comprehensive Plan, although she doubted that their intent had been to develop
such a restrictive code to implement those values and to go into people's backyards.
She indicated that she agreed with most of Councilor Tierney's comments. She suggested using
his outline as a jumping off point. She commented that she thought they needed to not limit
themselves to reviewing the Task Force recommendations point by point but to look at the City
policies and approach overall in deciding what they would regulate, how, and why. She agreed
with looking at individual hardship cases, such as Cap Hedges, Carolyne Jones, the Zinsers, and
the Weibels. She remarked that she did not know how they would do it, as it was resource
intensive, but morally, she thought they needed to do it.
She observed that she would like to go further than most of her fellow Councilors. She suggested
an amnesty program for everyone designated in the first mapping to allow requests for reviews
without fee. She mentioned that staff has already made field visits and removed designations.
She discussed removing the requirement that the City record land use restrictions with the County.
She noted that Metro did not require it, and the City required it only for tree groves, and not for
water resources. She mentioned the stated purpose of providing notification to future buyers;
however, since few properties have been delineated to the point of being recorded with the County,
the requirement did not fulfill its purpose. She commented that there were ways to notify potential
buyers when necessary, including educating the realtor community.
She referenced a statement in Ms. Papaefthimiou's January 2009 memo, which suggested that the
City could comply entirely with Metro's requirements with its existing Code and regulations. She
asked that the Council look at using its current regulations to comply with Metro as opposed to
offering upland tree groves as a tradeoff. She commented that the City Code, its Comprehensive
Plan, and Metro's codes used the word `significant' a lot. She suggested that the City might have
lost direction by not staying with the concept of `significant resources.'
She mentioned another element that the City has lost sight of, the fact that Lake Oswego was a
residential -platted urban municipality within the Urban Growth Boundary (UGB). She pointed out
that the State land use laws established the concept of an UGB to encourage development, infill,
density, and urbanization within that boundary. She referenced Metro's statement that, after 2006,
upland tree groves would be regulated as they were brought inside the UGB. She commented that
City Council Special Meeting Minutes Page 17 of 18
July 10, 2010
the reason that did not make sense to the people was that telling people that they could not
develop those areas conflicted with the idea of concentrating development inside the UGB
Mayor Hoffman noted that the next Council meeting on this issue was scheduled for July 20. He
asked the Council to think about scheduling an additional meeting, in case the July 20 meeting
alone was not enough time.
4. ADJOURNMENT
Mayor Hoffman adjourned the meeting at 1:16 p.m.
Respectfully submitted,
Robyn Christie
City Recorder
M: I
City Council Special Meeting Minutes Page 18 of 18
July 10, 2010