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04-08-19 Minutes Commission WorkshopMINUTES Commission Workshop Meeting Monday, April 8, 2019 - 5:30 PM Commission Chamber ATTENDANCE: Present: Ellen Glasser, Mayor - Seat 1 Cindy Anderson, Commissioner - Seat 2 Candace Kelly, Commissioner - Seat 4 Brittany Norris, Commissioner - Seat 5 Also Present: Joe Gerrity, City Manager (CM) Brenna Durden, City Attorney (CA) Donna Bartle, City Clerk (CC) Kevin Hogencamp, Deputy City Manager (DCM) Phyllis Nadeau, Associate City Clerk/Recording Secretary CALL TO ORDER TOPICS A. Discussion on changes to the Tree Protection Code CM Gerrity introduced Planner Derek Reeves for a presentation. Mr. Reeves gave a slide presentation on the project background and timeline as detailed in the staff report of the agenda. He presented the changes recommended by the Environmental Stewardship Committee (ESC) as follows: • Add the definition of a variance • Add section outlining the variance process • Add examples of possible variances • Make clear a variance is not a substitute for the appeals process • Vacant Lot Tree Removal change • Heritage Tree Exemptions change • Tree Protection clarification • Clarify mitigation calculations • Tree Fund uses changes • Various staff initiated changes Commissioner Waters arrived at 5:38 PM. Bruce Andrews, Chair of the ESC, was invited by Mayor Glasser to make comments on the presentation. Commission Workshop April S, 2019 Page 1 of 2 Mr. Andrews concurred with the presentation. He spoke about the amended section on Variances which resulted in a lengthy discussion about (c) Grounds for denial of a variance and (d) Grounds for approval of a variance. Mayor Glasser opened the floor to questions from the Commissioners. Discussion ensued about planting in front yards and rights-of-way. There was a lengthy discussion about the process for variances requests with the CDB and the appeal process with the Tree Sub -committee, and the definition of quazi judicial proceedings. It was noted in Sec. 23-52 (b)(4)(c)(2) Terms to change four-year to three-year terms for members. There was discussion about Heritage Trees and Legacy Trees, mitigation and related costs, attempts to monitor the tree service companies, and the function of the ESC with their two sub -committees - Tree sub -committee and LEEDs sub -committee. 2 PUBLIC COMMENT Steve Fouraker spoke about the CDB and the ESC and sub -committees, the process of tree mitigation, the appeals process, and changes he feels should be made to the code. Mike Whalen spoke about having stronger fines, educating the tree service companies and residents about the Tree Ordinance, and clear establishment of judicial authority. Judy Workman spoke about mitigation and stated the current code is unacceptable. There was CONSENSUS to send the Tree Protection Code back to the ESC / Tree Sub- committee for further review and discussion. ADJOURNMENT Mayor Glasser adjourned the meeting at 6:30 PM. Attest: G 'r6' Donna L. Bartle, City Clerk Ellen Glasser, Mayor Approval Date: Commission Workshop April 8, 2019 Page 2 of 2