November 27, 2007

Members present: Bill Ruppert, June Hutson, Paul Loida, Roger Vonder Bruegge, Jenny O’Toole, and Judy Wickersham. Councilman Joe Godi, as City liaison, was also present.

Guests: Skip Kincaid, Iggy Yuan, Gwen Wahlmann, Gerry Biedenstein, and Murray Pounds.

I.                    Call to order: the meeting was called to order at 7:10 pm.

II.                 Citizen Comments: Gwen Wahlmann asked some questions about the draft of the tree code. When will it go to City Council? Bill Ruppert said it is currently in the hands of the Public Works Director and the City Attorney. We do not know how long that will take. Is the draft dated 4-23-07 current? Yes. Gwen Wahlmann asked about a statement on page 9 regarding takings claims on land equal to or greater than 3 acres. She said there is no precedence about takings claims with a tree ordinance. She said she would like to see something like this applied to 1-acre lots.

III.               Secretary Report: the minutes from 10-23-07 were approved as written.

IV.              Chair Report: Bill Ruppert said the Arbor Day ceremonial tree planting was held a week ago. A Missouri native Paw Paw tree was planted on the grounds of City Hall on the north side of the parking lot to honor Kirkwood’s veterans.

V.                 Community Department Guests: Bill Ruppert introduced Gerry Biedenstein, President of the Park Board, and Murray Pounds, Director of Kirkwood Parks and Recreation. Bill Ruppert said he is hoping to have more dialog with Kirkwood’s departments and other boards and commissions. He said we are all working for the same purpose, the betterment of Kirkwood. He said he did a little research to be sure the KUFC is doing what it’s supposed to be doing. Our directive states that “the committee should review city ordinances…and advise the city council. The Commission shall encourage appropriate tree planting on city property, excluding, however, property officially designated as public parks.”

Bill Ruppert then gave some background on the proposed tree ordinance. He said it has been evolving since 1998. The Director of Public Works took all the pertinent sections already in the city’s ordinances and combined those with what the KUFC developed. We also knew there was a need for a tree manual to accompany the tree ordinance. First we tried to amend the manual used by the city of St. Peter’s. Then we found out that the city of Webster Groves already did this. We took that and further tailored it to Kirkwood. Webster adopted their ordinance as city policy, and this proved to be a key factor following the ice storms last year. FEMA (Federal Emergency Management Administration) determined how much money to give Webster as a result of the tree damage from the ice storms, but Webster’s horticulturalist Shawnell Faber objected to FEMA’s offer because it wasn’t enough to maintain the city’s minimum standards to maintain their trees as set by city policy, and she was given more money.

Bill Ruppert pointed out that the proposed tree ordinance isn’t an exercise in one group overriding another. The KUFC has no authority. Our city has no professional forester or horticulturalist on staff. All the KUFC can do is make recommendations. We’re trying to raise the bar for good quality tree care. What we’re proposing in this ordinance is to establish minimum standards for maintaining trees on public land.

Gerry Biedenstein said he was confused. The ordinance he read didn’t differentiate between public trees and other trees. Roger Vonder Bruegge said this commission is charged by the mayor and the council to give them the best ordinance we can. If the Parks Board has objections to the proposed tree ordinance, their encumbrance is to take it to the City Council. “You have no authority to make this board function under the Park Board. We’re not bound by you; we’re bound by City Council,” said Roger Vonder Bruegge.

Gerry Biedenstein said he hopes we will take into consideration what other people’s concerns are. Bill Ruppert said we are all here for the same purpose, to serve our community. Roger Vonder Bruegge asked Gerry Biedenstein if he was committed to a tree ordinance, and he said he was “175-200% behind a tree ordinance.” Roger Vonder Bruegge said the largest entity that has trees on it is the Parks Department. He went on the say, “If the largest entity in the city opts out [of following the tree ordinance] we’ve got a problem. Somewhere in this process we’ve got to come up with something that satisfies the Council, us, and the largest entity of public trees.”

Gerry Biedenstein said, “We don’t look at individual trees in the park setting. We look at ecosystems. You’re trying to apply a generalized, condensed version to every setting. In the zoning ordinance, there’s a different zoning for parks. You’re talking about completely different scales.” Roger Vonder Bruegge replied, “We understand you have the authority to do whatever you want to do within the land mass as defined by zoning. The ordinance is not a maximum. The ordinance is a minimum.” He asked what were the Park Board’s objections to the ordinance. Gerry Biedenstein said we’d have to ask the Park Board.

Bill Ruppert said he sees territorial rights coming out of this, and this concerned him. He said he knows that the ordinance will not say that the Parks Department has to answer to the Public Works Department. The Director of Public Works can’t take over the Parks system because the state statute won’t allow it. He proposed holding a roundtable discussion so we can set a minimum standard of tree care that we all can live with.

Gerry Biedenstein asked what is stopping KUFC from changing the proposed tree ordinance. Roger Vonder Bruegge said that what is stopping us is that we’re under the mayor and the city council. Gerry Biedenstein said the parks are just like public property. Bill Ruppert asked him what he thinks about the philosophy that we set the standards. He also asked if the Park Board has reviewed the tree manual, and Gerry Biedenstein said no. He added that our parks are loved to death. The trick is always how you provide the setting and services the people want without compromising the land.

Bill Ruppert asked if the Parks Department is already doing all the things required in the tree ordinance, why can’t we share that with the community? Although the proposed tree ordinance only deals with public trees, it sets the standards. We want to showcase this ordinance by letting the public know that all city departments follow it. Gerry Biedenstein said the ordinance puts a lot of emphasis on using certified arborists. “I think your problem is trying to codify and tell everyone that’s the way to do it,” he said. Roger Vonder Bruegge asked if the Parks Department could give us a document that establishes their standards. Gerry Biedenstein said we should go to the Master Plan. Roger Vonder Bruegge said the Master Plan isn’t going to tell us everything. “Can we piggyback on your expertise and include that in a manual, and you say no,” said Roger Vonder Bruegge. “How can you help our community if you’re not willing to show us what you do?”

Bill Ruppert asked if we could get a copy of the management portion of the Master Plan that describes this aspect, and Gerry Biedenstein and Murray Ponds said sure. Roger Vonder Bruegge asked if we could get a copy of the urban forestry plan, but Gerry Biedenstein said that hasn’t been done yet.

Iggy Yuan spoke up and said that as an impartial witness, he thinks there are philosophical differences, and he doesn’t think we’ve made much progress. Councilman Godi said the KUFC has worked a long time on this tree ordinance, and every time they talk about it they take more out. Skip Kincaid shared his observations about the specs. “How will the specs [in this ordinance] impair an ecosystem?” he asked. “Absolutely in no way, shape, or form,” he said. “The big rub seems to be the language that states the Parks Department needs to report to Public Works. Take it out. Then all they will have to struggle with is how they accept the standards, and they’re already doing it. Why is it that in one community the standards are embraced and created by the Parks Department and here there’s a problem?” he asked. “In my opinion, it’s because a faction of the Park Board has a problem with certified arborists.”

June Hutson reminded everyone that this is not an ordinance. It’s a draft. It’s not for us to say how the Park Board is managed. We want to know their concerns so we can consider them. Also, our Street Tree booklet is only a recommendation. We are not forcing it down anyone’s throat.

Murray Pounds said that if you read through the ordinance, it states that these things have to be done as interpreted by the city attorney. Gerry Biedenstein said he thinks that before we dump something on council’s doorstep, we owe it to them to make it as close to final as we can. The Park Board has clearly said the ordinance is not applicable to them.

Bill Ruppert pointed out that urban forestry was the lowest scoring category on the judges’ report for the America in Bloom competition. He passed around copies of their report. He said he would like to begin a general promotion of tree planting. Gerry Biedenstein said he would encourage this group to also go to the schools and business owners to encourage tree planting.

VI.              Commission Items: tree removal request at 807 Simmons.

Roger Vonder Bruegge made a motion recommending that a letter be sent to Ken Yost stating it was okay with us to remove the tree. It’s up to Ken Yost to make the final decision. The motion passed with one abstention.

VII.            Activity Reports

A.     Planning & Zoning. Roger Vonder Bruegge reported that P & Z is currently tied up with the infill issue.

B.     Junior Treekeepers: Paul Loida said we need to order seedlings. He will confer with Bill Ruppert on this.

C.     Education: Jenny O’Toole asked about the purpose of a poster campaign competition for tree planting and where the winning school would get a tree.

D.     Tree City USA/Growth Award submittals: Judy Wickersham is compiling city reports and will complete the application process in December.

E.      Annual Report: Judy Wickersham will go through the KUFC minutes from 2007 and prepare a bulleted format as a starting point for the report.

VIII.          Old Business: Bill Ruppert said the “Recommended Street Tree Selections for Kirkwood” booklet will be updated using a symbol designating Missouri native trees.

IX.              Next meeting: Tuesday, January 22, 2008, 7:00  pm.

X.                 Adjourn: the meeting was adjourned at 9:38 pm.

The City is interested in effective communication for all people. Upon request, these minutes can be made available in an alternate format, such as audio tape, by calling 314-822-5894.