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Commission denies request to remove large white oak for Warner Milne sidewalk, asks staff to explore alternatives
Summary
After public testimony and staff presentations, the City Commission voted unanimously to deny a staff request to remove a roughly 37‑inch white oak on Warner Milne Road for curb‑tight sidewalk construction and asked staff to pursue alternatives and code clarifications.
The Oregon City Commission voted unanimously on March 5 to deny a request to remove a large white oak tree at Warner Milne Road that had been proposed for removal to allow construction of a curb‑tight sidewalk.
Public‑works staff described two options: (1) remove the street tree and construct a curb‑tight sidewalk with off‑site mitigation, or (2) build a meandering sidewalk that moves onto private property to preserve the tree but requires grading, an easement and additional site investigation to determine root impacts. Dana Webb, public works director, said the arborist had rated the tree as a 37‑inch‑diameter white oak in good health with a roughly 45‑foot canopy and that meandering the sidewalk could still require root‑zone disturbance and might not guarantee preservation.
Public testimony
Multiple residents and neighborhood advocates urged preservation of the tree. Ken Basinger, who said he and his wife live on First Avenue in Kanema, told the commission he opposed removal and questioned strict “no net loss” interpretations in FEMA guidance; he also asked staff to investigate gravel deliveries in the adjacent rail right‑of‑way.
Several neighbors and advocates highlighted the oak’s age, habitat and climate benefits. Betsy Jordan Edholm and Jackie Hammond Williams described the tree as a historic, native Oregon white oak and urged the commission to require mitigation that preserves such trees “one‑for‑one” and to pursue easement and design options that keep the tree in place.
Property owner perspective
Steve Partlow, representing Oregon City Church of Christ (the property owner), said the church does not need the sidewalk in front of its building and that its leadership had preferred removal over a meander that would consume private property. "The church doesn't need a sidewalk in front of the building," Partlow told the commission; he said safety concerns about falling branches also informed the church’s preference.
Commission action and rationale
Commissioners discussed tradeoffs among ADA requirements, sidewalk continuity, property impacts and tree preservation. Several commissioners said that mitigation by planting small trees in parks is not an adequate substitute for preserving a large, mature street tree on a prominent frontage. Commissioner Scott Wilson said he could not support any decision that would “jeopardize its health.”
Motion and vote
Commissioner Adam Morrow moved, and a colleague seconded, to deny the proposed tree removal; the roll‑call vote was unanimous (Rocky Smith Aye; Mike Mitchell Aye; Scott Wilson Aye; Adam Morrow Aye; Mayor Denise McGriff Aye). The motion passed and the tree will remain in place while staff pursues alternative approaches.
Next steps
The commission asked staff to explore feasible alternatives (including potential easement compensation, traffic‑calming or crossing improvements, and sidewalk adjustments) and to return with options and any recommended code clarifications, particularly addressing mitigation practices and relative value of like‑for‑like native tree replacement.
