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City Council Minutes - 06/03/2008 Agenda Item No. L/. / , G Meeting of —1 V 9NJ r lb City of Tigard Tigard Special Meeting — Minutes TIGARD CITY COUNCIL MEETING DATE AND TIME: June 3, 2008 — 6:30 p.m. MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 1. SPECIAL MEETING 1.1 Mayor Dirksen called the meeting to order at 6:34:00 PM 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. PUBLIC HEARING: COMPREHENSIVE PLAN UPDATE — GOAL 2: LAND USE PLANNING REQUEST: Amendments to the current Comprehensive Plan Topic 1: General Policies; Topic: Special Areas of Concern; and Topic: Locational Criteria by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Economy, Housing, Public Facilities and Services, General Policies, Transportation, Urbanization, and Natural Features and TIGAR.D CITY COUNCIL/LCRB/ MINUTES —JUNE 3L2008 City of"Tigard 1 13125 SW[Tall Blvd.,Tibnrd,OR 97223 1 503-639-4171 1 Nv%vw,til,*ard-or.gov I Page 1 of 20 Open Spaces;Metro Functional Plan Titles 1, 3, 6, 12, and 13; and Statewide Planning Goals 1,2, 5, 6, 7, 9, 10, 11, 12, and 14. 6:3.1:20 PM a. Mayor Dirksen opened the public hearing. b. City Attorney Yamachika reviewed the rules of procedure for this hearing. 6:37:21 I'M C. Declarations or Challenges: None - Does any Council member wish to declare or discuss a conflict of interest or abstention? 6:37:44 I'M d. Associate Planner Wyss presented the staff report Assistant Community Development Director Bunch was also present An email communication from Sue Beilke was distributed. This communication was also reviewed in the public hearing following this hearing. Assistant Community Development Director Bunch summarized the comments from Ms. Beilke and staff's position. r,:-13:.13 I'M &.1(0-1 I'M Councilor Buehner said she understands Ms. Beilke's perspective regarding the connection between Goal 2 and 5. She asked staff if, by referencing this during the public hearing, was a sufficient connection created for future ordinance development. Assistant Community Development Director Bunch said natural resources language has been integrated throughout the Comprehensive Plan review. The language in the Plan will not prevent City Council as it implements the plan through adoption of ordinances to match the needs and desires of the community. 6:•17:59 I'M C. Public Testimony: None 6:-19:371'M f. Asscociate Planner Wyss recommended that the City Council adopt the proposed ordinance as also recommended by the Planning Commission. g. Council Questions: None r,;unto I'M h. Mayor Dirksen closed the public hearing. i. Council Consideration: Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt Ordinance No. 08-07. ORDINANCE NO. 08-07 — AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00001 TO UPDATE THE GOALS, POLICES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLAN GOAL 2: LAND USE PLANNING TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 3, 2008 City of'Tigard 1 13125 SW Hall Blvd.,Tibnrd,OR 97223 1 503-639-4171 1 www.til',ird-or.gov I Page 2 of 20 The motion was approved by a unanimous vote of City Council present: Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes 3. PUBLIC HEARING: COMPREHENSIVE PLAN UPDATE — URBAN FOREST (SUBSECTION OF GOAL 2) REQUEST: To amend the current Comprehensive Plan to include goals, policies and recommended action measures to reflect current community conditions and values relating to Tigard's Urban Forest.. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural Features and Open Spaces; Metro Functional Plan Titles 3 and 13;and Statewide Planning Goals 1, 2, 5, 6, and 11. 6,91 23 Pi�I a. Mayor Dirksen opened the public hearing b. Rules of Procedure: City Attorney announced the rules of procedure that were outlined in the previous hearing are still in effect. C. Declarations or Challenges: No conflicts declared by any City Council member and no challenges to hear this matter were expressed from the audience. d. Associate Planner Floyd presented the staff report. The Comprehensive Plan amendment fulfills Task 1 of Council Resolution No.07-30 that directs the Tree Board and Planning Commission to develop and recommend to the City Council appropriate goals policies and recommended action measures relating to tree stewardship within Tigard including the contributions of trees to Tigard's quality of life. Associate Planner Floyd advised the Tree Board and Planning Commission have worked in close cooperation with each other and the public to develop a consensus- based document, which is before the City Council tonight. The Tree Board met more than 25 times and these meetings were open to the public. The Tree Board made a unanimous recommendation to the Planning Commission. Also, two Joint workshops were held between the Tree Board and the Planning Commission to specifically discuss this item and to work out details. The Planning Commission held two public hearings in April before making a unanimous recommendation to City Council. The final language reflects the compromises reached by the involved parties. This amendment will establish Tigard as a strong steward of trees in the urban forest and it leaves TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 39 2008 City of'Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.rigard-or.gov I Page 3 of 20 considerable room as to how the City might choose to implement it in the future. T1mis flexibility is reflected in the following four themes contained in the document: 1. Minimize impacts to and removal of trees without absolutely prohibiting their removal. 2. Use of flexible and incentive-based standards. 3. Broadens the definition of mitigation. 4. Ensures the speedy removal of hazard trees. (61:49 IINI At the May 5, 2008, City Council workshop regarding this item, the City Council received input from the public and then gave direction to staff. Associate Planner Floyd reviewed the recommended language changes contained in Attachment No. 8 to the City Council packet material Staff received one additional comment letter from Sue Beilke (e-mail with attachments sent today). This letter was distributed to the City Council. Associate Planner Floyd said that staff recommends that the City Council find the Comprehensive Plan amendment to meet the necessary approval criteria and approve the Planning Commission's recommendation and adopt the proposed Comprehensive Plan amendment to update goals, policies and recommended action measures pertaining to Tigard's urban forest as determined through die public process. An approval ordinance was included the City Council's packet,Attachment No. 1. (65:48 PM Assistant Community Development Director Bunch referred to the e-mail submitted- by Sue Beilke. He said her concern was that the language before the City of Tigard this evening regulates only the removal of trees on environmentally sensitive lands and lands subject to hazard. Her e-mail communicates that all lands within the City should have trees regulated and require property owners to obtain a permit for tree removal from the City. Assistant Community Development Director Bunch advised that the staff's response is that these policies before the City Council this evening provide the opportunity for City Council to decide whether to have a permit process. The Council would have the flexibility to regulate trees only in designated, specific areas and also regulate trees citywide. The intent is to provide the City Council with a flexible tool. Ms. Beilke stated in her email that she opposes language such as "where possible and appropriate." Assistant Community Development Director Bunch said there are a couple of policies in the proposal that use the words "as appropriate." For example, The City shall, as appropriate, require the use of trees and other vegetation as buffering and screening between incompatible uses. Assistant Community Development Director Bunch said the above language was provided to give some practicality and reasonableness to specific actions. In some areas TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 3, 2008 City of Timid 1 13125 SW I-IA Blvd.,TiWard,OR 97223 1 503-639-4171 1 www.titnrd-or.gov I Page 4 of 20 it might not be appropriate, feasible, or practical to require trees and other vegetation as buffering and screening between incompatible uses;other methods might be required. Assistant Community Development Director Bunch said that Ms. Beilke says the urban forest section fails to address several key items of concern and are related to the recently adopted goals,policies and action measures in the Parks and Recreation section. Again, Assistant Community Development Director Bunch advised that these policies are integrated with those policies in the Parks and Recreation section; in fact, the whole Comprehensive Plan is an integrated document. The criteria, can be mixed and matched and used as needed by City Council decision makers to address a specific issue or criteria. Assistant Community Development Director Bunch said Ms.Beilke's email says that no language in the amendment addresses important natural resource areas — local forests that are unprotected and deserving of acquisition in the language. He said that the City's Goal 5 process provides the City Council with that kind of regulatory ability. This is a Goal 2 process oriented toward trees as part of the general land use process and development. There is another way to get to what Ms. Beilke is talking about. Assistant Community Development Director Bunch referred to Ms. Beilke's reference to special status to protect rare and diminishing species, addresses the oak prairie habitat reduced to less than 1 percent in the entire Willamette Valley. He said she again references that there is no language that addresses the upland forest's remaining acreage and advised that this will be brought to the City Council as part of Goal 5. Furthermore, Ms. Beilke says these policies do not have specific language addressing forests that might harbor rare species such as the northern red-legged frog and actions taken to improve their habitat. She says the language does not address fragile habitat and that these action measures, policies and goals need to have more detail. Ms. Beilke says the proposed changes to the Comprehensive Plan are not in compliance with applicable regulations and asks the City Council not to adopt the adopt the changes,but deny them and continue to work with citizens to strengthen this document until it meets both Goal 2 and Goal 5 requirements. Assistant Community Development Director Bunch stated that these polities have been coordinated, from staffs perspective, with all applicable state agencies. The state agencies have not submitted any statements that they are not in compliance with the statewide planning goals; they are the experts. 7:00:05 RM Assistant Community Development Director Bunch addressed the concern about Ms. Beilke's concern about the desired levels of detail. The Comprehensive Plan is a general tool to stand the test of years if need be. At the same time, there is language in the Plan that will be revised as necessary during reviews every two or five years. The Plan's job is to provide a flexible legislative tool for the City Council. If the Plan has "these levels of detail" providing specific directions to meet very specific interests (i.e., red-legged frog, oak forests) then we might not be able to preserve the forest because we are looking at specific trees. It's necessary to have a broad tool; we don't want to tie this TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 3, 2008 City of Tigard 1 13125 SW Mall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 5 of 20 City Council's hands or the hands of future Council members with die level of specificity desired by Ms.Beilke. 7:00:59 P\I Councilor Buehner asked about Ms. Beilke's concern regarding retention of invasive species (those that have been placed on the state nuisance list) and whether we have sufficient flexibility in the current language should a future City Council wish to adopt an ordinance relating to not allowing or getting rid of invasive species. Assistant Community Development Director Bunch said the proposed wording provides the basis the adopt regulations to prohibit or prevent invasive species, similar to what Portland does. There are policies in the Goal 2 tree section and invasive species are referenced in the natural resources section. Councilor Wilson noted that he had supplied the federal definition of invasive species, and he liked this language because it was specific. 7,010-1 P>>I Public Testimony: • Alan DeHarpport, 5740 SW Arrowwood Lane, Portland, OR 97225, testified. He advised he was trying to achieve a sense of balance with die Tree Code, ongoing development, and infrastructural development with the City. He noted when he was before the City Council on May 5, 2008, there was an issue of trying to get builder/developers on the Tree Board. He said no builder living in the City limits is willing to sit on the Tree Board, which could be implied as apathy; however, he has heard comments from those in the community who feel the City and staff have made up their minds about the tree regulations, that their input is unwelcomed and any* efforts attempting to add the view of the builder/developer community would be a waste of time and effort. He said he couldn't imagine that die above statement is true, considering the builder/developer community is one of the most effective groups and would appreciate input ftom the City Council or staff about this. He said he wished that someone from the Council, staff, or Tree Board, had actually contacted the HBA when no builder/developer, who was a City resident could be found to sit on the Board. 7:�h:0(1 PAI He went on to name several people who would have been willing to provide input; however, he did note that none of those people were Tigard residents but either had owned or now own property in the City of Tigard and have worked with the current tree code. They have a vested interest in the City and urban forest CPA currently before the City Council. 7:1)5:14 P\I Mr. DeHarpport said his biggest concern is without builder/developer input, he feels the CPA, as written, has the potential to create an even larger divide between a key stakeholder group that could have been included rather than avoided in an effort to reach out to non-resident members of the builder/developer community. He urged the TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 3, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,Olt 97223 1 503-639-4171 1 www.tibnrd-or.gov ( Page 6 of 20 City Council to read through the list of recommendations;a copy of this list is on file in the City Recorder's office. He asked the City Council to consider making some of the changes they recommend. Mr. DeHarpport referred to the survey question regarding the regulation of trees, and his concerns were noted in the first suggestion contained in his written comments. 7:116:37 PNI Mr. DeHarpport summarized the recommendations contained in his written testimony. 7:119:211 I'LI Councilor Wilson, in response to staffs comment, said he thought the intent of this Language is to give the City Council and future Councils flexibility to preserve trees to the extent that it could impact property rights or on the other hand preserve property rights to the extent that it could impact trees. We are going to find some balance, which is the next step in the process; i.e., revising the Code. He said he hoped Mr. DeHarpport understands that the City Council is to some degree not being specific purposely. Mr. DeHarpport said he understood this;but, there is no acknowledgement of development. That is, the document states "preserve trees" without acknowledging that development has a place in the community as well. Councilor Wilson said he thought that this was a valid point; however, with regard to Mr. DeHarpport's statement that they haven't been able to be involved, he hoped that in the next part of the process they could be. 7:111:54 I'M Councilor Bueliner said as a follow-up to Councilor Wilson's comment that she did respect Mr. DeHarpport's position. She said she certainly did not want to see trees preserved to the exclusion of everything else. She also said she hoped that Mr. DeHarpport and/or his colleagues would volunteer to serve on the committee as work starts on die ordinances;this will be a very important process. 7:11:491'\I John Frewing, 7110 SW Lola Lane,Tigard OR 97223, offered testimony on two points: o He said he worked with Associate Planner Floyd and the Tree Board, as a citizen, and through a number of meetings and workshops. Nov, at this point when the City Council might adopt Comprehensive Plan words, he said he finds that the words are so general that they do not mean very much. He said he understands the City Council wants flexibility, but the entire document and staffs response could always be, "Well, we have flexibility." Mr. Frewing said the whole section could be resolved by saying: ■ Goal: "We will try to preserve trees." ■ Policy: "Work with community persons to save trees." Mr. Frewing agreed that eventually there will be ordinances written and said he hoped this would work out all right. He said that he thought the City has lost an opportunity to actually state clearly what we want. TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 312008 City of Tigard 1 13125 SW Hall Blvd.,Tigird,OR 97223 1 503-6394171 1 www.tigard-or.gov I Page 7 of 20 o Mr. Frewing referred to the terminology "minimize" and "maximize." He said there needs to be a legislative basis for finding a minimus or a maximum. He said, "You can't say something is the lowest or the highest without having something to compare it against." The policies and goals do not have any legislative basis for later requirements of some kind of alternatives presentation so that one can find that either tree removal has been minimized or something else has been maximized. There needs to a basis of at least two elements. Councilor Wilson commented that Mr. Frewing was saying there should be a standard; however he wondered how something like this could be accomplished. Mr. Frewing said that wording could be added to one of the policies that says, "The City shall include the requirement for alternative presentations when something is to be minimized or maxit„ized." Mr. Frewing said he was not asking for a standard at this time, but there ought to be something in the language that allows and directs the Code writers and the committees that they can and should require the presentation of alternatives in information where one is being asked to minimize or maximize something. • Ken Gertz, Gertz Fine Homes, 19200 SW 46`x',Tualatin, OR 97062 testified that he is a landowner and a long-time resident of Oregon. Overall, he said he was in concurrence with the Plan with the exception of what has been voiced by Mr. DeHarpport. He would like to see the developers and the City work on a combination of preservation and reforestation. This should be a Citywide effort, not just on treed sites. He said the problem he has with the way this is being approached at this time,is singling out a class of person. Mr. Gertz advised that many times developers are buying property from the elderly as they are those who have the larger pieces of property. This is their retirement- property. He is concerned that the way the current goals are written, there is nothing to protect these people. Mr. Gertz explained that tree mitigation could impact the value of a piece of property if the number of developable lots are reduced. He was concerned that if there is no language to protect the "seniors" they could inadvertently be discriminated against. Mr. Gertz said this does not have any bearing on him as developer as he will offer the purachase price based on how many lots he can develop; however, this is a huge impact to those trying to sell the property. He questioned the fairness. He said he has asked many times that language be inserted to provide some protection for the landowner and this has not happened. Councilor Wilson referred to the current code, which provides certain zoning and allows a certain number of lots. Under current zoning the only deduction from developable land would be for sensitive lands; i.e., steep slopes or floodplains. Mr. Gertz concurred with Councilor Wilson's statement. Councilor Wilson went on to say that trees would not cause the developer to "lose" lots; however, it could raise the cost because of mitigation. Mr. Gertz commented there is a policy in the proposed language regarding preserving groves of trees. Councilor Wilson said he thinks the language expresses a preference of groves over individual trees. Mr. Gertz said there is nothing TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 32 2008 Laity of'figard I 13125 Sew I Iall blvd.,"I'iFnrd,OR 97223 1 503-639-=4171 1 www.ttb,,:lyd-or.gov I Page 8 of 20 specific in the language that assures a property owner that he or she would be allowed to develop the property to the current zoning code. He noted there could be density shifting, but people do not like smaller lots. He said his fear is that there is nothing specific stated to inaintain the rights of the landowner. Councilor Wilson referred to Mr. Gertz' concerns and Mr. Frewing's concerns and said what he is hearing is that they believe the Comprehensive Plan language is too general. Councilor Wilson said this might be all right if then the language allows for a compromise to take place in the next step. Councilor Buchner said she is sensitive to Mr. Gertz' concerns. She said that she "...again, would strongly suggest that maybe you would be willing to volunteer to be part of the workgroup to work on a proposed ordinance,because it is going to be very important that we get input from all sides of this issue..." Mr. Gertz said he has volunteered to work on the ordinances. However, the problem is, "what we say today and what happens six months or a year from now when this whole plan is fully put together—without a guideline to follow...we are not going to be dealing the same faces anymore. That's just the way it is. I look more at contract Iaw than anything else." Councilor Buehner said she has asked questions of staff intended to include issues in the legislative history about what is being done so that future decision makers will know how the Comprehensive Plan was approached. 7:26:38 1'\1 Councilor Sherwood commented the current Code is written so that people could fell every tree on a lot before selling the property. This is not where the City wants to go; that is, to become so restrictive that before people sell their lots they cut all the trees. We need to find a balance and to use good judgment. 7:2T-16 I'M Mr. Gertz said he believed if"we work together,we can come to an agreement." 7:29:121'11 Councilor Wilson referred to the goal for housing and said he could not recall if this goal contained language to preserve the land available for the number of units within the applicable zone and if there is an expectation that when it is zoned for a certain number of units, that it will actually be permissible to build those. 7:28:52 1'M Assistant Community Development Director Bunch responded to Councilor Wilson that goals and policies are in the Comprehensive Plan addressing housing and economic development needs. There are very specific goals that target the number of housing units and the number of employees emphasizing that development is an important part of this community. Councilor Wilson asked, as an example, when die Tree Code is written if there are relevant portions of other goals that apply, then those would need to be addressed as well. But, the Development Community is pointing out that"if you do TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 3, 2008 City of Tigard 1 13125 SW Flail Blvd.,"Tigard,Olt 97223 1 503-639-4171 1 www.tigard-or.gov I ,nage 9 of 20 this to the Tree Code, this is not going be possible." Mr. Gertz confirmed that this has been the problem, but so far "it's been falling on deaf ears." When we bring these issues up,it gets pushed to the side so that is why he feels strongly that this needs to be part of the goals. Mr. Gertz referred to the development of the urban growth boundary and the regulations overlaid on property within the boundary. The development community "pretty much needs to develop to the current standards...If you don't put something in the goals that basically says you really need to adhere to the current zoning standards, who is to say it wouldn't go the same way as the sensitive lands issue...where all of a sudden you have people that are losing acres of property to sensitive lands." Sensitive land has to be viewed as an entirely different thing than trees. Trees need to be preserved as best as possible but you cannot penalize people that own the property just because they have trees. It is not fair to them. Someone with a blank piece of property would have a substantially more valuable property than the person who has a treed property. Trees are not wetlands; they are not riparian areas — they should be preserved, but we can also grow new trees through replanting. Mr. Gertz said "if you are going to be enforcing this on one class of people, it should be enforced on the whole City. And, if you really have a goal as a City to preserve trees and enhance the canopy of the City,it needs to be on a citywide basis." 7:32:46 I'M Mr. Gertz suggested that all the language that would needed is for the City to say, "we want to see x-amount of trees per lot." That way existing trees would count or trees could be planted, as long as they will become mature trees. The advantage is that not only does this address treed lots today, but they address "un-treed" lots as well and it spreads evenly across the whole city and it provides a citywide canopy. 7:33:35_L1s In response to a statement by Mr. Gertz, Mayor Dirksen noted there is nothing in the proposed Comprehensive Plan language that requires tree mitigation. The document says we need to have tree mitigation procedures and policies; it doesn't say what those policies and procedures will be. Mayor Dirksen said he thought that,in many ways,Mr. Gertz' and Mr. Frewing's concerns are similar: "on the one hand you are concerned that the document is not specific enough and then on the other hand,you ask us to add other things to it that would make it very specific." Mr. Gertz maintained that what he was suggesting wasn't specific—it's just clarifying that "we are going to be able to give the people the number of lots on the landowner's property that they can currently get. We are not asking for any changes. All we are asking is for a guarantee that it will remain the same. This is a paramount thing to senior citizens... for the developing community it means absolutely nothing to us, because we are only going to purchase what we can develop as the number lots. It has everything to do with the landowner who currently owns the lot with trees. That's what it is all about. And, the fear is that there is nothing there to protect these people's rights. What is wrong with putting something in there that says...with all of these guidelines, you are going to do this and TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 3, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 10 of 20 you are still going to be able to develop at the current zoning standards. That is what needs to happen." 7:35717 I'\1 Councilor Bueliner recalled she had requested that when the City reviewed the urban forest section of the Comprehensive Plan to make sure there was a connection with Goal 5 and to have a balance. She said she believes there is legislative history attached to the housing and development sections that addresses some of Mr. Gertz' concerns. T361 IR 1'11 Mayor Dirksen pointed out that another issue is that one portion of our Code can't be written in such a way that it violates another portion of our Code. When we talk about development standards and zoning requirements with regard to what the zoning is going to be and what the minimum density will be — and then we refer to tree protection requirements, one cannot preempt the other. Then, in the urban forest section,when we say that trees will be preserved to the maximum extent possible, that includes considering meeting the needs of the Development Code to allow development to the minimum. zoning standard. Mr. Gertz asked then if this shouldn't be one of the goals. 7:37:08 I'M After some discussion,Assistant Community Development Director Bunch noted that this has been discussed at the Tree Board and at the Planning Commission and staff has responded in the policies with the statements that you have to consider the Comprehensive Plan as a whole. Not only do we have housing targets in the zoning code that directs us to be consistent but there is a policy recommended by the Planning Commission that says die City shall consider the financial impacts of preserving trees. 2-16 — Prescribing the mitigation of impacts of development, the City shall give priority to the protection of trees and shall consider the financial impact of mitigation. Assistant Community Development Director Bunch said this gives "you that balance to seek. In addition,there is a policy that says: The City shall, in order to preserve existing trees and ensure new trees will thrive allow and encourage flexibility of site design through all aspects of development review. Assistant Community Development Director Bunch said this issue has been discussed and addressed. The Planting Commission has made its recommendation. "What we are hearing this evening are fears and concerns..." We have a whole range of land use goals and policies that address the aspects of development in the City of Tigard,which the Council and the Planning Commission, not bound by specifics, can weigh and balance when making decisions. TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 35 2008 City of Tigard 1 13125 5W Hall Blvd.,'Tigard,OR 97223 1 503-639-1171 1 www.tigard-or.gov I Page 11 of 20 Mr. Gertz contended that if it weighs in the wrong direction, senior citizens could lose their retirement funds. "This not a very happy situation for any us;we're all going to be there someday." Most of what we are dealing with today are small-lot subdivisions. He said he sees no harrn in referencing this. If it is not a problem, then put it in. This will give direction to those in the future. Councilor Wilson said he believes this language is there on Page 2-16, Goal 2. 7:4LI01'1Nt Staff Response: Associate Phumer Floyd noted Mr. Frewing expressed a broad concern that this document is not specific enough to bind the City to do anything. The document does not prescribe administrative practices or regulations. The document does have specific objectives for the City. For example,Policy 2.3.1 The City shall develop and implement standards or procedures designed to minimise the reduction of existing tree cover, with priority given to native trees non-native varietals that are long lived and/or provide a broad canopy spread. The above tells die City to establish standards that will minimize tree removal and also prioritize. It doesn't say how we will do it,but describes the overall objective. Policy 2.3.6 requires the City to provide flexible standards that are available to builders. If you are going to ask the development community to protect more trees, we should give them the tools to do so. Alternatives analysis was discussed by the Tree Board. At the time of this discussion, staff was concerned about asking a person to provide multiple site plans for one project might be in conflict of the requirement for clear and objective standards. Also, submitting multiple plans might not be the best way to do this. Associate Planner Floyd referenced the appeal of a administrative interpretation over how soon one can demonstrate they have minimized tree removal. The current process does not require people to submit multiple maps. There is a narrative that requires the developer to talk about the process they went through. Associate Planner Floyd said he would argue the proposed language does give specifics; this is not a useless exercise and there are specific results that will emerge. 7:41:_S P�[ Councilor Buehner referred to the Homebuilder's letter (Mr. DeHarpport), Item No. III (on the first page) relating to language on Page 2-12 and the top of Page 2-13. She said that she did not see any language in the proposed Comprehensive Plan that addressed the specific issue. She said she would not have a problem with adding this language, to make it clear that the City will continue to recognize the right of people who are not developing to have control of what they do with trees on their own property. Councilor Sherwood said she felt the same way. Councilor Sherwood added TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 3, 2008 City of"Tigard 1 13125 SWI[all Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page 12 of 20 that she thought that Councilor Woodruff, at another meeting, commented that we do not want to be getting into anyone else's backyards. 7:45:54 I'M Associate Planner Floyd referred to discussions about the above comments at the Tree Board and Planning Commission level. There was a lot of concern about Tigard becoming too restrictive affecting people's property rights. He said there are a lot of ways to do this. Many cities require permits and specify certain thresholds that have to be met;i.e.,you are allowed to cut up to three trees per year. The goal is to avoid clear cutting of the property. A lot of current research shotes that trees on property adjacent to another create value for both properties. There is a collective gain if the whole neighborhood is treed. The proposed document does not speak to permits, because the Planning Commission and Tree Board did not want to bind Council in this regard so that language was removed. 7:•17:08 I'M Associate Planner Floyd noted there was a property owner in Tigard who had no intent to develop his property but he was selling his property to a different party. The purchaser asked the seller to cut the trees before the sale was closed. Associate Planner Floyd said he is not sure if the current language would prevent this type of situation. 7:4Z,iB P"'I Councilor Wilson asked if any thought was given for more aspirational language in the Code that wasn't specific but would provide that homeowners would not be unduly burdened with regard to tree removal. Are we requiring people to live a certain way on their land; is there some flexibility. Councilor Wilson said he didn't see anything that spoke to what Councilor Sherwood and Councilor Buchner mentioned. 7:48:79 PU Assistant Community Development Director Bunch noted this is an important issue. A homeowner on a 5, 10 or 15,000 square foot lot has a right to manage his or her trees and landscape in the manner that is consistent with their lifestyle. Comparatively,if we have a four or five acre piece of property that has a lot of trees on it and it is clear cut one year and someone waits to build on it, then the City has lost a considerable number of resources. There needs to be a distinction. To have the flexibility for future decisions,the City might want to adopt a policy that recognizes the rights of individuals to manage the trees and landscapes on their own property. That would not include the clear cutting of sites that have significant importance. So, recognizing the rights of individual homeowners to manage their trees and landscapes is important, but at such time the City Council or the future City Council decides to adopt a permit process, then they would have this particular policy to guide them. For example, regulating the cutting of each individual tree five inches in diameter and requiring a person to get a permit to do so is not conducive to the homeowner's rights;however,requiring them to get a permit to cut mote than 15 trees per year (for example) or to provide advice and encouragement to manage their landscapes might be in the City's interests. Assistant TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 3, 2008 City of Tigard 1 13125 SW I-Tg1l Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgstrd-or.gov I Page 13 of 20 Community Development Director Bunch suggested language to recognize the rights of individuals to manage their private trees and landscapes would be sufficient. 7:51:211 PN1 In response to Mayor Dirksen, Councilor Buchner said she would find this type of language to be acceptable "if we can be clear that we are not imposing any litnitations on the property owner with respect to individual trees or a small number of trees." She said she understands the concern if someone wants to clear cut the property; this is a different issue. We do not want to get down to telling people what they can or cannot do with their property. She does not think this is what the residents of our community want in terms of taking care of their own property. Councilor Buchner said she would like for there to be a policy statement in our Comprehensive Plan reflecting the above. If a future City Council would want to be more restrictive, then they would need to go through the process for a Comprehensive Plan amendment 7-53:31 PAI Mayor Dirksen said he thinks that Assistant Community Development Director Bunch's proposed language reflects the aspiration as stated by Councilor Buchner without being too specific. The proposed language acknowledges the rights of residents to have control over the landscaping on their property without undue interference from the City. 7:ii531'M As a point of clarification, City Manager Prosser asked if it would make a difference to the City Council whether the property was dividable under current zoning — or not dividable? City Council indicated it would not make a difference. Councilor Buchner said that something that is not dividable now might at some point in the future become. dividable. We need to maintain the maximum amount of flexibility. We are looking a major policy issue of whether we want to tell homeowners what to do on their own property. In response to a question from City Manager Prosser, Councilor Buelmer pointed out there are not that many large lot owners in the community;we are dealing with small infill-types of potential development Councilor Sherwood noted in her condominium association , they have a large trees and two have had to be removed. No permit was required. She said she talked to the City forester who confirmed for her that these were diseased and would not recover. At the same time, Councilor Sherwood noted that there are some people in her association that would Like to have all the trees removed while others want the tree canopy. You have to find the balance; yet, she would not want the City to determine that the trees could not be removed. Mayor Dirksen said he thought the definition £or nuisance or hazardous trees would be different that the general removal of trees for no particular reason. Councilor Sherwood agreed. 7-55A9 I'M Councilor Buchner noted another city requires the homeowner to prove that a tree is sufficiently diseased to justify a permit for removal. She noted this could be expensive for the property owner and she was concerned that the City of Tigard would not move TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 35 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigird-or.gov I .Page 14 of 20 in that direction. Councilor Sherwood agreed. Councilor Wilson added he thought the whole City Council agreed. 7:57:12 1'N1 h. Mayor Dirksen closed the public hearing. 7:57:19 PNI i. Staff comments and recommendations: Assistant Community Development Director Bunch, in response to an inquiry from Mayor Dirksen advised that he would place the policy under the first goal: "To enlarge and improve and sustain a diverse urban forest (Page 2-13); it would be acceptable to place the language either under Goal 2.2 or 2.3. Assistant Community Development Director Bunch said that based upon the above conversation, he thought it was important to recognize the rights of the individuals; they need to manage trees and landscapes; but it also needs to also be on developed residential lots. Combining the three principles, Assistant Community Development Director Bunch proposed the following language: The City sball ircogni�e the lights of individuals to manage hies and landscapes m developed nsideutiallots. 7-59-50 PNI Councilor Buehner said she did not think the City Council said specifically just on developed residential lots. Mayor Dirksen said that is what Assistant Community Development Director Bunch is recommending to be added as this would help avoid the opportunity for clear cutting. There is a difference between potentially developable property. Councilor Wilson commented on the distinction being not to impose regulations on someone's living situation, their home. Mayor Dirksen said that's why he recommended the wording include "resident" as opposed to "property owner." Councilor Wilson added that this would not apply to other types of land;i.e.,industrial. Councilor Sherwood said she liked Assistant Community Development Director Bunch's language. 7:>9-1I P\I Councilor Buehner asked that if she has a house and a separate lot that is undeveloped that could be divided,how would that policy apply to trees that she had on the potential second or third lot. Assistant Community Development Director Bunch responded: For example, if you had a lot that was 20,000 square feet and it is not divided. That would be considered a developed,residential lot so you could manage your landscape any way you would want. But, if you had a 10,000 square foot lot and also owned another tax lot adjacent to it and there is a tax lot line separating the two, then this policy would apply to the lot on TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 33 2008 City of Tigard 1 13125 SW Ball Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.fiWird-or.gov I Page 15 of 20 which your house sits on. The intent would be to regulate the clear cutting of the lot adjacent to you; that is one outcome. He also noted regulations would need to be developed. The intent would be to no constrain a person in any way of managing the landscape on the property that your house is on, but it could likely constrain you to manage the landscape on the separate lot 9-0]:Is hal Mayor Dirksen asked how this would apply to that salve 20,000 foot lot if it was dividable; if it was one lot tax now, but it could be divided. Assistant Community Development Director Bunch responded that it would say you would have the right to manage the landscape on the whole 20,000 square foot lot 8701:41 I'M Councilor Buchner noted there are tax or estate planning reasons to partition property and she is raising the concern whether the City would be creating a discriminatory situation if there is a differentiation between whether one lot is split and one is not Mayor Dirksen responded to Councilor Buehner's comment and said if the property owner has done that, then they have created a situation that is different. Therefore, it would be legitimate for the City to recognize the difference between the two circumstances. Councilor Wilson suggested the discussion was getting too specific. Councilor Sherwood said this type of language would be considered during the Code update. Mayor Dirksen said that what we are looking for is language now that will guide to the proper type of code. Councilor Sherwood responded that what Assistant Community Development Director Bunch has written makes sense. 8:0234 hal Assistant Community Development Director Bunch said he did not use the word "residence" because the property might be renter occupied. The word "individuals" is broadly inclusive and allows maximum flexibility for the property owner. Councilor Wilson suggested the following wording The City of Tigard shall twogtih�e the right of individuals to viallage their home landscapes. Councilor Wilson asked why we would need to be specific about whether it's a lot or dividable; this would come later in code. Mayor Dirksen asked Assistant Community Development Director Bunch to repeat his proposed language. Assistant Community Development Director Bunch said: The City shall recognie the rights of individuals to manage trees and landscapes on developed residential lots TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 35 2008 Cityof Tigard I 13125 SW I Iall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 16 of 20 8-01`77 111 City Attorney Yamaclvka spoke to Assistant Community Development Director Bunch about addressing the specificity issue on residential developed lots is fairly specific and he would agree with Councilor Wilson that something that says: The City will continue to recognize that individuals have the right to manage tees and landscaping on theirp,vperty. Discussion followed regarding additional changes to the wording. Councilor Wilson was asked to restate his suggestion: The City of Tigard shall recog�ti�e the right of individual to manage their hones (or their hone)landscapes. Additional discussion on the wording followed regarding the wording which would represent the intent of the City Council. Assistant Community Development Director Bunch suggested the following wording: The City shall�cogniZe the eights of individuals to manage their residential landscapes. There was consensus of the City Council regarding the above wording. Mayor Dirksen suggested it would be more appropriate for this wording to appear in Goal Section 2.3. 8:05:57 rni Councilor Buchner recommended that the letter supplied by the Homebuilders be included in the reference materials for those who will be working on the ordinance- process. Councilor Sherwood added that Sue Beilke's comments should be included and Councilor Buchner concurred. Attorney Yamachika recommended the City Council make a motion to add this language to the Comprehensive PIan. K:07:1;I'M Motion by Councilor Buchner to amend Goal 2.3 (Exhibit A of the proposed ordinance) to recognize the rights of individuals as read by staff (The City shall recognise the rights of individuals to manage their residential landscapes.) Councilor Sherwood seconded the motion. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 39 2008 City of Tigard 1 13125 SW I-Tall Blvd.,Tig ird,OR 97223 1 503-639-4171 1 www.tig rd-or.gov I Page 17 of 20 �I Councilor Sherwood made a motion to adopt the ordinance; however, this motion was withdrawn when it was pointed out that there were some housekeeping amenchnents to consider also. After discussion on process, the following motion was stated as follows: s:rna:�i r.[ Motion by Councilor Buchner to adopt the staff recommendations set forth in Attachment 8 (of the Council Agenda Item Summary document) to be included as part of the ordinance. Councilor Wilson seconded the motion. The motion was approved by a unanimous vote of Council present Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Motion by Councilor Sherwood to adopt Ordinance No. 08-08 as amended. Councilor Wilson seconded the motion. ORDINANCE NO. 08-08—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00002 TO ADD GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 2: TIGARD'S URBAN FOREST The motion was approved by a unanimous vote of Council present Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes 4. DISCUSSION ON TIGARD MUNICIPAL CODE SECTION 2.44.010—CITY COUNCIL COMPENSATION Council discussed a recommendation from the Council Service Task Force regarding Council Compensation relating to additional responsibilities that could be assigned to the Mayor or a City Council member along with an increased stipend to be paid to the official who agreed to the increased assignments. Assistant City Manager Newton reviewed this agenda item. Highlights of the discussion that followed are listed below: TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 33, 2008 City of Tigard 1 13125 SW I fall Blvd.,Tigard,OR 97223 1 503-639-4171 1 wwxv.tigard-or.gov I Page 18 of 20 I The proposed ordinance was reviewed -- Assistant City Manager Newton suggested omitting the last sentence in Section 1 of the ordinance. ➢ Section 2 of the ordinance would define responsibilities and the term (i.e.,might be 3-years); set compensation more generally. Specificity would be set by the City Council. ➢ Councilor Buehner and Councilor Sherwood spoke to how this came about as a recommendation by the Council Service Task Force. The goal is for die City to have more effective regional representation if an elected official has the ability to attend more key meetings. This should translate into more resources for the City of Tigard. ➢ Council members stressed that they would like to invite and receive public comment on this proposal. Councilor Wilson noted that this was not about compensation of a City Council member,but more about giving the Mayor (or Council President) the ability to be more available. While recognizing there are trade-offs to have the elected positions be classified as citizen representatives, at the same governance is very demanding and the City could receive more benefits with a Mayor more engaged. ➢ Councilor Wilson commented there was no hurry to implement this and the City Council should take more time to consider how or if it should be implemented. ➢ Mayor Dirksen suggested that people send in recommendations to Assistant City Manager Newton so she could create another draft for the City Council to review. After discussion about how to proceed from here, the City Council members agreed to schedule this item for public comment on June 24,2008. City Council members will provide input they might have to Assistant City Manager Newton as she prepares the information for the June 24 meeting. 5. EXECUTIVE SESSION: Not held. 9:32:5;�'\I 6. ADJOURNMENT Motion by Councilor Sherwood,seconded by Councilor Wilson, to adjourn. The motion was approved by a unanimous vote of City Council present: Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 32 2008 City of'I'iprd 1 13125 SW!-Tall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.til,-ird-or.gov I Page 19 of 20 Attest: atherine Wheatley, City Recorder Ma , ity of Tigard Date: TIGARD CITY COUNCIL/LCRB/ MINUTES -JUNE 3, 2008 City of Tigard 1 13125 SIX Hall Blvd.,Tigard,Olt 97223 1 503-639-4171 1 www.t4,-ird-or.g0v I Page 20 of 20