City Council Minutes - 09/11/2012 n City of Tigard
■ Tigard City Council Meeting Minutes
• September 11, 2012
IR TIGARD CITY COUNCIL/LCRB IR
MEETING DATE/TIME: September 11,2012—6:30 p.m.
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223
• STUDY SESSION
Council Present: Mayor Dirksen,Councilors Henderson,Wilson,Woodard and Buehner
Staff Present: City Manager Wine,Assistant City Manager Newton,Risk Manager Mills,Deputy
City Recorder Krager
EXECUTIVE SESSION: At 6:30 p.m. Mayor Dirksen called the meeting to order and
read the citation to announce that the Tigard City Council would be entering into
Executive Session to consult with counsel concerning the legal rights and duties with regard
to current litigation or litigation likely to be filed,under ORS 192.660(2) (h).
Executive Session ended at 7:15 p.m.
ADMINISTRATIVE ITEMS
o Mayor Dirksen gave background on a request for Tigard to support the Tualatin City
Council changing the name of the Tonquin Trail in Tualatin to the "Ice Age
Tonquin Trail." Council agreed to consider a resolution at a future meeting.
o Mayor Dirksen said there is a CCDA (City Center Development Agency) meeting
scheduled for November 6, 2012,which is also Election Day. He asked council
members if they prefer to hold the CCDA meeting as scheduled or postpone any
items to a future meeting. City Manager Wine noted there are no agenda items
scheduled. Council agreed to cancel this meeting. Any urgent CCDA items that
arise will be heard at the October 2 or December 4 CCDA meetings.
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 16
o Council discussed the schedule for tonight's continued public hearing on Agenda
Items No. 5 and 6—Urban Forestry Code Revision Comprehensive Plan
Amendment (CPA) 2011-00004 and Development Code Amendment (DCA) 2011-
00002
Mayor Dirksen noted that Council was given copies of additional comments,which
have been added to the record.
A)Letter,dated September 5,2012, from Brian Wegner,Tualatin
Riverkeepers
B) Email, dated September 5,2012, from Justin Wood,Home Builders
Association of Metropolitan Portland
C) Letter,dated September 11,2012, from Robert E. Ruedy
Council President Buehner said she was concerned about timing and covering all of this
material tonight. Mayor Dirksen said if needed, the council we will continue discussion
to a future date. City Manager Wine said the Issues of Interest were developed from
council's questions and comments raised at the last meeting. She said she and Interim
Community Development Director McGuire will make sure they captured council's
concerns accurately and that anything new from tonight is added. She said they want to
focus on the standards for development section because it is the foundation of the code
revision. She said Planning Commission Chair Walsh's presentation may answer some
of the questions.
City Manager Wine brought up two procedural points. Ninety minutes have been
scheduled for this agenda item and there is a council groundrule that says council will
check in with each other at 9:30 p.m. to see how the meeting is going. She said at either
point council may decide to postpone remaining discussion until the next public hearing.
o The THS Student Envoy will most likely not be in attendance tonight.
o Mayor Dirksen noted that Councilors Woodard and Henderson had questions
regarding an item on the consent agenda and asked them if they wanted it pulled for
separate discussion. Councilor Woodard requested a chance to comment on this
item but did not want it pulled for separate discussion.
The Study Session ended at 7:21 p.m.
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 16
BUSINESS MEETING
1. BUSINESS MEETING—September 11, 2012
A. At 7:31 p.m. Mayor Dirksen called the meeting to order.
B. Deputy City Recorder Krager called the roll:
Present Absent
Councilor Woodard ✓
Councilor Wilson ✓
Council President Buehner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
C. Pledge of Allegiance
D. Council Communications &Liaison Reports—Councilor Woodard reported on
a Parks and Recreation Board meeting. He gave an update on parks acquisition and
concept planning. There will be a celebration at the Fields property in early October;
Metro is working out the details. A request was made to put park updates
on the website. He noted that the ballroom property on Commercial is available and
could be used for a city recreation program.
Councilor Woodard described a presentation given to PRAB by recreation
consultant Vince Arditi which outlined what a city recreation program can
accomplish. He said advice given is to use available resources and sculpt the
program to the resource availability and what citizens want. He recommended the
presentation be viewed by the entire council when they are ready to consider a
recreation program.
There was discussion on the rotary club and donated fitness equipment. In response
to a question from Mayor Dirksen, Councilor Woodard said it would be appropriate
for installation along a walking trail.
8 Mayor Dirksen reported on the Washington County Coordinating
Committee meeting. He said they are on a very short timeline to get an ACT (Area
Committee for Transportation) together to accept federal funding through ODOT.
Washington County will make recommendations on project priorities but this does
not preclude cities from applying directly. He noted that Tigard Senior
Transportation Engineer McCarthy was at the meeting and will prepare a list
of projects for the state and county lists.
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of 16
In response to a question from Councilor Woodard,Mayor Dirksen said
a prioritized list is being developed through the CIP.
E. Call to Council and Staff for Non-Agenda Items—Councilor Woodard said he
wanted to discuss the Vision Action Network (VAN) at the end of the meeting.
2. CITIZEN COMMUNICATION (Two Minutes or Less,Please)
A. Follow-up to Previous Citizen Communication—City Manager Wine said
a group of Park Street neighbors will attend a facilitated meeting this Thursday
evening with the operator of Fairhaven Homes and the Assistant City Manager.
There will be a forum for questions and answers.
B. Tigard High Student Envoy (not present tonight)
C. 12 Tigard Area Chamber of Commerce Chief Executive Officer Debi Mollihan
spoke about upcoming chamber activities. The Tigard Farmers Market is open for
a few more weeks and the last day is Sunday,October 28. She said the
Chamber launched a new website that is very member and community friendly.
There is an events calendar and people can schedule the meeting room online. The
new Chamber Directory will be released in October.
D. Citizen Communication: No one signed up to speak.
3. PROCLAMATION—Mayor Dirksen
Mayor Dirksen noted that today is the 11th anniversary of the terrorist attack on the United
States. He requested there be a moment of silence in honor of those who lost their lives on
that day.
Mayor Dirksen proclaimed September 17-23,2012,as Constitution Week,the 2252''
anniversary of the signing of the Constitution.
Council President Buehner noted that today is the City of Tigard's 5152 birthday.
4. IR CONSENT AGENDA: Mayor Dirksen gave a synopsis of the consent agenda items.
A. Receive and File:
1. Council Calendar
2. Tentative Agenda
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 16
B. Approve City Council Meeting Minutes for:
1.July 10,2012
Local Contract Review Board:
C. AWARD A CONTRACT FOR TELEVISION INSPECTION SERVICES OF THE
CITY'S SANITARY SEWER LINES TO PACIFIC IN-R-TEK
Councilor Woodard commented regarding this contract and said he realizes the
service is critical but preventive maintenance should have been in the forecast and
thus part of the budget. Mayor Dirksen said it is unusual that it is in the
supplemental budget.
City Manager Wine said there was a glitch in the budget development process and it
got missed. She said that through the intergovernmental agreement with Clean
Water Services the city is obligated to check every sanitary sewer and storm water
line every seven years.
Councilor Henderson requested that when the first quarter supplemental budget
comes to council for consideration he would like to see a breakout of the impact to
the general fund and what is left in the contingency. He asked, "Are we asking to
have this contract approved now and get the money later,and is this the right way
to do things?" City Manager Wine replied there is a base amount budgeted but the
incremental amount was not, and that will appear on a future supplemental budget.
It was the incremental amount that got lost in the budget process. She said if council
desires, staff can wait and bring back this item after the supplemental budget is
approved. No member of the Local Contract Review Board requested that
consideration of this item be postponed. Council President Buehner moved for
approval and her motion was seconded by Councilor Wilson. The motion to
approve the consent agenda passed unanimously.
Yes No
Councilor Woodard ✓
Councilor Wilson ✓
Council President Buehner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 5 of 16
5. CONTINUATION OF PUBLIC HEARING ON URBAN FORESTRY CODE
REVISIONS—DISCUSSION ON LAND USE ELEMENTS
—URBAN FORESTRY CODE REVISION PROJECT—
COMPREHENSIVE PLAN AMENDMENT (CPA) 2011-00004
DEVELOPMENT CODE AMENDMENT (DCA)2011-00002
At 7:55 p.m. Mayor Dirksen reopened the continued public hearing on both the land use and
non land use elements of the Urban Forestry Code Revisions. He commented on the last
council meeting discussion saying, "I walked into the meeting believing we were in the home
stretch to bring forward a new urban forestry code. But I heard from my fellow councilors
several concerns that led me to believe that may not be the case and that there might be a
need to go back and restructure what had already been done. If that is the case, I would
encourage them to reconsider." He said he heard comments regarding basic policies and
concepts regarding the targeted forest canopy percentage, such as a desire to cut the
percentage in half. He heard from another councilor that there are already enough trees
in Tigard. He said he also heard that staff may have redirected the Citizen Advisory
Committee away from council's original direction and he does not believe that is true and
those statements represent the direction given to the CAC when the process started.
Mayor Dirksen shared some things that were in the Urban Forestry Master Plan (UFMP)that
was approved by this council. He said some were directly quoted comments. Goals included:
o Strive to achieve 40 percent citywide tree canopy by 2047.
o Develop canopy cover or tree density standards for all lots to be met either by
preserving existing trees or planting new trees.
o Create a design and maintenance manual with drawings and specifications for
species selection,planting and maintenance.
o Require a private arborist to be involved in the development process from site
planning through landscape installation.
o Require landscape architects to develop landscape plans for projects of a certain
type and or size
o Revise TMC to establish a permit system for planting removal or replacement
of required trees
He said these were specific goals and direction given by council to the CAC for the creation
of the code proposal and he believed it reflects this direction. He said the public process
was unprecedented.A CAC was created to review the approved Urban Forestry Master Plan
and to work with staff to create a code structure that would meet our goals. They were
successful even through there was a broad, diverse group of people involved. Their
proposal was brought before the citizen Planning Commission,which reviewed it and
unanimously approved forwarding the code revisions to the council. He said that since
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of 16
council's last meeting he reviewed letters received from two CAC members from opposite
ends of the spectrum, from Tualatin Riverkeepers on the one side and the Home Builders
Association on the other. They both supported the proposed code revisions and encouraged
the City Council to approve them as brought forward from the Planning Commission.
Mayor Dirksen said, "With that kind of broad-based support in the community and based on
the direction that council gave the citizen panels, I think at this point to consider a major
change in the policy direction is fraught with peril and would be a huge mistake."
Mayor Dirksen said he heard from fellow councilors some specific technical concerns and he
also had some. He said those issues can be adjusted,resolved or removed to make this
work. He said he recognized that the City Council has the responsibility as final arbitrator to
consider what is brought before them and make sure that it meets the needs of the citizens
of Tigard. Staff met with council nine times since the Urban Forestry Master Plan adoption
to keep them up to speed with how the proposal was developing. He acknowledged there
are some policy issues to discuss now that council has seen the entire proposal. He said he
wanted to accomplish two things at tonight's meeting:
o Hear from the President of the Planning Commission,who could not
attend the last meeting,about key highlights regarding the development of the
proposal from the CAC to the Planning Commission hearings and how that relates
to council's questions; and
o Discuss with City Manager Wine and Interim Community Development Director
McGuire on how the proposed code relates to the UFMP goals and to confirm that
all the concerns and questions raised by council are listed. At the October 23 meeting
these questions will be answered and discussed.
10 Planning Commission President Walsh outlined the history of the urban forestry
code. He said he was involved through the city's entire comprehensive plan process and
commented that the tree section was the most contentious. Many people wanted to talk
about trees. In 2008, a priority of the Planning Commission and the City Council was to do
something about mitigation. Council advised the Planning Commission that the tree section
of the comprehensive plan was a high priority. He said that led to the Urban Forestry Master
Plan. Staff suggested a citizen advisory committee and a technical advisory committee be
formed. Although he disagreed initially with such a structured program, he said it was a
fantastic process that brought both sides of the spectrum together. The Planning
Commission and the City Council received interim reports, findings and recommendations.
The development code portion of this process came to the Planning Commission who took
on this large,contentious issue and held four public hearings over four months.They
received testimony from the CAC, the Home Builders Association and ten members of the
general public. Much of the testimony they received was written.
Mr.Walsh said that the Planning Commission members realized they didn't understand it all
after the first few hearings so they asked the staff for help. AKS Engineering tested the code
and applied it to past and current projects and offered it as case examples. He said
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of 16
Councilor Wilson would have found the ensuing discussion exceptional.AKS showed how it
applied to actual cases and said it works fairly well and is much better than what the city had.
He noted for Councilor Woodard that they found it to be more cost effective. He said there
had been discussion with staff about setting up the same session for council which he
recommended.
Planning Commission President Walsh said there were surveys and open houses and it was
well vetted with public input that came back to the Planning Commission. Two Planning
Commission members,he and Donald Schmidt were on the Citizen Advisory Committee.
He noted that the rights of citizens to remove trees on their own property have been
protected throughout the process. He said that the proposal only applies to new
development,not existing development. He said they wanted to educate people about the
correct way to remove trees. A permit was designed,not as a money-maker,but will require
people to go online or come to the Permit Center and get this information with their permit.
The Planning Commission did not discuss permit fees.
He noted that Ken Gertz and the Home Builders Association were present from the
beginning and involved in many discussions. He said there were parts that they would still
like changed but the Planning Commission strived for balance. Some items amended by the
Planning Commission from the original CAC recommendation include:
o Reduced tree canopy from 40 percent to 33 for small residential lots.
o Reduced the per lot canopy requirement from 20 percent to 15 percent.
o Allowed for averaging of tree canopy across all lots in a subdivision.
o Eliminated the 15 percent requirement for small lots,commercial lots,industrial,
schools and mixed use lands.
o Recommended granting bonuses for planting native trees but people are not required
to do so (Phis came from a letter from Oregon Department of Wildlife saying native
trees are preferred by wildlife.)
o Allow a landscape architect or arborist to prepare plans.
Areas not addressed by the Planning Commission:
o Solar access and rights-Planning Commission deemed outside the scope.
o Tree heights affecting views
Planning Commission President Walsh said they recognized that the existing tree mitigation
system was broken and not working. They realize that the tree canopy goal is somewhat
aspirational.He said the City will not all achieve 40 percent cover because the system has
many credits. He said the tree code is not perfect but it is better,as AKS Engineering can
attest. He said the Planning Commission recommends that this program be evaluated in a
few years and it may require adjustments.
Planning Commission President Walsh said the new tree code sets a long-term goal for trees
across the city's landscape. It also:
o Strives to incentivize citizens to embrace trees and feel good aboutthem.
o Provides incentives to preserve existing tree groves.
TIGARD CITY COUNCIL MEETING MINUTES— September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of 16
o Replaces punitive mitigation fees with incentives.
o Provides generous credits towards canopy goals if trees are not cut and left.
o Canopy targets are tiered to density.
o Provides flexibility and ways to meet canopy goals.
o Provides a framework and place to address hazard trees.
o Simplifies code administration by placing the tree manual outside of the
development code.
o Does not prevent citizens from removing trees on their own property.
o Provides canopy credits for using green building techniques in lieu of planting trees.
o Allows for payment of a fee in lieu of meeting canopy targets but this is only an
option and wasn't viewed as a desired outcome.
o Meets goals set forth in the Comprehensive Plan and Urban Forestry Master Plan.
He said he hoped to see this moved forward by the end of this year. He said developers and
citizens are waiting to utilize the features of this proposal.
Planning Commission President Walsh commented on the discussion on this topic held at
the August 14,2012,meeting. He said he watched a replay of the meeting and it seemed to
him that the City Council and Planning Commission were disconnected at times. He said
addressing specific issues and holding meaningful discussions will help the Council and
Commission to stay more aligned.
City Attorney Hall announced that this is a legislative land use public hearing that will be
treated as a work session for discussion between staff and council. There will be no public
testimony taken this evening. We are on the record and the hearing record is in the room.
Mayor Dirksen noted that the staff report for this agenda item has a calendar listing at
the end that says there will be no opportunity for testimony at the October 23 public hearing
but he believed that to be an error. City Manager Wine confirmed that he was correct;
public testimony will be taken on October 23,2012.
City Manager Wine and Acting Community Development Director McGuire said that
council was given two printouts developed since the last discussion,called Issues of Interest
and the Policy Roadmap. She said the Roadmap creates a relevant linkage between the
goals adopted in the Urban Forestry Master Plan and the way that the proposal is organized.
The Issues of Interest document has 47 questions identified by the City Council. She noted
that Planning Commission President Walsh answered many of the questions on this list
tonight. She said staff's goal is to determine which of the 47 questions were addressed
tonight and if some require answers or a fuller explanation. She said staff also wants to
capture anything
19 Councilor Wilson offered his reaction to the Roadmap document. He commented on
the increasing size of the forestry volumes and the range of ways to accomplish the same
thing. He said that there is too much detail and we got to this point because during there
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of 16
weren't checkpoints during the year of detail development. He said his 25 years of career
experience also gives him a unique perspective and while he did not have a problem with the
concepts,he is reacting to the sheer complexity. He said many of his comments relate to
his desire to make it simpler.
City Manager Wine acknowledged the time it would take the council to move through a
detailed proposal but said the code revisions are fairly comprehensive. She said these
principles were in the UFMP and the fact that council wants to delve into them and
potentially revise the proposal is what staff wants to discuss tonight. She said they want
to identify the major issues. City Manager Wine said the majority of council questions
raised related to forestry standards and tree permit requirements.
City Manager Wine said one-third of council's questions were addressed in the
administrative rules in the tree manual and she wanted to put this document in context. She
noted that what is in the tree manual is not what staff is recommending that council adopt in
the code. It is designed for a person at the permit counter responding to customer
questions. She said she recognized that the manual adds yet another layer of complexity to
what is already a very comprehensive code revision and staff can do something
different if council so directs. She said,"Quite frankly,it is a level of detail I would never
want to see in the Tigard Municipal Code." She said the main principles that Planning
Commission President Walsh identified are what staff is asking council to approve—the
land use elements and the non land use elements.
12 Mayor Dirksen clarified that the UFMP volumes are not the code,but rather the
history of the project. He said the tree manual is the administrative rule for the tree process.
Every time a new section of code is created,the staff has to create a process to
administer the new laws and write standard operating procedures and administrative rules.
City Attorney Hall said Tigard's administrative rule process as adopted by council is in
Tigard Municipal Code Chapter 2.04. It established the process whereby administrative rules
can be adopted under the authority granted to the city manager by council. He said
administrative rules must be followed like the code. Council has authority over all of it
however,and if here is something they are not comfortable with being an administrative
rule,they can place it the code or modify the rule.
Council President Buehner asked City Attorney Hall if a manual can be strictly an in-house
tool,as opposed to being formally adopted as administrative rules. He replied,
"Conceptually,yes,"and suggested it would need some adjusting as it was written under the
impression that it would be formally adopted.
Council President Buehner said her issue is not with the code but with the way it is being
interpreted in the manual. She said that most of the code is fine but there are specific areas
where it is unclear or it has been interpreted in a way she does not agree with. She said
another issue is the length of the process and said, "To be blunt, I allowed myself to be
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 10 of 16
brought along but have subsequently realized what the real result of some of the concepts
would be." She said her primary concern is the manual and felt it does take away people's
rights.
fel City Attorney Hall suggested a framework for addressing council's issues. He
suggested council start with the code and manual and make sure these documents lay out the
requirements that council wants. Then council can decide what elements belong as an
administrative rule and what elements belong in the code.
Council President Buchner said her primary concern is that it is difficult to use some
provisions of the tree code without the manual as they are so interrelated. She
understands that this was done intentionally but it opens the door to a variety of
interpretations.
Councilor Henderson said he is not comfortable with how the use of administrative rules
has grown.
City Manager Wine said that in the absence of administrative rules or a tree manual that
gives staff guidance,there may not be consistent application of the rules and from a due
process standpoint, the city is taking on more risk. She acknowledged the complexity of the
manual,but said if we do not follow administrative rules and are inconsistent in interpreting
the code for applicants,we are at greater risk for appeal or leaving the city open for a lawsuit.
Councilor Woodard said there are key elements that concern him. He said he doesn't see a
problem with the Planning Commission recommendations for canopy for new development.
He said he was concerned with costs and did not want the city to, "build a Cadillac
program when we might want to start looking at a Volkswagen." His rough estimates are
that changes due to this program might cost about$1.2 million to implement. He said
it was similar to the city recreation program,"We don't have the money." He commented
that he did not see that Tigard has a shortage of trees.
Councilor Woodard said he is concerned about the cost of this program adding to the cost
of building a home in Tigard. He said he is also concerned about the administrative rules
and was not in favor of any rule that interferes with individual private land owner property
rights. He said if he plants a tree on his property and it grows too large in 20 years, he wants
to be able to cut it down.
Mayor Dirksen said,"There is nothing in this proposal that would prevent that."
Community Development Director McGuire said staff can prepare more detailed
information on costs for the next council discussion on this on October 23. He noted that
some costs are being incurred now under the existing program. He said every time there
is a permit issued and trees are protected,this information is transferred to the GIS system
to be identified at the permit counter. This is a cost the city incurs that is usually
recovered through a portion of the tree permit fee.
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 11 of 16
Councilor Woodard said that although the tree program is very important,and he agreed one
was needed, staff has to realize that there are a lot of people concerned about costs and
infringement upon rights. He said there is concern that this could lead to unforeseen
onerous enforcement situations in ten years. Mayor Dirksen replied, "Very simply and
clearly,all of this that we are talking about only applies to new development,during
development."
Councilor Wilson said,and Interim Community Development Director McGuire agreed,
that if a tree is protected as a condition of development,it is protected forever. He said
that currently, street trees are required for single-family detached lots. Street trees are
generally in the right of way or nearby easement so technically,they are on public property.
He said what the new code potentially would do is require additional trees in the backyards
or other places that would then be protected (requiring a permit or mitigation to remove).
He suggested making a distinction between single-family detached homes vs. condos with
common space. He said in a condominium situation there is recognition that a tree doesn't
belong to one sole family. He said he would be more willing to accept this restriction on
corporate- or business-owned property than on a single-family detached home.
Councilor Woodard said people purchasing a home in a development likely realize there are
CC&R's. He said he was not sure a person building their own home on their own land
is going to have protection.
Interim Community Development Director McGuire briefly walked through a few scenarios
comparing current and proposed tree code process. Currently,if someone is buying a
single-family lot,platted in 1990 that went through a subdivision review,there are only
specific situations where a permit is required for removal: street tree, heritage tree,tree
planted specifically through the urban forestry fund or a tree identified through the
subdivision process as a tree to be preserved. Currently, the owner would be required
to go back through the subdivision process.The new tree code is a much simpler,over-the-
counter,permitting process. This owner could remove the tree and either plant another one
or pay into a fee-in-lieu fund.
Council President Buehner said,"There is a flaw in your argument. The trees that were set
to be left there are not put on the deed as a permanent deed restriction." She said the code
doesn't require this to be done therefore the buying public is unaware. She said they do not
get notice of this unless it is a recorded restriction on the deed. And if it is not on the
deed it is not enforceable. City Manager Wine said she will add this as issue No. 48.
Planning Commission President Walsh commented that the Planning Commission did not
intend for any legally binding deed restrictions to be placed on trees included to achieve the
canopy goal. City Attorney Hall asked Council President Buehner if she wanted to see a
deed restriction clause in the city code. She replied that she did not want that but wants staff
to know that if this is the goal,notice must be given of the restriction to prospective buyers.
City Attorney Hall suggested the discussion would be better served if council proceeded with
policy objectives and then he can advise how to get there once he had direction from
council.
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 of 16
Councilor Wilson said this question only pertains if we treat some trees differently than
others. If a permit is required for cutting down any tree—this is a non-issue.
Mayor Dirksen asked council if they wanted to walk through the issues to look for
duplicates. City Manager Wine said what staff wants to hear from council is, from a policy
perspective,what they want to see in the code. Planning Commission President Walsh
has already said what the intention was with the Planning Commission proposal.
She said the issues are sorted by code sections. Staff organized the questions by key
organizing principles of the code revisions. She noted that there were 19 questions in the
urban forestry standards category,but there was no major controversy with tree grove
preservation requirements. There were questions about permitting requirements and
hazard trees and many questions about the manual. She asked council what they wanted to
tackle tonight and what they could discuss in October.
Council President Buehner said her sense is that all council is in favor of the aspirational tree
grove preservation incentives program. She said she wants to discuss tree height,views and
solar rights and asked if a number could be assigned to those concerns and a discussion held
later. City Manager Wine asked if council wanted to talk about these concerns now;council
decided to note this concern for later discussion.
Councilor Wilson said he strongly supports fixing the amount of soil required when planting
trees,but asked, "Can we start with a little less soil?" He said the industry is still
experimenting on structural soil requirements. He suggested moving in that direction and
requiring it in parking lots. In response to Interim Community Development Director
McGuire's question about requiring this for street trees, Council President Buehner said
more soil might be needed in large parking lots but the cost for the amount of soil required
seems onerous for residents.
At 9:13 p.m. Mayor Dirksen asked council if it would be possible to go through the Issues of
Interest so that staff can prepare answers by the October 23 meeting.
Council President Buehner said that several questions deal with canopy percentages and are
closely related. Planning Commission President Walsh asked staff to come to that meeting
with graphics to help reduce discussion time.
Council President Buehner asked for a section to be assigned to solar rights, tree height and
view issues and noted that this section can be discussed later. City Manager Wine asked
for clarification on whether council's intent is to discuss these for the code now or put a
placeholder in for later discussion and council said they want to address it later.
Councilor Henderson said wanted to clarify what he heard from people regarding the tree
canopy requirements. He suggested that because of the economy and other factors, citizens
should plant their own trees and the city should back off a little bit. He said council needs to
be conscious about encouraging development in the next four to eight years and doesn't
want the tree code to be a hindrance.
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov I Page 13 of 16
Councilor Wilson said part of the problem is that 40 percent shade sounds like a lot. He
said we are really talking about a certain number of trees that will be required and they will
be spaced in such a way that sometime in the future -maybe in 50 years,they will produce a
tree canopy cover of 40 percent. Planning Commission President Walsh agreed and said the
City would be approving a plan at the time of development, that if successful,will provide a
40 percent effective canopy in the future. Mayor Dirksen commented that the 40 percent
goal is for the entire city and includes riparian areas where the cover could be as high as 100
percent. Interim Community Development Director McGuire said that if you have a 20
percent canopy on your property and you preserve those trees you get double the percent.
When you subdivide,you wouldn't have to plant additional trees. Also, street trees crowns
are counted towards the property canopy even though the cover may be mostly on public
right of way.
Council President Buehner said she prefers sun-loving plants and has problems growing
them in her yard because there are too many trees. Mayor Dirksen said the 40 percent
canopy is subdivision-wide so some yards will have more and some less.
Councilor Woodard read comments from Ken Gertz relating to tree plan requirements for
small lot developments being a waste of money. Staff said a tree plan is required currently
and will be required with the new code but street trees will be factored in.
Councilor Wilson said his chief objection to the canopy standard is not the flexibility of
being able to achieve it different ways,but the complexity of drawing the plan. It could cost
property owners more. Councilor Wilson suggested making it easier to comply and achieve
the same results. Mayor Dirksen asked him if he could propose different language and
Councilor Wilson requested that it shouldn't be so restrictive. Planning Commission
President Walsh said AKS found compliance to be less expensive. Interim Community
Development Director McGuire said he could invite AKS staff to a future council meeting.
Council President Buehner noted that the issue of very small infill projects (2-4 lots) is not
on the list. What is required in a big subdivision may not work with smaller subdivisions.
She questioned whether the rules in the manual (not the code)will be sufficiently flexible to
address these needs. She also said many of these lots are on hillsides. The map examples
show flat land and there are topography issues. Planning Commission President Walsh said
the Planning Commission attempted to address infill lots and lowered the requirements.
10 At 9:32 p.m. Mayor Dirksen thanked Planning Commission President Walsh for
attending the meeting. He continued the public hearing until October 23,2012. Councilor
Henderson asked why there were duplicate materials for agenda item No. 5 and No. 6. City
Manager Wine said some elements relate to land use and some to non land use and council
has spoken interchangeably about land use and non land use items tonight.
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 14 of 16
6. CONTINUATION OF PUBLIC HEARING ON URBAN FORESTRY CODE
REVISIONS—DISCUSSION ON NON LAND USE ELEMENTS
- URBAN FORESTRY CODE REVISION PROJECT—
COMPREHENSIVE PLAN AMENDMENT (CPA) 2011-00004
DEVELOPMENT CODE AMENDMENT (DCA) 2011-00002
This item was heard coneumntywth Agenda Item No. S. Mayor Dirksen continued the public hearing
on both land use and non land use Urban Forestry Code Ret cions to October 23, 2012.
7. CONSIDERATION OF QUASI-JUDICIAL PUBLIC HEARING—COMPREHENSIVE
PLAN AMENDMENT, SENSITIVE LANDS REVIEW AND ADJUSTMENT TO
EXTEND WALL STREET
Mayor Dirksen opened the Public Hearing at 9:34 p.m. and continued it to 7:30 p.m.,
December 11,2012,at Tigard Town Hall.
In response to a question from Council President Buehner,City Attorney Hall said the
Fields property sale is still pending. He said the understanding with the applicant is that
they will withdraw their application once the transfer has been completed.
8. COUNCIL LIAISON REPORTS: None
9. NON AGENDA ITEMS: ® Councilor Woodard attended the Vision Action Network
meeting and found that AARP is part of that body (as are the World Health Organization
and Portland State University). He discussed the Coming of Age in America videos and
said this brings senior citizens together to give them a forum to tell how we are doing and
what cities can do to make things better for the aging population.
He said they are examining the built environment as well as the social environment. Council
President Buehner recommended that Councilor Woodard get involved with VAN.
Councilor Woodard suggested forming a Citizen Advisory Committee (CAC) for senior
citizens. Council President Buehner suggested that Councilor Woodard investigate
Summerfield's recreation program which serves a large contingent of Tigard seniors.
10. ADJOURNMENT
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 15 of 16
At 9:44 p.m. Councilor Henderson moved for adjournment. Council President Buehner
seconded and the motion passed unanimously.
Yes No
Councilor Woodard ✓
Councilor Wilson ✓
Council President Buehner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
Carol A. Krager,Deputy City ecorder
Attest:
le - -
%--- -- &--aZ2
Craig Dirksen, Mayor
00w C)
d
Date
TIGARD CITY COUNCIL MEETING MINUTES — September 11, 2012
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 16 of 16