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City Council Minutes - 01/19/2010 Agenda Item No. 5- Ct - Meeting of a!g City of Tigard Tigard Workshop Meeting — Minutes TIGARD CITY COUNCIL MEETING DATE/TIME: JANUARY 19,2010—6:30 P.M. -WORKSHOP MEETING MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 1. WORKSHOP MEETING 1.1 At 6:35:06 PM Mayor Dirksen called the meeting of the City Council to order. 1.2 Deputy Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Councilor Webb ✓ Council President Wilson ✓ Councilor Buehner ✓ Mayor Dirksen ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports-None. Mayor Dirksen said Agenda Item No. 7 has been postponed. 1.5 Call to Council and Staff for Non-Agenda Items-None. 2. ANNUAL JOINT MEETING WITH THE COMMITTEE FOR CITIZEN INVOLVEMENT Associate Planner Daniels gave a brief introduction to this item,discussing the purpose of the Committee for Citizen Involvement (CCI) and tasks worked on in the past year,including a review of the communication plan and several public involvement plans for Community Development. She said the CCI will be working as the United States Census "Complete Count" Committee for Tigard.in conjunction with Washington County and the census representative. She said other projects include the Neighborhood Network program and the Fanno Creek Conference. She said the CCI's annual goals were distributed to Council in their packet and they were seeking Council input on those as well as a discussion on Fanno Creek Conference topics. CCI Member Basil Christopher said the CCI has been busy this year and has added some new members. Associate Planner Daniels said CCI members Bev Froude and Connie Ramaekers were present. Mayor Dirksen noted that all three CCI members present had been involved with the City for many years and he offered appreciation for their volunteer work for Tigard. TIGARD CITY COUNCIL MINUTES — ANUARY 19, 2010 City of"Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of17 6:40:47 PM Discussion was held on changing the name of the Fanno Creek Conference. • Mayor Dirksen said he preferred the name, Fanno Creek Conference,which has a history that he hopes to build on. Council President Wilson agreed. • CCI Member Bev Froude said one reason to keep the name is to follow in the footsteps of the original Conference. • CCI Member Christopher said it was he who suggested the name change. His idea was that the conference name should be more in line with discussion topics. He said having Fanno Creek in the title may lead people to think the discussion subject is limited to Fanno Creek. Mayor Dirksen agreed but said maintaining the name makes it known as something that has continuity and a tradition. • Councilor Henderson suggested keeping Fanno Creek in the name, but adding the word "new." Fanno Creek Topics were discussed. • Councilor Buehner mentioned a few topics that may not be appropriate for this year's Conference but could be scheduled for next time: ■ Clackamas River Water source ■ City of Damascus proposal for an initiative to stop local governments from entering into IGA's without a vote of the people,thus extremely limiting the ability of local government to function. A topic might be the role of local government and how it functions • Mayor Dirksen suggested it's timely to have a Metro representative present information on the region's direction.Tigard residents could give feedback on how to make it work for them. • Councilor Webb referred to the "hidden asset" suggestion and mentioned the Wetlands movie —which featured a local artist and her relationship with a restored wetland in her Cook Park neighborhood. • Councilor Buehner suggested weaving Topic 3.What will you vote for? - into local hot topics such as what should local government be. • Mayor Dirksen mentioned the upcoming issue of the City's facilities needs and how Tigard can address this in a cost-effective way. He said the Conference may be a good place to expose that idea to the public. • Council President Wilson said he likes Topic 4. Rails, Trails, and Automobiles - and suggested potential discussion topics such as light rail, trail improvements and right of way acquisition, the new transportation plan and the recent collapse of the I-5 connector. Mayor Dirksen agreed and said Topic 4 is the most important for the Conference this year. • Council President Wilson suggested moving Topic 3 to a more in-depth discussion next year. TIGARD CITY COUNCIL MINUTES —JANUARY 19, 2010 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 ofV CCI Member Christopher requested clarification about the role of the CCI in the Fanno Creek Conference,noting that he hadn't been involved with the prior conference.Mayor Dirksen responded that it would follow the format of the past—a morning session with presentation and roundtable discussion and then each group could present what they came up with. The afternoon would be less discussion-oriented and more informational. But he said the format is open for discussion. Councilor Webb added that CCI members should be stationed at each table. She said the goal is to get feedback from citizens,getting people to meet each other and talk about local issues. She noted that Council will be in attendance. CCI Member Christopher asked Council what their goal was for the Fanno Creek Conference. Councilor Webb said she was the one who requested that this be scheduled again. She said Fifth Tuesday meetings were mostly attracting a small group of people airing repeat issues and Council felt they were not hearing from a wide variety of citizens. She said a forum like the Fanno Creek Conference would make it easier for a greater number of people to express their views on a variety of issues. Mayor Dirksen said these conferences can bring up issues that Tigard is facing and help get input and ideas from the community. He suggested there even be a general non-City topic, such as how people feel about the Iraq war,included along with the local issues. Associate Planner Daniels asked for guidance from Council on the format. Councilor Webb said she was pleased with the format the CCI developed. 7:10:47 PMCouncilor Buehner expressed concern about having enough time in the morning and said each topic could take at least an hour to discuss. Councilor Webb countered that a good facilitator can keep things moving. Mayor Dirksen asked the CCI if they had anything else they wished to discuss with Council. CCI Member Christopher said he would like to look again at matching the Committee's monthly agenda with their mission statement,and discuss whether the CCI is helping achieve these objectives. Mayor Dirksen said the Council meeting Agenda Item Summary forms list the Council Goal that particular Agenda Item addresses,and that is helpful. Council President Wilson asked about CCI Goal l.A. He referred to a recent Oregonian article in which the author compared the Portland region to others around the country,noting there is not a single minority elected official in the Portland region. He said according to the census,Tigard is over 10%Hispanic but this is not represented at City Council meetings. He suggested looking into the cost of producing a Spanish translation of Cityscape, or even a Spanish inset that could be included by request. CCI Member Christopher said that subject of diversity has been discussed at CCI meetings sand they hope to develop ideas to include more citizens. Mayor Dirksen said he would like to improve that outreach. TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 ofV 3. JOINT MEETING WITH THE PLANNING COMMISSION REGARDING TREE CODE AMENDMENTS Associate Planner Floyd said the Planning Commission was present to discuss the update of the Tigard Tree Code. He gave a format for the discussion and asked for Council comment. Councilor Buehner said she would like to talk directly to the Planning Commission. Mayor Dirksen agreed, saying this was an opportunity to hear directly from the Planning Commission where they see this going and their thoughts on the Tree Code. Planning Commission President Walsh said it was timely to get together on this and the Planning Commission hoped that this joint meeting would give clear guidance to staff on the direction to proceed. He said the Attachment 2, "Topics for Joint Council and Commission Discussion" might be better for the end of the discussion. Planning Commissioner Doherty said the Tigard Tree Code Amendment Project overview document is self-explanatory, and that the Planning Commission wants simplicity, flexibility and balance between individual property rights. ISSUE 1-MITIGATION Planning Commission President Walsh said that mitigation is a lightning rod issue. He said, "As you know, I sit on the Tree Board as well and we hear from the development community that the mitigation issues need to be addressed. I'd like to see mitigation removed from the Tree Code update process and worked on separately. Not having it resolved makes it difficult to move ahead on other issues." He said staff provided a copy of a recent PSU study comparing urban forestry programs in metro area cities. While Tigard looks good in the study, it is termed as a "mitigation- heavy" city. He said this reinforces what the Commissioners hear; the balance in Tigard is towards mitigation rather than preservation. Planning Commissioner Doherty said it would help the process along if the development community would literally go through each item in the mitigation policy and express exactly what they like and don't like. She said, "I don't think it will be a surprise as to what it is,but from that point,we can have the discussion as to whether this is something the City Council wants to deal with,change or adapt." Planning Commission President Walsh suggested forming a mitigation task force to sit down with development representatives for about 45-minutes and get the issue solved. Mayor Dirksen referred to the phrase in Item 4—"focus a joint discussion on the kinds of outcomes that are desire and achievable." He said that is an excellent point and is the crux of the issue—it needs to focus on the outcome,not the process. The issue of mitigation is a great start. He said, "I don't believe our goal with mitigation was to extract money from developers,but that is essentially what it does. I believe that mitigation is in our Code as a way to incentivize developers to leave trees standing rather than cut them down,but I don't think it has had that effect.We need to look at how we encourage preservation and it needs to come from a different direction." TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 ofV Planning Commissioner Caffall said local builders need to be involved in this discussion as they view mitigation as a punitive measure. He said he agreed with Mayor Dirksen that this is not why it was designed,but when the Planning Commission gets involved,it's seen as an adversarial situation rather than one of working together. 7:25:32 PM Council President Wilson said he didn't disagree but suggested that mitigation, for all of its problems, may be the reason why some properties are not developed. It raises the cost of heavily treed sites. He said he is reluctant to get rid of it all together, and would consider having a nominal mitigation requirement or fee per tree that could be banked for other forestry efforts. Planning Commission President Walsh asked, "To which trees does mitigation apply?" He gave an example of trees on a small infill lot being developed where there is no choice of street or right of way placement. The tree abutting the right of way would have to go—it is not discretionary. Mayor Dirksen said,"So if it's not a discretionary tree,why should the developer have to mitigate for it?" Planning Commission President Walsh suggested there is merit to the argument for applying mitigation only to the discretionary trees on lots to be developed. The developer may also be able to move the home to accommodate a tree. Planning Commissioner Doherty said, "It is again a question of balance because we don't want to send the message to clear cut; that is not a principle behind this. But in numerous hearings it seems to me that their concern is mitigation on smaller trees.We need them to be specific about what they don't like." Councilor Buehner said she is, "frustrated with the communication difficulties and wants the development community and more extreme `save the trees' folks to sit down together and have a genuine discussion that goes beyond stating opinions." She asked the Planning Commission for suggestions on how to make this work. Planning Commissioner Doherty suggested using a professional mediator. Mayor Dirksen agreed, especially at initial meetings where ground rules could be set. 7:31:51 PM Mayor Dirksen said he was concerned with the difficulty of meeting the goals of simplicity and flexibility in the same document. He mentioned Lake Oswego's Tree Code which is often held up as a good example of a code that preserves trees,yet the development community prefers it to Tigard's. He said the reason is its simplicity. Mayor Dirksen said the development issue may be simpler in Lake Oswego's Tree Code but what you can or cannot do with a tree on your own property is considerably more complex there. He said we are looking at two issues —preserving trees during development and what can you do with your property once it is your home. TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page g ofV ISSUE 2-HAZARDOUS TREES ON PRIVATE PROPERTY Planning Commission President Walsh said this should not be included in any re-write of the Development Code but should be in the Municipal Code. Councilor Buehner said one problem is that they are not cross-referenced. 7:38:43 PM Planning Commissioner Caffall said the issue of hazardous trees needs to be addressed and the language located separately, so all concerned parties can go quickly to it without having to funnel through the entire Code. He said if you do have a hazardous tree there should be a way to mitigate that and remove it. Planning Commission President read the Urban Forestry Master Plan Implementation Goal 4.2.a— Bevise Tigard Municipal Code to grant authority to the City to become involved in private propery tree hazards. He said this is one area where there is general consensus for the Code,whether it is the Development Code or the Municipal Code, to reach onto private property. He said we won't be mandating what people can do with trees on private property except for hazardous trees. Mayor Dirksen clarified that the issue is not whether a hazardous tree is located on undeveloped land or in a backyard, but that the City could go to the property owner and tell the owner that a hazardous tree must come down. 7:40:45 PM Councilor Buehner said this issue has come from her concerns. She said that currently, many insurance companies will pay for tree removal (prior to it falling on the neighbor's house) if the City has a hazardous tree removal requirement in their Code, and if there is a determination that a tree is hazardous. Mayor Dirksen said there needed to be a discussion on the details but he did not think this would be too controversial. Planning Commissioner Doherty said there is the issue of hazardous tree definition. She also mentioned that there are some people in the community who cannot afford to have a tree taken down and asked if mitigation funds could be used for private owners who have difficulty paying for tree removal. Planning Commissioner Caffall remarked that this would be helpful to those on fixed incomes and senior citizens. Mayor Dirksen asked City Attorney Hall if this is in the range of allowable uses for that money. City Attorney Hall said that the uses of the tree mitigation funds can be set by City Council ordinance. He said he thought hazardous tree removal lands within the scope of what the City Council can legislate. Council Henderson asked who makes the determination that a tree is hazardous. Planning Commission President Walsh said an arborist would use a generally accepted industry definition. Assistant Community Development Director Hartnett said the other end of the spectrum is that there is no clarity in the Code about which trees must be kept. Mayor Dirksen discussed the differences between the standard vs. subjective view of the Tree Code. He suggested there could be a more subjective code that would allow members of the Tree TIGARD CITY COUNCIL MINUTES —JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6ofV Board to work out an agreement with a developer to preserve as many trees as possible. A developer submitting to that kind of judgment would have no mitigation requirement as long as all parties were satisfied. He said the City can't have this as their only process but a developer could choose this as an alternative. He asked if there were members of the Planning Commission or Council who opposed that type of agreement. They agreed with providing this as an option. Councilor Buehner said this would be great for a Planned Development site, or a difficult in-fill site. ISSUE 3—TREE GROVE PROTECTION 7:51:08 PM Planning Commission President Walsh said infill sites must be kept out there as examples because, although there is a desire by some of the populace to keep a heavily forested site as it is, the homeowners may be looking at it as a cash crop that will fund their retirement. He said this polarizing issue is one where the Planning Commission wants to look at incentives. What tools does the City have to sell the rights to development on that property and retain those trees? He said that could sometimes go against density requirements so it is a sticky issue. 7:53:03 PM Council President Wilson said the reason he would like to do a mapping process is to identify resources (the few remaining groves in the City) that the City might want to buy, as that is the ultimate protection. He said he was hopeful that the next bond measure would enable the City to buy many of them. He said beyond that he thought it should be incentive based. Mayor Dirksen said there is another way to preserve groves on private properties without purchasing them and that is through an environmental easement. The property owner retains ownership and is able to use portions of his property but the tree groves are protected by an easement. Planning Commission President Walsh said there is a lot of current discussion in the forest products industry about carbon sequestration,which will become a major cash cow for large landowners. Community Development Director Bunch clarified that what he was hearing from Council was a distinct direction to stay away from the land use side of this,for instance doing Goal 5 inventories and actually applying regulatory standards to protect upland tree groves. Instead,he was hearing direction to take an incentive-based approach to identify ways to make tree grove preservation possible through other means. Mayor Dirksen agreed that was the direction. Community Development Director Bunch said using the Tree Fund could be a substantial source of funding for these easements,in terms of amending the ordinance. He also confirmed that Council wanted the transfer of development rights,density credits and a more flexible and usable Planned development standard. He referred to Planning Commission President Walsh's suggestion of using a carbon sequestration process in the future. Mayor Dirksen said he was not interested in a density bonus but thought density transfer was a good tool. TIGARD CITY COUNCIL MINUTES —JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7ofV Planning Commissioner Caffall asked about the hazard tree response program. He said it was covered in the Comprehensive Plan but asked if there should be a program for removal of hazardous trees during a disaster situation. He said as the tree canopy increases there may be more response required during emergencies.Mayor Dirksen suggested finding out what other jurisdictions do,but noted that healthy trees in groves may not present as great a danger as single trees left after development. 8:01:29 PM Planning Commission President Walsh said Sub-Goal 6.1:Prevent pre-development clearing of lots—needed to be discussed. He asked if Council wanted to address through this process. Council President Wilson said that if the mitigation issue is addressed this would be less of an incentive. He said he hoped that if the mitigation problem is more reasonable that issue may go away by itself. Mayor Dirksen noted that there is very little restriction on tree removal that is not as a result of development. Council President Wilson said some jurisdictions have rules saying how many trees can be removed in a year and he thought that might be reasonable to consider. Councilor Buehner mentioned that many heavily forested areas are on steep slopes. She said she wants that considered as the Code is developed because how tree removal is handled on steep slopes is a critical issue. She said the code has strong regulations on sensitive areas below 25% but it is not adequate regarding slopes over 25%. Council President Wilson asked about landscape portions of the code. He said, "One of the reasons we wanted to look at this was because of parking lot trees in recent years that didn't thrive. They don't necessarily die but they don't grow." He expressed concern that the task force list is stacked with representatives (such as from ODOT and PGE) who may not want trees planted anywhere. He said he hoped that this document doesn't tie the hands of professional landscapers by being too prescriptive about what kinds of trees to plant. He said a"native only"requirement is too limiting. Community Development Director Bunch said he has worked in other jurisdictions where realistic planter strip widths and tree vault sizes were specified. Soil volume inspections were required. He said that what Tigard wants to get through this Code is a viable landscape. He said an additional issue for staff is the enforcement of these landscape provisions, so if plants die or are not maintained,they are replaced or there are fines. Mayor Dirksen said, "We've spent a lot of time tonight primarily about regulations on tree removal, but how we take care of the trees we have,and get the trees we need is equally important. When we look at increasing the percentage of tree canopy in the City, the majority of the places where we are going to be able to do that are along streets and in parking lots. Having leafy trees in parking lots will improve the aesthetics of the City." 8:10:22 PM Planning Commissioner Caffall said many discussions were held with developers on the size and structure of tree vaults, and pervious pavement. He noted that trees without sufficient vaults, such as in the Costco lot, suffer and this has been a big focus in Planning Commission discussions. Councilor Buehner mentioned the problem of shopping centers selecting street trees that don't handle heat stress well. Council President Wilson said that is handled with an adequate soil volume, TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 ofV which acts as a reservoir. Councilor Buehner said she would also like to see language in the Code about not planting trees, such as English plane trees,that have roots that may grow around and break water mains. Planning Commission President Walsh said they've gone through the list of discussion points and the Tree Code needs feedback from the public. Associate Planner Floyd asked Council if they had specific ways in mind to receive feedback from the public. Mayor Dirksen suggested bringing together members of the diverse groups interested in trees for a facilitated discussion. Council President Wilson said, "We've done a really good job of involving home builders throughout the comprehensive plan. — let's not drop the ball — I don't want to hear from them at the hearing where we're supposed to be adopting it." 8:16:45 PM Assistant Community Development Director Hartnett referred to a City of Portland workshop she attended regarding design standards to discourage the building of "snout houses." She suggested holding a facilitated workshop to give everyone an opportunity to give feedback. Councilor Buehner suggested videotaping the discussion so it is available on cable television in order to enlarge the audience exposed to the discussion. Mayor Dirksen announced that Council would take at break at 8:18:49 PM Mayor Dirksen reconvened the Council meeting at 8:19:17 PM 4. WORKSHOP NO. 3 ON DOWNTOWN CODE AMENDMENTS AND DESIGN STANDARDS (CPA 2009-00003) Redevelopment Project Manager Farrelly gave an overview of Draft 5.2 of the Downtown Code Amendments and Design Standards. He said this version, dated December 30, 2009, differs from the version reviewed by staff in October by including language revisions to meet the Transportation Planning Rule, as discussed by Council in the last Workshop, and language allowing "pedestrian- oriented"roof signs. 8:33:43 PM He said, regarding the Transportation Planning Rule, that along with the 99W high- capacity transit land use plan, staff will also be studying alternative mobility standards in that corridor. He said he hoped both studies result in making possible the larger scale development as originally envisioned for the Hall and 99W area. Councilor Buchner said she was surprised to see proposed height limitations near the south side of the 99W and Hall intersection,as she remembered discussion about five or six-story office buildings. Council President Wilson agreed, and said he would also include the area along Main Street. Redevelopment Project Manager Farrelly said there was a lively debate about the Main Street area at the City Center Advisory Commission meetings. He said six stories are allowed in the Scoffins area but the 45-foot limit on Hall Boulevard is ODOT's current height limit. TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 ofV City Manager Prosser said ODOT's Transportation Planning Rule allows them to veto local land use plans that may add too much load onto state highways and roads. Tigard originally asked for higher buildings and was told by ODOT that they would not approve the plan. He said this is a compromise that ODOT will approve, and if high-capacity transit comes the formula will be revisited. 8:40:54 PM Councilor Buehner said that none of the density works without high-capacity transit. She said promoting higher density in our plan may help the City to get the high-capacity transit in Tigard. Redevelopment Project Manager Farrelly said the high-capacity land use plan will show greater density near stations,but at this time the station locations are not known. Council President Wilson asked City Attorney Ramis for information on how ODOT's veto process works and if there was a way to challenge it. City Attorney Ramis said that what staff is saying is true and the land use planning system has, in some cases, been turned upside-down and is essentially a transportation system plan because of the way the Transportation Planning Rule has been written. City Attorney Ramis said an alternative to accepting no as the answer is to adopt the plan you want and find out what ODOT's position is through any challenge they make. He said if Council doesn't think ODOT's response is appropriate or good public policy, the legislature is available to mediate these issues. He said Washington County legislators were helpful to a developer recently when their assistance was sought. Mayor Dirksen said he intends to take this up as part of his assignment to the League of Oregon Cities' Community Development Policy Committee. He noted that Downtown Portland is exempt from the Transportation Planning Rule. He said in light of recent region- and state-wide organization plans, Tigard may want to lobby the legislature to consider expanding that exemption to include any area within the urban growth boundary or within a designated transportation center. He said another issue Tigard has is that as the 99W land use planning study goes forward with the consideration of any type of multi-modal transportation,this may take away some of the problem. Mayor Dirksen said even though these things are in the future, those making HCT decisions at the regional government level about are aware of the City's issue with the downtown and Triangle areas. He said there are other jurisdictions in Washington County bumping up against the same ODOT regulations. This is a statewide issue that needs to be addressed at the state level. 8:45:48 PM Community Development Director Bunch said the Region, ODOT and LCDC are meeting to talk about alternative mobility standards for corridors as a region-wide issue. He said he and the City's new Transportation Planner will also be meeting with Metro, ODOT and others. He said from that perspective and from discussions with ODOT and Metro, he thought the City would be better off to have this interim site designation. Market analysis shows that four-story buildings are probably not going to be built right now. Staff recommends that we stick with what we have,work through the process and then see where we are a year from now. Mayor Dirksen said approval of this plan, even with reduced density in that area makes the corridor more attractive to meeting the demands of high-capacity transit than it currently does. TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 10 ofV 8:48:23 PM Mayor Dirksen announced that FACT Qoint Policy Advisory Commission for Transportation) voted to forward to Metro for approval, the identification of the Barbur/Pacific Highway corridor as the next high-capacity corridor (after the Milwaukie line is built). 8:49:14 PM City Attorney Ramis said one alternative available to a local government to comply with the rule is to put limits on the uses allowed, thereby limiting the transportation impacts. You could have a plan that has substantial densification but you could have standards as to when those additional building heights are permissible based on anticipated future improvements. 8:49:53 PM Councilor Buehner said she preferred that so Council didn't have to come back and consider it later. Mayor Dirksen said, "It would allow one developer to build one building that is taller but then only a few others would be able to until that capacity is met." Community Development Director Bunch said ODOT mentioned that they want this limitation on capacity so they can make sure this highway is maintained to their formula system. He said staff will go back and see how this would apply. Mayor Dirksen summarized what he was hearing from Council was that rather than going back and reducing the stated density to current capacity and revisiting it later,they want staff to write the code to allow the higher densification, but with a capacity limit on development effective until high-capacity transit is provided and the allowed density changes. Councilor Buehner referred to the reference to IP Land in the downtown. She asked if there was flexibility if one of the industrial companies wants to build housing and would they need to re-zone at that time. Redevelopment Project Manager Farrelly said those IP zoned areas near Fanno Creek are considered non-conforming but they are important downtown employers. He said there is nothing to prevent them from building residential and they would not need a zone change under this Code. Councilor Buehner asked if there could be a provision put in the Code that says if a mobile home park in the downtown is going to be redeveloped, it may not redevelop for mobile homes, as that is not a good use of space. Redevelopment Project Manager Farrelly said they are calling that "Mobile Home Parks and Subdivisions Restricted Uses*" and the asterisk denotes the existing mobile home park can continue but no new ones can be established. Councilor Buehner asked about cross-referencing Page 15,No. 2 (Administrative Review) to Section 18.610.045. She asked,given Council's recent discussion regarding parking requirements during the street maintenance fee consideration,if the city should be looking at property owners putting in less parking. She asked if the Code language allows the flexibility to lower parking standards. Redevelopment Project Manager Farrelly responded that staff is proposing lower parking standards in this zone than in the rest of the City because it is supposed to be more transit-friendly. Redevelopment Project Manager Farrelly referred to the 45-foot building height limit on Main Street and said it was the topic of much CCAC discussion. He said there were strong feelings that they do not want the downtown overwhelmed with huge development and three-story buildings were as high as they want to allow. TIGARD CITY COUNCIL MINUTES —JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 11 of17 Councilor Wilson said the viaduct is already high and it must be seen from the transit corridor. He suggested that rather than looking out at a black roof, you'd see through windows to the street downtown. He didn't think it would affect those walking on Main Street. Mayor Dirksen said he remembered reading in the CCAC minutes the concern that higher buildings would block the view to Main Street from the viaduct. However, he said taller buildings could be built across the street, facing the viaduct. Redevelopment Project Manager Farrelly said there is now a requirement that HVAC equipment visible from the viaduct be screened. 9:07:54 PM In response to a question from Councilor Buehner about providing incentives for green roof gardens or patios, Redevelopment Project Manager Farrelly said there is an incentive that allows a property owner's landscaping requirement to be on their roof. Community Development Director Bunch asked about the long-term viability is of the viaduct. He suggested considering that the viaduct may not always be there forever, even though it's been there since 1940. Council President Wilson said he wants the height restriction revisited. Councilor Webb said there had been a lot of work done with the CCAC and she didn't want to go back and re-do everything. Mayor Dirksen said there was a lot of citizen discussion which leaned towards keeping Main Street at a human level. He said he was not interested in revisiting this. 9:15:26 PM Councilor Buehner referred to the private open space requirement listed on page 32, Section E.2.a.(2) and asked if 32 square feet is a reasonable number. Redevelopment Project Manager said there was some discussion and this was a compromise as it is supposed to be more of an urban setting. He said the City of Portland has no such private open space requirement. Tigard's current Development Code requires 48 square feet. Community Development Director Bunch said staff took this code through a peer review of architects and other professionals this went through a peer review process. He said this is a standard approach in urban multi-story buildings. Council President Wilson asked if it could be averaged so that some units don't have one but others have a larger outdoor space. Redevelopment Project Manager Farrelly said staff will develop alternatives before the public hearing as there was Council consensus on this. Council President Wilson said he was surprised to see the special landscaping, saying"Some are good ideas that we should do City-wide, some need more thought. This needs more study. Can we take out the special landscaping portion and put it back in later when we do the Tree Code? I appreciate the concept,but some of it may be experimental." Redevelopment Project Manager Farrelly replied that this was developed as part of the "greening" of the City's parking lots and public plazas. Mayor Dirksen suggested leaving it in place but once the City- wide Tree Code is in place,refer to that and remove this language. Councilor Webb agreed. Redevelopment Project Manager Farrelly said, "We may have a chance to test these requirements on ourselves as we renovate the Fanno Creek House." Community Development Director Bunch suggested keeping it in the code as staff does more research and amending it when the Tree Code is final. TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 ofV Redevelopment Project Manager Farrelly thanked the members of the CCAC for their work on this. 5. REVIEW DOWNTOWN CIRCULATION PLAN 9:29:08 PM Redevelopment Project Manager Farrelly gave a brief introduction to this review of the Downtown Circulation Plan. He said Tigard Downtown Improvement Plan(TDIP) found that one of the major constraints of development in the downtown was the lack of connectivity,which impedes pedestrian,bicycle and vehicle traffic. All planning documents recommend implementing a long-term plan to increase this connectivity over the next 50 years. Staff put together an interdisciplinary consultant team made up of SERA Architects,Kittelson and Associates,and Johnson Reid.A draft plan was prepared and reviewed by the City Center Advisory Commission and a Technical Advisory Committee. Preliminary maps were displayed at an Open House in July 2009. Redevelopment Project Manager Farrelly introduced Consultant Matthew Arnold of SERA Architects who presented a PowerPoint on the draft plan. Five conceptual sub-districts were proposed: • Main Street Village • The Heart - Public plaza,civic • Creek-side residential • Regional Mixed-Use • Urban Residential Neighborhood Mr.Arnold showed a connectivity plan,identifying existing streets and proposed streets that produce pedestrian-scale blocks,are development-friendly and enhance connectivity. Key Councilor Buehner asked if the consultant is proposing a traffic signal on Hall Boulevard at Garden Place,which may cause problems due to its proximity to the Hall Boulevard/99W intersection. Mr. Arnold said the idea of the alignment means it could become a full signal at some future date but short-term would allow installation of a stop sign for pedestrian and bicycle use. 9:41:19 PM Councilor Buehner said there has been a lot of opposition from the homeowners on the other side of Fanno Creek in terms of an extension to Ash Street. She asked if this was a 50-year plan. SERA Consultant Arnold said it is predicated on redevelopment over time. He said the City may play a role in developing some of these streets but due to limited resources and the small amount in the urban renewal fund, this is predicated on developers making street improvements as part of their building. There may be cases where urban renewal funds kick in to finish a road started by a developer but this time frame is several decades long. He said regarding the Ash Street connection across Fanno Creek—the residents to the South are going to desire this connectivity to downtown once the City achieves a more vibrant destination with more jobs, shops, restaurants and other public amenities. TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 13 of17 9:43:44 PM Councilor Buehner referenced Page 39 of the Appendix,and questioned the dramatic drop in traffic counts between one section of Burnham and the other. SERA Consultant Arnold said this has to do with the Ash Street Connection. There are significant numbers of cars,that as they access Main Street,will want to get back on Burnham towards 99W but some will want to get onto Hall towards Highway 217.The volume demand is not as great for those heading south on Hall as those heading east towards 217 or north to 99W. 9:45:33 PM Redevelopment Project Manager Farrelly said this plan will be integrated with the current Transportation System Plan update. Consultant Arnold said a drawback of cutting roads into these blocks you are impacting tax lots and some developable land goes away. Economic consultants Johnson Reid said that the certainty of access provided to those parcel interiors and street frontage provided developers outweigh the loss of land. It makes the remaining land more valuable and the greater connectivity also boosts property values.It was a CCAC stated goal that the proposed streets be aligned on existing property lines,with the exception being that if a better purpose served by the overall connectivity. He said there was less concern with buildings because this plan is predicated largely on redevelopment. 9:48:41 PM Council President Wilson expressed concerns about how this actually works. What if someone wants to build on a 10,000 square-foot lot that would be bisected according to this street plan? Does the City have authority to deny a proposal? City Attorney Ramis said, "On a general law basis, your tool is setbacks." He said, "You couldn't necessarily require people to dedicate it, but the Supreme Court has said it is not a taking to impose a setback." He said one tool would be to adopt a map that reflects this and someone could be allowed to build but they have to respect the long range pattern. Council President Wilson said the liked the plan but it doesn't address the two biggest problems in that area—making a left turn onto Main from the west side Commercial Street;and making a left turn onto Main Street from Tigard Street. He suggested that since this plan cuts through major buildings,why not plow through the berm and connect and realign streets to the north. Consultant Arnold said this had not come up before and they will discuss it with staff. Cross-sections were shown of the different types of streets. Redevelopment Project Manager Farrelly said the Main Street Green Street is separate and on its own plan. 9:57:54 PM Councilor Buehner said she thought the idea was to have an urban creek with pedestrian access and a water feature, with no vehicles except at crosses streets. She commented that this Urban Green Street plan doesn't show it. Consultant Arnold said that in looking at the blocks and trying to come up with a circulation plan that works they felt that the block between Ash and Main was too large and needed auto access in order to get full development potential. Council President Wilson agreed that the urban creek is difficult to implement. But he said there was a desire to bring the green from the creek up to the City. He said he envisioned a unique feature that was an attractor in itself. He said he wasn't opposed to having a travel lane next to it but it needs to be more of a statement. TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page M ofV Mayor Dirksen suggested incorporating the urban creek and pedestrian walkway in the alley running behind Main Street, similar to Port Moody where a street ran through an area but was flush with the sidewalks. There would be unlimited access for pedestrians but delivery to shops and restaurants would be allowed. Council President Wilson said it was important to acknowledge staffs point that it is difficult to implement this and an alternative is to call it a street and require dedication to get the necessary width. He said an alley would be too narrow. 10:04:29 PM Councilor Buehner said she was uncomfortable widening Main Street. She said this design does not meet the spirit of the green street she had envisioned. She said there needed to be less parking, perhaps on one side only. Redevelopment Project Manager Farrelly said the consultants were not asked to design an urban creek but staff thought the proposal met some of the requirements of an urban creek. He said it is still an open question as to what it will look like. 10:13:27 PM Consultant Arnold said pedestrian connectivity will be a negotiation between the city and developers and property owners. He said they encourage the City to define standards and expectations. Mayor Dirksen said staff had been given direction and Council comment on the Plan,particularly in the area where Council expected the urban creek to take place. The street plan would need to allow for that. Regarding next steps, Redevelopment Project Manager Farrelly said the Plan is currently under evaluation as part of the Transportation System Plan Update, with the intention that it would be incorporated into the TSP. He said if one plan lags behind the other, the Downtown Circulation Plan can be done earlier or later. He said targeted outreach to downtown property owners will occur next, explaining that this fifty-year plan hold advantages to them such as increased street frontage and potential increases in property values. He said he will also briefing the Transportation Advisory Committee and bringing the Plan back to the CCAC for their endorsement. Next would be public workshops,the Planning Commission and then back to Council. Councilor Henderson asked said it is hard to imagine what the industrial area to the east of us will look like in fifty years. He said we're trying to deal with Highway 99W which was an old cow trail. Many of Tigard's traffic problems are because 99W is on a 45 degree angle and we're trying to make squares out of it. Council President Wilson he thought it was reasonable to map out the perfect plan and chip away at it over time. He said the first step is Ash Avenue which has been started. Mayor Dirksen said it is hard to predict where and when development will occur. But by putting a plan like this in place it is there when we need it to accommodate travel through the area and provide access. Mayor Dirksen asked staff to correct the name in their document from Ash Street to Ash Avenue. TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1g ofV 6. DISCUSS ISLAND ANNEXATION INITIATIVE 10:21:01 PM Community Development Director Bunch and Associate Planner Pagenstecher presented this agenda item and asked Council for direction on whether to implement an island annexation initiative. Council input was sought on four items: 1. Requesting formal Washington County interest in the City annexing unincorporated islands 2. Outreach efforts directed to property owners subject to island annexations 3. A timeline, if Council decides these annexations should be pursued 4. The type and extent of incentives that might be used to promote island properties to annex Community Development Director Bunch said informal communication with Washington County urged cities to annex their unincorporated islands within their city limits to help resolve County service inefficiency issues. In August of 2009 Council asked staff to take steps to initiate island annexation within six to twelve months. Council emphasized seeking voluntary annexation first, and stressed the importance of communication with property owners. Prior to beginning the citizen outreach, staff recommends the City secure a formal request from the County. Community Development Director Bunch said incentives had been offered in the past but without many taking the offer. Sewer reimbursement district formation was discussed as an incentive but City engineers found that only about three properties in one of the island districts would benefit. When asked if there were benefits to Tigard for these properties coming into the City, Community Development Director Bunch said the City would receive some property taxes and 45 acres of developable land. He said, "We do want everyone using City services to pay for those services." 10:31:51 PM Council President Wilson said he was concerned about the negative publicity in the current economy. He said, "I would prefer waiting until the unemployment rates go down. I just think it is a distraction that we don't need right now." 10:32:49 PM Councilor Webb agreed with Council President Wilson and said the subject was a lightning rod. She said unless the County has some burning reason that cities have to take on these islands, she'd rather wait. 10:33:08 PM Councilor Buehner said her viewpoint is different. She said there are two separate issues:undeveloped islands and Arlington Heights (which will be the lightning rod.) She said their needs are entirely different. She said she would be willing not to take Arlington Heights but thinks the City needs to address the issues of the rest of the islands. She said she was tired of subsidizing their services and thinks a lot of residents feel the same way. She said it would be short-sighted not to follow through. 10:34:13 PM Councilor Henderson remarked that the last thing he heard was that there had been a request for this from Washington County and asked if that had changed. Mayor Dirksen said there had been an informal request and he agreed with the suggestion that the next step would be staff seeking a more formal acknowledgement from the County. Councilor Henderson said he would like to see that acknowledgement. TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2010 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 16ofV Mayor Dirksen directed staff to move forward on the discussion with the County and base future actions on that outcome. Agenda Item No. 7 has been postponed. 7 DISCUSS PROPOSED TAYO AND GScNGII BUDGET FOR 204 0 11 a. Staff Report! AdwAnAstration Departmew 8. ADJOURNMENT At 10:35 Councilor Webb moved for adjournment. Motion was seconded by Council President Wilson. All voted in favor and motion passed unanimously. Yes No Councilor Henderson ✓ Councilor Webb ✓ Council President Wilson ✓ Councilor Buehner ✓ Mayor Dirksen ✓ Carol A. Krager, Deputy(?1ty Recorder Attest: Mayor, City of Tigax Date: -15" / / , / (- I:\ADM\CATHY\CCM\2010\100119 draft.doc TIGARD CITY COUNCIL MINUTES -JANUARY 19, 2_01_0 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 17 of17