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City Council Minutes - 08/20/2019 City of Tigard Tigard City Council Meeting Minutes r August 20, 2019 1. WORKSHOP MEETING A. At 6:30 p.m. Council President Goodhouse called the City Council workshop meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Mayor Snider ✓ Youth Councilor Turley ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ C. Council President Goodhouse asked those attending to stand with him for the Pledge of Allegiance. D. Council President Goodhouse asked Council and staff for Non-Agenda items.None. 2. JOINT MEETING WITH THE TIGARD PLANNING COMMISSION ON URBAN FORESTRY ISSUES Assistant Community Development Director McGuire presented this item. Members of the Planning Commission in attendance included:Brian Feeney,Yi-Kang Hu,Nathan Jackson,John Roberts,Jamie Watson and Alexandria Quinones. Planning Commission President Feeney thanked council for meeting with the Planning Commission to discuss this topic. Mr. McGuire talked about City Council's previous discussion on this topic and their desire to discuss further questions and concerns that were raised regarding the Urban Forestry Program. He said this meeting would allow City Council and the Planning Commission to talk about Urban Forestry policy issues and provide staff direction regarding information gaps,policy direction and to identify necessary improvements needed to the Urban Forestry Program. Planning Commission President Feeney explained that generally the Planning Commission sees very few trees being saved when it comes to properties being developed. Developers are cutting down TIGARD CITY COUNCIL MEETING MINUTES—August 20, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 6 old growth trees and paying into the tree fee instead of preserving trees. Not sure if there is something staff can do to help direct developers back to the original intent of the tree code. He talked about an application from last year where the homeowner on their application showed trees being saved,but then they decided to take the trees down. He said on one hand,the city is asking for trees to be saved,yet a homeowner can obtain a permit to take trees down. Mr. McGuire explained that when the Urban Forestry Code was developed, the city created a citizen committee who were tasked with coming up with the plan. Within the plan,existing trees would be protected,and subject to plan regulations. When Council adopted the Urban Forestry Plan,they decided to include protections while developers were working on subdivisions,but that once a single-family lot was sold,Council felt the homeowner could make the decision on whether or not they wanted to keep the tree(s) on their lot. He said staff has been seeing trees coming down on single-family lots,but that often times, the homeowner is taking one tree out and replacing it with another. He said there are two tree related protection issues that have been identified for discussion. One is the protection for identified Significant Tree Groves (STG's),which is a voluntary incentive program. He said that to date,no development applicant has taken advantage of the incentives provided by the program and that where development has taken place near an STG site,the trees have been removed. This leads staff to believe the inventive program does not seem to provide enough incentive to be considered worth taking advantage of by developers. Secondly,protection for substantial individual trees has been an issue. He said citizens are responding favorably to the canopy coverage based forestry program and there have been few complaints about the process. However,the canopy cover focus leaves mature individual trees at risk and they are seeing some trees being removed and replaced with new trees. He said Council might wish to consider exploring additional incentive options and discuss the merits of providing protection for individual trees that are of some defined significance,especially within the Tigard Triangle. Planning Commissioner Quinones asked if there is data over the last seven years on why certain trees have been taken down. Mr. McGuire replied no,because there is no permit required for it. Councilor Anderson asked what the builders are saying and if they are paying into the fund at all or are they replanting trees. Mr. McGuire responded they are replanting trees most of the time,but that some are paying into the fund. Councilor Anderson asked if they are still tagging trees. Mr. McGuire said there is a provision for heritage trees,but there are none he is aware of since he has been with the city. Councilor Lueb said it might be good to look at it more holistically and to make it more consistent across the board. She said it can be confusing as a homeowner and it sounds as though incentives are not working. She suggested looking at finding other ways to incentivize,to think outside the box and encourage homeowners to keep trees. Planning Commission President Feeney said maybe there is a way they could identify trees within certain areas,and create a checklist. Planning Commissioner Hu said maybe they could add language that states once a land use application has been submitted they cannot do anything with the trees until a permit has been issued. TIGARD CITY COUNCIL MEETING MINUTES —August 20, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 6 Planning Commissioner Watson added that if a developer removes trees while the City is still reviewing the land use application,then the City could require they submit for another review and hold a public meeting. He said this would add more time and money to the developer. Planning Commission President Feeney said they could require that once an application is in place there is nothing done on the land until a decision has been finalized. Council President Goodhouse asked if there is a requirement to put in a certain number of trees when a development comes in or pay into the tree fund. Mr. McGuire said it depends on the zoning. They would have to have a certain percentage of tree coverage on the site,whether that would be in preserving existing trees or planting new trees to get to that percentage. He said it is up to the developer to put all the trees on one lot or split that throughout multiple lots. Council President Goodhouse asked if paying into the tree fund is a way to get around this requirement. Mr. McGuire said yes. Council President Goodhouse suggested looking into changing this system. He said it could be more beneficial to developers to just pay into the tree fund rather than plant or preserve tree canopy. He said the tree fund is growing,but then there is a loss of tree coverage. City Manager Wine said the Public Works department manages the tree fund,but the balance of that fund has been level since 2016. She said they use part of this fund to plant trees in the public rights- of-ways. Planning Commissioner Quinones said they do not even know if the developer is alerting homeowners that there are heritage trees that have been saved on their lot. She suggested developers could give homeowners a packet of some sort notifying them of any heritage trees on their lot. Mr. McGuire said the next step would be to come back and present some ideas once staff has worked with the Planning Commission. Councilor Anderson suggested staff utilize the communications team to get the word out to homeowners. 3. RECEIVE BRIEFING ON ODOT HWY 217 IMPROVEMENTS City Engineer Faha presented this item and gave a PowerPoint presentation. ODOT Staff attending:Matt Freitag,Area Manager,Region 1 West,Kelly Martin,Sr. Project Lead and Larry Fox, OBEC Design Consultant. Ms. Faha said they would discuss certain elements of the plans for Highway 217 improvements that would include replacement of Hall Boulevard crossing over Highway 217,possible impacts during construction,and then introduced Matt Freitag and Kelly Martin with ODOT and Larry Fox with OBEC. Mr. Freitag provided a quick update on House Bill 2017 for making improvements to Highway 217. Ms.Martin discussed the project as a whole,the southern end piece of the project,and talked about the bridge replacement and impacts that would occur during the bridge replacement. She discussed the project design,project timeline and when they would be going out to bid. TIGARD CITY COUNCIL MEETING MINUTES—August 20, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 3 of 6 Mr. Freitag talked about the existing structure and the proposed new structure. Council President Goodhouse asked why they are proposing such a wide median.Mr. Freitag said the proposed median provides shy distance for vehicles traveling in the opposite direction. Mr. Fox explained the overall width of the new bridge is not much wider than the existing. Mr. Freitag said these improvements provide an opportunity to improve the overpass and build new sidewalks and bike lanes in both directions. He discussed construction options,schedule,cost, impact to Highway 217,and how utilities would be impacted. He said Option 2 is the preferred option,and that Option 2 would allow them to remove and build the new structure in one stage,and would require less time to construct and would cost less money. He talked about traffic impacts, results in lowest number of closure to Highway 217 to complete the work,talked about what the detour route would look like and possible vehicle delays. Councilor Newton asked about Greenburg Road and said she hopes they think about timing in relation to the holiday season. Ms. Faha mentioned that in addition to traffic concerns with closures and other project, they would be making sure schedules are coordinated so there is not added congestion,and the order of how things should be done and putting the contract together in going forward. Ms. Martin said city staff has been invited to the construction meetings. She talked about the three sounds walls being proposed and how they would notify and outreach to voting residents about the proposed sound walls since a vote of those effected would need to occur. She said the vote would need to happen in September and needs to be at least 50%in favor of the sound walls. Councilor Newton said at National Night Out,most of the citizens she spoke to did not understand the need for the project and so she encouraged them to get in contact with city staff and ODOT. She said there is a lack of information and a need for engagement and outreach. Ms. Martin said they have done several open houses about the project and there are more coming up. Councilor Newton asked if staff has heard from people about the project. Ms. Faha replied not yet. Council President Goodhouse asked why Phaffle would need to be closed and if there is any way to keep it open. Mr. Fox said the bridge at that end is close to the intersection and may require some kind of design exception to help minimize that intersection. Council President Goodhouse asked about noise impacts to local residents during the project. Ms. Martin said they do a noise study that shows who would be impacted,at what noise level and how much noise savings the wall would reduce if it were put up. She said the minimum decrease would need to be five decimals before they could make the offer to put in the sound wall. 4. BRIEFING ON THE AMERICANS WITH DISABILITIES ACT SELF-EVALUATION AND TRANSITION PLAN City Engineer Faha and Central Services Director Robinson presented this item and gave a PowerPoint presentation. Ms. Robinson described what the American's with Disabilities Act(ADA) is and what it ensures. She provided background on Tigard's plan and talked about what has done to date,explained the TIGARD CITY COUNCIL MEETING MINUTES —August 20, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 4 of 6 self-evaluation process,identifying obstacles,project step,feasible methods to remove barriers and make facilities accessible for all and schedule. She said they had invited people from the public to be part of the process and talked about the transition plan moving forward and data collected. Ms. Faha discussed feedback they had received from residents and how areas were rated in regards to priority levels. She talked about the evaluation that was done for parks,trails and curbs. Ms. Robinson said this is an ongoing fifteen-year plan and is a joint effort between the City and community. The final plan would be coming to council for approval along with budget requests. Ms. Faha told council the consultant said the city is doing a good job and that any new builds going forward would be built to current ADA standards. She reviewed curb ramps in River Terrace and said they have required the developer replace those. She said when the city does any pavement overlay projects they will replace curb ramps that need to meet current standards and said they currently have a number of capital projects that will include updates to meet current standards and that a budget process was created for this. Councilor Anderson asked if there is any federal money for this. Ms. Robinson replied no. Councilor Lueb said this is an exciting starting point,will help make the city more accessible and thanked staff for their efforts. Councilor Newton agreed with councilor Lueb and said she likes the way it is organized. It should be easy for budget recommendations,review,and tracking. Council President Goodhouse asked if the requirement is to have a plan in place and to be ADA compliant within fifteen years. Ms. Robinson replied yes,however,as long as the city is putting in a good effort and can show there is a process in place and that things are being worked on,there is some flexibility. 5. RECEIVE QUARTERLY CAPITAL IMPROVEMENT PLAN UPDATE City Engineer Faha presented this item and gave a PowerPoint presentation. She provided an over view of projects completed in Fiscal Year 2019,funding sources,current parks,streets,water, sanitary sewer and stormwater projects underway. She discussed new CIP projects that would be starting in FY 2020,Pavement Management program on Durham Road and Fanno Creek Bank Stabilization,and talked about grant funded projects,what those projects included and status. Council thanked staff for the update. 6. LAND USE TRAINING Council President Goodhouse called for a two-minute recess at 8:36 p.m. At 8:40 p.m. Council President Goodhouse reconvened the meeting. City Attorney Rihala presented this item and gave a PowerPoint presentation. She discussed a land use case in the City of Lake Oswego and the outcome of that case,talked about the importance of taking public testimony,procedures for continuing a public hearing,rebuttal testimony and final written arguments. She walked through the public noticing requirements,code requirements and challenges to improper noticing and reminded council about the importance of adopting findings based on approval criteria and explained professional vs lay opinions and interpreting code. TIGARD CITY COUNCIL MEETING MINUTES —August 20, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 6 Councilor Newton asked if there are any edits to staff's recommendation in findings,if staff recommends council make those recommendations and then have staff bring the findings back to council for final adoption instead of trying to write the findings at the meeting. Ms. Rihala replied yes. Ms. Rihala discussed Land Use Board of Appeals (LUBA) procedures and options the city has if something is appealed to LUBA. Council thanked staff for their presentation. 7. NON-AGENDA ITEMS—None. 8. EXECUTIVE SESSION—None. 9. ADJOURNMENT At 9:21 p.m. Councilor Newton moved for adjournment. Councilor Anderson seconded the motion. Council President Goodhouse conducted a vote and all voted in favor. Name Yes No Mayor Snider (absent) Youth Councilor Turley ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Kelly Bur yne,Depu ity ecorder Attest: Joh odhouse,Council President �1AvIl Date TIGARD CITY COUNCIL MEETING MINUTES—August 20, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 6 of 6