Loading...
City Council Packet - 05/19/1998Revised 5114198 OF TIOARD PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City,, of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACKED AGENDA COUNCIL. AGENDA - MAY 19, 1999 - PAGE 1 . TIGARD CITY COUNCIL MEETING - MAY 19, 1999 AGENDA 6:30 p.m. 1. COUNCIL MEETING 1.1 Cali to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Cali to Council and Staff for Non-Agenda Items 6:35 p.m. 2. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 7:00 p.m. 3. CITIZEN INVOLVEMENT TEAM REPORT 0 Introduction - Assistant to the City Manager 0 Reports - CIT Facilitators/Staff Resource Members 8:00 P.M. 4. PROPOSED LOCAL IMPROVEMENT DISTRICT TO IMPROVE SW 69TH AVENUE 0 Staff Report - Engineering Department 8:20 p.m. 5. COUNCIL GOALS UPDATE 0 Staff Report - Administration Department 8:40 p.m. 6. UPDATE: GREENSPACES PROGRAM 0 Staff Report - Community Development Department 8:65 P.M. 7. UPDATE: MENLOR WATER RESERVOIR 0 Staff Report - Public Works Department COUNCIL AGENDA - MAY 19, 1998 - PAGE 2 w 9:15 P.M. 6. PARKING REQUIREMENTS - CHAMBER OF COMMERCE BUILDING • Staff Report - Community Development Department 9:35 p.m. 9. REVIEW OF PROCESS: IDENTIFICATION OF "SIGNIFICANT TREES" o Staff Report - Community Development Department 9:55 P.M. 10. NON-AGENDA ITEMS 10:05 P.M. 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 10:30 p.m. 12. ADJOURNMENT L AMCATHMCM980519.DOC COUNCIL AGENDA - MAY 19, 1998 - PAGE 3 Agenda Item No. 3® TIGARD CITY COUNCIL Meting of WORKSHOP MEETING MEETING MINUTES MAY 19, 1998 1. COUNCIL MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 6:45 p.m. in the City Council Chambers. 1.2 Roll Call Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. Staff Present: City Manager Bill Monahan; Asst. to the City Manager Liz Newton; City Engineer Gus Duenas; City Recorder Catherine Wheatley; and Associate Planner Duane Roberts. 1.4 Council Communications and Staff for Non-Agenda Items: None 1.5 Call to Council and Staff for Non-Agenda Items Mayor Nicoli mentioned that Councilor Hunt wanted to talk about accepting some land for a park. Bill Monahan, City Manager, asked to postpone discussion of Item ##7, the update on the Menlor Reservoir. 2. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:45 p.m. under the provisions of ORS 192.660(1) (d), (e), (f), (g), and (h) to discuss labor relations, real property transactions, exempt public records, current & pending litigation issues. > Mayor Nicoli recessed the Executive Session at 7:30 p.m. 3. CITIZEN INVOLVEMENT TEAM REPORT Liz Newton, Asst. to the City Manager, noted that CIT Facilitators Sterling Marsh and Susan Carver were present. Also present were Doug Griesen from the Police Department were present. She reported on the new CIT format of one hour of an informal general session and a second hour for breakout sessions on different issues. She mentioned that attendance has ranged from 47 to 65 citizens. She said that she observed good participation from citizens under the new format, especially in the smaller breakout sessions. Ms. Carver commented that she thought the new format worked effectively and was appreciated by the majority of citizens. She mentioned that she would like to find a way to get a report on CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 1 the discussion at each breakout session. Councilor Moore asked if the same people attended the meetings. Ms. Newton said that about half the people at a meeting were new, probably responding to a specific issue. The Council discussed possible ways of making the information available from each of the three to five breakout sessions to the other attendees. Councilor Scheckla suggested having someone take minutes. Mr. Monahan noted that they did have staff at the meetings who could take minutes that they could then make available at the library, City Hall, and on the Internet. Ms. Newton mentioned that at the last meeting prior to the breakout sessions she introduced the staff people who were there representing their departments so the citizens knew who was there that they could talk to. She noted a question of whether or not facilitators were really needed at the breakout sessions. She suggested that perhaps the facilitators could take notes if they were not actively facilitating. She mentioned that the Fire District was participating also. Councilor Rohlf suggested asking the School Board to send members. Mr. Griesen said that as one of the original staff persons involved in setting up the CITs, he had been hesitant about the new format but has found over the past few months that it worked well in encouraging citizen participation. Ms. Newton said that they would stay with this new format for a year. She said that Susan Koepping, the new volunteer coordinator, acted as host and coordinated the sign in sheets. She confirmed to Councilor Scheckla that they did use name tags. She explained that they used different tag colors to identify residents as opposed to non-residents. She said that they would try taking minutes, as well as contact the School Board about sending a representative to the meetings. 4. PROPOSED LOCAL IMPROVEMENT DISTRICT TO IMPROVE SW 69TH AVENUE Gus Duenas, City Engineer, reported that Specht Properties was interested in submitting a petition for an LID in the Triangle area immediately south of Dartmouth to do improvements to SW 69`h Avenue. He used a slide presentation to review the LID process. He said that an LID could be initiated by Council or the property owners. He explained that staff did a preliminary evaluation report, which, for owner-initiated LIDs, was triggered by submittal of the petition. Mr. Duenas reported that he received today a copy of a getition signed by the Vice President of Specht Properties, a developer of property along SW 69 Avenue. Mr. Duenas explained that after completing the preliminary evaluation report, staff forwarded a recommendation to Council for approval or denial of the proposed LID. If Council decided to proceed with the LID, then staff prepared the preliminary engineering report and a fee schedule. He said that the engineering report looked at the entire scope or work for the proposed LID, including cost estimates, and made a recommendation for approval, approval with conditions, or denial. Then the Community Development Director evaluated the report and made a recommendation to Council, including project feasibility and priority. Mr. Duenas said that upon approval, the Council would do a resolution of intent, hold a public hearing, and make its decision. He mentioned that Council could not proceed if two-thirds of the CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 2 property owners in the area remonstrated against the LID formation. Mr. Duenas reviewed the LID for SW 69's Avenue proposed by Specht Properties. He said that with Specht owning a substantial portion of the area proposed for the LID and the City holding non-remonstrance agreements for a relatively large area also, less than 30% of the area could submit remonstrances (which was insufficient to stop the LID). Mr. Duenas pointed out the proposed LID boundaries on a map. He presented slides of the area showing that there was little development there presently. He commented that the engineering staff would like to see this LID done because SW 69th Avenue was a gravel road that the maintenance crew has been asking them to pave. He explained that they did not pave it last year, deciding instead to do a center line alignment prior to paving it as part of the pavement management program. When they learned of the possible LID, they decided to just wait and see what happened. Mr. Duenas commented that this was also an opportunity to use the LID process for development in the Triangle, and to send the message that the non-remonstrance agreements would be enforced. Mr. Duenas reviewed the process for this LID following the official submittal of the petition. He said that tonight's report was to brief Council on what was coming and to inform them that the property owners were very serious about this. Councilor Hunt asked if the LID was for full improvements (street, water, sewer, storm). Todd Schaeffer, Specht Properties, confirmed that they intended to do full improvements. Councilor Moore mentioned the City's policy on undergrounding overhead utilities. Councilor Scheckla asked how much acreage was in the LID. Mr. Schaeffer said that the consultant estimated 12 acres. Councilor Scheckla asked if any property owners opposed the LID. Mr. Schaeffer said that at the neighborhood meeting on the development, they mentioned the LID. He said that the other three property owners recognized the benefits and were interested in getting sewer. Councilor Rohlf asked if the proposed LID boundaries made sense. Mr. Duenas said that staff would look at that. Councilor Rohlf said that he wanted staff to tell them whether or not the boundaries were right for all the different pieces of infrastructure the City was trying to put into place. Mr. Duenas commented that an improved SW 69`s Avenue could impact Dartmouth, SW 68°i, and SW 72"d. Mr. Schaeffer pointed out that Specht properties did not actually own the property. It was under contract from the largest property owner, Don Pollack. Other property owners working with Specht included Richard Carpenter and Jay Montgomery. He said that the company sent the property owners letters alerting them to the proposed LID and asking them to sign back that they received the information. 5. COUNCIL GOALS UPDATE Mr. Monahan noted the three month update on the status of the Council goals in the summary packet. Councilor Rohlf said that he liked the format. Councilor Moore said that it was very informative. Councilor Rohlf commented that he liked staff tying in their recommendations to CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 3 Council goals in the normal course of business. 6. UPDATE: GREENSPACES PROGRAM Jinn Hendryx, Community Development Director, distributed the work of Metzger Elementary School students on planning for the future parks completed as part of the Parks Wfaster Planning process. Duane Roberts, Associate Planner, reported on the status of the remaining properties in the last approved budget. He mentioned that the properties along the Tualatin River for a trail extension have been purchased. He said that on the joint Tigard-Tualatin pedestrian bridge over the Tualatin River, Tualatin has hired a consultant to look at the feasibility of making a cantilever bridge from the existing bridge. Mr. Monahan indicated that they would have more information on the funding after a meeting next week with Tualatin staff. Mr. Roberts said that they overspent in the Bull Mountain area, and took money from the trail corridor allocation to cover it. He stated that the $210,000 remaining in the trail corridor fund was sufficient for purchasing the easements they needed for trails over floodplain areas. Mr. Hendryx informed Councilor Scheckla that there was about $260,000 left altogether. Mayor Nicoli asked to discuss the Albertson's property. Mr. Hendryx mentioned that he asked the Councilors last week via memo to visit the site and give him their recommendations. He said that he heard from Councilor Moore. Councilor Hunt expressed his concerns about this property, based on the site visit he and Councilor Scheckla made. He said that there was quite a bit of erosion on the part over by the power line. He mentioned that Ed Wegner indicated that while he could use the park area, he would only want to take it with definite restrictions and conditions, such as installation of a fence. He asked for more study by City staff before any decision was made. Mr. Monahan concurred with Councilor Hunt that if they took the property, they would make clear their expectations and concerns regarding erosion, maintenance, and potential vandalism. Councilor Hunt recommended directing staff to develop recommendations for conditions under which the City would accept the property. Mr. Monahan asked for information on what the conditions were on the site prior to the placement of the fill, how the fill has settled in, and cost estimates for fencing. Councilor Hunt asked for information on erosion control. Mr. Hendryx said that he spoke with the Albertson's representatives regarding Public Works concerns. He stated that they were amenable to the issues, and understood that the City did not want to commit to any improvements until they finished the Master Plan update. He said that he asked for a proposal in writing and they agreed to submit something by the end of this week. He commented that a detailed plan for this park would be outside the current scope of the Master Plan update, and staff has not asked the consultants to do any work outside of the master planning process,. CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 4 Councilor Scheckla expressed concern about the wetlands and soil erosion on the part over by Burrows Road and the power lines. He suggested planting one bank with ivy to control erosion. He said that putting up a fence did not accomplish anything and created a potential liability situation for the City with people climbing over it. Mr. Hendry,: said that staff could return with cost estimates for the fence and landscaping suggestions. Mr. Hendryx said that staff thought that a fence would keep children off the steep bank on their way to Albertson's, and it would define the park property line. He commented that people tended to encroach without a definite delineation of parklands. Mayor Nicoli said that Council appeared to be in agreement with star's direction. Councilor Moore said that he also had concerns about the property and the slope. He commented that he did like the property's proximity to the Bonneville Power Administration's right-of-way. He said that Beaverton got permission to use the BPA right-of-way as a bike lane, mentioning that BPA liked people helping to maintain their right-of-way. Councilor Hunt pointed out that it would be difficult to build a bike path on the steep slippery muddy slope as it existed now. Councilor Scheckla commented that the property was littered. He asked if there were jail work programs the City could utilize to help clean it up. Mr. Monahan said that the City already used jail workers for clean up, and they could schedule this property with the County. Mr. Hendryx reported that staff was in correspondence with BPA regarding an easement to utilize the power line corridor. He said that he thought they would respond favorably as the City has helped them resolve some problems in the past. Mr. Hendryx reported that Mr. Roberts was working with the consultants and property owners to implement the Fanno Creek Corridor. He said that the City has acquired the Country Club property along the river, the Fern Street property, and the Cash property on Bull Mountain. The Fanno Creek trail section was still pending. He stated that developments north of Fowler Junior High have cooperated with the project, and the City had an easement from the junior high to use their property. He mentioned that Mr. Roberts and the consultants developed a master plan proposal for Woodard Park that would help resolve some outstanding issues with the Metro property. Councilor Scheckls asked about the problem with playground equipment. Mr. Roberts explained that the playground equipment had been designed for older children and the neighborhood wanted equipment for younger children. He reported that the design plan for Woodard Park, developed with input from the neighbors, has achieved consensus. He explained that the active uses would move onto the upper dry land part of the Lowrey property because the lower part was soggy year round. In addition, the neighborhood recommended a trail alignment to follow the children's route to school, which did not go through the wetlands. Councilor Hunt complimented Mr. Roberts for his work on the pending donation of a large property. CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 5 7. UPDATE: MENLOR RESERVOIR This item was postponed. Administrative Items Discussed: > Mr. Monahan reported that Ed Walden, a former Tigard Building Official passed away two weeks ago at 83. Services were scheduled for Friday at 2:00 p.m. in Sherwood. > Mr. Monahan reported that he and Chief Goodpaster worked out a compromise regarding the hold it one day each month during the summer, instead of completely Peer Court. They would for the summer. He said that they would evaluate how it went with shutting down the program the intention of making the program year round next year. Councilor Moore asked if the stuuents were maintaining their enthusiasm. Mr. Monahan said that it ebbed and flowed. He commented that Chief Goodpaster was encouraging officer to send more cases of vandalism or auto related activity to Peer Court as the kids were getting bored with the constant shoplifting cases. He mentioned the need for a fall training program to replace the seniors who graduated. He agreed that they needed to publicize the program better at the schools. Ms. Newton reported that Susan Koepping, Volunteer Coordinator, was developing an outreach program for youth, and would incorporate the Peer Court in her efforts. > Cathy Wheatley, City Recorder, reported that Ms. Koepping was coordinating the volunteer effort to prepare the 2,250 seedling trees donated to the Balloon Festival by Drake's Crossing, a nursery in Silverton. 8. PARKING REQUIREMENTS - CHAMBER OF COMMERCE BUILDING Mr. Hendryx mentioned the Council consideration on April 14 of a reciprocal parking proposal from the Chamber. He said that during the discussion several questions arose and staff was present to provide answers. He reviewed the specifics of the Chamber's proposal for a 4000 sq.ft. building with one and a half stories. Mr. Hendryx said that the Chamber had two on-site parking spaces and hoped to be able to utilize the adjacent City parking lot being built this summer for the remaining 10 spaces required by the Code. He explained that if the Council chose not to approve the Chamber's request for a reciprocal parking agreement, then the Chamber would have to find an alternate solution for their 10 spaces within 200 feet of the site. Mr. Hendryx stated that the Code did allow reciprocal parking agreements for users whose hours of operation did not overlap, such as a theater and an office building. He mentioned that staff could not find any examples of reciprocal agreements in the records. The City Attorney's Of1'rcc was looking in its archives. Mr. Hendryx said that the City could give the Chamber a reciprocal agreement for parking if the CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 6 City controlled the parking and limited the public's access to it, thus guaranteeing the spaces for the Chamber's use during the day. Councilor Scheckla asked if they found an agreement between the American Legion and Payless. Mr. Hendryx said that they did not find one on file. Mayor Nicoli commented that the Legion had to have had a letter on file from Payless allowing the use of the parking lot or their appiication would not have been approved. Mr. Hendryx said that he did not think that the City could give the Chamber a reciprocal agreement unless the city somehow obligated a portion of the lot for the Chamber. He confirmed that the Code did give a parking reduction for businesses who could demonstrate that the business character was such that employees and patrons would utilize transit. He expressed his doubt that the Chamber would be able to do so. M:. Hendryx mentioned that if the Chamber leased the spaces from the City, then that would meet the Code requirements. The Chamber could then handle those spaces as they chose, leasing them or allowing public use. He said that the Council would have to reconsider the situation if the Chamber chose to rent office space to private individuals. He commented that the Chamber could apply for a variance but noted that the burden of proof for variances was very difficult to meet. Mr. Hendryx mentioned the discussion on eliminating the need for parking in the downtown through initiation of a text amendment to reduce the downtown parking standards. He explained that a process involving citizen input would take three to four months. An emergency text amendment could be before the Council by July. Mr. Hendryx recommended that the Council consider leasing 10 spaces to the Chamber to guarantee the Chamber those spaces and to meet the intent of the Code. If the City decided for some reason to terminate the agreement, then the Chamber was on its own to find the required number of spaces with 200 feet of its property. Mr. Monahan commented that another alternative was to increase the number of feet within which parking had to be found (300 to 400 feet). Councilor Hunt asked what kind of enforcement methods the City had if they terminated the lease. Mr. Hendryx said that the Chamber would be subject to a fine of $250 a day for this Code violation. Councilor Hunt commented that if the City rented the Chamber the property and then terminated the agreement but charged them $250 a day because they no longer had an agreement, it would not go over well. Mr. Monahan observed that if the lease was specific to the Chamber, and they sold the building, then the lease would not apply to the new user. Mayor Nicoli pointed out that the lease could run with the user instead of the property. Councilor Hunt stated that he did not see that the City had any teeth to enforce this situation. Mr. Monahan agreed that the Chamber would have a problem if they did not structure the lease so it worked for them. Councilor Hunt stated that he was against leasing the land but supported selling the land at the CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 7 cost paid by the City. He commented that the Chamber, as a group of business people, should have seen this coming. He contended that if they did, then it appeared that they savr an opportunity to gain their required parking at City expense. He held that the homeowner taxpayers (roughly half of Tigard taxpayers) would not want the City to subsidize the Chamber for $117,000 dollars ($37,000 to acquire the land and $80,000 to improve it) since the Chamber existed for the businesses. Mayor Nicoli cited the Council current direction towards a commitment to spend between $500,000 to $1 million in the next Five years to upgrade downtown Tigard as a similar use of taxpayer money. Councilor Hurt contended that the two situations were not the same. The downtown improvements came out of the visioning process and would benefit both homeowners and business owners. John Cook, Chamber of Commerce representative said that he would agree with Councilor Hunt if the Chamber building was used solely by businesses and they were a for profit company. He explained that the Chamber office was in this location because it was a visitor's center easily found by people, as it was on Main Street. He stated that in the evenings the Chamber would open up the building for community group meeting space. Councilor Rohlf asked if there was a way to structure a sale in a way that would make sense the Chamber. Mr. Cook commented that according to City regulations, that could not be done. Mr. Monahan explained that they would have to declare the property as surplus and put out for bids. Councilor Moore spoke to using a lease agreement to recoup some of the public investment in the acquisition and improvement of this land. Mr. Cook commented that the Chamber has not been involved in any discussions on a possible lease agreement. He said that this was a community based issue. He said that the Chamber decided not to ask the City for money, as other non-profits have done, but to simply ask for the reciprocal parking agreement. He explained that the Chamber building was so large because of the community meeting room. Mayor Nicoli suggested directing staff to proceed with a text amendment on changing the parking requirements in the downtown over pursuing this parking issue. He pointed out that the text amendment would probably resolve the issue. Councilor Scheckla commented that the Council approving this parking arrangement with the Chamber would bring other merchants in who wanted equal treatment. Mr. Hendryx explained that from a regulatory standpoint, the Chamber had to have 12 narking spaces in order to meet the intent of the Code. If they got those spaces through a lease with the City, then they met the Code. Once they leased those spaces, the Chamber had control over their use and could allow public parking on them if they so chose. Mr. Cook stated that he would make those spaces public parking because the original intent of this whole matter had been to get more public parking downtown and in conjunction with the Chamber building. CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 8 Councilor Scheckla asked Mr. Cook to address the issue of what .vould happen if the Chamber sold the property and a new user moved in. Mr. Cook said that he would agree to whatever arrangements were made, and that the agreement could include provisions dealing specifically with that situation. Councilor Scheckla suggested a provision that all parking arrangements were null and void upon sale of the property and that the new property owners had to start at the beginning. Mr. Monahan mentioned that the lease could include contributions from the Chamber towards the development of the City parking lot, possibly landscaping and maintenance costs. Councilor Hunt asked how long staff would need to draft the text amendment on changing parking restrictions in the downtown. Councilor Moore expressed concern at Council taking that action while the downtown group was working on their proposal for the downtown. Councilor Rohlf pointed out that the business owners have said all along that they needed the downtown parking regulations changed. Mr. Hendryx said that staff could get a text amendment to Council on July 14 if they dropped everything else and had minimal public involvement. If they met with the downtown group, the amendment would come to Council in August or September. Mayor Nicoli asked Mr. Cook how soon the Chamber planned to begin their land use process. Mr. Cook said that they hoped to start by June 1. Mr. Cook recommended a short term lease while staff worked on the amendment because once the amendment was in place, the lease would not matter. Councilor Hunt pointed out that Mr. Cook was assuming the text amendment would go through. > Mayor Nicoli recessed the meeting at 9:10 p.m. to Executive Session pursuant to ORS 192.660(1) (h) current and pending litigation. Mayor Nicoli reconvened the regular meeting at 9:20 p.m. Councilor Rohlf spoke to agreeing to a one-year lease in order to give staff plenty of time to craft a well-written ordinance for the downtown parking and to get public input. He said that he was uncomfortable giving the Chamber unlimited use of the lot for an unlimited time because he did not think that they bought the property to turn it over to the Chamber. He said that it bothered him that the City was left with only five parking spaces. Mr. Cook agreed that a one-year lease was a good alternative. Councilor Scheckla asked for more information at the next Council meeting. Mr. Monahan recommended asking Mr. Cook to come back with a draft lease (as the City bore the legal expenses for the property acquisition). Councilor Moore commented that he had no problem with a one year lease. Mayor Nicoli noted that there were at least three in favor of the lease with another wanting to CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 9 see the lease. Councilor Moore said that although he favored the lease, he also wanted to see it first. Councilor Rohlf said that he would oppose a long-term lease because of the flack the City would receive from the downtown merchants. Councilor Rohlf suggested initiating the conversation about downtown parking, noting that the issue has been around for two to three years. Mayor Nicoli agreed. He asked for Council direction to staff to move that issue forward specifically along with the downtown effort. Mr. Monahan suggested that Mr. Cook propose that the Chamber install the landscaping as part of the lease agreement. He confirmed to Councilor Hunt that insurance was part of the lease arrangement discussions. Mr. Hendryx stated that his staff could not accept the Chamber application unless it complied with the Code. He indicated that a lease agreement was the best instrument to assure his staff that the application was in compliance. The Council discussed when Mr. Cook should return with the draft lease agreement. They agreed on the June 3 meeting. Mr. Monahan suggested that Mr. Hendryx contact the lead person for the downtown group to start the discussion on the Code amendment, and to get input on possibly applying this amendment to a more limited area than the boundaries of the downtown as defined by the group. 9. REVIEW OF PROCESS: IDENTIFICATION OF "SIGNIFICANT TREES" Mr. Hendryx noted that during the public hearing on a development application on Greenburg Road last summer, the neighbors pointed out that the City has never defined "large and significant trees" or "unique stands of trees," as mentioned in the Comprehensive Plan. He said that the Task Force dealing with natural resources set that issue aside and focused instead on regulations for stream corridors, wetlands, etc. He pointed out that the City had no protection for large trees, other than replacement if removed. Mr. Hendryx said that he presented to the CITs in March his proposal to do an inventory of large and unique stands of trees with possible recommendations on regulating their removal. He mentioned that the citizen participation at that point was nominal, although it had been discussed extensively at three previous CIT meetings. Mayor Nicoli commented that he thought that one neighborhood in particular had been pushing the issue. Councilor Hunt said that he did want to see definitions for significant trees and large groves to help in making decisions on matters involving them. He agreed that there were not any definitions currently. Mr. Hendryx referenced his response to an earlier Council direction to do an interpretation on large and unique stands of trees.: He said that he did not want to define by himself what a large and unique stand of trees was, citing regulatory and legal concerns. He proposed crafting a definition and doing an irv~;ntory along with consideration of policy issues such as how would those trees be preserved. CITY COUNCIL MEETING MINUTES - MAY 19, 1995 - PAGE 10 Councilor Hunt asked if the urban forester could do this. Mr. Hendryx said yes. Councilor Rohlf asked why they needed an inventory if they developed a good working definition to use on a case by case basis. Mayor Nicoli commented that if a property owner had a tree(s) on his property that the City considered significant, and it created problems on the site, then the City could waive requirements to make the lot buildable while preserving the tree(s). He said that any incentives used by the property owner would run with the property (on record) until the tree became diseased or a falling hazard. Mr. Monahan commented that the City might want to take some responsibility for the care and maintenance of the tree, as some communities have done, although there were liability concerns involved. Councilor Rohlf commented that there several difficult definitions involved, including large and unique stand of trees, undeveloped land, and character of the vegetation. Councilor Moore said that the urban forester's first task could be to develop a definition, and then Council could consider what to do next. Mr. Hendryx mentioned that the Council could empower the CITs and volunteers to work with neighbors and property owners on preserving trees. Councilor Rohlf suggested keeping this as low key as possible, considering how the last tree discussion went. He held that this issue would come up less and less as the City built out and went to infill development. He commented that they were accommodating one group of citizens but agreed that the City did owe them an interpretation. He supported running the definition by the CITs but did not support an inventory that might create a liability and responsibility for the City that he was not convinced they should take on. Mayor Nicoli pointed out that the City was planting upwards of 10,000 trees in the next three to four years in areas where they knew they would be undisturbed. He expressed concern about going onto private property. Mr. Hendryx commented that he brought the issue to Council because he told the CITs that he would, although he did tell them that Council might not support it. Councilor Rohlf reiterated that they owed the citizens a definition. Mayor Nicoli stated that he considered the parks and land purchases to be a higher priority for staff, including the new forester who would have another 300 acres of parkland to deal with. He recommended tabling the matter for a year and concentrating on the work Councilors would like to see get done first. Mr. Monahan suggested assigning this project to the urban forester in the fall/winter when he was stuck in the office because of inclement weather. He spoke to getting the ball rolling although not with a high priority. Councilor Hunt supported the Mayor's recommendation to table the issue. Councilor Moore suggested asking the forester what he thought could be done about it. He said that they could give the forester a priority list of tasks. The Council agreed by consensus on the general approach discussed. CITY COUNCIL. MEETING MINUTES - MAY 19, 1998 - PAGE 11 10. NON-AGENDA ITEMS 11. EXECUTIVE SESSION 12. ADJOURNMENT: 9:44 p.m. Attest: A e C_atherhineWh~e, City Recor er Mayor, Date: `V1031(q CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 12 COMMUNITY NEWSPAPERS, INC' Legal P.O. BOX 370 PHONE (603) 664.0360 Notoce TT 9130 BEAVERTON, OREGON 97075 Legal Notice Advertising G City of Tigard • 13 Tearsheet Notice 13125 SW Hall Blvd. eTigard,Oregon 97223 ° O Duplicate Affidavit *Accounts Payable - i AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Katby Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard T n 1 at; mimes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti gard in the aforesaid county and state; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for nNF' successive and consecutive in the following issues: May 14,1998 Subscribed and sworn be ore me this 1 4th day of MAV,1998 OFFICIAL SEAL 00i ROSIN A. BURGESS ary Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: AFFIDAVIT COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING May 19, 1991; - 6:30 P.M. TIGARD CITY HALL - TOWN HALL 13125 SW HALT. BOULEVARD, TIGARD, OREGON o Council Goal Update • Citizen Involvement Team Report • Update on Greenspaces Program o Review of Process: Identification of "Significant Trees" • Review of Summerlake Options: Maintenance of Lake • Update on the Menlor Water Reservoir • Executive Session TT9130 -Publish May 14, 1995. AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY MU 19 1998 _ ISSUE/AGENDA TITLE Proposed Local Improvement District to Improve SW 69th Avenue PREPARED BY: G N Berrv HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL A petition has been prepared by a major property owner in the Tigard Triangle for initiation of a Local Improvement District for improvement of SW 69th Avenue. Staff will brief Council on the LID process and on the specific details of the proposed LID. • STAFF RECOMMENDATION No official action is required. Staff recommends Council discussion and information on any specific Council concerns that need to be addressed in the evaluation report. INFORMATION SUMMARY A petition has been prepared by a major property owner (Specht) to form a local improvement district to improve SW 69th Avenue south of SW Dartmouth Street. This petition is expected to be submitted during the week beginning May 11, 1998. The TMC at 13.04.020 provides that if a petition is received by owners owning at least fifty percent of the property benefited by the local improvement, the community development director shall prepare a preliminary evaluation report identifying factors which support the formation of the district and factors which make the district not feasible or not in the public interest. The preliminary evaluation report shall recommend approval, approval with conditions, or denial. Staff has confirmed that this owner owns more than fifty percent of the benefited property. Consequently, a preliminary evaluation report, accounting for any concerns Council expresses, will be prepared. The community development director shall submit the preliminary evaluation report to the Council when the recommendation is for approval, or for approval with conditions. The Council may request on its own motion to have a preliminary evaluation report brought to it for action when the recommendation is for denial. Staff intends to submit the report to Council regardless of whether the recommendation is for approval or denial. After considering the preliminary evaluation report, Council may direct staff to terminate work on the proposed district or to adopt a resolution directing staff to prepare a preliminary engineer's report that includes the scope of the work, financial information, proposed district boundaries, estimated cost and a recommendation to form the district or not to form the district. After considering the recommendation, Council shall decide whether to declare its intention to form the district and construct the public improvements. Council may not proceed with the formation of the district when the property owners owning two-thirds of the property area within the proposed district object to formation of the district. Another owner (Corliss) within the proposed district has waived this right to object to the formation of this proposed local improvement district as a condition of approval for a site development review permit. This property, combined with the petitioner's property, account for about seventy percent of the property within the proposed district. Consequently, there is insufficient remaining property within the proposed district to defeat a Council decision to form the district. Attached is a map indicating the properties involved and the proposed district boundary. If the petition is submitted as expected prior to this meeting, copies of the petition will be provided to Council members for their review. OTHER ALTERNATIVES CONSIDERED None. The City is required by the TMC to prepare the preliminary evaluation report once a developer-initiated petition is submitted. FISCAL NOTES Construction, engineering and administration may be funded through a lbcal improvement district. Council may adopt a fee for the preparation of the preliminary engineer's report. 1:%c4w1de%sLr s=-1id.doc M®I F- N d3 C1] C!] u l C 0 4) 4J i---1 C~ C~ CAS CJ] H IL d) U O Q F~ cn a) 4-4 bA Cd Cd u u W . 03 O a~ O O p a •v~ Sa C~ 0 Cd ~-4 • r.,.~ C~ • w®1 i!~ c .1 x•04 ~d r--Iq • ps~ -14 e pa+ ct ct n n O u co~ cs~ U O Q a H • r~l n O ~.s V) P-.4 Q a H L0~ Q~ Q~ • C1 WN L/a C4 cl--d • ~eoi e a3 5..~ • wr~i cfs iN • r---o Cld ~d IT I" T.'l i d Cis r l • • i uu Q ~-a u N crj ~ .I 0 Go a O 4~ CA] ~ ~ ~ r-, ~ ~ C1J ~ ~d ~ ~ O PENO O "q'; O cep P4 CCU . C >1 O e~ O O O 0 C111-• z os 4-4 ct 03 D ~d 0 0 4D CIS 0 V as 13- AGENDA ITEM # FOR AGENDA OF 5/19/9 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Council Goal U 24@k PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Discussion of the progress on the Councils goals. STAFF RECOMMENDATION Review and discuss the attached summary report. INFORMATION SUMMARY Attached are brief summaries of the efforts to date on the stated Council goals for this year (yellow pages). Also attached are the tasks identified during the last Council goal-setting session with regard to specific activities considered to be part of departmental responsibilities and individual work programs (pink pages). An additional goal update is scheduled for August of this year. The next Council goal-setting session is scheduled for the workshop meeting of September 15, 1995. OTHER ALTERNATIVES CONSIDERED Advise staff if any amendments are need to the direction being taken, timelines proposed or work completed or planned. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning goals are identified throughout the goals and tasks developed by the City Council last October. FISCAL NOTES N/A i:\adm\cathy\councii\goa isum.doc GOAL A specific new direction Council wants to take or a specific change in past direction, or a specific position the City wants to advocate. Fb Liz ® Maximize opportunities for citizens to participate and contribute through an effective VOLUNTEER PROGRAM. Update: February 1998 City Council authorized the creation of a volunteer coordinator position. The volunteer coordinator will be hired by April 1 and will be responsible for citywide coordination of volunteers. In addition, a book of volunteer activities for each department is available at City Hall and the Library. Staff has been receiving an average of two calls a week from citizens interested in participating. Update: May 1998 Network Services is using Tigard High School volunteers to write a Web Page, working through Susan Koepping, our Volunteer Coordinator. Susan Koepping was hired as the Volunteer Coordinator. She began her duties April 15, 1998. Susan is responsible for coordinating the City-wide volunteer program, including recruitment and training. She is working closely with the Library Volunteer Coordinator and all City departments to identify volunteer opportunities and place and retain volunteers. Update: Goals & Tasks - Page 1 ~b Jim O Identify the City's commitment top PAJRK FACILITIES AND RECREATION programming to the year 2010. Update: February 1998 An advisory committee is working with the Planning Commission to complete this task. Several work sessions and open houses are scheduled over the coming months. Update: May 1998 We are mid-way through the completion of an updated Park System Master Plan. Update: Goals & Tasks - Page 2 lb Gus • Identify, schedule and participate in specific activities the City can under take or promote that result in EVWROVEAMNTS TO 99W balanced with community interests. Update: February 1998 The Transportation System Plan (TSP) Study currently being performed by DKS is expected to be completed in the next 4-5 months. The existing conditions have been established, and a model has been created to project future traffic volumes. The next submittal is an analysis of alternatives to address the future traffic impacts. Necessary improvements to the streets within Tigard will be identified through this study. Implementation of the recommendations should eventually alleviate traffic volumes on 99W. The Hall Boulevard/99W Intersection Improvement Project is funded through MSTIP 3. Based on the funding reduction resulting from Measure 50, project design for the project will not be initiated until at least 6 or 7 years from now. The status of 99W as a State Highway and the inability of ODOT to provide funding assistance are contributing factors towards the relatively low priority placed on this project. If circumstances change and ODOT is able to participate in the project, the improvements at the Hall/99W intersection could be moved up in the MSTIP 3 implementation time frame. Update: May 1998 The Transportation System Plan (TSP) Update study by DKS would identify improvements that need to be constructed to accommodate the current and future traffic projections. This work will be ongoing over the next several months and should be completed within 6 months. Construction of the recommended improvements is expected to alleviate traffic volumes on 99W. For further details on the progress of the study, refer to the Council Goal update on the Comprehensive Public Facility Plan. The City is currently examining possible corridors for the Dartmouth Flyover connecting Dartmouth to Hunziker Street, then through to Hall Boulevard south of City Hall. This street, if constructed at some time in the future, would draw traffic from 99W and hence alleviate the traffic congestion on that highway. The status of the Hall Boulevard/99W Intersection improvement has not changed since the February update. The project design is scheduled to be initiated 6 years from now with projected completion of construction by the end of the year 2006. Again, the status of 99W as a State Highway and the inability of ODOT to provide assistance are contributing factors towards the relatively low priority placed on this project. Update: Goals & Tasks - Page 3 Fb Jim • Define the CITY'S ANNEXATION PROGRAM on four distinct areas; Walnut Island, Bull Mountain, Metzger, and other areas. Update: February 1998 With the voter approval of Measure 50, the City has begun to process annexation requests and collect waivers for future annexations. Staff will be presenting an annexation policy for Council consideration in March. Update: May 1998 An annexation policy discussion was held by Council and direction was given on how to proceed. The issue will be revisited once the Boundary Commission functions are delegated to local governments. Update: Coals & Tasks - Page 4 [b Jim / Bill As the lead agency, define the course for the FUTURE OF TIE DOMNTOMN in cooperation with ;merchants and the community, and specific actions that can be taken toward desired results. Update: February 1998 The Community Development Department is budgeting for consulting assistance to complete a downtown master plan. In addition, staff is reviewing previous efforts for the downtown to determine status of the recommendations. Update: May 1998 The Downtown Advisory Committee hosted a meeting regarding the future of the downtown. Bill, Liz and Jim provided background information to the participants at the meeting. The group committed to discussing how to proceed with downtown. Staff will provide necessary support as needed. Update: Goals & Tasks - Page 5 Fb Ed C Obtain a LONG-TERM WATER supply solution. Update: February 1998 1. The Willamette Water Supply Agency had its first meeting on February 4 and the turnout was excellent. The next meeting is scheduled for March 4, 1998. 2. The City of Tigard entered into a contract with MSA to compile a preliminary engineering and implementation plan for the Willamette Water supply system. Bowler and Associates is working on a public information program. 3. The City of Tigard and the Tualatin Valley Water District have been negotiating with the State Department of Corrections and Wilsonville on a long-term water solution. Some funding is available from the he Department of Corrections for use in the water treatment facility. 4. The first newsletter on the Willamette water supply is scheduled to be mailed to water user by February 20. Update: May 1998 The City and IWB continue to work with the WWSA on regional issues and regarding the Willamette River as a potential water source. The water treatment plant is moving along nicely in three areas: preliminary engineering and implementation plan - reviewing sites, plant layout, and transmission alignment and cost estimates. The public information program is underway with our second newsletter due to be mailed within the next two weeks. The rain water monitoring program will be€ in June. In the next quarter, land acquisition and water rights issues will begin being explained. Update: Goals & Tasks - Page 6 [bJim/Ed Provide tools and implement programs that PROTECT AND ENHANCE THE C®MMIUNITY' S AESTHETIC QUALITIES balanced with development - such as planting 2000 trees by the year 2000. Update: February 1998 Community Development The Design Evaluation Team has been formed and is tentatively scheduled to review Eagle Hardware in late February. At the joint Planning Commission/City Council meeting on February 17, there will be discussion on concepts and tools for protecting and enhancing community aesthetics. Public Works: Phase 1 of the Tree 2000 program will be presented to City Council on February 24, 1998. To date, we have planted 550 trees at Englewood Park during Make a Difference Day last October. The storm water crew is working on policies and procedures for water quality pond maintenance and aesthetic values. A draft report is tentatively scheduled for Council review in April The Budget Committee will also see details for an enhanced water quality program. Each Wednesday morning, City crews remove illegal signs from right-of-way areas. Update: May 1998 Community Development has presented information to Council regarding the current design standards within the City. An analysis is being done on what the jurisdictions do to address aesthetics. Staff will be returning to Council for further discussion this Summer. Public Works continued the sign removal program on a weekly basis; however, we are considering modifying our schedule. Staff continues to work with volunteer groups in the tree planting program. The Trees 2000 Plan was approved by City Council and two contracts for tree planting were let for Cook and Summerlake Parks. These two projects will be completed in June. Staff is working with the Mary Woodward teachers and parents in developing a garden site to be used as a teaching tool as well as a neighborhood garden. Update: Goals & Tasks - Page 7 [b Jim / David • Encourage and support private sector programs TO MAINTAIN DIVERSE AND AFFORDABLE MOUSING AND PROTECT TIGARD'S OLDER HOUSING STOCK. Update: February 1998 Staff has been working with the Housing Code Task Force to determine the City's need for minimum housing standards. The Task Force will present their recommendations to Council in the spring. Update: May 1998 The Community Housing Task Force is continuing its work. Progress is slower than originally anticipated; however, Task Force members believe that the process is effectively building consensus so that the final recommendation to Council should represent the consensus of all represented constituencies. Currently, the Task Force is finishing review of the substantive provisions of a draft Housing Code. Upon completing this review, the Task Force will address the issue of compliance, penalties and enforcement and funding mechanisms. To date the Task Force has determined: • Tigard should adopt a Housing Code. • Enforcement should be reactive (complaint and referral striven). • The Housing Code should apply to all residential property. • One housing inspector should be hired to staff the program. Note: this position is reflected in the 1998/99 proposed budget (General Fund). The Task Force should complete its work and present their recommendations to Council by late Summer. In pursuit of this goal, Council approved the renewal of the tax exemption for the Villa La Paz project. They passed Resolution No. 98-21 dated March 24, 1998, granting the exemption. Update: Goals & Tasks - Page 8 [b Jim Promote BETTER PUBLIC TRANSPORTATION to serve riders within Tigard and from Tigard to other suburban communities. Update: February 1998 Staff has been evaluating the level of service the City receives vs. revenue from local businesses. Further analysis is needed to complete this phase of our work. Tri-Met held several community meetings. The results of those meetings is expected this spring. Staff will update Council when this information is completed. Update: May 1998 Staff met with Tri-Met to review the funding and make suggestions. Staff will continue to follow. Update: Goals & Tasks - Page 9 lb Gus Develop a COMPREHENSIVE PUBLIC FACILITIES PLAN that includes construction, management, funding, and maintenance for streets, sewers, sidewalks and street lights. Update: February 1998 Provided review comments on the Existing Conditions submittal of the City of Tigard Transportation System Plan (TSP) update study currently being performed by DKS. DKS is currently running a model to project traffic volumes expected by the year 2010. The next submittal will be the Alternatives Analysis, which is expected within a week. These alternatives will address ways to alleviate the traffic congestion expected in future years. After that submittal, a preferred alternative will be selected and modeled. From that model will come a list of future projects for implementation in the Capital Improvement Program. Sanitary Sewer: The sanitary sewer plan has progressed substantially as of this update. The sanitary sewer maps have been digitized and are now accessible through GIS. In addition, we have created a sanitary sewer master plan with some projects for sewer upgrade identified by both Public Works and USA. Further evaluation of existing line conditions and capacity will be ongoing in the next few months. A flow monitoring program to verify existing flows and to provide data for future projections will be initiated as part of this effort. Storm Drainage, Sidewalks and Streetlights: The storm drainage, sidewalks and streetlight plans are still in the preliminary stages. Evaluation of available information and existing conditions is currently ongoing. Update: May 1998 Streets: The Transportation System Plan (TSP) Update study by DKS has been projecting significantly lower future traffic volumes than expected. The study is using information provided by Metro for these traffic flow projections. The discrepancies appear to be in land use for certain areas in Tigard. The City is currently reviewing and verifying the land use in the Tigard Triangle and in several other areas in Tigard; and has been providing more reliable information to DKS for use in the study. We have processed an amendment to the contract with DKS to allow for this additional work. DKS will ccnvert the land use data collected and create a computer model using the updated information. The final product will be an updated Transportation System Plan that would identify improvements that need to be constructed to accommodate the current and future traffic projections. This work will be ongoing over the next several months and should be completed within 6 months. Construction of the recommended improvements is expected to alleviate traffic volumes on 99W. Update: Goals & Tasks - Page 10 Update: May 1998 (continued from previous page) The Engineering staff is currently in the process of contracting for update of the City's DOS- based Pavement Management System and for re-rating of the City streets to update the :misting database. The contract for the upgrade and updating of street-related information is expected to be executed by the end of the month. From this system update and review of City street conditions will come a long-term plan for preventive and corrective maintenance on the City streets. This plan will be a key component of the public facility plan for the streets. Sanitary Sewer: Since the February update, the Sanitary Sewer Master Plan has been further refined to highlight potential projects for sewer extension and to identify areas of concern for further detailed study. The entire system appears to be in good condition. The problem areas identified by Public Works wastewater crews have mostly been addressed through repairs funded by the annual Sanitary Sewer Major Maintenance funding in the CIP budget. The flow monitoring program to verify existing flows in the areas of concern will be initiated next fiscal year through the Capital Improvement Program. This flow monitoring program will provide data for future flow projections. The flow projections will tell us what line segments need to be upgraded to accommodate the anticipated flows. Storm Drainage, Sidewalks, and Streetlights: The storm drainage, sidewalks and streetlight plans are still in the preliminary stages. However, the projected schedule for completion of the facility plan for each infrastructure element is still as originally submitted. The Pavement Management System software has an optional sidewalk module that we intend to incorporate next fiscal year after the basic system is installed and fully operational. The sidewalk module will capture information on the existing sidewalks throughout the City and provide the basis for development of long-term maintenance and sidewalk extensions Citywide. The initiation of a 5- year program for refurbishing of existing steel streetlight poles is included in the streetlight budget for FY 19989-99. i:ladm\cathylcouncillgoals98.doc Update: Goals & Tasks - Page I I TASK (update - May 1990 A specific activity' that is part of a departments' assigned responsibilities; part of a department or individual's work program. COMPLETED • Change Council Goal Setting Cycle to Fall. • Finalize long-range plans for Cook Park. • Apprise Council of Pending Development Locations. • Evaluate use of traffic calming devices for SW North Dakota. TO BE COI4PLETED THIS YEAR [b Jim • Survey, assemble and evaluate opportunities to create tools to protect community aesthetics. Update: February 1998 Council adopted design standards for the Tigard Triangle this past year. The Design Evaluation Team (DET) was appointed by Council to provide flexibility to these standards. Update: May 1998 The DET reviewed a proposal for Eagle Hardware and provided a report with recommendations. Staff is evaluating current City standards and comparing to other jurisdictions. Findings will be presented to the Council in July for further direction. Update: Goals & Tasks - Page 12 lb Liz Implement a revision to the CIT program to emphasize citizen education, and citizen access to resources on one evening a month. Update: February 1998 The first CIT meeting in the new format was held February 5. Approximately 53 citizens attended. The new format accommodates all of the CITs at one meeting. The first portion of the meeting is a general session with educational topics. The second hour is a break-out session for citizens to participate in discussions on a variety of topics. Update: May 1998 The CIT meetings continue to be held under the new format one meeting a month. Attendance is being tracked and has been as high as 64 and as low as 45. The Council and Facilitators will discuss the new CIT format and any suggestions for changes at a Work Session on May 19. Update: Goals & Tasks - Page 13 Fb Liz / Ureen e Conduct Visioning Process. Update: February 1998 The first "Tigard Beyond Tomorrow" report was issued to the citizens at an Open House on January 24. The report is a summary of the community's 20-year vision effort and contains direction statements, goals, strategies and action plans for each of the six target areas. The Tigard-Tualatin School District Board and the Tualatin Valley Fire District Board (partners with the City), will receive reports in February. Update: May 1998 Staff has completed presentations to service groups on the visioning final report. Action plan activities are being monitored and a report on the progress in each target area was given to Council on May 12. Update: Goals & Tasks - Page 14 [b Liz e Develop long-range and short-range space plans and evaluate funding alternatives. Update: February 1998 The consulting architect to the Space Committee developed concept plans and costs over the holidays. The plans were reviewed with key staff. The Space Committee will reconvene on February I1 to review the concept plans and costs and discuss a public information schedule. Update: May 1998 A phone poll of Tigard voters was conducted in April to determine support for facilities expansion. Council will discuss the results on May 12 or May 19 and direct staff on how to proceed. Update: Goals & Tasks - Page 15 Ib Sandy Employee Recognition. Update: February 1998 Human Resources continues to provide a Cityscape article each month on the "Employee of the Month." A new recognition program was recently started where a "traveling trophy" filled with candy is passed from one employee (deserving recognition of outstanding work) to another deserving employee. (To further clarify, the recipient of the trophy selects the next person to receive the trophy.) This peer recognition has been well received and employees are having fun with the new concept. The citywide Employee Recognition Program is scheduled for February 27, 1998. Update: May 1998 ® Our City-wide Employee Recognition Program was held in February, with a turnout of over 100 employees and 8 family members. ® The Employee of the Month Program is beginning to recognize more teams for outstanding City service, which is great for our work units. ® The Traveling Trophy is now at its sixth recipient and has been passed among four departments. Update: Goals & Tasks - Page 16 {b Sandy Implement Workplace Violence Recommendations. Update: February 1998 City of Tigard employees began wearing ID badges on 1/ 1/98 as part of the Workplace Violence Committee's recommendations. Meetings were held citywide to discuss this new program and to solicit information to improve security at City facilities. The Executive Staff approved the outline of a training seminar to be head on workplace security, which was another of the Workplace Violence Committee's recommendations. Human Resources is now identifying trainers for the program. Update: May 1998 Training for all City employees has been scheduled for May 12 through 21, with Jim Fairchild, CAPE, presenting the program. These four hour sessions are mandatory and will cover such topics as red flag behaviors, types of workplace violence, violence prevention, creating safe working conditions, responding to aggressions, how to defuse anger, and other components. Update: Goals & Tasks - Page 17 [b Cathy e Review Existing City Ordinances and Resolutions. Update: February 199€3 The Records Division compiled a listing of ordinances and resolutions at the request of the City Recorder. The City Manager and Recorder met to define the scope of the task and is briefly outlined as follows: e Review, list and index Council policy decisions for the last five years. • Review the ordinance list to determine if any ordinances (not codified) appear to be obsolete and, therefore, should be repealed. o Review, list and index resolutions for the last five years. Determine if any appear to be obsolete and, therefore, should be repealed. • Contact the League of Oregon Cities and other City Recorders and inquire if they have a tracking system for policy decisions and a review schedule. Prepare a recommendation to serve as a guideline as to when a resolution or ordinance would be the proper instrument to use when requesting Council action. For example, should all policy direction and agreements be adopted by resolution? Update: May 1998 A report is tentatively scheduled for the Council meeting of June 16, 1998 Update: Goals & Tasks - Page 18 Rb Jim / Dick ® Rewrite Tigard Development Code. Update: February 1998 A revised Development Code was reviewed at a joint CIT meeting on January 14, 1998. It was also discussed at the February 5, 1998, CIT meeting. A joint City Council/Planning Commission meeting to review the draft code is scheduled for April 7, 1998. We hope to schedule public hearings after April 7, depending on the input/direction received from the City Council and Planning Commission. Update: May 1998 A joint City Council/Planning Commission work session was held Apri: 7, 1998 to review the draft Code. Minor changes drafted by staff are being incorporated into the next draft to be reviewed at a public hearing by the Planning Commission on June 15, 1998. Pending the outcome of the hearing, a City Council public hearing will be scheduled. Update: Goals & Tasks - Page 19 lb Jim / Duane Promote use of Metro Greenspaces funds for the Tualatin River and Fanno Creep. Update: February 1998 Consultant services were retained to accomplish this task. Contracts have been entered into with all property owners along identified portions of Fanno Creek and elsewhere in the City for property purchases. Negotiations are underway on specific properties. Update: May 1998 $50,000 has been allocated by the City and Tualatin to examine feasibility of constructing a pedestrian bridge across the Tualatin River, as well as purchasing two riverside tracts from the Tualatin Country Club and accepting a donation of a third property along the Tualatin River. The City continues to negotiate with property owners about purchase of land for greenways and open space. Update: Goals & Tasks - Page 20 Fb Cathy Schedule regular Board, Committee & Task Force Updates. Update: February 1998 CIT updates are scheduled for workshop meetings each month with a more comprehensive update scheduled for the workshop meetings during the months of September, May and August. The Planning Commission is scheduled to meet with the City Council on February 17. In addition a special joint meeting is scheduled with the Council and Commission on April 7 to review the draft Community Development Code. The Library Board is scheduled to meet with the City Council on March 17. The Finance Director is developing meeting dates for the Budget Committee, including an orientation meeting. Task Forces appointed by the City Council are scheduled when they are ready to report their findings and recommendations to the City Council. Other agencies are also scheduled during the year. The Council will be meeting with the Tualatin Valley Fire and Rescue Board on March 3. Staff is working with school officials to determine a date for a joint meeting with the School Board. Update: May 1998 All meetings noted above were scheduled and held. Staff will prepare a tentative meeting scheduled for next fiscal year. A report from the Affordable Housing Task Force is expected mid- to late- Summer. Update: Goals & Tasks - Page 21 {b Cathy ® Define philosophy and budget for community events. Update: February 1998 Council discussed this issue at their October 21, 1997 meeting. Consensus of the City Council at that meeting was to adopt the following general "philosophy" for City events: The City's intent, when it chooses to sponsor an event is to > Provide events for Tigard citizens to enjoy. > Showcase the City to residents and others. > Provide an opportunity for non-profit organizations to raise money through an event. In addition, organizations requesting funding from the City during the budget process will be submitting estimates of the cost of City services needed for their event in addition to the cash donation requested. City staff has worked with these groups to assist them with the estimates of the cost of the services (for example, traffic control or assistance from the Public Works Department. Update: May 1998 The first year of the new procedure for the budget process was just completed. Staff will review to determine if changes need to be made to the manner in which the requests for funding were scheduled and submitted for Budget Committee review. Update: Goals & Tasks - Page 22 rb Liz Develop duties and justification for volunteer coordinator position to serve all City departments. Update: February 1995 The job description for the volunteer coordinator was reviewed by Executive Staff prior to Council review. Council authorized funding for the position and the recruitment process is underway. Update: May 1995 Susan Koepping was hired as the Volunteer Coordinator and assumed her duties April 15. A work program is being developed and will include identification of volunteer opportunities, recruitment, outreach, coordination of training, and reporting the program's progress. Update: Goals & Tasks - Page 23 TO BE COMP ETER W-LI T ONE YEAR Fb Gus Develop and implement a mechanism to revise development fees annually to recover costs. Review engineering fees in 1998. Update: February 1998 Any changes in fees prior to June 30, 1998 will have to go before the voters. Therefore, consideration of any engineering fee increases will be delayed until after June 30, 1998. The determination of new engineering fees to charge is currently underway. The options for fee changes will be discussed with City Council in mid-June 1998. The fees decided upon will be presented to City Council for approval in late July. The new fees will be effective January 1999. May, 1998 This task is still progressing as scheduled. The proposed new engineering fees will be discussed with City Council in mid-June 1998. The fees decided upon will be presented to City Council for approval in late July. The new fees will be effective January, 1999. Update: Goals & Tasks - Page 24 [b Ron Police Funding - specialty programs: programs such as Youth Officer, GREAT, DAIS, Officer at the Square, etc. must be examined. Update: February 1998 A non-profit organization is being created. One of the purposes of this organization will be to look for funding and determine resources available through volunteer-citizen efforts. Update: May 1998 The Tigard Youth Association has been formed. We are waiting for the finalized non- profit paperwork to be returned to us from the State of Oregon. Board members have been selected and meetings will begin this month. Update: Coals & Tasks - Page 25 (b Jim Support heady passenger rail service planning through Tigard. Update: February 1998 The Mayor and staff continue to support evaluation of heavy passenger rail through Tigard. ODOT and Washington County are evaluating consultants to help with this effort. Update: May 1998 Community Development was involved with this project, and assistcd with the scope of work and consultant selection. Update: Goals & Tasks - Page 26 Pb Ron Participate in Youth Center Study (of private interest groups), consider the results, and determine City position on developing a youth center and youth programs. Update: February 1998 There has been no activity on this goal. Update: May 1998 No activity on this goal. Update: Goals & Tasks - Page 27 Ib Loreen Investigate options for a non-profit group to enhance plastics recycl;ng opportunities. Update: February 1998 Non profit groups are not able to provide enhanced plastics recycling opportunities for the community because there is no market for the material. Tigard has joined other communities in working with the Governor and Metro to develop more recycling markets for materials, including plastic. Update: May 1998 Status is the same as stated above. No change. Update: Goals & Tasks - Page 28 TO BE COMPLETED WITHIN TWO YEARS fb Jun Planning Studies Washington Square SehoUs Update: February 1998 A consulting team, consisting of John Spencer, Lloyd Lindley, Cogan Associates and Kittelson, have been hired to complete the Washington Square master planning effort. A work program is currently being negotiated with ODDOT. The Beaverton Murray/Scholls Town Center master planning effort was only recently started. Staff is participating on the technical advisory committee on the project. Update: May 1998 ODOT has approved the work program and a task force is being formed to begin the master planning process. Update: Goals & Tasks - Page 29 Ib Liz Improve Media Relations Update: February 1995 Since the last reporting period, new reporters have been assigned to Tigard at the Times and The Oregonian. Staff will continue to monitor media response to the City's press releases and invitations to cover events. In addition, meeting will be scheduled before the next report to Council with the editors of The Oregonian, Times and Regal Courier. Update: May 1995 The Assistant to the City Manager attended a half-day workshop on working with the press. Weekly contacts with staff from the Oregonian and Channel 2 News have been initiated and the Assistant to the City Manager will revise records documenting press contacts. Updat°: Goals & Tasks - Page 30 lb Jim Implement Tigard's approach to working/dealing with regional issue coordination. Update: February 1998 Council has authorized City participating in the McKeever/Morris Group's coordinating efforts (Growth Management Caucus) coordinating efforts to track Metro issues. Update: May 1998 Staff and Councilor Moore have attended caucus meetings and staff has met with McKeever/Morris to provide input on what services they can provide to the City. Update: Goals & Tasks - Page 31 Fb Liz / Loreen e Implement Vision Goals Update: February 1998 The "Tigard Beyond Tomorrow" report has been issued. Staff will incorporate the action plan activities into work programs and budgets as appropriate. Before the next Council update, staff will make presentations to community groups and schools on the report and describe how citizens can get involved. Update: May 1998 Refer to goal "Conduct Visioning Process" on Page 14. i:\adm\cathy\councillgoals98.doc Update: Goals & Tasks - Page 32 Item Plc. I For Council Naw0litter g MEMORANDUM CITY OF TIGARD CITY OF TIGARD Community Development Shaping A Better Community TO: Mayor Nicoli, Council Members FROM: Jim Hendryx, Director, Community Development DATE: May 19, 1998 SUBJECT: Tigard Area Chamber of Commerce Parking Request As the Council recalls, the Chamber submitted a letter (4/14/98) for Council's consideration regarding reciprocal parking. Several questions arose at the April 21, 1998, work session and Council continued the matter to its next study session. The purpose of this memo is to provide answers to those questions and provide Council with recommendations on how to proceed. The Chamber is proposing to construct a new building on the former Feed & Seed site. The building will be 1 1/2 stories and approximately 4,000 square feet in size. They are proposing to provide two off-street parking spaces. Wth exception of parking, their plan appears to meet all development standards. The Community Development Code requires offices to have one parking space per 350 square feet of size. The proposed Chamber building would require 12 off-street spaces. The parking lot that the City is currently designing accommodates 15 off-street spaces. The Chamber's request for reciprocal parking would involve 10 spaces on the City lot. They are providing two spaces on their site. Engineering anticipates constructing the parking lot in August and September. The Chamber has indicated that the building will be used for their related activities, such as meetings, and office space for 2 employees and volunteers, etc. At this point, it is unclear whether they will be renting out any office space. If so; parking needs could change to accommodate additional emplcyees and customers. I ypical!y, the Chamber has drop-in traffic by members of the pu:,iic; ::aeking information about the area. Board meetings will likely generate the rr3st traffic, except for spec,a, events that are held by the Chamber or other users of _uaimunity room". If office space is rented cut, those employees and clients will nee' parking spaces, too. The issue before Council is whether to approve the request. Should the Council decide to not allow the reciprocal use of its parking spaces, the Chamber would have to find an alternative solution. Does the Community Development Code allow reciprocal parking agreements? Yes, as outlined below. The Community Development Code (CDC - 18.106.020.F) provides that: 1) Owners of two or more uses, structures, or parcels may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlap; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases, or contracts to establish the joint use; and 3) If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Staff researched several files and could not find where we have allowed such an agreement. If necessary for a project, we would normally have the applicant draw up a binding agreement that could be recorded and which shouts that excess parking on one site is available and can be used for another. Would a reciprocal parking agreement work for this request? In reviewing the matter with our legal counsel, discussing with staff, and reviewing the CDC, I have concluded that a reciprocal parking agreement would not work for the Chamber. Reciprocal parking agreements are intended for two or more businesses whose hours of operation do not overlap. The City is constructing a 15 space parking lot immediately adjacent to the Chamber site. If the lot is open for short term parking, spaces would not be assured for the Chamber during either daytime or evening hours . Thus, the reciprocal parking agreement would not work. In order to meet the intent of the CDC, the lot (10 spaces) would have to be reserved for exclusive use by the Chamber during their hours of business. Does the CDC allow for reductions in required parking spaces if adjacent to transit? Yes, as outlined below. The Community Development Code (Section 18.106.040.4a) provides that: 4) Parking Reduction near Transit Facilities a. Incorporation of transit related facilities, such as bus stops and pull outs, bus shelters, park and ride stati- transit oriented development of other transit related facilities in'o the site development, shall be eligible for up to 20 percent reduction in number of required parking spaces based on the applicant's documentation of operational characteristics indicating the number of transit users or the number of non-auto users for a particular facility. Could the parking standards be reduced for the Chamber since they are located on or near transit facilities? My initial interpretation would by that it would be difficult for this particular type of use to meet this standard and therefore qualify for the reduction. However, they have not submitted any documentation to make such a request. Alternatives: 1) The City could lease/rent the Chamber 10 parking spaces in our new lot. Such an agreement would meet the requirements of the CDC. What they did with those spaces when they were not needed would be up to them. This would not preclude the Chamber from allowing the public or other businesses use during their "off hours". Some action would be needed to "reserve" the spaces by the Chamber, e.g., for board meetings, special events, etc. Should the Chamber decide to rent out office space within their building to other users, off- street parking would have to be accommodated. Any agreement with the Chamber should address this issue. 2) The Chamber could apply for a variance to the parking standards. However, I need to caution that the variance criteria is difficult to meet and they would have the burden of proof demonstrating compliance. 3) initiate an amendment to the CDC to eliminate or reduce the parking standard for uses similar to the Chamber of Commerce. This alternative would require three to four months to process and become effective. 4) Initiate an amendment to the CDC to eliminate or reduce the parking standard in the Downtown. This alternative would require four to six months to evaluate, process, and implement. Impacts and public involvement could have an effect on the processing time. Recommendation: I would recommend that the City consider leasing/renting the Chamber 10 parking spaces. Such an agreement would meet the requirements of the CDC and would be the best solution for the Chamber. Should the City decide to end the lease/rent agreement with the Chamber, alternative spaces would have to be found as per the CDC. 11C DADMW ERREEU l M\CHAM BE R. DOC W aw ` £?1 o Mill b Ag •d tf LL Rig 'p g fi. ° w Ok \ Agenda Item No.~ omma00A0mum CITY OF T1AO, OREGON TO: City Council FROM: Jim Hendrix, Community Development Director /,A DATE: May 20, 1998 City of Tigard Community Development ShapingA Better Community SUBJECT: Large and Unique Stands of Trees The Comprehensive Plan (Implementation Strategies 4, page II - 17) states that: "Where there exist large or unique stands of trees or major vegetation areas within the planning area on undeveloped land, the City shall ensure that development proposals do not substantially alter the character of the vegetation areas through the Planned Development Process and the "Tree Cutting" section of the Community Development Code." The City has tree removal standards that are found in the Community Development Code. These are attached. Basically the standards deal with the removal and replacement of trees. Retention is not required except in sensitive lands. No provision addresses retaining large or unique stands of trees or major vegetation areas other than through the tree removal standards. Developers are allowed to remove trees provided they are replaced as per a set formula or the replacement value is paid into a tree mitigation fund. Likewise, the code does not address individual large or unique trees. What are large and unique stands of trees or major vegetation areas? Should the City go about identifying such areas? Once such areas are identified, how small they be preserved and protected? What process should the city go through identifying these trees? This issue was discussed with the CITs in March. This was a follow up of a specific reauest made to the City Council by members of the East CIT. It specifically dealt with developing a definition for significant trees. I offered, with Council's approval to initiate a process to define and inventory large or unique stands of trees or major vegetation areas. Ultimately this could lead to some degree of protection for these resources.. Such art inventory would cost approximately $10,000 - $20,000. However, if the City funded the arborist position, this cost would be reduced or eliminated. Adoption of a protection ordinance would add to this significantly. The inventory was recommended by the Tree Task Force during adoption of our current standards. It was identified in 1996-97 budget, however, the funds were shifted to pay for the Triangle study and resulting Comprehensive Plan and Code update. As a result, the inventory was not completed nor standards developed. The CITs discussed this issue at several meetings over the last year. The issue originally arose with a development project on Greenburg Road (Downing). At the March CIT, meeting four citizens attended the break out session and supported proceeding with the process to defining, identifying, and protecting large or unique stands of trees or major vegetation areas. The issue before Council is whether we should proceed with defining, identifying, and protecting large or unique stands of trees or major vegetation areas within the city. If Council concurs with this proposal, the 1898-99 work program for Community Development would be revised to include this project. I would return in the fall with a detailed program for Council's consideration. COMMUNITY DEVELOPMENT CODE 18.150 TREE REMOVAL 18.150.010 Purpose. A. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers. B. The purposes of this chapter are to: . Encourage the preservation, planting and replacement of trees in the City; 2. Regulate the removal of trees on sensitive lands in the City to eliminate unneces.ary removal of trees; 3. Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; 5. Protect water quality; and 6. Provide incentives for tree retention and protection; 7. Regulate commercial forestry to control the removal of trees in an urban environment. C. The City recognizes th-t, notwithstanding these purposes, at the time of development it may be necessary to remove certain trecs in order to accommodate structures, streets, utilities, and other needed or required improvements within the development. (Ord. 89-06; Ord. 83-52) 18.150.020 Definitions. A. Except where the context clearly indicates otherwise, as used in this chapter: I . "Canopy cover" shall mean the area above ground which is covered by the trunk and branches of the tree. 2. "Commercial forestry" shall mean the removal of ten or more trees per acre per calendar year for sale. 3. "Hazardous tree" shall mean a tree which by reason of disease, infestation, age, or other condition presents a known and immediate hazard to persons or to public or private property. 4. "Pruning" shall mean the cutting or trimming of a tree in a manner which is consistent with recognized tree maintenance practices. 5. "Removal" shall mean the cutting or removing of 50 percent (50%) or more of a crown, trunk or root system of a tree, or any action which results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. "Removal" shall not include pruning. 6. "Tree" shall mean a standing woody plant, or group of such, having a trunk which is six inches or more in caliper size when measured four feet from ground level. 7. "Sensitive lands" shall mean those lands described at Chapter 18.84 of the Code. B. Except where the context clearly indicates otherwise, words in the present tense shall include the future and words in the singular shall include the plural. 18.150.025 Tree Plan Requirement. A. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. B. The tree plan shall include the following: Identification of the location, size and species of all existing trees including trees designated as significant by the city; Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according' o the following standards: z. Retainage of less thap. 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees. b. Retainage of from 25 to 50 percent of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.150.070.D. C. Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section 18.150.070D. d. Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation. Identification of all trees which are proposed to be removed; A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. C. Trees removed within the period of one year prior to a development app!ication listed above will inventoried as part of the tree plan above and will be replaced according to Section 18.150.070 D. 18.150.030 Permit Requirement. A. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.84. B. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.102 of the Code; 2. Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as property tax deferred tree farm or small woodlands, but does not stand on sensitive lands; C. Commercial Forestry as defined by 18.150.020.A.2. and excluding B.4 above is not permitted. 18.150.040 Permit Criteria. A. The following approval standards shall be used by the Director or designee for the issuance of a tree removal permit on sensitive lands: Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters, or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion. b. Evidence of concentrated flows of water over bare soils; turbid or sediment laden flows; or evidence of on site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. B. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75 percent canopy cover or no less than the existing canopy cover if the existing canony cover is less than 75 percent. 18.150.045 Incentives for Tree Retention. A. In order to assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.150.025: 1. Density Bonus. For each two percent (2%) of canopy cover provided by existing trees over twelve inches in caliper that are preserved and incorporated into a development plan, a one percent (10/6) bonus may be applied to density computations of Chapter 18.92. No more than a twenty percent (20%) bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone. 2. Lot Size Averaging. In order to retain existing trees over twelve inches in caliper in the development plan for any land division under Chapter 18.160, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than eighty percent (80%) of the minimum lot size allowed in the zone. 3. Lot Width and Depth. In order to retain existing trees over twelve inches in caliper in the development plan for any land division under Chapter 18.160, lot width and lot depth may be reduced up to twenty percent (20%) of that required by the underlying zone. 4. Commercial/Industrial/Civic Use Parking. For each two percent (2%) of canopy cover provided by existing trees over twelve inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.106.030, Minimum Off-Street Parking Requirements, a one percent (10/6) reduction in the amount of required parking may be granted. No more than a twenty percent (20%) reduction in the required amount of parking may be granted for any one development. 5. Commercial/Industrial/Civic Use Landscaping. For each two percent (2%) of canopy cover provided by existing trees over twelve inches in caliper that are preserved and incorporated into a development plan; a one percent (1%; reduction in the required amount of landscaping may be granted. No more than twenty percent (20%) of the required amount of landscaping may be reduced for any one development. 6. Setback Adjustment. The Director may grant a modification from applicable setback requirements of this Code for the purpose of preserving a tree or trees on the site of proposed development. Such modification may reduce the required setback by up to 50%, but shall not be more than is necessary for the preservation of trees on the site. The setback modification described in this section shall supersede any special setback requirements or exceptions set out elsewhere in this Code, including but not limited to Chapters 18.96, 18.146, and 18.148, except Section 18.96.020. B. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.B., and shall not be subject to removal under any other s'5ction of this Chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. C. A modification to ?development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. D. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. 18.150.050 Expiration of Approval - Extension of Time. A. A tree removal permit shall be effective for one and one-half years from the date of approval. B. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. 18.150.060 Application Submission Requirement A. Application for a tree removal permit shall be on a form provided by the Director. Completed applications shall consist of this form, two copies of the supplemental data and narrative set out in Subsection B or this section, and the required fee. Applications shall not be accepted unless they are complete as defined herein. B. The supplemental data and narrative shall include: 1. The specific location of the property by address, assessor's map number, and tax lot; 2. The number, size, type and location of the tree(s) to be cut; 3. The time and method of cutting or removing the tree(s); 4. Information concerning any proposed landscaping or planting of new trees; and 5. A narrative as to how the applicable criteria of this chapter, fur example, Section 18.150.040.A, are satisfied. C. In accordance with Section 18.32.080, the Director may waive any of the requirements in Subsection B above or request additional information. 18.150.070 Illegal Tree Removal-Violation-Replacement of Trees. A. The following constitute a violation of this chapter: 1. Removal of a tree: a. without a valid tree removal permit; or b. in noncompliance with any condition of approval of a tree removal permit; or C. in noncompliance with any condition of any City permit or development approval; or a. in noncompliance with any other section of the Code. 2. Breach of a condition of any City permit or development approval, which results in damage to a tree or its root system. B. If the Director has reason to believe that a violation of this chapter has occurred, then he or she may do any or all of the following: 1. Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester, showing that removal of the tree was permitted by this chapter. 2. Pursuant to Section 18.32.390, initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard. 3. Issue a stop order pursuant to Section 18.24.070 of the Code. 4. Issue a citation pursuant to Chapter 1.16 of the Code. 5. Take any other action allowed by law. C. NoMith standing any other provision of this Code, any party found to be in violation of this chapter pursuant to Section 1.16 of the Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any dawage caused by the violation. Such remediation shall include, but not be limited to, the following: 1. Replacement of unlawfully removed or damaged trees in accordance with Subsection D of this section; and 2. Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. D. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar species considering site characteristics. 2. If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. 3. If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one or more replacement trees to be planted on other property within the City, either public property or, with the consent of the owner, private property. 4. The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. E. In lieu of tree replacement under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. The remedies set out in this section shall not be exclusive. (Ord. 95-19; Ord. 89-06; Ord. 83-52) NCDADMUERREEUIMICCTREE. DOC