City Council Minutes - 07/24/2012 Agenda Item No.
Meeting of
City of Tigard
Tigard City Council Meeting Minutes
July 24, 2012
• STUDY SESSION
Mayor Dirksen called the meeting to order at 6:30 p.m.
Name Present Absent
Mayor Dirksen ✓
Council President Buchner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
ADMINISTRATIVE ITEMS
➢ Distributed July 24,2012,memorandum from Assistant Finance and Information
Services Director Debbie Smith-Wagar,advising of an update to Resolution No. 12-23,
adopting the 2013 City of Tigard Budget. The update includes the changes to the
Schedule of Appropriations as a result of Technical Adjustments 1-4,which were
reviewed with the council and accepted by the council during the budget
hearing. Section 2 of the updated resolution notes the appropriations include the
adjustments made during the hearing. The proposed update to the resolution was
acceptable to council members present.
• For tonight's business meeting:
➢ Consent Agenda Item No. 3.A.2. -June 12,2012 meeting minutes. After review
of the audio recording for the meeting,Councilor Wilson's motion to approve
Resolution No. 18-23 included the words,"with technical adjustments as
presented." Resolution No. 12-23 adopted the City of Tigard Budget for Fiscal
Year 2013. City Recorder Wheatley requested the amendment to the minutes,
Page 18,to add the phrase,with technical adjustments as presented," at the end
of the motion adopting Resolution No. 12-23.
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➢ Agenda Item No. 5 -Public Hearings -Urban Forestry Code Revisions-Land
Use and Non Land Use Elements
■ An updated schedule for the Urban Forestry Code Revisions was
distributed and reviewed with the City Council.
■ PowerPoint slides to be presented during the staff report were
distributed to the City Council.
■ Written testimony received July 24,2012, from John Frewing was
distributed to the City Council.
➢ Council Calendar:
■ August 7 -CCDA Meeting Canceled-National Night Out
■ August 14-Business Meeting-6:30 p.m. Study Session/7:30 p.m.
Business Meeting
■ August 21 -Workshop Meeting- 6:30 p.m.
■ August 28 -Business Meeting- 6:30 p.m. Study Session/7:30 p.m.
Business Meeting
➢ Councilor Henderson suggested,and Mayor Dirksen agreed,that attention will
be called to Consent Agenda Item C whereby the council is anticipated to
approve a resolution to extend worker's compensation insurance to City of
Tigard volunteers.
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:48
p.m. to discuss real estate transaction negotiations and to consult with legal counsel
regarding pending litigation under ORS 192.660(2) (e) and (h).
1. BUSINESS MEETING -JULY 24,2012
8
A. Mayor Dirksen called the meeting to order at 7:37 p.m.
B. Roll Call:
Name Present Absent
Mayor Dirksen ✓
Council President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
C. Pledge of Allegiance
D. Council Communications&Liaison Reports
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E. Call to Council and Staff for Non-Agenda Items: N None
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication
City Manager Wine advised that Mr.John Frewing came before the City Council last
week and offered testimony as it relates to the urban forestry code revisions,which is
before the council later tonight. The comments from Mr. Frewing were entered into the
record and are still under legal review by staff.
B. Citizen Communication—Sign Up Sheet—None.
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)
A. Approve City Council Meeting Minutes for:
1. May 15,2012
2. June 12,2012
B. Reappoint Linda Monahan to a four-year term on the Tigard Library Board effective July
1,2012 through June 30,2016
RESOLUTION NO. 12-28 --A RESOLUTION RE-APPOINTING LINDA
MONAHAN TO THE TIGARD LIBRARY BOARD FOR A FOUR-YEAR TERM
EFFECTIVE JULY 1,2012 THROUGH JUNE 30,2016.
C. Approve Workers'Compensation Insurance for City Volunteers
RESOLUTION NO. 12-29 --A RESOLUTION EXTENDING CITY OF TIGARD'S
WORKERS'COMPENSATION COVERAGE TO VOLUNTEERS OF THE CITY.
D. 2nd Quarter Council Goal Update
E. Local Contract Review Board:
1. Authorize the Mayor to Execute an Amendment to an Intergovernmental Agreement
with the Oregon Department of Transportation
Councilor Henderson commented on Item C. He said this insurance is needed to provide
coverage for volunteers.
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City Recorder Wheatley requested the City Council approve an amendment to the June 12,2012,
minutes on Page 18 to add the phrase,"with technical adjustments as presented" at the end of
the motion adopting Resolution No. 12-23.
Motion by Council President Buehner, seconded by Councilor Henderson,to approve the
Consent Agenda with the amendment to the June 12,2012,minutes as noted.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Absent
Councilor Woodard Yes
4. AUTHORIZE AN AGREEMENT WITH METRO AND THE PURCHASE OF THE
FIELDS PROPERTY
Parks Facilities Manager Martin asked the City Council to authorize the City Manager to enter
into an assignment agreement with Metro on the purchase of the Fields'property. Metro has a
Purchase and Sale Agreement that is contingent upon Tigard entering into the agreement for the
purchase of the property. This property was on the parks acquisition list and was rated fairly
high by the Park and Recreation Advisory Board. The property consists of 25.69 acres and there
is a portion at the southwest corner where Fanno Creek flows through the property. Property
owned by Metro to the south of this property consists of 12 acres and it will remain a natural
area.
Motion by Councilor Henderson, seconded by Councilor Woodard,to adopt Resolution No. 12-
30.
Council discussion: Council President Buehner said she has no problem with the concept of
buying this piece of property;however, she has concerns about process issues that she feels were
left out. As a result, she advised she would abstain from voting on this resolution.
Mayor Dirksen said this property purchase has moved forward quickly. The city has looked at
this property for a long time,but considered it to be unattainable. The property status suddenly
changed and the city was in a position to acquire the land. He said he considers having the
opportunity to bring this property into public ownership and to the city's inventory is "truly a
dream come true." This piece of property will be a centerpiece for the City of Tigard's park
system providing access and connections to the Fanno Creek Trail. He noted the property
contains a riparian corridor,densely forested areas and open uplands.
Councilor Woodard said he thinks there is a lot of potential for this property,which offers a
great deal of useable land. It will serve Tigard residents well.
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Councilor Henderson referred to the piece of property to the south owned by Metro. These
two properties can be utilized together. As future trails are built,this will be a great union
between the city and Metro.
Mayor Dirksen advised the cost of the property is $5 million for which the city is committing$2
million--$1 million of the city's share will come from systems development charges and$1
million will come from the parks bond measure proceeds adopted by Tigard voters a couple of
years ago. The city is grateful for the partnership with Metro in the purchase of this property.
Councilor Henderson advised that PRAB rated this parcel very high on their list based on public
input,but it was unattainable because funds remaining from the park bond were dwindling. He
expressed gratitude to the PRAB members for their hard work in compiling a comprehensive list
of potential park lands.
City Recorder Wheatley read the number and title of the resolution:
RESOLUTION NO. 12-30--A RESOLUTION AUTHORIZING AN ASSIGNMENT
AGREEMENT WITH METRO AND THE PURCHASE OF THE FIELDS PROPERTY
(TAX LOT 2S1010001200)AND AUTHORIZING THE CITY MANAGER TO TAKE ALL
NECESSARY ACTION TO COMPLETE THE PROPERTY PURCHASE ON BEHALF OF
THE CITY.
The motion was approved by a majority vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Abstained
Councilor Henderson Yes
Councilor Wilson Absent
Councilor Woodard Yes
5. PUBLIC HEARINGS-URBAN FORESTRY CODE REVISIONS LAND USE AND NON
LAND USE ELEMENTS
Mayor Dirksen read the title and description for the proposal under consideration.
-URBAN FORESTRY CODE REVISION PROJECT -
COMPREHENSIVE PLAN AMENDMENT (CPA) 2011-00004
DEVELOPMENT CODE AMENDMENT (DCA) 2011-00002
REQUEST:To implement the city's Comprehensive Plan as recommended by the Urban
Forestry Master Plan,the City of Tigard is proposing a Comprehensive Plan Amendment
adopting the"Significant Tree Groves"Map and Tigard Development Code (Title 18)
Amendments to Chapters 18.115, 18.120, 18.310, 18.330, 18.350, 18.360, 18.370 18.390, 18.530,
18-610, 18.620, 18.630 18.640, 18.715,18.745, 18.775, 18.790,and 18.798.
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• (Non Land Use Elements) In addition,in support of the Title 18 amendments,amendments are
proposed to the Tigard Municipal Code (TMC) Chapters 1.16,6.01,6.02,7.40, 8.02 through
8.16,9.06,and 9.08.
LOCATION: Citywide. ZONE: Citywide.APPLICABLE REVIEW CRITERIA: City of
Tigard Community Development Code Chapters 18.380 and 18.390;Comprehensive Plan Goals
1,Citizen Involvement;2,Land Use Planning; 5,Natural Resources; 6,Environmental Quality;
7,Hazards;8,Parks Recreation,Trails and Open Space; 9,Economic Development; 10,
Housing; 11,Public Facilities and Services; 12,Transportation; 13,Energy Conservation;and 14,
Urbanization;METRO's Urban Growth Management Functional Plan Titles 1,3, 12 and 13.
Statewide Planning Goals 1,2,and 5 through 14.
A. URBAN FORESTRY CODE REVISIONS -LAND USE ELEMENTS
B. URBAN FORESTRY CODE REVISIONS -NON LAND USE ELEMENTS
10 Mayor Dirksen opened the public hearing for the urban forestry code revisions for the
land use and non land use elements. The revisions under consideration tonight and scheduled
for several additional meetings represent a comprehensive package. The legal process for the
land use and non land use elements is different,but for the purposes of council discussion and
public testimony,both elements will be processed together.
IMCity Attorney Hall said any person may offer relevant oral and/or written testimony. Oral
testimony may be offered only by a person who has been asked to speak by the mayor.
Members of the City Council will be asked whether they have any potential conflicts. A council
member with a potential conflict of interest may participate after fully describing the potential
conflict. An actual conflict exists if the decision would result in financial benefit to the council
member or a family member. In cases of actual conflict,the council member will not
participate.
After the discussion of conflicts,any person may challenge participation of a council member
based on an actual conflict or failure to disclose a potential conflict. The council member in
question may respond to such a challenge.
After the discussion of conflicts and any challenges,city staff will summarize the written staff
report and identify applicable standards. Then,those in favor of the proposed amendments
will testify followed by those who oppose the amendments or have questions or concerns.
Council members may ask the staff and witnesses questions throughout the hearing until the
record closes.
After all testimony is taken,the city staff can make a closing statement.
After the record is closed,the City Council will deliberate. During deliberations,the council
may reopen the public portion of the hearing,if necessary,to receive additional evidence before
making a decision. A copy of the rules of procedure for the hearing and copies of the agendas
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for today's hearing are available at the entrance. The staff report of this hearing has been
available for viewing and downloading on the city's website and a paper copy of the staff report
has been available at city hall.
A person must testify orally or in writing before the close of the public hearing to preserve the
right to appeal the council's land use decisions to the Land Use Board of Appeals. Failure to
raise an issue clearly enough so that council understands and can address the issue may preclude
raising the issue on appeal.
Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with a
statement of an earlier witness,please just state that and add any additional points of your own.
Demonstrations from the audience that prolong or interfere with the hearing are prohibited.
Please refrain from them. Comments from the audience,other than from a recognized speaker,
should not be offered and will not be part of the record.
When you are called to testify,please come forward to the table. Please begin your testimony
by giving your name,spell your name, spell your last name,and give your full mailing address,
including zip code. If you represent someone else,please say so. If you have any exhibits you
want the council to consider, such as a copy of your testimony,photographs,petitions or other
documents or physical evidence,at the close of your comments you must hand all new exhibits
to the City Recorder. These exhibits will be marked as part of the record. The city staff will
keep exhibits until appeal opportunities expire and then you can ask for the return of your
exhibits.
When giving oral testimony,please feel free to address any issues that you see or would like to
give comments for both the land use and non land use elements of the urban forestry code.
9 Mayor Dirksen asked if there were any councilors who wished to declare a real or
potential conflict of interest. Councilor Henderson said he owns a business and house that has
trees on the property. He holds a builder's license,but he is not a developer. Councilor
Henderson said he has spoken to some people in the community about how many trees they
would like to have. Councilor Henderson said he did not believe he had any conflicts of
interest.
HCouncil President Buehner advised she is a real estate and land use lawyer who represents
some developers. She has had no contacts regarding this matter.
HMayor Dirksen commented that all City Council members live in the city and likely all
have trees on their property and will be impacted by the decisions made on this matter. The
council members would be impacted no more or less than anyone in the community; therefore,
there is no conflict of interest.
10 Mayor Dirksen asked if there was anyone present who would like to challenge a member
of the council as to having a real or potential conflict of interest regarding this issue. There
were none.
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Ind Mayor Dirksen reviewed the timeline planned to proceed through this legislative process.
• The council will receive the staff report tonight on the entire package. The council will
take public testimony tonight. Council will voice initial comments or ask for
clarification of issues that have arisen during the council members' study of the
documents or as a result of the testimony heard tonight.
• The public testimony will be closed tonight;however,the public hearing will not be
closed. The hearing will be continued to August 14,2012,at which time the City
Council will hold a workshop to provide an opportunity for the council to meet with
staff and with the Planning Commission members who have already heard testimony
from the public.At this workshop meeting,attendees will discuss what they have heard
and what changes might be needed. Public testimony will not be taken at the August
14 meeting;however, the public is welcome to attend to hear the discussion.
• Another workshop is scheduled for September 11,2012, for the purpose of receiving a
staff report on issues of interest that came up during the August 14 meeting as well as
council direction to staff on potential changes.
• On October 23,2012,the public hearing will continue and there will be another
opportunity for public testimony after everyone has had a chance to digest all the
discussion and information.
• A meeting is tentatively scheduled for November 27,2012,to hold the final public
hearing,close the public hearing and determine if City Council is ready to consider the
package for a vote.
Mayor Dirksen announced that copies of the above timeline are available at the entrance
to the Town Hall should anyone want to take one to keep track of the process.
HAssociate Planner/Arborist Prager presented the staff report using PowerPoint slides
during his presentation. A copy of the slide presentation is on file with the meeting packet.
Key points follow:
• There has been community interest in revising the city's urban forestry code. The
council chose to direct a study of community values and the existing urban forest
conditions to set a framework for addressing the code.
• The initial process began during the Comprehensive Plan update,which established
broad,20-year goals and policies in the new urban forest section of the Comprehensive
Plan.
• The Comprehensive Plan gave direction to develop an Urban Forestry Master Plan,
which expanded upon those goals and policies and studied the issues in greater detail.
• IR The long-term goal in the Urban Forestry Master Plan is to increase citywide tree
canopy from the current 25 percent to an aspirational goal of 40 percent.
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• The short-term action items include:
o Revise the city's urban forestry codes and funding streams in support of the
long-term goal.
• It is time to consider revisions to both the land use and the non land use elements of
the code and create an urban forestry manual to implement the details of the code.
Also,the Master Fees and Charges Schedule will need to be updated to cover costs
associated with administering the code.
• Reviewed the five main categories of the project:
o Urban Forestry Standards for Development and Tree Grove Preservation
Incentives (land use elements)
o Tree Permit Requirements
o Hazard Trees
o Urban Forestry Manual (non land use elements)
o Administrative rules (Urban Forestry Manual) that will implement the code
details for land use and non land use code requirements
• The Urban Forestry Standards would apply to major development projects, such as
subdivisions,planned developments and site development reviews. The main issue
identified with the existing code is the fact that property owners with existing trees are
subject to much greater requirements (such as mitigation fees) than property owners
without trees. There was much discussion about how to address this equity issue. The
Development Code revisions are focused towards addressing the equity issue with
more even-handed standards that apply to all development equally and result in a
reasonable amount of tree canopy after development is complete.
• IR Reviewed the tiers of canopy requirements. An incentive was built in for
preserving existing trees, since they would be granted 200 percent bonus canopy credit
based on their existing canopy size.
• ® There is also a built-in incentive for planting native trees,by allowing 125 percent
bonus canopy credit based on their mature canopy growth.
• ® There is an incentive for maximizing street-tree planting. Street trees are granted
full canopy credit,even though half of their canopies hang over streets,which are
excluded from the percentage of canopy calculations.
• Reviewed the component of refining the planting requirements for street trees and
parking lot trees to assure adequate soil volumes. This is critical for these trees to
achieve their full,mature canopy size.
• Reviewed the creation of a discretionary review track. An applicant could propose
alternative green building or development techniques, such as installing solar panels or
meeting green street standards instead of planting or preserving trees.
• When all various credits and standards for calculating the canopy requirements are
taken into account,the results from planting and preservation would fall with the
ranges described for the tiers reviewed. The tiers have been peer reviewed using actual
site plans by outside experts. The Planning Commission found they strike the balance
between trees,development and open space. 10 Examples of the peer review were
summarized and presentation slides were used to illustrate these examples.
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• 19 Tree grove preservation incentives are for major development projects;i.e.,
subdivisions. Seventy large groves of primarily native trees covering 527 acres of land
area were identified. Of the 527 acres,there are 131 acres on what is considered
buildable lands. The groves on buildable lands are the most vulnerable to development
and are the focus of the preservation incentives. (One of these groves was purchased
bthe City Council earlier in tonight's meeting.)
• The primary preservation incentives include allowing a waiver of minimum
density requirements to preserve these groves.
• There is an incentive that would allow density transfer from the tree grove to the non
tree grove portion of a site to cluster development away from the tree grove. Elements
were reviewed.
• 10 For commercial and industrial development, the primary preservation incentive
would be an allowed increase in building height in order to preserve tree groves.
• 10 All preservation incentives would be contingent on permanent preservation of the
grove through methods such as creating a tree preservation tract for grove placement.
Examples were reviewed.
• Reviewed the non land use elements beginning with the tree permit requirements. The
primary purpose of the code is not to regulate any additional tree situations or required
tree permits. The purpose is to increase the clarity,consistency and scientific basis for
making decisions when issuing tree permits.
• Tree permits would apply to the already regulated tree types of street median
trees,native trees in sensitive lands, trees required by a prior development permit, trees
planted using the urban forestry funds and heritage trees.
• H Tree requirements are scattered throughout the code. The recommendation is to
consolidate requirements into a new Title 8.
• 9 Decisions regarding tree permits would fall into two major categories.
o City Manager decisions would be implemented administratively by staff without
public review and would cover simple situations such as when trees are in poor
or hazardous conditions,a nuisance or"weed" type trees,causing damage to
structures/infrastructures or in the way of allowed development.
o City board or committee decisions would be implemented through a public
review process for the more complex and nuanced situations where the reasons
for tree removal are less clear. This board/committee would be authorized to
use their discretion to weigh the benefits of the tree and reasons for removal
when issuing their decision.
• Reviewed the"hazard trees" category. Issues identified in the existing code
include an unclear definition of what a hazard tree is and a lack of clarity about the
cups role in hazard tree situations between two private property owners.
IR• The definition of hazard trees has been revised to be consistent with the
standardized point rating system developed by the International Society of
Arboriculture.
• ® When there are disputes between private property owners regarding hazard trees,
clear evidence must be presented that efforts were made to resolve the issues before
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involving the city. If the city becomes involved,a third-party arborist would be hired
to conduct an independent evaluation to lend an objective voice to the situation and
limit the city's legal exposure. If the third-party arborist determines there is a hazard,
abatement of the hazard would be ordered to be completed within a specific
timeframe.
• Associate Planner/Arborist Prager confirmed for Mayor Dirksen that tree permits
would not apply to trees in existing,established neighborhoods on private property. If
you are not required to get a permit for your trees currently,then you would not be
required to obtain a permit under the proposed code amendments.
• Council President Buehner asked who would make the decision whether a property
owner can remove a tree on their property on a newer subdivision. She said as she
reads the proposed regulations,the rule would deny property owners' requests to cut
down trees on their own property without replacing them for the first two years of
occupancy. Associate Planner/Arborist Prager said in this case,there is flexibility
written into the proposed regulations. Currently, there is no flexibility to make those
modifications formally in the code. IR The prior land use approval would have to be
reevaluated and amended. The proposal is for the city to allow those types of changes
to occur through an administrative process or a Type I permit process,which would be
a staff-level decision. Council President Buehner suggested the proposed regulation
would take the right of a private property owner to do what they want on their own
property with regard to the number of trees on their property. Associate
Planner/Arborist Prager said this would be addressed through the tree permit
requirement—the current code would require that property owner to amend the land
use decision for the overall subdivision,an expensive and time-consuming process. He
clarified that the existing code is more onerous.
Mayor Dirksen summarized that the first two years after the development is built, the
property is considered to be development property even though the new homeowner
has moved in. During that period the developer is still responsible for the survival of
the trees (existing and newly planted trees).
Associate Planner/Arborist Prager said after this two-year period,if the property
owner wants to remove a tree(s),the proposal would not require an amendment to the
land use approval but to go through a separate permit approval process,not part of the
land use process. This permit approval would be administered either by city staff or by
a designated board/committee. The proposal is less onerous than the process
stipulated in current code language. Council President Buehner commented that the
current code language is not being enforced.
Assistant Community Development Director Hartnett clarified that currently,if a
property owner wants to remove a tree that was included in an approved subdivision,
that property owner is told he/she has two choices.
1. Amend the subdivision (a significant land use decision).
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2. Go through the"illegal tree removal process." (Property owner cuts the tree
down and the city fines the property owner.)
Assistant Community Development Director Hartnett says the above two options are
not good. With the proposed regulations staff has tried to:
o Place a clear time limit on how long the development aspects of a new tree
exists—this is unclear at this time.
o Provide regulations so someone now has the option to remove or
replace/relocate the tree through a process before a city board/committee.
Mayor Dirksen commented on the hearing procedure tonight and clarified:
9 Requesting clarification on the intent of the proposed code is appropriate.
Discussion and proposals for adjustments to what is in the draft documents,would be
more appropriate at a later meeting.
Associate Planner/Arborist Prager continued with his staff presentation:
• Reviewed the Urban Forestry Manual,which consists of the administrative rules that
implement the details of the code. The council is requested to enable administrative
rulemaking for the Manual through the adoption of Chapter 8.02 of the Tigard
Municipal Code. Once enabled by the council,the city manager would be authorized
to adopt and amend the Urban Forestry Manual according to the public process
described in Chapter 2.04 of the Tigard Municipal Code.
• Summarized the draft code before the council tonight:
o For development,the code is focused on quality rather than quantity of trees.
In testing,staff found there would often be less trees but more strategic
locations when compared with the existing code.
o For the tree grove preservation incentives,the code is focused on incentives
and flexible standards rather than the punitive standards (for tree removal) in
the existing code.
o For the tree permits, the code is focused on being more user friendly by
consolidating and not regulating additional tree situations beyond what is
currently regulated.
o For hazard trees,the focus is to resolve these situations in an objective and
efficient manner.
o The Urban Forestry Manual is intended to implement the details of the code
sections.
• On May 7,2012, the Planning Commission made a unanimous recommendation for
council approval of the land use elements of the proposal. They also advised council
that the non land use elements are consistent with and supportive of the land use
elements.
• During the Planning Commission process, the commissioners made several key
changes to the proposal,including:
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o Granting 125 percent canopy credit to encourage the planting of native trees.
This credit also had the effect of lowering the canopy requirements by 20
percent for projects that use native trees.
o Reducing the canopy requirements for higher density residential development
and allow canopy to be measured for the overall development site rather than
individual lots for higher density residential and non-residential development.
The purpose for both of those changes was to strike a balance between trees,
development and open space.
o Allowing either landscape architects or arborists to develop urban forestry
plans for development. The purpose of this change was to reduce
development costs by eliminating the need for hiring two urban forestry
professionals for one project.
• In the Planning Commission's transmittal memorandum to the council,the
amount of time and effort spent to consider public testimony and improvements to the
proposal were highlighted.
• A The plan tonight is to receive public testimony,provide some initial feedback to
staff and continue the hearing to August 14,2012.
• 8 On August 14,the council will have an extensive discussion with the Planning
Commission about the testimony council receives tonight about the overall project.
• El At the close of the August 14 meeting,the council will have an opportunity to
identify issues of interest and direct staff to bring back more information or possible
code changes.
• IM The entire project record is available electronically in the meeting room should
the council need additional information from this record.
J Council Questions:
• Associate Planner/Arborist Prager,in response to a question from Councilor
Woodard, advised the tree fund provides the ability for the city to plant about 200-250
trees per year. The number of trees planted through efforts of volunteers in riparian
corridors is about 15-16,000 trees per year. Associate Planner/Arborist Prager clarified
that the amended code requirements would only apply to trees planted/funded by the
urban forestry fund. Councilor Woodard noted concerns about the cost and
sustainability of the tree fund. In Volume 1,Page 33,Councilor Woodard read,
"While the committee was initially split on the issue,they did reach consensus that
the city should continue to restrict the use of the current tree mitigation funds to
planting and three years of early establishment. The rationale was the
development community paid fees with the expectation that the funds would be
used for planting trees,and that using those for expanded purposes would be
inconsistent with that real or perceived commitment. However,the committee
did agree that the revised code should allow for future funds collected to be used
for a broader range of urban forestry activities."
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If the allowed use of the funds expands beyond a certain point,he is concerned about
where the funding will coming from. Councilor Woodard advised he does not know
the costs associated with the proposed expansion in scope into the future.
Mayor Dirksen said he recalled earlier discussions. There is no land left to do
mitigation plantings. The proposal to expand represents a way to utilize this fund.
Councilor Woodard said he had no problem with redefining the usage of the funds,
but said his concerns relate to the increasing number of trees that would require
attention. As this matter develops and information is prepared, Councilor Woodard
said he would like to see some numbers associated with this part of the proposal.
City Manager Wine referred to a future opportunity to bring to the council the Capital
Improvement Program profile,which includes the tree canopy replacement program
and the efforts in place to aid healthy streams—these are different efforts from what is
before the council this evening and are funded separately.
• Associate Planner/Arborist Prager confirmed for Councilor Henderson that testimony is
available in the hearing room through computer access. These electronic files are not
available online but are available through a records request. Councilor Henderson said
he would like the record from tonight's hearing to be available for Councilor Wilson's
review. Assistant Community Development Director Hartnett commented that the
council sessions are available through TVCTV access online and she understands
Councilor Wilson plans to review the proceedings accessing the TVCTV website. The
key documents that make up the project record are available on the city's website. The
entire record,which includes all documents on this project,has not been posted online;
however,it is available should someone make a records request.
• Council President Buchner referred to the TVCTV scheduling for the City of Tigard on
cable access.
• Councilor Woodard noted his concern with the proposed language in the ordinance
(land use document):
"....Statewide Planning Goal 5...limit or prohibit uses that conflict with the
inventoried natural resources..."
He said he could not see any deliberation that uses the above terminology. Mayor
Dirksen suggested this could be an item for legal staff review to determine compatibility
between this document and the Goal 5 record.
® Public Testimony:
Proponents:
• Justin Wood,Home Builders Association of Metropolitan Portland, 15555 SW Bangy
Road,Lake Oswego 97035. In addition to being a Government Affairs Director of the
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Homebuilders,Mr.Wood is a builder and is currently building two houses in Tigard.
Mr.Wood's remarks included:
o Thanked staff for hard work with all the stakeholders to reach a fair and
equitable outcome. He had expressed concerns and several of those were
addressed.
o In general he supports the Urban Forestry Code as it is a significant
improvement over the current practice. The code does a good job of
encouraging preservation through incentives as opposed to penalties. It also
removes the responsibility of the city trying to plant trees with mitigation funds.
o The plan does add some cost to development. In many cases the costs are less
than the cost of developing the treed lots with mitigation fees. However,when
a lot is free of trees,there are significant costs because there are no mitigation
costs to work around.
o While he supports the overall project,resolving a couple of issues would create
a better,more workable plan:
■ 40 percent coverage goals—he believes this to be a little high. He
worked with Portland when they revised their tree plan and the goal
they settled on was 33 percent. 40 percent creates a fairly heavily treed
lot when the canopy is mature. He agreed with Council President
Buehner that it is difficult to plant rose bushes or do other things once
you have a 40 percent (fully matured) canopy. He suggested starting at a
smaller canopy percentage such as 25 percent as a test for five years to
see how this works.
■ Arborist plan requirements on all lots—he referred to Associate
Planner/Arborist Prager's comment that the 40 percent canopy
coverage can be achieved on a small lot (5,000 sq. ft.) by planting a
street tree. If that is the case,he suggested that planting a street tree be
made a condition of the building permit. The tree type could be from a
pre-approved list of street trees so one would not need to go to the
expense of hiring an arborist.
■ Agreed with Council President Buehner that homeowners might remove
trees after they take possession of the house. He referred to the
proposed requirement that the developer would be held responsible if
there is no tree.
■ Referred to the requirement for arborist visits during construction every
two weeks. He thinks the same goal would be served if the arborist
visits the construction at the beginning and the end of the project.
■ Referred to tree grove preservation requirements and whether reduction
in densities were going to be allowed. This should be factored into the
housing forecasts and the anticipated growth.
• Ken Gertz, 19200 SW 46`"Avenue,Tualatin,OR 97062. Mr. Gertz is a homebuilder
and developer. He served on the Citizen Advisory Committee that worked on the
proposed tree code. He said he is a proponent of the proposal as it is a great
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improvement. The new code would allow for modifications to be made to a plan
without going to an appeal process.
Mr. Gertz referred to a proposal that the Forestry Manual be added as an approval
criteria and he said this was a bad idea. He suggested additional documents would
provide a source for people to find loopholes. Mr. Gertz participated in a recent open
house where about 500 people were polled for input on what they thought was a
reasonable canopy requirement. Not one person thought 40 percent was reasonable.
Results of the poll were from"nothing"up to 30 percent. A tree plan for a small lot is
"silly" since the trees will have to be removed and street trees planted or a landscape
plan for a planned unit development.
He agreed with Council President Buehner that there is a problem that once the home
is turned over to the new homeowner,the builder has no control over the
health/viability of the tree. He would like to be released from the obligation of the
tree's viability once the home is sold. The new code will provide more trees so even if
some trees are removed after the home is sold,the net result will still be for more trees
overall.
There are many things in the design manual that will cost developers a great deal of
money. For example,the cost is at least$1,000 a tree for a tree vault. Nevertheless,he
feels the efforts will be worthwhile.
Mr. Gertz said he likes the flexibility of the proposed code as this has been lacking for a
long time. He noted his appreciation for the staff's work and while no one is totally
happy with the final proposal,he thanked the staff for doing an outstanding job.
The current code,because of the mitigation factors,encourages developers to clear cut
their property prior to development. He said it is horrible. The proposed code
encourages people to save the trees.
Councilor Henderson asked Mr. Gertz whether he has experienced times where
homeowners have added trees after they purchased the property. Mr. Gertz referred to
a project where fir trees were planted on all the lots and almost all were removed and
replaced with a different type of tree. One of the things that should be understood
within the code,is that people will have the ability to move or change trees with
approval or payment for mitigation. He disagrees with the amount of mitigation
required.
Mr. Gertz described for Councilor Henderson some of the setback requirements in the
proposed code and the complications for infill development. He suggested a solution
would be for canopy averaging for a development,which he thinks has been added to
the proposal. He questioned whether 40 percent tree canopy was a good number.
In response to a question from Council President Buehner about his concerns regarding
the tree manual(containing design criteria),Mr. Gertz said there has been some support
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by a member of the CAC to codify the manual. His solution is to keep the proposal as
it is,with the tree manual being used as a guideline for submittal with the code
specifying approval requirements. Council President Buehner asked Mr. Gertz if he
could provide the City Council with written testimony on his specific concerns.
• Paul Whitney signed up to testify but was not present.
Opponents
• Robert Ruedy, 14185 SW 100`h Avenue,Tigard OR 97224. Mr. Ruedy distributed
written testimony and exhibits to the City Council. His remarks included:
o During his initial review of the proposed changes,he had concerns about
hazard trees and solar access.
o First response from city staff was that there were no existing solar protection
provisions, so this subject was not going to be addressed.
o He referred to building application forms whereby solar access elements are
mentioned;however, there is no way to protect the solar access should a
property owner install an expensive system.
o He referred to a State of Oregon Administrative Rules addressing solar
installation and he questioned whether the city was lagging behind in protecting
solar access.
o 19 He said he was frustrated with the response that the Planning Commission
did not want to address the hazard tree issue. The current plan will place the
homeowner between the insurance company and the city. The insurance
company might stipulate a hazard tree should be removed while the city might
deny the request to cut the tree down. There is no enforcement capability
stipulated in the proposed code if there is a hazard tree on a neighbor's
P
ro erty.
o Tree height restrictions—many CC&R's require tree heights to be
maintained no higher than the height restrictions on the properties. The
purpose is to avoid infringing on view lines. This is not taken into account in
the proposed code.
Council President Buehner referred to previous solar restrictions in the City of
Portland that have since "gone out of fashion." She said she thinks it is time for the city
to recognize the solar issues.
IRCouncil President Buehner said she was the one who initially brought forward the
hazard tree concerns noting three trees have fallen on her house. There are some fire
insurance policies that will help pay for the cost to remove a tree if the city or regulatory
jurisdiction declares a tree to be a hazard. She agreed that the proposed language needs
to be stronger with regard to enforceability.
IMMayor Dirksen said Mr. Ruedy's point about solar protection is well taken. He said
he is unsure whether this has been addressed in the new code or,perhaps,it could be
addressed in a different section of the code. He said solar installation is a viable
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alternative to tree planting. A neighbor obstructing the solar access is a separate issue
and needs to be discussed.
10 Mr. Ruedy referred to Councilor Woodard's earlier concerns about the Goal 5
verbiage. Mr. Ruedy maintained this is very close to"land takings" subject to legal
challenges.
Councilor Woodard noted he is uncertain how the proposed language to allow solar
access in lieu of tree planting would be applied for new development vs. established
development. He noted a process for discretionary administrative board review,but he
would like to know more about how this would work.
IRMr. Ruedy said he would like to see more flexibility in reducing the number of cars
allowed on properties;i.e.,flex car systems,car share.
18 Mayor Dirksen asked if there was anyone who would like to speak who had not
signed up. He reiterated there will be additional opportunities to speak.
IRMayor Dirksen closed the testimony portion of the proceeding for tonight. The
public hearing is not closed and is held open through the scheduled October or
November meetings. By closing tonight's testimony,if a person comes back to testify,
the testimony should be new—not a repetition of what has been heard tonight. Written
testimony is encouraged and people do not have to wait for a meeting to submit written
input.
10 Councilor Woodard received clarification that minor partitions consist of less than
four units. Associate Planner/Arborist Prager advised that the 40 percent requirement
for Tier 1 is averaged over the entire development site. For lower density residential
development,the Planning Commission recommended retaining a minimum amount of
canopy for each lot at 15 percent;i.e.,a 15 percent minimum per lot in low-density
residential development. Assistant Community Development Director Hartnett
explained that a site can consist of multiple lots. She offered to bring maps to the
August 14 meeting to illustrate canopy requirements.
Council President Buehner asked for information from staff for the August 14 meeting
to show canopy coverage received from street trees in various lot sizes.
Assistant Community Development Director Hartnett asked a local firm,AKS,to
perform a peer review of the proposal as presented to the Planning Commission. AKS
did further analysis on modifications as discussed through the Planning Commission's
process. The Planning Commission found it helpful for representatives to attend a
meeting to work through details. Council members agreed it would be beneficial for
staff to ask AKS members to come to the August 14 meeting.
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Council President Buehner commented that at the future City Council meeting,she will
define the issues she has with canopy cover and hazard trees. She referred to the
administrative rules recently,which are up for revision. She said she needs to know
what changes are being proposed.
Mayor Dirksen encouraged council members with specific questions/issues to give those
to staff in advance if possible.
Council President Buehner asked for follow up to Mr. Gertz' concerns on the tree
manual. She also called attention to further consideration to solar access and tree-height
limits.
Councilor Henderson asked for any information in the Tigard code that deals with solar
access. He would also like some information so the need for solar access can be
evaluated.
Associate Planner/Arborist Prager clarified that the 40 percent canopy requirement can
be confusing and the canopy can be reduced to a much lower amount.
Council President Buehner said she would be interested in information to clarify how the
proposed code provisions would apply when doing infill with two or three houses in an
established neighborhood.
Assistant Community Development Director Hartnett reminded council that the goal for
the August 14 meeting is to discuss with the Planning Commission similar issues as
raised by the council tonight. Much of the clarification-of-issues information will be
prepared for and discussed at the September 11,2012 meeting.
Mayor Dirksen continued the public hearing to August 14,2012. The meeting format
for August 14 will be a workshop with the Planning Commission; no public testimony
will be received but the public is welcome to attend to listen to the discussion and
feedback. More public testimony will be accepted at a future meeting.
10
6. COUNCIL LIAISON REPORTS
IMIn response to a request for information from Council President Buehner,City Manager
Wine reported that an employee who suffered from a heart attack is now home and resting
comfortably.
7. NON AGENDA ITEMS: None
8. EXECUTIVE SESSION: Not held.
N
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9. ADJOURNMENT: 9:33 p.m.
INMotion by Councilor Woodard,seconded by Councilor Henderson,to adjourn the
meeting.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Absent
Councilor Woodard Yes
Catherine Wheatley,City Record
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