BEAVERTON CITY COUNCIL
REGULAR MEETING
APRIL 11, 2005

CALL TO ORDER:

The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth City Council Chamber, 4755 SW Griffith Drive, Beaverton, Oregon, on Monday, April 11, 2005, at 6:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Fred Ruby and Cathy Stanton. Coun. Dennis Doyle was excused. Also present were Assistant City Attorney Bill Scheiderich, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Engineering Director Tom Ramisch, Operations/Maintenance Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Captain Ed Kirsch, Operations Manager Steve Brennan, Principal Planner Hal Bergsma, Senior Planner Barbara Fryer and City Recorder Sue Nelson.

PROCLAMATIONS:

Mayor Drake proclaimed April 17-23, 2005, Arbor Week.

PRESENTATIONS:

05068 Tree City USA Growth Award

Operations Manager Steve Brennan introduced Lead Arborist Patrick Hoff and Thomas Whittington, Stewardship Forester, Oregon Department of Forestry.

Brennan reviewed the City's 2005 Urban Forestry Master Plan and its goals. He said the Plan's goals centered on preservation of the urban forest. He said this year the City's Forestry Program goals were to increase citizen participation through education and participation, to plant more trees to enhance the urban forest, and to protect the trees through stewardship and preservation. He said staff works closely with developers on tree preservation as new developments come into the City. He said the tools used to involve more citizens in the Forestry Program included educational activities and literature, re-introduction of Beaverton's Favorite Tree Contest, implementation of a Heritage Tree Program and continuing the City's tree planting program. He said the City has continued working with the Friends of Trees, and over the last three years they were able to plant and establish 500 new trees in the older sections of Beaverton, where trees had died or were removed or had never been planted.

Brennan presented a PowerPoint slide presentation explaining the work that had been accomplished under the City's Urban Forestry Program. He showed pictures of Ponderosa Pines, off of SW Denney Road near SW Rollingwood Drive, where the trees were diagnosed with Western Gall Rust, a disease that is becoming prevalent in the pine trees in Beaverton; the Operations Department was watching this closely to protect the groves in the City parks. He said as part of the annual pruning program the City maintains 4,800 trees on City facility sites and 12,000 street trees to keep the streets clear for maintenance vehicles. He showed pictures of the tree replacement program on SW Fifth Street; the trees were replaced due to sidewalk damage. He said they replaced 300 to 500 trees annually under these programs. He showed pictures of an Arbor Day tree planting project and hazardous tree removals due to structural or disease problems, or storm damage. He said where trees were destroyed in vehicle accidents, the City worked with the insurance companies to replace the trees. He said there was tree vandalism in the community which required tree replacement. He said they also assisted property owners with sidewalk repairs preserving trees or to replace the tree with the proper tree for that area. He said they worked with contractors to avoid problems such as root damage, and to ensure the trees were properly placed in the right-of-ways to avoid future damage to the sidewalks or roads.

Brennan reviewed work on SW Hall Boulevard to accommodate existing trees and comply with ADA s tandards. He said by using impervious sidewalk surface they were able to provide more room for the trees and eliminate tripping hazards. He also reviewed a project on SW Downing Road to preserve the trees and canopies. He said through root pruning and root barriers, they were able to avoid future infrastructure damage. He said this was a win-win project for everyone involved.

Brennan reviewed the s tandards for Tree City USA: 1) A city has to have a Tree Board or Department; in Beaverton the Operations Department is responsible for forestry management. 2) A city must have a Community Tree Ordinance, which Beaverton has in place 3) A city must have a Community Forestry Program with an annual budget of at least $2 per capita; Beaverton has a dedicated urban forestry program that meets this criteria. 4) A city has an Arbor Day observance and proclamation, which Beaverton does annually. He said the City received the Tree City USA Growth Award for the last seven years.

Coun. Arnold referred to page 16 (in the record) that showed trees in a planter area that had damaged a road. She asked if that happened because the trees were the wrong type or would that happen eventually with all trees in planting strips.

Brennan replied this would not happen with all trees; that was a case of the wrong type of tree for that strip. He said the trees in this area were planted before there were Codes and requirements that dictated the types of trees that were appropriate for planting strips.

Coun. Arnold asked what was the minimum planter width for trees.

Brennan said current planting s tandards do not allow trees to be planted in planters under three feet in width; four feet was the s tandard minimum.

Mayor Drake said there was an exception on the four-foot s tandard when Washington County was improving SW Murray Boulevard. He said the County usually provides a curb-tight sidewalk and does not install trees, which are required by the City Code. He said the planter that was installed was narrow in spots and bushes were planted rather than full trees. He said the City modifies the s tandards occasionally to make the sidewalk safer or to allow a tree with some other type of buffer.

Coun. Stanton referred to page 15 and asked if the grate inhibited the tree's growth. She referred to the trees in front of the Library and how long they could be there before they would have to be cut down because the diameter of the grate would not be large enough.

Brennan said the tree and grate on page 15 was on SW Hall Boulevard. He said curbing was built into that design sixteen inches deep and the tree's roots were not able to grow out. He said that stunted the tree and caused sidewalk damage from the roots. He said the grates at the Library were different, they were open grates; there was no infrastructure to keep the roots from growing outward and a root barrier was installed to catch the roots prior to causing structural damage to the surrounding pavements. He said the grate could be cut out mechanically to remove the rings and enlarge the diameter to accommodate the trees growth.

Coun. Stanton referred to the Tree City USA s tandards requirement of a tree board or department. She said she wondered why the City did not use citizens to serve on a tree board.

Thomas Whittington, Stewardship Forester, Oregon Department of Forestry (ODF), said the ODF recognizes the important contributions trees make to communities and the importance of the Urban Forestry Program. He said on behalf of the National Arbor Day Foundation and the ODF, he was pleased to present the 2004 Tree City USA Award to the City of Beaverton. He said this was Beaverton's 11th year as a Tree City USA and the seventh year the City received the Tree City USA Growth Award. He presented the Tree City USA flag to Brennan.

VISITOR COMMENT PERIOD:

Henry Kane, Beaverton, said the Council should amend the Beaverton Development Code to require buses and trucks parked in yards or other facilities, to comply with State and Federal fuel emission standards. He said he was suggesting this because the Beaverton School District was preparing a second application and would hold a neighborhood review meeting on Thursday, April 14, 2005, at 7:00 p.m., at the Five Oaks Middle School, 1600 NW 173rd Avenue. He recalled past actions of the Council and LUBA regarding the District's first application for a bus barn facility. He said the Council had not ruled on the testimony that bus diesel fumes injured children and adults, because the Code did not contain environmental protection standards. He said since then, the Environmental Protection Agency had adopted regulations to reduce this environmental problem and he felt the Code should be amended to state an applicant must comply with State and Federal fuel emission standards as a condition of approval. He said this would reduce much of the first round opposition.

COUNCIL ITEMS:

Coun. Stanton encouraged everyone to attend the Neighborhood Summit on Saturday, April 23, 2005, at City Hall. She said information was available on the City's Web site and would be mailed to residents. She said there would be three sessions with different topics; the event was free but there was a $5.00 charge for lunch. She said people could register by calling 503-350-4097.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

Coun. Bode MOVED, SECONDED by Coun. Ruby, that the Consent Agenda be approved as follows:

Minutes of the Regular Meeting of April 4, 2005

05069 Development Services Fee Schedule Increase (Resolution No. 3813)

05070 Classification Changes

05071 City Council Appointments to Boards and Commissions - Pulled for Separate Consideration

Contract Review Board:

05072 Bid Award - Cedar Hills Boulevard Utility Improvements Project, Phase 3

Coun. Stanton said she had minor changes to the April 4, 2005, minutes which she gave to the City Recorder.

Question called on the motion. Couns. Arnold, Bode, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

05071 City Council Appointments to Boards and Commissions

Coun. Bode pulled Agenda Bill 05071 for separate consideration to document for the audience another part of the City Council work that was not publicized. She said each Councilor had expanded duties in addition to City Council meeting responsibilities. She said annually each Councilor was appointed to serve on other commissions within the City. She read the appointments for 2005; confirming with each Councilor present that they accepted their appointments. She noted Coun. Doyle was not present but confirmed with Couns. Ruby, Arnold and Stanton that he would accept his appointments.

Coun. Ruby: Human Rights Advisory Commission

Coun. Doyle: Beaverton Arts Commission; Mayor's Youth Advisory Board; Committee for Citizen Involvement

Coun. Arnold: Disabled Citizens Advisory Committee; Senior Citizens Advisory Committee

Coun. Bode: Social Service Funding Committee; Liaison to Mayor's Office

Coun. Stanton: City Library Board; Metropolitan Area Communications Commission

Coun. Stanton MOVED, SECONDED by Coun. Ruby that Council approve Agenda Bill 05071, City Council Appointments to Boards and Commissions. Couns. Arnold, Bode, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

WORK SESSION:

05073 TA 2004-0011 Tree Code Text Amendment

Principal Planner Hal Bergsma introduced Senior Planner Barbara Fryer and Associate Planner Leigh Crabtree. He said the City took great pride in the preservation of its trees. He said this work session was to present the culmination of several years of work on amendments to the City Development Code relating to the protection of trees. He said Ms. Fryer was the lead planner who worked on this project; she was assisted by Ms. Crabtree and other planning staff. He said throughout the process, input was received from many citizens, including members of the Development Liaison Committee, the development community, the environmental community, the Portland Audubon Society, the Tualatin Riverkeepers, the staff of the Tualatin Hills Parks and Recreation District and Clean Water Services, along with citizen comments from several public hearings conducted by the Planning Commission. He said Ms. Fryer would review the process used and the details of the proposed amendments to the Code.

Fryer presented a PowerPoint slide presentation of the Tree Code Text Amendment (in the record). She reviewed the history of the development of the City's tree regulations. She said in 1984 the Council adopted the Significant Natural Resource Inventory, which identified and classified wetlands and treed areas. She said the wetland areas were classified Significant and treed areas were classified Important, with the intention that wetland and treed areas would be saved as allowed through development. She said in 1990 the Council adopted the first Tree Code that protected trees throughout the City. She said the Tree Code directed the Board of Design Review to identify significant trees and groves throughout the City. In 1991 the Significant Trees and Groves Inventory was adopted by the Board of Design Review; this inventory has been used to develop tree plans in the City since 1991. She said in 1999 the tree inventory was updated to include areas annexed into the City. She said the Scenic Tree Project was started shortly after 1999; this project was an effort to look at trees through an aesthetic viewpoint as part of Goal 5. She said in 2002 the Council adopted the current Tree Code that allowed for mitigation on a one-to-one basis for every tree that was removed. She said since 2002, Ballot Measure 37 was adopted which required the City to refocus on how the Scenic Tree Project and tree regulations would be treated in the future.

Fryer reviewed the current tree classifications: Community Trees; Significant Groves; Street Trees; Landscape Trees; Significant Individual Trees; Significant Natural Resources Areas; Historic Trees. She said in the proposed tree classifications, it was recommended that the Street and Landscape Trees be removed, and a new category be added called Mitigation Trees.

Fryer said there were five major objectives considered when the new regulations were developed. She said first, Clear and Objective Regulations were required by Goal 5. She said that meant if the s tandard was met, an applicant could go through the process without having to go through a public hearing. Second, she said, an Alternate Discretionary Process was needed if the clear and objective s tandard could not be met. She said the third objective was to Limit Potential Measure 37 Claims. She said the fourth objective was to ensure there was a Clear Progression of Magnitude in the impact of the tree regulations. She said in the current regulations it was not clear that in going from Tree Plan 1 to Tree Plan 2 or 3, there was a significant increase in the magnitude of the impact on the resource or that the resource was more important. She said the new regulations show a clear progression in the magnitude of impact. She said the fifth objective was to Improve Processing and Mitigation Procedures.

Fryer reviewed the proposed changes to the regulations in detail (in the record). She said Landscape and Street Trees were being removed from the classification as they were covered in other Code sections. She said Community Trees regulations were amended to allow removal of up to four Community Trees or 10% of the number of Community Trees on a site, whichever would be greater. She said this could be done as an exempt action; without a permit or tree plan process.

Coun. Stanton asked at what level this would fall into Tree Plan 3.

Fryer replied Community Trees never would fall into the Tree Plan 3 level. She said anything over 10% to 100% would be a Tree Plan 2 level.

Fryer said for Significant Individual Trees (trees currently on the tree inventory), the City currently regulates pruning, removal and mitigation. She said it was proposed that fewer trees be provided as mitigation. She said if one tree of a certain size was removed, it would be replaced with fewer trees. She said there weren’t any changes proposed for the Historic Trees. She said a new Exemptions category was added to Chapter 40 of the Development Code. She said the Exemption section clearly outlined what activities were exempt from having to file a tree plan; this included street and sidewalk improvements, non-mechanized enhancement, non-mechanized invasive species removal, low-impact trails, hazardous trees, and minor pruning.

Fryer reviewed the proposed changes for Tree Plan 1 in detail (in the record). She said a new category was added under Tree Plan 1, titled Commercial Timber Harvest. She said a current annexation to the City involved three parcels that were in active timber harvest management. She said this category was developed for these three tax lots only. She said it was designated as a Type 1 process and the property owner must maintain no less than ten healthy trees per acre, the trees have to be a minimum of ten inches diameter at breast height, and they can be clumped or evenly distributed. She said mitigation was not required for these trees. She reviewed the proposed changes for Tree Plans 2 and 3 in detail (in the record).

Coun. Arnold asked what one-to-one meant in terms of mitigation.

Fryer said it meant if she removed a ten-inch diameter tree, a ten-inch diameter tree or five two-inch diameter trees would have to be planted somewhere else on her property as mitigation.

Coun. Arnold asked what was the definiton of "understory preserved.”

Fryer said that meant the shrubs and herb layer on the site would have to be preserved. She summarized that the proposed changes would remove redundancy, added new exemptions and applications, and provided flexibility in processing. She said the next step would be to combine the four tree classifications (Significant Natural Resource Area, Significant Groves, Significant Trees and Historic Trees) into a Protected Trees Map. She said the Scenic Tree Project will be used to clarify the health status of the treed areas and to modify the boundaries in those four classifications. She said to limit the Ballot Measure 37 claims the Protected Trees Map would not be expanded to include the entire area inventoried.

Mayor Drake complimented the staff for an excellent presentation and for their work on this project. He said he felt this process was fair; it reasonably protected the trees in the community and it acknowledged trees were a valued asset in the community without being so restrictive that people could not exercise utility of their property.

Coun. Bode said she was impressed with Ms. Fryer's work. She said this document was much clearer for citizens and developers. She complimented the staff on the PowerPoint presentation.

Coun. Ruby referred to applicability (page 3 of staff report) and said he understood the tree plans did not apply to the average homeowner who had a stand-alone dwelling on property one-half acre or less in size.

Fryer said that was correct, with the exception of those who have a listed Significant Tree on their property. She said there were over 100 Significant Trees inventoried in the 1991 inventory. Trees on that inventory would be subject to this proposal, but there were no new regulations being placed on their property.

Coun. Ruby asked if the homeowners were notified that they had a Significant Tree on their property when that inventory was done.

Fryer said they were notified.

Coun. Ruby confirmed this was only about 100 trees in the entire community. He asked if he understood correctly that there were no restrictions on the ability of a homeowner to remove a tree from their property, unless it was a Street or Landscape Tree.

Fryer said Street Trees were regulated under the Code.

Coun. Ruby asked if it was not a Street Tree, there wasn’t anything in the Code to prevent owners from removing trees in their backyard without getting permission from the City.

Fryer replied that was correct.

Coun. Stanton referred to property owners who had a Significant Tree on their property, and asked if there was anything added to their property title record which identified the Significant Tree. She said she was asking because homeowners change every few years.

Fryer said there weren’t any current requirements for a deed restriction on property. She said in the proposed amendments, if there is a Significant Grove or Area on a property, a deed restriction would be placed on the property and recorded at the County. She said in terms of a Significant or Historic Tree, there weren’t any deed restrictions on those properties to require notification about the tree.

Bergsma said the inventory would be updated soon and all the owners would be notified of the resources on their property.

Coun. Stanton thanked staff for working with a citizen, Mr. Russell. She said she knew staff worked hard to make this address Mr. Russell's concerns. She also acknowledged the Planning Commission who had this issue on its agenda for four meetings. She said the Commission did a fabulous job on this issue. She also thanked staff for their work.

Coun. Stanton referred to page 36 of the staff report (January 19, 2005 Planning Commission Minutes) quoting: "Mr. Sparks explained that hazardous isdetermined terms of applicability." She questioned what that should have said.

Fryer replied she was not sure what it should have said but she referred to page 279 of the staff report explaining there was a new definition for hazardous tree that could be given to citizens to help them determine if the hazardous tree exemption would apply to them.

Mayor Drake said citizens were often concerned with hazardous trees which might fall down. He said the current Code does not require mitigation if a tree fell during a windstorm. He said if the owner was being cautious and removed a tree they thought was a hazard, mitigation was required. He said that was changed in the proposed amendments so hazardous trees could be removed without mitigation.

Coun. Stanton confirmed with Fryer that the Code still required a permit for removal of a street tree.

Bergsma said an exemption was added to the Code to allow immediate removal of a hazardous tree in an emergency situation. He said if the tree was about to fall down, such as in a storm, and there wasn’t any time to come in to City Hall and get a permit, the tree could be removed at that time and the owner could come in to the City and justify the removal after the fact. He said that would apply to individual and Street Trees.

Coun. Stanton said she was instrumental in having that language changed as that was not in the last revision of the ordinance.

There were no other questions.

Mayor Drake thanked staff for the presentation.

ORDINANCES:

Suspend Rules:

Coun. Ruby MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinance embodied in Agenda Bill 05074, be read for the first time by title only at this meeting, and for the second time by title only at the next regular meeting of the Council. Couns. Arnold, Bode, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading:

Assistant City Attorney Bill Scheiderich read the following ordinance for the first time by title only:

05074 TA 2004-0011 Tree Code Text Amendment (Ordinance No. 4348)

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 7:45 p.m.

APPROVAL:

Approved this 18th day of April, 2005.

__________________________________
Rob Drake, Mayor