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City Council Minutes - 04/02/2019 1"r City ofTigard Tigard City Council Meeting Minutes April 2, 2019 1. BUSINESS MEETING A. At 6:32 p.m. Mayor Snider called the meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—City Manager Wine explained that due to the cancellation of the city council meeting on April 9 and 16,city staff needed to have two resolutions passed by council in order to apply for a Metro Community Development Grant that has a deadline of April 19. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B Citizen Communication—Sign-up Sheet. John Mentesana, 8835 SW Thorn Street,Tigard,OR 97223, said he has spoken previously about his safety and water detention concerns related to development on Thornwood Street and understands the city is not going to have the Planning Commission revisit this. He then read from Planning Commission minutes regarding the approved development and water run-off. He asked what the city is going to do moving forward about water and safety concerns. He submitted the Planning Commission minutes and his correspondence for the record. Mayor Snider explained staff is still following up with the homeowner regarding the water detention questions that were previously raised. He said it is important to note that if the Planning Commission approved the project then the land use criteria was met and probably did not require full water detention. TIGARD CITY COUNCIL-April 2, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 Mr. Mentesana said he is also concerned with the build-up of feces and paper in the road from the water run-off. Mayor Snider asked him if he is now talking about there being a sewer issue and not a stormwater issue. Mr. Mentesana replied it is both and explained what is happening. He asked if building permits would be issued. City Manager Wine explained that in her email to him earlier, she said that if the conditions have been met,then building permits would be issued. She is unaware of any issues regarding feces in the road. Mr. Mentesana asked what he should do moving forward. Mayor Snider replied the last item being followed up on is regarding the questions that were raised by Mr. Hoffman about the stormwater run-off. He said staff is still following-up on this. Mr. Mentesana asked if they could add his concerns about his house getting flooded and him having to replace the ducting in his home because of the flooding. Mayor Snider responded the stormwater review by staff encompasses the entire neighborhood and is not isolated to just Mr. Hoffman. 3. CONSENT AGENDA (Tigard City Council and Local Contract Review Board) A. PROCLAIM NATIONAL COMMUNITY DEVELOPMENT WEEK B. PROCLAIM PLAY BALL MONTH C. APPROVE CITY COUNCIL MINUTES 0 February 19,2019 D. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF CONTRACT AWARD—UTILITY TRUCK BOX FABRICATION E. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF CONTRACT AWARD—MICROSOFT ENTERPRISES LICENSE AGREEMENT Council President Goodhouse motioned to approve the consent agenda as presented. Councilor Newton seconded the motion. Motion passed unanimously. Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider TIGARD CITY COUNCIL-April 2, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 4. INFORMATIONAL PUBLIC HEARING: CONSIDER RESOLUTION TO AMEND MASTER FEES AND CHARGES FOR THE PARKS AND RECREATION FEE A. Mayor Snider opened the public hearing. B. Mayor Snider read the hearing procedures and announced that anyone may offer testimony. C. Finance and Information Services Director LaFrance and Management Analyst Kang gave the staff report and provided background. D. Public Testimony Marc Woodard, 10093 SW Woodard Lane,Tigard, OR 97223, commended council on the additional fee and hopes that council will come together and make this a dedicated fund. City Manager Wine said staff received a letter from Michael Brewin regarding the increase in fee and this was submitted into the record. E. Mayor Snider closed the public hearing. F. Council Discussion and Consideration: Resolution No. 19-11 Council President Goodhouse motioned to approve Resolution No. 19-11. Councilor Lueb seconded the motion. Deputy City Recorder Burgoyne read the number and title of the resolution. Motion passed unanimously. Resolution No. 19-11—A RESOLUTION AMENDING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE RELATED TO PARK AND RECREATION FEE WHICH IS ADOPTED UNDER RESOLUTION NO. 18-33 Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 5. INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF RESOLUTION FOR THIRD QUARTER SUPPLEMENTAL BUDGET A. Mayor Snider opened the public hearing. B. Mayor Snider read the hearing procedures and announced that anyone may offer testimony. C. Management Analyst Kang gave the staff report,provided background,discussed changes that will include a citywide performance audit, credit card fees,refund of SDC fees for public improvements,increase of city staff in recreation that will allow for reinstatement of TIGARD CITY COUNCIL-April 2, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 eliminated programs, and the water service agreement. D. Public Testimony—None. E. Mayor Snider closed the public hearing. F. Council Discussion and Consideration: Resolution No. 19-12 Councilor Anderson motioned to approve Resolution No. 19-12. Councilor Goodhouse seconded the motion. Motion passed unanimously. Councilor Lueb asked what the reason was why the city chose not to charge credit card fees for utility bills. Finance and Information Services Director LaFrance explained that because Visa considers utility bills as a government service rather than a business service,the city could only charge a flat fee for utility bills rather than a percentage of the charge. So everyone, no matter if they are commercial or residential, the same flat fee would be charge. Council discussed this last fall and decided this was regressive and to move ahead with credit card fees for System Development Charges since those are based on a percentage of the charge. Council President Goodhouse asked if council would revisit this. Mr. LaFrance replied that the last direction staff received from council was to move forward as they are doing,and to revisit if Visa changes their policy and allows utility bills to be charged a percentage based fee. Resolution No. 19-12—A RESOLUTION TO ADOPT THE FY 2019 THIRD QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS,POLICY AND ADMINISTRATION AND COMMUNITY SERVICES Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 6. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER ORDINANCE FOR 95TB AVENUE ZONE CHANGE A. Mayor Snider opened the public hearing. B. The City Attorney read a statement regarding hearing procedures. C. Mayor Snider asked Council if they have any conflicts of interest. There was none. D. Mayor Snider asked Council if they have any ex parte contact.There was none. E. Mayor Snider asked the audience if there is any challenge to the participation of a council member. There was none. TIGARD CITY COUNCIL-April 2, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 F. Project Planner Pagenstecher summarized the staff report,provided background from the Planning Commission and recommendation,went over the zone map,density, existing zoning and adjacent development,discussed the removal of the Oregon White Oak trees that were on site, talked about the planned development overlay, ensuring development is compatible and that natural systems are protected, and staff's recommendation. Councilor Anderson asked if this would be a planned development. Mr. Pagenstecher said yes. G. Public Testimony-Mayor Snider called upon those who signed up to testify. Applicant Representative Brian Cobb,Infinite Architecture,PO Box 664,Donald, OR 97020, talked about the proposed development,parking and sidewalk conditions. He discussed the trees on the property the owner had removed just prior to the previous city council meeting, and said while the owner had the right to remove the trees he did leave more than half. He said according to the arborist, several of the trees were damaged,and it was recommended they be removed due to safety concerns. He agreed the removal of the trees was not done in the most transparent way, and was not meant to be done just prior to the previous council meeting, however, that is how the timing of the removal of trees happened. Councilor Newton asked the applicant if they received a report from the arborist regarding the damaged trees. Mr. Cobb replied they did not. They did not feel it was necessary to pay the arborist for the report. H. Staff response to testimony. None. I. Mayor Snider closed the public hearing. J. Council Discussion and Consideration: Ordinance No. 19-02 Council President Goodhouse asked the City Attorney if the removal of the trees plays into council's decision. City Attorney Rihala said the trees only come into consideration when related to applicable criteria,and staff has recommended that as part of the planned development overlay, the remaining trees on site be preserved. However,in terms of the removal of the trees just prior to the last council meeting when this was scheduled, then no, they do not. Councilor Anderson agreed with the Planning Commission's recommendation of R-7 and not R-12,and is ok with the comprehensive and planned development overlay plan. Councilor Newton agreed and said it is more compatible at R-7 and it may yield better for parking. Councilor Lueb agreed with the R-7 designation and thanked the Planning Commission for their work. TIGARD CITY COUNCIL-April 2, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 Councilor Lueb motioned to approve Ordinance No. 19-02. Councilor Anderson seconded the motion. Deputy City Recorder Burgoyne read the number and title of the ordinance. Deputy City Recorder Burgoyne conducted a vote and the motion passed unanimously. Ordinance No. 19-02—AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA2018-00003 AND ZONE CHANGE ZON2018-00004 TO AMEND THE TIGARD COMPREHENSIVE PLAN DESIGNATIONS AND ZONING DISTRICTS MAP FROM R-4.5 TO R-7 (PD) ON TAX LOTS 1S135DC 03600,03700 AND 03800 Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 7. CONSIDER A RESOLUTION ESTABLISHING A PROGRAM FOR YOUTH CITY COUNCILOR City Manager Wine presented the item and explained that the resolution would establish a program for a selected youth from the Tigard Community to sit on City Council as a non-voting member. Councilor Newton said this is a great idea and is supportive of the resolution. Councilor Lueb is excited at the potential of having someone from the youth community on council. She is interested in having their perspectives and ideas. Council President Goodhouse asked if there is an age range. Mayor Snider said it would be an incoming junior or senior that would be eligible. Council President Goodhouse asked if they were under the age of 18 if that would require a chaperone attend the National League of Cities (NLC) conference with them. Ms. Wine said whoever is in the city staff role as Senior Management or Assistant City Manager would attend as the chaperone. She said the funding for this is part of the travel budget and is part of their responsibilities. Council President Goodhouse proposed reevaluating this role after a year. Mayor Snider suggested a two-year trial. Council agreed. Council President Goodhouse asked about policy regarding attendance. Mayor Snider said they may want to consider designating an alternate for situations of attendance issues. Councilor Lueb motioned to approve Resolution No. 19-13, Councilor Newton seconded the motion. Deputy City Recorder Burgoyne read the number and title of the resolution. Motion passed unanimously. TIGARD CITY COUNCIL-April 2, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 Resolution No. 19-13—A RESOLUTION ESTABLISHING A PROGRAM FOR STUDENT REPRESENTATION ON THE TIGARD CITY COUNCIL AND ESTABLISHING CRITERIA FOR A YOUTH CITY COUNCILOR Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 8. NON-AGENDA ITEMS City Manager Wine presented two resolutions,each for a Metro Community Development Grant. Hard copies of each resolution along with a summary memo from staff was available to council prior to the meeting. Councilor Newton said she realizes why this is before council tonight because of cancelled upcoming meetings. She stated her concern about the added workload to staff and asked if they are worried about this. Assistant Community Development Director McGuire said they are not and they are are still in negotiations;however, the grant is critical to getting the concept planning done and without it, the first step will not be completed. City Manager Wine said Tigard would proceed with the Grant. Council President Goodhouse motioned to approve Resolution No. 19-14. Councilor Lueb seconded the motion. Deputy City Recorder Burgoyne read the number and title of the resolution. Motion passed unanimously. Resolution No. 19-14—A RESOLUTION APRPOVING AN APPLICATION FOR A METRO 2040 PLANNING AND DEVELOPMENT GRANT TO FUND THE WASHINGTON SQUARE REGIONAL CENTER UPDATE PROJECT Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider Council President Goodhouse motioned to approve Resolution No. 19-15. Councilor Anderson seconded the motion. Deputy City Recorder Burgoyne read the number and title of the resolution. Motion passed unanimously. TIGARD CITY COUNCIL -April 2, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 8 Resolution No. 19-15—A RESOLUTION APPROVING AN APPLICATION FOR A METRO 2040 PLANNING AND DEVELOPMENT GRANT TO FUND THE WEST AND SOUTH RIVER TERRACE URBAN RESERVES CONCEPT PLANNING PROJECT Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider 9. EXECUTIVE SESSION: Mayor Snider announced that the Tigard City Council would go into Executive Session to discuss labor negotiations under ORS 192.660(2) (d).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. City Council adjourned from Red Rock Creek Conference Room after the Executive Session. 10. ADJOURNMENT At 8:00 p.m. Councilor Newton motioned to adjourn the meeting from the Red Rock Conference Room. Council President Goodhouse seconded the motion. Motion passed unanimously. Name Yes No Council President Goodhouse Councilor Newton Councilor Lueb Councilor Anderson Mayor Snider Kelly Burgoyn ,Deputy City Recorder A< Jason . S er,Mayor Date: TIGARD CITY COUNCIL—April 2, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8