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City Council Minutes - 08/12/2003 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING August 12, 2003 Mayor Griffith called the meeting to order at 6:30 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:30 p.m. to discuss real property transaction negotiations and pending and current litigation under ORS 192.660(1 e) and (1 h). Executive Session concluded at 6:49 p.m. • STUDY SESSION ADMINISTRATIVE ITEMS: o City Engineer Duenas briefed the Council on staff and task force recommendations regarding how to fund overhead costs associated with the street maintenance fee. o City Manager Monahan stated that, according to the City of Tualatin, a $909,000 federal grant will likely be available to construct the pedestrian bridge over the Tualatin River. A local match of $400,000 will be needed and will be shared among several cities. Tigard's share of the matching funds is still to be determined. Tualatin proposed that each city's share be determined by population. o City Manager Monahan discussed the advantages of retaining six operational windows in the lobby of the new library. Council agreed it was reasonable to keep these windows in the plan. o City Manager Monahan discussed the details of a meeting with County Commissioners regarding police consolidation. Nine of twelve communities involved have indicated they are not interested in consolidation. Two letters regarding police consolidation were distributed. o Potential dates for a joint meeting with the Tualatin City Council and Tigard- Tualatin School District were discussed — October 13, 20 and 21 . Councilors Moore, Sherwood, Wilson and Dirksen indicated that a Monday meeting would work for their schedules. The meeting will be held in Tigard. o Public Works Director Wegner stated that Bruce Ellis was meeting with the chamber of commerce board regarding the Balloon Festival. Diane Harrison has Tigard City Council Meeting Minutes - August 12, 2003 Page 1 also become involved in the event. City Manager Monahan noted that if the chamber takes over the event, a new agreement will be needed. o City Manager Monahan reported that asbestos has been removed from the white house on the new library property. The house is in poor condition. He proposed the Council tour the house at 6 p.m. on August 26. Council agreed to meet at City Hall and walk to the site. o Additional correspondence regarding Bretton Woods and Ash Creek subdivisions was distributed. o The Council discussed how they would deal with testimony on the Ash Creek public hearing. City Attorney Firestone noted that any testimony related to Bretton Woods would not become part of the Bretton Woods record, as the public hearing had been closed. o Councilor Sherwood expressed concern about a county police official discouraging Bull Mountain residents from annexing into the city at the National Night Out event. Study Session concluded at 7:18 p.m. 1. BUSINESS MEETING 1.1 Mayor Griffith called the City Council and Local Contract Board meeting to order at 7:33 p.m. 1.2 Roll Call - Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports - None 1.5 Call to Council and Staff for Non-Agenda Items - None 2. VISITOR'S AGENDA: • Chamber President Dan Murphy updated the Council on Tigard Area Chamber of Commerce activities. • Jessica Cousineau, 10755 SW Derry Dell Ct., Tigard, Oregon, expressed concern that tonight's discussion on Sanitary Sewer Reimbursement District No. 29 was not open for public comment. She provided a petition with 31 signatures opposing the district. • Bethanne Kronick, 10998 SW Chateau Ln., Tigard, Oregon, encouraged the Council to reconsider their decision to approve the Bretton Woods Subdivision and require Alpha Engineering to prepare a new plan. She asserted that standards for tree protection are clearly defined and should not be modified. Tigard City Council Meeting Minutes - August 12, 2003 Page 2 She said city arborist recommendations have been ignored. If the development is approved, Ms. Kronick asked the Council to consider requiring a bond to address future tree removal related to safety and liability issues. • Alice Ellis Gaut, 10947 SW Chateau Ln., Tigard, Oregon, also encouraged the Council to reconsider their decision to approve the Bretton Woods Subdivision, and recounted the highlights of an August 12, 2003 email she had submitted to the Council. The email is on file in the City Recorder's office. Ms. Gaut questioned whether the Council conducted a careful review of the record and why they had not conducted a site visit. She expressed concern that the developer's arborists would be biased, and this bias should be taken into account when weighing the evidence. Ms. Gaut added that the development should not go forward without a specific tree protection plan. She added that criteria are discretionary and that discretion should not be left to the developer, but is the responsibility of the Council. She concluded by asking the Council to revisit the facts and issues before finalizing their decision. • Gwyneth Rochlin, 12645 SW Peachvale St., Tigard, Oregon, acknowledged the huge amount of information Council is faced with. She then read her July 291 2003 letter asking the Council to reconsider their decision regarding Bretton Woods. The letter is on file in the City Recorder's office. • Collen Speck, 10976 SW Chateau Ln., Tigard, Oregon, read her August 11, 2003 letter asking the Council to reconsider their decision regarding Bretton Woods. The letter is on file in the City Recorder's office. • Luanne Thielke, 15691 SW Summerfield Ln., Tigard, Oregon, expressed support for the street maintenance fee. She stated that although she would prefer businesses pay a greater portion of the fee, she appreciates the progress that has been made and encouraged the Council to support the fee. 3. CONSENT AGENDA: Motion by Councilor Wilson, seconded by Councilor Dirksen, to adopt the Consent Agenda as follows: 3.1 Approve Council Minutes for June 24 and July 8, 2003 3.2 Receive and File: a. Council Calendar b. Tentative Agenda C. Council Goal Update — Quarter 2 — 2003 3.3 Local Contract Review Board: a. Award Contract for the Construction of the FY 2003-04 Pavement Major Maintenance Program (PMMP) to S-2 Contractors, Inc. Tigard City Council Meeting Minutes - August 12, 2003 Page 3 b. Award Contract for the Reconstruction of Bonita Road between Hall Boulevard and Fanno Creek Bridge to S-2 Contractors, Inc. C. Award Contract for the Construction of Bonita Park at the Bonita Road/Milton Court Intersection to Andersen Pacific Contractors The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 4. CONSIDER FINAL ORDER REGARDING THE APPEAL OF THE BRETTON WOODS SUBDIVISION (SUB2003-00001/PDR200300001/ VAR2003- 00006/VAR2003-00007) ITEM ON APPEAL: On May 28, 2003, the Planning Commission approved a request for a 10-lot Subdivision and Planned Development on 2.34 acres. The lots are to be developed with detached single-family homes. Lot sizes within the development are between 5,500 and 6,879 square feet. The applicant also requested approval for an Adjustment to the 200-foot cul-de-sac length standard, and an Adjustment to the street improvement requirements of the Tigard Development Code Chapter 18.810. The Adjustment would allow the applicant to construct a curb-tight sidewalk as opposed to a sidewalk separated by a planter strip along SW 108"' Avenue. On June 11, 2003 an appeal was filed pertaining to issues raised related to tree safety and water run-off through adjacent property caused by the development. LOCATION: 16455 SW 108`" Avenue; WCTM 2S 1 15AA, Tax Lots 1301 and 1400. ZONE: R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.790 and 18.810.100. a. Staff Report Associate Planner Brad Kilby introduced this item and summarized the findings described in Exhibit "A" of the resolution. b. Council Discussion A discussion regarding tree failure and liability issues ensued. It was noted that the applicant's tree protection plan had undergone several revisions and was in compliance with city code. Ensuring the tree protection plan is followed and the ramifications of plan violations were discussed. Tigard City Council Meeting Minutes - August 12, 2003 Page 4 Councilor Dirksen expressed concern about the following issues related to the development: 1 . There are trees that could be affected by the development which are not entirely on the property to be developed. 2. Runoff will not be directed to the storm sewer system, but will be reintroduced onto the surface and permitted to flow onto properties downstream. Councilor Dirksen proposed a motion for Council to reopen its discussion to talk about additional conditions for approval of development or to reconsider its decision of the appeal. He continued by suggesting the developer post a bond for tree protection and downstream runoff as an added incentive to adhere to their plan. There was no second and the motion died. City Attorney Firestone proposed the wording in section one of the resolution be changed from "expresses its approval of" to "adopts." C. Council Consideration Motion by Councilor Wilson, seconded by Councilor Moore, to adopt Resolution No. 03-30, with the change proposed by City Attorney Firestone. RESOLUTION NO. 03-30 - A RESOLUTION TO ADOPT THE FINDINGS OF FACT FOR THE APPROVAL OF THE BRETTON WOODS PLANNED DEVELOPMENT, SUBDIVISION, AND ASSOCIATED APPLICATIONS (SUB2003-00001/PDR2003-00001/ZON2003- 00001/VAR2003-00006/VAR2003-00007) IN SUPPORT OF RESOLUTION 03-29 (EXHIBIT B). The motion was approved by a 4 to 1 vote: Mayor Griffith - Yes Councilor Dirksen - No Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 5. CONSIDER RECOMMENDATION BY THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE (TFSTF) ON AN APPROACH TO IMPLEMENT THE PROPOSED STREET MAINTENANCE FEE a. Staff Report Tigard City Council Meeting Minutes - August 12, 2003 Page 5 City Engineer Duenas introduced Paul Owen, vice chairperson of the Transportation Financing Strategies Task Force (TFSTF). As vice chairperson, Mr. Owen stated the task force was supportive of the recommendation that staff proceed to enact the fee. Mr. Duenas provided background information on the fee and gave a presentation. The presentation is on file in the City Recorder's office. b. Review of Recommendation In working with the Oregon Grocery Association, a new method for fee calculation and cost allocation has been developed. As currently proposed, 58% of the cost would be born by non-residential properties and 42% by residential properties. Only the street maintenance element was recommended for implementation. Mr. Duenas indicated the staff recommendations differed from the task force recommendations in that the staff recommendations expressly permit the cost of city overhead be paid by funds generated from the fee. The cost of overhead is estimated to be about 25%, and would cover the cost of setting up and administering the fee, engineering services and contract administration. Mr. Duenas stated that he would return to Council in October with a draft ordinance for review. The ordinance could be considered in late 2003 and implemented in January 2004. A discussion ensued regarding the fee calculation for non-residential uses. As proposed, the monthly fee would be calculated at about $.82 per parking space, with a five space minimum charge, and a 200 space, or approximately $166, maximum charge. Councilor Wilson suggested that the fee for some non-residential uses, such as churches, may need to be calculated differently. Councilor Dirksen proposed that an appeal process should be in place. After discussion, the Council decided that funds generated by the fee could be used to cover overhead costs. C. Council Direction Motion by Councilor Sherwood, seconded by Councilor Dirksen, to direct staff to prepare an ordinance, based upon the staff recommendation, to establish the street maintenance fee. Tigard City Council Meeting Minutes - August 12, 2003 Page 6 The motion was approved by unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Sherwood thanked the Oregon Grocers Association for their work on the fee. 6. CONSIDER AMENDING CHAPTER 10.36 OF THE TIGARD MUNICIPAL CODE TO DISCONTINUE BICYCLE LICENSING a. Staff Report Police Chief Dickinson reviewed the reasons for the proposed amendment, which would delete sections of the code requiring bicycle licensing. Other sections of the code relating to bicycle safety will remain unchanged. Chief Dickinson explained that the department's current practice did not follow the code. b. Council Discussion Council agreed that this was an outdated section of the code. Chief Dickinson noted that to report a stolen bicycle, the police department needs to know the make, model and serial number. C. Council Consideration Motion by Councilor Dirksen, seconded by Councilor Wilson, to adopt Ordinance No. 03-07. AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AMENDING CHAPTER 10.36 OF THE TIGARD MUNICIPAL CODE BY DELETING SECTIONS 10.36.020, 10.36.030, 10.36.040, 10.36.050, 10.36.060 AND 10.36.070. Tigard City Council Meeting Minutes - August 12, 2003 Page 7 The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 7. REVIEW SEWER REIMBURSEMENT PROJECTS AND SELECT PROJECTS TO BE IMPLEMENTED IN FY 2003-04 FOR THE CITYWIDE SEWER REIMBURSEMENT PROGRAM a. Staff Report City Engineer Duenas introduced this item and gave a presentation. The presentation is on file in the City Recorder's office. b. Council Review and Discussion Several members of the audience spoke out regarding Sanitary Sewer Reimbursement District No. 29: • Steven Cousineau, 10755 SW Derry Dell Ct., Tigard, Oregon, expressed concern over the lack of information regarding the district. He stated that he had only received information on the design and cost of the project, but wasn't provided with information on alternatives or options. Mr. Cousineau questioned the city's statistics regarding the number of people who supported formation of the district and the tally of residents experiencing septic tank problems. Mr. Duenas explained the process for establishing the district and how the matter had progressed. He related that the city's statistics were obtained from a mail survey, where 15 property owners responded they wanted the district formed now and four property owners stated they were currently experiencing septic system problems. It was noted this information was public record and could be made available to anyone who requested it. Mr. Monahan advised that the issue before the Council tonight was which of the three projects, or combinations of projects, would the Council like to consider on August 26. He added that at the August 26 meeting the Council would hear public testimony and take action on the districts. Tigard City Council Meeting Minutes - August 12, 2003 Page 8 • Tammy Gustin, 10670 SW Derry Dell, Tigard, Oregon, stated that most of the septic systems in the area were in good condition. Ms. Gustin pointed out that the cost to repair a septic system is substantially less than the cost of the proposed sewer system. Mayor Griffith directed audience members with questions or issues to contact City Engineer Duenas or Greg Berry. • Elizabeth McCord, 9965 SW McDonald, Tigard, Oregon, stated that a county ordinance stipulates that if a homeowner is within 300 feet of the sewer, and their septic system requires a repair, the homeowner will be required to connect to the sewer. This information was not disclosed to homeowners. It was also noted that the city's web site indicated that the bid for the project had already been awarded. Staff and Council advised that bids had been accepted, but the reimbursement districts had not been formed and bids had not been awarded. Testimony was ended until the public hearing scheduled for August 26. C. Council Direction Motion by Councilor Moore, seconded by Councilor Sherwood, to move forward with Sanitary Sewer Reimbursement District Nos. 28 and 29, with the discussion and public hearing to be conducted on August 26, 2003. The motion was approved by unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Meeting recessed at 9:14 p.m. and reconvened at 9:31 p.m. 8. QUASI-JUDICIAL PUBLIC HEARING — CONSIDER THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ASH CREEK ESTATES PLANNED Tigard City Council Meeting Minutes - August 12, 2003 Page 9 DEVELOPMENT SUBDIVISION (SUB2003-00010/PDR2003-0004/ZON2003- 00003/SLR2003-00005/VAR2003-00036/VAR2003-00037) ITEM ON APPEAL: On July 7", 2003, the Tigard Planning Commission held a public hearing to consider an application to Subdivide 9.36 acres for a 29-lot single- family detached housing Planned Development Subdivision; Sensitive Lands Review for areas with steep (>25%) slopes, a drainage way and wetlands and; adjustments to the cul-de-sac length standard, maximum number of units permitted on a cul-de-sac, and to the street grade on SW 74`"Avenue. The Planning Commission moved to deny the applications which failed in a 4-4 tie vote, then moved to approve the applications, which also failed in a 4-4 tie vote. Based on the Commission's by-laws and Robert's Rules of Order, without a majority affirmative vote, the application is denied. Since no motion was approved, no findings in support or against the application were adopted. The City Council is therefore, essentially rehearing this application to make a final determination as to whether or not it meets the relevant criteria of the Development Code. LOCATION: 9750 SW 74' Avenue; WCTM 1 S 125DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. a. Open the Public Hearing Mayor Griffith opened the public hearing b. Declarations or Challenges The Mayor read the following: Do any members of Council wish to report any ex-parte contact or information gained outside the hearing including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? Councilor Dirksen announced that although he had not made a site visit, he was familiar with the area. There were no challenges. C. Staff Report Tigard City Council Meeting Minutes - August 12, 2003 Page 10 Associate Planner Morgan Tracy provided the Council with an overview of the appeal. Issues raised by the Planning Commission were addressed. Topics covered included: • Emergency access • Trees • Drainage Traffic Density • Lot sizes • Compatibility and buffering • Project lacks a "fair trade" to the public Councilor Moore noted his concern about the time and how late the meeting would go. Councilor Dirksen suggested the Council hear testimony until 1 1 p.m. and then continue the hearing. d. Public Testimony Proponents Gregory Kurahashi, 15550 SW Jay, Beaverton, Oregon, from the planning and engineering firm, stated that the project complies with city codes. He addressed the topics listed above by Mr. Tracy and explained some of the project features and adjustments. Mr. Kurahashi provided three handouts related to trees in the area and on the property. The handouts are on file in the City Recorder's office. He concluded by saying that many of the changes made to the project were done to create cohesiveness and meet planning requirements. He asserted the subdivision represents a good design and good environmental control. Walt Senn, P.O. Box 883, Marysville, Washington, Karen Schuster (stated address as 2720 NE 85`", Vancouver, Washington, and listed address as follows), Connie Coleman and Ray Senn, 9750 SW 74"' Ave., Tigard, Oregon, all children of the property owner, offered a history of the property, describing previous logging and development in the area. They stated that a timber deferral exists which would allow clear cutting of the property. They stressed that the property owner should not be penalized because neighbors want to continue to enjoy the benefits of the forested property or because this is the last undeveloped parcel in the area. Opponents John Frewing, 7110 SW Lola Ln., Tigard, Oregon, offered testimony regarding the uniqueness of the trees, setbacks and surface water drainage. He related highlights from a letter which detailed more than 30 reasons to deny the application for the subdivision. A copy of Mr. Frewing's letter is on Tigard City Council Meeting Minutes - August 12, 2003 Page 1 1 file in the City Recorder's office. Mr. Frewing also stated that current setback calculations were improper and presented a map detailing alternate measurements. Mr. Frewing's map is on file in the City Recorder's office. The hearing was continued to September 9, 2003. It was noted that this continuation will not exceed the 120 day rule. 9. COUNCIL LIAISON REPORTS - None 10. NON AGENDA ITEMS - None 11. EXECUTIVE SESSION - Not Held 12. ADJOURNMENT - 1 1:15 p.m. Attest: Greer A. Gaston, Deputy City Recorder Craig E. Dirksen, Council President laywl Date: I:WDM\CATHY\CCM\2003\030812.DOC Tigard City Council Meeting Minutes - August 12, 2003 Page 12