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City Council Minutes - 10/11/2005 1 Agenda Item No..� For Agenda of TI-- ';L:? • Cl)5 A 06 Ikk CITY OF TIGARD OREGON Tigard City Council Meeting Minutes Date: October 11,2005 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Torn Woodruff Absent: -- Agenda Item Discussion U Comments Action Items (follow up) Study Session DISCUSSION OF PROPOSED TIGARD Council consensus was for MUNICIPAL CODE AMENDMENTS staff to proceed as RELATING TO THE BUILDING BOARD OF recommended and APPEALS present this for Council consideration at a future Building Official Lampella presented information City Council meeting. to the City Council. A copy of his September 29, 2005, memorandum regarding term expiration dates for the Board of Appeals is on file in the City Recorder's office. Mr. Lampella recommended a staggered term schedule as outlined in his September 29 memorandum. > ADMINISTRATIVE ITEMS O Updates to the Business Agenda o Agenda Item No. 5 will be set over to the November 8, 2005, Council meeting. o Agenda Item No. 7 — The LCRB consideration should be to: ■ A motion to award and authorize the City Manager to sign a contract for design and implementation services for the water system telemetry Tigard City Council Meeting Minutes October 11,2005 Page 1 r' Agenda Item Discussion U Comments Action Items (follow up) Study Session upgrade to Portland Engineering, Inc. continued o City Center Development Agency - The Agency will not be asked to approve a proposed resolution tonight. Community Development Staff will present a report on the Urban Renewal Plan and Report. The resolution will be presented to the CCDA for approval at its October 18, 2005, meeting. Public Hearing Notice was sent to day; a copy is on file in the City Recorder's office. o Land Use Board of Appeals (LUBA) decision on Ash Creek Estates was to remand one item to the City Council. Mr. John Frewing has filed an appeal with the State Court of Appeals. If the Court upholds the LUBA decision, the Council review of the LUBA remand will be specific to the one item relating to a tree issue. o Mayor Dirksen advised he would like to propose that Tigard be considered as the host City for the 2007 or 2008 Oregon Mayors Association Conference. After discussion, City Council members agreed that Tigard should submit a proposal. Costs would include a reception plus staff support. o Council reviewed the December City Council meeting schedule and agree to cancel the December 27 meeting and change the December 20 meeting from a workshop meeting to a business meeting. o Council members received a copy of the October 17, Agenda: Joint meeting with the Tualatin City Council, Tigard City Council, Tigard-Tualatin School District Board and guests from King City Council. Tigard City Council Meeting Minutes October 11,2005 Page 2 i i Executive The Tigard City Council went into Executive Staff will proceed as Session Session at 6:54 p.m. to discuss labor directed by City Council negotiations and consult with legal counsel in Executive Session. regarding litigation likely to be filed under ORS 192.660(2)(d) and 2(h). Executive Session concluded at 7:22 p.m. Business 1.1 Mayor Dirksen called the City Council and Meeting the Local Contract Review Board to Order at 7:31 p.m. i 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of AIlegiance 1.4 Council Communications a Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Mayor Dirksen: Proclamations 2.1 Proclaimed October 22, 2005 as Make a j Difference Day 2.2 Proclaimed the week of October 10 to 17, 2005 as Start Making a Reader Today (SMART) Week 2.3 Proclaimed the month of October, 2005 as Crime Prevention Month 3. Citizen Communications � Tigard High School Student Envoy Krista Foltz presented a report to the City Council on Tigard High School Activities. A copy of her report is on file in the City Recorder's office. ■ Dana Terhune testified requesting support Tigard City Council Meeting Minutes October 11, 2005 Page 3 for the Tigard Skate Park. She referred to 3. Citizen former Mayor Griffith's support for this Communications program. Ms. Terhune advised that other Continued sports activities are well represented in the Tigard area and urged the City Council to go forward with its support of the Skate Park. There was discussion about a grant program, which could potentially help the Skate Park. The Skate Park was unsuccessful in securing funding from this grant this year. City Manager Prosser noted that the opportunity for applying for this grant occurs annually. Mayor Dirksen noted that the City has agreed to match fundraising up to $150,000. Skate Park Task Force Chair Rich Carlson noted that the City of Tigard Volunteer Coordinator is looking for other potential funding sources.. In the meantime, Mr. Carlson said the question is, "What is Plan B?" He said they hoped to be able to answer that question. ■ Follow-up to Previous Citizen Communication. City Manager Prosser noted the following: In response to an inquiry from Paul Owen regarding sidewalk and right-of-way maintenance along Durham Road, Public Works Director Koellermeier met with Mr. Owen. This item will be scheduled in the near future for further review by the City Council. Tigard City Council Meeting Minutes October 11, 2005 Page 4 1 y I 1 Agenda Item Discussion U Comments Action Items (follow up) 4. Consent 4.1 Approve Council Minutes for Motion by Councilor Agenda September 13, 2005 Sherwood, seconded by 4.2 Receive and File: Councilor Harding, to a. Council Calendar approve the Consent j b. Council Meeting Tentative Agenda Agenda. 4.3 Approve a Funding Request from St. Vincent de Paul from the City's Residential The motion was approved Services Agency Emergency Set-aside -- by a unanimous vote of Resolution No. 05 — 63 Council present. A RESOLUTION APPROVING THE Mayor Dirksen Yes FUNDING REQUEST FROM ST Councilor Hardnig Yes VINCENT DE PAUL FROM THE CITY'S Councilor Sherwood Yes RESIDENTIAL SERVICES EMERGENCY Councilor Wilson Yes Councilor Woodruff Yes SET-ASIDE 4.4 Discontinue the Local Improvement District Formation Process for the Proposed 79" Avenue Local Improvement District— Resolution No. 05 - 64 A RESOLUTION DISCONTINUING THE LOCAL IMPROVEMENT DISTRICT (LID) FORMATION PROCESS FOR THE PROPOSED 79TH AVENUE LID 5. Heritage This item will not be considered this evening. Heritage Tree Program set Tree Program The action item before the City Council was a over to November 8, resolution; however, the City Attorney advised 2005. this should be adopted as an ordinance. 6. Public o City Attorney reviewed process for a Motion by Councilor Hearing— Measure 37 claim. Attorney information Wilson, seconded by Ballot on process is on file in the City Recorder's Councilor Sherwood, to Measure 37 office. move for denial of the Claim -- HI application based on Hat o Mayor Dirksen opened the public hearing. insufficient evidence that a loss of property vaIue o Associate Planner Pagenstecher presented has occurred as a result of the staff report. A written staff report is on the sign code regulation. Tigard City Council Meeting Minutes October 11,2005 Page 5 Agenda Item Discussion a Comments Action Items (follow up) file in the City Recorder's office. 6. Public City Attorney Ramis Hearing — o Public Testimony: confirmed that the above Measure 37 motion was acceptable. Claim Applicant Continued o The applicant declined to make a The motion was approved statement. by a unanimous vote of Council present. Opponent o Robert Leith, 4822 SW Vacuna, Mayor Dnlcsen Yes Portland OR 97219 said he supported Councilor Harduig Yes Ballot Measure 37 as something needed Councilor Sherwood Yes to be done about takings. However, hCouncilor Wilson Yese Councilor Woodruff Yes said lie thinks this matter before the City Council is a code issue rather than a zoning issue. A code issue is not protected under Ballot Measure 37. Mr. Leith noted all businesses in face restrictions, and he did not want visual pollutions. He also encouraged the use of outside appraisers. Mr. Leith said he was speaking as an interested Oregon resident. He urged City Council to draw the line so the Metro area doesn't turn into "Tobacco Road." o Gretchen Buehner, 13249 SW 136" Place, Tigard, OR 97223 referred to her History with billboard issues including"Constitutionality." She objected to signs such as the Fantasy Video on Highway 99W. (The Mayor later clarified that this sign is in the City of Portland.) She noted the City Council efforts to beautify the City of Tigard. Ms. Buehner said the Hi Hat has been in the Tigard community for 35 years; it is well known. She noted the Tigard City Council Meeting Minutes October 11, 2005 Page 6 1 i y Agenda Item Discussion at Comments Action Items (follow up) 6. Public property owners have not attended the Hearing -- City of Tigard Measure 37 hearings and Measure 37 she said the property owners should Claim speak so that citizens can hear what Continued they have to say. She noted this claim would not serve the public. She agreed that this is a code issue and that the code requirements do not have any effect on the property valuation. Rebuttal: None o Staff Recommendation: City Attorney Ramis asked the City Council to weigh the facts to determine if this is a valid claim; whether there has been a demonstration of an impact on valuation. In addition, he questioned whether property ownership issues have been dealt with adequately. Councilor Wilson asked about the chances of the applicant prevailing on appeal if the applicant does not testify at this hearing. City Attorney Ramis advised he did not think it would affect the applicant upon appeal as the Court would hear the matter anew. In response to a question about whether the applicant would have to present a case at court, City Attorney Ramis said, "Yes." Councilor Harding noted she had promised to help beautify 99W and reduce clutter. She said she found it difficult to believe a billboard sign would add $600,000 of value to the property. Councilor Wilson noted Ile did not believe Measure 37 protected income stream on property. He noted the applicant does not refer to property value and only talks about Tigard City Cotuacil Meeting Minutes October 11,2005 Page 7 Agenda Item Discussion & Comments Action Items (follow up) 6. Public potential income. He noted the location of Hearing— a billboard across the street and said it Measure 37 should be a simple matter to discuss Claim difference in valuation through use of Continued comparables to determine fair market value. Councilor Sherwood questioned whether a 20-year lease for a billboard would enhance property value. Councilor Woodruff noted the concern with precedence setting if this was approved, citing the potential for every property to have a billboard. He said he would draw the line and say "No." Mayor Dirksen advised he was respectful of the spirit of Measure 37 and noted that several weeks ago the City Council approved a waiver for a Measure 37 claim, as it appeared this claim met Measure 37 criteria. He said he does not see the same reasoning applicable in this claim; the claimant offers no proof to support the request. Mayor Dirksen added that the City of Tigard might be one of the first cities to face a loss if this goes to trial. He noted he does not support this claim citing quality of life issues. Councilor Woodruff said denial of the claim should not be characterized as opposition to Measure 37. Nothing in Measure 37 addresses generating revenue. He also referred to the past City Council action where a waiver was granted in response to a claim; however, this is different. Councilor Wilson noted the difficult position for the City because no precedence Tigard City Council Meeting Minutes October 11, 2005 Page 8 Agenda Item Discussion 81 Comments Action Items (follow up) 6. Public has been established. He advised this has Hearing— potential for great expense to cities. Measure 37 However, approval of marginal or frivolous Claim cases would erase the regulations put in Continued place to ensure compatible development. Councilor Woodruff noted ambiguity in Measure 37 with regard to restrictions on use of property as it applies to reducing fair market value vs. income producing ability. o Mayor Dirksen closed the public hearing. o Mayor Dirksen noted the City Council would be considering a motion to direct staff to prepare documents in order to pay compensation, waive applicable regulations, or deny the claim. Mayor Dirksen suggested that if the City Council was to move to deny the claim, that the grounds be stated. He recommended that those grounds be that the claim is denied because this is an incomplete claim, based on the fact that the applicant does not provide any evidence of loss of market value. The claimant is encouraged that if he was able to produce such evidence or proof of loss of market value, that he could reintroduce the claim. City Attorney Ramis, in response to a question (See motion above.) from City Manager Prosser, confirmed that a motion was sufficient for the decision by the City Council. 7. Local Mayor Dirksen recessed the Council meeting at Motion by Board Member Contract 8:14 p.m. and called the Local Contact Review Wilson, seconded by Review Board — Board (LCRB) meeting to order. Board Member Sherwood, Contract for to award and authorize Water System LCRB present: Chair Dirksen; Board Members the City Manager to sign a Telemetry Harding, Sherwood, Wilson, and Woodruff." contract for design and Upgrade Tigard City Council Meeting Minutes October 11,2005. Page 9 y i Agenda Item Discussion U Comments Action Items (follow up) 7. LCRB — implementation services Water System Assistant Public Works Director Rager for the water system i Telemetry presented the staff report. A written staff telemetry upgrade to Upgrade report and a September 22, 2005, Portland Engineering, Inc. ' Continued memorandum from Assistant Public Works Director Rager regarding the telemetry upgrade The motion was approved is on file in the City Recorder's office. by a unanimous vote of LCRB members present. Staff recommended the contract be awarded to Portland Engineering, Inc., taking advantage of Board Chair Dirksen Yes a competitive bidding process for this work, Board Members which was done by the Joint Water Harding Yes Sherwood Yes commission. Wilson Yes Woodruff Yes Council members confirmed with the staff that, if approved, the awarding of this contract followed the letter and the spirit of the law and that the JWC contract and scope of work were comparable to the project for the City of Tigard. City Attorney Ramis also noted the opportunity to contest the process was available if there were concerns. Adjournment Council meeting adjourned at 8:25 p.m. (City Council meeting was followed City Center Development Agency meeting. Separate minutes for the CCDA meeting have been prepared.) i ailierine Wheatley, City Recorder Attest: Mayor, Cityy f Tigard Date: DU 1AadmtcelhytccmV20051051011400 Tigard City Council Meeting Minutes October 11,2005 Page 10