City Council Minutes - 09/13/2005 Agenda Item No. 411
For Agenda of 661—
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
SEPTEMBER 13, 2005
Mayor Dirksen called the meeting to order at 6:31 p.m.
Council Present: Mayor Dirksen; Councilors Sherwood, Wilson, and Woodruff.
• STUDY SESSION
> BRIEFING ON MANAGEMENT GROUP COST OF LIVING (COLA)
AND COMPENSATION
Human Resources Director Zodrow and Legal Counsel Bemis
reviewed with the City Council how compensation is set for City of
Tigard employees. Council and staff also discussed a cost of living
adjustment for management/professional employees. Human
Resources Director Zodrow reviewed COLAs granted in other
Oregon cities. Mayor Dirksen noted that City Manager Prosser's
contract is on the business meeting agenda for consideration. If the
contract is approved and a COLA is awarded to the
Management/Professional group, then the City Manager will also
receive the COLA.
After discussion and questions to staff, the Council consensus was
for staff to present a request for a 2.3% adjustment on the September
27, 2005, City Council consent agenda.
> DISCUSSION OF COUNCIL RETREAT
The retreat has been replaced by a training session, which will be
held September 30, 2005.
> ADMINISTRATIVE ITEMS
* Receive and File — Fifth Tuesday Meeting Notes —August 30, 2005
City Attorney submittal of revised findings (distributed) —Agenda Item
No. 6. Changes were noted for Item Nos. 6 and 16. City Attorney
Ramis told the City Council that late today the staff had advised the
City Attorneys the status of one of the subdivisions is different from the
others so an adjustment was made to the findings. Mr. Ramis advised
the revision is not central to the basis of Council's decision. Councilor
Woodruff asked if it would be grounds for another delay. Mr. Ramis
said, "No," but if the staff were to put new evidence into the record and
respond to it, "yes." Mr. Ramis said the better way to deal with it is to
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 1
recognize that it is not central to the decision, so he recommended
taking out references to it to make it correct. Mr. Ramis said that the
record does not need to be changed to amend the findings. In response to a
question from Mayor Dirksen, City Attorney Ramis advised that this does not
have anything to do with the consent to annex or the annexation because
testimony was given by the applicant that he voluntarily is seeking
annexation, which trumps any of those issues.
K Written Testimony for Agenda Item No. 7—Measure 37 Waiver Hearing —
September 7, 2005, letter from Charles T. Wilson distributed to the City
Council
I] Rules of procedure for the Measure 37 claim hearing was distributed to the
City Council. The City Attorney reviewed these rules during the hearing
(Agenda Item No. 7).
O Date for the Joint Tigard-Tualatin School District and City of Tualatin Meeting
was set for October 7. City of Tualatin will host. City Council members were
asked to submit agenda item ideas.
CI Reminded City Council of the League of Oregon Cities Conference,
November 10-12— Hilton Eugene & Conference Center. The theme this year
is: "Cities: Leaders Live Here." Mayor Dirksen and Councilors Sherwood
and Woodruff will attend.
9 Jillian Walker will give the Tigard Student High School Student Envoy Report
(Krista Foltz is unable to attend) —See Agenda Item 3.
❑x Council received information on the shooting simulation machine.
L Reminded City Council of dinner with the Indonesian Delegation, September
26, 2005, 6:30 p.m., Hunan Pearl Restaurant
O This is Rob Williams last meeting as the Tigard Youth Advisory Council
President. See Agenda Item 1.4—presentation by the Mayor to President
Williams.
City Manager Prosser noted there are problems with issuance of visas for
some members of the Indonesian delegation; several individuals will not be
able to make the trip to Tigard as planned.
Council Calendar:
September
11-18 Sun-Sun Family Week Celebration
13 Tuesday Council Business Meeting —6:30 pm, Town Hall
20 Tuesday Council Workshop Meeting —6:30 pm, Town Hall
22 Thursday Citizen Leadership Series— 9 Sessions, Thursday
evenings
26 Monday Indonesian Delegation Dinner—6:30 p.m., Hunan
earl
27 Tuesday Indonesian Delegation Reception —5:30 p.m. —
Library Community Room
27 Tuesday Council Business Meeting—6:30 pm, Town Hall
30 Friday Council Training Session — Noon, 10305 SW 87t"
Avenue, Tigard, Oregon
• EXECUTIVE SESSION: The Tigard City Council went go into Executive
Session at 7:06 p.m. to consult with counsel about current or potential
litigation under ORS 192.660(2) (h).
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 2
Executive Session concluded: 7:23 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council & Local Contract Review Board
meeting to order at 7:30 p.m.
1.2 Council Present: Mayor Dirksen; Councilors Sherwood, Wilson,
and Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
X Mayor Dirksen presented a gift and certificate of appreciation
to Tigard Youth Advisory Council President Rob Williams.
President Williams's term of office is ending and his successor
will be appointed soon.
1.5 Call to Council and Staff for Non-Agenda Items: None
2. PROCLAMATIONS
■ Mayor Dirksen issued the following proclamation:
2.1 Proclaim September 17 to 23, 2005 as Constitution Week
3. CITIZEN COMMUNICATION
■ Tigard High School Student Envoy Representative Jillian Walker gave an
update on Tigard High School activities.
■ Mark Padgett recommended City Council consider changing the
membership for Planning Commission. He recommended membership
be limited to Tigard residents or property owners citing the recent
information that Washington County was changing its policy for planning
in areas of interest. Currently the rules allow for two non residents to
serve on the Planning Commission. He further recommended that the
current Planning Commissioner residing outside of the City limits be
"grandfathered"to serve until the end of the term.
Councilor Wilson and Councilor Woodruff noted they would expect
further information on the County's position regarding planning in the
area of interest.
There was discussion on Mr. Padgett's proposal about changing the
membership rules for the Planning Commission. In response to a
question from Councilor Sherwood, Mr. Padgett said the City Council
might want to consider limiting membership to all Boards and
Committees to Tigard residents. There was discussion on a CP04B
subcommittee formed to review governance options for the Bull Mountain
area. City Manager Prosser clarified that CP04B includes a large
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 3
portion of incorporated City of Tigard. Mayor Dirksen also said he
agreed with Councilor Woodruff and Councilor Wilson in that he hoped
discussions would still be ongoing with the County about planning
responsibility for some of the unincorporated areas near Tigard.
■ Gretchen Buehner noted her concern that the joint meeting with the
Tualatin Council and the Tigard-Tualatin School District was scheduled
once again on a Planning Commission meeting night. Mayor Dirksen
said that when Tigard is hosting the meeting, City Council will avoid
scheduling on the same night as Planning Commission. Tualatin is
hosting the next meeting and they have scheduled the meeting for one of
their regular meeting times. Ms. Buehner also requested that a sign be
posted in Town Hall requesting that cell phones be turned off. Mayor
Dirksen indicated he thought this was a good idea. Ms. Buehner referred
to Mr. Padgett's suggestion about Planning Commission membership.
She recalled that originally non residents were allowed to serve on the
Planning Commission if they were business owners in Tigard.
■ Cynthia Osborne, Rich Carlson, Margaret Ellenson, and Diane Wiering
noted the skate boarding event last Saturday and the supporters who
turned out. They urged that Tigard move forward with the skate park.
■ Alice Ellis Gaut requested Item 4.6 be removed from the Consent
Agenda for separate discussion. She also read information from John
Frewing about "Fanno Creek Buffer Violation," which related to Consent
Agenda Item No. 6. (A copy of Mr. Frewing's statement'is on file in the
City Recorder's office.)
• Follow-up on Previous Citizen Communication —City Manager Prosser:
o Several citizens requested protection and retention of the Gage
property for greenspace in the Bond Park neighborhood. The
property owners have indicated they are not interested in selling the
property to the City.
o Ron Ellis Gaut spoke of his issues regarding the City's pursuit of a
railroad crossing. He received a response at the meeting.
o George and Betty Burke presented City Council with information
about a code compliance issue with their property. City Manager
Prosser noted progress is being made.
o Connie Raemakers and Elizabeth Peloquin appealed to the City
Council and community for support for the Skate Park.
■ Follow-up on Fifth Tuesday Meeting
o Sewer extensions were a discussion topic. City Manager Prosser
noted staff has contacted these citizens.
o Zoning issues were noted; no follow up.
o Skate park support requested.
o Verizon construction activity concerns noted. City Council will be
receiving follow up information on Friday.
o Play structure at library requested; no follow up.
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 4
Tigard Youth Advisory Council President Rob Williams reviewed the Consent
Agenda as noted below. Item 4.6 was removed for separate consideration.
4. CONSENT AGENDA:
4.1 Approve Council Minutes for August 9 and 16, 2005
4.2 Receive and File:
a. Council Calendar
b. Council Meeting Tentative Agenda
4.3 Approve Budget Amendment #1 to the FY 2005-06 Budget to
Increase Appropriations in the Water, Wafer CIP, and Water SDC
Funds for Funding of Certain Capital Water Projects — Resolution No.
05-55
RESOLUTION 05- 55 — A RESOLUTION TO APPROVE BUDGET
AMENDMENT #1 TO THE FY 2005-06 BUDGET TO INCREASE
APPROPRIATIONS IN THE WATER, WATER CIP, AND WATER
SDC FUNDS FOR FUNDING OF CERTAIN CAPITAL WATER
PROJECTS
4.4 Approve Budget Amendment #2 to the FY 2005-06 Budget to Carry
Over Funds in the Public Works Program for Replacement of
Vehicles-- Resolution No. 05 — 56
RESOLUTION 05-56 — A RESOLUTION APPROVING BUDGET
AMENDMENT #2 TO THE FY 2005-06 BUDGET TO CARRY OVER
FUNDS IN THE PUBLIC WORKS PROGRAM FOR REPLACEMENT
VEHICLES
4.5 Approve Budget Amendment #3 to the FY 2005-06 Budget to
Increase Appropriations in the Street Maintenance Division Budget
for Purchase of a Sign Plotter and Computer — Resolution No. 05 —
57
RESOLUTION NO. 05-57 — A RESOLUTION TO APPROVE
BUDGET AMENDMENT #3 TO THE FY 2005-06 BUDGET TO
INCREASE APPROPRIATIONS IN THE STREET MAINTENANCE
DIVISION BUDGET FOR PURCHASE OF A SIGN PLOTTER AND
COMPUTER
4.6 (See discussion and separate consideration below.)
4.7 Authorize the City Manager to Relinquish Temporary Emergency
Turnaround Easements at Arbor Pointe Subdivision
4.8 Approve the Submission of an Application for a Washington Square
Mall Buffer Zone Protection Plan Grant
COUNCIL MEETING MINUTES -SEPTEMBER 13, 2005 page 5
4.9 Adopt the National Incident Management System as the Foundation
for Incident Command, Coordination, and Support Activities and
Establishing Policy that Will Provide Training for Responsible City
Personnel— Resolution No. 05 —58
RESOLUTION NO 05-58 — A RESOLUTION ADOPTING THE
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE
FOUNDATION FOR INCIDENT COMMAND, COORDINATION, AND
SUPPORT ACTIVITIES AND ESTABLISHING POLICY THAT THE
CITY OF TIGARD WILL PROVIDE APPROPRIATE NIMS TRAINING
FOR RESPONSIBLE CITY PERSONNEL
4.10 Local Contract Review Board:
a. Award a Contract for the Construction of the SW Ash Avenue
Sanitary Sewer (Sewer Reimbursement District No. 35) to NW
Kodiak Construction, LLC
Motion by Councilor Wilson, seconded by Councilor Sherwood, to approve
the Consent Agenda, except for Item 4.6, which was removed for separate
consideration.
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
Council discussed Consent Agenda Item 4.6:
4.6 Amend the November 14, 2002 License Agreement for Maintenance
of the Fields Property East of the Library Site
It was noted that the access issue on the Fields' property has a long history.
The granting of access is part of a commitment by the City to Mr. Fields in an
agreement entered into between these two parties at the time Mr. Fields sold
property to the City for the library. In the agreement, this access is restricted
to certain time periods and is provided so Mr. Fields can perform
maintenance on his property, i.e., mowing equipment for fire hazard
prevention. City Engineer Duenas, in response to a question from Councilor
Wilson regarding the term of the agreement, advised that staff is
recommending that the agreement be extended until such time as Mr. Field
acquires access through Metro-owned property or until a road is built, which
provides access to his property.
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 6
Motion by Councilor Wilson, seconded by Councilor Sherwood, to approve
Consent Agenda Item No. 4.6.
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
5. INDONESIAN RESOURCE CITIES EXCHANGE REPORT
Library Director Barnes, Durham Elementary School Teacher Davies, Clean
Water Services Water Resources Manager Vanderplatt reviewed their
recent trip to Indonesia. The cities of Samarinda and Balikpapan have made
substantial progress on their pilot water audit program. In addition, lesson
plans and curriculum were presented to teachers, which related to the
conservation of water and protection of the environment. City Manager
Prosser noted that travel costs are funded by USAid. A delegation of the
two cities is scheduled to come to Tigard September 24-30, 2005, which will
be the last delegation to visit as a part of this program. To wrap up the
program, A Best Practices Conference will be held in Indonesia in
December.
6. Continued from the August 23, 2005, City Council meeting—
CONSIDERATION OF THE FINAL ORDERS REGARDING THE
ANNEXATION OF THE FOLLOWING FOUR PROPERTIES:
FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2004-00004
FILE TITLE: MOUNTAIN VIEW ESTATES SUBDIVISION ANNEXATION
REQUEST: The applicant is requesting to annex two (2) parcels of land
containing 6.94 acres into the City of Tigard.
LOCATION: 12415 SW Beef Bend Road, WCTM 2S110CB, Tax Lot 500;
and (No site address), WCTM 2S110CB, Tax Lot 100.
FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2005-00001
FILE TITLE: ARLINGTON HEIGHTS 3 SUBDIVISION ANNEXATION
REQUEST: A request to annex three (3) parcels of land containing
16.97 acres into the City of Tigard.
LOCATION: On the north side of SW Beef Bend Road and the southern
terminus of SW Summerview Drive. WCTM 2S109DA, Tax
Lot 2100; and 2S110CB, Tax Lots 600 and 700.
FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2005-00002
FILE TITLE: WILSON RIDGE SUBDIVISION ANNEXATION
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 7
REQUEST: A request to annex two (2) parcels of land containing 2.68
acres into the City of Tigard.
LOCATION: 13350 and 13400 SW Bull Mountain Road; WCTM
2S109AC, Tax Lots 100 and 200.
FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2005-00003
FILE TITLE: ALBERTA RIDER SCHOOL/SUMMIT RIDGE SUBDIVISION
ANNEXATION
REQUEST: Annexation of 56 parcels containing approximately 20.75
acres into the City of Tigard.
LOCATION: Alberta Rider School: WCTM 2S109AC, Tax Lot 2100 and
2S109AD, Tax Lot 1300; and Remaining Portions of Summit
Ridge Subdivision: WCTM 2S109DA, Tax Lots 8500, 8600,
8700, 8800, 9400, 9500, 9600, 9700, 9800, 9900, 10000,
10100, 10200, 10300, 11500, 11600, 11700, 11800, 11900,
12000, 12100, 12200, 12300, 12400, 12500, 12600, 12700,
12800, 12900, 13000, 13400 and 13500, and WCTM
2S109DB, Tax Lots 1000, 1900, 2100, 2200, 2300, 2400,
2500, 2600, 2700, 2800, 2900, 3000, 3100, 3200, 3300,
3400, 3500, 3600, 3700, 3800, 3900 and 4000.
ZONING OF ALL PARCELS: R-7: Medium-Density Residential District. The R-7
zoning district is designed to accommodate attached single-family homes,
detached single-family homes with or without accessory residential units, at a
minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of
10,000 square feet. Mobile home parks and subdivisions are also permitted
outright. Some civic and institutional uses are also permitted conditionally.
APPLICABLE REVIEW CRITERIA: The approval standards for annexations are
set out in Community Development Code Chapters 18.320 and 18.390,
Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code
Chapter 3.09.
Mayor Dirksen announced this agenda item.
City Attorney Ramis advised that the City Council had before it a draft final
decision. He advised that the Council received a substituted version of the
final decision with some slight changes in language. He advised the
Council will need to make separate motions on each of the proposed
annexations. The supporting findings are the same for each annexation as
the City held a combined hearing.
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 8
Mayor Dirksen reminded those present that the public hearing is closed.
Opportunities were given for oral testimony and written comments for
which the time period had been extended and is now passed. All City
Council members present indicated they reviewed the information
presented to them and were ready to discuss and consider these
annexations.
Councilor Wilson suggested that all the annexations be discussed
together. City Attorney Ramis confirmed it would be appropriate to discuss
the annexations together, but the motions on each should be considered
separately.
Council discussion followed.
Councilor Woodruff said this has been controversial since before the vote
on Bull Mountain. He acknowledged that some people feel very
passionate about the annexations and he respects their ability to make
their view known. He noted this is a public process. Councilor Woodruff
said he has read all the testimony and staff and attorney responses. He
said that decisions need to meet certain criteria and those are:
• Is it legal; does it meet Oregon statutes and Tigard ordinances?
• Does it make sense?
• Is it consistent with Tigard and other jurisdictions?
• Is it in the best interest of the residents of Tigard?
Councilor Woodruff advised that the annexations before the City Council
tonight meet all of those criteria. He said that this is not anything new as
the City has done business this way as do most of the jurisdictions
throughout the state: When parcels become available adjacent to a City
boundary, those parcels are annexed and become a part of the City. He
acknowledged testimony of some people who thought there was some
conspiracy going on and the City had some kind of plans that "We were
going to do something scurrilous that was going to result in us annexing all
of Bull Mountain against everyone's will. And, I can assure you that there
is no conspiracy process underway here. This is nothing new...we would
be doing the same process we're doing here if this was a parcel on the
other side of Tigard." He noted the time and energy devoted by everyone
and said he was ready to move ahead.
Councilor Sherwood said she concurred with Councilor Woodruff's
comments. She said that the City was not doing anything different than
what it had been doing for years. She said that she read through all the
information presented and she agreed that there is no reason for not
annexing in that the City would not be making islands, would not be
annexing Beef Bend Road, and would not be annexing Bull Mountain
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 9
Road. Owners of these properties have asked to be annexed. She said
she saw no reason not to proceed with the annexations.
Councilor Wilson said that over the course of the hearings a lot of
testimony was heard by the City Council. He said it was similar to the
testimony heard in opposition to the Annexation Plan, which was
considered last November. These properties are being proposed to be
annexed under ORS 222, which is not the same as the Annexation Pian,
which was under ORS 195. The criteria for ORS 222 are simple in that
you have to have consent of all of the property owners and 50 percent of
the electors who live in the district. In these cases, consent has been
given by every one of the owners and also every one of the electors. The
criteria, clearly, has been met. The City has the authority to annex the
territories. However, this does not necessarily mean the City should
annex. He said that it was important at this juncture to articulate a clear
policy as to why it is in the interest of the citizens of Tigard to annex them.
Councilor Wilson said that, for him, it has always been fundamentally not
about acquiring new territory or for control, but it has always been about
provision of urban services and how those services get paid for. He said,
"In short, it's about money." He advised that he often likens the City to a
large homeowners association where we elect to provide services'for
ourselves and each of us pays our dues. We have a neighboring
association that uses our facilities and does not pay for them. He said that
he has always felt that that inequity needs to be corrected. As long as
there are territories that are urban next to cities, it will be a problem. He
said that if you look at the City of Tigard's Budget, the City collects about
$10 million in property taxes each year. Of the property taxes collected,
$9 million is used to fund the Police Department. The City also spends
General Fund money maintaining parks. The third General Fund item is
the Library, which is about $2.5 million. One-half of the Library operation
is funded through the County and the other half is funded through property
taxes. Councilor Wilson said that with regard to police, which is the big
ticket item, he said that every citizen in cities pays the County for Sheriff
Patrol, but the Sheriff Patrol does not patrol the cities. In essence, the
cities are subsidizing police services in the unincorporated portions of the
County. If the County was to fund the one-half officer per thousand
residents in the City that it funds in the County, then the City of Tigard
could cut its property taxes by one-third. Councilor Wilson said that as
long as this inequity exists, then he supports annexation and he supports
the proposed annexations also.
Mayor Dirksen said that he heartily agreed with the preceding remarks
made by the Council members and said he had nothing to add.
City Attorney Ramis confirmed that the ordinance titles should be read
upon City Council consideration.
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 10
Council consideration:
Ordinance No. 05 - 09 (Mountain Estates Subdivision Annexation)
Councilor Sherwood moved for adoption of Ordinance No. 05-09.
Councilor Woodruff seconded the motion.
City Recorder Wheatley read the following:
Ordinance No. 05-09 --An Ordinance Annexing 6.94 acres,
approving Mountain View Estates Annexation (ZCA 2004-00004),
and withdrawing property from the Tigard Water District,
Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District,
Washington County Street Lighting District#1, and the
Washington County Vector Control District
The motion was approved by a unanimous roll call vote of Council
present:
Mayor Dirksen: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
Ordinance No. 05-10 (Arlington Heights 3 Subdivision Annexation)
Councilor Woodruff moved for adoption of Ordinance No. 05-10,
Arlington Heights 3 Subdivision. Councilor Sherwood seconded the
motion.
City Recorder Wheatley read the following:
Ordinance No. 05-10 --An Ordinance Annexing 16.97 acres,
approving Arlington Heights 3 Annexation (ZCA 2005-00001), and
withdrawing property from the Tigard Water District, Washington
County Enhanced Sheriff's Patrol District,Washington County
Urban Roads Maintenance District,Washington County Street
Lighting District#1, and the Washington County Vector Control
District
The motion was approved by a unanimous roll call vote of Council
present:
Mayor Dirksen: Yes
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 11
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
Ordinance No. 05-11 (Wilson Ridge Subdivision Annexation)
Motion by Councilor Wilson to adopt Ordinance No. 05-11. Councilor
Sherwood seconded the motion.
City Recorder Wheatley read the following:
Ordinance No. 05-11 --An Ordinance Annexing 2.68 acres,
approving Wilson Ridge Annexation (ZCA 2005-00002), and
withdrawing property from the Tigard Water District, Washington
County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street
Lighting District#1, and the Washington County Vector Control
District
The motion was approved by a unanimous roll call vote of Council
present:
Mayor Dirksen: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
Ordinance No. 05-12 (Alberta Rider School/Summit Ridge
Annexation)
Motion by Councilor Sherwood to adopt Ordinance 05-12. Councilor
Wilson seconded the motion.
City Recorder Wheatley read the following:
Ordinance No. 05-12 --An Ordinance Annexing 20.75 acres,
approving Alberta Rider Elementary School/Summit Ridge
Annexation (ZCA 2005-00003), and withdrawing property from the
Tigard Water District, Washington County Enhanced Sheriffs
Patrol District, Washington County Urban Roads Maintenance
District, Washington County Street Lighting District#1, and the
Washington County Vector Control District
The motion was approved by a unanimous roll call vote of Council
present:
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 12
Mayor Dirksen: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
7. PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER AN ORDINANCE
ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 WAIVER OF
THE R-25 ZONING RESTRICTIONS FOR A PROPERTY AT THE
INTERSECTION OF SW SCHOLLS FERRY ROAD AND 135TH AVENUE
CLAIM:
The Claimant seeks a waiver and/or change in the underlying zoning and
comprehensive plan designation on a 10.45 acre site from the present high-
density R-25 residential zoning to C--C or C-G commercial zoning to allow a
commercial shopping center, various tenants/uses, as well as retail sales,
vehicle fuel sales and signage of the C-C or C-G commercial zone. The
amount claimed as compensation without such waiver or change is
$4,562,360.00.
AFFECTED REGULATION:
Residential R-25 zoning; Comprehensive Plan designation as residential;
Transportation System Plan and Development Code access restrictions,
any other zoning and building code restrictions or overlay zones that
preclude a commercial use; sign code restrictions.
LOCATION:
Lot 63, Hawk's Beard Townhomes; WCTM 1S133AC, Tax Lot 14500. On
the south side of SW Scholls Ferry Road, between SW 130th and 135th
Avenue.
ZONING DESIGNATION:
R-25: Medium High-Density Residential District. The R-25 zoning district is
designed to accommodate existing housing of all types and new attached
single-family and multi-family housing units at a minimum lot size of 1,480
square feet. A limited amount of neighborhood commercial uses are
permitted outright and a wide range of civic and institutional uses are
permitted conditionally.
APPLICABLE REVIEW CRITERIA:
Tigard Municipal Code Chapter 1.20.
a. Mayor Dirksen opened the public hearing.
b. City Attorney Ramis reviewed the Rules of Procedure. The text of
these rules is on file with in the City Recorder's office.
C. Declarations or Challenges
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 13
Do any members of Council wish to report any ex parte
contact or information gained outside the hearing, including
any site visits? None reported.
Have all members familiarized themselves with the
application? All members presented indicated they were
familiar 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? There
were no challenges.
d. The Staff Report was presented by Community Development
Department staff. The text of the Staff Report is on file in the City
Recorder's office.
e. Public Testimony
• The applicant, represented by Mike Van, 3860 SW Boeckman
Road, Wilsonville, OR 97070, spoke to the City Council in
support of the staff's recommendation, but requested that the
waiver (as outlined in the proposed ordinance) be permanent
and run with the land. He said he would like to withdraw the
Measure 37 claim with regard to access restriction. He noted
he would agree to the CG zone requirements if the waiver is
permanent and runs with the land. He said Measure 37 is
moot on this point and believes it will be tested in court.
• Note: Charles T. Wilson testimony received, which will be
entered into the record.
• Gretchen Buehner, 13249 SW 136th Place, Tigard, Oregon
advised she,is a resident and is also a real estate business
attorney. She said she understands the City must waive the
land use regulation or pay the landowner for reduced value of
property due to a land use regulation. She noted her
objections to allowing this parcel to be developed
commercially citing the number of similar stores that have
been built within a mile of this location. She also noted
concerns with traffic congestion. She said the types of
business that would be attracted to this site would not be in the
best interests of Tigard.
Eric Winger, 11090 SW 131St Place, Tigard, Oregon, testified
in opposition to a change in zoning citing the following:
COUNCIL MEETING MINUTES -SEPTEMBER 13, 2005 page 14
1. Traffic congestion. He referred to a map and described
current traffic conditions.
2. Sight distance concerns (relating to safe travel).
3. The proximity of wetlands and concerns about the
presence of gas tanks.
Mr. Winger advised that the requested change would not be in
the best interests of the community.
• Wade Longworth, 11056 SW 1315` Place, testified regarding
concerns on the impact this proposal would have on the
Summerlake area and its natural resources: the creek,
wildlife, and drainage.
• Lee Sherman, 10675 SW 133d Place, Beaverton, OR 97008,
testified he has lived at this address for ten years and during
that time, there has been a significant increase of traffic on
Scholls Ferry Road. He advised of his concerns with the
proposed changes with regard to how it would impact traffic
flow. He reviewed rezoning concerns and said he was
disappointed the owner was not here and noted that the owner
lists his address as Clackamas. He said he was opposed to
rezoning this property from residential to commercial. He said
he would not want to see another strip mall. He cited the City
Council goal for seeking parks and open space, which would
be a better use of this land. He referred to current businesses
located in the area, including a daycare/preschool and the
potential problems that would come with a shopping center
development. He referred to the more than $4 million value of
the property claimed by the applicant and said he thought that
this seemed like an exorbitant amount. He said he was totally
opposed to a change in use.
• Clinton Pearson, 11076 SW Eschman Way, Tigard, OR
97223, testified citing his profession as an architect and that
he had designed or participated in the design of retail stores
including those in Bethany village and the Woodburn stores.
He noted that he lives one block away. He advised that his
wife was hit in a traffic accident on Scholls Ferry Road. He
said he has a number of issues including concerns about
traffic and another development similar to the types of
development already present. He noted the need to respect
homeowners in the area including not obstructing the views
from their property. He noted the unpleasantness of looking at
blank walls as the view from the residential property. He
referred to the importance of pedestrian friendly conditions. He
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 15
noted that the property is now an empty lot connected to a
wetlands area and requested a pedestrian friendly park
connection. He referred to property to the west and his
concerns about what might happen there.
• Holly Clark, 10855 SW 130th Avenue, Tigard, Oregon 97223,
said she moved into a town home in Tigard and loves Tigard.
She said the community offers open space and that she would
hate to see it go away. She agreed with testimony about
concerns for traffic impacts. She urged the City Council to
consider exercising the right to eminent domain and to
develop this land into a park.
• Alice Ellis Gaut, 10947 SW Chateau Lane, Tigard, OR 97224,
suggested a review to determine whether Federal
environmental regulations would be sufficient to warrant a
reevaluation of consideration of a waiver of land use
regulations. She also noted concerns about fuel seepage.
• Mr. Van responded to testimony in the following rebuttal
points:
o Mr. Grabhorn has owned this property since 1952. He
has provided property for environmental uses and also
dedicated property for right of way purposes.
o Accommodations can be made to meet City code
requirements for traffic, landscaping, and screening.
• Mr. Winger testified that Measure 37 has not been in effect for
that long and advised that legal ramifications are still being
worked through. He urged the City Council to use caution in
making a change this early and also to consider environmental
impacts, which have not been addressed.
• Ms. Ellis Gaut said she did not believe that Mr. Van's rebuttal
comments were proper.
• Mayor Dirksen noted, for the record, receipt of testimony from
Mr. Charles Wilson. Mr. Wilson's letter is on file in the City
Recorder's office.
f. Staff Recommendation: Planning Manager Bewersdorff noted staff
also has concerns about traffic and environmental impacts. He
referred to the site development review process, which would apply if
the site were to be developed commercially. He further
recommended that the waiver be granted to the person rather than to
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 16
run with the land as a permanent waiver and he referred to legal
issues that might need to be resolved. Mr. Bewersdorff advised the
City Council needed to make a decision on this matter noting that a
180-day time limit applies to this application.
City Attorney Ramis clarified that the main issue before the City
Council is the transferability of the waiver. If the waiver is transferred
and attached to the land, then the commercial zoning becomes a
legal, permitted use. If the waiver is granted to the property owner,
then the commercial zoning becomes a non-conforming use and is
then subject to additional regulations.
g. Council discussion:
Councilor Wilson noted that this is the City's first Measure 37 claim
and needs to be considered carefully because of precedence-setting
ramifications. He noted the problem with the City's ordinance
addressing Measure 37 insofar as it does not address how the value
of the land is to be determined and that the market data provided by
Mr. Grabhorn does not appear to be in line with comparable
properties. He acknowledged that with regard to financial gain, Mr.
Grabhorn has presented evidence that he could make more money
on this property if it was developed as a commercial use. Councilor
Wilson said he concurred with concerns about traffic impact and that
this will be the biggest problem.
Community Development Director Hendryx noted how traffic impact
fees are applied and Planning Manager Bewersdorff described the
development review process and traffic impact fee assessment.
There was reference to past review by the Planning Commission with
regard to traffic impacts. In addition, there was reference to the City's
ordinance relating to a property appraisal for a Measure 37 claim.
Changes should be considered to clarify property appraisals and
additional ways to recover costs of impacts.
Councilor Woodruff commented that Mr. Grabhorn has been the
property owner for 53 years. He noted the City must make sure it
adheres to the law. He pointed out that the testimony received
tonight would be reviewed during the design process.
Councilor Sherwood advised that this is not a land use issue before
the City Council; rather, it is a claim. She noted the City could not
pay the $4.6 million to purchase the property. She noted her
disagreement with Measure 37. Councilor Sherwood also advised
that when this is to be heard as a land use issue, property rights and
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 17
free enterprise must also be considered. She advised she would be
in favor of granting the waiver to Mr. Grabhorn and not to the land.
Councilor Woodruff noted that this is private property and not subject
to eminent domain. The property owner has the ability to make
choices as to how the property is to be developed.
Mayor Dirksen commented on the passage of Measure 37 and noted,
that it is likely that some who are present at tonight's meeting likely
voted in favor of this measure. He suggested that the matter.before
the City Council at this time could be the "poster child" of what
Measure 37 was attempting to address and it seemed to him literally
impossible to make an argument against granting a waiver. In
additional comments regarding voters approving Measure 37, Mayor
Dirksen agreed that there were issues that needed to be addressed
with regard to property rights; however, he believed that Measure 37
represented taking a sledge hammer approach to an issue that could
have been corrected with a scalpel. He said that if a waiver is to be
granted in this instance, not all regulations will be suspended in that
the limitations and conditions for commercial zoning must apply and
those will be addressed. He concurred that the waiver should be
granted to the property owner.
h. Mayor Dirksen closed the public hearing.
i. Council consideration:
Motion Councilor Woodruff to adopt Ordinance No. 05-13. Councilor
Sherwood seconded the motion.
City Recorder Wheatley read the following:
ORDINANCE NO. 05-13 —AN ORDINANCE ADOPTING FINDINGS
TO GRANT A BALLOT MEASURE 37 WAIVER OF THE R-25
ZONING RESTRICTIONS TO BURTON GRABHORN FOR 10.5
ACRES AT THE INTERSECTION OF SCHOLLS FERRY ROAD
AND 135TH AVENUE (LOT 63, HAWK'S BEARD TOWNHOMES,
AND TAX LOT 14500, WCTM 1 S133AC) TO ALLOW A
COMMERCIAL SHOPPING CENTER, VARIOUS TENANTS/USES,
AS WELL AS RETAIL SALES, VEHICLE FUEL SALES AND
SIGNAGE OF THE C-G GENERAL COMMERCIAL ZONE SUBJECT
TO APPLYING FOR AND RECEIVING SITE DEVELOPMENT
REVIEW APPROVAL (M372005-00003)
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 18
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
8. CONSIDER APPOINTING CRAIG PROSSER AS TIGARD CITY
MANAGER
Council members reviewed and commented on the public the process for
selecting a new City Manager, which included a nationwide search.
Members of the community assisted the City Council in the evaluation
process and two candidates were clearly the top choices. Mr. Prosser
served as interim City Manager for the last several months and he has the
respect and admiration of people in government in the metro area. Mr.
Prosser demonstrated to a citizen panel and the City Council that he
deserved to be appointed to the City Manager position. The City Council
was pleased that Mr. Prosser is willing to continue to serve.
Motion was made by Councilor Sherwood to appoint Craig Prosser as
Tigard City Manager. Councilor Wilson seconded the motion.
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff Yes
City Manager Prosser expressed appreciation to the City Council and the
citizens of Tigard and noted his dedication to public service.
Mayor Dirksen administered the oath of office to City Manager Craig
Prosser.
9. LOCAL CONTRACT REVIEW BOARD (LCRB) ITEM
Removed from the August 9, 2005 consent agenda for separate
consideration- CONSIDER AUTHORIZING REIMBURSEMENT TO
VENTURE PROPERTIES FOR WATERLINE CONSTRUCTION
THROUGH SUMMIT RIDGE SUBDIVISION DEVELOPMENT
Assistant Public Works Director Rager presented the staff report to the Local
Contract Review Board (LCRB). LCRB rules provide that when a developer
is required by condition of approval in a land use action to construct public
improvements, the City can consider the developer a sole source and is not
required to bid the work in a competitive process. Venture Properties was
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 19
conditioned to install an 18-inch public transmission line through their
Summit Ridge Subdivision development that will support the 550-foot
pressure zone improvements in that area. Venture Properties completed
that work and the waterline is now ready for use.
The City will reimburse only for the cost of over-sizing. Mr. Rager provided
an August 26, 2005, memorandum to the City Council explaining the LCRB
rules that provide for this reimbursement process. A copy of this
memorandum is on file in the City Recorder's office.
Mr. Rager described his misunderstanding about the reimbursement for
over-sizing. The reimbursement amount of$124,665.06 is the
recommended amount regarding the costs incurred by the developer for
over-sizing. A developer is to be reimbursed for costs added for a pipe size
over 12 inches; however Condition No. 29 for the Summit Ridge Subdivision
provided that the applicant would be reimbursed the difference in cost to
upsize the line from 8 inches to 18 inches. Mr. Rager clarified (which is a
change from the staff report on this item) that the expenditure related to this
item can be shown in the 2004-05 fiscal year, since that is when the
expense occurred.
Motion by LCRB Chair Dirksen, seconded by Board Member Sherwood, to
authorize reimbursement to Venture Properties for the construction of a
large diameter transmission waterline through the Summit Ridge
Subdivision development.
The motion was approved by a unanimous vote of LCRB members present:
LCRB Chair Dirksen: Yes
LCRB Board Member Sherwood: Yes
LCRB Board Member Wilson: Yes
LCRB Board Member Woodruff Yes
10. COUNCIL LIAISON REPORTS: None
11. NON AGENDA ITEMS None
12, EXECUTIVE SESSION: Not held.
COUNCIL MEETING MINUTES - SEPTEMBER 13, 2005 page 20
13. ADJOURNMENT: The City Council meeting adjourned at 10:16 p.m. A
City Center Development Agency meeting was held immediately following
the Council meeting.
Catherine Wheatley, City Recor r
i
Attest:
yor ity of Tigard
Date: j 0, 11 os-
COUNCIL
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