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City Council Minutes - 12/04/2007 Agenda Item No, �. ® '` For Agenda of P7 ..•��..=��iia'-...�,,�k�_i_!�.`...� TIGARD CITY COUNCIL SPECIAL /BUSINESS MEETING Minutes December 4, 2007 • STUDY SESSION—No Study Session was held. 1. SPECIAL MEETING 1.1 The Tigard City Council Special meeting was called to order by Mayor Dirksen at 6:35 p.m. L') Roll Call Present Absent Councilor Woodruff ✓ Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ 13 Pledge of Allegiance 1.4 Council Conununications&Liaison Reports—None. 1.5 Call to Council and Staff for Non-Agenda Items - City Manager Prosser reported that he attended the Lake Oswego City Council Study Session earlier in die day. He said die cities of Tigard and Lake Oswego have been discussing.1 water sharing Memorandurn of Understanding,which will come to CoLuicil for approval iii December. I Ie said a change vas made in die draft agreement clarif- ing that Lake Oswego is not transferring water rights to the City of Tigard. I Ie said die Lake Oswego City Council is having a public hearing tonight and Tigard Public Works Director Koellermeier is attending. Councilor Bueliner noted that the Memorandum of Understanding does not commit the City of Tigard to anydling more than discussion of a possible mtergovernment,il agreement City Manager Prosser confirmed that and said it also sets a target crate of June, 2008 to reach a draft intergovernrnenr<al me before the Lake Oswego and Tigard Citi agreement which would co Councils for approval. Tigard City Council Minutes December 4,2007 1 > CITIZEN COMMUNICATION— Mayor Dirksen if anyone in the audience wanted to speak on any item not on the agenda. No one asked to speak. 2. LEGISLATIVE PUBLIC HEARING -- COMPR]7HENSIVE PLAN AMENDMENT CPA2007-00002 — UPDATE THE GOALS, POLICIES AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 7: NATURAL I M ZARDS Mayor Dirksen opened the Public Tearing at 6:38 p.m. The City Attorney was not present so City Manager Prosser read the Public Hearing Rules of Procedure. Councilor Bueluler aclmowledged that there were several high school students in the audience and Mayor Dirksen gave them a brief sununaty of the importance of a comprehensive plan and how the amendment process works. Mayor Dirksen asked if any Council member wished to declare or discuss a conflict of interest or abstention. There was none. Assistant Planner Darnels gave the staff report and said diis section of the Comprehensive Plan related to Statewide Land Use Planning Goal 7: Natural Hazards, which protects people and property fiorn natural hazards. She recounted the work done b}T the citizen policy interest team and staff to create goals, policies and action measures. She said die Planning Commission held a work session on August 20,2007 and a public healing on September 17, 2007. She said the Planning Conntnission's minor changes are summarized in Attachment 1. Council reviewed the Planning CornInission tecotnrnendations from the October 16, 2007 workshop meeting. She said Council's comments can also be found in Attachment 1. Councilor Sherwood said a question arose for her since this amendment was first reviewed by Council relating to the new train switching yard in Tigard. She said CERT training alerted attendees to die disaster potential caused by a leaking railroad car or a train collision. She asked if this particular man-made hazard is covered in tris chapter. Assistant Conuniunity Development Director Bunch said it would be difficult to plan for or list all than-made hazards. He said Policy 1 on page 7-S states that the City "shall design, construct and coordinate die surface transportation system to reduce the potential for mass casualty accidents and to provide the ability to evacuate when necessary." He said Policy 2 says the City "shall encourage cotmrntunication and coordination among a wide variety if agencies to respond to technological and man- made disasters." IIe said there is a liazard mitigation plan wherein the City works closely with ODOT and die railroads and others engaged with transportation of hazardous materials. Councilor Wilson brought up the issue frequently expressed by neighbors about wind throws and tae weakness of trees left standing after development. He asked if it would be good policy to have it discussed in the Comprehensive Plan. Assistant Community Tiprd City Council Alinutes December=4,2007 2 Development Director Brunch said the Tree Board is working on tree preservation goals and action measures. I Ie said it could also be put into die Natural Resources section. Councilor Buchner asked about dangerous trees that place neighboring properties at risk. She said she noticed a tree leaning during the storm yesterday and asked if die City has a policy to protect people from hazardous trees on neighboring property. Assistant Community Development Director Bunch said many cities have hazardous tree policies but it has to be done carefully so the CM, isn't stepping in between two neighbors. He said diene are standards relating to hazardous trees in other juuisdiction's codes and lie agreed to proceed widh an evaluation and bring it back to Council. Public Testimony - Mayor Dirksen asked if anyone present wanted to testify on this chapter of the Comprehensive Plan. No one signed up speak or asked to speak. Assistant Planner Daniels said the staff recommendation is to adopt the arnendinent widh language recommended by the Planning Commission. She said Exhibit A includes die revisions recorninended by the Planning Commission. Mayor Dirksen asked Council if they had any questions or comments. Councilor Woodruff suggested in the sixdi bulleted iters on page 7-5, "Floods are Oregon's most frequently occurring natural disaster." to change die word, "Oregon's" to "Tigard's." He also suggested changing the wording on page 7-7, Iters 12 to read "The City shall encourage pervious and minimize impervious surfaces to reduce storm water runoff." Councilor Woodruff also asked if there should be anything listed under 7-9 Emergencies and Disasters, dint says we will mauhtain and publish evacuation routes. Mayor Dirksen asked if something exists already. City Manager Prosser said we have snow routes but is unsure about evacuation route planning. Mayor Dirksen said this truight be covered under Recommended Action Measure iii on page 7-9, Continue to work with die Washington County Office of Emergency Management ... C. "Coordinate regionwide hazards response." City Manager Prosser said Tigard is It member of die Office of Consolidated Emergency Management and works widh ober jurisdictions ui Washington County in a coordinated way and he said evacuation routes could be a matter brought to tis group. Mayor Dirksen asked Council how die), felt about Cowicilor Woodruff's• cotnnients about Item 12 on page 7-9. Council agreed drat Ills suggested change shOUld be macre. Mayor Dirksen also noted that a stuff recommendation regarding floodplain mapping was drat expertise in that lies outside the City and we should defer to that. Mayor Dirksen closed die Public Heating at 7:00 p.m. '1 iprd Gtv Council Minutes December 4,2007 3 Councilor Buchner made a motion to approve Ordnance No. 07-20, as amended by chscussion at finis meeting aid Councilor Woodruff seconded the motion. City Recorder Krager read the Ordinance and tool: a roll call vote. The motion passed unanimously. Vote Yes No Councilor Woodruff ✓ Mayor Dirksea ✓ Councilor Bueluier ✓ Councilor Slienvood ✓ Councilor Wilson ✓ 3. LEGISLATIVE PUBLIC HEARING — COMPRIIENSIVE PLAN CPA2007- 00004 — UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 11: PUBLIC FACILITIES AND SERVICES iblayor Dirksen opened the Public Hearing at 7:03 p.nn. I Ie reminded everyone that the Rules of Procedure read earlier by City Manager Prosser were still in effect. Mayor Dirksen asked if any Council member wished to declare or discuss a conflict of interest or abstention. There were none. Associate Plamier Wyss gave the staff report on the Comprehensive Plana tlinendnnent before Council to update the goals,policies and recointnended action measures related to Statewide Land Use Philuiing Goal 11: Public Facilities. I Ie said key components of this chapter include Storm-vater Maiagement,Water Supply aid Distribution,Wastewater Management,Cotmmututy Facilities and Private Utilities. He said this amendment went through the review process of community input from policy interest teams,using technical information and issues and values gleaned from surveys and the Tigard Beyond Tomorrow project. It went to the Plauiing Conitnission and then City staff reviewed the language to ensure compliance widi any rules, regulations or agreements that the City is obligated to follow. I-Ie said the minor changes suggested by the Planning Commission are in Exhibit D. I-Ie said Elie Planning Commission held a public hearing and recommended no Rather changes. He also noted that die City is not obligated to follow Statewide Pl<lmiing Goals 3 and 4 but there is filler language for triose goals so the document follows the chapter layout. I Ie said an overview of questions from Council during a November 20, 2007 work session is fouund in Attach ment 1. Associate Planner Wyss said Councilor Buchner forwU' ded some questions to staff and responses are labeled as Exhibit F which was given to Council tonight. Mayor Dirksen asked Council if they had any questions. Councilor Woodruff said it appeared evetyd-ing had been captured. Tigard City Council Minutes December 4,2007 4 Mayor Dirksenn opened the hearing to public testimony. There was none. Associate Planner Wyss said the staff recommendation is to adopt the language forwarded by the Planning Coinnriission with the alternative language found in Attaclnnent 1, which is based on Council discussion from the November 20, 2007 Workshop Meeting. Mayor Dirksen asked Council if the), had any questions or comments. I-Ie said he had a question about Goal 11-1: Policy 6, which states, "Develop and imaintaul a stormwater system that protects development, water resources, and wildlife habitat." He said his recommended change of adding the words, "to the extent necessary..."was not there. F Ie said the word, "necessary" is important. Council concurred and Associate Planner Wyss said staff would incorporate this wording. The Mayor and Councilors thanked staff as well as Committee members and the Planning Conunission for their hard work on amending the Comprehensive Plan. At 7:12 p.m. Mayor Dirksen closed die Public Hearing. Councilor Sherwood made a motion to approve Ordinance No. 07-21, as ainended with changes in Attachment 1, and Councilor Wilson seconded the motion. City Recorder Krager read the Ordiliance and took a roll call vote. The motion passed unanimously. Vote Yes No Councilor Woodniff ✓ Mayor Dirlcsen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Nilson ✓ > NON AGENDA ITEMS Councilor Buchner reported on an Intergovernna-lental Water Board meeting she attended on November 2S, 2007. She said the representative from the Tigard Water District moved to delay several agenda items votes due to pending litigation. Mayor Dirksen asked what issues was tabled. Councilor Buehner replied, "All discussions regarding co-tenancy agreements for the various properties that are stili in the naive of d1e Tigard Water District and within the process of changing the titles." She said the Canterbury property is proceeding in terms of the sale, but the Tigard Water District representative vehemently opposes that. She said it was the decision of the Chair to vote on the Lake Oswego agreement at their next meeting vn December. Tigard City Council lfinutes December=4,2007 5 ,l . ADJOURNMENT Councilor Woodruff moved to adjourn the meeting. Councilor Sherwood seconded the motion.The motion carl7ed unaniunously and the meeting was adjourned at 7:21 p.m. Carol A. Krager, Deputy City Recorder Attest: Mayor, its of Tigard Date: Tigard City Council Minutes December 4,2007 6