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City Council Minutes - 02/10/2015 City=f Tigard Tigard City Council Meeting Minutes b February 10, 2015 STUDY SESSION At 6:32 p.m. Mayor Cook read the citation for an Executive Session called under ORS 192.660 (2) (h) pending litigation or litigation likely to be filed. Council Present: Mayor Cook, Council President Snider, Councilors Henderson,Goodhouse and Woodard. Staff Present: City Manager Wine,Assistant City Manager Newton,Assistant to the City Manager Mills, City Attorney Ramis, CIS Attorney Wagner and City Recorder Krager. Oregonian reporter Nuran Altier was in attendance. The executive session ended at 6:53 p.m. COUNCIL LIAISON REPORTS • Council President Snider asked if another councilor could fill in for him at the March 11 Library Board meeting to discuss the budget and reinstating Thursday hours. Other council members are out of town or at other meetings. Councilor Woodard has a 5:30 p.m. Intergovernmental Water Board meeting but may be able to attend later. Council President Snider will provide talking points. • Councilor Henderson said the CDBG grant award decisions are complete but cannot be made public yet. Council congratulated him on being elected chair of the Willamette River Water Coalition (WRWC). • City Manager Wine said that two members of the Tigard Youth Advisory Council will be able to travel to Washington DC on March 9-12,joining youth from Beaverton and Hillsboro as youth delegates to the National League of Cities Conference. Tigard High School Envoy Carter Kruse will be there and will meet President Obama. She said this was made possible by Councilor Henderson's donation of his city travel budget. Council President Snider suggested they give a verbal report at a future council meeting. • Councilor Goodhouse reported he is continuing Tigard facility field trips including the Lake Oswego-Tigard Water Partnership sites, the library,public works facilities and an urban renewal area tour with Community Development Director Asher and Redevelopment Project Manager Farrelly. More familiarization field trips are scheduled. • Council President Snider said he attended the Joint Water Project Oversight meeting to discuss the treatment plant construction delays. He said everything has been bid and there should be no new surprises. Mayor Cook added that that pump station work will soon begin in Tigard,impacting Bonita Road between I-5 and Hall Boulevard. • City Manager Wine said she was a member of a city team travelling to San Francisco for a bond presentation. She encouraged council to read the official statement which is a great TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 22 overview. Tigard received a slight upgrade and there will be a report to council in the Thursday packet. BRIEFING ON AN AGREEMENT WITH PGE FOR A BACKUP POWER SOURCE FOR A WATER PARTNERSHIP FACILITY Water Partnership Project Manager Koellermeier said this is the second of two emergency backup power source agreements coming before council and this one is for the treatment plant. He summarized highlights from the agenda item summary. The power source will provide 24/7, 365 days a year,post-earthquake coverage. There will be no engine because it is in a residential neighborhood and noise would be an issue because the amount of energy needed would require a giant generator. The total cost is $530,000 and Tigard's cost is $327,000 which is budgeted in the program budget. Councilor Henderson asked if this was a double feed and Mr. Koellermeier said it was and will come from two different substations. Council President Snider noted that the backup power source for the RIPS (river intake pump system) has already been approved by council. Mr. Koellermeier will place this agreement on the consent agenda of February 24,2015. Administrative Items: A. Potential Topics for Fifth Tuesdays Assistant to the City Manager Bengtson will help schedule the individual council meetings. Council President Snider said he would like to use a Durham Elementary PSO meeting or try a text-in meeting. Councilor Henderson Topics will include: 1) SW Corridor alignments,2) City recreation study;3) Options for paying for walkability improvements such as sidewalks B. Upcoming Council Absences Councilor Goodhouse and Councilor Woodard will be absent on March 10. Council President Snider will be absent on March 24. The Study Session ended at 7:33 p.m. 1. BUSINESS MEETING 19 A. At 7:37 p.m. Mayor Cook called to order the City Council and Local Contract Review Board. B. City Recorder Krager called the roll: Present Absent Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov Page 2 of 22 D. Mayor Cook asked Council and Staff for Non-Agenda Items. There were none. Mayor Cook welcomed Boy Scout Troop 419 from Tigard. 2. CITIZEN COMMUNICATION A. IR Follow-up to Previous Citizen Communication—City Manager Wine reported on a sidewalk issue in the Summerfield neighborhood. Public Works is working on a solution and the neighbor and the Summerfield Association developed an alternative. She also reported that the Ascension Drive deer crossing sign has been relocated as a response to a request from a neighbor. B. Turd High School Envoy—ASB President Carter Kruse gave an update on THS activities. He said the badminton tournament and clothing drive were successful. Upcoming at THS is the Human Rights Week assembly. He started Tigard High's first video announcement,which is a daily podcast called Monday Morning Live. For Valentine's Day students can buy a can of Crush soda for their crush and pay a little extra to keep in anonymous. Students are making valentines cards for Doernbecher Children's Hospital patients.The National Honor Society is hosting a blood drive and anyone can sign up at THS. February 15 is the"senior"prom and President Kruse asked council to invite any senior citizens they think would like to attend. C. Tigard Area Chamber of Commerce—Mayor Cook announced that the Chamber of Commerce report is rescheduled to the next council business meeting. D. Citizen Communication—Sign-up Sheet. EM Robert Van Vlack, 15585 SW 109`h Avenue, Tigard,OR 97224 thanked the city for the cooperation received for the sidewalk issue in Summerfield. He said the resident was not extremely happy with the results,but a cost- effective repair was made. The damage was not determined to be caused by construction. Mr. Van Vlack said Summerfield is 55 and older community of 1700 residents. He said the cost of water, food and taxes keeps rising but their income does not. He found it alarming that the city manager's contractual salary is being raised. Mayor Cook noted that the City Manager's salary will be discussed later in the meeting as Agenda Item No. 8. 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) Mayor Cook read the list of consent agenda items. A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 3 of 22 • November 18,2014 • December 9,2014 • January 6,2015 • January 20,2015 C. CONSIDER APPROVAL OF METRO INTERGOVERNMENTAL AGREEMENT FOR PLANNING AND PUBLIC INVOLVEMENT WORK—SW CORRIDOR PLAN RESOLUTION No. 15-05 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH METRO TO FUND THE SECOND PHASE OF PLANNING ACTIVITIES RELATED TO THE SOUTHWEST CORRIDOR PLAN AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT D. LOCAL CONTRACT REVIEW BOARD—CONSIDERATION OF BROWNFIELDS INITIATIVE CONTRACT AWARD No items were pulled for separate consideration. Councilor Woodard moved for approval of the consent agenda. Council President Snider seconded the motion.The motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 4. CONSIDER A RESOLUTION TO ADD TWO CITY-OWNED PROPERTIES TO WOODARD PARK FJ Parks Manager Martin introduced this request which would add two city properties, six acres total, to Woodard Park. He said the land was purchased by the city for sewer infrastructure work and stream restoration projects and is adjacent to the existing Woodard Park. The land was owned in the past by the Woodard family which has a history of military service and service to the city. Edward Woodard,Sr.was a Tigard mayor and the namesake for Woodard Park. One son served on the planning commission and a grandson is a current city councilor. The Woodard home was located on the property and the city had to remove it to do the work. The family requested that it be added to Woodard Park. Mayor Cook said he brought this up at a council study session where Councilor Woodard was not in attendance so there was no bias.The council thought that having land contiguous to a park and rename it something else was confusing at best. The family wrote a letter requesting TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.*rd-or.gov Page 4 of 22 that this be made part of Woodard Park and stated what Parks Manager Martin noted and more about service and family involvement in Tigard. He said it would be an honor to continue that heritage and make the contiguous land to be part of the same park. Councilor Henderson asked if there were any Woodard family members in attendance. Mayor Cook asked them to stand and everyone applauded. Councilor Woodard said he had no idea council had this discussion. He said a relative wrote the biography and his dad gave some information even he was not aware of. He said his dad is not one to stand and call attention to himself but he also won the Heart Award in 1995 which is given to those with 25 years of service to the community. His dad followed after his grandfather serving the community and he said his grandfather would be very proud. He said he hopes the next generation will give something back to the community as well Mayor Cook moved for approval of Resolution No. 15-06. Council President Snider seconded the motion. Councilor Henderson commented that the only cost is about$600 for a sign and asked what it would look like. Parks Manager Martin said it would be the typical park name sign and would be placed on Walnut Street. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 15-06—A RESOLUTION TO ADD TWO CITY-OWNED PROPERTIES,TAX LOTS 2S102BB00700 AND 2S102AA02900,TO WOODARD PARK Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Woodard handed out City of Tigard lapel pins to Woodard family members in attendance. 5. DISCUSSION ON ANNEXATIONS Assistant City Manager Newton and Associate Planner Pagenstecher gave a brief summary of the memo in council's packet to give context to the public. One of the six issues identified in council's goal setting session was annexations and discussing a policy to move forward on that issue. Assistant City Manager Newton said the memo includes a summary of the legal framework of annexations,including state law,intergovernmental agreements, Comprehensive Plan,Development Code and regulations. A history of city annexations,by decade,was included from 1984,at which time the records were the best. Unincorporated territory within the city boundaries,including TIGARD CITY COUNCIL MINUTES- FEBRUARY 10, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 5 of 22 off because the county did not agree. Yet in 2013, they wanted us to annex islands. What changed? Associate Planner Pagenstecher said the county would not issue an affirmative letter supporting island annexation so council at that time chose not to proceed. Councilor Henderson remembered that there were incentives for three years and at the time there was no will to force annexation if we could just ask them to come in voluntarily. Mayor Cook said Forest Grove just annexed 43 islands and asked if staff was aware of any other cities in Washington County annexing unincorporated areas. Associate Planner Pagenstecher said he was unaware of any besides Hillsboro. Councilor Woodard asked if the city could say they will not approve a development in an unincorporated area until the county coordinates on certain things. Associate Planner Pagenstecher agreed that more formal discussion should happen. He said we have interest in our borders and we want good planning practice to occur. It is not always compatible with owners' and developers'interests. 10 Council President Snider said this has been a community conversation for a long time. At some point the council needs to have courage to address the island issue but he is unsure if the time is now. He commented that it is problematic to have large areas receiving urban services that are outside and not part of the city. It makes sense that someone would not want to annex into the city because they are already getting everything that they need. He doesn't completely agree but it could be argued that they are already getting city services but not paying for them. He asked if there are specific decisions or directions being sought from council. Mayor Cook said the council asked to talk about it. Assistant City Manager Newton said she was hired in 1980 as an intern and processed 22 annexations that year. The property with the signed consent waiver(Tuscany)was not contiguous with the city but is now with the annexation of River Terrace. It would be good for council to provide direction on annexation of Tuscany. She noted that in 2012 island annexation was deemphasized by council and the Community Development Director as a workload issue and it would be good to get some guidance there. Annexation of the large unincorporated areas continues to be a question. This is also a workload issue and if council is interested,the Finance Department can program that. Also, the outdated agreement with the county creates issues and we have direction now to update. Council President Snider said we need to proceed with research on one or both larger areas now and thinks we need to move forward and take action about islands. 10 Councilor Woodard agreed but said there is a big difference among the islands. He is interested in talking to property owners in Arlington Heights and Fern Street to see what they are thinking. He said Tuscany has a no remonstrance agreement and is fair game. If the city can bring them in it is timely. He said, "As far as the large unincorporated areas, I don't think we can financially get there, financially. Our hands are full." 10 Mayor Cook noted that while the city has offered incentives over the years we have not said what we will do if they do not annex. He said an owner of a house sitting in the middle of the city in an island is still using the roads and services and should be paying for them. Council President Snider said it is an equity issue. Mayor Cook said he is not talking about islands created by cherry stems, but islands completely surrounded by the city. He said he could lean towards moving forward on that. As to the bigger areas issue,he said it is cheaper to annex next year than ten years later. But he TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 7 of 22 wants to do things in a different manner than previous councils and create a partnership rather than a take-over. EMCouncilor Henderson said we have the studies from 2004 and 2006 but we need to know what it is today. Are we having conversations about inflation,maintenance and planning? As time goes by, we will have new laws and rules and we need to consider these. He said Bull Mountain is more palatable but Metzger is an investment to consider carefully because of the cost to bring them up to standard. He said he did not think we can talk to the county until we have all the facts. He said he looks at it as everyday they are not in the city,it is costing Tigard thousands of dollars. We don't count it until they come in because we will have to pay that to bring them up to standard. 10 Councilor Woodard was interested in knowing why the incentive did not work for Arlington Heights. The city just picked up most of Bull Mountain Road, Sunrise,Price and Cache Parks. Those areas will be developed one day and we need the support of the people in that area. What are we missing in our incentives?He suggested talking to CP04B. Councilor Goodhouse said the city should figure out how to have a dialog. He said he is one to sit down and seek common ground. People are more receptive talking face to face rather than through a document. He said he does not know what that looks like but would like to open a dialog with the larger areas. 18 Council President Snider said it makes sense to attempt to make financial implications palatable. He said,"Clearly our voluntary program doesn't seem too attractive." He suggested a five-year, 20 percent a year phase-in period to give people time to plan, or six years with nothing due the first �{{year. 1I Councilor Goodhouse remarked that he has heard the financial issues coming up over the years and said the best route is to find out what people want,rather than guess at the numbers. He said Associate Planner Pagenstecher said staff had an outreach proposal when council last examined island annexations and it is appropriate that council be included in any new outreach efforts. Assistant City Manager Newton summarized council's comments and said staff will update the agreement and come forward with a strategy about voluntary and involuntary island annexations. She asked for direction on Tuscany and Mayor Cook said there is agreement to move forward. Mayor Cook said there were at least three councilors agreeing to pick one area to study. Councilor Henderson said this would help the islands understand. He said there could be a program where for the first seven years the city would roll their money back into their community. It is a way to educate them about how to keep their streets in good condition and if they want to add sidewalks or parks, the city can help them plan. Councilor Snider asked if there was consensus on which large area and council said Bull Mountain. Assistant City Manager Newton said the Finance Department can fit this into their workflow off schedule of an audit period so it might start in November 2015 to May of 2016. Council President Snider suggested following with Metzger in the next cycle. TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 8 of 22 6. CONSIDER A RESOLUTION TO RENEW ANNEXATION INCENTIVES Associate Planner Pagenstecher said this is an annual discussion with council since 2007 and is a requirement of the resolution. The city offers incentives for voluntary annexation of a three-year tax deferral. History shows out of 19 recent annexations,three were done by the city, 14 for development and two were voluntary. Staff and council have been offering the incentives to anyone wanting to annex. Staff recommends keeping the status quo. Council President Snider said there needs to be a second policy identifying actions the city may take if a property does not voluntarily annex. In response to a question from Councilor Goodhouse on the source of the three-year tax phase- in,Associate Planner Pagenstecher said it was a common timeline. He said Hillsboro had successful effort where they did a voluntary annexation as a carrot but it was not indefinite. It became involuntary after a certain point. Mayor Cook said this comes forward every February and asked if council needs to do something now to keep it from expiring. It can be revised later after feedback is received. He said he supported phase-ins for homesteads but not for ten acres being developed behind a house. Councilor Woodard agreed. Councilor Goodhouse said if council is looking at revisions,the conversations should be held first so it does not have to be revised twice. Mayor Cook agreed but said he did not want to wait three to six months to act. He said there is consensus to approve with a few changes. Councilor Woodard suggested a five-year phase in period. Council President Snider said council needs a comprehensive plan on what will be done with involuntary annexations structured so there is a carrot first,then hammer,approach. City Manager asked for clarification on the changes. Mayor Cook said the criteria should change to apply it to individual homesteads only. Associate Planner Pagenstecher said that could be administratively applied to voluntary annexations for individual homesteads without changing the resolution. Councilor Henderson agreed the three-year phase-in is only two steps and going to a five-year step is really four steps. He moved to extend the annexation incentives with a revision to the tax phase-in of 20 percent a year, for a five-year period. Councilor Woodard seconded the motion. Associate Planner Pagenstecher clarified that council wanted it applied prospectively,not retroactively. Councilor Goodhouse said if we are just throwing out another number,we still do not know what people want. This takes away the discussion. He said, "Let's meet with people and find out what they want." Mayor Cook said he was fine with coming back in June or July and reviewing it. He suggested it be a Town Hall topic focused on the Bull Mountain and Metzger areas. Councilor Woodard said this will give them more relief and makes a difference in their taxes. Councilor Henderson said council talks about being gentler and kinder and questioned whether council is achieving that. TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.dgard-or.gov Page 9 of 22 islands,and large urban unincorporated areas are discussed along with processes and policies used, such as incentives. There is also a section addressing impacts of annexations on city assets and services. Assistant City Manager Newton said she and Associate Planner Pagenstecher wanted to call council's attention to particular issues they may want to discuss tonight. Page 7 has a short discussion on a signed consent to waive annexation which relates to the Tuscany subdivision. Island annexations also need a discussion. In 2012 the council had a discussion about annexations and directed staff to move forward with the River Terrace area,which is now in the city,but staff was not urged to pursue islands so staff has not been assertively pursuing those areas since 2012. She directed council to page 11 and said a few things worth noting with large unincorporated areas (Metzger and Bull Mountain)is that they are large,have many people and many impacts on services so we would not move forward with those until a full impact study was done. Ms. Newton said she has discussed this with the Finance Department and they could be prepared to take on one study next fiscal year to be completed by the end of the fiscal year. Ms. Newton added that in the last state legislation session Washington County introduced legislation regarding special districts that could operate within cities to provide urban services. It was withdrawn but the county is interested in holding discussions with cities about this and Tigard is awaiting an invitation and is prepared to talk to the county about this. She said it is her understanding that similar legislation has not been introduced in the current session. Associate Planner Pagenstecher commented on the last item Assistant City Manager Newton mentioned and said the document that governs city/county coordination on annexation is the Urban Planning Area agreement,last signed in 2004. Since then,the city has had an expansion of its planning areas so the urban planning area no longer matches all of the area of interest. A map revision is in order. There is also a reference to planning services and an intergovernmental agreement between the city and the county. For a period of nine years (between 1997 and 2006) the city provided planning services to unincorporated areas. Tuscany is an example of a subdivision processed by the city during that timeframe. The waivers to annex were obtained and now council has the option to bring them in at any time. Mr. Pagenstecher said there is also process language within the agreement requiring notice procedures and certain types of actions,and this coordination should also be updated. Associate Planner Pagenstecher said in 2013, the Community Development Director wanted to explore interest in annexation from island residents letters were sent out listing incentives. There was not a lot of interest in the subject indicated by owners of island property. IRMayor Cook asked how to initiate a map amendment? Associate Planner Pagenstecher said as stipulated within the agreement,the city manager and Washington County would meet and agree to revisit this. It calls for this procedure to be done every two years. Mayor Cook noted this has not been done since 2004 and asked how it can be added to a tickler file to make sure we stay on this. City Manager Wine said they just did it. Mayor Cook asked Assistant City Manager Newton about the background on the island annexation effort and noted it ended in 2010 when the county failed to provide written support. He said the city wanted to involuntarily annex islands in 2009 but backed TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 6 of 22 City Attorney Ramis clarified that the phrase that appears in the resolution, "property owners that voluntarily annex" excludes undeveloped land being annexed for the purpose of obtaining services. RESOLUTION NO. 15-07—A RESOLUTION AMENDING RESOLUTION 07-13 TO EXTEND THE INCENTIVES FOR VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY LIMITS TO FEBRUARY 2016, as amended Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ The resolution vote failed. Councilor Woodard moved to approve the resolution and that the annexation incentives remain the same with the stipulation that it is not extended to undeveloped land being annexed to obtain services. Councilor Snider seconded the motion. Mayor Cook asked City Recorder Krager to read the number and title of the resolution. RESOLUTION NO. 15-07—A RESOLUTION AMENDING RESOLUTION 07- 13 TO EXTEND THE INCENTIVES FOR VOLUNTARY ANNEXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY LIMITS TO FEBRUARY 2016 as amended,does not extend to undeveloped land being annexed to obtain services Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Resolution No. 15-07 is adopted by a 4-1 vote of the Council. 7. QUASI-JUDICIAL PUBLIC HEARING—ZCA2014-00002 SUMMIT RIDGE NO. 5 ANNEXATION a. Mayor Cook opened the public hearing. TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.dgard-or.gov Page 10 of 22 b. F1 City Attorney Ramis read through the special rules for the public hearing. C. Mayor Cook called for declarations or challenges; • Do any members of council wish to declare any: o Ex parte contacts or information gathered outside the hearing? Councilor Woodard said he regrets not having walked past the area. Councilor Goodhouse said he has walked there. o Bias or conflicts of interest? Mayor Cook spoke on the phone with Councilor Goodhouse about the issue and in general about quasi-judicial public hearings but said he did have any bias or a conflict of interest. • Mayor Cook asked if any member of the audience wished to challenge a councilor's qualifications to hear and decide this matter,or the jurisdiction of the council as a whole to hear and decide this case. There were no challenges. d. Staff Report— IR Associate Planner Floyd said this presentation will be done in two parts. He said he will cover higher level information and background,context and criteria. Then Community Development Director Asher will follow with additional information about the application before council. He showed a slide of a map of the area,noting that the project site is on Bull Mountain,roughly equidistant between Bull Mountain Road and Beef Bend Road and two blocks south of Alberta Rider Elementary School. The Summit Ridge neighborhood mostly built out about ten years ago and is a transitional area where higher density is slowly taking over the lower density properties. The Lennar annexation was the most recent annexation,at Hazelcrest and 133`d Avenue. The voluntary annexation before council is for three undeveloped lots recently changed by lot line adjustments at Washington County. The two owners live adjacent to the site. On behalf of the owners, the intent of Venture Properties is to annex and subdivide the property into 29 lots and continue the density to the west. Venture is the second developer to explore a subdivision at this location. There was another pre-application conference held with city staff last year. Staff's request for the street layout and connectivity standards was the same in both pre-application conferences. City services cannot be extended without annexation. Associate Planner Floyd said the staff report addresses various approval criteria. Generally speaking, the application meets the criteria with the exception of Comprehensive Plan Policy 14.2.4 and that is at the crux of the matter. This policy is in place to address issues regarding islands. Staff's recommendation stems from concerns with the proposed boundaries because they increase the potential of an island, complicate, or prohibit future annexations. Neighbors raised two issues related to concern for changes to the nature of the neighborhood. Natural resource concerns do not come into play for the annexation request. A number of letters raised concerns about traffic levels in the neighborhood, specifically impacts to Pine View and other streets. Concerns about traffic are relevant because the way TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 11 of 22 the current application is proposed it precludes a direct connection between the annexation and Summit Ridge Road to the north. Staff recommends not approving the annexation tonight due to potential traffic concerns and other policy issues. EMCommunity Development Director Asher said staff tries not to recommend denial but it is easier to understand the issues with pictures and maps. He showed several slides of aerial views of the area. He pointed out the two properties at the top of the hill that already take their services from the city. This would not be allowed under current policy.They control the property under review. He showed slides illustrating the lot lines initially presented to staff. There were five lots. Staff wanted the development boundary to go all the way to Summit Ridge and include the two properties. Further, staff suggested in pre-ap conferences that the platting should follow,in order to get connectivity to Summit Ridge. All the homes to the east are on stub streets and there are traffic issues if all of the new subdivision traffic is accessing from one street. There is a future street to the south and good planning is about thinking ahead so that the easement and right of way are there. Mr.Asher showed a slide of the development after the applicant got the lot lines adjusted through Washington County,without city coordination. East west connectivity was shown but none to Summit Ridge. He said we see truncated streets that do not connect and the new city boundary is such that when other properties come in we are looking at a future island situation with the two home lots that have elected not to come in now. He said sometimes the interests of individual property owners do not align with the best interests of the community or the city such as a regular and contiguous border and effective and efficient extension of services,including transportation services. e. Public Testimony -Applicant Mimi Doukas,Planning Project Manager for AKS Engineering, said the two existing homes are large estate properties and the owners want to allow for the development of the majority of their property but preserve their existing homes. She noted that the topography of the area is not shown on the map being projected. She said the topography is 12-18 percent making north-south roads difficult and a former developer could not find a solution for a roadway to the north so they walked away from the project. She said she did a series of property line adjustments to separate the two homes. This was done through Washington County. There is another estate home with a pool at the bottom portion of the properties so a property line adjustment was done to protect their home from the road. That property owner had concerns about effects on his property from grading to the north. The road at the bottom of the map would only service future development to the south. It is when his land develops that Pine View becomes a local facility. They needed to provide good connectivity to Pine View and good connectivity to the south. Kostel and Black Walnut provide good connectivity to the north up to Summit Ridge and Pine View provides good connectivity to the south as well as to the north. This is important for fire and emergency services. They reviewed serviceability of the property and as the staff report points out it is serviceable by water, sewer, storm and emergency services.TVF&R was involved in all pre- TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 12 of 22 application meetings. The staff report identifies two areas of resistance: north south connectivity and the concept of islands. We are talking about the future situation of this property. This is the leading edge of urbanization. There are large estate homes in the west and urbanized lots to the east. We are moving that transition from east to west. The same thing will happen to the two homes that are not part of the annexation application. She pointed out that staff says the two homes are currently provided urban services but a critical one they are not,is sanitary sewer. When a septic system fails they must connect to the sanitary sewer system. That will happen with those two homes and those to the west. She said that will lead them to annex or it might be when they develop. They have two and one- half acres of urban real estate which could accommodate 12 lots and connection to Summit Ridge. She said the design meets the Transportation Planning Rule,block length standards and block width standards. She said they are proposing a design that provides good connectivity in the short term and excellent connectivity in the long term. President of Venture Properties Kelly Ritz said she is very familiar with this area because she developed Summit Ridge 1, 2 3 and 4 and quite a few of the neighborhoods on Bull Mountain. She said as a developer she likes to see orderly development and this is what the city will see in River Terrace and other expansion areas planned from the very beginning. This is urban development and is very piece meal. She responded to Mr.Asher's comments and said Venture Properties is not in control of the two properties and never has been. Her purchase and sale agreement with the sellers only consists of the land to the south. She mentioned she found a ten-year-old purchase and sale agreement with one of the owners that never moved forward because they were not ready to develop. She said they don't have those properties under contract and the only way she was able to get the balance of the properties was because she said they could lot line out their homes.The land use approval will only be for the properties to the south. Ms. Ritz noted that she has not previously met Mr. Asher but Venture Properties has been meeting with staff for 18 months. She told them that these two homes were not part of the development from the beginning.Many discussions were held with staff and TVF&R working on road connectivity,grades,and other engineering work. She was very,very surprised at this denial. She is shocked that the city,which wants annexation and people to come in,wouldn't be in favor of this. Land Use Attorney Michael Robinson said the north south connection will undoubtedly happen as those properties come into the city at some point. But in order to make that connection to 132"d,it will be a half street at best until the other properties come in from the west. He said Ms. Doukas mentioned there are topographical challenges and that is why the north south street is centered where it is,rather than on the west edge of the property. He said if they were somehow to get a dedication, the right of way would literally be right up against that home. As long as they want to reside in their homes it is not possible to make that connection. He followed up on what Ms. Ritz said that annexation,by its nature,is incremental. He said he has assisted people in the River Terrace area which comes complete with some planning, although Tigard had to finish it. Bull Mountain however,is incremental by its nature with many different property owners, some owners wishing to annex and some that do not. TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 13 of 22 He emphasized that people need to have faith that when they spend time and money to consider annexation that it will be favorably received based on what they can reasonably do. It is not possible to get the dedication of the right of way now because the people want to live in their homes. It is not possible to get them to agree to come in now. He said he gave council a letter on this and stated that the only policy, according to the staff report, that they failed to meet is 14.2.4.b.That gives the city authority to require additional parcels be added to an annexed area if they are needed to enable effective and efficient public services. He argued that with this annexation the city could make a finding that it is not required. He said he appreciated the additional staff report outlining the connectivity issue. He said the reality is that the staff report demonstrates that all public services, including roads,are provided and serve this area well. This is a grid system and it is not unusual to have residents using local streets to reach higher order streets. That is the nature of a grid system and what we want to do in urban planning. Eventually,the city will get the extension to the north but for now, the staff report says road services are adequate and it is to be expected to go through local streets to the east to meet Summit Ridge. He said they are not creating an island. He said there is a little Jog at the top of the map,west of the two properties so that bringing in two or three lots would have to be done to create an island. This cannot happen as these western properties are all party to a covenant that prohibits lots from being divided into less than two acres in size.The way that works is that unless everyone agrees to develop at once,it will be difficult to get one party to be able to waive those covenants. This means that it is highly unlikely to be developed anytime soon. Attorney Robinson said they are unable to control when folks want to move out of their family homes and go someplace else to live. They can present what they can control,which is the area south of the two homes and can work with staff in the subdivision process to deal with the roads. Denying this application might fulfill the connectivity policy but it keeps the city from moving the annexation boundary to the west and presents a difficulty to those wanting to come into the city in the future where their situation is similar to Venture Properties in not having the option to bring in all the property because folks do not want to leave their homes yet. He said they wish to work through this with council. As unsettling as it is for Community Development Director Asher to recommend a denial,it is equally unsettling to get a denial recommendation. 19 Gretchen Buehner, 13249 SW 136th Place,Tigard, OR said she was on Planning Commission during the hoopla on the mountain and then was on the city council. She asked council to keep track of mandatory annexation of islands which was in legislation passed in 2009. She said it was not mentioned but it relevant to the earlier discussion. She said an agreement was made with the Bull Mountain community. It is included in the city's Comprehensive Plan which she was involved in drafting. It says the city would not allow any islands or any annexation that would be likely to create an island. That was an agreement made as part of settling the dispute with Bull Mountain and how we would proceed in the future. She said,"Unfortunately, this application,if it doesn't break the letter of that agreement,it breaks the spirit of that agreement." She said one of the two properties TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 14 of 22 is up for sale and her suggestion is that Venture Properties should buy that piece of property. She said she is very concerned about the boundary change that was done on 133`x. She said one of the city's primary concerns is connectivity and having that connection to 133`d as a west and south exit is critical to long term development. The property adjustment backed the property line twenty-five feet from 133`d. She said there is really only one reason for that and it is to not allow the city access to 133`d which is needed for future connectivity. She said her opinion is that the city should reject the annexation application as it is currently constituted and work with the applicant to bring one or both parcels up along Summit and get the piece of land that will give us access to 133`d. It is currently not a great road but it would be widened in the future to meet city standards. Mayor Cook asked for clarification on access to 133`d Avenue. Ms. Buchner said there is a jog cut out and originally it abutted 133`d. She said it is public right of way. Greg Whittaker, 15550 SW 133`d'Avenue, Tigard, OR said he might be naive but he felt pretty good when the Zeiders,Andersons and Venture Properties came to them and let them know they wanted to develop. His pool abuts the property as does his home. It was nice of them to sell his a portion so he would have a buffer to the neighborhood to the north. He referred to the map and said there is a street towards the south that is a paved, one-lane,narrow road. He said he understands that if he develops his property in the future he would have to connect to 133`d Avenue. Janet Zeider, 13100 SW Summit Ridge,said she has lived in one of the two properties under discussion for 21 years. They talked to Riverside about buying their property but Riverside backed out because the city insisted on that road (132'd coming down within eight feet of their home. She said their home is a 7,000 custom dream home. Riverside backed out because they said it was not possible and would devalue their home. Their house is for sale and unfortunately they have not been able to show it because this is taking place. They have English gardens and the house is beautiful but she does not want a 50-foot road within eight feet of her garage. Bill Fourie, 15300 SW 133`d Avenue,owns property adjacent to upper lot line near the proposed development. My pool also backs up to this land. It is very forested. He understands and is all for development that will happen. He is worried about his property that will be adjacent to the development activity. The developer is talking about at least a ten-foot barrier wall on the northern boundary. From the estate house at the top there will be a ten-foot retaining wall and grading below. He is worried about his trees and his in ground pool developing cracks because of all the machinery. At an earlier hearing the engineering firm held there were many concerns raised about truncated streets and access to the other side. He feels sorry for the people to the east who have had cul-de-sac streets. There are a lot of kids and now they will have traffic from 29 homes using going through their neighborhood and making that neighborhood not so livable. Carrie Brickey, 12998 SW Pine View,Tigard, OR said she sent a letter so she would not recap it completely. Her main concern is traffic control. Pine View Street will be the main access to Greenfield Drive down to Beef Bend Road. She is concerned with the size of their street and the livability of their street. TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 15 of 22 Applicant Rebuttal-City Attorney Ramis said the applicant has an opportunity to rebut, followed by an opportunity for council to ask questions. EMMike Robinson said he appreciated Councilor Buehner and her comments which are important from someone who has been on council for so long. He said his letter does address island annexation and even if it creates an island, council has the authority to annex without consent. The agreement with Bull Mountain is interesting to note not only does this annexation not create an island but it is unlikely to, for the reasons we explained earlier. It is highly unlikely that we are going to get that kind of agreement from all the properties subject to that covenant. He said it did not look to him even without the property adjustment along 133`d Avenue that the city could have made a street connection given the way the lot line abuts 133 '. Mr. Robinson said he agrees with Mr.Asher that council has some discretion and the question before them is if you want to keep fulfilling the vision of the city which is to increase the area that is part of the city. If you deny this it sends a message that it is very difficult unless everything works out perfectly. In the annexation world, especially on Bull Mountain,look at policy 07-13 and note the irregular boundaries. It is not possible to have everything you want but this gets you further down the way. You have a cooperative property owner who will try and work with the city to make these things happen. His only comment to the neighbors that testified was that they will be talking to the neighbors before they do site development as that is the courteous thing to do. The traffic issue is a development issue and the streets in question are temporarily blockaded but it was never the city's plan to keep them permanently blockaded,as it is looking for a grid system. Ms. Ritz commented regarding the Zeider's property that is for sale. A comment was made about Venture Properties buying it. She said it is for sale and priced as an estate home. It would make them sad to have it developed even if they do not live there. She said that Venture Properties tried to come up with a way to do urban infill and get 29 new lots into Tigard on Bull Mountain by continuing to respect the desires of the property owners to the north and the one to the south. When the owner to the south decides to develop those street connections can be made. She said the only question is the island annexation so with Mr. Robinson's assistance they crafted a possible solution. There might be something in the middle. She said the question is how soon the properties will develop and how will their slowness to develop affect connectivity. Mr. Robinson handed out a draft agreement. Ms. Doukas clarified that 133d is very old, dedicated right of way that technically goes from Summit Ridge to Beef Bend Road but is largely unimproved. The right of way is in place for future improvements and she suggested the alignment be reconsidered when it goes through. She said the Zeider and Whitaker properties do not connect with that right of way except for abutting it at one tangent point. Mr. Robinson said what was just submitted to council is a proposed condition of approval. The wording may not be precisely as what council wants to adopt. They recognized they could not give the city the road.We do not control that property. What they can offer is a condition of TIGARD CITY COUNCIL MINUTES — FEBRUARY 10, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.fgard-or.gov Page 16 of 22 approval requiring a waiver of remonstrance for these two properties in the event an island is created.That at least would get the property into the city and there would not be the three to ten year statutory period to make it effective. He said they offer this condition as a way to work with the city. Mayor Cook asked Mr.Robinson to explain more about the covenants the neighbors to the west have. Mr. Robinson said he attached the relevant covenant to their letter. He said when they purchased property with the requirement that if they subdivide their property it cannot be fewer than two acres. The covenant can be waived if they all agree to that. His experience is that unless the entire area is going to develop at the same time,other people who are not developing are not willing to waive because they are going to get urban level lots next to their estate lot. He clarified that this is for the properties to the west and not the properties in the application. NCouncil President Snider asked if the property at 13210 experiences a septic system failure and needs to come into the city immediately,would it create an island. Mr. Robinson said it would not because the boundary of the lot to the east jogs down further. Council President Snider commented that only 24 feet makes it not an island. Councilor Woodard referred to the agreement submitted tonight and asked how they would work to make the two properties voluntarily annex to the city. Mr.Robinson said if properties to the west develop then these two properties agree to waive their remonstrance to annexation. He said they are suggesting this as a condition of approval. 19 Council President Snider asked,"Why not have the two homes come in now but not be developed?" Ms. Ritz said council's discussion on why people do not want to annex was interesting to her. She said she remembered the challenges and upheaval when the city was pushing the Bull Mountain area annexation. She said it was good for Tigard to get rid of the policy allowing properties to develop in Washington County but still use Tigard services. She said with a good incentive program islands will eventually annex. She said the two property owners prefer not to come into the city right now. In her agreement with them she offered to hook them up to the sewer system when they choose to annex. HCouncilor Woodard asked why a five year period is in the agreement. He proposed that if either property sells before that time,they get annexed. Attorney Robinson said those are things they are happy to talk about. This was a first attempt at language to address the island issue identified in the staff report. I Councilor Henderson said he is not a land expert but can see that islands are a big problem. He said it did not make sense to him why the two property owners would not want to be in the city and he could not imagine they would refuse if the developer paid all the bills. He said,"You will lose a lot if this doesn't move forward. The rules are the rules." Attorney Robinson said he agreed with Councilor Henderson but found lacking in the staff report any evidence that these two properties must come in to allow the effective and efficient delivery of public services. There is nothing from a traffic engineer saying traffic will fail or not operate as intended. All the streets are intended to be connected. He said the two homes have driveway TIGARD CITY COUNCIL MINUTES-FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 17 of 23 access to Summit Ridge,which doesn't function as a full public street because it is gated to the west. He responded to Councilor Henderson's point about why they do not come in and said everybody is different. Sometimes it takes time or changes to occur before people are ready. He said if this application is denied because we do not have consent from two people who do not want to leave their homes;it makes it very difficult and creates an impression that annexation is not what the city wants. Councilor Henderson said the council is not trying to make a no-growth policy. Ms. Doukas read from Tigard's Comprehensive Plan's urbanization section that says the city shall approve proposed annexations based on findings that the request can be accomplished by the city's public facilities and services and is consistent with applicable state statute. She said they met those two criteria. The question is policy 4 and council has discretion in that area. Associate Planner Floyd responded by saying that policy 14.2.4 has the word may in it intentionally. That may have been for situations where the applicant had less control than they do in this situation. All five parcels are owned by two individuals who have an interest to develop. He said there are two broader policy issues. One is the island issue and the applicant has control of three of the five parcels. The fourth is available for sale. He said if the two parcels to the north are not brought in it may preclude future connectivity options from being considered. We are not in the development review phase. We haven't received an official application to review the adequacy of the transportation network. If there are engineering issues there are variances and adjustments and lesser standards the city could consider. He said 133`d is currently unimproved and full of trees. But in the future it may be developed as a skinny street, emergency access or as a trail. 10 Councilor Woodard asked about a transportation study on Pine View Street. He said he was not sure how much time would lapse while there is no efficient connectivity. Mr. Robinson said they do have a traffic study that has not been submitted yet. They looked at how well the intersections would function and looked at connections to the east and these streets are used well below their level. Councilor Woodard said 133`d Avenue is dangerous. Without circulation everything is funneled out to 133d Avenue. Mr. Robinson said there is no connection to 133`d Avenue. In response to a question from Councilor Woodard Ms. Ritz said she has 20 years of experience with staff at the City of Tigard and has never gone before Council or the Planning Commission with a denial from staff. She said everything submitted to staff had the lot-line adjusted portion and she knew from when she first got the people under contract that the other piece was not going to be involved. She had a heads-up from the property owner to the south given his proximity to Pine View if it had gone through,and the fact that his property was large enough to bear the burden of a road going through. She said it isn't very fair to have a small development construct a road and only get two lots out of it. She said she spoke extensively with engineering,planning and the fire bureau because it is a challenging site. She said she has built all the other Summit Ridges,Arlington, Thornwood,Eagles'View,all south side Bull Mountain. It is a complicated site and she worked a lot with staff. She said the crux is that they need this approved because they cannot submit for land use approval until it is approved and they do not want to build on Bull Mountain in the winter. She requested putting annexation and development on the agenda together but staff told her it could not be done that way. In discussions with staff regarding getting the annexation scheduled for a council TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,"Tigard, OR 97223 www.tigard-or.gov Page 18 of 22 agenda they said it would only take ten-twenty minutes. She said she was very surprised to hear about the denial. ElCouncil President Snider confirmed that the developer had many conversations with staff and her perception was that it was going forward. Ms. Doukas said staff kept bringing up concerns about circulation and they consistently said they cannot connect to the north. Council President Snider asked if it was ever said that the two parcels were out. Ms. Ritz and Ms. Doukas said they did say that. Council President Snider said the reason he is asking is that it is important to council that staff is responsive and helpful and he is hearing that some of this may have come about through miscommunication. Ms. Ritz said her maps all showed the lot lines. 10 Councilor Goodhouse suggested that a resolution would be to change the agreement with the northerly property owners so that there is no time limit and only tax lot 1200 is listed. If it gets sold it becomes annexed. Mr. Robinson said this has been a good policy discussion and the bottom line is that if we could bring those other two lots in we would because that would make this a certainty of approval. We can offer up the condition that Councilor Goodhouse was discussing,to assure you that there will not be an island and push the annexation policy forward. Councilor Snider asked if he could offer what was just proposed and not what was written. Ms. Ritz said she would have to talk to the property owners to the north but that is something she is willing to agree to, subject to getting them to agree. Mr. Robinson said if council approved this annexation with the condition as amended by Councilor Goodhouse,"it becomes our burden to accept or it doesn't get approved." Council President Snider asked if staff would recommend approval of the application if the two homes were included without immediate connectivity. 19 Community Development Director Asher asked if this is a non-remonstrance agreement that says they won't remonstrate if conditions change. Mr. Robinson said it would be a contract and waiver agreement. Mr.Asher said that is not the same as a future annexation. He said the city has many non-remonstrance agreements and council heard a presentation earlier on how few of these property owners annex. He said he was hesitant to agree without reviewing the agreement. It sounds like it would address the island issue and get closer to the Comprehensive Plan 14.2.4 requirement. City Attorney Ramis said council's approach could be to deny this application or continue the hearing until it can be amended. He said the city council has authority under the annexation process and their discretion is greater than in a typical land use case. Council's authority comes from the state legislature and the statues say cities may amend. The annexation application is a proposal from someone that council change the organic boundary of the city. The shape of the city is purely council's discretionary decision. He said,"If you are not satisfied with an application you can say it needs to change." Council President Snider said,"We can't make a decision that involves a certain annexation now and a certain decision in the future that is predicated on it?" City Attorney Ramis replied that they could TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 19 of 22 not say they approve this annexation subject to bringing more property in because they do not have that property in front of them. Mr. Robinson said it is possible to do if the form of the condition is not acceptable. It is also possible to do an annexation agreement that would be effective upon certain conditions. He said their preference is to get a decision tonight but a continuance is preferable to a denial so there may be an opportunity for further discussion. Council President Snider asked if ownership and control of the property matter in this decision as council is forced to look at what is in front of them. City Attorney Ramis replied that it was different because of statutory authority. He said the other part of this is if the city is going to annex people through this process it needs their consent. If there is no consent from the two northern properties you cannot say,"We are annexing this property contingent on these two property owners coming in,because they haven't applied for annexation." Councilor Snider commented that was odd since they are one of the groups that have the most to gain from having the rest of this development happen. He added that when looking at the map and what is designed,it looks like it was designed to prevent connectivity to 133`d Avenue and preserve the stuff at the top. Councilor Goodhouse asked staff if no time limit is listed in the agreement would that solve issues. Community Development Director Asher said it is a partway solution. He said he noticed the five- year time limit too. He said,"Our experience in areas that are being developed like this one,is exactly what we are going through here tonight. Property owners will find reasons not to come in." We will be working around them,whether it is a subdivision or a street connection or a trail. Councilor Goodhouse asked if there is anything Mr.Asher would want changed and he replied that he would like to take some time to work on that question. He said a continuation of this hearing would be suitable for staff needs. Councilor Henderson asked Ms. Ritz if this hearing is continued, could she talk to the neighbors one more time,or was this just not reasonable. Ms. Ritz said she did not think she could get the two property owners to annex at the same time. She did think it was possible to get them to agree to something similar to what Councilor Goodhouse proposed. Mayor Cook asked a process question of City Attorney Ramis and in response Mr. Ramis said he could continue the hearing to allow the conversation at this point,and leave the record open. Council President Snider asked if staff had already thought about this because it is a central issue to this question and said he was hearing a concern for the timeline and asked if it can be resolved now. Community Development Director Asher asked what has to have been considered. Council President Snider clarified that he meant the question about whether or not the two northern properties were included in the application for annexation or not, and whether that would change the staff recommendation would have been considered at some time before now. Community Development Director Asher said, "It has been,and we have repeatedly said the same thing,that without those properties it fails to meet the Comprehensive Plan policy we've cited and there is a P p P P cY further issue with connectivity that concerns us." Council President Snider said the connectivity issue could be solved in the future if they were included. Mr.Asher said the problem with piecemeal TIGARD CITY COUNCIL MINUTES - FEBRUARY 10, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov Page 20 of 22 development and connectivity is that no one who lives on that street realizes they are part of a piecemeal development so in the future when there is a need to put a street through,neighbors are unhappy. Bull Mountain has difficult sites we are trying to squeeze things into and make connections. The connectivity issue is an important one but is more of a land use issue. This is an annexation application that we are trying to evaluate based on Comprehensive Plan policies and what was submitted. Councilor Goodhouse said tax lot 1701 is for sale and if we change this agreement and it sells in six months is it no longer an island. Mr. Robinson said it would bring the area into the city and get the road connection. He said if council wants to continue,Ms. Ritz is agreeable and they will work with staff to come up with a condition. Councilor Henderson said it is either that or a denial. Mr. Robinson said he hoped Councilor Henderson was not going to prejudge what his colleagues would say on this,but if council is open to a continuance and staff feels it would be helpful,they would be pleased to spend the next few weeks working with staff on this. Council President Snider asked if this process can be resolved if staff is satisfied and it would come to council as more of a standard annexation. Community Development Director Asher said staff has not held the conversation yet and he knows this felt like a last minute decision. He said staff never said either way but the process could have been better or clearer. He said there is probably a condition both parties could agree on and he would very much like to get to a resolution but that conversation has not been held. Councilor Woodard noted the time was 10:26 p.m. Mayor Cook said the hearing could be continued to April 14 or March 17,2015. Councilor Goodhouse asked the applicant which month would be better and she said March was preferable to the April date. Councilor Snider moved to continue the hearing until March 17,2015, and Councilor Woodard seconded the motion. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ The motion passed unanimously and the public hearing is continued until March 17, 2015. 8. CONSIDER AMENDMENT TO CITY MANAGER EMPLOYMENT CONTRACT Human Resources Director Bennett presented this agenda item. She gave the history of the employment contract with City Manager Wine. She was hired in December 2010 and took a voluntary$10,000 decrease in wages in July,2012,when the city was struggling financially. She noted that Ms.Wine is three years into the city manager position and is making the same rate as when she was hired. She noted that council is interested in adjusting compensation in the amount of TIGARD CITY COUNCIL MINUTES- FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov Page 21 of 22 $15,000. Councilor Goodhouse noted that she was making what the previous city manager made four years ago. Human Resources Director Bennett said she is also at 6.7 percent below the middle of the market of the comparison cities. Councilor Woodard said Ms.Wine volunteered to take a$10,000 pay cut when council was looking for reductions and he did not know many people who would do that. He said similar sized cities pay more and it gets her closer to where she should be compensated. We want competitive pay and benefits. Councilor Snider said it is a risk not to do things to retain City Manager Wine and the impact is potentially far greater than this raise in pay. Council agreed that the raise should be effective March 1,2015. Councilor Henderson moved for approval of the amendment to the City Manager's employment contract. Councilor Goodhouse seconded the motion. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 9. NON AGENDA ITEMS None. 10. EXECUTIVE SESSION: None scheduled 11. ADJOURNMENT At 10:36 p.m. Councilor Henderson moved to adjourn. Council President Snider seconded the motion and all voted in favor. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Carol A. Krager, City RecordZr- Attest: (��, a Joh T Cook,Mayor 7rf ails G�� 5; a o Date TIGARD CITY COUNCIL MINUTES- FEBRUARY 10, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 22 of 22