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City Council Minutes - 10/27/2015 I City of Tigard Tigard City Council Meeting Minutes October 27, 2015 STUDY SESSION The Study Session started at 6:30 p.m. Council Present: Mayor Cook, Councilor Woodard, Councilor Goodhouse, Councilor Henderson and Council President Snider Staff Present: City Manager Wine,Assistant City Manager Newton,Contracts Manager Barrett, Police Captain Rogers,Police Detective Foulkes, City Engineer Faha,Project Coordinator Peck, City Attorney Ramis and City Recorder Krager A. COUNCIL LIAISON REPORTS—Councilor Henderson distributed a report on Washington County's 10-year plan to end homelessness. He noted that Washington County returned $221,742 to the Housing and Urban Development Department for vouchers that could have been used for housing but were not because there were no places to rent. He spoke about some of the reasons there is currently more homelessness and asked that council read the report. He noted that it had not yet been approved by the commissioners. Mayor Cook discussed the SW Corridor Public Forum and said he was impressed with the number of attendees. There were 75 people attending. Councilor Henderson commented that it was well run and everyone got answers to their questions. Mayor Cook said there will be a vote in November to reduce the number of alignments. There will be an online survey and he will share the results. Councilor Goodhouse said he and Councilor Henderson attended a presentation on Tactical Urbanism at the City Center Advisory Commission (CCAC) meeting. He said a visitor at the meeting mentioned the traffic at the 92"d and Summerfield intersection and asked if a round planted median would help. Mayor Cook said the city engineers have been emphasizing pinching traffic to slow it down rather than installing median circles. He noted city staff has already been working with the Summerfield neighbors on this issue. Councilor Henderson said that one of Suenn Ho's ideas at the Tactical Urbanism meeting was to install free libraries in the form of plastic newspaper boxes along the Tigard Street Trail. CCAC Member Bush and others will work on this. He suggested the library should be informed about it. B. DISCUSSION ON UPCOMING CONTRACTS—Contracts Manager Barrett discussed the Dirksen Nature Park Education Center and Pathway Improvements project. Invitations to bid were due September 24 and three were received—Lee Contractors at$180,686,Brown Contracting at$252,248 and an incomplete bid from Pac Green Nursery and Landscaping. The engineer's estimate was $122,610 so staff worked on scaling back the project with the low bidder to keep it within available funding. By removing the concrete sidewalk and some other minor adjustments they were able to get back under existing funding for the project.The final contract will be around$115,000. Mayor Cook asked about the location of the sidewalk and TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov 1 Page 1 of 16 staff clarified that it is not at the Environmental Education Center but at the south end of the park near Summer Creek. Project Coordinator Peck said while it is at the other end of the park it was an element added to the package to gain connectivity from Fowler Middle School to the Fanno Creek Trail and to also allow for easier access by parks department maintenance vehicles. Mayor Cook asked about putting an in asphalt path until we can get funding for a concrete path. City Engineer Faha said staff could consider that and will be seeking an Oregon State Parks grant so that might be an opportunity. Contracts Manager Barrett replied to a question from Councilor Woodard about whether the contract needed to be rebid. He said it is clear that the second bidder would still be highest even with the reduction of the sidewalk. He said the largest difference between the two bidders is related to the building improvements section and he did not see the bids coming down between the two enough to warrant going back out for bid. City Manager Wine asked if this could be on a future consent agenda and council agreed. Contracts Manager Barrett said it will be on the November 10 consent agenda. C. CHRONIC NUISANCE PROPERTY TIGARD MUNICIPAL CODE UPDATE (TMC 7.42) UPDATE Captain Rogers and Detective Foulkes introduced this item. This code section has never been used but with some updating could be a valuable tool to help with livability and safety issues in some neighborhoods that are causing great distress. Nuisance properties can also be a drain on city resources. Proposed TMC changes include adding some specific crimes to the existing list of violent crimes more common in the 1980s and 1990s. Captain Rogers said a comparative analysis completed on one Tigard property with repeated and ongoing nuisances, including two drug overdoses in one day, showed officers spent 140 hours responding,or 17.5 days.The costs range from$9,100 or$18,000. They looked at nuisance ordinances in other cities and decided to make some changes to the city's chronic nuisance property ordinance to give police more agility to respond and higher civil penalties to be more of a deterrent. Captain Rogers said even if the property owner does not live on site they will need to be engaged because of potential impact to their pocketbook. Captain Rogers said the number of nuisance occurrences is revised from four to three,and the time period changes from 60 to 120 days. Added crime definitions include prostitution, theft, arson, sexual abuse, contributing to the delinquency of a minor, sexual misconduct, alcoholic liquor violations, offensive littering,illegal gambling,animal abuse, animal neglect and animal abandonment. Councilor Woodard expressed concern about the offensive littering crime and asked what happens if someone just does not have the means to clean up their property. Captain Rogers said offensive littering is not just garbage;it would be things like emptying a porta-potty on the street;leaving dog feces or rubbish in the road,something that is offensive to the neighbors. He said owners will be given notification;they will be warned and know what a third offense will set in motion. A municipal judge will require abatement or fines could be levied against the property of up to $1,000 a day. He said to prevent a situation whereby a neighbor is being singled out or picked on by other neighbors, the complaints will need to be substantiated and triaged by police. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 2 of 16 Councilor Goodhouse asked about panhandling and said he is hearing from more citizens that this is a problem. Captain Rogers said as long as the panhandlers are not impeding traffic the police do not interact with them. They are protected by free speech and panhandling is not against the law in Oregon. If a car stops unsafely to give them money it is a violation for the driver. Councilor Goodhouse said this is a nuisance. Mayor Cook said he did not think it was a good idea for the police to be out ticketing people who are giving money. Council President Snider asked City Attorney Ramis if there even was an opportunity for a Tigard ordinance against panhandling and City Attorney Ramis said it has been tried and did not work because of the First Amendment argument. The only way to regulate their behavior is if they are endangering traffic or trespassing. Councilor Woodard mentioned he has noticed an increase in loitering on trails and under the viaduct and is concerned about public access areas being inhabited by people loitering or drinking. He asked if police can cite people on the paths creating problems for walkers. Captain Rogers advised him to use his cell phone and report it. He noted there are bike officers on the trails now. Councilor Woodard also reported people defecating in the dirt area of his family's property on Burnham and Main Streets. Council President Snider referred to the proposed ordinance and asked why a 120-day period was selected and why there could not be an even longer time period. City Manager Wine said this is a policy decision that council could decide. Detective Foulkes said staff looked at other local agencies and 120-days is the standard and has held up in court. Councilor Goodhouse said properties of this type are rare in Tigard and most people will shape up after two warnings. City Attorney Ramis said the numbers must be reasonable from a prosecution point of view. One risk is a judge may think that three events in even 360 days is extreme. City Manager Wine said this ordinance will be on the council agenda November 10. Administrative Items: 1. Council's holiday greeting for TVCTV will be taped at 6:00 p.m. on November 10. Mayor Cook asked to have Executive Assistant Bengtson call and remind council the day before. 2. The November 3,2015 CCDA meeting is cancelled. Next CCDA meeting is December 1. 3. City Recorder Krager distributed copies of the public comments received by the noon deadline regarding the Fields Trust Comprehensive Plan Amendment and Zone Change. 4. February 4, 2015,is Mayor Cook's State of the City Address,at Indio Spirits, time TBA. 1. BUSINESS MEETING- 7:30 PM Im A. At 7:31 p.m. Mayor Cook called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 3 of 16 C. Mayor Cook asked those attending to stand with him for the Pledge of Allegiance. D. Mayor Cook asked staff and council if there were any Non Agenda Items. None. IR 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication: City Manager Wine said council heard from Paul and Joni Heidt and Kristen Block about an application for a proposed cell tower in their neighborhood. Council asked that staff meet with neighbors and view the meeting video to hear their testimony. That meeting occurred and there continues to be frustration about the city code's inadequacies as it relates to the attachment of cell towers to utility poles. The situation is under staff review and a decision will be rendered by the end of the month. Council President Snider stated to the extent possible he would like staff to solve the neighbors'problem and still move the application forward,particularly if the solution involves discussion with the applicant. City Manager Wine said it was her understanding that neighbors and staff have both indicated to the applicant that alternatives are sought. A reference was made to putting the tower on property the city owns but it turned out that the property referred to was Jack Park and there is a community garden in that spot. She said all parties are trying to meet the interests of the neighbors in particular and she will report back on this in the future. B. Citizen Communication—Sign-up Sheet Mayor Cook asked those who signed up to speak for the Quasi-judicial Public Hearing to speak to the resolution under consideration only and reminded them that they may not speak to the rest of the record. Neal Brown, 13853 SW Box Elder Street,Tigard, OR, 97223 read"Ode to a Fallen Soldier" about two political lawn signs,one that was vandalized with spray paint and broken. He found the damaged sign on the ground in the rain. Rain represents tears that after 50 years of being a city we still do not have a community or recreation center. He said 20 years ago Sherwood showed Tigard the way. This is Tigard's opportunity to turn raindrops into tears of joy. He said, "Please vote,please vote yes,please vote yes for Tigard." He submitted three copies of the tabloid materials supporting the community center from the Friends of the Downtown YMCA to council and copies have been place into the record. Cleon Cox, 13580 SW Ash Avenue,Tigard, OR 97223, spoke as a Tigard tax payer for the past 31 years. He asked people to vote no on Measure 34-241. He said it is his opinion that the city cannot afford its own recreation center as proposed. He said the project sounds great but not at the taxpayers'expense which he has figured would be a four-percent property tax increase for him. If this goes through the city will still come back for more money for maintenance or other problems with it. This is just the first round. He said another problem he has is that a city councilor and PRAB liaison is one of the main proponents and that seems like a conflict of interest. He said Oregon is the fifth worst state for senior citizens to live in based on taxes and this would be another tax on top of the others. He said the advertising on this is misleading; everybody seems to think it is the TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 4 of 16 YMCA but that has not been figured out yet. Misleading information is out there and it bothers him that people are referring to it as the"Y"at a specific address downtown. Misleading information is not right,not correct. It bothers him when people can it the Y. Maybe it should go in further from downtown out near where the new growth is. As for gathering together, times have changed;people do not do that. He suggested letting the private sector fund its own recreation center. Chris Garstek, 11774 SW 125`'' Court,Tigard, OR, 97223,invited everyone to the Halloween Dog Costume Contest at Potso Dog Park on October 31,Mayor and Mrs. Cook and Parks Supervisor McKnight are judges this year. The contest is for dogs but their owners can wear costumes too. Nick Frezza, 13275 SW 76`x'Avenue,Tigard, OF., spoke regarding the resolution before council this evening. He said on October 13 Councilor Goodhouse proposed an amendment and much discussion ensued. Instruction was given to the planning staff to go back and craft a resolution. Councilor Goodhouse's intent was to prohibit access through the Rolling Hills neighborhood to any new development on the Fields Trust property. There was no intent to repeal Resolution No. 79-87.The neighbors looked at the proposed resolution on the city's website one hour ago and were disturbed. He said Section 1 prohibits vehicular traffic originating from the Fields Trust property from passing through the adjacent Rolling Hills neighborhood. It does not say anything about getting there. Section 3 repeals Resolution No. 79-87 which was the street plug. The resolution before council tonight does not reflect the intent of Councilor Goodhouse's original idea. This creates an opportunity however far-fetched, to make Varns Street a one way street into any development and take the plug out. He said that was not the intent. Eric Lea, 7530 SW Varns Street,Portland, OR 97223, spoke to same issue as Mr. Frezza. His concern is that the proposed resolution is clearly not in the spirit of the resolution from the conclusion of the previous meeting. He said he watched the video of the meeting many times and Councilor Goodhouse's proposal contained language that proposed an amendment to the approval of the zoning change that would prohibit access to the Fields development via Varns Street. This was not simply an acknowledgement of Resolution 79- 86;it was a much bolder,more meaningful statement that would not lend itself to reversal or easy modification by a future council with or without public comment. It is their concern that these things can be readily changed without additional public comment. The message was clear—no through traffic on Varns Street to future development on the Fields Trust property. He said they began the evening with a simple acknowledgement of the previous resolution that had a street plug on Varns Street. Councilor Goodhouse's resolution strengthened it by suggesting plugs be placed on other routes to prohibit through traffic on Varns. He said they have gone from acknowledging it, to strengthening it, to now weakening it. The proposed motion was manipulated and diluted so it is largely powerless and ineffective. He urged council to consider the original spirit of the motion and act upon it not the new,diluted version. IM April Frezza, 13275 SW 76`''Avenue,Tigard, OR, 97223,agreed with the previous two speakers that the language in this resolution does not match the intent of what was deliberated on October 13. What she heard clearly was that Councilors Goodhouse and Snider were concerned about access through the Rolling Hills neighborhood not only from Varns Street but from any street within the Rolling Hills neighborhood. She asked council TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 5 of 16 not approve this resolution as drafted and hold true to the intent of what they were trying to reach on October 13. Reed Gillette, 7480 SW Varns Street,Tigard, OR, 97223, commented on the resolution. He said intent is mental desire and will to act in a particular way. He echoed his neighbors in saying that the intent was not what was drafted. In his profession he is required to take ethics training every year and has to sign off that he understands what ethics are,knows how to behave and what is right and wrong. He said that given the fact that this was drafted a certain way and there were some other things going on,he encouraged the planning commission to take ethics training so that, "we are aware and things are transparent." He asked the city attorney to examine the way conduct is being handled. He said, "My tax dollars are paying for this and I believe lawsuits could come up from these types of things." He said the city should take a look at the way the planning commission behaves. 3. CONSENT AGENDA: Mayor Cook announced the consent agenda items. Item B (Council Minutes) is not included in the motion to approve the Consent Agenda and will be considered at the next business meeting. A. PROCLAIM OCTOBER 27,2015 AS MANUFACTURING DAY IN TIGARD B APPROVEG14:Y COUNGF6 MINUTES- 0 IN TES0 fl,.t..ber 12, 2045 C. RECEIVE AND FILE: 1. Councilor Woodard's National Parks and Recreation Association Conference Notes Councilor Woodard moved for approval of the Consent Agenda. Council President Snider seconded the motion. Motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 4. PRESENTATION OF THE TREE FOR ALL CHALLENGE AWARD BY CLEAN WATER SERVICES Clean Water Services Watershed Director Bruce Roll presented the Tree for All Challenge Award to the City of Tigard. He said a challenge was issued to mayors and councils and played a video chronicling the eight-month long planting period activities. He thanked city staff Carla Staedter, Steve Martin,Lora Faha, Greg Stout and Theresa Reynolds. He mentioned the leadership of Mayor Cook and City Manager Wine. Mayor Cook said trees mean a lot to the community. Trees in TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 6 of 16 stream corridors are important for animals and the environment. He said Project Coordinator Staedter has been a stalwart supporter and won an award for her environmental work this year. 5. CONSIDER A RESOLUTION EXPANDING TIGARD ENTERPRISE ZONE TO INCLUDE THE CITY OF LAKE OSWEGO Economic Development Manager Purdy gave the background information on an opportunity to expand Tigard's Enterprise Zone to include Lake Oswego.Approving this resolution will add an area of Lake Oswego to the zone including 100 acres of property, 85 tax lots that are industrial or commercial and opportunities for 18 firms. One firm is ready for immediate investment. Lake Oswego City Council passed a similar resolution of approval and if Tigard passes one tonight,both resolutions will be sent to Business Oregon for their approval. Mr. Purdy showed an updated GIS map that defines the new zone. Councilor Henderson agreed that there is a lot of work to be done and he is glad we are working with our neighbors. He said it is a good thing for both cities. Councilor Woodard commented that this is a good program and will be another great partnership with Lake Oswego. Mayor Cook said Council President Snider moved for approval of Resolution No. 15-48. Councilor Goodhouse seconded the motion. Mayor Cook asked City Recorder Krager to read the number and title of the resolution. RESOLUTION NO.15-48—A RESOLUTION TO AUTHORIZE A REQUEST TO THE STATE OF OREGON FOR THE EXPANSION OF THE TIGARD ENTERPRISE ZONE TO INCLUDE A PORTION OF THE CITY OF LAKE OSWEGO Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 6. CONTINUED QUASI JUDICIAL PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE FOR FIELDS TRUST PROPERTY a. Open Public Hearing: Mayor Cook announced that the Public Hearing is closed. Written testimony only regarding the lot line adjustment and received by noon today was entered into the record and may be considered during deliberation. City Attorney Ramis said normally he would at this time read a lengthy statement about testimony process. He said in this case that is not necessary because testimony will not be taken as council is now at the deliberation stage. He noted for the record there was a request for the TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 7 of 16 record to reopen to allow more information about a lot line adjustment and its relation to the zone change. The city sent out a notice making it clear that there was an opportunity to submit written testimony and comment on this and council can consider that testimony. He said council could reopen the hearing if they chose but there was no legal requirement to do so. b. Staff Report: Associate Planner Pagenstecher said materials in the agenda included information brought forward from the proposed comprehensive plan amendment and zone change, a resolution requested by council and the public comments mentioned earlier. There were five comments from four neighbors and one from the applicant. He briefly addressed the issues. 1. Why would the city permit a lot line adjustment during a rezone application? It is an independent process and serves the applicant's desired outcome,however at their own risk. There is no effect on zoning. There is no connection. 2. Why would lot line applications not be shared with neighbors, planning commission or city council? Attachment 1o the application shows the intention to readjust the lots. A Type I review requires no notice and this is not material to the rezone. 3. Can a zone be changed without council action? No. It can only be changed with council action. 4. Can a lot line adjustment be used to circumvent an application for a zone change? No. The status of the lot line adjustment today is that the county tax layer shows them as submitted by Nick Frezza in comment letter. No. 2. However, the record of survey which was accepted by the county on August 12 shows the outcome of the second lot line adjustment which is as shown in Kelly Hossaini's comment letter No. 4 and is consistent with the legal description in Attachment 1 of the application for the zone change. 5. The ordinance for the October 13 council hearing may be invalid because of the tax lot references. True. So the ordinance tonight has been revised with current tax lot numbers available from the county. Mr. Pagenstecher said in conclusion that the lot line adjustment is not a relevant issue for council's deliberation on the proposed application.As shown in the staff report the project meets the applicable approval criteria and can be approved with the recommended conditions of approval. C. Staff Recommendation:Associate Planner Pagenstecher said staff recommends that council adopt the ordinance approving the proposed comprehensive plan amendment and zone change. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-63941711 www.tigard-or.gov I Page 8 of 16 d. Council Deliberation Council President Snider asked if council's intent is to act on the ordinance before Resolution No. 15-49 and expressed discomfort with that order. City Attorney Ramis said that it completely within the discretion of council to change or adjust the order of the agenda. Council could continue the discussion on the ordinance,act on the resolution first, and then return to consideration of the ordinance. Council President Snider said he was not sure he could approve one without the other and they are not in an order that would assure him of that. Mayor Cook asked council if they wanted to change the order and consider the resolution first. Council agreed. e. Council Discussion and Consideration of Resolution No. 15-49 Council President Snider noted he heard significant concern from the public tonight that what council previously proposed is not what was written. He asked who wrote the resolution and Associate Planner Pagenstecher said he wrote it to meet the intent of the concern about preventing vehicular traffic from entering the Rolling Hills neighborhood from the Fields Trust property. It is in three parts and does that however, he understands the neighbors feel there could be traffic coming from the other way. Council can address that if they feel it is a risk. Councilor Goodhouse said that is one aspect,but he also meant to add onto and not repeal previous Resolution No. 79-86. Associate Planner Pagenstecher said he added the repeal because he thought they would be redundant. If vehicular traffic is prevented from entering the neighborhood that would include Varns Street. Council President Snider said he understands the concerns people have about repealing 30-plus years of a resolution being in place but he also agrees that they are redundant. Councilor Goodhouse said the wording should be changed to say that traffic is not allowed going either way and it is blocked off. Associate Planner Pagenstecher said staff could take that direction and revise the resolution for future review. Council President Snider said if it is not revised now council may not be acting on the ordinance and he asked how much time there was to revise it. Councilor Henderson said he heard it was troublesome to affix this resolution to the ordinance. He clarified that this is a separate issue, changing the 30-year old resolution to include not just Varns Street but the entire Rolling Hills community itself He said he did not want to make this a part of the ordinance so it does not complicate things in the future. Councilor Woodard said the resolution seems complex and he had concerns about potential risks and opportunities and what they might mean to the community and future development. He said he is concerned about risks to tax payers, economic development and livability and it is hard to imagine without knowing the vision for the development. He mentioned past requests for council review of code language regarding through-roads and barricades, and potential openings, etc. He said he had concerns about past council decisions and the precedents set. Without development plans or a traffic study he had difficulty conceptualizing. Associate Planner Pagenstecher agreed that council is being asked to make a decision to support one point of view without any countering information to support other values. He said he understands how without a vision or strategic plan to orient to it might seem incomplete. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 9 of 16 Council President Snider said this is a situation where if there had been a robust transportation network in this area the concerns and issues being raised by large group of neighbors may not be as relevant. But he thinks the transportation network in this area (adjacent to the Fields Trust property and Rolling Hills neighborhood) is inadequate. He travels it multiple times a week and it is one of the weaker parts of the city's transportation network. He said with that and the concerns and action from the 1979 council, the right thing to do is pass the resolution with amendments. The simplest way to fix the language is to strike the word"originating" and add the words "to and." As far as repealing Resolution No. 79-86 he looked to the city attorney for advice on whether it matters that there are two different resolutions and if it would be good for simplicity reasons to repeal it. He asked if there should be an acknowledgement of Resolution No. 79-86. City Attorney Ramis said it would be cleaner to express for the record the intention to replace a resolution that was narrower with one that is more comprehensive. That would explain the repeal and the intent behind it. He said if council leaves both in place it does create the potential for arguments about the possible ambiguity between them. Councilor Goodhouse said he agreed with Council President Snider about amending the language and acknowledging Resolution No. 79-86. It could be referenced so in future cases it is known that this council basically expanded the wishes of a council 30-years prior. Councilor Woodard said the council in 1979 had it right and this was an honest attempt to keep traffic from going down Varus Street.The resolution stands in its own. He said he was not sure how the area can be fully developed unless there is a really creative and great opportunity that would increase the homeowner's properties and be an investment to the entire community. That process was left in place so future councils could wait until those things came into play. The resolution and plug would still be in place. He said he was not comfortable creating something on the fly and is concerned about potential risk. When the city gets into the development aspect, traffic analysis and design, then the public comes back,reviews it and we start all over again. This could be ten or twenty years down the road. He said he did not want to make decisions for a future council. Council President Snider countered,"Future councils could repeal it." Councilor Henderson said there is language in the original resolution referring to signage and it is not present in the proposed resolution. He asked if there was language that protects what was originally protected. Associate Planner Pagenstecher referred him to the first"whereas"phrase where he paraphrased the earlier resolution referring to the plug on Varus Street including placing signs on the east entrance. Mayor Cook said he concurred with Councilor Woodard. He spoke with his father who was on the 1979 city council that passed this resolution. The reason it came forward is that the exit ramp from 217 was being put in. He said Resolution No. 79-86 is fine and is still in place. A future council can decide to change it, take it out or strengthen it. He said it does not relate to the zone change. Councilor Goodhouse said the proposed resolution holds up what was done in 1979 to make sure it cannot be side-stepped. All it would take is a simple side road to bring in traffic onto Varns. This just adds a few words to what council did in 1979. If new traffic studies and development come up in fifteen years then that council can change it with public hearings. Council President Snider said problems with leaving the resolution as is are that things have changed since 1979.The neighborhood has changed,35 years have passed,what is envisioned TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 10 of 16 in the big picture for the Fields Trust property is well known, the neighborhood is built out, and there are other roads at play. The intent of 1979 was clear but he thought council needed to take some action now and admittedly, could be repealed in the future. Councilor Woodard said he would be comfortable coming up with a new resolution after holding a workshop meeting on it. He said he was concerned about coming up with changes on the fly when he did not understand how it could affect process litigation. He heard the word, "lawsuit"in the testimony. tonight. He said he prefers to stand by the 79-86 resolution,hold a workshop and look at the code. He does not want to make a decision that will increase risk, He said he wanted to understand the legal ramifications. It looks like it would be good for the neighborhood but he wanted a workshop in order to understand risks and opportunities. Council President Snider asked if he would pass it tonight with a six-month sunset so those discussions can be held. He said if council does not do that he is not sure he can support the rezoning. Mayor Cook said his worry with waiting six months is that Councilor Woodard's concerns relate to more than this property. Councilor Woodard said he did not want to make that commitment and would like this topic scheduled for a workshop so he can get more land use and legal information. Councilor Goodhouse said he cannot move forward with the rezoning if the resolution is not considered with the simple changes. Councilor Woodard said he agrees with 79-86 but the language is not just a simple change to him. Mayor Cook noted that there are many properties and ways in and out of this neighborhood. Council has a chance to stop anything coming forward in the future. He said this does not relate to the zone change. Council President Snider moved for approval of Resolution No. 15-49 with the following amendments. Strike the word"originating" and add the words,"travelling to and." Councilor Goodhouse seconded the motion. Mayor Cook asked if there was further discussion. Councilor Henderson said what makes him certain about not voting for this is that 79-86 is in place and it is protected. Council President Snider said things have changed and that council did not have the foresight that the current council does. Councilor Goodhouse said two weeks ago all five councilors agreed to bring this back and consider new language. Mayor Cook said it was late at night and people were willing to postpone and come back for discussion. Council President Snider asked,with the importance of what the city is trying to do in an economic development partnership perspective for the Fields Trust property,why would council want to move forward with a contentious 3-2 vote either way and have it be contested and show council division. Councilor Henderson said this conversation started because there was concern from the citizens about the intent of Varns Street being pushed through and confusion about whether or not that would be tied to the ordinance. He said it should not be tied to the ordinance and he saw no problem with leaving this alone. It is protected by a resolution. Mayor Cook conducted a vote on the motion to approve Resolution No. 15-49. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 11 of 16 RESOLUTION NO. 15-49-A RESOLUTION OF THE TIGARD CITY COUNCIL PROHIBITING VEHICULAR TRAFFIC ORIGINATING TO AND FROM THE FRED FIELDS TRUST PROPERTY TO PASS THROUGH THE ADJACENT ROLLING HILLS NEIGHBORHOOD.THE SUBJECT PROPERTY AS OF THE DATE OF THIS REOLUTION IS WASHINGTON COUNTY TAX ASSESSOR'S MAP AND TAX LOTS 2S1010001100,2S1 01CA001 00, 2S101CA00800,AND 2S101DB00400 AS AMENDED BY ADDING THE WORDS"TRAVELING TO"AND STRIKING THE WORD"ORIGINATING. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that the motion failed 3 to 2. He concurred with Councilor Woodard and said this can be discussed in a Workshop session. Councilor Woodard made a motion to retain Resolution No. 79-86 in its full force. Council President Snider asked City Attorney Ramis to address a procedural question about moving to maintain existing resolutions. City Attorney Ramis said council is free to do that but if the question is whether it needs to be readopted for it to be in effect, the answer is no. Councilor Woodard withdrew his motion. Mayor Cook said council would now deliberate on Ordinance 15-16. Councilor Henderson moved for approval of Ordinance 15-16. Councilor Woodard seconded the motion. Council President Snider asked to revisit how much of the decision is quasi-judicial and how much is legislative. City Attorney Ramis said under Oregon's case law this would be considered a quasi-judicial decision as council is applying criteria to a discrete piece of property. He said it is sometimes confusing when making changes to maps because maps tend to be adopted by ordinance and ordinance action is thought of as legislative. In Oregon specific parcel map amendments are adopted by ordinance and are still considered quasi-judicial. Council President Snider said he takes his role and responsibility seriously and he has to evaluate this, steering clear of personal biases. He asked for a brief review of exact criteria to help with objective decision making. City Attorney Ramis said it would be appropriate for staff to reiterate the criteria if council wishes. Associate Planner Pagenstecher said applicable review criteria for this proposal are Community Development Code Chapter 18.380, Comprehensive Plan Goals 1,2, 9 and 10;and Statewide Planning Goals 1, 2, 9 and 10. Those numbers in both cases are for Citizen Involvement,Land Use, Economic Development and Housing. He added Oregon Administrative Rule 660,Division 9, Oregon State Transportation Planning Rule and Metro's Title 4 (Economic Development). These are addressed in the staff report and the planning commission recommendation to council. Council President Snider clarified that the question is whether the application and modification are consistent with those goals or are they more consistent as currently is zoned.Associate Planner TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 12 of 16 Pagenstecher said the staff report addresses the applicable standards to the proposed zone change and staff found that the proposed zone change meets those standards. Mayor Cook asked City Recorder Krager to read the number and title of the ordinance. ORDINANCE NO. 15-16-AN ORDINANCE APPROVING A COMPREHENSIVE PLAN MAP AMENDMENT (CPA2015-00004)AND ZONE MAP AMENDMENT (ZON2015-00005) FOR THE 42.6-ACRE FIELDS TRUST PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SW HUNZIKER ROAD &SW WALL STREET,TO AMEND THE COMPREHENSIVE PLAN MAP FROM 37.4 ACRES OF LIGHT INDUSTRIAL (IL),3.1 ACRES OF PROFESSIONAL COMMERCIAL (CP),AND 2.1 ACRES OF LOW DENSITY RESIDENTIAL (L) TO 18.3 ACRES OF LIGHT INDUSTRIAL(IL)AND 24.2 ACRES OF MIXED USE EMPLOYMENT (MUE).THE PROPOSAL WOULD ALSO AMEND THE ZONING MAP FROM 37.4 ACRES OF INDUSTRIAL PARK(I-P),3.1 ACRES OF PROFESSIONAL/ ADMINISTRATIVE COMMERCIAL(C-P),AND 2.1 ACRES OF LOW-DENSITY RESIDENTIAL(R-3.5)TO 18.3 ACRES OF I-P AND 24.2 ACRES OF MUE. SUBJECT TO CONDITIONS OF APPROVAL 1)APPLYING THE PLANNED DEVELOPMENT OVERLAY ZONE,2) PRESERVING EMPLOYMENT CAPACITY,3) IMPOSING A TRIP CAP,AND 4) ENSURING A 50-FOOT FORESTED BUFFER. THE SUBJECT PROPERTY AS OF THE DATE OF THIS ORDINANCE IS WASHINGTON COUNTY TAX ASSESSOR'S MAP AND TAX LOTS 2S1010001100,2S101CA00100,2S101CA00800,AND 2910IDB00400 At Mayor Cook's request that City Recorder Krager conduct a roll-call vote. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Ordinance No. 15-16 passed by a 4-1 vote of council. 7. CONSIDER A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING RIGHT-OF-WAY VACATION OF AN UNNAMED STREET Project Engineer Berry said Washington County passed an ordinance intended to vacate a remnant right-of-way property located at the southwest corner of Roy Rogers Road and Scholls Ferry Road. It is within the Tigard city limits. Washington County's resolution was based on a finding that the right of way is no longer needed and should be vacated. A state statute requires that the vacation is effective only if the city concurs. Project Engineer Berry said the origin of the right of way remnant is obscure but seems to be the result of realignment of Scholls Ferry Road at some point. It has never been used nor improved. Staff recommends council approval of a resolution TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 13 of 16 concurring with the vacation which will enable it to be developed as part of River Terrace. There were no questions from council. Council President Snider moved for approval of the resolution and his motion was seconded by Councilor Woodard. RESOLUTION NO. 15-49 -A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF A PORTION OF COUNTY ROADS NOS. 746 AND 812 Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 8. BRIEFING ON CAPITAL IMPROVEMENT PLAN (CIP) PROJECTS City Engineer Faha presented a quarterly update on the city's capital improvement plan (CIP). She showed a PowerPoint which is in the packet for this meeting. Her first slide was a summary of projects by category in the 2015-16 CIP not including the Lake Oswego/Tigard Water Partnership. She noted that the slides show the projects as of July 1 and projects which have been added since. She said already added two more since the PowerPoint was prepared. Highlights about each category were given. Colored circles indicate on target,minor issues or major issues. Parks Projects Dirksen Nature Park Education Center bids were received and as discussed in the Study Session the contract will come before council in November. A grant for Tigard Street Trail will be sought.The Fanno Creek Trail RFFA (Regional Flexible Funds Active Transportation and Complete Streets) grant has significant projects along the Fanno Creek Trail and is moving through the ODOT process now and a consultant is being hired. One additional project is the Fanno Creek Trail remeander which is back on the schedule. There is an upcomuig amendment with Clean Water Services that will detail how Tigard's portion of the project cost is significantly lowered. An additional project is called the Tiedeman Trail and it better connects the Fanno Creek Trail across Tiedeman Road and through the Swann property to join the trail in Woodard Park at a safer and less sharp angle. Streets Engineer Faha said Pacific Highway/Gaarde/McDonald is essentially complete. Mayor Cook asked about the vacant southeast corner property where the gas station was. He said ODOT owns it and if they sell it, could the proceeds be utilized to reimburse city gas tax funds used for project overages. He asked for follow up on this and City Attorney Ramis said he would work on an intergovernmental agreement for that. Council President Snider asked if the city traffic engineer felt the expected results were achieved. Engineer Faha said she has only heard good comments about it. Walnut Street is being done by Washington County and is going well. TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 14 of 16 An added street project is Hunziker Core/Wall Street/Tech Center Drive. Economic Development Manager Purdy got one grant and is seeking another,but in the meantime the city needs to move forward to get the project started. Councilor Henderson asked about Wall Street and said normally property owners on the west side of Wall Street would have to be involved with half-street improvements. The improvements would be a benefit to those on the west side of Wall Street so, "Shouldn't they be partners?" Engineer Faha said staff is in the process of getting right-of-way and needs to create an IGA to make that happen. Water Projects Engineer Faha said the city's key engineering staff person has been working full time for over a year at the Lake Oswego/Tigard Water Partnership project so it has been difficult to do additional water projects. Work has begun on the aquifer#2 rehabilitation. Cleaning the well will happen next fiscal year. The 550 zone connection to Price Reservoir was supposed to help bring water to River Terrace. Different ways were found to provide water to that development so this project may be stopped and staff will instead try to move forward the reservoir project. An added project is the Red Rock Creek water line relocation. This should be done now along with concurrent work in the Hunziker area. Sanitary Sewer Projects The Barrows Road sanitary sewer line is joint project between Tigard, Clean Water Services and Beaverton. The Walnut Street sanitary sewer project is associated with the Walnut Street improvement project. This needs to be done at the same time and the money is in one fiscal year and needs to be spread among two. Storm The Canterbury Lane storm line upgrade is being timed because there is a water line project scheduled and staff attempts to make sure projects in the same location are done concurrently. Engineer Faha said the line is functioning. Councilor Woodard asked what was found during scoping of the line and Engineer Faha said she did not know the details but said the operations crew could no longer maintain it. She noted that the outfall retrofit program should be integrated with the storm water master plan. Staff is preparing to go out for a consultant to develop a citywide storm water master plan and the storm retrofit analysis should be part of that plan. The River Terrace stormwater implementation has been extended into this fiscal years. Analysis is nearly complete. Facilities Projects Permit Center/City Hall/Police Building exterior wall repairs are on budget and on schedule. Council President Snider asked how much it cost and City Engineer Faha noted the project is under budget. City Manager Wine said the project is not completely done. A Citywide facilities plan will be initiated soon. An added project is that the Police Department wants to add on and improve their shower facilities so initial conceptual scoping will be done this year and it may become a project. Engineer Faha said another add-on project is the Roy Rogers Road widening which Washington County is leading and the city has a substantial amount of money to go towards that project with funds collected through River Terrace SDCs. Community Development Projects The Main Street gateway monuments are almost complete and the artwork lights are being calibrated. The public works yard demolition is complete. TIGARD CITY COUNCIL MEETING MINUTES— OCTOBER 27, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 15 of 16 Mayor Cook referred to the number of graphics with red dots,indicating schedule issues. He asked Engineer Faha what council could do to help and if the answer was more staff. Engineer Faha commented, "project management is change management," and engineering staff are hoping to do a better job anticipating what is coming down the line..They are looking at which projects might be eligible for grants. She said they are working hard to coordinate with other departments to understand what their needs are especially Community Development, City Manager Wine noted there is an ongoing evaluation of the engineering workload and staff will be coming to council with a proposal for increased staffing. Councilor Henderson asked about the gateway art monument project and requested a copy of the as-built drawings. Engineer Faha said she will send that to him after project completion. 9. NON AGENDA ITEMS -None 10. EXECUTIVE SESSION At 9:30 p.m. Mayor Cook announced that the Tigard City Council was entering into Executive Session to discuss real property negotiations under ORS 192.660(2) (e). He said the council would adjourn from Red Rock Creek Conference Room after the Executive Session. 11. ADJOURNMENT At 9:44 p.m. Council President Snider moved for adjournment. Councilor Goodhouse 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 RLZorder Attest: ��D_ I John oo Mayor 9 ate/ Date TIGARD CITY COUNCIL MEETING MINUTES—OCTOBER 27, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 16 of 16