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City Council Minutes - 08/09/2016 CitoTigard Tigard City Council Meeting Minutes ZI August 9, 2016 STUDY SESSION - 6:30 p.m. A. COUNCIL LIAISON REPORTS—Council reported on National Night Out events held on August 2. Councilor Woodard passed along a question about paving Manzanita Street. Councilor Henderson reported on the Willamette River Water Coalition meeting. He said Tigard will need to introduce a new council representative at the next meeting in November. Meetings are held every three months. Councilor Woodard expressed interest in being the representative. City Manager Wine said council will re-visit groundrules and review assignments for city boards and committees with the 1-2 new councilors in November. Mayor Cook said he was comfortable with a councilor sitting in for the November WRWC meeting. B. DISCUSS THE PROCESS FOR CONTINUING TIGARD'S FEDERAL ADVOCACY EFFORTS Senior Management Analyst Wyatt said the city has contracted since 2011 with CFM Strategic Communications, Inc. to provide federal advocacy. He described the process used to select a firm for the city's federal advocacy efforts. The city required firms submitting a proposal to have offices in Washington,DC and Portland,and have more than five years of experience working with cities in Oregon. Council was supportive of keeping the same criteria. Councilor Woodard requested that Confidential Administrative Assistant Bengtson add CFM meetings to the council calendars so he can attend and keep up with what is going on. Mayor Cook suggested Mr. Wyatt give council updates monthly or as things happen throughout the year. Mr. Wyatt said CFM is in the Portland area every 4-6 months. Council President Snider mentioned he is impressed with the perspective the city's federal advocates bring and he recommended not changing the process. Council mentioned value not only in federal grants received but in training council how to talk to legislators and recommended keeping this expertise. C. BRIEFING ON TIGARD PARTICIPATION IN WALUGA RESERVOIR ROOF REPAIR EXPENSES Tigard Water Partnership Program Director Koellermeier introduced this item and discussed Tigard's potential financial involvement in replacing the roof at Waluga Reservoir No. 1. It is a Lake Oswego asset but does provide daily service to Tigard. He asked council for direction on whether to participate in this roof replacement,which would then make the reservoir a shared asset. He said the Oversight Committee recommended starting the design. It is now in the phase TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dprd-or.gov I Page 1 of 19 of construction bidding. When asked what the value of the reservoir is Mr. Koellermeier replied that it is "redundancy." He noted that Tigard is already a co-owner of the other reservoir. Council President Snider said it should have been a shared asset from the beginning of the project and said he is generally supportive. Mayor Cook said buying in at$1.1 million is a good price. Mayor Cook asked if Tigard paid all of the Bonita Pump Station and Mr. Koellermeier said yes but the cost will be figured into selling water back to them. Council gave direction to proceed and bring this forward for approval. Mr. Koellermeier said it will not appear on a council agenda for some time and will need to be approved by the Lake Oswego council. D. CONSIDER GRANTING AUTHORIZATION TO ENTER RIGHT OF WAY NEGOTIATIONS NEEDED FOR EAST TIGARD SEWER REPLACEMENT Senior Engineering Technician Peck discussed right of way negotiations related to moving the existing East Tigard sewer line. Right-of-way negotiations for temporary construction easements and permanent sanitary sewer easements are needed for five parcels. This project is in the current CIP and includes upgrading the capacity to reduce higher than normal maintenance needs. The project costs are divided between Clean Water Services and the city. CWS will pay for public lines greater than 12 inches and required reconnections. The city will pay for the 8-inch public sewer line that will be used for future development. Council approved staff beginning the right-of-way negotiations. BUSINESS MEETING 10 A. At 7:34 p.m. Mayor Cook called to order the Tigard City Council meeting. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None 2. CITIZEN COMMUNICATION TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 19 A. Follow-up to Previous Citizen Communication—None B. Tigard Area Chamber of Commerce—CEO Monahan gave an update on chamber activities.Applications are still being accepted for the Leadership Tigard program, designed for adults to create connections and develop leadership skills. There are ten applicants thus far and there is room for 22 in the class. National Farmers Market Day was celebrated. The Tigard Downtown Alliance Street Fair will be held on September 10 and it includes a new Latin Fest program to be held on the future plaza space on the Tigard Street Trail. C. Citizen Communication—Sign-up Sheet. Becky Craven, 11577 SW Hallwood,Tigard, OR 97223, said she was here with her neighbors from the Pebblecreek subdivision about a noise ordinance problem generated by a Frontier substation. They have contacted code compliance and submitted petitions but Code Compliance Officer Shields said the city has no jurisdiction and since the substation was present prior to the subdivision they do not have to comply with the noise ordinance. She has spoken with Frontier's general manager of the area and he said they receive complaints about every three months and they looked into soundproofing but it was cost prohibitive. She said Frontier realizes they have a problem which they tried to fix. She asked if they could,as a good neighbor, do anything about the noise, and the response was that if the neighbors pay for it they might consider that. He suggested she sue the seller of her home because they did not disclose this. She asked if the city could help them. Council President Snider asked about the source of the noise. Ms. Craven said it is from the coolant system. In the summertime they cannot enjoy their backyards nor have their windows open at night. When it shuts off their windows rattle. Mayor Cook asked City Attorney Rihala if it is true that if something was here first they do not have to comply with a noise ordinance. City Attorney Rihala said a letter has been written to Frontier saying this is not the case. She said the city does have jurisdiction over the noise ordinance. City Manager Wine asked Assistant City Manager Newton to collect contact information from the speakers for follow-up. Gretchen Buehner, 11920 SW Imperial Avenue # 12,King City, OR 97224 reported a dangerous almost 90-degree turn on Fonner Street south of the Walnut Street/Tiedeman Avenue intersection. She has noted that since construction on Walnut the traffic is heavier and it is even more dangerous. The lanes are not up to code.The telephone poles are less than three feet from the pavement and a guardrail that is too close to the pavement. There are half-street improvements above the turn so drivers coming from the other direction may assume the street will be wider than it is. She said this is a relatively small project to widen the corner and asked that this be added to the CIP list. Council President Snider asked City Manager Wine to send this request on to the Transportation Strategy Team so it can be evaluated when discussing the CIP. Brian Wegener,Tualatin Riverkeepers, 11675 SW Hazelbrook Drive,Tualatin, 97062, said he wanted to recognize Councilor Goodhouse as the winner of the Tualatin River 2016 TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 19 Political Paddle Race by an impressive ten boat lengths. He presented the canoe paddle trophy. He noted that the Tualatin River is an important resource and the Riverkeepers e are applying for a National Water Trail designation and will ask council to support that application later in this meeting. Council congratulated Councilor Goodhouse for representing Tigard. 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MEETING MINUTES • May 24, 2016 • June 14, 2016 C. CONSIDER RESOLUTION GRANTING A FRANCHISE AGREEMENT TO ZAYO GROUP,LLC RESOLUTION NO. 16-32 A RESOLUTION GRANTING AND AUTHORIZING THE MAYOR TO EXECUTE A NON-EXCLUSIVE FRANCHISE TO ZAYO GROUP, LLC. TO OPERATE A TELECOMMUNICATIONS UTILITY WITHIN THE CITY OF TIGARD D. PROCLAIM SEPTEMBER AS KIWANIS CHILDREN'S CANCER CURE MONTH Mayor Cook presented a copy of this proclamation to Frank Morehouse and John Lancaster who represented the Kiwanis Club of Tigard. He said the proclamation recognizes the 21 years Kiwanis Clubs have raised money for Doernbecher Children's Hospital to support doctor fellowships. Councilor Woodard requested that the June 14`h minutes be moved to the next business meeting. Councilor Henderson seconded the motion. All voted in favor. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 19 Council President Snider moved for approval of the consent agenda as presented with the exception of the June 14,2016 meeting minutes. Councilor Goodhouse seconded the motion and it passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ 4. APPOINT NEW MEMBER TO THE TIGARD TRIANGLE CITIZEN ADVISORY COUNCIL Associate Planner Caines presented the staff report. She asked the council to consider appointing an additional member to the Tigard Triangle CAC. Elise Shearer was originally appointed to represent the City Center Advisory Commission (CCAC) on the CAC and also to represent the Tigard Transportation Advisory Committee (TTAC) as she was serving dual roles. Since then,Planning Commissioner Calista Fitzgerald,part of the original CAC for the Tigard Triangle strategic plan has expressed interest in serving on the urban renewal CAC. Councilor Woodard moved for adoption of Resolution No. 16-33. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 16-33 -A RESOLUTION APPOINTING AN ADDITIONAL MEMBER TO THE TIGARD TRIANGLE URBAN RENEWAL PLAN CITIZEN ADVISORY COUNCIL Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ 5. APPROVE APPOINTMENT OF LIBRARY BOARD MEMBER AND ALTERNATE Library Director Barnes gave the staff report and said Mayor Cook and Council President Snider interviewed and recommended Joseph Callahan to be a voting member and Mark Loomis to be an alternate member of the Library Board. She said staff is recommending approval of the resolution to appoint them. TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 19 Council President Snider moved to approve Resolution No. 16-34. Councilor Woodard seconded the motion City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 16-34 -A RESOLUTION APPOINTING JOSEPH CALLAHAN TO THE TIGARD LIBRARY BOARD FOR A TERM OF FOUR YEARS, EFFECTIVE JULY 1,2016 THROUGH JUNE 30, 2020;AND APPOINTING MARK LOOMIS AS ALTERNATE FOR A TWO YEAR TERM, EFFECTIVE JULY 1,2016 THROUGH JUNE 30, 2018 Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Library Board members Joseph Callahan and Mark Loomis were present and Mayor Cook called them to come forward. He thanked them for volunteering and presented them with a city pin. 6. CONSIDER RESOLUTION SUPPORTING A NATIONAL WATER TRAIL DESIGNATION FOR THE TUALATIN RIVER Parks Manager Martin gave the staff report and said council heard a presentation in July about the Tualatin Riverkeepers application for designating the Tualatin River as a National Water Trail. All public agencies adjacent to the river are being asked to sign a letter of consent and provide a resolution of support. Councilor Woodard remarked that this is a great opportunity and there are many benefits to having this designation. He referred to the property the city owns near River Terrace which has river access. There is also training and technical assistance. Councilor Woodard moved for approval of Resolution No. 16-35. Councilor Henderson seconded the motion. RESOLUTION NO. 16-35 -A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A LETTER OF CONSENT TO THE APPLICATION FOR DESIGNATION OF THE TUALATIN RIVER WATER TRAIL AS A NATIONAL WATER TRAIL Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 19 Mayor Cook conducted a vote and announced that Resolution No. 16-35 passed unanimously. 7. QUASI-JUDICIAL PUBLIC HEARING—SW 113 COMPREHENSIVE PLAN AMENDMENT AND ANNEXATION - (ZCA2016-00001)AND CPA2016-0001) a. Mayor Cook opened the public hearing. b. City Attorney Rihala read the quasi-judicial public hearing procedures. A copy of the hearing procedures was available at the front of the room. C. Mayor Cook asked council if any member had a conflict of interest or ex parte contact. Councilor Woodard replied that he walked through the area. d. Mayor Cook asked if anyone in the audience challenged the participation of any Council member. There was no challenge. e. Mayor Cook read a statement about conduct for the hearing. f. Staff Report—Associate Planner Caines gave the staff report and presented a PowerPoint. Three parcels and the adjacent right of way (approximately 7.5 acres) is recommended for annexation for development which makes an automatic zone change from Washington County R-5 to City of Tigard R-4.5 zoning The applicant is also requesting to amend the Comprehensive Plan map designation and zoning from Low Density Residential (R-4.5) to Medium Density Residential (R-7). There is a variety of zones in the area including commercial,lower density and multi-family. Ms. Caines showed a slide of the site map and said services and facilities are available to the site and there is adequate capacity. She noted that one of the Comprehensive Plan polices is to avoid creation of islands and this will create a small island. The policy is to avoid creating islands but does not preclude it. Adjacent neighbors were invited to join the annexation and no one else signed up to annex. She showed a map of the zoning and the variety of zones in the area including commercial,lower density and multi-family apartments. A slide comparing zoning showed the number of units that could be developed under different zones.Annexed properties are automatically assigned a zone when coming into the city.A chart in the Community Development Code shows automatic rezoning of Washington County R-5 to City of Tigard R-45. Staff agrees with the applicant that Tigard's R-7 is the most similar to Washington County's R-5 zoning. Ms. Caines noted concerns that arose during the June 20 and July 18 public hearings. There will be changes to the neighborhood which has a rural feel with homes on large lots. Concerns were voiced about increased traffic,loss of trees,wildlife habitat and impacts to the creek. There were also concerns about notification to neighbors. Staff double checked their records and saw that the ones called out were notified. There is a mobile home park near the site and there was concern that they were not notified. But the requirement is to notify property owners from the Washington County Tax Assessor's roll and this was done,meeting state law. Staff also conferred with the city attorney. Notification went to the landowners of the mobile home site and this is the requirement. TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 19 The Planning Commission considered this matter and voted 7-1 to recommend that the Tigard City Council approve the annexation and Comprehensive Plan amendment based on the findings attached to the council's staff report for this meeting. g. Applicant's attorney Michael Robinson, 1120 SW Couch Street,Portland, OR 97209 introduced Annemarie Skinner of Emerio Design who put together the presentation for staff review. He said Ms. Skinner will discuss why R-7 is more appropriate than R-4.5 zoning. He said he would address issues staff mentioned. He noted that Kurt Dalby,Land Manager of Mission Homes lives in Tigard and while it is not relevant to this application he wanted council to know that Mission Homes is owned by Tigard residents. He reminded council that this application is for zoning and a Comprehensive Plan amendment,not development. If this land is annexed and zoned as requested there will be an opportunity to discuss issues related to development but that is at a later date. The criteria before council tonight are the criteria for annexation (18.320.13 and C, 18.380, and 18.390). He said the staff report shows how these are met. He added some evidence in the record related to livability has to do with impacts from multi-family housing but this is an application for annexation and a map amendment for single-family homes. He asked that should council tentatively approve this tonight that they ask the applicant to prepare draft findings for review by the city attorney and planning department and come back to adopt the findings at a later date. Annemarie Skinner, Emerio Design, 8285 SW Nimbus, Suite 180,Beaverton, OR 97008,spoke about differences in density required by Washington County and Tigard between the three zones under discussion. She said Washington County does not have zoning that matches Tigard exactly on the chart in the code. She discussed calculations that show the minimum density of the City's R-4.5 zone would yield 22 lots and the R-7 minimum density is 33 lots. The minimum density of the county's R-5 zone is 30. The said the question is whether the R-4.5 or the R-7 conforms closest to the existing Washington County zoning of R-5 for the subject parcels. Policy 1 of Goal 14.2 of the city's Comprehensive Plan states the city shall assign a Tigard zoning district designation to annex property that most closely conforms to the existing Washington County zoning designation for that property. Given that the R-7 zoning in the city has a minimum lot size of 5,000 square feet and allows a maximum density of 33 lots, compared with the minimum lot size of 5,500 square feet and a maximum density of 37 lots,the city's R-7 zone more closely aligns with the county's R-5 zone than does the city's currently assigned R-4.5 zone. Applicant Attorney Robinson said this is what the Planning Commission heard and voted 7-1 to approve because they found the evidence to show it more closely conforms to the county's R-5 zoning. He discussed the notice issue and said while it may be a nice idea to notify tenants, that is not what the city code and state law require. We would have to change the law to do what was suggested. Staff fully TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 19 complied with the law by providing notice to property owners on the most recent Washington County tax assessment rolls. He said traffic is a fair issue to raise but what is being talked about is an additional seven dwelling units which equal 70 trips during a 24-hour period. The staff report has findings that this does not change the intersection at 113`h and Durham Road and there is evidence from ODOT that there would be no impact on state facilities,which is Highway 99W. The traffic generation is so small it did not trip the requirement for a traffic analysis. There will be sidewalks on both sides and the road is very wide and more than adequate for these single-family homes. He said the staff report lists all services that will be available and states they are adequate for the site. He said he understands that people hate to see change in their neighborhood but this will be a good single-family development with lots and density commensurate to what would occur in the county's R-5 zone. h. Public Testimony: Mayor Cook called upon those who signed up to testify on the sign-in sheet. Kirk Dalbey, Land Manager for Mission Homes NW, 5450 SW 87th, Tigard, OR 97223 said all three owners of Mission homes live now and have lived in Tigard for many years and he does not know where the notion to the contrary came from. He pointed out that when looking at the map, there was an island for an R-24 unit development done on a single acre and it should not have happened. He said he had a choice to go to Washington County or to go to Tigard for this subdivision. The developer on the adjoining site found a way to get water from the city and to stay in the county and do a maximum density, vertical multi-unit development on his site. All along he wanted to go to the City of Tigard where he has developed hundreds of lots just in the immediate area. He has satisfied clients and said he provides a product that is something to be proud of. He said he wants to come through the front door to get sewer and water and does not want to go to Washington County and go back door to try and get water and sewer. He said he is also suggesting a number of units that is dramatically different from what he could do under a Washington County zone. He said Mission Homes' product is a single-family, full-sized home for a mid- sized buyer that can actually afford to live in Tigard. He said their goal is affordable housing. It is imperative to provide density in a reasonable level on property that is already inside the urban growth boundary where people can walk to retail unlike at remote farmlands being developed. He thanked council for careful consideration of their proposal. Vicky Craig, 16325 SW 113'Avenue, said she owns the property under consideration. She and her husband moved here in 1984 and have been in the same location for 32 years. In the 1980s the mall was built. There were 22 acres with three houses and farmland.Across the street where the apartments are used to be pasture and the apartments were built in 1991. She has seen a lot of development but had no problem with it. She is excited and would love to be annexed into the city. They had a small commercial garden and once 1200 garden visitors came to their iris display gardens. She said her husband worked downtown and could easily take the bus to work. It is a wonderful location with easy freeway access. She said she would love to see these homes come in. TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 19 Kellen Meskel,lives at 16285 SW 113'Avenue,Tigard,OR 97224 behind Mrs. Craig. They have lived there 15 years and her husband's family has lived in the home for over 40 years. They have seen changes to the neighborhood while going through photos recently. They always felt they were part of Tigard and are excited to be annexed into the city. She has researched Mission Homes NW and she felt that Mr.Dalbey builds quality products that will bring good residents and citizens into their acreage. Olivia Derridinger, 16425 SW 113`" Avenue, Tigard, OR 97224 owns property abutting the Craigs and the Meskels. She said she is not opposed to annexation but is concerned about the lack of a comprehensive plan for the area and does not understand why the city would want to change from R-5 to R-7 and allow more homes to be built on an area near the creek which empties into the Tualatin River. She said the city is setting itself up for failure as far as protecting the creek and the river (and it would be great if the Tualatin receives the National Water Trail designation). She has heard before that only three homes would come up against their property but it is now eight homes according to a map they have seen. She clarified that the notion about the developer living in Lake Oswego came up because that is what was in the Planning Commission minutes from previous hearings. She reiterated that they do not oppose annexation and the neighbors have the right to sell their land and leave. She said they would like to keep it at R-4.5 instead of R-7 because R-7 opens it up for duplexes. No one has seen the final plan for this development plan. Council President Snider said council's job is this situation is to act as a judge based on evidence, ordinances,rules and code. He said council is not thinking about what they want politically. They are in judge/jury mode. He asked her what specific approval criteria in the recommendation did she believe is incorrect and what is her evidence. Ms. Derridinger replied that the tables shown comparing Washington County R-5 and Tigard R-7 are incomprehensible. She said to her R-5 is closer to R- 4.5,low density zoning is the automatic switch to city zoning from county zoning. Gretchen Buehner, 11920 SW Imperial Avenue, # 12,King City, OR 97224 said she had no opposition to the zoning change and because it is going to R-7 they will be able to build fewer homes than with the county. She is concerned with the annexation east of 113`"Avenue. She said prior to 2007 there was an issue with a county commissioner who had a problem with Tigard's desire to annex Bull Mountain because Tigard had not yet annexed all their islands. The city reached an agreement with the county that allowed a cherry stem out Barrows Road towards Scholls Ferry Road. This was done with the understanding that the city would work on annexing islands and in 2010 a formal council resolution was approved regarding this annexation policy. When River Terrace planning was complete the city was supposed to actively start annexing its islands. This proposal would create another island and this is in direct violation with Washington County. There are two options that would not violate that agreement. One is to only annex property west of 113`" Avenue. The other is to immediately initiate a forced annexation of that parcel. She TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 19 said it is very important that council maintain credibility with the county and she wanted the current council to be aware of the prior agreement. Denise McKnight, 16525 SW 113 Avenue,Tigard, OR 97224 said she did not oppose annexation but had concerns with the calculations of home sites. She was concerned that the acreage figure does not take into account the creek and the buffer zone around it. She asked if staff was taking out the property lost for the creek and buffer zone in their calculations. She asked who would maintain the area—the new neighbors, the developers or the City of Tigard. Clean Water Services will have requirements. i. Response to testimony by staff. Associate Planner Caines responded regarding the annexation of islands. The comprehensive plan policy says the city should avoid the creation of islands but does not say that they cannot be created. She was not aware of agreements being made regarding River Terrace. Regarding comparison of zone calculations, she said her intent was to show a comparison of the actual square footage between the two zones to show the relationship. Council President Snider said it would not matter what was taken out;it was a relative comparison. j. Applicant rebuttal to testimony Attorney Robinson said Council President Snider got it right in his comment about the zone comparison. It is a gross acreage calculation. He requested that staff show the slide of the table and read Goal 14.1 and said staff is right that this is the closest comparison. He said staff is also right about the city's policy regarding island annexation. There is no mandate to the council and as the city's legislative body can decide when to annex islands. He noted that the agreement Ms.Buehner referred to is not a plan policy and is not a relative approval criteria for this discussion. Kurt Dalbey reminded everyone that he "has miles to go." This is the front end of the process and each issue raised, density,wetlands,etc. will get dealt with in that process which has not even started yet. What is required of him for the plan being considered tonight is submittal of a sample plan. There are many comments to receive including those from Clean Water Services. On behalf of the applicant,Attorney Robinson asked council to follow staff and Planning Commission recommendations and approve this annexation and the R-7zoning designation. He said the applicants waive their final written argument. Council President Snider said he read in the Planning Commission minutes and heard tonight in opposition testimony concerns about livability,wildlife and the lack of a comprehensive plan for the area. He asked if any of those concerns are criteria that council can consider tonight. Associate Planner Caines said no. Council President Snider commented that council has had two discussions on annexation since former City Councilor Buehner left the council and former councils TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 19 cannot bind the actions of future councils. He said he saw nothing in the Planning Commission minutes about why Planning Commissioner Lieuallen voted no and asked Associate Planner Caines why that was. She replied that she did not know. Council President Snider asked why there is a table in the code that converts R-5 to R-4.5 when it does not appear to be a comparable zone. Ms. Caines said it is on the list of future code updates and noted that the table does not include a lot of existing Washington County zoning that will need to be added. Councilor Woodard asked about the location of the bridge in the applicant presentation. Mr. Dalbey said the roadway's current access to the site in the rear is the 50-foot access owned by a commercial retail center. It is for private use by a single dwelling. It is an easement owned by the retail center. In order to do this subdivision properly an adequate road to service the property on land that is owned by the developer would need to be built to cross the creek at some point but only after Clean Water Services has fully reviewed and selected the property location and methodology which would occur in the development phase. Councilor Woodard asked Mr. Dalbey if he was planning to come back and request higher density such as the R-24 zoning. Mr. Dalbey said his firm builds single-family homes. Councilor Woodard said the apartments were a travesty and he is glad to hear that single-family dwellings are what is being proposed. Councilor Henderson noted that he has been on council since 2009 and remembers all the annexation conversations. He agreed with Ms. Buehner's testimony that there is an agreement with the county that if Tigard could build the "cherry stem" to River Terrace that it would start annexing the islands. He said another development that would have created an island got an agreement from the property owners that ensured annexation within a certain period of time. He said council is trying to create policy and this is in direct violation of the city's annexation policy. He suggested the city either only annex one side of the street or force annexation before approval of the development under consideration. Council President Snider asked if this is in the approval criteria. Associate Planner Caines replied it is a Comprehensive Plan policy and applicants need to show that they comply with all of those policies as part of a Comprehensive Plan amendment. The Comprehensive Plan policy says the city should try to avoid creating islands but it does not we"shall not" create islands. She referred to another project, the Japanese Baptist Church in Metzger and said staff was given advice by the city attorney that it does not mean it cannot do this. Councilor Woodard asked if this was a discussion item at Planning Commission discussions. Ms. Caines said there was not a lot of discussion and they looked at the criteria and voted to approve it. Councilor Woodard said he came on council in the middle of the discussions on islands and asked if it would be an easy process to bring in the island at this point in time. He said he did not like the idea of creating an island. TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 19 Applicant Attorney Robinson said the annexation Councilor Henderson may have been referring to was the Venture Properties annexation and there is a huge difference between that annexation and this one. That applicant was able to work with the nearby properties but Tigard's planning staff got no response from the island property in this case. We have no connection with that property owner. He said the policy does not make the agreements that Ms. Buchner spoke of approval criteria. Approval criteria is Comprehensive Plan 14.2 policy 4 that says the city "may"require adjacent parcels be included in the annexation. He said if this is what council wants to do they need to give fair notice to people so they understand what their obligations will be. He said, "That was not our expectation in this matter and we have no way to control that." Mayor Cook said he agreed with Mr. Robinson. He agreed with Council President Snider that this has been discussed twice since Councilor Buehner was on the council and staff is working on how we will discuss island annexations. It is not a dead issue. He said council cannot address this island until they create it. He asked if they want to tackle this one now or include it in a bundle later. k. Mayor Cook closed the Public Hearing. 1. Council Discussion and Consideration: Two Ordinances - Ordinance No. 16- 16 and Ordinance No. 16-17. Council President Snider said this is a situation where we find ourselves in frequently where neighbors do not understand state law. There is no way to look at this application and conclude it does not comply with approval criteria. He said it is not an island issue. This council has not had the political will to act on annexation of all islands for some time. Councilor Woodard said that Washington County R-5 is close to City of Tigard R-7 zone. He commented that he has seen the same thing happen in his neighborhood. A big field was developed and at first he did not like it but it turned out all right. He said council has to make a decision based on law. Council President Snider moved to approve Ordinance No. 16-16. Councilor Woodard seconded the motion. Councilor Snider questioned the order of the ordinances because the annexation would need to happen prior to the zone change. As a result, Ordinance No. 16-16 became the annexation ordinance and Ordinance 16-17 became the Comprehensive Plan amendment. Council President Snider moved to table his motion and all voted in favor. TIGARD CITY COUNCIL MEETING MINUTES—August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 19 Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Councilor Woodard moved to approve Ordinance 16-16 and his motion was seconded by Council President Snider. City Recorder Krager read the new number and title of the ordinance. ORDINANCE NO. 16-16—AN ORDINANCE ANNEXING THREE (3) PARCELS OF LAND AND '/2 OF THE ADJOINING 113TH AVENUE RIGHT OF WAY TOTALING APPROXIMATELY 7.5 ACRES, APPROVING THE 113TH AVENUE ANNEXATION (ZCA2016-00001) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT AND TIGARD WATER DISTRICT City Recorder Krager conducted a roll call vote. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook announced that Ordinance No. 16-16 passed by a majority vote of council. City Recorder Krager read the number and title of the previously tabled ordinance, renumbered to 16-17 and conducted a roll call vote. ORDINANCE NO. 16-17 —AN ORDINANCE ADOPTING THE COMPREHENSIVE PLAN moved AMENDMENT (CPA2016-00001) TO AMEND THE COMPREHENSIVE PLAN MAP AND ZONING FROM R- 4.5 LOW DENSITY RESIDENTIAL TO R-7 MEDIUM DENSITY RESIDENTIAL FOR THREE PARCELS ON SW 113TH AVENUE TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 19 Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook announced that Ordinance No. 16-17 passed unanimously. 8. INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2017 FIRST QUARTER BUDGET SUPPLEMENTAL a. Mayor Cook opened the public hearing and announced that this is an informational public hearing and anyone shall be given the opportunity to comment. b. Staff Report—Senior Management Analyst Collins gave the staff report on a supplemental budget for$2.6 million which is offset by additional resources including beginning fund balances,contingency,grants and reserves. c. Public Testimony—No one signed up to testify. d. Council Questions: Councilor Woodard asked about the changes regarding the livability compliance specialist. Assistant Community Development Director McGuire said the former position did some code compliance work,minor planning work and filled permit counter shifts. That person left the city and the position now is split out into its own code compliance position and another assistant planner position was created. In response to a question from Councilor Woodard regarding the engagement coordinator, Assistant Community Development Director McGuire said that position will provide administrative assistance to the community engagement coordinator for outreach events. Councilor Goodhouse asked about the polling item. City Manager Wine said one takeaway from the Budget Committee meetings was direction to potentially seek a local option levy or a facilities bond. Staff agreed to survey and gain input from the community on what they prioritize as important and also whether there is interest and support for new city facilities. Councilor Woodard asked why the civic center visioning plan needed an extra$200,000 and City Manager Wine said the amount budgeted for a study was lower than estimates. He asked about parkland acquisition and Ms. Collins said it is for opportunities that may arise. Finance and Information Services Director LaFrance responded to questions about the additional 2.85 employees and said there is a high level of need in engineering due to the work being done on River Terrace. In addition, there is work involved for the civic center visioning and Assistant City Engineer McMillan needs to be freed up to concentrate on that. TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 15 of 19 Councilor Woodard expressed concern about the water fund contingency dropping from $500,000 to $100,000 and verified that this was due to the Walnut Street water line. Finance and Information Services Director LaFrance said it is worthy of concern and hoped that there will not be a need for any of the remaining contingency. He commented that if needed the backup could come from the water fund reserves. e. Staff Recommendation: Staff recommends approval of the resolution. f. Council Discussion g. Mayor Cook closed the Public Hearing. h. Council Deliberation and Consideration of Resolution No. 16-36. Council President Snider moved for adoption of Resolution No. 16-36 and Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 16-36-A RESOLUTION TO ADOPT THE FY 2017 FIRST QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO COMMUNITY SERVICES, PUBLIC WORKS,POLICY AND ADMINISTRATION AND THE CAPITAL IMPROVEMENT PROGRAM Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook conducted a vote and Resolution No. 16-36 passed unanimously. 9. CONSIDER A RESOLUTION OF SUPPORT FOR THE TIGARD-TUALATIN SCHOOL CONSTRUCTION BOND MEASURE Mayor Cook said he brought this forward for consideration. Councilor Woodard read the first paragraph of the resolution so people in the audience would know what this is for. Councilor Woodard moved for approval of Resolution No. 16-37. Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 16-37 -A RESOLUTION OF SUPPORT FOR THE TIGARD-TUALATIN CONSTRUCTION BOND MEASURE TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 16 of 19 Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook conducted a vote and the motion passed unanimously. Council President Snider asked if the city should do a press release and City Manager Wine said they could. 10. AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH TRIMET REGARDING COST SHARE OBLIGATIONS FOR NEW SIDEWALKS ALONG COMMERCIAL STREET AND PACIFIC HWY Senior Project Engineer Newbury presented the staff report and said council was briefed on this IGA with TriMet on May 17, 2017. After the agreement was signed ODOT presented a revised IGA. He discussed the changes which include no change in cost but changes in timing and which agency city needs to pay. The original agreement required payments to ODOT;this has changed to TriMet. This is currently budgeted in the CIP. Councilor Woodard noted that the document mentions Bull Mountain Road as being all under the county's control but the ownership is half city,half county. Engineer Newbury said he will follow up on that. Councilor Goodhouse moved to authorize the City Manager to sign an agreement with TriMet regarding cost share obligations for new sidewalks along Commercial Street and Pacific Highway. Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook convened the City Center Development Agency. 11. CONSIDER RESOLUTION APPROVING FY 2017 FIRST QUARTER SUPPLEMENTAL CITY CENTER DEVELOPMENT AGENCY TIGARD CITY COUNCIL MEETING MINUTES—August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 17 of 19 a. Chair Cook opened the public hearing. b. Chair Cook announced that any person wishing to comment on this matter shall be given the opportunity to comment. C. Staff Report: Senior Management Analyst Collins said this is for a $36,000 carryover to pay for redevelopment of the Saxony property and is the only item in this request. d. Public Testimony. None e. Staff recommended adoption of the resolution. f. Chair Cook closed the public hearing. g. CCDA Discussion and Consideration- CCDA Resolution No. 16-03 Director Woodard moved for adoption of CCDA Resolution No. 16-03. Director Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. CCDA RESOLUTION NO. 16-03 - A RESOLUTION TO ADOPT A SUPPLEMENTAL BUDGET AMENDMENT TO THE FY 2017 CITY CENTER DEVELOPMENT AGENCY BUDGET Mayor Cook conducted a vote and the motion passed unanimously. Yes No Director Snider ✓ Director Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook reconvened the City Council for remainder of meeting. 12. EXECUTIVE SESSION: At 9:38 p.m. Mayor Cook read the citation for an Executive Session to discuss labor negotiations under ORS 192.660(2) (d). He said the Tigard City Council will return to Town Hall after the Executive Session. The Executive Session ended at 9:52 p.m. 13. CONSIDER RESOLUTION TO APPROVE A NEW SEIU CONTRACT FY 2016-2019 AND AUTHORIZE CITY MANAGER TO SIGN Human Resources Director Bennett gave the staff report. She said there is a tentative agreement with the SEIU unit of the City of Tigard. Staff recommends authorizing the city manager to sign the contract. Council President Snider moved for adoption of Resolution No. 16-38. Councilor Goodhouse seconded the motion. TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 18 of 19 RESOLUTION NO. 16-38-A RESOLUTION ADOPTING A NEW COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF TIGA.RD AND SEIU LOCAL 503/OPEU LOCAL 199 AND AUTHORIZING THE CITY MANAGER TO SIGN Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Mayor Cook conducted a vote and Resolution No. 16-38 passed unanimously. 14. NON AGENDA ITEMS None. 15. ADJOURNMENT At 9:54 p.m. Councilor Goodhouse moved for adjournment. Council President Snider seconded the motion. All voted in favor. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ . � Carol A. Krager, City Recoi r Attest: vd4 John L. Ook,Mayor -avid Date TIGARD CITY COUNCIL MEETING MINUTES —August 9, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 19 of 19