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City Council Minutes - 05/08/1989 T I GAR D C I T Y C O U N C I L MEETING MINUTES - May 8, 1989 - 6:30 P.M. 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson, Joe Kasten; City Staff: Pat Reilly, City Administrator; Ed Murphy, Community Development Director; Jerry Offer, Assistant Planner; Catherine Wheatley, Deputy City Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION: a. Mayor Edwards advised a resolution was submitted to Council concerning the support of House Bill 3398. This proposed legislation would provide for the release of a portion of tax increment financing dollars to reduce tax rates. b. There was brief discussion on the Pac-Trust Engineer's Report included in the packet. It was once again noted that Pac-Trust would be paying for all costs associated with the Engineer's Report. C. Councilor Johnson referred to Council minutes of March 27, wherein Mrs. Ann Turner was to meet with staff concerning a development on a portion of the Cotswald property City Administrator advised the meeting with staff had been cancelled by Mrs. Turner. It was his understanding that she was not interested in rezoning the property at this time. He noted that the neighbors had been meeting with the developers. d. There was discussion on Consent Agenda Item 4.8a and b. City Administrator advised hand-carried material was submitted to Council with regard to the Senior Center bid opening. Staff was recommending the bid be rejected. City Administrator advised that the bid on the parking lot (Agenda Item 4.8b) was being analyzed and staff recommended this be postponed to the May 15, 1989, meeting. e. There was discussion on Agenda Item 4.5 which was to consider the approval of the selection of the Main Street bond project as recommended by the City Center Plan Task Force and the Transportation Advisory Committee. Council consensus was that they did not want to identify the intersection as a project at this time. Council requested staff submit the bridge portion of the Main Street project for Council review as a separate item on May 15, 1989. f. Councilor Johnson noted she would be contacting Jerry Seibold, whose property abuts SW 135th Avenue; Mr. Seibold had asked for landscaping screening in the right-of-way. Councilor Johnson asked for discussion to recall and clarify Council's decision to not plant shrubs at City expense. After discussion, Council consensus was that the City planting of landscaping would be an undesirable precedent because of liability concerns and ongoing maintenance expense. Council would not object if Mr. Seibold planted shrubs at his own expense. Page 1 - COUNCIL MINUTES - MAY 8, 1989 g. Councilor Kasten asked about the bikepath issue as was discussed at a prior meeting. Was there a legal issue concerning bikes and bike paths? City Attorney advised his office would be forwarding a memorandum on this subject soon. h. Councilor Eadon noted problems by the Brennan residents with regard to the Tigard East Development. Problems included animal control (possums); odors from the restaurant; landscaping/buffering shrubs dying; trucks behind the building with motors running during late night/early morning hours; and street sweeping noise. Community Development Director responded to the issues: o Possum Problem - The Code Enforcement Officer had been patrolling the area to determine if there was evidence of a problem with possums. His findings were inconclusive. It was noted the contact agencies for handling animal control problems would be the County Health Department and/or Washington County Animal Control. o Odor Problem - The Building Official had reported the restaurant was properly vented. He suggested installation of a charcoal-activated filter and a device to deflect odors away from the neighborhood might be helpful. The Code does not address odors crossing property lines. o Truck Motors Running During Off-Hours - It would be necessary to contact individual store management. o Dead Landscaping - The Developer had planted six, eight-foot Scotch pines to replace dead vegetation; however, there was still some view of the commercial buildings from the residential area. There was discussion concerning whether the City should now deal with the individual owners of the retail space or with the developer (property owners) . City Attorney advised if there was a violation of the conditions of the development, then it would be appropriate to contact the property owner. Councilor Eadon advised that Mrs. Brennan has noted she may be placing her property for sale because they feel it is unlivable. They may be seeking restitution for loss value of her property. i. City Engineer distributed material for the Washington County MSTIP/2 which may be proposed on the September ballot as a three- to five-year levy request. After discussion, City Council consensus was to not support the MSTIP/2 proposal because the Page 2 - COUNCIL MINUTES - MAY 8, 1989 derived benefit to Tigard residents did not warrant the cost. It was also noted that streets such as Bull Mountain, were not addressed even though concerns had been expressed several times for this area. Councilor Kasten, as Tigard's representative, would convey this consensus statement to the County. j . Councilor Johnson noted concerns with property for sale near the downtown area and potential development proposals which could detract from the goals of the City Center Development Plan. Discussion on the Comprehensive Plan Amendment policy issues followed. Mayor advised he was not in favor of reviewing singular cases, but would be in favor of overall development control in order to assure compatible design. Councilor Eadon noted past problems because the Code was not specific. If the intent was clarified, then issues would not be as arguable. 2. NON-AGENDA: a. Resolution considering support of House Bill 3328. Mayor noted Council discussed House Bill 3398 during their April 24, 1989, Council meeting. Consensus of Council was to review this proposed legislation and consider a resolution of support. b. RESOLUTION NO. 89-33 A RESOLUTION SUPPORTING ADOPTION OF HOUSE BILL 3398 PROVIDING FOR RELEASE OF A PORTION OF TAX INCREMENT BY AN URBAN RENEWAL AGENCY, WITH APPROVAL OF THE MUNICIPALITY, FOR PURPOSES OF REDUCING TAX RATES TO TAXING UNITS WITHIN THE MUNICIPALITY. Motion by Councilor Johnson, seconded by Councilor Kasten, to approve Resolution No. 89-33. The motion was passed by a unanimous vote of Council present. 3. VISITOR'S AGENDA: a. Rachel Hach representing Neighborhood House, Inc. requested a fee waiver on the City's OLCC permit processing for a fund-raising, wine-tasing event. She explained her agency was a charitable organization which was incorporated in 1955. She noted several of the areas in which her agency assisted included senior citizen centers and services to elderly shut-ins. Motion by Councilor Eadon, seconded by Councilor Johnson, to waive the City's OLCC processing fee. The motion was passed by a unanimous vote of Council present. b. Kim Barnes, representing the Tigard Christian Ministries Homeless Shelter requested the waiver of the Conditional Use Permit Fee. The basement of the Tigard Methodist Church was being proposed for use as a homeless shelter. C Page 3 - COUNCIL MINUTES - MAY 8, 1989 Ms. Barnes introduced several supporters from volunteer agencies in the area who were assisting in the establishment of the shelter. After discussion, there was a motion by Councilor Johnson, seconded by Councilor Eadon, to waive the Conditional Use Permit Fee which would represent a contribution to the homeless shelter on behalf of the City of Tigard. The motion was passed by a unanimous vote of Council present. 4. PROCLAMATION - WASHINGTON COUNTY VOLUNTEERS' WEEK a. Mayor proclaimed May 21-27, 1989, as Washington County Volunteer Week in the City of Tigard. 5. CERTIFICATE "IN APPRECIATION" PRESENTED TO CARROLL DIANE LANE a. Ms. Lane was unable to attend the meeting to receive her certificate. Mayor advised of Ms. Lane's efforts which lead directly to the identification and arrest of two armed robbery suspects and commended her actions. 6. CONSENT AGENDA: 6.1 Approve Council Minutes: March 27 and April 3 & 26, 1989 6.2 Receive and File: Council Calendar 6.3 Delegate Certain Authority Responsibility to the Community Development Director - Resolution No. 89-34 6.4 Approve Agreement with Oregon Department of Transportation for the Hall/Durham Traffic Signal - Resolution No. 89-35 6.5 Approve Selection of Main Street Bond Project as Recommended by the City Center Plan Task Force & the Transportation Advisory Committee (Pulled from consideration -- see action below.) 6.6 Appropriate Oregon Dept. of Transportation Grant-Res. No. 89-36 6.7 Appropriate $500 Donation for Use by the Tigard Police Department K-9 Unit - Resolution 89-37 6.8 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: a) Award Bid - Senior Center Remodeling; b) Approve Contract for City Center Parking Lot Landscaping Improvements; Adjourn LCRB; Reconvene Council Meeting (Pulled from Consent Agenda for separate consideration -- see action below.) Motion by Councilor Johnson, seconded by Councilor Eadon, to approve the Consent Agenda with Item .5 deleted and Item .8 pulled for separate consideration. The motion was approved by a unanimous vote of Council present. (Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting) C Page 4 - COUNCIL MINUTES - MAY 8, 1989 Consideration of item .8a and b: Motion by Board Member Councilor Kasten, seconded by Board Member Johnson, to reject the bid on the Senior Citizens Center and to postpone consideration of the Civic Center Parking Lot Landscaping Improvements to May 15, 1989. The motion was approved by a unanimous vote of Board present. (Council Meeting Reconvened) 7. APPEAL PUBLIC HEARING - CONDITIONAL USE CU 89-02 TIGARD ASSEMBLY OF GOD NPO #3 An appeal of the Hearings Officer's denial to allow construction of a 5,327 square foot gymnasium within a residential zone. LOCATION: 11265 S.W. Gaarde Street (WCTM 2S1 3DC, Tax Lot 1000) . ZONE: R-3.5 units per acre) . a. Public hearing was opened. b. There were no declarations or challenges. C. Summation of agenda item was made by Assistant Planner Offer. Staff report included the following: The Policy Issue was whether the Council should approve a Conditional Use application for a gymnasium/multi-purpose room to the Tigard Assembly of God Church and school, thereby reversing the Land Use Hearings Officer's denial of the application. On April 5, 1989, the City's Land Use Hearings Officer denied Conditional Use CU 89-02 requested by the Tigard Assembly of God. The church requested approval of a proposed 5,327 square foot gymnasium addition to its existing church and school located at 11265 S.W. Gaarde Street. Staff had recommended approval of the application subject to certain conditions. The Hearings Officer, however, denied the application upon a finding that Section 13.130.040 (1) (b) of the Community Development Code was not satisfied. Mr. John Annand II, the architect for the proposed addition appealed the Hearings Officer decision on behalf of the Tigard Assembly of God. C. Public Testimony: Proponents o Sandi Tibbetts, Principal of Gaarde Christian School, (personal residence: Rt. 4, Bob 404, Sherwood, Oregon 97140) read a prepared statement. In summary, her testimony included the following: Notation of the school's history. Enrollment of number of students would be restricted due to building code regulations. Gymnasium was compatible with school use of building. Gymi:asium would meet varied needs of students and community. Page 5 - COUNCIL MINUTES - MAY 8, 1989 o Ken Frank, Senior Pastor and Board Chairman, Tigard Assembly of God Church and Gaarde Christian School (Personal Residence: 10734 S.W. River Drive, Tigard, OR 97224) noted he { support for this request in the community. Mr. Frank submitted over 350 signatures of both residents and non-residents registering their strong support to appeal the Hearings Officer decision. Mr. Frank submitted his written testimony for the record (copy has been filed with the meeting material.) o Doug Warren, 5806 S.W. Caraway Court, Portland, OR 97219, noted he was Chief Planner in charge of Current Planning for the City of Portland. He noted his children attended Gaarde Christian School and his wife taught at the school. Mr. Warren's testimony included the following: - He noted criteria which he felt needed to be reviewed by Council. He referred to the Tigard Staff Report which outlined a wide-range of support among City divisions for the gymnasium. - He reviewed the Hearings Officer findings were based on specific elements which included: -- the requirement for adequate area on site for the needs of the proposed use -- adequate area for design treatment to mitigate possible adverse effects from use to surrounding property - He said the Hearings Officer did not adequately address the fact there was more than enough area to provide aesthetic design treatment. This was supported in the Staff Report. - He noted the Hearings Officer emphasized that the multi-purpose building would expand the uses of the building leading to adverse impacts which could not be overcome. He advised the building would be use primarily as a gym; usage would be limited because of building and health codes. He advised this gym would be utilized the same way as other gyms in the area. - He said the Hearings Officer stated that setback requirements were met. Mr. Warren explained the addition would be over 100 feet from the nearest property line which was over three and one-half times the required setback. He advised the Hearings Officer said the building mass would be visually obtrusive and stated with addition would be a 150 percent increase in mass of building. Mr. Warren questioned this calculation. He referred to a drawing of the proposed addition and commented on the visual impacts to adjacent properties. Page 6 - COUNCIL MINUTES - MAY 8, 1989 He submitted photographs showing houses and vegetation. He contended that landscaping could help mitigate some of the visual obtrusiveness; however, this had been rejected by the Hearings Officer. Mr. Warren asked Council to reverse the Hearings Officer decision and support the conditional use as requested. o John Annand, Architect for the Tigard Assembly of God, 8260 S.W. Hunziker, Tigard, Oregon 97223, referred to drawings on display which depicted the proposed addition. He advised the building would be used as a gymnasium, much the same as other school gyms in Tigard. He said mitigation efforts would be implemented to address neighborhood concerns. o Bob Bledsoe, NPO #3, 11800 S.W. Walnut, Tigard, OR 97223 advised of the NPO discussion on this proposal. He said he represented the minority viewpoint. (The vote on the issue was 2-3 against the proposed addition.) He noted he did not think the visual impact would be a significant problem; conditions on development could mitigate other objections. He recommended a compromise between the neighbors and the church. o Valli Kiehlbach, 11620 S.W. Gallo Avenue, Tigard, Oregon 97223, appealed to Council for favorable consideration of the proposed addition. She advised she works with children in the emergency room of a hospital -- this addition would help by providing a safe place for children to play. Opponents o Dave Klingele, NPO #3, 12900 S.W. 132nd Avenue, Tigard, Oregon 97223 requested the Hearings Officer decision be upheld. Mr. Klingele submitted documents written by the pastor of the church with which he disagreed. (Documents are on file with meeting material.) Mr. Klingele advised the neighborhood has extended enough compromises with the existence of the school. He said single-family livability in the area would be jeopardized if further expansion was allowed. Mr. Klingele noted the 100' setback (Mr. Warren's testimony) consisted of a parking lot and many times during the week, the lot was filled. o Kevin Watkins, 11330 S.W. Viewmount Court, Tigard, Oregon 97223, noted the adverse visual impact of the proposed addition. He called attention to the two functions of the building; that is, the church and the school. Mr. Watkins noted eleven property owners signed a petition against the conditional use request. He a3reed with the Hearings Officer's conclusion that there would be no way to mitigate the obtrusiveness of the massive building structure. Mr. Watkins submitted photographs noting the type of camera he used more accurately depicted distances than did Mr. Warren's photographs. Page 7 - COUNCIL MINUTES - MAY 8, 1989 o Dana Barker, 11340 S.W. Viewmount Court, Tigard, Oregon 97223, advised of the changes of use for the subject site over the years. She noted the neighbors have compromised enough. Further expansion would: -adversely affect livability -adversely affect real estate values She also noted there was no way to buffer impacts of the gymnasium to the adjacent homes. o Tom Mitchell, 11300 S.W. Viewmount Court, Tigard, OR 97223 noted the history of the area and increasing negative impacts because of the church property. o Gail Watkins, 11330 S.W. Viewmount Court, Tigard, OR 97223, noted the accommodations and comprises on the part of the neighborhood for the church to date. If the proposed addition was allowed, the increased usage of the facility would further negatively affect the neighborhood. Even if the use was conditioned, it was her understanding the neighbors would be put in the position of monitoring that the conditions were being met by the church. She did not think this was a reasonable expectation of the neighborhood. She supported the Hearings Officer's decision for denial. o Reid Hutchins, 11298 S.W. Viewmount Court, Tigard, OR 97223 noted the neighbors were taxpayers of the City while many of the persons using the church facility lived outside city limits. Impacts of the use of the property were being borne on a daily basis by the neighbors. He noted he supported the Hearings Officer's decision. o Ruth Hardie, 13890 S.W. 114th Avenue, Tigard, OR 97223 noted she recently sold her home in the area. She advised the presence of the church and accompanying activities limited potential buyers and times her home could be shown. She said the neighborhood has compromised enough. Ms. Hardie advised the school was excellent and provided a quality education even though they did not have a gymnasium. o Rich Pearson, 13830 S.W. 114th Avenue, Tigard, OR 97223, noted neighbors were not anti-church, but pro-quality-of-life. He advised the neighbors abide by Declarations oL Conditions and Restrictions which limit activities in the neighborhood to preserve its integrity. He noted problems with the church and commercial garbage pick-up occurring at 3:15 a.m. While the church was not responsible for this problem, they are only part-time residents in the City. It should not be the responsibility of the neighborhood to police the activity on the property. He further noted the church was only one property owner -- all of the adjacent property owners objected to the expanded usage of the property. page 8 - COUNCIL MINUTES - MAY 8, 1989 o Barbara Spencer, 13900 S.W. 114th Avenue, advised that fences along the church property were not paid for by the church. { o Ray Barker, 11340 S.W. Viewmount Court, Tigard, OR 97223, advised the church knew, when they moved onto the property the limited amount of land available for expansion. There comes a point when an area will no longer support expansion. This property started out as a church and was now supporting a school as well. The neighbors have compromised enough. He supported the Hearings Officer's decision. o Bruce Anderson, 11205 S.W. Gaarde Street, Tigard, OR noted his concerns as a neighbor to the subject property. He said the neighbors have compromised enough; the site should not accommodate any further expansion of use or facilities. He noted concerns with noise mitigation. He advised any conditions proposed, should the expansion be approved, should be enforceable and specific. He said the church has not been a good neighbor and did not feel the children were adequately supervised in the play area. Discussion/Cross Examination o In response to questions from Councilor Johnson, Mr. Frank and Mr. Warren advised the school met square-footage requirements (space required per student) required by the State of Oregon. Mr. Warren's rebuttal remarks included the following: - Because there was no gym, the children played outside whenever the weather allowed. If the gym was built, the number of outdoor playtimes would be cut down thereby lessening the impact to neighbors. - Issues, such as the garbage pick-up times, were not related to the subject of the hearing. - The photographs he submitted were not misleading. - Site usage, if the gym was built, would not increase significantly because of building codes. - Aesthetic treatment of the structure would overcome negative aspects of the gym's appearance. o Kevin Watkins rebuttal remarks included: - Meetings were not arranged as desired between the church and neighborhood. The meeting on May 1 was non-productive. - He disagreed with the remark by the pastor of the church that the neighborhood was a "vocal minority." Page 9 - COUNCIL MINUTES - MAY 8, 1989 - Neighbors would desire a meeting with the church after these proceedings for discussion of common concerns. - He believe the pictures he submitted were more accurate than Mr. Warren's. d. Recommendation by Staff: Community Development Director noted that no new testimony had been submitted which would alter staff's recommendation. He advised the Hearings Officer brought out good points for consideration, but believed impacts could be mitigated through conditional approval thereby meeting established criteria. Staff's recommendation was: Reverse the Hearings Officer's denial by approving the Conditional Use application for the gymnasium/multi-purpose room and direct the staff to prepare a final order. The approval should be conditioned upon the recommended conditions of approval contained in the March 23, 1989, staff report. e. Public Hearing was closed f. Consideration by Council: Council discussion followed and their comments included the issue of the type of use and impacts on the neighborhood. While acknowledging the good works of the church, Council consensus was the usage was too much for too little of area. Further, it was noted the multi-function building would potentially impact the neighborhood with increased noise and (` traffic from 7 a.m. to 10 p.m. t Motion by Councilor Johnson, seconded by Councilor Eadon, to uphold the Hearings Officer's decision to deny the Conditional use as proposed. The motion was approved by a unanimous vote of Council present. 8. PUBLIC HEARING - PUBLIC PEDESTRIAN ACCESS EASEMENT VACATION HEARING - COTSWALD MEADOWS N0. 3 SUBDIVISION Proposed vacation of a public pedestrian access easement within Cotswald Meadows No. 3, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by City Council on March 27, 1989 at the request of adjacent property owners. a. Public Hearing was opened. b. There were no declarations or challenges. C. Summation by Community Development Staff: Development Services Manager explained in staff report that Council initiated vacation request at their March 27, 1989 meeting. C Page 10 - COUNCIL MINUTES - MAY 8, 1989 When Cotswald Meadows No. 3 subdivision was approved, the Planning Commission required a public pedestrian access easement be provided between Lots 107 and 108. The purpose of this easement was to provide access to a commercially zoned property just west of the Cotswald Meadows No. 3 subdivision. At the request of the adjacent property owners, the Planning Conunission recently reviewed the original condition and determined the access should be eliminated. The Commission reversed their earlier position based on their finding that adequate access was provided on nearby streets and having an access between those two lots would be disruptive to the adjoining property owners. Utility and public safety providers have reviewed the proposal and have no objections. d. Public Testimony Proponents o Thomas J. Sullivan, Attorney at Law, 12105 S.W. 72nd Avenue, Tigard, Oregon advised he was representing the homeowner. He noted this easement was erroneously required and should be removed. He referred to the Planning Commission's reversal of their earlier decision; they support this request. o Bill Lamers, 13916 S.W. Crist Court, Tigard, Oregon, advised he had submitted a letter to Development Services Manager outlining his concerns with the access easement. He requested the easement be vacated since it would not serve the purpose for which it was originally intended. e. Recommendation by Community Development Staff was that the Council approve the vacation by passing the ordinance as submitted. f. Public Hearing was closed. g. Consideration by Council: ORDINANCE N0. 89-13 AN ORDINANCE VACATING A PUBLIC PEDESTRIAN ACCESS EASEMENT WITHIN COTSWALD MEADOWS NO. 3, A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. h. Motion by Councilor Eadon, seconded by Councilor Kasten, to approve Ordinance No. 89-13. The motion was approved by a unanimous vote of Council present. Page 11 - COUNCIL MINUTES - MAY 8, 1989 9. PUBLIC HEARING - PUBLIC RIGHT-OF-WAY VACATION - PORTION OF SW 66TH AVENUE IN WEST PORTLAND HEIGHTS SUBDIVISION Proposed vacation of a portion of S.W. 66th Avenue within West Portland Heights, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by City Council on March 27, 1989, at the request of Jim and Cora Corliss. a. Public Hearing was opened. b. There were no declarations or challenges. C. Council consensus was to continue to the Public Hearing to the June 12, 1989 Council meeting, allowing the applicant and the Oregon Department of Transportation time to work through certain unresolved issues. 10. PACTRUST - SINGLE-OWNER LOCAL IMPROVEMENT DISTRICT - RESOLUTION OF INTENT a. RESOLUTION NO. 89-38 A RESOLUTION DECLARING THE INTENT TO FORM A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT STREET AND UTILITY IMPROVEMENTS ON THE PACIFIC CORPORATE CENTER PROPERTY AND TO HOLD A PUBLIC HEARING, ADOPTING THE PRELIMINARY ENGINEER'S REPORT, AND DIRECTING THAT NOTICE OF THE HEARING BE GIVEN. b. Motion by Councilor Eadon, seconded by Councilor Johnson, to approve Resolution No. 89-38. The motion was approved by a unanimous vote of Council present. 11. NON-AGENDA ITEMS - None. 12. EXECUTIVE SESSION - Cancelled. 13. ADJOURNMENT: 10:10 p.m. Approved by the Tigard City Council on June 26, 1989. C�vu;"Lk U-) Deputy Recorder - City of Tigard ATTEST: ( dkakv�'� - City of g rd Council President cw/9964D Page 12 - COUNCIL MINUTES - MAY 8, 1989