City Council Packet - 05/30/2006
City of Tigard, Oregon
:Affidavit of Notification
In the Matter of the Proposed Notification of Tigard City. Council.Fifth Tuesday Meeting of
May 30, 2006
STATE OF OREGON. ) '
County of Washington ) ss:
City, of Tigard )
I; ~A T (fie WPrIqDj~j bein first duly sworn (or affirmed), by oath
(or affirmation), depose and say:
That I, notified the following. people/organizations by fax, of-..
• The Tigard City Council Fifth Tuesday Meeting of May 30,'2006
Barbara Sherman, Newsroom, Tigard Times (Fax No. $03-546-0724)
Newsroom, The Oregonian (Fax No. 503-968-6061)-
Editor, The' Regal Courier `(Fax No.. 503=968-7397)
A copy of said Notice being hereto attached and by reference made apart hereof, on the
day of 20jOA.
' igna of Person who. Per ormed tification •
Subscr' ed and sworn (or affirmed) before. me this 26day of
,20oE.
OFFICIAL SEAL
CAROL A KRAGER
NOTARY PUBLIC-OREGON
COMMISSION NO.402780 Signature of Notary Public for regon
Ow COMMISSION EXPIRESFEBRUARY23,2010
iaedmtcathytcounciAmeeting noticest2006tef0davit of notification. fifth tuesday may 30 2006.doc
CITY OF TIGARD
5th TUESDAY MEETING WITH
THE TIGARD CITY COUNCIL
MAY 30,2006; 7-9 PM
TIGARD WATER BUILDING - AUDITORIUM
'8777 SW BURNHAM STREET, TIGARD, OREGON
Please forward to:
L Barbara Sherman, Newsroom, Tigard Times (Fax No. 503=546-0724)
Newsroom, The Oregonian (Fax No, 503-968-6061)
Editor, The Regal Courier (Fax No. 503-968-7397)
Members of the Tigard City Council will be available on the Sth'Tuesday of. May 30, 2006, to hear and
discuss citizen concerns, issues, or input on City-related matters., Proposed discussion topics will be
limited'to City of Tigard issues.
A trained facilitator will be present to encourage open dialogue and equal participation. Those citizens who
attend.will be asked to sign in. The Council might set time limits for suggested topics based on the
number of topics introduced and the number of citizens who'attend.' Council may determine that .
discussion of a topic requires additional resources such as staff support, documents, or other materials to
help respond to an inquiry. In such a case, Council might decide to,accept the issue for further discussion
or correspondence at a later time.
The meeting is a public.meeting and topical •minutes will be kept..A• quorum of Council will not be needed
to conduct'the meeting; in fact; lack of a quorum is likely.
Fifth Tuesday meetings will begin at 7 p.m. and conclude promptly at 9 p.m. or earlier,if the discussions
are concluded before 9 p.m..Council encourages citizens to attend the Fifth, Tuesday Meeting to take
advantage of the.opportunity to meet the Council members and interact in relaxed setting. For further
information, please contact City Recorder Cathy Wheatley by calling -503-639-4171, Ext 2410.
City Reco 4-26-06
Post: Tigard City Hall
Tigard Permit Center
Tigard Public Library
I:1adm%cathytcouncil4neetin0 noticest200fffih tuesday public notice - may 30, 2000.doc
04/26'/2006 16:27 FAX 5036847297 City of Tigard Q001
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[ 0915039686061, Oregonian
[ 1175039687397 Regal Courier
ERROR INFORMATION
CITY OF TIGARD
5"' TUESDAY MEETING WITH
THE TIGARD CITY COUNCIL
MAY-30,2006; 7-9 PM
TIGARD WATER BUILDING - AUDITORIUM
8777 SW BURNHAM STREET, TIGARD, .OREGON
Please forward to:
Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724)' .
Newsroom, The Oregonian (Fax No. 503-968-6061)
Editor, The Regal Courier (Fax No. 503968-7397)
Members of the Tigard City Council will, be available on the 5"' Tuesday of May- 30, 2006; to hear'and
discuss citizen concerns, issues,,or input on City-related matters.' Proposed discussion topics will be
limited to City of Tigard issues.
A trained facilitator will be present to encourage. open dialogue and equal participation. Those citizens, who.
attend will be asked to sign in. The Council might set time limits for suggested topics based on the
number of topics introduced and the number of citizens who attend. Council may determine that
discussion of a topic requires additional resources such.as staff support, documents, or other materials to,
help respond to an inquiry:.In such a case, Council might decide to accept the issue for further discussion
or correspondence at a later time.
The meeting Is a public meeting and topical minutes will be kept. A quorum, of Council will not be needed
to conduct the meeting; in fact, lack of a quorum is likely.
Fifth Tuesday meetings will begin at 7 p.m.' and conclude, promptly at 9 p.m. or earlier if the discussions
are concluded before 9 p.m. Council encourages citizens.to attend the Fifth Tuesday Meeting to take
advantage of the opportunity to meet the Council members and interact in relaxed setting. For further
information, please contact City Recorder Cathy. Wheatley by calling 503-639-4171, Ext 2410.
City Reco 4-26-06
Anetr Tin~r`i f itL7o11 i .
City of Tigard, Oregon
' Affidavit of Posting . 0
In the Matter of the Proposed Notification of Tigard City Council Fifth Tuesday Meeting of
May 30, 2006 .
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
being first duly sworn (or affirmed)" by oath
(or affirmation), depose and say:
That I posted in
➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon.
➢ Tigard Public Library, 13500 SW Hall Boulevard,. Tigard, Oregon
Tigard Permit Center, 13125 SW Hall. Boulevard,, Tigard, Oregon
a copy of Notice of the cancellation of. the May 30,.2006, Fifth Tuesday City Council
meeting.. A 'copy of said Notice bein hereto attached and by reference made a part hereof,
on the day of , 20,Q
Signature of Person who Performed Posting
Subscribed and sworn (affirmed) before me this ;1-7 day of
r O
OFFICIAL SEAL.
JILL M BYARS
NOTARY PUBLIC-OREGON Signature of ota Public for Oregon
COMMISSION NO. 381793
MY COMMISSION EXPIRES JUNE 14, 2008
Iaedmtcethy\councilVneeting noticesX2008taffidevh of posting - fifth tuesday 5.30.00.doc - '
Cj~°DJ
CITY OF :TIGARD- '
5th TUESDAY MEETINGWITH
THE TIGARD CITY COUNCIL
MAY 30,2006;, 7-9 PM
TIGARD WATER BUILDING- AUDITORIUM
87.77 SW BURNHAM STREET, TIGARD, OREGON.
Please forward to:
❑ 'Barbara Sherman, Newsroom, Tigard Times (Fax,No. 503-546-0724) ;
Newsroom, The Oregonian (Fax No: 503-968-6061) ;
❑ Editor, The Regal Courier (Fax No.; 503-968-7397).
Members of the Tigard City Council will be available on the Sth Tuesday of May-.30, 2006,, to, hear and
discuss citizen concerns, issues, or input on City -related.,matters. . Proposed discussion topics will be
limited.to City of Tigard `issues.
A trained facilitator will be present to encourage open dialogue-and equal participation. Those citizens who
attend will lie asked to -signin: The Council might set time limits for suggested topics based~on the
number of topics introduced and the number..of citizens who. attend. Council may determine that
discussion of a topic requires additional resources.such as staff support, •documents,'or other materials to
help respond to an inquiry. In such a case;- Council might decide to accept the, issue for further discussion
or correspondence at a later time.
The meeting is a public meeting and topical minutes will be kept. A quorum of Council will not be needed
to.co.nduct the meeting;.-in fact, lack of a 'quorum, is likely.,
Fifth Tuesday meetings will, begin at'7 p.m. and conclude promptly at,9'p:m.•or earlier if the discussions
are concluded before 9 p.m. Council encourages citizens to attend the Fifth Tuesday Meeting to take
advantage of the opportunity to meet th.e':Council:memi ers and interact in relaxed setting. For further
information, please, contact City Recorder Cathy Wheatley by calling 503-639-4171, Ext 2410.
City Reco 4=26-06
Post: Tigard City Hall
Tigard Permit Center
Tigard Public Library
Oadm%cathytcouncAmeetiip noticest2000Uilth tuesday public notice may 30, 2000.doc , .
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FIFTH TUESDAY SIGN-IN
SHEET Meeting Date: Tuesday, May 30, 2006 7:00 PM
Facilitator: Stacie Yost Place: Water Building
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Page I of I
FIFTH TUESDAY MEETING - May 30,2006
Present: Mayor Dirkseh,
Councilor Woodruff
Councilor Harding
Councilor. Sherwood
Facilitator: Stacie,Yost
Staff:.. Carol Krager
Citizens:. David Noles, 10630 SW Park' Street, Tigard
Terry Weese, 10600 SW Park Street, Tigard
Gretchen,Buehner, 13249 SW 136`h -Place, Tigard
Clayton Pugsley, 10570 SW Park Street, Tigard ;
Cleon Cox
Two students from. Hillsboro High School (Martha and Roy) on an
assignment,to attend a public meeting
-
Themeeting started at 7:02 p.m.
Facilitator Yost welcomed everyone fo. the meeting,and gave; the ground rules. ' She noted • .
that a change to the meeting is that Deputy City Recorder K.rager willbe taking minutes and
the meeting will be taped so that action items can get back to staff quickly. She announced
the, agenda:
• Planning Code Changes
Police. Services Survey on Unincorporated Areas
PLANNING-CODE CHANGES'- '
David Noles, 1063,0 SW Park Street, spoke!about'changes ,he'd like to.see in the Planning
Code. He brought in photos of the view from his kitchen window showing his back yard in
1998 and in the present..The'neighbor behind him (10635 SW Cook Lane) has built a large,`
steel, 30' x 40', 18' tall structure. , He saidhe did not like•viewing this building from his .
backyard deck and felt none of,the•Councilors'would like to look at this structure all summer
long either:
Councilor Sherwood asked if it was a storage shed. Mr,'Noles said it was a shop.
Mr: Noles.asked, ",`Is this is the direction that Tigard'is heading?" He said that by allowing
this type of structure, Tigard decreases the livability of `the city.and compromises the .
aesthetic nature of our residential areas. He realizes there is nothing he can. do now about.'
this building but wants to save someone else the grief by changing the Code to prevent this
from happening. ,
1:ADM:CAROL:FifthTuesday060530 1
r '
He noted that.as sewer districts are going in, people on older, larger lots no longer need their
drain fields. He said all they have to do is hook up to the sewer and they can use the rest of.
their lot for a construction zone:
Councilor Sherwood asked if the neighbor had to get permits and Mr. Noles said he met the,,
Code. He said this is why he wants to close, the loophole in the Code that'allows a property
owner to,build any type of structure in their yard and simply attach it to their dwelling with a
4' covered walkway. He said it is then not an accessory structure; but an addition to the
home.
He said he was working with City staff member Mark Va
g this' afternoon and who
also expressed frustration with the. vagueness of the Code and suggested that he speak' with
Dick Bewersdorf£ Mr. Noles would like the Code:to replace the 4' breezeway section and
require that any addition be attached to, the house with a common wall and be of the same
material as the house, both roofing and siding,, and require. windows so it at least looks ,
residential. v
Mayor Dirksen said that even if it's a.business and we try to prevent the running of that
business, the building will still be there: Mr. Noles-said it is not the size the building that is .
an issue as much as making it look like it belongs in a, residential neighborhood.
Councilor Sherwood,said we need to change the definition of "attached" in the Code. The.
radio towers on Bull Mountain were discussed.
Mayor Dirksen said that in response to the initial question about whether this is the direction
Tigard is going, the answer.is no, He said the City has not chariged.anything.Where this was
not allowed previously and now it is',He':said that ins just that time has gone by and there,
are constraints on property. He said the difficulty with changing the,Code'to react to this is
that they'll figure out another loophole to get around it in the future. He said the.City staff
could spend all their'time trying,to plugloopholes but it is a difficult way.to deal.with things
instead7of trying to be proactive..,
Mr. Noles phoned surrounding cities (Tualatin, Durham, Sherwood, and Wilsonvill e) and
asked what would happen if he requested, a permit to build a 1200 square foot; 19 foot tall
building. The reaction he, received was that•he,probably couldn't do that because their lots
are not big enough. Mayor Dirksen said all the cities mentioned do have some properties of
that size, but they are rare.
Clayton. Pugsley,10570 SW Park Street; presented a photograph of the view from his
.backyard. The large metal building appears. in it as well as a temporary metal structure in the
next yard: He said he was getting the -full bore of a welding business -going on there. He
> said the people (on 10605 SW Cook Lane)' came in, hookedlup to the sewer, and then
covered half of their lot with 4". of concrete. They built a temporary shelter, and opened up
a welding business. The fluorescent light is on 24/7 and lights up his whole back yard all'
night long. The residents are welding.and grinding and he sees the flash of arc welding from
his yard:
LADM:CAROL:Fifth ruesday060530 2 .
Mayor Dirksen asked, "How are they doing this? This is a residential area He said this is a
code enforcement issue.
Terry Weese, 10600 SW Park Street, said the'.people say they are not running a welding
business, and that this is for-their.personal use. He said he has already been through this
when they first started putting up the„temporary structure. He showed the Council a digital
photo of a Porsche on a forklift thatwas being cut.apart in their_backyard. He asked, "Who
has a commercial forklift in their backyard?'."
Councilors Harding and Sherwood agreed that they're running a business.
Mr. Weese showed a photo of the five foot distance between his fence and the-shop, stating
that it does not meet the, setback code: Councilor.Woodruff asked what City staff have said
to him., Mr. Weese complained that he's not getting anything from them.
Mr. Weese pointed out in the photo. a snorkel coming from the steel building,behind Mr.
Noles' property. He said that owner'is running a spray booth, noting that neighbors have to
listen to the noise and smellfumes: '
Mayor Dirksen asked for the address and Councilor Woodruff verified that these are two
different properties. Mr. Weese said they were, one behind his home and the'other behind
Mr. Noles' home. He showed the Council photos,of four utility trailers in the-back yard of
10605 SW Cook Lane and enough axles to build seven more. He said there was a dump
truck iii their back yard, last week they were welding on and seven people outside welding the'
day prior. .
Mayor Dirksen said they can say what they want but they are obviously running a business. .
and we will get code enforcement after them.
Councilor Harding said they'may b'e, breaking the noise ordinance as well.
Facilitator Yost summarized their main issues:
0 Code enforcement as far as noise'and fumes.
• Businesses in•residential'areas
Structures %
e Loophole in the Code regarding breezeways ,
..5' setback. of the temporary building," ;
" Councilor Harding.said staff needs to investigate this with' t,leveling.cha' s from
neighbors. She felt this is a City issue and there is no need to have'retaliation•problems.
Mr. Noles said as far as he"c! ould tell, the large structure's owner builds cabinets and does not
have a-.business license. The owner said he does,business under the name of "Oak Things"..
They've made contacts at DEQ about the fume problem but DEQ does not show a
business under this name in their system. Mr. Noles visited the structure a few, weeks ago,
and saw thousands of dollars in equipment;: grinders, saws, planers and.jomers., Irene
I. ADM:CARbLTifthTuesday060530. 3
Mawhirter, 13960 SW 100." is the owner of -record. Mayor Dirksen asked if there, a regular
residential house on the property. _Mr. Weese indicated there was.
Mr. Weese said the last time he spoke with Code Enforcement'Officer Darnell she told him .
the welders were just doing landscaping trailers' for themselves and his family"was helping
him. He has given her a disk of photos showing multiple-trailer axles, multiple trailers, and
items being stored there for commercial use. He,said he was basically told to mind his own
business; they could do what they wanted. .
Mr. Weese said they do this work at any time they want. He has yelled over the fence. at
11:00 p:m. asking them toknock it off. Mayor Dirksen said he should call the police if it's .
after 7:00 p.m. and reiterated the City's noise policy. Mr. Weese noted that.they also, have a
pot-belly stove and burn garbage in it outside as.well.
Councilor Sherwood said this is not what we.intended with our sewer project. Mr. Noles
said as this goes on_ more people will be heartbroken to see these things going up in their
neighborhoods. He offered his, help to the City on working through a Code change..,
Mayor Dirksen assured the residents that this willbe brought to the attention of-staff.
POLICE SERVICES SURVEY -
Gretchen Buchner brought this to' the Council's attention because she felt the data is
incorrect and is being used by the County in a way that is detrimental to the cities. She has
spoken with police who indicate that they.spend 50% of their time in Beaverton responding
to things they see on the way to a call in West Slope: or Garden Home. She was told the City
needs to do its own research. She suggested an audit. She felt Tigard Police answer more
calls outside the city than the Enhanced Patrol answers for'our area. -She spoke to an
officer whose district is Scholls Ferry south to the County line but who spends.25%o -.50% '
of his time in Beaverton answering calls.
Mayor Dirksen said the, City has already told the County we feel the survey'is invalid because
they don't consider total taxation. `Residents of Tigard pay County taxes and City taxes.
Councilor Sherwood suggestedan outside auditor be'brought in. Mayor Dirksen'thought
perhaps the State or Metro, could-do it.
Councilor Woodruff said we are doing an, outside audit of the police time and perhaps it
could be added to that scope'of work.
Ms. Buchner asked the Council to look at the time Tigard Police spend'in Bull Mountain or
Metzger. Mayor Dirksen,said it was negligible: ;
HIGH SCHOOL VISITORS'
I:ADM:CAItOL:FifthT uesda '060530.:: 4
Two students from Hillsboro High School attended the meeting as part of a school
assignment on public meetings. Mayor Dirksen explained the,Council meeting schedule and
how the Fifth Tuesday meetings came about.
They asked'the Mayor what were the biggest issues discussed at Council meetings: Mayor
Dirksen'said, as discussed at this meeting, in-fill'and the pace, of development were major
issues. He also spoke about the'Urban Renewal District' for the downtown area.
INITIAL REACTION TO WILLAMETTER RIVER WATER - ' .
Councilor Woodruff asked the Tigard residents present what their initial reaction would be
to Tigard obtaining water from the Willamette River. He said Tigard just signed a 10-year
contract with,the City of Portland for a portion of our water but we are looking at,other
options. Drawing water from the Willamette is one-option. Of the citizens present, four
said yes and one said no. Councilor. Woodruff explained, after. some water-quali ty concerns
were raised by Mr. Weese, that the water would come from the Willamette above the
Oregon City falls. Mr. Weese felt that water below the falls would not be acceptable and.
suggested-that telling people where on the Willamette the water.would come from was an
important point. He indicated his earlier vote was because he thought the'water would be
pulled from the lower Willamette. Ms. Buehner felt the Willamette River water would be `
better than Bull Run water. `Mr. Noles is concerned about the Bull Run watershed's
vulnerability to terrorists..- Mr. Pugsley, felt that as.•any wafer would have to meet Federal
requirements, he would be OK with Willamette River water.
As there were no other discussion items or citizens wishing to speak, the meeting-was.
adjourned.at 7:55 p.m..
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