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City Council Minutes - 07/08/2003 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING July 8, 2003 Mayor Griffith called the meeting to order at 6:31 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson (arrived at 7:17 p.m.) • STUDY SESSION y PUBLIC FACILITIES AND SERVICES ASSESSMENT FOR THE BULL MOUNTAIN AREA Community Development Director Hendryx introduced this item and reviewed the information to be shared by City Departments about providing public facilities and services for the Bull Mountain area. City Engineer noted capital improvement project needs for this area total about $36 million. He said that traffic impact fees are not the total answer for funding needs. If the area is not annexed soon, the City will lose the opportunity to collect additional system development charges since the area is continuing to develop. Some of the area has paid for sewer projects with the formation of some local improvement districts through Clean Water Services. Capital improvement needs for the area include sewer, water and roads. Grant funds for street improvements are usually tied to low-cost housing. Other potential funding opportunities include the MTIP (federal money that is assigned by Metro) funds or the MSTIP (Washington County) program. The area on Bull Mountain that was included in the study is about 1,500 acres. Council discussed looking at a similar-sized area already in the city limits and analyze capital needs so that there is an "apples and apples" comparison. There was also discussion that improvements would likely be phased in. Community Development Hendryx advised that the Transportation System Plan has inventoried citywide transportation needs. Parks Manager Dan Plaza noted the area is currently served by Tigard for water, so there would not be much impact if the area was annexed for this service. Substandard roads would need attention. If one or two areas were brought in, the City could provide service with existing staff; however, if the entire area was annexed, more staff would be required. Clean Water Services will be paying for Tigard City Council Meeting Minutes - July 8, 2003 Page 1 Tigard to service this area for sewer regardless of whether or not the area is annexed. As the area develops outside of the city, parks system development charges are not being collected. One park land site may be sold for development. Land costs are about $300,000 per acre. There is also competition in other parts of the city for park improvements. There was discussion on service levels, the fact that prices will keep going up, and the diminishing inventory of land available for parks. Build out for this area will be complete within 5 to 10 years. Gas tax revenues would not be sufficient to address maintenance needs; however, if a street maintenance fee is implemented, this would help. A question that may be discussed with the County during the joint meeting with the Council and County Commission is "what could the County do to assist with the long-term back log of improvements needed?" More discussion on this topic is scheduled for the July 15, 2003, workshop meeting. Another question is: "How should the city Deal with the two urban expansion areas? UPDATE ON PARK RESERVATION FEE INCREASE Parks Manager Plaza reported that people have been reserving the park facilities. No complaints about the new, higher fees have been logged. ➢ PARK 8T RECREATION BOARD Mayor Griffith noted that new candidates for the new Parks 8T Recreation Board are excellent. ➢ ADMINISTRATIVE ITEMS: City Manager Monahan reviewed several administrative items, including the following: • The street sweeping contract that was scheduled for this meeting's consent agenda will be postponed until July 22, 2003. Tigard City Council Meeting Minutes - July 8, 2003 Page 2 • Councilors Sherwood and Wilson will tour the Community Development and Library areas on July 14, starting at 1 :30 p.m. • City Manager Monahan reminded Council of the volunteer event on July 17, 6:30 p.m., at Cook Park. • Mayor Griffith and Councilor Sherwood will attend the National League of Cities conference in December. • Councilor Moore will be unable to attend a Joint Water Commission Meeting on July 11. City Manager Monahan and Assistant Public Works Director Koellermeier will attend. • No one will be able to attend an upcoming meeting regarding water that is being hosted by Ralph Crenshaw. • There was a brief discussion about the Bretton Woods appeal public hearing. No decision was made about limiting testimony. Two issues: trees/safety and water runoff are being appealed. • Councilor Dirksen will continue to be the representative to the Transportation Financing Strategies Task Force (TSTF), which will have some changes to membership. Councilor Wilson is interested in transportation issues, including how priorities are set for the Capital Improvement Program. ➢ EXECUTIVE SESSION: Not held. Study Session concluded at 7:19 p.m. 1. BUSINESS MEETING 1.1 Mayor Griffith called the City Council and Local Contract Board meeting to order at 7:30 p.m. 1.2 Roll Call - Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson 1.3 Pledge of Allegiance 1.4 Council Communications 8z Liaison Reports - None 1.5 Call to Council and Staff for Non-Agenda Items - None 2. VISITOR'S AGENDA: • Chamber President Dan Murphy updated the Council on Chamber of Commerce activities. 3. CONSENT AGENDA: Motion by Councilor Dirksen, seconded by Councilor Sherwood, to adopt the Consent Agenda as follows: Tigard City Council Meeting Minutes - July 8, 2003 Page 3 3.1 Approve Council Minutes for June 10, 2003 3.2 Approve Amendment to Tualatin Basin Goal 5 Formation Agreement Relating to Project Timeline 8I Budget; Authorize the Mayor to Sign the Agreement 3.3 Approve Budget Amendment No. 1 to the FY 2003-04 Adopted Budget to Increase Appropriations to Fund of Tualatin Basin Natural Resources Coordinating Committee (TBNRCC) Work Program —Resolution No. 03 - 26 3.4 Authorize the Mayor to Sign an Agreement Accepting $51,486 in Federal Recreational Trail Program (RTP) Funds 3.5 Local Contract Review Board a. Award Contract to Wystan Brown Excavating for the Construction of Derry Dell Creek Sanitary Sewer Realignment b. Award Contract to the Lowest Responsive Bidder for the Construction of Hall Blvd. Improvements G Award ContCract toPavement Mai ena ice Company fnr Strree Sweepin Note: Item 3.5c will not be considered. It has been postponed at the request of staff. d. Award Contract to Cascade Phillips to Service Portable Restrooms • The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 4. UPDATE ON THE NEW TIGARD LIBRARY Library staff member Paul Walker presented the update to the Council, which included a PowerPoint presentation. Site work is expected to begin this week. 5. UPDATE ON TRANSPORTATION FINANCING STRATEGIES TASK FORCE'S (TFSTF) PROGRESS ON REVIEW OF PROPOSED STREET MAINTENANCE FEE City Engineer Duenas presented the update. Representatives of the business community have met with TFSTF members. A proposal suggested by the Oregon Grocer's Association appears to have merit; the City Attorney's office is now Tigard City Council Meeting Minutes - July 8, 2003 Page 4 reviewing. Councilor Sherwood noted her appreciation for the cooperative spirit from the business community in working toward a compromise proposal for a street maintenance fee. The new proposal links rates charged to the long-term city work program for street maintenance and is for street maintenance only. This item is scheduled for Council review on August 12, 2003. 6. CONTINUATION FROM JUNE 10, 2003 — PUBLIC HEARING (QUASI- JUDICIAL) — APPEAL OF A DIRECTOR'S INTERPRETATION REGARDING BILLBOARD SIGNS; COMMUNITY DEVELOPMENT CODE 18.780 a. Mayor Griffith announced this public hearing was being continued from June 10, 2003. Declarations or challenges: The Mayor read the following: Do any members of Council wish to report any ex parte contact or information gained outside the hearing including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? No declarations were made by the Council members and there were no challenges. b. Community Development Director summarized this agenda item as outlined in the Council meeting materials. At the last meeting, additional materials were submitted on behalf of the appellant. The City Attorney has reviewed this information and prepared a response, which was submitted to the Council in their meeting materials. d. Public testimony: Mayor Griffith announced that for all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria described by staff or other criteria in the plan or land use regulation which you believe to apply to the decision. • Michelle Rudd, Stoel Rives LLP, 900 SW 5t' Avenue, Suite 2600, Portland, OR 97204, testified as legal counsel in favor of Media Art's Tigard City Council Meeting Minutes - July 8, 2003 Page 5 appeal. Ms. Rudd distributed additional materials to the City Council. She disagreed that the Council's intent was to disallow billboards. She also referenced a pending records request. Because of the substantial amount of material distributed to the Council for review, the meeting recessed at 8:01 p.m. to allow time for Council and legal counsel to review this information. The meeting reconvened at 8:07 p.m. e. Discussion Discussion resumed on this item, and City Attorney Crew advised the issue noted with regard to the public records request is not new, although a US Supreme Court case was cited which he had not reviewed. Council continued with the hearing process after a brief discussion among staff and the city attorney about whether the public records request needed to be resolved. Legal Council Crew advised this is a "policy call" by City Council. Planning Manager Bewersdorff advised he was on staff at the time the Council proposed the language under appeal; he advised the intent of the Council at the time was clear and they were concerned about billboards — the intent in 1992 was to outlaw the installation of billboards. No applications for billboards have been approved since that time. Council returned to the issue of the public records request. Legal Counsel Crew advised that there was nothing in the records request that would change the interpretation. The issue before the Council is to interpret the section of code under appeal. Community Development Director Hendryx referred to the City Attorney's memorandum and noted staff was recommending that the following wording be amended as proposed by the City Attorney: (Page 3 of the Attorney's June 25, 2003 memorandum) "...adding 'for the location in question' after 'the OMIA permit has been issued' at the end of the first paragraph of the Interpretation." Attorney for the appellant (Ms. Rudd) suggested the record be kept open until the public records issue is resolved. f. Community Development Director Hendryx recommended that the Council approve the proposed resolution with the change proposed by the City Attorney. g. Mayor Griffith closed the public hearing. Tigard City Council Meeting Minutes - July 8, 2003 Page 6 h. Motion by Councilor Dirksen, seconded by Councilor Wilson, to adopt Resolution No. 03-27, amended with the change proposed by the City Attorney. RESOLUTION NO. 03-27 - A RESOLUTION TO AFFIRM THE COMMUNITY DIRECTOR'S INTERPRETATION OF LANGUAGE REGARDING BILLBOARD SIGNS IN THE CITY OF TIGARD MUNICIPAL CODE CHAPTER 18.780. The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 7. QUASI-JUDICIAL PUBLIC HEARING — CONSIDER THE APPEAL OF THE BRETTON WOODS SUBDIVISION (SUB2003-00001/PDR2003000 VAR2003-00006/VAR2003-00007) ITEM ON APPEAL: On May 28, 2003, the Planning Commission approved request for a 10-lot Subdivision and Planned Development on 2.34 acres. The lots are to be developed with detached single-family homes. Lot sizes within the development are between 5,500 and 6,879 square feet. The applicant also requested approval for an Adjustment to the 200-foot cul-de-sac length standard, and an Adjustment to the street improvement requirements of the Tigard Development Code Chapter 18.810. The Adjustment would allow the applicant to construct a curb-tight sidewalk as opposed to a sidewalk separated by a planter strip along SW 108th Avenue. On June 11, 2003, an appeal was filed pertaining to issues raised related to tree safety and water run-off through adjacent property caused by the development. LOCATION: 16455 SW 108th Avenue; WCTM 2S 1 15AA, Tax Lots 1301 and 1400. ZONE: R-4.5; Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.790 and 18.810.100. a. Mayor Griffith opened the public hearing. b. Declarations or challenges: Declarations or challenges: The Mayor read the following: Tigard City Council Meeting Minutes - July 8, 2003 Page 7 Do any members of Council wish to report any ex parte contact or information gained outside the hearing including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? Councilor Moore advised he was familiar with the site. There were no challenges. C. Associate Planner Kilby presented the staff summary report for this item; the Council agenda item summary is on file with the City Recorder. d. Public testimony: Mayor Griffith announced that for all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria described by staff or other criteria in the plan or land use regulation which you believe to apply to the decision. Proponents — • Bethanne Kronick, 10998 SW Chateau Lane, Tigard OR 97224 submitted a written copy of her testimony, which is on file with the City Recorder. Issues cited and more fully described included concerns that the plan submitted by the applicant was seriously flawed because safety, tree preservation and drainage/runoff were not been adequately addressed. • Ken Patton, 16459 SW 108"' Avenue, Tigard, OR 97224, submitted a written copy of his testimony, which is on file with the City Recorder. Also on file with the City Recorder is a map Mr. Patton referred to during his testimony as well as photos he distributed to the Council of a pond that is on his property. Mr. Patton testified about his concerns about the flow of storm water through the culverts on his property. He also would like the Council to stipulate that Alpha Engineering shall be required (in writing) to fix the creek so storm water will not wash mud into his pond, which was promised to him (verbally). Tigard City Council Meeting Minutes - July 8, 2003 Page 8 Mr. Patton responded to questions from Council members regarding past experience with storm drainage in the area. Project Engineer Rager reviewed the water quality plans proposed by the developer. He advised that a downstream analysis was not a condition because site detention is required and Clean Water Services design standards must be adhered to. Water detention plans must be reviewed and approved by the City Engineering Department. The development engineer is required to certify this work before construction can begin. In addition a bond is required representing 100 percent of the value of the improvements until the public improvements are substantially complete and then a maintenance bond is required for one year or until the top lift of the asphalt has been placed. In response to a question from Councilor Wilson, Mr. Rager advised that staff would investigate concerns if contacted. It is the developer's burden to demonstrate that they have addressed water discharge and runoff from their property. • Ron Ellis Gaut, 10947 SW Chateau Lane, Tigard, OR 97224, submitted a written copy of his testimony and documentation in support of his testimony, which are on file with the City Recorder. He noted concerns for the safety of the neighborhood and the protection of homes and property. He said the City's development standards and codes were not being met. His materials also referenced testimony from Matt Stine, City Forester. • Lyle Miller, 10998 SW Chateau Lane, Tigard, OR 97224, submitted a written copy of his testimony and documentation in support of his testimony, which are on file with the City Recorder. Mr. Miller reviewed "tree protection zone" as an essential element in protecting trees that remain. He testified about his concerns for safety should the applicant be allowed to proceed as planned. He also noted some of the trees in question have shared ownership. Materials distributed by Mr. Miller included the following: ➢ A summary of his testimony ➢ A paper entitled, "Tree Protection Zones" ➢ An April 30, 2003 memorandum from Matt Stine to Brad Kilby ➢ Resolution No. 02-69 — adopting the Tigard Tree Manual Tigard City Council Meeting Minutes - July 8, 2003 Page 9 ➢ Code excerpt from the City of Portland regarding tree protection zones Code excerpt from the City of Portland regarding tree preservation ➢ Code excerpt from the City of Lake Oswego regarding trees ➢ City Council meeting minutes for a January 18, 2000, Lake Oswego City Council meeting A document identifying trees on the subject property and noting concerns, accompanied by photos of trees. • Colleen Specht, 10976 SW Chateau Lane, Tigard, OR 97224, referred to the final decision of the Planning Commission. She stressed that it should be considered that some of the trees have shared ownership. She said that a tree protection plan must be in place before construction plans are made. • Alice Ellis Gaut, 10947 SW Chateau Lane, Tigard, OR 97224, submitted a written copy of her testimony, which is on file with the City Recorder. Her issues included concerns for safety. She said the Planning Commission failed to hold the developer accountable to the tree preservation and protection requirement of the City Code. Ms. Gaut also distributed to the Council a July 7, 2003, memorandum from Ron Wagner regarding his experiences with the Heron Grove neighborhood in Durham. This memorandum is on file with the City Recorder. During a 1995 windstorm, six large fir trees were blown down which caused damage. • Dan Kearns, Attorney, Reeve Kearns PC, 610 SW Alder Street, Portland, OR 97205 submitted a written copy of his testimony, which is on file with the City Recorder. Mr. Kearns referred to the Planning Commission decision and said that adequate measures were tot take to ensure survival of trees on the site. He referred to testimony submitted by City Forester Matt Stine wherein he noted special concerns about the trees on this property. Mr. Kearns' written testimony included a table describing the differences between the tree protection measures proposed by the applicant and allowed by the Planning Commission and those recommended by the City Forester and advocated by the neighboring property owners. Meeting recessed at 9:51 p.m. and reconvened at 10:03 p.m. Tigard City Council Meeting Minutes - July 8, 2003 Page 10 • Matt Sprague, Applicant's Representative, 9600 SW Oak Street, Suite 230, Portland OR 97223, asked for a continuance of the hearing for an additional 7 days. • Bill Gilliam, 8320 SW Allen Lane, Tigard OR 97224, testified. He advised he was a resident of the City of Durham and a former Planning Commissioner and City Councilor for Durham. He referred to the windstorm of 1995 and the damage caused by trees blown down during that storm in the Heron Grove subdivision. He noted the similarities of that development and the development in question at this hearing. He urged the Council to view these trees. Testimony for proponents of the appeal concluded. There was discussion about when this matter could be continued to conclude the hearing process. It was determined that testimony would be sought from City Forester Matt Stine since he would be on vacation on July 22, which is the date that the hearing would be resumed. • Mr. Stine outlined his review of the applicant's arborists' reports. He advised his main issues were for tree protection and safety, which he did not feel were adequate. He reviewed the impacts the development activity would have on tree roots. He cited concerns he had about trees that would remain with regard to wind and wet soil. Mr. Stine said he has met on site with the developers' arborists and advised the road had been moved south which would help minimize the impacts. He said he was concerned that there is not adequate tree protection. In response to a question from Councilor Sherwood, Mr. Stine noted if the amount of water flow onto the property causes much disturbance, then this could also adversely impact the roots and health of the trees. Mr. Stine referred to the report prepared by the applicant's arborist Mr. Knapp. He also clarified that tree protection zone measurements are based on the radius measurements, not the diameter of the tree. Mr. Stine said he still feels there are issues with the location of the road and the location of some of the houses. Mr. Matt Sprague of Alpha Engineering referred to a May 12 memo from Matt Stine. He went over the tree protection plan. Applicant's Arborist Walter Knapp, 7615 SW Dunsmuir Lane, Beaverton, OR 97007, referred to the tree protection zone as discussed at this hearing. He said they were speaking subjectively and offering anecdotal information. He Tigard City Council Meeting Minutes - July 8, 2003 Page 11 said the tree protection zones described were optimum and not required. He described the trees on the property and the plans for development that would take into account the trees that remain with regard wind-throw resistance. Matt Sprague of Alpha Engineering referred to the adjustments made to the design that appeared to be acceptable to the Planning Commission. Mr. Daniel Kearns, Legal Counsel for the appellants reiterated the issues noting the amount of the root systems that would need to be removed from huge trees in an infill development project that could affect existing homes. He referred to the City Forester's concern for pubic safety. He referred to testimony submitted by Peter Torres, one of the applicant's arborists, during a hearing before the Lake Oswego City Council. Mr. Kearns asked that he be given an opportunity to respond to any new information presented by the applicant. He urged the Council to visit the site. Mr. Lyle Miller noted that when the existing homes were built 12-15 years ago, there was significantly more clearance — the trees have grown a great deal since then. The hearing was continued to July 22, 2003, with it being anticipated that the Council would consider its final order on August 12. The applicants agreed to extend the "120-Day Rule" to August 13, 2003. 8. COUNCIL LIAISON REPORTS: None 9. NON AGENDA ITEMS: None 10. EXECUTIVE SESSION: Not held 11 . ADJOURNMENT: 10:58 p.m. Catherine Wheatley, Uty Kecordg1r Attest: ay r, i o gar Date: 12 2 Ir,f, I.\ADM\CATHY\CCM\ 03\030708,DOC Tigard City Council Meeting Minutes - July 8, 2003 Page 12