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City Council Minutes - 01/24/2006 Agenda item No. 3, 1 ForAgenda of Tigard City Council Meeting Minutes Date: January 24, 2006 Time: 6;30 p.m. Place; Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Ditksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson. Absent: Councilor Tom Woodruff Agenda Item Discussion& Comments Action Items (follow up Study Session Discuss Use of Business Card Design Review— Assistant to the New Logo City Manager Newton reviewed this agenda item. Council preferences for business cards included: Landscape orientation,heavier stock and white paper (not grey). The Core Values should not be printed on the back. Cards are due to be redone because of the City's website address change. Assistant to the City Manager Newton discussed pidnting costs and the Council consensus was to go without embossing. Assistant to the City Manager Newton said the police have a patch on their uniforms that immediately identifies their as police officers. They have requested to be allowed to use the new logo inside a shield outline. Deviation of the logo shape will be acceptable for the police but all other uses will be standardized. Police staff members had drawn up a few suggestions that were discussed by Council. A simple design was preferred. The police also want the shield design on their cars and will put together some suggestions,including the italic Garamond font for vehicle lettering. The City's standard logo will appear on other City vehicles. Fortes will be revised inhouse. Tigard City Council Meeting Minutes Page 1 January 24,2006 Agenda Item Discussion& Comments Action Items follow u Executive The Council went into Executive Session at 7 p.m. Session to discuss exempt public records and potential litigation under ORS 192.660(2)0 and (h). Executive Session concluded at 7:21 pan. I. Business 1.1 Mayor Didoen called the City Council and the Meeting Local Contract Review Board to Order at 7:30 p.m. 1.2 Council Present: Mayor Dirl;:sen, Councilors Harding, Sherwood, and Wilson. Council Absent: Councilor Woodruff 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. ° Tigard Area Chamber of Commerce Executive Citizen Director Jeremy was present. Mr. Monlux Communication reported that things are going well at the Chamber. He is finding that Tigard is a very hardworking, busy community with many issues. He feels people are looking forward to urban renewal. The Chamber is starting a nine inonth program of leadership sessions designed to foster, empower and support future business leaders. Councilor Sherwood said she would like to see a partnership again between the City and the Chamber. Mayor Dirksen said the leadership program sounded interesting. Mr. Monlux will return to talk to the City Council about this plan. Councilor Harding asked whether the networking breakfasts are open to all. Mr. Monlux indicated that the Tigard Business Connection breakfasts are held on the 2nd and e Tuesdays and are open to everyone, as are their regular Thursday breakfast meetings. Tigard City Council Meeting Minutes Page 2 7anuaiy 24, 2006 Agenda Item Discussion & Comments Action Items (follow u • John Frewing spore about the Parks System Development Charges. He said he spore at a council ineeting one year ago saying he felt these charges were too low and needed to be revised annually. His concern was that the property values continue to rise and the SDC's need to keep pace. Mayor Dirksen asked Dan Plaza to comment and Mt. Plaza said SDC's are reviewed each Januaq 1,c • Dave George, of 13132 SW Ascension Dative in Tigard,reptesenting his neighbors and himself. He said their concern is the lacy of parks and open spaces. As a teacher he used open spaces as outdoor classrooms and feels that many people enjoy bildi g,bird watching and observing wildlife. He is fiustrated to see so many open ateas disappearing due to development. Mayor Dirksen said the City of Tigard shares bis concern and would like for the City to have more local control over items such as density. He said this Council is looking for properties not only inside but outside of the Tigard city limits for future open spaces and parks. Councilor Wilson said he was disappointed in a recent public opinion poll that indicated people were not interested in spending much for parks. He suggested that Mr. George and others talk it up among thea neighbors. He would like a bond measure for parks. Follow-up to Previous Citizen Communication: No action. None 3. Consent 3.1 Approve Council Minutes for December 20,2006 Motion by Councilor Agenda Sherwood, seconded by Councilor Wilson, to approve the Consent Agenda. The motion was approved Tigard City Council Meeting Minutes Page 3 January 24,2006 enda Item Discussion & Comments Action Items follow u by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes 4.Approve Mayor Dirksen reviewed the 2006 Goals in a Motion by Councilor 2006 City PowerPoint presentation. A copy of this is available Wilson, seconded by Council Goals in the City Recorder's office. Councilor Sherwood, to approve the 2006 Council Goals. The motion was approved by a unanimous vote of Council present. Mayor Dirksen_ Yes Harding Councilor Yes Councilor Sherwood Yes J Councilor Wilson Yes 5. Report on Risk Manager Mills gave a presentation on the Tigard Report/No action. Tigard Vision Vision. This report is now available at the Library and 2005 on the city website. Site felt it was appropriate that Accomplish- the Tigard Vision report followed the Council goals ments Update presentation because what people have asked for is being reflected in the Council's goals and it shows that the Council and City ate listening to the public. 6. Update Wateiwatch Coordinator Brian Wegener and TRK Report/No action horn Tualatin Board Member iohn Donnellson gave a presentation Riverkeepers on current TRK activities in Tigard.They moved their about Activities headquarters to downtown Tigard this month. For 16 in Tigard years TRK has been a leader in improving water quality and protecting and restoring the Tualatin River systein. They hold annual liver clean-ups, help improve and restore riparian habitat along Fanno Creek,the Brown Natural Area and along the Tualatin River. Their Paddler's Guide will be republished next month. The Tigard Community Development Department is contributing to TRK's reprint of the Tigard City Council Meeting Minutes Page 4 January 24, 2006 Agenda Item Discussion& Comments Action Items follow up Field Guide to 1✓rosion Prevention and Sediment Control, a publication for contractors and those who live near a site under construction. Mr. Wegener thanked the City for its support The Tualatin Riverkeepets annual meeting will be held frorn 1:30- 4:00 on Sunday,January 29"'at the Tigard Library. enda Item Discussion& Comments Action Items follow u (Note hens were not discussed in order at the Januaty 24,2006 Council Meeting.) 7. Consider Parks Manages: Dan Plaza reported that the latest Motion by Councilor Tualatin River information on the Tualatin River Bicycle and Sherwood, seconded by Bicycle and Pedestrian Bridge shows costs are up $1.5 million. Councilor Wilson, to Pedestrian Tigard's share is $592,578. The City of Tualatin's approve additional fluids Bridge Funding share is $412,228, and Durham's share is $25,764. needed for the bridge, and Clean Water Services has committed to spend for confirmation of this $600,000 and will pay for all of the cost of running approval to be conveyed by pipes under the bridge. Metro will. not be letter to the City of participating in this project Tualatin. Tualatin approved an Intergoverniriental Agreement After discussion, Councilor at their City Council meeting last week and Duilsatn Wilson amended the motion just approved it tonight. ODOT would like the City to state that Tigard's share of Tigard to commit to their portion by January 31, of the project is now 2006. Staff will also be preparing a budget $592,578 and a budget amendment for Council to approve the additional amendment will be cost considered by the City Council on February 14, Parks Manager Dan Plaza went over the reasons for 2006. the higher project cost The original project was going to be built of wood but the National Marine The motion was approved Fisheries Commission had concerns about the wood by a unanimous vote of preservative being hmufd to fish in the river. The Council present. bridge is now designed of steel and concrete. The ADA requirements for the ramps have added costs Mayor Dirksen Yes and the square footage is 20% higher. They had Cowidlor Harding Yes planned to use a crane to lift it into place but there are Councilor Sherwood Yes only two cranes in Oregon big enough and this is not Councilor Wilson Yes a priority project for them. Now eve have to build a work bridge at water level that will need to be tom down when the project bridge is completed. Steel costs lave risen. Another issue is that there are currently 30 bridge projects ready to be bid in Portland. Tile design complexity of the 380' span and necessary environmental permitting also raise the cost Tigard City Council Meeting Minutes Page 5 January 24,2006 Agenda Item Discussion& Comments Action Items follow u The project goes to bid on February 2 with a bid opening on February 23rd. Construction will occur fronn Ap:dl-December, 2006, with projected opening in January 2007. Metro Councilor Carl Hosticka noted that Metro was never asked to participate in any formal fashion. There are potential opportunities for grant monies but probably not anything that can come to fruition in die next few weeks. Councilor Hosticka asked that staff contact him and said he will consider any grant request submitted. In response to a concern from City Councilor Wilson about learning of the cost overrun at this time,Tualatin Colmnunity Development Director Hennon,Tualatin City Manager Wheeler and Tigard Parks Manager Plaza outlined the circumstances of the cost increases. There was discussion about where the additional funds would come from: $200,000 would come from the MSTIP and the balance from park SDC's. In response to a question from Councilor Sherwood about whether this would affect the Greenburg Road project,Mayor Ditksen said he understands that these projects ate funded from separate sources. During discussion, City Council members expressed support for going forward with the project. Any money left over will be refunded to tlie City. S. Metro Metto President David Bragdon and Metro Councilor Presentation- Carl Hosticka gave a presentation on their: proposed Proposed Nov. bond measure for the November 2006 ballot which 2006 Bond will provide funding to purchase natural areas in the Measure to region fon:parks and open spaces. They are going to Preservve the various city councils in die area to let thein know Natural Areas, what they are doing and to hear any concerns the Trnprove Water cities may have. They have scheduled public hearings Quality,and to obtain input. President Bragdon felt that the need Protect Fish for this measure was supported tonight by the items and Wildlife listed on the Council's agenda and the comments Habitat made during citizen communication. Tigard City Council Meeting Minutes Page 6 January 24, 2006 Agenda Item Discussion & Comments Action Items follow u Metro's 1995 Bond Measure helped Tigard by adding 8 acres to Cook Park 2 acres along Fern Street and trail construction and right-of-way on the Fanno Creek Greenway. This new measure will help thein continue targeting regional natural areas by acquisition, improvements and making opportunity grants available to "re-nature" neighborhoods. Tigard's share would be about $1.3 million. The Fanno Creek Greenway and Tualatin River Greenway are included among the areas targeted by a blue ribbon committee. Councilor Harding expressed concern about the lack of open space within the urban growd- boundary. Citizens are asking for help in getting snore greenspaces and stopping development's encroachment. In response to Council.or6Harding's concern about the high cost of property, Metro Councilor Hosticka said local efforts could be helped by using matching fiends. He noted that the corridors are within the Urban Growth Boundary. Councilor Harding asked if Metro could take away some of the density requirements to help our citizens. Councilor Wilson said he appreciated being asked for input in advance. He thought the measure would be popular with people but noted that Metro's map shows some areas that are "pretty far flung' and not very accessible to people. He said those areas are attractive but he heats all the time that people want to be close to natural areas. Each development brings out angry neighbors who want more parks and open space. He asked if more areas could be added inside the Urban Growtli Boundary because they conttibute to how people litre. Mayor Dirksen suggested adjusting the balance back towards the neighborhoods. He felt an important criterion for land selection is that the areas be close to people. He said that Metro, by choosing to run this regional bond measure, may be precluding Tigatd's own bond measure to help ourselves. He asked if Mr. Tigard City Council Meeting Minutes Page 7 January 24, 2006 Agenda Item Discussion & Comments Action Items follow u Bragdon and Mr. Hosticka could stay because later in the meeting there would be a discussion on a list prepared by the Tigard Parks and Recreation Board of properties they want Metro to consider putting in their bond measure. Mr.Hosticka said we can acquire greenway properties with regional finds. Mayor Dirksen will forward the list to bitn. 9. Parks Manager Dan Plaza described the process used Motion by Councilor Consider a by the Parks and Recreation Board to identify Sherwood, seconded by Resolution potential greenways, passive and active parks to be Councilor Wilson to approve Approving the included in Metro's bond measure. The properties Resolution No. 06-03. Submittal of the were 90%citizen and 10% staff identified. They did a City of Tigard's wiling-seller analysis and several property owners The motion was approved Proposed who would consider selling property for parks were by a unanimous vote of Greenspace and identified. 17 acres of land, worth $3.6 million were Council present. Trail Projects donated. By February 14" 2006, a more completed for Inclusion in list will be available.. Mr.Plaza will forward this list to Mayor Dirksen Yes Metro's Natural Metro. Councilor Harding Yes Areas Bond Councilor Sherwood Yes Measure 2006 Councilor Wilson Yes 10. Public Mayor Dirksen opened the Public Hearing. City Motion by Councilor Hearing(Quasi Attorney Rainis read the procedures and described Wilson, seconded by Judicial): the process. He read three options that the Councilor Sherwood, that Refuge at Council may consider tonight: 1) decide to not re- the Council uphold the Fanno Creek hear the matter; 2) agree that there is a fatal flaw hearings officer decision (Site Development in the design, approve with the secondary access and decline to re-open the R,n)iex SDA. deleted; and 3)not approve. Attorney Ramis case. 200500002/ contacted the railroad and they have not had Sensitive Lands enough time to review the issue. The motion was approved &i` iew SLR by a 3-1 vote of Council 2005-00017, 18, City Attorney Ramis asked the Council if they'd present. 19&20/ had ex-pare contact or if there were any other Ad nstflzent potential conflicts. Mayor Dirksen reported that Mayor Dirksen Yes VAR2005- lie had viewed the property frons North Dakota Councilor Harding No 00055&56) Street. He asked if they were familiar with the Councilor Sherwood Yes Council packet materials. He then asked if there Councilor Wilson Yes were any challenges from the audience. There were none. He stated the order of testimony: (1) applicant, (2)those opposed, and then (3) applicant rebuttal. The hearing focus is narrow— Tigard City Council Meeting Minutes Page 8 January 24, 2006 Agenda Item Discussion& Comments Action Items (follow u is there access across the railroad tracks for the secondary access? Dick Bewersdorff(City of Tigard Planning) stated that the secondary access is not a requirement of the project. Mayor Dirksezn said it was unusual, bordering on unique, for the City Council to review a hearings officer decision and that no one should assume they will reopen fixture developments. He reminded everyone present that the testimony is limited to one issue. No other testimony will be allowed. Public Testimony: Bob Vain Brocklin, 900 SW Fifth, Suite 2600, Portland, OR. 97204 (representing the Applicant). Mr. Van Brocklin requested that the City of Tigard decline to exercise to review and allow the hearings officer decision to stand. He said this case went before a hearings officer who is an experienced land-use attorney and who, after considering all the evidence, approved it. Mr. Van Brocklin said there is considerable evidence to conclude that a 1965 Bargain& Sale Deed granted public right to cross the railroad property. He said the issue was raised a few weeks ago by John Frewing but Mr. Frewing provided no new evidence. He said that practical interpretation of aerial photographs shows 60 years of easement in use, since at least 193 6. Practical evidence is historical use. The county's own tax map shows this easement. There exists an underpass that is designed to get people from one side of the tracks to the other. In building a trestle the railroad acknowledges that there is access. The railroad has not objected to this easement. They are not here tonight and they have not objected in the course of the hearings. He requested that his letter of January 26, 2006 be Tigard City Council Meeting Minutes Page 9 January 24, 2006 Agenda Item Discussion & Comments Action Items follow u placed into the record. • Matt Sprague, 9020 SW Washington Square Drive, Tigard, Oregon 97223(representing the Applicant) Mr. Sprague displayed snaps and photos of the property in question. He showed a tax lot map showing a dotted line and the word"easement". He had a photograph from 1936 showing a raised grade. A July, 1953 photograph showed a raised grade but no trestle yet. In 1968,the aerial photographs showed Cascade Boulevard and the trestle in place. In a 1977 aerial photo there is access to Cascade Boulevard as well as in a 1983 photograph. He brought in an enlarged copy of page 615 of the Bargain& Sale Deed. • Sue Beilke, 11755 SW 114`x', Tigard, OR 97223 Ms. Beilke said she wanted the Council to review this matter because the Council is representing the people of Tigard and should protect the public health, safety and general welfare. She cited Section 18.705 of the Community Development Code—Access, Egress and Circulation. Attorney Ramis reminded her that the focus of this hearing is limited and she cannot address other issues. She then stated that the Friends of Summer Creels agrees with Mr. Frewing that there is not an easement. She also noted that the words, "Condominium Project"were shown on the agenda;this is an old project title. + John Frewing, 7110 SW Lola Lane, Tigard, OR 97223 Mr. Frewing stated that two weeks ago he asked the Council to review this application. He said he has visited the property and there is a ditch at the trestle now. He said the applicants are required to show an easement Tigard City Council Meeting Minutes Page 10 January 24,2006 Agenda Item Discussion & Comments Action Items follow u and they have not. He read the property descriptions of Parcel#1 and Parcel#2 on the 1965 Sale Deed while pointing to the drawing supplied by the applicant. He indicated where the property lines are in reference to the bridge and thinks there is no evidence that there is an easement through the railroad bridge. He said that deleting this access changes the application substantially. He asserted the proposed development application should be thrown out and started over. He checked on why the railroad isn't here tonight and wasn't here before. The City of Tigard sent out a notice to affected property owners listed on the Washington County tax rolls. The railroad is not on thus list because they are taxed by the state, not the county. He said representatives from the railroad have not addressed this platter and that there is no easement. Mr. Frewing feels the application should be denied. • Gretchen Buehner, 13249 SW 136u'Place, Tigard, OR 97223 Ms. Buehner advised that she has researched old maps and deeds and finds that easements are not always labeled as such. They are sometimes referred to as private driveways. An easement cannot be terminated without agreement among all 'involved parties. Applic it Rebuttal • Matt Sprague asked that the Council to avoid getting bogged down in legal descriptions. The two parcels can use the easement. In 1907 the property was sold to the railroad and at that time an easement was reserved for the property. A railroad overpass was installed to provide access. The property owners didn't install the overpass,the railroad did. • Greg Corbin, 900 SW Fifth, Suite 2600, Portland, OR 97204 Tigard City Council Meeting Minutes Page 11 January 24,2006 Agenda Item Discussion & Comments Action Items follow u Mr. Corbin said there isn't anything new in the record. The survey neap was presented at an earlier meeting. He said the Council is being , asked to hear the same argument a second time. He said could not follow Mr. Frewing's description and said it would be difficult for anyone to follow. As to whether or not the deed recognizes an easement,the easement need not be in the parcels that are being conveyed. The easement may be in another location. The documents could be written more clearly. The fact that the deed describes two different properties is irrelevant. The property being conveyed has rights. The railroad has been contacted by the City and the fact that the railroad has made no comment does not mean that there is no easement. Council Discussion Councilor Harding said it would be nice if the railroad were represented at this meeting. There is no new evidence but there is still a question in her mind. The fact that the railroad , is not here doesn't prove the existence of an easement. Mr. Corbin said all of this evidence was before the Hearings Officer when he made his decision. The evidence was substantial enough for hien to make that decision. Mr. Sprague said the trestle is indicative that there is an easement in that location. The railroad would only have built it to allow people to cross under. By building a trestle,the railroad aclaiowledges that there is access. The railroad has not objected to this easement. Mr. Frewing stated that the applicant has not produced anything saying that the railroad gave anyone the easement. Councilor Wilson said that the adjacent property owners could not convey the railroad Tigard City Council Meeting Minutes Page 12 January 24, 2006 Agenda Item Discussion& Comments Action Items follow u easement because it was not theirs to convey; however, this does not imply that there is no easement. He said lie would vote not to reopen the case. Attorney Ramis said Mr. Frewing does make a point that the property deeds do not show access but it is an overstatement to say there is no evidence of the right to cross. There is a great deal of indirect evidence. Councilor Harding said she would rather not see the second access. Mayor Dirksen said lie carne to the meeting tonight ready to approve strilung the second access but the testimony convinces him that there is a Historical easement. If there is an access concern in the future,the dispute will be between the railroad and the applicant. 11. The Police Department requests approval from the Motion by Councilor Consider City Council authorizing them to apply for a grant to Sherwood, seconded by Application for that has the potential to make $208,000 available to Councilor Harding to the Gang the GREAT program. approve application for this Resistance grant. Education and Awareness The motion was approved Training by a unanimous vote of {GREAT) Council present. Grant Mayor Didisei Yes Cour cUor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Tigard City Council Meeting Minutes Page 13 January 24, 2006 Agenda Item Discussion& Comments Action Items follow u Adjournment 11:24 p.m. Motion by Councilor Sherwood, seconded by Councilor Harding, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilsm Yes Cathetine Wheatley, City Recorder Attest: CV, Mayor, ity of Tigard Date: k '3 lap J,%admkaalhYI=m%2000YU00124.dOC Tigard City Council Meeting Minutes Page 14 January 24, 2006