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City Council Minutes - 03/13/2007 Agenda Item No. 4 For Agenda of y�a,07 TIGARD Tigard City Council Meeting Minutes Date: March 13,2007 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Gretchen Buehner Councilor Sally Harding Councilor Tom Woodruff Absent: -- Councilor Sydney Sherwood AgendaItem Discussion& Comments Action Items follow up Executive The Tigard City Council went into Executive No decisions were made in Session Session at 6:36 p.m. to discuss pending litigation Executive Session. under ORS 192.660(2) (e) and Labor Relations under ORS 192.660 (2) (d). Executive Session concluded at 7:03 p.m. Study Session Balloon Festival Assistant City Manager Newton reviewed some After discussion, City Use of Cook activities being planned for this June's Tigard Council members agreed Park Festival of Balloons. The City has received a they might be willing to request from event organizers to close all of Cook consider adjusting the Park on Festival dates except for the Balloon boundaries of where event Festival. organizers could cordon off the park for the event to gain more control of access to the event. However, the Council was not willing to allow the entire park to be closed for the event. Study Session Intergovern- Senior Planner Nachbar reviewed this item. mental (See Agenda Item Nos. 3.3 and 6,which are related.) Agreement with Clean Water The City is coordinating the restoration of Fanno Services (CWS) Creek, a responsibility of CWS, through an Tigard City Council Minutes -March 13,2007 1 Agenda Item Discussion& Comments Action Items (follow up) for Fanno Intergovernmental Agreement. The City is also Creek Master developing a master Plan for Fanno Creek Park and Plan a public Plaza in Downtown. The City is responsible for developing the master plan and CWS is responsible for performing engineering and construction to make major improvements to Fanno Creek to help restore it to a more natural condition. The staff report, on file in the City Recorder's office, delineates in more detail the responsibilities for CWS and the City. Senior Planner Nachbar referred to Agenda Item No. 6 on tonight's agenda,which was for the Local Contract Review Board to consider awarding a contract to Walker Macy in an amount not to exceed $205,000 for professional design services to prepare a master plan for Fanno Creek Park and a public Plaza in Downtown. This key project for the Downtown is intended to serve as a catalyst project and provide a public gathering space for the community and help stimulate new investment in the Downtown. The staff report, on file in the City Recorder's office describes the project and contract award in more detail. In discussion,it was determined that the Council supported adding the words at the end of the sentence as follows: ", as mutually agreed upon." to Section D. 1. (Page 3) of the Intergovernmental Agreement with CWS (Consent Agenda No. 3.3). City Attorney Ramis advised the change would be made to the agreement and there would be no need to pull this item off for separate consideration by the City Council. Study Session Administrative • City Council members received copies of Items communication (on file in the City Recorder's office) from Mr.John Skourtes who is expected to address the City Council during the Citizens Communication agenda item. • Councilor Buehner advised she has volunteered to be on a work group regarding annexation studying issues this legislative session. Councilor Buehner will keep track of her Tigard City Council Minutes -March 13, 2007 2 Agenda Item Discussion& Comments Action Items (follow up mileage for reimbursement for her expense associated with her service for this group. Study Session recessed: 7:19 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:31 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Buehner,Harding,and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Citizen Mr.John Skourtes spoke to the Council regarding Communication his objections to Tri Met's proposal to not allow left turns onto 74`h Avenue going west on Bonita Road when the commuter rail is operational. Earlier communications from Mt. Skourtes on this issue was forwarded to the City Council and are on file in the City Recorder's office. He asked the Council to intervene on behalf of the property owners who will be impacted by this decision. Other points brought up by Mr. Skourtes included the following: • He said the City was very passive on this issue. • He said there are 15 property owners (30 tenants) on property zoned industrial,who will be adversely affected. • He referred to fees,including SDC's,paid over the years by these property owners to improve Bonita Road. • One solution he suggested was to resynchronize signals and add a stop light. • He asked the City for help and said there should be some economic assistance as well. • He noted traffic issues in Tigard including the bottleneck conditions on Durham Road. • There was no notice or input given or re uested Tigard City Council Minutes -March 13, 2007 3 Agenda Item Discussion& Comments Action Items follow up regarding this proposal. City Engineer Duenas explained about Tri Met and the State's concerns for safety. The new tracks will mean commuter rail traffic as well as freight traffic. The freight trains will now be able to travel at higher rate of speed, 35-40 mph, and there is a risk of cars getting hung up on the tracks when there is heavy traffic. There is a concern about the sight distance as the south bound tracks are on a curve near this location. Mr. Skourtes said he was concerned with the economic viability of the businesses and said mitigation could occur if some money was spent. In response to a question from Councilor Harding, City Engineer Duenas said he would check with the State to determine what kind of report was done to support the proposed restrictions for turning and whether there were any alternatives considered. Mayor Dirksen advised Mr. Skourtes that the City challenged the restrictions at the time Tri Met informed the Council of this plan. The Mayor said the City was told the State was adamant that this restriction was necessary to assure safety. Mayor Dirksen agreed with Councilor Harding that another contact with the State should be made to determine if an alternative could be worked out. Councilor Harding referred to Mr. Skourtes' comments regarding the property owners and tenants and suggested that these property owners be kept in the communication loop about this matter. Follow Up to Previous Citizen Communication: City Manager Prosser advised that on February 27, 2007, Sharon Maroney spoke to the City Council requesting assistance on a zoning issue relating to a proposed text amendment to the Code to allow Broadway Rose to have a conditional use on the C.F. Tigard site. Community Development Department staff has added this to their work plan and it is anticipated that it will take several months Tigard City Council Minutes -March 13,2007 4 Agenda Item Discussion& Comments Action Items follow up for this project to be completed. 3. Consent 3.1 Approve Council Minutes for February 13,2007 Motion by Councilor Agenda 3.2 Receive and File: Buehner, seconded by a Council Calendar Councilor Harding, to b. Tentative Agenda approve the Consent 3.3 Approve an Intergovernmental Agreement with Agenda. Clean Water Services for the Fanno Creek Master Plan The motion was approved 3.4 Local Contract Review Board: Award Contract by a unanimous vote of for Right-of-Way Acquisition Services for Council present. Burnham Street Improvements — Community Development Staff Mayor Dirksen Yes Councilor Buehner Yes Councilor Harding Yes Councilor Woodruff Yes 4. Information Public Hearing a. Mayor Dirksen opened the public hearing. Motion by Councilor —Formation of Harding, seconded by Sanitary Sewer b. City Attorney Ramis reviewed procedure for this Councilor Buehner, to adopt Reimbursement hearing. Resolution No. 07-12. District No. 40 (SW Ann c. Declarations: Councilor Harding advised she The motion was approved Street) knows where the site is and has viewed the site in by a unanimous vote of the past. Councilor Buehner also advised she has Council present. viewed the site. There were no challenges from the audience pertaining to the Council's Mayor Dirksen Yes Jurisdiction to hear this matter not was there a Councilor Buehner Yes challenge on the participation of any member of Councilor Harding Yes the Council. Councilor Woodruff Yes d. City Engineer Duenas reviewed the staff report. A copy of the PowerPoint presentation referred to by City Engineer Duenas is on file in the City Recorder's office. e. Public Testimony - Proponents Mr. Roger Potthoff, 11710 SW Ann Street spoke in favor of formation of the district. He advised he has spoken to several neighbors who are in the district who indicated they were supportive of district formation. He spoke to the situation whereby the fee could be higher than the fee for other districts. As explained in the staff report, the reason for the higher fee is the result of the Tigard City Council Minutes -March 13, 2007 5 Agenda Item Discussion& Comments Action Items (follow up) sewer only serving the south side of Ann Street since the lots on the north side are currently served by a sewer along their back lot line. This leaves the lots on the south side with the entire cost of the sewer instead of sharing the cost with the lots on the other side of the street. The owners believe that the installation of sewers in Walnut Street eliminated an opportunity for cost sharing of the construction of a sewer and now request relief by reducing the reimbursement fee by one-half. Because of these changed circumstances and reasonable reliance on being able to share the cost of sewer construction, staff recommends approval of this request. If the City Council agrees with the staff recommendation, Mr. Potthoff said he had been concerned about later reinterpretation. A letter to the property owners confirming the recommendation to the Council would be to reduce the fee by one-half; this is also memorialized in the proposed resolution before the City Council. In response to a question from Councilor Woodruff, City Engineer Duenas advised that the contribution by the City of Tigard towards this reimbursement district will be funded by sanitary sewer funds. Councilor Harding advised that this is an area that needs to be addressed and referred to surrounding development that has occurred that has impacted these property owners. She said she was supportive of the proposal. In response to a question from Councilor Buehner regarding whether paying for half of the reimbursement district was precedent setting, City Engineer Duenas advised that several remaining areas that need sewer are the more difficult and more expensive areas to address. Higher costs were anticipated by staff and each district is unique. He said staff may recommend similar financial assistance for two or three districts that will be coming to City Council in the near future. Mayor Dirksen indicated he supported the Tigard City Council Minutes -March 13, 2007 6 Agenda Item Discussion& Comments Action Items follow up proposal for this district and referred to the City's commitment to the sewer reimbursement program to provide the ability to hook up to sewer for all of Tigard. He noted the concerns are to protect the environment (the groundwater). He also noted increasingly stringent regulations by the state and county with regard to septic systems. He acknowledged that the more difficult districts need to be addressed and supported helping to share the burden so these properties can afford to hook up to the sewer. Mayor Dirksen said he thought the proposal represented a good compromise. e. Council adopted Resolution No. 07-12. RESOLUTION NO. 07-12—A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 40 (SW ANN STREET) 5. City Long Range Planning Manager Bunch presented the Motion by Councilor Annexation staff report. He reviewed the history of past Buehner, seconded by Policy discussion on annexation policy by the City Council, Councilor Harding, to adopt which occurred at City Council meetings on Resolution No. 07-13, as January 17, 2006, and February 13,2007. amended (Section 4). The proposed resolution before the City Council The motion was approved was also reviewed. Long Range Planning Manager by a unanimous vote of Bunch referred to Sections 4 and 5 of the resolution Council present. regarding phasing in of property taxes to newly annexed areas and for a review of the annexation Mayor Dirksen Yes policy in February 2008. Councilor Buehner Yes Councilor Harding Yes Council discussion followed: Councilor Woodruff Yes Council members indicated support for a phasing in of taxes;however, there was concern about the wording regarding timing and the amount of phase in. After discussion, City Council members indicated they could support the following amendment to Section 4 (the second bullet) of the resolution: "Phasing in of increased property taxes over a three- ear period at the rate of 33 percent, 67 percent, and Tigard City Council Minutes -March 13, 2007 7 Agenda Item Discussion& Comments Action Items (follow up) 100 percent, for properties that annex during the period of March 13, 2007 to February, 2008,per Oregon Administrative Rule (OAR 150-222.111). RESOLUTION NO. 07-13—A RESOLUTION OF THE CITY OF TIGARD ESTABLISHING POLICY TO GUIDE CITY ACTIONS PERTAINING TO ANNEXATION OF UNINCORPORATED LAND TO THE MUNICIPAL CITY LIMITS 6. Local Senior Planner Nachbar presented the staff report. Motion by Councilor Contract Also present were Mike Zilas and Laura Herbon Buehner, seconded by Review Board: from the consultant firm,Walker Macy. Councilor Harding, to award Award Fanno a contract to Walker Macy in Creek Staff recommended award of contract to Walker an amount not to exceed Park/Plaza Macy as the prime consultant to develop a master $205,000, for professional Master Plan plan for Downtown Fanno Creek Park and a public design services to prepare a Contract plaza (a catalyst project for the downtown) in an master plan for Fanno Creek amount not to exceed$205,000. Park and a public Plaza in Downtown. Senior Planner Nachbar reviewed: • Key elements of the public plaza; The motion was approved • The request for proposal process whereby five by a unanimous vote of firms were interviewed. Council present. Ms. Herbon advised: Mayor Dirksen Yes • The consultants are not coming into the project Councilor Buehner Yes with preconceived notions. Councilor Harding Yes • Focus on bringing life/vitality to the park. Councilor Woodruff Yes • Will look at the project from a regional context. (Note: The City Manager is • Will talk to adjacent landowners. authorized to execute a • Will look to ecological integration. professional services contract with Walker Macy Ms. Herbon also described examples of their firm's for design services.) past work: Riverfront Commemorative Park in Corvallis, South Waterfront Park in Portland,PSU Urban Plaza in Portland, and is developing the South Waterfront Greenway Plan for Portland. Tigard's project should include the following elements: • Safety, • Draw community events, • Contextual design environment, Tigard City Council Minutes -March 13,2007 8 Agenda Item Discussion& Comments Action Items (follow up • Redevelopment opportunities, • Vitality, • Prepare plans to be implemented. Ms. Herbon spoke of additional elements that could be considered: • Water/plant materials; • Gathering spaces at differing elevations; • Develop theme; • Integrate stormwater management: rain water garden; • Work with Clean Water Services for"re- meandering" of the creek • Enlist others to help maintain the site;i.e., students, to elicit community buy-in; • Consider surrounding edges of the park— integrate plants/pavement; • Consider aesthetics and function. Councilor Harding said she thought the project could offer an opportunity to show leadership with regard to how storm water runoff could be handled. Councilor Woodruff said he it was "telling" about how important this project is considered to be with the amount of interest shown by professional consulting firms that submitted bids. He noted that we axe "putting a lot of hope in this" and said there has been much time and attention focused on the Downtown area"to make it happen." Councilor Buehner said she would be interested to see how this project would be integrated with the Main Street proposal. Mayor Dirksen said the City of Tigard has waited for a long time to have a facility in the downtown area as distinctive as the people who live here. Tigard City Council Minutes -March 13, 2007 9 Agenda Item Discussion& Comments Action Items (follow up 7.Amend Public Works Director Koellermeier presented the Motion by Councilor Tigard staff report. Buehner, seconded by Municipal Code Councilor Woodruff, to Regarding Solid At the February 13, 2007 City Council meeting, adopt Ordinance No. 07-01. Waste Manage- Council, staff and representatives of Pride Disposal ment and Waste Management discussed franchise The motion was approved Enforcement violations by non-franchised haulers who were by a unanimous vote of Officers providing services within the boundaries of the Council present. franchisees. Mayor Dirksen Yes The proposed amendment to Tigard Municipal Councilor Buehner Yes Code Chapter 11.04.170,regarding solid waste Councilor Harding Yes management enforcement would: Councilor Woodruff Yes • Allow a franchisee to take action in Washington County Circuit Court against a non-franchised hauler who provides garbage service within the franchised area. • Require a non-franchised hauler who provides service within the franchised area to pay the City $500 per violation in lieu of imposition of the civil penalty. • Give the City Manager the choice of addressing solid waste franchise violations through the City, or allowing the franchisee to pursue civil action. • Indemnify the City for any claims resulting from the franchisee's enforcement actions. • Waive any City liability for legal fees and other costs incurred by the franchisee while pursuing enforcement actions. At the request of the City's franchisees, the proposed code revisions would give Pride Disposal and Waste Management the authority to take legal action against non-franchised haulers who operate within their boundaries. The City Attorney has reviewed the proposed revisions. ORDINANCE NO. 07-01 —AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTER 11.04.170, REGARDING SOLID WASTE MANAGEMENT ENFORCEMENT Tigard City Council Minutes -March 13, 2007 10 Agenda Item Discussion& Comments Action Items (follow up 8. Legislative Mayor Dirksen Opened the Public Hearing. Motion by Mayor Dirksen, Public Hearing seconded by Councilor —Residential Declarations or Challenges. Harding, to continue the Zoning District There were no declarations by the City Council public hearing to April 10, Use Regulations regarding ex parte contact or a conflict of interest. 2007. Amendment— There were no challenges from the audience Development pertaining to the Council's jurisdiction to hear this The motion was approved Code matter nor was there a challenge on the participation by a unanimous vote of Amendment of any member of the Council. Council present. Staff Report. Mayor Dirksen Yes Associate Planner Caines presented the staff report; Councilor Buehner Yes the summary is on file in the City Recorder's office. Councilor Harding Yes Councilor Woodruff Yes The issue before the City Council was for consideration of a Development Code amendment to Chapter 18.510 to allow school bus parking as an accessory use on high school sites in residential zones subject to location restrictions (not within 200 feet of a property line abutting a residential use). The applicant is the Tigard-Tualatin School District, which wants to allow school buses to park at high school sites. The City's Development Code does not address school bus parking within residential zones and, therefore,is not permitted. Options available to the City Council were discussed. Associate Planner Caines advised staff recommended approving the requested Development Code amendment as recommended by the Planning Commission. The staff amended the request to allow school bus parking as an accessory use (not a restricted use as proposed by the applicant). City Attorney Ramis,in response to a question from Councilor Buehner, advised that the City Council has wide authority in considering this proposed amendment. The use could be permitted, a conditional use, or a temporary use. He said what is important is for the City Council to indicate a policy direction. Councilor Buehner said she was concerned about allowing buses on the property indefinitely. City Tigard City Council Minutes -March 13, 2007 11 Agenda Item Discussion& Comments Action Items (follow up Attorney Ramis said the City Council's final decision could include a time period for review. Applicant Testimony: Tigard-Tualatin School District (ITSD) Chief Financial Officer Roy Burling,TTSD Transportation Director Judy Friesz,TTSD Attorney Kelly Hossain, and Parad Consultant Ed Murphy presented testimony for the applicant. Key points included: • TTSD is looking for a place to park school buses temporarily and have determined they would like to park them at the Tigard High School. • They would do additional paving and would keep the buses away from the residential areas. • Noise levels of the buses have been tested; they found the level to be less than 95 decibels. The noise from the buses was not audible on the other side of the swim center. • TTSD has looked for an alternate site;however, it has been difficult to find the right property in the right zone. • TTSD is also looking to find a school bus parking facility that is better than the one located on Hall Boulevard,near the City Hall. Mr. Murphy reviewed additional testimony. His key points were: • This is a logical request. The Development Code does not allow school bus parking; however,it does not prohibit it either. The amendment can be narrowly written with restrictions. • The proposed high school site is good: it is centralized parking within the District and is near industrially zoned property. The site is publicly owned. • The proposal before the City Council at this time is for a text amendment to the Development Code. The plans would need to o through City reviews. Tigard City Council Minutes -March 13,2007 12 enda Item Discussion& Comments Action Items (follow up) • It is anticipated that there will be 14-16 buses parked at this site. • Buses will be parked where modular buildings are now located; there would be no reduction in parking at the site. • No impacts on the sewer system. • Air quality issues were reviewed in his March 7, 2007,letter to the Tigard City Council. A copy of this letter is on file in the City Recorder's office. In response to Councilor Harding,Mr. Burling advised buses are on a routine maintenance program and are monitored for amount of exhaust. In addition,Ms. Friesz advised that the buses are required to go through an annual inspection to meet state requirements. In response to a question from Councilor Woodruff,Mr. Burling said the School District hoped they would have a more permanent solution in about two years. They are actively pursuing options;the parking at the high school would be temporary. In response to Councilor Buehner,Mr. Burling advised they would only park district buses at the high school. Ms. Friesz said they do not anticipate adding more school buses. For now, they have 14 routes and have two extra buses. The District is aware that they do need to find another location. Opponent David Mulholland, 9022 SW Waverly Drive presented written testimony. This testimony is on file in the City Recorder's office. His key points were: • There are inconsistencies in the District data regarding the amount of property to be affected, the number and size of the buses, and whether the use will be temporary or long-term. • Unfair to expect citizens in this area to bear this burden. • Concerns outlined in his letter included issues Tigard City Council Minutes -March 13, 2007 13 Agenda Item Discussion & Comments Action Items (follow up) with noise,parking, and traffic. In response to a question from Councilor Buehner, Mr. Mulholland advised he is aware that the District representatives have said the buses will be parked where the modular building are now;but,he questioned why that area isn't definitively named in the proposal. There was discussion on the amount of noise created by buses, the early-morning schedule for buses and whether the noise is considered to be a problem by some and not others. Mr. Mulholland noted the use for this site is different from having buses drive by. Before the buses leave, each bus goes though a pre-trip inspection,which includes a time when the engines are left to idle. He noted concerns that this would adversely affect the Waverly Drive neighborhood. Rebuttal Mr. Murphy and Ms. Hossain offered the following rebuttal remarks: • Disputed the claim of inconsistencies by the TTSD. District will park their shorter buses at this site;the buses will be 200 feet away from residential property. If a conditional use is possible, then there would be a more detailed review of the District's request and how the use of the site would be implemented. • The issue before the City Council is a legislative amendment, not a site plan review. • The District hopes to find a permanent solution for bus parking. • The plan is to park 16-18 of the short buses at the high school site;additional review by the City will be required. • Additional paving might be needed. • Urged the City Council to not put in too many restrictions. • Buses had been parked at this location previously for a ten-year period without one complaint. Tigard City Council Minutes -March 13,2007 14 Agenda Item Discussion& Comments Action Items follow up) Ms. Hossaini explained the buses to be moved were from the School District site along Highway 99W. Property was recently sold at this location so the buses need to be moved. There are no plans at this time to relocate buses located on Hall Boulevard. There was some discussion about the District's efforts to find other locations for the buses. TTSD Attorney Hossain and City Attorney Ramis discussed limitations that can be imposed within a conditional use permit. Planning Manager Bewersdorff clarified that a time limit could not be placed on a Type I (minor modification). A major modification would be reviewed by the Hearings Officer. Planning Manager Bewersdorff advised that the question of whether to allow school bus parking with the approval of a Conditional Use Permit would be up to the City Council. Staff Recommendation Associate Planner Caines stated that staff recommended the Council adopted the proposed amendment as written. Mayor Dirksen Closed the Public Hearing. Council Discussion: Councilor Buchner said she was sensitive to the concerns raised on behalf of the neighbors. She advised she was in support of the proposed amendment because the time could be limited and there would be a hearing before the Hearings Officer before the District could use the site for bus parking. City Attorney Ramis responded to a question by Councilor Buchner regarding the Type I (minor modification) circumstance. He said language would need to be prepared to address limitations that would apply for a minor modification. Councilor Woodruff advised he was sympathetic to Tigard City Council Minutes -March 13,2007 15 Agenda Item Discussion& Comments Action Items (follow up Mr. Mulholland's concerns;however, he also noted the buses had been parked at this location previously during a ten-year period without problems. He said he would like there to be an understanding with the School District that this will not be an ongoing use for this site. Mayor Dirksen noted the ordinance does not indicate that this use would be limited. Additional language is needed to limit the time allowed for the use. He said he thought the 200-foot buffer of the residential area would be adequate. In response to a question from Planning Manager Bewersdorff, Mayor Dirksen said he could support a three-year time limit. Council decided to continue the public hearing to April 10,2007. Adjournment The meeting adjourned at 9:51 p.m. Motion by Councilor Woodruff, seconded by Councilor Buchner, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Harding Yes Councilor Woodruff Yes Catherine Wheatley, City Recorder Attest: Mayor, Qpy of Tigard ^� Date: iAadm\calhy\ccm\2007\070313.doc Tigard City Council Minutes -March 13, 2007 16