Loading...
City Council Minutes - 05/22/2007 Agenda Item No. E For Agenda of 10 Tigard City Council Meeting Minutes Date: May 22,2007 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Gretchen Buchner Councilor Nick Wilson Councilor Tom Woodruff Absent: Councilor Sherwood Agenda Item Discussion & Comments Action Items (follow up Study Session Mayor Dirksen called the meeting to order at 6:30 p.m. Executive The Tigard City Council went into Executive Session Session at 6:31 p.m. under ORS 192.660 (2) (d) to discuss labor negotiations Executive Session concluded at 6:55 p.m. Study Session (continued) Review of Human Resources Director Zodrow referred to the Proposed information submitted to the City Council Revisions to City regarding the proposed revisions to the city wide Wide Personnel personnel policies. No changes were suggested by Policies the City Council. Study Session Community Development Director Coffee (continued) introduced this agenda item and staff members Ron Bunch and Marissa Daniels. Briefing on Progress of Long Range Planning Manager Bunch reviewed the Implementing staff report for this agenda item. A copy of the Council agenda item summary is on file in the City Annexation Recorder's office. Policy On March 13,2007, Council approved Resolution Tigard City Council Minutes -May 22,2007 1 Agenda Item Discussion& Comments Action Items (follow up No. 07-13 establishing policy to guide City action pertaining to annexation of unincorporated lands. Staff's approaches to implementing Resolution No. 07-13 were reviewed by Long Range Planning Manager Bunch and Assistant Planner Daniels: • Mailings—inviting property owners within 100 feet of the City limits to join the City of Tigard. Informational materials that would be included in the mailing were described by Long Range Planning Manager Bunch. The mailings will be sent in phases, about 100 at a time. This will help gauge interest and allow staff to manage responses. • Targeted Annexation Efforts—Property owners who have expressed an interest in annexing to the City of Tigard will be contacted. • Updated Web Page and Online Information —The City's web page will be updated with current information and a list of links to assist with addressing annexation questions and to respond to more detailed information requests. • Small Group Meetings—Staff will be available to meet with neighbor areas or groups of properties within the Tigard Urban Services area that have an interest in annexation. Letters will be sent to targeted properties. Long Range Planning Manager Bunch explained information shared will include the benefits of annexation stressing that a community is "stronger together." He also noted the city application fee for annexation has been waived until July 1,2008 and the property taxes for newly annexed areas would be phased 'mover three years. Information will also be provided that annexation would mean about 10 percent more in taxes as a City resident than as a County resident. There was discussion about island annexation limitations being proposed by the state legislature. Long Range Planning Manager Bunch noted that Tigard City Council Minutes -May 22,2007 2 Agenda Item Discussion& Comments Action Items (follow up island areas are not be served by the County effectively. Councilor Wilson favored a low-key approach, referring to the efforts over the last four years. Long Range Planning Manager Bunch said the first group to be approached would be those who have indicated they want to annex. There are some indicators that times have changed. The message will continue to be that ultimately city government is more beneficial and offers customized service. The message will be: "stronger together" and the benefits of being in the City. Additional points reviewed were: ■ Paying fair share for benefits received. ■ Phasing in of taxes. ■ Benefits of voluntary annexation. ■ Participation in advisory committees and eligibility to run for the City Council. ■ Removal of cost barriers (annexation fees including the Metro mapping fee); concurrence of City Council to pay this Metro fee for annexation applicants. ■ First outreach to 100 properties will give Tigard officials a sense of what the feelings are now in the unincorporated area. ■ Some people in the unincorporated area feel the City is nibbling away at what could be a future new city. ■ Need to start to build a relationship; continue to ask people to annex,and continue to meet with people. ■ General concurrence to continue the approach of being proactive with regard to annexing those properties that are volunteering to come into the City. Council received a handout regarding the Sunrise Lane Annexation: Summary Comparison of Natural Resource Protections in the Washington County Bull Mountain Community Plan/Development Code and the Tigard Comprehensive Plan/Development Code. This document is on file in the City Recorder's office. Tigard City Council Minutes -May 22,2007 3 Agenda Item Discussion& Comments Action Items follow up Study Session City Council received a copy of a diagram showing Administrative additional parking near the Library along Wall Item Street. Study Session Study Session concluded at 7:29 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:37 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Buehner,Wilson,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 Nancy Younger, 15065 SW Sunrise Lane,Tigard, Communications Oregon presented a proposal to revise Community Development Code Chapter 18.390.040 C3. A copy of her proposal is on file in the City Recorder's office. ■ She reviewed the short time period for neighbors to respond to a subdivision application and the difficulty they had to acquaint themselves with the regulations and register their concerns with the City. Council members, staff and legal counsel discussed Ms. Younger's concerns with her. Key points included: o The state mandates that decisions on land use applications be made within 120 calendar days. o Staff noted the 14-day review period for neighbors is standard among jurisdictions. o There may be some opportunity for additional time for review before the application is deemed as "complete." Tigard City Council Minutes -May 22,2007 4 Agenda Item Discussion& Comments Action Items follow up) o Councilor Wilson recommended the citizens academy for interested citizens to learn about procedures for City government,including land use regulations. o Ms. Younger requested the City ask the state legislature to consider extending the 120-day time period. Mayor Dirksen agreed this would be something City officials could bring up with Tigard's legislative representatives. o Mr.John Frewing suggested the City could allow the citizens a 30-day review period of a substantially complete application. He said the application could be deemed 95 percent complete,give neighbors 30 days to - review and then after the neighbor review, the 120-day clock starts. Councilor Buehner commented this might mean that two public notices would need to be sent out. Mayor Dirksen asked for 3. Consent Mayor Dirksen reviewed the items presented on the Item No. 3.5c to be Agenda Consent Agenda: removed for separate City Council consideration. 3.1 Approve a Tree Board Charge Statement to Conduct the Tigard Tree Stewardship and Motion by Councilor Urban Forest Enhancement Project — Buehner, seconded by Resolution No. 07-30 Councilor Woodruff, to approve the Consent A RESOLUTION OF THE TIGARD CITY Agenda, except for Item No. COUNCIL ADOPTING AN INTERIM 3.5c. TREE BOARD CHARGE STATEMENT FOR THE PURPOSE OF DEVELOPING A The motion was approved COMPREHENSIVE TREE PROTECTION by a unanimous vote of AND URBAN FOREST ENHANCEMENT Council present. PROGRAM Mayor Dirksen Yes 3.2 Approve Amendment to the Washington Councilor Buehner Yes County Cooperative Library Services Public Councilor Wilson Yes Library Service Agreement Councilor Woodruff Yes 3.3 Approve Amendment to the IGA with the Washington County Cooperative Library Services Tigard City Council Minutes -May 22,2007 5 Agenda Item Discussion& Comments Action Items (follow up 3.4 Amendment to the Washington County Inter- Library Information Network WILInet Agreement 3.5 Local Contract Review Board: a. Award a Contract for the Construction of the Jim Griffith Memorial Skate Park b. Authorize Payment to the City of Beaverton for a Water System Connection C. See below; this item was considered separately. Consent Agenda 3.5 Local Contract Review Board: Motion by Mayor Dirksen, —Item No. 3.5C seconded by Councilor c. Award Contract for Construction of Hall Buehner, to approve Boulevard/Wall Street Intersection—Phase Consent Agenda Item No. II and the Library Parking Lot Expansion 3.5 c. Mayor Dirksen referred to the last Budget The motion was approved Committee meeting where this project was by a unanimous vote of discussed. Citizen John Frewing had asked that Council present. the project not be funded. The City Engineer responded by letter noting why the right of way Mayor Dirksen Yes was being proposed to be constructed as now Councilor Buehner Yes designed. The street could be made narrower; Councilor Wilson Yes however, right of way would still need to be Councilor Woodruff Yes included and actual cost savings would be negligible. The Mayor referred to the contractual obligation of the City to provide access to an adjacent property owner. In addition this extension will provide access for the condominiums and will redirect traffic, which was a condition by the Oregon Department of Transportation. Mayor Dirksen said he was persuaded there was no benefit to revising this project now. He pointed out there will be a benefit as this will restore the creek to its natural condition. Councilor Wilson noted the bike lanes will provide a connection to the north and contributes to the city's bike path network. Mayor Dirksen consented to Mr. Frewin 's Tigard City Council Minutes -May 22,2007 Agenda Item Discussion& Comments Action Items (follow up request to comment. Mr. Frewing said the contract should not be awarded and the project should be reengineered. He said he continues to be concerned about the impact to wetlands and believes the project could be scaled down in size. Councilor Woodruff commented that he had never been in favor of the original plan regarding the Wall Street project. However, now that it has been engineered,he is in favor of the additional parking it will provide. He added that he was not sure if the project should be redesigned at this late date because the cost savings would not be much. Recorder's Note At the April 10,2007, City Council Meeting, the Ballot Way W. Lee Measure 37Quasi Judicial Public Hearing— Way W1 Lee Ballot Measure General Contractor,Inc. (2006-00004)was continued to May 37 Claim 22,2007. The City of Tigard and the Applicant entered into a settlement Agreement on May 8,2007, negating the need for the hearing's continuation. 4. Update on Tigard-Tualatin Family Resource Center Director Services offered Catherine West presented information to the City by the Tigard- Council about services provided by the center. Tualatin Family Resource Center A pamphlet outlining the services offered was distributed to the City Council and is on file in the City Recorder's office. 5. Sunrise Lane Mayor Dirksen opened the public hearing. Motion by Councilor Annexation Buehner, seconded by City Attorney Corrigan reviewed how the Councilor Woodruff, to proceedings would be conducted. adopt Ordinance No. 07-10, based on the staff report and Declarations or challenges: Councilor Buehner the testimony presented. advised she lives on Bull Mountain and has walked Council discussed the in the subject area. Mayor Dirksen advised he was addition of an emergency familiar with the area. Councilor Wilson said he clause. After discussion, lives close to the area,but has not walked it consensus of Council was to recently. agree to adopt the ordinance with an emergency clause in All City Council members indicated they had recognition of the delays reviewed the application for annexation. experienced by the applicant, which has been a burden. Tigard City Council Minutes -May 22,2007 7 Agenda Item Discussion& Comments Action Items (follow up Associate Planner Pagenstecher presented the Mayor Dirksen said staff report,which is on file in the City approving the emergency Recorder's office. He referred to the previous clause represents an effort to annexation application, the appeal, the remand and expedite this as much as then the applicant's withdrawal of the original possible. application. This is a new application and since the initial application, two important changes have Legal Counsel Corrigan occurred: recommended two motions: one on whether to add the 1. The City and Washington County have emergency clause to the terminated the Intergovernmental Agreement proposed ordinance and the where the City provided planning and second motion to consider development services on behalf of the County. adopting the proposed ordinance and declaring an 2. The City has amended its Comprehensive Plan emergency. and Development Code (Ordinance No. 06-20) to include Goal 5 Habitat Friendly Motion by Councilor Development Provisions including the Buehner, seconded by Significant Habitat Areas Map. Therefore, the Councilor Woodruff, to Bull Mountain Community Plan and its Goal 5 amend the motion to add an provisions no longer apply to this site. emergency clause. The applicant owns nine parcels. Six additional Council consensus was the landowners of eight parcels accepted an invitation emergency clause would by the City to annex. The proposal before the City provide that the ordinance Council is to annex 17 parcels consisting of would take effect approximately 39.42 acres. All properties will immediately upon passage. benefit from the annexation fee waiver and a phase- in of taxes. No comments were received in The motion was approved opposition. The property,when annexed,will be by a unanimous roll call vote zoned R-7. of Council present. Applicant Testimony: Mayor Dirksen Yes Councilor Buehner Yes Michael Robinson testified as the representative for Councilor Wilson Yes the applicant. He distributed an Exhibit to the City Councilor Woodruff Yes Council: an aerial photograph showing Tigard boundaries, the applicant's lots and the eight parcels Motion by Councilor owned by individuals who accepted the invitation to Buehner, seconded by annex. This map is on file in the City Recorder's Councilor Wilson, to office. Mr. Robinson noted the applicant decided approve the ordinance to reapply for annexation because of the two (Ordinance No. 07-10) as changes noted above by Associate Planner amended. Pagenstecher. Mr. Robinson advised the City Council that he was in agreement with the staff The motion was approved report and requested that the enacting ordinance be by a unanimous roll call vote of Council present. Tigard City Council Minutes -May 22,2007 8 Agenda Item Discussion& Comments Action Items (follow up adopted with an emergency clause. In response to Mayor Dirksen Yes Mayor Dirksen, Mr. Robinson said the City Council Councilor Buchner Yes had adopted the first ordinance by emergency citing Councilor Wilson Yes findings for public health safety and welfare and the Councilor Woodruff Yes same findings were applicable to this application. In response to Councilor Woodruff, Mr. Robinson said the applicant is applying for annexation because the applicant believes it is important for this development to be within the City,which will ultimately be of benefit to home buyers since it will be clear as to who should be providing services. He added the applicant believes that urban developed areas should be in cities. In response to Councilor Buchner,Mr. Robinson commented on the comparison of the Bull Mountain Community Plan and City of Tigard regulations. He said the City of Tigard Code provides for tree protection and there are regulations regarding Goal 5 resources. The Tigard Code is at least as restrictive as the Bull Mountain Community Plan and the resources will be protected. Public Testimony: Nancy Younger, Neutral, 15065 SW Sunrise Lane, Tigard OR 97224 asked if the application fee for the first annexation application was refunded. Associate Planner Pagenstecher said the application fees were not refunded;however,with this current annexation application fees were paid but then refunded because of the policy to waive annexation fees at this time. Ms.Younger asked about those who want to withdraw and stay with Washington County. Mayor Dirksen explained that those properties under consideration tonight have petitioned to be annexed and will be annexed to the City. Ms. Younger showed the City Council on a map where her property is located;it is not part of this annexation proposal. Alice Kimmel, Neutral, 14960 SW Sunrise Lane, Tigard, OR 97224, asked how this would affect her property and would she have to Tigard City Council Minutes -May 22,2007 9 Agenda Item Discussion& Comments Action Items follow up pay for sewer or would the road be widened. Associate Planner Pagenstecher clarified that the decision before the City Council tonight is for annexation of properties and not for development. The developer plans to develop soon and Ms. Kitmtmel's questions would pertain to the development application. Property owners would pay for sewer only if they benefited (hooked up). City Manager Prosser added that the road, Sunrise Lane,was annexed when the Menlor property came into the city. S.W. 150,h Avenue is not in the city and is not a part of this annexation request. Councilor Wilson noted Ms. Kivmtmel brought up a good point when she asked how the development would have access. Access will need to be resolved when the property is developed. Applicant Rebuttal: None. Staff recommended approval of the proposed annexation. Mayor Dirksen closed the public hearing. City Council considered ordinance No. 07-10: ORDINANCE 07-10—AN ORDINANCE Councilor Wilson asked staff ANNEXING SEVENTEEN PARCELS to provide an updated copy TOTALING 39.42 ACRES APPROVING of the Goal 5 provisions. SUNRISE LANE ANNEXATION (ZCA2007- 00001),AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT,WASHINGTON COUNTY STREET LIGHTING DISTRICT#1, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT,AND DECLARING AN EMERGENCY Tigard City Council Minutes -May 22,2007 10 Agenda Item Discussion& Comments Action Items follow up 6. Consider an Assistant Public Works Director Rager presented Motion by Councilor Ordinance the staff report. The proposed ordinance reflects Wilson, seconded by Mayor Amending the current changes in the state's administrative rules Dirksen, to adopt Ordinance Tigard Municipal relating to cross connections for public water No. 07-11. Code (TMC) utilities. The ordinance will bring the TMC in line Chapter with these rule changes, clarify language, and Council discussion followed. 12.10.110 provide staff with better enforcement tools Councilor Buehner advised Regarding the regarding the annual testing of devices designed to she was going to vote no on City's Cross- control cross connections. the ordinance"on general Connection principle" and said she has Control Program Council discussion followed. When presented received several telephone earlier to the City Council, Councilor Wilson calls from citizens who questioned the proposed ordinance. Further consider this ordinance changes were recommended and are outlined in the invasive. Assistant Public staff report on file in the City Recorder's office. Works Director Rager noted the requirements of state Council discussion followed. The ordinance will regulations. Councilor require that all back flow assembly devices become Wilson said the city should registered. Staff received a suggestion by email that be reasonably prudent to the City could provide backflow testing or enter guarantee the safety of the into a contractual agreement for this testing. water supply;although, he Assistant Public Works Director Rager advised thought testing every five there is one individual managing the backflow years would be adequate. program. Mayor Dirksen suggested this might be something the Councilor Buehner advised she strongly objects to city forward to the the ordinance. legislature with a request to review and amend. In The City Council considered Ordinance No. 07-11: response to a question from Councilor Woodruff, ORDINANCE 07-11 —AN ORDNANCE Assistant Public Works AMENDING TIGARD MUNICIPAL CODE Director Rager advised the CHAPTER 12.10.110 REGARDING THE City only knows of those CITY'S CROSS CONNECTION CONTROL backflow devices have been PROGRAM reported to the city by the property owners as they comply with the regulations for testing. For those devices that are not in compliance, staff might become aware of them if they can view a sprinkler system or a hot tub on the _property. Tigard City Council Minutes -May 22,2007 11 Agenda Item Discussion & Comments Action Items (follow up The motion passed by a majority vote of City Council present. Mayor Dirksen Yes Councilor Buehner No Councilor Wilson Yes Councilor Woodruff Yes 7. Consider Council consideration for this claim was postponed Measure 37 to an indefinite date. Claim: E&V Development (M372005- 00007) 8. Consider This public hearing was continued to an indefinite Measure 37 date. Claim: Shilo Inn/Cascade Hotel Corp. (M372006- 00005) 9. Consider a Public Works Director Koellermeier presented the Motion by Councilor Purchase and staff report. The city conducted an appraisal of the Buchner, seconded by Sale Agreement lots; the appraised value and corresponding Mayor Dirksen, to approve for Two Ash purchase price is $385,000. The Parks Capital Fund the Purchase and Sale Creek Estates has $1,147,326 available for park land acquisition in Agreement and authorize Lots in Order to the current fiscal year. the City Manager to execute. Construct a Neighborhood The lots border an open space that Ash Creek There was discussion on the Park. Properties is donating to the City and will be motion. Councilor useable for a city park. Public Works Director Woodruff said another Koellermeier reviewed discussions with the option would be to go back developer. Once negotiated, the City Attorney's to the seller and ask for a office prepared the proposed Purchase and Sale price reduction; all that Agreement. Councilor Buehner commented she would be lost is one week. thought this was ironic insofar as this is what the Planning Commission had previously requested. The motion failed upon a tie vote of the City Council In response to a question from Councilor present: Woodruff,Public Works Director Koellermeier advised the Park and Recreation Advisory Board Mayor Dirksen Yes (PRAB) had reviewed options and evaluated 40 Councilor Buehner Yes properties for potential park land purchases. The Councilor Wilson No Tigard City Council Minutes -May 22,2007 12 Agenda Item Discussion& Comments Action Items (follow up) - subject property was among the 40 properties Councilor Woodruff No evaluated and reviewed by PR-AB. There is a willing seller. This is a park land purchase that can Councilor Wilson noted that come to fruition in a neighborhood that is park raw land is cheaper than deficient. developed lots. He noted the property is expensive because There was lengthy discussion about the value of the it is ready to be developed. property with an acknowledgement that this is He said he would be willing expensive. The property would provide good to consider the purchase of public access to the open space,provide a location the property because it is for a trail head facility, and be a good site to adjacent to and the only develop a tot lot. The land has been leveled to viable access to the open some extent and the developer will do some space; this area would make a additional planting (mitigation) in the slope areas. reasonable place for a trail head. However, the price There was discussion on whether to place a motion for these pieces of property on the floor to approve the purchase and sale seems a bit high. agreement. Councilor Wilson said he would like to hear from Mr.John Frewing who earlier indicated Councilor Buehner recalled some concerns about the purchase of this property. discussion by opponents of the development who cited Mr. Frewing's main points of concerns were: the importance of the cedar trees and that this was a very ■ This would not be a wise expenditure of city special area. They argued dollars and he suggested the city obtain an that this was an opportunity additional appraisal. for Tigard to have a top ■ Cited the lack of parking and the steep slope. quality open space. She says ■ Referred to the topography of the property and it appears this discussion has said the city is proposing to pay"astounding been forgotten; although, it prices" for the property. was one of the reasons why ■ she made the decision she did Translating the property price of$385,000 into what it would cost per acre equals $1.5 million. while serving on the Planning ■ He lives in the area and would like parks but Commission. said the city can make better use of the money by purchasing other sites for parks.' Motion by Councilor ■ Referred to the development process;this Woodruff, seconded by, represents a major change to the development Councilor Wilson, to direct proposal and said it should be resubmitted for staff to go back to the review. owners,let them know of the ■ These two lots are interesting,but not at that current Council sentiment price. that there is interest, but the price is too high. Staff will Mr. Frewing said he has not had an opportunity to report back to the City review the appraisal; the appraisal had not been Council the outcome of this available for public review before now. He said he conversation with the would like to review the appraisal. owners. Tigard City Council Minutes -May 22,2007 13 Agenda Item Discussion& Comments Action Items follow up Lengthy discussion followed regarding to the depth Mayor Dirksen rephrased the of review by the PRAB. Public Works Director motion that the direction to Koellermeier advised there were issues of staff is to make a counter- confidentially regarding the negotiation process for offer on the property. the purchase of the property. If the Council does During discussion on not approve the purchase, the appraisal does not clarification of the wording of necessarily become a public document. the motion, Public Works Director Koellermeier The discussion included conversation about the suggested that the City topography of the proposed park area, the Council not tell him at this diminishing amount of land available for areas that time the lowest acceptable are park deficient, the relative value of the owning price for the property. Public this property for a park and how it could be Works Director Koellermeier utilized. said he will see what he can do and then bring back "something." Mayor Dirksen then announced that it had been moved and seconded to direct staff to move forward to making a counter-offer. The motion was approved by a majority vote of City Council present: Mayor Dirksen Yes Councilor Buchner No Councilor Wilson Yes Councilor Woodruff Yes Councilor Buchner reiterated that she was very concerned about the history of this property and the personalities involved and that the City may lose the opportunity to purchase this property. Tigard City Council Minutes -May 22,2007 14 enda Item Discussion& Comments Action Items (follow u Adjournment The meeting adjourned at 9:26 p.m. Motion by Councilor Woodruff, seconded by Councilor Buehner, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Woodruff Yes atherine Wheatley, City Recorder Attest: Mayor, of Tigard Date: O' Y ' 0�1 Tigard City Council Minutes -May 22,2007 15