City Council Minutes - 08/12/2008 I
1 •
Agenda Item No. a .
'+ For Agenda of Iy. )4,l . o j,
TIGARD CITY COUNCIL/City Center Development Agency/
Local Contract Review Board
Meeting Minutes
MEETING DATE/TIME: August 12, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard- Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223
STUDY SESSION
Truk 2
Mayor Dirksen called the meeting to order at 6:31 p.m.
City Council present:
Name Present Absent
Mayor Dirksen ✓
Councilor President Sherwood ✓
Councilor Buehner ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Staff Present: City Manager Prosser,Building Official Blalock,Assistant Community Development Director Bunch,
Community Development Director Coffee,Police Chief Dickinson,City Engineer Duenas,Associate Planner Floyd,
Engineering Manager McMillan,Senior Planner Nachbar,Associate Planner/Arborist Prager,City Attorney Ramis,City
Recorder Wheatley.
Mayor Dirksen announced the City Council would go into Executive Session under the following authority:
• EXECUTIVE SESSION: The Tigard CityCouncil went into Executive Session at 6:32 p.m. under ORS
192.660 (2) (i) to review and evaluate,pursuant to standards,criteria,and policy directives adopted by the
governing body, the employment-related performance of the CityNtanager.
Executive Session concluded at 7 p.m. See Agenda Item No.7 for follow-up action bythe City Council.
TIGARD CITY COUNCIL/LCRB/CCDAAGENDA- August 12, 2008
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Study Session
Review and Discuss Gresham's Rental Housing Inspection Program
This item was before the City Council as an item identified for the task list by the City Council during its goal
setting session in January 2008.
Councilor Wilson recalled he was interested in this topic to discuss whether there are apartments that need to
be repaired or maintenance addressed to bring them up to code levels. There might be tenants who are in a
position who would not be likely to report conditions not in compliance.
Staff Presenter. Building Division Manager Blalock
Key Points:
■ The Housing Inspector reports to Building Division Manager Blalock
■ Building Division Manager Blalock interviewed the Gresham Building Officials regarding the Gresham
program.
■ Gresham rates were reviewed,which were set up similarlyto a business tax structure. Charge is per unit. A
large sum of money was available from this fund and Gresham decided to allocate the funds to their
inspection staff to perform a systematic annual review of every apartment unit.
■ Gresham staff thought it would take three years to inspect all of the apartment units; however,complaints
on specific units would be worked into the schedule. Building Division Manager Blalock noted that the
City of Tigard housing inspection is done on a complaint basis. Tigard receives about two to six complaints
per day,about one-third of these complaints relate to housing code issues while the others relate to
property code violations (i.e.,fence complaints).
■ With the implementation of the housing inspection program the Housing Inspector advised Building
Division Manager Blalock that he thinks the apartment owners have responded and there is a reduction of
calls from when the program first started up.
■ City Attorney Ramis advised Gresham is creating the forms and documents needed for this program at this
time and are under administrative and legal review. There is some complexity regarding implementation.
■ Building Division Manager Blalock and the City Council discussed current rates charged for the housing
program He referred to the City Council packet information outlining the Tigard fee structure.
• City Manager Prosser asked Building Division Manager Blalock if experience has shown whether the size of
the rental complex correlates to how well it is maintained. Building Division Manager Blalock advised he
had not reviewed this but he could do so. Councilor Buehner suggested that it is likely the caliber of the
manager that dictates the maintenance quality.
■ Mayor Dirksen asked the relationship between the housing program and general code enforcement.
Building Division Manager Blalock said there are a nuisance code enforcement officer and a building code
enforcement officer. CommunityDevelopment Director Coffee advised these two officers often cross
lines to respond due to the interchangeabilityof the nature of these complaints
■ The Gresham program's structure was reviewed by Building Official Blalock and Assistant Community
Development Director Bunch. Council discussed similarities and differences between Tigard and Gresham
with regard to rental housing.
TIGARD CITY COUNCIL/LCRB/CODA AGENDA— August 12, 2008
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■ Protection of health and safety language for the Code was suggested as a way not only to perform
inspections for livability but also experience from other similar programs has shown that criminal activity is
discovered occasionally,which can then be dealt with by the Police Department.
City Manager Prosser asked for Council direction on whether to proceed with a rental housing inspection
program Councilor Wilson said it might be good to monitor Gresham's program for a couple of years.
Council President Sherwood said she would also like staff to monitor complaint-driven incidents to
determine if there should be a"heavier crackdown." Community Development Director Coffee suggested
staff track complaints for the next six months,check-mi with the Gresham program experiences and report
back to the CityCouncil. Community Development Director Coffee noted that after the six-month update,
Council would have an opportunity to decide whether a program should be submitted for consideration in
next year's budget. Council discussed the health/safety issues uncovered in the Bonita Villa apartments,
which has improved but still has issues they are trying to deal with; i.e.,cockroaches and structural
problems. Improvements to Villa La Paz,now known as Greenburg Oaks,were also noted. Community
input on this type of program would be welcomed bythe CityCouncil. Council President Sherwood
referred to a suggestion at a Fifth Tuesday meeting for some temporary code enforcement assistance and a
new program might provide options to help fund a temporary position.
Track a
Receive Information on Urban Forestry Management Master Plan- Community Development Department
Assistant Community Development Director Bunch and Associate Planner/Arborist Prager presented this
item to the City Council.
Assistant Community Development Director Bunch referred to the Comprehensive Plan,which contains a
specific policythat says there should be an Urban Forestry Management Master Plan. The development of
this Plan will require citizen involvement with reports to the City Council. The Plan will be important to
the City operations as it does business.
Assistant Community Development Director Bunch said an Urban Forestry Plan is a way by which we can
take a comprehensive approach to managing the City's urban forest. This will include both public and
private lands. The Plan is not a regulatory tool,but from a public perspective,it is a tool by which we can
coordinate the operation,purchasing,management,and maintenance of all the trees owned by the public.
From the private lands standpoint,the Plan provides infonnation,technical advice,and coordinates
programs that help people improve their own treescapes and landscapes contributing to the overall quality
of the urban forest. It is an important venue by which we can marshal the resources in the public to engage
and do things such as protect Goal 5 tree resources and uplands;develop revised landscape standards,or
other kinds of tree protection and preservation measures. The Plan will require coordination among City
departments,outreach to the public,developing common goals,and good management practices associated
with budgeting and implementing actions to improve the urban forest. Public engagement and
involvement of the public was stressed.
Assistant Community Development Director Bunch said staff would like to initiate this project this year,it
will be primarily staff driven. Acitizen advisory committee would be formed to develop the overall urban
forestry plan. Many cities have urban forestry plans-the City of Vancouver has an excellent Plan.
TIGARD CITY COUNCIL/LCRB/CODA AGENDA— August 12, 2008
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Associate Planner/Arborist Prager said it would be important to establish existing conditions in Tigard. He
said he thinks there are many ideas about what we have, but a critical component of an urban forestry plan
is to know what you have and then state what you would like to have in the future. He said staff has
worked with Metro on some canopy analysis so staff has some preliminary findings they can use in the Plan.
Councilor Buehner said she thought an inventory had been done during the Comprehensive Plan review.
Assistant Community Development Director Bunch said the process was started with Metro. A geographic
information systems (GIS) analysis was done for a 1996 vs.2007 canopy. Associate Planner/Arborist
Prager reviewed highlights:
■ Tigard,in 1996,had 25.84 percent of the land area covered with tree canopy. In 2007,the area covered
by the tree canopy was 24.52 percent. This represents an approximate loss of 1 percent or 100 acres of
canopy lost. Councilor Buehner pointed out that compared to when the City was formed,there has
been a tremendous gain in tree canopy.
■ Assistant Community Development Director Bunch referred to the type of canopy in terms of
contiguity and the large parcels. Associate Planner/Arborist Prager said 50 percent of the canopy
clusters were for five acres or more range in 1996. In 2007,41 percent of the canopy clusters were for
five acres or more representing a large drop.
■ With an overall loss at about 1 percent,it appears that efforts to require replanting,street trees,
replanting,and restoration has been successful given the development of the larger parcels.
■ Assistant Community Developm ent Director Bunch referred to data gathered and an interactive map
showing the progression of tree loss over the years.
■ Mayor Dirksen noted his support for the tree inventory as it relates to the Comprehensive Plan.
Assistant Community Development Director Bunch said the next step for the inventory is to determine
the natural resource significance of the trees.
■ Community Development Director Coffee reminded Council of the need to get started on developing
language for the Tree Code. The Urban Forestry Master Plan and Tree Code rewrite will be done
simultaneously.
■ Councilor Woodruff asked if the Tree Board should serve as the Citizen Advisory Committee for this
project. Associate Planner/Arborist Prager said staff was envisioning that this would be a broad-based
group representing all the stakeholders,including developers. Mayor Dirksen suggested the Tree Board
would be included along with other individuals. Assistant Community Development Director Bunch
noted the need to get input from utility companies,and Oregon Department of Transportation
(ODO1).
Council members indicated support for staff to proceed with the Urban Forestry Management Plan as
proposed bystaff. Council President Sherwood noted her interest in inviting and learning if the development
community steps up to give input to this process.
Track 5
> Administrative Items:
■ CityManager Prosser reviewed information distributed to the City Council for tonight's business
meeting:
o Council Groundnrles (this was delivered in the CityCouncil newsletter mailed on Friday,August 8)
o A map for the Brentwood Annexation will be reviewed by Associate Planner Pagenstecher during
the meeting. (Agenda Item No.4)
TIGARD CITY COUNCIL/LCRB/CCDA AGENDA— August 12, 2008
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■ Council meeting calendar was reviewed. Next week's meeting has been cancelled. The next business
meeting will be August 26,2008.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the meeting to order at 7:36:54 PM
1.2 Roll Call:
Name Present Absent
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
1.3 Pledge of Allegiance
1.4 Council Communications &Liaison Reports
7:37:36 Pbi
Councilor Buehner advised she would give a report on the activities of the Urban Reserve Committee
at the end of the business meeting. (See Agenda Item No.6)
1.5 Call to Council and Staff for Non-Agenda Items
Council considered a motion relating to an item discussed during the Executive Session regarding the
Gty Manager's annual review. (See Agenda Item No. 7)
Councilor Buehner announced her son is on the US Olympic Rowing Team;the Team has qualified for
the finals.
7:38:42 PM
2. CITIZEN COMMUNICATION(Two Minutes or Less,Please)
• Gtizen Communication-Sign Up Sheet
• Andrew Spiak,9825 SW O'Mara,Tigard,OR 97223 asked about the house that the Gty of Tigard
purchased"next door." He said he called the Gtyand was notable to find out how much this cost.
This was formerly the "Schaltz" house. He asked when the Gty bought it,what the process is for
buying property,the cost,and what the Gty will be using it for.
City Manager Prosser said he did not have the details with him and he would need to follow up
with Mr.Spiak He gave a general response: The property was purchased within the last six to
eight months. Staff learned it was coming on the market and came to the Gty Council. The Gty
Council gave staff the go ahead to talk to the property owners. An appraisal was done on the
property and the Gty paid the price named in the appraisal. He told Mr.Spiak that he cannot
remember the price and will need to look it up. Mr.Spiak referred to a price of$846,000. Several
Council members responded that this figure was not the price. Mayor Dirksen said it was more like
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$535,000. Mr. Spiak asked if this was for both properties. CityManager Prosser responded that the
City purchased the "white house" property fust and then staff learned the"back house" was
available. An appraisal was also done for this home and it was purchased. This purchase was
completed in late spring or early summer. The City now owns both properties.
In response to a question from Mr.Spiak regarding the intended use,City Manager Prosser said the
property would add to the Fanno Creek Park,so it's part of the park system now. The back house
will probably come down to expand the grounds. The front house will likely be kept as some sort
of public resource; i.e.,meetings,wedding receptions,etc. This would go through a master
planning process. Mayor Dirksen advised the City has held a couple of events there. There was a
Council goal session (team building) and a reception to celebrate signing the Tigard/Lake Oswego
water partnership agreement.
Mayor Dirksen said the City saw these purchases as a great opportunity to gain control and bring
the creek bank on that side of Fanno Creek,opposite to where we already had parkland,into public
ownership where it could be improved and the riparian corridor restored.
Mr.Spiak asked if the public hears about these things before they happen. Mayor Dirksen said the
City Council acted quickly on these purchases because it came on the market and we needed to
react in a"market way." CityManager Prosser added the process on these purchases was that staff
heard that it was going to be listed for sale;we brought it to Council in Executive Session because
potential property acquisitions are discussed in Executive Session. Once the deal was put together,-
the
ogether;the Council discussed it in open session and gave the authorization to move ahead. Mayor Dirksen
advised that another component of public process occurred. The City of Tigard has a park and
recreation board. About a year ago,Council asked this Board to do an inventory of properties
available in the City of Tigard. The City is aggressively attempting to find open space and
properties that can be added to the parks inventory. Neither of these properties was on the
inventory as part of the Park Board process because they were not recognized as being available. At
the time when we were looking at exploring purchasing them,we alerted the Park and Recreation
Advisory Board to this opportunity and asked them whether they thought this was appropriate and
in line with their goals. The Board was enthusiastic that we should move forward with the
purchases. The Council felt confident that the purchases were in keeping with the overall goals the
City has to expand our parks properties.
Mr.Spiak said he is frustrated with spending three-quarters of a million dollars to buy these two
houses and referred to the economy. He asked how the City gets that kind of money and then
added that it comes "from the people." Councilor Sherwood advised these purchases were funded
by SDC money(system development charges) for parks. Mr.Spiak asked if we are "going into the
wedding business." Mayor Dirksen said that is not the goal. It is a possible use for it,but that is
not the goal. The goal is to preserve the property,restore the creek side and make it part of Fanno
Creek Park so it will be available for public use.
• Mayor Dirksen noted that Rene Nelson signed up to speak;however,her topic is the Brentwood
Annexation,which will be the subject of a public hearing later in the meeting.
TIGARD CITY COUNCIL/LCRB/CCDA AGENDA— August 12, 2008
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of M
• Lisa Hamilton-Treik, 13565 SW Beef Bend Road,Tigard OR 97224 and Kathy Palmer 14260 SW
High Tor Drive,Tigard OR 97224 addressed the Council as representatives of Citizens
Participation Organization(CPO) 4B.
Ms. Hamilton-Treik advised she is a resident of unincorporated Bull Mountain. She was before the
City Council at the request of the CPO-4B Steering Committee. She referred to the area of
coverage by CPO-4B and 4M. She said in May the residents of the Tigard area along Barrows
Road learned of the proposed closure of Barrows Road and those residents brought this to the
attention of the CPO. The CPO placed that issue as their main topic of discussion at the June
meeting. This drew a number of people who were concerned about the road being closed. Many
people did not understand what was going on with the bridge and the long-range transportation
plan. What came out of that meeting was a resolution requesting that an effombe made to find a
way to keep that road open until the Davies extension happens. A second meeting of CPO-4B was
held in July on this matter and it was also well attended. At both CPO meetings,representatives
were present from the City of Tigard and Washington County. In July,staff from Beaverton also
attended. Ms.Hamilton-Treick thanked the City of Tigard for sending those staff persons to the
CPO to speak on this issue.
Ms.Hamilton-Treick said that members of the CPO learned before their meeting in July adjourned,
that it looked like the City of Tigard,Washington County,and the Cityof Beaverton had all come
together in a cooperative effort to find an affordable way to keep that bridge open. She referred to
a CPO resolution urging the Washington County Board of Commissioners and the Washington
County Department of Land Use and Transportation to authorize repair of the bridge on Barrows
Road and to keep Barrows Road open. She said she was before the City Council to thank the
members and to commend them on the collaborative effort to find a solution to that problem. She
presented the City Council with a copy of the resolution. (CP014B Resolution No.08-01).
• Kathy Palmer said she lived in unincorporated Washington County,her address is cited above. On
September 11,7-9 p.m.,the CPO has invited the Tigard Historical Association and the Washington
County Historical Society to talk about the history of the area and how it relates to the growth in
the County, i.e.,the development of Tigard and Bull Mountain. On the 2"d the CPO meeting will
be devoted to introducing candidates running for public office. All of the public is invited to their
meetings. From the success of the Barrows Road resolution,it can be presumed that the CPO-4B
is actively aware of their area residents'concerns.She congratulated the people who came together
to make that work
• Lisa Hamilton-Treick said she saw a notice that Tigard staff was successful in getting the Metro 30-
year High Impact Traffic Open House held in Tigard. She said that was commendable for them to
have noticed that it was overlooked and taken the initiative to get that corrected.
Ms.Hamilton-Treicksaid that her family has a lot of historywith the house on Hall Boulevard that
the City recently acquired. Mayor Dirksen said he recalled that Ms.Hamilton-Treik used to live in
that house. She said they have many happy memories about that house. It is a"magical" place and
she said she could not be more pleased that it is coming into public use. She offered to bring
photographs from the 1980's that the City might want to archive. She congratulated the Cityon
this acquisition.
TIGARD CITY COUNCIL/LCRB/CCDA AGENDA— August 12, 2008
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Councilor Woodruff commented that there were a number of people attending the water
agreement signing who were curious about the history of the property and house. He welcomed
any information that Ms.Hamilton-Treick might have regarding its history.
Councilor Buehner thanked Ms.Hamilton-Treick for letting the City Council know what is
happening at the CPO. Councilor Buehner referred to the New Seasons store to be built on
Barrows Road and asked about its status as she thought construction was going to start this
summer. Ms. Hamilton-Treick advised that Gramor Development has done a fabulous job with
staying in touch with the CPO. Gramor did a presentation in the spring and her recollection that
construction was delayed until 2009.
7:53:17 PM
• Follow-up to Previous Citizen Communication: None
7:53:22 PM
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA ('Tigwd Gly C 4 Lord Cormi-actReuewBaznl& GzIy Center DereloprmrnAgemy)
3.1 Approve City Council Minutes for May 20 and June 10,2008
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 City Council and City Center Development Agency(C®A) Receive and File:
a. City Center Urban Renewal District Financial Impact Report
3.4 Approve Budget Amendment No. 1 to the FY 2008-09 Budget Increasing Appropriations by$75,000
in the Community Development Program to Reflect the Costs Associated with Tree Planting Projects-
Resolution No.08-40
A RESOLUTION APPROVING BUDGET AMENDMENT# 1 TO THE FY 2008-09 BUDGET-
INCREASING APPROPRIATIONS BY$75,000 IN THE COMMUNITY DEVELOPMENT
PROGRAM TO REFLECT THE COSTS ASSOCIATED WITH TREE PLANTING PROJECTS
3.5 Approve Budget Amendment No. 2 to the FY 2008-09 Budget to Transfer$109,841 from General
Fund Contingency to General Fund Interfund Transfers for the First Year Payment for the(lute
Property Purchase Loan Repayment to the Water CTP Fund—RESOLUTION NO.08-41
A RESOLUTION APPROVING BUDGET AMENDMENT#2 TO THE FY 2008-09 BUDGET
TO TRANSFER$109,841 FROM GENERAL FUND CONTINGENCY TO GENERAL FUND
INTERFUND TRANSFERS FOR THE FIRST YEAR PAYMENT FOR THE CLUTE
PROPERTY PURCHASE LOAN REPAYMENT TO THE WATER CTP FUND
TIGARD CITY COUNCIL/LCRB/CODA AGENDA— August 12, 2008
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3.6 Approve Budget Amendment No.3 to the FY 2008-09 Budget Implementing the Interim Financial and
Information Services Department Plan- RESOLUTION NO..08-42
A RESOLUTION APPROVING BUDGET AMENDMENT#3 TO THE FY 2008-09 BUDGET-
INCftEASING APPROPRIATIONS BY$75,000 IN THE COMMUNITY DEVELOPMENT
PROGRAM TO REFLECT THE COSTS ASSOCIATED WITH TREE PLANTING PROJECTS
3.7 Amend Section 5 of Resolution No.08-31,Adopting the Budget and Imposing Taxes as
Provided for in the FY 2008-09 Budget-RESOLUTION NO.08-43
A RESOLUTION AMENDING SECTION 5 OF RESOLUTION 08-31,ADOPTING THE
BUDGET AND IMPOSING TAXES AS PROVIDED FOR IN THE FY 2008-09 BUDGET
3.8 Local Contract Review Board-
a. Amend Accela Automation Contract to Add Wireless Service Module
b. Award Contract for Construction of 97`x'Avenue Sanitary Sewer Extension (Sewer Reimbursement
District No.41)
c. Approve Contract Amendment with SunGard Bi-Tech LLC Under Tigard Public Contracting
Rule 10-075B.
3.9 Establish Neighborhood Trail Study Citizens Advisory Committee- RESOLUTION NO.08-44
A RESOLUTION ESTABLISHING QUZEN ADVISORY COMMITTEE TO GUIDE THE
PREPARATION OF THE TIGARD NEIGHBORHOOD TRAILS PLAN AND APPOINTING
MEMBERS TO THE COMMITTEE
3.10 Approve Grant Application to the Office of Juvenile Justice and Delinquency Prevention
3.11 Adopt Council Groundrules- RESOLUTION NO.08-45
A RESOLUTION AMENDING THE COUNCIL GROUNDRULES (EX-HBIT A) AND
SUPERSEDING RESOLUTION 07-48
3.12 Approve Local Option for a Second Period of I-istoric Property Special Tax Assessment-
RESOLUTION NO.08-46
A RESOLUTION APPROVING THE ADOPTION OF A SECOND PERIOD OF SPECIAL
ASSESSMENT OF HISTORIC PROPERTY PURSUANT TO SENATE BILL 416(2007
LEGISLATIVE ASSEMBLY)
3.13 Amend the Process to Appoint Ad-hoc Citizen Advisory Committee- RESOLUTION NO.08-47
A RESOLUTION AMENDING THE PROCESS TO FORM AND APPOINT MEMBERS OF
LIMITED DURATION TO CITIZEN ADVISORY COMMITTEES
TIGARD CITY COUNCIL/LCRB/CCDA AGENDA— August 12, 2008
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Motion by Councilor Wilson,seconded by Councilor Sherwood,to approve the Consent Agenda.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
7:56:57 PM
4. QUASI-JLJDICTAL PUBLIC HEARING- ZCA 2008-00004/BRENTWOOD HOMES ANNEXATION
REQUEST: Annexation of three (3) parcels totaling 7.45 acres plus right-of-way into the City of Tigard.
The initial applicant and owner is Sun Ridge Builders,Inc.,the sole owner of Tax Lots 1200 and 1201. Sun
Ridge Builders plans to develop its 6.1-acre propertyinto a 16-lot subdivision called Brentwood Estates.
The property received land use approval from Washington County on November 6, 2007 (Case file 07-314-
S/DR). The subject property is required to be annexed into the City of Tigard in order to receive public
utility services. The connection for public utilities will be from within the Cach Creek property,which is
within the City and owned by the City. The City invited the owners of nine neighboring properties to join
the annexation and the owners of one, 1.35-acre property(15605 SW Roshak Road) accepted. All property
owners have consented to the annexation.
LOCATION: Southwest Bull Mountain Road just before SW Roshak Road. Washington County Tax
Map 2S108AB,Tax Lots 01200 and 01201; and 15605 SW Roshak Road Washington'CountyTax Map
2S 108BA, Tax Lot 04800.
COUNTY ZONE: R-6 District (Residential 6 Units Per Acrel The purpose of the Washington County
R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential
development at no more than six(6) units per acre and no less than five (5) units per acre,except as
specified bySection 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity-for
more flexibilityin development than is allowed in the R-5 District.
EQUIVALENT CITY ZONE: R-7:Medium Density Residential District. The Cityof Tigard R-7
zoning district is designed to accommodate attached single-family homes,detached single-family homes
with or without accessory residential units,at a minimum lot size of 5,000 square feet, and duplexes, at a
minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright.
Some civic and institutional uses are also permitted conditionally.
APPLICABLE REVIEW CRITERIA: The approval standards for annexation are described in
Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal
1.1, Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1;
ORS Chapter 222;and Metro Code Chapter 3.09.
a. Mayor Dirksen opened the public hearing 7:57:11 PNt
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b. Statement by City Attorney Regarding Procedure - City Attorney Ramis reviewed the public hearing
procedures.
C. Declarations or Challenges reviewed as follows:
- Do any members of Council wish to report any ex parte contact or information gained outside
the hearing,including any site visits?8:01:15 PM Councilor Buehner advised she had walked the
site and was familiar with it. Councilor Wilson also said he was familiar with site
- Have all members familiarized themselves with the application? All members indicated they
were familiar 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? There were no
challenges.
d. Staff Report: Community Development Department
Associate Planner Pagenstecher presented the staff report; a copy is on file in the City Recorder's
office. 8:04:29 PM He also reviewed a vicinity map of the area to be annexed.
Councilor Buehner noted the proposal included a section of right of way on Bull Mountain Road.
She asked if there was any discussion about discussing the right of way in front of two lots between
the proposed annexation areas. Associate Planner Pagenstecher said there was no discussion on this
advising that the policy is to annex adjacent right of way. After brief discussion, City Manager
Prosser clarified that the Legislature amended the definition of what creates an island and there are
limitations on whether annexation of a road right of way would define whether an island has been
created.
In response to a question from Councilor Woodruff,Associate Planner Pagenstecher said that the
"tail" configuration on the map is a private access drive for four parcels and not from SW 157''
Avenue.
e. Public Testimony
Applicant
Rene Nelson,Representative for Brentwood Homes,c/o LanPacific,5725 SW Macadam Avenue,
Portland,OR 97239. She asked the City Council to approve the annexation as they have requested.
8:07:49 PM
Neutral
Monica Wright, 15585 SW Roshak,'Tigard,OR 97224, advised her property was adjacent to the
Zickuhr property,which is one of the parcels under consideration for annexation. She noted that
her property uses the private drive for access. Mayor Dirksen said that this would remain as a
private drive. She asked if there was a potential for her property to be taken to make this into a road
for an entrance and exit. Councilor Wilson said the drive would remain private property. The
annexation only affects whether the propertyis located inside or outside of the City. Ms. Wright
noted the annexation report states the annexation area could be developed into nine lots for homes.
With nine homes,would the City decide the roadway needs to be brought up to a full street standard
for emergency vehicle access? Councilor Wilson said the annexation proposal would likely have
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little or noimp act on Ms. Wright's property, annexation does not necessarily increase the likelihood
of development. The development potential is specified in the staff report because the zoning is
changing from a Washington County zone to a City zone. Our policy is to use the closest zoning
designation when compared to the Washington County zone upon annexation.
Ms. Wright asked what advantage is it to the City of Tigard to annex the right of way adjacent to
annexed property. Councilor Wilson said the right of way is part of the parcel and the entire parcel
is being annexed. City Manager Prosser added that the private driveway is not right of way, when
reference is made to right of way for this annexation,staff is referring to a portion of Bull Mountain
Road and Roshak Road.
Ms. Wright asked about services. For example,what about police services in an emergency
situation. Mayor Dirksen and Councilor Wilson advised Tigard and the Washington County
Sheriff's Agency have entered into a mutual aid agreement,the agency with the closest officer will
respond regardless of whether a call is made from the City or in the unincorporated area.
8:13:02 Pro
Greg Parsons, 15015 SW Bull Mountain Road, advised his property is adjacent is to the Brentwood
Estates. He said he is in the unincorporated area and asked if he should want public sewer through
Brentwood,would he have to annex. Several City Council members indicated he would have to
annex to connect to this sewer line. Mr. Parsons said, "So,you are land locking me in there."
Councilor Wilson responded, "Actually, it's just the opposite. Our policy is that if it flows downhill,
we would require you to be in the Cityin order to serve you. If that were not in the City,you would
have to come into the City before you could develop it. So,this actually gives you an opportunity
that you wouldn't have otherwise have had." In checking this statement with staff, Councilor
Wilson restated his understanding: "In order to serve a propertywith Citysewers, it has to be
contiguous with the City. You could get Wash Washington County sewers, but only if it flows
downhill from your property." Mayor Dirksen said, "There may not be access to Washington
County sewer from the property, is that what you are saying." Councilor Wilson responded,"If that
were the case,you would have to wait until you came into the City... " Mr.Parsons said that
everything on the north side is Tigard,so there would never be any Washington County sewer
brought to his property now that there is a City of Tigard park Mayor Dirksen agreed with Mr.
Parsons that it would be unlikely that he could be served by a Washington County sewer line.
Council President Sherwood advised Mr. Parsons of the current policy regarding annexation
requests for the City of Tigard: no annexation fees and a three-year phase-in of City taxes.
8:15:32 PM
Clarence Zickuhr, 15065 Roshak Road, Tigard, OR 97224 (applicant) said he was very happy to have
been invited into the City of Tigard so he does not have worry about the City of Bull Mountain or
"any other such thing threatening my property in the future." He added that he uses City services
and has felt he was a part of Tigard and he concluded he wanted to become a part of Tigard.
8:17:03 PD1
f. Staff Recommendation: Associate Planner Pagenstecher advised the staff recommendation was for
the City Council to adopt the proposed ordinance and approving the annexation.
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8:17:15 PM
g. Mayor Dirksen closed the public hearing.
8:17:171'M
h. Council Discussion and Consideration: Ordinance No.08-11
Council President Sherwood commented that this is the second application for annexation recently
where people have come forward to say they felt that since they were using City services,they
wanted to be a part of our City. She welcomed the new residents and said she was pleased to see
these annexations come forward.
Councilor Woodruff added that annexation has been controversial in the past and there have been
comments by some people about"piecemealing" annexation on the Mountain. Voluntary
annexation is what is available. The City of Tigard has invited and encouraged annexation by
providing incentives. If people choose to annex,then"we are welcoming them as part of the
City... there is no involuntary process going on."
Council President Sherwood said there are other people on the Mountain who are anxious to come
into the Cary, but they cannot do so unless they are contiguous. As a few of these parcels come in,
those that are contiguous are asked if they would also like to annex.
Motion by Council President Sherwood,seconded by Councilor Woodruff,to adopt Ordinance No.
08-11.
The motion was approved by a unanimous vote of Council present.
ORDINANCE NO. 08-11 - AN ORDINANCE ANNEXING 7.58 ACRES OF LAND,
INCLUDING THREE (3) PARCELS AND RIGHT OF WAY,APPROVING THE
BRENTWOOD HOMES ANNEXATION(ZCA2008-00004) AND WITHDRAWING
PROPERTY FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY
ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN
ROADS MAINTENANCE DISTRICT
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
820:17 PM
5. RECEIVE BRIEFING ON GRAND OPENING OF THE WESTSIDE EXPRESS SERVICE (WES)
COMMUTER RAIL
Community Development Director Coffee introduced Lisa Olson,who recently was hired by the City to help
coordinate the activities of the opening of the westside commuter rail line. Ms.Olson's professional
background is in marketing,public relations,communications and promotions.
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UO:2.3 PM
Ms. Olson distributed a packet of promotional materials to the City Council. She reviewed a presentation about
the opening events;a copy of the PowerPoint presentation is on file in the City Recorder's office.
I-Iighlights included:
• Commuter Rail Line is named"WES," which stands for Westside Express Service.
• The final date for"WES Week" has not been set. The tentative date is the week of November 10.
• Route was reviewed with stations in Wilsonville,Tualatin,Tigard,Iiall/Nimbus,and Beaverton.
• Public safety is a high priority.
• This a commuter rail,so times will be limited to the a.m and p.m commuter hours: 5:30- 9:30 a.m.and
3:30- 8:00 p.m.. The train runs every 30 minutes each way.
• The train interiors were reviewed.
• Capacity is 74 seated and 95 standing.
• Free WiFi will be available on the train.
• Each train will have two bike racks and two wheel chair areas.
• The Tigard station will include park and ride spots for 100 vehicles.
• Each station will have a public art feature designed by Frank Boyden and Brad Rude. The art exhibit will
be creative and interactive and is scheduled to be installed in late August. An artist has been
commissioned to paint a mural on the back of the TnMet building currently used as a construction office.
The mural will celebrate what Tigard has to offer: natural green spaces,balloon festival,etc. This mural
is scheduled to be completed in October.
• Pre-Event and Event activities were reviewed.
• A review of how businesses are being helped to be ready for WES.
• A review of opportunities during WES Week and beyond.
8:49:;2 PM
6. COUNCIL LIAISON REPORTS
Councilor Buehner presented an Urban and Rural Reserves Task Force. The Task Force met yesterday and was
provided with the preliminary input from the public outreach program on the proposed urban reserve area,
which has been referred to as the"donut." As of this date,there have been 22 meetings with 340 attendees at
the Metro forums and more than 100 attendees at various outreach meetings. It is hoped that an equal amount
of people will attend the remaining meetings. The outreach program formally ends at the end of this week,but
there are a number of meetings that have been scheduled for the next two weeks.
Councilor Buehner said she has a printout of all the comments made by citizens and business owners who have
participated in the forums. She said she hoped the City Council members would have an opportunityto review
this before the next City Council business meeting because the Task Force will be asked to vote on the
boundaries at its meeting,September 8. Councilor Buchner said she will be asking for City Council input.
There was a presentation from Jim Johnson from the Department of Agriculture on the rural reserves. A lot of
the information was shared in previous presentations;however,it represented a"different twist" on how
farmland is reviewed. The two main factors are capability(whether the soil meets appropriate standards) and
suitability(even if a piece of land is available for farming,it might be suitable for a variety of reasons).
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Councilor Buehner said additional criteria has been added over the last two years including whether there are
new trends in agriculture relating to global food production;i.e.,sustainability,high cost of fuel. Metro is
working on an area asset list identifying farmland properties more appropriate over others.
Councilor Buehner suggested that if people are interested,theycan find information on the Metro website
under the heading"Shape of the Region."
8:54V PM
7. NON-AGENDA ITEMS
7.1 City Manager annual review.
Mayor Dirksen advised that as part of the annual City Manager's review,the City Council considered a
bonus as part of the City Manager's package for next year. A City Council motion is needed to approve
the bonus officially.
Motion by Councilor Sherwood to adopt the City Manager's bonus for fiscal year 08-09 for$12,000.
Councilor Wilson seconded the motion.
Councilor Woodruff clarified that the bonus would be in lieu of a salary increase.
Mayor Dien noted the last year was one of challenge and City Manager Craig Prosser stepped up and
did a great job. The City Council decided to recognize the CityManager's performance in a special one-
time bonus. Councilor Sherwood added that CityManager Prosser had a huge part in the fact that
Tigard now has its fust permanent water source;the Council wanted to recognize this accomplishment
as well.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
8:56:16 PM
Mayor Dirksen announced that the Oty Council would be convening into an Executive Session under the following
authority.
8. EXECUTIVE SESSION The Tigard CityCouncil will go into Executive Session under ORS 192.660(2) (e)
to discuss real property transaction negotiations.
Mayor Dirksen announced the City Council would be coming out of the Executive Session only for the
purpose of adjourning the meeting.
TIGARD CITY COUNCIL/LCRB/CCDA AGENDA— August 12, 2008
rc
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9. ADJOURNMENT: 9:49 p.m .
Catherine Wheatley,City Recorder
Attest:
Mayor, ty of Tigard
Date:
IAADM\Cathy\CCM\2008\080812 final.doc
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