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CCDA Minutes - 08/12/2008 I 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 CityManager. Executive Session concluded at 7 p.m. See Agenda Item No.7 for follow-up action bythe City Council. TIGARD CITY COUNCIL/LCRWCCDAAGENDA- August 12, 2008 Otyof Tigard 1 13125 SW Hall Blvd.,Tigard,OR97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 16 nc:k 3 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. Community Development 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 atyof Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of M ■ 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 information,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 Gtyof Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of 16 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 (ODOT). 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 Gryof Tigard 1 13125 SW Hall Blvd.,Tigard,OR97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 16 ■ 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 TIGARD CITY COUNCIL/LCRB/CCDAAGENDA- August 12, 2008 Gtyof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-41711 www.tigard-or.gov I Page S of 16 $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 Qtyof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of M 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 Gtizen Communication: None 7:53:22 PM Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA ('Tigwd Gly Qwu4 Lord Cormi-actReuewBaznl& Gty Center Detel�Agemy� 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)CDA) 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 Cary of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of 16 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`'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 OOUNQL 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 Gty of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of 16 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 TIGARD CITY COUNCIL/LCRB/CODA AGENDA— August 12, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR97223 1 503639-4171 1 www.tigard-or.gov I Page 10 of M 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 TIGARD CITY COUNCIL/LCRB/CCDA AGENDA— August 12, 2008 Gryof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223' 1 503-639-4171 1 www.tigard-or.gov I Page 11 of 16 - — 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 property with 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. TIGARD CITY COUNCIL/LCRB/CCDAAGENDA— August 12, 2008 Gtyof Tigard 1 13125 SW Hall Blvd.,Tigard,OR97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 of M 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. TIGARD CITY COUNCIL/LCRB/CCDA AGENDA— August 12, 2008 Qtyof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 13 of 16 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). 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 14 of 16 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 C of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 15 of 16 9. ADJOURNMENT: 9:49 p.m . Catherine Wheatley,City Recorder Attest: Mayor, ty of Tigard Date: IAADM\Cathy\CCM\2008\080812 final.doc TIGARD CITY COUNCIL/LCRB/CCDA AGENDA— August 12, 2008 Cary of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 16 of 16