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City Council Minutes - 01/12/2016 City of Tigard Tigard City Council/LCRB Meeting Minutes . . . January 12, 2016 STUDY SESSION A. At 6:30 p.m. Mayor Cook read the citation for an Executive Session to be held under ORS 192.660 (2) (e) property negotiations. The Executive Session ended at 6:45 p.m. B. Council Liaison Reports were given. C. Metro Councilor Dirksen updated council on SW Corridor decision deadlines,Metro's convention center hotel and a new online feature called Regional Snapshot which gives interesting facts about the region. He brought several handouts have been added to the packet for this meeting. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Cook called the Tigard City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook asked council and staff for any non-agenda items. City Manager Wine had two items to bring forward under Non Agenda items at the end of the meeting. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 1 of 19 B. Tigard High School Student Envoy—Student Body President Shaina Azbari gave an update on recent and upcoming Tigard High School activities. Over$1,200 was raised by students for the Susan G. Komen Foundation. Team Dom is selling t-shirts and bracelets to raise money for a mother in the community battling cancer. The National Honor Society is doing a coin drive for the Janus Youth Program for homeless youth in the Portland area.The winter choir concert was held. Tigard High students collected gifts to brighten the holiday season for a few needy families. Students wrote holiday cards for patients at Doernbecher Children's Hospital at lunchtime. A Poetry Slam is planned for January 21 and the community is welcome. C. Tigard Area Chamber of Commerce—CEO Debi Monahan reported that a multi-chamber speed networking event will be held on the first Thursday in February. The Bowl-o-Rama event is scheduled for March 5`h and she encouraged the city council to put together a team. The Shining Stars banquet will be on April 29 and the call for nominations will go out January 13. Nominating information is on the Chamber website. Opening day for the Tigard Farmers Market is April 24 and they are excited about adding some new children activities and a demo garden. The Holiday Tree Lighting event attracted the largest crowd ever. D. Citizen Communication—Summerfield Civic Association Liaison Robert Van Vlack, 15585 SW 109`h Avenue,Tigard,97224,brought a request before the council. When Summerfield was constructed in the 1970s a brick wall was put up along Durham Road. In 2001 the association took over maintenance of the wall. Over the years it has deteriorated and repairs need to be made. The right of way along Durham Road at Summerfield is maintained by the city and he requested that staff remove some underbrush so they can access the wall to make the necessary repairs. He has discussed with Public Works Director Rager. He read a letter from the Summerfield Civic Association which has been added to the packet for this meeting. 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)— A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: November 24, 2015 December 8, 2015 Local Contract Review Board: TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 19 C. CONSIDER IGA WITH WASHINGTON COUNTY FOR ROY ROGERS ROAD IMPROVEMENTS D. CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN THE TIGARD/ LAKE OSWEGO ENTERPRISE ZONE INTERGOVERNMENTAL AGREEMENT Councilor Woodard moved for approval of the Consent Agenda and Council President Snider seconded the motion. All voted in favor. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ 4. CONSIDER RESOLUTION APPOINTING CITY CENTER ADVISORY COMMISSION MEMBERS Redevelopment Project Manager Farrelly gave the staff report and read brief biographies of the members being appointed. Councilor Henderson thanked them for their service noting that there is a lot of work to be done in the downtown. Councilor Woodard congratulated CCAC Member Schlatter for being a new business owner on Main Street. He said her new food operation will be great for the city. Councilor Henderson moved for approval of Resolution No. 16-01 and Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 16-01 —A RESOLUTION APPOINTING CARINE ARENDES, GINA SCHLATTER,MARK SKORUPA,AND DAVID WALSH AS VOTING MEMBERS OF THE CITY CENTER ADVISORY COMMISSION,AND SARA VILLANUEVA AS A NON-VOTING ALTERNATE MEMBER Mayor Cook conducted a vote and announced that Resolution 16-01 passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 19 CCAC Members Gina Schlatter and Carine Arendes were present and received a city pin from Mayor Cook. 5. CONSIDER A RESOLUTION APPOINTING A PLANNING COMMISSION MEMBER Assistant Community Development Director McGuire gave the staff report. This appointment will fill the unexpired term of Planning Commission President Rogers, expiring in 2018. Proposed member Yi-Kang Hu is also a member of the Tigard Transportation Advisory Commission and has agreed to sit on both commissions. Council President Snider moved to approve Resolution No. 16-02 and the motion was seconded by Councilor Goodhouse. City Recorder Krager read the number and tide of the resolution. Resolution No. 16-02 A RESOLUTION APPOINTING YI-KANG HU AS A VOTING MEMBER OF THE TIGARD PLANNING COMMISSION TO FILL,FORMER COMMISSIONER ROGERS' UNEXPIRED TERM Mayor Cook conducted a vote. Resolution 16-02 passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ New Planning Commission Member Yi-Kang Hu was present and received a City of Tigard pin from Mayor Cook. 6. LEGISLATIVE PUBLIC HEARING—CONSIDERATION OF A PARK MAINTENANCE FEE a. Open Public Hearing - Mayor Cook opened the public hearing and announced that this is a legislative public hearing in which any person shall be given the opportunity to comment. b. Staff Report: Finance and Information Services Director LaFrance gave the staff report. Consultant Todd Chase was also present. Mr. LaFrance said before council was an ordinance to establish a parks maintenance fee and a resolution to amend the master fees and charges schedule. Council discussed this in four Budget Committee meetings and two council workshops. It was also a topic at two Parks and Recreation Board (DRAB) meetings. He said the proposal is closely linked with the Tigard's Strategic Plan Goal 4 which is to fund the vision while also maintaining core services and this proposal for a park maintenance fee does exactly that. It will allow the city to fund and expand park services by 20 percent. Parks relate not only TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 19 to walkability through Tigard's trails,but they provide places where people can interconnect, take part in healthy pursuits such as sporting activities,gardening and connecting with neighbors and community members. In addition, this park maintenance fee proposal will allow the city to take something currently funded by the General Fund and give it another funding source. This frees up some of the General Fund and through Budget Committee actions this spring, the city will be able to reinvest up to $1.7 million towards core services. As discussed in Budget Committee this does not mean maintaining the same number of staff to provide services to a growing city,but it means growing those services to meet the demands. Mr.LaFrance highlighted citizen outreach that included Cityscape articles, a city park brochure distributed months ago and a webpage dedicated to this subject. A whiteboard video has been accessible to give people a brief summary of this proposal. Citizen input was solicited through the webpage and those unable to attend tonight's meeting were invited to respond in writing. Six responses were received and they were given to council and are part of the record for this hearing. Social media was used to promote this hearing. A PowerPoint was shown and is included in the packet for this meeting. Mr. LaFrance described issues including the budget cuts in 2010 and 2012,population growth increases,and workforce decreases. The city's expenses continue to grow by 4 percent while general fund revenue only rises 3.5 percent. In addition, over the last 15 years park land grew by 66 percent but staffing to maintain the parks has only grown 12 percent. Deferred maintenance gets more expensive the longer it is deferred. SDCs finance capital assets but are not used for maintenance. Seven different level scenarios were described. Council direction from the workshop meetings was to fund only#1 (current level of service) and #2 (deferred maintenance).The fee will be paid by residential and non-residential customers. The annual average cost for the deferred maintenance scenario will be used to level the fee amount. There will be annual inflation factors and council was very interested in a program for low income fee assistance. Council was asked what the fee should be per equivalent dwelling unit per month. They indicated in the workshop meetings that funding park capital projects and recreation might be placed on a property tax levy measure so people could have a vote. C. Council questions of staff Mayor Cook noted that the city had a $17 million park bond which leveraged to $23 million. A percentage went to build capital items in some parks but there was no maintenance aspect added. He said citizens are asking why city did not think of this before. Finance and Information Services Director LaFrance said a general obligation capital bond cannot be used on operations and maintenance. There were specific restrictions. The bond that passed was the second attempt.The first bond measure was broader in scope but community feedback was to focus on purchasing land while it was cheaper during the recession. He said city staff was aware of the fact that the city would need to come up with TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 19 ways to fund maintenance of the land but they were unaware that the financial situation would be what it is today. Local government has not experienced an economic recovery. Councilor Goodhouse asked if the un-programmed$400,000 would go into the recently created rainy day fund. Mr. LaFrance said it goes to help keep the fund balance above the minimum requirement expenditures. There is still a structural inequity due to revenues rising slower than expenses but it does buy some time and is sustainable for at least six years. d. Public Testimony Doug Vorwaller, 13267 Woodshire Lane,Tigard, OR 97223,is concerned about this approach. He appreciated the creativity in looking at options but is seeing a lot of other things being addressed other than park maintenance. If park maintenance is being changed from$2.2 million to$2.3 this will not even touch the improvements that need to be made. We probably need$3-4 million as an annual budget to address the real concern.The utility fee is a good option. He suggested doing the utility fee at 100 percent and then phasing out the city budget line item over five years. City staff could review it at that time. If Tigard is going to be the most walkable city we need to connect some of the trails and that is a new improvement. There are city properties to make some connections but many are wetlands so remediation must be done at additional cost. Scott Winkels, 8366 SW Char Court,Tigard, OR 97224 said he is in favor of the park maintenance fee. His family,including two daughters and a dog,has been active users of the parks system. He complimented Finance and Information Services Director LaFrance for the clear presentation. There are a number of issues with the parks. There are some acquisitions and trails that are in desperate need of assistance. He said he believes the funding method that council has chosen is creative and given Oregon's basket case of a public finance system,is probably one of the few reliable options available. He said he would hate to see the investments that this community approved continue to deteriorate. He said he has spent a great deal of time in these parks and has seen fire fuels buildup, maintenance and public safety issues in the Fields and Dirksen properties. There are extensive homeless camps. He said a well-maintained and usable park and trail system will address a number of these issues. The funding mechanism proposed will create a necessary safety valve to keep the parks budget from having to compete with other vital city services. Lonnie Martinez, 10540 SW Walnut Street,Tigard, OR 97223, addressed having a fee rather than a vote and said he did not want to be forced to pay for something. He said in a democratic world people get a chance to say what they feel is best for them. He said he recently purchased a home here and thinks Tigard is beautiful. He is not opposed to parks but is against being forced to pay for something without a democratic process. He addressed walkability and said he walks from his home to take public transportation but just crossing the street is an issue. When he walks in Tigard he fears a little more for this life than he did when living in Portland. Michel Didin, 12625 SW Snow Bush Court,Tigard, OR 97223 said he was troubled by the shell game aspect of funding the parks system by taking funds from one budget and shoving TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 19 it back into others. His other concern is that he opposes something being done in his absence without his vote. He proposed that this matter be put to a vote so all Tigard citizens can express their opinion. James Caster, 7996 SW Ashford Street,Tigard, OR 97224, said when he and his wife retired they bought a home in Tigard and liked the neighborhood very much. Since his wife passed away it has been harder for him to pay the mortgage. Part of the reason is that utility costs have increased greatly. Water bills have doubled. Gas, electric,garbage,insurance and property taxes have all gone up. Like many senior citizens he is on a fixed income and Social Security benefits did not increase. He said in high school civics he learned that the main purpose of government is to provide basic, necessary services for the public,paid for by the citizens. But in the decades that have passed it seems like government's prime directive is to take more and more taxpayer money with no limits in sight and no accountability. Over the past several years the state government spent over$200 million on planning for a bridge that was never built and they wasted$300 million on a health insurance website that never worked. Locally,Tigard wasted nearly$1 million on two ugly,useless sculptures at each end of Main Street. Parks are neither a utility nor a necessity; they are optional extras.They are a luxury and if they are classified as a utility,as seen in the presentation tonight,the costs will keep increasing year by year. He wants to keep his home and requested no additional taxes. He said, "Let's not make Tigard like Portland." Gary Nelson, 15671 SW Summerfield Lane,Tigard OR, 97224, said he agreed with the mayor's comments on the acquisition of parkland without identifying how to pay for maintenance. He was on the Ashland Parks Commission as well as one in Billings,MT and also on the Regional Council of the National Parks and Recreation Association (NRPA) so he has a background in this area. In Ashland,whenever a new subdivision was built,initially they would give ten percent of the land to make a small park but found it to be inefficient. It was necessary to haul maintenance equipment to each little park. He sees that Tigard added 30 percent more parkland with virtually no identifiable way to maintain that park land. He said the cart is before the horse right now. He said that needs to be addressed. He asked if this money becomes available to the parks department will the parks manager have exclusive and total control over the funds. He asked if that manager will be able to identify where the money will be spent or would it become part of the political makeup of Tigard. Arthur Molinari, 13209 Woodshire Lane,Tigard, OR 97223, said he moved to Tigard in October but has lived in the area for a long time. He was surprised that his water bill was $100 more than he expected. He looked into it and found that compared to Tualatin Valley Water District (TVWD),Tigard has 221-110 percent higher meter costs up front and 290- 950 percent higher monthly meter costs. He asked why this is so high. He said his fundamental issue is that the city is considering adding on a fixed cost as opposed to making it a tax which can be written off. He added that it does not encourage conservation. Mayor Cook replied that the water fee difference between the two water providers in Tigard is that in the last eight years the city entered into a partnership with Lake Oswego to construct a$254 million water plant.Tigard's water rates helped to cover that cost. It is TIGARD CITY COUNCIL MEETING MINUTES -January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 19 projected that TVWDs rates will increase even more. Council President Snider added that Tigard's alternative was to keep buying water from Portland and that was even more expensive. Lee Coleman, 7170 SW Lola Lane,Tigard, OR 97223, said a park utility fee made about as much sense as adding a fee for road maintenance on his electric bill every month. He said the city could come back at any time and request more fees without much public input. This should go to the ballot so people can vote on it. Claudia Ciobanu, 14180 SW 89`h Avenue,Tigard, OR 97223, said she is a huge proponent of parks and has no problem with the park fee. She said there may be people who were not aware of this public hearing and expressed concern about giving people an opportunity to give input. She suggested a flyer in the water bill. She supported city leadership going forward with this fee to protect the large investment in parks. She said the city's vision is wonderful but she is worried that the sights are being set too short. She noted that council has given staff direction to focus on levels #1 and#2 but the people of Tigard have spoken loudly about their need and desire to have recreation in Tigard. The$10 monthly fee would not cover this. Paying for levels 1-7 would be more like$16 a month and while this could be a significant hit to some people testifying tonight, she would be happy to pay it and help subsidize others in order to achieve the dream of having a recreation program. She was not sure if council could go as high as $16 but suggested seeking input from those who would be affected by this and then examine options in between $10 and$16 by adding 50 cents or one dollar more to start funding a true recreation program in Tigard. e. Council Questions and Discussion Mayor Cook stated that while everyone refers to this as a water bill it does not mean everything on it is a utility. Two-thirds of Tigard receive their water from the city so there is a water charge. There is also a street maintenance fee and a Clean Water Services sewer district fee that is collected for the county. Everyone in Tigard is billed for sewer and the street maintenance fee but one-third of Tigard residents do not receive water from Tigard. The bill is the only mechanism to reach everyone. Mr. LaFrance noted that Section 15.2 in the proposed ordinance says as new parks are acquired or significant developments are made, that information will come to council so they know how this may impact the parks maintenance fee. The idea is not to let the funding source fall behind like it has today. He responded to comments about the higher utility bill and said it is the total cost of city services. Tigard citizens benefit from the lowest property tax rate for any city over 10,000 population in Washington County. When information is provided on the total cost of comparable city services including taxes, from a dollar standpoint Tigard is in the lower half but from the affordability standpoint Tigard is in the middle. The city puts a little more on the utility bill because it gets less from taxes and it all evens out. f. Mayor Cook closed the public hearing. TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 19 g. Council Deliberation: Councilor Henderson said he wanted sideboards on the fee so council does not end up doing something other than what they said they will do. He heard concerns about whether to mandate this or put it to a vote. Parks are a core value he understands the cost and while we need to invest in our community,it needs to be reasonable. Council President Snider said council consists of five elected officials and this does represent a democratic process. We make decisions and spend taxpayer money every week. He understands that people do not want to be forced to pay for things but Tigard has the lowest tax rate of any city in Washington County that is even close to its size. City expenses are increasing at rates higher than property tax funding mechanisms. He said it is frustrating to be an elected official in an organization where expenses go up faster than revenues can be increased. He does not love increasing costs for services but sometimes council has to make decisions and choices. He is a proponent of moving this off the utility bill and onto a property tax levy.The city has to provide services and cannot continue to manage as it has, with expenses rising by four percent and revenues only going up three and one-half percent. He said people need to be able to plan for increased costs and he supported a phase-in mechanism, even four or five years for the entire $2.7 amount,or placing it on the ballot. Councilor Goodhouse said he wants a phase-in period and a low-income program to help people who cannot afford the increase. He said in the future he would like to take some things off the utility bill and combine them on the property taxes so they can be written off. He said people in the community do not realize the city is bringing in half of the money Beaverton residents pay in taxes and has done a great job but it is not sustainable. He said when you let part of a community degrade it takes longer to bring it up to standard. Councilor Woodard said during the Budget Committee hearings his main concern was keeping the library open on Thursdays. But he is also concerned about the deferred maintenance and the $400,000 to maintain the fund balance. He said unless there is a designated spot for these funds it is hard to explain that to voters. He said he supports 37 percent with a phase-in. He was thinking$2.00 but that will not cover the $400,000. He said there has to be a public process to find out if citizens want to pay out the other 63 percent. He mentioned he would like to have a discussion at a future meeting on some ideas he has on creative and innovative ways to raise money. Mayor Cook said there is too much discussion on what park and what maintenance we are going to do. It is called a park utility fee but the question is what we need in our general fund to cover our general expenses. He said he was in favor of this coming from property taxes and would support a local option levy. He explained that a utility fee amount is the same for everyone. A $200,000 homeowner pays the same fee as a $2 million homeowner. But a property tax would increase with the value of the home and is a tax write-off. He said he was willing to support a 37 percent park maintenance fee but was not willing to ask for$10 because the unallocated money would build up to a large amount that is too large not to be considered by voters in a local option levy. If a levy passes the fee can be repealed. He added that he did not vote for opening the library on Thursdays because he did not want to TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 19 vote for something that is not funded. He said the Thursday opening is with a skeleton staff and the city is short$100,000 annually to pay for that. Councilor Snider said it was embarrassing that a city of Tigard's size did not have a seven- day a week library. He said council agreed to open the library and do something like this to fund it. Councilor Goodhouse said his concern was that this amount is a Band-Aid approach. If council will consider 37 percent,why not raise it slightly to 40 or 44? He said it was ridiculous to make this move that will leave the city in the same position in a year or so. Mayor Cook suggested$3.75 with a four-percent inflation factor. City Manager Wine said there are code sections that need to be revised and some scrivener's errors and council has asked for time to review the new documents. The hearing can be held over. Councilor Henderson said the document came from the pavement management program and as he compared the two he noticed some inconsistencies. It refers to capital improvements and a recreation program. Finance and Information Services Director LaFrance said this is the minimum recommendation and gets the city expanded park services,pays for the library, sets aside $400,000. What it does not get to is a continuance of Goal 4. There will not be additional reinvestment into the general fund. Council President Snider suggested the low income program follow the water concept for a 50 percent discount for 12 months. A person could apply once a year. Mayor Cook said the public hearing is closed and deliberation will scheduled for a future council meeting. 7. LEGISLATIVE PUBLIC HEARING—CONSIDER COMPREHENSIVE PLAN AMENDMENTS AND ZONING CHANGES TO PRESERVE MEDIUM DENSITY(R-12)RESIDENTIAL LAND a. Mayor Cook opened the public hearing and announced that it is a legislative public hearing in which any person shall be given the opportunity to comment. b. Staff Report: Associate Planner Pagenstecher gave the staff report. He said the city is initiating this Comprehensive Plan and Zoning Amendment to facilitate preservation of R- 12 zoned land and to make sure it is applied in a location that supports residential use. Staff supports the change in response to two development applications for two sites involving R- 12 zoning. The owners and representatives of owners are present tonight. In the pre- application meeting for Site A, the owner showed interest in rezoning from CP to R-12. The Toppings had earlier annexed the property and rezoned it to CP in order to establish a day care use in 2008 which they have not moved forward on. Site B is owned by the Tigard- TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 19 Tualatin School District and they applied for a rezone from R-12 to CG. It has been identified as surplus property by TTSD and they want to sell it to the highest bidder.The zone change and site development review on Site B has been withdrawn recently in favor of the city's proposed zone change. Staff was aware that both sites had development interest and saw an opportunity to organize a swap that will gain the city a slight net increase in R-12 zoning. This is important according to the city's Housing Goal, "to provide a variety of housing types to meet the diverse housing needs of current and future cityresidents." Preservation of R-12 zone lands is warranted because it allows a full range of housing types, with a minimum lot size of 33,350,provides flexibility for both attached and detached ownership and multi-family,rental-type housing which supports affordable housing options in the city. Attached single-family residential or detached single family housing on small lots are an important component of the city's strategy to provide for a range of housing types and a range of affordability. Associate Planner Pagenstecher said Site A is at Spruce and 72nd Avenue and fronts on a local residential street. It is bordered by R-4.5 and low-density housing,unincorporated Washington County to the north and CG and R 4.5 to the south.The adjacent lower class streets and lower density residential use make the property more suitable for medium residential use. It would form a transition between lower density and commercial zoned properties. Site A is located behind Fred Meyer. Site B fronts on Pacific Highway,classified as a primary arterial and is flanked by property zoned CG. Residential property adjacent to Pacific Highway is rare as it is primarily associated with private and public school ownership and use which is allowed conditionally in residential zones.Topographically constrained land between Canterbury Lane and Bull Mountain Road also has R-12 zoned land along Pacific Highway. This swap would result in a .17-acre net increase in R-12 zoned land. The Planning Commission voted 6-1 in favor, supporting the city's initiative to preserve R-12 capacity and to further owner and property developer interests in both Site A and B. The Metzger neighborhood is here also as they were present at the Planning Commission to alert council to their concerns:increased water runoff,increased traffic,inadequate parking, and loss of open space associated with future development. Mr. Pagenstecher concluded by saying these proposed amendments comply with applicable state planning goals, applicable regional planning regulations,Tigard Comprehensive Plan, and applicable provisions of the city's implementing ordinances. C. Council questions of staff: Councilor Woodard asked if there was a reason to choose a legislative hearing process rather than quasi-judicial. Associate Planner Pagenstecher said yes,given other deliberations in the city going on about the value of R-12 zoned land at the time the quasi-judicial proposal would be coming to the Planning Commission or Council; staff would most likely have not TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 19 supported it. This was because it would have created a loss of R-12 zoning. But if done legislatively with inclusion of this other property it could be supported because it would not create a net loss of R-12 zoning. There was also interest in getting the school property developed soon. Councilor Goodhouse asked why the city did not do a zoning swap with the Heritage Crossing property. Council President Snider said they did not offer a swap and the sum of the density would have been lower. Associate Planner Pagenstecher said swap opportunities are rare. d. Public Testimony Richard and Katie Topping 19765 Derby Street,West Linn, OR 97068 Katie Topping gave their history with the property. They bought it in 2008 and their goal was to develop a preschool. They wanted to make an amazing preschool but she needed to first get her Master's degree. They both continued to be teachers and wanted to sell the property but the recession hit. Finally,last year they received an offer from someone who wanted to build storage units. They decided that was not quite the right fit. Later, someone wanted to build a trampoline warehouse. They spoke to Stafford Development and felt that the housing situation was a good compromise. They wanted to do a zone change that was beneficial and also get some return on their savings. Richard Topping said he understood that there may be some resistance from people in the neighborhood. The current tenants strive to keep kids off the property but there are a lot of dogs and drug use going on the property and it is a constant battle to keep it maintained. He said developing it into nice houses would be a benefit to the community. Levi Levasa, Stafford Development Company, 485 South State Street,Lake Oswego,OR 97034, said they approached the Toppings last year after noticing the property was prime residential area yet is was zoned commercial. It is surrounded by residential and there is currently residential use on the property. They expressed support for the zone swap and hoped council find the Planning Commission's decision and staff report to be accurate. Monet Ragsdale, 1521 Oxbow Drive,Montrose, CO, spoke in support of the zone change, especially on the property owned by the school district. That property is surrounded by commercial property and commercial uses and the zone change would allow private development to come in, creating jobs and adding to the tax base. Will Ramusen,Miller Nash Graham Dunn, 111 SW Fifth Avenue, Portland, OR 97204, spoke on behalf of the Tigard-Tualatin School District, the owner of Site B. This application is a win-win-win. It will help the property owner. It helps the city's housing supply situation and it helps the school district fix a problem that they have had for a long, long time. The district has held this property since the 1940s at least. In 2005 it was officially designated as surplus property. It is zoned residential but on Pacific Highway so they have received little interest from buyers since listing it in 2006. Only a few inquiries were received, all interested in commercial. They have spoken with the city a few times about changing the zoning but the cost of a quasi-judicial rezone that reduces the inventory TIGARD CITY COUNCIL MEETING MINUTES -January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 19 of housing,in light of regional and state policies,led the district to say no. He said this is an appropriate and creative approach and appreciates staff's leadership and the city for thinking outside the box to solve multiple problems. He noted some comments have come from people liking the sites and wanting them to remain open space. He said he hoped the city does not develop a policy that maintains open space through miss-zoned properties. Noreen Gibbons, 10730 SW 72nd Avenue,Tigard, OR 97223, said she lives directly across from Site A. She referred to the previous speaker and said this would actually be win-win- lose for her neighborhood. She said when she purchased her property there were three houses across the street. When the Toppings bought the site and wanted to put in a preschool she was supportive of that use. That would have been fine with her and the quality of the neighborhood. But having 18-20 two-story houses built on the site will have negative effects on the character of the neighborhood. She said she had spoken to council before about traffic issues and there have been motorcycle officers in her driveway recently ticketing people for running the stop sign. She asked what the traffic will be like when there are six driveways across the street. She asked why the zoning had to be R-12 and suggested it be lower density. Gay Wakeland signed up to speak but left the meeting earlier. Ivan Vanek, 7290 SW Pine Street,Tigard, OR 97223 said he bought his home in 1995 with the understanding that the adjacent property would be developed with low density. He said that putting in two-story houses will be an eyesore and he does not agree with the plan. Jim Long, 10730 SW 72nd Avenue,Tigard, OR, 97223, distributed copies of his testimony and this has been added to the record. He said he is the chair of CP04M, serving east Tigard,Metzger and Durham and will be speaking as chair and as a private citizen. He said the CP04M unanimously voted to endorse retaining the Commercial General zoning for Site A. After reading the pre-application materials he found huge errors. If the city goes forward or approves this application he will appeal and the city will lose. He referred to Councilor Woodard's question about holding a legislative hearing and commented that holding this as a legislative public hearing process and not a quasi-judicial one minimizes public input and is highly irregular. According to Tigard Community Development Code 18.390.050, zoning map and text amendments should be quasi-judicial proceedings. He said the city is trying to change the statutes for review for the citizens to the detriment of citizen involvement and Goal 1 land use law. He said, "To put it another way, maybe you are not neutral." Mr. Long said citizens have not been involved in every phase of the planning process. All public notices and signs had the wrong date and time for this hearing. The public notices were not sent to all of the neighbors. The public notice of November 9 states that all documents are available for inspection and copies are available at least seven days prior to the hearing. On November 30 he came to review the documents and talked with Planners Floyd and Pagenstecher who told him there were no documents to review. (Code CDC 18.390.050.C.2.a) On December7 he tried the published number of 503-718-2432 and left two messages. No one responded. He had to drive to the city with his questions. The city TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov Page 13 of 19 put up flimsy signs at both sites that were unreadable by the first week of December. He showed photographs of the signs. Planning Commission Vice President Fitzgerald commented that maybe some sturdier signs could be put up which was not done. The public notice was not published on the city's website from December 3-December 6. Some neighbors just heard about this zone change and did not have time to prepare comments. At Site B there is a for sale sign listing"commercial"but the property is not commercial. CDC 193.90 there has been no readable effective public notice at either Site A or Site B since one week before the Planning Commission meeting last month. In the four weeks since and even though the Planning Commission was notified with photos and a commissioner suggested public notice signs be changed. This is a violation of due process and now,January 12,2016 there has been no public notice for over four weeks, This is a violation of due process 197.763 so this hearing has no effect. Because the other sign is four times larger and says commercial, the average citizen would probably think it was already zoned commercial. Mr. Long said the commercial sign at Site B is in violation of city code chapter 18.780.130.B, besides it is not zoned commercial. He said the file title"Residential Preservation"is a misnomer and is misleading to citizens. Preservation hides the nature of the application which is to change zoning. The file title should be understandable to citizens and residents. He asked why the city is doing this zone swap as the city does not have enough commercial property according to an Cogan Owens Cogan report. Do not take Site A out of commercial zoning. There is also a deficiency of R-12 residential zoning shown in the Angelo report. He said it was very important to note that there is no loss because school property was not included in that inventory of properties zoned residential. Yes,making Site B would place that property back on the tax rolls. He said he asked to see the 2006 staff report on annexation of the three properties (Site A) into the city but it was missing pages 3-11. The language in the 2006 annexation ordinance Justified the importance of Site A to be commercial. A comprehensive plan amendment is not a periodic review but periodic review has occurred and the zoning has remained the same. He listed reasons why Site B should remain residential due to its location adjacent to Charles F. Tigard Elementary. Students could walk safely to school and residents and visitors could easily hop on public transit along Pacific Highway. The city staff report incorrectly states the description of Site A saying the current zone does not allow residential use. There are currently two houses and there were three prior that have been lived in for decades. He said the citizens do not support residential use there,particularly R-12, three- story buildings. Since there is a deficit of commercial property the city should not take Site A out of commercial zoning. He suggested rezoning the excess R-7 property the city has, per the Angelo housing study. He asked why the city does not simply convert Site B from residential to commercial. He said it appears that the city concocted this zone swap forgetting earlier findings and evidence. The city had reasons for keeping in commercial professional during annexation and periodic reviews. He asked that the city deny the request for a comprehensive plan amendment and zone change. TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 14 of 19 (Heidi Rechteger and others gave their testimony time to Jim Long.) Leslie Gray, 10650 SW 75`"Avenue,Tigard, OR 97223, said they bought their home in 1999 and moved from Portland in search of space. Living on one acre in Metzger they love the livability of the area. She said having 19 houses spring up behind your house is a shock. She said she is not against affordable housing but it impacts livability in the neighborhood and the schools. She noted the impact higher density developments have had on Metzger Elementary.At almost 600 students they are at capacity at the moment.These 19 homes as well as the proposed homes on Spruce and on Ash Street in the wetlands will become a problem for families that want their children to go to local schools. If a teacher is over capacity, children may have to be bussed to another school. This will affect our families and the education of our students. Nathan Murdock. 7415 SW Spruce Street,Tigard, OR, said he lived in three different locations on the street for over 23 years. One reason he likes the street is that the houses have big lots. His property of one quarter- acre,gives an opportunity for kids to grow and be off of the streets. He has been involved in putting speed humps and stop signs put in. The new homes at the end of 74"'Avenue park on Spruce because there is not enough parking. It is the same problem at Tigard Woods. To build row houses or any other tight-fitting homes will only create more problems. He commented that ODOT said they have no problem and the development should not cause any problems but he has seen many traffic problems as the area becomes denser. When 99W backs up cars use Spruce,Pine and Oak Streets in their neighborhood. It would be nice to have a business on the property that is daytime only with cars that clear out at the end of the day or a guarantee that only 6-7 homes with quarter-acre lots would be built. Nancy Tracy, 7310 SW Pine Street,Tigard, OR 97223, said she supports the CPO's unanimous vote to maintain Site A as commercial,professional one-story zoning. She said she is very disturbed at what the city is doing. Changing a zone is not a frivolous thing. We are talking as if the zone has already been changed. She felt the city's action to effect a quick rezoning on Spruce Street and R-12 rezoning is just a little short of a hostile takeover. This 1.35 acre area annexed to Tigard in 2006 sits within the Metzger community but Metzger has been kept in the dark. There is so much traffic on Spruce Street that parents fear for their children's safety when boarding the school bus because there is so much commuter traffic. This land will never exist again to provide a park. South of Spruce Street Tigard has a lot of land that will be redeveloped for more intense housing. That will leave people without a space to call their own. A park would allow a lot of release. Children and adults need space to run, climb or jog. Once this area is buried under tons of concrete or asphalt,it will be gone forever. It is a miracle that it has survived to this point. It has more potential that just for putting a development on it. She said she hope more consideration will be give this because there is no lack of developable land. C. Council Questions and Discussion TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 15 of 19 Mayor Cook asked about the public notices that had the wrong date and time for this hearing. The hearing notice for this meeting listed the date as Tuesday,January 12,2015. He apologized for putting in the wrong year. Otherwise the notice was correct. Council President Snider asked about the other process issues.Associate Planner Pagenstecher responded that he cannot vouch for some of that but he knew that Mr. Long submitted a records request that was filled and all items asked for were delivered. He referred to testimony that holding a legislative public hearing rather than a quasi-judicial hearing abridged their rights in some way but the process is the same. They both get hearings at Planning Commission and Council. Mayor Cook asked about the records request missing pages and asked if all items were delivered. Associate Planner Pagenstecher said if it was missing he certainly could have asked. He had not heard previously from Mr. Long about that yet he made particular effort to reach Mr.Long and be available for any questions but he did not take advantage of that. Council President Snider asked about the 2432 telephone number. Mr. Pagenstecher read his copy of the public notice and said the telephone number is 2434 which is his number. The sturdiness of the public notice signs was questioned by Councilor Woodard. Associate Planner Pagenstecher said in this case the signs were a casualty of the weather. He said the material used and methods of posting have been in use at the city for ten years. He said to his knowledge this is the first time it has been cited as a problem. Councilor Goodhouse mentioned that the sign the city put up at the proposed Heritage Crossing site was also down and asked staff to look into that. Mayor Cook proposed that due to the time,items remaining on the agenda, and possible missed postings or records request pages, the public hearing be left open to a date certain,with the continuation re-noticed and weather-resistant signs at the site reported with this information. He asked council to ask staff any questions that they want answered at the continued public hearing. Council.President Snider suggested Assistant Community Development Director McGuire validate and address the process issues raised tonight. He said residents say they will appeal the legislative decision and he had questions for the city attorney on that. He asked staff if this property (Site A) has ever been considered for park property in any park master plan or rating process for park acquisition. Councilor Woodard asked if the new homes on 74th Avenue are R-12 or a lower density. He asked for a plotting or other visual information on what the different residential zoning areas mean and if lower density had been considered. He expressed concern that he hears there is not enough parking in the neighborhood. He said he supported the zoning change on Site B but has questions on the use of the quasi-judicial process for two properties. Councilor Henderson advised that the commercial property sign be taken down at Site A until it is zoned correctly. Mayor Cook agreed but said the city does not have an officer that drives around and checks signage unless there is a complaint. Council President Snider asked if real estate signs are controlled by the code and Associate Planner Pagenstecher replied that they do not have to go through the sign permit process. TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 16 of 19 Councilor Woodard verified that Metzger Elementary is the school in that neighborhood and that any development would impact the school. Mayor Cook said that is not the city's issue;it would be up to the school district to handle. City Manager Wine noted that council is looking at a potential business meeting combined with the CCDA meeting of February 2 and the next available meeting would be March 8. Mayor Cook asked staff what the noticing requirement is and Mr. Pagenstecher said a public hearing is continued to a date certain and no additional notice is required. Councilor Goodhouse said he and Councilor Woodard would be absent on March 8. Councilor Goodhouse mentioned he liked to keep the zoning the same as the surrounding neighborhood. Council President Snider pointed out that R-25,R-4.5, CG and CP surround Site A and asked which one he considered the neighborhood zone. Councilor Woodard moved to continue the public hearing to a date certain of February 2 and Council President Snider seconded the motion. Mayor Cook reiterated that the record would be kept open. He conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ 8. CONSIDER AMENDMENT TO CITY MANAGER EMPLOYMENT CONTRACT Human Resources Director Bennett gave the staff report for this item. She said following their annual evaluation of the city manager,council recommended an employment contract amendment. Councilor Henderson moved for approval of Contract Amendment No. 6 to the city manager's employment contract. Councilor Goodhouse seconded the motion and Mayor Cook conducted a vote. The motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 17 of 19 9. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF A CONTRACT AWARD TO MURRAY, SMITH AND ASSOCIATES FOR HUNZIKER PROJECT Public Contracts Manager Barrett,City Engineer Faha, Economic Development Manager Purdy and Engineer Newbury were present for any questions on this item. Public Contracts Manager Barrett said this was discussed at the December 15 council workshop meeting and there is not much new information that was not covered then. More refined numbers were received for Phases 2 and 3 but those phases would receive further refinement and would come back for council consideration. This contract is for engineering services for Phase 1 of the Hunziker infrastructure project. Since the city was going to contract separately with Murray, Smith and Associates for the Red Rock Creek water line project staff proposes rolling that into this contract in order to alleviate administrative costs. LCRB Member Snider moved for approval of the contract with Murray, Smith and Associates for the Hunziker project and LCRB Member Goodhouse seconded the motion. Chair Cook conducted a vote and announced that the motion passed unanimously. Yes No LCRB Chair Cook ✓ LCRB Member Goodhouse ✓ LCRB Member Henderson ✓ LCRB Member Snider ✓ LCRB Member Woodard ✓ 10. DISCUSS PROPOSED FY 2017 CITY COUNCIL BUDGET Due to the time council agreed to discuss this at the next business meeting.Assistant City Manager Newton handed out to council a copy of their budget with recent changes circled including adding money for a reception and including$10,000 for TYAC support. A copy has been added to the packet for this meeting. 11. EXECUTIVE SESSION. None scheduled. 12. NON-AGENDA ITEM—City Manager Wine said there will be a council outreach event at the Summerfield Clubhouse on January 28, 2016. She reminded council to wear their name badges. She noted that following the Community Attitude Survey staff also contracted with the vendor to put two focus groups together. Topics are what the barriers are for walking in Tigard and citizen willingness to pay for services and how they want to pay for them. Council may observe the focus groups Tuesday,January 19 at 5:30 and 7:30 p.m. in the Public Works Building. Council's Thursday packet will have all the details. TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tiprd-or.gov I Page 18 of 19 13. ADJOURNMENT At 10:31 p.m. Council President Snider moved for adjournment. Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ � e Carol A. Krager,City Reco er Attest: John ok, Ma or Date TIGARD CITY COUNCIL MEETING MINUTES —January 12, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 19 of 19