City Council Minutes - 05/14/2002 Agenda Item No.
Meeting of - m
COUNCIL MINUTt�,
TIGARD CITY COUNCIL MEETING
May 14, 2002
• STUDY SESSION
Mayor Griffith called the meeting to order at 6:31 p.m.
Council present: Mayor Griffith; Councilors Dirksen, Moore, Patton and Scheckla.
• STUDY SESSION
-- Fixed asset policy. Finance Director Prosser advised the revision to the policy
is a "housekeeping" matter. This item is on the Consent Agenda for Council
consideration.
-- Qwest franchise fee payment was received today. Finance Director Prosser
advised the amount was smaller than the usual amount received. He referred
to the fact that Qwest is one of the organizations that will be scheduled for an
audit.
-- Finance Director Prosser advised that the Municipal Court received (late this
afternoon) the signed order from Washington County authorizing the City of
Tigard Municipal Court to take over some juvenile cases. First of these cases
will likely be heard in late June.
-- City Manager Monahan advised that Randall Funding & Development has
agreed to continue to provide grant research and writing services at no cost to
the City for Fiscal Year 2002-03.
-- City Manager Monahan referred to the letters and ernails received regarding
concerns about the proposed Wall Street Local Improvement District (related
to the proposed new library). After brief discussion Council members agreed
that notices be sent to those who have contacted the City acknowledging
receipt of their correspondence.
-- Dedication of the Tupling Butterfly Garden will be on Sunday, June 16, at
Cook Park. Mayor Griffith plans to attend. Councilors Dirksen and Moore
indicated they also would try to attend.
COUNCIL MINUTES - May 14, 2002 page l
EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:39
p.m. to discuss Labor Negotiations, Real Property Transactions, and Current and
Pending Litigation under ORS 192.660(1) (d) (e) and (h).
Executive Session Concluded at 7:10 p.m.
1. BUSINESS MEETING
1.1 Mayor Griffith called the City Council 8z Local Contract Review Board
Meeting to order at 7:32 p.m.
1.2 Council Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and
Scheckla
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items
City Manager Monahan noted that the following item would be added to Item
No. 10, Non-Agenda: Item 10.1 — Consider Request from Tigard Recreation
Association
2. VISITOR'S AGENDA
Tigard High School Student Envoy Nathan Leamy distributed a written report of
recent and upcoming events at Tigard High School. A copy of this report is on
file in the City Recorder's office. Mr. Leamy introduced Paul Brems who will
serve as Tigard High School Student Envoy to the City Council next school year.
Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt
Resolution No. 02-30.
RESOLUTION NO. 02-30 - A RESOLUTION ACKNOWLEDGING AND
COMMENDING NATHAN LEAMY FOR HIS EFFORTS AS THE TIGARD
HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD
The resolution was adopted by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
COUNCIL MINUTES — May 14, 2002 page 2
> Mayor Griffith urged people to vote. Ballots are due May 21, 2002.
3. PROCLAMATIONS — Mayor Griffith proclaimed the following:
3.1 WEEK OF MAY 19-25, 2002, EMERGENCY MEDICAL SERVICES
WEEK A representative from Metro West Ambulance presented a plaque to
the City of Tigard Council recognizing the Council for its support of
emergency medical services personnel in the City of Tigard. Council also
received an invitation to the EMS Week Barbecue on Wednesday, May 22,
2002, in Hillsboro, Oregon.
3.2 PROCLAIM WEEK OF MAY 19-25, 2002, AS SAVE A LIFE WEEK
4. CONSENT AGENDA: Motion by Councilor Patton, seconded by Councilor Dirksen,
to adopt the Consent Agenda as follows:
4.1 Approve Council Minutes for March 19, 26, April 9, 16 and 23, 2002
4.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
4.3 Adopt a Revised Fixed Asset Policy — Resolution No. 02-31
4.4 Approve City Manager's Contract
4.5 Authorize the Mayor to Sign an Agreement Accepting $140,400 in
Community Development Block Grant Funds to Develop a New
Neighborhood Park on City Property Along Bonita Road
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
5. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION
(ZCA) 2002-00001 FERN STREET ANNEXATION
The applicant is requesting to annex two (2) parcels into the City of Tigard.
However, the City of Tigard finds it appropriate to consider annexing three (3)
additional parcels for a total of five (5) parcels consisting of 9.68 acres.
COUNCIL MINUTES — May 14, 2002 page 3
LOCATION: 13998, 14040, 14050, 14125 and 14445 SW Fern Street;
WCTM 2S10413C, Tax Lots 2400, 2200, 2100, 700 and 1000. ZONE: R-7:
Medium-Density Residential District. The 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 annexations are set out in Community Development Code Chapters
18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222;
and Metro Code Chapter 3.09.
a. Mayor Griffith opened the public hearing.
h_ Declarations or Challenges — Mayor Griffith asked the following questions:
Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits? None
reported.
Have all members familiarized themselves with the application? All
Council members indicated they were familiar with the applications.
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.
C. Staff Report: Community Development Director Hendryx introduced this
agenda item and Assistant Planner Matt Scheidegger presented the staff report.
A copy of the staff report is on file in the City Recorder's office.
d. Public Testimony:
Mayor Griffith read the following statement:
- For all those wishing to testify, please be aware that failure to raise an issue
accompanied by statements or evidence sufficient to afford the Council and
parties an opportunity to respond to the issue will preclude an appeal to the
Land Use Board of Appeals on this issue. Testimony and evidence must be
directed toward the criteria described by staff or other criteria in the plan or
land use regulation which you believe apply to the decision.
• Gretchen Buehner, 13249 SW 136 ' Place, Tigard, Oregon urged Council
to annex the entire area and avoid creating islands.
COUNCIL MINUTES — May 14, 2002 page 4
• Paul Hoffman, 13985 SW Fern Street, Tigard, Oregon requested
clarification on how an island is created and how notification is sent to
nearby property owners. Mr. Scheidegger advised that property owners
within 500 feet of the proposed area are notified; notification
requirements were met. Mr. Hendryx confirmed that an island was created
at the time the Pacific Crest area was annexed to the City. Mr. Hoffman
said he'd prefer to stay in the County because the County was more
flexible in regulations for development (i.e., citing Tigard's ordinances
regulating trees).
• John Lewis, 13990 SW Fern Street, Tigard, Oregon also questioned
notification process and said he'd prefer to stay in the County as well. Mr.
Lewis questioned whether a property owner (Mr. Noland) cited in the
proposed Option 2 had been notified of the hearing. Mr. Noland's .46-
acre parcel of property was identified as an island among the five other
parcels being considered for annexation. Staff confirmed that notification
requirements, Including mailings and posting of the property had been
done. Mr. Lewis advised he didn't think a mailing was adequate notice and
said he had not seen the posted notices on the property.
• Mr. Rich Degroot, 13058 SW Oxalis, Tigard, Oregon advised he saw the
a notice posted on the property, but that he thought it was only there for
about a day.
e. Staff recommended annexation (option 2) of six parcels, approximately 12.32
acres, through means of a double majority. (This includes the .46 acre
parcel_)
f. Councilor Patton said that the notices on properties advising of hearings should
be checked periodically. Mr. Scheidegger confirmed that more than one
notification to property owners occurs. Councilor Patton commented that
except for one property, the parcels under consideration for annexation were
not initiated by the City, but were being considered for annexation at the
property owners' request. The property owner that did not request
annexation was notified more than once about this hearing. Other comments
from Council members were in agreement with Councilor Patton.
g. Mayor Griffith closed the public hearing.
COUNCIL MINUTES — May 14, 2002 page 5
h_ Motion by Councilor Moore, seconded by Councilor Patton, to adopt
Ordinance No. 02-17.
ORDINANCE NO. 02-17 - AN ORDINANCE ADOPTING FINDINGS
AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2002-
00001/FERN STREET ANNEXATION AND WITHDRAWING PROPERTY
FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY
ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY
URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY
STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY
VECTOR CONTROL DISTRICT.
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
6. CONSIDER AWARDING ARCHITECTURAL CONCEPTUAL DESIGN SERVICES
FOR A SKATEBOARD PARK FACILITY TO PURKISS ROSE, RSI AND
AUTHORIZE EXPENDITURES FOR INITIAL COSTS OF THE SKATEBOARD
PARK TASK FORCE
Public Works Director Wegner introduced this agenda item and Parks Manager Dan
Plaza presented the staff report, which is on file in the City Recorder's office. Mr.
Plaza reported on the numerous subcommittee meetings that have occurred. He
recounted that Task Force representatives met with the Council on January 15,
2002, during a workshop meeting. At this workshop meeting, the Council indicated
it would support up to $20,000 in seed money for architectural design services and
to cover some of the initial costs of the Task Force. Mr. Plaza advised that Requests
for Proposals (RFPs) were issued and five responses were received. Staff
recommended that the conceptual design services contract be awarded to Purkiss
Rose, RSI. There was discussion on the review of potential sites including a utility site,
a school site, and a park site. Mr. Plaza thanked the Council for its support of the
Task Force.
Motion by Councilor Moore, seconded by Councilor Dirksen, to award the contract
to Purkiss Rose, RSI, and to authorize the City Manager to sign the contract.
COUNCIL MINUTES — May 14, 2002 page 6
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
7. UPDATE ON LIBRARY'S ANNUAL SUMMER READING PROGRAM
Library Director Margaret Barnes presented the staff report, which is on file in the
City Recorder's office. The goal of the Summer Reading program is to have families
use the library and to encourage children to read for recreation during the summer.
The theme this year is "Don't Bug Me I'm Reading." The children's and teen
programs will begin on June 17 and continue to August 3.
8. FINANCE DEPARTMENT OVERVIEW
Finance Director presented a PowerPoint presentation to the Council, which is on file
in the City Recorder's office. Finance operations include: Administration, Financial
Operations, Utility Billing, Accounting 8i Financial Reporting, Administrative
Services, and Municipal Court.
9. COUNCIL LIAISON REPORTS: None
10. NON AGENDA ITEMS
10.1 Consider Request from Tigard Recreation Association
City Manager Monahan reviewed the staff report outlining the request of the
Tigard Recreation Association for waiver of a park fee for a children's concert
on August 20.
Motion by Council Moore, seconded by Councilor Patton to waive the $43
park fee as requested.
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
COUNCIL MINUTES — May 14, 2002 page 7
1 1. EXECUTIVE SESSION: Not held.
12. ADJOURNMENT: 8:50 p.m.
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