City Council Minutes - 05/28/2002 Agenda Item No. -_ I
Meeting of
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
May 28, 2002
• STUDY SESSION
Mayor Griffith called the meeting to order at 6:33 p.m.
Council Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla.
> Administrative Items Reviewed:
Latest update on the results of the Library Bond Measure (May 21, 2002 election)
was reviewed briefly. The bond measure passed 60% "yes", 40% "no" with 52% of
the registered voters in Tigard casting a ballot (as of 9:30 a.m., 5/28/02). Certified
results are expected by June 10, 2002.
City Manager Monahan reported the New Library Construction Committee would
be meeting soon. Next steps include the "due diligence" process including an
environmental assessment of the property. At this time, it looks as if the earliest that
the City will take possession of the property will be in September 2002. An
architect will need to be selected for the next phase. There is a proposal before the
City Council to modify the purchasing rules to allow the City to utilize a "design-
build" concept if staff determines that this would be the best route to follow. Also
to come before the Council in the near future will be consideration of issuance of
bonds.
Council and staff briefly discussed the separate environmental studies needed for the
road and the building site. There was reference to the site master plan open house
held earlier this year and the need to keep the public and interested parties updated
and it was suggested that this be done through periodic open house meetings.
It is possible that grant and foundation opportunities will also be available.
City Manager noted that there would be many "Council-driven" decisions to be
made that will be brought forward by staff.
♦ City Manager Monahan noted that both unions — TPOA and OPEU — have asked to
negotiate on health benefits.
COUNCIL MEETING MINUTES — May 28, 2002 page 1
♦ Council received a revised ordinance for the proposed right of way vacation (Agenda
Item No. 5). Council also received a memorandum from Assistant Planner Matthew
Scheidegger that described the revision to the ordinance.
♦ City Manager Monahan noted that the June 11 meeting would include the proposed
budget for next fiscal year. Also tentatively scheduled for the June 1 1 agenda is a
request from Washington County that Tigard conduct a public hearing and the
Council take action to accept an increase for assessments in the Metzger Park Local
Improvement District (LID) because some of the LID-boundary residents are also
Tigard residents. Staff is working with the County to determine if this should remain
a LID or if this should be considered a special taxing district. The County has sent
meeting notices to residents advising of the County Board of Commissioners hearing
on June 25, 2002. The request is for Tigard to hold its hearing on June 11;
however, City staff is working with County staff to determine process given the short
timeline.
♦ WCCLS Levy information will be distributed to the City Council (as described in the
Council newsletter dated May 24, 2002).
Study Session recessed at 6:56 p.m.
Study Session reconvened: 6:59p.m.
♦ Councilor Patton advised she would be moving to the City of Beaverton in August.
City Manager Monahan reviewed Tigard City Charter (Section 7) provisions with
regard to filling of vacancies. Councilor Patton's term expires December 31, 2002
and Council may appoint a person to fill a vacancy until an election can be held. On
June 11, Legal Counsel will report to Council what its options are regarding this
upcoming Council vacancy.
♦ Councilor Dirksen asked if he could receive a layout of the design of Bonita Park.
City Manager Monahan indicated this information would be sent to all City Council
members. Councilor Dirksen was hoping the park might provide a soccer play area
for neighborhood children, but the park is too small for this type of use.
♦ The Schaffer Lane access to Durham School will no longer be available within the
next couple of years. Council and staff discussed possible access sites for the school.
♦ Council and staff discussed potential skateboard park sites including the current
public works site or a temporary location adjacent to the public works area (tearing
down a city-owned house and using the current dog park area).
COUNCIL MEETING MINUTES — May 28, 2002 page 2
♦ Council discussed land use processes for smaller cities as compared to larger cities
and the perception that smaller cities have fewer regulations to consider.
Study Session recessed at 7:15 p.m.
(No Executive Session was held)
1. BUSINESS MEETING
1.1 Mayor Griffith called the meeting to order at 7:30 p.m.
1.2 Roll Call: 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: None
2. VISITOR'S AGENDA
♦ Mark Mahon, 11310 SW 91" Court, Tigard OR thanked a number of people for
their efforts resulting in the passage of the library bond measure presented to the
voters on May 21, 2002. A copy of Mr. Mahon's remarks is on file in the City
Recorder's office.
3. CONSENT AGENDA: Motion by Councilor Patton, seconded by Councilor Dirksen
to approve the Consent Agenda as follows:
3.1 Approve Council Minutes: May 6 and 14, 2002
3.2 Dedicate the Kristine Ann Tupling Butterfly Garden at Cook Park — Resolution
No. 02-32
3.3 Amend the Washington County Cooperative Library Service Public Library
Agreement
3.4 Amend the Washington County Inter-Library Information Network Agreement
3.5 Local Contract Review Board: Award Contract for the Construction of Bonita
Road Sanitary Sewer Improvements
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 MEETING MINUTES — May 28, 2002 page 3
4. PUBLIC HEARING (LEGISLATIVE) — PLANNED DEVELOPMENT DENSITY
BONUS LIMITATION AMENDMENT (ZOA 2002-00001)
The Tigard City Council considered a request to amend the Planned Development
requirements within the Tigard Development Code to limit the ability to grant
density bonuses for areas constrained by sensitive lands (steep slopes greater than
25%, wetlands, drainageways, or 100-year floodplain). The amendment request is
based on the present ability to seek density bonuses for preserving trees or open
space in these constrained and otherwise undeveloped areas. LOCATION:
Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning
Goals 1, 2, 5 and 10; and Community Development Code Chapters 18.350,
18.380, 18.390 and 18.790.
a. Mayor Griffith opened the public hearing.
b. Planning Manager Dick Bewersdorff introduced the agenda item and Assistant
Planner Morgan Tracy presented the staff report. A copy of the staff report is
on file in the City Recorder's office.
Staff confirmed that density transfers (i.e., Washington Square plan) would not
be affected. The proposed ordinance only affects the density bonus in planned
developments.
C. Public Testimony: None
d. Staff recommendation was that the Council adopt the proposed ordinance and
uphold Planning Commission's recommendation for approval.
e. Council Discussion: Councilor Patton commented that she liked what the
Planning Commission proposed with regard to redefining under what
conditions a bonus could be granted.
f. Mayor Griffith closed the public hearing.
g. Consideration by Council: Motion by Councilor Dirksen, seconded by
Councilor Patton to adopt Ordinance No. 02-18.
ORDINANCE NO. 02-18 - AN ORDINANCE AMENDING THE
LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE
CHAPTER 18.350 SECTION 100(B)(2) AND CHAPTER 18.790
SECTION 040(A)(1) TO RESTRICT DENSITY BONUS INCENTIVES FOR
PRESERVING TREES OR OPEN SPACE IN FLOODPLAINS, STEEP
SLOPES, DRAINAGEWAYS, AND WETLANDS THROUGHOUT THE
CITY OF TIGARD.
The motion was approved by a unanimous vote of Council present:
COUNCIL MEETING MINUTES — May 28, 2002 page 4
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
5. PUBLIC HEARING (QUASI-)UDICIAL) — 68TH PARKWAY AT ATLANTA
PUBLIC RIGHT OF WAY VACATION (VAC2002-00001)
The Tigard City Council will consider a proposed vacation involving a portion of
public right-of-way on the corner of SW 68t' Parkway at SW Atlanta Street and
consolidate into tax lot 1 S 136DD, 00900. The purpose of the request is to allow
the adjoining property to the west to develop according to the Tigard Triangle
development standards. According to the development standards of the Tigard
Triangle, a building must be located within 10 feet of a public right-of-way. The
configuration of the existing right-of-way creates a buffer between the property and
SW 68' Parkway, which would not allow the adjoining property to meet the
setback criteria without a variance. A public storm line lies within the northeast
corner of the public right-of-way to be vacated. A public storm water easement
will be granted to the City of Tigard concurrently with the right-of-way vacation,
that will encompass approximately 7.5 feet on each side of the existing stormpipe.
The location of the portion of the vacation request is the section of SW 68'
Parkway public right-of-way which lies southeast of SW Atlanta Street.
The request was flied with the City on February 15, 2002 and initiated by the City
Council at the request of the applicant on March 26, 2002. Any interested person
may appear and be heard for or against the proposed vacation of said 68'' Parkway at
Atlanta Street Public Right-of-Way Vacation. Any written objections or
remonstrances shall be filed with the City Recorder by 7:30 PM on May 28, 2002.
a. Mayor Griffith opened the public hearing.
b. Mayor Griffith read the following:
Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits? None
were reported.
Have all members familiarized themselves with the application? Council
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.
COUNCIL MEETING MINUTES — May 28, 2002 page 5
C. Assistant Planner Matt Scheidegger presented the staff report, which 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.
There was no public testimony.
e. Mayor Griffith closed the public hearing.
f. Council Consideration: Motion by Councilor Moore, seconded by Councilor
Dirksen to adopt Ordinance No. 02-19.
ORDINANCE NO. 02-19 - AN ORDINANCE CONCERNING THE
VACATION OF APPROXIMATELY 1,915 SQUARE FEET OF PUBLIC
RIGHT-OF-WAY ON SW 68TH PARKWAY, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON (VAC2002-00001)
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. PUBLIC HEARING (QUASI-JUDICIAL) — DARTMOUTH STREET AT 69TH
AVENUE PUBLIC RIGHT OF WAY VACATION (VAC2001-00003)
The Tigard City Council will consider a proposed vacation of public right-of-way
involving a 1,181.6 square foot portion of public right-of-way on SW Dartmouth
Street, west of SW 69t' Avenue. The purpose of the request is to allow the
adjoining property to the south to install a permanent monument sign in the vacated
right-of-way. The location of the area to be vacated is the portion of SW
Dartmouth Street public right-of-way from SW 69' Avenue to SW 70' Avenue.
COUNCIL MEETING MINUTES — May 28, 2002 page 6
The request was filed with the City on February 22, 2002 and initiated by the City
Council at the request of the applicant on April 9, 2002. Any interested person
may appear and be heard for or against the proposed vacation of said Dartmouth
Street at 69' Avenue Public Right-of-Way Vacation. Any written objections or
remonstrances shall be filed with the City Recorder by 7:30 PM on May 28, 2002.
a. Mayor Griffith opened the public hearing.
b. Mayor Griffith read the following:
- Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits? None
were reported.
Have all members familiarized themselves with the application? Council
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.
C. Assistant Planner Matt Scheidegger presented the staff report, which 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.
There was no public testimony.
e. Mayor Griffith closed the public hearing.
f. Council Consideration: Motion by Councilor Patton, seconded by Councilor
Dirksen, to adopt Ordinance No. 02-20.
ORDINANCE NO. 02-20 - AN ORDINANCE CONCERNING THE
VACATION OF APPROXIMATELY 1.181.6 SQUARE FEET OF PUBLIC
RIGHT-OF-WAY ON SW DARTMOUTH STREET, IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON (VAC2001-00003).
COUNCIL MEETING MINUTES — May 28, 2002 page 7
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. CONSIDER ORDINANCE AMENDING ORDINANCE NO. 96-09 EXHIBIT "A"
(PURCHASING RULES) TO ALLOW DESIGN/BUILD OR CONSTRUCTION
MANAGER/GENERAL CONTRACTOR (CM/GC) CONTRACTS
a. Finance Director Craig Prosser introduced this agenda item. Buyer Terry
Muralt presented the staff report, which is on file in the City Recorder's office.
Staff clarified for Mayor Griffith that the provisions of the ordinance would be
applicable for any City project, not just the new library.
Finance Director noted there was a typographical error in section 35.020 (3).
The word "by" in the second line should be changed to read "but."
b. Council Consideration: Motion by Councilor Moore, seconded by Councilor
Patton, to adopt Ordinance NO. 02-21.
ORDINANCE NO. 02-21 - AN ORDINANCE AMENDING ORDINANCE
96.09 EXHIBIT "A" (PURCHASING RULES) TO ALLOW
DESIGN/BUILD OR CONSTRUCTION MANAGER/GENERAL
CONTRACTOR (CM/GC) CONTRACTS
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
8. CONSIDER ORDINANCE UPDATING TITLE 15.04, STREETS AND ALLEY
EXCAVATIONS, OF THE TIGARD MUNICIPAL CODE
a. Project Engineer Greg Berry presented the staff report, which is on file in the
City Recorder's office. The proposed amendments to the ordinance would
result in the following revisions:
COUNCIL MEETING MINUTES — May 28, 2002 page 8
(1) Responsibility for administering the chapter would be reassigned from
the Public Works Director to the City Engineer to reflect the current
administrative structure of the City.
(2) To ensure that adequate fees and security have been provided, permits
would be issued on an annual basis only if the work is subject to a
franchise agreement.
(3) The maximum permitted widths of driveways have been increased. The
maximum driveway width for a commercial driveway would be
increased from thirty feet to forty feet to better accommodate trucks
with trailers. The maximum width of residential driveways would be
increased from twenty-six feet to thirty feet for houses with three or
more garages.
(4) The penalty for violation of the chapter has been revised so that it is
consistent with other chapters of the Code.
In response to a question from Mayor Griffith, Mr. Berry explained under what
circumstances a 40-foot driveway would be permitted. Mr. Berry clarified that
fees are charged for permits issued under this section of the Municipal Code.
A new sliding-scale fee schedule is being prepared by staff. Some minor work
may be exempted from a fee.
b. Council Consideration: Motion by Councilor Moore, seconded by Councilor
Patton, to adopt Ordinance No. 02-22.
ORDINANCE NO. 02-22 - AN ORDINANCE AMENDING CHAPTER
15.04, STREET AND ALLEY EXCAVATIONS, OF THE TIGARD
MUNICIPAL CODE
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
9. COUNCIL LIAISON REPORTS: None
10. NON AGENDA ITEMS: None
11. EXECUTIVE SESSION: Not held.
COUNCIL MEETING MINUTES — May 28, 2002 page 9
12. ADJOURNMENT: 8:14 p.m.
r—Aheritie Wheatley, Cit ecorder
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