City Council Minutes - 07/23/2002 Agenda Item No. 4-. ,,;"
Meeting of 6 f/
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
July 23, 2002
Mayor Griffith called the meeting to order at 6:32 p.m.
Council Present: Mayor Griffith; Councilors Moore, Patton and Scheckla
• STUDY SESSION
> PRELIMINARY RESULTS OF BULL MOUNTAIN ANNEXATION SURVEY
DISCUSSION
Community Development Director Hendryx reviewed this item with the City
Council. The consultant has completed 305 surveys regarding the question of
support for annexation of some of the Bull Mountain area to the City of
Tigard. Approximately one-half of the people surveyed lived in the City and
one-half on Bull Mountain. Results are now being tabulated with a more
comprehensive report delivered to the Council at its August 20 meeting.
Initial observations included that Tigard residents are more supportive (fairness
issue: using and paying for services received) of annexation that are the Bull
Mountain residents who were surveyed. Bull Mountain residents indicated a
satisfaction with services received from Washington County and only a few
people cited a deficiency in parkland as a concern. Mr. Hendryx advised that
an educational component is needed for residents to understand the
annexation process and services offered by the County and those offered by
the City. Also, the County wants to get out of the business of offering urban
services.
When the Council reviews the results of the survey on August 20, County
Administrator Charles Cameron will be present to participate. Board Chair
Tom Brian may also attend on the 20'.
Other issues impacted by the Council decision whether to pursue annexation
include parks system development charges (now not being collected for
unincorporated area of Bull Mountain), whether to continue with individual
annexations, the City/County urban services agreement, and the urban growth
boundary potential expansion.
COUNCIL MEETING MINUTES — July 23, 2002 page 1
> CITY AFFORDABLE HOUSING PROGRAM DISCUSSION
Community Development Director Hendryx reviewed the key points with
regard to the Tigard Affordable Housing Program for land use strategies and
non-land use strategies implemented. A copy of the chart reviewed by Mr.
Hendryx is on file in the City Recorder's office.
The Council had received a copy of the draft Affordable Housing Program
report in its Council packet and a copy is on file in the City Recorder's office.
Mr. Hendryx reviewed the next steps that were outlined in the report, which
included:
Adopt standards for request for funds from the newly
established set-aside to offset fees and charges on affordable
housing development.
Complete and submit Metro-required 2003 and 2004
affordable housing progress reports.
Continue to provide support of the donation or reduced
price sale of tax foreclosed and surplus properties to non-
profit affordable housing providers.
• Provide yearly updates to Council on the affordable housing
program.
> NEW LIBRARY FINANCING OPTIONS UPDATE
Finance Director Prosser reviewed with the City Council the financing options
for constructing the new Tigard Library.
The Oregon Economic and Community Development Department (OECDD)
contacted the City and offered to provide financing for this project through the
Oregon Bond Bank. Mr. Prosser reviewed with the Council the pros and cons
(list is on file in the City Recorder's office) for City-issued GO honds vs.
OECDD loan. After discussion, Council members supported the staff
recommendation of proceeding with a loan from OECDD with certain
conditions, primarily that the City receive all funds at the time of the bond sale
and that the OECDD reporting requirements are simplified.
Mr. Prosser also advised Council that it has been called to his attention that HB
2014, passed in the last regular legislative session, has established a regulation
that price cannot be used as a criterion in competitive bidding for awarding
bids to architects, land surveyors, and engineers. Mr. Prosser advised that an
addendum to a recent request for bids for arch itect/engineer, contract
manager services was issued to note that price was removed from the bid-
award selection criteria.
COUNCIL MEETING MINUTES — July 23, 2002 page 2
Staff has targeted the August 27, 2002, City Council meeting as the date for
the Council public hearing and final decision on this matter.
> ADMINISTRATIVE ITEMS
• City Manager Monahan noted there is a problem with notification
regarding two properties that will be affected by the public hearing
scheduled as Agenda Item No. 7 for certain MUR 1 or 2 properties. Staff
is recommending that the hearing be opened tonight and Council may want
to hear the staff report and public testimony and then set the hearing over
to August 27, 2002. This would give the staff an opportunity to renotice
the affected two property owners.
• City Recorder Wheatley reminded Council members that they have been
asked to participate in the Tigard Blast Parade. Mayor Griffith will be the
Grand Marshal. Councilor Scheckla advised he could probably participate
as well.
• City Recorder Wheatley advised that Mayor Griffith had assembled enough
signatures on nominating petitions so that he has now been qualified as a
candidate for Mayor on the November 5, 2002, ballot. Two prospective
Council candidates are circulating nominating petitions; they are Mark
Mahon and Sydney Sherwood.
• Mayor Griffith reminded Council of the American Cancer Society Walk
this coming weekend. The City of Tigard has two teams participating this
year.
• Finance Director Prosser noted that Mr. Jones, a 69' Avenue Local
Improvement District participant, has paid his assessment in full.
1. BUSINESS MEETING
1.1 Mayor Griffith called the City Council & Local Contract Review Board to
order at 7:33 p.m.
1.2 Council Present: Mayor Griffith; Councilors Moore, Patton and Scheckla
1.3 Pledge of Allegiance
1.4 Council Communications 8z Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
2. VISITOR'S AGENDA
COUNCIL MEETING MINUTES — July 23, 2002 page 3
• Paula Walker, 9365 SW Millen Drive, Tigard, Oregon, on behalf of the Dog Park
Task Force thanked the City Council and staff for their progressive attitude, which
helped the Potso Dog Park become a reality. There was a grand opening for the
park last Saturday. She said this is an achievement that the City can be proud of.
Mayor Griffith also noted the current planning effort for a dog park to be located
within Summerlake Park.
3. CONSENT AGENDA: Motion by Patton, seconded by Councilor Scheckla, to
approve the Consent Agenda as follows:
3.1 Receive and File: Updated Progress Report — Quarter 2 — Council Goals
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
4. ACKNOWLEDGE COMPLETION OF THE NEW TIGARD LIBRARY
CONSTRUCTION COMMITTEE'S MISSION AND COMMEND THE
COMMITTEE MEMBERS FOR A JOB WELL DONE
Library Director Margaret Barnes presented the staff report. The proposed resolution
acknowledges the good work completed by the Committee and, now that its mission
is complete, the termination of the Committee is appropriate at this point.
Mayor Griffith read Che proposed resolution.
Motion by Councilor Patton, seconded by Councilor Moore, to adopt Resolution 02-
46.
RESOLUTION NO. 02-46 — A RESOLUTION TO ACKNOWLEDGE THE
COMPLETION OF THE NEW TIGARD LIBRARY CONSTRUCTION
COMMITTEE'S MISSION, TO COMMEND COMMITTEE MEMBERS FOR A JOB
WELL DONE AND TO TERMINATE THE COMMITTEE.
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Moore - Yes
Councilor Patton - Yes
COUNCIL MEETING MINUTES — July 23, 2002 page 4
Councilor Scheckla - Yes
Mayor Griffith presented an official, signed copy of the resolution to the Committee
members present: George Burgess, Sue Carver, David Chapman, Brian Douglas, Kathy
Sleeger, and Lonn Hoklin.
Councilor Patton said she was pleased and proud to have been a part of the group.
She noted the wonderful contributions from Library Director Barnes, the staff, and the
volunteers. She thanked them all for their efforts.
5. FORM THE NEW LIBRARY RESOURCE TEAM AND APPOINT MEMBERS TO
PROVIDE CITIZEN PERSPECTIVE DURING THE DESIGN AND
CONSTRUCTION PHASES OF THE NEW TIGARD LIBRARY
Library Director Barnes presented the staff report. Councilor Patton noted that with
the ending of the New Library Construction Committee, an ad hoc committee
seemed appropriate to represent citizens' interests in the building project. The
proposed resolution would form the New Library Resource Team, which will consist
of interested members of the former New Tigard Library Construction Committee.
Ms. Barnes advised that the resolution should be amended to add Sue Carver's name
to the New Library Resource team.
City Manager Monahan added that the Resource Team would be utilized to call upon
its individual members for their expertise at particular times during the construction
process.
Motion by Councilor Patton, seconded by Councilor Moore, to adopt Resolution No.
02-47, amended to add the name of Sue Carver to the Resource Team.
RESOLUTION NO. 02-47 — A RESOLUTION TO FORM THE NEW LIBRARY
RESOURCE TEAM AND APPOINT MEMBERS TO PROVIDE CITIZEN
PERSPECTIVE DURING THE DESIGN AND CONSTRUCTION OF THE NEW
TIGARD LIBRARY
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
COUNCIL MEETING MINUTES — July 23, 2002 page 5
6. UPDATE ON THE LIBRARY SERVICES TECHNOLOGY ACT GRANT:
"HISPANIC YOUTH INITIATIVE"
Library Director Barnes presented the staff report. The purpose of this $16,000,
one-year grant is to reach Hispanic young adults in the Tigard area and work with
them to improve library service to Tigard's entire population. She noted the activity
to date as a result of the grant.
7. PUBLIC HEARING (QUASI-]UDICIAL) — CONSIDER AN ORDINANCE TO
EXEMPT PROPERTIES THAT ARE ZONED MUR 1 OR 2 THAT WERE ZONED
COMMERCIAL PRIOR TO MARCH 28, 2002, FROM MEETING CERTAIN
REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE
REQUEST: The request is to modify the existing Development Code language to
exempt properties that were zoned commercial prior to March 28, 2002 from being
required to meet minimum residential density requirements prior to being permitted
to have a commercial use on the property. There are 10 parcels (5.25 acres) within
the City of Tigard's portion of the Regional Center that this exemption will apply to
and are impacted by this amendment. Approximately 1.63 acres were identified as
vacant or re-developable in determining target capacity numbers for the Regional
Center, therefore, the number of units that would be lost if no residential use were
constructed on these lots is approximately 42 units (if minimum densities were
constructed). LOCATION: The Washington Square Regional Center area is
bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall
Boulevard on the east, Red Tail Golf Course to the north, and Highway 217,
including the Ash Creek area on the southern border. The MUR 1 and 2 zones are
located within the Regional Center, generally west of Hall Blvd and east of Ash Creek.
ZONE: Mixed Use Residential (MUR) 18Z2. APPLICABLE REVIEW
CRITERIA: Community Development Code Sections 18.380.020, 18.390.060;
Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning
Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7.
a. Mayor Griffith read the above description and opened the public hearing.
b. Mayor Griffith asked the following questions regarding declarations or
challenges
- 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
indicated "yes."
COUNCIL MEETING MINUTES — July 23, 2002 page 6
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. Associate Planner Hajduk presented the staff report. She identified on a map
two properties that had not been shown as "affected properties." For this
reason, staff recommended Council hear the staff report, take testimony from
anyone present to testify at tonight's hearing, and then continue the hearing to
the August 27, 2002, City Council meeting.
d. Public Testimony: Mayor Griffith read the following:
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 that you believe apply to
the decision.
Proponent:
• Mr. Bill Adams, 7889 SW Birdshill Court, Portland, OR 97223, testified
in support of the proposed ordinance. He thanked staff for keeping him
informed about this proposal.
Motion by Councilor Moore, seconded by Councilor Patton, to continue the hearing
to August 27, 2002. The motion was approved by a unanimous vote of Council
present:
Mayor Griffith - Yes
Councilor Moore - Yes
Councilor Patton - Yes
Councilor Scheckla - Yes
8. PREVIEW TIGARD BLAST
Community Development Director Hendryx introduced this agenda item. He
introduced Mr. Tyler Ellenson, President of the Tigard Central Business District
Association, who noted the activities of this event scheduled August 9-11 on Main
Street. The event is designed to foster a sense of community and family spirit and to
COUNCIL MEETING MINUTES — July 23, 2002 page 7
showcase the downtown. He noted that Mayor Griffith will be the Grand Marshal of
the Saturday parade.
9. LOCAL CONTRACT REVIEW BOARD (LCRB) PUBLIC HEARING — CONSIDER
APPROVAL OF FINDINGS FOR AN EXEMPTION FROM THE COMPETITIVE
BIDDING REQUIREMENT TO QUALIFY THE CONSTRUCTION OF THE NEW
TIGARD LIBRARY AS A CONSTRUCTION MANAGER/GENERAL
CONTRACTOR (CM/GC) CONTRACT
a. LCRB Chair Griffith opened the public hearing.
b. City Engineer Duenas presented the staff report, which is on file in the City
Recorder's office. Mr. Duenas also reviewed the findings that were
incorporated in the proposed resolution. Mr. Duenas outlined several key
elements of a construction manager/general contractor contract.
C. There was no public testimony.
d. LCRB Chair Griffith closed the public hearing.
e. Motion by Board Member Moore, seconded by Board Member Patton, to
adopt LCRB Resolution No. 02-01.
LOCAL CONTRACT REVIEW BOARD RESOLUTION NO. 02-02 -- A
RESOLUTION TO APPROVE FINDINGS FOR AN EXEMPTION FROM
THE COMPETITIVE BIDDING REQUIREMENT IN ACCORDANCE WITH
CITY OF TIGARD LOCAL CONTRACT REVIEW BOARD
ADMINISTRATIVE RULE 35.010 TO QUALIFY THE CONSTRUCTION
OF THE NEW TIGARD LIBRARY AS A CONSTRUCTION MANAGER/
GENERAL CONTRACTOR CONTRACT.
The motion was approved by a unanimous vote of the Local Contract Review
Board members present:
Board Chair Griffith - Yes
Board Member Moore - Yes
Board Member Patton - Yes
Board Member Scheckla - Yes
10. COUNCIL LIAISON REPORTS: None
COUNCIL MEETING MINUTES — July 23, 2002 page 8
1 l. NON AGENDA ITEMS: None
12. EXECUTIVE SESSION: Not held.
13. ADJOURNMENT: 8:19 p.m.
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atherine Wheatley, City Recorder F�
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COUNCIL MEETING MINUTES — July 23, 2002 page 9