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City Council Minutes - 10/14/2003 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING October 14, 2003 • STUDY SESSION Council President Dirksen called the meeting to order at 6:30 p.m. Council Present: Council President Dirksen, Councilors Moore, Sherwood, and Wilson. ➢ City Attorney Review City Manager introduced this item noting that City Attorney Ramis' firm (Ramis, Crew, Corrigan and Bachrach) has represented the Council for more than 20 years. City Attorney Ramis noted his philosophy of prevention; that is, catch problems early so small issues do not become large ones. He noted appreciation of the Tigard staff members, who work with the firm to keep legal costs down by knowing when and how to use legal counsel. He said it was useful for staff to attempt a first draft on a matter before asking for an attorney's review. Mr. Ramis referred to the efforts he and his staff has made to keep legal expenses to a minimum. Discussion followed on the complexities pertaining to the remaining undeveloped properties within the City. These land use iterns will likely be contentious because these are "difficult" properties to develop and adjacent to developed areas. Mr. Ramis noted the firm would provide training to Council members upon request for legal-issue concerns. Councilor Sherwood advised she may be asking for some information regarding land use issues as it seems as if recent cases before the Council have been complicated. Council President Dirksen indicated that he, too, would appreciate some instruction for land use cases as well. Consensus of the Council was that the firm was doing a fine job for the City of Tigard. • ADMINISTRATIVE ITEMS - City Manager reported that the Mayor is doing well. It is anticipated he will be able to return for the Council meeting of October 28. - City Manager advised of an addition to the Consent agenda: "Item 4.8 — Approve Amendment to the Personal Services Contract with Ramis, Crew, Corrigan 8t Bachrach, LLP Tigard City Council Meeting Minutes - October 14, 2003 Page 1 City Manager reported that the burned white house on City property has been torn down by contractor Eagle Elsner. Council received information regarding Portland General Electric regarding a meeting on Wednesday, October 15 for a "Future of PGE Round Table." Review of status of removal of 1 14" Barricade (Bull Mountain) — City Attorney advised staff to reopen this matter and hold a public hearing. (Recorder's note: Since the Council meeting, the Planning Commission Hearing date was scheduled for November 17, 2003, 7 p.m.). City Manager distributed information for Make a Difference Day — Saturday, October 18, 9 a.m. — noon. City Manager reminded Council members of a TVF&R Lunch on November 20 at the Fire Station at Noon League of Oregon Cities Conference — November 13-16. Councilor Sherwood plans to attend. Councilor Dirksen may attend. City Manager noted that the Atfalati organization is sponsoring a fundraiser. After discussion, Council members agreed to contribute $20 each toward a local restaurant gift certificate. Councilor Moore will advise Dave Nicoli of Atfalati of the Council's planned participation in the fundraising campaign. City Manager reported that Councilor Moore, and City staff members met with Bruce Ellis and Dave Nicoli regarding the Balloon Festival. Mr. Nicoli has agreed to chair the Balloon Festival planning effort for this year and next. He will be investigating the components for planning and producing the Festival with the assistance of Mr. Ellis. Dates for the 2004 event are June 18, 19 and 20. It is anticipated that Mr. Ellis will take the lead with regard to the balloon activities while responsibility for logistics, finance, planning, etc., will be assigned to others. The City contributes $10,000, and provides the staging area in Cook Park along with assistance provided by the Public Works and Police Department. Mr. Monahan advised that the sponsorship agreement for the Festival will be reviewed. • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:16 p.m. to discuss current or potential litigation under ORS 192.660(1 h). Executive Session concluded at 7:28 p.m. 1. BUSINESS MEETING 1 .1 Council President Dirksen called the City Council & Local Contract Review Board meeting to order at 7:33 p.m. 1.2 Roll Call: Council President Dirksen; Councilors Moore, Sherwood, and Wilson. 1.3 Pledge of Allegiance 1 .4 Council Communications & Liaison Reports: None 1 .5 Call to Council and Staff for Non-Agenda Items: None Tigard City Council Meeting Minutes - October 14, 2003 Page 2 2. PROCLAMATIONS — Councilor Dirksen issued the following Proclamations 2.1 Proclaim October 2003 as National Arts and Humanities Month The arts and humanities enhance and enrich all our lives, and affect nearly every aspect of American life including our economy, social problem solving,job creation, education, creativity and community livability. With the concurrence of this City Council, the City of Tigard declares October 2003 as National Arts and Humanities Month. 2.2 Acknowledge Islamic Heritage Day was held on September 28, 2003 The City of Tigard supports the mission of the Muslim Educational Trust, an organization dedicated to improving public understanding of Islam and to dispelling the myths and stereotypes surrounding Islam. With the concurrence of this City Council, the City of Tigard acknowledges that Sunday, September 28, 2003 was designated as Islamic Heritage Day. 3. VISITOR'S AGENDA • Tigard High School Student Envoy Angela Jensen presented a report to the City Council. (A copy of an outline of her presentation is on file with the City Recorder). Homecoming activities were well attended and very successful. • Tigard Area Chamber of Commerce President Dan Murphy reviewed the upcoming activities sponsored by the Chamber of Commerce including the Trick or Treat event on Main Street on October 31, 3:30 — 5:30 p.m. Volunteers are needed to help guide people for safe street crossings. 4. CONSENT AGENDA: Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt the Consent Agenda as follows: 4.1 Approve Council Minutes for August 12, August 26, September 9, and 16, 2003 4.2 Receive and File: a. Council Meeting Calendar — October b. Tentative Agenda 4.3 Amend Resolution No. 02-72 Appointing the Downtown Task Force to Include Language Referring to a Tualatin Valley Fire and Rescue (TVFUR) Representative — Resolution No. 03 - 50 4.4 Appoint Kenneth Dawson of Tualatin Valley Fire and Rescue (TVF8zR) to the Downtown Task Force — Resolution No. 03 - 51 4.5 Appoint Barry Albertson as an Ex-Officio Member on the Park and Recreation District Advisory Board Representing the Tigard-Tualatin School District — Resolution No. 03 - 52 4.6 Appoint Janet Gillis to the Tree Board — Resolution No. 03 - 53 4.7 Dedicate Right of Way — SW Beveland Street — Resolution No. 03 - 54 4.8 Approve an Amendment to the Personal Services Contract with Ramis, Crew, Corrigan and Bachrach, LLP Tigard City Council Meeting Minutes - October 14, 2003 Page 3 The motion was approved by a unanimous vote of Council present: Council President Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 5. UPDATE ON THE NEW TIGARD LIBRARY Library Director Margaret Barnes presented the staff report on this item. She reviewed construction activity to date, fundraising efforts, and noted the project is on schedule and on budget. 6. PUBLIC HEARING (QUASI-JUDICIAL) — ZONE CHANGE ANNEXATION (ZCA) 2003-0002 - BOHAN/COOPER ANNEXATION REQUEST: The applicants are requesting to annex two (2) parcels of land containing 1 .9 acres into the City of Tigard. LOCATION: 14115 & 14120 SW Fern Street; WCTM 2S 104BC, Tax Lots 600 and 1900. 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. Open the Public Hearing Council President Dirksen opened the public hearing b. Declarations or Challenges The Council President 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 reported. Have all members familiarized themselves with the application? All members indicated that they were familiar with the application. Tigard City Council Meeting Minutes - October 14, 2003 Page 4 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. Community Development Director Hendryx presented the staff report. A copy of the PowerPoint slide presentation is on file with the City Recorder. The applicant requested the annexation of Tax Lot 600 to obtain city sewer service for an approved subdivision proposal (case file number SUB2003- 000 11 ). Owners of Tax Lot 1900 joined the application for annexation after they became aware of the request to annex Tax Lot 600. Both properties are currently developed with single-family residences. The proposed annexation meets applicable standards. d. Public Testimony Proponent: ■ Larry Hultquist, 14125 SW Fern Street, Tigard, OR 97223, testified in support of the annexation request. Mr. Hultquist will be developing nearby property and will need to access sewer. The Bohan property will be used by Mr. Hultquist to gain sewer service connection. e. Staff recommended that Council approved the requested annexation. f. Council President Dirksen closed the public hearing. g. Council Consideration: Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt Ordinance No. 03-09. ORDINANCE NO. 03-09 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2003- 00002 (COOPER/BOHAN ANNEXATION) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #l, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT, AND TRANSFERRING SANITARY SEWER SERVICE FROM CLEAN WATER SERVICES. The motion was approved by a unanimous vote of Council present: Tigard City Council Meeting Minutes - October 14, 2003 Page 5 Council President Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 7. CONSIDER PROPOSED AMENDMENTS TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO. 01- 46) City Engineer Gus Duenas reviewed this agenda item with the Council. The proposed resolution would provide additional incentives to the Neighborhood Sewer Reimbursement District Incentive Program in addition to the incentives outlined in City Council Resolution No. 01-46. Motion by Councilor Moore, seconded by Councilor Sherwood, to adopt Resolution No. 03-55. RESOLUTION NO. 03-55 — A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO. 0 1-46) The motion was approved by a unanimous vote of Council present: Council President Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 8. UPDATE ON THE TUALATIN RIVER BICYCLE AND PEDESTRIAN BRIDGE Parks Manager Dan Plaza reviewed this agenda item with the City Council. If the Federal budget is approved this week, then it is expected that the Oregon Department of Transportation will provide funding for this long-planned connection over the Tualatin River. Tigard, Tualatin and Durham will provide matching funds. It is anticipated the bridge will be constructed by the fall of 2005. Tigard City Council Meeting Minutes - October 14, 2003 Page 6 9. UPDATE ON BULL MOUNTAIN ANNEXATION PLAN Community Development Director Hendryx presented this agenda item to the City Council. This information was similar to the information presented at the October 7, 2003, joint meeting with the City Council and County Board of Commissioners. There was Council discussion on the misinformation that seems to be occurring in the community. It was stressed for the benefit of the public that questions may be addressed in a variety of formats: newspaper articles, Cityscape, coffee talks, community meetings, web site, telephone hot line, cable television, brochures, Community Connectors, lobby displays, and traveling displays and information presented to civic organizations. City Manager reiterated that this is a two-stage process: 1 ) The Annexation Plan is developed; and 2) Comprehensive planning and updating is performed. Councilor Dirksen said there seems to be a lot of "bad information" circulating around; he urged citizens to contact the City with their questions. 10. COUNCIL LIAISON REPORTS: None 11 . NON AGENDA ITEMS: None > STUDY SESSION CONTINUED: - Bull Mountain — review of meeting calendar Staff and Council reviewed the upcoming schedule for meetings regarding the potential Bull Mountain. The Coffee Talk contacts were reviewed and locations for these talks were identified on a map. There was discussion on ground rules for the Coffee Talks. Councilor Sherwood noted that if 20 people arrive at one of the Talks, then it should be made clear at the beginning of the meeting that individual one-on-one conversations would not be possible. Another ground rule to be stated at the beginning of the meetings was that the conversation should be orderly (no personal attacks). Council noted that they are aware that many of the people attending these meetings may not like the annexation proposal nor will they likely vote for the annexation; the Council will attend these meetings to answer questions. Council members agreed that they would try to meet at all locations where people have offered to host a Coffee Talk. Community Development Director, upon direction from the Council, will endeavor to have his Tigard City Council Meeting Minutes - October 14, 2003 Page 7 staff schedule the Coffee Talks on either a Wednesday or Thursday evening each week. Community Development Director reviewed the written materials prepared for the Coffee Talk sessions. Civic groups (such as Rotary, Chamber of Commerce, etc.) will be added to the meeting calendar for presentation of the annexation proposal. Community Development Director Hendryx will deliver the Council members' packets of infomiation to be used at the Coffee Talks on Monday, October- 20. 12. EXECUTIVE SESSION: Not held 13. ADJOURNMENT: 9: 18 p.m. Catherine Vieatley, City Recorder Attest: t Z14 AIA I ) I . . 1 A 7 or, rt t r Date: wlm ainy ^'TOU7N10'4.dm ■ Tigard City Council Meeting Minutes - October 141 2003 Page 8