City Council Minutes - 10/28/2003 Agenda Item No. 3,
Council Meeting of
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
October 28, 2003
• STUDY SESSION
Meeting was called to order at 6:32 p.m.
Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and
Wilson.
> NEW TIGARD LIBRARY PROJECT UPDATE
Library Director Margaret Barnes reviewed the recent events and
accomplishments related to the new Tigard Public Library. The new library
project remains on schedule and within budget. As a result of being within the
budget the project now has the opportunity to add some additional features to
the new library. These features include: enhancements to the Community
Meeting Room, the development of the Coffee Bar and additional furnishings
for public spaces. To fully implement these enhancements, project financial
resources will now need to be allocated to targeted areas.
Hall Street Boulevard work is expected to be completed in November.
Council will tour the construction site on Saturday, November 22, at 9 a.m.
• EXECUTIVE SESSION: Not held.
• ADMINISTRATIVE ITEMS:
o TVFazR Lunch rescheduled to December 3 at noon.
o Bull Mountain — meeting calendar reviewed. First Coffee Talk will
take this place on Thursday, October 30.
o The Land Use Board of Appeal oral argument in the Media Art case
has been rescheduled to November 20, 6 p.m. at Lewis and CIark
Law School
Tigard City Council Meeting Minutes — October 28, 2003 Page l
o Revised Resolutions for Consent Agenda Items 3.3 and 3.4. These agenda
items both contain resolutions for the Council's consideration. The effective
date of the resolution was not specified in the draft resolutions. The revised
resolutions note that each resolution is effective immediately upon passage.
This is the only change to the resolutions.
o Consent Agenda Item No. 3.6 -- A copy of an e-mail message from
Councilor Wilson was distributed to Council wherein he advised that he will
not be voting on this item due to a potential conflict of interest. This item
was removed for separate consideration on the Consent Agenda so that
Councilor Wilson was able to vote on the remaining Consent Agenda items.
o Agenda Item 7 — Ash Creek Estates Planned Development Final Order —
City Attorney Gary Firestone advised Council on options regarding public
input on the final order. Accepting new testimony is not required unless the
Council believes new information is presented in the materials staff has
provided with regard to the adoption of the Final Order.
I . BUSINESS MEETING
1.1 Mayor Griffith called the meeting to order at 7:31 p.m.
1 .2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson.
1 .3 Pledge of Allegiance
1.4 Council Communications 8t Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
2. VISITOR'S AGENDA
o Mr. John Frewing, 7110 SW Lola Lane, Tigard, Oregon, requested the Ash
Creek Estates Hearing (reference Agenda Item No. 7) be reopened to allow
him to provide clarification and respond to testimony and new evidence
provided by other parties at the August 12 and September 9 hearings before
the Council. Mr. Frewing cited his reasons for the request for a continuance.
City Attorney Firestone responded to Mr. Frewing's request just prior to the
Council consideration of Agenda Item No. 7 noting that the Council could
proceed with consideration of the proposed resolution unless the Council
believed new evidence had been presented. Mr. Frewing's reference to his
request for a continuance in his August 29, 2003, communication did not
apply as the state statute Mr. Frewing referenced applied to the first evidentiary
hearings, which was at the Planning Commission.
o Mr. Dan Murphy, 14070 SW Hall Boulevard, Tigard, Oregon presented the
Council with a "star plaque" noting appreciation by the Broadway Rose Theatre
Company for the City's support of the Theatre's 12th season.
Tigard City Council Meeting Minutes - October 28, 2003 Page 2
3. CONSENT AGENDA: Motion by Councilor Moore, seconded by Councilor
Sherwood to adopt the Consent Agenda, except for Agenda Item No. 3.6, which
was considered separately:
3.1 Approve Council Minutes for September 23, and October 7 and 14, 2003
3.2 Receive and File
a. Council Goal Update -- Quarter 3 — 2003
3.3 Approve the Submittal of an Application for a.Land and Water Conservation
Fund Grant to Provide Partial Funding of the Cook Park/Durham Segment of
the Tualatin River Pedestrian Trail — Resolution No. 03-56
3.4 Initiate Vacation Proceedings for a Portion of Public Right-of-Way Known as
SW 74th Avenue (VAC2003-00001) — Resolution No. 03-57
3.5 Approve the Washington County Cooperative Library Services Public Library
Services Agreement
3.6 Considered separately — see below.
3.7 Local Contract Review Board:
a. Award the Contract for Engineering Services for the Next Phase of the
Aquifer Storage and Recovery System Expansion to Groundwater
Solutions, Inc. and Murray Smith and Associates, Inc.
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
Councilor Dirksen advised of a potential conflict of interest with Item No. 3.6 as
his landscaping firm submitted a proposal to Montgomery Watson Harza to furnish
services in conjunction with the preparation of the environmental impact statement
for this project. Subsequently Montgomery Watson Harza was selected as the
consultant for that work and Councilor Wilson expected his firm would soon enter
into contract negotiations. Councilor Wilson Ieft the Council desk during the vote
and did not participate in the vote on Item 3.6
Motion by Councilor Moore, seconded by Councilor Dirksen, to approved Consent
Agenda Item 3.6:
3.6 Approve an Amendment to the joint Funding Agreement for Integrated
Water Resource Management Water Supply Feasibility Study
The motion was approved by a unanimous vote of the Council members who
voted:
Tigard City Council Meeting Minutes - October 28, 2003 Page 3
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Did not vote.
4. PRESENTATION ON THE NEW PROVIDENCE NEWBERG MEDICAL CENTER
AND HOSPITAL
Mr. Art Lutz introduced this agenda item and representatives of the new
Providence Newberg Medial Center. Mr. Mark May gave a presentation on the
medical center and hospital. The $58 million regional medical facility will offer
enhanced outpatient and inpatient services. A community forum will be held at the
Tigard Water building on Monday, November 3, 7-8 p.m. to share information
about this new facility.
5. (LOCAL CONTRACT REVIEW BOARD ITEM [LCRB])CONSIDER
APPROVING CHANGE ORDERS TO THE HALL BOULEVARD
IMPROVEMENT PROJECT
a. City Engineer Duenas presented this item; a copy of the staff report is on file
with the City Recorder.
b. After discussion clarifying the type of work that was done for the fish
culvert, motion by LCRB Member Sherwood, seconded by LCRB Member
Wilson, to approve the change orders to the contract with Eagle Elsner for
the Hall Boulevard improvement project and authorize additional changes up
to 10% of the original contract amount without further action.
The motion was approved by a unanimous vote of LCRB members present:
Board Chair Griffith - Yes
LCRB Board Member Dirksen - Yes
LCRB Board Member Moore - Yes
LCRB Board Member Sherwood - Yes
LCRB Board Member Wilson - Yes
6. UPDATE ON YOUTH COURT
Municipal Judge Michael O'Brien, Court Manager Nadine Robinson, and
Washington County Juvenile Department Representative Mike Krueger presented
Tigard City Council Meeting Minutes - October 28, 2003 Page 4
an update to the City Council. The Youth Court program for first offenders was
developed in response to a 1999 statute authorizing municipal courts to assume
jurisdiction over certain categories of juvenile offenses. The current program was
reviewed and approved by Council and the Washington County Circuit Court in
2002. The program has been continuaIIy refined in cooperation with the Tigard
Police Department, Tigard Peer Court, the Washington County Juvenile
Department and the Washington County District Attorney.
There was no objection by the Council regarding the following recommendation by
presenters: "The large majority (92%) of participants, with the active involvement
of one or more parents, has successfully completed the Youth Court program.
Recidivism and noncompliance rates have remained very low. At current levels, the
Youth Court's caseload has not imposed any significant burdens on court staff or
budgets. We therefore recommend that the Youth Court program continue, subject
to further evaluation as part of the Municipal Court's annual review of operations
next spring."
7. CONSIDER FINAL ORDER REGARDING THE ASH CREEK ESTATES
PLANNED DEVELOPMENT (SUB2003-00010/PDR2003-0004/ZON2003-
0003/SLR2003-00005/VAR2003-00036/VAR2003-00037)
ITEM ON APPEAL: On July 7th, 2003, the Tigard Planning Commission held a
public hearing to consider an application to Subdivide 9.36 acres for a 29-lot
single-family detached housing Planned Development Subdivision; Sensitive Lands
Review for areas with steep (>25%) slopes, a drainage way and wetlands and;
adjustments to the cul-de-sac length standard, maximum number of units
permitted on a cul-de-sac, and to the street grade on SW 74th Avenue. The
Planning Commission moved to deny the applications which failed in a 4-4 tie
vote, then moved to approve the applications, which also failed in a 4-4 tie vote.
Based on the Commission's by-laws and Robert's Rules of Order, without a
majority affirmative vote, the application is denied. Since no motion was
approved, no findings in support or against the application were adopted. The
City Council is therefore, essentially rehearing this application to make a final
determination as to whether or not it meets the relevant criteria of the
Development Code. LOCATION: 9750 SW 74th Avenue; WCTM 1 S125DC,
Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters
18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715,
18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810.
a. Associate Planner Morgan Tracy presented the staff report, which is on file
with the City Recorder.
Tigard City Council Meeting Minutes - October 28, 2003 Page 5
b. City Attorney Firestone responded to Mr. Frewing's request just prior to the
Council consideration of Agenda Item No. 7 noting that the Council could
proceed with consideration of the proposed resolution unless the Council
believed new evidence had been presented. Mr. Frewing's reference to his
request for a continuance in his August 29, 2003, communication did not
apply as the state statute Mr. Frewing referenced applied to the first
evidentiary hearings, which was at the Planning Commission.
C. Motion by Councilor Dirksen, seconded by Councilor Sherwood, to approve
Resolution No. 03-58. During discussion on the motion, Council members
indicated they did not believe the proposed findings contained new
information.
RESOLUTION NO. 03-58 — A RESOLUTION AND FINAL ORDER
APPROVING THE ASH CREEK ESTATES SUBDIVISION (SUBDIVISION
(SUB) 2003-00010/PLANNED DEVELOPMENT REVIEW (PDR) 2003-
00004/ZONE CHANGE (ZON) 2003-00003/SENSITIVE LANDS
REVIEW (SLR) 2003-00005/ADJUSTMENT (VAR) 2003-
00036/ADJUSTMENT (VAR) 2003-00037), ADOPTING FINDINGS
AND IMPOSING CONDITIONS.
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
8. CONSIDER AMENDING RESOLUTIONS NOS. 03-25 AND 02-28 TO
INCREASE CERTAIN FEES FOR ENGINEERING AND LAND USE PLANNING
Budget and Finance Analyst Michelle Wareing presented the staff report on staff's
recommendation that the Council adopt the proposed resolution to amend the
Master Fees and Charges Schedule and update certain fees. Letters to the
Homebuilder's Association were sent; no response was received.
Motion by Councilor Moore, seconded by Councilor Dirksen, to adopt Resolution
No. 03-59:
RESOLUTION NO. 03-59 - A RESOLUTION AMENDING RESOLUTIONS NO.
03-25 AND NO. 02-38 BY AMENDING EXHIBIT A THERETO AND
INCREASING CERTAIN FEES FOR ENGINEERING, LAND USE PLANNING,
Tigard City Council Meeting Minutes - October 28, 2003 Page 6
AND MODIFYING THE INDEX PERIOD USED FOR THE ANNUAL
ADJUSTMENT OF THE LAND USE PLANNING FEES
The motion was approved by a unanimous vote of Council present:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood_ Yes
Councilor Wilson Yes
9. COUNCIL LIAISON REPORTS: None
10. NON AGENDA ITEMS: None
11 . EXECUTIVE SESSION: Not held.
12. ADJOURNMENT: 8:47 p.m.
i
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Attest-
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