City Council Minutes - 08/23/2005 Agenda Item No. I
For Agenda of ci 1`1 05
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
AUGUST 23, 2005
Mayor Dirksen called the meeting to order at 6:30 p.m.
Council Present: Mayor Dirksen; Councilors Harding, Sherwood, Wilson, and
Woodruff.
• STUDY SESSION
> REVIEW THE SCOPE OF SERVICES FOR THE CITY ATTORNEY
Finance staff reviewed this agenda item. After review, City Council
consensus was for staff to proceed with the scope of services and
finalize the Request for Proposals (RFP). Staff will return to the City
Council on October 25 with ranked responses to the RFP for Council
review and to schedule any presentations with the leading firms at the
Council's discretion.
> Interim City Manager Prosser announced that the City has been
dropped from the lawsuit filed by the Sung Koo Kim family.
> MEASURE 37 TRAINING
City Attorney Ramis conducted training on Measure 37, and
reviewed: history, basic provisions, Tigard's ordinance, hearing
process, and recent developments.
> ADMINISTRATIVE ITEMS
o Procedural Review for Quasi Judicial Hearings — City Attorney
Ramis reviewed process for the City Council for the following
agenda items:
Agenda Item No. 8 — Consideration of Final Order — Tigard First
Baptist Church
Agenda Item No. 9 — Consideration of Final Orders —Annexation of
Four Properties. Request was received for a continuance. City
Attorney Ramis recommended City grant continuance request (See
Agenda Item No. 9)
o It was noted that Executive Sessions were scheduled before and
after the Business Meeting.
o It was noted that after call for Non- Agenda Items (Item No. 1) —
Mayor will announce Family Week Activities and introduce Jennifer
Ries.
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o Information was distributed outlining training offered by
communication expert Sharon Ellison.
• Council Calendar:
August
30 Tuesday 5th Tuesday Council Meeting --7-9 p.m. --Tigard
Water Auditorium
September
5 Monday Labor Day Holiday -- City Hall Closed
11 Sunday City's Birthday—44th
10-18 Sun-Sun Family Week Celebration
13* Tuesday Council Business Meeting — 6:30 pm, Town
Hall
20* Tuesday Council Workshop Meeting — 6:30 pm, Town
Hall
22 Thursday Citizen Leadership Series — 9 Sessions,
Thursday evenings
27* Tuesday Council Business Meeting - 6:30 pm, Town
Hall
30 Friday Council Strategic Planning Retreat — Noon,
10305 SW 87th Avenue, Tigard, Oregon
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session
at 7:06 p.m. to consult with counsel about current or potential litigation under
ORS 192.660(2)(h).
Executive Session concluded at 7:23 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council and Local Contract Review
Board meeting to order at 7:31 p.m.
1.2 Council Present: Mayor Dirksen; Councilors Harding, Sherwood,
Wilson, and Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
> Mayor announced Family Week activities and introduced Jennifer Ries, the
child who wrote to him to suggest a celebration of families.
2. PROCLAMATIONS
Mayor Dirksen issued following proclamations:
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2.1 Proclaim September, 2005 as National Alcohol and Drug Addiction
Recovery Month
2.2 Proclaim September 16, 2005 as Stepfamily Day
3. CITIZEN COMMUNICATION
0 Eight citizens signed in to speak (sign in sheet is on file in the City
Recorder's office) about protection and retention of the Gage
property for greenspace in the Bond Park neighborhood. At the
request of Mayor Dirksen, those who signed in selected Ken Dobson
as their spokesperson on this matter. Mr. Dobson spoke of the lack
of neighborhood pocket parks and that the Gage property, under
consideration for development, would be a great loss to the area.
Council noted the City is aware of the need for more parks. In fact,
on tonight's agenda, there is a resolution to be considered by the
Council that will adopt guidelines to use in the evaluation of the
location and acquisition of park and greenway properties. More than
$2 million has been allocated in this year's capital improvement
program for parks and greenspace acquisition.
0 Ron Ellis Gaut spoke of his frustration about the time it has taken for
the City to discontinue its efforts to pursue the rail crossing (see
Agenda Item No-. 4.3). He objected to the staff time and dollars
spent on this matter when the outcome was predictable. Councilor
Wilson told Mr. Ellis Gaut that the City was obligated to pursue the
matter in a due diligent manner to meet contractual obligations
associated with the purchase of land for the new library.
0 George and Betty Burke advised that an issue regarding their
property has been addressed. They noted their concerns and felt
they had been harassed by one individual. They reported Judge
O'Brien was very helpful as they went about addressing the clean up
of their property. City Council members thanked Mr. and Mrs. Burke
for attending and noted they were glad to hear their side of this
situation.
9 Connie Raemaekers and Elizabeth Peloquin addressed the Council
with their support of the Tigard Skate Park, noting its importance in
providing positive activities for youth. They appealed to the
community for support. Tigard Youth Advisory Council (YAC)
President Rob Williams offered the help of the YAC.
N Alice Ellis Gaut spoke about the Gage property and said there had
been attempts by the property owners to work out a property
COUNCIL MINUTES—AUGUST 23, 2005 page 3
transaction to retain this property as greenspace. This property is
"dear"to the neighborhood and would be a shame to lose.
Ms. Ellis Gaut advised she was pleased that the City was
withdrawing its application for an at-grade railroad crossing (see
Agenda Item 4.3). She urged the property near the library be
considered for preservation,.
0 Adam and McKay Fleck spoke of their time as children playing and
enjoying the beauty of the "Gage Grove." It was also noted that if
this property is developed, additional population would impact the
school system.
Mayor Dirksen advised the dialogue on the Gage property would be
more effective before the Hearings Officer as this is a land use
matter under review.
FOLLOW UP TO PREVIOUS CITIZEN COMMUNICATION:
Interim City Manager Prosser reviewed the follow up to previous
citizen communication received at the August 9, 2005, City Council
meeting:
Thomas and Mary Bush spoke to the City Council about road
standards. Community Development Director Hendryx
confirmed that the Bush's had contacted him as suggested by
Mayor Dirksen.
Gretchen Buehner spoke to the City Council about larger
vehicles'parking in spaces designated for compact cars, which
was creating problems in the library parking lot. Interim City
Manager Prosser advised that Police Chief Dickinson told him
this was more a courtesy problem than a violation. Efforts will
be made to get the word out to patrons to call this issue to
their attention to encourage their cooperation.
Tigard Youth Advisory Council President Rob Williams reviewed the Consent
Agenda.
Motion by Mayor Dirksen, seconded by Councilor Woodruff, to adopt the Consent
Agenda as follows:
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4. CONSENT AGENDA:
4.1 Approve Council Minutes for July 26, 2005
4.2 Adopt a Resolution Appointing Members to the City Center Advisory
Committee— Resolution No. 05—52
A RESOLUTION APPOINTING MEMBERS AND ALTERNATES TO
THE CITY CENTER ADVISORY COMMISSION
4.3 Withdraw the Wall Street Railroad Crossing Application
4.4 Adopt a Resolution Authorizing the MTIP Funding for the Greenburg
Road Project to Be Held in Reserve for a Future City Project—
Resolution No. 05--53
A RESOLUTION AUTHORIZING MTIP FUNDING FOR THE
GREENBURG ROAD PROJECT TO BE HELD IN RESERVE FOR A
FUTURE CITY PROJECT
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
5. INTRODUCTION OF NEW TIGARD CHAMBER OF COMMERCE
EXECUTIVE DIRECTOR JEREMY MONLUX AND PRESIDENT PAM
BROWN
Chamber of Commerce Pam Brown and Executive Director Jeremy Monlux
visited with the City Council. They thanked the Council for its past support
and spoke of their efforts to make the Chamber a proactive organization.
Mr. Monlux noted the Chamber membership indicated that the City presents
a "pro-business" attitude. He noted his goal was to work toward the Tigard
area becoming a destination stop for people in the region. He passed along
one business owner's request for assistance for visible business signage.
Mr. Monlux referred to the Chamber's 12@12 program held usually on the
third Wednesday of the month, and he requested representation from the
City. Councilor Sherwood said she would attend the next 12@12. Mr.
Monlux expressed interest in helping with the leadership series in the future.
Mayor Dirksen noted the first class session for this year's series will be
September 22.
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6. CONSIDER A RESOLUTION ADOPTING GUIDELINES TO USE IN THE
EVALUATION OF THE LOCATION AND ACQUISITION OF PARK AND
GREENWAY PROPERTIES
Public Works Director Koellermeier presented the staff report on this agenda
item. Council members acknowledged the Park and Recreation Advisory
Board for their work on this matter and also noted the proposed resolution
shall be used as a guideline to assist in making decisions about acquiring
properties for parks and greenways.
Motion by Councilor Woodruff, seconded by Councilor Harding, to adopt
Resolution No. 05-54.
RESOLUTION NO. 05-54—A RESOLUTION ADOPTING GUIDELINES TO
USE IN THE EVALUATION OF THE LOCATION AND ACQUISITION OF
PARK AND GREENWAY PROPERTIES
The motiori was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
7. UPDATE ON LIBRARY OPERATIONS
Library Director Barnes presented the staff report. Council concurred with
the recommendation for a reduction of the library's open hours from 58
hours to 55 hours per week. The change would be to the Thursday open
hours, which will be Thursdays, 1-8 p.m. The Library's schedule will be:
Sundays 1-5 p.m. Thursdays 1-8 p.m.
Mondays 10 a.m.-8 p.m. Fridays 10 a.m.-5 p.m.
Tuesdays 10 a.m.-8 p.m. Saturdays 10 a.m.-5 p.m.
Wednesdays 10 a.m.-8 p.m.
8. Set Over from the August 9, 2005, City Council meeting—
CONSIDERATION OF THE FINAL ORDER REGARDING THE APPEAL
OF CONDITIONAL USE PERMIT FOR THE TIGARD FIRST BAPTIST
CHURCH EXPANSION
After summation by Community Development Director Hendryx, City Council
considered Resolution No. 05-55.
COUNCIL MINUTES—AUGUST 23, 2005 page 6
I
Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt
Resolution No. 05-55.
RESOLUTION NO. 05-55 —A RESOLUTION AND FINAL ORDER
APPROVING THE TIGARD FIRST BAPTIST CHURCH CONDITIONAL
USE PERMIT (CUP) 2004-00005/SENSITIVE LANDS REVIEW (SLR)
2005-00005/SENSITIVE LANDS REVIEW (SLR) 2005-00006 AND
ADJUSTMENT (VAR) 2005-00016, ADOPTING FINDINGS AND
IMPOSING CONDITIONS
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
9. Continued from the August 9, 2005, City Council meeting--
CONSIDERATION OF THE FINAL ORDERS REGARDING THE
ANNEXATION OF THE FOLLOWING FOUR PROPERTIES:
MOUNTAIN VIEW ESTATES SUBDIVISION, ARLINGTON HEIGHTS 3
SUBDIVISION, WILSON RIDGE SUBDIVISION, AND ALBERTA
RIDER/SUMMIT RIDGE SUBDIVISION
City Attorney Ramis noted that the City received a request from Ms. Julie
Russell: "Since I am not able to attend the City Council Meeting tonight, I
am requesting the record regarding the four annexations be held open for
an additional 7 days to allow time to review the staff report and the City
Attorney response td my testimony."
Council discussed this matter briefly. City Attorney Ramis noted further
written comments must be limited to the staff response and the draft set of
findings.
Motion by Councilor Harding, seconded by Councilor Wilson, to reopen
the record and leave it open for seven days to allow a response to the
Annexation Responses from Staff and the City Attorney, pursuant to ORS
197.763(6)(c). The responses shall be confined to addressing issues
raised by the new evidence in those documents, if any. It was further
moved to continue the hearing to the date certain of September 13, 2005,
at 7:30 pm in the City Council chambers.
COUNCIL MINUTES—AUGUST 23, 2005 page 7
The motion was approved by a unanimous vote of Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Sherwood: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
The written testimony as described above must be received by staff at City
Hail by Tuesday, August 30, 2005, 5 p.m.
10. COUNCIL LIAISON REPORTS: None
11. NON AGENDA ITEMS: None
12. EXECUTIVE SESSION: The Tigard City Council went into Executive
Session at 8A8 p.m. to consider employment of a public officer,
employee, staff member or individual agent, and to consult with counsel
about current or potential litigation under ORS 192.660(2)(a) and (h).
13. ADJOURNMENT— Motion by Councilor Sherwood, seconded by Councilor
Harding, to adjourn the meeting at 8:44 p.m.
Catherine Wheatley, City RecordUr
Attest:
a
Mayor, iffy of Tigard
Date: q- a7- ys
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