City Council Minutes - 05/27/2008 Agenda Item No.
Council Meeting of -7,Q D.i,D41
v
City of Tigard
Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE/TIME: May 27, 2008/6:30 p.m. Study Session and 7:30 p.m.'Business Meeting
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
• STUDY SESSION
Council President Sherwood called the meeting to order at 6:30 p.m.
City Council roll call:
Name Present Absent
Mayor Dirksen ✓
Councilor Buchner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Staff Present: City Manager Prosser, City Attorney Ramis, Assistant Community Development Director Bunch,
Assistant City Manager Newton,Public Works Director Koellermcier,Associate Planner Wyss, City Recorder Wheatley
Track i
➢ NAMING LIBRARY PAVILION
Discussion on this agenda item occurred after the business meeting concluded. See Page 9.
Track 2
➢ ADMINISTRATNE ITEMS:
o Phelps Annexation Public Hearing Agenda Item No. 4:
■ City Council received written testimony from Christine and David Dunn.
■ City Council received a corrected legal description for the proposed annexation.
o Property purchase approval to be scheduled for City Council consideration (see Non Agenda Item No.
8).
o Council compensation was added as a discussion topic to the June 3, 2008, City Council Special
Meeting Agenda. City Council received information from staff regarding this topic; this information is
on file in the City Recorder's office.
o Assistant City Manager Newton reviewed a proposed change to the City's stationery. City Council
consensus was to go ahead with the stationery update.
➢ TIGARD MUNCIPAL COURT ANNUAL REPORT
Municipal Judge O'Brien and Administrative Services Manager presented the report to the City CounciL The
PowerPoint presentation for this item is on file in the City Recorder's office.
TIGARD CITY COUNCIL/LCRB/ MINUTES — MAY 27, 2008
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Discussion followed after the presentation. Highlights are listed below:
o In response to a question from Councilor Woodruff,Judge O'Brien indicated adding a criminal court
service to the City of Tigard municipal court is a policy choice of die City Council. He said he is very
interested in it because he would Like the professional challenge to develop a court that would be
responsive to the community and to die enforcement priorities. Judge O'Brien said he understands
some of the City officials' anxieties because of some the expenses involved both for the Police
Department and the Municipal Court Councilor Sherwood commented regarding the recent review by
the Budget Committee and die request for more research before a decision is made Municipal Court is
poised to go forward if the policy decision is made to go forward with die ctiminal court. An additional
.5 or .6 FTE would be needed for court, depending on what happens with caseload, including the
Commercial Crimes Unit. More discussion followed on a potential criminal court in Tigard including
what to expect with financial impacts. Administrative Services Manager, during discussion on jury trials,
advised that jury trials do not represent a high percentage of cases heard in criminal court For example,
in Lake Oswego,there are less than a dozen jury trials per year.
• EXECUTIVE SESSION: The Tigard City Council went in to Executive Session at 6:55 p.m. under ORS
192.660 (2) (e) to discuss real property transaction negotiation.
The Executive Session concluded at 7 p.m. and the City Council resumed its Study Session.
➢ APPOINTMENT OF AD-HOC CITIZEN ADVISORY COMMITTEES
Assistant Community Development Director Bunch presented the staff report; a copy is on file in the City
Recorder's office. The staff proposal was to advocate using a more efficient solicitation and appointment
process for short-term ad-hoc citizen advisory committees. Staff also recommended maintaining the existing
process for ongoing boards and cominissions and short-term committees identified by City Council at the time
of creation. Assistant Community Development Director Bunch reviewed the proposed solicitation and
appointment process for ad-hoc committees.
City Council discussion followed and the City Council decided it needed to discuss this matter more fully at a
workshop meeting. Some of the preliminary concerns of die City Council members included the following.
o If the process now in place for selecting Committee members was not used, would the members feel
less connected to the City Council?
o The value of the interview process of potential Committee members so that the City Council
understands the individual viewpoints of the Committee members.
o The value of assuring that various interests are represented on Committees.
o The value of a general call for volunteers from the Community.
o City Council would like to know what the Citizens for Community Involvement thinks about the
proposal for ad-hoc committee appointments.
Study Session concluded at 7:24 p.m.
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1. BUSINESS MEETING
1.1 Council President Sherwood called the meeting to order at 7:31:41 PM
1.2 Roll Call:
Name Present Absent
Mayor Dirksen ✓
Councilor Buchner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items:
■ City Manager Prosser announced the addition of a Non-Agenda Item regarding the
consideration of a property purchase. Also, there is a carry-over of a Study Session discussion
item: "Naming Library Pavilion" that will be held after the conclusion of the City Council
business meeting
2. CITIZEN COMMUNICATION (Two Minutes or Less,Please)
■ Tigard Area Chamber of Commerce President Marjorie Meeks updated the City Council on recent
Chamber events:
■ Executive Director Jeremy Monlux resigned.
■ The Shining Stars Banquet was a success.
■ The Annual Meeting will be held June 17 at which time a new Chamber Board will be elected.
■ The Chamber directory will be published in August.
• Citizen Communication—Sign Up Sheet
JC Sherman, 10832 SW Kable Street, Tigard, OR said he was representing his neighbor and fellow
business owner in the community for Kim's Embroidery. This business is being heavily affected by the
Burnham Street project. Mr. Sherman said that this business has asked the City for a proposal regarding
their driveway without their rights being given to Verizon. He said there has been a lack of
communication and noted there is also a language barrier. Mr. Sherman asked the City Council to
postpone any judgment on the Burnham Street project until this business receives communication and
given due process of the application for the City to build the center median on Burnham Street. The
median will limit the truck traffic accessing their business thereby hurting the business. Mr. Sherman
alleged that Mrs. Matsumoto has been pressured by City representatives to sign paperwork, which
would allow the Verizon access superseding access to the Kim's Embroidery driveway.
Councilor Buchner noted her surprise at Mr. Sherman's comments because Kim Embroidery
representatives were before the City Council a few weeks ago and talked to Council and staff for about
20 minutes. The representative from Verizon was also here for the discussion.
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City Manager Prosser noted the information that Mr. Sherman is presenting today is not his
understanding of what has occurred. City Manager Prosser said he would talk with staff to determine
the status as he understood an amicable agreement was being reached. However, if people are feeling
pressured, he was greatly concerned. He will talk to staff and get back to Mr. Sherman and asked that
Mr. Sherman leave his contact information.
Councilor Woodruff also advised no action will be taken on this project in the immediate future. He
reiterated that the City Council had heard from staff that there was conversation after the meeting with
the parties and City Council that an agreement was being reached that was acceptable to everyone.
Council President Sherwood also asked Mr. Sherman if he would be available to help with the language
barrier that would be appreciated. Mr. Sherman said he would assist.
• Follow-up to Previous Citizen Communication
City Manager Prosser noted a gentleman had appeared before the City Council at the last business
meeting regarding concern with the closure of the Barrows Road Bridge. Staff is continuing to look
into this matter and will get information to the City Council about the status.
7:42:17 11ai
Council President Sherwood reviewed the proposed Consent Agenda:
3. CONSENT AGENDA:
3.1 Approve City Council Minutes for March 11,2008
3.2 Local Contract Review Board:
a. Approve Contract Amendment No. 1 for Right-of-Way Acquisition Services for the SW Burnham
Street Improvement Project
It was clarified that Item 3.2a is for consultant services.
Motion by Councilor Wilson, seconded by Councilor Buehner,to approve the Consent Agenda.
The motion was approved by a unanimous vote of City Council present
Councilor Bueluier Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodniff Yes
4. QUASI-JUDICIAL PUBLIC HEARING—PHELPS ANNEXATION (ZCA 2008-00002)
REQUEST: Annexation of two (2) parcels on SW 153 d Avenue (Tax Lot 1000) and SW Sunrise Lane
(Tax Lot 600) totalin� 5.82 acres to the City of Tigard. In addition, e City proposes to include the right-
of-way on SW 153` Avenue from the point adjoining Tax Lot 1000 to the tight-of-way on SW Bull
Mountain Road. The right-of-way adjoinm Tax Lot 600 on SW Sunrise Lane is already within the City's
boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous
to the City.
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LOCATION: 15305 SW 153rd Avenue and 15110 SW Sunrise Lane; Washington County Tax Map
(WCTM) 2S108AB,Tax Lot 1000, and WCTM 2S105DC, Tax Lot 600.
COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County
R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential
development at no more than six (6) units per acre and no less than five (5) units per acre, except as
specified by Section 300-2 or Section 303-6. The intent of die R-6 District is to provide the opportunity for
more flexibility in development than is allowed in the R-5 District.
EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard 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 described in
Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal
1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive PIan (non-updatedfversion) Policy 10.1;
ORS Chapter 222; and Metro Code Chapter 3.09.
a. Council President Sherwood opened the public hearing.
b. City Attorney Ramis read a statement regarding procedures for the hearing.
77.47:30 4'M
C. 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?
■ Councilor Buehner said she was very familiar with the site
- Have all members familiarized themselves with the application?
■ City Council members present 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 from the audience.
d. Staff Report: Community Development Department
Associate Planner Eng presented the staff report; a copy of which is on file in the City Recorder's
office. She noted written testimony had been received and included with the Council record on this
matter.
Associate Planner Eng reported a corrected legal description had been distributed to the Council.
Areas of City Council discussion and requests for clarification included the following:
o Limited access to the property to be annexed was noted.
o When and if developed, the primary access will be required to be developed to City standards if
the contiguous right of way is included in the annexation proposal.
o The County was notified of this annexation proposal and did not comment.
e. Public Testimony
Opponents:
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7:78:13 1'\f
o Jim Willis, 15285 SW Bull Mountain Road, Tigard OR 97224 provided a written copy of their
testimony; a copy of this testimony is on file in the City Recorder's office. Mr. and Mrs. Willis
do not object to the annexation of the Phelps property; however, they do object to the
annexation of the right of way of 153`d Avenue.
Council discussion followed about the future of SW 153x`1 whether it was left in the County or
annexed to the City. Councilor Buehner advised there would be little difference between the
City or County regulations regarding this street should development occur.
In response to questions from Councilor Woodruff, Mr. Phelps advised his annexation request
was voluntary; he wanted to become a part of the City since it was the right thing to do since he
uses City services and, therefore, should pay City taxes. He noted his appreciation for the
incentive to annex with the three-year phase-in of City taxes. He referred to the attempt to
incorporate a City on Bull Mountain and said this effort did not make sense to him. He added
that he wants to vote on City of Tigard issues and pointed out that if everyone on Bull Mountain
joined the City, they would have a powerful vote on City matters. Mr. Phelps advised that he
saw no downside with regard to the 153rd right of way being annexed.
8:13:28 1'M
£ Council President Sherwood closed the public hearing
g. Council consideration:
Councilor Buehner and Councilor Wilson supported the annexation including the 153d Avenue
right of way.
Councilor Woodruff supported the annexation but noted he was a little concerned with the irregular
boundary of the property.
Councilor Wilson added that he was pleased that this annexation was not prompted because the
property owner wanted to develop the land; it was nice to see an annexation request under these
circumstances.
Council President Sherwood noted the City's efforts to solicit voluntary annexations and that the
City of Tigard welcomes properties. She said she did struggle somewhat with the annexation of rhe
right of way but finally concluded that she would rather see the road eventually develop to City of
Tigard standards when the area develops.
Motion by Councilor Buehne-r, seconded by Councilor Woodruff, to adopt Ordinance No. 08-05.
ORDINANCE NO. 08-05 — AN ORDINANCE ANNEXING 4.12 ACRES OF LAND,
INCLUDING ONE (1) PARCEL AND RIGHT OF WAY, APPROVING THE PHELPS
ANNEXTION (ZCA2008-00002) AND WITHDRAWING PROERTY FROM THE TIGARD
WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL
DISTRICT AND AWASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT.
The motion was approved by a unanimous vote of Council present.
TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 27, 2008
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Councilor Buehner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
8:18:5-1 R,
5. CONSIDER RESOLUTION URGING LEGISLATIVE REVIEW OF CERTAIN PORTIONS OF
RECENTLY ADOPTED ETHICS LAWS
City Manager Prosser reviewed the staff report, which included the key issues with the new state ethics laws.
The State of Oregon recently appointed a task force to review these laws because of widespread concern and
resignations of local elected officials. The proposed resolution officially states the City of Tigard's position.
There was brief discussion about the City Council members' support for review of the overreaching legislation
and new ethics laws. Council members do not object to the reporting requirements; however, one of the main
objections is listing all relatives'personal information and publishing this on the Internet whether they live with
the City or not. This could also represent a disincentive for good, quality citizens to be willing to participate in
local government
8`4:29 1'N
Motion by Councilor Woodruff, seconded by Councilor Wilson,to adopt Resolution No. 08-23.
RESOLUTION NO. 08-23 —A RESOLUTION URGING LEGISLATIVE REVIEW OF CERTAIN
PROVISIONS OF RECENTLY ADOPTED ETHICS LAWS
The motion was approved by a unanimous vote of Council present.
Councilor Buehner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
6. CONSIDER AMENDING THE PROCEDURES FOR NOMINATION OF MAYOR AND CITY
COUNCIL CANDIDATES
City Recorder Wheatley presented the staff report, which outlined the proposals and requested City Council
action measures to amend the procedures for nomination of Mayor and City Councilor candidates.
Council President Sherwood noted she served on the Council Service Task Force, which recommended these
changes to the nomination process. The Task Force concluded that the collection of 200+ signatures was
burdensome and of limited value. Council members commented on the signature gathering process noting that
it appeared to busy work; however, it did test to some extent a person's commitment for seeking local office.
Council was interested to learn that there are a variety of nomination procedures for cities' mayors and council
members throughout the state. The proposed nomination procedures amendment still requires a show of
commitment and forethought by potential candidates.
City Recorder Wheatley noted the ordinance contains an emergency clause because city councilor filings can
begin June 4,2008.
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Nihil ISM
Motion by Councilor Buchner, seconded by Councilor Woodruff,to adopt Ordinance No. 08-06.
ORDINANCE NO. 08-06 —AN ORDINANCE AMENDING TIGRD MUNICIPAL CODE SECTION
2.40, NOMINATING PROCEDURE,AND DECLARING AN EMERGENCY
The motion was approved by a unanimous vote of Council present.
Councilor Buchner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
Motion by Councilor Woodruff, seconded by Councilor Wilson, to adopt Resolution No. 08-24.
RESOLUTION NO. 08-24 — A RESOLUTION APPROVING THE NOTIFICATION OF
NOMINATION AND ACCEPTANCE OF NOMINATION FORM AS SET FORTH BY
ORDINANCE NO. 08-24 (TIGARD MUNICIPAL CODE 2.40.020)
The motion was approved by a unanimous vote of Council present.
Councilor Buchner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
Motion by Councilor Buchner, seconded Councilor Woodruff, to adopt Resolution 08-25.
RESOLUTION NO. 08-25 — A RESOLUTION AMENDING RESOLUTION NO. 07-35, MASTER
FEES AND CHARGES TO ADD A FEE UPON FILING A NOMINATION PETITION TO AN
ELECTIVE CITY OFFICE PURSUANT TO THE TIGARD MUNICIPAL CODE SECTOIN
2.40.010(3)
The motion was approved by a unanimous vote of Council present.
Councilor Buchner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
7. COUNCIL LIAISON REPORTS: None
8:3�5a1.3 1'M
8. NON-AGENDA ITEMS
➢ Loucks/Burton Property Purchase
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City Manager Prosser presented the staff report. The Loucks-Burton property is located behind the
recently purchased Shaltz house along Fanno Creek. Late last year,the owners expressed an interest in
selling the.52-acre property to the City. Given the proximity to other City property and Fanno Creek Park,
the Council directed staff to pursue the property purchase. Negotiations with the sellers are complete. To
finalize the purchase,the City Council needs so authorize. The current property owners may stay on the
property for 60 days rent free.
Motion by Councilor Buehner, seconded by Councilor Woodruff, to approve the purchase of the Loucks-
Burton property,located at 13337 SW Hall Boulevard,Tigard, OR for a purchase price of$269,250 and
authorizing the City Manager to execute the purchase.
The motion was approved by a unanimous vote of Council present.
Councilor Buehner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
H:38!.19I'M
➢ Naming the Library Pavilion
City Manager Prosser presented the information on this matter. A memorandum from Bill Monahan to
Public Works Director Koellermeier dated march 30,2008,was distributed to the City Council. A copy of
this memorandum is on file in the City Recorder's office. The proposal is to name the shelter at Fanno
Creek on the Tigard Library site for "Muhammad Saili and the Samalinda/Balikpapan, Indonesian
Resource Cities Partnerships."
City Manager Prosser noted that the City of Samarinda has a conference room in its City Hall, which is
known as the"Tigard Room."
City Manager Prosser also said Mr. Monahan had contacted Mr. Saili's family; they were thrilled about the
possibility of the pavilion being named in memory of Mr. Saili.
The City of Samatinda is still very interested in establishing a partnership with Tigard. City Manager
Prosser said the partnership would likely be much more limited than when it was under the ICMA auspices.
We would need to look for donations or grants to move forward. Some of the unfinished work included
interest between Tigard and Samarinda schools to establish virtual classroom connections. City Manager
Prosser advised that Mayor Dirksen had indicated an interested in both the naming of the pavilion and
pursuing reestablishment of a partnership between Tigard and Satnarinda.
City Council members indicated an interest in naming the pavilion in memory of Mr. Saili. Councilor
Wilson suggested a plaque be displayed at the pavilion explaining its name and little bit about the
partnership. Council President Sherwood said this was an enjoyable experience during her service on the
City Council. She noted not only did she learn about Indonesian culture but"in a chaotic world, this is one
of the ways you start piece...you start it one small project,one small plaque, one small visit at a time..."
City Manager Prosser said this item would come back as a resolution for City Council consideration.
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9. EXECUTIVE SESSION: Not held.
10. ADJOURNMENT
Motion by Councilor Woodruff, seconded by Councilor Wilson, to adjourn the meeting.
The motion was approved by a unanimous vote of Council present.
Councilor Buchner Yes
Councilor Wilson Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
Catherine Wheatley, City Recorder 6
Attest:
'eJ
Mayor, ity of Tigard
Date: 'L't' "
I:\ADM\Cathy\CCM\2008\080527 Enal.doc
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