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City Council Minutes - 08/28/2001 MINUTES TIGARD CITY COUNCIL MEETING AUGUST 28, 2001 Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla oc EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:32 p.m. to discuss labor negotiations under ORS 192.660(1 d). Council convened into Study Session at 7:00 p.m. cc STUDY SESSI ON > STRATEGIC PLANNING DISCUSSION City Manager Monahan led the discussion on strategic planning. M r. Monahan referred to information summarized from an Executive Staff review of the strategic plan. Mr. Monahan noted the financial issues facing the City of Tigard. Council discussed tax increment financing options that may work for the Washington Square area. In response to a comment from Councilor Scheckla that Metro should also contribute to the Washington Square area, Mr. Monahan advised that Metro is a clearinghouse for funding; therefore, it is valuable to have a plan in place to justify requests for funding. Mr. Monahan referred to information distributed to the City Council with regard to the Washington County cities' tax rate comparison. (Tax rate comparison table is on file with the City Recorder.) He noted that Tigard compares favorably to other cities in Washington County. Staff has determined a need to evaluate current fees and consider potential fees to ensure that the people who are requesting services are paying for services. With regard to the information distributed to the City Council, Mr. Monahan noted that the Financial Ran is a living document that is a tool for planning and adjusting. Councilor Dirksen noted the benefit of establishing a priority list is to promote a "domino effect" that make it more clear as to which priority must be addressed first before another can be brought forward. > ADM IN ISTRATIVE ITEMS oo Council reviewed a memorandum from Barbara Shields, Long Range Planning Manager regarding Metro 2040 Fundamentals Discussion. A recent public opinion survey was prepared by Metro to develop COUNCIL MINUTES— August 28, 2001 page 1 information regarding public attitudes in the region toward growth management. A complete report will be sent to the City of Tigard soon. Councilor Scheckla asked for a copy of the full report when received. oc City Manager noted that joint meeting with the City of Tualatin is scheduled for October 15 in Tualatin to begin at 6 or 6:30. Details are being finalized. oc The League of Oregon Cities' (LOC) request for assistance to fund litigation that challenges cities' authority to charge franchise fees for the use of telecommunications in public right of way was discussed. Council received a memorandum dated August 27, 2001 , to Bill Monahan from Craig Rosser regarding this issue and a copy of this memorandum is on file with the City Recorder. Consensus of Council was to support staff's recommendation to support LOC's request for assistance in funding legal fees in this litigation. cc Council briefly discussed the plans for the upcoming meeting to celebrate the City's 40th birthday, September 11 , 2001 . oc City Manager Monahan noted that Attorney Ed Sullivan has asked for a waiver of conflict of interest to represent Ken Rea, who desires to convert a home on Tigard Street to an office. After brief discussion, consensus of the City Council was to approve a waiver of conflict interest. Business meeting convened at 7:30 p.m. 1 . BUS N ESS M EET I N G 1 .1 Call to Order - City Council & Local Contract Review Board 1 .2 Roll Call - Resent: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla 1 .3 Pledge of Allegiance 1 .4 Council Communications& Liaison Reports None. 1 .5 Call to Council and Staff for Non-Agenda Items None. 2. VISITOR'SAGENDA: None. 3. PROCLAMATIONS: Mayor Griffith issued the following proclamations a. Proclamation - Disability Employment Awareness Month, October 2001 b. Proclamation - National Alcohol and Drug Addiction Recovery Month, September 2001 C. Proclamation - Undoing Racism Day, September 20, 2001 COUNCIL MINUTES— August 28, 2001 page 2 4. CONSENT AGENDA - Motion by Councilor Moore, seconded by Councilor Patton, to approve the Consent Agenda: 4.1 Approve Council Minutes June 26, 2001 4.2 Local Contract Review Board a. Award Contract for the Construction of Fiscal Year 2001-2002 Pavement Major Maintenance Program to Eagle-Elsner b. Award Contract for the Construction of Fanno Creek Trail — Segment 3 (Tiedeman Avenue to Woodard Park) to Tri-Mountain Excavating c. Approve Purchase of Four 2002 Ford Victoriasfrom Gresham Ford 4.3 Support Participation in the ICMA International Resource Cities Program — Resolution No. 01-53 The motion was approved by a unanimous vote of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 5. RECOGNITION OF NANCY IRWIN AND LARRY BECK FOR SERVICE ON THE L I BRA RY BOARD Mayor Griffith presented to Nancy Irwin a Certificate of Appreciation and a City of Tigard logo pin. (Mr. Beck was unable to attend the meeting.) 6. CONSIDER APPROVING THE NEW TIGARD LIBRARY CONSTRUCTION CO M M I TT EE S RECO M M EN DED SITE FO R T H E PRO PO SED N EW LI BRA RY Library Director Margaret Barnes introduced New Library Construction Committee members George Burgess and David Chapman. A FbwerFbint presentation was reviewed with the City Council and is on file with the City Recorder. Mr. Burgess gave background of the Committee's membership and reviewed that " Ste E' was the site the Committee recommended for the proposed new library. This site is located along the east side of Hall Boulevard across from the intersection at O'Mara Street. A digital photograph is on file with the City Recorder depicting the site location. M r. Burgess also reviewed the criteria established by the Committee for site selection. He asked the City Council to accept this site. COUNCIL MINUTES— August 28, 2001 page 3 Mr. Chapman noted that the New Library Construction Committee unanimously selected " Ste E." He asked that the City Council direct City Staff to enter negotiations to enter into negotiations with the property owner to place an option on the site. Discussion followed with the City Council members. It was noted that nothing in the proposed concept for the building or site development would affect the wetland area. Motion by Councilor Dirksen, seconded by Councilor Moore, to accept " S1te E." The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes Motion by Councilor Moore, seconded by Councilor Patton, to authorize the staff to enter into negotiations with the property owner for an option on the property. The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 7. HEAR AN INITIAL PROGRESS REPORT FROM THE T RA N SPO RTA T I O N FINANCING STRATEGIESTASK FORCE City Engineer Gus Duenas introduced Task Force Member Bev Froude. A PtowerPoint presentation was reviewed with the City Council and copy of the presentation is on file with the City Recorder. The Task Force was formed by the City Council to evaluate reasons for failure of the November 2000 transportation bond measure and to determine funding strategies. The Task Force met four timesslnceApril 2001 . Tonight'sreport isthe initial report to the City Council. The Task Force is seriously considering recommending implementation of a street utility fee for maintenance and is continuing to review other funding sources for street improvements. The presentation included an in- depth look at street maintenance, including preventative and corrective maintenance. COUNCIL MINUTES— August 28, 2001 page Funding is also needed for widening and reconstruction of major collectors to meet existing and future traffic demands and to meet current geometric alignment standards. It was noted that preventative maintenance pays off by increasing the life of a street before major work is needed. After the presentation, City Council discussed the feasibility of implementing a street utility fee for the City of Tigard. Majority consensus of City Council was favorable. Councilor Scheckla said he was reluctant to agree to this type of fee and was concerned about how this would be accepted by citizens. He also referred to past issues he has had concerning SW North Dakota Street. Motion by Councilor Patton, seconded by Councilor Moore, to go forward with the study of the street maintenance fee. The motion was approved by a majority of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - No In response to a question from Mayor Griffith about whether the Task Force is looking into a proposing a bond measure, Councilor Moore advised that at this time such an effort has been set aside and possibly reconsidered in about three years 8. QUASI-JUDICIAL PUBLIC HEARING — CONSIDER AN ORDINANCE VACATING APPROXIMATELY 11 ,702 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2001-00002) REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public right of way on SW Beveland Street, west of SW 72nd Avenue. Southwest Beveland Street west of SW 72nd Avenue has been relocated south to align directly with SW Beveland Street east of SW 72" Avenue. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right of way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right of way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right of way, which lieswest of SW 72nd Avenue. Date request was filed: May 15, 2001 COUNCIL MINUTES— August 28, 2001 page 5 a. Mayor Griffith opened the public hearing. b. Mayor Griffith asked for declarations or challenges There were none. C. Community Development Director Jim Hendryx presented the staff report. The City Council was considering the vacation of a portion, approximately 11 ,702 square feet, of public right-of-way in what is commonly known as SW Beveland Street. d. Public Testimony: oc Frank Flynn, Attorney, Stoel Rives, et al, 900 SW Fifth Avenue, Portland, O regon. M r. Flynn reported on negotiations among property owners(M r. and M rs Stober and Mr. Wood). Mr. Flynn explained the process wherein the Stobers asked to be reassured that they would maintain full access to their property. Negotiations have been ongoing with regard to the access and easement width. The easement width needs to be modified. City Attorney Ramis advised that a change to the easement width does not appear to be a substantial change. Community Development Director Hendryx confirmed that staff reviewed the request for a change in the easement's width. e. Staff recommended the vacation request be approved as modified by the applicant. f. Mayor Griffith closed the public hearing. g. Council consideration: Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Ordinance No. 0 1 -1 1 . ORDINANCE NO. 01-11 — AN ORDINANCE CONCERNING VACATION OF APPROXIMATELY 11 ,702 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC 2001 -00002). The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL MINUTES— August 28, 2001 page 6 9. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL ORDER APPROVING THE BLUE HERON PARK SUBDIVISION (SUB2001 -00001 , ZON2001 -00002, SLR2001-00003, VAR2001 -0002) On June 1 1 , 2001 , the Planning Commission denied a request for approval of an 18-lot subdivision on 4.15 acres. The lots are to be developed with attached single-family homes Lot sizes within the development average just over 3,800 square feet. Development is to be clustered on the west side of the development site, allowing for the preservation and enhancement of the pond, wetland, and stream area on the eastern portion of the property. A sensitive lands review is required for the development due to the presence of steep slopes, a wetland, and a natural drainageway on the site. On June 22, 2001 , an appeal was filed regarding the Planning Commission's denial of the project. On August 14, 2001 , the Council held a public hearing on the appeal; the proposed resolution adopting the Final Order is now before the Council. LOCATION: 12450 SW Walnut Street; WCTM 2S103BC-03900. The project site is located on the south side of SW Walnut Street, opposite of SW 124th Avenue and west of SW 121' Avenue. ZONE R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. REVIEW CRITERA BBNG APPEALED: Community Development Code Chapter 18.390. Planning Manager Dick Bewersdorff presented the staff report. Mr. Bewersdorff highlighted the elements of the Final Order, including four additional City Council conditions The four conditions addressed fencing adjacent to dwelling units, the planting of two-inch caliper trees in setbacks, establishment of an escrow account to recover damage to retained trees over 12 inches in caliper, and study of the need for a painted crosswalk at the intersection of 124th Avenue and a private street. City Council discussed elements of the findings It was noted that the development will have good-neighbor fencing on the developed portion of the site. There was lengthy discussion on the escrow account to recover damage to retained trees over 12 inches in caliper. Fifty-one trees were potentially affected by construction. Total value for these trees was estimated to be approximately $200,000. Safeguards to protect trees included the provision that the applicants are responsible for the trees and if damage occurs, then $47,000 would be charged for additional mitigation. Mr. Matt Sprague and Mr. Al Jeck were present to represent the applicant. Mr. Jeck advised that the third condition added by the City Council with regard to the COUNCIL MINUTES— August 28, 2001 page 7 security to cover the value of the trees was of concern. He asked for flexibility in the pledging of funds to meet the intent of the third condition, which is to protect trees. There was discussion with regard to how such wording should be set forth in the Final Order. Councilor Moore said the wanted to be sure that the trees were protected, but also not encumber the development with an unnecessary requirement. If a line-of-credit would accomplish the intent of this condition, then this would be acceptable to Councilor Moore. City Attorney Ramis suggested using the word " security" in a form acceptable to Planning Director in the amount of $100,000 to cover the value of all 12-inch or greater trees. It was noted that the proposed resolution would need to be amended to reflect this change. Motion by Councilor Moore, second by Councilor Dirksen, to adopt Resolution No. 0 1 -54 with the Findings and Final Order as amended to be signed after review by the Mayor. Councilor Dirksen clarified that the damage to trees, as referred to in the Final Order, would be " caused by construction." Motion was approved by a majority of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - No Council meeting recessed at 9:00 p.m. Council meeting reconvened at 9:10 p.m. 10. PUBLIC HEARING - CONSIDER A ZONE ORDINANCE AMENDMENT TO EXEMPT CERTAIN EXISTING BUILDINGS ABUTTING MAIN STREET FROM ADDITIONAL OFF-STREET PARKING IN CERTAIN CIRCUMSTANCES (ZOA2000-00004), AMENDING CHAPTER 18.765 OF THE TIGARD COMMUNITY DEVELOPMENT CODE The City of Tigard is requesting approval of a Zone Ordinance Amendment to allow existing buildings directly abutting Main Street to be exempt from having to add additional off-street parking for a change of use. However, construction of new buildings and entertainment uses abutting Main Street will be required to meet the off-street parking standards according to Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements) in the Tigard Community Development Code. LOCATION: All properties abutting SW Main COUNCIL MINUTES— August 28, 2001 page 8 Street. ZONE CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent to the R- 40 40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITEIA: Statewide Planning Goals 1 , 2, 5 and 9; Comprehensive Plan Policies 1 .1 .1 , 2.1 .1 , 2.1 .2, 2.1 .3 and 5.3; and Community Development Code Chapters 18.380, 18.390 and 18.765. a. Mayor Griffith opened the public hearing b. Community Development Director Jim Hendryx presented the staff report. The issue before the City Council was whether the City Council should adopt an ordinance that would allow existing buildings directly abutting SUV Main Street to be exempt from having to add additional off-street parking for a change of use and new construction to replace existing square footage. Construction of new buildingsand entertainment usesabutting SW Main Street would be required to meet off-street parking standards according to Table 18.765.2 of the Tigard Community Development Code. Note: The Council considered Agenda Item No. 11 at this point in the meeting while Community Director Hendryx researched the Code to determine how entertainment uses would be affected with respect to the proposed revisions to the Code. He advised that, as an example, a bingo parlor would be required to meet off-street parking requirements. C. Public Testimony: None. d. Staff recommended that the City Council adopt the proposed ordinance. e. Mayor Griffith closed the public hearing. f. Council consideration: Motion by Councilor Potton, seconded by Councilor Moore. to adopt Ordinance No. 01 -12. ORDINANCE NO. 01-12 — A ZONE ORDINANCE AMENDMENT (ZOA 2000-00004) AMENDING CHAPTER 18.764 OF THE TIGARD COMMUNITY DEVELOPMENT CODE. COUNCIL MINUTES— August 28, 2001 page 9 The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 11 . CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE REGARDING PERMIT ISSUANCE CONDITIONS FOR OVERSIZED LOADS City Manager Bill Monahan reviewed the staff report prepared by Chief of Police Ron Goodpaster. He noted restrictions for moving of oversized loads would apply during weekday time periods. Because Council members had questions with regard to the Code language for weekend activity, consideration on this item would be delayed until Chief Goodpaster could clarify his intent with weekend activity. This item was set over to September 25, 2001 . (City Recorder's note: City Council reviewed this item on October 9, 2001 .) 12. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO CLA RI FY PRO CED U RES FO R LI BRA RY BOA RD M EM BER A PPO I N TM EN T AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE LIBRARY Library Director Margaret Barnes presented the staff report. The issue before the City Council was whether the City Council should amend the Tigard Municipal Code sections 2.36.030, 2.36.040, 7.100.10 and 7.100.40 to clarify procedures for Library Board member appointment and terms and the procedure for exclusion from the Tigard Public Library. Details of the proposed amendments are contained in the staff report, which is on file with the City Recorder. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Ordinance No. 01-13. ORDINANCE NO. 01-13 — AN ORDINANCE AMENDING CHAPTERS 2.36.030, 2.36.040, 7.100.10 AND 7.100.40, OF THE TIGARD MUNICIPAL CO DE TO CLA RI FY PRO CEDU RES FO R LI BRA RY BOA RD M EM BER A PPO I N T AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE TIGARD PU BLI C LI BRA RY. COUNCIL MINUTES— August 28, 2001 page 10 The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 13. DISCUSS PROVISIONS OF THE TIGARD MUNICIPAL CODE CONCERNING THE BUILDING APPEALS BOARD Building Official Gary Lampella reviewed the staff report. The question before the City Council was whether Tigard Municipal Code Chapter 2.09, Building Appeals Board, should be revised or retained in its current format. After discussion with the City Council, the consensus was to reduce the number of board members from 13 to 7 or 8. Mr. Lampella will return to the City Council at a future meeting date with an ordinance to adjust the number of board members. 14. COUNCIL LIAISON REPORTS: None. 15. NON AGENDA ITEMS: None. 16. EXECUTIVE SESSION: No Executive Session was held. 17. ADJOURNMENT: 9:40 p.m. /l l G{Qrt,i 2 LO Catherine Wheatley, City Rec;order Attest: �A--W�rl'411 yor,(City rd ate: AY0 v, /- aQ 4) 1 I:ADM\CATHY\GCM\U1US2S.000 COUNCIL MINUTES — Augusl 28, 2001 page 11