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City Council Minutes - 11/08/2005 Agenda Item No. + I For Agenda of Q43.05 CITY OF TIGARD OREGON 27garrl City Council Meeting Minutes Date: November 8, 2005 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Absent: -- Agenda Item Discussion 8t Comments Action Items (follow up) Study Session Discuss Legal Interim f=inance Director Imdieke and Buyer Interviews will take place Services Joe Barrett reviewed the number of proposals at 5 p.m. on Tuesday, Request for received and evaluation matrix criteria with November 15, prior to Proposals the City Council. City Council consensus was the CCDA and Council Review Process to have City staff participate in the interviews. meetings. The CCDA All firms that submitted applications will be meeting will start at 7 interviewed. p.m. with the Council meeting following the CCDA meeting. Study Session Discuss City Forester Matt Stine facilitated the Council members agreed Increasing the discussion. Tree Board members present: to the proposal. This Number of Robert Cancelosi, Jim Bray, Janet Gillis, and item will be before the Citizen-At- Rob Callan. Council at its November Large Members 22 City Council meeting Serving on the Tree Board Chair Gillis reviewed the request on the Consent Agenda. Tree Board to increase the number of Tree Board members. Tigard City Council Meeting Minutes November 8, 2005—Page 1 Agenda Item Discussion 8r Comments Action Items (follow up) Study Session Discuss City Forester Stine and Tree Board members After discussion Council Amendments presented information to the City Council. and Tree Board members to Chapters Council indicated support modifications to the agreed more work is 18.745 and Code; however, concerns were noted by the needed. Councilor 18.790, Council with regard to limiting plantings to Wilson and Interim Landscaping native trees. Community Development and Screening, Director Coffee agreed to and Tree The goal of Tree Board was to remedy be involved in working on Removal, of situations where developers are required to this matter with the Tree the Tigard plant trees, but after 10-plus years, these trees Board. Municipal Code are not doing well; there is no canopy. Parking lot landscaping regulations need attention. Also plantings of invasive plant species have turned into a problem; "exotics" have been getting into natural areas. There was a suggestion that rather than a Iist of approved tree plantings, that a list of prohibited plant species be identified or a guideline recommending a percentage of native plantings be included in landscaping plans. Study Session > ADMINISTRATIVE ITEMS 9 An insert will be placed in the next Report/no action. Cityscape regarding Urban Renewal. 0 November 29 is Fifth Tuesday. Next Since these two Fifth Tuesday will be January 31. occurrences of a Fifth Tuesday are so close together, the City Council decided to cancel the November 29 meeting. Staff will post a notice on the web site noting the change. Tigard City Council Meeting Minutes November 8, 2005—Page 2 Agenda Item Discussion U Comments Action Items (follow up) Study Session X Krista Foltz, Tigard High School Envoy See Item 2 below. Continued — was unable to attend the meeting. Administrative Jillian Walker presented the report to Items the City Council. O Council discussed setting a date for the Council agreed to meet )anuary 2006 goal-setting meeting. January 6, noon-5 p.m. • Select date to schedule a discussion on Council agreed to have annexation policy. discussion on annexation policy during the January 15 workshop meeting. I] Urban Renewal Presentations to Taxing Districts Meeting with TVR&R is scheduled for Staff will attend. No City November 15, 7 p.m., which is during Council member will attend a City Council meeting. since this is at the same time as a City Council meeting. Meeting with County Board of Councilor Sherwood will Commissioners at 2 p.m. on attend with staff. November 22. Discuss Downtown Task Force Council members will Membership and City Center Advisory contact members of the Commission Downtown Task Force and the CCAC to discuss roles The Council discussed roles of the and process. CCAC and the Downtown Task Force. The CCAC is required and its role defined as part of the City Charter and urban renewal plan process. Now that the Downtown Plan is complete, Council members will contact Task Force members to determine whether Task Force members, who are not serving on the CCAC, would be willing to serve on subcommittees to be formed for the urban renewal effort. Tigard City Council Meeting Minutes November S,2005—Page 3 Agenda Item Discussion U Comments Action Items (follow up) Executive The Tigard City Council went into Executive There was discussion of Session Session at 7:20 p.m. under ORS 192.660 litigation issue only (2) (e) and (h) regarding a real estate because of time transaction and to consult with Legal Counsel constraints. Executive about litigation likely to be filed. Session recessed and continued after the end of the Business Meeting. 1. 1.1 Mayor Dirksen called the City Council and Business the Local Contract Review Board to Order Meeting at 7:36 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications 8T Liaison Reports Councilor Harding reported on a recent meeting of the Tualatin Basin Natural Resources Committee. She referred to a potential Metro bond measure. Additional discussion will be held at the next meeting on December 12, 2005. 1.5 Call to Council and Staff for Non-Agenda Items - None 2. Citizen o Tigard High School Student Envoy Krista Report/no action. Communication Foltz was unable to attend. )IIIian Walker presented the report and a copy of the highlights of THS activity last month is on file in the City Recorder's office. o Follow Up to Previous Citizen No action. Communication -- No follow up. Tigard City Council Meeting Minutes November 8,2005 —Page 4 Agenda Item Discussion & Comments Action Items (follow up) 3. 3.1 Approve Council Minutes for Motion by Councilor Consent September 20 and 27, 2005 Sherwood, seconded by Agenda Councilor Wilson, to approve the Consent Agenda as presented. 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 3.2 Receive and File: Received a. Council Calendar b. Council Meeting Tentative Agenda 3.3 Approve Budget Amendment#6 — Approved Increase Appropriations for Mayor and Council Budget— Funding of Branding and Facilitator Contracts RESOLUTION NO. 05-66 — A RESOLUTION APPROVING BUDGET AMENDMENT #6 TO THE FY 2005-06 BUDGET TO INCREASE APPROPRIATIONS IN THE MAYOR AND COUNCIL BUDGET FOR THE FUNDING OF THE BRANDING AND FACILITATOR CONTRACTS 3.4 Approve Amendment to IGA with Approved Washington County for Administration of the Urban Area Security Initiative Grant Program Tigard City Council Meeting Minutes November 8, 2005—Page 5 Agenda Item Discussion & Comments Action Items (follow up) 3. 3.5 Local Contract Review Board Approved Consent Agenda a. Award Contract for the Tigard Down- continued town Comprehensive Streetscape Project Design Services to OTAK, Inc. 4. Update -- YAC Vice President Lindsey Boyce and Report/No action Youth Advisory Treasurer Alexander Carsh presented their Council and report to the City Council. Highlights Tigard Turns included: the Tide o Several YAC members attended leadership training recently. o YAC is sponsoring a dinner followed by a time for crafts at the Good Neighbor Center on December 3. o Third annual blanket drive is underway, now until December 2. o With assistance from City of Tigard Web Administrator Soares, the YAC has posted a web site and keeps it updated. o Reviewed a recent Washington County Youth Summit where the topic was tobacco, drug and alcohol abuse. Participants are working on a project. o Tickets were sold to a Meier & Frank Shopping Day, which benefited charities. o Participated in a Tigard High School Club Rush. YAC received responses to surveys and also were able to recruit some new members. o YAC is sponsoring a Youth Summit on March 16, 2006. Theme is Get a Voice, Be Heard. o YAC has 15 active members o Meetings are held on 11 and 31 Wednesdays at the Water Building, 6 p.m. Tigard City Council Meeting Minutes November 8,2005 —Page 6 Agenda Item Discussion & Comments Action Items (follow up) S. Amend Building Official Lampella presented the staff Motion by Councilor TMC Chapter report. Woodruff, seconded by 7.40,. Councilor Sherwood, to Nuisances -- During discussion Councilor Harding suggested adopt Ordinance No. Relating to the exceptions be limited to six days a week 04-14. Construction rather than the recommended seven days per Noise Hours week. Discussion followed. Those City The motion was Council members who expressed support approved by a majority stated they were doing so because it would be vote of Council present. easier to enforce (consistency) and the fact that some reduction in the length of time for Mayor Dirksen Yes noise was proposed. Councilor Harding No Councilor Sherwood Yes ORDINANCE NO. 05-14 — AMENDING Councilor Wilson Yes Councilor Woodruff Yes SECTION 7.40.180 OF THE TIGARD MUNICIPAL CODE FOR EXCEPTION TO PERMITTED NOISE. 6. Amend Building Official Lampella presented the staff Motion by Councilor TMC Chapter report. He reviewed the history of this item Wilson, seconded by 3.24, Systems noting the controversy about when to assess Councilor Sherwood, to Development fees for system development charges (SDCs): adopt Ordinance No. Charges, at the time of permit application or at the 05-15. Relating to time of permit issuance. Staff reviewed the Assessments issue and found that almost all surrounding The motion was jurisdictions collect SDC fees based on the approved by a unanimous date of application. vote of Council present. At the August 16, 2005, Council workshop, Mayor Dirksen Yes staff reviewed this matter with the City Councilor Harding Yes Council. The Council reviewed the Councilor Sherwood Yes staff prepared regarding planning Councilor Wilson Yes information p p g g p Councilor Woodruff Yes and building fee assessment practices by neighboring jurisdictions. At this meeting, City Council directed staff to submit an ordinance to the City Council amending the Tigard Municipal Code specifying that City system development charges, based on a land use permit or building permit, will be assessed the rate in effect at the time of application. Tigard City Council Meeting Minutes November 8, 2005 —Page 7 Agenda Item Discussion a Comments Action Items (follow up) 6. Amend The Homebuilders Association supports the TMC Chapter proposed amendment. 3.24, Systems Development ORDINANCE NO. 05-15 — AMENDING Charges, SECTION 3.24.090 OF THE TIGARD Relating to MUNICIPAL CODE CLARIFYING THAT Assessments CITY SYSTEM DEVELOPMENT CHARGES Continued ARE ASSESSED BASED ON THE FEE IN EFFECT AT THE TIME OF PERMIT APPLICATION. 7. Add City Forester Stine and Tree Board Chair Gillis Motion by Councilor Chapter 9.08 presented the staff report. Chair Gillis Sherwood, seconded by to TMC, described the Heritage Tree Program, which Councilor Woodruff, to Heritage Trees was created by the Tree Board to identify and adopt Ordinance No. bring public awareness to very large and old 05-16. trees within the City limits. Heritage Trees should be distinguished and will be subject to The motion was review and approval by the Tree Board and approved by a unanimous vote of Council present. City Council. Mayor Dirksen Yes There is a requirement that a permit must be Councilor Harding Yes obtained for removal of a Heritage Tree. It Councilor Sherwood Yes was suggested that if a Heritage Tree is Councilor Wilson Yes diseased or damaged, that the cost of the Councilor Woodruff Yes removal permit be nominal; i.e., $1. Provisions for tree removal were reviewed. The City Forester would issue the removal permit and no fee is involved. Funds for this program are will become part of the function of the urban forestry division and budget. City Forester Stine confirmed that a press release on this program would be submitted if the City Council adopted the proposed ordinance. ORDINANCE NO. 05-16 — AN ORDINANCE ADDING A NEW CHAPTER 9.08 TO THE TIGARD MUNICIPAL CODE TO ADOPT THE HERITAGE TREE PROGRAM. Tigard City Council Meeting Minutes November 8, 2005—Page 8 Agenda Item Discussion & Comments Action Items (follow up) 8. Conveyance City Engineer Duenas presented the staff Motion by Mayor of an Access report to the City Council. The issue before Dirksen, seconded by Easement to the City Council was whether to approve a Councilor Sherwood, to the Fields' conveyance of an access easement through the approve conveyance of Property library property following along the Wall access easement. Street alignment to provide access to the Fields' property adjacent and to the east of The motion was the library site. approved by a majority vote of Council present. Council discussed this matter with City Engineer Duenas. Issues included: Mayor Dirksen Yes o Prior agreement with Mr. Fields to provide Councilor Hardnig No reasonable access to his property. Councilor Sherwood Yes Councilor Wilson Yes o City's plans to build Wall Street adjacent Cowicilor Woodruff Yes to library property and also to increase size of the library parking lot. o Preservation of a potential alignment for Wall Street. o Councilor Sherwood and Councilor Woodruff indicated support if this satisfies the legal obligation to Mr. Fields. o Councilor Harding expressing concerns that she did not have sufficient information to make a decision on this matter. Business meeting concluded at 8:36 p.m. followed by an *Executive Session and review of Study Session items. *See notation on Executive Session on Page 4. 12. Adjournment Meeting adjourned at 10 p.m. Catherine Wheatley, City Recorde Attest: Mayor,/City oT7igard Date: /c� . /3 -Ot lAadmIcatbft==05101 I OBTeCap.doe Tigard City Council Meeting Minutes November 8, 2005 —Page 9