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City Council Minutes - 09/08/2009 Agenda Item No. Meeting of ! �a City ofTiga,rd `ligard Business Meeting — Minutes TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/T : September 8,2009/6:30 p.m. Study Session and 7.30 p.m. Business Meeting MEETING LOCATION: City of Tigard—Town lull, 13125 SST Hall Blvd., Tigard, OR 97223 STUDY SESSION Council Present Mayor Dirksen,Councilor Buehner,Councilor Webb,Councilor Henderson,Council President Wilson Staff Present: City Manager Prosser, Assistant City Manager Newton, Public Works Director Koellermeier, Finance and Information Services Director LaFrance,Engineer McMillan,and.Deputy Recorder Krager Mayor Dirksen called the Study Session to order at 6:30 pm. EXECUTIVE SESSION. City Manager Prosser read the citation for an Executive Session called under ORS, 192.660(2) (e) to discuss real property transaction negotiations.The Executive Session ended at 6.41 p.m. STUDY SESSION(continued) Mayor Dirksen shared that there is a tentative proposal from the Oregon Department of Transportation (ODO' to change the STIP list,adding$3 million for the 99W/Gaarde Road intersection He said the project was also on a short list at the federal level,and that having a state match available helps in obtaining federal funds. Mayor Dirksen asked if any Councilors would be attending the Westside Business Forum and recommended their attendance if possible. City Manager Prosser noted that the Mayor`and Assistant City Manager Newton would be meeting with Senator Burdick and Oregon Transportation Commission Chair Achterman to explore funding for a sturdy of Barbar Boulevard/Highway 99W as a light rail corridor.City Manager Prosser said there will be an event hosted by Mayor Dirksen and'Portland Mayor Adams,regarding this corridor's potential as a high-capacity transit corridor. The event will include a bus tour of the area. I TIGARD CITY COUNCIL/LC MINUTES— September 8, 2009 City ofTigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 wxxv.dgard-or.gov I Page 1 of6 Mayer Dirksen and Councilor Webb said they would grill food for the public at Family Fest. Councilor Henderson has a previous commitment with the Farmers Market at Family Fest The Tigard.Town Hall meeting date has changed from October 6 to October 13, 2009 to accommodate the legislators. There will be a dinner at a local restaurant prior to the Town Hall. Councilor Buchner noted that she may out of town on October 1 . The Study Session ended at 7:05. Mayor Dirksen called a recess'. 1. BUSINESS MEETING: 1.1 At 7:29:53 PM Mayor Dirksen called the Tigard City Council business meeting to order. 1.2 Deputy City Recorder Krager called the roll:- Present ollsPresent Absent ' Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports—Councilor Buchner said the Washington County Urban and Rural Reserves Committee voted today to adopt the recommendation of staff with one change relating to the northern boundary, and added T` d's land, which was not on the original map. She said it will now be forwarded to the Steering Committee. 1.5 Call to Council and Staff for Non-Agenda Items — City Manager Prosser said there will be a land acquisition item related to the Burnham Street Project presented under Non-Agenda Items. 2. Mayor Dirksen react the following proclamations: A. PROCLAIM SEPTEMBER AS NATIONAL ALCOHOL & DRUG ADDICTION RECOVERY MONTH B. PROCLAIM SEPTEMBER 17-23 AS CONSTITUTION CHEEK 3. CITIZEN COMMUNICATION Tigard High School Student Envoy Taylor Friesen gave a report on upcoming Tigard High School activities. This was his first report on the school year and a copy of his report is available in the City R.ecordes Office. He mentioned:that school starts tomorrow for freshmen and Thursday for sophomores,juniors and seniors. He said there is a,new way this year to kick off football games:Tigard Tailgater Dinners from 5:30-6:45. He said Homecoming is Thursday, October 8, 2009. TIGARD CITY CO CIL/LCRB MINUTES --Se tember 0 9 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4271 1 w-,m.tigard-or.gov I Page 2 of6 Councilor Buehner asked if the parade route will be along Durham Road and if neighbors affected by the parade were aware of it. Mayor Dirksen encouraged people to attend the Homecoming Parade. Councilor Buehner suggested Mr. Friesen submit the information on Tigard High Homecoming activities to the cable access channels. 0 Citizen Conununication—Sign Up Sheet—none 0 Follow-up to Previous Citizen Communication-none 4. 7:36:38 PM CONSENT AGENDA—Mayor Dirksen read each item on the consent agenda. 4.1 Receive and File: a. Council Calendar b. Tentative Agenda 4.2 Approve an Amendment to the Intergovernmental Agreement between the City of Tigard and the Tigard-Tualatin School District 23j and Beaverton School District 48J for the collection of the construction excise tax and Authorize the City Manager to sign—Resolution No. 09-60 4.3 Appoint Committee Members to the Transportation Advisory Cornnhittee (TAC)-Resoludon No. 09-61 Mayor Dirksen asked if any of the Transportation Advisory Committee members were present. TAC Member Anthony Rivano was in attendance. 4.4 Approve Amendment#1 to City Manager Employment Agreement Council President Wilson moved to approve the Consent Agenda. The motion was seconded by Councilor Webb and all voted in favor. Yes No Councilor Webb x Council President Wilson X Councilor Buel-tner x Mayor Dirksen x Councilor Henderson x 5. REPORT ON FAMILY FEST 7:38:59 PM Assistant to the City Manager Bengtson gave Council rundown on the fifth annual City of Tigard Family Fest,w1hich begins Thursday, September 10. She said events and entertainment include: • Thursday,September 10—Genealogy Workshop at the Tigard Public Library at 6.00 p.m.and then Camp Play-a-Lotat 7 p.m. • Friday,September 11 —Family Movie Night at the Library at 7:00 pm. • Saturday,September 12 -5K run (free t-shirts and free breakfast) Main Street Block Party at 1:00 p.m.wl-rich includes: Farmers Market (face painting and kettle corn) I TIGARD CITY COUNCIL/LCRB MINUTES — Se tem 8, 20U9 �� City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www,tigard-or.gov I Page 3 of6 Staff will be at'a booth talking about upcoming downtown projects and transportation topics. 5:30 p.m, Family picnic and ice cream at the library. Councilors will be serving hotdogs and hamburgers to the first 300 picnickers 7:00 p.m. Free Tualatin Valley Conimunity Band concert Fireworks at dusk Ms.Bengtson noted that there are already 215 entrants for the Fun Run. Councilor Buehner complimented the committee on their poster this year. Mayor Dirksen asked Ms. Bengtson to show the poster. xv-,vxvtigard-or.toN,/f,,iiTily fest A,-,enda,Item Order Revdsed Item No. 8 iviLl be considered afterAaenda Item Ivo.9 8. 7:45:05 PM CONSIDER PROPOSED ORDINANCE AMENDING CITY'S GAS TAXTO BRING IT INTO COMPLIANCE WITH STATE GAS TAX LE GISLATIVE CHANGES Mayor Dirksen asked Council if they concurred with moving this item up on the agenda. Finance and Information Services Director LaFrance noted that this was discussed at the August 18 Workshop meeting. Conflicts between the City's current Gas Tax Ordinance and the new State legislation were highlighted and potential solutions discussed. Councilor Buehner clarified that the City is just changing the language so it will comply with the legislature change. The amount and where it is going are not changed. Councilor Webb asked if the only way to get bonding is by changing the existing ordinance. Finance and Information Director LaFrance said she was correct Councilor Webb moved to adopt Ordinance No. 09-12. Council President Wilson seconded the motion. Deputy Recorded Drager took a roll call vote. The motion passed unanimously. Yes No Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x 7:49:30 PTVf 6. LEGISLXITVE PUBLIC HEARING—DEVELOPMENT CODE AMENDMENT PCA 2009-00003) OMNIBUS"HOUSEIC-EEPING" ITEMS Mayor Dirksen opened the public hearing at 7:49 p.m. City Attorney Rarnis read the rules of process for a land use public heating.Mayor Dirksen asked if any Council members wished to report a conflict of interest. No declarations or challenges to Council participation were noted. TIGARD CITY COUT` CIL/LCRB MINUTES — ok.Dtember 8, 2009 City of 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigarY—ongov I Page4of6 Assistant Planner Watkins gave the staff report on these minor amendments brought together in one "housekeeping"amendment to the Development Code. These amendments will increase the Code's consistency and uniformity,thus making it easier for staff and the public to use.He listed the amendments by type. No one signed up to give public testimony on thesign-up sheet available at the front of the room.: Mayor Dirksen asked if there was anyone present who wanted to testify either for or against this code amendment. No one did. Assistant Planner Watkins said the staff recommendation was to adopt the Ordinance. Mayor Dirksen asked if there was any Council discussion.Councilor Buchner said the crass-referencing was very helpful and recommended it for all future Cade updates. Council President Wilson asked about references to Durham Quarry,which is presently known as Bridgeport Village. Council and staff discussed this and Councilor Buchner asked if it could be changed tonight by motion. City Attorney Ramis said the language change could be included in a motion. Assistant Planner Watkins said staff could go back and list the area by both titles. City Manager Prosser suggested that diue to the uncertainty,this issue be put on a list for future changes. Council President Wilson said the reference might match pre-construction studies so perhaps it should remain in the document There being no er discussion,Mayor Dirksen closed the public hearing at 8.02 p.m.. Councilor Buchner moved for adoption of Ordinance 09-13. Council President Wilson seconded the motion. A roll call vote was taken and Ordinance 09-13 was approved unanimously. Yes No Councilor Webb x Council President Willson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x 7. Mayor Dirksen announced that Agenda Item No. 7 has been rescheduled to the November 10,2009 Council meeting. 8. CONSIDER PROPOSED ORDINANCE ANCE AME. . LNG CITY'S GAS TAX TO BRING IT INTO COMPLIANCE WITH STATE GAS TAX LEGISLATIVE CHANGES A,gmda Item Order Revised. Item.No.8 was considered afterAgenda Item.No.5 TIGARD CITY COUNCIL/LCRB MINUTES -- September , 200 City of'T'igard 1 13125 SW I1a11 Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 5 of6 9. COUNCIL LIAISON REPORTS— None. 10. NON-AGENDA ITEMS 8:03:49 PM City Manager Prosser said Council previously authorized him to approve land acquisition for the Burnham Street Project up to the amount of$75,000. He said the City initiated condemnation of a property for the extension of Ash Avenue and after initiation of the condemnation,the City and the landowner reached an agreement for a total of$421,500,which eliminates the condemnation action. He said a motion was needed to authorize him to sign a land purchase agreement in the amount of$421,500 for the Johnson Property. Councilor Buchner made a motion to authorize the City Manager to sign a real estate purchase (agreement) in the amount of$421,500- $379,500 of which was previously tendered to court and an additional$42,000 to complete the settlement and purchase. Councilor Webb seconded the motion. The motion passed unanimously. Yes No Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x Mayor Dirksen commented that this land is the last piece to fall into place for the City to begin the Burnham Street/Ash Avenue extension. City Manager Prosser said there was still one small piece of property that the City is waiting for a signed agreement from but this is the last property for the Ash Avenue portion of the project 11. ADJOURNMENT At 8:07 p.m. Councilor Webb moved for adjournment. Council President Wilson seconded the motion and all voted in favor. Yes No Councilor Webb x Council President Wilson x Councilor Buchner x Mayor Dirksen x Councilor Henderson x Carol A. Krager, Deputy City corder Attest: Ma , tJy ofigard Date: / ) ' 0 I:\ADM\CAT1IY\CCM\2009\090905 draft.doc TIGARD CITY COUNCIL/LCRB MINUTES — September 8, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 6of6