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City Council Minutes - 01/22/2013 " City of Tigard Tigard City Council Meeting Minutes January 22, 2013 Mayor Cook called the meeting to order at 6:30 p.m. Name Present Absent Mayor Cook ✓ Council President Henderson ✓ Councilor Buehner ✓ Councilor Snider ✓ Councilor Woodard ✓ Staff Present: City Manager Wine,Assistant Public Works Director Rager,Parks Facilities Manager Martin,City Engineer Stone,Engineering Manager McMillan,City Attorney Bennett,City Recorder Wheatley • EXECUTIVE SESSION:The Tigard City Council went into Executive Session at 6:30 p.m. to discuss labor negotiations and real property transaction negotiations under ORS 192.660(2)(d) and (e). Executive Session concluded at 7:30 p.m. • STUDY SESSION Administrative Items were reviewed: - Cities of Honor(airport ceremony) is scheduled for mid-day,probably around noon on May 16,2013. - Council Calendar: January 29 — Special Council Meeting, 6:30 p.m. Red Rock Creek Conference Room February 5— City Center Development Agency Meeting and Special Council Meeting—6:30 p.m. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 15 February 12 -- Joint Meeting with City of Beaverton City Council—City of Tigard will host at Tigard Town Hall—6:30 p.m. light dinner;7 p.m. meeting. February 19 -- Tigard City Council Workshop Meeting—Tigard Town Hall—6:30 p.m. February 26-- Tigard City Council Business Meeting—Study Session,6:30 p.m.in the Red Rock Creek Conference Room;Business Meeting,7:30 p.m. in the Town Hall. Study Session concluded at 7:33 p.m. 1. BUSINESS MEETING—JANUARY 22,2013 A. Id Mayor Cook called the meeting to order. (7:36 p.m.) B. City Recorder Wheatley called the roll: Name Present Absent Mayor Cook ✓ Council President Henderson ✓ Councilor Buehner ✓ Councilor Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked for everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook asked for Council Communications &Liaison Reports. Councilor Buehner advised she would present a report during Agenda Item No. 8; however,due to the lateness of the hour, she advised she would give her report at the next council business meeting. E. 10 Mayor Cook asked Council and Staff for Non-Agenda Items. There were none. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. IM Tigard High School Student Envoy—Associated Student Body Human Relations Officer Courtney Bither updated the City Council on recent activities at TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 2 of 15 the high school. A copy of her summary report is on file with the record copy of the council meeting packet. C. El Tigard Area Chamber of Commerce—Tigard Area Chamber of Commerce Chief Executive officer Debi Mollahan presented an activity report for the Chamber. A copy of her summary report is on file with the record copy of the �qq council meeting packet. I D. Citizen Communication— • Jack Norby,4040 Kenthorpe,West Linn,OR 97068,referred to a recent visit to the City of West Linn by Councilor Buehner to offer testimony regarding the new water treatment plant in West Linn. Mr. Norby's testimony is contained in written comments that are on file in the record copy of the January 22,2013 meeting packet. The issues he raised concerned the water plant at West Linn, the cost of the new water treatment plant,and his recommendation that the City of Portland and the Willamette River be considered as a water source for the City of Tigard. He also presented a copy of his letter"To the Mayors and City Council of Lake Oswego,Tigard and West Linn." A copy of this letter is on file in the record copy of the January 22,2013,meeting packet. After Mr. Norby's testimony,there was a brief discussion between him and Councilor Buehner about the situation during the West Linn City Council meeting brought up during Mr. Norby's testimony. They each offered their perspective on what transpired during and after the meeting. Mr. Norby's comments are contained in his written testimony and Councilor Buehner noted she felt threatened by a person who approached her as she was leaving the meeting. • 10 Karleen Norby, 4040 Kenthorpe Way,West Linn,OR 97068,read from a prepared statement. This statement is on file in the record copy of the January 22,2013 meeting packet. She also submitted a snapshot of Councilor Buehner as she submitted testimony at the West Linn City Council meeting on January 14,2013. A copy of this snapshot is on file in the record copy of the January 22,2013 meeting packet. Ms. Norby expressed her disappointment in statements made by Councilor Buehner and disputed the statements Councilor Buehner made at the West Linn Council meeting. • 8 Shannon Vrohman 4101 Mapleton Drive,West Linn,OR 97068 testified on the water treatment plant and the LO/City of Tigard water project. She challenged the public to fully investigate the project and to question the TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov I Page 3 of 15 decisions made by their government. She said the project is estimated to cost $250,000,000 with 53 percent allocated as the City of Tigard's responsibility. This cost will be borne by ratepayers. She suggested Tigard consider other sources for its water supply. Ms.Vrohman said that,as a citizen of West Linn, she has been involved in fighting this project. She stated that on behalf of the water partnership,Lake Oswego has offered$5 million to the City of West Linn to pay as a franchise fee. Ms.Vrohman said that she is one of about 60 homeowners that are being sued by Lake Oswego—she referred to "CC&R's" (covenants,conditions and restrictions) as the central issue to the suit. Ms.Vrohman commented on the impact the water plant,as an industrial use,would have on her as a property owner. a Mayor Cook reviewed the items listed on the Consent Agenda: 3. CONSENT AGENDA: A. Approve City Council Meeting Minutes for: 1. October 23,2012 2. December 11,2012 B. Approve Ten-Year Extension of the Broadband Users Group Intergovernmental Agreement Motion by Councilor Buehner,seconded by Councilor Woodard,to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present. Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes 4. APPROVE PURCHASE OF THE BAGAN PROPERTY AND AUTHORIZE THE CITY MANAGER TO COMPLETE THE PROPERTY PURCHASE-RESOLUTION IRParks Manager Martin presented the staff report. Council was asked to consider a proposed resolution to: • Approve the purchase of the Bagan property as outlined in the purchase agreement and escrow instructions distributed to the City Council with the staff report. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov I Page 4 of 15 • Authorize the city manager to take all necessary action to complete the purchase on behalf of the city. If the resolution is adopted: • The property would become a publicly owned park and open space. • The city will purchase the property for$192,000 per the terms of the purchase agreement and escrow instructions. There was brief discussion of the Park and Recreation Advisory Board's (DRAB) ranking of this property. Of the more than 60 potential park properties evaluated by PRAB,the Bagan property was near the top of the acquisition list. Motion by Councilor Woodard,seconded by Councilor Buehner,to adopt Resolution No. 13-01. City Recorder Wheatley read the number and title of the resolution: RESOLUTION NO. 13-01 -A RESOLUTION APPROVING THE PURCHASE OF THE BAGAN PROPERTY, (TAX LOT 1S135131301400),AND AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO COMPLETE THE PROPERTY PURCHASE ON BEHALF OF THE CITY The motion was approved by a unanimous vote of City Council present. Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes 5. QUASI-JUDICIAL PUBLIC HEARING-ANNEXATION OF RIVER TERRACE PHASE II (URBAN GROWTH BOUNDARY AREA 63 AND ROY ROGERS WEST) Mayor Cook reviewed the information describing the subject of the public hearing listed below APPLICANT: Multiple applicants PROPOSAL:A request to annex to the City of Tigard approximately 268 acres of property (Metro Urban Growth Boundary expansion areas 63 and Roy Rogers West (including adjacent rights-of-way). TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 5 of 15 LOCATION:Multiple parcels generally located east of SW Roy Rogers Road,west of SW 150th Avenue and north of SW Beef Bend Road and portions of SW Roy Rogers and SW 150th Avenue rights-of-way.Washington County Tax Assessors Map (WCTM) 2510700,Tax Lots 1200 and 1400.WCTM 2510800,Tax Lots 1400, 1401, 1402, 1403, 1404, 1405, 1406, 1500, 1501, 1503, 1504, 1505, 1506, 1507,2900,2901,3000,3100,and 3200.WCTM 2S108CA,Tax Lots 100,200, 300,and 400.WCTM 2S108CD,Tax Lots 100,200,300,and 400. COUNTY ZONE: FD20 Future Development,20-acre minimum lot size.The FD20 District applies to the unincorporated urban lands added to the urban growth boundary by Metro through a Major or Legislative Amendment process after 1998. The FD20 District recognizes the desirability of encouraging and retaining limited interim uses until the urban comprehensive planning for future urban development of these areas is complete.The provisions of this district are also intended to implement the requirements of Metro's Urban Growth Management Functional Plan. EFU Exclusive Farm Use.The intent of the Exclusive Farm Use District is to preserve and maintain commercial agricultural land within the County.The purpose of the Exclusive Farm Use District is to preserve and maintain agricultural lands for farm use consistent with existing and future needs for agricultural products, forests and open spaces;to conserve and protect scenic resources;to maintain and improve the quality of the air,water and land resources of the County and to establish criteria and standards for farm use and related supportive uses which are deemed appropriate.This EFU District is provided to meet the Oregon statutory and administrative rule requirements. EQUIVALENT CITY ZONE:Annexation areas will retain current Washington County zoning until Tigard zoning is applied with the future adoption of a community plan for the area. APPLICABLE REVIEW CRITERIA:The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390,Comprehensive Plan Goal 1,Goal 11,Goal 12,and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. a. 8 Mayor Cook opened the public hearing. b. 19 City Attorney Bennett reviewed the hearing procedures C. Declarations or Challenges—Mayor Cook asked the council the following questions: Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? Council President Henderson advised he had nothing to report. Councilor Snider advised he has driven by the site. 12 Councilor Buehner advised she was very familiar with the site. She advised she was contacted by Mr.Wellner and members of his company TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 6 of 15 about two years ago to talk about the area in general; their conversation was not about this specific application. IR Mayor Cook said he has spoken to Mr.Wellner and his associates in general terms and this conversation would not be considered as ex parte contact. The mayor said he has a client in the area;however, the client has not contacted the mayor about this annexation. City Attorney Bennett asked Mayor Cook if the contact with the applicant was before the application was filed. Mayor Cook advised the contact was before the application was filed. 10 Councilor Woodard advised he has walked the area and has nothing to report. Have all members familiarized themselves with the application?Council members 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. d. Associate Planner Caines presented the staff report. Council was asked to consider a proposed ordinance to annex approximately 260 acres of land (River Terrace Phase II) into Tigard,including adjacent right of way consisting of land east of SW Roy Rogers Road and north of SW Beef Bend Road. Comments during the staff report included the following: • Reviewed that the area to be annexed consists of 29 parcels. • Tualatin Valley Fire&Rescue District is currently servicing the area and this will continue. The Tigard Police Department will begin serving if the ordinance is adopted and once the effective date is declared by the Oregon Secretary of State. • The action tonight does not represent a change of zoning per City Attorney Bennett. • The concept plan is in effect for this area. e. Public Testimony Proponents • 10 Matt Wellner, 17933 NW Evergreen Parkway,Beaverton,Oregon, testified he is a planner with Metropolitan Land Group. His organization owns land within this annexation area and they have been heavily involved with the West Bull Mountain area since it was brought into the Urban Growth Boundary (UGB) and through the concept planning process. His TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov I Page 7 of 15 firm participated in the stakeholder working group during the concept planning and they look forward to participating with the City of Tigard in the community planning efforts for River Terrace. Mr.Wellner said his company strongly supports the annexation request. They consider it to be an important and necessary step for the ultimate urbanization of this area,most of which was brought into the UGB in 2002. Mr.Wellner reviewed the process they undertook to spearhead this annexation effort for a triple majority annexation. A concerted effort was made to inform everyone in the area about the annexation proposal. f. Associate Planner Caines advised staff recommended favorable consideration of the proposed annexation,ZCA2012-00003 g. IR Mayor Cook closed the public hearing. h. Council Discussion and Consideration: JRCouncilor Woodard said this is a good scenario with the triple majority process completed for this proposal. He said his only concern was the impact the annexation would have on the city's budget;however,he said he thought this impact was probably insignificant. 10 Councilor Buehner said she has been interested in this area for about the last 15 years,when she was involved in setting up CP04K. She said the annexation was needed for the future growth of the City of Tigard. She looks forward to welcoming the residents of that area to the city. 1 Council President Henderson complimented those involved in the triple majority annexation process. IM Councilor Snider noted he agreed with Council President Henderson's comments saying he thinks this is an example of democracy at work. I Mayor Cook concurred with Council President Henderson and Councilor Snider. He said he appreciated the time and effort that went into the triple majority annexation and he applauds the citizens who were involved. He said he welcomes those who will be annexed. IR Motion by Councilor Buehner, seconded by Council President Henderson,to approve annexation of River Terrace,Phase II,Urban Growth Boundary Area 63 and Roy Rogers West. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 8 of 15 City Recorder Wheatley read the number and title of the proposed ordinance: ORDINANCE NO. 13-01 -AN ORDINANCE ANNEXING 268.14 ACRES OF LAND, INCLUDING TWENTY-NINE (29) PARCELS AND ADJACENT RIGHTS OF WAY;APPROVING THE RIVER TERRACE ANNEXATION—PHASE II (ZCA2012-00003). City Recorder Wheatley took a roll call vote of the City Council on the motion. The motion was approved by a unanimous vote of City Council present: Mayor Cook Yes Council President Henderson Yes Councilor Buchner Yes Councilor Snider Yes Councilor Woodard Yes 6. INFORMATIONAL PUBLIC HEARING-SUPPLEMENTAL BUDGET AMENDMENT TO FY 2013 ADOPTED BUDGET • GO Mayor Cook opened the public hearing. • Hearing Procedures—This is an informational public hearing in which any person shall be given the opportunity to comment. • Staff Report: Finance&Information Services Department Director Lafrance presented the staff report. Council was asked to consider a second quarter supplemental amendment to the FY 2013 Adopted Budget. The purpose of the supplemental budget amendment was to account for revenues and expenses that were unknown at the time of budget adoption. Finance and Information Services Department Director LaFrance reviewed the list of items requiring council action and were represented in a proposed resolution. Council members asked questions for clarification. • Public Testimony—There was no public testimony. • Finance and Information Services Department Director LaFrance advised the staff recommendation was to approve the second quarter amendment to the FY 2013 Adopted Budget. • Mayor Cook closed the public hearing. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 9 of 15 AM • 'a---'' Council Consideration: Motion by Councilor Buehner, seconded by Councilor Snider,to approve Resolution No. 13-02. RESOLUTION NO. 13-02 -A RESOLUTION TO ADOPT A SUPPLEMENTAL BUDGET AMENDMENT TO FY 2013 TO ACHIEVE THE FOLLOWING: ADJUSTMENTS TO THE CAPITAL IMROVEMENT PLAN,CITY OPERATIONS IN POLICE,COURT,AND CITY RECORDER,AND NON-APPROPRIATION ITEMS. The motion was approved by a unanimous vote of City Council present. Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes 10 7. INFORMATIONAL PUBLIC HEARING ON THE URBAN FORESTRY CODE REVISIONS ADMINISTRATIVE RULE PROCESS The administrative rulemaking procedure is described in Tigard Municipal Code Section 2.04.070, and includes notice to both council and the public. Staff formally notified council of the proposed administrative rules on December 13,2012. Councilors Woodard and Henderson both notified City Manager Marty Wine by the deadline that they desire to put the administrative rules for discussion as part of the next available council agenda. Public notice of the administrative rules discussion was sent on January 7,2013. Council is scheduled to discuss the administrative rules on January 22,2013 and,if needed,on February 5,2013. • IM Mayor Cook called the meeting to order. • Hearing Procedures—This was an informational public hearing and any person had the opportunity to comment. • Staff Report: City Manager Wine presented the staff report. o Staff asked for City Council direction to the City Manager whether to approve,reject or modify the administrative rules included in the Urban Forestry Manual. Staff also TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page ]0 of 15 asked for City Council consideration of a resolution that would amend the citywide Master Fees and Charges Schedule to implement the changes adopted in the Urban Forestry Code Revisions (UFCR) that were previously adopted. o For the new UFCR revisions to go into effect on March 1,both the administrative rules and the proposed resolution need to be approved by the City Council. o City Manager Wine reviewed the administrative rule process in general. IN o City Manager Wine reviewed the amendments to the Urban Forestry Manual based on council direction during the public hearing process. o The staff recommendation was for council to direct the City Manager to accept the Administrative Rules with four revised sections. • Associate Planner Daniels continued the staff report and reviewed the proposal to amend the citywide Master Fees and Charges Schedule as described in her January 22,2013, memorandum to the Tigard City Council regarding the UFCR Master Fees and Charges, which was included in the council meeting packet as Attachment 4 to the Agenda Item Summary. • J Mayor Cook called for public testimony. There was no testimony. • Associate Planner Daniels reiterated the staff recommendations for council acceptance of the administrative rules with the four amendments described by staff and approval of the proposed resolution amending the citywide Master Fees and Charges Schedule. • 18 Council questions and discussion followed: o Councilor Buehner commented that the information provided regarding English (aka "London") plane trees was non-responsive. She noted the problems encountered on her street with 23 English plane trees were planted,causing issues with water and drainage pipes. All of these trees were removed and all the sidewalks and pipes had to be replaced;this was very expensive to all of the neighbors. Councilor Buehner proposed that this tree be removed from the list of street trees. ■ Consultant Prager advised the trees selected for the list were evaluated for success across the Portland region for specific applications. These trees are resilient and do well in parking lots and as street trees. He agreed that if these trees are not provided adequate space to grow,they will cause damage to pipes and sidewalks. The manual prescribes larger setback from utilities and sidewalks to avoid problems with large-growing trees. This is a new provision to the code. ■ After discussion,there was consensus the new proposed setbacks address the issue and reduced the risk of damage to sidewalks and pipes. o Councilor Woodard referred to Administrative Issue A4—"Is requiring tree protection inspections by arborists/landscape architects twice monthly during developments excessive?" There was lengthy discussion regarding A4 and whether this matter should return to the City Council before having this provision included in the administrative rules. After discussion and the assurances that the administrative TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 11 of 15 rules would be evaluated and amended if problems are encountered,the consensus was to move forward with the implementation of the administrative rules. =,J Principal Planner McGuire referred to staffs intention to monitor the administrative rules. o ED Councilor Snider reviewed his concerns with hazard tree abatement. He advised his understanding was the costs arising from a complaint about a hazard tree would be borne on the person making the complaint. He asked about the situation where someone has attempted to resolve a problem with their neighbor without city assistance and eventually an arborist proves there is a problem, so why would the full cost to remedy the matter be placed upon the complainant? Councilor Snider said a secondary issue was that there should be a fee waiver available when there is a legitimate concern,but a complainant cannot afford the cost for hazard tree abatement. ■ Associate Planner Daniels said she had given misinformation on this matter. A person making a complaint must pay for costs initially and,if a hazard is found to exist,the complainant will be reimbursed by the city. The person who owns the hazard tree would be assessed the fee by the city. ■ City Manager Wine said fee waivers can be handled through the standard city process in place. Discussion ensued on the proposed amendments to the Master Fees and Charges Schedule. IR In response to a question from Mayor Cook—Associate Planner Daniels distributed a summary of changes to further clarify changes to the master fees and charges schedule. While there are more fees,this does not mean the costs to develop will be more since the amount of the fees for specific actions are less than what is being charged under the existing requirements. In response to a question from Councilor Henderson an arborist,in some circumstances, must be hired;however,this is a requirement in the existing code also,including when a developer creates a partition (2 or 3 lots) or a subdivision. No arborist is required for an addition to a single-family home. In response to a question from Councilor Woodard about a tree establishment bond, Associate Planner Daniels advised that the city currently has such a bond,but it is not part of the fee schedule. Staff is proposing to make these charges a part of the fee schedule so everyone knows what to expect. The money paid for the bonds is refunded when the developer has demonstrated the requirements were met. Councilor Woodard asked about urban forestry inventory fees. Consultant Prager said this is a new fee. This fee would contribute to building the tree inventory so people can more easily identify trees that are protected on their property. In response to a comment by Councilor Snider, Consultant Prager explained that the council,by adoption of the TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page 12 of 15 Comprehensive Plan/Master Plan,directed that the city should provide a publicly accessible tree inventory so people could find this information more easily. Councilor Woodard noted some concerns about whether this fee will end up costing developers and property owners more than anticipated;he indicated he felt more comfortable with letting this proceed because this can be reviewed when needed;i.e.,annually. Principal Planner McGuire suggested that one way to look at the costs associated with establishing a tree inventory: Currently,if a homeowner knows that some trees on their lot might be protected,they must come to the Permit Center to ask staff to help them identify the trees. Staff then must research records,which might be in a paper or electronic format. Instead of taking staff time to do this research,this inspection could be done at the beginning when subdivisions and plans are being approved by simply referring to the city's GIS system. This fee offsets inputting the information into the GIS system. City Manager Wine,in response to a question from Councilor Snider, said the requirement to build a tree inventory is new and a developer applicant is not paying for staff research time now. Responding to a question from Councilor Buehner, staff confirmed during the application process that if a tree is identified to remain on a piece of property,then the developer/applicant must pay$137 to place the tree within the GIS system. Councilor Henderson commented on how the City of Tigard compares itself to other cities —should this be something we should do? Associate Planner Daniels said the Planning Commission requested this review be done when it was considering this matter;Tigard is comparable with regard to the fees being imposed. Councilor Henderson said he thinks it's often a good idea to look to see how the city compares to other jurisdictions,he thinks we could always strive to do better regardless. C= Motion by Councilor Snider,seconded by Councilor Buehner, to approve the administrative rules proposed in the Urban Forestry Manual. > Note: Mayor closed the public hearing prior to the City Council taking a vote on the motion. The motion was approved by a unanimous vote of City Council present. Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes Associate Planner Daniels referred to the potential amendments to the called out in the staff report and documentation submitted to the council for its consideration of the proposed administrative rules. Clarification was made that the City Council is directing the City Manager to approve the administrative rules. City Attorney Bennett referred to the motion above on the TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov I Page 13 of 15 administrative rules. This motion was made and seconded and the City Council approved that motion. By approving the motion,the City Council was directing the City Manager to approve the administrative rules. This action has been taken. The administrative rules proposed to the City Council were based upon the staff memorandum. City Attorney Bennett said he would read that to mean the Council has directed the City Manager to approve the manual,consistent with the staff report presented to the City Council tonight. City Attorney Bennett said,"To make it dear...you direct the City Manager to implement the administrative rules proposed in the Urban Forestry Manual,based upon the staff report presented to you tonight and the modifications that were included that staff report." Council members indicated this was its direction. City Attorney recommended that the City Council entertain a new motion to clarify the decision made by council earlier to direct the city manager. Motion by Councilor Woodard,seconded by Councilor Buehner,that the City Manager is hereby directed to approve the administrative rules proposed in the Urban Forestry Manual, consistent with the recommended changes in the staff report dated January 22,2013. The motion was approved by a unanimous vote of City Council present. Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes Consideration of a resolution to amend the citywide master fees and charges schedule. Councilor Buehner noted that the City Council usually considers the master fees and charges scheduled during the consideration of the budget each year. City Manager Wine advised these charges before the City Council this evening will be included in the schedule submitted to the City Council during the FY 2014 budget adoption process. Motion by Councilor Buehner,seconded by Councilor Woodard,to adopt Resolution No. 13- 03,a resolution to amend the Citywide Master Fees and Charges Schedule as Adopted by Resolution No. 12-22 to institute new and revised fees necessary to implement the Urban Forestry Code Revisions Project. TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 14 of 15 The motion was approved by a unanimous vote of City Council present. Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes 8. COUNCIL LIAISON REPORTS—Councilor Buehner advised she would present her report at the next business meeting. 9. NON AGENDA ITEMS—None. 10. EXECUTIVE SESSION --Not held. Im 11. ADJOURNMENT: 9:58 p.m. Motion by Councilor Buehner, seconded by Council President Henderson, to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor Cook Yes Council President Henderson Yes Councilor Buehner Yes Councilor Snider Yes Councilor Woodard Yes Oct- t""-1 U atherine Wheatley,City Re rder Attest: 1 Mayyorr,, iit�y of Tigard DateO' TIGARD CITY COUNCIL MEETING MINUTES-JANUARY 22,2013 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov I Page l5 of l5