Loading...
City Council Minutes - 03/28/2006 Agenda Item No. -2j , I For Agenda of Tigard City Council Meeting Minutes Date: March 28, 2006 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 Tom Woodruff Absent: Councilor Wilson Agenda Item Discussion& Comments Action Items (follow up Study Session > Police Holding Facility Tour and Audit The Mayor and Council toured and inspected the Police Department temporary holding facility as recommended during a recent audit by the State Department of corrections. The State inspection report is on file in the City Recorder's office. > Review of Fiscal Year 2006-07 Community Event Funding Requests Staff presenter: Finance Director Sesnon. City Council reviewed the applications for Community Event Grants,which are on file in the City Recorder's office. According to the funding policy of the Budget Committee set in prior years,$49,400 is available for these requests. The applications received total$48,400. Council members discussed the application grants. Below are key points of the discussion: • There was discussion about concerns regarding the Balloon Festival which is now charging the Caring Community$2500 for tent rental in addition to a surcharge to those Tigard City Council Meeting Minutes March 28, 2006 Page 1 Agenda Item Discussion& Comments Action Items (follow up attending the fundraising event. Council consensus was to ask event organizer Dave Nicoli,to attend an upcoming Council meeting to discuss the Festival's budget and charges for the event. There was brief discussion about the amount of the City's contribution including the in-kind support from the Police and Public Works Departments. The Balloon Festival is one of the city- sponsored events for which there is a sponsorship agreement. In order to change City funding,the agreement states that one year's notice must be given. • 4`' of July—This is a free family event. • Tualatin Riverkeepers—During discussion,it was noted that this organization has filed legal actions against the City. It was agreed that such activity should be reviewed and a report given to the Budget Committee before final funding commitment of the grant requested. Staff was also requested to find out what other jurisdictions are contributing to the Riverkeepers. • The Chamber of Commerce requested funds for a Leadership Institute. The understanding was that this Institute would augment the City's program. More information about how much the Chamber would charge participants was requested by the City Council to be included as part of the presentation information for the Budget Committee. > Regulation of Payday Lending Businesses Staff presenter: Finance Director Sesnon Mayor Dirksen requested that staff research and bring forward for City Council discussion possible regulations for payday lending businesses within the City of Tigard. The staff report to the City Council outlined the activity of these lending businesses,the inaction at the Tigard City Council Meeting Minutes March 28, 2006 Page 2 Agenda Item Discussion& Comments Action Items follow up state level to adopt regulations,and how some municipalities have enacted ordinances to regulate these businesses within their jurisdictions. The City of Portland,which enacted an ordinance to regulate this type of business,has been sued by one of the businesses affected.After discussion,City Council consensus was for staff to monitor what the result is in other jurisdictions with regard to legal challenges. City Attorney Firestone advised it is likely there will be a trial court decision within the next year. > Discuss Action to Terminate the Urban Services Intergovernmental Agreement with Washington County. (See agenda Item No. 9). Staff will advise Council on the background of the Urban Services Agreement and why a change is now being recommended. > City Attorney Firestone noted that if public comment is offered on a possible application for a Wal-Mart store at a Tigard location, Council members will need to declare any information they hear as an ex parte contact if this matter should,in the future,come before the Council during a land use hearing. City Manager Prosser advised that there has been speculation about a Wal-Mart store locating in Tigard,but City officials do not know for certain if it is a Wal- Mart. Study Session— > Items for Tonight's Business Meeting Administrative - A revised agenda was distributed with the Items following changes noted: - Added 1.5—Status Community Attitude Survey and Schedule Meeting—A Special City Council Meeting will be held on April 4,2006,to discuss the survey. - Added 9—Discussion of Urban Services Intergovernmental Agreement Revised Packet Materials - Item 3.5—Attached is a revised Tigard City Council Meeting Minutes March 28, 2006 Page 3 Agenda Item Discussion & Comments Action Items follow up Resolution for the Skate Park Grant Application. The 4r'"Whereas"clause now reads: "WHEREAS, the City Council selected the City Hall parking lot area as the preferred City-owned site valued at$195,000;and" > Procedure for City Manager Review—Councilor Sherwood and Councilor Woodruff are reviewing formats and examples for evaluations and will present a proposal to the Mayor and Council. Councilor Harding requested to review all the forms. The City Manager Review is tentatively scheduled for April 25,2006. > Chamber Shining Stars Banquet RSVP: Mayor Dirksen (2);Councilor Sherwood(1);Councilor Harding(1);Councilor Woodruff(2). Also attending Police Chief Dickinson (1). Study Session concluded at 7:25 p.m. Business 1.1 Mayor Dirksen called the City Council,the Local Meeting Contract Review Board,and the City Center Development Agency to Order at 7:30 p.m. 1.2 Council Present: Mayor Dirksen,Councilors Harding,Sherwood,and Woodruff. Council Absent:Wilson 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports Councilor Sherwood mentioned we are in the process of redoing the Comprehensive Plan. 1.5 Status Report of Community Attitude Survey Councilor Sherwood noted that a firm has been chosen to conduct a Community Attitude Survey,which will be used to find out what people want. The Council will be meeting in the next week to help formulate survey questions. Tigard City Council Meeting Minutes March 28, 2006 Page 4 Agenda Item Discussion& Comments Action Items (follow u 2. 2.1 Tigard High School Student Envoy Krista Report/no action Citizen Foltz gave a report on recent and future Communication activities. A copy of report highlights is on file in the City Recorder's office. 2.2 Pam Brown,representing the Tigard Chamber Councilor Harding asked of Commerce noted that their Shining Stars staff to report to the Council Banquet will be held at Crown Plaza from 6-9 whether any City employees p.m. on April 21. Ms. Brown asked the Council have been called to active for their support of Oregon Army National guard duty. Guard's 41"Brigade Combat Team, being mobilized for active duty. The American The Blue Star Flag will hang Legion Post 158 and the VFW have given their in the window of the City support. Mayor Dirksen read and presented a Hall lobby. Proclamation Adopting the Headquarters and Headquarters Company 41"Brigade Combat Team for the purpose of helping to generate local support from Tigard area businesses and citizens for the soldiers and families of this unit. The American Legion gave the City a Blue Star Flag in honor of the 41"Brigade. 2.3 City Attorney Ramis cautioned that citizen comments at this point in the meeting are limited to items not on the agenda. He asked that those wishing to address a particular issue hold their comments until the agenda item comes up. If anyone wants to speak on a particular land use issue, their comments to the Council now would be considered ex parte communication and Council has been advised not to speak on those topics. Sue Bielke, of 11755 SW 114`h Place,Tigard, OR 97223, spoke about her concern that not enough citizens are involved in the comprehensive plan update or are educated about how to get involved. She said there may not be enough citizen input. Mayor Dirksen pointed out that the members of the Planning Committee are citizens of Tigard. He suggested that people read the Cityscape. Ms. Bielke said she was glad the City is doing a survey. Councilor Sherwood noted that Council has asked for a complete update of the Tigard City Council Meeting Minutes March 28, 2006 Page 5 Agenda Item Discussion& Comments Action Items (follow up plan this year. They have just started and there is citizen involvement planned. She said people will hear more about this as the year progresses. Representative Larry Galizio, of 16455 SW 93`d Avenue,Tigard, OR 97224, expressed concern about a pre-application submittal for a large retail store. He said he believed this proposed site is for a Wal-Mart but their strategy is not to put their name on the application. He wrote a letter to Wal-Mart's corporate leadership asking for confirmation but has not yet received a reply. He said he has formed a new group, "Tigard First," to seek honest answers and help make informed choices. He urged the City Council to take steps,before this application becomes final, to get more public input. He is very concerned about the impacts on traffic, small businesses, the environment,health care, as well as Tigard's proposed downtown revitalization. He asked the Council to take action now and look at the effects of these big box stores and demand more time for public scrutiny. Councilor Harding agreed that the Council does have responsibilities before them but on the other hand,Measure 37 must be factored in. She asked for his help in the state legislature fixing Measure 37. Mayor Dirksen said development of any kind is worthy of close scrutiny. He said the city has not spoken to Wal-Mart or anyone who is representing Wal-Mart. John Frewing signed up to speak but was not present. Sue Bielke turned in his written comments to the City Attorney. The City Attorney said the issue he signed up for already had a public hearing so his comments received tonight will not be entered into the public record. Tigard City Council Meeting Minutes March 28, 2006 Page 6 Agenda Item Discussion& Comments Action Items (follow up 3. 3.1 Approve Council Minutes for February 14 and Motion by Councilor Consent 21, 2006 Sherwood, seconded by Agenda Councilor Woodruff to approve the Consent Agenda with the revised Agenda Item 3.5. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Woodruff Yes 3.2 Approve City Center Development Agency Approved Minutes from February 21, 2006 3.3 Appoint New Members to the Building Appeals Board: Michael I tinglen,Doug Colling,Jeff Approved Jurrens,Eric Watson, Gerald McKee,and Alan Mitchell—Resolution No. 06-12 RESOLUTION NO. 06-12—A RESOLUTION OF THE TIGARD CITY COUNCIL APPOINTING MICHAEL KRINGLEN, DOUG COLLING,JEFF JURRENS,ERIC WATSON, GERALD MCKEE AND ALAN MITCHELL TO THE TIGARD BUILDING APPEALS BOARD 3.4 Approve Library Policies Approved 3.5 Approve Submission of a Grant Application to Approved Obtain Matching Funds to Construct the Jim Griffith Memorial Skate Park RESOLUTION NO. 06-13—A RESOLUTION AUTHORIZING THE SUBMITTAL TO THE OREGON PARK AND RECREATION DEPARTMENT (OPRD)AN APPLICATION FOR STATE FUNDS AVAILABLE THROUGH THE STATE OF OREGON'S LOTTERY LOCAL Tigard City Council Meeting Minutes March 28, 2006 Page 7 Agenda Item Discussion& Comments Action Items (follow u GOVERNMENT GRANT PROGRAM AS A MEANS FOR PROVIDING MATCHING FUNDS TO CONSTRUCT THE JIM GRIFFITH MEMORIAL SKATE PARK 3.6 Appoint Carol Krager as Deputy City Recorder Approved RESOLUTION NO. 06-14—A RESOLUTION OF THE TIGARD CITY COUNCIL APPOINTING CAROL KRAGER AS DEPUTY CITY RECORDER 3.7 Local Contract Review Board Approved a. Award Contract to Morse Brothers,Inc., for the Construction of the Fiscal Year 2005-06 Pavement Major Maintenance Program (PMMP) —Phase 2 b. Award Contract to NW Kodiak Construction for the Construction of Highland Drive Storm Drainage Improvements 4. PUBLIC HEARING—2006 US DEPARTMENT Motion by Councilor Public Hearing OF JUSTICE/EDWARD BYRNE MEMORIAL Woodruff, seconded by -2006 U.S. JUSTICE ASSISTANCE GRANT JAG) Councilor Sherwood to Dept. of approve the grant Justice/ Mayor Dirksen opened the public hearing. Police application. Edward D. Chief Dickinson reported that the city is eligible to Byrne Memorial receive $12,001. Holding a Public Hearing is a The motion was approved Justice condition of accepting these grant funds. The by a unanimous vote of Assistance Police Department recommends that the funds be Council present. Grant JAG) used for cellular air cards which will improve service to all parts of the city,which they are presently Mayor Dirksen Yes experiencing some difficulty reaching, through Councilor Harding Yes WCCCA.Additionally, these air cards would enable Councilor Sherwood Yes the department to transmit photos to officers in the Councilor Woodruff Yes field. Councilor Woodruff commented that the biggest expense is the monthly air time. He asked if this grant only pays for the first 12 months. Chief Dickinson said it could,but the city has received this grant every year. He said they could compare what is being paid to WCCCA and the service the city is receiving from them. When asked by Councilor Harding if the grant could be used for anything else, Chief Dickinson said they do have the opportunity to change their minds. He discussed current Tigard City Council Meeting Minutes March 28, 2006 Page 8 Agenda Item Discussion& Comments Action Items (follow up WCCCA upgrade activity. As no one had signed up to speak, Mayor Dirksen asked those present if there was anyone wishing to offer public testimony. There was none. Mayor Dirksen closed the public hearing. Councilor Woodruff advised caution with using grants for on- going obligations. 5. The City Attorney noted that after the Land Use Motion by Councilor Further Board of Appeals deliberated this item, staff Woodruff, seconded by Consideration prepared comments reflecting those findings and an Councilor Sherwood to and additional condition. The staff recommendation is adopt Resolution No. 06-15. Deliberation of to approve Resolution 06-15. a Resolution Adopting RESOLUTION NO. 06-15—A RESOLUTION The motion was approved Additional AND FINAL ORDER SUPPLEMENTING by a 3-1 vote of the Council Findings and RESOLUTION 06-09 APPROVING THE ASH present Imposing an CREEK ESTATES SUBDIVISION Additional (SUBDIVISION (SUB) 2003-00010/ PLANNED Mayor Dirksen Yes Condition for DEVELOPMENT REVIEW (PDR) 2003- Councilor Harding No the LUBA 00004/ZONE CHANGE (ZON) 2003- Councilor Sherwood Yes Remand of Ash 00003/SENSITIVE LANDS REVIEW (SLR) Councilor Woodruff Yes Creek Estates 2003-00005/ADJUSTMENT (VAR) 2003-00036/ Subdivision ADJUSTMENT (VAR) 2003-00037) -ON REMAND FROM LUBA;AND ADOPTING ADDITIONAL FINDINGS AND IMPOSING AN ADDITIONAL CONDITION 6. Mayor Dirksen opened the public hearing. The City Motion by Councilor Formation of Attorney asked for any declarations or challenges. Sherwood, seconded by Sanitary Sewer City Engineer Duenas presented a report on Councilor Woodruff to Reimbursement formation of this sewer reimbursement district. He adopt Resolution No. 06-16. District No. 36 noted that this will be constructed this summer. (SW 93rd Ave.) The updated budget estimate is $506,305.Two lots are too deep to be served by this line. In response The motion was approved to a question from Councilor Harding, City by a unanimous vote of the Engineer Duenas advised the budget estimate was Council present based on the soils report and engineering fees have been added. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood asked about two lots unable to Councilor Sherwood Yes be served by this line. Mr. Duenas said one could Councilor Woodruff Yes gain access to sewer from another street. He notified the other property owner but did not receive a Tigard City Council Meeting Minutes March 28, 2006 Page 9 Agenda Item Discussion& Comments Action Items (follow up response. Councilor Woodruff asked if any property owners of this proposed district were in attendance and several people stood. He asked Mr. Duenas to make sure we let them know what the next step is and keep them informed. Larry Caufield, 9145 SW Mountain View Lane, Tigard, asked how long construction would take. Mr. Duenas replied that it would take 45 days after the bid is awarded and the pre-construction meeting takes place. Mr. Caufield asked what the amount of the contingency was. Mr. Duenas said there was 15% for contingencies and 13 '/z%was added for administration and engineering fees. There being no further public testimony, Mayor Dirksen closed the Public Hearing. RESOLUTION NO. 06-16—A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 36 (SW 93" AVENUE) 7. Express City Engineer Duenas gave a PowerPoint Councilor Sherwood Support to presentation on ODOT's STIP (State motioned to approve Include Certain Transportation Improvement Program) project Resolution No. 06-17 and Key Projects in categories and list of projects. He highlighted those Councilor Harding seconded the 2008-2011 projects listed that will benefit Tigard: the motion. State Transpor- tation Improve- • I-5 SB/I-205 merge acceleration lane The motion was approved ment Program • I-5 Wilsonville interchange by a unanimous vote of (STIP) • Hall Blvd. paving (the section from Scholls Council present. Ferry to Durham Road especially) • Hwy 99 railroad bridge (current bridge is not Mayor Dirksen Yes designed for overweight loads and does not Councilor Harding Yes meet seismic requirements). The city can get Councilor Sherwood Yes involved in the design especially pier spacing Councilor Woodruff Yes and the potential for aesthetic improvement) Councilor Harding noted that we have received support from other jurisdictions for ODOT projects that benefit Tigard. Tigard City Council Meeting Minutes March 28, 2006 Page 10 Agenda Item Discussion& Comments Action Items follow up RESOLUTION NO. 06-17—A RESOLUTION PROVIDING CITY COUNCIL INPUT INTO THE DRAFT 2008-2011 STIP (STATE TRANSPORTATION IMPROVEMENT PROGRAM)AND EXPRESSING STRONG SUPPORT FOR INCLUSION OF CERTAIN KEY PROJECTS IN THE FINAL STIP 8. Surface Water Quality/Volunteer Coordinator Presentation on Staedter gave a PowerPoint presentation on Tigard's the City's Parti- participation in the Healthy Streams Plan. cipation in the She discussed the City's targeted goals relating to Healthy tree planting, outfalls and culverts. Benefits of Streams Plan healthy stream practices in the Tigard area include improved fish habitat and passage, stream structure stabilization, erosion control, and stream bank protection. She reported that 125 community volunteers planted 1,250 trees on March 4, 2006. She wanted to alert the Council to a future item for the next business meeting. There will be consideration of an Intergovernmental Agreement with Clean Water Services for a large restoration on Fanno Creek. Councilor Woodruff thanked her for the report and for her passion about taking care of the environment. Mayor Dirksen also expressed his appreciation and said it was a tribute to the community that such a large number of citizen volunteers came out to plant trees this winter. 9. Consider Interim Community Development Director Coffee Motion by Councilor Action to gave historical background on the Intergovern- Woodruff, seconded by Terminate the mental Agreement between Washington County and Councilor Sherwood to Urban Services Tigard that allowed Tigard to provide development direct staff to notify Intergovern- review, building inspection services and road Washington County that the mental Agree- maintenance to the unincorporated area of Bull Tigard City Council wishes ment with Mountain. Properties have been annexed,mostly to terminate the existing Washington Co. contiguous with Tigard, but a few were not Urban Services Intergovern- contiguous. Some projects have been controversial. mental Agreement and to work with Washington At the time the IGA was drawn up,Washington County officials to determine County acknowledged that accessibility to services if modifications could be in Ti and would be closer for this area than made for terms of a new Tigard City Council Meeting Minutes March 28, 2006 Page 11 Agenda Item Discussion& Comments Action Items follow up Washington County,which is located in Hillsboro. agreement. Washington County also assumed that this area, located in the urban growth boundary, should The motion was approved by a eventually annex to Tigard and the County would unanimous vote of Council Present. not oppose this annexation. At this time,most developable land is developed and most lots are Mayor Dirksen Yes subdivided. Councilor Harding Yes Councilor Sherwood Yes Washington County discussed terminating or Councilor Woodruff Yes amending this agreement at their workshop meeting, attended by City Manager Prosser and Interim Community Development Director Coffee,who delivered a draft letter from Mayor Dirksen. The County will be making a decision tonight on this matter as 90-day's notice must be given to terminate and the agreement ends or is extended in July. City Manager Prosser referred to a letter written to Washington County by the Friends of Bull Mountain, dated February 24, 2006. A copy was not sent to the City but Washington County provided one to the City Manager. He said this letter contained several points that are factually incorrect and he clarified those points below. The letter indicated that Tigard withheld building and occupancy permits -it did not. There was one instance where an occupancy permit was withheld. for Alberta Rider School because the project manager needed to obtain building permits. He said the letter stated that Tigard collected System Development Charges and didn't account for them. He said that is absolutely incorrect. Concerns were expressed in the letter that Tigard collected traffic impact fees (TIF's) and used them to make improvements within the City. In fact,the City has done that (with the approval of the County) on those roads that serve Bull Mountain and help residents access their residential areas and travel to areas within the City. Accounting for these funds was provided to the Friends of Bull Mountains numerous times. The letter stated that Tigard disregarded the requirements of the Bull Mountain Community Plan. City Manager Prosser said if you look at the development pattern on Bull Mountain you will see Tigard City Council Meeting Minutes March 28, 2006 Page 12 Agenda Item Discussion& Comments Action Items (follow up that it has developed as provided in the plan. High density areas are located on the lower part of the mountain and less density on the upper part. He said they are concerned that the City has not provided parks. This is part of a larger issue and as Council is aware, the City has developed a list of properties it is pursuing. He said the Friends stated that termination of the IGA would prevent future annexations. That is incorrect. As property owners continue to come to the City and voluntarily request annexation,it will continue to process those requests. He said this IGA has no effect on annexation. The Washington County Commissioners'meeting tonight was attended by Assistant to the City Manager Newton. She reported the County had voted to provide written notice of termination of the Urban Services Intergovernmental Agreement to the City of Tigard, effective July 1, 2006;and that the County desires to enter into negotiations with the City about a possible modified agreement. Ms. Newton said the Commissioners focused on the positive partnerships between Tigard and Washington County and that this did not imply any criticism of the City of Tigard. Councilor Harding expressed concerns about the process used to reach the agreement to terminate. She would have liked all parties concerned to meet on this at the same time. Councilor Sherwood said the City needs to focus on our Comprehensive Plan and urban renewal; things going on in our own city. Councilor Harding said she would like to see Tigard be the best it can be,living within its boundaries. She noted the amount of conflict brought forth by this issue and unincorporated area residents are now able to take their issues to the County. Councilors Woodruff and Harding asked if Tigard would be eliminating positions now that it is not Tigard City Council Meeting Minutes March 28, 2006 Page 13 Agenda Item Discussion& Comments Action Items (follow up collecting SDC's from Bull Mountain. City Manager Prosser said two new positions for plan review and inspection had been added to the proposed budget. They will be removed. However,if the agreement is delayed, these positions may be filled temporarily. Once City staff hears from the County, staff will return to the City Council for additional direction. Meeting adjourned at 9:40 p.m. Motion by Councilor Sherwood, seconded by Councilor Harding, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Woodruff Yes Catherine Wheatley, City ecorder Attest: Mayor, ity of Tigard Date: i:\adm\calhy\ccm\2006\060328.doc Tigard City Council Meeting Minutes March 28, 2006 Page 14