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City Council Minutes - 12/13/2005 Agenda Item No. 3, J�II -- For Agenda of 1/10!JL)LO CITY OF TIGARD OREGON Tigard City Council, City Center Development Agency Meeting Minutes Date: December 13, 2005 Time: 6:30 PM Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirlcsen Presiding Councilor Sally Handing Councilor Sydney Sherwood Councilor Nicic Wilson Councilor Tom Woodruff Absent: -- Agenda Item Discussion U Comments Action Items (foIIow up) Study Session Discuss the Right-of-Way Administrator Werner After discussion by the League of Oregon reviewed the request from the League of City Council on this Cities Request for Oregon Cities, which was outlined in her matter, there was general a Contribution for November 11, 2005, memorandum agreement by City Legal Fees distributed to the City Council. City Council members to make Manager Prosser noted that Qwest franchise the requested fees for the City of Tigard were contribution for $6,656. approximately $13,000 per year. Verizon A budget amendment will has continued to pay its Tigard franchise be prepared for Council fees (approximately $332,000 per year); consideration at a future however, Verizon representatives indicated City Council meeting they would no longer pay these fees if (Consent Agenda item). Qwest prevails in the litigation. StLrdv Session -- Library Director Barnes reviewed the The nronosed WCCLS Discuss Washington proposed WCCLS Agreement with the City IGA will be presented to County Council. The IGA language implements the Council for Cooperative Library moving away from the Cooperative Library consideration on Services (WCCLS) Advisory Board (CLAB) structure. With December 20, 2005. Intergovernmental this restructuring, the decision-making Agreement (IGA) authority will rest with the chief executive officers of each of the contracting Tigard City Council Meeting Minutes December 28, 2005—Page 1 i Agenda Item Discussion & Comments Action Items (follow up) Study Session -- cities/libraries. A new executive board will Discuss Washington make decisions with regard to funding County distribution. There was discussion on the Cooperative Library history of WCCLS and its relationship to the Services (WCCLS) County as it is outlined in the proposed Intergovernmental agreement. The proposed agreement does Agreement (IGA) not address funding inequities. There was (Continued) discussion about alternatives to WCCLS membership; however, it was noted that city taxpayers would continue to pay taxes to fund WCCLS regardless of whether or not Tigard was a member. Executive Session EXECUTIVE SESSION: The Tigard City Staff received direction to Council went into Executive Session at 6:50 return to the City'Council p.m. to consult with legal counsel to consider an action item concerning exempt public records and as discussed during the current litigation under ORS Executive Session. 192.660(2)(0 and (h). Executive Session concluded at 7:12 p.m. Study Session NNew Traffic Signal Ribbon Cutting at Councilor Sherwood will Continued — Wall Street — 12/14, 10:30 a.m. attend this ceremony. Administrative Councilors Woodruff and Sherwood Items indicated they could attend. 9 Council Training with Joe Hertzberg— December 16, 12-6 p.m.; Councilor Woodruff's home. 012006 Congressional Cities Conference, All City Council members March 11-15. plan to attend. I 0 Washington County Coordinating This item will be discussed Committee (WCCC) — CounciIor further at the December Harding reported on a recent WCCC 207 2005, City Council development with regard to meeting. transportation project funding. She reviewed a proposed project near Intel in Hillsboro and her concerns about lack of Tigard City Council Meeting Minutes December 28, 2005—Page 2 Agenda Item Discussion U Comments Action Items (follow up) process for nominating projects. Study Session Continued — 0 Councilor Harding announced that the This item will be discussed Administrative Tualatin Basin Natural Resources further at the December Items Coordinating Committee (TBNRCQ 20, 2005, City Council would review projects funded by Metro meeting. for consistency with the Tualatin Basin Program and the Healthy Streams Plan and/or the Metro's Local Natural Areas Legacy Fund Guidelines and make suggestions. The TBNRCC's role would be advisory. 9 Recycling Award Presentation Information — Agenda Item No. 5 — Mayor Dirksen to present award after brief introduction by staff. Z Council packet material for Agenda Item 3.6 was sent in the Friday newsletter of December 9. 0 Review Process for the continued hearing on the re-adoption of Ordinance No. 05- 17 and the proposed resolution for the ballot title. City Council received a copy of Ordinance 05-17 for re-adoption consideration. The Plan and Report were attached to the ordinance with the changes approved by Council on November 22, 2005, incorporated by the consultant. City Attorney Ramis reviewed that the City Council will consider a proposed ballot title during the Business Meeting. He recommended the City Council re- adopt Ordinance No. 05-17 to demonstrate that it had considered additional input, if any, from other taxing jurisdictions. In addition, the renewed Tigard City Council Meeting Minutes December 28,2005 —Page 3 Agenda Item Discussion U Comments Action Items (follow up) Study Session adoption of the ordinance would give an Continued — opportunity to provide notice of Administrative adoption within four days as is required. Items 0 Review of King City/Tigard Memorandum of Understanding (Agenda Item No. 9). City Manager Prosser noted that the proposed MOU clarifies King City's new Urban Planning Area Boundary, which adds the northeast quadrant of the Beef Bend/Roy Rogers intersection to King City's current area of interest if that area is added to the Urban Growth Boundary. Kind City adopted the MOU at its December 7, 2005, City Council meeting. Study Session concluded at 7:30 p.m. Business Meeting 1.1 Mayor Dirksen called the City Council, City Center Development Agency, and the Local Contract Review Board to Order at 7:36 p.m. 1.2 Council Member/Agency Directors/ LCRB Members Present: Dirksen, Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications sz Liaison Reports 1.5 Call to Council and Staff for Non- Agenda Items Councilor Harding announced that Duane Roberts, Associate Planner for the City of Tigard received an employee service award from the Fanno Creek Medical Clinic in recognition of his Tigard City Council Meeting Minutes December 28, 2005—Page 4 Agenda Item Discussion U Comments Action Items (follow up) Business Meeting efforts in obtaining more than $900,000 in grants for City projects, including grants for greenspaces. 0 Councilor Harding reported on activities by the Tualatin Basin Natural Resources Coordinating Committee's (TBNRCC) activities regarding promoting tree planting. The goal was to plant over 7,000 trees within a year; that goal was reached in six months. In addition, Councilor Harding advised that TBNRCC would review projects funded by Metro for consistency with the Tualatin Basin Program and the Healthy Streams Plan and/or the Metro's Local Natural Areas Legacy Fund Guidelines and make suggestions. The TBNRCC's role would be advisory. Councilor Harding advised that the Washington County Coordinating Committee is gathering ideas about project funding. 2. Citizen Tigard High School Student Envoy Krista Communication Foltz presented a report to the City Council on Tigard High School Activities. A copy of her report is on file in the City Recorder's office. 3. Consent 3.1 Approve Council Minutes for Motion by Councilor Agenda November 8, 15, and 22, 2005 Sherwood, seconded by Councilor Harding, to 3.2 Approve City Center Development approved the Consent Agency Minutes for September 13, 20, Agenda. October 11, 18 and November 15, 2005 The motion was approved by a unanimous vote of Council present. Tigard City Council Meeting Minutes December 28, 2005 —Page 5 Agenda Item Discussion U Comments Action Items (follow up) 3. Consent 3.3 Receive and File: Mayor Dirksen Yes Agenda a. Council Calendar Councilor Harding Yes (continued) b.Tentative Agenda Councilor Sherwood Yes c. Minutes of the Meeting Hosted by Councilor Wilson Yes the City of Tualatin — Tualatin City Cowicilor Woodniff Yes Council/Tigard Council/Tigard- Tualatin School District Board Meeting— October 17, 2005 3.4 Initiate Action to Transfer Jurisdiction of a Portion of SW 95" Avenue Within the City of Tigard to the City— Resolution No. 05-69 RESOLUTION 05-69 — A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF A CERTAIN COUNTY ROAD (SEGMENT OF SW 95TH AVENUE) WITHIN THE CITY OF TIGARD TO THE CITY OF TIGARD 3.5 Approve Lease with Washington County Consolidated Communications Agency (WCCCA) for a Portion of the Canterbury Property for Construction of an Emergency Communication Tower 3.6 Appoint Gretchen Buehner, Jodie Inman, and David Walsh to the Planning Commission - Resolution No. 05-70 RESOLUTION 05-70 — A RESOLUTION APPOINTING GRETCHEN BUEHNER, JODIE INMAN, AND DAVID WALSH AS MEMBERS OF THE PLANNING COMMISSION Tigard City Council Meeting Minutes December 28, 2005—Page 6 Agenda Item Discussion 81 Comments Action Items (follow up) 4. Graduation of Public Works Program Assistant Lueck The City is promoting Tigard's presented the fourth graduating class of the enrollment for its fifth Emergency City's Community Emergency Response CERT program class. Response Team Team (CERT) Program. CERT team (CERT) members can provide life saving assistance, Volunteer such as disaster medical aid, search and Program Class IV rescue and fire suppression during the critical first few minutes. Graduates of this fourth class were: Terri Sweet Judy Stack Tom Harper Sheila LaChance Jim Lawson Julie Wagar Brian Wagar Mary Bauman Wayne Bauman 5. Presentation of City Manager Prosser introduced this Washington agenda item. City of Tigard is a member of County the Washington County Cooperative Cooperative's Recycling program, which develops 2005 Executive recycling and collection services and Award for provides public education and solid waste Excellence to management, including waste reduction HSBC Card program planning. The Cooperative works Services of with the City to achieve state-mandated and Tigard, Oregon regional solid waste recovery goals. HSBC, North America of Tigard, received an Executive Award for Excellence from the Cooperative. Mayor Dirksen presented the award to Mr. David Neenan, Managing Director of HSBC Card Services. Mayor Dirksen noted that the City of Tigard is honored to present this award to HSBC Card Services, as this company had gone beyond typical recycling practices and implemented several recycling and reusing programs with an average of five tons of Tigard City Council Meeting Minutes December 28,2005—Page 7 Agenda Item Discussion 8L Comments Action Items (follow up) 5. Presentation of paper and cardboard being recycled each Washington month and 3.5 tons of paper being reused County in the past year. Cooperative's 2005 Executive Mr. Neenan addressed the Council. As the Award for largest employer in the City of Tigard, he Excellence to noted how seriously his company considers HSBC Card environmental education. He referred to Services of the carbon neutral program in his company. Tigard, Oregon His company, a financial institution with Continued offices worldwide, will not lend to companies that are not supportive of the environment. 6. Consider City Attorney Ramis explained process for Motion by Councilor Adoption of the this agenda item. The City Council would Wilson, seconded-by Ballot Title be considering another motion to re-adopt Councilor Woodruff, to Corresponding to Ordinance No. 05-17. No additional readopt Ordinance No. the Tigard City written comments had been received from 05-17. Center Urban taxing authorities who have interest in this Renewal Plan urban renewal plan. Councilor Sherwood The motion was approved (Public Hearing advised she attended the Washington by a unanimous vote of Continued from County Board of Commissioners meeting Council present. November 22, earlier today; comments from the 2005) Commissioners were favorable; urban Mayor Dirksen Yes renewal is an investment in the future. Councilor Harding Yes Councilor Sherwood Yes Associate Planner Roberts presented the Councilor Wilson Yes staff report. No written comments were Councilor Woodruff Yes received from other governmental entities Council confirmed that its that impose property taxes within the urban adoption of Ordinance renewal area. No negative verbal No. 05-71 included comments from these entities were changes noted in the received. errata sheet submitted to Council then considered the re-adoption of the City Council. The Ordinance No. 05-17. errata sheet listed corrections to the Plan ORDINANCE NO. 05-17 — AN and Report. A copy of ORDINANCE ADOPTING THE CITY this errata sheet is on file CENTER URBAN RENEWAL PLAN AND in the City Recorder's DIRECTING THAT THE PLAN BE office. The changes listed Tigard City Council Meeting Minutes December 28,2005 —Page 8 Agenda Item Discussion U Comments Action Items (follow up) 6. Consider REFERRED TO THE VOTERS on the errata sheet will be Adoption of the incorporated into the final Ballot Title Council then reviewed the proposed PIan and Report. Corresponding to resolution submitting the City Center Urban Councilor Wilson, as the Tigard City Renewal Plan to the voters and adopting a maker of the motion, Center Urban ballot title and explanatory statement. affirmed that he intended Renewal Plan Public Testimony: the changes as listed on (Public Hearing the errata sheet be Continued from Gretchen Buehner advised she prefers included. November 22, Alternative 2. She emphasized the need 2005) for public outreach. Continued Motion by Councilor Council reviewed the three options for the Sherwood, seconded by "Question and Summary" of the ballot Councilor Woodruff, to measure. The Council members agreed on adopt Resolution No. 05- the following language for the ballot 71, Alternative 2, as measure summary: amended. "if the measure is approved, the City Center Urban Renewal Plan, including tax The motion was approved increment financing of public by a unanimous vote of improvements listed in the PIan, would Council present. become effective. The City Center Urban Renewal Plan provides for Mayor Dirlcsen Yes Councilor Hardnig Yes improving streets and other public Councilor Sherwood Yes facilities in the City Center area, which Councilor Wilson Yes generally includes the area adjacent to Councilor Woodruff Yes Highway 99, west of Highway 217 and Hall Boulevard, and east of Fanno Creek. Public improvements would be financed in part by tax increment financing. Tax increment financing does not impose new taxes, but reallocates the property taxes on any increases in total property value inside the Urban Renewal District boundaries to the Tigard City Center Development Agency (the Urban Renewal Agency). The Agency then repays indebtedness incurred to finance Plan public improvements. The maximum indebtedness under the plan is $22 million for a period of no more than Tigard City Cotmcil Meeting Minutes December 28, 2005 —Page 9 Agenda Item Discussion U Comments Action Items (follow up), 6. Consider 20 years. The City Council has adopted Adoption of the the Plan, subject to voter approval." Ballot Title Corresponding to Mayor Dirksen closed the public hearing. the Tigard City Center Urban Council then considered the proposed Renewal Plan resolution. (See Page 9) (Public Hearing Continued from RESOLUTION NO. 05-71 — A November 22, RESOLUTION OF THE CITY COUNCIL 2005) OF THE CITY OF TIGARD Continued SUBMITTING THE CITY CENTER URBAN RENEWAL PLAN TO THE VOTERS OF THE CITY OF TIGARD, ADOPTING A BALLOT TITLE, AND APPROVING AN EXPLANATORY STATEMENT 7. Consider Building Official Lampella presented the Motion by Councilor Amending the staff report on this agenda item. He Woodruff, seconded by Terms of reviewed the benefit of changing the Councilor Harding, to Appointment of wording in the Tigard Municipal Code so adopt Ordinance No. 05- the Members of that terms of the Building Appeals Board 18. the Building member are staggered. Currently, terms of Appeals Board all seven board members will expire The motion was approved April 1, 2006. by a unanimous vote of Council considered Ordinance No. 05-18. Council present. ORDINANCE NO. 05-18 — AN Mayor Dirksen Yes ORDINANCE AMENDING SECTION Councilor Yes Cotuicilor Sherwo Sl�.erwood Yes 2.09.020 OF THE TIGARD MUNICIPAL Councilor Wilson Yes CODE TO STAGGER THE TERMS OF Councilor Woodruff Yes THE BUILDING APPEALS BOARD Tigard City Council Meeting Minutes December 28, 2005—Page 10 Agenda Item Discussion & Comments Action Items (follow up) 8. Continue Associate Planner Pagenstecher presented City Council agreed with Discussion on the staff report. CWS and the City's Public staff's recommendation to Clean Water Works Department are currently discussing develop an IGA with Services (CWS) a draft IGA that would accommodate the CWS for a cooperative Fee Waiver cooperative effort to implement stream approach to the stream Request of City- rehabilitation and enhancement activities rehabilitation and Initiated proposed by CWS. enhancement project. In Community the near future, the City Development Council will be asked to Code approve an ]GA. Amendment 9. Authorize the City Manager Prosser presented this agenda Motion by Councilor Mayor to Sign a item. The proposed MOU clarifies King Sherwood, seconded by Memorandum of City's new Urban Planning area, which adds Councilor Woodruff, to Understanding the northeast quadrant of the Beef authorize the Mayor to (MOU) Between Bend/Roy Rogers intersection to its area of sign the Memorandum of the City of Tigard interest if that area is added to the Urban Understanding. and the City of Growth Boundary. This area is not within King City -- Tigard's current Urban Planning area. King The motion was approved Urban Planning City approved the MOU on December 7, by a unanimous vote of Area 2005. Council present. City Manager Prosser confirmed that the Mayor Dirksen Yes MOU does not change the City's current Councilor Harding Yes agreement with Washington County. Councilor Sherwood Yes Councilor Nilson Yes Councilor Woodruff Yes I The Business Meeting concluded at 8:45 p.m.; City Council met in Study Session Tigard City Council Meeting Minutes December 28, 2005—Page 11 Agenda Item Discussion U Comments Action Items (follow up) 10. Discuss Assistant to the City Manager Newton Branding/Graphic introduced this agenda item. City Council Identity Design reviewed additional logo designs with designer Glen Marcusen. Additional review was scheduled for the December 20, 2005, City Council meeting. Adjournment 9:13 p.m. Catherine Wheatley., City Reeorder Attest: ayor, ity of Tigard Date: / , /0 . 0 (.Q 1.5admlgthylccm120 5 551213.doc Tigard City Council Meeting Minutes December 28, 2005 —Page 12