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City Council Minutes - 06/13/2006 Agenda Item No. 3. For Agenda ofTIGARD Tigard City Council Meeting Minutes Date: June 13,2006 Time: 7:30 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 Councilor Nick Wilson Agenda Item Discussion& Comments Action Items (follow up Study Session > City Manager Prosser advised that an Executive Session will be needed at 6:00 p.m. on June 20 to discuss potential litigation. > City Manager Prosser did not receive the tabulated results of the forms completed by Council and staff for his performance evaluation. Council decided to delay the review until June 27 to give City Manager Prosser time to review this information. > City Manager Prosser noted that representatives from the Friends of Bull Mountain were asking for information regarding what would be discussed at the meeting on June 20 with regard to the incorporation of a city on Bull Mountain. He advised that more information would be provided to the Council on Wednesday and then this information would also be sent to the "Friends"by the end of the day on June 14. > Briefing on Emergency Exercise Staff Presenter: Program Assistant Lueck Mr. Lueck updated the Council on the "TipOf " Regional Emergency Exercise to be conducted from 8:00 a.m. to 2:00 p.m. on Wednesday,June 14. He advised that the exercise would include jurisdictions in Washington and Columbia Counties as part of a City Council Minutes—June 13,2006 Page 1 Agenda Item Discussion& Comments Action Items (follow up large terrorism response exercise. Details of the individual incidents were not released ahead of time so the exercise can be as realistic as possible. TipOff is a prelude to a national"TopOff' exercise planned for 2007,which will"test the resolve" of top officials in Washington,D.C., two states,and Guam. Mr. Lueck distributed information regarding who was playing the exercise,where it would take place, the goals of the exercise,how it is funded and media coverage. He also discussed safety precautions and who to call if there were questions. An announcement would be made to the public during the business portion of the meeting which will be Cablecast. > Entry signs Assistant to the City Manager Newton discussed with the City Council the proposed drawings of entry signs. Council members described their preferences,including preferred sign materials and design. Signs will be sized according to the site where they will be located. Assistant to the City Manager Newton has the preferred drawing with the changes noted. Locations were also discussed including sites at each end of Pacific Highway and the Bridgeport area, as well as a future site - the Walnut/Murray Blvd. connection. The initial focus will be on these four locations and more information will be brought back to the Council. Staff will verify the amount of funds budgeted for this year. > Discuss City Center Advisory Commission (CCAC) Changes Recently there was action by the CCAC membership to vote on a new chair for the group. The process followed was of concern to several members and several resignations were submitted. There was Council discussion on what should be done at this point;i.e.,whether to accept the resignations and how to proceed with the group at this point. There was some discussion by Council about whether the CCAC should be dissolved and have the duties of the CCAC be covered by the Planning Commission, City Council Minutes—June 13,2006 Page 2 Agenda Item Discussion& Comments Action Items (follow up) which would give an opportunity for by-laws to be written for this group. Councilor Wilson noted that he had been inclined towards dissolving the current CCAC. He noted his appreciation for the group getting through the election. He said he was unclear about what the substantive issues were among the CCAC members. He noted a need to understand the issues. Councilor Sherwood and Mayor Dirksen also noted that their first reaction was to support dissolving the CCAC. Councilor Woodruff said the events were unfortunate,noting that all of the members were good people and that the CCAC has the right to choose its leadership. He said his concern was that there is a split among these people who have been dedicated to the city. He said this is unfortunate and it will take wisdom to resolve the situation. There was consensus by Council that this should be scheduled for a discussion when there is more time to devote to the subject. Councilor Harding advised she had not responded with any comments on the situation as she did not feel she was fully aware of what had occurred. She noted the importance of talking to everyone to determine the circumstances. After discussion, and at the suggestion of City Manager Prosser,it was decided that Joe Hertzberg, facilitator and mediator,will be contacted to see if he would be available to talk to the CCAC members. Councilor Sherwood said that the correction of a mistake needs to be made;bylaws need to be drawn up to give the CCAC direction. Interim Community Development Director Coffee noted that if the CCAC responsibilities are transferred to the Planning Commission that there would be a learning-curve timeframe and he advised that the implementation strategy decisions are coming up soon. The CCAC is looking at design guidelines and regulations which would go to the Planning Commission. Mayor Dirksen noted the need to have a better understanding of the issues before a decision is made. Councilor Harding advised that she was unclear as to why some had resigned and what the issues were. Although she did mention that it appeared that some members had differing views on the larger vision. She noted that perhaps City Council Minutes—June 13,2006 Page 3 Agenda Item Discussion& Comments Action Items (follow up the manner in which the vote for a change in leadership occurred was not the way it should have happened. She advised that the CCAC has done a remarkable job so far, and urged for a continued focus on the greater good for all. She said it is a hard decision and that people have hurt feelings. Mayor Dirksen agreed that this is a community issue and that a solution needs to be found to mitigate for future activities. The Council agreed to meet in a special session to discuss this issue after Joe Hertzberg or a similar professional talks to the group to determine what the issues are. City Manager Prosser noted that the Council has not yet responded to the resignations offered by CCAC members. He said that he would ask them to please "hold on"until some of the issues have been reviewed. The CCAC will meet on June 14 to review the plan. > The Pelissier annexation has been withdrawn. It was noted that one of the reasons given to staff was that the applicants were hoping that by applying for development in the County they would be able to add another lot to their development. The Tigard City Council went into Executive Executive Session at 7:12 p.m. to consult with legal counsel Session concerning legal rights and duties regarding current litigation or litigation likely to be filed under ORS 192.660(2) (h). Before the Executive Session began and in open session, Councilor Harding noted that she had received a confidential communication from the Metropolitan Area Communications Commission about operations of TVCTV. City Attorney Ramis advised that the above citation for the Executive Session (ORS 192.660(2)(h)) would be appropriate for discussion on this topic. Executive Session concluded at 7:32 p.m. City Council Minutes—June 13,2006 Page 4 Agenda Item Discussion& Comments Action Items follow up 1. Business 1.1 Mayor Dirksen called the City Council, Local Meeting Contract Review Board, and City Center Development Agency to order at 7:37 p.m. 1.2 Present: Mayor Dirksen; Councilors Harding, Sherwood,Wilson,And Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports Councilor Harding updated the City Council on a recent Washington County Coordinating Committee (WCCC) meeting at which time funding options were discussed for the MTIP. A county-wide gas tax was discussed; no decisions were made and further discussion will occur at the next WCCC meeting. She asked City Council members to be thinking about what the City of Tigard's position would be with regard to a county-wide gas tax. Councilor Harding said she did not think a gas tax would raise enough revenue to cover the broad-based needs. She said some creative solutions are needed, such as project phasing and seeking input from voters. The City Council will discuss this item further at an upcoming meeting. Councilor Wilson reminded the City Council that the Transportation Financing Strategies Task Force is considering recommending a local gas tax. Councilor Harding noted the City of Tigard will also need to weigh in on a recommendation for the regional JPACT projects. She noted a new project list has been prepared. Better forecasting information is needed with regard to future growth. She asked City Council members to contact her with comments on the project list. Councilor Sherwood reported she represented the City earlier today at an affordable housing project event for Greenburg Oaks. She received a plaque,which she gave to Mayor Dirksen. The plaque thanked the City of Tigard for its assistance to affordable housing. Tigard is one of City Council Minutes—June 13,2006 Page 5 Agenda Item Discussion& Comments Action Items (follow up the few cities to give fee waivers and other assistance to affordable housing. The housing project at Greenburg Oaks was a $3.3 million renovation and Councilor Sherwood reported that the results are"incredible." Councilor Woodruff advised that negotiations were successfully concluded for a ten-year contract to purchase water from the City of Portland. This contract will provide a source of water while we are working on other long-term water sources. City Manager Prosser advised the City of Portland organized a signing ceremony last week at Portland City Hall. Mr. Prosser attended the signing on behalf of the City of Tigard. Once Mayor Potter's signature is obtained on the contract, City of Tigard will receive the signed agreement. Councilor Woodruff thanked Public Works Director Koellermeier for the work he did in securing this contract. 1.5 Call to Council and Staff for Non-Agenda Items: None. 2. Citizen No one signed up to speak from the audience. Communication City Manager Prosser gave a follow-up report on the Fifth Tuesday meeting. A copy of the staff response is on file in the City Recorder's Office. 3. Consent Mayor Dirksen reviewed the items on the consent Motion by Councilor Wilson, Agenda agenda. Councilor Harding noted that she had seconded by Councilor contacted the City Recorder regarding two changes Sherwood, to approve the for the May 16, 2006 council minutes. On page 10, consent agenda,with the the minutes reference that"it was suggested that this changes to the minutes as seems to be a band-aid approach and the entire noted during discussion. picture should be reviewed." Councilor Harding The motion was approved by advised that the statement was one that she had unanimous vote of Council made and she would prefer that the records reflect present. that she had suggested this. A second request was made for Councilor Harding's comment on the Mayor Dirksen Yes excellent job that the Public Works staff had done Councilor Harding Yes with regard to securing the long term water contract Councilor Sherwood Yes with the City of Portland. (City Recorder's note: Councilor Wilson Yes Councilor Woodruff Yes City Council Minutes—June 13,2006 Page 6 Agenda Item Discussion & Comments Action Items follow up This comment was made during the May 23, 2006, City Council meeting and will be reflected in the minutes to be submitted to the City Council for review on June 27, 2006.) 3.1 Approve Council Minutes for April 25, May 9, and 16,2006 3.2 Receive and File: a. Council Calendar b. Tentative Agenda. c. Fifth Tuesday Meeting Notes from May 30, 2006 d. Canvass of Votes for Measure 34-114 (City Center Urban Renewal Plan and Tax Increment Financing 3.3 Adopt a Resolution Approving Budget Amendment #13 to the FY 2005-06 Budget to Increase Appropriations in the City Attorney Division— Resolution No. 06—32 RESOLUTION NO. 06-32 — A RESOLUTION APPROVING BUDGET AMENDMENT #13 TO THE FY 2005-06 BUDGET TO INCREASE APPROPRIATIONS IN THE CITY ATTORNEY DIVISION 3.4 Forward the Urban Renewal Plan to the City Center Development Agency 3.5 City Center Development Agency(CCDA): a. Direct Staff to take Action to Record the Urban Renewal Plan 3.6 Local Contract Review Board: a. Award Contract for Construction of Hall Boulevard Sidewalk(at Bonita Road) 3.7 Approve Tigard's Share of the Storm Debris Dewatering Facility 4. Meridian Allyson Anderson., Meridian Park Hospital Park Hospital Administrator,reviewed the services offered by this Presentation on medical facility. Ms. Anderson described how the Community hospital is attempting to provide expanded services Resources and so people do not have to leave their community for Outreach needed medical services. City Council Minutes—June 13,2006 Page 7 Agenda Item Discussion& Comments Action Items (follow up 5. Briefing on Emergency Management Coordinator Lueck Emergency reviewed a PowerPoint presentation which is on file Response in the City Recorder's Office. (Please see study Exercise session discussion for further information on the Scheduled for TipOff regional exercise for June 14, 2006.) June 14 Part of the exercise will be held in one of the Tigard neighborhoods. Flyers regarding this activity have been distributed to all of the homes. After the exercise, a questionnaire will be distributed to the affected residents asking them for their input with regard to how they perceive the exercise was conducted. (City Recorder's note: Agenda Item No. 11 was heard out of order at this time.) 11.Approval of Mike Jordan,Metro's Chief Operating Officer,was Motion by Mayor Dirksen, Construction present to discuss this matter with the City Council. seconded by Councilor Excise Tax Metro has requested that the Council approve an Woodruff to approve the Intergovern- Intergovernmental Agreement specifying that the Construction Excise Tax mental Agree- City collect and remit to Metro an excise tax Intergovernmental Agree- ment to Collect assessed on new development. The construction ment to Collect and Remit and Remit Tax excise tax would fund concept and comprehensive Tax Between Metro and the Between Metro planning associated with the needs for the 2002 and City of Tigard and Authorize and the 2004 urban growth boundary expansions. A tax the City Manager to sign the City of Tigard equal to .12% of the total valuation of building Intergovernmental permits will be.assessed by Metro and collected by Agreement. jurisdictions within the Metro region.. The motion was approved There are some exemptions and limitations to this by a majority of Council tax that will provide relief to some applicants. present. Projects with valuations of$100,000 and less are exempt as well as corporations exempt from federal Mayor Dirksen Yes income tax and certain low income housing and Councilor Harding Yes charitable services. There is also a maximum ceiling Councilor Sherwood No of$12,000 that can be collected. Projects valued at Councilor Wilson Abstained $10 million and above would be assessed a flat fee Councilor Woodruff Yes of$12,000. This tax will sunset when the total amount collected in the Metro region reaches an amount equal to $6.3 million,which is expected to take approximately three years. After that amount is collected the tax will be rescinded. Under the terms of the Intergovernmental Agreement local jurisdictions will retain 5% of the tax collected to cover the cost of administration. City Council Minutes—June 13,2006 Page 8 Agenda Item Discussion& Comments Action Items (follow up) Present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes r l.� Catherine Wheatley, City Recorder Attest: Mayor,tity of Tigard Date: / I ' CX0 City Council Minutes—June 13,2006 Page 15 Agenda Item Discussion& Comments Action Items (follow up In response to a question from Councilor Wilson regarding what would occur if the jurisdiction did not vote to take part by collecting the tax for Metro, Mr.Jordan advised that people would still have to pay the fee but would have to travel to Metro to pay it. Councilor Wilson noted his disagreement with Metro insofar as Metro did not seek input from the partners on this particular fee. He cited usurping of local planning authority and once again,local jurisdictions are charged with carrying out the edicts of Metro. Councilor Harding noted that forums have been held with Metro on similar local issues that jurisdictions are experiencing. She noted that it is good Metro is now starting to address and listen to the concerns of local governments. Councilor Woodruff said he was glad there was a limit on the amount of dollars that will be collected with the tax and was also supportive of the sunset clause on the tax. Councilor Sherwood noted a similar effort for a real estate tax transfer tax in Washington County and the lack of support for such a fee. Mayor Dirksen noted that the City had been prepared to do the planning for Areas 63 and 64 and now it looks as if the City will be paying for this anyway. Councilor Woodruff suggested that a sign be placed on the counter making it clear that the excise fee is a Metro fee. Mr.Jordan acknowledged the concerns expressed by the Council members and noted that they were not alone, as other jurisdictions have expressed similar concerns. He advised that this would accomplish a public purpose in providing planning services for these urban growth areas. He said Metro must look at how to accommodate growth and plan for infrastructure. Councilor Harding noted her desire to continue to push towards partnership with Metro and local jurisdictions. 12. Public At this time Mayor Dirksen announced that Agenda Hearing (Quasi- Item No. 12,Public Hearing to Consider the Judicial) to Pelissier Property Annexation has been withdrawn Consider by the applicant and therefore this item will not be City Council Minutes—June 13,2006 Page 9 Agenda Item Discussion& Comments Action Items follow up Pelissier heard. The Intergovernmental Agreement between Property the City of Tigard and Washington County will lapse Annexation and it appeared to the applicants that they could (ZCA2006- develop the property with one more lot than they 10001) could under City Code. They will take their development application to the County. 6. Community Mayor Dirksen opened the public hearing. City Motion by Councilor Investment Engineer Duenas presented the staff report and a Sherwood, seconded by Program for FY PowerPoint presentation which is on file in the City Councilor Woodruff,to 2006-2007 Recorder's Office. Mr. Duenas reviewed the approve the Community Community Investment Program formulation Investment Program for 2006- process,major program areas,major projects for the 2007,making a note of the correction to the error in the upcoming fiscal year and how the final project lists document stating that the were determined. There was a question on the Tigard Triangle Local pedestrian bridge which is being done by ODOT Improvement District had been with the City of Tualatin overseeing the project. approved. There has been some information that there was another project cost overrun and the Tigard City The motion was approved Council has not been briefed on this. by unanimous vote of Council present. Mayor Dirksen said that the Community Investment Program has improved over the years and he Mayor Dirksen Yes complimented the staff on their work. Councilor Councilor Harding Yes Harding noted that the Tigard Triangle Local Councilor Sherwood Yes Improvement District was being shown as Councilor Wilson Yes "approved" on the list. After discussion, City Councilor Woodruff Yes Engineer Duenas confirmed that the Local Improvement District for the Triangle has not been approved and that the language will be clarified before the Community Investment Program document is published. Councilor Woodruff commented for the benefit of the viewing public, that the Community Investment program can be viewed on the City's website. Public Testimony: No one signed in to speak. Staff Recommendation: Staff recommended the City Council approve the 2006-2007 Community Investment Program and for it to be effective July 1, 2006. Mayor Dirksen closed the public hearing. Mayor Dirksen acknowled ed members of the Skate City Council Minutes—June 13,2006 Page 10 Agenda Item Discussion& Comments Action Items (follow up Park Committee who were in attendance,advising that the Council had,by approving the Community Investment Program list, also approved the Skate Park funding. Rich Carlson, Chairman of the Skate Park Task Force,was present and advised that they have applied, through the City, for a$150,000 grant. Recently, members of the Skate Park Task Force testified before the state agency considering the grant proposals and Mr. Carlson said he thought the testimony went well. He advised that notification regarding the grant will be issued in mid July. 7. Public Mayor Dirksen opened the Public Hearing. Finance Motion by Councilor Wilson, Hearing— Director Sesnon presented the staff report. Before seconded by Councilor Consider A the City Council was a Resolution which certified Sherwood, to adopt Resolution Resolution that the City of Tigard provides certain services, No. 06-33. Certifying that making the City eligible to receive State shared The motion was approved by the City of revenues. unanimous vote of Council Tigard Provides present. Services Public Testimony: There was none. Qualifying for Mayor Dirksen Yes State Shared Staff Recommendation: Staff recommended Councilor Harding Yes Revenues approval of the proposed resolution. Councilor Sherwood Yes Councilor Wilson Yes Mayor Dirksen closed the Public Hearing. Councilor Woodruff Yes Resolution No. 06-33 -A Resolution Certifying that the City of Tigard Provides Services Qualifying for State Shared Revenues S. Public Mayor Dirksen opened the Public Hearing. Finance Motion by Councilor Wilson, Hearing-A Director Sesnon presented the staff report. Before seconded by Councilor Resolution the City Council was a proposed resolution Harding, to approve Resolution Declaring the declaring the City's election to receive state revenue No. 06-34. City's Election sharing funds. Approval of the resolution would to Receive State secure $328,400 of revenue for the general fund. The motion was approved by unanimous vote of Council Revenues Public Testimony: There was none. present. Staff Recommendation: Staff recommended Mayor Dirksen Yes approval of the proposed resolution. Councilor Harding Yes Councilor Sherwood Yes Mayor Dirksen closed the public hearing. Councilor Wilson Yes Councilor Woodruff Yes Council Discussion: Councilor Woodruff advised that this is not"surprise revenue." Finance Director Sesnon confirmed that the state requires the City Council Minutes—June 13,2006 Page 11 Agenda Item Discussion& Comments Action Items (follow up adoption of a resolution in order to receive this funding. Resolution No. 06-34-A Resolution Declaring the City's Election to Receive State Revenues 9.A Resolution Mayor Dirksen opened the Public Hearing. Finance Motion by Councilor of the City of Director Sesnon presented the staff report. Oregon Sherwood, seconded by Tigard local budget law requires that a budget for the Councilor Woodruff, to adopt Adopting the following fiscal year be adopted by the Council prior Resolution No. 06-35. Budget,Making to July 1, after approval by the Budget Committee Appropriations, and after a public hearing has been held before the The motion was approved by unanimous vote of Council Declaring the City Council. A PowerPoint presentation was present. Valorem Tax viewed by the City Council;a copy is on file in the Levy, and City Recorder's Office. On May 15, the Budget Mayor Dirksen Yes Classifying the Committee approved the proposed budget with Councilor Harding Yes Levy as amendments and forwarded the budget to the City Councilor Sherwood Yes Provided by Council for adoption. Council had before it a Councilor Wilson Yes ORS 310.060(2) Schedule of Appropriations reflecting amendments Councilor Woodruff Yes for Fiscal Year along with minor adjustments and transfers between 2006-07 funds that were necessitated by changes in the City's Cost Allocation Plan to implement the Budget Committee's amendments. The total FY 2006-07 City of Tigard budget will be $77,738,518. Public Testimony: Mark Haldeman,Budget Committee Chair, advised that this is his third year on the Budget Committee. Mr. Haldeman said that the Budget Committee is not a"rubber stamp committee." He noted that throughout the process pointed questions were asked of the department managers as the various department budget requests were reviewed. Mr. Haldeman thanked the city staff, and especially noted Finance Director Sesnon, Financial Operations Manager Imdieke, Management Analyst Wareing, and Sr.Admin. Specialist Denny. The staff recommendation was to approve the resolution before the City Council which would adopt the budget,make appropriations, declare the valorem tax levy, and classify the levy as provided by ORS 310.060(2) for fiscal year 2006-07. In res onse to a question from Councilor City Council Minutes—June 13,2006 Page 12 Agenda Item Discussion& Comments Action Items (follow up Woodruff, Finance Director Sesnon advised that the proposed budget represented a 5.1%increase in operations. Councilor Wilson commented on the Budget Committee review process. He noted for the benefit of the public that the Budget Committee held extensive meetings during the month of May. He noted that these meetings are public meetings and said that citizens were encouraged to attend and comment during the budget process. Mayor Dirksen closed the public hearing. Resolution No. 06-35-A Resolution of the City of Tigard Adopting the Budget,Making Appropriations, Declaring the Valorem Tax Levy, and Classifying the Levy as Provided by ORS 310.060(2 for Fiscal Year 2006-07 City Manager Prosser noted his appreciation for the Budget Committee and thanked the members present,Mark Haldeman and Jason Snider for their time spent. He thanked Finance Director Sesnon for the work he did on the preparation of the budget,noting that he was new to the City,having only arrived in February. He said he also appreciated the efforts of Financial Operations Manager Imdieke,Management Analyst Wareing, and Sr. Admin. Specialist Denny. 10. Consider a Management Analyst Wareing presented the staff Motion by Councilor Resolution report. The City Council annually reviews fees and Woodruff, seconded by Adopting the charges. The Master Fees and Charges Schedule Councilor Sherwood, to adopt Citywide Master contains all citywide fees and charges and is updated Resolution No. 06-36. Fees and each June. The purpose of this schedule is to Charges streamline the review process,have one document The motion was approved by unanimous vote of Council Schedule, that contains all fees and charges, and minimize the present. Which Replaces number of resolutions and ordinances relating the Resolution No. fees and charges. Staff reviewed the schedule and Mayor Dirksen Yes 05-42 and All proposed a few new fees and changes to specific Councilor Harding Yes Subsequent existing fees. A summary of the proposed fee Councilor Sherwood Yes Amendments to changes was contained in the Agenda Item Councilor Wilson Yes Date Summary on file in the City Recorder's Office. Councilor Woodruff Yes City Council Minutes—June 13,2006 Page 13 Agenda Item Discussion & Comments Action Items (follow up It was noted that an increase of 3.5%by Clean Water Services was set for sanitary sewer service. The City will not share in any of the proposed increase. There was brief discussion on the proposed changes with some clarification to the proposal for limiting the fee for a paper copy of the Tigard Municipal Code Titles 1-18. The copy of Title 1-18 will be provided only on disk. There was a clarification that overdue DVD items in the Library are assessed at$1.00 per day for each item. The sewer and water franchise fee will be considered by Council in July. If approved, this fee will be added to the Fees and Charges Schedule. Mayor Dirksen advised that he was appreciative that the fees and charges are kept up to date. He advised that when he first came onto the City Council many of the fees and charges were not adequate. The goal is to have users support the services that they use. Resolution No. 06-36-A Resolution Adopting the Citywide Master Fees and Charges Schedule, Which Replaces Resolution No. 05-42 and All Subsequent Amendments to Date Note: Agenda Item No. 11 was discussed earlier in the meeting. Note: Agenda Item No. 12 was discussed earlier in the meeting. 13. Non- Councilor Woodruff announced that the Festival of Agenda Balloons will be held this coming Friday, Saturday Items and Sunday,June 16-18 at Cook Park. City Manager Prosser said that information is posted on the City's website. Gates open at 5:00 a.m. 14. Meeting adjourned at 9:19 p.m. Motion by Councilor Adjournment Woodruff, seconded by Councilor Sherwood to adjourn the meeting. The motion was approved by unanimous vote of Council City Council Minutes—June 13,2006 Page 14