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City Council Minutes - 10/24/2006 Agenda Item No. 3, /e c.. For Agenda of Tigard City Council Meeting Minutes Date: October 24, 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 Nick Wilson Councilor Tom Woodruff Agenda Item Discussion& Comments Action Items follow up Executive The Tigard City Council went into Executive Session Session at 6:30 p.m. to discuss real property transaction negotiations and pending litigation with legal counsel under ORS 192.660(2)(e) and (h). Executive Session concluded at 7:10 p.m. Study Session Review the IT Director Ehrenfeld and New World Audio Video City Council consensus was Town Hall Consultant Cudy reviewed this item with the City for IT Director Ehrenfeld to Audio/Visual Council. work with Mr. Cudy and Design Report select the upgrades for the from New A supplement to the System Design Report was Audio/Visual system. World presented to the City Council and a copy is on file in Audio/Video the City Recorder's office. Following are the and Provide highlights of the review with the Council: Staff with Direction. ➢ Recommendation that the system be wired;no wires will be visible. Wireless is not as reliable. ➢ Reviewed the recording station equipment. Two systems were mentioned: Granicus and FTR Gold. FTR Gold is a good system and would cost less than$5,000. ➢ Wireless microphones were reviewed with attention called to the information presented on Page 8 of the staff report. Councilor Woodruff commented that he supports an improvement to the sounds stem but wants the Tigard City Council Minutes -October 24,2006 1 Agenda Item Discussion& Comments Action Items follow up expenditures to stay within the budgeted amount. Councilor Wilson concurred with Councilor Woodruff. City Manager Prosser suggested that if additional upgrades are desirable over this year's budgeted amount, they could be submitted for consideration during next year's budget process. Administrative ➢ The October 31,2006, 5`''Tuesday meeting has Items been cancelled. ➢ Mayor Dirksen advised he plans to attend the National League of Cities (NLC) Conference in December. Councilor Harding said she would like to attend the leadership training classes offered before the regular NLC conference sessions. Council Candidate Gretchen Buehner said she would like to attend the NLC Conference if she is elected in November. ➢ Community Development Director Coffee distributed a memorandum dated October 24, 2006,regarding"MTIP Public Involvement Strategy." A copy is on file in the City Recorder's office. ➢ City Manager Prosser advised that TriMet General Manager Fred Hansen will meet with the City Council on December 19,2006. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to order at 7:35 p.m. 1.2 Council Present: Mayor Dirksen,Councilors Harding,Sherwood,Wilson,and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports: Mayor Dirksen announced that the October 31, 2006,Fifth Tuesday City Council meeting has been cancelled. 1.5 Call to Council and Staff for Non-Agenda Items: None Tigard City Council Minutes -October 24,2006 2 Agenda Item Discussion& Comments Action Items follow up 2. Proclamations Mayor Dirksen announced the following proclamations. He advised he was recognizing National Magic Week and called attention to the contributions made by the Society of American Magicians to community programs such as the Police D.A.R.E. camp. Mayor Dirksen advised that the local Make a Difference Day was held last Saturday. Volunteers planted 80 trees within the community and Team Tigard picked up 17 bags of litter along Hall Boulevard. 2.1 Proclaim the Week of October 25-31,2006,as National Magic Week 2.2 Proclaim October 28,2006,as Make a Difference Day 3.Citizen • Report from the Tigard Area Chamber of Communications Commerce Representative Sue Wirick. Ms Wirick noted that Executive Director Jeremy Monlux has been with the Chamber of Commerce for a year now and noted his contributions including membership growth. She reviewed Chamber events including the Leadership Program and Professional Development Program. Ms.Wirick advised there will be an outreach to the business community event in January. Councilor Sherwood noted Leadership Seminar students were at the homeless shelter recently and said it was a great session. • Dick Franzke, 14980 SW 133rd Avenue, unincorporated Bull Mountain testified in response to comments made by Councilor Wilson at the October 10,2006,City Council meeting relating to the Cach Creek Annexation. A written copy of Mr. Franzke's comments is on file in the City Recorder's office. He said Councilor Wilson's remarks were unnecessarily personal and said that statements made by City officials that annexations have always been consensual were false.An annexation cannot be regarded as voluntary or consensual when sewer lines will not be extended to properties unless the Tigard City Council Minutes -October 24,2006 3 Agenda Item Discussion & Comments Action Items (follow up property owner annexes or signs a consent to annex. He suggested the City Council owes the public apologies and admit that the City forces annexations. Councilor Wilson conceded that his remarks toward Mr. Franzke were personal,but were made in response to previous public testimony by Mr. Franzke questioning the"decency"of the Council. With regard to whether annexations are consensual,Councilor Wilson said he believes it is fair to enter into an agreement with a property owner for public services. Councilor Wilson said that no systems development charges for parks had ever been collected outside of the City's boundaries. Mr. Franzke said he made the comment that money had gone back and forth between the City and County and gave as an example traffic impact fees collected in the unincorporated area that were spent within the City of Tigard. Councilor Wilson pointed out with regard to developing parks that previously the City Council's"hands were tied"with regard to buying property outside of the City boundaries. This situation recently changed and the City had moved forward. In response to a comment from Mr. Franzke saying that the City of Tigard managed the unincorporated Bull Mountain area for nine years,Councilor Wilson said the City of Tigard has never managed that area. Although disagreeing about the nature of public comments by Mr. Franzke in the past,Councilor Wilson said he appreciated hearing from Mr. Franzke. 4. Consent Mayor Dirksen reviewed the Consent Agenda Motion by Councilor Agenda before the City Council: Sherwood, seconded by 4.1 Approve Council Minutes for September 19 and Councilor Woodruff, to 26,2006 approve the Consent 4.2 Approve City Center Advisory Commission Agenda. Tigard City Council Minutes -October 24,2006 4 Agenda Item Discussion& Comments Action Items follow up (CCAC)By Laws --Resolution No. 06-64 The motion was approved RESOLUTION NO. 06-64—A RESOLUTION by a unanimous vote of ADOPTING THE CITY CENTER Council present. ADVISORY COMMISSION (CCAC)BY LAWS Mayor Dirksen Yes Councilor Harding Yes 4.3 Establish a Citizen Advisory Committee to Guide Councilor Sherwood Yes the Preparation of the Highway 99W Corridor Councilor Wilson Yes Improvement and Management Plan and Councilor Woodruff Yes Appoint Members to the Committee— Resolution No. 06-65 RESOLUTION NO. 06-65—A RESOLUTION ESTABLISHING A CITIZEN ADVISORY COMMITTEE TO GUIDE THE PREPARATION OF THE HIGHWAY 99W CORRIDOR IMPROVEMENT AND MANAGEMENT PLAN AND APPOINTING MEMBERS TO THE COMMITTEE (Note: The following Citizen Advisory Committee members said they planned to be present at tonight's meeting: Jesse Black,William Moss, Steve Boughton,Tim McGilvrey,Cherree Weeks,and Sue Carver. Mayor Dirksen requested that Committee members come forward and he presented them with a City of Tigard logo pin.) 4.4 Local Contract Review Board a. Award Architectural Services Contract for the Water Building Remodel to LRS Architects,Inc. and Authorize the City Manager to Sign the Contract 4.5 Appoint Library Board Alternate Karen Levear to the Library Board—Res.No. 06-66 RESOLUTION NO. 06-66—A RESOLUTION FOR THE FOLLOWING APPOINTMENT TO THE LIBRARY BOARD: KAREN LEVEAR 5. Legislative City Attorney Ramis explained the rules of Public Hearing procedure for this legislative hearing. Tigard City Council Minutes -October 24,2006 5 Agenda Item Discussion& Comments Action Items follow up to Consider Revisions to the There were no declarations or challenges. Community Development Mayor Dirksen opened the public hearing. Code Relating to Planned Associate Planner Farrelly presented the staff Developments report. Council previewed the proposed revisions at (DCA 2006- its October 17, 2006,meeting. He advised that on 00003) October 23 a development consultant sent an e- mail registering strong objections to several aspects of the code amendment. One objection was that the requirements of open space and landscaping were confusing. Staff recommended that the City Council adopt the proposed ordinance. In response to a comment by Councilor Woodruff, Associate Planner Farrelly and Planning Manager Bewersdorff confirmed that the Planned Development Code process is voluntary. Planning Manager Bewersdorff said that the Planned Development regulations will be more difficult for a developer to follow,but the Planning Commission will have some ability to work with the developer on proposed projects. If a developer chooses not to use the Planned Development process, the normal subdivision process would be available. Some areas within the city are now designated as Planned Developments, so a zone change would be necessary to use another development process. During discussion City Council agreed with City Council agreed that language Attorney Ramis about a revision to the following be amended as section: recommended by City Attorney Ramis for Section • Section 18.350.070 3. f. (2) to be revised as 18.350.070 3. f. (2) as shown follows: in the column to the left. "The exception is necessary for adequate identifieation of the tise visibility of the sign and..." This change was made at the request of City Tigard City Council Minutes -October 24,2006 6 Agenda Item Discussion & Comments Action Items (follow up Attorney Ramis who advised he was concerned that the proposed wording might lead to regulating language content of a sign,which is unconstitutional. Mayor Dirksen closed the public hearing. Mayor Dirksen announced the City Council would be considering Ordinance No. 06-16 with the revision noted by City Attorney Ramis. Councilor Sherwood noted her appreciation to the volunteers who served for two years on the Committee to propose these changes to the Planned Development section of the Code. Councilor Woodruff said he was heartened that the Committee,made up of diverse interests within the community, as well as the Home Builders Association,had been able to reach a compromise to produce the recommended changes to the Planned Development provisions. Councilor Wilson noted he had raised concerns Motion by Councilor about areas of the proposed ordinance at the City Wilson, seconded by Council meeting last week. Councilor Wilson said Councilor Woodruff, to the proposed ordinance contained language which amend the proposed was far better than it was before,but he still had language by deleting concerns with two areas. He called attention to 18.350.060 B. 4. in its Page 7, of the "Clean Copy" (Attachment 2 in the entirety. Council meeting packet.)The citation of the code section he was referring to was 18.350.060 B. 4. He The motion was approved said it was unlikely that this section would ever be by a majority vote of used. During discussion, Mayor Dirksen noted he Council present. thought this language might be related to the Metro Code because it relates to a designated town or Mayor Dirksen No regional center. Councilor Harding Yes Councilor Sherwood No Councilor Wilson Yes Councilor Woodruff Yes The second area of concern noted by Councilor Motion by Councilor Wilson, Wilson was 18.350.070 A. 4. g. (Page 12 of 15 of seconded by Councilor the "Clean Copy" (Attachment 2 in the Council Sherwood, to eliminate Section meeting packet.) Councilor Wilson said it was 18.350.070 A 4. g. confusing as to what would be gained by having The motion was approved by a Tigard City Council Minutes -October 24,2006 7 Agenda Item Discussion& Comments Action Items follow up this section as it relates to crime prevention. He unanimous vote of Council noted there are times that shrubs are a problem as present. far as crime prevention is concerned. Councilor Harding noted more issues might arise as an area is Mayor Dirksen Yes developed more densely. Planning Manager Councilor Harding Yes Bewersdorff responded to a question from Mayor Councilor Sherwood Yes Dirksen and confirmed that the Police Department Councilor Wilson YesCouncilor Woodruff Yes had reviewed this language. City Attorney Ramis noted some issues with the way the language was Motion by Councilor written because terms such as "semi public"would Woodruff, seconded by need to be defined. City Attorney Ramis also Councilor Sherwood to advised that because of the word"shall"in the adopt Ordinance No. 06-16, language, the City must express clearly defined as amended. requirements in written findings. (City Recorder's Note: City Council considered the proposed ordinance Amendments were: with the amendments as noted. 1. Section 18.350.070 3.f (2) to be changed as follows: ORDINANCE NO. 06-16—AN ORDINANCE AMENDING THE LANGUAGE TO THE `The exception is necessary TIGARD COMMUNITY DEVELOPMENT for adequate ident��n ?( CODE, CHAPTERS 18.120 AND 18.350,TO the visibility of the sign CREATE A NEW PURPOSE STATEMENT, and " APPROVAL PROCESS,APPROVAL CRITERIA,AND OTHER REVISIONS FOR 2. Section 18.350.060 B. 4. as PLANNED DEVELOPMENTS AND TO ADD presented in the draft RELATED DEFINITIONS (DCA 2006-00003) ordinance to be eliminated. AS AMENDED 3. Section 18.350.070 A 4.,g. as presented in the draft ordinance to be eliminated.) Discussion on the motion: Mayor Dirksen advised he has long looked forward to amending this section of the Code. He said he believed the new language is sufficiently flexible and that he will vote in favor of the ordinance. Councilor Wilson agreed the new Code language has been a long-time coming and Tigard City Council Minutes -October 24,2006 8 enda Item Discussion& Comments Action Items follow up noted his appreciation for the work that has gone into developing the amendments. Councilor Harding agreed that the proposed ordinance represented years of work and added that now they, as a City Council,need to "stand behind" this new legislation. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 6. Consider an City Recorder Wheatley presented the staff report. Motion by Councilor Ordinance to State law permits a governing body to issue Woodruff, seconded by Add Section explanatory statements for matters relating to Councilor Sherwood, to 1.12.050 to the municipal legislation referred or initiated by petition adopt Ordinance No. 06-17. Tigard Municipal if the governing body has passed an ordinance to Code (TMC) to do so. The proposed ordinance would authorize The motion was approved Authorize the City Attorney, City Manager, or City Recorder by a unanimous vote of Submission of to prepare an explanatory statement in the Council present. Explanatory situations described above. Statements by Mayor Dirksen Yes the City of Mayor Dirksen registered his concern that requiring Councilor Harding Yes Tigard for cities to pass such an ordinance"flies in the face of Councilor Sherwood Yes Inclusion in the Home Rule." City Attorney Ramis said that the Councilor Wilson Yes Washington concept of Home Rule in Oregon has eroded Councilor Woodruff Yes County Voters' whereby local voters have the right to choose their Pamphlet for own government and rules. If challenged, the Matters decision to require this ordinance could lead to Submitted to substantial debate. Explanatory statements are Voters Under neutral and may not take a position on a ballot the Referendum measure. or Initiative Powers by Council considered Ordinance No. 06-17: Petition. AN ORDINANCE ADDING SECTION 1.12.050 TO THE TIGARD MUNICIPAL CODE TO Tigard City Council Minutes -October 24,2006 9 Agenda Item Discussion& Comments Action Items (follow up AUTHORIZE SUBMISSION OF EXPLANATORY STATEMENTS BY THE CITY OF TIGARD FOR INCLUSION IN THE WASHINGTON COUNTY VOTERS PAMPHLET FOR MATTERS SUBMITTED TO THE VOTERS RELATING TO MUNICIPAL LEGISLATION UNDER THE REFERENDUM OR INITIATIVE POWERS BY PETITION 7. Consider an City Manager Prosser presented the staff report. Motion by Councilor Ordinance to The proposed ordinance is a"housekeeping" Sherwood, seconded by Repeal request for action from the City Council. Councilor Woodruff, to Ordinance No. Ordinance No. 00-33 was never codified,not could adopt Ordinance No. 06-18. 00-33 Providing it have been implemented because the Oregon a Process for Supreme Court ruled that the ballot measure The motion was approved Claims Filed as a referred to in Ordinance No. 00-33 was invalid. by a unanimous vote of Result of Ballot The ordinance should have been repealed. Council present. Measure 7 Subsequently City Council considered Ordinance No. 06-18. Mayor Dirksen Yes Invalidated by Councilor Harding Yes the Oregon AN ORDINANCE REPEALING ORDINANCE Councilor Sherwood Yes Supreme Court. NO. 00-33,WHICH PROVIDED A PROCESS Councilor Wilson Yes FOR MAKING CLAIMS UNDER ARTICLE I, Councilor Woodruff Yes SECTION 18 OF THE OREGON CONSTITUTION IN RESPONSE TO VOTER APPROVAL OF BALLOT MEASURE 7 IN THE NOVEMBER 2000 ELECTION; SUBSEQUENTLY BALLOT MEASURE 7 WAS INVALIDATED BY THE OREGON SUPREME COURT ON OCTOBER 4, 2002 8. Third City Manager Prosser reviewed the staff report. Quarter Council Goal Update Brief summaries of the progress made on the goals for this year are on file in the City Recorder's office. Mayor Dirksen referred to the upcoming ballot measure for libraries. He has met with members of the Youth Advisory Council and noted that several students have been canvassing the City urging support of the library measure. City Manager Prosser noted that since the progress report of goals was written,work has begun on the performance audit of the Library. Additional information was requested with regard to the Police Tigard City Council Minutes -October 24,2006 10 Agenda Item Discussion& Comments Action Items follow up Department audit and it is anticipated this audit will soon be underway. The Technology Strategic Plan was introduced to the Council last week. Mayor Dirksen noted significant progress has been made on the City Council goals. , Announcements ➢ No City Council meeting on November 7,2006 (election night). ➢ Free Fall Leaf Pick-Up at City of Tigard occurring on the first three weekends of November. Participants are also encouraged to bring canned-food donations. Adjournment The meeting adjourned at 9:11 p.m. Motion by Councilor Woodruff, 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 Wilson Yes Councilor Woodruff Yes atherine eatley, City Record Attest: Mayor, ty/o/Tigard Date: ! ( l X i9adm\mthy\00m\2006\061024.d00 Tigard City Council Minutes -October 24,2006 11