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City Council Minutes - 04/10/2007 Agenda Item No. . I, For Agenda of 1007 Tigard City Council Meeting Minutes Date: April 10,2007 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Gretchen Buehner Councilor Sydney Sherwood Councilor Tom Woodruff Absent: -- Councilor Sally Harding Agenda Item Discussion& Comments Action Items (follow up Study Session Mayor Dirksen called the Study Session to order at 6:30 p.m. Executive City Manager Prosser announced the Executive Session Session: The Tigard City Council went into Executive Session at 6:30 p.m. for consultation with legal counsel or litigation likely to be filed, under ORS 192.660(2) (h). Executive Session concluded at: 6:45 p.m. Study Session Police Chief Dickinson introduced this agenda item (cont.) and the history of how this proposal came about. By utilizing the GIS system, staff was able to view Briefing on a the direct correlation of a higher incidence of crimes Proposal to within the commercial zones. Police Chief create a Dickinson also reviewed statistics for types of crime Commercial within the different zoning districts. To address Crime Unit and crime in business areas, the staff would like the City use a Business Council and community to support a commercial Tax Increase for crime unit with funding to come from an increase in Funding— the business tax. Police Department Police Chief Dickinson and the Council reviewed a chart outlining rate structuring options for this tax. A copy of this chart is on file in the City Recorder's office. Consensus of the City Council was that Police Chief Dickinson and his staff could present to the Tigard City Council Minutes - April 10,2007 l Agenda Item Discussion& Comments Action Items (follow up community a proposed Commercial Crime Unit with funding from increasing the business taxes to determine whether the community was supportive. City Manager Prosser advised that this program is not in the proposed budget; staff will develop an issue paper for the Budget Committee to review. City Council requested that staff emphasize to the community that this is only an idea at this time. In addition, Councilor Sherwood suggested that Police Chief Dickinson contact the grocers lobby for their input. Study Session Tigard Chamber of Commerce Shining Stars Banquet, (cont.) April 27, 6 p.m.,Crowne Plaza;City Council members present indicated they would attend. Administrative Items Reminder: League of Oregon Cities Conference— September 27-29,Bend Riverhouse. Mayor Dirksen, Councilor Sherwood,Councilor Buehner,and Councilor Woodruff said they would attend this conference. Initiative Petition Status: Deadline for appeal of the ballot title was April 6,2007. No objections were filed for the Repeal of Motor Vehicle Fuel Dealers Tax ballot title. Next step: Approve Petition cover and signature sheets for circulation by end of this week. Required number of signatures of registered Tigard voters: 3,596,which must be collected no later than June 18,2007. Depending on when the signatures are turned in and verification is completed, timeline is for the measure to appear on either the September or November 2007 ballot. Public Hearing—Agenda Item No. 7—Zoning Amendment (Continued from the March 13,2007, City Council meeting). March 21,2007 letter from Dianna Matthews was distributed to the City Council; this letter was forwarded to the Council in their mail packet. Changes to tonight's agenda: 1. Agenda Item No. 4—Representative Gahzio is unable to attend tonight. Tigard City Council Minutes - April 10,2007 2 Agenda Item Discussion & Comments Action Items (follow up 2. Agenda Item No. 9—Public Hearing for Ballot Measure 37 Hearing—Way W.Lee—was set over to May 22,2007. 3. Council calendar,distributed to the City Council, was reviewed. Study Session concluded at 7:25 p.m. 1. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:37 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Buehner,Sherwood,and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports Councilor Buehner reported she attended the MACC meeting last Thursday for Councilor Harding. The Commission has appointed Tigard resident Ann Robinson to the PEG Grant Review Committee. There was also an in depth review of Comcast customer service associated with customer complaints. Councilor Buehner noted that those who were attending the MACC meeting were reminded that they needed to be involved in the claim against the FCC regarding franchise fees and the right of way. Mayor Dirksen advised he recently attended a Washington County Coordinating Committee meeting discussion. Most of the discussion was on transportation funding and the Metro Regional Transportation Plan. A WCCC workshop meeting was held to discuss transportation funding and the potential of a Washington County bond measure in the future. The Mayor said he would wait to talk about this further when it is a topic at an upcoming City Council workshop meeting. Councilor Buehner reported that she has attended work group meetings on annexation Tigard City Council Minutes - April 10,2007 3 Agenda Item Discussion& Comments Action Items (follow up) bills for the State legislature. She said she would report more fully at a later date. 1.5 Call to Council and Staff for Non-Agenda Items City Manager Prosser pointed out that the new sound system was in operation for the first time at this Council meeting. He described some of the enhanced features of the system for sound and staff presentations. 2. Citizen • Tigard High School Student Envoy Jasmin. Communication Dizdarevik presented her report on recent activities at the Tigard High School. A copy of her report is on file in the City Recorder's office. • Mayor Dirksen noted one person was signed up to speak on the Citizen Communication sign-up sheet. Mr. Sanford Inouye from Comcast signed up to speak on Agenda. Item No. 8. Mayor Dirksen advised this was not a public hearing and asked the City Council members' opinion about whether they should hear from Mr. Inouye on this topic. After brief discussion, the City Council agreed to hear testimony from Mr. Inouye. Mr. Inouye referred to a letter that had been submitted to the City regarding Comcast's concerns with Agenda Item No. 8: Consideration of an ordinance to grant a cable franchise to Verizon Northwest, Inc. Two main issues by Comcast included: 1. Comcast would want the "playing field" to be competitive and they would want to modify their current franchise if the proposed ordinance is adopted. 2. Concerns about the types of services to be provided. Mayor Dirksen told Mr. Inouye that City Council had received all the letters on this issue. The Metropolitan Area Communications Commission has been asked to review the concerns. Mr. Inouye submitted a report: A Picture is Vorth a Thousand Vords. A copy of this report is on file Tigard City Council Minutes - April 10,2007 4 Agenda Item Discussion& Comments Action Items (follow up) in the City Recorder's office. 3. Consent 3.1 Approve Council Minutes for February 27,2007 Motion by Councilor Agenda 3.2 Receive and File: Sherwood, seconded by 3.2.a Council Calendar Councilor Buehner, to 3.2.b Tentative Agenda approve the Consent 3.2.c Annual Solid Waste Financial Report Agenda. Findings 3.3 Appoint Matt Clemo and Kandace Horlings as The motion was approved Regular Members;Dale Richards as Second by a unanimous vote of Alternate Member and Reappoint Chair Janet Council present. Gillis to the Tigard Tree Board—Resolution No. 07-18 Mayor Dirksen Yes Councilor Buehner Yes A RESOLUTION OF THE TIGARD CITY Councilor Sherwood Yes COUNCIL APPOINTING MATT CLEMO Councilor Woodruff Yes AND KANDACE HORLINGS TO THE TREE BOARD AS REGULAR MEMBERS, DALE RICHARDS AS SECOND ALTERNATE,AND REAPPOINTING JANET GILLIS TO ANOTHER FOUR- YEAR TERM 3.4 Appoint Ralph Hughes to the City Center Advisory Commission—Resolution No. 07-19 A RESOLUTION APPOINTING RALPH HUGHES THE TO CITY CENTER ADVISORY COMMISSION 3.5 Consider a Resolution Authorizing Amendment No. 1 to the Intergovernmental Agreement for Joint Funding of a Water Supply System Plan— Resolution No. 07-20 A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE CITY OF LAKE OSWEGO FOR JOINT FUNDING OF A WATER SYSTEM PLAN 3.6 Adopt Paid Time Off Policy for Management Employees—Resolution No. 07-21 A RESOLUTION ADOPTING AN Tigard City Council Minutes - April 10,2007 5 Agenda Item Discussion& Comments Action Items (follow up) AMENDMENT TO THE MANAGEMENT, SUPERVISORY&CONFIDENTIAL GROUP PERSONNEL POLICIES ADDING PAID TIME OFF POLICY 3.7 Approve Proposal to Transfer Custody of Records Created,Assembled and Maintained by Tigard Staff During the Term of the Urban Services Intergovernmental Agreement between the City of Tigard and Washington County- Resolution No. 07-22 A RESOLUTION DOCUMENTING THE TRANSFER OF CUSTODY FROM THE CITY OF TIGARD TO WASHINGTON COUNTY THOSE RECORDS CREATED, ASSEMBLED AND MAINTAINED BY THE CITY OF TIGARD DURING THE TERM OF THE CITY OF TIGARD/WASHINGTON COUNTY URBAN SERVICES INTERGOVERNMENTAL AGREEMENT 3.8 Approve Budget Amendment#13 to the FY 2006-07 Budget to Increase Appropriations in the Water CIP Fund Capital Projects Budget within the Community Investment Program for Additional Funding for the Lake Oswego Feasibility Study Project—Resolution No. 07-23 A RESOLUTION APPROVING BUDGET AMENDMENT#13 TO THE FY 2006-07 BUDGET TO INCREASE APPROPRIATIONS IN THE WATER CIP FUND CAPITAL PROJECTS BUDGET WITHIN THE COMMUNITY INVESTMENT PROGRAM FOR ADDITIONAL FUNDING FOR THE LAKE OSWEGO FEASIBILITY STUDY PROJECT 3.9 Local Contract Review Board: 3.9.a Award Contract for Wetland Consulting Services for the Washington Square Regional Center Greenbelt Trail Project to Virgil-Agrimis, Inc. Tigard City Council Minutes - April 10,2007 6 Agenda Item Discussion& Comments Action Items (follow up) 3.9.b Award Contract for Aquifer Storage and Recovery (ASR)Test Well Drilling to Boart Longyear,Inc. 3.9.c Award of Contract for the Construction of Ann Street Sanitary Sewer Extension (Sewer Reimbursement District No. 40) to Cipriano&Son Construction 3.9.d Award of Contract for Engineering Services for the SW Cherry Street Sanitary Sewer Project to Century West Engineering Corp. Mr. Ralph Hughes was present. Mayor Dirksen thanked Mr. Hughes for agreeing to serve on the City Center Advisory Commission. (See Agenda Item 3.4) 4. Legislative Senator Burdick updated the City Council on the Briefing— following State legislature matters: Senator Burdick ■ Much work is going on behind the scenes regarding Measure 37. Compromises are being sought with emphasis on building a home on property; de-emphasis on use of Measure 37 for commercial purposes. ■ Senator Burdick won a walking contest;her prize money will be split 1/2 to Metzger Elementary School and 1/2 to the Portland Public Schools. ■ Major issues relating to budget are coming up including public schools, community colleges and higher education. ■ A number of annexation bills are being studied. She said Tigard could count on her to support the rights of cities. ■ Reference made to attorney/client privileges for cities and acknowledgement that this needs to be maintained for cities (i.e.,Executive Sessions). • "Gut and stuff' season is starting where the stated subject of the bill might not really be what is contained in the proposed bill. 5. Washington VAN Executive Director Sia Lindstrom and Board County Vision Member Conrad Pearson spoke to the City Council. Action Network The main topics were presented to the Council in a (VAN) PowerPoint presentation. A copy is on file in the City Presentation Recorders office. Tigard City Council Minutes - April 10,2007 7 Agenda Item Discussion& Comments Action Items (follow up) The purpose of VAN was reviewed as well as the following issue areas: ■ Affordable Housing ■ Aging and Disabilities ■ Basic Needs ■ Behavioral Health ■ Children&Families ■ Education ■ Environment ■ Primary Health Care Services in and around the City of Tigard were reviewed as well as how the investment in VAN has benefited the City of Tigard. Councilor Sherwood noted her support of VAN and that she is aware of the many good things that have come to the community because of this organization. 6.Grant Finance Director Sesnon presented the staff report. Motion by Councilor Exemption A summary of the staff repot is on file in the City Woodruff, seconded by from Property Recorder's office. Councilor Sherwood, to Taxes Under adopt Resolution No. 07-24. Tigard Before the City Council is a proposed resolution to Municipal Code exempt three low-income housing projects from The motion was approved Section 3.50 for City of Tigard property taxation in 2007. by a unanimous vote of Three Non- Council present. Profit Low In- After brief discussion the City Council considered come Housing the proposed resolution. Mayor Dirksen Yes Projects Owned Councilor Buehner Yes and Operated RESOLUTION NO. 07-24—A RESOLUTION Councilor Sherwood Yes by Community GRANTING AN EXEMPTION FROM Councilor Woodruff Yes Partners for PROPERTY TAXES UNDER TIGARD Affordable MUNICIPAL CODE SECTION 3.50 FOR Housing THREE NON-PROFIT LOW INCOME (CPAH) and HOUSING PROJECTS OWNED AND One Housing OPERATED BY COMMUNITY PARTNERS Project FOR AFFORDABLE HOUSING (CPAH) AND Operated by ONE HOUSING PROJECT THAT IS Tualatin Valley OPERATED BY TUALATIN VALLEY Housing HOUSING PARTNERS (TVHP) Partners (TVHP) Tigard City Council Minutes - April 10,2007 8 Agenda Item Discussion& Comments Action Items (follow up) 7. Continuation Mayor Dirksen announced the continuation of the Motion by Councilor of Residential public hearing,which was opened on March 13, Sherwood, seconded by Zoning District 2007. Councilor Woodruff, to Use Regulations adopt Ordinance No. 07-05. Amendment City Attorney Ramis commented on process and (Legislative advised there was no need for the City Council to The motion was approved Public Hearing) make statements regarding declarations unless by a unanimous vote of —Tigard circumstances changed since the last hearing. Council present. Development Councilor Sherwood advised she was not present at Code Chapter the initial public hearing; she said she drives by the Mayor Dirksen Yes 18.510 to Allow site. Councilor Buchner Yes School Bus Councilor Sherwood Yes Parking as an Planning Manager Bewersdorff reviewed the history Councilor Woodruff Yes Accessory Use of the request before the City Council. on High School Sites in Mayor Dirksen advised that public testimony had Residential been closed on March 13;however, additional Zones Sub)ect public testimony can be received if necessary. to Location and Time Councilor Woodruff advised at the initial hearing Restrictions there was concern expressed that this would be a (Not Within 200 long-term use. With a three-year limitation, he Feet of a indicated he could support the proposed Property Line amendments. Councilor Buchner and Councilor Abutting a Sherwood indicated they agreed with Councilor Residential Use Woodruff. and Not More Than Three Council considered Ordinance No. 07-05: Years) ORDINANCE NO. 07-05—AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510— RESIDENTIAL ZONING DISTRICTS SPECIFICALLY TABLE 18.510.1, USE TABLE TO ADD FOOTNOTE 12 TO ALLOW SCHOOL BUS PARKING AS AN ACCESSORY USE ON HIGH SCHOOL SITES WITHIN ALL RESIDENTIAL ZONES S. Approve Metropolitan Area Communications Commission Motion by Councilor Ordinance (MACC) Administrator Bruce Crest presented the Sherwood, seconded by Granting a information about the proposed cable franchise Councilor Buchner, to adopt Cable Franchise agreement with Verizon Northwest, Inc. to the City Ordinance No. 07-06. to Verizon Council. Northwest, Inc. There was discussion on the Tigard City Council Minutes - April 10,2007 9 enda Item Discussion& Comments Action Items (follow up) The written copy of the MACC staff report is on file motion. Councilor Buehner in the City Recorder's office. noted she would have problems voting in support The Mayor responded to a request for testimony because her past experiences from members present in the audience. Mayor have been sufficiently bad; Dirksen advised that this was not a public hearing she indicated she would and public testimony would not be taken at this likely vote "no." Councilor time. Woodruff said he viewed support for this ordinance as MACC Administrator Crest spoke of the benefits of a"step in faith" and was competition to the advantage of subscribers. supportive because he believes in competition and During the discussion reference was made to offering choices. He said he .Verizon as a franchised business in the City of hoped this would be a good Tigard. City Manager Prosser clarified that Verizon thing for citizens. Councilor does not have a current franchise agreement with Sherwood indicated the City. The City has adopted an ordinance for agreement with Councilor service providers such as Verizon and regulations, as Woodruff s comments and specified in the ordinance are being used. added she was aware of MACC's work in getting the Councilor Buehner noted concerns about service agreement to this point. and the need for consistency. She questioned Mayor Dirksen indicated he whether any assurances could be made that Verizon was supportive of the would comply with the agreement. MACC agreement and commented Administrator Crest explained how Verizon services on the differences being are separated out. MACC has the responsibility to presented in this agreement assure the agreement is followed and that Verizon from the previous franchise complies with the terms of the agreement. City agreement with Comcast. Manager Prosser advised that the "right-of-way" He said his support was not ordinance does not address billing issues;those are just because other cities in regulated by the state. MACC's jurisdiction have given their approval. Mayor MACC Administrator Crest said it was hoped that Dirksen said he favored when Verizon launches its services, the resulting continual review and competition with companies (i.e., Comcast) will be additional requirements if of benefit to the customer. needed. He indicated he also supported the agreement Councilor Buehner noted problems she has because of the competition it encountered with her business telephone. Councilor would bring. Woodruff advised that there have been a number of complaints from citizens with regard to work done The vote on the motion was by Verizon contractors when lines were being conducted by roll call: installed. Mayor Dirksen Yes The City Council considered the proposed Councilor Buchner No ordinance. Councilor Sherwood Yes Councilor Woodruff Yes Tigard City Council Minutes - April 10,2007 10 Agenda Item Discussion& Comments Action Items (follow up ORDINANCE NO. 07-06—AN ORDINANCE The motion was approved GRANTING A NON-EXCLUSIVE CABLE by a majority vote of Council FRANCHISE TO VERIZON NORTHWEST, present. INC.,AND DECLARING AN EMERGENCY 9. Ballot Public hearing was set over to May 22, 2007. Measure 37 Quasi Judicial Public Hearing —Way W.Lee General Contractor,Inc. 2006-00004) Motion by Councilor Adjournment The meeting adjourned at 8:57 p.m. Woodruff, seconded by Councilor Sherwood, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Sherwood Yes Councilor Woodruff Yes Catherine Wheatley, City Recorder Attest: c Mayo City of Tigard Date: C') O Tigard City Council Minutes - April 10,2007 l l