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City Council Minutes - 12/11/2007 Agenda Item No. = For Agenda of 2 S' TIGARD CITY COUNCIL/LOCAL CONTRACT REVIEW BOARD Meeting Minutes December 11,2007 Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Councilor President Sherwood ✓ Councilor Buehner ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Staff present: City Manager Prosser, Community Development Director Coffee, Public Works Director Koellermeier,City Attorney Ramis,and City Recorder Wheatley. • STUDY SESSION o EXECUTIVE SESSION:The Tigard City Council went into Executive Session under ORS 192.660 (2) (e) to discuss real property transactions and ORS 192.660 (2) (h) for consultation with legal counsel regarding pending litigation. The real property transaction discussed during the Executive Session was considered by the City Council during the Business Meeting (see Agenda Item No. 6) Track 2 o City Attorney Review and City Attorney Rate Increase Request Council reviewed the comparison worksheet with regard to rates for legal services for other jurisdictions. Council members discussed with the City Attorney the changes proposed in the rate structure and how the process for legal services has changed since the City Attorney's office merged with the offices of Jordan Schrader. There was general agreement among the City Council members to support the request for a City Attorney rate increase. Background information is on file in the City Recorder's office. A motion approving the rate increase was considered and approved during the Business Meeting; see Item No. 10—Non Agenda. Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 1 Track 3 o Preview of DVD "Water for Tomorrow" Council reviewed a taped presentation regarding Tigard's efforts to secure a long-term water source. This program will be aired on cable television,TVCTV. o Flooding assessment: Staff will give a storm assessment update on the recent heavy rains and flooding during the Non Agenda portion of the Business Meeting;see Agenda Item No. 10. o Community Development Director Coffee referred to the Business Meeting Consent Agenda Item No. 3.3. The City Council considered and approved the proposed resolution on the Consent Agenda. o The Council Calendar was reviewed for upcoming meetings. Study Session concluded at 7:28 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board meeting to order at: 7:35:11 PM 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Councilor President Sherwood ✓ Councilor Buehner ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports Councilor Buehner advised she would present a report on her recent tour of Tigard with Tri Met Executive Director Hansen. 1.5 Call to Council and Staff for Non-Agenda Items Council considered the City Attorney rate increase proposal during the Non Agenda;see Item No. 10. 2. CITIZEN COMMUNICATION • Tigard High School Student Envoy Megan Foltz presented a report on the activity at Tigard High School for the last month. A copy of her report is on file in the City Recorder's office. • City Council viewed a presentation by the Durham-Twality Lego Robotics Team consisting of 5''' and 6`h grade students on a Tigard project for sustainable,renewable energy. 7:39:10 PM Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 2 • Citizen Communication: None 7:49:35 PM • Follow-up to Previous Citizen Communication: None 7:49:40 PM 7:49:46 PM Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA: 3.1 Receive and File: Canvass of Votes for November 6, 2007 Election — Certifying that Nicholas Wilson was Elected to a One-Year Term, January 1, 2008 through December 31, 2008 3.2 Reappoint Rex Caffall and Stuart Hasman to the Planning Commission — Resolution No. 07-66 A RESOLUTION APPOINTING REX CAFFALL AND STUART HASMAN AS VOTING MEMBERS TO THE PLANNING COMMISSION 3.3 Approve Modification to Existing Fees and Charges Schedule to Collect an Additional Four Percent State Surcharge on Permits Issued by the Building Division—Resolution No. 07-67 A RESOLUTION AMENDING RESOLUTION NO. 07-35, MASTER FEES AND CHARGES, TO INCREASE THE STATE SURCHARGE ON PERMITS ISSUED BY THE BUILDING DIVISION BY 4% AS REQUIRED BY STATE LAW Motion by Councilor Woodruff, seconded by Councilor Wilson, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 3 7:51:02 PM 4. INTRODUCTION OF THE NEW TUALATIN VALLEY FIRE AND RESCUE (TFV&R) TIGARD STATION 51 FIRE CAPTAIN • TVF&R Chief Jeff Johnson introduced Station 51 Fire Captain Chris Dawson. There were comments by the TVF&R representatives and Mayor Dirksen about the ongoing partnership between the Fire District and the City. The Fire District recognizes the importance of community involvement. The City and Fire District have collaborated on the new fire station and Chief Johnson expressed his appreciation of the City's efforts. 7:56:52 PM 5. RECEIVE THE 2006/07 SILVER SAFETY AWARD PRESENTED TO THE CITY OF TIGARD BY THE LEAGUE OF OREGON CITIES AND CITY/COUNTY INSURANCE SERVICES BRONZE MEDAL AWARD FOR WELLNESS PROMOTION Risk Manager Mills presented the staff report for this agenda item. The City of Tigard has won, for the 9t" year in a row, a safety award from the League of Oregon Cities. This year,the Silver Safety Award was presented to the City of Tigard. Risk Manager Mills advised that for the first time the City of Tigard received a Bronze Medal Award for wellness promotion. Over the last several years, the City has seen an increase in the program participation level from 43 percent in 2002 to 84.9 percent in 2007. Increased participation is attributed to Human Resources' and CIS' efforts to encourage and educate employees on the program participation benefits. City Recorder's Note: Agenda Items were rearranged from the order listed on the City CouncilAgenda. The City Council considered Agenda Item No. 7 next at 8:04:05 PM. 7. CONTINUATION OF LEGISLATIVE PUBLIC HEARING FROM THE TIGARD CITY COUNCIL MEETING OF OCTOBER 23, 2007 — COMPREHENSIVE PLAN AMENDMENT CPA2007-00001 — UPDATE OF GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOAL 6: AIR, WATER, AND LAND RESOURCES QUALITY; GOAL 8: RECREATION NEEDS;AND GOAL 13: ENERGY CONSERVATION REQUEST: Amendments to the current Comprehensive Plan Topics 3: Natural Features and Open Space; 4: Air, Water, and Land Resources Quality; and 9: Energy by updating the goals, policies and recommended action measures to reflect current community conditions and values. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard- or.gov/code— amendments. LOCATION: Citywide. ZONE: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan Policies 1, 2, 3, 4, 8, & 9; Metro Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 4 Functional Plan Title 3 and 13; and Statewide Planning Goals 1, 2, 5, 6, 8, 11, 12, and 13. a. Continuation of Public Hearing process on this agenda item from the November 27,2007 City Council meeting—City Council deliberation. b. Associate Planner Wyss reviewed the proposed ordinance, which included the changes requested by the City Council dulling its previous discussion. C. City Council consideration. Councilor Wilson commented that on Goal 13.1, 6.a. should be corrected from "and other accepted standards" to "or other accepted standards." Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt Ordinance No. 07-22,with the correction as noted by Councilor Wilson. ORDINANCE NO. 07-22 -- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2007-00001 TO UPDATE TO UPDATE THE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES PERTAINING TO STATEWIDE PLANNING GOALS 6: AIR, WATER, AND LAND RESOURCE QUALITY, 8: RECREATIONAL NEEDS, AND 13: ENERGY CONSERVATION 8:15 PM 6. DISCUSSION WITH WASHINGTON COUNTY COMMISSION CHAIR BRIAN Washington County Chair Brian and Washington County Intergovernmental Relations Specialist Mulvihill were present. A surnmaiy of the discussion follows: 8:10:57 PM • Urbanization o Chair Brian: There is nothing more important than to talk about the urbanization issue. It is the umbrella of everything else: transportation, planning, and areas 63 and 64. Our interests are served if we can agree on urbanization issues.What we do in the next couple of years will set the protocol for where we grow, how we grow, governance, taxation, division of capital, operations, densities inside and outside of the Urban Growth Boundary, water supply,and transportation. There is really nothing that isn't affected by this. o Chair Brian: It is estimated that there will be 400,000 people joining Washington County in the next 23 years. o Chair Brian: In 40 years, we could realize a population of 700,000 in the County. We are now growing at over 1,000 people a month, which represents about 400 new homes per month. Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 5 • Tigard Downtown o Chair Brian: Attended the Railvolution Conference this year,which focused on transit-oriented development. ➢ Mayor Dirksen and Chair Brian discussed the topics to focus on this evening. Mayor Dirksen advised that the City Council chose three issues to talk about: 1. Downtown Tigard Plan: Where things are now and what we are looking to do in the future; 2. Status of Commuter Rail: 3. Urbanization: How the planning for Area 63 and 64 is proceeding. • Urbanization (cont.) o Mayor Dirksen: Looking forward to the urbanization summit. He suggested a possible overview of the issue, which would be to suggest that we ask participants discuss: "What do we want the County to look like in 23 years when those 400,000 people have arrived? What do we need to do between now and then so that it comes out that way?" o Chair Brian: If we continue to grow incrementally by happenstance with small urban growth boundaries and infill, what will it be like with an additional 400,000 people? Are we developing neighborhoods and communities that have a sense of place;that is,places that people where people will want to return and places that have character. o Chair Brian: We have the opportunity to establish protocols for quality growth and building a sense of community while we are growing so much. o Chair Brian: In past years, population projections have always been low. The urban reserve process is supposed to plan for 40 to 50 years, so you need to be thinking about planning for about 700,000 more people. Up to now, the only thing that has driven the planning is State law,which says Metro must establish boundaries for a 20-year land supply. No one is pleased with what has occurred, including the agricultural community, cities, the county, and Metro. The urban growth boundary adjustments have not been adequate when you are talking about the type of population we are now talking about. Collectively,we all worked in the 2007 Legislature for Senate Bill 1011, which was the urban reserve, rural reserve bill to establish the authority for our region to engage in this reserve planning. 0 8:17:34 PM Chair Brian: Metro is in the process of finalizing a regional reserve steering cotnnuttee. Starting in January and for the next 18 months, this committee will apply a number of criteria that were developed in the last two years to determine where the urban reserves should be. All growth in the region will occur within these reserves. There are advantages. We will know where the growth is going to be so we can do conceptual planning, right-size the infrastructure, and plan for transportation. The agricultural community can quit looking"over their shoulder" every two-to three-years when it comes time for boundary adjustments to find out whether the urban area will "eat their farm." This has to be done carefully as these boundaries are supposed to last and be firm for 40 to 50 years. 0 8:18:58 PM Chair Brian: Criteria has been added that has not been used before by Metro, such as cost of infrastructure, consideration of the Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 6 marketplace, what growth in a certain area will do to transportation patterns, etc. 0 8:19:50 PM Chair Brian: What participation should we have in the regional reserve process? If collectively, the cities, the County, the special service districts, and the community do not get involved, then someone else will make the determination of protocols in the reserve area. We know the community best; we know the terrain, the growth patterns, and the sense of the communities. We should have a lot to say about where these criteria are applied and where we grow. 0 8:20:28 PM Chair Brian: The steering committee is a regional committee. He has talked to all of the Mayors about the need to do more to plug into the process and also for issues beyond with regard to the scope of planning for the reserves. As a result,we have come up with"this urbanization forum." County Administrator Bob Davis has designated two or three city representatives and special service district representatives to plan the forum to determine the format. He suggested it would be good to have a professional facilitator to assist in the planning agendas and running the meetings. These will be public meetings. Participants will need to be city councils, board members of special service districts, and all of the County commissioners. He said there will likely be multiple meetings to discuss the issues. 0 8:22:22 PM Chair Brian: The urbanization forum will start a dialogue among us regarding the protocols and how we approach the future. 0 8:22:35 PM Chair Brian: In addition to the forum, a crucial component will be the outreach to and participation of citizens. 0 8:23:04 PM Chair Baan: Commented that we had a good Goal 5 process with representatives participating from each jurisdiction. There also was a group of technical staff consisting of planning directors who brought issues forward to the policy committee. The policy was formulated by the Goal 5 committee and then forward to Metro. 0 8:23:48 PM Chair Brian: Suggested that the committee structure and process for the urbanization forum could be similar to the Goal 5 procedure so the planning directors would provide suggestions (applying the criteria) as to where the reserves should be. Metro has not discussed any criteria concerning governance. Metro is looking at where the people will go and we are asking "who will provide the service,what is the governance?" 0 8:25:02 PM Chair Brian: This leads us to some of the things that we know already. Water supply — we need concept planning. The Urban Growth Boundary will march out incrementally into these reserves as required to meet the 20-year land supply. What triggers the expansion of the Urban Growth Boundary within the reserve area? How many acres should we be looking for in these reserve areas? How much of the future growth should be targeted inside our existing Urban Growth Boundary, concentrating densities at the center and on corridors, and redeveloping certain neighborhoods. He noted efforts to place density inside the existing Urban Growth Boundary to minimize expansion into the farms and forest. 0 8:26:02 PM Chair Brian: Suggested thinking about growth in terms of the number of people who need to be accommodated, subtract the number of Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 7 people we feel we can put inside the Urban Growth Boundary and the rest are outside. The question then is at what density? Ten units per acre? Six? Twenty? This would calibrate how many acres would be needed as you go about determining the reserves. 0 8:26:35 PM Chair Brian: There will be a lot of issues. How do you serve the reserve areas? What will be the impact on the existing Urban Growth Boundary,whether or not currently within a city? He noted how people would feel about increased density in their neighborhoods with increased traffic on older streets. Perhaps we need to think of three or four "Pearl-like" districts. Downtown Tigard might be one, or Beaverton, or 185`" at Highway 26. There might be three or four locations around the County where we should have that kind of density. But each location might be inhabited by 10-15,000 people, which represents a fraction of the 400,000 expected in the next 23 years. Clearly other things are going to have to be done. 0 8:27:46 PM Chair Brian: Some opinions expressed by those serving at Metro are saying that the growth should be contained within the existing Urban Growth Boundary as much as possible. He commented on the adverse effects of this density on our current neighborhoods and streets. A balance should be expected at the conclusion of the discussions because there are clearly differences of opinions. 8:28:28 PM • Commuter Rail/Tigard Downtown o Chair Brian: As you think about downtown and the commuter rail, it is "right on track." It is under construction. The official opening is planned for September 12, 2008. We will take possession of the first car in about April and start testing it. There will be opportunities for preview rides for officials once the engineers and the technical people have tested each car. 0 8:29:37 PM Chair Brian: The commuter rail for this region was named by the winner of a citizen contest. The name is, "Westside Express Service (WES)." 0 8:29:53 PM Chair Brian: Commented on the issues of station and station area planning. What opportunities are there for transit-oriented development and for stops along the way? How do we take advantage of that? In order to utilize adjacent areas,planning will be needed. 0 8:30:31 PM Chair Brian: Commented on the changes as to what developers and planners are thinking now that they have acquired some learning through experience. For example, parking lots were often sited adjacent to the station, but then this does not help your commercial aspect. Now, the thinking is to have the commercial area and housing next to the train station. He shared with the Council pictures illustrating this new trend for development. The real questions are: How do you get this started? How do you get the first venture capital? Part of this has been done. 0 8:31:45 PM Chair Brian: Commented that he has lived in Tigard for 35 years and there has been about four Blue Ribbon Task Forces formed to plan for the downtown. The current effort is the first to actually come up with a real plan with public support through urban renewal. Now, the challenge is how to get that first quality developer in. Do you try to get a master developer who will Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 8 develop more than one building and get others to build? What will they look for; why will someone come here? He has heard that the trend is that people are moving back to the city centers; particularly, the elderly and professionals. The work force is moving back to take advantage of transit. The key is to provide nearby services and amenities. Developers want to see that the public partners have funds for strategic acquisitions and development of infrastructure (parks, parking, and transportation). The government needs to show it is serious and to promise that the public improvements will occur before developers will invest millions of dollars. Developers are looking for cities and Jurisdictions that are serious about "adaptive reuse"; that is, redevelopment. They are looking for flexibility and rules that will allow urban infill. They are looking for some sort of traffic count reduction and, perhaps, parking requirement reductions. If transit is valuable to a place, there is an implication that the ordinary amount of traffic should not be generated in this area. Developers expect that if they pay a premium to locate in an area, then they will get credit for the transportation and parking count. 0 8:34:56 PM Mayor Dirksen: Typically in development, you require a certain minimum number of parking spaces per square foot or unit. To spur transit- oriented development, codes need to be changed so there are a maxum n number of parking spaces allowed. 0 8:35:33 PM Chair Brian: Agreed with Mayor Dirksen's comment above. 0 8:35:54 PM Chair Brian: Establishing "parking authorities" seem to be a tool used more around the country. These authorities represent a partnership between the private sector and government agencies. He corrunented that in his opinion, all of our public projects are so big and expensive, they are almost all multi-sourced. None of us have the money to do what we'd like to do, so partnerships are needed. 0 8:36:30 PM Chair Brian: Commented on allocated parking. For example, you might have a three-story parking garage. He said he saw some designs where the first level was underground and the second level was at grade, but hidden behind a landscape berm. The third floor is painted and perhaps covered in ivy and looks attractive. The parking then is allocated to the residents, general retail,and the commuters. 0 8:37:08 PM Chau Brian: Reported that in Hillsboro, the five-story parking garage owned by the County is designated so that the top floor is leased to TriMet and commuters. There are three stories of public and employee parking. The ground floor is retail for the ground floor retailers. 0 8:37:40 PM Chair Brian: Parking is a real problem in transit-oriented development because the less expensive parking is surface parking, but we are looking for a density, urban-feel philosophy. You do not want to be "burning up" acres of expensive and increasingly scarce land for surface parking. Going H up seems to be the best answer. Fie'distributed an illustration of two, three- story parking garages that are integrated into the plan and concealed from the street. 0 8:38:43 PM Mayor Dirksen: Commented that he thought Lake Oswego had an innovative solution with a multi-story parking garage with retail constructed all around it so the garage is not seen—it's located inside the retail. Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 9 0 8:38:57 PM Chair Brian: Developers like to have the jurisdiction they are dealing with have an "Office of Urban Design" or someone who understands the urban code and can facilitate between multiple partners. He suggested that most of us in this county would probably just have a staff person, not necessarily an "Office of Urban Design."This is a way of labeling that"We are open for business in this respect." 0 8:39:31 Phi Chair Brian: The goal is to leverage public resources and attract private investment and private-sector expertise. We have learned a lot about this facet of transit-oriented design. The developers have a lot of expertise as well and, ultimately, they must be satisfied that they can make a fair profit. Developers have indicated that things that save time and money are highly valued: i.e., consolidated land ownership, land preparation — removal of old buildings and obstacles, infrastructure already in place, and having staff dedicated (urban design). He reviewed some of the measures other jurisdictions have instituted to assist the developer -- land leases with subordination so the developer doesn't have to front the cash on the land and can put the money into the building, help with parking, infrastructure, certainty, density bonuses, tax credits or abatements—these are all things that help get those conversations going. 0 8:41:03 PM Chair Brian: Federal assistance could come from the Transit Administration, Housing and Urban Development, and workforce housing. We have a couple of members on our Congressional delegation who are strategically placed: Congressman Defazio Chairs the Surface Transportation for the Transportation Committee; Congressman Blumenauer is on Ways and Means; both senators are active in helping us as is Congressman Wu. We are looking at incorporating transit-oriented development, public/private partnership incentives into 2009 legislation (SAFETEA-LU or Safe, Accountable, Flexible, Efficient Transportation Equity Act: Legacy for Users) so there is potential for assistance. There was $300 million available for transit- oriented development; however, last month Chair Brian said he talked to the Deputy Administrator for the Federal Transportation Administration and he said they were sorting through grant applications representing requests for more than to $2 billion. 0 8:42:46 PM Mayor Dirksen asked if there has been any consideration at the Federal or State level for transit-oriented development tax credits or incentives? We could offer them in the City of Tigard, but "it wouldn't take you very far." Perhaps we should discuss with our legislative delegation to press for either State or Federal tax incentives. 0 8:43:17 PM Chair Brian: Agreed with Mayor Dirksen's suggestion. He said part of the urbanization process through 2008 will be to identify barricades to doing what we need to do including legislative changes. We have already talked to a number of legislators about the need for new and improved modern tools if local governments are supposed to deliver"all of this." "We are the ones on the frontline." He referred to annexation and the additional restrictions; these laws do not help getting these areas incorporated and served. 0 8:44:15 PM Mayor Dirksen: In response to Chair Brian's comments above,he said this was another issue where he would encourage our State legislators to do Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 10 the same thing that he is encouraging us to do at the urbanization forum: Instead of reacting to an outcry, consider the long-term solution and whether "my actions today" are moving toward the solution or away from it. The real question isn't the annexation issue, the real question is the equalization of services and the cost of services. o 8:44:55 PM Chair Brian: Commented that if you take the urban reserves and the Urban Growth Boundary — by definition Urban Growth Boundaries are expanded at the edge. More often than not, these are one, two or three miles away from the nearest City limits. The City cannot get there and even if people out there want to annex, they are two miles away, and they have to get a preponderance of the neighbors to agree. However, with the "Greenfield" areas, these are less complex than what we have now. At 521,000 population in Washington County now, 300,000 of the population is in cities and 220,000 live outside cities. If we keep the status quo approach, he thinks in the next 20-25 years, cities will increase to 300,000 to 400,000 population and unincorporated areas will go from 200,000 to 500,000 population. He said that this, to him, is not the way to go. We have to figure out, not only what we do with the new areas, but what do we do with the areas between the city limits and the new areas. o 8:46:10 PM Councilor Buchner: Suggested that it would be helpful in the forum process if there was continuity of zoning. As an example, she cited zoning definitions for minimum density in the County versus the City of Tigard: The same piece of property that could be developed at 10 units per acre inside the City of Tigard if annexed could develop at 11 units per units per acre in the County. This is a disincentive for a developer to come into the City, which defeats the theory of areas that want urban services to come into cities. She said that it seemed to her that you should be looking at making- zoning be uniform so that this particular kind of issue goes away. She added that there are a number of issues similar to this. She said she was hoping that in the forum, both the County and all of the cities will be open to looking at those kinds of ordinance changes. o 8:47:25 PM Mayor Dirksen: Commented that Councilor Buchner's suggestion was a great idea. He referred to the long-term effect if we continue the status quo and, he thinks the answer is "somebody is going to bankrupt; it's either going to be cities because we are providing services to the folks who live outside the cities...Or, the County is going to go bankrupt because they are going to have to find monies and ways to provide the services that people demand who move in urban areas and don't pay city taxes." Even today in Washington County there are millions of dollars,probably$20 million a year,in lost revenue because franchise fees and SDCs are not collected. o 8:48:19 PM Chair Brian: Said that it is estimated that $20-24 million is now lost per year for those citizens who are in the unincorporated area and are ineligible for State-shared revenues.. There is more pressure on property taxes for those people because this $20 million is being left on the table that isn't being tapped out of the State pool. We are scratching the surface. o 8:49:10 PM Chair Brian: Area 63 and 64 — Similar to North Bethany things have been going along up there fairly well. Generally, people are pleased with Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 11 the North Bethany process and the plan they have come up with. The development community has not been pleased with the infrastructure numbers. But, now that the design has firmed up, we can now start talking about the phasing, and saving right-of-way area for future growth and things that will snake the cost more approachable. He spoke recently with Kathenine Persson, President of the Portland Community College Rock Creek Campus who chairs the North Bethany Committee and she said she thought the process was going well. It is likely this work will be adopted by the County in the late spring. At this time, they are moving into the financial plan and the various options and tools of how to pay for the infrastructure. The primary source will be the development community: they will pay for local roads, SDC's and the cities and County have been working on the County transportation plan to determine how to fill the gap between the identified $3.8 billion of construction for the next 15 years and the currently identified money, which leaves about a $1.3 billion gap. One of the things considered is to increase the Transportation Impact Fee (TIF). The County has been increasing the TIF as the ordinance allows, which is 6 percent per year. This has not reflected the increases in the cost of steel, concrete, asphalt, and labor. The TIF is quite behind and the staff from all the cities and the County have worked up some options. One of the options is to increase the TIF beyond the 6 percent; in fact, double it. This proposal is moving its way toward the County board. He has met with homebuilders and others who recognize that if infrastructure is not taken care of, we will not have any place to build. He anticipates the increased TIF proposal will be on the May ballot: "Should developers pay more of their fair share?" If it passes it will help, but will represent only about $6-7 million per year. 0 8:52:27 PM Chair Brian: Another item that collective staff and the Washington County Coordinating Committee is recommending is that we look at increasing the Major Streets Transportation Improvement Plan (MSTIP). They have recommended a variety of rates and options. More homework is being done to determine what the public might support. 0 8:54:38 PM Chair Brian: Cominented on statistics from a recent survey to citizens: 53 percent want traffic to be reduced by increasing road and highway capacity, 47 percent want more public transit. He said this statistic has shifted, but said what they don't know is whether are those people who want to use public transit or are they thinking others will use it. 0 8:55:23 PM Chair Brian: Said they also need to look at transportation in the neighborhoods. There is a lot of interest in sidewalk connectivity and more bike paths. MSTIP funding has always been primarily for roads and highways, with some small amount set aside for free-standing bike/pedestrian paths. The County is getting a lot of contact from people who are asking for $40-50 million for bike/pedestrian path projects. The County is trying to raise revenue to get the job done that we all know is there. They also want to meet community needs. 0 8:56:18 PM Chair Brian: The County will be back to the City's representative on the Washington County Coordinating Committee (WCCC) with the results Tigard City Council and Local Contract Review Board Meeting Muiutes—December 11,2007 Page 12 of the County's data gathering. The high amount proposed was $1.07 for transportation. 0 8:56:51 PM Mayor Dirksen addressed the City Council to advise that he brought back from the WCCC meeting yesterday the 200 percent list for a proposed MSTIP. This information will be in this week's City Council packet. He has also asked that the City Engineer do an analysis and provide it to the City Council. 0 8:57:37 PM Councilor Buehner: Addressed Chair Brian regarding planning for Areas 63 and 64. An additional financing issue that is going to have to be addressed in that plan is parks; this was not an issue in Bethany because that area will be in the Tualatin Hills Park and Recreation District. Planning for parks has been a problem for the southern part of the County. As the area of Bull Mountain (that is not in the City) has developed, there has been a tremendous loss of dollars dedicated for parks because the County does not have parks SDCs. She asked if he had thought about that issue in conjunction with the planning of Areas 63 and 64. Would this be an incentive to urge this area to look at annexing? 0 8:58:43 PM Chair Brian: Responded to Councilor Buchner that parks will be designed for areas 63 and 64. The question to be resolved will be to determine where funds will come for acquisition and operation. For example, THPRD has preliminarily indicated they are not interested in coming that far south. What will the future bring? Will that area be in the city or not? Water and parks are open items — the County doesn't know who will serve there. Those will be side discussions,which the City will be very much involved in as well as others. 0 8:59:32 PM Chair Brian: Advised the County is doing the Master Planning for Areas 63 and 64. For provision of services, he said he was hoping the professionals will get together and figure out how to get water there. If there is no water, there will be no development. At some point someone is going to have to figure out who wants to deliver that service; who can deliver that services; and, as the master planning goes forward, the County will get a better estimate of what the water demand will be. Then,it will have to be determined who has water rights. There are many questions but that's what the planning process is about. With regard to the financing tools, everything is on the table, including SDC's and urban renewal districts. He referred to some concerns about an urban renewal district for North Bethany and said urban renewal is a tool—there are lots of ways to look at that. For example, all other funds could be used and let development get started so that TVF&R and THPRD have some base funds. Or, you might wait a period of years; or, you might take in less than the whole. "We don't know, it's (urban renewal) not our first choice. But, we are also not taking it off the table because—it's a tool and it can help jumpstart good things." o 9:01:02 PM Councilor Buehner: Rephrased her question: "One of the issues that the Mayor raised was the fact that the folks in unincorporated areas, and it isn't just Tigard,...are using the resources of those cities without paying for those resources. And, a big concern that residents of the City of Tigard would have and, to a lesser extent the City of Beaverton, is that if there is not Tigard City Council and Local Contract Review Board Meeting Muiutes—December 11,2007 Page 13 sufficient planning and provision for parks in a large area like 63/64, that they will be using Tigard parks and possibly Beaverton parks again and just aggravating an already very difficult issue. And,it is antagonizing relations with the County." o 9:01:56 PM Chair Brian: Indicated he agreed with Councilor Buehner and added that this will be part of what the planning process will be about. The County has taken a firm stand in North Bethany that they will not adopt a set of zoning and plans and let development occur incrementally. The infrastructure needs to be in place, including the amenities. The development up to now has occurred in 10-40-acre segments and he described how the infrastructure typically is provided under these conditions. These types of areas are virtually gone. What we will see in the future is that the land supply will come substantially by virtue of Urban Growth Boundary expansions. So, we will see 200, 800, and 2000 acres at a time. It gives us a wonderful and challenging opportunity like Bethany. He commented that he does not know of a jurisdiction in the State that has the opportunity to start from a field and plan a community for 800 acres/12,000 population and plan "it right." That is, get things right sized, get the right of way, the amenities planned, and school sites planned. This is an opportunity. 0 9:04:58 PM Chair Brian: Advised that not only looking at 63/64 planning, but the area outside at the suggestion of Metro, which is north of Beef Bend and east of Roy Rogers Road—a large square tract not in 63/64, but will be integral to the future. He talked about the "impact halo," which is outside of the immediate planning area, but clearly will need to get integrated into the neighboring communities for traffic and so that it is part of the community. 0 9:06:30 PM Chair Brian: Advised the planning group for 63/64 is diverse, made up of people who live within the area and outside. Participants are also from the CPOs of King City,west Bull Mountain, developer/owners,and long- time residents. 0 9:06:53 PM Councilor Sherwood: Asked Chair Brian if North Bethany will be encouraged to form as a City, or will it be comprised of special districts? 0 9:07:08 PM Chair Brian: Responded that they have not gotten that far. It looks as if the development will be around 12,000. Neighbors of existing Bethany have indicated interest of coining into the North Bethany area and possibly incorporating a larger area. This would give a "toehold" for future expansion because it would be contiguous to that new City and it might make sense. But, it is up to that neighborhood if they want to initiate incorporation. 0 9:07:57 PM Councilor Sherwood: Will this be a model for "running by special districts?" 0 9:07:58 PM Chair Brian: Responded that "when we think about the future, I don't think anyone would have anticipated 20-35 years ago the special service districts that we now have. They are wonderful: they are multi-jurisdictional, they are large, and they have more capacity than any individual jurisdiction would have in terms of equipment and training. They are large, sophisticated and of good value—they are not going away. The unintended consequence of that,when it was started about 25 years ago,is that these districts provide some of the core services that cities normally provide. So, when the County does Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 14 surveys and asks the "are you happy" type of question, people are "pretty content." They have sewer, a water district, a fire district, and a recreation district (if on the north end). A huge percentage of these areas were built in the last 10-12 years, so they do not feel like an aging neighborhood with code enforcement problems. It's a very tough sell to convince them that they need to change. o 9:09:21 PM Chair Brian:Listed governance options in the future: A. Annex to the nearby city; B. Incorporate; C. Form a community service district (i.e., Sunriver);D. status quo or tweaking special districts. o 9:10:15 PM Chair Brian: Acknowledged the difference in the way counties and cities operate. As has been discussed, the counties have fewer State-shared revenues, but counties do provide Veteran, social services, mental health, criminal justice, courts,district attorney,etc. County budgets are just as strained as anyone else's. He said he really did not want the County to move toward providing municipal services. On the other hand, there are 200,000 people in the unincorporated area now and as the growing population moves into new areas, they don't know if they are in or out of a city and expect a municipal level of service. The County provides less code enforcement services than cities do, but they have been asked many times to add these services. The County has been asked to get more active in neighborhood traffic calming—and every step that the County takes to respond to these requests, takes them more into municipal services delivery; the County cannot afford it. In response to a comment by Mayor Dirksen, Chair Brian said they do advise people that they cannot provide a higher level of service because it is a municipal-level of service. o 9:11:54 PM Chair Brian: Commented that it was amazing that after 10 years of serving on the City Council and 10 years at the legislature, when he arrived at the County, he really was shocked at the difference between counties and cities. He referred to the partnership between the counties and the State because they provide corrections and jails; mental health, and aging services. It is a continuum. Most cities don't get into social services except for contributing to some efforts here and there. Counties have a different assignment. If, over the next 20-40 years, these areas are not in cities, some choices are going to have to be made. In some states the County does provide municipal services, but this would mean that we will need tax structure changes and authority changes. Washington County is unique in the State because they have large, special service districts. Long-term you need to ask, "What is really the best way.? What should we be doing that will guarantee quality communities where people want to live and work?" o 9:13:51 PM Councilor Buchner: Noted she is concerned about the following issue. Some of our unincorporated areas are aging. Infrastructure is getting old, the housing stock is deteriorating, and the roads are not up to standard. How are we going to address that issue? All of Bethany is relatively new, but 10-15 years from now, that infrastructure will be aging and the structure to maintain it is not there. There are areas in the County where this is already a major problem. Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 15 .o 9:14:56 PM Chair Brian: One of the unincorporated areas is surrounded on three sides by the City of Tigard and the last time he heard from them, they would like keep it that way. They have had opportunities over the last 25 years to join the City. The County has focused outside of cities. For public safety, the County has created the Enhanced Sheriff's Patrol District and it is a way to tLy to minimize (although there are tax equity discussions) or eliminate double taxation. The Enhanced Sheriff's Patrol District is for people inside the Urban Growth Boundary, but outside of cities, who want amore municipal-like law enforcement service, but still short of city-level service. This has been very popular; every five years there is an election to renew the District. To protect investments, the County established an Urban Roads Maintenance District, which is voted on every four or five years. Ninety percent of the County roads inside the Urban Growth Boundary areas are rated good or better. This has been a successful program in keeping the roads in decent shape. But, long term, something will have to change if there is to be redevelopment as the County does not have the money for this kind of thing. o 9:17:55 PM Councilor Woodruff. Said he appreciated that Chair Brian has spent this time with the City Council. He said that, in a sense, he feels badly for his position, because he knows Chair Brian represents all of the citizens of the County who talk to him about both sides of this question. It seems like that over time the role of the County and the services that they provide continue to inorph more into urbanized services because of the demand and a desire to do what people want. The more that this happens,the more confusing it becomes for people and then we don't know where the lines are to be. This doesn't necessarily relate to annexations but relates to what the County's core competencies are and what cities should be doing. He said he was hopeful that out of the process that is going to be occurring that there will be an organized airing of these issues. The more that that County tries to be everything that people want to have that aren't in a city, the more confusing it becomes about why they would want to be in a city. Perhaps, the ultimate will become that there are no cities, there is just one,large metro organization in the County that is operated by the County. He said he was anxious to see what comes out of this process. Councilor Woodruff said he appreciated Chair Brian's candidness; he knows there are no easy answers. o 9:19:50 PM Chair Brian: Agreed there are challenges. The special service districts are providing key city services. The County does not do comprehensive planning. Clean Water Services does some street sweeping services relating to cleaning flows into the Tualatin,but the County does not do city-level street sweeping. Code enforcement is not to city level. Chair Brian said the County has tried to contain the"mission creep," but the special service districts are getting better and more prominent at what they do. o 9:20:37 PM Mayor Dirksen: Some of the special service districts are great and do a great job and"I wouldn't change it." He commented that the Council had Fire District representatives before them earlier tonight. The service that they provide is second to none. o 9:20:50 PM Chair Brian: Agreed with Mayor Dirksen. The Fire District can afford equipment because of their size that any single city could not justify. The Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 16 challenge is, given that the special service districts are not going away, how do we shape governance around the fact these districts exist in this County. 0 9:21:14 PM Mayor Dirksen: There are other service districts provided by the County or the Sheriff, that do not work as well. One of our goals, if we are going to encourage citizens to proceed in a more sustainable direction, is to reveal the fact that some special districts do not that well and show them why. 0 9:21:38 PM Chair Brian: Commented that "It works real well for them." If service districts are not put out for renewal, then people in the unincorporated areas would have a relatively low, basic rural law enforcement. On one hand, you would think that might cause people to be interested in annexing; on the other hand, so many people live one-three miles away, they still could not come into a city if they wanted to. 0 9:22:28 PM Mayor Dirksen: The answer is, "Not one size fits all." There has got to be different solutions for different areas,depending on the circumstance. 0 9:22:33 PM Chair Brian: Advised the County has talked with a couple of jurisdictions about the County contracting with them. For example, south of Tualatin, there is an unincorporated area that is relatively isolated for the County's patrol units. He noted there is a good relationship, in general, with the cities' police departments and the sheriff's office. He commented on the expectation of collaboration in Washington County among jurisdictions. It's fine to have differences of opinions. 0 9:23:34 PM Councilor Wilson commented that a few weeks ago the City did some code language clean-up as a result of withdrawing from our agreement with the County to provide development services. We clarified that we would not provide city services unless a property annexed;primarily, this means sewer services. In a case where the sewer is uphill from the City and not contiguous, that might have the effect of limiting development. He suggested that Clean Water Services could do the same thing; however, he was not sure what the legal ramifications of that would be. We also have the question of who provides water to areas 63/64 and he said he thought the City would be hard- pressed to agree to service those areas if there was no provision for municipal services. He said that it is not so much who provides those as it is, but that the money is collected to see that they will provided somehow. As we look at areas such as Bethany and 63/64,it seems that the County could say that, "We don't really care whether it is annexed, formed its own, or money is simply collected so that the County can in some fashion provide those services; that there is a long-term collection of funds in order to provide the services that they will somehow get dealt with. And then, annexation really isn't an issue because taxes don't go up." o 9:25:29 PM Chair Brian: Said that if he understood Councilor Wilson correctly, he was in agreement. The thing with either area, 63/64, if the provision of water is not determined, there won't be anything to collect, because there won't be any construction going on out there. The Commissioners are also the directors for Clean Water Services and in Tualatin, Cornelius, North Plains, and Forest Grove, where property owners adjacent to the cities who wanted sewer service, the County held their application to give them a chance to apply for annexation to the City. These instances occurred in about the last year. He Tigard City Comicil and Local Contract Review Board Meeting Minutes—December 11,2007 Page 17 commented there is a court case in Oregon that might limit the ability to require annexation prior to service, so this might be a "bit of a grey area." Chair Brian: said that in response to Councilor Wilson's question, the County does not provide water, so this will be whatever water agency will take this on. The issue needs to be discussed during the planning. "You don't wait for all of the planning to be finished and then take it up —you parallel it so that, hopefully, there is some satisfactory resolution by the time we are ready to move on to zoning...I think that 63/64 is looking at a...spring '09 adoption by our board, so we will have a variety of discussions in addition to water..." o 9:28:42 PM Chair Brian: Referred to the regional committee noting that because it involves areas outside of the UGB, State law requires Metro to get approvals of the counties. There is a committee called the Core Fou that Metro asked to be formed, which is comprised of a representative from the Metro Council and three County chairs who must unanimously agree on the reserve areas. This will be an interesting process. He said he is so interested in the urbanization forun because there are going to be some important decisions made. o 9:30:14 PM Councilor Sherwood thanked Chair Brian for coming to tonight's meeting and for taking the leadership on the ten-year plan to end homelessness, convening the group,and doing the work he does on affordable housing- * 9:30:42 PM Chair Brian: Noted his appreciation for Councilor Sherwood's comments. Tigard takes backseat to no one for what it does for affordable housing and has stepped up more than any city in the County. This is a good example of"one of these big, expensive things" that no one of us can afford to do. 0 9:31:18 PM Councilor Sherwood commented that if every city would step up throughout the County. The leadership has been there and, again, thanked Chair Brian. 0 9:31:44 PM Chair Brian: Thanked the City Council for its time and for its partnership. 0 9:31:55 PM Councilor Buchner thanked Chair Brian for coming. She said that while he is involved with the Committee on the urban reserves, she hoped that they would take a look at the properties that were included in the prior set of urban reserves (next to 63/64). It might be idea to "shadow plat" those while going through planning process. 0 9:32:28 PM Chair Brian: This is a 40-50-year look. People are serious and the law is serious that once those areas are adopted as urban reserves it will be more difficult to change the reserve boundary than it is now to change the Urban Growth Boundary. The reserve boundary is meant for certainty for those of us who are providing services and for agriculture. These decisions will be made in the next 18 months. "You don't get a shot like this in our careers very often to snake such a huge set of decisions in 18 months that will last 40-50 years." Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 18 9:34:35 PM 8. CONSIDERATION OF REAL PROPERTY PURCHASE, 13335 SW HALL BOULEVARD,TIGARD, OREGON (SCHALTZ PROPERTY) Public Works Director Koellermeier advised that the City had made an offer on a parcel located 13335 SW Hall Boulevard. This is an 1.1-acre parcel with a home on it. An offer was made by City and accepted by the owner. The City has conducted the necessary due-diligence process. The City Council has the final decision and our offer will expire tomorrow if no action is taken tonight. The offer on the property was for $585,000,which was the asking puce. The City has done an appraisal, an enviromnental review, and home inspection; the issues that were found are manageable. A proposed resolution has been prepared for the City Council's consideration: RESOLUTION NO. 07-68 — A RESOLUTION APPROVING THE PURCHASE OF THE SCHALTZ PROEPRTY LOCATED AT 13335 SW HALL BOULEVARD, TIGRD, OREGON (TAX LOT 2S102DA00800) ADJACENT TO OTHER CITY PROPERTY. Motion by Councilor Buehner, seconded by Councilor Woodruff, to adopt Resolution No. 07-68, approving the purchase of the Schaltz property located at 13335 SW Hall Boulevard. Mayor Dirksen said this is a great opportunity that the City has essentially"fallen into." The City can preserve and take control of another bank of Fanno Creek, which is directly adjacent to the Fanno Creek Park. He added that it's an opportunity the City cannot afford to pass up. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 9:37:02 PM ➢ Storm Report Public Works Director Koellermeier gave an assessment report of the heavy storm that occurred last weekend. He said the information staff has right now is that it "was bigger than a 10-year storm, but smaller than a 50-year storm." We had more than 3 inches of rain in a 24-hour period. He said Fanno Creek is impacted very quickly during these kind of rain events,but it also subsides quickly. Two roads were closed: Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 19 1. North Dakota at Fanno Creek 2. Tigard Street at Fanno Creek At both of these locations, the bridges were under water for about 10-12 hours. Other typical high-water locations are on Hall Boulevard at Fanno Creek; he reminded the City Council that this is a State highway. The City monitored this road and communicated with the State throughout the day. Public Works Department staff supplied lighting at this location during the dark corrunute hours, and the City was able to keep Hall Boulevard open. Another issue was the usual problem at Burnham Street and there was flooding at the Stevens Marine property. Public Works Director Koelleuneier explained that this is due to an over-adequate storm system. The storm system is extremely deep, so back waters from Fanno Creek stop the exodus of water from the street. The repair of this situation has been taken into account in the Burnham Street improvement project. Public Works Director Koellermeier said the City communicated closely with the public during the storm event. During the event, there were four web site updates. Information was also supplied directly the City Council members. Public Works Director Koellermeier reported that, from a regional level, Tigard has participated twice in relief efforts for Vernonia. On Friday, a truck and operator were dispatched to Vernonia and then two trucks and operators were sent on Saturday. Public Works Director Koellermeier commented that one of Tigard's truck drivers reported that it was "a very humbling experience." Vernonia, which is not a very big community,has 200 homes that will have be totaled. In response to a question from Councilor Buchner, Public Works Director Koellerrneier reported that the pedestrian bridge on SW North Dakota is still closed. Because this bridge is a wooden structure, the City has elected to keep the pedestrian bridge closed until the Washington County bridge crew can perform an inspection. Councilor Woodruff thanked Public Works Director Koellermeier and all the Public Works Department staff for their important work and efforts to keep the public informed. Public Works Director Koellermeier said that flood plain areas are monitored during these storm events and check the correlation with the flood plain mapping models prepared by the Corps of Engineers. 9:42:42 PM 9. COUNCIL LIAISON REPORTS Councilor Buchner noted that a couple of months ago TriMet General Manager Fred Hansen met with the Tigard City Council. Some questions were raised about current and future bus routes in the City. After some discussion, Mr. Hansen agreed to take a tour of the City with Councilor Buchner. This tour was today. Mr. Hansen and his assistant, Torn Wills, spent about two and one-half hours driving streets in the north Tigard City Coancil and Local Contract Review Board Meeting Minutes—December 11,2007 Page 20 and west parts of Tigard looking at the newer roads and developments. Mr. Hansen said he was "quite shocked" at how much development has occurred and that Tigard was as dense, if not more dense, than the inner-southeast neighborhoods of Portland. Mr. Hansen said he was now more aware of the situation and these areas would be on his list as TriMet does priority planning for the future. He said there is definitely a need for additional bus service and to consider changing routes or adding another bus route. In response to a question from Councilor Wilson, Councilor Buchner said that Mr. Hansen had not personally been in the area for many years. During the tour, they looked at several different viewpoints to see the tremendous amount of development that has occurred in our area. Councilor Buchner said she feel positive that the tour helped Mr. Hansen understand the Tigard-area needs. Mayor Dirksen and Council members thanked Councilor Buchner for taking the initiative to put this tour together. 10. NON-AGENDA 9:45:54 PM ➢ City Attorney Rate Adjustment — City Manager Prosser reported that on October 11, 2007, the City Attorney presented the City with a letter requesting an adjustment to the rates as provided by their service contract. The current contract was entered into in December 2005 and established the hourly rates we have been using since that tune. City Manager Prosser advised, by contract, the City Council would need to approve the rate adjustment. City Manager Prosser said, for the record, the City Council had a discussion during the Study Session where the City Attorney presented the rate adjustment. Also, there has been a change in the structure in the law firm where the Ramis, Crew, Corrigan firm merged with the Jordan Schrader firm. The firm is now Jordan Schrader Ramis. This merger has led to a restructuring of rates. City Manager Prosser said Mr. Ramis has advised that this will represent a 5 to 10 percent overall increase in rates. Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt the attorney services contract as amended under the new forth of Jordan Schrader Ramis as stated in the October 11,2007,letter from Timothy Ramis. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 21 11. EXECUTIVE SESSION: Not held. 12. ADJOURNMENT 9:48:40 PM Motion by Councilor Woodruff, seconded by Councilor Buehner, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Catherine Wheatley, City Recorder Attest: i C--" May r, ity of Tigard Date: ) " ;6 I:\ADM\Cat1ay\CCM\2007\071211 final.doc Tigard City Council and Local Contract Review Board Meeting Minutes—December 11,2007 Page 22