City Council Minutes - 06/10/2008 Agenda Item No
Meeting of t,4Jv
City of Tigard
Tigard Business Meetin — Minutes
g
TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD(LCRB)
&CITY CENTER DEVELOPMENT AGENCY(CCDA)
MEETING DATE/TIME: June 10, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard- Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
• STUDY SESSION
CityManager Prosser announced the Executive Session.
• EXECUTIVE SESSION: The Tigard City Council went go into Executive Session at 6:31 p.m. under ORS
192.660(2) (d) and (h) to discuss labor negotiations and to consult with counsel regarding pending litigation.
• BUSINESS MEETING
1.1 Mayor Dirksen called the City Council and Local Contract Review Board to order at 7:38 p.m.
1.2 Roll Call:
Name Present Absent
Mayor Dirksen ✓
Councilor Sherwood ✓
Councilor Buehner ✓
Councilor Wilson ✓
Councilor Woodruff ✓
1.3 Pledge of Allegiance
1.4 Council Communications &Liaison Reports
Councilor Buehner will give a report at the end of the agenda regard urban and rural reserves.
1.5 Call to Council and Staff for Non-Agenda Items: None
7:38:50 PM
2. CITIZEN CONIMUNICATION
• Citizen Communication- Sign Up Sheet: No citizens signed in to speak
• Follow-up to Previous Citizen Communication
7:39:34 PM
City Manager Prosser reported that at the last City Council business meeting,Mr.J.G Sherman appeared before
the City Council who was concerned about negotiations with the Matsumotos who are owners of KEI
Embroidery. Mr. Sherman is a neighbor of the Matsumotos and was concerned that the negotiations were not
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being followed in a professional manner. After checking into this, City Manager Prosser advised that the City
has been working with the Matsumotos' adult children, Min and Dana, who have been handling the
negotiations. Staff followed up with Min and he indicated that things were still proceeding satisfactorily to the
family. It is hoped the issue will be resolved soon
7:+0:34 PM
Mayor Dirksen reviewed the consent agenda.
3. CONSENT AGENDA
3.1 Approve City Council Minutes for March 18,2008
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
c. Fifth Tuesday Meeting Notes for April 29,2008
3.3 Adopt Washington County Natural Hazards Mitigation Action Plan and Tigard's Natural Hazards
Mitigation Plan Addendum
3.4 Receive Annual Solid Waste Financial Report
3.5 Appoint Three New Members and One Alternate to the City Center Advisory Commission (CCAQ -
Resolution No. 08-26
A RESOLUTION APPOINTING MARTHA WONG,KEVIN KUTCHER,AND PETER LOUW
AS VOTING MEMBERS TO THE CITY CENTER ADVISORY COMMISSION, AND
APPOINT LINLI PAO AS AN ALTERNATE TO THE CITY CENTER ADVISORY
COMMISSION
3.6 Authorize Submittal of a Grant Application to Improve Traffic Signal Controllers and Coordination
along Highway 99W- Resolution No.08-27
A RESOLUTION AUTHORIZING STAFF TO PREPARE AND SUBMIT A JOINT GRANT
APPLICATION WITH THE OREGON DEPARTMENT OF TRANSPORTATION REGION 1
FOR STATE FUNDING TO UPGRADE THE TRAFFIC SIGNAL CONTROLLERS ALONG
HIGHWAY 99W IN THE CITY OF TIGARD
3.7 Local Contract Review Board:
3.7.a Award a Contract for Crack Sealing Services
3.7.b Award a Contract for Mowing Right-of-Way Areas Maintained by the City of Tigard
3.7.c Award an Enterprise License Agreement for Microsoft Services
7:42:23 PM
Motion by Councilor Wilson,seconded by Councilor Buehner,to approve the consent agenda.
The motion was approved by unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
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7:42:30 PM
4. PUBLIC HEARING- CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES
SERVICES QUALIFYING FOR STATE SHARED REVENUES
a. Mayor Dirksen opened the public hearing.
b. City Manager Prosser presented the staff report. A copy is on file in the City Recorder's office.
C. Public Testimony. None
d. Mayor Dirksen closed the public hearing.
e. City Council consideration:
Motion by Councilor Buehner,seconded by Councilor Wilson to adopt Resolution No.08-23.
RESOLUTION NO. 08-28 - A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD
PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
7:45:40 PM
5. PUBLIC HEARING- CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO
RECEIVE STATE SHARED REVENUES
a. Mayor Dirksen opened the public hearing.
b. City Manager Prosser presented the staff report. A copy is on file in the GtyRecorder's office.
C. Public Testimony: None
d. Mayor Dirksen closed the public hearing.
e. City Council consideration:
Motion by Councilor Wilson,seconded by Councilor Buehner,to adopt Resolution No 08-29.
RESOLUTION NO. 08-29 - A RESOLUTION DECLARING THE CITY'S ELECTION TO
RECEIVE STATE REVENUES
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
7:47:56 PN_f
6. PUBLIC HEARING- ADOPT CAPITAL IMPROVEMENT PROGRAM FOR 2008-2013
7:48:10 PM
a. Mayor Dirksen opened the public hearing.
b. CityManager Prosser presented the staff report and a PowerPoint presentation on this program. A
copy is on file in the City Recorder's office.
The CIP is the City's attempt to identify all of the projects to be undertaken to deal with the capital
infrastructure of the City.
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7:56:37 PM-
CityManager Prosser noted the Capital Improvement Program document needs to be reorganized and
requested City Council authorization for staff to do this at the time it considers the adoption of the
Capital Improvement Program.
757:28 PM
Councilor Buehner referred to some questions she had regarding Items 95870,95560 and 95830 and
requested City Manager Prosser send her additional information.
7:57:45 PM
Mayor Dirksen noted that Councilor Woodruff could not attend tonight's meeting and referred to a
question Councilor Woodruff had regarding making changes to the public works facility. CityManager
Prosser said this is in the 09-10 project LIST. This project is for the relocation or acquisition of a new
facility for the public works department. This is an unfunded project of about$4 million. City Manager
Prosser noted Councilor Woodruff's expressed concern that he had not specifically heard about this
project. City Manager Prosser said it was placed in the Capital Improvement Program because it is a
future need of the City. The Public Works Department is currently in two locations. The plan with
downtown redevelopment has been that the City would make the land where the old public works yard
is on Ash Avenue available for redevelopment;the Downtown Improvement Plan calls for that to be
available for higher density housing. If we are going to make that a reality,we need to start planning for
asingle facility for our public works operation. A public works operation is not an appropriate use in
the Downtown;i.e.,heavy trucks,workshops,etc. Having this project identified in the Capital
Improvement Program allows staff to start determining what alternatives are available.
8:0,1:0X1 PM
Councilor Wilson commented on the Washington Square Regional Center Trail Project. He said he
was a member of the Task Force for this project about seven years ago and,at that time, $200,000,000
of public improvements were needed in this regional Center. He said the Trail Project is the first
project and was glad to see that something was getting started. In addition,he thinks progress for the
Center has been slow,in part,because the City has chosen to focus on the downtown.
8.2:29 PM
C. Public Testimony
• John Frewing,7110 SW Lola Lane,Tigard OR said that a year ago when the 07-08 Capital
Improvement Program was under consideration he urged that the amount of money for sidewalks
and bikeways be increased. He believes it had been increased from$100,000 to $200,000,but
because of the expense at Burnham Street,this was removed entirely. He said City Manager
Prosser advised that this year there is $450,000 for sidewalks, but that includes where there are
street improvements where the sidewalk goes along with the street. In fact,this year there is only
$50,000 budgeted for sidewalks and bikeways (95420). He referred to his testimony to the Budget
Committee requesting increasing the amount for sidewalks and bikeways. As gas prices go up,we
need alternatives. He suggested that monies in the street portion of the budget be shifted so 10
percent more will go to bikeways and sidewalks. It doesn't make sense to him to cut the sidewalk
and bikeway budget by 50 percent when gas prices have gone up so much over the last year. He
asked the City Council to direct City staff to shift some money from other transportation projects
to improve sidewalks and bikeways in the City.
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Mr.Frewing commented on Ash Avenue. There were two items in the Capital Improvement
Program under transportation that appear to be an effort to end-nun the downtown planning effort.
At one time,the Downtown Plan showed Ash Avenue extending across Fanno Creek toward
Walnut Street. He does not want to see anything in the QP that would extend Ash Avenue across
Fanno Creek Park toward Walnut Street. Mayor Dirksen and Councilor Buehner indicated that
this was not in the CTP. Mr.Frewing commented that the wording was very general and he wanted
to make sure that there was no such effort. Mayor Dirksen said the items that are in the QP are to
improve Ash Avenue in both directions from Burnham: from the commuter rail station to provide
another access and the other is to improve the existing right of way from Burnham to a trail head
when it comes to Fanno Creek Park This is shown as part of the Fanno Creek Master Plan. Mr.
Frewing the wording says "to Fanno Creek" and suggested it be changed to read"to Fanno Creek
Park"
Councilor Wilson commented on Mr.Frewing's terminology"end run" around the downtown
plan. He recalled the Ash Avenue Extension across Fanno Creek was withdrawn from the
Downtown Plan,but that does not mean that it was withdrawn from every plan that the City has.
The extension remains in the Transportation System Plan;it is still a possibility. The QP is a five-
year plan and now there is no project identified in the QP for Ash Avenue to cross Fanno Creek
Mayor Dirksen clarified that the Transportation System Plan shows the extension of Ash Avenue
across the creek as part of the long-range plan;but,there has never been any funding for it or any
"solid" discussion to place it on a timeline. It was again pointed out it was removed from the
Downtown Plan. Mayor Dirksen said that at some point in the future,the City might want to
reconsider this as we look for transportation access;it is not on the five-year QP at this time.
Councilor Wilson commented on Mr.Frewing's testimony regarding funding for sidewalks. He
said he agreed with Mr.Frewing that it is important and suggested that an alternative to the CIP
might be to look at the Street Maintenance Fee fund. When this fund was started,the City
considered the possibility that once we got through the backlog of street repaving projects,that we
might consider using this revenue for other things such as sidewalks. Mr.Frewing indicated he
recalled that discussion. Mr.Frewing said he also recalled that it was a policy choice regarding what
the Street Maintenance Fee should be used for: street pavement or sidewalks. The policy after
hearing objections from the Oregon Grocers Association was for street pavement only. Councilor
Wilson said he thought the concern was that the uses for Street Maintenance Fee fund not be
expanded. This was modeled after the City of Tualatin's fee and Tualatin expanded this eventually
to include sidewalks.
8:11:19 PNI
d. Staff Recommendation
City Manager Prosser recommended approve the Fiscal Year 09-13 Capital Improvement Program with
the note for staff to restructure and clean up the document.
e. Motion by Councilor Buehner,seconded by Councilor Wilson,to approve the 2008-13 program for
Capital Improvement with direction to staff to clean up the organization of the document.
f. Mayor Dirksen advised before the City Council votes on the document,he would close the public
hearing.
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Councilor Buehner commented that the Capital Improvement Program was difficult to do this year
because the City was implementing a massive new computer program,which caused widespread
problems. Mayor Dirksen added that last year the City Council approved about a $20 million Capital
Improvement Program,which was the largest seen in the City for quite awhile. Everyone knows there
are a lot of infrastructure needs;this year we are doing almost$30 million. The ability to find money
has been due to City Council and staff working with jurisdictional partners. He hoped that as time goes
by the City of Tigard will continue to do as well or even better.
h. The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
8:14:00 PM
7. APPROVE A RESOLUTION ADOPTING CITYWIDE MASTER FEES AND CHARGES SCHEDULE
-RESOLUTION NO.08-30
CityManager Prosser presented the staff report. Tigard Municipal Code 3.32.050 requires an annual City
Council review of the citywide fees and charges. Tile fees and charges schedule is updated each June to
streamline the review process,have one document containing all fees and charges,and minimize the number of
resolutions and ordinances relating to fees and charges. Asummary of the proposed fee changes,additions,or
deletions is contained in the staff report,which is on file in the City Recorder's office.
After brief discussion,the City Council considered the proposed resolution.
Motion by Councilor Wilson,seconded by Councilor Buehner,to adopt Resolution No.08-30.
RESOLUTION NO. 08-30- A RESOLUTION ADOPTING TEE CITYWIDE MASTER FEES AND
CHARGES SCHEDULE WI UC H REPLACES RESOLUTION NO. 07-35 AND ALL SUBSEQUENT
AMENDMENTS TO DATE
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
8:20:22 Poi
8. PUBLIC HEARING- CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE
BUDGET,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY,AND
CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2008-2009
a. Mayor Dirksen opened the public hearing.
b. City Manager Prosser presented the staff report. He acknowledged the hard work by not only the
Finance staff but staff from all departments. City Manager Prosser reviewed the budget process. The
budget is a public document and is available for citizens to review online. A copy of the PowerPoint
presentation for this agenda item is on file in the City Recorder's office.
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8:30:33 PIv1
City Manager Prosser reviewed several technical amendments made by the Budget Committee,
including:
• Carryover funding of some projects
• Additional stipend for either the Mayor or the City Council president. City Manager Prosser
advised that the budget represents the authorization to spend;it is not a requirement to spend. The
additional stipend discussion and hearing will be held on July 8,2008
• A one-time contribution to the Broadway Rose capital campaign.
City Manager Prosser advised the proposed resolution not only adopts the budget,it declares the ad
valorem tax levy(property tax levy). Two new funds were created this year.
1. Tree Replacement fund,which will contain$575,000.
2. Trust Fund- remaining fund balance of the Grace Tigard Houghton of a large bequest
several years ago and a bequest from Neva Root. This fund can only be used for
improvements and amenities at the Library.
Councilor Wilson noted there were some significant projects or programs that did not make it into the
budget. CityManager Prosser reported that staff presented several issue papers to the Budget
Committee including one that outlined the possibility of creating a Criminal Court for the City of
Tigard. Presently,our court focuses on traffic offenses and we also have a juvenile court focusing on
first-time juvenile offenders. Any criminal issue must be adjudicated at the County Court in Millsboro.
Some cities have a Criminal court,which means they are able to adjudicate misdemeanor cases locally.
This has several advantages:
1. More convenient for victims of crime. Under the current system,if someone is the victim a
misdemeanor crime,they must drive to Millsboro,wait for the case to be called by the
Court,and then return to the Court on another day. It is a significant contribution of time
and many business owners,in particular,cannot be away from their businesses that long so
these cases do not get prosecuted to the extent that they should.
2. City staff time savings. We have to send a police officer to Hillsboro,which means time
that this officer is not patrolling the streets of Tigard.
3. Criminal Court would allow us to focus on those crimes that are of concern or of issue in
Tigard.
Fines levied would help pay for a portion of the court costs. Additional court staffing would be needed
as well in the Police Department because we would need to go to a 24/7 police records operation and
add one or two police officers to serve warrants. The fines anticipated would not pay the entire cost of
the Criminal Court;there would be some General Fund contribution. The Budget Committee was
intrigued with the proposal. There was some interest in moving forward,but it was felt that it needed
more public discussion and examination before moving forward. The Budget Committee instructed
staff,through the Commercial Crimes Unit,to contact local businesses to talk about this program to
determine if there was interest in this program Also,staff will solicit input from the general public.
The Budget Committee will review this program again in mid-year.
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8:41:13 PM
b Public Testimony
• Linda Monahan, 10248 SW Kent Court,Tigard,OR presented testimony noting concerns about the
proposed$45,250 stipend for the Mayor or a Council member. A copy of Ms.Monahan's June 10,
2008,letter to the Mayor and Gty Council is on file in the City Recorder's office. Ms.Monahan
advised that the $45,250 stipend is an ill-conceived proposal and those resources could be better
utilized to serve the community.
Discussion among the Mayor,Council members and Ms.Monahan followed.
> Councilor Wilson advised this proposal had been the subject of an editorial in the Tigard Times
last week. He said the intent of this proposal was not well-represented in this article. He said
this is intended to be a part-time professional position. The Gty is proposing a hybrid of a
Council Manager form vs. a strong Mayor form of government because over the years we have
seen Gty business become complex and requires more time. The Council felt that the Gty of
Tigard is not getting the representation in other levels of government where funding is found:
federal,state,county,and regional agencies (Metro,Trl4et). All of these different levels of
government have substantial amounts of money for which they control the distribution. Gty
officials have observed that when the professional mayor is present,lobbying for funds,they
tend to get noticed. When City of Tigard wants to express our opinion,we send a letter. We
were looking for a way to achieve a hybrid between a citizen mayor and a professional mayor.
We recognize that is fraught with problems either way. It is important that a mayor be a citizen,
"just as the rest of us." The spirit of volunteerism is a good thing in government. Once a
mayor becomes a full-time politician,then something is lost;we agree with that. Conversely,if
you are looking strictly at the $45,000 investment,if we were able to land a single grant of a
million dollars,that would pay for it manytimes over. Councilor Wilson said this is regarded as
a bit of an experiment.
Councilor Wilson described how the proposal was structured in a way specifically so that it
would not incent people to run for Mayor strictly for the money. The budget appropriation
gives the City Council the ability to select whether or not to"hire the Mayor";that is,go half-
time with his regular job and half-time with the City. This would be subject to negotiations.
This is something the Gty Council is considering. Input is appreciated;this proposal will be
open to citizen input for a few more weeks.
This is being proposed because the Gty Council thinks it could be in the best interests of the
Gty.
Ms.Monahan responded. She said she believes in a professionally managed city and would not
live in a Gty with a strong mayor form of government. The strong mayor form of government
examples in this area have been a disaster and she said she would not want to see the experience
repeated.
Councilor Buehner referred to the health plan and the Council members'participation. The
stipend for Gty Council created many years ago and the rate was adjusted sometime in the
1990's. The theory was to reimburse Gty Council members for expenses to attend meetings.
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Mayor Dirksen encouraged Ms.Monahan to attend the hearing on this item. He said the
proposal was purposefully crafted so that it is not tied to a particular position. The part-time
professional elected position could either be the Mayor or the Council President. Members of
Gty Council will be appointed as liaisons to different group. If the part-time position is put in
place,it would be part of an assignment that is given to a person to represent the Gty at the
state,regional or federal level. The belief is that by making this small investment,we could get a
great return on investment,with a net benefit as opposed to an expense to the Gty.
Councilor Wilson said he would be open to hearing more about why some think the strong
mayor form of government not desirable. The Council is looking to find solutions to long-term
problems. The title of Mayor carries weight when meeting with officials and organizations.
Ms.Monahan said she was sure that the Gty Council did not put the proposal together with any
intent other than to better the community. She said,however,she believes it has unintended
consequences the Gty Council should consider.
Gty Manager Prosser clarified an earlier statement by Councilor Buehner regarding Gty
Council participation in insurance benefits. The GtyCouncil has the opportur*to participate
in the Gty's group insurance and pays a portion of the costs,the same as Gty employees do.
The Gty pays the majority of the costs of the insurance.
8:58:15 PM
• John Frewing,7110 SW Lola Lane,Tigard,Oregon,said he supports the idea of the increased
stipend for an elected official;we need professional representation to help the Gty of Tigard. He
added that he thought the Council should take half of this money from Gty Manager Prosser's
salary. The Gty Manager's duties include external representation for the City of'Tigard,and if
implemented,the proposal would take away some of the Gty Manager's duties.
Mr.Frewing asked questions about the Building Division budget area. Building permits are down
significantly and he said he did not see a corresponding drop in the planned expenses for the city
staff that supports this program Another item Over the last year,there has been a realignment of
water service areas. He said that the Tigard Water District has left the Tigard administrative
umbrella. He asked if there should be a corresponding change in the water expenses.
9:01:55 Pl1
Mayor Dirksen responded to Mr.Frewing's question regarding the water fund. This is an enterprise
fund and it is self-supporting;those who pay water bills to the Gty of Tigard pay for the water
services provided. Those who do not buy water from the Gty of Tigard(i.e.,Tigard residents who
purchase water from the Tualatin Valley Water District) do not pay for service provided in the Gty
of Tigard water enterprise. Gty Manager Prosser clarified that water service areas have not been
adjusted. Tigard still provides water to the Tigard Water District in addition to two-thirds of the
Gty of Tigard,King Gty,and Durham The Gty is no longer providing staff support to the Tigard
Water District board for their meetings,which occur once a month. We were providing this service
at a cost of about$10,000 per year. That money from the Water District was deposited in the
Water Fund. Tigard's r water staff is not paid with general revenues or property taxes;they are paid
for out of water rates.
Mr.Frewing asked how it is determined how much time is spent for each person on Tigard water
matters. GtyManager Prosser said at this time he spends no time on water matters that can be
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charged to the Water District. When we were providing staff support for the Water District,staff
was keeping records and charging the Water District one time a year.
Mr.Frewing asked how much time City Manager Prosser spent on water activities for the enterprise
activities for water. CityManager Prosser said in the Tigard system,we have a cost allocation plan.
For general support activities (City Manager,Finance and Information Technology,Human
Resources,Risk Management,Office Services,etc),we look at indicators of benefit. Allocations of
charges are made to the enterprise funds based on a variety of formulas. These are indirect charges
that occur at the fund level. This is tracked and audited.
City Manager Prosser addressed Mr.Frewing's question about the building permits and building
staff. There are no reductions proposed in the Building Division staffing. In the past,we attempt
to keep a constant level of staffing so during boom times we make up the difference by using
contract inspectors. We are using less contract inspection time now and this is reflected in the
budget. Over the years,we have built up a reserve in the building fund to maintain staffing during
periods of lower activity. If this turns out to be an absolute downtown,we would do an adjustment
to the building budget. The City is monitoring. The proposed budget does not include a reduction
a in staffing;however,if this continues into the next year,we will be considering cutbacks.
9:09:29 Pier
C. City Manager Prosser recommended adoption of Resolution No.08-31,adopting the budget.
9:09:38 PM
d. Mayor Dirksen closed the public hearing
9:09:51 PM
e. Council Discussion:
Councilor Buehner referred to the proposed review of the additional Mayor or Council President
stipend matter referred to during the public testimony. She noted this was in the budget by
recommendation of a citizen task force;the recommendation was supported by the Budget Committee.
She explained she believes this deserves to have a full discussion and for the City Council to give the
proposal consideration.
9:11:47 PM
f. Council Consideration:
Motion by Councilor Wilson,seconded by Councilor Buehner,to adopt Resolution No.08-31.
RESOLUTION NO. 08-31 — A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE
BUDGET,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY,
CREATING TWO NEW FUNDS AND CLASSIFYING THE LEVY AS PROVIDED BY ORS
310.060(2) FOR FISCAL YEAR 2008-09
The motion was approved by a unanimous vote of Council present
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
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9:12:33.PM recessed meeting.
9:22:38 PM reconvened meeting
Recess City Council Meeting(Motion by Council)
Convene City Center Development Agency (CCDA)Meeting
.• Call City Center Development Agency to Order: Chair Dirksen
e Roll Call:
Name Present Absent
Chair Dirksen ✓
Board Member Sherwood ✓
Board Member Buehner ✓
Board Member Councilor Wilson ✓
Board Member Woodruff ✓
9:23:06 PM
9. APPROVE A RESOLUTION ADOPTING THE FISCAL YEAR 2008-09 BUDGET, MAKING
APPROPRIATIONS,AND IMPOSING AND CATEGORIZING TAXES-RESOLUTION
NO.08-02
City Manager Prosser presented the staff report. A copy of presentation slides are on file in the City Recorder's
office. A redevelopment agency is funded primarily by the increment of taxes earned on development that has
occurred in the redevelopment area. The Tigard Urban Renewal Agency was created in 2005. Typically, in the
early years,urban renewal districts do not experience a high level of development. This is why the City and the
Agency are interested in establishing catalyst projects to improve the conditions and attract developer interest.
The revenues that we received from the tax increment last fiscal year were about $40,000 and it is expected the
amount will be similar this fiscal year. The City budget is set up to loan the City Center Development Agency
about$379,000,for projects;the total FY 2008-09 City Center Development Agency Budget will be $459,269.
City Manager Prosser explained an Intergovernmental Agreement provides that the City Center Development
Agency will repay any loan as funds become available. The loan amount is shown in the Capital Improvement
fund for the urban renewal agency and there is $80,000 being shown as debt services to allow the loan to be
repaid. The decision on the timing on the repayment is up to the Agency Directors and the City Council. We
assume the loan will be carred for several years until we start getting development activity in the downtown.
Chair Dirksen called for public testimony: None
Motion by Board Member Buehner, seconded by Board Member Wilson, for adoption of City Center
Development Agency Resolution No.08-02.
QTY CENTER DEVELOPMENT AGENCY RESOLUTION NO. 08-02 - A RESOLUTION
ADOPTING THE FISCAL YEAR 2008-09 BUDGET;MAKING APPROPRIATIONS,AND
IMPOSING AND CATEGORIZING TAXES
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The motion was approved by a unanimous vote of City Center Development Agency Board members present.
Chair Dirksen Yes
Board Member Buehner Yes
Board Member Wilson Yes
9:28:25 PM
Motion by Board Member Buehner, seconded by Board Member Wilson, to adjourn the City Center Development
Agency meeting.
The motion was approved by a unanimous vote of City Center Development Agency Board members present.
Chair Dirksen Yes
Board Member Buehner Yes
Board Member Wilson Yes
Reconvene City Council Meeting: 9:28.42 PM
10. CONTINUATION FROM MAY 13, 2008 OF QUASI-JUDICIAL PUBLIC HEARING - APPEAL OF
DIRECTOR'S INTERPRETATION OF THE TREE PLAN REQUIREMENT - DEVELOPMENT
CODE CHAPTER 18.790.030 (NHS2008-00005)
a. Mayor Dirksen announced that the public hearing and public testimony was closed on May 13, 2008.
Tonight the City Council is reviewing the staff recommendation based on the public testimony heard on
May 13.
b. Community Development Director Coffee presented the staff report. Since the public hearing, staff has
reviewed the testimony with the City Attorney. A revised Director's Interpretation was presented to the
Council in the packet and marked Exhibit A. Staff recommends the City Council adopt the proposed
resolution referring to the revised interpretation.
City Attorney Ramis advised he received a copy of a communication from Phil Grillo to staff, which
requests the opportunity to be heard this evening. City Attorney Ramis says while the record has been
closed, there is a new staff interpretation and, therefore he recommended that the City Council allow
people who have participated previously to comment on the changes. City Council members agreed
allow testimony as recommended by City Attorney Ramis.
c. Phil Grillo addressed the City Council. He noted his review of the new interpretation and recent
decisions to see how the City previously looked at the provision that is being interpreted. Copies of the
decisions Mr. Grillo referenced are on file in the City Recorder's office. Most of the decisions were
rendered by the City's hearings officer. The City has repeatedly held that, when reviewing the tree
protection plan under Chapter 18.790,the question of whether the applicant can save additional trees on
that site is irrelevant. This means the Hearings Officer has found that the provision under discussion
and being interpreted is not a relevant approval criteria. This is the starting point for the City Council to
understand Mr. Grillo's concern with this case. What is happening is that the City is interpreting a
provision that is not an approval criteria and making it into one. This is the essential problem and the
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disagreement. Mr. Grillo referred to a 2004 LUBA decision (Miller and City of Tigard) and read the
following passage:
The ultimate standard TRO(trw mwud ordinance) imposes is not a standani that wins p utectn of trams;
rather, it's a standard that fason pwtaa on of trams birt allows trams to he mnmxi so long as any lass of num than 25
percent oflard trams is n it*ted
Mr. Grillo said the above interpretation says that fust you must try to prevent tree loss and then, if you
cannot, you go to the mitigation requirements. This is clearly contrary to what LUBA has found and
what the Hearings Officer has repeatedly found. He noted the City of Tigard's website contains a list of
recent subdivision cases and none of those employ this phrase in the way that staff is trying to impose it
now. Mr. Grillo says he is concerned that the City is changing the way that this provision has been used
in the Code. Not all of the provisions in the Code are approval criteria and the one that is being
interpreted "here tonight is not an approval criteria."
John Frewing said he agrees with Mr. Grillo on some points; however, he said he thought the City
Council should proceed and approve the interpretation. He referred to another section of the Code
where it says it is the responsibility of the applicant to provide enough information so the staff can make
a decision. In one sense, this interpretation is not needed because the City could simply use the words
that are already in the Code giving the staff the discretion to determine whether trees are being
preserved to the maximum extent possible. Mr. Frewing said he thinks this helps the builders know
what the City is looking for and said the City Council should approve the interpretation.
Jim McCauley, representing Portland Metro Homebuilders Association, concurred with Mr. Grillo's
comments. He cited the concerns regarding the steps to be followed and determination of adequacy,
which has essentially set up approval criteria. If this needs to be in the Code, then as a local jurisdiction
this needs to be written into the approval criteria,which will need a different process.
d. Mayor Dirksen asked for the staff recommendation based on what has been heard tonight. Community
Development Director Coffee advised that staff recommends the resolution with Exhibit A be adopted.
9:35:37 PM
e. Council discussion followed. Councilor Wilson noted he had served on the Planning Commission
before he was elected to the City Council. Also, Councilor Wilson advised he is a landscape architect
and he deals with application of codes from various cities and jurisdictions. When Code is written, it is
done so with a particular application in mind. There are always cases when an exception comes along
that requires some interpretation. He said the purpose of a Director's Interpretation is to apply the
Code to a particular situation where it is ambiguous or unclear. In addition, when Code is written, it
ought to be taken at face value; i.e., it says what it means and it means what it says. He said he believes
the Development Director is a reasonable person. Mayor Dirksen said he would hope that anyone
interested in saving trees would follow the criteria listed in the Director's Interpretation; however, he
said he thought the Interpretation goes beyond the simple expression of a preference. Councilor Wilson
pointed out the Tigard Tree Code will be completely revised shortly following the Comprehensive Plan
update. This would be the proper place to address this matter. Councilor Wilson said he would be in
favor of upholding the appeal and deal with the issues presented in this matter when the Tree Code is
revised.
Councilor Buehner noted she is a real estate attorney and represents developers. There is a great
difference in quality among developers. As far as the substance is concerned, she said she thought the
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Interpretation's language would help some of the developers to understand the application process. She
said she would be supportive of this language being included in the Code. However, we are not talking
about the substance at this point; we are talking about the process. Councilor Buehner said she agreed
with Councilor Wilson that this needs to be handled when the Code language is reviewed. Councilor
Buehner said she would support the appeal from the Homebuilders of the Director's decision. She
recommended to the City Council that staff be directed to put this item at the top of the list for items to
be addressed in the Code. This seems to be the area that has generated the most interest and discussion
during the Comprehensive Plan process.
Mayor Dirksen said when he first read the Director's Interpretation of the Tree Plan requirement; he
was hopeful and he appreciated the Director's efforts trying to clarify a vague Code. Mayor Dirksen
said he thought Community Development Director Coffee's interpretation accurately reflects the policy
of the City, the philosophy of this City Council, and the majority of the citizens of Tigard. It might also
accurately interpret the spirit of the Code as it was written. But, the clarity of interpretation of a Code
that is vague could be construed as a "judge making law from the bench." Mayor Dirksen said he agrees
with the reflection of the interpretation but he also has a concern with using this process and the
vulnerability to challenge if this process is used. Mayor Dirksen said he would support the appeal. He
concurred with Councilor Buehner's request that this section of the Code be addressed forthwith after
the Comprehensive Plan review is completed. He said he would support the appeal.
9:46:33 PM
Motion by Councilor Wilson, seconded by Councilor Buehner, to uphold the appeal of MIS 2008-
00005,the Director's Interpretation of the Tree Plan Requirement.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Wilson Yes
9:47:56 PM
11. COUNCIL LIAISON REPORTS
Councilor Buehner reported she attended a committee meeting of the Urban and Rural Reserves Task Force.
An in depth report was presented regarding population prognostications for the next 25-50 years. This report
contains more information than the one previously received. She asked the City-Manager see that the City
Council receives a copy of this report.
She referred to a memorandum to the Metro Council that raised a number of issues about how some process
will happen. There has been some change to the timelines and public outreach process. She said she received a
Est of the public meetings that are going to be held. She read this information and also requested the
information be placed on the City's website. The purpose of these meetings is to present the information in the
report regarding the population numbers and the map to start the discussion about which areas will be held as
urban reserves,rural reserves,or designated as "other." She said this is important for the public to get involved,
review the initial working draft,and submit comments to the County. Workgroups for each County will review
the information received from the open houses and written testimony regarding whether any changes should be
made in the first working draft of the areas under consideration.
12. NON-AGENDA ITEMS: None
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13. EXECUTIVE SESSION: Not held
9:51:41 PM
14. ADJOURNMENT
Motion by Councilor Wilson,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
`IL[. CO
CBrine Wheatley, City Recorder
Attest:
Mayo City of Tigar �}
Date: t I a. a
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