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City Council Minutes - 09/23/2008 Agenda Item No. A, Council Meeting of Ci f1 f T1 11 andine ee » Minutes TiGARD CITY COUNCIL, LOCAL CONTRACT REVIE BOARD (LCRB) MEETING DATE/TIME: September 23, 2008/6:301 p.m. Study Session and 7:301 p.m. Business Meeting MEETINGLocmon City of Tigard - 'Town.Mall, 13125 SW Hall Blvd., Tigard, OR 97223 Mayor Dirksen called the meeting to order at 6.30 p.m. Name Present Absent MLyor Dirksen C ouncAor Buebner Gouncilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodr aff Staff present. City Manager Prosser,Police Chief Dickinson,:Assistant City Manager Newton, City Engineer Duenas,Assistant to the City Manager Mills, City AttorneyRar is,Engineering Manager McMillan,Senior Planner Nachbar, City Recorder Wheatley. STUDY SESSION - Discussion with Policy Consultant Geoff Larkin regarding Transportation Issues/Light Rail Discussion key points' • City—Manager Prosser introduced Consultant Geoff Larkin retained to work with the City of Tigard on light rail issues. In the budget this year,money was included to hire a-consultant to help us work on light rail issues. Council's goal is to start working towards getting light rail down 99W. Mr. Larkin has been:around the region a long time.Mr. Larkin has_agreed to work with the City of Tigard to help us figure out what we need to do and how to position ourselves to work with TriMet, our regional partners,federal government and state government to advocate for light rail on Barbur Boulevard and 99W. City Manager Prosser reviewed Mr.Larkin' extensive background on light rail projects for the region. TIGARD CITY COUNCIL/LC MINUTES - September 23, 2008` City of Tigard 13125 SAY/Ha11 Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 1 of 20 • Mr. Larkin said he has a long background in high-capacity transit and light rail specifically. He has worked on all of the light-rail projects in the Portland region. • Mr. Larkin outlined the Federal Transit Administration process,which is lengthy, prescribed (detailed),and contains numerous checkpoints to make sure the process is followed. At the end, a locally preferred alternative is identified. • The alternatives analysis is expensive and will take at least two years. Support for the project must be lined up Metro, Washington County, regional jurisdictions, State of Oregon,and TriMet. • Problems mast be identified,costs deterri-dned, and "who will pay" lined up. • Competition is fiercer • First three things to accomplish: o Alternatives Analysis. coordinate with Metro,TriMet and Washington County— should be started as soon as possible. o Continue to build and broaden Kase of support. o Funding: Support Triet's legislative package and Washington County funding. • Councilor Woodruff said the Council would be pleased to move ahead on light rail but added that he wanted to be sure that this is not the only thing Mr.Larkin will be working on, We have other transportation needs and he understands the City will be working with Mr.Larkin to deal with transportation issues and light rail;not light rail. He asked Mr. Larkin if he had any other thoughts about consultation or lobbying he would do on behalf of other transportation needs that we have, Mr. Larkin clarified that he is not a lobbyist. On the high-capacity transit side,you can be ably represented by interests that the City shares with TriMet and Washington County. In terms of general transportation funding strategies,Mr. Larkin said he would be glad to advise on those. Mr. Larkin said his main focus will.be "to help you spring into the high-capacity transit process and the funding that needs to go with that. And, franl lythat's a big gulp,right off the bat. So,that's where myfocus would be." Councilor-Woodruff commented that this will need more discussion:. • In response to a question from Councilor Buehrier,Mr. Larkin advised it has been his experience that the Congressional delegates are supportive of requests,submitted by a region demonstrating they are cooperating and unified on the package of priorities. • The State legislature is familiar with requests for high-capacity transit projects. 4 Councilor Wilson noted Tigard's citizens are primarily concerned with traffic issues. The busiest portion of I-5 is within the city of Tigard;the busiest section of 217 is within the city limits of Tigard; Oregon Department of Transportation's (ODOT) most traveled non-limited access highway is I-1 ghway 99 through Tigard; Washington County's busiest road is Scholls Ferry in Tigard. Tigard is "suffocating" with traffic issues. Light rail would help,but 95 percent of all trips, regardless of how successful we would be,will still be by car. Councilor Wilson echoed Councilor TIGARD CITY COUNCIULCRB MINUTES - September 23, 2008' ry of Tigard r3125 SW i4ia Blvd.,Ti gar d,O 97223 503-639-4171 www.tigard or.gov E Page 2 of 20 Woodruff's concerns that we want light rail,we feel that it is "our turn." Council is very supportive in going and pushing for light rail, but if we had a public vote,he said he is not sure that we would get 50 percent support. Councilor Wilson said it is not lost on him that the two places that had votes like this (Clark County and Milwaukie) are getting light rail before us. Councilor Wilson said he thinks we have a strong case to be made, but if it were to consume all of our energies, he would very concerned if the efforts did not also include an auto improvement component. Both westside and eastside received improvements on 26 and 84. He clarified he was not suggesting that a freeway be place through Tigard, but"we have a mess that needs to be solved and it has to be the whole package. And,if you are not the guy to do that, I'm not sure if we need someone else to do this,too." I& City Manager Prosser agreed that efforts will not be only for light rail. The solution to 99Wtraffic congestion is a whole range of options, packages,and projects. Light rail is important (and a complicated part of the package) where the City does not I-lave very much experience;this is where Mr. Larkin can assist. His prilmiT focus is on the high-capacity transit. City Manager Prosser said, "At the same time we, at the staff level,and if Council goes ahead with designating the Mayor with more time, that becomes the entire package... we will definitely be working with Geoff, coordinating with Geoff,pulling ideas from Geoff. But,Geoff's focus and his primary value is on high capacity. He's got the experience,hes got the contacts,he's got the knowledge. Those are things that we lack." • Councilor Wilson said the Council will discuss later about whether to make our Mayor our lobbyist to some degree. But,he does not have the lobbyist experience; perhaps,this is the idea that between the Mayor and Mr. Larkin this will be accomplished. • Mayor Dirksen and Mr. Larkin have had a meeting to discuss their roles and how they could work together. Mayor Dirksen said, cc...there are doors that I can open that he can't even open...That's already borne some fruit. I met with Councilor Liberty last week to talk about light rail. I actually took the opportunity to show him the property as well... because we are going to need money from Metro on that as well. We talked about light rail and the potential for high-capacity rail coming down Barbur Boulevard. In my conversation with him,I was already able to use advice given to me by Mr.Larkin and how to focus the conversation... " • Mr. Larkin said he did not mean to give the impression that he was only a"train guy." The alternatives analysis process that is sponsored by the federal government will also look at all of the other alternatives,including highway fixes. He said, "As you point out exactly what happened on westside,it happened on Hillsboro, it happened on the Banfield as well. In the end,it turned out to be a package of improvements. The FTA is velyfocused on transit and very focused on not spending transit money on highways. There will always be that friction... This corridor begs for transportation solutions. One of the reasons I was interested in poking around is that this a great project. Whatever the end result is, it will be a very TIGARD CITY COUNCIULCRB MINUTES - September 23, 2008 C"acy of Tigard1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of 20 important improvement to your community and the communities further down the line as well." o City Manager Prosser asked Mr. Larkin about where TriMet is now in looking for projects. The next project has not yet been identified. He said, "There is a mass of world going on within the region.._The Columbia River Crossing is going to be a huge project;the Milwaukie project is big,street car is big in the Portland area. But, looking out ten years,what is the next one. It tabes'ten years to get these things going and into construction." From TriMet's perspective the Highway 99W light rail line is a serious possibility. He said, "The region needs to be brought together and brought behind whatever the next priority project is. My belief is that it is this one,we will wait and see what the outcome of that process is and TriMet,I think will be a willing partner in trying to figure out how to advance;.. " Councilor Woodruff, commented that we have already heard TriMet Manager Fred Hansen say that he "sees this as the next one out thee." Council President Sherwood said Metro Councilor Harrington observed that Tigard had the best turnout at an event where high-capacity was discussed. Councilor Buehner said this Council has done a very good jab of educating W. Hansen and Metro Councilors about the fact that Tigard has densehousing areas-it is important to keep reinforcing this information. There was discussion about areas of support needed from other communities;i.e., southwest Portland,Multnomah Village,King City,Tualatin,Sherwood,Beaverton. Mr. Larkin said, "You can't have enough friends..." If,Sherwood would:not be involved in the initial phase,it certainlywill be in the next phase. He said., "As many folks as can be supportive- they can be supportive of funding measures,they can be supportive of regional priority-setting. It just makes all the sense in the world to ask them and see if we can't sign them up; And, it's going to be true of many other jurisdictions as well." Councilor Buehner noted it might be good to also consider a multiple-storyparking structure due to the increasing population. • There was discussion about the 99 /I-5 Connector project and talk about a commuter rail line to Sherwood. Councilor Wilson said he wondered if this would be the next logical extension,rather than light rail.. Mayor Dirksen said he knew there had been discussions in Yarrmhill Countyto support a commuter rail line to run from Newberg to Wilsonville to tie into the south end of our cone user rail line.. Councilor Woodruff asked Mr.Larkin how many hours per week he would:be devoting;to this project. Mr. Larkin said he did not know yet. He said he is just now getting started; it's not going to be a huge number of hours, but it will be enough to put together a proposed strategy of the three paints that he mentioned: going after funding,continuing to build face,and how do we get an alternatives started. Assistant City Manager Newton said Mr. Larkin has already requested information from staff,which has been provided.. TIGARD CITY COUNCIL/L MINUTES - September 23, 2008 pity of Tigard 1 13125 SW I-L ll Blvd.,Tigard,O 97223 1 503-639-4171 �1 www.tigard-or.gov I-Page 4 of 2O • Councilor Buehner asked about how long it took to identify the Milwaukie route. Mr. Larkin said he believed it took six years. • Mayor Dirksen that from past experience that attention begets attention. just because we get commuter and light rail,it does not mean that other transportation improvements will be ignored. As one area receives attention,it begets the thinking about additional projects. Tigard should not focus our attention only on light rail. We have too many other issues that need attention. He said, "If Geoff and I can focus our attention on this light rail and work,together,this will allow our staff to work,in areas where they have better expertise... " ® EXECUTIVE SESSION-The Tigard City Council went into Executive Session at under ORS 192.660(2) (e) at 6:58 p.m. to discuss real property transaction negotiations and for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. Executive Session concluded at 7:22 p.m. Administrative Items: • City Attorney Ramis introduce Attorney Jeff Bennett who will attend Council meetings as counsel to Tigard when City Attorney Rams is absent. • League of Oregon Cities Conference- Presentation of Awards for Safety(Bronze) and Wellness (Silver) - Representatives to receive award on Friday,,October 3, 2008, at the League of Oregon Cities Annual Conference: Mayor Dirksen and Councilor Buehner advised they would attend. • Women of Achievement Awards Dinner- October 11,2008,Double Tree Hotel, 1000 NE Multnomah Street,Portland-The Oregon Corrunission for Women. Council President Sherwood to be honored that night,2008 Wonm qfA d5 Awnrls. Mayor Dirlisen,City Manager Prosser and Assistant CityManager Newton will attend. • Review of Council Agenda Scheduling- Recurring Items. Council agreed with the list presented and a copy of the recurring agenda items to be scheduled is on file in the City Recorder's office. • JPACT Retreat- October 17, 2008,8 a.m.to I p.m.,Oregon Zoo,Skyline Room. Mayor Dirksen and Councilor Buehner will attend. Study Session concluded: 7:30 pm. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board meeting to order at 7:38:40 PM TIG ARD CITY COUNCIL/LCRB MINUTES - September 23 2008 Cityof C 13125 SW Hall Blvd.,Tigard,OR97223 503-639-4171 1 v^vw.t1gard-or.gov I Page 5of2O 1.2 Roll CA; Name Present Absent Mayor Dirksen Councilor President Sherwood Councilor Buehner Councilor Wilson V/ Councilor Woodruff 1.3 Pledge of Allegiance 7:39:17 PM 1.4 Council Communications &Liaison Reports 7:39:20 PM 1.5 Call to Council and Staff for Non-Agenda Items 2. GUZEN COMMUNICATION(Two Minutes or Less,Please) 0 Citizen Communication—Sign Up Sheet ■ Ms. Linda Monahan signed in to speak on Agenda Item No. 7. Mayor Dirksen advised that,with City Council pen-nission,Ms.Monahan would be able to speak-at the time this item is considered bythe City CounciL 0 Follow-up to Previous Citizen Communication 7:40:35 PM Assistant City Manager Newton reported on a question asked by Virginia Caullay on September 9, 2008. Ms. Caullay asked about extending Potso Dog Park hours from dawn to dusk Ms. Newton advised the City leases the site and the lease specifies the hours of operation for the dog park In addition,land use approval is needed to extend the hours. Staff is looking into this request;however,it will take some time. Mayor Dirksen reviewed the Consent Agenda: 3. CCONSENT AGENDA: 3.1 Approve City Council Minutes forJuly 22 and August 5,2008 3.2 Appiove Garrett Street Sidewalks Community Development Block Grant (CDBG) Application— Community Development Department—Resolution No.08-55 A RESOLUTION OF TEE TIGARD CITY COUNC11, SUPPORTING AN APPLICATION FOR FEDERAL ASSISTANCE FOR CONSTRUCIION OF A SIDE' AIX AND RELATED IMPROVEMENTS ALONG ONE SIDE OF GARRETTSTREET TIG ARD CITY COUNCIL/LCRB MINUTES — September 23, 2008 City aI Tigard 5 SW HA Blvd.,Tigard,OR 97223 1 503-639-4171 1 wwwtigard-or.gov I Page 6of2O 3.3 Approve Travel Options Grant Application- CommurutyDevelopment Department- Resoluton No. 08-56 A RESOLUTION OF THE TIGARD CITY GOUNCIL SUPPORTING AN APPLICATION FOR METRO ASSISTANCE FOR CREATING AND PRINTING ATIGARD BICYCLE ROUTES MAP Motion by Council President Sherwood, seconded by Cjouncilor Woodruff, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Mayor DirIzen Yes Councilor Bueltner Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor NVoodnaff Yes 4. APPROVAL OF 10-YEAR FRANCHSE FOR QWEST COMMUNICATIONS CORPORATION FOR USE OF PUBLIC RIGHTS-OF-WAY a. Assistant to the GtyManager ME reviewed the request.The City Council is authorized to grant a non-exclusive franchise under Tigard Municipal Cade Chapter 15.06.060(2). This request is the first new franchise to be granted under this chapter since its inception in 2006. An agreement with Qwest has been successfullynegotiated for the fee to be computed:on either a per-linear foot based on their facilities in the City's rights-of-way or bya percentage of gross revenues,whichever is greater. The linear-foot fee is not specified in the aryof Tigard's ordinance. If the City Gouncil approves the franchise tonight,staff will return later for Council consideration to amend the current ordinance to address the need of the industryto build lines without providing service in the community. The League of Oregon Cities recently completed a utilityand franchise fee survey and the per-foot fee for this agreement is the median of the per-foot fees being charged in the area;that rate is $2.72 per linear foot. The fee willl be paid semi-annually. Qwest Communications still needs to obtain the permits, pay permit fees,and have their work.inspected as all other franchise holders are required to do. Assistant to the City Manager Mills introduced Attorney Nancy Werner of the Beery, Elsner,and Hammond law firm;Ms.Werner negotiated the franchise agreement. TIGARD CITY COUNCIL/LC MINUTES - September 23 2008 wry 0f Tig rd �..;13125�S�J HaII �1vt1.,Tigard,t���r _:,... � _. �. .�_M..... .W �._. ., w.., R97?23 � 503-639-41?1 � wcu�v,tigard €�r.gQv � Page7nf20 b. In response to a question from.CouncilorWoodruff,Ms.Wemer said the subject copanyis a different cornpanythan"Qwest Corporation" She advised that QVMst Corporation provides retail telephone service; Qwest Communications Corporation is a related,but different entity.We will not know how to calculate the fee until constnrction is completed and it can be determined how many:feet of facilities there are` in the right of way. Councilor Woodruff commented the importance of franchise fees to the City,this is the second largest source of revenue for the City. He noted lie appreciated that precedence is beim set to determine how this can be dealt with in the future. Councilor Wilson referred to the need to keep track and mitigate damage done to City streets by the franchise utilities. He was concerned whether the fee will be sufficient and whythere was no inflation escalation provision. Ms.Werner advised the figure to calculate the fee comes from a League of Oregon Mies survey,which provided info tion about what other cities are receiving for a per-linear-foot fee. This fee is the same as what:Beaverton and Iiillsboro are charging the same company. She agreed that it is difficult to know if any franchise fee will recover the cost of maintaining the right of way. The City has an ordinance that includes a street-cut moratorium for newly paved streets (five years),therefore,there are some protections contained in the Tigard Municipal Code to prevent some of the damage to new streets. There is no escalation charge and Nis.Werner noted this is a 10-year franchise,which is what the Code sets out. She noted efforts to keep the two measurements to be allowed in the Code comparable. Assistant to the City Manager Mills added that the Engineering Inspectors are monitoring the utility conu-actors in the right of way. The City is able to maintain that oversight by the authority under the franchise agreements and the Code to stop work if the work is not up to standard. The City has been successful in working with the franchise holders to maintain the quality of our streets. Councilor Buehner-commented that her residential street was one of the first"test streets" when Verizon started their project. She noted there was a lot of damage,wlilch resulted in sidewalk replacement. She thanked.Nis.Werner for her work Mayor Dirksen commented on the fact that while Qwest will not be providing service in the community,there is still a way to maintain control over their work done in the street and make sure we have control over our rights of way. He referred to the option of"whichever is greater" depending on whether the franchise holder chooses to do service or only use"feeders" in the street,this is a great way to cover both situations. 7:54:28 C. Council consideration. TIGARD CITY COUNCIL/LC MINUTES - September 23, 2008 Qtyof Tigard 1 13125 SW I-1all Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov I Page 8 of X Motion by Councilor Woodruff,seconded by Councilor Wilson, to approve Ordinance No. 08-14. ORDINANCE NO.08-14- AN ORDINANCE GRANTING A FRANCHISE TO QWEST COMMUNICATIONS CORPORATION AND DECLARINGAN EMERGENCY 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 5. CONSIDER A RESOLUTION AUTHORIZING ABORROWING TO PROVIDE INTERIM FINANCING FOR CAPITAL PROJE CTS FOR THE CITY'S 'WATER SUPPLY SYSTEM 7:55;48 PM a. Assistant to the CityManager Mills presented the staff report. Through the budget process earlier this year,the City was planning to borrow$18 million this fiscal year for the water CIP projects,including the Lake Oswego Intergovernmental Agreement recently negotiated. Before the City can borrow or sell bonds;,the City must set up the financing with a line of credit to pay the Intergovernmental Agreement. Inaddition, the Catywants to have the funding in place for the project over the next dime years. While the Budget shows $18 million to be borrowed this year,this request is to Have the right to approach the banks and ask for a$22 million line of credit for the next three years. We would borrow on that line of credit as needed for expenses of the water`CJI'' projects. There is benefit to the City for setting up a line of credit that is large enough to see us through the three years. If the City Council adopts the resolution,it will authorize City Staff to solicit from the banks for the line of credit. Assistant to the CityManager advised staff recommends the City Council adopt the resolution. The long-tetras financing for all of the water capital projects will-be through water rates and revenue bands. We anticipate selling revenue bonds in about two or three years. The preliminary estimate for the Labe Oswego/Tigard Water Intergovernmental Agreement was $81 million over the next eight years. TIGARD CITY COUNCIL/LC MINUTES — September 23, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 I www.tigard-or.gov I Pct e 9 0 20 b. Council Discussion In response to Councilor Buehner,Assistant to the City Manager Mills explained that the water CIP fund anticipated that$18 million would be borrowed. In response to Councilor Woodruff regarding a legal issue pertaining to water rights, City ager Prosser said he did not believe that this would have any effect can us moving ahead with this. The legal.'question pertains to perfecting coater rights,the Lake Oswego water rights are pledged to this partnership.We are participating with Lake Oswego in defending those rights. The initial payment called fear mi the Lake Oswego Intergovernmental Agreement was about$2 million; recent appraisalsshow that this now closer to 3 million. This amount is for ownership and investing in the facilities (land and pipelines that now exist). Assistant to the CityManager NEI added that in addition to the $3 million to be paid as outlined in the Intergovermnental Agreement,there is a total of about$8.3 million water capital improvement projects that would be paid through this line of credit. Mayor Dirksen asked for clarification that this is not$18 million plus$22 million. Assistant to the City Manager Mills advised that this is $22 million over the next three years instead of$18 million for just this fiscal year. C. Council Consideration: Resolution No.08-57 Motion by Councilor Buehner, seconded by Council President Sherwood, to adopt Resolution No.08-57. RESOLUTION NO. 08-57 — A RESOLUTION AUITIORIZING A BORROWING TO PROVIDE INTERIM FINANCING FOR THF' CITY'S WATER CAPITAL IMPROVEMENTS PROJECTS AND WATER SUPPLY AGREEMENTWITHLAKE OSWEO The motion was approved by a unanimous vote of Council present. Mayor D rksen Yes Councilor Bueli ner Yes Councilor Sherwood Yes C€auncilor Wlon Yes C:oundor Woodruff Yes TIGARD CITY COUNCIL/LMINUTES - September 23, 2008 Citycf Tigard 13125 SW Hall Blvd.,Tigard,OR97223 503-639-4171 www.tigard-or.gov I Page XO of 2O 8:02:02 PM 6. FORMALIZE TIE CI'T'Y OF TIG 'S LEGISLATIVE PRIORITIES FOR THE 2009 LEGISLATIVE SESSION a. Assistant City Manager Newton presented the Staff Report. The proposed resolution was designed to reflect the priorities that Council identified at its September 9, 2008, meeting. Four general target areas are identified in the resolution: 1. Affordable Housing/Document Recording Fee 2. Transportation Funding 3. Land Use/Urbanization 4. Preemption of Local Revenue Sources b. Council Discussion Consensus of the Council was that the proposed resolution reflects the target areas discussed.by Council as well as the level of support/involvement. In response to a question from Councilor Woodruff,Assistant CityManager Newton advised that she has talked to staff at League of Oregon Cities;they are waiting for the City of Tigard's resolution to include in the list of priorities cities have identified for this legislative session. Mayor Dirksen complimented the staff on the wording in the resolution clarifying the target areas discussed by the City Council. In response to Mayor Dirksen's question regarding the wording"does no harm" contained within.the I-and Use/Urbanization target area,Ms.Newton advised this is the phrase used to indicate the preference that we do not want to lose ground in this area. Councilor Woodruff asked if the'word"system" contained in the"Transportation Funding" target area meant everything to do w tlr transportation. Ms.Newton affirmed that this is what the word meant. Mayor Dirksen said that Senator Burdick,just today,commented about how much she appreciated Tigard's specific language on legislative issues,which she refen-ed to at the last session: In addition,Tigard's list of priorities was included in packets of information given to legislators. C. Motion by Council President Sherwood, seconded by Councilor Woodruff, to approve Resolution No.08-58. TIGARD CITY COUNCIL/L MINUTES September 23, 2008 City, Tigard 13125 S Hall Blvd.,Tigard,�1 X77223 I 5U3-b39-4171 su rv.tigard or. civ Arz g 11 Qf 2Q RESOLUTION NO. 08-58 - A RESOLUTIONFORNIALIZING THE CITY OF TIG 'SLEGISLATIVE PRIORITIES FORTHE 2049 LEGISLATIVE SESSION The motion was approved by a unanimous vete of Council present. Mayor Dirksen Yes Coundor Buelzner Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 8:08.1.6 PM Mayor Dirksen advised he would recuse himself from discussion for Agenda Item No.7 and left the. Council dais and took a seat in the audience. He advised he would be present to answer questions or give testimony as requested by the City&uncil. Council President Sherwood presided during the discussion for Agenda Item No.7. 7. CONSIDER A LETTER OF AGREEMENT TO DEFINE ADDITIONAL DUTIES, RESPONSIBILITIES AND AN INCREASED STIPEND FOR THE MAYOR Assistant City Manager Newton advised that what the City Council has before it is a copy of the draft Letter of Agreement,which was distributed to the City Council on September 9. This draft reflects the work of the subcommittee (Councilor Woodruff, Council President Sherwood.,Jason.Snider.and Sue Yesilada). The draft includes strikeouts and additions made bythe subcommittee. Assistant City Manager Newton requested that Council review noting this represented an agreement that would be between the Mayor and the City Council. Council President Sherwood acknowledged Linda Monahan to present information to the City Council. Linda Monahan, 10248 SW Kent Court, Tigard, Oregon spoke to the City Council. A written copy of her testimony is on file in the City Recorder's office. Her comments included six key paints: 1. The letter of agreement identified the expectation that the Mayor is to serve as a lobbyist. A lobbyist is subject to obligations and restrictions. 2. Expectations in the form of job duties are listed but there is no mention of outcomes or deliverables. 3. The Mayor would receive $42,000 a year for an average of 20 hours per week of work. To her this seemed like a salaried employee, not a stipend. If the Mayor were serving as a lobbyist,this seemed to her to be an ethics violation. TIGARD CITY COUNCIL/L ES - September 2 , 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,©R.97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 of 2O 4. Is the $42,000 in addition to the current stipend and healthcare benefit rather than in lieu of? She asked about the work of a transportation consultant who drill be engaged to perform these endeavors as well: 5. The performance of the Mayor is to be reviewed in March and.September in 2009. This sounds to her like a "done deal" for the next fiscal year. She said she originally understood that the performance was going to be reviewed periodically, however,if the review is done after July 1,2009,then the Council would already be setting tip for next fiscal year. 6. This is an issue of governance. It appears to her that the agreement is cross-pollinating with what the City Manager and staff traditionally does with what the Mayor is now being authorized and compensated to do. What started out as finding a way to attract Council members has morphed into what could be viewed as altering the City Council/Manager form of government. Tigard citizens did not vote can this: Tigard Citizens did not know the Mayer was going to become the Citys lobbyist. If they did, they might have made a different choice or would have had some "kind of say" in the matter. Ms.Monahan said the letter of agreement and this preposition needs some work. 8.14:09 PM Councilor Wilson said Ms.Monahan has some good points. Ms.Monahan submitted a copy of her written testimony for the record. Council President Sherwood referred to Ms.Monahan's testimony and agreed that several of the points contained in the letter of agreement needed changing. The Committee wants the Mayor to be the City�s primary representative on transportation issues within the region at JPACT and other important committees where an elected official is required to sit. The Mayor would serve as a representative not only for the County but for the City, too. " e are not looking for a lobbyist;we have a lobbyist. What we want the Mayor to do is to be a representative as an elected official at these meetings... " She asked Ms.Manahan if she was opposed to the City trying to get more money for 99W and male some transportation fixes within the City Ms.Monahan said, "No,I'm just opposed to the way you are going about it." Council President Sherwood noted there has been a lot of discussion about this proposal, which came from citizens and discussed by the Budget Conunittee. Ms.Manahan. reminded Council President Sherwood that she has spoken to the City Council about this issue twice in the past. TIGARD CITE.'COUNCIL/LCMINUTES — September 23, 2008 City of Tigard 1 13125 S W Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 svc wxigard ongov I Page 13 of 2Q n In response to a request by Assistant City Manager Newton for clarification, Council President Sherwood advised that the letter of agreement should reflect that the Mayor would serve as the City Council's primary representative on transportation issues regionally. Ms. Monahan asked how the City Council was planning to proceed. Will this be brought back as a revised document? Council President Sherwood said it would likely need to be revised after tonight's discussion. Council President Sherwood asked for comments from the City Council members. Councilor Buehner said the public shouldknowthat most of the major committees making decisions about funding for the region meet during the day for several hours at a time;this mares it impossible for someone who has a Job to attend. A staff:member attending the meeting is not allowed to participate. Often,the preference is that the Mayor attend or, possibly,the Council President. Councilor Buel ner said she is not sure if Ms.Monahan was aware of this. "We're in a box now,where if-we want to get funding,we have to send the Mayor. We do not have a choice...Places that have gotten the money are the cities that have retired Mayors. Therefore,the other option is to say, if you want to run for Mayor of this City you have to be retired or independently wealthy: And,I don't think that's fair to the rest of the citizens of this community either. So, I just wanted to make sure that you were clear on.that." Ms.Monahan responded that she was aware of the above information presented by Councilor Buehner. She referred to prior members of Council;i.e.,Ken Scheckla and John Cook, who spread out assignments throughout the Council, Council President Sherwood agreed with Councilor Buehner that the "rules have changed.." in the last couple of years. Councilor Buehner said what you could do ten years ago isn't viable at this time. Councilor Buehner noted she had to receive special permission to attend one of the Committees for which the Mayor's attendance is preferred. This is a dilemma that all cities are now facing. TO adjust, either we have to have a Mayer or Council President who has the time to attend these meetings or we snake it clear that retired or independently wealthy people should be mayor. Councilor Wilson suggested the Council review the paints raised byMs.Monahan as there are some valid paints. He also would like to hear comments by the City Attorney regarding the lobbyist issue. After brief discussion,it was agreed that rather than identifying the Mayor as a lobbyist,he would serve as the"transportation representative." Councilor Wilson referred to the second point made by Ms.Monahan regarding identifying tangible outcomes. At the least,Councilor Wilson said he hoped the amount received due to the Mayor's work would at least equal the $42,000 stipend. Councilor Wilson said the City might receive funding in the millions of dollars with the additional attention from the Mayor, TIGARD CITY COUNCIL/LC MINUTES - September 23, 2008 C ity of Tigard 1 N0125 SW Hall Blvd.,Tigard,OR97223 1 503-639-4171 1 .. .www.tigard-or.gov I Paget 4 of 20 however, if this proposal does not appear to be working,the Council has the ability to terminate the agreement. Councilor Wilson referred to the third point regarding the Mayor being a salaried employee and a potential ethics violation. He said he did not see this being any different than the stipend currently received. Council President Sherwood agreed. City Attorney Ramis commented that the premise of the argument is that a separate new employee position is being created,which is different from his understanding of the Council's objective. The Council is exercising its authority under the Charter to establish a stipend as the first Point. And secondly,the Council is exercising its authority under the Charter to organize the work of the City Council. This is the power you are exercising; not the authority through the Budget process to create new positions. Cotiricilor Wilson asked for the definition of a Stipend; could it be argued that we are doing more than that? CityAttomeyRarnis said the term used is probably not limiting. It is there to provide you with the prerogative to set sorne sort of financial remuneration for your efforts. The real remedy under the Charter is at the ballot box to the extent that the voters are uncomfortable with the Councils determination. Councilor Wilson said it should be clarified whether the $42,000 is in addition to the stipend now received. He said he believed that this was intended to be the total amount,not in addition to the current stipend. Council President Sherwood agreed this should be clarified. Councilor Wilson noted that the other benefits will continue to apply. Councilor Wilson referred to another point brought forward byMs.Monahan regarding a transportation consultant. Yes,the City Council discussed this in the study session before the Council business meeting. He said he still has concerns about the definition of this consultant's work;however,this is not related to this proposal. He explained the agreement with Consultant Geoff Larkin. Mr. Larkin is not a lobbyist, but a consultant who has expertise in the area of developing high-capacity transit corridor projects. He worked on both easts ide and westside fight rail projects;in fact,he's worked on every light rail project we have had in the region. He is familiar with the federal process to secure funding for light rail. Mr. Larkin will be assisting the City of Tigard and giving advice on how to approach and seek light rail for the 99W corridor. Councilor Woodruff added that the Mayor would work closely-with Mr. Larkin on the fight rail and other transportation issues. Councilor Wilson referred to Ms.Monahan's point regarding evaluating the performance of the Mayor. This has been identified for this to happen every six months. The March evaluation would coincide well-with the budget process. Gatuicilor Wilson referred to Nis. Monahan's point regarding alteration of the form of government. He said he believed the Council would argue that this action would merely increase the stipend. TIG ARD CITY COUNCIL/LCRB MINUTES — September 23, 20708 Gtyof Tigard 13125 SNVH-tU Blvd.,Tigard,OR97223 503-639-4171 www.tigard-or.gov I Page l5of2O Councilor Woodruff said it is interesting because the Council has not heard from many people on this proposal,pro or con. Some people have been tallied to individually and,in some cases,people thought the Mayor already is worldrig full time.. It is important for people to know that the Council is not moving the Mayor into the City Manager role. We will still retain the "CEO" of the City. City Manager Prosser will remain in charge of staff. This would not change the way staff are supervised or the farm of governance. Councilor Buehner said when she reviewed the draft she decided it needs a lot more info tion outlinirig what is expected in terms of what the Mayor will be doing, e.g., attending JPACT and the necessary supporting meetings including meeting with other members of JPACT. This is the type of information that should be included in the job description. Council President Sherwood suggested that a"responsibility description be outlined in the agreement. For example,warding could reflect that the Mayer would represent the City at JPACT,MPAC,WCCC and meet with other officials of those bodies S.?9:32 PM Councilor Woodruff said that there is no question that this is an experiment. We have never done this and he said he did not know of any other-cities in Oregon doing this. It might not work In six months,the Council or the Mayor might decide this is not meeting the City's needs or the needs of the Mayor and his employer. He said he was appreciative that the Mayor has been flexible with this as is his employer; there are no guarantees that this would be an ongoing situation. Councilor Woodruff said the Council thinks it's worth an investment for six months to a year to determine whether this would male a difference. If it cannot be justified,then we will discontinue it or the Council might discontinue this agreement if there is a Mayor or Council President who aren't amenable to this or if other City Council members do not think the Mayor or Council President should do this job.. Whether or not this is continued must be determined every year. Councilor Woodruff said he would be willing to do this as an experiment. We are going to see what kind of return on investment this might produce. He added that this is a fairly modest investment for a City our size. 8:31:01 PM Council President Sherwood said this is borne out of frustration with the City trying to find more transportation dollars to fix 99W. After meeting with various regional representatives, we found out that unless we have someone at the table, we aren't going to be getting any place. We need to have visibility. Almost all of these meetings are held during the middle of the day when those who have jobs cannot attend. Council President Sherwood said she was willing to try this for six months to a year. TIGARD CITY COUNCIL/LC MINUTES - September 23, 2008 pity of Tigard 1 13125 SW HEA Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 16 of 20 8:31:40 PM Council President Sherwood suggested a change to the agreement., She said when the meeting schedule was researched,the current schedule was the basis to selecting the days and times. This Tright change. She suggested identifying specific days should be deleted with it specified that the remuneration would be for 20 hours per week. Councilor Woodruff said;this is 20 business hours and does not tape the place of the time that is already expected of any of the Council members as elected officials. The additional compensation is intended to free up 20 hours per week during business hours when certain meetings occur. Councilor Woodruff said it puzzled hien why many of these things are scheduled during business hours since most people do have jabs. It seems more consideration should be given to this;however,this is not the reality. He said he thinks the Mayor has ah-eady used up all of his vacation time this year and most of it has gone towards City-related work. Itis not fair for anyone to be expected to have all their vacation go towards City-work. Councilor Wilson said he wanted to add to a statement made by Council President Sherwood. He said this idea came from two areas of frustration. 1. Frustration with trying to find away to entice people to run for Mayor. This was the question posed to the Committee. 2. Frustration by the Council regarding the inability to get transportation funding. We felt that we were not getting our share. Information regarding Roonal Mcdowization ETl ty Splits, 2008-2001 STIP was referred to by Councilor Wilson and a copy of this information is on file in the City Recorder's office. 8:35:02 PM Councilor Wilson said the projected revenue for Washington County for Oregon Department of Transportation (C)D01) was $235,000,000. If that money were allocated according to population,Tigard's share would be about$21,000,000, because we are 9 percent of the County. It has been increasingly obvious that ODOT funds are spent in a manner that does not appear to have any rational basis for spending the money where people are paying for the roads they are driving;on. He gave the example of the Staley junction project at the intersection of FlighwayM and.Highway 47 near Buxton. This overpass project is already funded. That intersection has less than half of the traffic of Fall. Boulevard and Bonita. HaR Boulevard is also a State highway. The Staley Junction project is getting $1.8-24 million. He said he does not recall the last time ODOT spent that kind of money inside the City Emits of Tigard. 8:36:33 MVI Councilor Wilson referred to other projects. TIGARD CITY COUNCIL/LMINUTES - September 23, 2008 Cic3r of Tigard 13125 SWI-W]Blvd.,Tigard,CSR 97223 503.639-4171 1 www.rigard-or.gov f Page 17 of 20 • Highway 219 - Farmington Road for$4.5 million • Highway 219 - Burkhalter/Simpson Roads for $1.5 million • Highway 219 - Unger Road for$1.3 million • Highway 219 - Tongue Lane and Grabel Road - $1.4 million The above is all ODOT money. Councilor Wilson said he is not sure how ODOT projects are funded; but, it is obvious that there is no relationship with where the money comes from. Council President Sherwood said the Council hopes this experiment works. If it doesn't, at least we have made a presence in the region to let people know that we are concerned enough about these transportation dollars leaking out of this area and not coming back. We have already been told that the State legislature will not be addressing the gas tax this year. 8:38:17 PM Assistant City Manager Newton summarized her understanding of the changes the City Council-would like to the letter of agreement: • No. 3 - Instead of"expectations" refer to "responsibilities." • Under responsibilities change No. 2 to read: "Serve as the City Council's primary representative on transportation issues." • No. 5 - Hours and Schedule: Delete the days. • No, 6 - Gompensation: Be clear that it is $42,000 annually(not in addition to the current stipend); other benefits will continue. • City Manager Prosser advised that the existing stipend is paid through the City's payroll system. He recommended that the agreement be silent regarding as to the frequency of the payment. • No. 7- City Manager Prosser suggested that the wording be,Menus of the City Council. shall?vLim the peo7mnx in March and SepteidW cfemb jm • No. 8 - City Manager Prosser suggested that wording to the effect that this agroeom slxill ninfiDni inception tojitne 30 and al be raieuedatter he eligibleformttwl envy July PThis would set the time period and comports with GouncilorWoodruff's comment regarding containing the timeframe of the agreement to the fiscal year. Councilor Woodruff agreed that a review should be done in March, so if it should not move forward, it would not be a part of the Budget process for review. Council agreed to retain the two time references for review. September and March. 8:41:16 PM 0 Councilor Buehner said Councilor Woodruff made it very clear that the work the Mayor would be doing is in addition to his current duties with respect to meetings and meeting preparation for intra-city meetings. She said this should be included irl the agreement. Councilor Woodruff said this would be taken care of with language referencing"business hours." Councilor Buehner said that his point was well stated and should be physically TIG ARD CITY COUNCIL/LCRB MINUTES - September 2:3, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97 223 503-639-4171 C www.tig ar i I-ongov I Page 18 of 20 included in the agreement.Assistant CityManager Newton clarified Coicncilor Buelu er was referring to City Council and other liaison assignments that the Mayor would have. C:LMcil President Sherwood said she did not think this should be in the agreement since when one runs for Mayor it is understood this is part of the responsibilities. The agreement is dealing with assignments during business hours. Councilor Woodruff referred to the amount of hours to be worked,which is an average of 20 hours per weelc Assistant City Manager Newton asked the City Council members to send her specific wording in the "responsibilities section" to be added. Councilor Woodruff said the responsibilities listed in the agreement would not be all-inclusive. City Manager Prosser reviewed the tentative agenda for upcoming City Council meetings. City Council agreed they would allow this iter on the October 14,2008,Ciry Council meeting even though it is fully scheduled. Mayor Dirksen responded to the comments regarding"responsibilities." He said it might be a good idea:for this section to have a phrase that says something such as: A77 aber Wks M- it pa ibili s as floe Caoxil o)Ma)rrr 77uy nags app vpwte There might be other items corning up,which have not been thought of yet. Council President Sherwood.agreed. 8. C_,C)LT NCIL LIAISON REPORTS: None 9. NON-AGENDA ITEMS: None 1:0. EXECUTIVE SESSION Not held 8;47z PM 11. ADJOURNMENT Motion by Councilor Woodruff,seconded by Councilor Buehner,to adjourn the meeting. The motion was approved by a unanimous vote of City Council present. Mayor[3irksen Yes Councilor Bueliner Yes Councilor Wilson Yes Councilor Sherwood Yes C.,ouncilor Woodntff Yes TIGARD CITY COUNCIL/LC MINUTES - September 23, 2008 City of Tigard 1 13125 SW F Lill Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page.29 of 2O Catherine ' eatley, QtyReco-r er Attest: Mayer,&Y of Tiga IAADM Qthy\CCh1\200€3\78(7923 PINAL.dac TIGARD CITY COUNCIL/LCRB MINUTESCOUNCIL/L - September 23; 2008 C"aty0 Tigard 1 ~13125 SW Hall Blvd.,Tigard,OR 97223"1 503-639-4171 1 zvww.tigard-or.gov 1 Page 20 of 2O