City Council Minutes - 11/25/2008 Agenda Item No. 3 , /,
Meeting of n
City of Tigard
Tigard Business Meeting Minutes
TIGARD CITY COUNCIL &LOCAL CONTRACT REVIEW BOARD(LCRB)
MEETING DATE/TIME: November 25, 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
Mayor Dirksen called the Study Session to order at 6:30 PM.
Council Present: Mayor Dirksen, Councilor Woodruff and Councilor Buehner. Absent: Councilors Wilson
and Sherwood
Staff Present: City Manager Prosser, Assistant City Manager Newton, Community Development Director
Coffee, Public Works Director Koellermeier, Engineer Duenas, .Associate Planner Farrelly, Deputy City
Recorder Krager and City Attorney Ramis
Mayor Dirksen suggested and Council agreed to hold an Executive Session as the first item on the agenda. City
Manager Prosser read the ORS citation. The City Council went into Executive Session under ORS 192.660(2)
(e) real property transaction negotiations.
The Executive Session ended at 6:45 pm and Mayor Dirksen called the Study Session to order.
Briefing on Upcoming Transit Center Redevelopment Study Intergovernmental Agreement with
TriMet and Metro
Associate Planner Farrelly briefed Council on an Intergovernmental Agreement with Metro and TriMet He said
this agreement commits the City,Metro and TriMet to explore the feasibility of redeveloping the Tigard Transit
Center into a mixed-use transit-oriented development. He said the study consists of three main parts:
Development Opporwnity Study to determine market feasibility of such a transit-
oriented development and green building opportunities
Concept Site Plan including building footprint and parking location
Specific Plan to relocate the transit center functions
TIGARD CITY COUNCIL/LCRB MINUTES - November 25, 2008
City of Tigard 1 13125 SW Hall.Blvd.,Tigard,OR 97223 1 503-639-4171 1 gav Page www.tigard-or e
1 of S
Councilor Buehner said these were great ideas for picking up land for redevelopment. Mayor Dirksen
commented that this would give Tigard an opportunity to get things going in that area.
Associate Planner Farrelly said the $35,000 consultant fee would be split between the City and Metro. If the
study results indicate this site has good potential for redevelopment, then Tigard, Tri-Met and Metro will
continue to cooperate on a second phase,which includes an RFP for a developer. lie said consideration of this
agreement is scheduled for the consent agenda of December 9,2008.
• Briefing on Resolutions to Surplus and Sell a Portion of the Canterbury Property and a Remnant Parcel
of the Water Building Property
City Attorney Ramis briefed Council on resolutions to declare as surplus a portion of the Canterbury
property and a remnant parcel of Water Building property. He said these two properties have multiple
ownerships. (The cities of Tigard and Durham will consider declaring the properties as surplus tonight.
King City will do so later. This has already come before the Tigard Water District; however, the result of
their vote is unknown)
City Attorney Ramis said the City is interested in purchasing the two properties. He said Council's first step
is to consider resolutions declaring the properties as surplus and the second step is holding a public hearing
and authorizing the sale and the purchase.
Public Works Director Koellermeier said if Council decides to purchase the properties, the Canterbury
property would be paid for over a five-year period He said the City plans to convert property not usedfor
water facilities to a park
He said funding for the remnant parcel of the Water Building property would come from the Traffic Impact
Fee Fund and is part of the Burnham Street Improvements right of-way acquisition.
City Manager Prosser noted that the meeting of December 16 would be a combination Workshop and
Business meeting. Also,the CAuncil meetings of December 23 and the December 30 are cancelled.
Mayor Dirksen recessed the Study Session at 7:00 p.m.
BUSINESS MEETING
1.1 At 7:30:07 IM Mayor Dirksen called the meeting of the Tigard City Council and Local Contract Review Board
to order.
1.2 Deputy City Recorder called the roll.
Name Present Absent
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Mayor Dirksen ✓
TIGARD CITY COUNCIL/LCRB MINUTES - November 25, 2005
r'':�:Mnw.:oxrsK^_^s.. l<v,k r:.wuxa+M xmrJ,c.+a>srma.aE:a�rW.trm�'��s«,.rr _ishan anws'wu�ati..�:r�ar.ce;a:r::xx-^::cmeaYen.wx...r.`'(..tea:*+ .uw.czwaou.'<.ru*=h�'=^+^'etei,��,.rews��ca;axe..:r.:�:rkvxvrr'rmvarmx :.Wa�er..Wseen K - +tea_
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 1 www.tigard-or.gov I Page 2 df 8
1.3 Pledge of Allegiance
1.4 Council Communications &Liaison Reports - none
1.5 Call to Council and Staff for Non-Agenda Items
Caty Manager Prosser introduced new IT and Finance Director Toby LaFrance. Mr. LaFrance said he looked
forward to serving the Council and citizens of Tigard
2. 7:32:03 PM CITIZEN CON M WCA.TION
Chamber of Commerce Executive Director Chris Zoucha thanked the City for their financial support of the
upcoming tree lighting ceremony on December 6 and noted event highlights include:
o Radio Disney
o Free coffee,cocoa and cookies donated by local businesses
o Pictures with Santa and Mrs. Claus
He reminded everyone to support local businesses and charities and to buy locally for holiday purchases.
Mayor Dirksen said two citizens had signed up to speak under Citizen Communication.7:36:09 PM
• Claudia Coke,Director of Senior GAP (Guardian Assistance Program) at the Tigard Senior Center
8815 SW O'lvlara St.,Tigard,OR,announced a new service offered at the Senior Center. It is a money
management and representative payee service for seniors and persons with disabilities who are confused over
their finances and unable to pay-their bills, She said this service is free. Theyreceive referrals from disability,
veteran,and senior protective agencies as well as banks and others in the community who recognize vulnerable
senior citizens who might be taken advantage of.
• John Kearney,2508 NE 24�"-,Portland,OR,spoke regarding his property in the Specht Tigard
Triangle Local Improvement District. He noted there is no firm assessment amount and he has sought input
from staff but is now requesting a meeting. Mayor Dirksen acknowledged that Council received a copy of his
letter but said he cannot comment as the matter is an ongoing negotiation. In response to Mr.Kearney asking
when they could meet,he said he did not know at this time.
3. CONSENT AGENDA
3.1 Approve City Council Minutes of October 14,2008
3.2 Local Contract Review Board (LC RB)
3.2.a — Award Contract for Maintenance of the City's Heating, Ventilating and Air Conditioning
(HVAC Systems
TIGARD CITY COUNCIL/LCRB MINUTES - November 25, 2008
City of Tigard 1
w�.h�E,: ��...,ros �� ��� ��m � -wh ���;:,,.vti :...,.n. .. �„� ���:���,� ��:� �..;• ����-�.
13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 www.tigard-or.gov Page 3 of 8
3.3 Consider a Resolution Declaring a Portion of the Canterbury Property as Surplus Property and
Stipulating Other Conditions Regarding the Disposition of the Property- Resolution No.08-68
3.4 Consider a Resolution Declaring the Water Building Remnant Parcel as Surplus Property and
Stipulating Other Conditions Regarding the Disposition of the Parcel- Resolution No. 08-69
3.5 Endorse Housing Alliance 2009 Legislative Agenda
3,6 Approve Intergovernmental Agreement with TriMet for Westside Commuter Raid Project Path
Maintenance
3.7 Approve Betterments Intergovernmental Agreement with Tra\4et for Improvements Installed as Part of
the Commuter Rail Station
Councilor Woodruff,made a motion to approve the consent agenda; Councilor Buchner seconded the motion
and the motion passed by a unanimous vote of Council present.
Name Yes No
Councilor Buchner x
Councilor Sherwood (Absent)
Councilor Wilson (Absent)
Councilor Woodruff x
Mayor Dirksen x
4. QUASI-JUDICIAL PUBLIC HEARING_ TRI-C OUN Y SHOPPING CENTER SIGNIFICANT
WEnAND AND STREAM CORRIDOR MAP AND SIGNIFICANT HABITAT AREAS MAP
AMENDMENT(CPA 2008-00010/SLR 2008-00005)
7:42:16 PM City Attorney Ramis read a summary of the hearing process and procedures. He said a copy of
the Rules of Procedure for the hearing was available at the front of Town Hall.
7:45:57 PM Mayor Dirksen opened the Public Hearing.
Mayor Dirksen asked if there were any challenges from the audience pertaining to the Council's jurisdiction
to hear this matter or if there was a challenge on the participation of any Council member and none was
indicated. Mayor Dirksen asked if there were any declarations or challenges. There were none. He asked
Council if any members wished to report ex parte contact or information gained outside the hearing,
including site visits. There were none. Council indicated that they were familiar with the application.
Mayor Dirksen asked for the staff report.
7:46:31 P1VI Associate Planner Pagenstecher said this site is the subject of a Planned Development Review
with Pac Trust for a proposed Target store. He said it became apparent during the pre-application process
that the Cites maps were not accurate and that a map revision had not been applied. He said this is a
simple housekeeping issue. The Pac Trust application includes background materials showing they are
TIGARU CITY COUNCIL/LCRB MINUTES - November 25, 2008
e �;F'mkaxe.;i!a.lN..-_G�xw?!T'. .....,.�._.. --h'».,2fM`•51=mF''�S'Saxu'tn..�5.w:t5fc'.5;+x5x.Ydi1-.h.U'i�±3a.Fx SSC$^( tYd'ti�•Yx-'x':-..`;�w,„'w`r" FaFa±!'=.+Guw`.'aw'w,m,�.i4e^.::-Ctdf.:x'b4`/N..�'f. +IFF^-`+.uA.:.t.,,...fisi5 " ��c�IC.°Wfhi4'k1Ykxl "�#
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 8
already undergoing the mitigation called for previously. The Planning Commission has recommended this
Comprehensive Plan Amendment. He said no substantive public comments were received on the matter.
7:48:11 PM In response to a question from Councilor Buehner about whether this was the area where new
trees were being planted,Planner Pagenstecher said it was and the owners are planting a 25-foot buffer from
the resource. He said 50 feet is required and they will complete the outer 25 feet when the site work is
completed.
7:48:90 PM Councilor Woodruff verified that this work should have been done ren years ago. Planner
Pagenstecher said the previous owner completed one year of monitoring on a five-year mitigation plan but
then let it go. When Pac Trust bought the property they assumed the requirements and the monitoring
period was extended to a ten-year time frame.
Mayor Dirksen said no one had signed up to speak and he asked if anyone present wished to testify. The
applicant was not present.Mayor Dirksen asked for the staff recommendation.
Planner Pagenstecher said the staff recommendation was to adopt the Ordinance to approve this
Comprehensive Plan Amendment.
Mayor Dirksen closed the public hearing at 7:49:52 pm.
Councilor Buehner moved for adoption of Ordinance No. 08-19 and Councilor Woodruff seconded the
motion.
Deputy Recorder Krager read the number and title of the Ordinance No.08-19 and took a roll call vote.
ORDINANCE NO. 08-19 — AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT
(CPA2008-00010) TO CORRECT THE QTY'S SIGNIFICANT WETLANDS AND STREAM CORRIDORS
MAP, CONSISTENT WITH THE FINDINGS IN 1998 TRI-COUNTY SHOPPING CENTER APPROVAL
(CPA98-0002) AND APPROVING SENSITIVE LANDS REVIEW (SLR2008-00005) TO CORRECT THE
SIGNIFICANT HABITAT AREAS MAP ON AN APPROXIMATELY 1.41 ACRE PORTION OF THE SUBJECT
17.17-ACRE PROPERTY LOCATED SOUTH OF SW DARTMOUTH STREET, WEST OF SW 72"z AVENUE,
AND EAST OF HWY. 217 IN THE TIGARD TRIANGLE (WCTM 2S101BA, TAX LOT 00101 AND WCTM
1S136CD,TAX LOT 04200)
Name Yes No
Councilor Buehner x
Councilor Sherwood (Absent)
Councilor Wilson (Absent)
Councilor Woodruff x
Mayor Dirksen x
Ordinance No.08-19 was adopted by a unanimous vote of Councilors present.
TIGARD CITY COUNCIL/LCRB MINUTES - November 25, 2008
.s..^.-yaNW+x '.%3-'Nbu.:ts±.'.sx7!:.rz.,•-tt:+xC'sa.:'.Hca:[Y.tMTVS':iM'9,�C.:'t•'w_Y'h _.'MYf:.^.'::en :.N.^lw.'ti'^'s M:w..tcY+:,-.lC!!t.wMti:t�'s,u.c:x';."ea.ct°:m.'�'m,.^..q Wc"*.au't�#n..r':!ax^?.'�+«^-..T.h."2"'� Si..o::!k'F!!iF'irv' ..: .ti!'T"!h'-M++.:Nva.S-..xx4-'i".•A.:.."*CNt,T�`;KY1K'.V'FirtYlP.Lv,;!
City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov ( Page 5 of 8
5. PUBLIC HEARING- AMENDMENT TO ORDINANCE NO.06-21 (LOCAL FUEL TAX
ORDINANCE) EXTENDING THE PERIOD OF COLLEC1.10N
Mayor Dirksen opened the public hearing. 7:51.:5I PM. He asked if there were any declarations or challenges to
any Council member hearing this matter. Councilor Buehner noted that she was the Chairperson of the Task
Force that worked on this project. Councilor Woodruff and Mayor Dirksen said they purchase gas in Tigard.
7:52:30 I'M Engineer Duenas briefed Council on the proposed amendments to Ordinance No.06-21,saying
there would be a shortfall of gas tax revenue for this project. He said Council indicated their preference was for
extending the collection period rather than increasing the tax.He stated that as soon as this project is funded
the gas tax would expire. He outlined two proposed changes to the Ordinance:
0 Expiration date changes from December 31,2011 to read that it would expire after sufficient funds
were collected to fully pay for all the improvements and the financing needed for the project.
• Clarification that the intersection project includes Main Street(along with 99W and Greenburg
Road) as the original concept design showed.
Councilor Woodruff asked for a comparison between the earlier and current estimates. Engineer Duenas said
the estimate was $3.5-4 million and now the total project cost is estimated at$5.1 million. He said the shortfall
is expected to be slightly more than$3.1 million,which will have to be covered through a bond issue. Using an
interest rate of 5.5% and a 2%, cost of issue,the amount loaned is expected to be approximately$3.2 million.
He said they estimate it will take eight years but if the project is funded sooner,the gas tax will expire sooner.
Councilor Buehner asked if supply costs increased the costs significantly. Engineer Duenas agreed that plays a
part,but it is mostly due to acquisition of right of way for the widening that is required. And pavement borings
show more reconstruction is .needed than originally thought. He said it is possible that the bids might be lower
than expected due to working on this in conjunction with the Hall and 99W intersection project and realizing
economies of scale. However,he noted that the price of asphalt has doubled in the past few years. Mayor
Dirksen said if federal and state funded transportation packages happen,there maybe even more demand for
asphalt and that would also drive up the price.
Mayor Dirksen asked for public testimony and said one person had signed up to speak.
7:58:55 PM Paul Romain.,707 SW Washington,Suite 9277,Portland,OR,representing the Oregon Petroleum
Association spoke. He said it should not be a surprise that they are opposed to a collection period extension.
He said if he was reading the summary correctly,the City is adding eight additional years over the five.
Engineer Duenas clarified that this was starting from the beginning,not an additional amount.
Mr. Romain asked about the revenue to be raised. City Manager Prosser clarified that when financing revenue
bonds the City is required to have a debt service reserve so there is the project cost,which is now estimated at
$5.1 million,and financing costs on top of that. 8:01:11 PM Mr.Romain said the Oregon Petroleum
Association feels a local gas tax is a horrible way to finance anything because it is an unfair method of taxation.
He said it is easyto buy gas elsewhere. He said the Association will be meeting tomorrow and deciding whether
or not to refer this. F1e said he was less nervous tonight after receiving clarification that it is a total of eight
years rather than an additional eight years. Mayor Dirksen said the eight years is an estimate and is based on
when the revenue is collected,not a specific timeframe. CatyManager Prosser said it will also depend on the
buyers and terms of the bond.
TIGARD CITY COUNCIL/LCRB MINUTES - November 25, 2008
City of Tigard 1 13125 SW Hail Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 o f 8
Mr. Romain said the Petroleum Association doesn't want to put the City in a negative situation but is concerned
about this continuing by morphing this project into others ad infinitum. He said they also would like to see any
increase be referred to voters which is something they ask of every jurisdiction. He reiterated that the
Petroleum Association does not like local gas taxes and would prefer that Tigard work with them to get
resources statewide.
8:05:04 PM Councilor Buehner noted that Tigard's gas tax ordinance recognizes the possibility that State
legislature may increase the state tax and any increase in State gas tax would reduce the amount of Tigard's tax.
She said her personal observation is that the cheapest gas in the Metro area is always here in Tigard,even with
the City's gas tax.
8:06:07 PM Mr. Romain said the retail pricing of gas has very little to do with the gas taxes and everything to do
with competition.
8:06:50 PM Councilor Woodruff said he appreciated Mr.Romain's perspective. He said he would also like to
see a state gas tax increase but it would have to be more than three cents for Tigard to benefit. He said Council
feels very stronglythat the community is expecting the Cityto make improvements at 99W intersections. The
ordinance has been written to limit it to this one problem intersection.
808:35 PM Mr.Romain said the Oregon Petroleum Association is proposing a statewide tax dedicated 100%
to local government. He said a statewide tax would require trucks to pay. Local gas taxes put the entire burden
on cars to pay for infrastructure improvements and repairs that are made necessary by trucks,too.
Mayor Dirksen said,"If we had other alternatives,we would certainly use then-L We decided upon this one
based on the recommendation from a citizen task force and only after we'd looked at other alternatives." He
said.there is a need,at the state and the federal level to come up with a better process for the funding of
maintenance and improvements to our transportation infrastructure.. He said Council hopes that by being
willing to step up in this way and at the same gime,asking ODOT to partner on other Highway 99W projects,
attention will be focused on this issue and others at a higher level will work out a solution.
Councilor Woodruff said the first thing the City did when they heard about the shortfall was to ask ODOT to
help with the difference needed for this project. ODOT responded clearly that their funds were totally
committed for the next several years and no additional funds were available.
8:11:44 PM Mr.Romain said the fuel dealers appreciate the dilemma the City is in and that is why they do not
oppose the statewide gas tax. He said, "We believe we need to be part of the mix;we have no problem with
that. It's just how we're part of the mix that concerns us."
Mayor Dirksen asked if there was anyone else present who wished to comment. There being none,he asked
for the staff recommendation the Ordinance.
8:12:57 PM Engineer Duenas said the staff recommendation is that Council approve the amendment to
Ordinance 06-21.
Mayor Dirksen asked if there were any further Council comments or questions on this agenda item. There were
none so he closed the public hearing.
8:1316 PM Councilor Buehner moved to adopt Ordinance No. 08-20 and Councilor Woodruff seconded the
motion.
TIGARU CITY COUNCIL/LCRB MINUTES - November 25, 2008
'b.'..�h':�!iR.H-xA•+Sedt'NtnM'IHY`.Yti..!'6ft3'fYJbwlFH`.YNh'YS.LM::S°'ti.Mf.�'.W'..'.9_P`4cC'.�2t:"'.'�rS Nrvf'�'ryxew--spa' e�vri2^:9.a".T.�='{t^L.m,+MT.S�G'�...-'.:k'a:YilafiC.Y.SAN`.;'S3vit'nG'FhCW«'Y.R:C'_fwRdfY'1°k::,kCk+::."4'.:'I+MhY%_'Vt"'_'"tk?3...+"':i-x:--+:.,+R.":uY' '�_ntY,'C,..,,,
Qty of Tigard 1 13125 SW Hail Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of 8
Deputy Recorder Krager read the name and title of Ordinance 08-20 and took a roll call vote.
ORDINANCE NO.08-20 - AN ORDINANCE AMENDING CHAPTER 3.65 OF THE TIGARD MUNICIPAL
CODE,WHICH ESTABLISHED A TAX ON MOTOR VEHICLE FUEL DEALERS AND PROVIDED FOR
ENFORCEMENT,ADMINISTRATION AND COLLECTION OF THE TAX
Name Yes No
Councilor Buchner x
Councilor Sherwood (absent)
Councilor Wilson (absent)
Councilor Woodruff x
Mayor Dirksen x
8:13:57 PM Ordinance No.08-20 was adopted by a unanimous vote of Councilors present.
6. CITIZEN COMMUMCATION- City Manager Prosser had some citizen communication follow-up. He
said John Frewing attended the last Council business meeting and expressed concerns about the street
maintenance fee and wanted to make sure there would be opportunities to comment. City Manager Prosser
said the City set two open houses for citizens to give input on the street maintenance fee. One was held on
November 19, 2008 and Mr. Frewing was one of two citizens there. He said there is another opportunity
for citizens to give input at the second open house scheduled for December 11, 2008 at 6:30 pm in Tigard
Town Hall. Councilor Buchner requested that this meeting information be run in the cable access-
announcements.
7. ADJOLJRNMENT At 8:15 pm Councilor Woodruff made a motion for adjournment and Councilor
Buchner seconded the motion. All voted in favor.
/s/ Carol A.Krag_er
Carol A. Krager,Deputy City Recorder
Attest:
/s/ Crai E.Dirksen
Mayor, City of Tigard
Date: ''z D
t:\.DM\Cathy\ccM\2008\081125.doc
TIGARD CITY COUNCIL/LCRB MINUTES - November 25, 2008
h3inCry^._.`�a.d. sS:ffF'3'a':[x:xad .±. _ ^"3eC.YMtiS'IbA+M^f.bd+N?_SRYN..�F'ivwa,.F�iwtManYF#'�.�t?f9P:s�.n _ '�N.rt:YUwhWrTY't'rYM530.+xidiuAtlao�' �§..-.,w. -- Ssu.�nwT3ti4Fe:bZixufas.v'vpaLY'JYA*2f..':"i':i.v.PPT'JP'w-, .k
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of 8 f