City Council Minutes - 12/09/2008 Agenda Item No.
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City of Tigard
Tigard Business Meeting Nfinutes
TIGARD CITY COUNCIL &LOCAL CONTRACT REVIEW BOARD(LCRB)
MEETING DATE/TIME: December 9, 2008; 6:30 p.m. Study Session; 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard--- Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
STUDY SESSION- 6:30 pm
• EXECUTIVE SESSION- Mayor Dirksen read the citation and Council entered into Executive Session
under ORS 192.660(2 (e) real property transactions negotiations, (h)- Legal counsel- for consultation with
counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed,and
192..660 (2) (i) - To review and evaluate,pursuant to standards,criteria,and policy directives adopted by the
governing body,the employment-related performance of the chief executive officer, a public officer.,
employee or staff member unless the affected person requests an open hearing. The standards,criteria and
policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in
meetings open to the public in which there has been an opportunityfor public conn ment. Executive Session
ended at 7: 17 pni
STUDY SESSION - Council discussed the scheduling of a Goal Setting meeting in early January, tentatively
choosing Tuesday,January 6, 2009 at Umpqua Bank Assistant Gty Manager Newton asked Council to verify this
date on their calendars and she will send out an e-mail confirming the details.
1. BUSINESS MEETING
1.1 At 7:32 PM Mayor Dirksen called to order the Tigard City Council and Local Contract Review Board
1.2 Deputy Cary Recorder Krager called the Roll:
Name Present Absent
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor President Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
TIGARD CITY COUNCIL/LCRB AGENDA- December 9, 2008
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 I www.tigard-or.gov I Page 1 of 9
1.3 The Pledge of Allegiance was lead by Webelo Pack 232. 7:32:31 PM
1.4 Council Communications &Liaison Reports
Webelo Pack 232 had some questions for the Council.
Daniel Field asked, "What is it like to be Mayor?" Mayor Dirksen said, "A lot of people ask that. It is
very challenging and can be very hard work, but things that are rewarding are seldom easy. That's what
makes them worthwhile."
Nick Smith asked, "How do you keep the City safe?" Mayor Dirksen said he and the Councilors work
very hard to keep Tigard citizens safe,which is perhaps their most important job. This includes having a
police department, keeping roads safely designed and maintained, ensuring clean, safe drinking water,
and protecting the environment in many ways.
Patrick Ducalo asked, "What was your hardest decision?" Mayor Dirksen replied, "The decision to
move forward with the Street Maintenance Fee." Councilor Buehner said, "Finding a permanent water
source, which has been going on for 15 years." Councilor Wilson said the hardest decisions are the
ones where you know the right thing to do but you know it has a negative impact on someone. For
example, a sanitary sewer reimbursement district formation will protect Tigard's environment but may
cost the district's property owners money. Council President Sherwood said the hardest decisions for
her are budget allocations.
Mayor Dirksen thanked the pack members for their participation and gave each member a City of
Tigard pin.
1.5 Mayor Dirksen asked Council and Staff for Non-Agenda Items. 7:41:37 PM He noted that Council
will consider a Non-Agenda Item at the end of the meeting.
2. 7:41:56 PM PROCLAMATION - Mayor Dirksen proclaimed December 10, 2008 as Human Rights Day,
saying the United Nations endorsed a universal declaration of human rights on December 10, 1948.
Jurisdictions across the world will be making the same declaration of December 10, 2008 as Human Rights
Day.
3. CITIZEN COMMUNICATION
• Tigard High School Student Update - Vice President Taylor Friesen updated the Council on Tigard
High School academies, sports, activities and the arts. A copy of his report is in the City Recorder's
Office. Councilor Buehner asked about the delivery location for donated canned goods that Tigard
High is collecting. Mr. Friesen said the drop-off spot is in the Tigard High School Commons.
Students have collected 13,000 cares so far.
• Citizen Communication-- No one signed up to speak.
•
Follow-up to Previous Citizen Communication- None
TIGARD CITY COUNCIL/LCRB AGENDA- December 9, 2008
City of Tigard. 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-ongov I Page 2 of 9
4. CONSENT AGENDA:
4.1 Receive and File:
a. Council Calendar
b. Tentative Agenda
c. Police Department Annual Report - Mayor Dirksen commented on the excellence of this report.
4.2 Local Contract Review Board:
a. Amend Engineering Services Contract with Murray, Smith &Associates, Inc. for the Design and
Construction Management of the 550-Foot Zone Reservoir No. 2
b. Award Contract to Century West Engineering Corporation for Engineering Services for Proposed
72'd Avenue Sewer Reimbursement District
4.3 Appoint Members to the Planning Commission- Resolution No.08-70
RES.NO.08-70- A RESOLUTION REAPPOINTING MATTHEW MULDOON AND KAREN
FISHEL AS VOTING MEMBERS TO THE PLANNING CONIMISSION,AND APPOINTING
TIMOTHY L. GASCHKE AS AN ALTERNATE TO THE PLANNING 00MMISSION
Councilor Buehner said there was a second alternate appointed that was not listed. Mayor Dirksen
asked staff to look into this.
4.4 Appoint Members to the City Center Advisory Committee (CCAQ - Resolution No.08-71
RES. NO. 08-71 -- A RESOLUTION REAPPOINTING ALICE ELLIS GAUT, `CAROLYN
BARKLEY, AND THOMAS MURPHY AS VOTING MEMBERS TO THE CITY CENTER
ADVISORY COMMISSION, AND REAPPOINTING ALEXANDER CRAGHEAD' AS AN
ALTERNATE
4.5 Appoint Members to the Transportation System Plan Citizen Advisory Committee - Resolution No.
08-72
RES. NO. 08-72- A RESOLUTION APPOINTING MEMBERS TO THE TIGARD
TRANSPORTATION SYSTEM PLAN UPDATE CITIZEN ADVISORY COMMITTEE
4.6 Approve Budget Amendment#09-07 to Recognize Receipt of Additional Revenue from TriMet for the
Creation of an Officer Position Assigned to the Transit Police Division- Resolution No.08-73
RES. NO. 08-73 -- A RESOLUTION TO APPROVE BUDGET AMENDMENT #09-07 TO
RECOGNIZE RECEIPT OF ADDITIONAL REVENUE FROM TRIMET FOR THE
CREATION OF AN OFFICER POSITION ASSIGNED TO THE TRANSIT POLICE
DIVISION
4.7 Approve Intergovernmental Agreement with Oregon Department of Transportation for the
Transportation and Growth Management (TGM) Grant to update the Tigard Transportation System
Plan
TIGARD CITY COUNCIL/LCRB AGENDA- December 9, 2008
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4.8 Approve Intergovernmental Agreement with Metro and TriMet to fund a Redevelopment Feasibility
Study of the Tigard Transit Center
RESOLUTION NO. 08-74 — A RESOLUTION AUTHORIZING THE CITY MANAGER TO
SIGN AN INTERGOVERNMENTAL AGREEMENT WITH METRO AND TRIMET TO
FUND A REDEVELOPMENT FEASIBILITY STUDY OF THE TIGARD TRANSIT CENTER
The following agenda item was removed from the Consent Agenda and will be discussed at a future date.
4.9 Consider- Feselutieti Naming the City Owned Resi4enee and Pr-eperty at 13335 SW HA Blvd. as the
Councilor Wilson moved to approve the Consent Agenda.The motion was seconded by Councilor Woodruff.
Name Yes No
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
The motion to approve the Consent Agenda passed unanimously.
Councilor Woodruff noted that Police Chief Dickenson was in the audience and complimented the police
Department on their annual report,mentioned as Consent Agenda Item 4.1.c. He encouraged residents to view
the report on the City's website: He.said it was great news that the most serious crimes, (Parc I) were lowest in
2007 than they had been in the last ten years. He acknowledged the Police Department for the good work that
they do.
5. RECEIVE UPDATE ON THE ACTIVITIES OF THE TIGARD YOUTH ADVISORY COUNCIL
(TYAQ
TYAC President Alexander Cacsh gave a PowerPoint presentation about the TYAC, a copy of which is in the
City Recorder's Office. He spoke about the past year's activities, including Bike Fest, adopting a family at
Thanksgiving, Christmas for Kids, movie nights at the Library, child car seat clinic and Tigard's Tree Lighting
ceremony. He said they met with Tualatin's Youth Advisory Council and hope for several joint projects in the
future. Mayor Dirksen said it is great that Tigard and Tualatin are working together.
Narinthong Lungrath gave an update on projects TYAC has planned for 2009. She said they plan to adopt a
family next year for Christmas. They will begin their blanket drive soon. Collection boxes will be placed around
the City and TYAC will collect the blankets and donate them to needy families. Movie nights will be continued
at the Tigard Library: They hope to hold another Bike Safety Day with an increased number of helmets
available for distribution. They will be cooking at the Good Neighbor Center in January.
7:56:53 PM Mayor Dirksen thanked the TYAC for everything they do. He said it was terrific their members
want to be engaged and involved in the City.
TIGARD CITY COUNCIL/LC" AGENDA- December 9, 2008
City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov i Page 4 of 9
6. DISCUSS AFFORDABLE HOUSING FEE ASSISTANCE REQUEST
Senior Planner Roberts said Council adopted the Affordable Housing Program in 2002, which is part of a
larger, local-level effort intended to encourage affordable housing in Tigard. $10,000 is set aside annually to
reduce fees and charges imposed on affordable housing acquisition, development and rehabilitation.
Community Partners for Affordable Housing (CPA" submitted a request for the entire $10,000. There have
been no requests from other agencies. This amount would offset an estimated $10,486 in land use planning
fees associated with the approval of a 48-unit senior housing project located within Tigard's urban renewal area.
This proposed project meets City guidelines and all of the units will be affordable to seniors earning less than
50% of area median income.
Daryn Murphy of the non-profit Housing Development Center brought a rendering of the proposed senior
housing project. The project site is at the intersection of Hall Boulevard and Hunziker Street and the property
has already been acquired. He said they are in the process of getting a zoning change to allow multi-family
dwellings,
Council President Sherwood commented that at the Community Development Block Grant CDBG meeting,
CPAH was awarded $750,000 to move forward with this project. She said this project could be a catalyst for
Tigard's urban renewal.
Councilor Woodruff noted that people may think that because non-profits are exempt from paying taxes they
do not have to pay building fees, but that is not true. He said getting more affordable housing in Tigard is one
of the City Council's goals and the least the City can do is help with required fees in order to assist with getting
this project built.
Council President Sherwood asked what the rents would be. Mr.Murphy said it was still a few years out but the
general range would be $350-$650 per month. He said there will be 48 one-bedroom units with one dedicated
for an on-site resident manager. The ground floor will have a community room where seniors can gather to
receive services or hold events. Parking will be at the back of the building. Constriction will begin in early
2010 or late 2009.
Councilor President Sherwood moved that$10,000 be awarded to CPAH for this project. Councilor Buchner
seconded the motion and all Council voted in favor.
7. CONSIDERATION OF ORDINANCE REPEALING TIGARD MUNICIPAL CODE CHAPTER 2.09
RELATING TO BUILDING APPEALS BOARD
Building Official Blalock introduced this item. The local Building Appeals Board is in place to hear and decide
appeals relating to application and interpretation of the building code. He said Tigard's Building Appeals Board
has not been used in five years. He noted that the State provides Specialty Code Chiefs to hear appeals of
orders,decisions or determinations made by city building officials. He said staff believes this appeals process
will meet the needs of the construction community.
Mayor Dirksen asked if the State of Oregon providing this service is a recent change or what the reason is not
to have a local Board. City Manager Newton said Tigard's Building Appeals Board was started by Mayor
Nicoli who thought it would be convenient to address issues locally. She said there was a need for it in past
years.
TIGARD CITY COUNCIL/LCRB AGENDA- December 9, 2008
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City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov J Page 5 of 9
Councilor Wilson said it is a credit to staff that they are able to work things out before they get to the level of an
appeal. Mr. Blalock said Tigard's Building Cade offers more flexibility than rigidity and he felt it is more
effective to work cooperatively with citizens.
Councilor Wilson moved to adopt Ordinance No. 08-21. His motion was seconded by Councilor Woodruff.
Mayor Dirksen asked Deputy Recorder Krager to take a roll call vote.
ORDINANCE NO. 08-21 - AN ORDINANCE REPEALING TIGARD MUNICIPAL CODE
CHAPTER 2.09 RELATING TO BUILDING APPEALS BOARD
Ordinance No.08-21 was adopted byunanimous vote.
Name Yes No
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
8. CONSIDERATION OF A RESOLUTION TO APPROVE THE FIRST AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT REGARDING THE WATER SUPPLY FACILITIES,
DESIGN,CONSTRUCTION AND OPERATION WITH THE CITY OF LAKE OSWEGO AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT
Public Works Director Koellernieier gave the staff report on this first amendment to the Intergovernmental
Agreement with Lake Oswego. When the Agreement was crafted an outstanding issue was the appraisal of the
existing properties and both parties agreed to prepare an amendment once that was completed. He said the two
things affecting this amendment are 1) completion of appraisals on the intake and treatment plant properties,
and 2) Lake Oswego owned a group of properties adjacent to, but not a part of, the treatment plant and it has
been determined that these properties are not necessary. Those properties have been backed out of the
acquisition which dropped the buy-in cost.
The total buy-in for Tigard is $2,820,557 and is due to City of Lake Oswego no later than June 30,2009.
Mayor Dirksen said he appreciated the background materials and spreadsheet which made it easy to recognize
the relative values and history.
Councilor Buehner moved to approve Resolution No. 08-75 and Council President Sherwood seconded the
motion.
RESOLUTION NO. 08-76 - A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN,
CONSTRUCTION, AND OPERATION WITH THE QTY OF LAKE OSWEGO AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT
TIGARD CITY COUNCIL/LCRB AGENDA- December 9, 2008
City of Tigard. 1:. 13125 SW Hall Blvd. Tigard,OR 9,N.._.,��.:.�-�.�
7223 1 503-639-4171 1 www.tigard-or.gov I Page 6of 9
Name Yes No
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson. ✓
Councilor Woodruff ✓
Resolution No.08-75 was approved unanimously.
9. 8:1.5:49 PM.THIRD QUARTER GOAL UPDATE
Assistant City Manager Newton gave highlights of the City's Third-Quarter Report. A copy of this update is in
the City Recorder's Office.
Gail No l -Pursue oppoamiw to mia truffu a)rWtirm in Tigard
Ms. Newton noted the school signs with flashing beacons have been installed and were a low cost project to
provide more safety and improve the traffic flow. She also mentioned that when the pavement overlay was
done on Walnut Street a right-turn lane was added for west-bound traffic turning right onto 135`h Avenue.
Councilor Buehner reported that neighbors have commented favorably about the turn lane on Walnut. Ms.
Newton said the City is expanding their efforts to look at Light Rail on 99W.
Gail Na 2- Gwplete the Update and Beg n the Irrrplert�n ofthe Cain A- Mie Plan
Assistant City Manager Newton said the Council has completed hearings on the Comprehensive Plan: and the
City is now on the next phase which is the Development Code and implementing ordinances.
Gari Na 3- the Dozen am Urban Rereced Plan
The City Council received a presentation from University of Oregon students on the urban design vision
project. The Burnham Street project has begun to break free more and the City is making progress on property
acquisitions.
Gail Na 4-Pmrrae and Honor Gocel C=ership in Ttg wd
The City Council just heard a report from the Tigard Youth Advisory Council (TYAQ. All Neighborhood
Network web pages have been spoken for and training has begun. The next part is to get steering committees
up and running. Neighborhood#3 has already planned activities in their area,from a neighborhood clean.-up
to self-defense classes for women. The Second Annual Neighborhood Open house will be February 7, 2009
in the library and will expose more citizens to the program.
Councilor Sherwood asked if neighborhood networks can give themselves names. Assistant City Manager
Newton noted that two neighborhoods had done so - West Tigard and Cook Park- and the other networks
are welcome to do so as well.
TIGARD CITY COUNCIL/LCR.R AGENDA- December 9, 2008
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Gad Na S—Explore the Passibility of ply a Parks& Cin Spaces Measure on tle lot in 2010
The Parks System Master Plan is underway.
Gaal Na S- Mahe a Derision on Tigaes L org Tenn Water Soap
Goal Completed!
Councilor Sherwood said as one of Council's Goals was to be connected within the region,she was pleased to
offer congratulations to Mayor Dirksen for being elected to JPACT (point Policy Advisory Committee on
Transportation). Mayor Dirksen is representing Tigard and other cities (other than Hillsboro) in Washington
County.
Councilor Wilson commented that when these goals were set a list of tasks was also developed. He asked that
a status report on these tasks be available prior to the next goal setting session.
Councilor Woodruff.mentioned the Dartmouth Street median near Costco for left-hand turns,which has been
a good improvement at low cost to the City. Mayor Dirksen said he almost immediately heard comments about
how beneficial that median was. Councilor Woodruff encouraged citizens to propose other suggestions to help
ease traffic congestion.
10. NON-AGENDA ITEMS
Assistant CityManager Newton gave a brief description of Resolution No.08-76 to be considered as a Non-
Agenda Item. She said this resolution declares the need to acquire property for construction of a portion of
Lower Fanno Creek Park.She said Council discussed this item earlier in an.Executive Session.
Councilor Buchner said it is important to note that this was requested by the property owner. There are tax
benefits to doing a"friendly" condemnation. She said this benefits both sides.
Mayor Dirksen said this Resolution of Necessity covers two pieces of property with the same owner. One piece
of property will go into the park and another piece of property on the other side on the street provides right of
way for Burnham Street improvements.
Councilor Wilson moved for adoption of Resolution 08-76 and Councilor Woodruff seconded the motion.
RES.NO.08-76 DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF
00NSTRUCI7ING A PORTION OF LOWER FANNO CREEK PARK IN THE QTY OF TIGARD
Name Yes No
Mayor Dirksen ✓
Councilor Buchner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Resolution 08-76 was approved unanimously.
TIGARD CITY COUNCIL/LCRB AGENDA- December 9, 2008
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11. COUNCIL LIAISON REPORTS
Councilor Buehner said she will report on the rural reserves process at the December 16,2008 Council meeting.
12. ADJOURNMENT At 8:27:03 PM. Councilor Wilson moved for adjournment. Council President
Sherwood seconded the motion and all voted in approval.
Carol A.Krager,Deputy City Recorder
Attest:
Mayor, City of Tigard
Date:
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City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-41.71 1 www.tigard-or.gov I Page 9 of 9
11. COUNCIL LIAISON REPORTS
Councilor Buehner said she will report on the rural reserves process at the December 16, 2008 Council meeting.
12. ADJOURNMENT At 8:27.03 PM. Councilor Wilson moved for adjournment. Council President
Sherwood seconded the motion and all voted in approval.
/s/ Carol A.Kra er
Carol A. Krager,Deputy City Recorder
Attest:
/s/ Craig E.Dirhsen
Mayor, City of Tigard
Date: Qz1/-/-L .2 2, ,tee— -
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