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City Council Minutes - 10/21/2008 11t City of Tigard Tigard Workshop Meeting Minutes TIGARD CITY COUNCIL MEETING DATE/TIME: October 21, 2008 — 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR 97223 1. WORKSHOP MEETING 1.1 At 6:35 PM Mayor Dirksen called the meeting to order. 1.2 Deputy City Recorder Drager called the roll: Name Present Absent Councilor Woodruff ✓ Mayor Dirksen ✓ Councilor Buchner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ 1.3 Pledge of Allegiance 1.4 Council Communications &Liaison Reports—Mayor Dirksen reported on a Metro Council meeting he attended. 1.5 Call to Council and Staff for Non-Agenda Items — City Manager Prosser noted that Item 6 — Discussion of the Washington County Urbanization Forum - has been postponed to the November 18, 2008 Council Meeting to make room for an Executive Session added to the end of this meeting. 2. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD (DRAB) PRAB Members in attendance: Chair Brian Davies,Michael Freudenthal, Scott Bernhard,Kim Leinberger and Trisha Swanson PRAB Chair Davies reported on the past year's Park and Recreation Board activities, noting that it has been one year since the skate park opened, which has been very successful. He said the PRAB was active in park development and is looking for land for parks and open spaces. He said the City has purchased a few pieces of land and is in the process of developing them. He said the PRAB has also been working on the Parks System Master Plan with MIG, Inc. in a process that includes visioning sessions with stakeholders and community TIGARD CITY COUNCIL MINUTES — OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of8 members. He said a statistically valid survey was done this summer, based on a survey taken in 2004. He said PRAB is also working on finding ways to create a non-General Fund method of offsetting SDC's. PRAB Member Bernhard spoke about the 2008 Park and Recreation Needs Assessment Phone Survey results saying that 74% of those surveyed agreed with the statement, "I like the idea that the city is considering purchasing park land and protecting natural wetlands and greenways." He said 71% said they favored the City of Tigard creating a Recreation Division, a greater proportion than did in the previous study's response (57%). Councilor Sherwood asked when the survey was done. Acting Parks and Facilities Manager Martin said June, 2008. PRAB Member Bernard said Tigard stands alone as a city of its size that does not have a recreation division or department or its own recreation district. Councilor Woodruff questioned a survey response total that did not add up. Mayor Dirksen said he found several questions and answers that seemed to conflict with each other and he suggested it would be helpful if the survey consultants came in to clarify for Council any questions and responses. Chair Davies said the consultant told DRAB the study would be more valid if the same questions were used as in the prior study. City Manager Prosser asked for cost clarification because they were in 2004 dollars. Acting Parks and Facilities Manager Martin said costs were updated by the City's Finance Department. Councilor Wilson asked where the estimate for the community center came from, saying it seemed low. He said when people envision a community center they may think of the closest one— Conestoga, and think they can get that kind of facility for the price quoted. Councilor Buchner expressed concern about the survey's validity, not in June when it was taken, but in light of the changes to the economy in the past four months. She said there has been some resistance in the community regarding recreational center vs. more parks. She suggested that whatever happens with Tualatin's recreation ballot measure in November would be an indicator of where people are today. PRAB Member Bernard agreed but said at the same time, he wants Council to think of the future. Councilor Woodruff told the PRAB not to get discouraged and that it was their job to be looking at the future and seeing what the community's values are. PRAB Member Freudenthal said the survey is a tool for the Parks System Master Plan. PRAB Member Bernhard said they are setting forth indicators that have been present in the past, are still present and are growing. Councilor Woodruff said he was encouraged by the progress over the four years and mentioned that he particularly liked the survey questions that tie dollars to what people say they want. Councilor Wilson said Tigard should move for a bond measure in 2010 for open space which is becoming scarce and the City would be remiss not to give the voters a choice to support this. Mayor Dirksen said he is supportive of a recreation center. He suggested that citizens be asked what recreation programs they use now and what other programs they would like the City to provide. Start with the needs, not the facility. PRAB Chair Davies said the survey consultants did ask this question of stakeholders (open forum meeting) and the community(in questionnaires distributed at the Balloon Festival,for example.) Councilor Wilson said he was surprised at some of the survey demographics which showed three-quarters of the households contacted did not have children under 18 in the home. He asked, "Are Tigard's demographics changing that fast or do we not have a statistically valid sample here?" Councilor Sherwood noted the timing of survey phone calls makes a difference in who can participate. TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of8 DRAB Member Freudenthal said the Board identified supporting the Open Space bond measure as a priority. He said they want to secure a non General Fund source of funding that will allow the City to use SDC funds. Councilor Buchner said she supports this and wants the DRAB to focus on securing open space before it disappears. Councilor Woodruff referred to the map attachment and said the Jack Park expansion and restroom access should be listed as well as the Summerlake Dog Park. Acting Parks and Facilities Manager Martin said there are several errors on the map. Councilor Wilson suggested adding the Power Line Easement to the existing parks map and suggested mapping wetlands and sensitive lands. He said these are generally low value properties because they are not developable and we have an opportunity to purchase and link these properties together. He said he wanted to see in the Parks System Master Plan a "big goal" or vision, such as Portland's emerald necklace or the 40-mile loop.DRAB Member Bernhard agreed, saying it should"paint a picture." Mayor Dirksen said Council is committed to seeking a bond in 2010 for buying land for open space. 3. JOINT MEETING WITH THE PLANNING COMMISSION Planning Commissioners Present: Matthew Muldoon, Jodie Inman, Jeremy Vennilyea, Rex Caffall, Tom Anderson,Karen Fishel,Stuart Hasman and David Walsh. Assistant Community Development Director Bunch led the discussion on long range planning objectives. He said the Comprehensive Plan Amendment has taken up much of the Planning Commission's time in the past year. He said since that project is almost complete, the Planning Commission developed a repriontized list of goals at their October meeting. 1. Update the Tigard Triangle transportation and land use plans. 2. Update the Washington Square Regional Center transportation and land use plans. 3. Recommend to Council the Downtown Design Standards, Plan and Zoning Map changes and associated land use regulations. 4. Undertake Highway 99W and other integrated transportation and land use planning efforts. 5. Undertake updates to the Community Development Code, with early emphasis to the City's tree regulations and planned development code. Planning Commission Chair Inman said, "We have accomplished our one big goal, updating the Comprehensive Plan, and are now repriontizing our focus into the next year but we want to ensure we're in sync with Council." Councilor Buchner asked if there was a timeline for the tree code portion of the development code. Assistant Community Development Director Bunch said the priority issue, which is the developer's interpretation, will get done as soon as possible. He said they will then run the other code amendment components parallel with Urban Forestry Program.There is also a budget for a citizen survey. Councilor Buchner asked if the Downtown Design Code would come before Council by the end of next year. Mr. Bunch said an ordinance would come before Council at the beginning of the year with the larger work coming to Council by the end of the year. TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of8 In response to Mayor Dirksen's question about whether the Planning Commission's proposed goals were listed in order of preference, Chair Inman said they were in no particular order. Mayor Dirksen suggested the following order of importance: 1. Recommend to Council Downtown Design Standards, Plan and Zoning Map changes and associated land use regulations. 2. Undertake updates to the Community Development Code, with early emphasis to the tree regulations and planned development code. 3. Undertake Highway 99W and other integrated transportation and land use planning efforts. 4. Update Tigard Triangle transportation and land use plans to emphasize the area's potential to develop as a high-density,urban,mixed-use housing and employment center. 5. Update Washington Square Regional Center transportation and land use plans to leverage additional mixed-use and employment development into the area. Planning Commission Chair Inman noted there is strong commitment to working on two development code standards right away;the planned development and tree codes are important,high profile and sensitive issues. Planning Commissioner Vermilyea said the Planning Commission's future work requires a split personality as some work very detailed and some work is visionary. He said the Planning Commission is discussing with staff about how best to structure their meetings between visionary long-range goal development and the detailed work of code updates. Mayor Dirksen said he hoped there would be more than one staff team supporting the Planning Commission so things can be handed off and worked on concurrently. Councilor Wilson said there has not been much development since the Washington Square Regional Center plan was done years ago when he was on the Planning Commission. Commissioner Vermilyea said they aren't thinking about a big re-write,just revisiting and updating it. Commissioner Vermilyea noted that the Tigard Triangle will require more work because more things have changed in that area. Councilor Wilson said there is much to be done with coordinating with ODOT. Planning Commissioner Muldoon asked Council for feedback on the relative value of a high-level conceptual plan for a denser Tigard Triangle. He said there seems to be a clear benefit for increasing density and building height in this area for Tigard to reach regional goals with less impact on established neighborhoods. Councilor Wilson said the Council is on record preferring the highest and best use for the Tigard Triangle. Mayor Dirksen agreed, saying Tigard is working with ODOT to improve surrounding transportation corridors to the point where the property can be used for its highest and best use. Councilor Wilson noted ODOT doesn't limit downtown Portland development because 405 and I-5 are crowded. Councilor Woodruff expressed appreciation to the Planning Commission for their willingness and commitment to working on technical and long-range plans. He asked how the Target planning process is progressing. Current Planning Manager Bewersdorff said the City had just received Target's application, which is under review to determine if it can be deemed complete. It has yet to come before the Planning Commission but is expected to after the first of the year. Councilor Woodruff asked if the Planning Commission had noticed fewer applications coming in because of the slowdown in the building industry. Chair Inman said there had not been as many private development applications coming before them. TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of8 The Mayor and Council complimented the Planning Commission for their exceptional work on the Comprehensive Plan update. Assistant Community Development Director Bunch said the Transportation System Plan update will begin in December or January and will drive other transit plans. He said that they will also be working with properties on a vision for Highway 99W. Mayor Dirksen announced that the City of Tigard received notice today of a$586,000 grant award for a 99W active corridor J-5 to Durham Road) management plan for traffic signalization software. Assistant Community Development Director Bunch said Engineer Duenas and Rights-of-Way Administrator McCarthy were instrumental in gaining this grant for the City. Mr.McCarthy gave an overview of the project and described the pedestrian and motorist benefits. Planning Commissioner Fishel asked what fraction of the cost the grant would cover.Mr.McCarthy said the project cost is $636,000 with the$50,000 difference being staff time, mostly for ODOT Region 1 staff with just a small amount of staff time provided by Tigard. 4. DISCUSSION ON RE-EVALUATION OF THE STREET MAINTENANCE FEE RATES Engineer Duenas said the current Street Maintenance Fee revenue has lost value due to inflation. The rates no longer generate enough funding to maintain the City's streets. He said that keeping charges at current rates would result in rapidly deteriorating streets and much higher repair costs in the future. An increase in annual revenue from the original $800,000 target is needed. He gave a PowerPoint presentation, a copy of which is in the City Recorder's Office. Engineer Duenas said Tigard's 147 miles of roads represent an investment of over$140 million with an additional$120 million investment in curbing, sidewalks, drainage and rights-of-way. He discussed pavement life cycle and the timing of appropriate street maintenance. Engineer Duenas showed a map of Street Maintenance Fee Projects, by year. He said roads had deteriorated ahead of schedule and those identified for slurry seal in 1999 were too far gone by 2004 for that treatment. In response to a question from Mayor Dirksen about how long a treatment lasts, Engineer Duenas said, "If caught in time,within 5-7 years,you can avoid the higher cost of overlays." He said the City has an overall pavement condition index (OCI) of 68. A reasonable goal over a 20-year period is an OCI of 75,which would allow the City to implement different treatments and keep the maintenance backlog between 10% and 15%. He said Tigard's backlog is currently at 10%, which is good. He said the OCI rate will drop if funded at the current level,leading to a steep deterioration in street conditions. He asked Council what level of pavement condition is acceptable. Councilor Wilson asked if the roads under discussion all belong to the City of Tigard. Engineer Duenas said the City is not spending any Street Maintenance Fees on ODOT's roads. Engineer Duenas said the Street Maintenance Fee evaluation also showed the need to appropriately categorize some local commercial/industrial streets under the non-residential category. He said the proposed fee structure applies these categories more fairly and addresses the problem of trip methodology. He said staff recognizes that some local streets are being used by commercial drivers more frequently so costs should be paid by commercial and industrial users. TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of8 In response to a question from Councilor Buchner about whether it takes more time to repair arterials, Engineer Duenas said it does as more materials are usually required and contractors may have to work night schedules. Engineer Duenas said the current residential rate is $2.18 and$ 0.78 for non-residential (per parking space based on Tigard's Development Code parking space requirements). He said this methodology is valid,with some recommended adjustments. He said the current percentage share is 58%residential and 42%non- residential. Recommended changes at the proposed$2,500,000 level break out as 55.2%residential and 44.8% non-residential. He said proposed monthly fee rates would be$5.34 for residential and$2.15 for non- residential. He said this funding level would get Tigard an OCI (Overall Condition Index) of 75. Engineer Duenas said an additional need is right-of-way maintenance on arterial and collector streets. He said poor right-of-way maintenance makes the City look bad and staff recommends funding this as an integral part of street maintenance. He said overgrown weeds in these areas can present a fire hazard during dry summer weather. He said the annual requirement for right-of-way maintenance is $300,000 and has not been approved in the past few budgets because of the lack of funding. With the ROW maintenance included,the proposed residential rate is $0.72 cents more,or$6.06;and the non-residential rate would increase by$0.29 to $2.44. Councilor Buchner asked if the right-of-way portion could be phased in later,given the current state of the economy. Engineer Duenas said sidewalk repair and maintenance are not addressed in this proposed fee increase but should be considered at a later time. Councilor Woodruff asked what it would cost to put in new sidewalks and Engineer Duenas replied that it would be a separate program. Councilor Wilson commented that it was a bargain. He said if we don't take care of streets now it will cost us a lot more later. He complimented City staff on their excellent presentation, and suggested putting the PowerPoint on the website. Mayor Dirksen suggested putting it in the Cityscape. Councilor Woodruff said there should be more public education on this, including the split between commercial and residential. He agreed with Councilor Wilson that the dollar amount is not huge, but the percentage change is. People will also want to know how this affects their own street. Council President Sherwood said she was supportive but felt the timing was wrong. She asked if a decision on the rate increase could be put off so there is time for education and public comment. Engineer Duenas said staff wanted to get a decision before the end of the year. Council discussed tying the inflation cost to an index. Engineer Duenas said 6-6.5% was the recommendation for the next few years and would be used for the phase-in plan to establish certainty in the fee amounts until 2011. City Manager Prosser noted that the Ordinance uses a combination of indices to determine the inflation rate. Councilor Wilson suggested starting this later but phasing it in faster. City Manager Prosser recommended putting these changes into the master fee schedule as part of the budgeting process but looking at a later adoption and implementation if that is what Council wants. Mayor Dirksen said the City needs to allow a little more time for citizen review and response. He said putting this PowerPoint or other information on the website to allow time for citizen review. Council President Sherwood suggested tallying about the streets that have been repaired in the past five years and those streets scheduled for future work. She said people need to see what is happening in their neighborhoods. Engineer Duenas said there are two Open Houses scheduled for public consideration of this ordinance amendment—November 19,2008 in the Public Works Auditorium and December 11, 2008 in Town Hall. TIGARD CITY COUNCIL MINUTES - OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of8 5. DISCUSSION OF A PROPOSED TRESPASS AND EXCLUSION ORDINANCE TO ESTABLISH GENERAL RULES OF CONDUCT ON CITY PROPERTY Police Chief Dickinson introduced this item and said that an officer came back from working with TriMet and described an exclusion tool that is helpful with problematic people on the transit system. He said the City already uses the exclusion process at the Library and staff wants to expand it to cover all City of Tigard property. Chief Dickinson said there have been instances in Tigard's court, utility billing, human resources and police lobby where angry or disturbed people disrupt others doing City business or working. He said the Library has a policy whereby they request an offender to leave and inform them that they may be excluded from the library for a number of days. He is proposing an ordinance allowing the Public Works Director (who is in charge of all facilities) to establish rules and regulations for conduct in City facilities. Councilor Buchner said asked if the City would have to provide jury trials? Chief Dickinson responded that those cases would be referred to the District Attorney. Councilor Woodruff asked if having this in place would have been helpful for things that happened at Town Hall. Chief Dickinson agreed that it would,noting that the City often contends with repeat offenders. Captain Bell said the Police Department has dozens of private trespass agreements with businesses already,yet doesn't have the same authority on City property. We have also had parking regulation problems on City property and currently have to go through a long process to get vehicles removed. He agreed that the ordinance may seem vague but said, "You can't post a rule for everything because you can't think of every instance." This ordinance allows for customization, i.e. being quiet in the library. It would also avoid the need to come back to Council repeatedly for ordinance amendments. Councilor Wilson said Rule No. 9 on page 4 -No person shall disobey any reasonable request of any City employee.—was too vague. He expressed concerns about staff overreaching and becoming heavy-handed. Chief Dickenson said there would be training for those authorized to administer the ordinance. In response to a question from Councilor Wilson about whether rights-of-way are included, Captain Bell said they are if owned and managed by the City. Captain Bell said when someone is excluded from City property, they will be told specifically and in writing, what that means and given a map showing the exact location where they are prohibited. He said Tigard police officers already issue exclusions on behalf of TriMet, ODOT and private property owners. A similar process would prevent mistakes and make it easier for officers. He said variances are part of the exclusion process. He gave an example of someone excluded from Town Hall being allowed to drop off their ballot at the box in the parking lot. There is a five-day window of opportunity to appeal after receiving an exclusion which can be extended by another five days. If an appeal has not been filed at the end of ten days, the exclusion becomes effective. Once an appeal is filed the exclusion is stayed indefinitely until a ruling. Mayor Dirksen asked Library Director Barnes for her input. She said her experience is that problems in the Library are behavioral not criminal, and the 90-day exclusion component is desirable. She said the Library TIGARD CITY COUNCIL MINUTES — OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of8 experiences adults and junior high students behaving inappropriately. She said they currently have ten trained staff who can administer exclusions. Council President Sherwood asked how often this is used. Library Director Barnes replied it was used only a half a dozen times a year. Library Director Barnes referred to Rule No. 9 saying, "Some kinds of behavior, while not illegal, are inappropriate. Skateboarding in the library is not allowed." Chief Dickinson noted that before issuing an exclusion, a police officer or authorized employee shall first give the person a warning and reasonable opportunity to desist from the violation. An exclusion will not be issued if the person promptly complies with this request to desist. Captain Bell referred to a sample sign that could be posted in the police lobby. He said the proposed sign was based on a sign the City of Portland places in all their public buildings. Council agreed that staff should proceed with the proposed ordinance. In response to a question from Councilor Buchner,Chief Dickinson said it had received City Attorney review. Agenda Item No. 6 was rescheduled to the November 18,2008 Workshop Meeting. 6. Pnr XA4 mer rre FOR r-ibg -d 7. EXECUTIVE SESSION At 9:15 pm Mayor Dirksen announced that the Tigard City Council would enter into an Executive Session under ORS 192.660(2) (d), to discuss labor negotiations. At 9:49 p.m. Mayor Dirksen adjourned the Executive Session and reconvened the Workshop Meeting. 8. ADJOURNMENT At 9:50 pm Mayor Dirksen adjourned the Workshop meeting. /s/ Carol A. Krager Carol A. Krager ,Deputy City Recorder Attest: /s/ Craig E. Dirksen Mayor, City of Tigard Date: December 16, 2008 L•\ADM\Cathy\CCM\2008\081021 workshop.doc TIGARD CITY COUNCIL MINUTES — OCTOBER 21, 2008 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 8 of8