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City Council Minutes - 03/24/2009 Agenda Item No. 7_ l• Meeting of �y 1--;-.,4 �4 City of Tigard Tigard Business im Meeting — Minutes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: March 24, 2009 — 6:30 pm Study Session; 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 meeting to order at 6:30 p.m. Present: Mayor Dirksen, Councilor Buchner, Councilor Henderson, and Councilor Sherwood. Also Present: City Manager Prosser,Assistant City Manager Newton, Finance and Information Technology Director LaFrance,Public Works Director Koellermeier, Councilor Buehner, Associate Planner Caines,City Attorney Bennett,and City Recorder Wheatley Track 1 ➢ Presentation of Clean Water Services Fanno Creek Meander Project—Community Development Department This presentation was postponed. ➢ Trust for Public Lands—Parks Bond Measure Public Works Director Koellermeier referred to a March 17,2009,letter from City Manager Prosser to Joshua Alpert of the Trust for Public Lands (TPL). A copy of this letter is on file in the City Recorder's office. TPL has been working with the City regarding the potential acquisition of some property at Fowler Middle School. TPL also assists with conservation activities. Staff and the Mayor have met with TPL representatives. The letter referred to above requests TPL to assist the City by conducting surveys to help the City determine how to put together land conservation measures or fund raisers. Public Works Director Koellertneier described the good record of TPL successes in these types of matters. After a comment by City Manager Prosser noted regarding TPL's early suggestions for a possible ballot measure in November 2009, Councilor Buehner said she thought a ballot measure in May 2010 might be preferable because of the type and number of ballot measures that will likely be on the November 2010 ballot. Public Works Director Koellermeier noted there are a great number of variables. At this point,more information is needed before a decision is made. Councilor Sherwood commented that a lot of public education is necessary and she would prefer to allow time for this effort. TIGARD CITY COUNCILJLCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 19 Mayor Dirksen said he is lobbying Metro for assistance with the purchase of the Fowler property. He said he has planned a tour of this property for Metro Councilors Collette and Burkholder. Track 2 ➢ Annual Review of Mayor's Regional Liaison Activities—Administration Department Mayor Dirksen referred to his March 24,2009,annual document reviewing his regional liaison activities. A copy of this document is on file in the City Recorder's office. It has been five months since the Mayor has been devoting half time to City business. He asked if the City Council had any questions or comments on this report. Councilor Buehner commented positively about the representation that Tigard now has. Councilor Sherwood added that the City has received funding as well as good attention directed toward the City. After brief discussion,there was City Council consensus for the Mayor to continue to serve as he has been doing. Track 3 ➢ City of Tigard Growth and Development Aspirations—Urban-Rural Reserve Update— Community Development Department Community Development Director Bunch introduced this item. Washington County and Metro have embarked on two paths regarding aspirations. The City responded to Metro by putting together a list of its aspirations as to how it wants to grow and where. He referred to Mayor Dirksen's comment at a joint JPACT and MPAC meeting: "We can't continue to do business as usual." The City,because it is landlocked needs to focus on growth and development in a different way. At this joint meeting,the Mayor asked the questions: • What kind of cities do we want to be? • Where would we put growth? • How will we accommodate population? The City of Tigard wants to grow within the downtown area,along Highway 99W corridor,the Tigard Triangle, and Washington Square. The single-family neighborhoods will be sacrosanct. There will be opportunities for a variety of housing. Staff has translated this aspiration into ideas consistent with Metro's"Greatest Places" efforts. Subsequently,Washington County has asked cities about their aspirations. The Tigard Council responded that the City of Tigard does not necessarily aspire to grow outside the current boundaries,but it recognizes there are expectations and responsibilities to provide municipal governance and services to new urban growth outside the City. Community Development Director Bunch reviewed the possible boundaries for the City of Tigard,including Areas 63 and 64 and the lands already designated urban services areas for the City (consistent with existing agreements). Community Development Director Bunch reviewed statistics (also reported in the Agenda Item Summary prepared for the City Council,which is on file in the City Recorder's office). Up to 14,000 new housing units could be developed inside the existing City boundaries along with 23,000 new jobs. We will have approximately 8,300 new housing units developed on lands added to the City boundaries and about 5,700 new jobs on these same lands. Washington County's approach to urbanizing Areas 63 and 64 shows there are very few number of jobs on a 13-acre employment area. For Tigard to be a complete community and reduce travel, staff feels there should be attention paid to the land made available for jobs. In total, staff estimates 22,300 new household units along with 28,700 new jobs in a 30-50 year growth and development scenario (for Tigard's goals/aspirations). TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 19 Community Development Director Bunch asked if the above is in keeping with the City Council's understanding and support? Community Development Director Bunch confirmed for Councilor Buehner that these numbers were based upon the City being successful in securing light rail. Councilor Buehner suggested an education effort be made regarding how important it is for this area to get the light rail. She asked what the numbers would reflect if this area does not get light rail. Community Development Director Bunch agreed it would be interesting to take this opposite view showing when Highway 99W would reach complete gridlock. Mayor Dirksen noted this would have the same effect on Highway 217 and adjacent I-5. Councilor Buehner referred to the stringent development limitations in the Triangle because of traffic issues. Mayor Dirksen said that Metro has applied for a TGM grant to do a land use study of the 99W corridor, looking at what kind of land use needs would be necessary to support the light rail in the corridor. Community Development Director Bunch asked the City Council if it supported the staff direction as he had outlined. There were affirmative responses by Council members with Mayor Dirksen saying it is important to note that the figures reviewed by Mr. Bunch were the result of assuming a maximum density and full build out at 40-50 years from now. Community Development Director Bunch added that this is assuming densities anywhere from 30-50 units per acre. With light rail,the densities in the downtown could even be higher; however,this is not likely within the foreseeable market. Mayor Dirksen agreed with Mr. Bunch—this is something the Council has addressed previously when there has been discussion about building up and how "far u " P• Community Development Director Bunch said he met with a Portland district liaison planner who is interested in Tigard. They want to cooperate and participate with Tigard. There is the possibility that some of the m Portland Commissioners might come to Tigard to talk to us. Mr. Bunch specifically mentioned Portland Commissioners Amanda Fritz and Dan Saltzman. Portland Mayor Sam Adams continues to be interested as well. Councilor Buehner commented that Commissioner Fritz has been a long-time quality neighborhood advocate and Commissioner Saltzman is the"Westside"representative and is familiar with the different density quotients that exist on the Westside. City Manager Prosser said he and Mayor Dirksen have a meeting set up with Mayor Adams and Portland transportation staff Mayor Dirksen advised that Tigard's report on aspirations went to Washington County Commissioners advising the City Council was uncomfortable creating a report without having time to go through a public process. Mayor Dirksen said both Chair Brian and Commissioner Rogers complimented the report. Community Development Director Bunch said Metro also liked that Tigard drew the distinction between responsibilities, expectations and aspirations. Track 4 Discuss City of Fairview Letter Regarding TriMet—City Manager Prosser referred to a March 18 letter from the Mayor of the City of Fairview. A copy of this letter is on file in the City Recorder's office. TriMet General Manager Hansen is scheduled to meet with the City Council during the business meeting later tonight. City Manager Prosser advised that Fairview has had a number of issues with TriMet over the years,and as a result, they have gotten Senator Monnes Anderson and Senator Morrisette to introduce a Senate Bill to change to way that the TriMet governing board is selected. Currently,the board is appointed by the Governor. Fairview has submitted legislation,which if passed,would change it so the board would be directly elected by districts. Fairview is looking for support for this legislation. City Manager Prosser said the City of Tigard needs to determine its position on this. The staff recommends that Tigard not support the legislation;we are working well with TriMet and we do not want to jeopardize this. City Manager Prosser noted that many of the issues outlined by Fairview in their letter are not issues of policies,rather these are operational issues. Mayor Dirksen TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Pdge 3 of 19 said the Council should not come to a conclusion tonight but to take some time to think about this matter. He suggested this be reviewed again in a week or so;i.e.,April 14. Councilor Buchner said Council members might have some suggestions regarding how the board members are recommended for appointment by the Governor. Track 5 City Manager Prosser reviewed the following administrative items with the City Council: ➢ Fifth Tuesday Meeting at Tigard High School, March 31, 2009 has been cancelled. ➢ Joint meeting with Tigard-Tualatin School District and City of Tualatin will be held at 6960 SW Sandburg,Tigard. Mayor Dirksen and City Manager Prosser will be absent. ➢ Joint Meeting with the City of Beaverton Council is set for April 7, and the City of Tigard is hosting. ➢ Joint Meeting with the City of Lake Oswego has been set for May 26. City Manager Prosser advised a draft agenda has been identified. A bus tour before the meeting is planned (Library and the Downtown). If the weather is nice, the Mayor suggested the Councilors walk the Fanno Creek Trail to City Hall. In addition, if there is time the tour might include the Tigard Triangle. Mayor Dirksen reviewed some of the agenda items that might be brought forward for this joint meeting. ➢ City Council agreed to a 6 pm start of the City Council meeting to accommodate an Executive Session on Labor Negotiations. ➢ Councilor Sherwood, Councilor Buchner and Councilor Henderson advised they would attend the 100 ' birthday party for Curtis Tigard, Saturday,April 25, 1-4 pm in the Library Community Room ➢ Council members were advised of the 135`h Anniversary of the Tigard Grange planned for Saturday, April 25, Noon-6 p.m. at the Tigard Grange (13770 SW Pacific Highway), BBQ lunch, presentations, Cub Scout demonstrations, square dancing club, Scottish country dancing, and more. Council reviewed upcoming Budget Committee meeting dates. City Manager Prosser introduced the new Times Reporter,Christina Cooke. Study Session concluded at 7:06 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the meeting to order at 7:20:51 PM 1.2 Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buchner ✓ Councilor Henderson ✓ Councilor Sherwood ✓ 1.3 Pledge of Allegiance 1.4 Council Communications&Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 7:31:42 PM 2. PROCLAMATIONS Mayor Dirksen issued the following proclamations: TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 19 • American Legion Month—March 2009 • Arbor Month—April 2009 The City is a Tree City USA and has been recognized by the Arbor Day Foundation for improvement. • National Community Development Week — April 12-18, 2009 — Councilor Sherwood noted that the Senior Center and Good Neighbor Center were built with CDBG funds. The St. Vincent DePaul Food Bank near St.Anthony's Church was also built with CDBG funds. Two years ago, sidewalks on Hall Boulevards were constructed and the City was awarded funds this year for sidewalks on Frewing Street. This program gets down to the local level where it is needed. 7:35:04 PM 3. CITIZEN COMMUNICATION: None 7:36:00 PM 4. CONSENT AGENDA: Mayor Dirksen reviewed the Consent Agenda: 4.1 Receive and File:Annual Solid Waste Financial Report 4.2 Establish Transportation Advisory Commission-Resolution No. 09-14 CREATING A TRANSPORTATION ADVISORY COMMITTEE (TAC) TO ACT AS AN ADVISORY BODY TO THE TIGARD CITY COUNCIL AND STAFF AND TO PROVIDE A VENUE FOR CITIZEN INVOLVEMENT OPPORTUNITIES IN TRANSPORTATION MATTERS AND INCREASE COMMUNITY AWARENESS OF TRANSPORTATION ISSUES THAT AFFECT THE CITY OF TIGARD 4.3 Approve Continuing Control Agreement with TriMet for Operation of Commuter Rail within the City of Tigard-Resolution No. 09-15 APPROVING A CONTINUING CONTROL AGREEMENT WITH TRIMET FOR THE WESTSIDE EXPRESS SERVICE COMMUTER RAIL PROJECT (WILSONVILLE TO BEAVERTON)WITHIN THE CITY OF TIGARD 4.4 Appoint City Center Advisory Commission (CCAC) Member—Resolution No. 09-16 APPOINTING ALEXANDER CRAGHEAD TO THE CITY CENTER ADVISORY COMMISSION, TO FILL THE UNEXPIRED TERM OF FORMER COMMISSIONER LILY LILLY 4.5 Approve Intergovernmental Agreement with Tigard-Tualatin School District for Safe Schools Grant Program 4.6 Authorize the City Manager to Sign an Intergovernmental Agreement with the City of Gervais Providing a Lieutenant to be Interim Police Chief 4.7 Authorize the Submittal of a Transportation Growth Management (FGM) Grant Proposal for Greenway Trail Master Plan—Resolution No. 09-17 AUTHORIZING THE SUBMITTAL OF A TRANSPORTATION GROWTH MANAGEMENT PROGRAM GRANT PROPOSAL TO FINANCE A GREENWAY TRAILS MASTER PLAN 4.8 Approve Resolution Supporting the Submittal of a Transportation Growth Management (TGM) Grant Application by Metro for a Highway 99W Corridor High-Capacity Transit Land Use Plan—Resolution No. 09-18 TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 Cityof Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Pdge S of 19 SUPPORTING METRO'S APPLICATION FOR A STATE TRANSPORTATION GROWTH MANAGEMENT GRANT TO COMPLETE A HIGH-CAPACITY CORRIDOR LAND USE PLAN FOR THE HIGHWAY 99W CORRIDOR IN TIGARD 4.9 Local Contract Review Board—Award Insurance Agent of Record Contract Motion by Councilor Buchner, seconded by Councilor Sherwood,to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Council President Wilson Absent Councilor Buchner Yes Councilor Henderson Yes Councilor Sherwood Yes 5 DiseT ssic)N vv\ Pi S .N A O T BT UTlic a • Senator Burdick and Representative Gali,-yo will provide an update on the 2009 Legislative Session at the April 14, 2009, City Council meeting. 7:38:47 PM 6. ANNUAL MEETING WITH TRIMET GENERAL MANAGER,FRED HANSEN Associate Planner Roberts introduced the following TriMet officials: General Manager Hansen and Services Program Manager Kautz who were present to discuss with the City Council transit-related issues of concern to the City of Tigard. Highlights of Mr. Hansen's presentation included the following: • Summarized recent history of Tigard activity and noted challenges for the future. • This is his fifth report since the signing of a Memorandum of Understanding with the City of Tigard. 7:40:22 PM • Mr. Hansen,since his last meeting with the City Council,has toured the Tigard area. Dramatic changes have occurred. • Reviewed where new bus stop and shelter improvements have occurred. • Future possibility for a high-capacity transit system for Barbur Boulevard/Highway 99W • Reviewed the February grand opening of WES. There have been about 1350 riders per day and the goal,after the first year is for 1700 riders per day. • Reviewed new Park and Ride Opportunities • TriMet anticipates opportunities to be a partner in Tigard's redevelopment efforts. • Tigard area participated actively in the opening ceremonies for WES. • Reviewed some of the challenges accompanying the WES light rail. There has been a horn noise issue. A new horn has been installed. The function of the horn is controlled by the Federal Railroad Administration, so there is not much flexibility with regard to its operation. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 6 of 19 • Referred to the economy and unemployment rate. Much of the TriMet budget is based upon the TriMet tax and those revenues are down. TriMet has instituted a 5 percent across-the-board reduction. • Referred to the Recovery Reinvestment opportunities and an upcoming public hearing. • TriMet expects to receive $44.7 million in stimulus dollars,which will be required to be used for capital projects. • $75,000 was spent on a storm pipe at the Tigard Transit Center. • Despite the downturn in the economy, there is a need to plan. Line 76 is on line for more frequent service. • Reviewed some anticipated service changes. Questions/Discussions The Mayor, Council and Mr. Hansen discussed activities leading to the opening of the light rail as well as efforts to convey to U.S. legislators the continuing need for financial assistance. Mr. Hansen noted Federal funding is usually for capital needs, not for operating expenses. He noted the strain TriMet is under with increasing ridership and decreasing revenue. Mayor Dirksen noted his appreciation for the good relationship between the City of Tigard and TriMet and said he hoped this would continue. 8:03:55 PM 7. QUASI-JUDICIAL PUBLIC HEARING—ZONE CHANGE ANNEXATION ZCA 2008-00005 MONTAGE TOWNHOMES ANNEXATION REQUEST: A request to annex approximately 2.03 acres of property, plus right-of-way on SW Hall Blvd and SW 92nd Avenue (.07-acres) to the City of Tigard. The subject 2.03-acre property received land use approval from Washington County (WACO) under the County's TO: R-18-24 zone and subdivision standards on September 22, 2006 (WACO Case No.06-266-S/HRV/AMP). Site work for the subject property's 33-lot subdivision is approximately 90% completed. LOCATION: 9325 SW Hall Boulevard, east of SW Greenburg Road; Washington County Tax Assessor's Map 1S126DB, Tax Lot 01100, plus Adjoining Right- of-Way. COUNTY ZONE: Transit Oriented Residential District. 18-24 units Per acre (MR18-24). The intent of the transit-oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations,within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. EQUIVALENT CITY ZONE: MUR: Mixed Use Residential Districts. The MUR zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. A high density (MUR-1) and moderate density (MUR-2) designation is available within the MUR zoning district. MUR-1 (northern half of the property to implement the City's comprehensive plan map designation under the City's Washington Square Regional Center Plan zone. MUR-2 (southern half of the prop) is most similar to the County's TO:R-18-24 zone. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222;and Metro Code Chapter 3.09. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 7 of 19 a. Mayor Dirksen opened the public hearing. b. City Attorney Bennett reviewed the procedures to be followed for this hearing. C. Declarations or Challenges—Mayor Dirksen asked the following questions: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? Councilor Sherwood advises she drives by the property regularly. Councilor Buehner advised she drove to the site to determine its location. - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council?There were no challenges. d. Staff Report: Community Development Department Associate Planner Pagenstecher presented the staff report. No public comments were received prior to the hearing;however, staff received a request for a Chinese language interpreter. Staff attempted to contact the requestor to follow up,but did not receive a return call. Associate Planner Pagenstecher presented the staff report,which is on file in the City Recorder's office. The applicant received approval from Washington County for a 33-unit development on the subject site. When it came time to record the plat,it was discovered that there was a portion of the development in the City of Tigard. The County and the City agreed that the City would sign the final plat upon annexation. Staff contacted adjacent property owners to determine if anyone was interested in annexing. Four property owners were asked and none indicated interest. One hundred percent of the property owners petitioned;no voters are on the subject property. Associate Planner Pagenstecher reviewed the key findings: • The proposed territory is contiguous to Tigard City limits. • Urban services are available in a sufficient capacity to service the subject parcel. • The applicant/owner of the subject parcel has consented to the annexation by petition. • The proposed territory is within Metro's Urban Growth Boundary. • The proposed territory is within Tigard's Urban Service Area and Area of Interest. • The area is in the Metzger area, adjacent to the City of Tigard. Associate Planner Pagenstecher referred to a memo to the file to enter into the record. This is a March 20, 2009 memo from Gary Pagenstecher,Associate Planner to "File: Montage Townhomes (ZCA2008-00005), Regarding Acknowledgement of County Land Use Upon Building Permit Application." This memo is on file in the City Recorder's office. The lots will be reviewed for building permits applying the County's zoning standards as approved and conditioned in the County land use decision, Case File 06-266-S/HRV/AMP. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 8 of 19 8:13:10 PM Councilor Buehner asked about the zoning of the property. Associate Planner Pagenstecher referred to MUR 1 and 2 zones. The zone that applies is either the City's Comprehensive Plan or the zone matching the closest to the County's zone. In this case,part of the property is subject to the Washington County plan,MUR 1,which is a high-density (50 units per acre) designation. The south half of the property was originally zoned R-5 and currently R-18-24, under the transit-oriented development regulations. The corresponding zone to the County would be MUR 2. C. Public Testimony - Applicant 8:14:34 PM Jerry Palmer testified. He was representing Casa Terra, the owner of the property being considered for annexation. Improvements are in streets and utilities. They are going through a final punch list with the County. He said he would appreciate the Council's consideration to bring this property into the City of Tigard. They will proceed to construct 33 townhomes that are transit oriented. - Opponent Elizabeth Braam, 9315 SW Lehman Street,lives in a residential area close to the property in question. At the time this proposal was presented to the County,many of the neighbors testified in opposition mostly because the traffic these properties will generate will not go onto Hall Boulevard, but will go through the Metzger residential area. Now that this property will be annexed to Tigard, can that decision for the traffic flow be reconsidered? Mayor Dirksen advised that the only thing before the City Council tonight is whether the property will be brought into the City. The approval for the plat and the design has been completed and approved. The Mayor said he did not think the City Council would have an opportunity to readdress those issues. City Attorney Bennett responded for this annexation request, fundamental items for the Council to consider are the capacity of facilities and services. However,it would not be appropriate for the City Council,within an annexation procedure, to consider impact on neighborhoods and those types of issues. Mayor Dirksen said that if the City Council were to decide to deny the request for annexation,it would not change anything. The development would go forward regardless,with the access staying as it is now planned. In response to a question from Mayor Dirksen,Associate Planner Pagenstecher confirmed there is no access for this property to Hall Boulevard. There is an emergency access. The development access is 92nd Avenue. Ms. Braam said she did not understand why a right-hand turn would not be allowed when exiting this development. She asked if the City of Tigard will look at these details again after annexation. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 9 of 19 Council members confirmed for Ms. Braam that the details for the development would not be reviewed by the City of Tigard. The development would go forward as agreed-to by Washington County. Councilor Buchner said that once a jurisdiction has made a decision and the appeal period has passed, then the decision is final. The City Council cannot"upset" a decision that another government has made. Mayor Dirksen said it is unfortunate that the street that will access the property is not within the City of Tigard. The City would not have an opportunity in the future to see what kinds of changes or improvements could be made to help facilitate a better traffic solution. 8:20:53 PM - Applicant Response Mr. Palmer explained that the original application was for direct access on to Hall Boulevard to service this development. The CPO and the neighbors attended the hearing. All who attended were "astounded" that this access was not allowed because a prior development plan did have access. As a part of the decision for this development,Washington County adopted a plan for a circulation that will provide for the street to go out to Hall Boulevard through the adjoining property to the east. This is a part of the record and decision for this development. Councilor Buchner asked if a street would access Hall Boulevard when Tax Lot 1000 (adjacent to the subject property) is developed. Mr. Palmer said when Tax Lot 1000 and 900 are developed this would occur. Councilor Buchner said because none of these properties are within the City, the City would not have any control over what happens regarding the future development of those properties. Mr. Palmer agreed and added, "unless they annex before they develop." Mayor Dirksen said it sounds as if there is some plan for future relief. 8:22:54 PM f. Staff Recommendation:Associate Planner Pagenstecher said staff recommends that the Council find the proposed annexation,ZCA2008-00005 meets all of the applicable approval criteria and recommends approval of ZCA2008-00005 by adoption of the proposed ordinance. 8:23:16 PM g. Mayor Dirksen closed the public hearing. h. Councilor Sherwood supported annexing the property. She said it helps to know there is the possibility of another access in the future. Councilor Buchner said she is sensitive to the neighbors' concerns about access in the interim period. Unfortunately, the neighbors are not part of the City; therefore, the options for the City Council are limited. She said she hoped that some of the neighbors would decide it would be in their best interests to annex in the future. In response to a question from Mayor Dirksen,Associate Planner Pagenstecher said he was not aware of any traffic calming applied to 92 d Avenue. Councilor Sherwood said she travels 92nd Avenue,and there is no traffic calming. Mayor Dirksen agreed with Councilor Sherwood that it is the City's policy that when owner's of parcels within the City's service area request to annex, the City Council is willing to do so. Mayor Dirksen added that the City Council recognizes its potential TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 10 of 19 responsibility to provide urban services as areas develop. Information shows that services are adequate for this annexation. He supported the annexation request. Motion by Councilor Sherwood, seconded by Councilor Buehner, to adopt Ordinance No. 09-03. City Recorder Wheatley read the number and title of the ordinance: ORDINANCE NO. 09-03—AN ORDINANCE ANNEXING 2.10 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT OF WAY,APPROVING THE MONTAGE TOWNHOMES ANNEXATION ZCA2008-00005) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT City Recorder Wheatley conducted a roll-call vote of the City Council: Mayor Dirksen Yes Council President Wilson Absent Councilor Buehner Yes Councilor Henderson Yes Councilor Sherwood Yes The motion was approved by a unanimous vote of City Council present 8:26:30 PM 8. QUASI-JUDICIAL PUBLIC HEARING—FIELDS COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT (CPA 2008-00008/ZON 2008-00002) —CONTINUED FROM MARCH 10, 2009 REQUEST: The applicant is requesting amendments to the Comprehensive Plan and Zoning Maps to change the Comprehensive Plan Designation and Zoning Classification for one parcel (approximately 25 acres) from Light Industrial (I-L) to Medium High Density Residential (R-25). The parcel is located east of Hall Boulevard at the dead end of Wall Street. Surrounding properties are zoned I-L to the north and south, R-12 to the west, and I-P to the east across the railroad tracks. LOCATION: The site is vacant and has no address. It is located east of the Hall Boulevard and Wall Street intersection, east of Fanno Creek and west of the railroad tracks. Washington County Tax Assessor's Map 2S10100, Tax Lot 1200. ZONES: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. COMPREHENSIVE PLAN DESIGNATION: Light Industrial to Medium-High Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390; Comprehensive Plan Goals 1, 2, 6, 7, 9, & 10 of the updated Comprehensive Plan, and Policies 3 and 8 of the previous Comprehensive Plan; Metro Functional Plan, Titles 3, 4, 7, and 13, and Statewide Planning Goals 1, 2, 5, 6, 7, 9, 10, 11, and 12. a. Mayor Dirksen announced this is a continuation of the public hearing that was opened on TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 www.tigard-or.gov I Page 11 of 19 March 10, 2009. The process tonight will be limited to an opportunity by the applicant to rebut previous testimony at which time the public record and the public hearing will be closed followed by the City Council deliberations. b. Hearing Procedure Statement—City Attorney Bennett confirmed that the statement above by Mayor Dirksen is adequate with regard to informing the public regarding the procedure for the hearing. It is clear that this has been before the City Council a number of times previously and the procedure was read into the record previously. Any person who has a right to be here tonight has heard the procedure. The City Council will listen to the rebuttal and staff comments followed by the City Council deliberations. C. Declarations or Challenges—Mayor Dirksen asked the following questions of the City Council: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing,including any site visits? None reported. - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council?There were no challenges. d. Staff Report: Associate Planner Caines presented the staff report. She recapped the hearing process to date: - The initial hearing was on February 24, 2009. At that hearing, the staff presented the staff report and the Planning Commission's recommendation. Testimony was heard from the applicant and representatives. The hearing was continued to March 10, 2009. - On March 10, 2009, staff gave a recap of the process. Council acknowledged its review of the staff s written response to the applicant's testimony. There were no questions of staff at that time. Mr.John Frewing spoke in opposition of the proposal during the public testimony portion of the hearing. A continuance was requested by the applicant and was granted. The hearing was continued to March 24, 2009. - The applicant's final written rebuttal was submitted to the Mayor and City Council on Tuesday, March 17,2009. - The applicant has requested a Comprehensive Plan Map and Zoning Map amendment,both of which require compliance with the City's Comprehensive Plan Goals and Policies. - The Comprehensive Plan is important because it is the tool that guides decision makers on land use policy and Tigard's future. The applicant has not shown how the proposal is consistent with a number of these Comprehensive Plan Policies and Goals;in particular, the Economic Development Goals and Land Use Goals. - Staff has offered to the applicant the legislative process,which is a means to review the site's designation. This would be a process that would take a look at the site's designation through a citywide process and considers what is the proper zoning designation for that site;i.e., light industrial,R-25, or something different. - The State opposes this proposed amendment and the Planning Commission recommended denial. - Staff would find it difficult to write findings in support of this proposal. The staff continues to recommend denial of the proposed Comprehensive Plan Map and Zoning Map amendment. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 of 19 8:30:47 PM C. Public Testimony Mayor Dirksen noted the City Council received written rebuttal from the applicant. He asked if the applicant or the representative wanted to make an oral statement. 8:30:54 PM - Applicant Applicant representative Phil Grillo, said the applicant has had an adequate opportunity to present their case and to provide the City Council with a detailed, but focused, rebuttal that will help the City Council with its deliberations. He advised he and his associates would remain available should the City Council have questions. 8:31:44 PM f. Mayor Dirksen closed the public hearing. g. Council Discussion and Consideration: - Councilor Henderson said this was a difficult decision. He referred to the history of the last 30 years associated with this property. He said he believes there are certain items that have convinced him that to leave this as an industrial parcel would not be in the best interest of the City. He said he does not believe he could rule to leave this as industrial especially after all that Fred Fields has done, over time, for the City. - Councilor Sherwood referred to her review of the information and past hearings regarding this industrial property. Things change. She said that as the Comprehensive Plan is reviewed, she suspects that this property would have been rezoned residential. She advised of her concern with residential area near the floodplain and the liability of changing the zoning. Her concerns have been addressed. She said she is leaning towards allowing housing for this property because of all the changes that have occurred in the area. - Mayor Dirksen noted the City Council has received a list of options by staff. One of those options would be to not accept the Commission's recommendation and move to designate the property as residential. Councilor Sherwood confirmed that this is what she is considering. - Councilor Buehner said this is a difficult situation because of the issues involved for this particular parcel. However,making a decision of this sort requires a tremendous amount of evaluation and an opportunity to look at the "big picture." The City is currently undergoing periodic review. She said she thinks this property should be rezoned,but the appropriate venue for that to occur is in conjunction with periodic review. Councilor Buehner advised she would support the Planning Commission's recommendation. - Mayor Dirksen asked for clarification from Councilor Buehner. He noted that one of the options proposed by staff would be to deny the request,but then direct staff to evaluate through the process whether the site should be zoned residential. Councilor Buehner confirmed that this is the option she favors,because of the need to look at the bigger picture. One of the issues involves access and there are serious issues for the type of development the applicant is considering. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 13 of 19 - Mayor Dirksen agreed with Councilor Henderson when he said that this is not an easy decision. Mayor Dirksen said he has reviewed this proposal from all angles. Regardless of the decision made tonight and the choice Mr. Fields makes based on that decision, this will be a difficult and expensive parcel to develop whether it is industrial or residential. For that reason and for the obstacles that have been placed in the path of this piece of property in the past, Mayor Dirksen said he thought it would be imprudent and probably dishonorable to put more obstacles in the path. Considering whichever way to proceed with development,Mr. Fields will still be required to meet all of the Code requirements and limitations placed on the property because of its location and the difficulty with access. Mayor Dirksen said while he appreciated Councilor Buehner's thought that this needs to go back through a legislative process, as a Council,he believes the members can either decide whether this is a good idea or a bad idea. "I don't know that we need to ask someone else to make that decision for us." - Mayor Dirksen noted concern with the staff's comment that they would find it difficult to make findings for changing the zoning. However,if this were to go through a legislative process and the conclusion was that the zoning should change, then they would need to make those findings at that time regardless. He said he was inclined to make the decision tonight and find in favor of the applicant's request. Motion by Mayor Dirksen not to accept the Commission's recommendation and that we move to "re-designate" the property as residential as proposed and ask staff to develop findings in support of that amendment. City Attorney Bennett addressed the Mayor. He said one alternative the Council might have if it wanted to respond to the staff's concern about findings,would be (if the City Council was inclined to approve this) to ask the applicant to prepare the findings. The applicant would prepare the findings and submit them to the City Council for consideration at a subsequent City Council meeting. City Attorney Bennett said he suspected the applicant probably feels that they can write findings. This would place the burden on the applicant,who has asked the City to make this change, to prepare findings that they believe can support the decision that they have asked you to make. Mayor Dirksen said he amended his motion to ask the applicant to prepare findings. City Attorney Bennett said the question would then be, "When should they come back to the City Council with findings?" City Manager Prosser said it appears that April 28,would be a good date for the City Council to consider the findings. The applicant will have the findings submitted to the staff by April 7, 2009. Associate Planner Caines advised there were some conditions that would need to be addressed. One of which is the change of the Metro Title 4 map designation of employment lands. There should probably be a condition that this map be amended. Attorney Grillo said he did not believe this was consistent with what Metro was saying. Residential is permitted in the employment designation under Title 4. Associate Planner Caines said, and Attorney Grillo agreed, this is currently designated as employment lands. Attorney Grillo suggested that the condition could be, "That to the extent Metro would require a modification of Title 4 map, that such a modification would be required." TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 14 of 19 Mayor Dirksen clarified that findings could be completed by April 7,but there could be further processes that would take place after that. Attorney Grillo agreed. Associate Planner Caines noted another condition recommended by Oregon Department of Transportation (ODOT). If the application was approved, ODOT recommended a trip cap of 352 trips. In response to a question from Mayor Dirksen,Attorney Grillo said that the trip cap would be included in the findings but the City Council would want to have it as part of their order to defer to the City Attorney. City Attorney Bennett advised that, "What would happen is, they will submit their proposed findings by the 7`". Staff could then respond with any proposed conditions that would need to be imposed as part of that decision." Mayor Dirksen said there will be some access issues and perhaps some questions on how many units will be allowed. 8:43:53 PM Community Development Director Bunch agreed that any Metro requirements dealing with Title 4 is something that the applicant would be responsible for pursuing. One of the concerns by staff for writing findings,is to develop supportable findings from staff's perspective,it would require a lot of work and they appreciate that the applicant will be proposing the final findings. Mayor Dirksen said there is a motion on the table. Councilor Henderson seconded the motion. The motion was approved by a majority vote of City Council present: Mayor Dirksen Yes Council President Wilson Absent Councilor Buehner No Councilor Henderson Yes Councilor Sherwood Yes 8:44:59 PM 9. DISCUSS BUILDING DIVISION BUSINESS PLAN PROGRESS AND DIRECTION Finance and Information Technology Director LaFrance and Building Official Blalock presented the staff report. Mr.LaFrance referred to work being done among staff regarding fiscal and workload difficulties in the Building Division. Staff has developed a business plan. The goal of the plan is not just to show where revenues and expenditures don't meet and then do an across-the board adjustment. Staff looked at individual City building services and how they are funded to determine how to line up a stable and fiscally viable Building Division and Building Fund for the City. Tonight, staff will seek direction from the City Council on key parts of the Building Business Plan. Staff is requesting assistance in three areas: 1. Who will provide building services for the City of Tigard? 2. What is the quality of the services to be provided to the building community? 3. How are the services to be funded? Staff reviewed a PowerPoint presentation with the City Council. A copy of this presentation is on file in the City Recorder's office. - A general schematic of a business plan model was reviewed. - Service options were outlined. (Slide 4). TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 15 of 19 How services are delivered was reviewed. (Slide 5). Historical service levels were reviewed (Slide 6) - Service level assumptions were reviewed (Slide 7) Service level options were reviewed (Slide 8) Finance and Information Technology Director LaFrance said he would like to pause at this point of the presentation for feedback from the City Council. He advised that Building Official Blalock thinks that the Building Division can push beyond the historical level of providing 12 inspections per inspector per day. The number of inspections could be brought up to 15 because of technology improvements and more efficient, experienced staff. Councilor Sherwood asked if the inspectors have computers on site with them. Building Official Blalock advised that staff is moving toward more of a paperless system. Before the inspectors leave in the morning, they need to take some time to determine their day's route. A lot more of the office work is being done in the field. Inspections are no longer filed with paper;they are filed electronically. Those records required to be kept permanently are printed and then microfilmed. She noted the unknowns regarding what might happen in the field. For example,an inspector is scheduled for a job,but the job is not ready for an inspection,which means the inspector will have to return. This might mean that 12 inspections are scheduled,but one or two of them would be repeat inspections. Finance and Information Technology Director LaFrance agreed with Councilor Sherwood. He said what the service level options is "getting at" each piece of work that the City performs and each type of permit has an average number of inspections. This average number includes needing to return for re-inspections. Staff is trying to develop "within a given day,what level of service do we want to provide?" Finance and Information Technology Director LaFrance said,historically staff has spent about 25 minutes for every inspection on site. Staff believes the inspections could be done within the 20-to-25 minutes range, thereby performing 12-15 inspections per day. There are jurisdictions that do more inspections per day than what the City of Tigard has done. Too many inspections per day will compromise the quality of inspections and the ability to perform"next day"inspections cannot be done on a consistent basis. The work does not come in evenly;some days more inspections are requested than others. In response to a question from Councilor Sherwood about what is being asked of the City Council,Finance and Information Technology Director LaFrance said staff is seeking direction about the comfort level for delivery of service. Staff will be returning during the budget process with the findings of the business plan along with the recommendation contained in the business plan. The business plan will be shaped by the comfort level articulated by the City Council. Councilor Buehner noted she has had clients who have experienced a high rate of problems with the increased number of inspections-per-day performed by the City of Beaverton. This is a concern that if the number of inspections are pushed significantly,that in the end a problem will be created with poor quality inspections. She asked if all of the City's inspectors are cross-trained;i.e., can they do plumbing,gas, etc.inspection? Finance and Information Technology Director LaFrance said the inspectors are cross-trained with the exception of Type A electrical. Only one person on staff can do the Type A electrical inspections. Building Official Blalock clarified the areas of cross training of the inspectors noting there is good coverage with the inspectors doing a variety of inspections. Temporary assistance is procured when the A-level electrical inspector is on vacation. Finance and Information Technology Director LaFrance confirmed for Councilor Henderson about the time allocated for inspections (drive time plus inspection time of 25 minutes) as well as administrative paperwork time. Councilor Henderson shared that in his experience as a builder,he thinks that 12 inspections per day is low and that 15 inspections would be a reasonable number to accomplish per day. TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 16 of 19 Mayor Dirksen noted agreement with Councilor Henderson. While he did not think that 20 inspections per day was desirable for a consistent number. A reasonable amount of time would probably be 10 to 15 minutes per inspection. Mayor Dirksen said that the idea of relinquishing building services from the City of Tigard to another entity was not the way he would want to proceed. It is not a question of service capability;rather,it has to do with a community view of what appropriate service is. Every community has a different view of what that is. One of the things that makes Tigard unique,is because we have our own view of what community service is and he was hesitant to give it up or even share it with another city. Mayor Dirksen said he thought that the service could be geared up a little more to make it more cost effective. Councilor Buchner noted there were a number of commercial applications underway in the Tigard Triangle. She referred to the parcel just annexed that will have 43 units. It appears there will be a pick-up in the building activity in the next few months. She noted concern about cutting back too much so that we are not able to provide the services required in the next few months. Mayor Dirksen said the City has had to downsize this department because of the economy and the lower needs. We are now at a point in our staffing where we cannot go any lower and have a viable department,which is part of what is leading to this question for maintaining service. Mayor Dirksen noted there has been a constant flow of development in the Triangle area even during this period of a slow economy. He anticipates this will continue. Building Official Blalock described how some inspections take longer—those that require a time test and then there are the times that homeowners need to have questions answered regarding how a project must be done to be approved for an inspection. Finance and Information Technology Director LaFrance continued his review of the PowerPoint slides: - Cost of Service (Slide 9) - Division Expense (Slide 10) Funding issues were the next area reviewed by Finance and Information Technology Director LaFrance: - Funding Questions (Slide 11) Staff requested Council direction regarding whether the Building services should pay for itself through fees. Councilor Buchner said the question she would ask is, "Over the last ten years or so,have the building fees been paying the cost of service..."—what have the fees covered? Finance and Information Technology Director LaFrance responded that what has happened,in general,is that we are required to have a building fund. The building industry is concerned that building fees might have been paying for items other than those that are building-related. We looked at the building fund and verified that building fees have been paying for just building services. The City of Tigard was able to build up some fund reserves and those are being used now to help pay for Building's share of the Accela software system. What we have not been able to say is whether the funding is aligned appropriately to the services provided. As part of the business plan,we need to align those fees so if there are fluctuations we will be able to pay for requests for services in the future with the fees in place. Mayor Dirksen addressed the questions posed by staff: TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 17 of 19 - Does building pay for itself through fees? Answer: Yes,in general—over the long term. Revenues fluctuate and expenses do not. On average,fees would pay for building services. - Funding Alternatives? Answer: In the short-term, there are other departments in a different point in the cycle, so theoretically we would generally see revenue across the board being adequate for expenses across the board. Longer-term funding alternatives are another question. For the short- term,you would need to look at different funds to support each other at different points in the cycle. Funding possibilities should include the use of reserves; otherwise,it will be subsidized by someone else when those reserves are needed. - Should some fees be set below the cost of service? Answer: This would depend. Mayor Dirksen asked if one group would be penalized on a regular basis to subsidize a different group? On the other hand,are you looking at the same people who are paying fees for both things, so it would average out in the end? Finance and Information Technology Director LaFrance responded that the answer is: "Yes." He went on to explain that staff could come back to the City Council with some suggestions of places where there might be some life-safety issues,where we would want to make sure that the inspection is affordable relative to the cost of the improvement being made and relative to the importance of life-safety(i.e.,making sure that a gas hot water heater is appropriately connected to the gas line). Whether this means penalizing commercial over residential—that's part of the policy discussion that is needed once we have the results of the building plan. Fine-tuning would then be needed to come up with what the City Council feels is an appropriate balance. City Manager Prosser asked for clarification from the Mayor. He referred to Mayor Dirksen's statement that building should pay for itself on average. He asked that if we were in a situation where it needs to pull from the General Fund,would the Mayor envision that this would be a loan? Mayor Dirksen said he was thinking in terms of a loan and referred to the private enterprise model. Every small business has issues of cash flow and you generally have an account with a lending institution from which you could borrow money on a regular basis,which is paid back when things are good. Councilor Buchner asked if the fees would be set at a level to provide funding for a reserve account. Finance and Information Technology Director LaFrance said staff is interested in exploring having fees that not only pay for the direct service and overhead but also has a small margin to fund a reserve. Councilor Buchner and Councilor Sherwood said this seemed to be a given conclusion. 9:21:41 PM Finance and Information Technology Director LaFrance continued with the PowerPoint presentation: - Building Fees (Slide 12) - Division Revenue (Slide 13) - Alignment of Expenses and Revenues (Page 14) 9:23:04 PM Finance and Information Technology Director LaFrance reviewed the next steps (Page 15). He recapped that what he heard from Council was: - We are interested in maintaining local control of building services. - We would like to target about 15 inspections per inspector per day. - Building fees should pay for building services in general. It is all right to pursue recommendations about policies for reserves. It is also all right to pursue making recommendations about places where we might to have fees set below the costs with offsetting fees above cost TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 18 of 19 9:24:56 PM Councilor Buchner asked if there was any movement to continue to pursue inspector cross training so there would be the efficiency of being able to perform multiple inspections at one time. Building Official Blalock said cross training is offered to the inspectors. He shared that one inspector is close to receiving his electrical certification. Becoming certified requires extra study time but it is also rewarded with increased certification pay. 9:26:00 PM 10. ADJOURNMENT Motion by Councilor Sherwood, seconded by Councilor Buchner,to adjourn the meeting. The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Council President Wilson Absent Councilor Buchner Yes Councilor Henderson Yes Councilor Sherwood Yes Attest: Catherine Wheatley, City Recorde Mayor, ity�of Tigard Date: -5-, /L-;� (� I:\ADM\CATHY\CCM\2009\090324 final.doc TIGARD CITY COUNCIL/LCRB MINUTES— March 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 19 of 19