City Council Minutes - 03/10/2009 Agenda Item No.
Meeting o z 00
City of Tigard
Tigard Business Minutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE/TIME: March 10, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
STUDY SESSION -At 6:30 p.m. Council President Wilson called the Study Session to order.
Present: Councilor Sherwood Absent: Mayor Dirksen
Council President Wilson
Councilor Buehner
Councilor Henderson
• EXECUTIVE SESSION At 6:31 p.m. City Manager Prosser read the Executive Session citation. The Tigard City
Council entered into an Executive Session to discuss real property transaction negotiations under ORS
192.660(2) (e) and for consultation with counsel concerning legal rights and duties regarding current litigation or
litigation likely to be filed,under ORS 192.660(2) (h). The Executive Session ended at 7:16 p.m.
Councilor Henderson asked when the Assistant Community Development Director position would be filled.
Community Development Director Bunch said he anticipated it would take 3-4 months.
➢ Review of Administrative Items
City Manager Prosser noted that staff is still attempting to get a time set for the Fifth Tuesday meeting at Tigard
High School.
He asked for input on the agenda for the March 31, 2009 meeting with Tualatin City Council and the Tigard-
Tualatin School District. He noted that he and TTSD Superintendent Saxton suggested the finance directors
from each of the three agencies address the economy's affects on their respective organization. He said the
youth grant which funds some City activities would be another topic for discussion.
Items Council suggested were:
• Involving students (science classes)with public outreach regarding the Fanno Creek re-meandering
• Touring Broadway Rose Theater's remodel of the old Charles F.Tigard Elementary School building
City Manager Prosser noted that Mark Dockers of Clean Water Services offered Council and staff a tour of the
Durham Wastewater Treatment Plant. He noted that the Mayor expressed concerns about citizen complaints
about odors coming from the plant. Council expressed interest in this tour. Councilor Sherwood requested that
this be scheduled for some other date than a Council meeting night.
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Assistant City Manager Newton distributed new legislative issues and priorities. She noted that Council will be
receiving this electronically from staff and the language of each bill can be accessed on computer by clicking on
a link.
Council Buchner said she will be covering the Legislative Day on April 1, 2009 for the Mayor. She said she
wanted to discuss transportation issues with Senator Burdick and asked Council to let her know if there is
anything else she should discuss.
City Manager Prosser noted several things in tonight's Council's packet:
• An MSTIP brochure and the MSTIP final stimulus list that Mayor Dirksen received at JPACT
• Council travel guidelines as a reminder for those traveling to Washington,DC
• A letter from Fred Fields'legal firm requesting continuance of the public hearing
• A letter from Sue Beilke with comments on the Fred Fields land use request
City Manager Prosser said if the Fields land use hearing is set over to the March 24, 2009 agenda, the
Transportation Advisory Committee formation consideration will be moved to the Consent Agenda. He said
Community Development Director Bunch will put information on this in Council's Friday packet, including a
resolution and bylaws for their consideration. He requested that any comments be sent back to him as soon as
possible.
➢ Additional Study Session Topics Scheduled after the Business Meeting will include the Council FY 2009-10
Budget and the Review of FY 2009-10 Community Event Funding Requests.
1. BUSINESS MEETING
At 7:34:29 PM Council President Wilson called the meeting of the City Council and Local Contract Review
Board to order. Deputy Recorder Krager called the roll:
Present: Councilor Sherwood
Council President Wilson
Councilor Buchner
Councilor Henderson
Absent: Mayor Dirksen
Also Present: City Manager Prosser
City Attorney Ramis
Assistant City Manager Newton
Community Development Director Bunch
Associate Planner Caines
Senior Management Analyst Barrett
Project Manager Roberts
Deputy City Recorder Krager
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports -None
1.5 Call to Council and Staff for Non-Agenda Items — City Manager Prosser mentioned that there would
be a continuation of the study session at the end of the business meeting.
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2. CITIZEN COMMUNICATION
7:35:58 PM Tigard High School Student Envoy Alexa Kanbergs gave a report on recent activities at Tigard
High School. A copy of her report is on file in the City Recorder's Office. Council President Wilson mentioned
that Council was planning a Fifth Tuesday meeting at Tigard High on March 31,2009.
No one had signed up on the Citizen Communication Sheet. Council President Wilson asked if there was
anyone who wanted to speak on a topic not on the agenda but hadn't signed up yet. There was none.
Council President Wilson asked for any follow-up to previous Citizen Communication. City Manager Prosser
said there wasn't any.
3. 7:37:22 PM CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)
3.1 Approve Council Minutes for January 27,2009
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
Councilor Sherwood motioned to approve the Consent Agenda. Councilor Buchner seconded the motion
approving the consent agenda. All voted in favor.
4. QUASI-JUDICIAL PUBLIC HEARING—FIELDS COMPREHENSIVE PLAN AMENDMENT (CPA)
2008-00008 AND ZONING MAP AMENDMENT ZONE CHANGE (ZON) 2008-00002
(CONTINUED FROM FEBRUARY 24,2009)
7:38:14 PM In response to a question from Council President Wilson on procedures for a continued hearing,
City Attorney Ramis said since procedures were announced at the previous proceeding, they do not need to be
repeated. He said Declarations or Challenges were not necessary unless there had been ex parte contact since
the last meeting. Council indicated no ex parte communication.
Council President Wilson opened the public hearing and asked staff to give a brief recap and present any
additional findings. Associate Planner Caines summarized staff's recommendation to deny the zoning map
amendment. She said findings are that the application is inconsistent with the Tigard Comprehensive Plan
and Policies and inconsistent with Statewide Planning Goal 9.
She said the applicant testified -
• The current designation of Industrial is in violation of Statewide Planning Goal 9;the property is not
suitable for industrial development.
• The surrounding neighborhood has changed to the point that it would support residential zoning.
• The residential designation is more suitable and ensures more efficient use of the property.
Ms. Caines said staff responded to the applicant's testimony in a memo included as Attachment 1 of
tonight's meeting packet. She said after consideration of the applicant's testimony, staff has not changed
their opinion.
In response to a question from Council President Wilson about whether they were familiar with the memo,
Council indicated that they were. He asked if there were any questions of staff and there were none.
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7:41:10 PM Council President Wilson noted that the City had received a request from the applicant for a
continuance. He asked if the applicant wanted to speak. City Attorney Ramis said it would be appropriate
at this time to allow anyone in opposition who has not had an opportunity to testify to do so.
John Frewing, 7110 SW Lola Lane, Tigard, OR said he was here to support the staff report which
recommends denial of the Comprehensive Plan and zoning map changes. He referred to the staff memo
which said that the City has already received a number of complaints about noise from the railroad
switching yard from people who live near Hall Boulevard. He said if this area is made residential, it would
be even closer to the railroad than where the people currently complaining live. Noise is an issue that would
argue against residential development.
He said another comment, which he did not see anywhere in the record, is that Mr. Fields is in possession
of a tree removal permit for at least 900 trees on this site. At the February 24, 2009 meeting there was
representation that one of the attractive features of this site, if zoned residential, is that it's near a natural
area and appropriate use of the natural features on the site would be residential amenities. He said, "If he's
going to remove this considerable number of trees, I think those amenities would suffer substantially. There
is an inconsistency between the request for residential zoning and the removal of the trees. I ask you to
consider that in your deliberations."
7:44:16 PM Council President Wilson asked if there was anyone else who wished to speak in opposition.
City Attorney Ramis said before the opposition testimony ended he wanted to ensure a letter received
March 10, 2009 written to the Mayor and Council from Sue Beilke was entered into the record.
Mr. Ramis also mentioned that the attorney for the applicant, Phil Grillo, sent a letter dated March 5, 2009
requesting a continuation and this was being made part of the record.
City Attorney Ramis said the public hearing would be continued, rather than closed. Council President
Wilson noted that March 24, 2009 was a potential date for continuance. He asked if the applicant wanted to
offer a rebuttal at the continuance date.
Attorney Grillo spoke on behalf of applicant Fred Fields. He said if Council continues the public hearing
until March 24, 2009, their intent is to offer final written rebuttal at that time. He said this would be made
available one week prior in order to keep final oral rebuttal at a minimum and to give Council and staff
enough time for consideration. He did not anticipate submitting additional evidence.
Councilor Buchner moved to continue the hearing on Comprehensive Plan Amendment 2008-0008 and Zone
Change ZCA 2008-00002 to March 24, 2009. Council President Wilson asked if there was any Council
discussion. Councilor Sherwood said she had some questions for the City Attorney and asked if these could be
addressed on March 24. City Attorney Ramis said they could. Councilor Sherwood seconded the motion.
7:47:29 PM The motion passed by a unanimous vote of Council present.
Yes No
Councilor Sherwood x
Council President Wilson x
Councilor Buchner x
Mayor Dirksen -Absent
Councilor Henderson x
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At 7:48 PM Council President Wilson recessed the City Council and called the Local Contract Review Board to
order.
5. LOCAL CONTRACT REVIEW BOARD PUBLIC HEARING - CONTRACT AWARD TO MULTIPLE
VENDORS FOR RE-VEGETATION SERVICES ON VARIOUS CITY PROJECTS
Council President Wilson opened the Public Hearing. City Attorney Ramis asked Council if there was any
conflict of interest that needed declaration. There was none.
Senior Management Analyst Barrett gave the staff report saying the City has the need for re-vegetation services
on various City projects over the next few years. He noted it is more expedient to utilize cooperative
procurement as allowed under ORS 279A.215. Clean Water Services received bids for these services and
included cooperative procurement language in their contracts. Staff is asking to award on-call contracts through
those bids and contracts. Staff has done appropriate notification, leaving a seven-day period open for
comments. They received none.
Council President Wilson asked if the list included all vendors who responded. Mr. Barrett said staff had
reduced the list to those vendors who handle the size of projects the City is anticipating.
7:50:46 PM
Council President Wilson asked for public testimony. No one signed up to speak either for or against, and no
one came forward to speak. Council President Wilson closed the public hearing and asked for the staff
recommendation. Senior Management Analyst Barrett said staff recommends that Council approve the eight
contracts for a total of$345,000 over the next five years.
LCRB Member Sherwood motioned to accept the staff's recommendation for these contractors for the
2008-09 through 2013-14. LCRB Member Buchner seconded the motion and the motion passed
unanimously by a vote of all LCRB members present
Yes No
LCRB Member Sherwood x
LCRB Member Wilson x
LCRB Member Buehner x
LCRB Member Dirksen -Absent
LCRB Member Henderson x
At 7:51 PM Council President Wilson adjourned the Local Contract Review Board and reconvened the City
Council.
6. GRANT EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION
3.50 FOR THREE NON-PROFIT LOW INCOME HOUSING PROJECTS OWNED AND OPERATED
BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH) AND ONE HOUSING
PROJECT THAT IS OPERATED BY TUALATIN VALLEY HOUSING PARTNERS (TVHP)
City Manager Prosser said the City of Tigard may grant exemption from property taxes under certain
cl
conditions. 7:52:40 PM He said the organizations asking for the exemptions are the primary providers of low
income housing in the Tigard area. State statutes and the Tigard Municipal Code require the applicants to
obtain approval from taxing agencies that account for 51% of property tax bill that they would otherwise be
paying. He said Tigard considers this annually,giving City Council an opportunity to review with the operators
TIGARD CITY COUNCIL/LCRB Minutes — March 10, 2009
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of these properties any problems or issues that have arisen. He said these are responsible operators and the
City has not experienced any problems with the properties recently.
Senior Management Analyst Barrett said that based on the City's tax rate, which includes the General
Obligation Bond Levy for the Library, the amount that would be exempt from taxes is $23,000. He explained
the total tax exemption amount of $132,800 includes tax exemptions from Washington County, the Tigard-
Tualatin School District,and Tualatin Valley Fire&Rescue (TVF&R).
Associate Planner Roberts said the school district supports this tax exemption because stable housing is
provided for low-income students and they also provide homework help for the families. During the summer
they hire certified teachers to tutor on-site at the housing projects.
Councilor Sherwood said she supported these housing projects and said Tigard on the forefront in Washington
County for providing affordable housing. She said the tax abatement assists in keeping these units affordable
and helps owners keep up the properties.
Council President Wilson said it is helpful to the City to have responsible operators of low-income housing. He
said the $23,000 would pay for only a portion of a police officer's salary. Having good operators alleviates the
problems that otherwise would require the police handling calls to these properties. He said this is a good use
of taxpayer's money.
RESOLUTION NO. 09-13 - GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD
MUNICIPAL CODE SECTION 3.50 FOR THREE NON-PROFIT, LOW INCOME HOUSING PROJECTS
OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH) AND
ONE HOUSING PROJECT THAT IS OPERATED BY TUALATIN VALLEY HOUSING PARTNERS (-f VHP)
7:57:21 PM Councilor Sherwood moved to approve Resolution No. 09-13. Councilor Buchner seconded the
motion and the motion was approved by a majority of Council present.
Yes No
Councilor Sherwood x
Council President Wilson x
Councilor Buchner x
Mayor Dirksen -Absent
Councilor Henderson x
7. COUNCIL LIAISON REPORTS -None
8. NON-AGENDA ITEMS-None
7:58:33 PM Council President Wilson recessed the Business Meeting. Council went into the Red Rock Creek
Conference Room for the continuation of the Study Session. City Manager Prosser advised that Council would be
adjourning from the Study Session.
CONTINUATION OF STUDY SESSION
➢ Review of Proposed City Council Budget-
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Assistant City Manager Newton led a discussion on the proposed City Council 2009-10 Budget, highlighting the
following:
• The Mayor's stipend is not included. His report to Council is due March 24,2009 and any stipend and a
resolution approving it will be scheduled for a future Council date prior to going before the Budget
Committee.
• Funds for a high-capacity transportation consultant are included.
• City Attorney charges showed an increase due to shifting more charges into the Council budget from the
City Administration budget,more truly reflecting where the money is spent.
• City Council training has risen to $4,000 per Councilor,up from$3,000.
City Manager Prosser noted that the Mayor is doing more official travel now and$4,000 may not be adequate.
Councilor Sherwood said she recommended increasing the Mayor's travel. Council President Wilson agreed but
added that the other Council amounts should decrease. He said that during the stipend discussions it was agreed
that the Mayor would shoulder more of the load,and it seemed appropriate that while his travel goes up,the other
Council members' should decrease.
City Manager Prosser gave a recap on money Council spent for travel so far this year: Mayor Dirksen spent$3,400;
Councilor Buchner will spend$6,200,the total for Councilors Henderson and Woodruff(in office until 12/31/08)
will be about$3,800 and Councilor Sherwood has spent$400. Council President Wilson has not spent any travel
money. City Manager Prosser said, "We are probably looking at$3,800 as an average per Councilor." Councilor
Sherwood said she recommends bumping the Mayor's budgeted travel amount to$9,000 and reducing the other
councilors'amounts to $3,800.
There were no changes in the Membership line item. Councilor Sherwood asked why the VAN (Vision Action
Network) and Westside Economic Alliance were being charged to Council's budget. Council President Wilson said
the Mayor is on the Westside Economic Alliance and suggested leaving them both in. City Manager Prosser said
these memberships fit best in the Council membership category rather than any other City department.
Councilor Henderson asked why the total amount of the Council budget over the past few years rose from
$141,000 to $232,000. City Manager Prosser said the Mayor's stipend was added as well as more of the City
Attorney charges.
Assistant City Manager Newton said Council's budget is under Policy and Legislation and is its own program. She
said staff will be closely monitoring it so Council doesn't go over budget. City Manager Prosser said the Budget
Committee meetings start on April 27,2009.
➢ 8:15 PM Review of 2009-10 Community Event Funding Requests
City Manager Prosser said Community Event and Social Services Requests come in every year and are considered as
the budget is prepared. A separate subcommittee of the Budget Committee examines the social services requests
make recommendations. He said for the past several years Council discusses the Community Event funding
requests and makes the decision about what should be budgeted for each.
Senior Management Analyst Barrett said the City received $80,100 in requests this year which is in addition to
$68,600 of in-kind support (Police and Public Works) requested from the City for the Balloon Festival. Of that
amount,there is $27,500 in set-asides for Broadway Rose Theater,Balloon Festival and the Tigard Fourth of July.
Councilor Henderson abstained from this discussion due to his connection with the Tigard Farmer's Market.
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Council discussed the community event requests and awarded the following grants:
Broadway Rose 10,000
Festival of the Balloons 15,000
Tigard 4`''of July 11,500
Atfalati Rec. District 5,000
Potso Dog Park 400
Farmer's Market 8,500
Tigard High Graduation Party 2,000
Tigard Historical Assn. 1,500
Chamber of Commerce 2,000 (All for Happy&Safe Halloween on Main Street)
Tualatin Riverkeepers 2,000
Tualatin Valley Comm. Band 2,000
59,900
Tigard Chamber of Commerce requested money for three different grants but Council decided to give$2,000 for
the Halloween event only,as the two other requests (Shining Stars scholarships and reducing room rental and
cleanup costs for aid organizations) did not qualify as "events."Tigard Playschool's request was not granted because
their Stunner Camps did not meet the community event criteria.
Council Sherwood recommended keeping the remainder of the money in reserve for items that might arise during
the year. Senior Management Analyst Barrett said the City saved$1,000 last year which was used for the tree
lighting ceremony in December,2008.
➢ ADJOURNMENT
Councilor Buehner moved for adjournment at 8:28 PM. Councilor Sherwood seconded the motion and all voted in
favor.
Yes No
Councilor Sherwood x
Council President Wilson x
Councilor Buchner x
Mayor Dirksen -Absent
Councilor Henderson x
Carol A. Krager,Deputy City Recorder
Attest:
Councresident, City of Tigar
Date:
L•\ADM\Cathy\CCM\2009\090310 business.doc
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