City Council Minutes - 06/09/2009 Agenda Item No.
.Meeting of !'1 59
City of Tigard
iaid us* 'ee Minutes
TIGARD CITY CC}IJNcii-,LOCAL CONTRACT REVIEw BO (LC
CITY CENTER DEVELOPMENT AGENCY(CCA)
MEETING DATE/TIME: June 9, 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
Magor Dirksen called the meeting to order at 6:30 p.m.
Ljame Present Absent
Mayor Dirksen
Council President Milson
Councilor Buehner ✓
Councilor Henderson
Councilor Webb '
Staff present City Manager Prosser,Assistant City Manager Newton,Community Development Director Bunch,
Plar*g Manager Bewersdorff,Human Resources Director Zodrow,Engineering Manager McMillan,City
Attorney RAmis,Labor Attorney Dam,City Recorder Wheatley
STUDY SESSION
Track 2
Review Fifth Tuesday.Alternatives
City Recorder Wheatley introduced this discussion topic; During the Council Goal Setting Meeting for
the Council's 2009 Goals,Council members also created a list of tasks. One of the tasks was to consider
alternatives for Fifth Tuesday meetings. Background information on the history of the Fifth Tuesday
meetings is on file in the Council meeting packet. Council decided to hold a Fifth Tuesday meeting on
June 30, 2009, until it can have the discussion on whether to continue holding these sessions or to try
something new.
Council discussion included the following.
o Current status of a typical Fifth.Tuesday meeting:
® Meetings are not well attended.
• The few who attend are regular attendees,
• People stay for the entire session even if their"piece" takes five minutes or less.
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Is the citizen communication section on the regular City Council agenda adequate or are
people intimidated to testify before the City Council during this type of venue.
• Other alternatives discussed:
• Change the format of the Fifth Tuesday meetings; i.e., have people submit questions in
advance allowing the City Council to do some preparation and eliminate those who attend to
air spontaneous issues.
• Reviewed the Mayor's Est (contained in the packet materials); i.e., holding "coffees";
developing a forum for Town Hall meetings.
• "Coffees" were explained by the Mayor. Let it be known that the Mayor and a City Council
member will be at a certain coffee shop at a certain date and time.
• Assistant City Manager Newton noted three Neighborhoods would be having annual
meetings this week. She suggested perhaps one or two City Council members might attend
(no quorum) to talk to those who attend the neighborhood meetings. Mayor Dirksen said
he would like to be at these neighborhood meetings as a rule.
• Hold a Town Hall two times a year and have Senator Burdick and Representative Galizio
also attend so City and State issues can be discussed. Mayor Dirksen advised that when our
legislators hold Town Halls in Tigard, the City Council is also invited to take part A County
representative could also be invited.
• Council discussion and consensus:
• Citizens are emailing City Council when there are concerns and issues are resolved.
® Hold a coffee (on a Fifth Tuesday night) and a Town Hall a couple of times a year (no
quorum). These will be scheduled so they are occurring approximately each quarter.
® Attend a meeting of each of the neighborhood networks one-time a year (no quorum).
• Mayor Dirksen encouraged the City Council members to attend the City booth at the
Balloon Festival to meet people.
MLC Prescription Card Program
Assistant City Manager Newton reviewed this item with the City Council. Information was received by
the City Council and is in the meeting packet material. (Memorandum dated May 19,2009, from Joanne
Bengtson to the Honorable Mayor and City Councilors)
Track 3
Assistant City Manager Newton advised that staff thinks the City should try this program and evaluate it
in six months. Council consensus was to proceed with a trial period.
• Administrative Items Review
City Manager Prosser reviewed upcoming events on the Councils calendar.
City Manager Prosser reviewed information pertaining to tonight's business meeting:
• Agenda Item No. 4— Senator Burdick and Representative Galizio are unable to attend; this item
will be deleted.
• Consent Agenda Items 3.6 and 3.8, relating to the urbanization forum resolution, will be
removed from the Consent Agenda for separate consideration. The resolution was revised
several times; the most recent version was distributed to the City Council. City Manager Prosser
confirmed that the City of Banks should be named within the text of the resolution.-
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• Budga-related documents v4ere distributed to the City Council, I
• A revised ordinance was distributed to the City Council relating the to the Fields Comprehensive
Plan amendment. City Attorney Ramis advised the changes were not substantive (grammatical
changes and the substitution of numbers to provide information that is more accurate).
EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:55 p.m. under ORS
192.660(2) (a) (d) and (e) to discuss employment of public officers, employees and agents, discuss labor
negotiations and real property transaction negotiations.
Executive Session concluded at 7:29 pm. (Note: The Executive Session resumed after the Business meeting
at 9:30 pm.)
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council, Local Contract Review Board, and City Center Development
Agency to order at 7:38:26 PM
1.2 Roll Call:
Name Present Absent
Mayor Dirksen
Council President Wilson
Councilor Buchner
Councilor Henderson
Coundlor Webb
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports
7:39:21 PM
Mayor Dirksen advised that two weeks ago he participated in the joint Policy Advisory Committee on
Transportation OPACT) retreat where potential and recommended funding sources and revenue
assumptions for future transportation projects were discussed, As a result,Metro has recommended to
revise the Regional Transportation Plan. This was revision was reviewed on Monday by the
Washington County Coordinating Committee. JPACT will be meeting again and will be requested to
vote on some of these recommendations. Mayor Dirksen said he wanted to make the City Council
aware of some of the issues for consideration and response. Mayor Ditksen outlined some of the
issues:
Funding sources —
• Recommendation that there be the equivalent of a one-half cent per year increase in the gas tax to
continue for about ten years.
• Discussion that all cities and counties should consider a street utility fee similar to the one that the
City of Tigard has to provide local and county revenues for street maintenance. This would free-up
funding for capital projects.
• Recommendation that all local governments should institute a local System Development Charge to
cover funding for local road improvements. The County's SDC will be only for roads that are of
County significance.
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• Recommendation that the vehicle registration fee continues at about $2 per year and that counties
consider increasing or instituting their own vehicle registration fee.
• Discussion of the appropriateness of tolling. The conclusion was that we should consider tolling
on new construction. It was not appropriate to place tolls on existing structures or in existing
highways.
• Recommendation that the payroll tax, considered by Metro,needs to increase for transit operations
and maintenance.
• Recommendation that 60 percent of the payroll tax increase should go toward high-capacity transit
and 40 percent to go toward frequent bus or local bus route improvements.
• Would like to see for high-capacity transit federal and local matching sources at least 60 percent
come from a federal source. There was a suggestion that if high-capacity transit was going to be the
new focus of the Federal Transportation System,we should lobby the federal government to return
to the focus it had in the 50's and 60's when the federal government provided up to 90 percent of
the funding for the interstate highway system.
The above recommendations will be considered by JPACT on June 11, 2009. Mayor Dirksen
distributed an agenda for the June 11 JPACT meeting and reviewed items for consideration.
Mayor Dirksen advised that at the Washington County Coordinating Committee the funding resources
identified were based on what was felt to be economically and politically feasible rather than what was
actually going to be needed. There is in excess of$2 billion in highway construction/expansion needs
now;however,the WCCC could see no way to come up with those kinds of funds.
Mayor Dirksen said he would appreciate feedback and comments from the rest of the City Council
members.
1.5 Call to Council and Staff for Non-Agenda Items: None
7:48:41 PM
2. CMZEN COMMUNICATION
)>. Citizen Communication
Bob Simonyi and Randy Richardson, 7060 SW Beveland Road,Tigard, OR 97223 testified. Mr. Simonyi
referenced written testimony,which is on file in the City Recorder's office. His testimony included:
• Their property on SW Beveland located in the Tigard Triangle was purchased in 1999. The property
was listed by the realtor as commercial and was purchased by them with a commercial loan.
• In March 2008, they received a letter from the City stating they were in violation of City Code because
they converted a residential building to commercial use without going through the required permit
process. The City advised that City records showed the only use for this property was residential. The
current property owners did not convert the property.
• He reviewed what the City was requiring and the history of discussions on the scope of work and a
possible reduction in the amount of work that would be required. The cost of the work required was
estimated by the property owners to be about$300,000.
• The property owners advise there are no customers visiting their site and they have very little employee
traffic.
• On April 2,2008,the property owners received a second voluntary compliance agreement from the City
with a letter that said they had to have a review in by June 1,2008 or vacate by July 1,2008.
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a The property owners hired an attomey to communicate with die City. Rough proportionality and the
taking of their property were questioned. No response was received from the City.
a In May 2008, the property owners received a letter from the City with a final voluntary compliance
agreement that said the case had already been reviewed by Code Enforcement. Three violations were
listed dating back to March 3,2008.
o The property owners did not sign anything since their basic questions were not being answered.
o The property owners attempted to get some discovery from the City, including the City'sanalysis of the
rough proportionality test. They were told by the City that there was no case pending against them, so
no discovery was needed. At this point all communication stopped and the property owners said they
thought"it was over.:"
• In October, the property owners received their first fonnal citation from the City alleging three
violations at$250;per day per violation dating back to March 3 for a total of more than $260,000. The
property owners said this was their first notice of a fine.
o The property owners hired a second architect to do some work and the architect talked to Albert Shields
of City Staff. The architect had a verbal agreement with Mr: Shields that they could develop only one
street and wait for formation of a Local Improvement District for the other street.
• The City changed its hind and told the property owners they would have to develop both streets, give
up their property,and pay all the fines.
O After the formal violation charge, the property owners pressed the City for more discovery and found
out that at the time the City charged them with converting the residential property,it knew they did no
such thing. The property owners learned that in 1991,the City granted commercial use to the seller and
acknowledged that the property had been converted to commercial use long before.
o In 1997, the issue resurfaced and the City reaffirmed to the sellers that the property had been converted
to business use and could continue as a commercial use.: (Reference: November 10, 1997 letter from
Julia Powell Hajduk, Associate Planner, to Velma Zeek. This letter is on file in the City Recorder's
office.)
o The property owners said they are appearing before the City Council tonight to plea for help. They do
not understand why the City keeps promising one thing only to negate it in the future. They are asking
some basic questions about rough proportionality and the taking of land and ,getting no response from
the City. They have been trying to work with the City and do not understand how they can receive a
first fine notice of$260,000. They are a small business and cannot afford $300,000 in improvements
and an unwarranted $260,000+ in fines. The property owners have spent`a lot of time and money on
site development reviews and legal fees only to be rejected every time. These costs would clearly put
thein out of business. They bought a piece of property 11 years ago that the City knew was converted
to commercial use long before they bought it. The allegations and fines should be dropped..
Council President Wilson commented on this type of situation and where there might be some confusion.
The property was rezoned corninercial when the Tigard Triangle Plan went into effect. The change of use
is a different thing. Itis not just a matter of what the property is zoned; it is what the use was versus how it
is changing. Council President Nilson said that if, in fact, the property owners have documentation
showing the property was an approved similar use before, then perhaps it is just a matter of looking at the
record.
Mr. Richardson said they do not understand why the City Attorney will not respond to them and they are
being pressed into going to court.
City Manager Prosser advised that Cormnuivty Development Director Bunch is present. He suggested that
Mr. Bunch meet with these gentlemen now to begin a review. City Manager Prosser said staff will look
into this,sort out the facts, and report to the City Council.
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Mayor Dirksen advised the property owners that the goal is to make sure the right things are done to resolve
the situation.. He said it appears that what is needed is to have all of the participants in the same room at the
sane time.
Councilor Webb advised tlie City Council will hear about the status of this matter.
7:57:08 PM
> Luanne Tbielke, 15691 SW Summerfield Lane, Tigard, OR: 97224, testified regarding cell phone towers.
She submitted for the Council's review 24 photographs of cell tower sites in the City of Tigard along with
information illustrating how to camouflage unsightly communication towers. These documents are on file
in the City Recorder's office. Ms. Tllielke said she talked to a City of Tigard staff member who advised the
City camouflages cell towers and referred to the tower on Canterbury Lane at 100 Avenue. Photo leo. 1
submitted by Ms.Tliielke shows this site,she said,"that camouflage is a joke...it's horrible."
Ms. Thielke referred to the literature from some California communities about successful camouflage
solutions. This literature is on file in the City Recorder's office. She urged City Council and staff to pursue
this so our City is"not a bunch of cell towers."
Mayor Dirksen mentioned that cost would be of consideration. Ms. Thielke said the California
comninunities pay for the camouflage through fees and development charges.
In response to a question from Mayer Dirksen,the Council members agreed to have staff research costs and
determine what processes might be available make this work better. Mayor Dirksen said he believed that
the cell tower on Canterbury was an experiment rather than a"successful job."
8:02:18 PM
,.Pavel Goberman, P. 0. Box 1664, Beaverton, OR 97075 signed in to speak regarding a complaint against
the Oregon State Bar. Mayor Dirksen advised Mr. Goberman that the City Council received information
previously on the issue Mr. Goberman indicated he wanted to address. Mayor Dirksen advised Mr.
Goberman he would be allowed two ininutes to address the City Council. Mr. Goberman said the Oregon
State Bar's office is located in Tigard and the City issued a business license to this organization.
Mr. Goberman advised he will be a candidate for the US Senate in 2010.
. Goberinan spoke about the Columbia River Crossing project and his concerns about haw fliis can be
funded.
Mr. Goberman referred to his complaints against the Bar. Information regarding some of his concerns is
referenced in written material prepared by hum;this material is on file in the City Recorder's office.
Councilor Bu finer advised Mr. Gobennan that the Oregon State Bar is a state organization, governed by
state statute. Cities have absolutely no authority over the Bar or similar licensing agencies. Mr. Goberman
contended that City of Tigard has an interest because the Bar's office is located within the City.
$:017:21 PM
Follow-up to Previous Citizen Communication: None
TIGARD CITY CO CII..,/LC /CCNU'D'ES —June 9, 2009
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8:07:19 PM
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA
3.1 Approve City Council Minutes for April 7 and 21,2009
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
c. Notes from May 6, 2009 Mid-Point Review of 99W Corridor Long Range High Capacity Transit
Design Vision with University of Oregon Graduate Students
3.3 Authorize Nature in Neighborhoods Grant—Resolution No. 09-31
A RESOLUTION AUTHORIZING THE SUBMISSION OF A METRO NATURE IN
NEIGHBORHOODS CAPITAL GRANT APPLICATION TO PARTIALLY FUND
ACQUISITION OF THE SUMMER CREEK PROPERTY.
3.4 Authorize Watershed Enhancement Board Grant—Resolution No. 09-32
A RESOLUTION AUTHORIZING THE SUBMISSION OF AN OREGON WATERSHED
ENHANCEMENT BOARD GRANT APPLICATION TO PARTIALLY FUND ACQUISITION
OF THE SUMMER CREEK PROPERTY
3.5 Approve a Supplemental Budget via Budget Amendment #9 to Increase Appropriations in the Urban
Services Fund to Allow Transfer of the Fund to Washington County—Resolution No.09--33
A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET VIA BUDGET AMENDMENT
#9 TO THE FY 2008-09 BUDGET TO INCREASE APPROPRIATIONS IN THE URBAN
SERVICES FUND TO ALLOW TRANSFER OF THE FUND TO WASHINGTON COUNTY
Rent 3.6 irwovedfiwvi the ConsentA
,gendajor soarate&scimion;see below.
;3.6 Apptove Budget Aineadmeet#40 fet Utbanization Feram ResehvdmNe.09,
3.7 Approve Budget Amendment #11 Transferting $40,000 from the Gas Tax Fund Contingency to
Community Development program to pay for Unanticipated Street Light and Signal Expenditures —
Resolution No. 09-34
A RESOLUTION APPROVING BUDGET AMENDMENT#11 TO THE FY 2008-09 BUDGET
TRANSFERRING $40,000 FROM GAS TAX FUND CONTINGENCY TO THE COMMUNITY
DEVELOPMENT PROGRAM TO PAY FOR UNANTICIPATED EXPENDITURES FOR
STREET LIGHTS AND SIGNALS
ftenj 3.8 unloved from the Consent A
,geiidajor soarate discunion;see below.
3.8 ApprowR-eselefieni-egarding3�kshiVenG:e"UibtaiftdeeFei-am p1ceseIttfieft:N . 09
3.9 Approve Request to Use Abandoned Rail Corridor for Trail—Resolution No. 09-35
A RESOLUTION OF THE TIG ARD CITY COUNCIL AUTHORIZING THE FILING OF AN
OFFICIAL REQUEST, INCLUDING A STATEMENT OF WILLINGNESS TO ACCEPT FULL
TIG ARD C11Y COUNCIL/LCRB/CCDA MINUTES—June 9, 2009
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FINANCIAL RESPONSIBILLT'Y, TO THE FEDERAL SURFACE TRANSPORTATION
BOARD TO USE AN ABANDONED RAIL LINE FOR A TRAIL
3.10 Consider Naming Fanno Creek House-Resolution No. 09-36
A RESOLUTION NAMING THE CITY-OWNED RESIDENCE AND PROPERTY AT 13335
SW HALL BOULEVARD AS THE"FAQ.NO CREEK HOUSE"
3.11 Authorize Collection of Washington County Transportation Development Tax-Resolution
No.09-37
A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO COLLECT AND
ADMINISTER THE COUNTYWIDE TRANSPORTATION DEVELOPMENT TAX.
3.12 Approve Intergovernmental Agreement with the cities of Sherwood and Cornelius regarding ARRA
Pavement Preservation-Resolution No. 09-38
A RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH THE
CITIES OF CORNELIUS AND SHERWOOD TO COMBINE THE THREE INDIVIDUAL
PROJECTS FUNDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA) INTO A SINGLE PROJECT FOR A MORE STREAMLINED PROCUREMENT
PROCESS AND GREATER ECONOMIES OF SCALE
3.13 Approve Letter of Support for TriMees Westside Express Service S) Horn Noise Waiver Request
to the Federal Railroad Administration ) ,-Resolution No.09-39
A RESOLUTION OF THE CITY COUNCIL EXPRESSING SUPPORT ICOR TRIMET'S
WESTSIDE EXPRESS SERVICE S) HORN NOISE WAIVER REQUEST TO THE
FEDERAL RAILROAD ADMINISTRATION )
3.14 Local Contract Review Board.
Award a Contract for Water System Development Master Plan
Motion by Council President Wilson, seconded by Councilor Webb,to approve the Consent Agenda,with Item
Nos. 3.6 and 3.8 removed for separate discussion and consideration.
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Council President Wilson "Yes
Councilor Buelmer Yes
Councilor Henderson Yes
Councilor Webb Yes
8:09:50 PM
Tlie follazvzzzg items avers rvnisved fivvi theomentA etida for se
jiarute Coujial discursaazz cznd cry sidezaizrxzz:
3.8 Approve Resolution regarding Washington County Urbanization Forum-Resolution No.09-40
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Mayor Dirksen advised that dieCity of Tigard took part in a countywide urbanization forum. This
agenda item has to do with approving the final resolution.
8:10:15 PM
Assistant City Manager Newton summarized the matter before the City Council. The proposed
resolution is to support the work of the Urbanization Forum and to commit and undertake and
complete the specific actions recommended at the earliest possible time. She said this process that
began and concluded in 2008. The resolution has language regarding how the County will move
forward with looking at ways to provide services to urban unincorporated areas and urban expansion
areas. Assistant City Manager Newton advised there have been recent changes to the resolution. The
most recent version was provided to the City Council today,which adds a comment in Section 1,No. 2
— "The provisions of the resolution also apply to the land south of the City of Tualatin and north of
Wilsonville brought into the Urban Growth Boundary in 2002 and 2004." The City of Tigard added
language that was picked up by the Steering Committee that talks about urbanization policy and the
ability of the County to find funding and legislative remedies for providing services in urbanized
unincorporated areas. The City of Tigard said we would support this language if the funds were
assessed or paid for by the people who were being provided the services and would not impact people
in cities that also live in the County.
Councilor Webb pointed out that the City of Banks had been left out the resolution and was added to
the most recent version of the resolution.
Mayor Dirksen said over the last 20 years there has been less than complete satisfaction with the way
urban expansion and planning for new areas in the Urban Growth Boundary has been done. In an
effort on the part of the County and the cities within the County to determine how this could be done
better in the future and resolve some issues regarding areas that have been urbanized, this long process
was embarked upon. There were many compromises. The result is at least better than what we had
previously, This same resolution is being considered by every city and special district that took part in
the foram as well as the County.
Assistant City Manager Newton also noted the Council discussed this matter at length on April 21,
2009.
Motion by Councilor Buchner, seconded by Council President Wilson to adopt Resolution No. 09-40,
noting that the City of Banks should be added to Section 1 on Page 2.
RESOLUTION NO. 09-40 -- A RESOLUTION OF THE TIG ARD CITY COUNCIL IN
SUPPORT OF THE WORK OF THE URBANIZATION FORUM AND A COMMITMENT TO
UNDERTAKE AND COMPLETE THE SPECIFIC ACTIONS RECOMMENDED AT THE
EARLIEST POSSIBLE TIME
The motion was approved by a unanimous vote of City Council present
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
TIG ARD CITY COUNCIL/LCRB/CCDA MINUTES -June 9, 2009
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8:14:26 PM
3.6 Approve Budget Amendment#10 for Urbanization Forum—Resolution No. 09-41
Finance and Information Services Director LaFrance introduced this agenda item.There was shared
cost for the moderation of the Forum. The City ofTigard's share is$9,915. This was not a budgeted
item;therefore,the proposed resolution will appropriate thesefunds from General Fund Contingency
into the CommunityDevelopment Program.
Motion by Councilor Buchner, seconded by Councilor Webb,to approved Resolution No. 09-41.
A RESOLUTION APPROVING'BUDGET AMENDMENT#10 TO THE FY 2008-09 BUDGET
TRANSFERRING $9,915 FROM GENERAL FUND CONTINGENCY TO THE COMMUNITY
DEVELOPMENT PROGRAM TO PAY FOR TIG 'S PORTION OF EXPENSES RELATED
TO WASHINGTON COUNTY URBANIZATION FORUM
The motion was approved by a unanimous vote of City Council present
Mayor Dirksen Yes
Council President Wilson. Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
Item No.4 was removed from the Agenda. Senator Burdick and Representative Galizio were unable to attend.
AT V7Tr-A
8.16:48 PM
5. PUBLIC HEARING — CONSIDER A RESOLUTION CERTIFYING THE CITY' PROVIDES
SERVICES QUALIFYING FOR STATE'SI-TARED REVENUES
a. Mayor Dirksen opened the public heating.
b. Summation by Finance & Information Services Department Director LaFrance on the proposed
budget, capital improvement plan,and the lengthy budget process. A copy of the presentation referred
to by Director LaFrance is on file in the City Recorder's office.
If the Budget is adopted tonight,it will be the final action in the consideration of the Budget process for
2009/10.
The long-range forecast was reviewed during Director LaFrance's presentation. For cost savings,non-
represented employees volunteered to forego a cost-of-living increase for Fiscal Year 2009/10.
Represented employees voted to retain the cost-of-living increase and unpaid furlough days are under
negotiation with represented employees. Councilor Webb spoke on behalf of the City Council noting
appreciation for the non-represented employees stepping up and volunteering to forego a cost-of-living
increase this next fiscal year.
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8:38,39 PM
Mayor Dirksen noted, in light of the fact that we just received an overview of the entire budget process, he
invited the Budget Committee members present to testify.
C. Public Testimony:
Budget Committee Chair Snider testified. He said he thought this year's process was very productive
and yielded a lot more discussion, which was a positive step. He said they spent a lot of time
considering questions and issues. He asked for clarification on the net effect of the no C01A to non-
represented employees and the fadough days to represented employees. Finance and Information
Services Director LaFrance said the target to reduce expenditures was $600,000 and was not fully met;
however, a good effort has been made. Chair Snider confirmed this would mean expenditures would
have to be reduced by about an additional$140,000.
8:41:13 PM
Budget Committee Member James said he thinks the budget before the City Council is a fair and
prudent budget with services being kept at a status quo level, which is important given today's
economic climate. He extended thanks to staff for the help provided to the Budget Committee during
the process.
8:41:49 PIuI
Budget Committee Member Goodrich noted he was new to the Budget Committee this year. He
advised he came into the process very concerned about the economy. He commented on the
commitment of the City Council and staff to manage revenues and expenses so they are relatively
balanced. The budget information provided was extremely well organized. The resources and the basis
for recommendations were contained in the handout material$. He acknowledged the assistance of City
Manager Prosser and Finance & Information Services Director LaFtance in areas where he wanted to
do additional research. Committee Member Goodrich said he found he was able to be involved in a
positive way and make meaningful decisions based on fact. He noted Tigard is in a unique situation
with regard to the positive General Fund balance. He was favorably impressed that City Council and
staff had made tough decisions during the middle of last year to reduce staff when it became apparent
that revenues and expenditures were not in balance. This gave him confidence, that City officials have
discipline and commitment. He supports the proposed budget If the economy continues to decline,
he said he was comfortable with the leadership by the City Council and staff that they will continue to
make the tough decisions when needed. When the economy rebounds, the City will be able to take
advantage of the good position it is in.
8-44:25 PM
Mayor Dirksen thanked the Budget Committee Members for their comments. He reaffirmed
comments made earlier by Director LaFrance that having a relatively experienced Budget Committee
allowed more time to address strategic issues to make sure the City, in general, is going in tight
direction.
8:44:53 PM
Councilor Buchner noted her appreciation of the though tfiA well-reasoned comments made by the
citizen members of the Budget Committee. Councilor Webb concurred with Councilor Buchner's
remarks and extended her thanks. Council President Wilson added his thanks as well and referred to
the General Fund balance information. He cited comments made earlier by Councilor Buchner and he
had also been alarmed to see the decline in future years of the ending balance of the General Fund
TIGARD CITY COUNCIL/LCRB/CCDA MINUTE: �une 9, 2009
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when he first started participating in the Budget process. He said he came to realize that the Budget is
an authorization to spend,but we typically do not spend all of the money authorized.
Mayor Dirksen called for testimony regarding the resolution certifying the City provides services
qualifying for state shared revenues. There was none.
d. Finance and Information Service Director LaFrance recommended'that the City Council adopt the
resolution allowing the City to accept state-shared revenues based upon the fact that the City of Tigard
provides four or more:of the services required by the State to accept these revenues.
C. Council.Discussion: None
f. Mayor Dirksen closed the public hearing.. 8:47:08 PM
g. Council Consideration: Resolution No. 09-42
Motion by Councilor Webb,seconded by Councilor Buehner,to adopt Resolution No. 09-42.
RESOLUTION NO. 09-42—A RESOLUTION CERTIFYING THAT THE CITY 4F TIGARD
PROVIDES SERVICES QUALIFYING FOR STATE SHARE REVENUES
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen Yes
Council President Wilson: Yes
Councilor Buehmr Yes
Councilor Henderson Yes
Councilor Webb Yes
8:47:48 PM
6. PUBLIC HEARING -CONSIDER.A RESOLUTION DECLARING THE CITY'S ELECTION TO
RECEIVE,STATE-SHARED REVENUES
a. Mayor Dirksen opened the public hearing. 8:47:59 P
b. Finance+&Information.Services Director LaFrance recommended that the City Council approve the
proposed resolution allowingthe City to receive state-shared revenues.
C. Public Testimony: None
d. Council Discussion: None
C. Mayor Dirksen closed the public hearing. 8:48:56 PM
f. Council:Consideration: Resolution No. 09-43
Motion by Council President Wilson,seconded by Councilor Webb,to adopt Resolution No.09-43
SOLUTION NO. 09-43—A RESOL.UT'ION DECLARING THE CITY'S ELECTION TO
RECEIVE STATE REVENUES
The motion was approved by a unanimous vote of City Council present:
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Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
8:49:31 PM
7, PUBLIC HEARING-ADOPT CAPITAL IMPROVEMENT PROGRAM(CIP) FOR 2009-2014
a. Mayor Dirksen opened the public hearing. 8:49:34 PM
b. Finance & Information Services Director LaFrance presented the staff report. The CIP followed a
lengthy process that takes place in concert with Budget process, 'fl-ie CIP covers streets, the downtown
area,parks, storm water,water,and facilities. The program is a five-year plan. The projects planned for
2009/10 are included in the proposed Budget. For those projects in the "out years," the forecasted
revenues are in the document to support those items in the CIP.
C. Public Testimony: None
d. Finance&Information Services Director LaFrance recommended the City Council adopt the proposed
Capital Improvement Program for 2009-2014, with the proposed amendments distributed to the City
Council.
e. Council Discussion:
Mayor Dirksen said he expected the CEP to be less than lastypar's; however, the CIP is even less than
anticipated because of a reduction in revenues due partly to the economy. The City is committed to
moving forward,where we can,to provide the improvements that are needed throughout the City.
f. Mayor Dirksen closed the public hearing. 8:51:48 PM
9. Council Consideration:
Motion by Councilor Buelmer, seconded by Council President Wilson, to adopt the 2009-2014 Capital
Improvement Program with the adjustments as recommended by staff.
The motion was approved by a unanimous vote of City Council present
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buelmer Yes
Councilor Henderson Yes
Councilor Webb Yes
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8.52.24 P
8. APPROVE A RESOLUTION ADOPTING CITYWIDE MASTER.FEES AND CHARGES SCHEDULE
—RESOLUTION NO.09-44
a. Senior Management Analyst Barrett presented the staff report. Tigard Municipal Cade 3,32.050 requires.an
annual review of the citywide fees and charges. The master fees and charges schedule contains all of the
updated citywide fees and charges. Staff reviewed the schedule and proposed changes are shown in the
copy the City Council received in the packet material. A number of the changes are simply updates to
current rates in conjunction with CPI, construction cost index, etc., as required by either resolution or the
Municipal Cade. A few small adjustments were recommended to keep Tigard fees in line with actual costs.
A few fees were added such as the transportation development tax. No building fees are included in this
update as staff continues to review the Building activity and associated fees: Findings and a
recommendation regarding new building fees will be coming before the City Council later. The goal is to
raise an additional$250,000 through Building fees,as recommended by the Budget Committee.
b. Council Discussion
Councilor Buehner noted a scrivener error— Page 19 — "annexation." She noted the City Council
approved a resolution extending the moratorium through February 2010.
Councilor Henderson asked for comment from the Finance& Information. Services Director LaFrance
on the traffic impact fee (Page 37). Finance & Information Services Director LaFrance responded that
the transportation impact fee will continue for those developments that have their final approval
recorded already. This will remain in effect for a three-year period. Any new approvals, beginning in
July 2009, will be under the transportation development tax adopted by a vote of Washington County
citizens last November. There will be>a time period where we rujll be collecting both fees as one phases
out and the other phases in. These fees will be accounted for in separate funds as required by the
voters,so we will be able to track.
City Manager Prosser clarified that both the traffic impact fee and the transportation development tax
are County fees. The master fees and charges resolution includes not only those fees that are set and
controlled by the City of Tigard, but includes those fees and charges set by other jurisdictions that the
City collects. City Manager Prosser said this becomes a "one-stop reference document" for staff and
the public and is made available on the City's website. Mayor Dirksen added that the traffic impact fees
collected by the City arekeptby the County. When a City wants to utilize some of those fees, they have
to apply to the Washington County Coordinating Committee for project funding approval. The WCCC
is made up of representatives from the County and all the cities within County. Mayor Dirksen advised
that the WCCC will discuss the implementation of the transportation development tax; that is, should
there be a discount or should the tax be phased in over a period of years.
Finance & Information Services Director LaFrance clarified for Councilor Bueliner that the proposed
resolution does.not include the proposed fees for the Building Division.
c. Council Consideration: Resolution No. 09-44 8:58:46 PILI
Motion by Councilor Webb, seconded by CouncilorBuehner,to approve Resolution No. 09-44.
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RESOLUTION NO. 0 -44—ARE-SOLUTION ADOPTING THE CITYWIDE MASTED.FEES
AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO. 08-30 AND ALL
SUBSEQUENT AMENDMENTS TO DATE
The motion was approved by a unanimous vote of City Council present:
Mayer Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb "des
8:59:39 PM
9. PUBLIC HEARING - CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE
BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND
CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2009-2010
a. Mayor Dirksen opened the public hearing. 8:59:53 PM
b. Finance & Information Services Director LaFrance presented the staff report noting the earlier
presentation regarding the'Budget process. There is one new fund in the Budget—the Transportation
Development Tax. Adoption of the proposed resolution will also pass the ad valorem tax levy, which
concludes the Budget process.
C. Public Testimony
City Manager Prosser advised. the City Council received a,letter of testimony expressing concerns
regarding the Budget from R. Michael Marr, dated June 3,2009.
9:01:22 PM
d. Finance&Information Services Director LaFrance recommended the City Council adopt the FY 2009-
2010 City of Tigard Budget with amendments. Finance&Information Services Director LaFrance,i
response to a question from Councilor Henderson,advised that what is before the City Council is the
Budget Committee approved budget„ which includes the changes recommended by the Budget
Committee. The "technical adjustments" prepared by staff and received by the City Council this
evening are to be included in the City CouncTs'consideration of the adopted Budget.
C. Mayor Dirksen closed the public heating. 9:02:18 PM-
f. Council Consideration:Resolution No. 09-45 with adjustments as recommended by staff
Motion by Council President Wilson,seconded.by Councilor Bu finer to adopt Resolution No. 09-4
with adjustments.
RESOLUTION NO. 09-45—A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE
BUDGET, MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY,
CREATING ONE NEW FUND,AND CLASSIFYING THE LEVY AS PROVIDED BY ORS
310.000(2) FOR FISCAL YEAR 2009-10 WITH TECHNICAL ADJUSTMENTS
RECOMMENDED BY STAFF.
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The motion was approved by a majority vote of City Council present
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Abstained
Councilor Webb -advised she was abstaining from voting as the organization (Good Neighbor Center)
she works for had applied for a grant that might have been included in the Budget. There was
discussion regarding whether Councilor Henderson should abstain as well since he is a Director for the
Farmer's Market. This is an unpaid position; therefore, consensus was that Councilor Henderson
would have no conflict of interest in voting on the proposed budget and his vote remains as"yes."
9:04:23 PM
Motion by Councilor Buchner, seconded by Councilor Council President Wilson,to recess the City Council meeting
and reconvene as the City Center Development Agency.
The motion was approved by a unanimous vote of City Council present
Mayor Dirksen Yes
Council President Wilson yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
e Chair Dirksen called the City Center Development Agency meeting to order. 9:04:44 PM
e Roll Call:
Name Present Absent
Chair Dirksen V/
Board Member Wilson
Board Member Buchner
Board Member Henderson
Board Member Webb
10. APPROVE A RESOLUTION ADOPTING THE FISCAL YEAR 2009-10 BUDGET,MAKING
APPROPRIATIONS,AND IMPOSING AND CATEGORIZING TAXES—CCDA RESOLUTION
NO. 09-02
a. Chair Dirksen opened the public heating. 9:05:27 PM
b. Finance & Information Services Director LaFrance presented the staff report The City Center
Development Agency budget process mirrored the City of Tigard's budget process. The CODA is
comprised of two funds. One fund handles the urban renewal capital improvement projects and the
other fiord is a debt-service fund. The total budget for these two funds combined is $515,551.
C. Public Testimony: None
TIGARD CITY COUP CIL/LCRB/CCDA MINUTES —,dune 9, 2009
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d. Finance&Information Services Director LaFrance recommended the CCDA adopt the budget as
presented.
e. Chair Dirksen closed the public hearing, 9:06:44 PM
f CCDA Consideration:Resolution No. 09-02
Motion by Board Member Webb, seconded by Board Member Buehner to adopt CCDA Resolution
No. 09-02
CITY CENTER DEVELOPMENT AGENCY RESOLUTION NO. 09-02 — A RESOLUTION
ADOPTING THE FISCAL YEAR 2009-10 BUDGET, MAKING APPROPRIATIONS, AND
IMPOSING AND CATEGORIZING TAXES
The motion was approved by a unanimous vote of CCDA Board Members present:
Chair Dirksen Yes
Board Member Wilson Yes
Board Member Buchner Yes
Board Member Henderson Yes
Board Member Webb Yes
Motion by Board Member Wilson,seconded by Board Member Webb,to adjourn the CCDA meeting.
The motion was approved by a unanimous vote of CCDA Board Members present:
Chair Dirksen Yes
Board Member Wilson Yes
Board Member Buehner Yes
Board Member Henderson Yes
Board Member Webb Yes
9:07:50 PM
City Council meeting reconvened.
Name Present Absent
Mayor Dirksen V/
Council President Wilson
Councilor Buehner V,
Councilor Henderson
Councilor Webb
> City Manager Prosser advised this has been a challenging year for the Budget process with the status of the
economy and some of the changes occurring. The City of Tigard was fortunate in getting through the process.
He advised the City of Tigard had a new Finance Director join the team last year. Finance & Information
Services Director LaFrance did a great job. City Manager Prosser noted that Director LaFrance assembled
many new Finance staff members and he thanked the Finance staff for their good work.
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Mayor Dirksen also commented on the,Budget process. The City of Tigard is in relatively good condition
compared to other jurisdictions in the state. Two counties have fired their entire police force. There are a
couple of cities in the Portland metro area that are looking at severe cuts in service because of revenue
reductions. Mayor Dirksen also noted the negative impacts experienced by the Tigard-Tualatin School District
Tigard is able to avoid those kinds of cuts in service this year and this is a testament to a staff that is prudent
and frugal and a City Council that is conservative with our citizens' money. Mayor Dirksen said,
` c we
may not be able to do everything we want to do,we can do the things we need to do."
9:10:28 PM
11. CONSIDERATION OF SECONDHAND DEALER ORDINANCE AMENDMENT
• Police Chief Dickinson and Lieutenant deSully presented the staff report. The last major revision of this
ordinance occurred in 1983. Since that time many things have changed and it has become more of a
regional issue. The revision:
• Updates the language to include references to new electronic technology.
• Takes a regional approach.
Agencies in the region now recognize that when property is stolen and someone tries to sell the
property using either second-hand dealers or pawn shops, there needs to be a way to detect what is
occurring outside of our jurisdiction.
Police Chief Dickinson advised the proposed ordinance was sent to the five pawnshops that do business
in Tigard on a regular basis. Three had no comment and two commented af&matively on the
ordinance.
• Council Discussion
In response to a question from Councilor Buelmer, Lt. deSully advised that All That Glitters is the
primary pawnshop in the City of Tigard. They have several other stores in the tri-county area and these
regulations are similar to what agencies in the region are imposing, All That Glitters is preparing to
tcramp up" to comply with these new regulations.
Police Chief Dickinson advised there are transient second-hand dealers who come in to the area for a
few days to buy precious metals. They will need to comply with the new regulations.
® Council Consideration: Ordinance No. 09-07
Motion by Council President Wilson, seconded by Councilor Webb,to adopt Ordinance No. 09-07.
ORDINANCE NO. 09-07—AN ORDINANCE AMENDING TIG ARD MUNICIPAL CODE,
TMC 7.70,TO UPDATE AND CLARIFY PROCEDURES AND DEFINITIONS
The motion was approved by a unanimous vote of City Council present-
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 9,2009
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9:.15:42 PM
12. ADOPT FINDINGS/APPROVE ORDINANCE: FIELDS COMPREHENSIVE PLAN AMENDMENT
AND ZONING MAI'AMENDMENT (CPA2008-00008 &ZON 008-00002)
• Associate Planner Caines presented the staff report! On March 24, 2009, the City Council public
hearing was closed and the Council deliberated and reached a decision to approve the proposed
amendment, 3-1. The ordinance before the City Council tonight was prepared by staff to adapt the
Comprehensive flan and Zoning Map amendment for applicant Fred Fields. The applicant has
prepared findings,which are attached as Exhibit A of Attachment 1 in the City Council packet material.
Associate Planner Caines advised there are two conditions contained in the ordinance:
1. Per DLCD recommendation—a trip cap of 352-peals pm. taps for the development of the site.
2. Revise the Metro Title 4 Employment and Industrial Area Map — if it is legally required, then the
applicant will be responsible for that.
Associate.Planner Caines said the alternatives before the City Council tonight are:
1. To adapt the ordinance as drafted, or
2. Direct staff to revise the ordinance reflecting any changes the City Council might propose.
• City Attorney Ramis gave remarks to supplement the staff report. It is to be clear that the record is
closed at this point. The City Council is at the stage of deliberating and adopting findings, including a
final carder. The City Council made a decision previously that was tentative to approve the application
subject to seeing findings, which are now before the City Council, The findings for the Council's
consideration are slightly amended from the version that was, originally in the City Council packet,
including some grammatical adjustments and adjustments in numbers and dates. The amendments are
not substantive.
City Attorney Ramis advised that there will be no testimony received tonight because the record is
closed. The complete record of the case is in the room tonight should:the City Council need to refer to
it. A complete list of exhibits is also available. If any piece of information isnot on that exhibit list,it is
not in the record. There may have been some correspondence or emails that came in after the record
was closed and these are not included in the record..
• Council President Wilson asked whether the trip cap would have applied if the zone had remained the
same and the property owners had decided to develop the area as light industrial. Associate Planner
Caines said the trip cap was applied based on the traffic study completed by the applicant. The
Department of Land Conservation and.Development (DLCD) had an issue with the numbers given and
determined the numbers were lower than what could be generated from the site under the R-25zoning.
The cap is based on the lower single-family type of project, which is 352 p.m. peals trips. Council
President Wilson said it is his understanding that industrial zoning generates more traffic. Associate
Planner Caines confirmed that it does generate more traffic. She further explained that the staff analysis
included the conclusion thatevenif there was an issue with some of the traffic counts, that either multi-
family or single-family would still generate less trips than an industrial site.. In response to in inquiry
from Council President Wilson, Associate Planner Caines affirmed that the DLCD decision regarding
the trip cap was based on the Transportation Planning Rule.
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e
Council Consideration: Ordinance No. 09-08
Motion by Councilor Webb, seconded by Councilor Henderson, to adopt Ordinance No. 09-08.
Councilor Buehner noted that since she voted "no" on this zone change previously, she will again be
voting"no" to be consistent with the record.
Council President Wilson said he was not here at the last meeting and reserves the right to vote "either
way.
ORDINANCE NO. 09-08—AN ORDINANCE APPROVING COMPREHENSIVE PLAN
AMENDMENT, CPA2008-00008,AND ZONING MAP AMENDMENT, ZON2008-00002,WITH
CONDITIONS, TO CHANGE THE COMPREHENSIVE PLAN DESIGNATION AND
ZONING MAP CLASSIFICATION FOR ONE LOT TOTALING 24.51 ACRES FROM LIGHT
INDUSTRIAL (I-L) TO MEDIUM-HIGH DENSITY RESIDENTIAL(R-25). BOTH THE
COMPREHENSIVE PLAN MAP AND THE ZONING MAP AMENDMENT ARE SUBJECT TO
CONDITIONS OF APPROVAL,LIMITING THE DEVELOPMENT OF THE SITE TO 352 PM
PEAK-HOUR TRIPS AND REQUIRING REVISION OF THE METRO EMPLOYMENT AND
INDUSTRIAL AREA MAP WITHIN 30 DAYS AFTER THIS DECISION BECOMES FINAL IF
LAWFULLY REQUIRED BY METRO
The motion was approved by a majority vote (3-2) of City Council present.
Mayor Dirksen Yes
Council President Wilson No
Councilor Buelmer No
Councilor Henderson Yes
Councilor Webb Yes
9:24:50 PM
Motion by Councilor Webb,seconded by Councilor Webb, to adjourn the business meeting.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buelmer Yes
Councilor Henderson Yes
Councilor Webb Yes
0 EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:30 p.m. under ORS
192.660(2) (a) to employment of public officers, employees and agents.
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The Executive Session concluded at 9:44 p.m.
CatherineVAeadey, City Recorder
Attest:
Ma , ity of Tigard
Date: l� L
IAADM\CATHY\CCM\2009\090609 fmal.doc
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