City Council Minutes - 10/20/2009 Agenda Item No. 1� Z
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City of Tigard
Tigard Workshop Meeting — Minutes
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TIGARD CITY COUNCIL/CITY CENTER DEVELOPMENT AGENCY(CCDA)
MEETING DATE/TIME: October 20, 2009 — 6:30 p.m. -Workshop Meeting
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
1. WORKSHOP MEETING
1.1 Mayor Dirksen called the City Council to order at 6:30:45 PM
1.2 Deputy City Recorder Krager called the roll:
Present Absent
Councilor Webb x
Council President Wilson x
Councilor Buehner x
Mayor Dirksen x
Councilor Henderson x
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports—None.
1.5 Call to Council and Staff for Non-Agenda Items—None.
2. JOINT MEETING WITH THE BUDGET COMMITTEE FOR UPDATE ON PRIOR AND
CURRENT YEAR BUDGET AND TO SEEK DIRECTION ON NEXT YEAR'S BUDGET
Deputy Recorder Krager called the roll for the Budget Committee Citizen Members:
Present Absent
Budget Committee Member James x
Budget Committee Member Parker x
Budget Committee Member Bailey x
Budget Committee Chair Snider x
Budget Committee Member Struck x
Budget Committee Alternate Goodrich x
Finance and Information Services Director LaFrance thanked the Budget Committee members for attending.
He summarized the agenda:
• Present a brief FY 2008-2009 wrap up (audited numbers are not available yet)
• Discuss State and City Transportation Funding
• Engineering Department Reorganization
• Budget Amendments
• Seek Council direction as staff and the Budget Committee prepare for the next budget cycle
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Assistant Finance Director Smith-Wagar gave a wrap-up of the prior fiscal year. She said the audit has not been
completed but she felt confident the numbers wouldn't be changing much. Since detailed discussion was held
during the budget preparation process, she highlighted some areas where the numbers differ from those
budgeted:
• Parks Capital Fund—ended up with additional expenses due to unfunded projects,will need to
adjust but will still end with a negative fund balance, liquidated in the current fiscal year by
transfers.
• Building Fund—the construction slowdown was more extreme that expected. Although steps
were taken to help mitigate the severity, the Building Fund is expected to have a very low fund
balance.
• Facilities Capital Fund — there were unbudgeted expenses associated with the Fanno Creek
House, for example.
Assistant Finance Director Smith-Wagar said staff will come before Council later this fiscal year with a budget
amendment and analysis of why these funds ended up lower than expected. She said overall,the City is
financially where it was expected to be. She asked if Council had any questions. There were none.
Finance and Information Director LaFrance gave the Budget Committee an update on significant changes to
transportation funding that occurred since they last met.
State Transportation M/Gas Tax:
He said the State of Oregon passed a transportation bill,increasing the state gas tax by 6 cents per gallon and
increasing vehicle registration fees. Portions will go to local jurisdictions,generating almost$1 million for
Tigard once fully implemented in 2012. The bill also had language stipulating that local jurisdictions may not
change their gas tax ordinances after September 28,2009. This created an issue for Tigard because the City will
need to make changes to their gas tax ordinance,as projects are identified after the Greenburg/Main/99W
project is completed. Another problem is that Tigard's ordinance also stated that for every dollar of increase
received from a county or state gas tax,Tigard would lower their City collections on a dollar per dollar basis.
He said this is a problem because it would require a change in the local ordinance and any changes are
prohibited. A third issue is that in order to borrow against the Greenburg/Highway 99W intersection project
there needs to be a steady stream of revenue.
He said Council changed Tigard's gas tax ordinance before the September 28 deadline to state that future
projects will be determined by the newly formed Transportation Advisory Committee once the Highway
99W/Greenburg/ Main improvements are paid for. It also means that within Tigard's own gas tax, the City
will benefit from the full amount that the State intended the local jurisdictions to receive.
Councilor Buchner mentioned that the City's financial advisor confirmed it would be difficult to sell bonds with
the provision of the offset and they advised the City to change the ordinance.
Mayor Dirksen said the new legislation made it so the City would not be able to enact the ordinance to sunset
because that would be a change,and no changes would be allowed.
Budget Committee Chair Snider said, "I worry as the citizen Chair of the (Budget) Committee currently and
also as somebody who helped convince the public by writing a pretty scathing letter supporting the gas tax in
the local paper, that we may not be living up to our commitments,and I assume Council considered that."
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City Manager Prosser said Council discussed that once the Greenburg/99W is fully funded we can stop
collecting it,which was the intention of the sunset clause,unless the Transportation Advisory Committee
comes up with other projects they think need to be done.
Budget Committee Chair Snider advised that a discussion needs to be held with the community before another
project is identified to use the local gas tax. He suggested that the City discuss this bill with our local legislators.
City Manager Prosser said City staff and Councilors were very active,visiting our local legislators this year
many times and the state transportation funding package was always discussed. Although a grandfather clause
was requested, the legislature ultimately came up with a law prohibiting any changes in existing ordinances.
Budget Committee Chair Snider suggested that the solution of funding the one project and then stopping it is a
good one.
Burnham Street Project:
Finance and Information Services Director LaFrance noted that the Budget Committee wanted the
Burnham Street bid documents broken into three different options with add/alternates which staff did. He
said bids came in significantly lower than estimated two years ago when the street was designed. He said that
the City will be able to afford to do the Burnham Street improvements with a minimum of borrowing.
Budget Committee Member Bailey asked if the bid for Burnham Street had been awarded. City Manager
Prosser said a decision had been made. He said the engineer's estimate for the Burnham Street Project was $8.4
million and the low bid received was $4.1 for the full project. He said there are sufficient funds to do the entire
project so Council approved a bid award at that level. The groundbreaking for the project was today.
Budget Committee Member Struck asked if the project timeframe would be the same. City Manager Prosser
replied that the City had planned for the project to take 18 months but the contractor awarded the bid, Kodiak
Construction,is estimating that it may be completed as early as six months ahead of schedule.
6:57:13 PM Street Maintenance Fee:
Finance and Information Services Director LaFrance said staff has done a lot of work and there has been
much lengthy outreach on the street maintenance fee. A public hearing is scheduled for December 8 to
consider an ordinance, similar to what was discussed previously with the Budget Committee. He said the
Budget Committee may be familiar with what the citizen's Transportation Financing Task Force proposed and
the proposal is largely the same but Council requested a few changes. He said Council agreed that a goal of a
Pavement Condition Index rating of 70-75 is what the City should aim for to stop further deterioration. After
looking at other funding alternatives they concluded that a street maintenance fee is the best way to fund that.
He said it is roughly a $2.5 million program, with $2.2 million for road surface and $300,000 for right-of-way
maintenance,annually.
He said the fees are increasing but Council wants it to be phased in over three years.
6:59:37 PM Councilor Buchner said, "We didn't start the right-of-way component until the last two years of the
phase-in period."
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Budget Committee Member Bailey asked if having gas tax revenue takes any pressure off the street maintenance
fee requirements.
7:00:15 PM Mayor Dirksen commented that the original intent of the street maintenance fee was to find an
alternative source of funding for maintenance which would free up gas tax dollars for necessary capital projects.
He acknowledged concerns expressed by Budget Committee members that changes were not anticipated in
2002 when this fee was created. He said, "There was no error made;we had agreed at the time we created the
fee that every three to five years,we would reevaluate the fee, based on what we see the next maintenance cycle
requiring and then adjust the fee.We were anticipating the inflation ratio to stay about the same."
7:02:15 PM Budget Committee Member Parker said, "My understanding is that we missed the mark a little bit
and we also changed the way we evaluate the streets at the same time. It got a double hit. I'll meet you in the
middle." Mayor Dirksen agreed that the City did not anticipate how much costs would increase over time.
Budget Committee Member Bailey asked if, given the lower bid just received on the capital project, the City had
lowered their estimates for street maintenance costs. Mayor Dirksen said the estimates are based on the latest
costs received for asphalt.
Council President Wilson responded to Committee Member Parker's comment, saying that the City does have a
more sophisticated way of tracking road condition than it did in 2002.
Budget Committee Member Parker asked if it was possible for the City to use capital money for street
maintenance. Finance and Information Services Director LaFrance said the Budget Committee can make that
recommendation. He said once we pay off Burnham Street in six years,we could look at this.
Mayor Dirksen said another issue is that the federal government is considering a reauthorization of their
transportation package. Once it passes,we have to look at that new package and what it might mean for us and
adjust our financing for capital improvements.
Budget Committee Member Bailey asked if the City could lower street maintenance fees if federal funding comes
in higher than expected. Mayor Dirksen said it could be considered.
7:07:53 PM Councilor Buchner noted that another option is having street lighting costs covered by utility fees
paid by citizens. She noted that was how street lighting was paid for in unincorporated Washington County at
one time. Finance and Information Services Director LaFrance said that annual cost is roughly$550,000.
City Manager Prosser discussed the Engineering Department reorganization. He noted that the Budget
Committee recommended periodic performance audits of City departments and the Police and Library audits
have been completed. Earlier this year an outside review of the Community Development Department,
including Engineering,was completed. The auditor's report found some things are done well but some
changes were recommended. One recommendation was to move most of the Engineering Division to Public
Works from Community Development. This has been completed. The audit also found that the Capital
Improvement Plan (CIP) had a 50% completion rate. He said the City wants to do a better job of estimating
what can reasonably be accomplished. He said the Budget Committee will see a different looking CIP next year.
The review indicated that the City is understaffed within the engineering function. A vacant position in Public
Works was reclassified to Engineer. Overall staffing has not increased at the City.
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7:21:12 PM Finance and Information Services Director LaFrance said there would be an omnibus budget
amendment for fiscal year 08-09 for any clean-up (items coded to wrong account) but the major focus is the
reorganization of the Engineering Department. He is considering moving revenue (block grant) and the ARRA
stimulus money from Community Development to Public Works. City Manager Prosser said$1.3 million in
ARRA funds for street maintenance will help buy time as increases to the street maintenance fee have been
under discussion. Stimulus money was also received for the 10 million-gallon water reservoir.
Finance and Information Services Director LaFrance sought the Budget Committee's input on the next budget
cycle process. He said staff proposed a goal to adopt the City's budget at end of May. He asked about location
and meeting night changes—holding Budget Committee meetings in Town Hall on Thursdays.
The Budget Committee thought earlier adoption was fine but want to keep Mondays as their meeting night.
Various locations were discussed and Finance and Information Services Director La France will confirm the
location. They agreed that the format used last year is acceptable.
7:33:08 PM City Manager Prosser said Council meets every year to set goals and is currently looking at
December 22 as the date for a goal setting session. He said input has been sought in the past from boards and
committees so the Budget Committee might want to prepare their input for this session.
At 7:34 PM it was moved by Mayor Dirksen and seconded by Councilor Webb to recess the City Council
meeting and convene the City Center Development Agency(CODA). All members of the CODA and CODA
Budget Committee were present.
3. JOINT MEETING WITH THE CODA BUDGET COMMITTEE FOR UPDATE ON PRIOR AND
CURRENT YEAR CODA BUDGET AND TO SEEK DIRECTION ON NEXT YEAR'S BUDGET
7:36:19 PM Finance and Information Services Director LaFrance said there are no changes to the CODA
budget. The audited numbers for last fiscal year will be available at the next Joint Meeting with the CODA and
CODA Budget Committee. He confirmed that it was the CCDA's desire that the process as presented for the
City's budget could be mirrored by the CODA.
At 7:37 PM Councilor Webb moved to adjourn the CODA and reconvene the City Council. Councilor
Buchner seconded the motion and the motion passed unanimously.
4. WORKSHOP ON DOWNTOWN CODE AMENDMENTS AND DESIGN STANDARDS
CPA 2009-00003
7:38:01 PM Redevelopment Project Manager Farrelly discussed proposed changes to the Development Code
related to the downtown area. He presented a PowerPoint slide show, a copy of which is available in the City
Recorder's office.
He said changes to the Downtown Code were recommended as part of the Tigard Downtown Improvement
Plan (TRIP) to foster the development of a walkable urban village. This was also recommended in the Leland
Consultants development strategy. Design standards encourage all new development to be high quality and
well designed. He said the purpose of this Downtown Code Amendment is to:
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• Rezone the urban renewal district (encompasses all of urban renewal district as well as the Main Street
Village complex,Tigard Senior Center and Fanno Creek House)
• Respond to the market— One zone (Mixed Use-Central Business District) allows wide variety of uses
and provides clear and objective standards. Includes a"safety valve" for project approval.
• Incorporate form based code elements which focus on building orientation and street-facing fagade-
especially on ground floor.
• Respect existing businesses by seeking to reduce creation of additional non-conforming uses and
allowing existing non-conforming development to remain viable.
• Implement the vision of the TDIP - Design standards require pedestrian-scale development and
encourage well-designed higher density transit-oriented development.
Redevelopment Project Manager Farrelly asked Council if there were alternatives or things they would like staff
to re-examine. He noted that this was approved by the Planning Commission last night. The next Council
discussion will be at the November Workshop meeting.
City Manager Prosser asked about the Tigard Christian Church on Hall Blvd. Redevelopment Project Manager
Farrelly said the Comprehensive Plan designation will be revised but it will not be re-zoned.
Councilor Buchner asked if the City can do anything to make sure there is affordable housing as well as
commercial business along the sub-area of Scoffins Street, which is near transit. Redevelopment Project
Manager Farrelly said that was in the Station Area Overlay which has higher density proposed, 80 units per acre.
He noted that the City must reach agreement with ODOT on this but he thought allowing more density would
encourage residential building.
Councilor Henderson asked about the zoning of the Main Street Apartments. Redevelopment Project Manager
Farrelly said it was left out of the current urban renewal area but it is already zoned Central Business District
(CBD-PD). It will be included in the larger re-zoning of the area.
Councilor Henderson asked about the use of traditional architecture rather than modern design as he felt the
illustrated fagade illustrated. He noted that the WES station has modern — not traditional — art, for example.
Redevelopment Project Manager Farrelly said the standards encourage traditional design, but there is
discretionary review by a Design Review Board.
8:04:40 PM Council President Wilson said, "This is the most well researched, heavily evolved code the City has
ever done." He asked if there is anything in the Code that would facilitate the City taking a more aggressive
approach on parking such as requiring a parking lot to span multiple properties. He asked if property owners
could pay a fee in lieu of parking. Redevelopment Project Manager Farrelly said, "Minimums were identified.
We did discuss a fee in lieu of parking and decided against it. The TRIP does call for a parking structure."
8:07:59 PM Councilor Buchner suggested that the City be proactive and investigate requiring openness to
adjacent parcels (in parking lots). Redevelopment Project Manager Farrelly said this is a current requirement
but was not in place when most of the existing properties developed. New development would have to be in
line with that requirement.
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Councilor Buchner suggested asking the high school students in attendance what they wanted to see in
downtown Tigard. They said:
• more shopping
• bike parking and bike lanes.
• Where would the parking be?
Council expressed their appreciation for the work done by staff and the Design Standards sub-committee.
5. 8:14:59 PM WORKSHOP ON URBAN FORESTRY MASTER PLAN
Arborist Prager and Assistant Planner Daniels presented a PowerPoint on the Urban Forestry Master Plan. A
copy is available in the City Recorder's office. The UFMP citizen advisory committee has the following goals
for the Urban Forestry Master Plan:
• Revise Tree Code — less focus on mitigation, more on quality tree preservation and
reforestation
• Revise Landscaping Code — improve street and parking lot tree planting and maintenance
standards
• Protect Tree Groves — develop incentive based program for protecting remaining groves of
native trees
• Develop a Hazard Tree Program—improve emergency response by City for public tree hazards
and grant City authority to ----
• Improve management of City's urban forestry program — develop an inventory and create a
Greenspace Coordinator position.
• Develop an Urban Forest Stewardship Program — provide resources for citizens to better
manage trees on private property, and prevent clearing of lots prior to development activities.
Tree Board Chair Sizemore said the Tree Board supports the UFMP.
Mr.David Walsh said he was the Planning Commission representative to the Tree Board. He said the UFMP is
well done and complimented staff for putting together a well-run Citizen Advisory Committee. He noted the
large amount of public input sought on this. He said, "As far as the Planning Commission—this is a natural
step from the Comprehensive Plan Update." He said a lot of time was spent discussing trees during the
Comprehensive Plan review. He said the Planning Commission wanted to make sure the UFMP reflected the
Comprehensive Plan,and it does. He said the six goals were logical and noted that it was unanimously
approved by the Planning Commission.
Mr.Phil Hicke said he is an arborist and served as a technical member,representing commercial arboriculture.
He voiced support of the UFMP and his professional opinion is that the document is sound, sensible and
scientifically based. He said it represents the best balance of public and private concerns. He summarized by
saying the UFMP conserves Tigard's natural resources and provides for preservation of trees.
8:34:55 PM Councilor Buchner asked about inappropriate street trees. She said she hoped that when the Tree
Code is developed the tree list is examined and there is a recommendation to plant only native trees. She was
Pleased to see that her suggestion about being proactive about dangerous trees was included. She recom-
mended including the State of Oregon's invasive plant list in the Stewardship Program section. She asked
staff if a program could be developed that educates citizens on appropriate plant choices.
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5:41:56 PMMayor Dirksen said, "Our goal is to try and save as many trees as possible; but at the same time,
make sure that property owners can develop their property to the level that they are allowed." He asked, "If
someone meets the goal of preserving as many trees as possible,why should they have to mitigate? We need to
allow development."
Tree Board Member Walsh said there needs to be a detailed discussion at that point — it doesn't need to be
restrictive. Incentives could be allowed.
5:46:29 PM Councilor Buchner suggested a joint Council/Planning Commission meeting for policy discussion
prior to working on the mitigation issue. Mr. Walsh agreed that a policy discussion with the two bodies would
be helpful and recommended that the Tree Board not be involved, saying, "That is not the place for it."
Council President Wilson said the City should identify what the important natural resources are, figure out how
to protect them,and then work as a community to see what we can afford to protect for posterity.
City Manager Prosser suggested that a date for a joint Council/Planning Commission meeting might be the
January 19,2010 Workshop meeting.
6. 8:54:24 PM BRIEFING#3 ON TIGARD TRANSPORTATION SYSTEM PLAN UPDATE
Senior Planner Wyss introduced this item. He gave a brief overview on the status of the Tigard Transportation
Plan Update (TSP). Since August the consultant team has finalized the Needs and Deficiencies Report and a
second public forum was held during Tigard's Family Fest. He said the next step is to develop a list of
recommendations. Staff will edit these preliminary recommendations.
He said the Consultant will complete the initial draft of the updated TSP by the first of December. He
encouraged Council to review the draft document, particularly paying attention to projects recommended for
removal; these are highlighted. Staff also invited Council to meet with them individually and said they'll work
with the City Manager to schedule this as needed.
Councilor Buhner asked Senior Planner Wyss what the citizen committee input was. He responded that their
focus was on smaller pedestrian/bike projects as opposed to flyover ramps on 217,for example.
Mayor Dirksen said he would like to hear from staff how well Tigard's Transportation System Plan meshes
with the Regional Transportation Plan (RTP). He asked if the projects recognized by Tigard as important are
supported in the RTP. Senior Planner Wyss suggested Council look at page 20 to see a comparison of City
projects with the RTP.
Council expressed concern about projects that were removed from the list. Councilor Buchner requested to
give input specifically regarding the suggestion to delete a ramp from the Tigard Triangle to Hunziker Street
(Projects 20 and 29). She said she was concerned about overall transportation issues in the Triangle.
9:04:34 PM Council President Wilson agreed and said the City is now in the middle of 99W projects and is
looking for increased density. He said, "We need to make sure the Plan responds to this.Is there any way to
anticipate light rail and where the best place for that is?We need to critically look at downtown,Tigard
Triangle and other areas before we start removing any projects from the list."
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9:07:37 PM Councilor Buchner asked Senior Planner Wyss to look at the Washington County Transportation
Plan as there were some projects not included in the 2020 plan that were left as "notes." She specifically
mentioned an overpass on 99W at Gaarde/McDonald and also one at Hall Boulevard. She asked Senior
Planner Wyss to get this information for Council.
9:08:58 PM Mayor Dirksen asked where the corridor on 99W was in Figure 5.5 — Transit Service Projects.
Senior Planner Wyss said staff will have the map updated showing a mile-wide corridor. Mayor Dirksen noted
that some bike areas seemed to be out of the city limits and Senior Planner Wyss confirmed that they were.
Mayor Dirksen said it was worth looking at reconfiguring and reorienting streets so bike lanes are adjacent to
the sidewalk rather than in the car travel lane. Senior Planner Wyss said,"We will add this in."
Council President Wilson described his recent experience riding bikes throughout Tigard. He suggested that
off-road bike paths are preferable to cyclists but some of Tigard's off-road bike paths are narrow with random
curves and show neglect. He said trails following waterways are a natural location for bikes because they are
relatively flat and have fewer road crossings. He encouraged improvement and completion of the Fanno Creek
Trail segment and said he wanted to explore a more ambitious and targeted bike system.
Senior Planner Wyss responded that a bike map funded by Metro is currently in development and citizen
volunteers are riding through Tigard to come up with good alternative routes off of the arterials. He said
the City also received a Transportation Growth Management (TGM) grant for studying how to fill in the
trail gaps. He said both projects will get folded into the TSP.
NON AGENDA ITEMS—
9:14:09 PM Councilor Webb said she testified at Washington County in favor of the aquatic district.
Fundraisers have come up with enough money to keep the pools running through July but if the Washington
County Commission does not vote to allow a special district,the school district will close the pools.
Council President Wilson said he attended a recent meeting on funding the pools and thought that the
crux of the problem is the various political entities involved.
9:18:42 PM City Manager Prosser said the meeting discussion focused on exploring utility fees as a vehicle to
pay for the pools. He said the cities of Tigard, Tualatin, Durham and King City could do this but Washington
County would have to take it to the people for a vote. The unincorporated areas are the issue. Do those pool
users pay a user fee that is partially subsidized by the cities or do they pay the actual cost,which would be quite
high? City Manager Prosser said before the cities can consider the use of utility fees they need to see a target
funding amount to come from within the cities'boundaries. He said they cannot calculate anything without this
and have not seen it. He said he will set up a meeting with Tualatin's City Manager this week to discuss pool
funding as Washington County's deadline is October 27,2009.
9:26:21 PM Councilor Webb said it would cost citizens an additional $1.41 to join Tualatin Hills Park &
Recreation District and she did not believe there would be support for this.
Council President Wilson said he is the representative for the Regional Water Providers Consortium and would
like to discuss water conservation and, as he is voting on policies, needs to know what Tigard's needs and
desired direction are. Councilor Buchner said she had been on the Intergovernmental Water Board for many
years and noted that Tigard has more people now but is using less water than ten years ago. City Manager
Prosser said the City's conservation goal is 1%per year,which is substantial when viewed over time. Council
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President Wilson suggested that he meet with Public Works Director Koellermeier to get his specific questions
answered and Mr. Koellenneier could provide the entire Council with an update on the City's conservation
efforts.
7. ADJOURNMENT
Councilor Buehner moved for adjournment. Councilor Webb seconded the motion and all voted in favor.
The meeting adjourned at 9:32:41 PM.
Yes No
Councilor Webb x
Council President Wilson x
Councilor Buehner x
Mayor Dirksen x
Councilor Henderson x
Carol A. Krager, Deputy City Recor
Attest:
Mayor, City of Tigard
Date: /,-z a IJUel-
IAADM\Cathy\CCM\2009\091020P draft.doc
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