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City Council Minutes - 11/24/2009 Agenda Item No. Ll Meeting of -_-_—_--- City of Tigard = % Tigard Business Meeting — Minutes im TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: November 24, 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 • Reception for ❖ Retiring Chief Bill Dickinson ❖ Incoming Chief Alan Orr ❖ Incoming Assistant Chief Mike Bell ❖ Incoming Captain Jim deSully ❖ Incoming Captain Bob Rogers 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board meeting to order at 7:30:11 PM 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor President Wilson ✓ Councilor Buehner ✓ Councilor Henderson ✓ Councilor Webb ✓ 1.3 Pledge of Allegiance: City of Tigard Color Guard Members (Sgt. Mike Eskew, Officer Jamie McDonald and Officer Mike Davis ) - Posted Colors and Tualatin Valley Fire and Rescue Pipe Band (Tim Burr, Daryl Rozedal, Chris Baird, Brad King, Corey Sullivan) played for the opening of the meeting and the closing of the swearing-in ceremony. 1.4 Council Communications&Liaison Reports: Councilor Henderson-report on the last Metropolitan Area Communications Commission and that MACC is asking members to review and endorse the transfer from Verizon to Frontier. He reviewed the transfer and referred to information regarding the transfer. This will be before the City Council at a future meeting. 1.5 Call to Council and Staff for Non-Agenda Items: None 2. CITY OF TIGARD POLICE DEPARTMENT CHANGE OF COMMAND Mayor Dirksen spoke of Police Chief Dickinson, his outstanding background, achievements, and tenure at the City of Tigard. A copy of the highlights of Chief Dickinson's career is on file in the City Recorder's office. TIGARD CITY COUNCIL MINUTES — November 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 6 Police Chief Dickinson made farewell remarks. City Manager Prosser commented on the selection process for the selection of the new chief,Alan Orr. Chief Dickinson administered the oath of office to incoming Police Chief Alan Orr. Mrs.Lauri Orr pinned the badge for Chief Orr. Mayor Dirksen presented retired Police Chief Dickinson with his retirement badge. Wife Betty and son Will were present. Mrs. Betty Dickinson pinned the retirement badge for retired Police Chief Dickinson. Chief Orr introduced the new command staff, said a few remarks (highlights are on file in the City Recorder's office) and administered the oath of office to the following: Assistant Chief Mike Bell ❖ Oath of Office—Captain Jim deSully ❖ Oath of Office—Captain Bob Rogers 8:02:58 PM -Council meeting recessed. 8:07:30 PM—Council meeting reconvened. 3. CITIZEN COMMUNICATION: None 8:08:10 PM Mayor Dirksen reviewed the following Consent Agenda: 4. CONSENT AGENDA: 4.1 Approve City Council Minutes for September 15,2009 4.2 Appoint Tree Board Members At-Large Mort Ettelstein,Brett Lieuallen,and David Walsh—Resolution No. 09-70 A RESOLUTION APPOINTING MORT ETTELSTEIN, BRETT LIEUALLEN, AND DAVID WALSH TO THE TREE BOARD AS AT-LARGE MEMBERS 4.3 Authorize the City Manager to Execute the Deed and Easements Approving the Stevens Marine Right- of-Way Acquisition for$75,100. 4.4 Authorize the Mayor to Sign an Intergovernmental Agreement with Washington County Regarding the Use of Bike and Pedestrian Program Funds on the Current Fanno Creek Trail and Crosswalk Projects Motion by Councilor Webb, seconded by Council President Wilson,to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Absent Councilor Henderson Yes Councilor Webb Yes 5. RECEIVE FINDINGS FROM THE 2009 COMMUNITY ATTITUDES SURVEY 8:12:07 PM Management Analyst Wyatt introduced the agenda item. Consultant Kelly Middendorff(Vice President of Moore Information) presented the findings,which are summarized in her presentation. A summary of the survey results is on file in the City Recorder's office. _TIGARD CITY COUNCIL_ MINUTES_—_November 24, 2009 City of'iigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 � 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 6 8:32:52 PM City Council members asked questions about the survey results and how they compared with other cities. Consultant Middendorff advised there were no drastic differences. Generally,people are happy with their place of residence. Tigard is doing well in the public's perception. Areas of concern are topped by traffic issues and the pollsters have recently begun hearing concerns about the economy. 8:34:51 PM Mayor Dirksen said he was pleased with the outcome of the survey measured against the results that were seen in 2007. He said it sounded as if the City was doing the right kinds of things and headed in the right direction. He noted his perception that there is general negativity, so he found it encouraging to receive the results (numbers) for this community. 8:36:06 PM 6. CONSIDER AN AMENDMENT TO THE TIGARD URBAN SERVICES AGREEMENT WITH WASHINGTON COUNTY Community Development Director Bunch introduced this agenda item advising it was before the City Council because the proposed aquatic district affects the unincorporated area that the City of Tigard is to serve per the Urban Services Agreement. He reviewed the amendment needed to the Urban Services Agreement with Washington County. Previously,Tigard indicated it was not supportive of an amendment for a park and recreation district;however,the city is supportive of consideration of a district for aquatic services. The City Council expressed an interest for review of the entire Urban Services Agreement because it is old. Options before the City Council were listed in the support material for this agenda item. City Council reviewed the options as well as a change to the language proposed by the City of Tigard,labeled as Exhibit D (attached to a proposed Resolution before the City Council). In response to a question from Councilor Henderson,City Attorney Ramis advised that Washington County agrees with the City of Tigard that the entire Agreement needs to be reviewed soon. In response to a question by Council President Wilson, Community Development Director Bunch responded that most of the updates to the Urban Services Agreement are housekeeping,but there also some substantive issues for utilities, service district matters,and public safety. Discussion followed about how to go about changing the Agreement;it will probably take months of negotiation because there are nine signatories to the Agreement. Mayor Dirksen noted one of the conditions proposed by the City (Exhibit D to the proposed resolution),was that the County is to convene representatives to discuss the changes to the Agreement no later than July 1. He said this might be a requirement that the County would have no authority to do, since some partners might not be interested. He said we could ask the County to initiate the process. Councilor Henderson thanked Community Development Director Bunch for his review of the document. He commented that he was unsure if all of the issues within the Agreement needed to be addressed at the same time. He suggested the Agreement could be amended in a staged approach. Community Development Director Bunch also agreed that the Agreement lends itself to a staged,incremental approach. Some housekeeping items could be addressed quickly while other issues will take a lot of work with the involvement of the partners. Some entrenched interests will require substantial discussion. The urban and rural reserves issue as well as Areas 63 and 64 need to be addressed in the Agreement. The Agreement needs to be modernized and more dynamic. TIGA_R_D_CITY COUNCIL MINUTES — November 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 503-639-4171 1 ww-w.tigard orgov �� Page 3 of 6 Discussion returned to the aquatic district needs. Community Development Director Bunch noted the aquatic issue is in response to a broad constituency. Staff recommends the City Council amend the Urban Services Agreement so the matter of the aquatic district can move forward to a vote. Staff believes it is important to move on the aquatic issue now and then develop a staged,phased-in approach to an overall review of the Agreement. Staff would like to fold this overall review into their work program. 8:40:45 PM City Attorney Ramis commented on the process as it stands now and suggested amendments to the resolution and the documents the City Council is considering. City Attorney Ramis explained the City Council asked the staff to prepare amendments in two areas: 1. Tailor the language on the Aquatic District very specifically and more narrowly than the original draft from the County. 2. Require a reopening of the consideration of the main language in the Urban Services Agreement to cure some of the aging provisions. Tigard staff shared language with County staff and the County responded; their comments are contained in an email received today from Joanne Rice of the County. The County staff said they agreed with the amendments that the City offered with respect to the language regarding the Aquatic District. The County staff suggested an amended Exhibit D because of a typographical error and Tigard staff agreed with the County's Exhibit D. The County's second comment is that the language Tigard proposed to change the timing of amendments to the Urban Services Agreement is something that cannot be accomplished within the timetable imposed on the Aquatic District matter. These amendments,unlike Exhibit D,need to have signatures of all of the jurisdictions that originally signed the document. The County staff,therefore,was resisting the idea of moving forward with that proposed amendment from the City of Tigard. City Attorney Ramis advised that there is an alternative approach: • Amend the proposed resolution and adopt the Revised Exhibit D and include language in the resolution that directs the staff to prepare amendments to the Urban Services Agreement to submit to the City Council for its review and then forward these amendments to the County for consideration. City Attorney Ramis said that once the City of Tigard submits the provisions to the County,the County would be required under Section VIII.D. of the existing Agreement to consider the modifications in a timely manner. Council discussion followed. Community Development Director Bunch reported there are many housekeeping issues needing updates in the Agreement along with substantive issues (i.e.,utilities, service district,and public safety). City of Tigard staff thinks there will need to be several months of negotiation and work on the issues. Mayor Dirksen commented on language proposed by the City of Tigard that the County convene representatives in a meeting no later than July 1,2010. He aligned with the County's concerns (in the November 24 email from Joanne Rice)in that the County has no authority to enforce this;therefore,we are asking the County to commit to something for which they have no authority to do. He suggested we could ask them to initiate the process. Councilor Henderson said he thinks there are some severe along with some not-so-severe issues that need to be addressed. He noted he was not sure if all the issues need to be addressed at once or whether these could be worked out in a staged approach. TIGARD CITY COUNCIL MINUTES — November 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 ww\v tigard or.gov I Page 4 of 6 Community Development Director Bunch advised that the Agreement lends itself to an incremental approach. The preference would be to take care of the housekeeping amendments quickly. The other issues will likely take a lot of work where all of the partners are involved. Community Development Director Bunch said staff would like to establish a basis of relationship with the County and the other signatories to this Agreement based upon today's circumstances—not on an agreement established more than 23 years ago. There are entrenched interests associated with this Agreement that willrequire substantial discussion. Community Development Director Bunch said another issue facing the City will be implementing the Urban and Rural Reserves effort. On top of that,we have Areas 63 and 64 close to the City of Tigard. The City is the logical provider of water services to this area. Ultimately,the Agreement will have to expand to deal with that issue as well. Unfortunately,the Urban Services Area Agreement has been a somewhat static document and it needs to be modernized. Councilor Henderson followed up to Community Development Director Bunch's remarks noting that the Aquatic District issue is before the City Council at this time and asked Community Development Director Bunch to respond how this is affected by the Agreement. Community Development Director Bunch advised that the Aquatic issue is a response to a broad constituency for this service. The recommendation is to amend the Agreement so the aquatic services issue can move forward to a vote. Community Development Director Bunch said he did not think the City of Tigard or the County want to stand in the way of citizens expressing their will for this kind of service. It is important to move on the Aquatic District issue now and develop a staged approach to address the issues in the Agreement that affect Tigard and all of the signatories. Staff would like to stage the Agreement review so it can be incorporated into the work program in the Community Development Department. Community Development Director Bunch recommended that the Agreement be amended tonight to take care of the aquatic services issue. In response to a question from Mayor Dirksen regarding input to the alternatives suggested by the County, Council President Wilson said he would rather decouple the comprehensive review of the Agreement from the Aquatic District issue. It was never the intent of the City of Tigard Council to hold the Aquatic District hostage to the Agreement. Council President Wilson said he would also rather not issue the request and"get the clock running"before we have had a chance to discuss (in a workshop setting)what the major issues are and what approach we would like to take. He said he would prefer to send the amendment language for the Aquatic District forward and discuss in workshop what areas of the Agreement need to be updated or added. Councilor Webb noted she agreed with Council President Wilson. She noted she would like time to discuss some of the issues within the Agreement to determine what might be simple"fines"and identify the more complicated issues. Her preference would be to act on what is needed to move forward with the Aquatic District. She noted her preference to not place the County"under the gun"with regard to the Agreement as this would not be conducive to a good relationship to work through the details. Mayor Dirksen noted he agreed with Council President Wilson and Councilor Webb. City Attorney Ramis suggested the following amendments be considered by the City Council tonight: Motion to approve the Resolution before the City Council with the following amendments— 1. Revise Section 1 of the Resolution to say— Amendments to Exhibit D of the TUSA as contained in ExbibitA of tbis Resolution an'ben'by apprnved(and delete some of the language referring to the broader document). 2. Substitute for Exhibit D,the County's submitted version of Exhibit D. TIGARD CITY COUNCIL MINUTES — November 24, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-ongov I Page S of 6 Motion by Councilor Webb, seconded by Councilor Henderson,to approve Resolution No. 09-71 with the following amendments to Section 1,which addresses only the Aquatic District*and substituting the County's language for the Exhibit D. *City Attorney Ramis inserted that the language would be: Amendments to Exhibit D of the TUSA as contained in Exhibit of this resolution are hereby approved. RESOLUTION NO. 09-71 —A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE TIGARD URBAN SERVICE AGREEMENT (AS AMENDED) The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Absent Councilor Henderson Yes Councilor Webb Yes 7. COUNCIL LIAISON REPORTS: None. 8. NON-AGENDA ITEMS: None 8:57:51 PM 9. ADJOURNMENT Motion by Council President Wilson, seconded by Councilor Webb to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Absent Councilor Henderson Yes Councilor Webb Yes �-L►�-t Catherine Wheatley, City Recorder Attest: Mayor, ity4,/3. off Tigard Date: /C) IAADM\CATHY\CCM\2009\091124 fmal.doc TIGARD CITY COUNCIL MI_NUTE_S — November 24, 2009 _ City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 ww«.tigard or.gov Page 6 of 6