City Council Minutes - 02/09/2010 Agenda Item No. J 1-11
Meeting of 6 . I
. of City of Tigard
Tigard Business Meeting - Minutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
CITY CENTER DEVELOPMENT AGENCY(CCDA)
MEETING DATE/TIME: February 9, 2010 -- 6:30 p.m. Study Session; 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard —Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
Mayor Dirksen called the meeting to order at 6:30 p.m.
Council Present: Mayor Dirksen, Council President Wilson, Councilor Buchner, Councilor Henderson, and
Councilor Webb
Staff Present: City Manager Prosser,Assistant City Manager Newton, Public Works Director Koellermeier,
Community Development Director Bunch, Finance and Information Services Department
Director LaFrance,Assistant Conununity Development Director Harnett, Engineering
Manager McMillan, City Attorney Rainis, Interim City Enguieer Kyle, City Recorder Wheatley
f STUDY SESSION
o Discission on Burnham Street LED Lights and Paving Alternates
LED Lights
Interim City Engineer Kyle presented information on LED lighting,which is summarized in the staff
report and a February 5 memorandum on this matter,which are on file in the City Council packet. The
LED outdoor lighting uldustty is changing rapidly. Tigard is looking for ornamental fixtures and, so far,
PGE has not implemented LED ornamental lights in their system. However, PGE is considering
Tigard's project as a pilot project.
If LED lights are chosen and the same lighting level is kept as in the original design,it will cost an
additional$50-60,000 for light fixtures. There will also be some additional redesign expense. The
energy savings, according to Interiin City Engineer Kyle is about 5500 a year. In the end, energy is
saved but probably not enough to cover the cost of the additional investment at this time.
Interun City Engineer Kyle advised the light casts a whiter light, which the experts say allows one to see
better with less light. This could make for a nicer environment for this part of Tigard. The decision
before the City Council is to advise staff if there is interest to proceed with an agreement with PGE,
make a design change and negotiate with the contractor to put in additional LED light fixtures. If there
was interest, staff would return with a PGE contract and a contract amendtment with the Burnham
Street improvement contractor. City Manager Prosser advised City Council that PGE Government
Affairs Representative Mark Frybutg with PGE is present.
Councilor Buchner said that,given that the technology is in flux now, if we were to invest in LED lights,
would the fixtures be able to keep up wid-1 the technology over the next 5 to 15 years or will we need to
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retrofit Mures. Interim City Engineer Kyle advised that he believes die light pole placement is critical
and what is placed on the top of the pole can be changed easily. Technology will improve the lights and
the light-fixture life is estimated at 12 years,which is double the life of an ordinary fixture. In the
unlikely event we need to return to the non-LED lights, they would work at the same pole locations.
Discussion followed on the additional light fixtures (4-9) needed. Council President Wilson noted the
quality of the light un the downtown is important and the color alone, frorn his standpoint,is reason
enough to change to the LED lights. Closer spacing should also inean that there would be fewer
shadows, which would be better for pedestrians. Engineering Manager McMillan said this world be an
exciting opportunity to develop die pilot program with PGE. While there have been other pilot
programs, this would be the fist with decorative lighting.
After discussion with staff and PGE Representative Fiyburg, City Council consensus was for staff to go
forward with the LED lighting pilot progtann with PGE. This decision requires a change order and staff
might need to return to the City Council for forinal approval.
Pavement Alternates
Engineering Manager McMillan reviewed the paving alternates (see February 5, 2010, memorandum in
the Council packet) for Burnham Street. Illustrations of stamped asphalt examples were reviewed.
Engineering Manager McMillan reviewed the history of the events that led up to the decision for use of
a stamped asphalt design and center medallion for the Burnham Street and Ash Avenue intersection.
Staff and City Council reviewed the alternatives and how these held up when used in nearby
cominunities. After discussion, consensus was to ask the contractor to proceed with a scoring pattern in
concrete and if color is used, it should be integral and nota topping. Council President Wilson
suggested that the stamped design for the parking area rmight not be necessary. Engineering Manager
McMillan said this design element has a traffic calming effect on the street. Mayor Dirksen
recommended consideration of a narrow pattern around the bump out of concrete at intersections that
continue down the street to define the travel lane and parking areas. Council President Wilson
suggested that this be priced out to determine costs.
Engineering Manager McMillan reviewed the impact to the construction schedule when doing concrete
work. Impacts world include limiting traffic to one-way at night while using flaggers during the
business day to keep die street open for two-way traffic.
Councilor Henderson and Engineering Manager McMillan discussed the contracting procedures on this
project. Because die bid award was below the engineer's estimate, no value-engineered alternatives were
put into place.
o hlighway 99W (Pacific Highway) Project Briefing
Interum City Engineer Kyle and Engineering Manager McMillan reviewed this item. A copy of the staff
report is on file in the Council packet. Staff and City Council reviewed a large drawing of die Pacific
Highway West design plan. Discussion took place, with Engineering Manager McMillan referring to the
larger reap, about project plans and impacts to specific properties and crosswalk locations.
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Interum City Engineer Kyle said the project was going out to bid in March and construction would begin
in May. Washington County is the agency managing the project with Oregon Department of
Transportation (ODOT) and the City of Tigard participating.
Engineering Manager McMillan pointed out a location where there will be a raised median. Traffic
configurations for business access were reviewed.
Intergovernmental Agreements for this project are on tonight's Consent Agenda. There was discussion
about Oregon Department of Transportation (ODOT) general opposition to trees when designing
transportation projects. Engineering Manager McMillan requested assistance from Mayor Dirksen when
discussions about tree locations are held with ODOT for this project.
Public Works Director Koellermeier noted that the public information campaign is challenging because
of work being split between Washington County, ODOT, and the City. Tigard staff has started early
with developing a public information campaign that tivill be managed by Washington County. Councilor
Buchner suggested that information be sent out in water bills flus sprung regarding the project. Public
Works Director Koellermeier said flus could be done, but reminded City Council that most of the traffic
on Pacific Highway is not by Tigard residents. He advised there would be reader boards, a video for the
local television stations, etc. Mayor Dirksen said a press release should be issued when the
groundbreaking occurs for this project;perhaps, a press conference could be held.
Engineering Manager McMillan noted that some of the outreach efforts being used by Tigard for the
Burnham Street project might be employed by Washington County and ODOT including Coffee
Meetings at McDonald's on Main Street. Main Street in' be closed for about four weeks to get worn:
done that would take up to three months if die street were left open for traffic. Staff will talk to
business owners most impacted about this possibility to determine whether to keep Main open or to
close it for about four weeks. There was discussion about an option to allow limited access (i.e., one-
way in and one-way out). Again, Interum C1q,Engineer Kyle advised the decision about how to proceed
would be decided with input from the impacted businesses.
Public Works Director Koellermeier said because the County is managing the project, Tigard staff
would bring County staff to the Tigard City Council on a regular basis to provide updates. In response
to a question from Councilor Henderson, Engineering Manager McMillan explained the agreements
with ODOT for tree maintenance and permitting.
o Administrative Items
✓ Mayor Dirksen referred to an email communication he received from US Representative
Blumenauer requesting support for the Active Transportation Fund Act. He said after review, he
could not support the Act.
Mayor Dirksen reviewed a draft letter to US Representative Wu (Tigard's Congressman) offering
suggestions to improve the provisions within the above Act. A copy of this draft letter is on file in
die Council packet. Mayor Dirksen said he has asked Tigard staff to review the letter and will
forward this draft to out partners in the County and Metro area to make comments and add their
signatures. Mayor Dirksen asked the City Council members to review the draft letter and get back
to hitm in the next couple of days with recommendations. Mayor Dirksen noted that City Manager
Prosser suggested additional language at the beginning of tlhe letter supporting the general concept
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of funding for bike and pedestrian projects. The tone of die letter might be shifted towards offering
transportation choices to residents by providing options for highways, bikes and.pedestrians
Mayor Dirksen referred to his draft letter where more than $467 inilhon was proposed to be
removed from the f- ighway Trust bund,which is underfunded already.
✓ Information was distributed to the City Council on upcoming City of Tigard Mayor and City
Council candidates' election filing dates.
✓ Maps on the Urban and Rural Reserves (Core 4 Proposal) were distributed to the City Council.
Mayor Dirksen noted the Snaps show that, essentially,Tigard received what it asked for. A htde bit
was lost to rural reserve, but less than anticipated. There was brief discussion between Councilor
Buchner and Mayor Dirksen about contacting a property owner. In response to a question from
Councilor Buchner, City Attorney Ramis advised the City may not annex property outside its Urban
Growdi Boundary; however, the City could have parks outside City limits.
✓ City Manager Prosser referred to citizen communication received at the last business meeting from
Mr. Koenig and 1\/Ir. Dian. Mr. Dinan has been in contact with Assistant City Manager Newton
and he is looking for a response from the City Council. City Manager Prosser has a mcino prepared
by City Attorney Ramis that he will read to respond to lVv:. Divan during tie business meeting. City
Attorney Ramis advised the City Council here is no need for dialogue on the topics raised by these
two individuals as die City Council does not have jurisdiction to do what they are requestuig. City
Manager Prosser reported on d-ie status of Mr. Dinan's municipal court case. Mr. Dinan has not
appealed the ruling but it will be up to the District Court whether to accept an appeal from Mr.
Dusan if he chooses to go that route. If Mr. Dinan does not pay his fine, then it is possible this
driver's license will be suspended.
✓ Council President Wilson noted a representative from Tigard needs to be appointed to work with
PGE regarding power lines. He said he has soiree ideas he would like to offer. City Manager
Prosser said once the staff person has been identified to work on this, this person will contact
Council President Wilson.
✓ There was brief discussion about a recornrnendation for a TriMet board position. This could be
critical for Tigard. Mayor Dirksen asked that if anyone had ideas regarding a potential board
member, to let him know.
Study Session concluded at 7:26 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council&Local Contract Review Board to order at 7:32:29 PM
1.2 Roll Call
Name Present Absent
Mayor Dirksen ✓
Councilor President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
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1.3 Pledge of Allegiance
1.4 Council Communications &Liaison Reports - None 7:33:08 PM
1.5 Call to Council and Staff for Non-Agenda Items -None
7:33:16 PM
2. CITIZEN COMMUNICATION
+ Tigard High School Student Envoy Taylor Friesen presented highlights of recent student activity. A
copy of his written report is on file in the Council meeting packet.
+ Tigard Chamber of Commerce Cl-def Executive Officer Debi Mollahan presented highlights of recent,
current and future activity sponsored by the Chamber. A copy of her written report is on file in the
Council meeting packet.
• Follow-up to Previous Citizen Communication
City Manager Prosser advised that at t-ie last City Council meeting, Mr. Patrick Dinan raised questions
about decisions ;Wade by Municipal Couut Judge Michael O'Brien. City Attorney Tun Ramis reviewed
tie written corninents offered by Mr. Divan and spoke with him directly about the concerns raised in
the oral statements as well as in Mi. Dinan's written submissions. Mi. Dinan was seeking Council
intervention in a Municipal Court matter in which Mi. Dinan is critical of decisions made in the case
that involved Mr.Dinan. Mr. Ramis advised Mi. Dinan that the appropriate remedy for this type of
claim is an appeal to die Circuit Court. This is the same advice that 1VTr. Divan received fi om staff
previously. The Circuit Court is empowered to review the decisions of our Municipal Court Judge and
correct any errors rnade. Mr. Rarmis indicated that the City Council does not have the authority and,
therefore, could not provide the remedy that Mr. Dinan seeks.
+ Citizen Communications Sign Up Sheet
Mayor Dirksen noted that Mr. Dinan is signed up to speak to the City Council. He asked Mi. Dinan if
the report just given by the City IVlanager responds to his question. Mr. Dusan uidicated he wished to
address the City Council.
- Patrick Dinan, P O Box 1031,Sherwood, OR 97140, said it has been two weeks and he still has not
heard anything from die courts about the actions of the Judge regarding his application of the law.
The Judge has not provided IVTr. Dinan with die requirement of the Court to provide (per the ORS)
written findings. The Judge did not reply to luta before Court and has not replied to his second
letter. I Ie questioned the elected officials'guidance of this officer of the court.
1\4r. Dinan said he has never knowingly waived the rights that the people have fought and died to
retain for tiermselves. He said, "I assess the rights to know the nature as wellas the cause of any
action against me and to have a copy thereof,Article I, Section 12, of die Oregon Constitution. I
am entitled to that. ....The judge did not allow the officer to respond to the same thing that I put
before 1-i m. And, I can't understand that I am deprived of that,yet you are asking for me to pay
money without the proof of t-le--the burden of proof is on the shoulders of the courts and the
officer that gave me ticket and they did not shote that I arm nota general public member and that I
arm required under the law—not under the interpretation. Mi. O'Brien was—well you have to have
privileges before you can use your lights. And, that's not the way it works."
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Mayor Dirksen asked Mr. Dinan to surnrnarize his continents.
Mr. Dinan said, "The municipal administrative hearing officer Michael O'Brien
theoretically,...swore to support the Constitution. Yet, he refuses to provide me with what is thine.
Just as...he did allow or expect Tigard Police Officer Odatn to give me,which he was required to
on December 7. If die Tigard City Council is guided by the authority that supersedes my rights to
be informed, I demand a copy of the document upon which that authority is ascribed. If there is
no such authority, then your remedy to action must be taken against the malfeasant public servant.
And, I got a notice from the court that they are going to require the DMV to suspend my license. I
haven't paid. I've been waiting for the answer. How can I pay for something dlat I have not
received?"
Mayor Dirksen said he understands Mr. Dinan's concerns and thanked lire for his comments.
Mayor Dirksen asked if there were questions or comments by the City Council. There were none.
Mi. Dinan asked what he could anticipate from the Council, the elected officials? Mayor Dirksen
advised there was no response to be given to Mr. Divan other than die one he has already received.
Once again,Mayor Dirksen thanked Mr. Dinan for his comments.
- Richard L. Koenig,P. O. Box 5755,Portland, OR 97228 distributed information to several people
at the City Council bench (not everyone received a copy). Mi. Koenig indicated he was giving a
copy to those who were probably more competent to read. In response to a question from
Councilor Webb,Mr. Koenig advised that so far"you haven't shown it" as being competent to
read. A copy of the material provided by Mr. Koelig is on file in the Council meeting packet.
7:43:54 PM
Mr. Koenig said, "...let me start off by pointing out,in response to the allegations that I've heard
here attributed to Mr. Ramis. I assert, I will swear that he is a liar. He is violating his contract to
the City of Tigard. He is providing you with false information and, as someone who asserts die
claire, I stand ready to bear the burden of proof. You pick the time and I'll pick the place. It could
be right here. But, I'll bear the burden of proof Mr. Ramis is liar. There is no appeal when there is
no jurisdiction asserted. He is a liar. Now—you've got my assertion here from before. I mean—
you've got my assertion in writing. The problem here is, do we have accountability. Are you folks
prepared to assert your authority as die elected officials. We delegated you, the elected officials,the
top notch position in this city to take care of things. I arm asking you folks are you prepared to rein
in and make sure there is lawful conduct on the part of the employees? And,if you are, I have set
fordo some parameters. We need a public meeting where if we are going to talk about what tine
problem is that needs to be reined in. If you don't want to rein thern in. Ok, fine. We have a
police state where the police are telling you—telling you what to do. Liars,like Ramis,are telling
you what to do. You need to look at the book. You need to read the words on dee pages. You
need to read the citations of authority I put to your attention.
7:46:00 PM
Mayor Ditksen thanked Mr. Koenig for his corrnrments.
Mayor Dirksen reviewed the Consent Agenda: 7:46:16 PM
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3. CONSENT AGENDA:
3.1 Approve Council Minutes for November 10,2009
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
c. Minutes for November 16, 2009 Joint Meeting with the Park and Recreation Advisory Board
(PR-AB)
3.3 Local Contract Review Board:
a. Authorize the Mayor to Sign two Intergovernmental Agreements (IGA's) with the Oregon
Department of Transportation (C)DOT) regarding Construction of Improvements at the
Intersection of Highway 99W/Greenburg Road and Maul Street
Motion by Council President Wilson, seconded by Councilor Bueliner, 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 Yes
Councilor Henderson Yes
Councilor Webb Yes
4. BURNI lAM STREET AND CAPITAL IMPROVEMENT PROJECTS (CIP) BRIEFINGS
Engineering Manager McMillan reviewed a PowerPoint presentation. A regional magazine, Tazuiel on ra Sboeslizng,
published an article featuring the Tigard Downtown. A copy of this article is on file in the Council meeting
packet.
Friday Morning (7:30 a.m.) Coffee Meetings on die Burnham Street project have been going well.At these
meetings, the project progress is reviewed and questions and concerns are addressed. The location Inas moved
from the Tigard Sub Shop to the McDonalds Restaurant.
Four calls were received from business owners with complaints and they have received responses.
Mayor Dirksen commended the work done by Engineering Manager McMillan. He noted the response from
businesses and citizens impacted by the project have been positive.
The highlights of the construction activity is on file un the Council meeting packet (PowerPoint slides).
During the presentation, the facade improvements underway for the Tigard Liquor Store were pointed out.
Mayor Dirksen reminded viewers that assistance is available under the City of Tigard Facade Improvement
program for downtown businesses.
7:57:14 PM
Interim City Engineer Kyle gave a Capital Improvement Program update in a slide presentation on three
projects. A copy of the presentation is on file in the Council meeting packet. He said that next month he
would preview the projects planned for this summer.
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8:04:33 PM
5. REVIEW OF REGIONAL TRANSPORTATION PLANNING ACTIVITIES
Councilor Buehnner introduce newly hired Set-liar Transportation Planner Gray
Senior Transportation Planner Gray's staff report included dne following highlights:
• The Regional Transportation PIan Update is nearing completion. The completion date is scheduled for
June. Projects included in the Regional Transportation Plan,have completed the important step needed to
be considered for any type of Federal fiinding.
• Pacific Highway/Barbur Boulevard Corridor has been identified as the top priority for the next planning
phase for high-capacity transit. This project is through a partnership with Oregon Department of
Transportation and Metro.
• The Portland to Tigard corridor ( -5,Pacific Highway,and parallel transit facilities) has been identified as
one of the three top priorities within the Mobility Corridors (identified in the Regional Transportation
Plan). A multi-modal refinement plan is planned for the corridor and is anticipated to begin soon.
• Mayor Dirksen commented that the only other mobility corridor scheduled for funding within the next five
years in the Metro region,will connect I-84 and Highway 26 in the Gresham area.
• 8:09:59 PM Many Oregon cities have experienced difficulties implementing zone changes that appear to be
in conflict with the statewide Transportation Planning Rule. Serious conversations have just begun at the
state,regional,and local levels to develop alternative mobility and performance standards to provide
cornrniuiides with flexibility. Currently some of die Transportation Planning Rule requirements as they are
enforced make it impossible to achieve some of the regional goals for the 2040 land use planning.
• Oregon Department of Transportation and Washington County recently completed the initial analysis for
interchange improvements on Pacific Highway/217. The second phase has started with the focus on
message signs,variable speed limits, and wider shoulders.
• It is likely that the Oregon Department of Transportation will reallocate about$10 million from the I-
5/Pacific Highway Connector Project drat was lost to projects within the City of Tigard: intersection
improvements at McDonald/Gaarde/Pacific I Iighway and at Pacific I Iighway/Greenbw g/Hall.
• TriMet is facing significant budget shortfalls and expects cost cutting including service reductions. Some
City of Tigard routes will be affected,including changes in frequency. A public cornnnent period will
include public meetings though early March followed by a couple of public hearings in April. Discussion
was held on this cutback in service with it being noted Tigard's service is not the greatest now and there is
concern for impact on residents who depend on bus service.
Councilor Webb noted the City Council's decision—a leap of Faith—to institute a gas tax for the Greenburg
Road/Pacific Iighway improvements because Oregon Department of Transportation did not have funding.
She said she was pleased to see that Oregon Department of Transportation is now putting some funding
towards this project. She thanked the Mayor for his efforts. Mayor Dirksen said he is also pleased to see some
of dne Tigard projects moving for-ward after years of plannitng, studying, and seeking funding. Groundbreaking
for the Greenburg Road/Pacific Highway is scheduled for May 2010. Cotmcil members commented on the
nurnber of projects that will be underway this swnrner,which tivill rna]tc it very challenging to drive around the
downtown area for the next several months.
Council President Wilson commented that he is acquainted with Senior Transportation Planner Gray and
knows that from her background she has expertise in parking design. He said that as we develop the
downtown for more dense development,he anticipates she will.be a good in-house resource. Senior
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Transportation Planner Gray said she is on a project team with Green Street Project,which includes a parking
rnanagetnent element.
8:20:58 PM
6. CONSIDER AUTHORIZATION Or A PARKS, OPEN SPACE AND TRAILS BOND ELECTION
Public Works Director Koellemeier introduced this agenda item.
Public Works Director Koellerneier advised the issue before the City Council tonight was to consider whether
to authorize an election seeking voter approval to issue a general obligation bond to fund acquisition,
development,and preservation of parks, natural and open spaces. The tiring of such an election is also under
consideration. Upcoming potential election dates are May or November 2010. A schedule of activities needing
to occur was prepared and included in the City Council meeting packet. Deadlines are quickly approaching for
the May election. The City Council packet material contains information similar to information considered the
last time this matter was placed before the voters.
Bob Betcone and Josh Alpert from Trust for Public Lands were present. Mayor Dirksen asked thein for their
comments. Mr.Alpert said when they last met a few weeks ago with the City Council they were about to put a
survey into die field. Survey results have come back. After reviewing and analyzing these results with the
pollster,it is clear that May will not be the most opportune time to move forward with a good chance of
success on a parks, natural area and open space bond measure. It appears that November 2010 election looks
better as conditions now exist; however,if other issues are placed on the ballot, this night change. From the
survey,it appears the dollar amount is not an issue;rather,the respondents want to know if there is a need and
where will the money be spent. The respondents want more specific information than was provided in the last
campaign. Voters are saying if this information is satisfactorily provided, then they do not foresee a problem in
supporting a treasure to tax themselves for parks, open space and trails.
Mr.Alpert said Park and Recreation Advisory Board (DRAB) met last night and had a good discussion about
how to prepare for a November election if the City Council would choose to place something on this ballot.
The recommendation by TPL would be to start the work now and engage the public ui taking the Parks Master
Plan data to provide a specific package to place before the voters. Mr. Alpert said he would not propose a lot
of details but to list potential amenities tlhat tlhe measure round find in various segments of the city. TPL
recommends a ballot measure not go forward in May but to start preparing staff for the November election and
to work closely with the Park and Recreation Advisory Board (PRAB) over the spring and summer detailing a
plan the voters would fund appealing. Under TPL's technical assistance agreement with die City of Tigard,TPL
would be xvilluig to assist this effort. TPL would also assist in the campaign.
Councilor Buehner recalled previous advice from TPL that survey results are valid for about six months. She
asked if TPL would be recommending that another survey be done early in the surntner to evaluate the situation
before a decision is made regarding the November election. Mr.Alpert said he would recommend another
survey:
1. If other measures, changing the calculus were put on the ballot,and
2. If there were other extenuating circumstances such as if die economy were to go into recession or an event
occurred that would affect placing a measure on the ballot.
Currently, Mr.Alpert said he would not necessarily see a need (other than for the two circumstances noted
above) to test again. The survey results were consistent widh what was concluded from last summer's survey.
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8:28:53 PM
Councilor Webb reported sheattended meetings last week regarding the Library Levy and the Safety Levy. She
said she was surprised at the amount of support (769/6) for both of those levies. These are requests for levy
renewals and they are considering lowering tietn one cent. She said she would be more apt to consider a
November election for a Tigard bond proposal. Mr.Alpert concurred with Councilor Webb, noting that their
evaluation concluded similar levels of support for those measures. As it stands right now, the Tigard parrs et al
measure would be the only tax increase measure and would not take away support from the renewal measures.
830:16 PM
Councilor Henderson asked if Mr.Alpert could give information about the aquatic measure that will be before
the voters in May. I\/Ir.Alpert said the formation of the Aquatic District tested well,which is a credit to those
who have placed this measure on the ballot—their organization and their campaign structure. Survey results
indicated that if the Aquatic District and Parks proposals were on the same ballot, the voters would choose the
Aquatic District over the Parks measure. This contributed toward the recommendation not to go forward with
the Parks ballot measure in May.
831:25 PM
Park and Recreation Advisory Board (DRAB) members were present and commented. Board Member Davies
said there was a lively discussion at last night's Park and Recreation Advisory Board (PRAB) meeting as they
discussed die November ballot measure. They would like to start a steering coirunittee early,build a good
timeline, determine what citizens want and then develop a proposal based on this information.
PRAB Board Member Bernhard commented on the discussion last night. IIe said the Board members are
looking for encouragement from the City Council for a November election as opposed to a May election
because of the factors presented earlier tonight. The last election had a lot of positive attributes and building
upon that the PRAB is excited to move foi ward with organizing a campaign and bringing to the voting public a
measure that might be more palatable.
In response to a question from Council President Wilson,Board Member Davies poiuhted out that last time the
decision to take the matter to the voters carne up very quhicldy and there was a limited public information
campaign. A new campaign could include reaching out to more community groups and finding out what the
community is looking for so the final product makes sense for the entire community. Discussion at last night's
PRAB meeting included hosting Town Meeting f6tums where community members can give input to
determine what will work for the majority of people.
8:35:00 Ph1-1
Board Member Bernhard said the last election might have lacked the connection with voters witlh regard to
what their money would be purchasing(i.e., see, feel, touch).
Councilor Webb suggested something be ready for people to view regarding a shallot measure proposal at die
time of the Fanno Creep Conference.
Councilor IIenderson attended the PRAB meeting the night before. IIe noted the energy of the PRAB
members who believe that this bond measure is something that Tigard really needs—an essential part of Tigard.
Councilor Buchner suggested the Fowler property could be the centerpiece for a promotional campaign. Board
Member Bernhard said there are a lot of things that could highlighted. While Fowler is a main anchor, there are
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a number of properties the PRAB has been evaluating for potential park purposes and various uses. Fowler is
central and at this time Tigard does not have a centrally located park.
Council President Wilson recalled at the planning meeting about a year ago,before die economy downturn,it
was acknowledged that Tigard is approaching build-out. At that time,it looked impossible to purchase property
because it was prohibitively expensive. This has completely changed in one year and now the have two huge
parcels within our giasp. While it is a difficult tune to raise taxes,it is also an unprecedented opportunity to
purchase the two Iarge parcels and some other smaller properties for parks. We could shote the voters what
they would be buying in property fora variety of park uses.
8:39:46 PM
Mayor Dirksen referred to the Parks Master Plan,which was completed just before going out to the voters last
November. Officials referred to the Plan during the last election but it might have been too big of a target and
too broad of a view. He reconirnended being more specific with what will be accomplished with the money.
8:40:25 PM
Councilor Buchner said there were a tremendous number of people, teachers and parents from Fowler Middle
School,writing to the City asking that the Fowler property be saved. She said this wound be a good network to
engage for a new election.
8:4-1:10 PM
In response to a question from Mayor Dirksen,Board Member Bernhard concurred that PRAB agrees with the
Trust for Public Lands representatives that a May election was too early and a November election is preferable.
Public Works Director Koellertneier, in response to Mayor Dirksen, advised that if it is the will of the City
Council to go to the November election, he recotrunended the City Council take no action on the proposed
resolution tonight. The resolution was drafted in the event the City Council decided it wanted to go
forward with the May election. Consensus of City Council was to postpone consideration of the resolution
so more information can be pulled together.
Motion by Councilor Webb, seconded by Councilor Buchner, to table the parks open space and trails
election item until a later date, not later than June 22, 2010.
The motion was approved by a unanitmous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
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8:44:40 PM
7. CONSIDER RESOLUTION TO RENEW THE CITY'S INCENTWES TO ANNEX"UNTIL
FEBRUARY 2011
Community Development Director Bunch introduced flus item. The City has had the opportunity to review a
few years of perfor-rnance of the annexation incentives. The City Council has several options:
• Continue the incentives
• Modify the incentives
• Make the incentives permanent
Associate Planner Pagenstecher advised the City Council last reviewed the incentives in February 2009. Very
little has happened since December. There have been eight annexations in previous years. Seven property
owners joiied annexations already initiated. Three property owners annexed taking advantage of the incentives
and had no plans for immediate development. Associate Planner Pagenstecher said staff does not know if die
incentives were important towards the property owners deciding to annex. The incentives cost the City about
$25,000. The staff report outlines die phased-in property taxes and the amount received to date with costs
being recouped in 2010-11.
These annexations brought in 42 acres to the City of Tigard,with 6.7 acres corning in by property owners who
do not have plans to develop.
Council President Wilson said that he has always thought that if you want to encourage something,you lower
the barriers. It does not appear to be a hardship in Iost fees for die City and he would support making the
incentives permanent.
Mayor Dirlsen agreed this was an option to consider rather than renewing the incentive program every year.
I Ie asked if there was interest on City Council's part to do this? Councilor Webb said she wondered what the
downside would be,if any,to making the incentives permanent. Mayor Dirksen asked for staff input and
pointed out if there was a problem, then the City Council could change the process. Coni munity Development
Director Bunch noted there is the fee issue;however, Council President Wilson is correct that if you want to go
an record to send die message that"we are open for business regarding annexations and we encourage people
to annex..." Fees could be recovered by subsidy from other fiends if this is important to the community. The
arguments to persuade property owners to annex for tlhe long term do not appear to be persuasive for single,
individual property owners. There are undeveloped properties for which this might make a difference in the
bottom Ione. From staffs perspective, "it's a wash and we are here to implement Council's policy." This could
be a good policy to go either way for if we want to encourage annexations, making this permanent would send a
strong message.
Council President Wilson asked if would be easy to inpleinent a policy whereby if a property develops or
subdivides within the subsequent year after annexation, then the fees would apply. We avant to encourage
individual properties that would not otherwise come into the City for any reason. This way"you would not
burn up staff time unnecessarily." He said he did not want this to become complicated. Associate Planner
Pagenstecher said some of the options address the issue and referred to the fourth option listed in the staff
report.
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Associate Planner Pagenstecher said the incentives to annex for someone who cannot develop are obvious.
The application fees being the largest part of the incentive package was something that the City has had as a
policy for a number of years. The other uicentives—phased property taxes and Metro fees—were marginal to
that decision. Malting the incentives permanent,Associate PIanner Pagenstecher said he thinks carries a
message and there is a good rationale to uniting to Close properties that do not plan to develop. Mayor
Dirksen restated the proposal in that the City would discontinue offering die incentives to properties that want
to develop because they would have to come into the City anyway to get City services. Council President
Wilson said his concern is that this costs staff tune and additional money to implement. He said he did not
know if a large development would costa lot more money. Associate Planner Pagenstecher referred to Sunrise
Lane as an example. Five property owners joined this annexation; the annexation is one process regardless of
the number of properties involved. It is marginally more effort to include those who want to join an
annexation so it makes sense to apply it in that fashion.
Councilor Buchner said it has been the policy of the City Council for the last four years that die City is going to
be neutral on dne subject of annexations. All the City does is send a letter to property owners adjacent to the
City advising them they do not have to pay the annexation fee. This has not resulted in a great number of
annexations. She said she questions the validity of the policy as whether it makes any sense to continue it in its
current form. Whether we should drop it or look at it to consider adding additional incentives. Councilor
Buchner said, "It seems like a relatively large amount of work to fuss over this without much response..." She
suggested outreach frorri die City Council to talk to these individuals one-on-one night be beneficial in
explaining advantages and disadvantages for annexation so they can make an educated decision. She said, "I
don't think the letters and the information we've sent out do a very good job..."
Associate Planner Pagenstecher said the difficulty is implementing the phase-in of taxes,as this.requires the
attention of the Finance Department acid coordination with the County. He said the first option is a simplified
incentive.
Councilor Webb said she was not in favor of making the process more complicated, drawn out, or to require
additional staff time. She said she wants to leave the incentives out there and does not favor a more aggressive
policy toward annexation.
Mayor Dirksen said that the City did not offer these incentives expecting a huge response. Having these
incentives sends a message to the larger community that die City is inviting people to annex that we believe are
part of our community who should be part of our City—and we wound like them to be part of the City.
Toward that end,he said lie would entertain the idea of making this policy permanent. He said he did not dim,
the needed to mance a change to our current incentives not to include people who are planning to develop their
properties and we could just leave it the way it is to snake it simple. He recommended a change to die
incentives by taking a lesson from the City of 1-h lsboro's annexation policy to phase in property taxes over five
years instead of three. Mayor Dirksen said the remaining procedures could remain as is. He suggested the City
Council could adopt the proposed resolution tonight and ask staff to look at what it would take to make the
incentives permanent.
Councilor Buehner asked how the infoi nation would be disseminated to the relevant property owners. Mayor
Dirksen said all of the people,he thinks, are,�vitliin the Tigard water service area. It would be easy to put an
announcement with the water bill.
Councilor Henderson agreed that five years sounds better than three, especially when you think about the phase
in being 33%, 66% and then 100%. It's not really a three-year phase in. Councilor Buchner said, effectively the
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taxes on these properties would be reduced for three years,because they would no longer be paying any special
district fees. She said she was concurred that the proposal was a great idea and that notification in the water bill
would be very effective. She said she thinks it will tape "actual people talkiilg to people." Mayor Dirksen said
there certainly could be more discussion on how to get the word out. He said that rine information could be in
die water bill and also extend an invitation to anyone who would like to have a personal meeting with a staff
and Council member.
Councilor Webb questioned the decision to annex or not was really about the money and referred to the voters
rejecting the option of coining into Tigard and then attempting to incorporate at additional cost. Councilor
Buchner said she said she does not think it is about money;rather,it is about snaking a personal connection
with the property owner. Mayor Dirksen said that we could certainly extend an offer. Councilor Webb said she
was not too enthusiastic about extending the tax phase-in to five years since also does not think this is a money
issue. Councilor Buchner agreed and said, "It's not that much money—the cost of the enhance patrol keeps
going up." Mayor Dirksen said he was more interested uh the incentives because of die point they make rather
than for any monetary adjustment.
City Manager Prosser said that if the City Council is moving toward making the incentives permanent, there is
quite of bit of word changing required. I�e suggested the City*Council give staff direction about what it would
like to do and staff could biting this back for City Council review. The current resolution expires this month, so
Mayor Dirksen suggested the City Council consider the resolution tonight and,if approved,it would extend the
current incentive program for another year and give d-ie City Council time to consider a permanent policy.
Councilor Buchner said, that while she is supportive of doing outreach, she will vote against continuing the
current policy. She said that she hopes die Council twill be provided with some good ways to do outreach to
make it work. In response to a question fiom Mayor Dirksen, she said that if the same exact plan comes back
to the City Council,it twill be a waste of time.
Motion by Council President Wilson, seconded by Councilor Webb, to adopt Resolution No.10-09 without
modification of the existing program and with die direction that staff is to come back With language to snake it
permanent.
RESOLUTION NO. 10-09 –A RESOLUTION AMENDING RESOLUTION NO. 07-13 TO
EXTEND THE INCENTIVES FOR VOLUNTARY ANNEXATION OF UNINCORPORATED
LANDS TO THE MUNICIPAL CITY LIMITS TO FEBRUARY 2011
In discussion on the motion,Council President Wilson said that,in deferring to Councilor Buchner, staff might
suggest other options for outreach. Mayor Dirksen said he thinks dhis is a separate issue and could be discussed
separately. Council President Wilson said there is a fine line between doing outreach and,as Councilor Webb
expressed, not to be aggressive. F Ie said he does not want to give the impression that eve have an organized
annexation effort like the previous Bull Mountain effort.
Comtrninity Development Director Bunch clarified that the action tonight would continue the voluntary,
neutral annexation policy whereby the City is ready to accept annexations,but the City is not prornoting or
forcing annexation. Councilor Buchner reiterated tlhat she does not thunk the current policy works and her
concerns have nothing to do whether she would like to see people anzhex,it has to do with how it is structured.
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The motion was approved by a majority vote of Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner No
Councilor Henderson Yes
Councilor Webb Yes
9:08:16 PM
8. COUNCIL LIAISON REPORTS
Councilor Buchner previewed the Oversight Committee (Water Program),which met Monday. The
Committee anticipates die budget will be ready and available the first week of April,prior to the start of the
Tigard Budget Committee headings. The Committee will also be producing the draft public outreach program.
Council President Wilson said he attended the Regional Water Providers Consortium annual meeting. The
budget for the corning year was approved. He advised the Consortiuun's purpose is to provide an opportunity
for the regional water providers to meet to develop conservation programs as well as plann for emergencies.
Council President Wilson said he raised the issue of the actual emergency that occulted With regard to the "Boil
Water Notice"when ecoli was detected at dle Washington Park Reservoir in the City of Portland. Because we
purchase water from Portland, there was some concern among citizens as to whether Tigard was affected. This
situation occurred over the Thanksgiving weekend so staff froth both agencies were not readily available.
Council President Wilson said he commented at the Consortium meeting that there did not appear to be a
formal process or mechanism for these binds of corrununications to happen. Several of the other meeting
attendees acknowledged this as a concetn. Council President Wilson said he feels that we,as a city, should
formally request that this be an agenda item for this coining year as it falls in lune with the Consortium's
responsibility for emergency planning.
Councilor Buchner said she would strongly support Council President Wilson's request. Upon direction from
the Intergovernmental Water Board,a letter was sent to the City of Portland asking for better response to
emergencies situations. Portland's letter of reply stated they did not plan to snake any policy changes.
Council President Wilson said he would appreciate a broader discussion of our involvement in die Consortium.
It's a rather new organization. He said he would like a definition of the pin-pose of our involvement and to
evaluate whether there are conservation efforts that we would like to see implemented.
Councilor Webb coirunented that as we work more with the City of Lake Oswego,both cities will focus on
conservation efforts. In the years to come,Tigard will not be a major water purchaser from the City of
Portland, so Councilor Webb suggested we direct our efforts toward die Lake Oswego/Tigard and our:
Willamette River Water Coalition partnerships. Council President Wilson said when discussing conservation,it
is important to recognize that we have fixed costs and to the extent we are successful un conserving, this snakes
the overall costs go up. Overall conservation is not as important as reducing die peals usage during the
suInlner.
9:14:36 PINI
Councilor Buchner commented on the plans for reservoirs and her concerns that enough storage capacity be
built to deal with peak usage periods.
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9:15:10 PM
In a follow up dialogue with City Manager Prosser, Council President Wilson clarified that he world like to
have a Council workshop discussion with Tigard staff to determine Tigard's goals. Over the longer terin,
Tigard officials ti rill be talking about sustainability goals also. The purpose of this workshop discussion, said
Council President Wilson,would be to give lihn guidance so he can represent Tigard's interests according to
what we have determined is good policy for us.
9. NON AGENDA ITEMS
10. EXECUTIVE SESSION: Not held.
9:16:34 PM
11. ADJOURNMENT
Motion by Councilor Webb, seconded by Councilor Buchner, to adjourn the meeting.
The motion was approved by a unanimous vote of Cite Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
LCI,L-� C :L{ ox, �� c
Catherine Wheatley, City Recorder
Attest:
Ma or, 6ty of Tigard
Date: �i 11 t f
1AADM1CATF1Y%CCM120101100209 final.doc
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