City Council Minutes - 06/08/2010 City of Tigard
° Tigard Business Meeting - Minutes
TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD (LCRB)
& CITY CENTER DEVELOPMENT AGENCY(CCDA)
MEETING DATE/TIME: June 8, 2010/6:30 p.m. Study Session and 7:30 p.m. Business Nlecting
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.
Roll call:
Name Present Absent
Nlavor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
Staff present: City Manager Prosser, Assistant Ciry, Nlanager Newton, City Attome),Ramis. Finance and
Information Services Department Director LaFrance, Community Development Director Bunch, Public Works
Director Koellermcicr, Streets and 7"ransportation Senior Project Engineer McCarthy,Redevelopment Project
Manager Farrelly, City Recorder Wheatley
STUDY SESSION
• Water Project'1"our: Councilor Webb and Council President Wilson indicated they plan to participate in the
tour on dune 16.
• Nlavor Dirksen requested that Cir\" Council members agree to his reducing his hours for mavoral
responsibilities from 20 to 10 hours per week with a commensurate reduction in pay. He has entered into a
contract for personal employment that he anticipates will last for at least three months. 'There were no
objections expressed to the Nlayor's request. His personal employment contract begins on Juue 14.
Recessed City Council Meeting.
Convene City Center Development Agency Mecting.
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 8, 2010
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City Center Development Agency Meeting
Name Present Absent
Chair Dirksen ✓
Board Nlember Wilson ✓
Board A'lember Bueliner ✓
Board Member 1-1 enderson ✓
Board D4cmber Webb ✓
• City Center Development Agenq- -Review City Center Advison- Commission Recommendation for
Downtown Urban Renewal Relocation Policies — Community Development Department
Redevelopment Project Manager Farrell, recounted that on April 13, lie visited with the City Council about
the possibility of using urban renewal funds to subsidize temporary use fees for special events by existing
businesses in the downtown area. City Center Development Agency- members requested this matter be
reviewed by the Cin- Center Advisory Commission (CCAC). At the A4a)- CCAC meeting, it recommended
against the subsidy and suggested some alternatives. Instead of using urban renewal funds, they suggested
the City reexamine its fees and policies with regard to existing businesses that have temporary special events.
The Cite could make a policy decision to provide a fee exemption or reduction for downtown businesses
that have special events. Redevelopment Project Manager 1-,arrclly listed three options for the Cit, Center
Development Agency's consideration:
1. Approve use of urban renewal funds.
2. Revise the fee schedule so, for example, the first temporary use fee for a downtown business is full price
but subsequent uses would be for a reduced fee if the applicant can show the site plan will be basically
the same.
3. Exempt all downtown businesses froua temporary use charges.
The second and third options would have a minor impact the General Fund.
CCDA members discussed this matter. Board D4ember Webb advised she would like to follow the CCAC's
recommendation. Board n4etnber Wilson agreed with Board Member Webb and said eventually the City
should work on the programming of activity downtown but,'for now, he would rather have the money
spent on capital improvements. Board i\4ennber Buchner voiced her agreement with Board Members Webb
and Wilson. Board Member Henderson commented that there is only one business asking for multiple
remporan, use permits each yearin the downtown. Chair Dirksen said he also agrees with the CCAC
recommendation and that he would like to have funding go towards- capital projects in the downtown area.
One option the City Council might want to consider is to establish a pernnit for recurring events.
Redevelopment Project Manager Farrell, said staff should review any plans to close off or change access-
during
ccessduring events. Mayor Dirksen said his idea world be that the pernnit would be valid for multiple events as
long as the event plans did not change.
Redevelopment Project Manager Farrelly confirtned with the Cit- Council that their preference for Option 2
above.
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• City Center Development Agency -Review City Center Advisorn Commission Recommendation for
Downtown Urban Renewal Relocation Policies —Community Development Department
Redevelopment Project Manager Farrelly reported that the Urban Renewal Plan authorizes the CCDA to
purchase property from willing sellers and it specifies that relocation policies must be adopted. Oregon
State law, ORS 35.500-35.530, governs the relocation, payments and assistance for persons or businesses
displaced that have been displaced by public agencies. He referred to the state law summary information
contained in the City Council packer. The Cir, of Tigard follows these policies when purchasing policies for
roads or parks; although, these polices have not been officially adopted. The City Center Development
Agency, according to the Urban Renewal Plan, must officially adopt a policy. Staff recommends that it be
stated that the CCDA policies shall be consistent with the Oregon Revised Statutes. The CCAC has
endorsed the staff recommendation. The City Attorney has advised that the CCDA could adopt those
policies by reference with any amendments specified. Chair Dirksen said that in reading the statutes, it is
clear that these laws apply when the CCDA approaches the property owner to buy property. Ile said lie
Would assume these statutes do not apply if the property was already for sale. Cit, Attorney Ramis said he
thought Chair Dirksen was correct since usually tenants' leases contain language regarding what will happen
if the property is acquired by the public.
• Discuss Oregon Department of Transportation Variable Message Sign on Pacific Highway—
Public Works Department
Streets and Transportation Senior Project Engineer McCarthy reviewed the plan by ODOT for the variable
message sign with the City Council. The signs are used to let drivers know of construction and
information about the road conditions. One of the target locations for these signs is on Pacific Highwav
approaching Highway 217, 300 feet cast of Greenburg Road (next to a bus stop). There are concerns
about this location, including other activities competing for drivers' attention and the effect if would have
on the desirability of adjacent land.
Council discussion included the following main points:
• Councilor Webb suggested Mayor Dirksen contact Matthew Garrett of MOT.
• Council President Wilson said he talked to Cason Tell of 0DO'1'vesterday. Mr. Tell said no final
decision has been made.
• City Manager Prosser said ODOT had offered to send a representative to tonight's meeting;
however, staff wanted to give Council an opportunir' to discuss first.
• Community Development Director Bunch, in response to a question from Cit'Attorncy Ramis, said
lie was not sure how the sign code regulations might apply. from experience, the ODOT right of
Way has been under ODOT purview. City Attorney Ramis advised lie recently contact the Attorney
General's office to deteirunc if there is law that says ODOT right of Way is exennpt from local land
use processes. The Attorney General did not find any exemption.
• Nlayor Dirksen asked if ODOT might be convinced to move the sign to the other side of 1-1,111
Boulevard, near the Russ Chevrolet area. Streets and 'Transportation Senior Project Engineer
McCarthy said he believed the state was open to considering other locations.
• Mayor Dirksen noted the tremendous amount of work by 'rigard on this section of Pacific Highway
to get it to.function better, while at the same time improving its appearance. 'flus type of sign is in
opposition to these efforts.
• Council ]?resident Wilson said he asked Jason Tell if there is a specific program for these signs.
Wilson said he drives by such a sign almost every day and, on the rare occasion there is a message, it
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 8, 2010
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is to advise of an accident and lie finds it to be a distraction. He questioned the value of these signs.
He would rather see the money be spent elsewhere as the value of the sign when compared to the
detraction of its appearance doesnotequate. Council Webb and Councilor Buehner supported
Council President's Wilson's questioning of the benefits of this type of sign.
• Mayor Dirksen noted there have been discussions about signage for Highway 217. Signs are being
considered that would offer information about travel times and current traffic conditions. These
signs would be about the same size as a speed linut sign. He suggested these are less obtrusive.
Council President Wilson responded he could see the value of these types of signs; that is, signs that
offer the same information all the time so a motorist could check them and evaluate the best route.
• City Manager Prosser checked-in on the discussion,at this point and confirmed that the Council
wants to pursue the MOT proposal for a sign on Pacific 1-lighway.
• Streets and 'i-ransportation Senior Project Engineer McCarthy said this is a rime-sensitive issue
because there is an opportunity to install a conduivfor a sign with the construction project that is
underway. One option would be to explore the location between Hall Boulevard and Highway 217.
Several Council members indicate this would be more acceptable. Mayor Dirksen suggested we ask
CDOT to reconsider this signage issue in light of other signage issues under discussion for Highway
217. He questioned whether MOT staff for these two projects has communicated.
• Streets and Transportation Senior Project Engineer McCarthy said a workshop discussion could be
scheduled. In the meantime, Tigard staff would continue to pursue options with OLllOT.
• City Manager Prosser advised of another issue the City is having with ODO'1'\vith regard to Pacific
Highway. In keeping with the City Council's goal to improve the appearance of Pacific Highway,
Tigard has pushed for tree plantings in a median. The MOT maintenance staff is telling'Figard
they will not allohv'figard to plant trees unless Tigard agrees to take over the maintenance of the
median because ODOT cannot mon- if trees are planted. Councilor Webb commented there are
already trees at this location. City Manager Prosser added that MOT also wanted Tigard to take
over the responsibility of sweeping Pacific Highway. Brief discussion followed about other ODOT
rights-of-way and medians in the region that are maintained and have man trees planted. Powell
B
Boulevard was one example. Cin, 'Manager Prosser said he's asked Assistant Community
Development Director Hartnett to contact the CiuY of Portland to determine what type of
arrangements they have utith MOT.
• In response to a question from Councilor Henderson, Streets and '1'ransportation Senior Project
I nginecr McCarthy advised that"no sign" could be an option. Streets and Transportation Senior
Project Engineer McCarthy said the thought there is substantial benefit to Tigard drivers for a sign
somewhere in this area.
• Discussion followed. Councilor Webb pointed out the limited options for selecting another route if
the sign is located within this area. Councilor Henderson suggested it would Cub,serve as a
courtesy. Councilors Webb and Henderson indicated the\, would say "no" to this sign.
• Mayor Dirksen said Tigard's position could be that we would prefer no sign, but if ODOT presses,
xve could suggest alternate locations. In response to a comment by Councilor Henderson, Streets
and Transportation Senior Project Engineer McCarthy advised these signs are used to post Amber
Alerts.
• City Manager Prosser said staff would invite ODOT staff to attend a future Council meeting.
• Community Development Director Buttch said staff would review the sign code.
• Adininistrative Items: Cit' Council and City Manager Prosser reviewed the following:
• Agenda Item 3.6—See attached for changes to the "Memorandum of Understanding," which has beet)
renamed "Subreeipient Agreement for Public Improvement Projects..."
• Agenda Item 8—Tigard City Council
i Technical Adjustments 1-8 (sent in the 6/4/2010 Council Newsletter)
TIGARD CITY COUNCIL/LCRB/CODA MINUTES —June 8, 2010
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i Technical Adjustment 9 —As of june 8, 2010
• Agenda Item 9 —Tigard Cite Center Development Agency
i Technical Adjustment 1
• Tigard Tualatin Relay for Life— Julv 17-18 (10 a.m. to 10 a.m.) —Tualatm High School Football field.
See attached communication from Julie 1-Iajduk.
• Introduction to Agenda Management Software Application, AgendaQuick—City Recorder Wheatley
reviewed progress in implementing the AgendaQuick software to process the Cite Council agendas and
packets.
• E\ECUTIVtF. SESSION: Not held.
Smd}* Session concluded at 7:20 p.m.
1. BUSINF_SS D4EET1NC
1.1 Mayor Dirksen called the Tigard City Council and Local Contract Review Board to order at 7:30:30
PN4
13 Roll Call
Flame Present Absent
A4apor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
1.3 Pledge of Allegiance
1.4 Council Conununications &Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
2. CITIZEN COMiMUNICATION
7:31:59 13NI
• Debi A4ollahan gave report from the Chamber of commerce. A copy of a Summar' of this report is on
file in the Ciro Recorder's office.
• Citizen Communication—Sign Up Sheet
734:58 PM
✓ Cleon Cos, 13580 SW Ash Avenue,Tigard OR 97223, presented the following testimony:
• Thanked the Mayor for recent"kudos" in die paper.
• Referred to comments regarding revisiting the Ash Street Extension. He said he drought this
matter was settled a long time ago. If discussions are scheduled, he hoped people would be
notified.
• Commented on his opposition to WE''S (high-capacity transportation). He pointed out that this
is not performing as expected.
• He has written to Council President Wilson regarding the discussions for light rail extending
from Barbur to Pacific Highway. Light rad un the region has not worked that well,and cited
increases in crime along the MAX route in Clackamas County.
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■ He questioned whether light rail is needed. It is a lot of money and would include urban
renewal dollars. When urban renewal funds are used, it is at a cost to fire, school, and police
services in the future.
• He hoped that the City Council is looking at the light rail proposals more deeply than what are
has been provided by the administrators. Man),people in the public do not take the time to
voice their opinions to their elected officials.
• He commented on the issues Nvith getting people involved. He suggested work is needed on
to Nveb site and advised lie finds it difficult to detemune how he can send a message to City
Council on the City's web page.
Council President Wilson, in response to an observation by Mr. Cox, advised it's best to address an
email to the Mayor or individual City Council member. All of the Council receive the email, but if a
person is named as the email recipient, that person will feel obligated to respond.
Mavor Dirksen advised that any discussion about the Ash Street (Walnut Street) extension would be
part of the review of the Transportation System Plan,which is currently undeiNvay. City Manager
Prosser advised the Tentative Agenda is now showing a July 20 workshop item for the first City
Council discussion of the Planning Commission recommended Tigard 2035 Transportation System
Plan. A second workshop discussion is scheduled for August 17,2010. Mavor Dirksen advised that at
these workshop meetings the City Council will receive and review reports, ask questions of staff, and
send questions back to the Tigard Planning Commission if clarification is needed.
Mr. Cox asked if people would be notified if changes are suggested for specific areas. Dlayor Dirksen
said that construction projects Would be discussed during the Capital Improvement Program priority-
setting process that occurs each year Nvitn a separate public input process. Council President Wilson
added that the Transportation System Plan is a long-term "wish list" of projects that are not necessarily
funded. 'file Ash Street (Walnut) connection has been in the Transportation Systenh Plan for about 15
years. Tlus connection was included in the Downtown Plan,but because of controversy, it was
withdrawn; however,it remained in the Transportation System Plan. With the update of the
Transportation System Plan, some people are interested in this connection once again. The extension
would be an extensive project and is not funded in any scenario at this time.
Councilor Buehner advised the Transportation System Plan is a state-required Plan with a 50-\-car
outlook.
Mivor Dirksen addressed Mr. Cox's comments regarding high-capacity transit (H0) coming from
Barbur Boulevard to Pacific Highway. Rail is the front-runner for this HCI'project, however, it is not
the only choice. The process is in the very earl stages. 'file corridor is being analyzed in temps of
transportation and,land uses. "these analyses must be completed before any firm decision is made
about what"that kind of transit Nvould look like." Several months ago, stakeholders (business and
property owners) were invited to a preliminary discussion and about 135 people attended. 'file land use
and transportation review processes will take about three years including a citizen input process. The
soonest we could anticipate a final plan that alight lead to construction would probably be a minimum
of ten years.
Nit. Cos said his concern is about the process from the information gathering on to the public hearings.
He said that by the time these types of projects get out to the public, everything is set. The hearings
and What the people to say have no effect. Mr. Cox said we won't need a rail system in this arca for well
over 50 years;buses would do a fantastic job.
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 8, 2010
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7:46:32 I'M
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA: (Tigard Cin•Council and Local Contract Review Board)
3.1 Approve City Council lkIinutes:
a. March 30, 2010
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Appointment ofJohn Stodnnn to I-, rn
ill Remaining Librate Board'I'eu of Resigning Member Karen
Levear and Grace-Amos to Temporarily bill Vacant Seat of Librate Board Member Scott Hancock,
Deployed by the United States Militan� Until May 2011 —Resolution No. 10-25
A RESOLUTION APPOINTING JOl-IN STORI-IM, I.,IBRARY BOARD MEMBF'R,'TO FILL
'I'1-IE REMr\INING 'TERM OP R6SIGNINGDIL NII3ER KAREN 1.,E;A'I ,rAR AND APPOINTING
GRACE AMOS, CURRENT LIBRARY 130ARD AL;'I'F_'RNATI',TO FILL TI IE POSITION
'1'F-nIPORARILY VACATF_'D BY SCO'I-I' l-IANCOCK DUE' TO MILITARY D1-`PLOY1x,IF'NT
3.4 Approve 2010 Application to the Department of Justice for an Edward I3yrne Memorial justice Grant
3.5 Approve Grant Application to the Department of Justice for the Community Oriented Policing
Services (COPS) Hiring Recovery Program Grant.
3.6 Approve-Meiiieratidum of UndersfmidingSub-Recipient Agreement for Public Improvement Projects
with , L_ - Convnu nit, Partners for Affordable Housing
3.7 Approve Borrowing Authority to Finance Road Projects -Res. No. 10-26
A RIiSOLU'170N OF THE CITY OF'1'IGARD,WASHINGTON COUNTY, OREGON,
APPROVING A BORROWING TO FINANCE ROAD PROJECTS
3.8 Approve Budget Amendment#10-03 to Receive Grant Funds for Fiscal Year 2010 -Res. No. 10-27
A RESOL.UTION 'TO APPROVI3 BUDGIE-1-A1N4END1\fILNT#10-03 `1'O RECOGNIZ.L;
RL:CEIPT Oh GRANT RL'VI=.NUTS AND MAKE CORRESPONDING APPROPRIATIONS IN
THE GENERAL FUND AND WA'I ER FUND FOR COMMUNIIY DI�VEL.OPn41:NT,
COMMUNITY SERV ICI=.S,AND PUBLIC WORKS DEPr\R'I'D,IL:NTS FOR FISCAL YEAR 2010
3.9 Local Contract Review Board:
Award Contract for Natural Resource/Planning Consultant to Assist in Developing an
Incentive-based"Tree Grove Presen ation Program
Motion by Council-President Wilson, seconded by Councilor Webb, to approve the Consent Agenda.
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES—June 8, 2010
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
7:49:23 PM
4. PUBLIC HEARING—CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES
SERVICES QUALIFYING FOR STATE SHARED REVENUES
a. Mayor Dirksen opened the public hearing at 7:49:36 PM.
7:49:51 PM
Finance and Information Services Department Director LaFrance presented the staff report and a
PowerPoint presentation overviewing the Budget approval agenda items before the City Council this
evening. The presentation slides are on file with the City Council packet materials pertaining to budget
adoption,Agenda Item No. 8.
b. Summation by Finance& Information Services Department
Senior Analyst Collins reviewed the staff report and the proposed resolution before the City Council.
C. Public Testimony -8:11:14 PM None
d. Staff Recommendation- 8:11:29 PM
Staff recommended that the City Council adopted the proposed resolution.
e. Council Discussion—None
f. Mayor Dirksen closed the public hearing at 8:11:39 PM
g. Council Consideration: Resolution No. 10-28
Motion by Council President Wilson,seconded by Councilor Webb,to adopt Resolution No. 10-28.
RESOLUTION NO. 10-28—A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD
PROVIDES SERVICES QUALIFYING FOR STATE-SHARED REVENUES
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
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5. PUBLIC HEARING -CONSIDER A RESOLUTION DECLARING 1 FIE CITY'S ELECTION TO
RECEIVE STATE SHARED REVENUES
a. Mayor Dirksen opened the public hearing at 8:12:19 PM
b. Summation by Finance & Information Services Department
Senior Analyst Collis reviewed the staff report and the proposed resolution before the City Council.
C. Public Testimony- 8:13:17 PM None
d. Staff Recommendation
Staff reconunended that the City Council adopted the proposed resolution.
e. Council Discussion
In response to a question from Councilor Henderson,Finance and Information Services Department
Director LaFrance advised that the revenues from state-shared revenues comes from the liquor tax. He
identified that 20% of the state liquor tax goes to the state-shared revenues,which local governments
receive if certain services are identified. He said that 14%of the liquor tax goes to the state-revenue
sharing.revenues, and these funds are "general purpose funds" to be used in any wav the local
government sees fit. Mayor Dirksen added that other revenues include cigarette tax, 9-1-1 emergenc}'
tax and state gas tax. Finance and Information Services Department Director LaFrance clarified that
those other revenues identified be Mayor Dirksen do not "play into the state-revenue sharing revenues.
The sharing is apportioned on a per capita basis.
f. Nlayor Dirksen closed the public hearing. 8:14-571')A
g. Council Consideration: Resolution No. 10-29
Motion by Councilor Webb, seconded by Councilor Buchner, to adopt Resolution No. 10-29.
RESOLUTION NO. 10-29— A Rl SOLUTION DECLARING THE CITY'S ELECTION TO
RECEIVE STATE REVENUES
'the motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 8, 2010
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8:15:30 PM
6. PUBLIC HEARING -ADOPT CAPITAL IMPROVEMENT PROGRAM FOR 2010-2015
a. Mayor Dirksen opened the public hearing.
b. Summation by Finance& Information Services Department
8:15:47 PM Senior Analyst Collins reviewed the staff report and the proposed resolution before the
City Council.
8:17:39 PM Finance and Information Services Department Director LaFrance pointed out one
particular program within the Capital Improvement Program, the Pavement Management Program.
Staff distributed and reviewed highlights of a June 8,2010,memorandum from Senior Project Engineer
McCarthy regarding Sheet Maintenance Projects. Finance and Information Services Department Director
LaFrance.
Mayor Dirksen called for questions of staff on this item. He noted that Commercial Street is slated for
an overlay. He said he has some concern that this street be included in the project list during the same
year that Burnham Street is under complete reconstruction. For future discussion,he recommended
that this matter be placed on a future City Council agenda to reevaluate one of those projects and
placing another project in its place until Burnham Street complete. Council members indicated they
agreed with Mayor Dirksen's recommendation. Mayor Dirksen added the City Council will still
consider the proposal before them this evening;a reallocation can occur at another time.
C. Public Testimony- 8:21:58 PM None
d. Staff Recommendation: Staff recommended adoption of the 2010-2015 Capital Improvement Program
as presented.
C. Council Discussion 8:22:13 PM -None
f. Mayor Dirksen closed the public hearing at 8:22:26 PM
g. Council Consideration: Motion
Motion by Council President Wilson,seconded by Councilor Webb,to adopt the 2010-2015 Capital
Improvement Program with adjustments as recommended by staff.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
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8:22:48 PM
7. CONSIDER A RESOLUTION ADOPTING ClTYWIDI: MASTE?R PEES AND CHARGES
SCFIEDULE,WHICH REPLACES RESOLUTION NO,09-44AND ALL SUBSLQUENl'
AMENDMENTS
a. Staff Report: Finance&Information Sen=ices Department
Senior Analyst Collins reviewed the staff report and the proposed resolution before the Cig7 Council.
b.. Council Discussion
Councilor Henderson noted that many fees are proposed to be increased by more than 150% ; most
of the increases are in the Community, Developmcint Department's fees. He said he understood that
changes for some fees; such as Clean Water Services,was out of our hands. Almost every fee is
increasing. Senior Analyst Collins said increases in the Community Development Department area
are based on the construction cost indices and are a way to recapture the costs for providing
planning services. Many of the increases in the planning fees have to do with the information
processing and archiving fee.
Finance and Information Services Department Director.LaFrance addressed Councilor Henderson's
questions regarding increases for retrieval of materials that have been confiscated from the right of
way. These are new or increased charges to remove signs placed in the right of way. Councilor
Henderson said it does not read that way to lain:
City Manager Prosser said sonic jurisdictions charge a surcharge rather than add the information
processing and archival fee to the existing fee. Maine of the changes are because of this
information/archival feealongwith the construction cost indices and adjustments to make sure fees
are adequately recovering costs. Sonic fees did go down.
8:29:43 PM
Community Development Director Bunch addressed the fee for modification to existing signs. "this
is one of the fees staff researched across the region and discovered that the Tigard fees were at the
low end. Our actual costs are much more than the fee charged. The proposed fee increase will
mean the fee will be in an amount equal to about the mid-range of the regional average of what
other jurisdictions are charging.
"there was discussion on the timing of the review to reevaluate and consider changes to the Master
Fee Schedule. This is before the City Council on an annual fiscal-near basis for implementation on
July 1. There was an adjustment to building fees last fall.
NMavm.Diksen noted he appreciated Councilor Henderson's concern regarding the fee increases as
it is difficulrto be continually in a position to raise fees. The increases are because of increases of
costs to the City and, if the fees are not increased to meet associated costs, then the City would be
losing.moncy oil each,permit. Failing to increase the fees would result in a reduction of the City's
ending fund balance. If people who are receiving the service do not pay for it, then all the rest of
the citizens have to pick up the cost. Finance and Information Services Department Director
L.aFrance confirmed for Councilor Henderson that some of the fees are based on construction
indices along with other factors, such as readjusting fees to bring it closer to the niarket average.
T_IGARD CITY COUNCIL/LCRB/CODA MINUTES —June S, 2010
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Councilor Henderson said it is his understanding that the construction index is five 'years in arrears,
so this means' we as we edge forward ih the recession, then the fees should evenmallw decrease.
Finance and Information Services Department Director LaFrance said this night be the case.
Communin Development Director Bunch said the assessment for building permits has declined a
small amount. Most of the fee increases are iclated to the archiving and processing fee that was
added because of the need to meet archiving standards.
Councilor Buehner said it is important that those who use the service pay for the service. Citizens
should not be subsidizing services purchased for development or business. ' flavor Dirksen
commented that despite our best efforts, there is a subsidy taking place. He said lie was involved in
the County-wide process to review the Traffic Impact Fee, which is now going to be a
Transportation Development Tax. When the existing fee was reviewed and compared to the most
recent estimates of what the actual cost of development was, it was discovered that the fee being
charged the developer only covered about 15% of the actual cost. A decision was finally trade to
double the fee, which still means a 70% subsidy.
Motion by Councilor Webb, seconded by Council President Wilson, to adopt Resolution No. 10-30.
RESOLUTION NO. 10-30 — A RESOLUTION ADOPTING THE CITYWIDE IVLASTER FEES
AND CHARGES SCIIEDULF_' WHICH REPLACES RESOLUTION NO. 09-44 AND ALL.
SUBSEQUENT AMENDMENTS TO DALE.
The motion was approved by a majority vote of Cinv Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson No
Councilor Webb Ycs
8:38:31 PM
8. PUBLIC 1-1EARING - CONSIDER A RESOLU'CION OF TI IE CITY OF TIGARD ADOPTING
THE-, BUDGET,MAKING APPROPRIATIONS, DECLARING THE' AD VALORI M TAS LEVY,AND
CLASSIM"ING THE LEVY AS PROVIDED 13Y ORS 310.060 (2) FOR FISCAL YEAR 2010-2011
a. Mayor Dirksen opened the public hearing. 8:38:40 PM
b. Summation by Finance& Information Scnvices Department
Finance and Information Scnvices Department Director LaFrance presented the staff report. By
approving the proposed resolution, the Cit, Council will be adopting the approved budget with the
tcchuieal adjustments as presenteel. Tlnc resolution will allow us to provide information to Washington
Count so that various taxes can be levied and the Cin of Tigard can receive revenues necessmy to
provide services. This allows us to have the appropriations in the multitude of fiords for the City to
provide the services and build the projects needed within the City of Tigard.
City Manager Prosser asked for clarification on the technical adjustments. Finance and Information
Services Department Director LaFrance said there were eight adjustments provided on dune 4, 2010.
The Cit,Recorder received and distributed the ninth technical adjustment to the Cit* Council during
the Study Session earlier this evening. The technical adjustments were available for citizen review at the
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 8, 2010
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back of the room on the podium 1-Ie confirmed for Cite Manager Prosser that the schedule of
appropriations before the City Council is the approved schedule of appropriations. The technical
adjustments will then adjust the approved schedule of appropriations to create the adopted budget.
City Manager Prosser advised the Circ, Council that if it wants to adopt all of the technical adjustments,
the Council will need to amend the schedule of appropriations with the technical adjustments. A
second vote will be needed on the resolution as amended.
*Motion by Councilor Buchner to adopt Resolution No. 10-31 to add the nine technical
adjustments that have been discussed.
mayor Dirksen noted there was a motion on the table. He called for public comment on the budget.
C. Public T'estimonv 8:42:38 PN1 None
d. *Council President Wilson seconded the motion on the table.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
Motion by Councilor Webb, seconded by Council President Wilson,, seconded by Council President
Wilson, to adopt Resolution No. 10-31, as amended.
RESOLUTION NO. 10-31 — A RE SOLUTION OF THE CITY OF T'IGAIM ADOPTING THE
BUDGET, MAKING APPItOPIZIATIONS, DECLARING THE AD VALOM"M 'I'A\ LEVY,
AND CLASSIFYING 'ITIS- LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL. YEAR
2010-11, AS AMENDE,'D
e. i\layor Dirksen closed the public hearing
f The motion was approved by a unanimous vote of Ciny Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
Recess City Council Meeting(Motion by Council)
Motionbv Council President Wilson, seconded by Councilor Webb, to recess the Citi Council meeting. 8:44:33
PM
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The motion was approved by a unatzunous vote of City Council present.
Alayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
Convene City Center Development Agency(CCDA)Meeting;approximately 8:40 PM
• Chair Dirksen called the City Center Development Agency to order.
• Roll Call: Chair and Board Members of Cite Center Development Agency
Name Present Absent
Chair Dirksen ✓
Board Member Wilson ✓
Board Member Buchner ✓
Board Member Henderson ✓
Board Member Webb ✓
8:44:49 PM
9. APPROVE A RLSOLUTiON ADOPTINGTHE FISCAL YEAR 2010-11 BUDGET, MAKING
APPROPRIATIONS,AND IMPOSING AND CA EIGORIZING TAWS
a. Chair Dirksen opened the public hearing 8:45:25 PM
b. Summation be Finance& Information Services Department
Finance and Information Services Department Director LaFrance reviewed the staff report and the
resolution before the CCDA to adopt the CCDA budget. The CCDA is an urban renewal agency
within the Ciry of Tigard. Formation of the district allows the value of the assessed value of the
property be frozen mthin the District. The growth in the assessed value is dedicated to the urban
renewal agency for 20 years. There are two funds_ One is the debt-service fund that collects the
property taxes and pays off debt incurred by the CCDA. The second fund is the capital fund where
projects are identified to improve the district and make downtown Tigard a more attractive place to
come live and do business witlia. The projects, in tum, Help increase the assessed value.
There are three main items that are part of the CCDA budget dus coming fiscal year.
1. A-slate of projects that are intended to improve the downtown"Tigard area.
2. Design elements relating to the Burnham Street reconstruction that were part of the project because
the street is Nvithin the district boundaries.
3. Repayment information and documentation on loans to the CCDA from the City of Tigard.
Finance and Information Services Department Director LaFrance referred to the one technical
adjustment noting itwas a "carry forward" of appropriations.
C. Public Testimony -8:50:55 PM None
d. Staff Recommendation: Adopt the proposed resolution.
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C. CCDA Discussion - None
f. CCDA Consideration: Resolution No. 10-01
Motion by Board Member Buchner, seconded by-Board Member Webb, that the CCDA amend
Resolution No. 10-01 to add the technical amendment staff presented to the CCDA.
The motion was approved by a unatmnous vote of City Center Development Agency I3oard Members
present.
Chair Dirksen Yes
Board Member Wilson Yes
Board Member Buchner Yes
Board Member Henderson Yes
Board Member Webb Yes
Motion by Board Member Wilson, seconded by Board Member Webb, that the CCDA amend
Resolution No. 10-01 to add the teclmical amendment staff presented to the CCDA.
Chair Dirksen closed the public heating. 8:52:05 PM
CCDA RESOLUTION NO. 10-01 — A RESOLUTION ADOPTING THE FISCAL YEAR 2010-
11 BUDGET, MAKING APPROPRIATIONS,AND IMPOSING AND CATEGORIZING
TAXES, AS AMENDED WITH 1"H F TFCT-INICAL ADJUST'ME'NT
The motion was approved by a unanimous rote of City Center Development Agency Board Members
present.
Chair Dirksen Yes
Board Member Wilson Yes
Board Member Buchner Yes
Board Member Henderson Yes
Board Member Webb Yes
8:52:36 PM
10. RJ--,'VIEW AND APPROVE THE FY 2010-11 DOWNTOWN RI DF.VLLOPJA,ILN'I'WORK PLAN
Redevelopment Project Manager Earrelly presented the work plan to the CCDA members, as detailed in the
staff report on file with the Council packet meeting materials.
1hc.proposcd matrix of the work plan was reviewed and approved by the City Center Advisor
Comm ssion at its May 2010 meeting.
Motion by Board Member Wilson, seconded by Board 1\1ember Webb, to adopt the work plan.
The motion wasapproved by a unanimous tote of City Center Development Agency Board Members present.
Chair Dirksen Yes
Board Member Wilson Yes
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Board Member Buehner Yes
Board Member Henderson Yes
Board Member Webb Yes
9:02:22 PNI
Motion by Board Nlenhber Webb, seconded by Board Member Buchner, to adjourn the City Center Development
Agencv
The motion was approved by a unanimous-vote of Cit' Center Development Agency Board Members present.
Chair Dirksen Yes
Board Mcmber Wilson Yes
Board Member Buelmcr Yes
Board Member Henderson Yes
Board Member Webb Yes
Nlayor Dirksen reconvened the Citv Council meeting. 9:02:25 PM
9:0?34 PNI
11. HEHARIN,G —CONSIDER REMOVAL OI' PLANNING COMMISSIONER REX CAFFALL
a. City Manager Prosser presented the staff report,including the following:
• Last month staff solicited from each of the Planning Commission members the topics they would
like to discuss or cover as the Conmhission proceeded with its review of the Transportation System
Plan.
• One of the alternate members of the Planning Commission made some suggestions for topics.
Planning Commission Caffall took exception to those suggestions and sent an email to the alternate,
which was also copied to the Planning Commissioners. That email was intemperate, could be
considered abusive and,possible threatening.
• hh response to the email, Planning Commission President Walsh contacted Couhnussioner Caffall
and asked him to apologize to the alternate and the rest of the Planning Commission
Commissioner Caffall declined to do so.
• Subsequently,Planning Commission President Walsh requested that Commissioner Caffall resign
from the Planning Comnussion.
• Staff brought dus to the attention of the City Council and this matter was discussed during the May
25, 2010, Cin, Council Studv Session. Council authorized the iMavor to send a letter to
Commissioner Caffall supporring President Walsh's request for his resignation. If Mr. Caffall chose
not to resign, the City Council would schedule a hearing to consider his continuation on the.
Planning Commission.
• The Tigard Municipal Code provides that this type of hearing can be held in an EXCCntiNT Session
unless the individual involved would prefer a public hearing. Commissioner Caffall contacted the
City and stated he preferred this matter be addressed in a public hearing.
• The question before the Cit,T Council is, Doer Me email and subsequen/ by Commzrrrouer
Crr11WI rue to lbe ki el o f mi.vcondud.j11. ib ing his remo wl from lbe Planning Coonnis ion?
Cine Attorney Ranus provided information regarding Code requirements and process:
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■ 'The Code provisions at issue in this matter are found,in Section 2.08.030 of the Tigard Municipal
Code. These provisions are not extensive. Removal is based upon the standard of misconduct and
that deternimation'can.only be made after a heating. This is the time for the hearing.
• Misconduct isnot defined by the Code,but in-other jurisdictions where the issue has been taken up
and litigated, the standard has been held to be broad and to leave in the hands of the decision-
maker broad discretion to define die behavior that constitutes misconduct. Cases also say that
conduct needs to go beyond mere ignorance and that the conduct must relate to official duties.
• The Council's obligation now is to ltear.an}' testimony that is presented to resolve amY factual
disputes and then to make a determination as to whether the facts meet the standard of misconduct
according to the judgment of the City Council.
b. mayor Dirksen opened the public hearing.
C. Pesti pony
Comments by Cite Council members were called for by Mayor Dirksen.
Councilor Webb said the City Council came into possession of the email when President Walsh asked
for Commissioner Caffall's resignation. At that time, the Council had the opportunity to read the
comments and to await Commissioner Caffall's decision regarding whether lie was going to resign.
Councilor Webb said she personally was offended by tine email noting that she believes if she had sent a
similar communication she would have been instantly removed from any of the committees she serves
on. She said itis clear that you do not threaten or use the type of language that would make someone
uneasy or afraid to go out of their house. She asked the Mayor if he would write a letter and she
believes the other City Council members supported this request. The Mayor sent tine letter to
Commissioner Caffall who then requested a hearing.
Council President Wilson advised he served as,the Planning Commission Chair for a number of years.
There are always many different personalities and people have a different way of expressing themselves.
He said his impression of Commissioner Caffall's email was similar to the unpression expressed by
Councilor Webb. It is fine to disagree, even vehemently, about.a substantive issue; however,lie said the
disagreement should never resort to personal attacks on another Commission member ora member of
the public. Council.President Wilson said it is his understanding that people who know Mr. Caffall and
his sense of humor might have received a different impression of this email. However, so much
conunumcation is non-verbal and in the"age" of email,a written message might be received differently
than the same words cormnunicated personally-because of the absence of the non-verbal cues;i.e., a
smile. It's important when writing emails to be careful with the message you send. The subject email
goes well beyond what is acceptable from one of our City's boards or commissions.
Councilor Buchner said she agrees with the statements made by Councilor Wcbb-and Council President
Wilson. She served for three years with Mr. Caffall on the Planning Commission before being elected
to,the City Council. During that three-year period, Mr. Caffall made statements to her she felt were
abusive and hurtful. She said she spoke.to him about these statements at the time to let him know she
did not think this was appropriate behavior. It appears drat the inappropriate behavior continued.
Councilor Buchner noted it is pannful to reach this kind of assessment,but she feels she has no choice
at this point.
Councilor J-lenderson advised lie is not acquainted with Mr. Caffall. He attended his first Planning
Commission last tight and he observed a synergy among the group,which included some humor being
shared among the members. He said he feels that Mr. Caffall,over the last six years, has become more
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of a force with the Commission and night have believed he had certain rights. Councilor I lenderson
said lie appreciated Mr. Caffall's conunents.indicafing his remorse in his letter to the Planning
Conunission. He commented on the nature,of eniails and how a message can be misunderstood. He
said lie looks forward to hearing from Mr. Caffall as lie has,not heard his side on this matter.
Mayor Dirksen asked Mr. Caffall to come forward and address the Ciry Council. NIL. Caffall distributed
a copy of his prepared istatenient,which is on file with the Council packet meeting materials. He said he
has served on die Planning Commission for six years in a voluntary position with the City. Mr. Caffall
read his statement. He concluded his comments by saying:
I am disappoinled.in some&.spec/s lhalyou,all d the wayyon do, bal I can underva d lbal poailion. I ani
ming A leane'yron with a Binger King crown thalyoa tar pass arwnd and connate each olber a:rjmn.ree fit.
And, quite frankly, if lbeir'r anybody, and.l inspect lheie s or one or two lbal rnighl Lane the same cense of
bnmor,joiynn all7%lleevv yon a lube of Preparation 1-1. And, in those marls of)obmy Paycheck,yon can lake
the porilian and slai#'#.. Tbankyou ivy lvild)for bemzng fine., I appretiale it.
Mr. Caffall left the meeting.
Mavoi Dirksen asked if there was anyone present who wished to speak in Mr. Caffall's behalf.
Carohvn Barkley spoke. Ms. Barkley serves on the Citv Center Advisoty Commission.
Commissioner Barkley said she had not intended to speak on Mr. Caf all's behalf and said she does
not even know him. She said she has been involved with the Planning Commission over the last
year and has attended a number of meetings. She indicated her surprise when she heard of this
matter because after her experience in attending Planning Commission meetings she had never seen
any indication that Commissioner Caffall would be an issue. She agreed with Councilor
Henderson's observation about ennils and how they can be inisunderstood. She referred to her
participation on the City Center Advisory Commission and said she tends to "act out...I tend to get
myself in trouble with other commissioners." She has served on the City Center Advisory
Commission since its creation and noted that over the years she has said things that were not
appreciated.
Commissioner Barkley attended last night's Planning Commission meeting and was troubled with
what she heard; if fact, it is one of the reasons why she felt she should speak in defense Me Caffall.
At the Planning Commission meeting, the question was asked, "What's there to go downtown fox?"
One of the Commissioners responded, "Well, to=gct a haircut." Another said, "Well, that and
Tyler's Automotive." Commissioner Barkley said that every time this question is asked and it gets
televised or repeated, it sounds as if there is no reason to go downtown Tigard until it is
redeveloped. She said she has a business on Main Street and is struggling with her business. She
continually gets the feeling that they do not matter in downtown Tigard because each time that
comment is repeated, the sentiment is reinforced-.
Commissioner Barkley said Mr. Caffall has worked a long time with the Cite. Being a volunteer is
not always easy. It takes a lot of time and hard work. She said it would be appropriate to ask him to
behave better and it would be appropriate to ask her to behave better. Removing him in this
manner is harsh.
In response to Council President Wilson, Commissioner Barkley said she did.read Mr. Cnffall's
etnad,and "itwa's horrible. But, some of the things I've said have been horrible, too."
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Mayor Ditksen said he wanted to respond to Commissioner BarkleY's comments about statements
made,regarding the downtown. He commented he goes downtown all of the time— to the post
office, the Chinese restaurant, the brew pub, the jeveln� store, the Italian restaurant, the WETS
station, and for a haircut. He noted he has had heated discussions on matters with Commissioner
Barkelj; however, he never felt intimated by her and her comments. The comments made by Mr.
Gaffall were likely to intimidate the member to which the email was addressed as well as the other
Commission members. It seemed reasonable that the Commission members could be concerned
that in the future, if-thev were to air a view that Mr. Caffall opposes, then would they subject to the
same address and verbal or email attack. That being the case, that concern would color their ability
to take part on the Commission and freely air their views and concerns.
Commissioner Barkley>said Mayor Dirksen's comments were well taken; however, she did not
believe that anyone on the Commission believed his life was in danger. She clarified she did not
think the behavior of Mr. Caffall was acceptable and she is not defending his behavior. She said, "I
just,thoughtit nugbt be not a bad idea to consider a reprimand of sort and to get some kind of
policy in order ..."
9:27:29 PM
Councilor Henderson said that he thought that Mr. Caffall had effectively resigned when he had
made his final statement and left the meeting. He questioned if any further action was needed.
Mayor Dirksen asked City Attorney Ramis if Mr. Caffall's remarks and actions could be interpreted
as a resignaation? City Attorney Ramis said it could be interpreted as a resignation; however, it was
ambiguous as to what he meant. Mayor Dirksen said that be thought that, for the record, the Ciry
Council should consider the resolution to determine whether or not the majority of City Council
supports removal of Mr. Caffall from the Planning Commission. In response to a question by
Councilor Henderson, Mavor Dirksen said that Mr. Caffall's response could seem ambiguous
because the did not actually say, "I resign," and it could not be accepted as a formal resignation.
Council President Wilson added that when Mr. Caffall had been asked to resign, lie refused.
Councilor Henderson indicated.he was "pretty sure that's what he said." Mayor Dirksen said based
on Mr. Caffall's comments on leis "own verbal repartee, I don't know. Mavbe that's part of it. I
tlhnhk he could conic back and argue that that's what he was doing again."
Mayor Dirksen said the City Council should shake a formal decision. Councilor Henderson
indicated he would abstain.
Mayor Dirksen asked if there was anyone else Present who would like to speak.
N'layot Dirksen said it was unfortunate that tlus has happened and it has come to this point He said
he wishes Mr. Caffall had seen fit to apologize when lie asked. But, with it being brought to this
point, he said he continues to support the request of the Chair to ask for Mr. Caffall's resignation.
Motion by Councilor Webb, seconded by Mayor Dirksen, to adopt Resolution No. 10-32.
RESOLUTION NO. 10-32 — A RESOLUTION RE,MOVING REX CAPt1LL FRONT TI-IF
TIGARD PLANNING COMMISSION FOR MISCONDUCT PER TIGARD MUNICIPAL
CODE 2.08.030
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9:30:28 PM
The motion was approved by a majority vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Abstain
Councilor Webb Yes
Council President Wilson suggested that a Code of Conduct be developed for Boards and Committees.
City Manager Prosser advised that this was discussed at an Executive Staff meeting earlier today and he
followed up on that conversation with Mayor Dirksen at noon. There are two staff people working on
a draft. The matter will be scheduled for a review at a Workshop Meeting and then bring it before the
City Council for final adoption. City Manager Prosser said it will take staff awhile to prepare the draft.
Mayor Dirksen said the City Council has groundrules that act somewhat like a Code of Conduct;
however, if the Council is going to adopt a Code of Conduct and enforce it for Boards and
Commissions,then it should apply to the City Council as well.
12. COUNCIL LIAISON REPORTS: None
13. NON-AGENDA ITEMS: None.
14. EXECUTIVE SESSION: Not held.
15. ADJOURNMENT
9:32:07 PM
Motion by Councilor Webb, seconded by Council President Wilson,to adjourn the meeting.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
06-66 4::��
J,1
tmfi
Brine V eatley, City Recorder
Attest:
zf- �5�� e
City
[offTigard
Date: -f ' /A -(. a0 /0
1A\ADM\CATHY\CCM\2010\100608 final.do
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