City Council Minutes - 07/13/2010 s City ofTigard
• Tigard Business Meeting - Minutes
TIGARD CITY COUNCIL
MEETING DATE/TIME: July 13 ,2010/6:30 p.m. Study Session and 7:30 p.m. Business
Meeting
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard,OR 97223
Mayor Dirksen called the meeting to order at 6:30 p.m.
Council Present:
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Webb ✓
Staff Present: City Manager Prosser,Assistant City Manager Newton,Community Development
Director Bunch,Assistant Community Development Director Harnett,Public Works Director
Koellermeier,Parks Facilities Manager Martin,City Engineer Kyle,Assistant to the City Manager
Mills,Management Analyst Wyatt,City Attorney Ramis,City Recorder Wheatley
STUDY SESSION
1. Consider Recommendations of Park Acquisitions for the Bond Election
Park and Recreation Board Chair Jason Rogers and Board Member Troy Mears were
present. Also present were Bob Betcone and Josh Alpert from the Trust for Public
Lands.
Public Works Director Koellermeier introduced this topic.
Councilor Henderson reviewed his proposal for a second bond measure for future
incorporated Tigard areas.A copy of his outline is on file with the packet materials.
Councilor Henderson said he spoke with City Manager Prosser and it appears that it is
feasible for the City to purchase land outside of city limits. The areas identified for
future parkland needs were the Durham,Metzger,West Bull Mountain,and
unincorporated islands inside Tigard city limits areas. He acknowledged that he has heard
a couple of people say that having this second bond measure as a proposal is confusing;
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however,he thinks it's a matter of selling and explaining the idea. He suggested the park
bond be considered before this second measure is put forward. He said support of this
proposal would show those in the unincorporated areas that the City of Tigard is a team
player. The PRAB voted on this proposal;one member voted no and another abstained.
Council President Wilson said that this is a good idea noting that,with voter support,
Metro has done similar actions and purchased land outside of the Urban Growth
Boundary. He said,however,he is concerned about timing and whether now is the time
to consider offering this second measure. Council President Wilson noted his concern
about the City's proposed bond measure as he thinks $17 million is a high number;he
would be more comfortable if the bond was for$15 million. Consumers are unhappy
about spending right now. There is not a lot of pressure on land to be developed outside
the Urban Growth Boundary and if we waited a couple of years,it is likely the land would
still be there.
Council President Wilson noted that if the bond measure for the City's parks and open
spaces fail,we would not be going out again for awhile. He said he wants to make sure
that we give it our best,most concerted effort. Another issue with looking at purchasing
parkland in the unincorporated areas might communicate that the City thinks we have a
claim on some of the unincorporated area because the concept planning is occurring now.
There might be sensitivity and we need to carefully think about how and when we
proceed. We do need to make sure that we get ahead of development,but at this time
he said he did not see development being imminent and he would rather concentrate on
getting this one piece done before we take on that challenge.
Councilor Henderson agreed"we need to do a better job than we did last time."
Councilor Buehner referred to the City's purchase of parkland outside of the City of
Tigard in the mid- to late-1990's (Cache Creek property). This turned out to be a"major
mess"within the context of the Bull Mountain annexation proposal. She said she did not
want to put the City in that kind of situation again for the reasons raised by Council
President Wilson.
Councilor Henderson commented he has long heard that parks were an issue for the
unincorporated Bull Mountain area. Councilor Webb pointed out if the City proceeded
with Councilor Henderson's proposal,then the unincorporated residents would not be
paying for the parks—City of Tigard residents would be paying with no guaranty that
those areas will eventually come into the City of Tigard. After a brief discussion with
Councilor Henderson,Councilor Webb said she did not think that"this Council, for
the...foreseeable future will talk about annexation...as a citizen of Tigard,I would be
outraged to be paying for parks for people who aren't going to have pay for them."
Councilor Henderson said that would be the case only if was assumed they would not
annex. Council President Wilson observed the land could be"banked"and then sold
either to developers or to the entity that takes over later and he did not think that was a
bad idea. Councilor Webb questioned whether it would be confusing to have two parks
measures on the ballot.
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Mayor Dirksen said buying land outside the City is a good idea. The Cache Creek
property was a sensitive issue during the Bull Mountain annexation proposal;however,it
worked out in the end. He added that if opportunity arises in areas around the City,
which we could reasonably expect to annex,he would not be opposed to purchasing
parkland with the proposed$17 million bond measure if approved. Mayor Dirksen said
his major concern would be putting both measures on the same ballot. The $17 million is
not adequate; however,it is a sufficient beginning and is all that our citizens can afford at
this time. When the economy picks up,there might be an opportunity to ask the voters
to consider an additional amount to pick up what we were unable to purchase now. He
said he supported asking voters for the$17 million.
Councilor Henderson said he believes that the two ballot measures going together now
would help pass the larger request for$17 million for parks and open spaces.
At the request of Public Works Director Koellermeier, City Council discussed the
wording for the ballot title and text. Key points included:
• The original tide focused on clean water. The Council would prefer the focus be
on providing parks and protecting open space in the City. If the language could
be crafted to say that this includes riparian corridors that will persevere water
quality in the streams that would be a good message.
• The focus is on purchasing land for the future to secure for public domain and
should be the primary component of the ballot title and the description.
Trust for Public Lands Representative Josh Alpert agreed with the points made by the City
Council,which included Councilor Henderson's proposal. TPL,in its survey, tested the
concept of buying land outside the City and it did not test well this go around;it has tested
better in the past. Right now,the citizenry is focused on Tigard. Placing two ballots on at
the same time might be confusing and,typically,when the voters are confused,then they
vote no on everything.
Mr. Alpert commended PRAB and the Council for the current ballot title and text. It
appears to address what voters indicated they wanted last time;i.e.,more specificity and a
greater case statement for need. He agreed with Council President Wilson that a$15 million
bond measure proposal would be better but it is still viable at$17 million. We can make the
case that this is a very different measure than last time. TPL is prepared to move forward.
In response to a question from Council President Wilson,Mr.Alpert elaborated that he
thought$15 million was a more round number,but that$17 million would not make that
much of a difference to the voters. Council President Wilson indicated he was still
concerned about the higher number and preferred to be more conservative. Mr.Alpert said
this would be a decision for the City Council rather than a TPL recommendation. The new
package that PRAB has prepared shows there is something to be offered in every quadrant
of the City. He reiterated that TPL is comfortable at either$15 or$17 million.
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After brief City Council discussion,Council President Wilson continued to prefer the $15
million figure while the consensus of the remaining City Council members was for$17
million. Council President Wilson said that the Council and those involved with this ballot
title need to do a better job of getting the word out and making the need understood
including the importance of timeliness.
Councilor Webb suggested the City Council members contribute to paying for and creating a
supporting statement for the Voters Pamphlet. Discussion followed about what City
Council members could do to support the ballot measure.
City Manager Prosser summarized that the plan is to bring the ballot measure before the City
Council for its consideration on July 27,2010.
2. Discuss Development of Code of Conduct for Elected Officials and Appointed
Board/Committee/Commission Members
Assistant to the City Manager Mills reviewed the staff report,which included samples of
codes of conducts from other cities.
Staff heard from the City Council that they wanted a code of conduct for themselves as
well as appointed officials of boards, committees and commissions. The preference of
the City Council was for the code of conduct to be more friendly in tone,rather than
regulatory.
Three areas were reviewed:
A. Themes—reviewed by Management Analyst Wyatt.
The trend for codes of conduct is for a friendly tone rather than regulatory in nature. He
suggested a focus around the Core Values of the City. (Do the Right Thing;Respect and
Care,Get It Done) Mr. Wyatt reviewed his suggestions for formatting the Code of
Conduct.
• Councilor Buehner noted her preference for the City of Crestwood format.
• Council President Wilson said he would like the Code to be concise;i.e.,bullet
points.
• Councilor Webb noted also the need for clarity so it is interpreted consistently.
• Council President Wilson said the Code,if reduced to a bullet-point format,could be
used as a tool during training with more elaboration. Other City Council members
said they thought it would be better to have the bullet points be listed during
training,with the Code being more elaborate.
• Mayor Dirksen and Councilor Webb indicated they preferred the City of Glendale's
format. Discussion on the pros and cons of this format followed.
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• Councilor Henderson said there should be short-and long-versions of the Code of
Conduct. He offered that the Code should indicate responses to deterioration of
conduct—what would happen if inappropriate behavior occurs.
• Management Analyst Wyatt suggested drafting the two versions (short and long) for
the Code of Conduct. One version could list the Core Values with several bullet
points under each value statement.
• Council President Wilson said that Glendale's Code appears to be more applicable to
the City of Tigard. However,a lot of Glendale's Code would not apply to boards
and committees. He suggested a resource for board and committee members
regarding how to get along with each other in their official capacity. Mayor Dirksen
noted agreement in that it might be better to have a Code for the City Council and
one for boards and commissions because of differing circumstances.
• City Attorney Ramis noted that some of Glendale's points deal with ethical conflicts
and matters that are regulated by other means. He suggested that the Code should
not get into those areas. In addition,City Attorney Ramis said that the Santa Ana
Code of Ethics had a good section on respect for fellow elected and appointed
officials as well as staff and the public.
• Councilor Buehner noted she has some concern about conflict of interest issues.
jShe said this should be covered. Assistant to the City Manager Mills suggested a
reference could be made to the fact that there are Ethic Rules to be followed.
B. The Code of Conduct will apply to both the City Council and the City Center
Development Agency.
C. Process Guidance—sanctions for City Council members and removal of board and
committee members.
• Assistant to the City Manager Mills suggested the Code be less specific rather than
detailed. For example if there is a problem then the process would be first to work with
the Board Chair. She said changes to process would be proposed for the Tigard
Municipal Code with amendments to current procedures as stated for the Planning
Commission. Removal of a member would be under the purview of the City Council.
• In response to a question from Assistant to the City Manager Mills,Mayor Dirksen said
that the Code of Conduct for Boards and Committees should be shared with the Chairs
and their comments solicited. The City Council would then review and adopt the final
Code of Conduct.
3. Administrative Items were reviewed by City Manager Prosser:
• Vacation Plans through September 2010—City Council members were asked to notify
staff of plans.
• Current Council Groundrules were distributed,which will be discussed at an upcoming
City Council meeting.
• July Calendar
o July 20,2010 -Workshop Meeting-6:30 p.m.
o July 27,2010 -Businesss Meeting- 6:30 p.m.
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• An Executive Session will be held after tonight's business meeting to discuss the review
of the City Manager.
Study Session concluded at 7:21 p.m.
7:30 PM
1. BUSINESS MEETING
1. Mayor Dirksen called the meeting to order at: 7:31:27 PM
2. Roll Call
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buehner ✓
Councilor Henderson ✓
Councilor Webb ✓
3. Pledge of Allegiance
4. Council Communications&Liaison Reports
Mayor Dirksen reported that JPACT passed the flexible funds portion of the MTIP for
2013-2015. The decision was for 75% of the funding to be directed to active transportation
projects (bicycles,pedestrians);the remaining 25%would go towards the "green initiative"
to address freight bottlenecks throughout the region. This is a departure from the past in
recognition of economic needs and to operate the transportation system more efficiently. In
response to a question from Council President Wilson,Mayor Dirksen advised MTIP funds
are state funds distributed to the region and are distinct from other transportation funds in
that there is no requirement that the funds be used for highway projects. This money comes
from the state's budget,but Mayor Dirksen said he did not think it was specifically from gas
taxes.
5. Call to Council and Staff for Non-Agenda Items
City Manager Prosser called attention to the fact that there will be an Executive Session after
tonight's business meeting.
7:33:57 PM
2. CITIZEN COMMUNICATION
• Citizen Communication—Sign Up Sheet
Ronald Blodgett, 13754 SW Benchview Place,asked the City Council to reconsider closing
the City facility room rentals for the public. Mayor Dirksen acknowledged this was reviewed
during the budget process. Staff had considered several options to determine how this could
function without it being a cost to the City. Mr. Blodgett indicated he outlined some ideas
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he had regarding the room rentals and he has talked with staff. Council consensus was for
staff to revisit the issue for renting the rooms to the public and to review the suggestions
made by Mr. Blodgett. Councilor Webb asked staff to determine what the actual charges
would have to be for the rooms to recover costs. City Manager Prosser advised staff had
reviewed the costs,which included a portion of the utilities and janitorial services. Public
Works Director Koellermeier will provide this information to Mr. Blodgett. Mayor
Dirksen asked if staff could review Mr. Blodgett's idea that the reason the costs were so high
was that there were many staff involved and that there might be a more efficient way to do
this. Mr. Blodgett said there are no additional costs for the rooms whether they are closed
or open. Councilor Webb pointed out there is a need for extra janitorial service,staff
checking room users in and out,etc. Mayor Dirksen agreed there are costs associated with
renting the rooms;however,perhaps there is a way cut costs.
7:38:46 PM
Mayor Dirksen the following Consent Agenda items:
3. CONSENT AGENDA:.
1. Receive and File:
a. Council Calendar
b.Tentative Agenda
2. Provide Worker's Compensation Insurance for Volunteers for 7/1/10 through 6/30/11
RESOLUTION NO. 10-35 -- A RESOLUTION EXTENDING CITY OF TIGARD'S
WORKERS' COMPENSATION COVERAGE TO VOLUNTEERS OF THE
CITY.
3. Revise City Council Member Stipends, Superseding Resolution No. 08-63
RESOLUTION NO. 10-36—A RESOLUTION ESTABLISHING CITY COUNCIL
MEMBER STIPENDS,SUPERSEDING RESOLUTION No. 08-63
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Motion by Councilor Buehner,seconded by Councilor Webb,to approve the Consent
Agenda.
The motion was approved by a unanimous vote of City Council present. (Mayor Dirksen
abstained from voting on Item No. 3.3—Resolution No. 10-36)
Mayor Dirksen Yes (abstained from voting on Item No. 3.3 above)
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
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7:39:45 PM
4. INFORMATIONAL PUBLIC HEARING-APPROVE FORMATION OF THE
SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 (LOWER CHERRY DRIVE)
• Mayor Dirksen opened the public hearing.
• Hearing Procedures—This is an informational public hearing in which any person shall be
given the opportunity to comment. The formation of the reimbursement district does not
result in an assessment against the property or lien against the property. (TMC 13.090.050
(hearing on City Engineer's Report) and TMC 13.09.1053 (final hearing)
7:40:17 PM
• Staff Report: Community Development Department
City Engineer Kyle presented the staff report noting that as a result of testimony received at
the July 24,2007 City Council meeting, four lots were removed from Reimbursement
District No. 44. This proposed Reimbursement District No. 48,will provide a sewer
connection to those four lots removed from District No. 44. The project is an expensive
one and the lots in this area are large. Representatives from all four properties attended a
May 3,2010,neighborhood meeting and were generally in favor.
• Public Testimony: None
• Council Comments
o Councilor Webb noted the responsiveness of the City to those four properties
included in this district.
o Mayor Dirksen said the remaining areas of the City not served by sewer are more
challenging,which means more expense. He said it was good the City was in a
position to help residents be able to connect to sewer if that was their desire and was
pleased to support this proposed district.
7:45:16 PM
• Mayor Dirksen closed the public hearing.
• City Engineer Kyle recommended that the City Council approve the resolution.
• Council Consideration:
Motion by Council President Wilson, seconded by Councilor Webb,to adopt Resolution
No. 10-37.
RESOLUTION NO. 10-37 --A RESOLUTION ESTABLISHING SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 48 (SW LOWER CHERRY DRIVE)
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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
7:46:18 PM
5. CONSIDER AN ORDINANCE UPDATING TIGARD MUNICIPAL CODE (TMC) 15.20
STREET MAINTENANCE FEE
City Attorney Ramis commented on process and procedure. He advised that some or all of the
City Council members might own property in the City. If so and your property is affected,then
it is important that the City Council members so declare.
Mayor Dirksen declared that in addition to his residence he has two rental residential units;
however,this would not affect him any differently than any other landlord.
Councilor Webb declared that she runs a non-profit organization that pays the street
maintenance fee;however this will not affect her decision.
Councilor Henderson declared he owns an office complex. Mayor Dirksen noted this would not
place him with a benefit or detriment differently than any other property owner in the City.
7:47:54 PM
Public Works Director Koellermeier presented the staff report. The issue before the City
Council is an ordinance that amends an ordinance adopted by the City Council last fall. As staff
worked through the street maintenance fee implementation,it was discovered that commercial
property,in particular,posed a matter to be addressed with regard to vacancies. The proposed
ordinance addresses the matter and allows staff to deal with partially vacant commercial real
estate.
In response to a question from Councilor Henderson,it was clarified that two copies of the
proposed changes to the Municipal Code were attached to the agenda item summary. One of
the attachments to the staff report is the clean copy of the revised proposed Code language
(Exhibit A) and the other attachment is a marked up version showing what would change from
the current section of the Code.
Motion by Councilor Buehner,seconded by Councilor Webb,to adopt Ordinance No. 10-08.
ORDINANCE NO. 10-08 - AN ORDINANCE UPDATING TIGARD MUNICIPAL CODE
CHAPTER 15.20 STREET MAINTENANCE FEE
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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
7:52:44 PM
6. UPDATE ON BURNHAM STREET AND CAPITAL IMPROVEMENT PROGRAM
Engineering Manager McMillan reviewed a Construction Update slide presentation,which is on
file in the City Council meeting packet. The new Burnham Street project is on schedule to be
completed by June 2011.
A discussion with the City Center Advisory Commission on this Burnham Street project is
scheduled for July 14,2010.
7. COUNCIL LIAISON REPORTS -None
8. NON AGENDA ITEMS -None
8:03:29 PM
City Manager Prosser read the statement for the Executive Finance Director Session.
9. EXECUTIVE SESSION:The Tigard City Council went into Executive Session at 8:09 p.m.
under ORS 192.660(2) (h) and (i) to discuss potential litigation with legal counsel and to review
and evaluate performance of the city manager.
10.ADJOURNMENT–8:45 p.m.
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Catherine Wheatley,City Recorder
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Mayor, City oOrTigard
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