City Council Minutes - 06/22/2010 a
a
' City of Tigard
Tigard Business Meeting — Minutes
TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD (LCRB)
& CITY CENTER DEVELOPMENT AGENCY (CCDA)
MEETING DATE/TIME: Junc 22, 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
Mavor Dirksen called the meeting to order at 6:30 p.m.
City Council and City Center Devclopment Agency members present:
Name Present Absent
Mavor/Chair Dirksen ✓
Council President/Board Member Wilson ✓
Councilor/Board Member Buehner ✓
Councilor/Board Member 1-Icnderson ✓
Councilor/Board Member Webb ✓
Staff present: City Manager Prosser, Assistant Citv Manager Newton, Councilor Buchner,
Redevelopment Project Manager Parrellv, City Recorder Wheatley. City Attorney Ramis arrived at
6:38 p.m.
The City Center Development Agency meeting convened into an Executive Session:
• CITY CENTER DE\7ELOPNIENT AGENCY f4XECU'flN7E SESSION: The 'Tigard City
Center Development Agency went into Executive Session at 6:31 p.m. for real property
negotiations under ORS 192.660(2) (c).
City Center Development Agency Executive Session concluded and Cit' Council Study Session
reconvened at 7:16 p.m.
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STUDY SESSION
• Administrative Items
o Review Form for Cite Manager Annual_Performance Review
Cin, Manager Prosser said that Human Resources Director Zodrow was available
for discussion on this item. Cite Council members indicated there was no need
to discuss the form for the review as they would be using the same format that
was used for the last review.
After discussion, the performance evaluation would be scheduled for the last
business meeting in July. Human Resources Director Zodrow will compile the
individual input from both the City Council and Executive Staff.
o Review New Council Mecting Tentative Agenda Format
City Manager Prosser and City Recorder Wheatlev referred to the new Tentative
Agenda Format. City Recorder Wheatley reviewed the form, pointing out the
new features.
Study Session concluded at 7:24 p.m.
1. BUSINESS MEETING
1.1 Mavor_Dirksen called the City Council, Local Contract Review Board, and City Center
to order at 7:33:54 PM
1.2 Roll Call:
Name Present Absent
Mayor/Chair Dirksen ✓
Council President/Board Member Wilson ✓
Councilor/Board Member Buchner ✓
Councilor/Board Member Henderson ✓
Councilor/Board Member Webb ✓
13 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
7:34:38 PM
2. CITIZEN COI\INIUNICATION
• Citizen Communication—Sign Up Sheet—No one signed in to speak.
• Follow-up to Previous Citizen Communication: None
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7:35:13 PM
3. PRESENTATION OF AWARD TO "IF I WERE MANOR" STUDENT CONTEST
WINNER
Mayor Dirksen presented a $50 gift card to John Marsh, a 5"grader at Alberta Rider Elemcntan,
for his uvumig poster entry in the 2010 Oregon Mayors Association "If I were Mayor..."
student contest.
4. HONOR TIGARD HIGH SCHOOL MEN'S TRACK TEAM FOR WINNING THE 2010
OREGON SCI-TOOL,ACTIVITIES ASSOCIATION (OSHA) STATE TRACK AND PIrLD
CI IAMPIONSI IIP
Tigard High School Alen's Track Team won the 2010 Oregon State Track and Field
Championship. No members of the team were present. Ma}'or Dirksen acknowledged and
congratulated the team.
7:39:3713M
Mayor Dirksen reviewed the following Consent Agenda items:
5. CONSENT AGENDA: (Tigard City Council and City Center Development Agency)
5.1 Approve City Council Minutes:
a. March 23, 2010
5.2 Approve Tigard Senior Center Lease Renewal
5.3 Authorize the Mayor to Sign an Application for Oregon Pedestrian and Bicycle
Program Grant Funds
5.4 City Center Development Agency: Adopt Relocation Policies for the City Center
Urban Renewal District—CCDA Resolution No. 10-02
5.5 Adopt Collective Bargaining Agreement between the City of Tigard and SEIU
503/OPEU Local 199, and authorization for the City Manager to Sign — Resolution
No. 10-33
IZESOL.UTION NO. 10-33 — A RESOLUTION ADOPTING A NEW
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF'
TIGARD AND SEIU 503/OPEU LOCAL 199 AND AUTHORIZING THE CITY
MANAGER TO SIGN
Motion by Council President Wilson, seconded by Councilor Webb, to approve the Consent
Agenda.
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
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7:41:03:PM
6. PUBLIC HEARING —hISCAL YLAR 2009-10,SUPPL,EMENTAh BUDGET
AMENDMENT—R1:COGNIZING S3,250,000 IN BOND PROCEEDS FOR THE
PACIFIC HIGHWAY/GREENBURG ROAD/IVLAIN STREET INTERSECTION
CAPITAL 1 NIPRONTEMENT PROJECT
a. Mayor Dirksen opened the public hearing.
b. Summation by Fiance& Information Services Department
Finance and Information Services Department Director LaFrance presented the staff
report;the written sunmman-is on file with the Council packet meeting materials for this
agenda item. The resolution before the City Council represents about one-half of a
bond the City finalized on June 21, 2010 for 57,250,000 to fund the hVo major projects
referenced in the agenda item title above. Approxunately $4 mullion will go towards the
Burnham Street construction. The remaining$3.25 million will fund the
Greenburg/Pacific Highway/Main Street Intersection.
Fnnanee and Information Services Department Director LaFrance said the resolution
before the City Council is for the Greenburg/Pacific Highway/Mann Street Intersection
project. He referred to a discussion more than year ago during the Budget Committee
hearings about the need for bonding for these two,projects. This was discussed again
during the most recent Budget Cormnittee meetings. Because the project is also being
managed by Washington County in conjunction with another project, there is a need to
do the bonding now.
Finance and Information Services Department Director LaFrance summarized that the
Burnham Street portion of the bond will be repaid xvith gas tax funds. The Pacific
1-lighway/Grcenburg/Mann intersection bond will be paid for out of the City gas tax.
Essenrially the proposed resolution would mean that the City would be borrowing
against the future City gas tax revenues.
Finance and Information Setvices Department Director l,.aFrance said that, by law, the
City Council does not have to approve this action through a supplemental budget
procedure. The City Council can expend bond proceeds in the fiscal year received;
however, Finance and Information Services Department Director LaFrance said he felt
it was prudent thing to set up the resolution and go through the supplemental budget
process to recognize the revenue this fiscal year. This would make fora "cleaner audit'
when the books are closed on Fiscal Year'10.
In response to a question from Councilor Buchner, Finance and Information Services
Department Director LaFrance advised that this is a 10-year bond. He explained the
options available within this bond,which is essentially a bank loan. The City will pay
less than 3 percent interest and save the City more than $60,000. The payments are
scheduled on a straight ten-year amortization with payments due every six months.
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C. Public Testimony: None. 7:48:20 PM
d. Staff Recommendation: Finance and Information Services Department Director
LaFrance recommended adoption of the supplemental budget amendment.
e. Council Discussion: None
f Mayor Dirkscm closed the public hearing. 7:48:59 PM
g. Council Consideration: Resolution No. 10-34
7:49:02 I'M
Motion by Council President Wilson, seconded by Councilor Webb, to adopt
Resolution No. 10-34.
RESOLUTION NO. 10-34—A RESOLUTION TO ADOPTTHE FY 2010
SUPPLEMENTAL BUDGET,AND R6.COGNIZE THE $3,250,000 IN BOND
FINANCING POR THE PACIFIC HIGHW2\Y/GRHENBURG ROAD/MAIN
STREET INTERSECTION CAPITAL. IMPROVEI\IENT PROJECT
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
7:49:50 PM
7. IDENTIFY PRELIMINARY LEGISLATBIE, PRIORITIES FOR THE 2011 OREGON
LEGISLATIVE SESSION
Management Analyst Wyatt presented the staff report The League of Oregon Cities requested
Tigard's input on the LOC's legislative platform. This platform is summarized in the Council
packet meeting materials on file for this meeting agenda, including the proposed legislative
agenda as priorit7ed by the City ofTigard's Executive Staff.
In addition to submitting input on the LOC priorities, the City will produce its own priorities.
Councilor Buchner commented on the Finance and Taxation Committee items. Someone
needs,to facilitate the process of gettitng out information regarding the need to overhaul the
state's tax system. There has been a lot of discussion and com r-ittee work at tine state level,but
it has not percolated down to cities and counties. It was the strong consensus of the committee
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that this was important and LOC should look at taking the lead to get the process started;i.e.,
come up with some talking points that can be used by local governments all over the state.
Mayor Dirksen said there was only one item lie promoted to the League of Oregon Cities that
did not make the state's priority list. This item has to do with an issue that has come up with
our partnership with Lake Oswego pertaining to cut and fill permits. The Administrative Rule
is being interpreted so that the only people who can apply for a cut or fill permit are the owners
of property. The problem is that you might not want to purchase property if you cannot obtain
a cut and fill permit. In the past,you world apply for the permit first and,if it was approved,
then you would move ahead with the purchase. League of Oregon Cities was asked to take up
the banner to go to the legislature to get the interpretation changed. LOC opted not to do so
because they said it was not a statewide issue.
Council president Wilson said-there had been interest in the past by some legislators of
overhauling the Oregon Department of Transportation (OD01). 1-le said lie does not know if
this still a_possibility,but given that we are quite impacted by ODOT, the City of Tigard would
be interested in the outcome of such an overhaul. Council President Wilson said he would be
interested to learn if this was still of interest.
Management Analyst Wyatt said it will be an interesting session with the gubernatorial race
along with the state budget issues. On Friday, the Governor will release his list of core services.
Cit>Attorney Ramis comnnented on the issue of the cut anld fill permits. It is possible that the
Special Districts Association would be interested in that legislation if it were crafted to say that
jurisdictions xvith condennnation authority were exempt from the requirement. The rationale
being that you know you could acquire the property.
Councilor Buchner suggested another choice might be to have language in the legislation to
provide that an entity would meet the standard to obtain a cut and fill pernut if it had an option
to purchase the property. Management Analyst Wyatt referred to the extensive preliminary
work by Lake Oswego to draft the legislation that was put forward to LOC. Lake Oswego is in
a holding pattern at this time and was interested in hearing the City of Tigard's opinion on this
matter. Mayor Dirksen said lie was certain that this topic will be on the agenda for an
upcoming Tigard/Lake'Oswego joint City Council meeting.
7:56:59 131\4
Mayor Dirksen said he recommended a change from the priorities recommended by Executive
Staff. Executive Staff recommended the following receive special attention:
1. Seek additional funding, efficiencies and program support for multi-modal transit
and rail projects.
2. Resolve the disconnect between the Transportation Planning Rule and other
statewide land planning goals.
Mayor Dirkscn said,in his opinion, 1'igard's fust priority should be No. 2 above. This is a
much larger issue to address and needs our energy. With City Council's approval, the Mayor
said he would recommend changing that priority.
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Management AnalYst Wyattadvised that State Representative Doherty hosted a Town Hall
meeting-last week with State Treasurer Wheeler. This was an informative, non-partisan forum.
There were will be two more Town Hall meetings, June 29 and July 14.
8:00:27 PM
8. DISCUSS DRAFT WEST BULL MOUNTAIN CONCEPT PLAN
Community Development Director Bunch and Associate Planner Floyd presented this agenda
item�to tine City Council. Community Development Director Bunch introduced with the
following key points:
• Approximately three years ago,Washington County began work on concept planning for
Areas 63 and 64,west of Tigard. This planning was shelved for about a year and half to
address the urban and rural reserves process.
• The project was taken up recently. It appears completion of a public review draft of the
concept planning for West Bull Mountain, Areas 63 and 64 is imminent.
• The issue before Cin,Council tonight is to determine if the City Council wishes staff to
bring back information so Council can develop a position on this plan.
• The West Bull Mountain Concept Plan originallv included about 500 acres. Now, the plan
includes an additional 212.acres. This additional Area is what Tigard has identified as its
urban reserve area. Metro and Washington Countv decided this area needed to be included
as part of the urban growth boundary study,which Metro docs every five vears.
• The reason this issue is before the City Council tonight is because urbanization of this area
would have profound impacts on the Cith of Tigard. If the City Council wants to act on
this matter this evening, the staff can prepare a work plan and schedule. The Ciry Council
m ghtwant to include the Planning Commission in determining a recommendation.
• The Concept Plan will have to be adopted by both Washington Counn,and Metro
consistent with Metro's Functional Plan,"Title 11 that peitains to concept planning.
• Staffs reconnnendation to the Citv Council is that the City needs to review this matter and
ultimately take a position to be represented to both Metro and Washington County as they
go through the hearing processes.
Councilor Buchner noted that most of the land added had been in Area 63 and was deleted at
the last urban growth boundary expansion process. One parcel in Area 64 was eliminated and
she wondered if this 31-acre parcel should be added back_ This parcel is along Scholls Fenj
Road. Community Devcloprnent Director Bunch said this could be a recommendation to take
forward from the City Council. Mayor Dirksen said he would not oppose having this parcel
included.
Mayor Dirksen said one of his major concerns is for die City's infrastructure should high-
density development be inplenicnted. He asked if there was any calculation on population or
number of households. Con mumity Development Director Bunch advised that such
calculations have been made and said that the concept planning is quite detailed. There are
between 4500—5000 units proposed for this area,which translates to 10-14,000 people. The
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concept planning effort is detailed in terms of identifying the transportation system and the
impacts to the transportation system. A conceptual sewer system,storm drainage,and water
system have been laid out along%vith a series of parks, open spaces,and trails. Tine Concept
Plan has to develop an operating and maintenance costs schedule; that is, how much most be
paid in system development charges and what xvill the ongoing costs be for urbanization.
Mayor Dirksen asked if public safety and street maintenance costs have also been calculated.
Cormmunin, Development Director Bunch advised that,yes, those costs have been included in
the concept plan. The significant issue about thus area is governance. This matter is one that
Metro takes quite seriously and is part of the Title 11 Functional Plan requirements that must be
answered;i.e.,who will govern this area and pay for and assure that the infrastructure is
managed. Mayor Duksen said these are also his concerns as well quantifying trip generation
because of the impact on arterials that currently serve the Cite of Tigard (Barrows Road,Scholls
Ferry Road,Beef Bend Road, and I3ull Mountain Road). Community Development Director
Bunch added that Durham Road and Pacific Highway are also of significant concern.
Council President Wilson observed that this extends and intensifies the process that has been
going on for years of the "density dumping" on the edges of the urban growth boundary. He
described how he would prefer the more dense areas be shown for downtown Tigard and the
Triangle. There is no transportation infrastructure for higher densities "on the edge." He
commented there are many parks shown but no park provider is named. Community
Development Director Bunch said the governance provider was addressed as a political issue
that can be resolved later. Council might want to address the timing for adoption as proposed
by Metro and Washington County.
Councilor Buchner said-Roy Rogers Road was theoretically supposed to be the replacement for
rine Westside Bypass. She said she was concerned that if there is a trennendous amount of
density and comimmml development close to Scholls Ferry,we would defeat the purpose of
Roy Rogers Road,which was to provide a relatively quick;easy north/south transportation
modality. There have been discussions about other transportation options that are not
discussed within this plan. Community Development Director Bunch said Tigard staff did an
in-depth analysis of the transportation plans and there are concerns throughout on the arterial
and collector system as well as for local streets. This is a significant issue that Tigard and
Sherwood have with the transportation system.
Councilor Webb asked if the design is to be an extension of Tigard or was it designed to be a
stand-alone community. Community Development Director Bunch said t1tis a difficult
question. Councilor Webb said as she looks at this plan;it does not appear that it could stand
alone and,yet, it isnot a good extension of the City of Tigard. Community Development
Director Bunch said there are four factors that the City Council might want to consider:
1. Effects on the overall transportation system.
2. Type of land uses—is there a better place to locate density (near services)
3. Employment—is there access to commercial, schools and other services
4. Governance
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Cornnnunity Development Director Bunch said that in,evaluating the plan, the City Council
might find there are significant concerns with-its.lack contiguity to a logical governance
provider,which is Tigard. We all have concerns with unincorporated urban development and
how it would function well over the long term. This might be a consideration the City Council
desires to have brought forward and backed -,vith specific findings.
Council President Wilson.asked if this plan would be difficult to change once adopted by the
County and Metro. Comtnunity Development Director Bunch said the Countv would need to
Change its Comprehensive Plan to designate the densities and the transportation system as part
of its TSI'on its regulatory map. It would be difficult to change;however, the adoption process
is an opportunity for local jurisdictions that would be affected by this to weigh in. This plan
had considerable momentum in 2003/2004. The time to participate and recommend changes is
now. Once adopted,We would have a hard time changing itespecially if the governance issue
was not resolved. Council President Wilson said it appears that the expectation is that a service
provider would `just pop up"and the provider might be the City of Tigard, and yct,we are not
"really at the table." He said he does not see where anyone is listening to T-igard's concerns.
Tigard is the only entin, that has water available. A stalemate xvill be created if a plan is adopted
that is not acceptable to the'Cir y of Tigard. Comma niry Development Director Bunch advised
that the City of Tigard was at the table at the technical advisory committee stage (one of about
avenue-five members on the committee). It was difficult to change the direction as just one
emit}, oftwenty-five. Council President Wilson pointed out that Tigard is not just another
entity. If the assumption is that the provider will be Tigard,it might be time to assume
something else.
Community Development Director Bunch expressed the concern that the governance issue was
not addressed at all in the begriming. It is unfortunate that one of the most important elements
was not addressed because it was sidelined as a political consideration with no place in
developing the technical aspects of the concept plan. It is frustrating to see it develop with the
sense of momentum towards completion. Waslnngton County staff and the consulting team
have worked hard to get the plan to this stage. However,without considering that the.question
ofgovemence, it becomes `just another concept plan without considering who would provide
services..."
In continuation of the discussion pertaining to governance, Mayor Dirkscn referred to the
unanswered questions regarding who will buy the park land,build collector streets, plant trees
and then make sure the infrastructure is maintained. He wondered if the assumption is that the
County will somehow do this. Mayor Dirksen said the only reason local governments exist is to
provide services. If no one is identified to provide the services, then all you have fox a plan is a
"pretty picture."
Councilor Webb recalled that when the annexation discussions for Bull Mountain were
Underway,one of the benefits offered to the residents was to transfer as much density as we
could into the downtown and other areas of h'igard. She wondered if people from Bull
X'Jountain-hAve knowledge of the density that is now being planned for the area. She said that
transferring the density would still be a good option;however, she did not know if the County
would be willing to consider this. Community Development Director Bunch said it was
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difficulttoraise this issue during the planning formulation because this issue touched on
governance andwasnot entertained for a topic of conversation. He agreed that if the
governance issue had been addressed at the start; then the concept plan might have been
different. Councilor Webb asked if there would be a way to approach the COLIMA' to allow the
plan to stand as it is, but if those properties come into Tigard, then the density could be moved
to other parts of the Ciry. Communio- Development Director Bunch said this could be part of
the conversation if the City Council develops the position on the concept plan.
Community Development Director Bunch said when the downtown vision planning was done,
it was determined that an additional 2,000 units could be placed in the downtown. During the
Pacific Highway ndsion for 2,000+ acres,a substantial amount of medium of and high density
residential could be added within close proxinuty of future light rail and meet housing needs for
this region. Councilor Webb advocated for this position to be presented to the County.
Council President Wilson said he thought the only way for this proposal to work would be for
developers to induce residents to conic into the Ciq> of Tigard so "we could get out there."
Councilor Buchner said there is a developer who is interested. Mayor Dirksen said this
developer cannot wait, if"lie wants it to happen, he's going to have to make it happen"
Everyone is waiting for someone else to do something.
Cotntnwiity Development Director Bunch asked if the Council wants staff to develop a set of
presentations/nrformation to bring forward to the Cite Council in preparation for a position
statement on the detailed concept plan. Mayor Dirksen said that if this area is goring to develop
outside the City of Tigard;where we have little influence over many of the impacts it will have,
then we have concerns with the level of density. Council President Wilson added we have
concerns on the impact to the transportation infrastructure,which has no additional capacin.
Councilor Buchner noted there is no employment planned in the concept so people would stay
in the area to work. Mayor Dirksen said no mused-use zonesare planned,which means that
vn
eeryoe who lives in tine area will have to go somewhere else to be employed.
Community Development Director Bunch said one of the issues we might wish to address in
the long term is that Tigard is doing a considerable amount of work to acconanodate economic
activity and new housing in the appropriate placeslinside Tigard: dcminown,along Pacific
I-lighwav,and within the Triangle. Should development of the area in the concept plan be
considered in the short temp when the density could be accommodated by Tigard.
In response to a question for clarification from Councilor Henderson,Community
Development Director Bunch advised that thus area was brought into the Urban Growth
Boundar}' in 2002. Metro has a requirement that it be planned to a high level of detail. In 2004,
Washington County began the process. When Washington County became involved in the
urban alnd-coral resen,e planting process in 2007,work stopped on this plan. Now that the
urban and rural reser-NTe process is done, this was started up again with the focus for completion
by,the end of 20.10. This is the first time that Connmunity Development Director Bunch has
Seel) the plan at this level of detail. Mayor Dirksen said a lot of what is shown on the maps now
was translated-ilito a visual concept that had only existed previously in written/dialogue form.
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Councilor Buehner said her issue is the lack of planning for an employment area. This is
basically another suburb area and we need to start looking at areas that provide employment so
people do not have to drive. Community Development Director Bunch agreed that the plan is
an automobile oriented,commuting project and at a level of density where transit might not be
feasible.
Consensus of City Council was to proceed as Community Development Director Bunch has
proposed.
9. COUNCIL LIAISON REPORTS
10. NON-AGENDA ITEMS
11. EXECUTIVE SESSION: Not held.
8:31:20 PM
12. ADJOURNMENT
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
Catherine Wheatley, City Rec der
Attest:
Mayor,City�oof Tigard
Date: % • 14 Q n )0
I:AAVMVCATHYVCCM\2010\IIN1622 6nal.doc
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