CCDA Minutes - 04/19/2005 Agenda Item No. y� )
For Agenda of June 14, 2005
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
APRIL 19, 2005
1. WORKSHOP MEETING
1.1 Mayor Dirksen called the meeting to order at 6:30 p.m.
1.2 Council Present, Mayor Dirksen; Councilors Harding, Sherwood, Wilson,
and Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: None
1.5 Call to Council and Staff for Non Agenda Items
Mayor Dirksen said he would be attending the Prayer Breakfast on April 5 at
7 a.m. Councilors Woodruff and Wilson said they might attend as well.
2. UPDATE— COMMUNICATION/CITIZEN INVOLVEMENT
Assistant to the City Manager Newton presented the staff report on this agenda
item. Packet materials included a memorandum dated April 4, 2005, from Ms.
Newton to the Mayor and Council regarding the City's communication and citizen
involvement programs.
Ms. Newton reviewed with the Council the Focus on Tigard program. She reported
that little public comment has been received on this program; however, City
Council meetings appear to be popular. She suggested that presentations, similar
to the Focus on Tigard, could be done at City Council meetings. Features could
be edited out of the City Council meeting tapings and replayed as feature
programs.
There was discussion on the "TVTV Bulletin Board Announcements." Ms. Newton
suggested that the announcements that are made during the monthly Focus
programs could air on the TVTV Bulletin Board. In addition, she noted that
Planning Commission and Hearings Officer meetings could be aired. Councilor
Harding said she has heard the comment that the CP04B mailings are showing
more information on land use than City of Tigard publications.
City Council discussed and then agreed to the discontinuation of regular Focus
programming as was suggested by Ms. Newton. Councilor Wilson noted he would
like staff to maintain their television programming skills. In the future, video
broadcasts would be a good way to communicate with citizens on the City's
website. There was a suggestion that two-to ten-minute news stories be recorded
and aired on TVTV.
COUNCIL MINUTES —APRIL 19, 2005 page 1
Consensus of the City Council was to proceed with the staff recommendation,
beginning July 1, 2005.
There was discussion on obtaining survey information to determine what viewers
are watching. Interim City Manager Prosser noted that Councilor Harding is the
liaison to the Metropolitan Area Communications Commission (MACC) and she
might want to approach MACC about such a survey. Discussion followed about
obtaining citizen input. Mayor Dirksen suggested that highlights of other boards
and committee meetings could be aired rather than showing an entire meeting.
Ms. Newton reviewed the changes in the Cityscape newsletter, which included
announcements of various City-related meetings and a feature article each month
on a Council goal. Ms. Newton said the "Did you Know" section of the Cityscape
has proven to be popular. She also noted a special section for volunteers has
been added.
Ms. Newton advised that Citycape sizes are as follows: two 12-page editions; two
4-page editions; and the remaining editions consist of eight pages. In the budget
proposal for the next fiscal year, staff recommends the Cityscape be published
every month.
Information published in the Cityscape is also posted on the City's website.
Periodically, staff investigates whether it would be cost-effective to publish
Cityscape on the website with a direct mailing to those residents who do not have
Internet access.
Ms. Newton reviewed the Community Connector program. She introduced the
following Community Connectors: Basil Christopher, Stacie Yost, and Teddi
Duling. Ms. Newton presented information on a proposed enhanced community
con nectorslneighborhood program. This program could provide neighbors
information about land use, CERT training, school connections, Neighborhood
Watch, and identify Community Assessment Program liaisons (to address
neighborhood issues), clean up days, and give input on capital improvement
program projects. Two open houses were held to introduce the neighborhood
program. Attendance was somewhat disappointing; but, those who attended
indicated they liked the idea of a neighborhood-based program and the elementary
school boundaries for the neighborhood areas were a good idea.
Ms. Newton reviewed the timing for implementing the new neighborhood program.
She advised that a boundary review would be completed by the end of July.
Boundaries would be adjusted so approximately 1200-1400 people would be in
each area. The neighborhood program would not be meeting based; rather, there
would be a steering committee with liaisons identified to assist people when needs
COUNCIL MINUTES—APRIL 19, 2005 page 2
arise or if there is an issue. During discussion it was noted that each
neighborhood could have its own webpage.
Ms. Newton advised that if Council accepts the neighborhood program concepts
recommended by the Citizens for Community Involvement (CCI), a pilot program
would be initiated on July 1. Boundaries would be further refined and three or four
neighborhoods identified to work through details and to test the concept with
adjustments made as appropriate. There will be a report to the City Council at the
end of the year with the "kick off' for the new program scheduled for January 2006.
Mayor Dirksen said it appears the neighborhood program concept was on the
"right track," but said there was a lot more work to be accomplished. He
suggested that the boundaries not be fragmented.
Councilor Wilson said the concept was good and liked establishing boundaries
based on school attendance since people often already know each other. He
noted the challenge would be to overcome apathy. He suggested that a member
of each neighborhood area serve on the CCI.
Councilor Woodruff said 12 neighborhoods would be a manageable number. He
suggested polling information be gathered to determine if the boundaries drawn
seemed logical to those who reside in the areas identified.
Assistant to the City Manager Newton said she would continue to work on this
program as outlined.
Police Department Information Officer Wolf and Web Page Manager Soares
reviewed a potential program to share statistical information with the public on the
City's website. Mr. Wolff said he routinely spends a number of hours responding to
inquiries about quality of life issues/activities within neighborhoods. There is a
program that would enable people to access information from the City's website to
see what kinds of activities were occurring in their neighborhoods, such as:
burglaries, auto theft, and assault. Mr. Soares reviewed with Council two options —
one which was a "static" method to present crime data and the other option would
be interactive. The example that was shown to the Council represented the last
nine months of City data. The cost for interactive software was $10,000 with a
maintenance fee of$2000 per year.
Councilor Wilson noted he would be concerned about whether people would have
a good frame of reference as to what was occurring elsewhere when mapping
crimes for a particular neighborhood. Mr. Wolf said comparative numbers could
be incorporated to avoid misconstruing the information. It was noted that
Washington Square has shoplifting issues, which affects the crime rate not only for
that area but statistically for Tigard as a whole. Police Chief Dickinson
acknowledged that statistics are subject to interpretation. Mr. Christopher noted
COUNCIL MINUTES--APRIL 19, 2005 page 3
that these types of statistics would serve those who already reside in Tigard.
Assistant to the City Manager Newton said this would be a good tool for
Neighborhood Watch.
Interim City Manager Prosser said that if the City Council wanted to continue to
explore this program, it was not in the proposed budget.
3. JOINT MEETING —COMMITTEE FOR CITIZEN INVOLVEMENT (CCI)
CCI members present: Basil Christopher, Teddi Duling, Stacie Yost.
Community Development Director Hendryx reviewed the staff report on this
agenda item, which included a brief review of the history of Tigard's citizen
involvement program. The CCI had become inactive in recent years. In January,
the City Council adopted a resolution broadening the role of CCI and increasing
the membership to include representatives from all active City boards and
committees.
CCI's responsibilities include evaluating all City communication and public
involvement activities.
The purpose of the discussion tonight was to provide an opportunity for CCIand
Council to discuss the new Neighborhood Program and other citizen involvement
and communication topics.
CCI members were invited to share their ideas about the citizen involvement
activities. Ms. Yost said she has found it both enlightening and frustrating when
attempting to outreach to the public. She said she hoped the Neighborhood
Program would help and thought this would be a good start to improve
communication with City residents.
Ms. Duling said she supported using school boundaries to identify areas for the
Neighborhood Program.
Mayor Dirksen said he looked forward to having all members of the named and
appointed.
Councilor Sherwood noted the work to be accomplished for the Comprehensive
Plan update and it would be important for the CCI to be involved.
Councilor Woodruff acknowledged Ms. Yost's assistance as the facilitator for the
Council's Fifth Tuesday meetings.
Councilor Harding offered some ideas about a citizen survey to find out what
citizens want including instituting performance measures and assigning a
COUNCIL MINUTES—APRIL 19, 2005 page 4
neighborhood liaison to individual Council members.
4. REVIEW— POLICIES AND PRACTICES FOR ACQUIRING PARK LAND AND
OPEN SPACES
Public Works Director Koellermeier reviewed the staff report on this agenda item.
In response to the 2005 Council Goal to identify and acquire park land and open
space, staff reviewed current City policies to determine if these policies support the
Council goal to acquire land. Staff identified the following issues for Council
discussion and direction:
a. Does the City have the authority to purchase land outside the City limits?
b. What is the City's policy/practice on purchasing land outside the City limits?
c. Is the granting of SDC credits an administrative act or a matter for Council?
d. Discussion of criteria matrix to evaluate park and open space dedications by
developers.
The staff report contained in the Council meeting packet included the City
Attorney's opinion on the above issues. The Attorney advised the City has the
authority to purchase land outside city limits. With regard to the question on SDC
credits, the Attorney opined that SDC credits are usually granted administratively
without Council approval; however, staff asked for confirmation from Council to
determine if Council desired to keep this as an administrative function.
Councilor Wilson asked if the City could purchase property with park funds and
then later, if it was determined the City wanted to buy park property elsewhere, sell
the property to buy another piece of land for a park? Interim City Manager Prosser
said this could be done under certain circumstances, depending on how the
transactions were accomplished. He cautioned that Internal Revenue Service
regulations would need to be considered. Interim City Manager Prosser noted
State law would govern how SDC dollars are to be spent.
Councilor Wilson commented on the past City policy to purchase park land only if it
was located inside city limits —this was shortsighted. As a result, no park land has
been set aside on Bull Mountain. If property is acquired by the City on Bull
Mountain, but then this area does not come into the City, he would want the option
of selling the property to purchase other park property for Tigard.
Councilor Woodruff agreed he'd like to have flexibility with regard to reselling
property. He referred to a recent discussion during a Fifth Tuesday meeting about
the Park and Recreation Advisory Board's discussions on potential park properties
and spending City money on property outside the city limits. He heard that there
was concern that all park money was going to spent on Bull Mountain and that this
was a "done deal." He said PRAB would benefit from Council direction on this
matter. He would like to be able to say that if there are equal opportunities, do we
COUNCIL MINUTES —APRIL 19, 2005 page 5
have some parameters of how the money should be spent; i.e., if there are equal
opportunities should it be said that 50 percent of the money available should go to
buying property within the City and 50 percent out of the City? If PRAB was given
that kind of direction, it would help them to know how to allocate and prioritize the
funds.
Mayor Dirksen referred to the City Council discussion during its goal setting and he
recalled City Council was amenable to considering properties regardless of
whether the property was in or out of the City. He said this was a new proposal
with regard to the request for a Council decision on a percentage of funds to be
spent in or out of the City.
Councilor Woodruff referred to criticism whereby some people were saying too
much was planned to be spent outside the City, while some others think that's
where the park land deficiency is and that's where the money should be spent. He
suggested the Council give general direction to assist PRAB as this Board
.develops recommendations about how available funds should be spent if there are
opportunities to buy land both in and out of the City.
Public Works Director Koellermeier noted park property purchases are
complicated. For example, some potential park property is publicly owned (Water
District property). Acquisition of this land can be accomplished through inter-fund
loans that are repaid over time. It was possible to build a park acquisition proposal
by identifying unique funding strategies for each property.
Interim City Manager Prosser agreed with Public Works Director Koellermeier that
flexibility is needed when purchasing land, as it is not known what land will become
available at any given time. Interim City Manager Prosser said he thought he
heard Councilor Woodruff asking whether there was a general preference to serve
the existing city over and above the future city— or vice versa? Is this something
that the City Council can tell staff now, or should the City Council, as it did during
the goal setting, direct staff to consider opportunities for the entire area.
Councilor Harding suggested looking at areas that are most underserved. She
said she attended a PRAB meeting and it appeared that the Board members were
under pressure regarding where dollars should be spent. She spoke to involving
citizens and focusing on areas that are underserved. She said that coming up with
a "formula" might prove to be difficult. Park land on Bull Mountain could also
serve people who live in Tigard.
Councilor Wilson suggested the Council consider establishing principles to help
staff and the Park Board take advantage of opportunities as they arise.
Councilor Sherwood commented in support for flexibility to take advantage of
those instances when good park land property becomes available either in or out
of the City_..the City needs to be able to "move on it."
COUNCIL MINUTES—APRIL 19, 2005 page 6
Councilor Woodruff agreed the "principles" or "parameters" should be flexible. He
noted the Park Board needs something from the Council so they can proceed. He
said the Board is receiving criticism and, as policymakers, the Council needs to
give the Board some general direction.
Councilor Wilson suggested that the overwhelming majority of funds for park
development should be going to those who are paying to "foot the bill." However,
the City ought to look to the future as much as possible for those areas that might
become park deficient when it becomes part of Tigard. Councilor Wilson said
consideration needs to be given as to where the money is coming from. Existing
neighborhoods should not be "shorted"to fund future growth as this is what SDC
money is for. Councilor Wilson suggested the principle could be stated that:
General Fund monies are to fund purchases within the City boundary and SDC's
would be to fund growth. He noted the City has some "catch up to do" and
referred to the Parks Master Plan that shows areas that are underserved.
Mayor Dirksen said, when looking at underserved areas, property within the urban
services boundaries should also be considered. In addition, Mayor Dirksen noted
the City should take advantage of opportunities to purchase parcels that are of
some size as opposed to very small parcels. The smaller parcels he said are. less
useable. Councilor Sherwood commented that the smaller parcels also become
"maintenance nightmares."
Councilor Harding suggested it might be a good idea to consider purchase options
to lock in the price on properties and maximize dollars. Interim City Manager
Prosser agreed that purchase options would be a good tool for the City to use.
Interim City Manager Prosser summarized what he had noted as Council direction:
• General Fund money should be used to support purchases within the City
boundary;
• SDC's should be used to fund growth;
• Priority to be given to park deficient areas regardless of whether the
property available for purchase is in or out of the City limits;
• Allow for opportunities to purchase larger parcels rather than small, if there
is equal opportunity.
Councilor Wilson noted the Council had not discussed buying property for later
development. He asked if there was a sense that property was getting so
expensive and disappearing so quickly that there should be some land banking?
Other Council members commented they supported land banking.
Public Works Director Koellermeier noted there are some potential properties that
are already in public ownership. The cost of acquiring these properties would be
COUNCIL MINUTES —APRIL 19, 2005 page 7
nominal, so the decision will need to be whether the City wants to develop these
parcels into parks. These parcels are all currently located within neighborhoods.
Public Works Director Koellermeier noted all these decisions will come back to the
City Council for its consideration and approval. He noted he was asking for early
direction so staff does not bring to City Council items that are not consistent with
overall policy direction.
Interim City Manager Prosser said the questions of whether or not to develop a
parcel might be dependent on whether the property is located in or out of the City
since there would also be consideration for maintenance costs once the land is
developed. Park maintenance is funded through the General Fund.
Councilor Woodruff said he thought the Council was looking primarily at
purchasing open spaces and land banking, rather than for development at this
time. Several City Council members noted their agreement.
Interim City Manager Prosser noted that direction from previous councils regarding
not purchasing property outside the boundary was a practice that was not stated
formally. Interim City Manager Prosser suggested it would be a good idea to
codify Council direction in a resolution to give staff formal direction and also
provide documentation about this direction for future Councils.
Public Works Director Koellermeier noted the third issue staff was asking for
direction from Council on was regarding SDC credits. This relates to those times
when members of the development community want to donate parcels to the City.
Sometimes this is a "pure donation" where the developer does not expect any
consideration in return, while at other times, a developer is requesting offsetting
SDC credits in lieu of cash payment (as provided by State law). Public Works
Director Koellermeier asked for clarification from City Council whether this is an
administrative function or a Council-based function? The City Attorney has
advised that this is generally considered to be an administrative task.
In response to a question from Councilor Sherwood regarding whether there was
any previous policy concerning the size or the amount of land donated, Public
Works Director Koellermeier suggested the Council discuss the fourth issue
identified by staff. This last issue before the Council this evening pertains to
developing a procedure to evaluate and deal with donated property. He said staff
has put together a "simplistic" process that identifies criteria including
• location
• size
• accessibility
• visibility
• clear title
• linkage to other properties
a developable park parcel
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COUNCIL MINUTES --APRIL 19, 2000 page S
• utilities available
• usability
• cultural significance
• unique site (i.e., grove of trees, wetlands)
• liability issues (related to size or location)
• additional investment required (i.e., site clean up or fencing required
immediately)
• mitigation issues associated with the parcel
• compliance of parcel to the Parks System Master Plan (is it located in an
area identified as park deficient)
Public Works Director Koellermeier said the above listed items are the types of
things staff would take into consideration. If the developer is requesting an SDC
credit, he thinks the Council should be asked to make the determination, at least in
the beginning of the process. Public Works Director Koellermeier said he would
like Council to consider all offers of donations and as it becomes routine, then it
might evolve into an administrative function. During discussion on how the Council
would consider this information, Public Works Director Koellermeier said the staff
would provide a recommendation based on identified criteria.
Councilor Woodruff suggested the City publicize that the City is open to donations.
Councilor Wilson asked noted he is currently working on a project where the
developer would rather build the facilities, which also helps with their sales
resulting in a "win/win" situation for the local jurisdiction and the developer. The
problem with the project is that there are no criteria for reviewing the plans. Also,
there's a question as to whether the park facility is worth the value of the SDC
dollars that would have been collected. Councilor Wilson asked Public Works
Director Koellermeier if there is a need to develop a policy on this situation? Public
Works Director Koellermeier said as long as donation criteria are established in
such a way that the Council has the final decision, this should not be an issue.
All options should be kept open. Public Works Director Koellermeier said another
thing p
to keep in mind is to keep an SDC cash flow so large parcels can be
purchased rather than giving it (SDC's) all "out in credits."
I
Councilor Woodruff noted that if PRAB comes to the City Council for a park bond, `
then the public would want to see whether the City is using the current money
wisely.
Interim City Manager Prosser said staff will develop a resolution for Council's
consideration. In the meantime, the discussion this evening provided general
direction for staff to proceed.
Council meeting recessed at 8:02 p.m.
Council meeting reconvened at 8:09 p.m.
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COUNCIL MINUTES--APRIL 19, 2005 page 9
5. DISCUSSION -- URBAN RENEWAL PROGRAM ELEMENTS
Community Development Director Hendryx presented the staff report. The
Council has a 2005 goal of implementing the Downtown Pian with a sub-goa[ of
urban renewal. The plan is to have urban renewal before the voters in May 2006.
Staff, legal counsel, and Council are doing the necessary steps to accomplish this
goal. Last week the Council approved two Requests for Proposals for consultants
to help put together an urban renewal plan and a public outreach program for the
urban renewal effort. There are some governance issues decisions that need to
be made by the Council. Community Development Director Hendryx advised he
had three points for which he was seeking City Council direction:
• Composition of the Urban Renewal Agency. (City Center Development
Agency)
• Composition of the City Center Advisory Commission
General concurrence on a public involvement program
Community Development Director Hendryx advised he would be returning to the
City Council periodically until May 2006 as there are a number of decisions that will
need to be made by the Council.
Community Development Director Hendryx discussed with the City Council the
composition of the City Center Development Agency (CCDA). The TMC identifies
the City Council as the CCDA; however, the City Council could opt to designate
another body as the CCDA. If another body was selected by City Council,
decisions would need to be made by June 28, 2005, on who would serve on this
Agency, how members would be recruited, and the TMC would need to be
amended to reflect that City Council had decided the CCDA would be made up of
individuals other than City Council members. Community Development Director
Hendryx advised that in July the CCDA and the Planning Commission start the
process of reviewing the consultant's work on the urban renewal plan. The
Planning Commission and City Council will receive the plan for review in
October/November for final action in December. Community Development
Director Hendryx noted that while the timeframe is constrained, it is "doable."
Community Development Director Hendryx reviewed with Council the following:
Pros-- Council serves as CCDA
TMC is set up for Council to act as CCDA so there would be time
savings.
• Council would stay very involved in this process, which is also one of
the City Council goals.
COUNCIL MINUTES—APRIL 19, 2005 page 10
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Pros — Council appoints another group to serve as CCDA
• Additional community involvement.
• Potential for different expertise that to be drawn from other
individuals
Cons — Council appoints another group to serve as CCDA
Pressures on the established timeframe.
Council discussed whether it wanted to function as the CCDA. It was pointed out
that City Council could start out as the CCDA and then decide at a later date to
establish a separate CCDA comprised of non-Council members. Interim City
Manager Prosser noted that once the City Council designates another body, it
would have less direct impact on decisions being made with regard to the urban
renewal. The benefit to retaining Council's role to serve as the CCDA is that the
Council would remain in the "driver's seat." Interim City Manager Prosser noted
there are good reasons to go either way. Councilor Sherwood also noted that
every two years the composition of the City Council could change, which would be
a good reason to appoint another body. Councilor Woodruff pointed out that the
current City Council would still be in office by the time the urban renewal was ready
to go to the voters and suggested that at a later date, the City Council could
designate a separate CCDA. Councilor Wilson agreed that because the urban
renewal is such a high priority, the Council should serve as the CCDA. Councilor
Harding noted she agreed that in the interest of time and to get the urban renewal
program launched, the City Council should serve as the CCDA. Mayor Dirksen
suggested the possibility that the City Council retain the authority as the CCDA
through the election, but state "up front" that it's the City Council's intention to
appoint another group to serve as CCDA after the election.
Downtown Task Force Chair Marr was present and noted he was comfortable with
the City Council's conversation about the concern about being able to form a
CCDA within the next 60 days. He said he appreciated the City Council's
openness to create an Agency within a short period of time. Mr. Marr advised that
this is a long-term plan that will need consistency of people serving on the agency
who have expertise in finance, development, and public relations. He noted that
the Council's.responsibilities for running the City are very time-consuming. Urban
renewal represents a whole new project that has not been part of the Council's
timeframe and it will require a lot of time. Mr. Marr said he believed the CCDA
should be a separate body. He proposed that CCDA members be appointed by
Council and be accountable to the Council, serving at Council's pleasure for a term
of three-to five-years and subject to reappointment. He said the Council should
have an ongoing right of veto for any major project recommended by the CCDA.
He suggested the CCDA operate routinely with opportunity to seek out expertise,
technical assistance, and have City staff assistance to create design and
conceptual ideas. In summary, Mr. Marr said he concurs with the City Council
COUNCIL MINUTES—APRIL 19, 2005 page 11
serving initially as the CCDA and that the City Council would within a short period
of time (i.e., in the next six months) identify the CCDA and the advisory group. In
response to a question from Councilor Sherwood, Mr. Marr said he would support
forming a separate CCDA before the May 1996 election for public awareness.
Community Development Director Hendryx summarized Council consensus:
• Initially the City Council would serve as the CCDA—the proposed resolution
would indicate that the City Council might, at a future date, transfer the
CCDA responsibilities to another body.
• If the County is successful with a corridor-wide project, the resolution would
indicate that this project might be incorporated with the Downtown Plan.
In response to a question from Mr. Marr, Community Development Director
Hendryx said the ballot title would be limited to the urban renewal plan and tax
increment financing —there would not be any need to make a declaration about
the CCDA.
Councilor Wilson noted he would prefer the City Council not state there would a
CCDA formed that was separate from Council because people might be
concerned about forming another layer of government. He pointed out that it is not
known if the vote will be successful or if the City will be joining the County's effort,
which might mean a different agency would be formed. He suggested keeping the
urban renewal process simple and move ahead step by step.
Councilor Woodruff suggested the City Council start out as the CCDA and then
determine later if the CCDA responsibilities should be separated to non-Council
members. Mayor Dirksen said there should be a specific time frame for transfer to
a different'agency as he thought there would be those who are concerned if the
Council is the CCDA.
Interim City Manager Prosser suggested that the CCDA formation be tied to the
Downtown Plan as it is developed.
Additional discussion was held on the timing for CCDA formation, composition,
and timing.
In response to a question from Councilor Harding, Interim City Manager Prosser
advised that in his experience it is common for the governing body of the
jurisdiction to serve as the governing body of the urban renewal agency. The
major exception is the Portland Development Commission. Under budgeting and
accounting rules, the Agency is a subset of the City, which suggests that the
governing body must have the final say. He acknowledged Mr. Marr's concern
about the need for continuity and expertise, but at this stage, Interim City Manager
Prosser would like for options to be explored rather than to set a specific course
COUNCIL MINUTES —APRIL 19, 2005 page 12
only to learn later there are other issues that need to be taken into account. If the
voters approve the urban renewal ballot measure, then whatever is set up will be in
effect for the next 20-30 years. Therefore, in order to stand the test of time,
Council will need to look carefully at the various options to determine what will
work best.
Community Development Director Hendryx said it was important to recognize that
the City Council ultimately approves the plan: projects, priorities, and tax
increment financing. The Agency makes recommendations to the City Council
even if a separate Agency is created. An advisory committee to the CCDA would
also be formed.
Mr. Marr said in his scenario he would expect that CCDA members would have
expertise and then "someone like myself'would be appointed to serve on the
citizens advisory committee.
Councilor Woodruff suggested that the decision on the CCDA be tabled until
September since the consultant would be known by then and the Council will have
the benefit of additional public input.
Mayor Dirksen said at this time the Council will serve as the CCDA. Mr. Marr said
this was agreeable to him as long as the Council keeps the "door open" to
formation of a separate agency for the long-term scenario.
Community Development Director Hendryx noted there is a City Center Advisory
Commission (CCAC) that will need to be established to advise the CCDA on the
plan, project identification, and the public outreach. CCAC is comprised of 7-12
members. Community Development Director Hendryx said the Council needs to
give direction on the makeup of this group. Should the CCAC be made up of
community members at large? Community Development Director Hendryx noted
he could ask for interested community members in the next Cityscape if the City
Council gave him direction tonight. Or, should the CCAC be made up of Planning
Commission or representation from existing board and committee members,
including the Downtown Task Force? Community Development Director Hendryx
said he believed there were benefits to having a wide group of people including
those with special interests: environmental, financial, etc. A selection process
must be set and decided upon by the Council by resolution on June 14, 2005, with
members appointed by the end of June.
In response to a question from Councilor Wilson, Community Development
Director Hendryx advised the CCAC would be involved with the development of
the urban renewal plan, project identification and public outreach. It's role would
be similar to that of the Planning Commission's charge to assist the City Council.
Interim City Manager Prosser said in his experience in Lake Oswego, the Advisory
Committee was utilized to review and make recommendations to the Board about
COUNCIL MINUTES —APRIL 19, 2005 page 13
redevelopment proposals. Community Development Director Hendryx suggested
that some members of the Downtown Task Force be considered to serve on the
CCAC.
Councilor Woodruff said he liked the idea of existing advisory groups serve on the
CCAC along with new people. He suggested membership might be comprised of
three people from the Downtown Task Force and representatives from the
Planning Commission, and then four additional people. He noted the number of
qualified applicants the City receives for vacant board and committee positions.
Councilor Wilson noted that as he reviewed the packet material, he formulated the
idea that the CCDA would be the City Council and the CCAC would be comprised
of technical people. He said there has been the citizen process of forming the
vision and now at the implementation stage, it becomes more technical. He noted
the need for a policy group and the technical group. Councilor Wilson would like to
see continued participation from members from the Downtown Task Force as
those individuals established the vision along with people who have backgrounds
in area such as real estate, development, and finance, etc.
Mayor Dirksen, in response to Councilor Wilson's comments above, said he
thought that what he was hearing from Mr. Marr was that the CCDA would report
to the Council and the CCAC would be the citizen involvement group making
recommendations to the CCDA.
Discussion followed on the makeup of the CCAC with consensus for twelve
members:
6 from the Downtown Task Force (Note: Task Force will select
those to be appointed to the CCAC)
1 from the Planning Commission (Note: Commission will select
member to be appointed to the CCAC)
1 from the Parks and Recreation Board (Note: Board will select
member to be appointed to the CCAC)
4 from citizens at large (Note: Council will use Board/Committee
member appointment process to appoint these at-large
members to the CCAC)
Later subgroups (working groups) could be formed to address and give support for
areas in finance, citizen involvement, and technical issues.
Community Development Director Hendryx advised the final area for which staff
would like City Council to provide general direction is for the public involvement
approach proposed, He reviewed the elements of public outreach and
recommended a survey be conducted in the community to determine how the
community feels about urban renewal to determine what could make this a
COUNCIL MINUTES—APRIL 19, 2005 page 14
successful campaign. Community Development Director Hendryx advised that
community dialogs has proven to be a successful way to get the word out. He
suggested that periodic open houses be held such as the recent one held for the
Downtown Plan. In addition, there will be public hearings to provide the public an
opportunity to review and comment throughout the process. Press releases and
other media events/tools will be utilized. Community Development Director
Hendryx advised he had not yet taken the public involvement proposal for the
urban renewal to CCI. He noted the critical component will be the statistically valid
community survey.
Community Development Director Hendryx advised the schedule provides that a
consultant will be selected on May 24 for the public outreach. He noted that if an
expenditure is under$50,000, it does not need to go before the Local Contract
Review Board; however, he asked whether the Council wanted involvement in
approving the contract—how does City Council want to be involved in the
consultant selection? Two consultants will be selected: one for the urban renewal
plan and one for the public outreach program. Interim City Manager Prosser said
that normally staff would publish the Request for Proposal, go through a selection
process, conduct interviews and make recommendations. If the dollar amount was
of sufficient size, it would come back before the Council (as the LCRB) for
approval of the contract. After discussion, it was determined that the Downtown
Task Force and staff would be involved in the selection of the consultants.,
Councilor Sherwood indicated she would like to be involved also (Council liaison).
Council received copies of two charts, which were referred to by Community
Development Director Hendryx during his presentation on this agenda item:
1. Public Involvement and Key Dates
2. Council decisions for April 19th Council meeting
In response to a question from Councilor Sherwood there was brief discussion on
the Highway 217 urban renewal project. Community Development Director
Hendryx advised the County says it can meet the City of Tigard's schedule to
coincide with urban renewal for the Downtown Plan. Interim City Manager
Prosser said that the City Attorney indicated that if Tigard's urban renewal plan is
crafted properly, the City can maintain the option of coordinating with the Highway
217 plan. Councilor Sherwood noted the County is concerned about the viability of
the Highway 217 project if Tigard does not participate. Interim City Manager
Prosser reflected that part of the value of Tigard participating includes the
Washington Square area, which is not part of the Downtown Plan. Interim City
Manager Prosser indicated he was uncertain about the extent of the coordination
that will be required between Tigard and the County. Councilor Wilson said he
would not want the voters to have the perception they were only voting for the
urban renewal area for the Downtown and then later have the Washington Square
area be added.
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COUNCIL MINUTES --APRIL 19, 2005 page 15
Community Development Director Hendryx reminded that in order to use tax
increment financing anywhere in Tigard, voters must approve this financing
method. Councilor Wilson suggested there might be one election that
encompasses urban renewal in general, create the agency, and then have multiple
listings. Or, the election might be specific; i.e., only the downtown area. Interim
City Manager Prosser said from the tenor of this discussion, it appears that the
Council is interested in maintaining the option of coordinating with the Highway
217 project. He advised he feels that staff needs to talk to the lawyers to
determine down to the detail how this option can be preserved.
Community Development Director Hendryx advised the purpose of the discussion
for this evening was to review with the Council the process as outlined in the
timelines. He noted activities will be compressed if the plan is to be on the ballot
by May 9, 2006, and he will be returning to the City Council frequently for decisions
as the City moves forward on an urban renewal process. If the Council wants to
continue to support the Highway 217 corridor project, there are a "lot of nuances
associated with that..." Community Development Director Hendryx noted by
Council's direction, staff will continue to have this option remain available with the
details of how this can be done to be "spelled out" as things get fleshed out further.
General consensus of the City Council was that the public involvement and key
dates as presented by staff was acceptable.
6. REVIEW— SOLID WASTE FRANCHISE
Public Works Director Koellermeier presented the staff report on this agenda item.
He was assisted in his presentation by Mr. Chris Bell, a consultant that the City has
retained to make decisions on solid waste issues including rate adjustments. The
purpose of tonight's discussion is to review past solid waste issues and introduce
these issues to City Council members who have not had the opportunity to deal
with solid waste issues. An outline of the overview of solid waste issues is on file
with the City Recorder and includes the following topics:
• Tigard Municipal Code—TMC Chapter 11.04 and Administrative Rules and
Service Standards
• Current System (2003 numbers used)
o Pride Disposal —serves 70% of the City
o Waste Management—serves 30% of the City
Residential Collection
o This is where the bulk of activity takes place, with almost 11,000
accounts.
Commercial Collection
c There are about 1,100 commercial accounts
Drop Box Service
COUNCIL MINUTES —APRIL 19, 2005 page 16
c There are about 6,100 "pulls" per year.
• Annual Franchise Review
o In March of each year, the haulers are required to submit to Tigard a
financial report for the previous year. There is an effort to keep the
profit to the haulers between 8 and 12 percent. If the profits fall
above or below this range, the rate adjustment process is triggered.
The Council will receive this report at its next meeting and a rate
adjustment will be necessary. Staff will be returning to the City
Council to start this process in May 2005.
• Rate Setting
• Changes to the Current System
o Mr. Bell outlined the three Oregon Revised Statutes that impact the
current and future of solid waste collection in Tigard. He reviewed
these statues which pertain to the Metropolitan Service District, solid
waste and recycling. Every ten years, Metro revises its Solid Waste
Management Plan for the region. The goal is to arrive at a recovery
rate of 64% and Metro has outlined some programs to reach this
goal.
• Getting to 64% Recovery (recycling)
• Potential Programs of Expanded Service for Increased Diversion
o Residential Services
■ Tigard is one of seven or eight jurisdictions in the Metro area
to have fully automated collection. The haulers and City staff
have discussed the idea of expanding that service to recycling
and to have a commingled stream. Glass and oil would be
handled separately, but all other materials would be collected
in a cart. Staff is still trying to decide what they will
recommend for how glass would be recycled for the Council
to consider.
■ Another idea is to possibly provide weekly yard debris
collection.
o Commercial Organic Collection (Food Waste)
■ Metro has implemented a program in Portland with some
success; however other areas in the region have not
participated in such a program.
o Commercial Outreach
■ Metro is attempting to gain more recovery in the commercial
area by expanding its business outreach, mandatory business
recycling, and a landfill ban.
o Metro Model
■ CTAP -- a Community Technical Assistance Program --
individuals meet with business under the guidance of PSU
and local government. Presently, this is being administered
by Washington county.
COUNCIL MINUTES —APRIL 19, 2005 page 17
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■ Write ordinance with minimum standards and enforce with
notices and fines (relate to mandatory business recycling)
• Objectives of the Tigard Solid Waste and Recycling System
o Mr. Bell noted that Interim Finance Director lmdieke is proposing a
City Recycling Coordinator to work with local business and haulers.
The haulers want to make sure this is a coordinated effort so that
a
promises are not made that cannot be met.
o The Coordinator would work with the existing programs and
ordinance to provide the outreach to the businesses.
o Tigard was one of the first jurisdictions to provide automated
collection services for cost savings and worker safety. The rates
have been in effect for about four years. Mr. Bell referred to costs
associated with the recycling programs. One of the key elements of
a good recycling program is education.
a Services must be easy to administer by City and haulers.
c Services must be cost effective and sustainable
c Model for the Metro region.
• Policy Direction
The following hauler representatives were present:
• Mike Jeffries —Waste Management, Inc.
• Dean Kampfer—Waste Management, Inc.
• Mike Leichner— Pride Disposal
• Cindy Leichner— Pride Disposal
Councilor Woodruff asked about the costs/benefits of recycling. The revenue from
recycling does not recover costs; the loss is borne by garbage rates. Mr. Bell noted
that recycled materials markets are returning about$.70 per residential customer
per month, but the cost of collecting those materials is $4.10. With commingling of
recyclables, haulers are able to pick up materials more efficiently. Mr. Bell
confirmed that Mr. Woodruff's comment that recycling is more a social issue rather
than an economic issue.
Councilor Sherwood asked about the "landfill bans." Mr. Bell explained that this
relates to the potential policy wherein some landfills won't accept certain materials;
i.e., cardboard. He noted the difficulty in administering landfill bans.
Councilor Wilson asked about the rationale behind granting franchises to certain
haulers as opposed to letting it be market driven. He noted he understood there
were certain efficiencies for household pick up but questioned why drop box
services could not be open market. Mr. Leichner said the City controls the
franchise by setting the rates and allowing the haulers to attain a certain rate of
return. As a result, the citizens of the community are receiving a consistent
service. In an open market, there are concerns about consistency of services.
The City is collecting fees (3%) for the services the franchised haulers are
COUNCIL MINUTES —APRIL 19, 2005 page 18
providing. It is to the City's benefit to have solid waste services performed by a
regulated hauler. Councilor Wilson commented there could be other methods for
regulation. Mr. Leichner responded that there is less traffic congestion, impacts to
roads, and a higher level of service associated with a franchised collection system
as opposed to "helter skelter" solid waste collection activity. Interim City Manager
Prosser noted that some services cost more than others, therefore, costs can be
averaged out over all services. What can happen with an unregulated market, is
that companies might come in and "cherry pick" the very profitable accounts and
services, leaving other businesses and residential areas paying high rates. Interim
City Manager Prosser said that Portland used to be unregulated market. There
was continued discussion about franchises and methods to encourage recycling.
In response to a comment by Councilor Woodruff, one of the haulers explained
how areas were set by franchise agreement. Public Works Director Koellermeier
noted that the franchises are "perpetual franchise" agreements. Interim Finance
Director Imdieke explained that initially there were three franchisors in the City of
Tigard — Pride Disposal purchased Schmidt. Mr. Bell noted the City of Sandy
recently put solid waste collection out to bid assuming they could get better rates;
however, they are now paying a higher rate for the same level of service provided
by the franchised service providers. Mr. Bell said that if a jurisdiction has a good
relationship with the hauler(s), he would recommend the City continue to cultivate
that relationship. Mr. Bell said that the service the haulers have given the
community goes beyond the dollar amount on a bill.
Councilor Wilson said he can see that there are good reasons to continue with the
franchise agreement; however, he said he was skeptical about the automatic
renewal of the franchise agreements. He said he was glad to have the haulers in
Tigard, but he would not want the agreement to be taken for granted. There was
discussion about the level of services and the "extras" asked for and provided
under a variety of circumstances. Mr. Bell encouraged staff and Council members
to take a tour of the facilities and collection activities.
Councilor Harding commented on the recycling process and noted her support for
the'cart service for recycling. She commented on the recycling coordinator, which
would be expensive. She noted that there are businesses that shred confidential
papers, which are not accounted for in the recycling numbers. She also noted that
some janitorial services do not cooperate when disposing of materials prepared for
recycling. Mr. Bell acknowledged that this is an issue, especially for large
buildings. Mr. Kampfer also noted that the residential recycling (using the bins)
needs to be updated with a cart system. There was additional discussion on how
to make recycling programs more user friendly.
Mr. Bell distributed a summary report to the City Council on the direction of the
solid waste and recycling system in Tigard. Interim City Manager Prosser noted
that with the hauler reports, the City will be undergoing a rate review. He said that
COUNCIL MINUTES--APRIL 19, 2005 page 19
if the City Council wants to reevaluate services, this would be a good time to do it.
Public Works Director Koellermeier said the staff would return in May with a menu
of options along with some recommendations for City Council consideration.
Council discussed the lateness of the hour and decided to briefly review Agenda
Item No. 7. Item No. 7 will be reviewed in more detail by the Council at a special
meeting to be held on April 25, 2005, 5:30 p.m., in the second floor conference
room at the Tigard Library.
7. DISCUSSION — STRATEGIC FINANCE PLAN ISSUE PAPERS
Interim Finance Director Imdieke reviewed this agenda item. Interim City
Manager Prosser advised that the initial report was prepared by staff last fall.
Since that time, several items listed in the Strategic Finance Plan Issues have
been completed.
Council reviewed with Interim Finance Director Imdieke the list of Strategic finance
Issues to determine which items have been completed and those items that need
more discussion. Mr. Imdieke will prepare updated information for Council's
review on April 25, 2005.
8. COUNCIL LIAISON REPORTS: None
9. NON AGENDA ITEMS: None
10. EXECUTIVE SESSION: Not held.
11. ADJOURNMENT: 10:16 p.m.
1
Catherine Wheatley, i TRecord
Attest'.
Mayor City of Tigard
Date:
COUNCIL MINUTES —APRIL 19, 2005 page 20