CCDA Minutes - 05/11/2010 Agenda Item No. , J
Meeting of
City of Tigard
Tigard Business Meeting - .Agenda
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
CITY CENTER DEVELOPMENT AGENCY(CCDA)
MEETING DATE/TIME: May 11, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business
Meeting
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard, OR
97223
6:30 PM
O STUDY SESSION
✓ City Manager Prosser and Public Works Director Koellermeier discussed the need for
additional staff review of the Hoodview Reimbursement District finalization
informational public hearing. The hearing will be carried over to May 25, 2010 and not
held tonight.
Catty Manager Prosser read the statement for the Executive Session.
O EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:35
p.m. for consultation with counsel concerning legal rights and duties regarding current
litigation or litigation likely to be filed under ORS 192.660(2) (h).
Out of Executive Session and reconvened into Study Session at 7:1$p.m.
o STUDY SESSION CONTINUED.
o Administrative Items
✓ Tonight is Tigard High. School Envoy Friesen's last rnceting. The City Council
received a proposed resolution recognizing the City Council's appreciation for his
efforts.
✓ Tigard Library Foundation--Application for grant funding for a needs
assessment/feasibility study. The Council received a copy of a request for support
from Linda Monahan, President,Tigard Library Foundation. Library Director
Barnes said that the Foundation was looking to pursue grant funding for an
assessment study for Tigard library capital needs and the Foundation members
wanted the City Council to be aware of their efforts to apply for a grant. Councilor
Webb noted that she and Bill.Monahan serve on the Community Foundation and
cautioned that there might be some conflict of interest concerns. Library Director
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Barnes said that Tigard Library Foundation Board President Linda Monahan was
only looking to make the City Council aware that the Library Foundation would be
applying for a grant. Ms. Monahan has declared that her husband,Bill Monahan,
serves on the Community Foundation and he would recuse himself from voting on
the application.
✓ Caring Closet—City Manager Prosser reviewed a request to waive a building permit
fee—May G, 2010 Marilyn Hassmann, Caring Closet Director. They are looking to
build a storage sized at Tigard High School. There is a $570 filing fee for a minor
modification Type A permit. They would like the City Council to waive the fee. City
Manager Prosser said generally the City does not waive fees, the fees can be paid for
out of the General Fund. Councilor Webb reminded the City Council there are
funds available in the Social Services budget area. City Council members agreed to
pay for this permit from the Social Services area.
o In response to an inquiry from.Councilor Henderson, City Recorder Wheatley explained that
the meeting would be called to order, as identified on the agenda for this evening as the City
Council, Local Contract Review Board and the City Center Development Agency. City
Manager Prosser advised Councilor Henderson that the agenda was published identifying the
meeting to cover items of the City Council,LCRB and CCDA.
o Street Maintenance Fee True-up Update (Packet Materials were distributed to the City
Council.) This item was discussed after the business meeting.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council and the Local Contract Review Board to order at
7:31 p.m.
1.2 Roll Call
Name Present Absent
Mayor Dirksen ✓
Councilor President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
1.3 Pledge of Allegiance
1A Council Communications &Liaison.Reports: None
1.5 Call to Council and Staff for Non-Agenda Items—None. City Manager Prosser
advised there was a Study Session item to be discussed by the City Council at the end of
the business meeting.
Mayor Dirksen pointed out that Agenda Item No. 7,an informational public hearing
was continued from April 27 to finalize the Sanitary Sewer District. The City Council
has expressed the need for further information before this can be finalized. This public
hearing will be continued to May 25,2010.
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7:3258 PM
2. PROCLAMATION - EMS (EMERGENCY MEDICAL SERVICES) WEEK—May 16-22,
2010
Mayor Dirksen issued the proclamation. Justin Scott from Metro West Ambulance thanked
the Mayor and advised Metro West is honored to serve the Tigard community. He
presented the Mayor with a plaque and invited the Mayor and City Council members to
attend a barbecue at their Hillsboro Headquarters of May 13, 2010.
7:35:45 PM
3. CITIZEN COMMUNICATION
• Tigard High School Student Envoy Taylor Friesen presented his report on activities. A
copy of his report is on file in the City Recorder's office.
This is Mr. Friesen's last appearance at a City Council meeting as he his graduating.
The City Council considered a resolution in acl owledgement of Mr. Friesen for his
service this past school year.
Motion by Mayor Dirksen, seconded by Council.President Wilson,to approve
Resolution No. 10-21.
RESOLUTION NO. 10-21 --A RESOLUTION ACKNOWLEDGING AND
COMMENDING TAYLOR FRIESEN FOR HIS SERVICE AS THE TIGARD
HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen: Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
• Tigard Chamber of Commerce Chief Executive Officer Debi Mollahan presented the
highlights of recent and future activities of the Tigard Chamber. A copy of the report is
on file in the City Recorder's office.
• Citizen Communications Sign Up Sheet
o John Frewing- requested policy direction;his written request is below:
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Parks Master Plan -- Z am looking at Chapter 6, .recommendations, on page 65 in my copy of the
Master Plan. "The City should examine open space properties to determine the appropriate
management and use of.specipcprnperties orportions ofproperties"
Zt further says "Existing open space classificationsprovided in the Comprehensive Plan lack a clear
management direction that mould assist the communiy in identiyying,for example, land that is
protected for ecological values and land that would support nature-oriented recreation."
Z hope Tigard can provide the direction noted in the Master Plan so that open space)natural areas
can receive the sante planning and eventual care as other Tigard owned properties
• Plaid Pantry—Chris Gerard,President and CEO—presented approximately 1000 signatures
objecting to ODOT's proposed median for Highway 99W. Mr. Gerard asked that the City
Council advocate that ODOT reconsider the median. Petitions, a copy of the oral presentation.,
and additional documentation were submitted for the record.
7:51:55 PM
4. HONOR TIGARD HIGH SCHOOL SPEECH TEAM FOR WINNING THE 2010
OREGON SCHOOL ACTIVITIES ASSOCIATION (OSSA) STATE SPEECH
CHAMPIONSHIP
• Mayor Dirksen said the City Council recognizes the achievement of the Speech Team.
The President of the Team.,Nurinthong Lungrath came forward. Mayor Dirksen said the
Tigard High Tearn scored 56 points and the second place scored 49 points. The City
Council commended the team for its good work. The team and coach were applauded.
The Mayor gave each team member a City of Tigard coffee snug filled with chocolate
along with a City of Tigard pin.
7:56:46 PM
Mayor Dirksen reviewed die Consent Agenda:
5. CONSENT AGENDA:
5.1 Approve Council Minutes for January 19, February 9, and February 16,2010
5.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
5.3 Appoint Members of Urban Forestry Code Revisions Citizen Advisory Committee
(CAC)
Resolution No. 10-22—A RESOLUTION APPOINTING MEMBERS TO THE
URBAN FORESTRY CODE REVISIONS PROJECT CITIZEN ADVISORY
COMMITTEE
Representatives from existing boards and committees
•Jason Rogers,Parrs and Recreation Advisory Board
• Scott Bernhard,DC,Parrs and Recreation Advisory Board
• Dave Walsh,Planning Commission
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• Don Schmidt,Planning Commission
• Bret Lieuallen,Tree Board
• Tony Tycer,Tree Board
Representatives from the development community
• lien Gertz,Portland Metropolitan Home Builders
•John Wyland,developer
Representative from the environmental community
• Brian Wegener,Tualatin Riverkeepers and Board Member of Oregon
Community Trees
Representative from the landscape/arborist profession
• Morgan E. Holen, ISA Certified Arborist
Citizens at-large
•John Frewing
5.4 LCRB -Award Contract for Financial Consulting Services (Water Rate Study and SDC Update)
5.5 Adoption of Tentative Agreement between Tigard Police Officer's Association (T POA) and
the City of Tigard
Motion by Council President Wilson, seconded by Councilor Webb, to approve the Consent
Agenda.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen: Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
7:58:29 PM
G. RECEIVE UPDATE ON TIGARD YOUTH ADVISORY COUNCIL (TYAC),TIGARD
TURNS THE TIDE AND STUD (STOP TIGARD UNDERAGE DRINKING)
Alexander Carsh,President of Tigard Youth Advisory Council and Nurinthong Lungrath,Vice
President of the Tigard Youth Advisory Council introduced themselves and presented the
update to the City Council. Their slide presentation is on file in the City Recorder's office.
Mayor Dirksen commended the students for the work that they do on behalf of the TYAC.
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8:07:10 PM
Representatives of Tigard Turns the Tide (111) and Stop Tigard Underage Drinking introduced
themselves.
Sophomore Class Officer Katie Ventry made a presentation to Library Director Margaret Barnes,who
is a community organizer and leader and a very caring adult. The STUD members asked Director
Barnes to come forward and to show their thanks they presented her with a bouquet of roses and a
certificate to choose multiple books from the Library and have them dedicated to Ms.Barnes'name.
Ms. Barnes was the President of TTT from 2007 to 2009.
The students showed a video produced in 2010 showing the history of TTT and explains why it tabes
everyone working together to make a difference. Council members also received a packet of
information prepared by the students.
8:19:24 PM
The Mayor and Council commended the students for their work and offered words of support and
encouragement.
8:22:21 PM
7. INFORMATIONAL PUBLIC HEARING—CONTINUED FROM APRIL 27,2010—
FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT#45 (HOODVIEW)
The hearing was continued.to May 25, 2010.
8:22:51 PM
8, PRESENTATION OF PACIFIC HIGHWAY VISION DOCUMENT BY THE
UNIVERSITY OF OREGON PORTLAND URBAN ARCHI'T'ECTURE RESEARCH
LABORATORY
Community Development Director Bunch introduced Hans Joachim Neis, Director of
University of Oregon Program (Portland) and Rebecca Fitzsimmons,U of O Graduate Student.
Community Development Director Bunch acknowledge the work by Tigard staff member
Associate Planner Farrelly. He also introduced James Pettinari,Professor at the University of
Oregon who was instrumental in the project.
Introductory remarks by Community Development Director Bunch included the following:
• The document before the City Council is the.Executive Summary of about 200 pages and
hundreds of images. The work for the project was done over a period of four school terms.
• This is a second design vision. The principles and concepts were based on the Tigard
Downtown Future Vision;however, the project before the City Council is significantly
different.
• There is not much in the national or research literature about strip commercial development,
while there has been a lot of work done for downtown developments.
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• Tigard, through its Council goals to implement the 99W Transportation and Management
Plan,pursue light rail,address congestion on 99W,and to make Tigard a Place to Call Home,
the project team thought it was time to begin to develop an Urban Design Vision for Pacific
Highway. Pacific Highway is an urban corridor and identified as part of the high capacity
transit plan priorities for Metro.
• The document is a tool. It is not a final document,it does not make specific
recommendations, and is not a specific site-planning document. It is intended as a prelude to
the mare-intensive period of planning for high capacity transit.
• The document establishes a broad range of principles and goals translated into visual imagery.
• The document addresses 2000 acres that span.4.5 miles through the City of Tigard,which
makes it an area about ten times larger than the area of the first plan for the Downtown.
• There are approximately 400 miles of transportation corridors in the Portland Metropolitan
Region. This issue is also significant throughout the country and worldwide. However, there
has not been much done in terms of researching and studying these corridors.
• Another reason for the project was to establish relationships and leverage resources. The
project allowed the team to spend a great deal of time with others within the region who are
also very interested in the project, They worked with people from Oregon Department of
Transportation,TriMet,City of Portland,other design and business professionals.
• People are interested because we have an Urban Growth Boundary in this area who want to
explore the idea of making a linear development pattern work and become more than it is.
• The team wanted to develop a common language;a basis by which to begin the technically
difficult and expensive work of planning for high capacity transit in the future.
• Other resources were leveraged. A TGM grant was awarded to study high capacity transit
planning in the corridor.
• The document does not provide specifics;however,it provides the principles,a common
language,and tools by which we can engage the community.
Community Development Director Bunch acknowledged the University of Oregon students who
worked on the project,and Crista Gardner of Metro who was instrumental in securing the TGM grant
to take this to the next step.
8:30:26 PM
University of Oregon Professor Neis thanked Community Development Director Bunch for the
introduction of this project. His comments included thanks to the City Council for giving them the
opportunity to conduct this research. The urban corridor is a new problem in the world that has been
researched very little. He referred to their presentation in February and was appreciative that Council
President Wilson participated. Professor Neis's comments included the following:
• The Executive Summary suras up the work to date and will serve as the foundation for the next
steps in the larger project.
• The next steps are to produce concrete results to create a new kind of corridor that serves the
people well and possibly to serve as a model for other corridors in Portland and the region as
well other cities in America and the world.
• He referred to the cultural emphasis of this study. In 2009,Mayor Dirksen gave the group
some solid advice and direction by emphasizing that the corridor is not mainly a technical
transportation study but it is also,and possibly foremost, a study that tries to focus on how to
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create a more livable and worthwhile urban environment for all the people of Tigard and,in
particular, for those who live around and along the Pacific Highway. The group took this
advice seriously and tried to find ways to envision a very positive livable and sustainable future
for the citizens of Tigard by focusing on the lives of people in the communities,
neighborhoods,and businesses within this particular context of the corridor.
• This work has been accepted for presentation at a major international conference in Hamburg,
Germany on August 20-23, 2010. This work in Tigard might serve as an inspiration for other
cities dealing with this problem/phenomenon. He said he hoped that someone from the City
of Tigard would be able to join them in presenting the case at the conference. He distributed
information regarding the conference.
8:52:27 PM
Associate Planner l~arrelly and Graduate Student Fitzsimmons reviewed the Executive Summary. The
slide presentation is on file in the City Recorder's office.
After the presentation, City Council offered their comments highlighted as follows:
• Councilor Webb commented that it appears there many communities that have similar issues.
• Council President Wilson said he would like more time to review the report and will probably
have additional comments, He said the findings appear to be"spot on" and liked how they
were presented. He said the report contains good imagery that will provoke a lot of discussion
about what might be possible. He said he would have liked to see more diagrams because they
help test concepts. If there were more diagrams, he would like to see them incorporated in the
final document.
• Council President Wilson acknowledged what was presented tonight is just the beginning. He
would have liked to see something more between the analysis and the final pictures. Overall,it
was a good effort and a vast improvement from what the product was the last time they met.
• Councilor Henderson asked about the term"gray field." Community Development Director
Bunch said this is a relatively new term from the urban design perspective. In the mid-1990's
they started using it for areas that are developed,but are mostly parking lots and roadways
accompanied by low-density buildings, similar to what has occurred on Pacific Highway where
only about a tenth to a quarter of the land is covered by buildings. The urban design profession
looks at these areas as having great potential: Parking lots can be redeveloped, the buildings can
be redeveloped into more compact, efficient urban forms.
• Councilor Henderson noted the approach taken for the project of integrating the community.
As he reviewed the map,he said he liked the image of the area where he has property at the
corner of Walnut and Pacific Highway.
• Councilor Buchner said the work by the students was wonderful. It would be helpful for her to
be given tools to take the imagery to the business community and have discussions about how
redevelopment could practically occur over the next ten to twenty years. Most of the
businesses are automobile oriented and do not function without a certain amount of parking.
The plan seems to leap from the current environment to a multi-modal environment,with a
very different look and feel,with no connection to make it understandable to someone who is a
business owner. It is a great idea in theory, but she said she did not see how to get"from Point
A to Point B..."in a way that the business community will be able to buy into the project.
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• Community Development Director Bunch responded to Councilor Buchner saying he thought
this was an astute observation. He said he thought the process required would be to do some
actual site design, specific designs employing the principles and findings in the report. He said
he has done work in other cities with high capacity transit and they worked with business and
property owners in charets when there were development opportunities. There is an economic
development side to this proposal,which is important when.planning for the future. The
Urban Land Institute emphasizes that for us to manage and redevelop the strip, there has to be
an engaged citizen effort to establish development associations that have the interest of
con-i ercial businesses in mind. The principle that is important is that"we want the strip to be
economically viable and vibrant for it to be able to make the transition and not necessarily have
to rely on traffic to be a vibrant,economically strong center."
• Councilor Buchner said she was particularly concerned as she watched the building of east-west
light rail through the downtown and saw a number of businesses that were"run out of
business." Part of the problem had to do with how the plan for the construction was
developed;it did not work sufficiently with the business community to help there survive. She
added her concern was with the businesses oriented toward the automobile in low-density areas.
This is not an efficient use of the land;the challenge will be to get the local business community
involved. Community Development Director Bunch responded that with the Transportation
Growth Management (TGM) next step, there would be an engaged citizen outreach effort. He
said we would want to make sure that the land use and high capacity transit are well
coordinated.
• Professor Neis commented that one couldn't realistically predict 50 years ahead.. This large area
could not be planned in as much detail as would be possible for an inter-city city study. The
project is more of a method and offered principles for development. As you begin,the"picture
may change completely" depending on the area being redeveloped. The plan offers a place to
start for the discussion and work toward results that are more concrete. Councilor Buchner
said her point was to make sure the presentations are in a manner that the business community
and citizens could understand because right now it is"fairly esoteric."
• Mayor Dirksen said this is a bold vision and a basis for discussion to stimulate thinking about
possibilities. While we catunot predict what will happen 50 years from now,he said we have to
try so there is a foundation for discussion and to begin planning. Things will not remain as they
are today if the future issues and challenges are to be dealt with. We cannot wait for"it to just
to happen to us,we need to be ready for it."
The Mayor said that he and the City Council are anxious to receive the entire document. He said this
should also be distributed to the Planning Commission.
Councilor Henderson referred to the model of the project of the model on display before thou. In
response to his question,Associate Planner 1Marrelly said the model would be stored at the Public Works
building and then set up for certain community events. City Manager Prosser said it might be displayed
in the City Hall Library. Staff will look into an area where it might be displayed.
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9:12:13 PM
9. RECEIVE UPDATES ON BURNHAM STREET AND CAPITAL IMPROVEMENT
PROJECTS
City Engineer Kyle,Engineering Manager McMillan and Streets and Transportation Project
Engineer McCarthy presented slides updating the City Council on the Burnham Street and
Capital Improvement projects. A copy of the slide presentation is on file in the City Recorder's
office.
9:23:24 PM
10. APPROVE INTERGOVERNMENTAL AGREEMENT WITH ODOT ACCEPTING
TRANSPORTATION GROWTH MANAGEMENT GRANT FUNDS TO.FINANCE
THE GREENWAY TRAIL SYSTEM MASTER PLAN
Project Planner Roberts briefly reviewed the staff report. Also present was Parks and Facilities
Manager Steve Martin. Staff is seeking approval of an Intergovernmental Agreement with
Oregon Department of Transportation accepting$100,000 to pay for consultants to carry out
the Park System Master Plaza. Study. The City's contribution is for in-kind management and
staff time. The consultants have been hired by the Oregon Department of Transportation and
consist of a team of three firms: Kittelson&Associates,Alta Planning and Design,and
Mason,Bruce and Gerard. A couple of weeks ago, the City Council appointed a citizen
advisory committee for this study.
The work scope includes focusing on alignments that would infill gaps within the trail system.
Mayor Dirksen commented that this Intergovernmental Agreement is to produce a master plan
and identify gaps in the system to move forward on detailed design and construction. Project
Planner Roberts advised this would provide concept-level alignments,not preliminary
engineering design.
Motion by Councilor Webb, seconded by Councilor Buehner, to approve the
Intergovernmental Agreement with the State of Oregon and the City of Tigard.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen: Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
➢ Response to Citizen Comment from John Frewing by Parks Manager Steve Martin.
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At the request of Mayor Dirksen,Parks and Facilities Manager Martin addressed the question
regarding Comprehensive Plan Direction for Open Space and Natural Areas. Mr. Frewing
indicated he felt there was a disconnect between.the Parr System Master Plan and the
supporting documentation from the Comprehensive Plan. Council President Wilson said Mr.
Frewing said the Parks Board felt that the Comprehensive Plan did not give policy direction to
inform the Parks Master Plan relative to open space.
Parks and Facilities Manager Martin said there have been a couple comments on the fact that
there is a lot of detail in the capital improvements for developed parks in the Master Plan,but
there is not a level of detail in the open space. The feeling was that open space is more of a
case of"you get it where it is";that is,you do not target an open space in the middle of a
neighborhood that is all developed. The open space detail was not provided.
Mayor Dirksen commented on a capital improvement plan identifying how dollars will be
spent to develop. Open space and natural areas are not developed,so they would not be listed
in the capital improvement plan. Mr. Martin said there is a graph listing open space areas to be
acquired;however,they do not have a lot of detail. Councilor Buehner referred to previous
comments by Mr. Frewing where he indicated he thought open space should be off limits to
the public. City Manager Prosser suggested that staff follow up with Mr. Frewing.
9:32:45 PM
➢ Motion by Council President Wilson,seconded by Councilor Webb, to adjourn the business
meeting and convene into a Council Study Session meeting.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen: Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
STUDY SESSION:
o Street Maintenance Fee True-up Update (Packet Materials were distributed to the City Council.)
City Manager Prosser said that since the adoption of the street maintenance fee, there were some
businesses that raised concerns about the basis of their fee's calculation. City Council directed
staff to do a"true up" on calculations.
Streets and Transportation Project Engineer McCarthy reported on the findings and the
methodology used for the true up process. The final results were presented in the City Council's
packet materials before them. He summarized the information contained in the staff report.
Streets and Transportation Project Engineer McCarthy noted some questions. During staffs
review, they found properties that were either vacant or had vacant spaces. The current
ordinance places the responsibility on the property owner to apply to the City for a vacancy
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waiver of the fee;however, owners typically have not done so. The Council could offer some
sort of a waiver to some of these vacant businesses. There are 120 properties affected and most
of these are partial vacancies. The total vacancies would amount to about$35,000.
Streets and Transportation Project Engineer McCarthy advised that the vast majority of
businesses fee calculation base was close,within $10 per month. Most of the decreases to the
street maintenance fee charges would be because of vacancies that businesses have not applied
for. Some of the increases in fees were due to reclassifications of type of business being done at
the location. Streets and Transportation Project Engineer McCarthy noted that what individual
businesses and property owners are paying is confidential information, so no specific businesses
will be discussed tonight. Other major increases in the fee were because of new businesses or
significant changes in use.
Councilor Henderson announced he has a conflict of interest because of his ownership of the
Hudson Plaza. In response to a question from Councilor Henderson, Streets and
Transportation Project Engineer McCarthy advised the total amount of residential contribution
into the street maintenance fee fund is about$700,000.
Mayor Diaksen said the true up work was good and would be useful information as a database of
information.
Councilor Buehner asked if there would be a need to devote staff time to make sure this
information stays up to date. City Manager Prosser said staff has talked about this. Help was
provided from a part-time engineering technician for this project and there is no funding in the
budget to continue. Additional money has been found as a result of this project. One of the
options City Council might consider is whether to take some of the street maintenance fee
money to fund a half-time position for monthly checks on building and land use permits to
catch new businesses coming in and also to periodically perform drive-by and site visits to
maintain the database. This could also help with business license collections.
City Manager Prosser said that because the street maintenance fee is collected through the utility
bill, those bills go out on a two-month cycle. Staff needs City Council direction to get this Tito
the system so bills can be issued on July 1. City Council, and staff reviewed the following;
> Properties were found that were being over-charged. Do we want to issue refunds? And,if
so, for what period of tithe?
What should be done about businesses that were undercharged and if there is to be some
charge for what should have been paid to the City, for what period of tithe? Should there
be a phase-in of payment.
The way the Tigard Municipal Code is written now allows a single water meter property to
apply for a suspension of the street maintenance fee when the water meter is turned off due
to a vacancy. This is the Code's "vacancy credit." A number of properties were discovered
vacant as well as a the situation where there is a single water meter,but there are multiple
tenants. Some tenant spaces are vacant and some are not. Under the Code there is no way
to do a waiver for multi-tenant spaces using a single water meter. This circumstance would
have to be handled by the property owner notifying the City when there is a vacancy and
then when the vacancy is filled. A number of vacancies were found during the review for
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this project. We could say that because we know those spaces were vacant, the City would
not charge them for a certain time period. Staff was not sure if they would recommend tying
this vacant space issue to this project. However, given the economic conditions and vacant
properties have been verified,perhaps there could be credit for a set period of time,i.e., six
months or a year. Staff would prefer to give credits on utility bills for vacancies, Councilor
Webb noted her preference that the time period would be for one year.
➢ Mayor Dirksen suggested that property owners would need to reapply for the vacancy
suspension of the street maintenance fee every year.
➢ Public Works Director Koellermcier responded favorably to Mayor Dirksen's suggestion and
that from this point forward to follow the ordinance where it would be the responsibility of
the owner to inform the City of the vacancy. There might be a need for a Code amendment
that the waiver be requested annually. There was discussion whether this should be on a
yearly basis or every six months. Councilor Henderson said that to get a credit, the unit
should be vacant for at least two months to match the billing process. Public Works
Director Koellermeier said one approach would automatically reinstate the street
maintenance fee charge at the end of a specified period, unless the business reapplied for the
waiver.
➢ Councilor Buchner said she thought six months was more reasonable than every year.
➢ Mayor Dirksen suggested that a reminder be sent with the bill reminding property owners
they have the opportunity to apply for waivers.
➢ Public Works Director Koellermeier said each of the properties would receive a direct mail
piece explaining the calculations.
➢ Mayor Dirksen recommended credits (rather than a refund) for those businesses that were
overcharged. The time period to go back to calculate the credit would be one year.
➢ Mayor Dirksen suggested that for those properties who would now owe more than $50, this
could be collected by a phase-in.
➢ In response to a question from.Councilor Buchner, Streets and Transportation Project
Engineer McCarthy said most of the businesses that have an increase in their fee was
because of misidentification of the business use;i.e., retail sales not bulk sales or a new
building with higher intensity use. Some undercharges were because of the City's mistake.
➢ Eight-hundred businesses pay the street maintenance fee and they will all receive individual
notices showing their calculation and asking them if the calculation appears to be correct.
➢ Mayor Dirksen said offering businesses a phase-in of payment of the street maintenance fee
would shore good will.
➢ Streets and Transportation Project Engineer McCarthy said several businesses own multiple
properties. Mayor Dirksen said each property would need to be considered separately.
➢ City Manager Prosser recommended that staff implement a phase-in to collect from those
businesses that underpaid to be done the same way as the basic fee—over a nine-month
period. Streets and Transportation Project Engineer McCarthy clarified that half would be
collected in the first nine months and the other half on.April V. Overpayment, due to
inaccuracies,would be handled by issuing credits. There would be no need for adjustments
because of changes to businesses. The threshold for issuing credits would be $10. The
adjustments would be based retroactively for one year.
Public Works Director Koellerincier summarized the direction from the City Council:
TIGAR]D CITY COUNCIL— May 11, 2010
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➢ Vacancies found for six months —send letters to explain how to challenge. A waiver would
need to be applied for every six months. This is not temporary and would require a Code
change. Assistant Finance and IT Director Smith-Wagar clarified that if the water meter is
locked off, then the business would not be required to apply for a waiver. Currently,
businesses that have water meters off and locked are not being charged a street:maintenance
fee. Vacancy credits will be from this point forward, not retroactively. Point forward means
from the time that the Code change is approved by the City Council.
➢ Credits will be issued because of inaccuracies on the part of the City.
➢ The threshold is $10 per month for credits.
➢ The City will issue credits retroactively one year.
➢ Phase-in for payment by businesses that were undercharged will be for inaccuracies that are
more than $50.
➢ City Council agreed to fund a part-time position with street maintenance fee funds to keep
the database current.
ADJOURNMENT: The meeting adjourned at 10:08 p.m.
L
Catherine Wheatley, City Recorder
Attest:
ayor, City of Tigard
Date:_ ''�.Qom. 10 _
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TIGARD CITY COUNCIL-- May11, 2010
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