CCDA Minutes - 06/08/2010 imCity of Tigard
Tigard Business Meeting - Minutes
TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD (LCRB)
& CITY CENTER DEVELOPMENT AGENCY(CCDA)
MEETING DATE/TIME: June 8, 2010/6:30 p.m. Srudy Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard —Town Hall, 13125 SW Hall Blvd.,'Tigard, OR 97223
May=or Dirksen called the meeting to order at 6:30 p.m.
Roll call:
Name Present Absent
Mayor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
Staff present: City Manager Prosscr., Assistant Cit- Manager Newton,Cite Attorney Ratnis. Finance and
Information Services Department Director LaFrance,Community. Development Director Bunch, Public Works
Director koellermcier, Streets and 'Transportation Senior Project Engineer McCarthy,Redevelopment Project
Manager Farrell-,City Recorder Wheatley
STUDY SESSION
• Water Project'Tour: Councilor Webb and Council President Wilson indicated they plan to participate u.i the..
tour on.1 une 16.
• Mayor Dirksen requested that City Council members agree to his reducing his hours for mayoral
responsibilities from 20 to 10 hours per week with a commensurate reduction in pay. I-le has entered into a
contract for personal employment that he anticipates will last for at least three months. 'There were no
objections expressed to the Mayor's request. I-I is personal employment contract begins on )une 14.
Recessed City Council Meeting.
Convene City= Center Development Agcncy Meeting.
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES—June 8, 2010
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City Center Development Agency Meeting
Dame Present Absctit
Chair Dirksen ✓
Board Member-Wilson ✓
Board Member Buehner ✓
Board Member Henderson ✓
Board Member Webb ✓
• City Center Development Agency -Review Cite Center Advisory Commission Recominendation for
Downtown Urban Renewal Relocation Policies—Community Dcvelopment Department
Redevelopment Project.Manager Farrelly recounted that on April 13, he visited with the Cite Council about
the possibility of using urban renewal funds to subsidize temporary use fees for special events by existing
businesses in the downto-,,kni area. Cite Center Development Agency members requested this matter be
reviewed by the Cite Center Advisory Commission (CCAC). At the May CCAC meeting,it recommended
against the subsidy and suggested some alternatives. Instead of using urban renewal funds, they suggested
the City reexamine its fees and policies with regard to existing businesses that have temporary special events.
The City could make a policy decision to provide a fee exemption or reduction for downtown businesses
that have special events. Redevelopment Project Manager I,arrclly listed three options for the City Center
Development Agency's consideration:
1. Approve use of urban xcnexval hinds.
2. Revise the fee schedule so, for example, the first temporary use fee for a downtown business is frill price
but subsequent uses would be for a reduced fee if the applicant can show the site plan will be basically_
the same.
3. Exempt all downtown businesses from temporary*use charges.
The second and third options would have a minor impact the General Fund.
CCDA members discussed this (natter.. Board Member Webb advised she would like to follow the CCAC's
recommendation. Board Member'Wilson agreed with Board Member Webb and said eventually the CinY
should work-on the programming of activity downtown butJor now, he would rather have the money
spent on capital improvements. Board Member Bueliner voiced her agreement with Board Members Webb
and Wilson. Board Member Henderson commented that there is only one business asking for multiple
temporary use permits each year-in the downtown. Chair Dirksen said he also agrees with the CCAC
recommendation and that lie would like to have funding go towards capital projects in the downtown area.
One option the City Council might want to consider is to establish a permit for recurring events.
Redevelopment Project Manager Farreliy said staff should review any plans to close off or change access
during events. Mayor Dirksen said his idea would be that the permit would be valid for multiple events as
long as the event plans did not change.
Redevelopment Project Manager Farreily confirmed with the City Council that their preference for Option 2
above.
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 8, 2010
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• Cit37 Center Development Agency -Review City Center Advisony Commission Recommendation for
Downtown Urban Renexval Relocation Policies—Community Development Department
Redevelopment Project - Manager Farrelly reported that the Urban Renewal Plan authorizes the CCDA to
purchase propem, from willing sellers and it specifies that relocation policies must be adopted. Oregon
State law,ORS 35.500-35.5:10,governs the relocation,payments and assistance for persons or businesses
displaced that have been displaced by public agencies. He referred to the state lav summan, information
contained in the City Council packet. The City of Tigard,follows these policies when purchasing policies for
roads or parks; although, these polices have not been officially adopted. The City Center Development
Agency, according to rhe Urban Renewal Plan, must officially adopt a policy. Staff recommends that it be
stated that the CCDA policies shall be consistent with the Oregon Revised Statutes. The CCAC has
endorsed the staff recommendation. The City Attorney has advised that the CCDA could adopt those
policies b3' reference with any amendments specified. Chair Dirksen said that in reading rhe statutes, itis
clear that these laws apply when the CCDA approaches the property owner to buy property. He said he
would assume these statutes do not apple if the property was already for sale. City Attorney Ramis said he
thought Chair Dirksen was correct since usually tenants' leases contain language regarding what will happen
if the property is acquired by the public.
• Discuss Oregon Departinent of'1'ransportation Variable Nlessage Sign on Pacific Highway—
Public Works Department
Streets and'I'ransportation Senior Project Engineer IMcCarrhy reviewed the plan by ODO'F for the variable
message sign with the City Council. The signs are used to let drivers know of construction and
information about the road conditions. One of the target locations for these signs is oil Pacific Highwal
approaching Highway 217, 300 feet east of Greenburg Road (nett to a bus stop). 'There are concerns
about this location, including other activities competing for drivers' attention and the effect if would have
on the desirability of adjacent land.
Council discussion included the following main points:
• Councilor Webb suggested Mayor Dirksen contact Matthew Garrett of ODO"1'.
• Council President Wilson said he talked to ]anon Tell of ODO'i'vesterday. Mr. 'Tell said no final
decision has been made.
• City N'laiiager Prosser said ODOT had offered to send a representative to tonight's meeting;
however,staff wanted to give Council an opportunity to discuss first.
• Community Development Director Bunch, in response to a question from City Attorney Ramis, said
he was not sure how, the sign code regulations might apply. From experience, the ODOT right of
way has been under ODOT pun*iew. City Attorney Ramis advised lie recently contact the Attorney
General's office to determine if there is law that saes OD01'right of wayis exempt from local land
use processes. The Attofficy General did not find any exemption.
• Mayor Dirksen asked if ODO'T might be convinced to move the sign to the other side of Hall
Boulevard,near the Russ Chevrolet area. Streets and '1"ransportation Senior Project Engineer
11-IcCartliy said he believed the state was open to considering other locations.
• Mayor Dirksen noted the tremendous amount of work b),'Tigard on this section of Pacific Highway
to get it to.function better,while at the same: time improving its appearance. '11iis type of sign is in
opposition to these efforts.
• Council president Wilson said he asked (anon 'fell if there is a specific program for these signs.
Wilson said he drives by such a sign almost every day and, oil the rare occasion there is a message,it
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June S, 2010
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is to advise of an accident and he finds it to be a distraction. He cluestioned the value of these signs.
He would rather see the money. be spent elsewhere as the value of the sign when compared to the
detraction of its appearance does-not equate. Council Webb and Councilor Buehner supported
Council President's Wilson's questioning of the benefits of this type of-sigm.
• Mayor Dirksen noted there have been discussions about signage for Highway 217. Signs-ie being
considered that would offer information about travel times and current traffic conditions. These
signs would be about the same size as a speed linut sign. He suggested these are less obtrusive.
Council President Wilson responded he could see the value of these types of signs; that is,signs that
offer the same information all the time so a motorist could check them and evaluate the best route.
• City Manager Prosser checked-in on the discussion,at this point and confirmed that the Council
wants to pursue the ODOT proposal for a sign on Pacific 1-lighway.
• Streets and 'Transportation Senior Project Engineer 1\.7cCarthy said this is a time-sensitive issue
because there is an opportunity to install a conduit°for a sign,with the construction project that is
underway. One option would be to explore the location between 1-lall Boulevard and Highway 217.
Several Council members indicate this would be more acceptable. Mayor Dirksen suggested we ask
ODOT to reconsider this signage issue in light of other signage issues under discussion for Flighwai.
217. He questioned whether ODO'T staff for these two projects has communicated.
• Streets and Transportation Senior Project Engineer,McCarthy said a workshop discussion could be
scheduled. In the meantime,'Tigard staff would continue to pursue options with ODOT.
• City Manager Prosser advised of another issue the City is having with ODOT,,vith regard to Pacific
Highway. In keeping with the City Council's goal to improve the appearance of Pacific Highway,
Tigard has pushed for tree plantings in a median. 'The ODOT maintenance staff is telling Tigard
they will not allow"Tigard to plant trees unless 'Tigard agrees to take over the mauuenance of the
median because ODO"I"cannot mow if trees are planted. Councilor Webb commented there are
already trees at this location. Cin•]Manager Prosser added that ODO'T also wanred'Tigard to take
over the resjlonsibility of sweeping Pacific Highway. Brief discussion followed about other Ma
rights-of-way and medials in the region that are maintained and have many trees planted. Powell
Boulevard was one example. City Manager Prosser said he's asked Assistant Community
Development Director Hartnett to contact the City of Portland to determine what type of
arrangements they have with ODOY
• In response to a question from Councilor Henderson, Streets and'Fransportation Senior Project.
1=:nginecr McCarthy advised that"no sign" could be an option. Streets and'Transportation Senior
Project Engineer McCarthy said he thought there is substantial benefit to'Tigard drivers for a sign
somewhere in this area.
• Discussion followed. Councilor Webb pointed out the limited options for selecting another route if
the sign is located within this area. Councilor Henderson suggested it would only serve as a
courtesy. Councilors Webb and Henderson indicated they would say"no" to this sign.
• Mayor Dirksen said 'Tigard's position could be that we would prefer no sign, but if ODOT presses,
we could suggest alternate locations. In response to a comment by Councilor Henderson, Streets
and Transportation Senior Project Engineer iMcCarthy advised these signs are used to post Amber
Alerts.
• Ciry Manager Prosser said staff would invite ODOT staff to attend a future Council meeting.
• Community Development Director Bunch said staff would review the sign code.
• Administrative Items: Cit}y Council and City Manager Prosser reviewed the following:
■ Agenda Item 3.6—See attached for changes to the "Memorandum of Understanding," which has been
renamed "Subrecipient Agreement for Public Improvement Projects..."
■ Agenda Item 8—Tigard City Council
i Technical Adjustments 1-8 (sent in the 6/=1/2010 Council Newsletter)
TIGARD CITY COUNCIL/LCRB/CODA MINUTES—June 8, 2010
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i Technical Adjustment 9 --As of lune 8, 2010
■ Agenda Item 9—Tigard Cite Center Development Agenc}
.o- Technical Adjustment 1
■ Tigard Tualatin Relay for Life—.July 17-18 (10 a.m. tee 10 a.m.) —Tualatin E-liglh School Football field.
See attached communication from Julie Hajduk.
• Introduction to Agenda Management Software Application, AgendaQuick—Cin- Recorder Wheatlev
reviewed progress in implementing; the AgendaQuick soffware to process the Cin. Council agendas and
packets.
• EXECUTWE, SE'SSiO\t: Not held.
Study Session concluded at 7:20 p.m.
1. BUSINl SS ME-'E".FING
1.1 Mayor Dirksen called the Tigard City Council and Local Contract Review Board to order at 7:30:30
13M
1.2 Roll Call
Name Present Absent
1\4ayor Dirksen ✓
Council President Wilson ✓
Councilor Buchner ✓
Councilor Henderson ✓
Councilor Webb ✓
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
2. CITIZEN CO)\ iMUNICATION
7:31:59 1'M
• Debi Mollalhan gave report from the Chamber of commerce. A copy of a summary of this report is on
file in die City Recordef s office.
• Citizen Communication—Sign Up Sheet
7:34:58 1'M
✓ Cleon Cox, 13580 SW Ash Avenue,Tigard OR 97223,presented the following testimony:
• 'Thanked the 111ayor for recent"kudos"in the paper.
■ Referred to comments regarding revisiting the Ash Street Extension. He said he thought this
matter was settled a long time ago. If discussions are scheduled, he hoped people would be
notified.
■ Commented on his opposition to VIES (high-capacity transportation). He pointed out that this
is not performing as expected.
■ He has written to Council President Wilson regarding the discussions for light rail extending
from-Barburto Pacific Highwvay. Light rail in the region has not worked that well,and cited
increases in crime along the MAX route in Clackamas County.
'TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 8; 2010
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• He questioned whether light rail is needed. It is a-lof-of money and would include urban
renewal dollars. When urban renewal funds are used,it is at a cost to fire,school,and police
sen-ices in the future.
• 1-le hoped that the City Council is looking at the light rail proposals more deeply than what are
has been provided by the administrators. Adan),people in the public do not take the time to
voice their opinions to their elected officials.
■ He commented on the issues\with getting people involved. He suggested work is needed on
the web site and advised he finds it difficult to determine how lie can send a message to City
Council on the City's web page.
Council President Wilson,in response to an observation by Mr. Cox,advised it's best to address an
email to tlne A,lati,or or individual Cit},Council member. All of the Council receive the email,but if a
person is named as the email recipient,that person will feel obligated to respond.
Mayor Dirksen advised that any discussion about the Ash Street (Walnut Street)extension would be
part of the review of the Transportation System Plan,which is currentli-underway. Cite Manager
Prosser advised the Tentative Agenda is now shoo-inng a July 20 workshop item for die first Cine
Council discussion of the I)Ianninng Con vilission recommended Tigard 2035 Transportation System
Plan. A second workshop discussion is scheduled for August 17,2010. Mayor Dirksen advised that at
these workshop meetings die City Council will receive and review reports,ask questions of staff,and
send questions back to the Tigard Planning Commission if clarification is needed.
Mr. Cos asked if people would be notified if changes are suggested for specific areas. Mayor Dirksen
said that construction projects would be discussed during the Capital Improvement Program priority-
setting process that occurs each year with a separate public input process. Council President Wilson
added that the Transportation System Plan is a long-ternn"vvish list"of projects that are not necessarily
funded. 'I1ne Ash Street(Walnut) connection has been in the Transportation System Plan for about 15
years. This connection,,vas included in the Downto-vvn Plan,but because of controversy,it was
,,vithdrawn;however,it remained in the Transportation System Plan. With the update of the
Transportation System Plan, some people are interested in this connection once again. The extension
would be an extensive project and is not funded in any scenario at this time.
Councilor Buelvner advised the'Transportation System Plan is a state-required Plan Nvith a 50-year
outlook.
Mayor Dirksen addressed Mr. Cot's comments regarding high-capaciry transit 0-IC'l) coming from
Barbur Boulevard to Pacific Highway. Rail is the front-runner for this 1-IC1'project;however,it is not
the only choice. The process is in the very early. stages. The corridor is being analyzed in terins of
transportation and;land uses. "I"hese analyses nnust be completed before any firnn decision is made
about what"that kind of transit would look like." Several months ago,stakeholders (business and
property owners) were invited to a preliminary discussion and about 135 people attended. The Land use
and transportation review processes Evill take about three years including a citizen input process. The
soonest we could anticipate a Final plan that might lead to construction would probably be a minimum
of ten years.
Mr. Cox said his concern is about the process from the information gathering on to the public hearings.
lie said that by the time these types of projects get out to the public,everything is set. The hearings
and what the people to say have no effect. Mr. Cox said we won't need a rail system in this area for well
over 50 Years;buses would do a fantastic job.
TIGARD CITY COUNCIL/LCRB/CCDA.MINUTES —June 8, 2010
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7:46:32 PAM
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)
3.1 Approve City Council Minutes:
a. March 30,2010
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Appointment of john Storlun to I ill Remaining Library Board'Perm of Resigning i\4unber Karen
Levear and Grace•Amos t6 Temporarily bill Vacant Seat of Library Board Member Scott Hancock,
Deplored by the United States 1\Military Until May 2011 —Resolution No. 10-25
A RESOLU'T'ION APPOINTING jOI-IN STORHM, I..IBlZr\RY BOARD MEMBI R,-1"0 F111.
'I'l-ll,PEMAINING '1'1:R1\1 OF RESIGNING'1\ME MBI-ER KAIZEN AND APPOINTING
GRACE AMOS,CURRENT LIBRARY BOARD t\l.;T'I�i��11\'1'E,TO 1711.1.,TI-IL POSITION
"1'Ft41PORARILY VACA"I1---D BY SCO`17r HANCOCK DUF-TO MILITARY Dl" PI_OYi\'11-'NT
3.4 Approve 2010 Application to the Department of Justice for an Edward Berne Memorial justice Grant
3.5 :Approve Grant Application to die Department of justice. for die Community Oriented Policing
Services (COPS) Hiring Recovery Program Grant.
3.6 Approve. Sub-Recipient Agreement for Public Improvement Projects
with HaN Bottle-vftrd im"prevemetit-i j-,4--G Community Partners for Affordable Housing
3.7 Approve 13orrowing Authority to finance Road Projects -Res. No. 10-26
A RI�-'SOLUTION 0F'TI-IE CI'l"Y Ol"TIGARD,WASHINGTON COUN'1"Y, ORf-GON,
APPROVING A BORROWING TO FINANCE ROAD PRO jI CTS
3.8 Approve Budget Amendment#10-03 to Receive Gra.tit Funds for Fiscal Year 2010 -Res. No. 10-27
A RESOLUI-I ON'T'O AP13ROV12 BUDG 1 '1'AAM13NDI\IEN'T'#10-03'1'O RECOGNIZE
RECEIP`1"OF GRANT RE\TI:NUI S AND MAKE CORRESPONDING A13PROIIIZIATIONS IN
THE, GENERAL I UND AND WA'ITR FUND FOR CONVVIUNHY DI-VEI..0PI\413NT,
COMMUNI'T'Y SERVICIHS,AND PUBLIC WORKS DL-"PARTI M1_.NTS [--OR FISCAL.Yl EAIZ 2010
3.9 Local Contract Reviexv Board:
Award Contract for Natural Resource/Planning Consultant to Assist in Developing an
Incentive-based'free Grove Preservation Program
Motion by Council.President Wilson,seconded by Councilor Webb,to approve the Consent Agenda.
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES'—June 8, 2010
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
7:49:23 PM
4. PUBLIC HEARING—CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES
SERVICES QUALIFYING FOR STATE SHARED REVENUES
a. Mayor Dirksen opened the public hearing at 7:49:36 PM.
7:49:51 PM
Finance and Information Services Department Director LaFrance presented the staff report and a
PowerPoint presentation overviewing the Budget approval agenda items before the City Council this
evening. The presentation slides are on file with the City Council packet materials pertaining to budget
adoption,Agenda Item No. 8.
b. Summation by Finance&Information Services Department
Senior Analyst Collins reviewed the staff report and the proposed resolution before the City Council.
C. Public Testimony -8:11:14 PM None
d. Staff Recommendation-8:11:29 PM
Staff recommended that the City Council adopted the proposed resolution.
e. Council Discussion—None
f. Mayor Dirksen closed the public hearing at 8:11:39 PM
g. Council Consideration: Resolution No. 10-28
Motion by Council President Wilson,seconded by Councilor Webb,to adopt Resolution No. 10-28.
RESOLUTION NO. 10-28—A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD
PROVIDES SERVICES QUALIFYING FOR STATE-SHARED REVENUES
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 8, 2010
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5. PUBLIC HEARING -CONSIDER A RESOLUTION DECLARING THF-. Cl'I Y'S ELECTION TO
RECEIVE STATE SHARED REVI,--NUI S
a. Mayor Dirksen opened the public heai7ng at 8:12:19 PM
b. Summation by Finance& Infoi-rnation Services'Department
Senior Analyst Collins rev imved the staff report and the proposed resolution before die Cite Council.
C. Public Testimony--8:13:17 PM None
d. Staff Recommendation
Staff recommended that the Cite Council adopted the proposed resolution.
e. Cotuncil Discussion
In response to a question from Councilor Henderson,Finance and Information Services Department
Director LaFrance advised that the revenues from state-shared revenues comes from the liquor tax. 1-le
identified that 20%of die state liquor tax goes to the state-sliared revenues,which local governments
receive if certain scivices are identified. He said that 14%of rhe liquor tax goes to the state-revenue
sharing,revenues, and these funds are"general purpose funds" to be used in any way the local
government sees fit. Mayor Dirksen added that other revenues include cigarette tax,9-1-1 emergenc\.-
tax and state gas tax. l"inane and Information Services Department Director LaFrance clarified that
those other tevenues identified by Mayor Dirksen do not"play into the state-revenue sharing revenues.
The sharing is apportioned on a per capita basis.
f. Mayor Dirksen closed the public hearing. 8:14:57 PM
g. Council Consideration: Resolution No. 10-29
Motion by Councilor Webb,seconded by Councilor Buelnner, to adopt Resolution No. 10-29.
RL:SOLUTION NO. 10-29—A RESOLU'T'ION DECLARING THE CITY'S ELECTION TO
RECEIVE STATE REVENUES
The motion was approved by a unanimous vote of Cnry Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buelnner Yes
Councilor Henderson Yes
Councilor Webb Yes
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES —June 8, 2010
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8:15:30 PM
6. PUBLIC HEARING -ADOPT CAPITAL IMPROVEMENT PROGRAM FOR 2010-2015
a. Mayor Dirksen opened the public hearing.
b. Summation by Finance&Information Services Department
8:15:47 PM Senior Analyst Collins reviewed the staff report and the proposed resolution before the
City Council.
8:17:39 PM Finance and Information Services Department Director LaFrance pointed out one
particular program within the Capital Improvement Program,the Pavement Management Program.
Staff distributed and reviewed highlights of a June 8,2010,memorandum from Senior Project Engineer
McCarthy regarding Street Maintenance Projects. Finance and Information Services Department Director
LaFrance.
Mayor Dirksen called for questions of staff on this item. He noted that Commercial Street is slated for
an overlay. He said he has some concern that this street be included in the project list during the same
year that Burnham Street is under complete reconstruction. For future discussion,he recommended
that this matter be placed on a future City Council agenda to reevaluate one of those projects and
placing another project in its place until Burnham Street complete. Council members indicated they
agreed with Mayor Dirksen's recommendation. Mayor Dirksen added the City Council will still
consider the proposal before them this evening;a reallocation can occur at another time.
C. Public Testimony- 8:21:58 PM None
d. Staff Recommendation: Staff recommended adoption of the 2010-2015 Capital Improvement Program
as presented.
e. Council Discussion 8:22:13 PM -None
f. Mayor Dirksen closed the public hearing at 8:22:26 PM
g. Council Consideration: Motion
Motion by Council President Wilson,seconded by Councilor Webb,to adopt the 2010-2015 Capital
Improvement Program with adjustments as recommended by staff.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -June 8, 2010
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8:22:48 PAI
7. CONSIDER A IT-SOLUTION ADOPT"ING CJTNVIDI:. RTAS E,'R.FEES AND CHARGES
SCHEDULE,VUl-IICH REPLACES RF_.SOI.,UTION N0,09-44=AND ALL.SUBSEQUENT
AMENDMENTS
a. Staff Report: Finance&Information Services Department
Senior Analyst Collins reviewed the staff report and the proposed resolution before the City Council.
b.. Council Discussion
Councilor Henderson noted that many fees are proposed to be increased by more than 150% ; most
of the increases are in the Community Development Department's fees. He said he understood that
changes for some fees; such as Clean Water Services,was out of our hands. Almost every- fee is
increasing. Senior Analyst Collins said increases in the Community Development Department area
are based on the construction cost indices and are a way to recapture the costs for providing
planning services. Many of the increases in the planning fees have to do with the information
processing and archi�,iig fee.
Finance and Information Services Department Director.Larrance addressed Councilor Henderson's
questions regarding increases for retrieval of materials that have been confiscated from the right of
way. These are new or increased charges to remove,signs placed in the right of Wray. Councilor
Henderson said it does not read that tvay to hin;
City Manager Prosser said sone jurisdictions charge a surcharge rather than acid the information
processing and archival fee to the existing fee. Many of the changes are because of this
information/archival fee-along-with the construction cost indices and adjustments to make sure fees
are adequately recovering costs. Sone fees•did;go'down.
8:29:43 PM
Community Development Director Bunch-addressed the fee for modification to existing signs. This
is'one of the fees staff-researched across the region and discovered that the Tigard fees were at the
low end. Our actual costs are much more than the fee charged. The proposed fee increase will
mean the fee will be-in an amount equal to about the mid-range of the regional average of what
other jurisdictions are charging.
"There was discussion on the riming of the review to reevaluate and consider changes to the Master
Fee Schedule. This.is before the Cite Council on an annual fiscal-year basis for implementation on
Juli, 1. There was an adjustment to building fees last fall.
Mayor.Dirksen noted lie appreciated Councilor Henderson's concern regarding the fee increases as
it is difficult:to be continually in a position to raise fees. 'The increases are because of increases of
costs to•the City and,if the fees are not increased to meet associated costs, then the Cin'would be
losing-money on each,pernnit. Failing to increase the fees would result in a reduction of the City's
ending-fund balance. If people who are receiving the service do not pay for it,then all the rest of
the citizens have to pick up the cost. Finance and Information Services Department Director
LaFrance confirmed for Councilor Henderson that some of the fees are based on construction
indices along with other factors, such as readjusting fees to bring it closer to the market average.
TIGARD CITY COUNCIL/LCRB/CODA MINUTES —rune 8, 2010
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Councilor Henderson said it is his understanding that the construction index is five years in arrears,
so this means we as we edge forward in the recession, then the fees should eventually decrease.
Finance and Information Services Department Direcior LaFrance said this aught be the case.
Community Development Director Bunch said the assessment for building permits has declined a
small amount. Most of the fee increases are "related-to the archiving and processing fee that was
added because of the need to meet archiving standards.
Councilor Buehner said it is important that those who use the service pay for the service. Citizens
should not be subsidizing services purchased for development or business. Mayor Dirksen
commented that despite our best efforts, there is a subsidy taking place. He said lie was involved in
the Countw-wide process to review the Traffic Impact Fee,wluch is now going to be a
Transportation Developmcnr Tax. When the existing fee was reviewed and compared to the most
recent estimates of what the actual cost of development was,it was discovered that the fee being
charged the developer only covered about 15%of the actual cost. A decision was finally made to
double the fee,which still means a 70% subsidv.
Motion by Councilor Webb,seconded by Council President Wilson, to adopt Resolution No. 10-30.
RIESOLUTION NO. 10-30—A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES
AND CHARGES SCI-IEDULE WHICH REPLACES RESOLUTION NO. 09-44 AND AL]_.
SUBSEQUI ENT AMENDMENTS TO DATE
The motion was approved by a majority yore of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Bueliner Yes
Councilor Henderson No
Councilor Webb Yes
8:38:31 PNI
8. PUBLIC [-HEARING - CONSIDER A RIESOLU'rION OF THE CITY OF TIGARD ADOPTING
'11-IE BUDGET,MAKING APPROPRIATIONS,DECLARING 'H'I-1AD VALORE-M IA\ LEVY,AND
CLASSI1)'ll\TG THE LEVY AS PROVIDED BY ORS 310.060 (2) 17OIZ DISCAL YEAR 2010-2011
a. Mayor Dirksen opened the public hearing. 8:38:40 PRI
b. Summation by finance& Information Services Department
Finance and Information Services Department Director I..aFrance presented the staff report. By
approving the proposed resolution, the Cit?Council will be adopting the approved budget with the
technical adjustments as presented. 'flee resolution will allow us m provide itlformation to\Vashiiagton
Count. so that various taxes can be levied and the City of'17igard can receive revenues necessary to
provide services. ']'his allows us to have the appropriations in the multitude of funds for the City to
provide the services and build the projects needed\vitlun the City of Tigard.
Cite Manager Prosser asked for clarification on the technical adjustments. finance and Information
Services Department Director 1-a France said there were eight adjustments provided on June 4,2010.
T7ne Citv Recorder received and distributed the ninth technical adjustment to the City Council during
the Study Session earlier this evetnnng. '111e technical adjustments were available for citl7.en review at.the
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back of the room on the podium He confirmed for City Manager Prosser that the schedule of
appropriations before the City Council is the approved schedule of appropriations. 'rhe technical
adjustments will then adjust the approved schedule of appropriations to create the adopted budget.
Cit)= Manager Prosser advised the Cit),Council that if it wants to adopt all of the technical adjustments,
the Council will need.to amend the schedule of appropriations with the technical adjustments. A
second vote will be needed on the resolution as amended.
*Motion by Councilor Buehner to adopt Resolution No. 10-31 to add the nine technical
adjustments that have been discussed.
Mayor Dirksen noted there was a motion on the table. lie called for public comment on the budget.
C. Public Testimony- 8:42:38 P114 None
d. *Council President Wilson seconded the motion on the table.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buchner Yes
Councilor Henderson Yes
Councilor Webb Yes
Motion by Councilor Webb,seconded by Council President Wilson,,seconded by Council President
Wilson, to adopt Resolution No. 10-31,as amended.
RESOLUTION NO. 10-31 —A RESOLUTION OF THE CI'T'Y OF'f'IGARD ADOPTING THE
BUDGET, MAK-ING APPROPRIA'T'IONS, DECLARING "1'1-[1 All VALORE-,'M TAX LI�—'VY,
AND CLASSIFYING '1'I-!E LEWY AS PROVIDED BY ORS 310.060(2) FOIL FISCAI..YEAR
2010-11,AS A117ENDl-ll
C. Mayor Dirksen closed the public hearing
f. 'T'lne motion Nvas 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
Recess City Council Meeting(Motion by Council)
Mbtion.by Council President Wilson,seconded by Councilor Webb,to recess the City Council meeting. 8:44:33
13M
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Couiicil Presidenit Wilson Yes
Councilor Buelnnier Yes
Councilor Henderson Yes
Councilor Webb Yes
Convene City Center Development Agency(CCDA)Meeting;approximately 8:40 PM
s Chair Dirksen called the City. Center Development Agency- to order.
o Roll Call: Chair and Board Members of City Center Development Agency
Name Present Absent
Chair Dirksen ✓
Board Member Wilson ✓
Board Member Buelhner ✓
Board Member Henderson ✓
Board Member Webb ✓
8:44:49 PM
9. APPROVE A RESOLUTION ADOPTING THE. FISCAL YEAR 2010-11 BUDGL'I', MAKING
APPROPRIATIONS,AND IMPOSING AND Cr1'I'L-GORIZING TA'
a. Chair Dirksen opened the public hearing 8:45:25 PM
b. Summation by Finance& Information Services Department
Finance and Information Services Department Director LaFrance reviewed the staff report and the
resolution before the CCDA to adopt the CCDA budget. The CCDM is an urban renewal agency
within the City of Tigard. Formation of the district allows the value of the assessed value of the
propemv be frozen within the District. 'i'he growth in the assessed value is dedicated to the urban
renewal agency for 20 years. There are t-wo fiends. One is the debt-senvice fiend that collects the
property taxes and pays off debt incurred by the CCDA. The second fund is the capital fund where
projects are identified to improve die district and make downtown Tigard a more attractive place to
come lige and do business-within. The projects,in turn,help increase the assessed value.
There are three main items that are part of the CCDA budget this coring fiscal year.
1. A-slate of projects that are intended to improve the doxti*nto\vni'Tigard area.
2. Design elements relating to the Burnham Street reconstruction that were part of the project because
the street is within the district boundaries.
3. Repayment information and documentation on loans to the CCDA from the City of Tigard.
Finance,and'Information Services Department Director LaFrance referred to the one technical
adjustment noting it was a"carry forward"of appropriations.
C. Public Testimony-8:50:55 PM None
d. Staff Recommendation: Adopt the proposed resolution.
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C. CCDA Discussion -None
f: CCDA-Consideration: Resolution No. 10-01
Motion by Board Member Buehner,seconded byBiaaid Member Webb,that the CCDA amend
Resolution No. 10-01 to add die technical amendment staff presented to the CCDA.
T'hc motion was approved by a u nanitilous Note of City Center Development Agency Board Members
present.
Chair Dirksen Yes
Board Member-Wilson Yes
Board Member Bueliner Yes
Board Member Henderson Yes
Board Member Webb Yes
Motion by Board Member Wilson,seconded by Board Member Webb,that the CCDA amend
Resolution No. 10-01 to add the tecliziical amendment staff presented to the CCDA.
Chair Dirksen closed the public hearing. 8:52:05 PM
CCDA R-ESOLUTION NO. 10-01 —A RESOLUTION ADOPTING '1'I-IE FISCAL YEAR 2010-
11 BUDGET,MAKING APPROPRIATIONS,AND IMPOSING AND CATEGORIZING
'I"AXES, AS AVENDED WlTl-I T1-11" '1'ECl-INICAL ADJUST1\4ENT
The motion was approved'by a unanimous vote of City Center Development Agency Board Members
present.
Chair Dirksen Yes
Board Member Wilson Yes
Board Member Bueliner Yes
Board Member Henderson Yes
Board Member Webb Yes
8:52:36 PM
10. RIHVIEW AND APPROVE,THE FY.2010-11 DOWNTOWN,REDLVELOl'MLNT WORK PLAN
Redevelopment Project Manager Fairellj-presented the work plan to the CCDA members, as detailed in the
staff report on file with the Council packet meeting materials.
Tbc.proposed matrix of the work plan vas reviewed and approved by the City Center Advisory
Commission at its May 2010 meeting.
Motion by Board Member Wilson, seconded by Board Member Webb,to adopt the work plan.
The motion was-approved by a unanimous dote of City-Center Development Agency. Board Members present.
Chair Dirksen Yes
Board Member Wilson Yes
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Board Member Buehncr Yes
Board Member Henderson Yes
Board Member Webb Yes
9:02:22 PAI,
Motion by Board Aicmber Webb,seconded by Board Member Buchner, to adjourn the Cit v Center Development
Agency
'1"he motion was approved by a unanimous Note of City Center Development Agency Beard Aiembers present.
Chair Dirksen Yes
Board Member Wilson Yes
Board Member Bueliner Yes
Board Member Henderson Yes
Board Member Webb Yes
Aiayor Dirksen reconvened the City Council tneeting% 9:02:25 PM
9:02:34 131\I
11. I-IIHARIN.G —CONSIDER RE-iMO lAI.OF PLANNING COMMISSIONER RL\ CAFFAL,I..
a. City Manager Prosser presented the staff report,including the following:
■ 1_.ast month staff solicited from each of the Planning-Conunission members the topics they would
like to discuss or cover as the Colnnlissit>n proceeded with its review of the Transportation SYsten7
Plan.
■ One of the alternate members of the Planning Commission made some suggestions for topics.
Planning Commission Caffall took exception to those suggestions and sent an email to the alternate,
which was also copied to the Planning Commissioners. ''liar email was intemperate,could be
considered abusive and,possibly threatening.
■ In response to the email,Planning Comnussion President Walsh contacted Commissioner Caffall
and asked him to apologize to the alternate and the rest of the Planning Commission
Commissioner Caffall declined to do so.
■ Subsequently,-Planning Coininission President Walsh requested that Commissioner Caffall resign
from the Planning Commission.
■ Staff brought this to the attention of the Cin. Council and this matter was discussed during the May
25,2010,Cin, Council Studs• Session. Council authorized the Mavor to send a letter to
Commissioner Caffall supporting President Walsh's request for his resignation. If Nlr. Caffall chose
not to resil,111, the Cin-Council would schedule a hearing to consider his continuation on the
Planning Coinunission.
■ The Tigard Municipal Code provides that this type of hearing can be held in an Executive Session
unless the individual involved would prefer a public hearing. Commissioner Caffall contacted the
City and stated he preferred this matter be addressed in a public hearing.
■ The question before the City Council 15, Does lbe email enld subsequew ro/799111/111LtilloilJ'sY.w I;y C.onIffil1.ISI'0110,
Currr/l rzie to the lex/of mrseuudiaY.jrrslrb�ing his Ir»>olrr/finm lbe Planning CU/77/Ivsj on?
City Attorney Ramis provided information regarding Code requirements and process:
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -June 8, 2414
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■ The Code provisions at issue in this matter.are found-in Section 2.05.030 of the Tigard Municipal
Code: These provisions are not extensile. Removal is based upon the standard of misconduct and
that determimtiowcamonly be made after a hearing. This is-the time for the hearing.
■ Misconductis-notdefined by the Code,but in-other jurisdictions where the issue has been taken up
and litigated, the standard has been held to be broad and to leave in the hands of the decision-
maker broad discretion to define the behavior'that constitutes misconduct. Cases also say that
conduct needs to,go beyond mere ignonince-and that the conduct must relate to official duties.
■ The Council's obligation now is to liear.aO testimony that is presented to resolve any factual
disputes and then to make a determination as to whether the facts meet the standard of niiscouduct
according to the judgment of the City Council.
b. Mayor Dirksen opened the public hearing.
C. 'f"estimony
Comments by City Council members were called for by Mayor Dirksen.
Councilor Webb said the City Council came-into possession of the email when President Walsh asked
for Commissioner Caffall's resignation. At that time,the Council had the opportuiiin,to read the
comments-and to await Commissioner Caffall's decision=regarding whether he was.going to resign.
Councilor Webb said she personally was offended by the,email noting that she believes if she had sent a
similar communication she would have been instantly removed from any of the committees she serves
on. She.said it is clear that you do not threaten or use the type of language that would make someone
uneasy or afraid to go out of their house. She asked the]Mayor if he would write a letter and she
believes the other City Council members supported this request. The Mayor sent the letter to
Commissioner Caffall who then requested a hearing.
Council President Wilson advised he served as,the Planning Commission Chair for a number of years.
There are always many different personalities and people have a different way of expressing themselves.
He said his impression of Commissioner Caffall's email was similar to rhe impression expressed by
Councilor Webb. It is fine to disagree,even vehemently,about.a substantive issue;however,lie said the
disagreement shotild never resort to personal attacks on another Coinnzission member or a member of
the public. Council-PresidentWilson said it is'his tindetstanding that people who know Mr. Caffall and
his sense of humor might have received a different impression of this email. However, so much
communication is non-verbal and in rhe"age"of email,a written message might be received differently
than the same words coiriinuinicated personally.because-of the absence of the non-verbal cues;i.e.,a
smile. les important when wtiting emails to be careiid with the message you send. The subject email
goes well beyond what is acceptable from one of our City's boards or commissions.
Councilor Biuehner.said she agrees with the statements.made by Councilor Webb,and Council President
Wilson. She served for three years with Mr. Caffall on the Planning Commission before being elected
to.the City Council. During that three-year period,Mr. Caffall made statements to her she felt were
abusis,e and hurtful. She said she spoke.to him about these statements at the time to let hien know she
did not think this was appropriate behavior. It appears that the inappropriate behavior continued.
Councilor Bueliner noted it is painfuul to reach this kind of assessment,but she feels she has no choice
at this point.
Councilorl-lende_rson advised lie is not acquainted with Mr.Caffall. He attended his first Planning
Commission last night and he observed a synergy-afriong the group,which included some.humor being
shared-among tlie--members. He said he feels that,lvfr.Caffall,over the last sig:years, has become more
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of a force with the Conuiission and night have.bclieved he had certain rights. Councilor Henderson
said'he appreciated Mr. Caffall's comments,indicating his.remorse in his letter to the Planting
Conunission. He conunented on the.nanire,of eniails and how a message can be misunderstood. He
said he looks forward to hearing from Mr. Caffall as,he.has;not heard his side on this matter.
Mayor Dirksen asked Mr. Caffall to come forward and address the City Council. Ali. Caffall distributed
a copy of his prepared statement,which is on file with the Council packet meeting materials. h-le said he
has served on die Planting Commission for six Sears in a voluntary position with the City. Mr. Caffall
read his statement. He concluded his comirieuts b},saying.
I ani disappointed in smre itspecl.;Thalyaincill feel the ivgyyoll(to, Gll/I can understand ll.,ul position. 1 a#1
jaoing to/eat�eyo»ninth a $ln el Kilr�croavn ll�alyori call pas, arolJltd and eoir)nate each,otherassee fit
And, quite frank, if/heir'-aiybody.mull:alsp&/heir's or one or hvo Thal mza/ have the same sense o/
humor;folio»a11P111eai you a lube 0/'Prepaly on 1-1. And,in lhot'e)holds o_/lobing Ilgycherk,joll can lake
Me posilion and sl�i§11 I hank jou i ely,?Yn1dJ for heafilg ive, I appnet.iate it.
Nlr. Caffall left the meeting.
Mayof Dirksen asked if there was any6ne present who wished to speak in Mr. Caffall's behalf.
Carolyn Barkley spoke. Ms. Barkley serves on the CinCenter Advisory Commission.
Commissioner Barkley said she had not intended to speak on Mr. Caffall's behalf and said she does
not even know him. She said she has been involvcd with the Planning Commission over the last
year•and has attended a number of meetings. She indicated her surprise when she heard of this
matter because after her experience in attending Planning Commission meetings she had never seen
any indication that Commissioner Caffall would be an issue. She agreed with Councilor
Henderson's observation about emails and hove they can be misunderstood. She referred to her
participation on the City Center Advisory Commission and said she tends to "act out...i tend to get
myself in trouble with other commissioners." She has served on the City Center ,Advisory
Commission since its creation and noted that over the years she has said things that were not
appreciated.
Commissioner Barkley attended last night's Planning Commission meeting and was troubled with
what she heard;if fact, it is one of the reasons why she felt she should speak in defense Mr. Caffall.
At the Planning Commission meeting, the question was asked,"What's there to go downtown for?"
One of the Commissioners responded, "Well, tnet a haircut." Another said,"Well, that and
Tyler's Automotive." Comntissioner Barldey said that every time this question is asked and it gets
televised or repeated,it sounds as if there is no reason to go dowtitown Tigard until it is
redeveloped. She said she has a business on-Main Street and is struggling-with her business. She
continually gets the feeling that they do noi-matter in downtown Tigard because each time that
comment is repeated, the sentiment is reinforced.
Commissioner Barkley said Mr. Caffallhas.worked a long time with the Cite. Being a volunteer is
not always easy. It takes a lot of time and har&work. She said it would be appropriate to ask him to
behave better-and it would be appropriate to ask her to behave better. Removing him iti this
manner is harsh.
In response to Council President Wilson, Commissioner Barkley said shie°did.read Mr. Caffall's
email,and "if vas horrible. But, some of the things I've said have been horrible, too."
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Mayor Dirksen said he wanted to respond to Commissioner Barkley's comments about statements
made:regarding'the downtown. He commented he goes downtown all of the time—to the post
office, the Chinese restaurant, the brew pub, the j&velr -store, the Italian restaurant, the Wl1S
station,and for a haircut. He noted he has had heated discussions on matters with Commissioner
Barkely; however,he heti=er felt inti nated by her a7nd her continents. The comments made bti Mr.
Caffall were likely to intimidarc the member to which-the email was addressed as well as the other
Commission members. It seemed reasonable that the Commission members could be concerned
that iii the future,if they\were to air a view that Mr. Caffall opposes, then Would they subject to the
same address and'gerbil or email attack. That being the case, that concern would color their abihtp
to take part on the Commission and freely air their views and concerns.
Commissioner Barkley-said lklayor Dirksen-'s comments were well taken;however, she did not
believe that anyone on the Commission b0iifxied'his life was in danger. She clarified she did not
think the behavior of Mr. Caffall was acceptable and she is not defending his behavior. She said, "I
just,thouglit it might be not a bad idea to consider a reprimand of sort and to get some kind of
Policy in order..."
9:27:29 13M
Councilor Henderson said that he thought that Mr. Caffall had effectively resigned when he had
made.his final statement and left the meeting. He questioned if any further action was needed,
Mayor Dirksen asked City Attorney Ramis if Mr. Caffall's remarks and actions could be interpreted
as a resignation? City Attorney Ramis said it could be interpreted as a resignation; however, it was
ambiguous as to what he meant. Mayor Dirksen said that he thought that, for the record, the City
Council should consider the resolution to determine whether or not the majority of City Council
supports removal of Mr. Caffall from the Planning Commission. In response to a question by
Councilor Henderson, Mayor Dirksen said that Mr. Caffall's response could seem ambiguous
because he'did not actually say, "I resign," and it could nor be accepted as a formal resignation.
Council President Wilson added that when Mr. Caffall had been asked to resign, he.refused.
Councilor Henderson indicated.lie was "pretry sure that's what he said." Mayor Dirksen said based
on Mi. Caffall's comments on his "own verbal repartee, I don't know. Maybe that's part of it. I
thunk he could conic back and argue that that's what he was doing again."
Mayor Dirksen said the City Council should make a formal decision. Councilor Henderson
indicated he would abstain.
Mayor Dirksen asked if there was anyone else-present,vho would like to speak.
Mayor Dirksen said it was unfortunate that this has.happcned and it has come to this point. He said
he wishes Mr. Caffall had seen fit to apologize when lie asked. But,with it being brought to this
point, he said he continues to support the request of the Chair to ask for Mr. Caffall's resignation.
Motion by Councilor Webb, seconded by Mayor Dirksen, to adopt Resolution No. 10-32.
RESOLUTION'NO. 10-32— t1 RESOLUTION REMOVING REX CAFALL FROM THE
TIG-ARD PI.,ANNING COMMISSION FOR MISCONDUCT PFR TIGARD MUNJCIPAI.,
CODI�_,' 2.08.030
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9:30:28 PM
The motion was approved by a majority vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Abstain
Councilor Webb Yes
Council President Wilson suggested that a Code of Conduct be developed for Boards and Committees.
City Manager Prosser advised that this was discussed at an Executive Staff meeting earlier today and he
followed up on that conversation with Mayor Dirksen at noon. There are two staff people working on
a draft. The matter will be scheduled for a review at a Workshop Meeting and then bring it before the
City Council for final adoption. City Manager Prosser said it will take staff awhile to prepare the draft.
Mayor Dirksen said the City Council has groundtules that act somewhat like a Code of Conduct;
however, if the Council is going to adopt a Code of Conduct and enforce it for Boards and
Commissions,then it should apply to the City Council as well.
12. COUNCIL LIAISON REPORTS: None
13. NON-AGENDA ITEMS: None.
14. EXECUTIVE SESSION: Not held.
15. ADJOURNMENT
9:32:07 PM
Motion by Councilor Webb, seconded by Council President Wilson,to adjourn the meeting.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Wilson Yes
Councilor Buehner Yes
Councilor Henderson Yes
Councilor Webb Yes
Brine Xfteatley, City Recorder
Attest:
ity(off'Tigard
f r�
Date: -f , 1 . �(�
1:\ADM\CATHY\CCM\2010\100608 final.doc
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