CCDA Minutes - 08/18/2009 Agenda Item No.
Meeting o
City ofTigard
Tigard. Business/Workshop Meeting uses
TIGARID CITY COUNCIL/CITY CENTER DEVELOPMENT AGENCY`
MEETING DATE/TIME: August 185 2009 — 6:00 p.tn. - Business/Workshop Meeting
MEETING LOCATION: City of Tigard—Town lull, 13125 SW Hall Blvd., Tigard, OR. 97223
1. BUSINESS MEETING
1.1 At 6:07 PM Mayor Dirksen called to order the Tigard City Council.
1:2 Deputy=City Recorder Drager called the roll.
Present .Absent
Councilor Buchner x
Mayor Dirksen
Councilor Henderson x
Councilor Webb
Council President Wilson x (arrived at 6:10 pm)
Staff present: City Manager Prosser, City Attorney Hall; Assistant City Manager Newton, Public Works
Director Koelleitneier; Conurtun ty Development Director Bunch, Assistant Community Development
Director Hartnett, Associate Planner/Arborist Prager, .Associate Planner Floyd.., Finance and Information
Services Director LaFranc , Assistant Finance Director Stnith- agar, Senior Planner Wyss, .Acting Public
Workcs Confidential Assistant Mollusky and Deputy Recorder I rager
1.3 Pledge of Allegiance
1.4 6:08:50 PM Council Communications &Liaison Reports: Councilor Bueliner said Washington County
released the recommended urban and rural reserves maps and last week. She said there is a public
hearing on Thursday,August 20, at 5:00 p.m. in Hillsboro City I Ia1 An open house with maps
available for viewing will start at 4:007 p.m, Associate Planner Floyd showed a map of the proposed
reserves. Councilor Buehner noted that part ofTigard's reserves were not listed yet because the County
had not received the City's final report. She said staff will deliver it to the County on Wednesday so
anyone attending the open house and public hearing Thursday in Hillsboro will see modified maps
shoving all of Tigard's proposed reserves.
Council President Wilson arrived at 6:10 p.m.
1.5 Call to Council and Staff for Non-Agenda Items
City Manager Prosser announced that an Executive Session was scheduled immediately after the
Business meeting and before the Workshop meeting.
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6:13:43 PM CONSIDER A PROPOSED BALLOT MEASURE FOR THE NOVEMBER 3, 2009,
ELECTION FOR A BOND ISSUE TO PRESERVE NATURAL AREAS,AND DEVELOP
PARK-S,TRAILS
Mayor Dirksen said d-iis was a continuation of the discussion from the August 11,2009
Council meeting where some language changes were recornmended.
Public Works Director Koellen-neier said most of the language discussed at that meeting was incorporated.
He said Council President Wilson was included in an early review of the revisions since he had specific
comments and the Mayor was imavailable. He said this had gone through the City Attorney's office as well
as the Bond Counsel,and the consultants at the Tius t for Public Lands were cornfortqble witli the changes.
Mayor Dirksen confirmed that Council had a chance to review the new language. Councilor Buchner
expressed satisfaction with the language and noted that since it received approval from both the City's legal
and bond counsels, she recolyn-nended going forward.
Councilor Webb moved for adoption of Resolution No. 09-59.
6:15:34 PM John Frewing asked to speak. Mayor Dirksen said this was not a public heat=ing; the public
hearing on d-iis matter dosed at the August 11,2009 Council meeting.
Council President Wilson seconded the motion. Deputy City Recorder Krager read d-ie number and title of
the resolution.
6:16:23 PM A vote was taken and Resolution No. 09-59 passed unanimously.
Yes No
Councilor Buchner x
Mayor Dirksen x
Councilor Henderson x
Councilor Webb X
Council President Wilson x
EXECUTIVE SESSION
.6:16:')6 PM Mayor Dirksen announced that the Tigard City Council would be going into an Executive
Session. City Manager Prosser read the citation noting that Council would enter into Executive Session
under ORS 191660 (2) (h) for consultation with counsel concerning legal rights and duties regarding
current litigation or litigation likely to be filed,
6:17:35 PM Council moved into the Red Rock Creek Conference Room.The Executive Session ended
at 6:46 PM.
WORKSHOP MEETING
6:48:57 PM Mayor Dirksen opened the Workshop Meeting and recommended an agenda revision, moving
Agenda Item No. 7 to the beginning of the agenda.
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(Recorder's Note: Item No. 7.was heard out of order.)
7. BRIEFING ON A REMEDIAL ACTION PLAN TO ADD ESS ARSENIC CONTAMINATION ON
THE TIGARD PUBLIC LIBRARY GROUNDS
6:49:35 PM Public Works Director Koellermeier said this was an update on a remedial action plan to address
arsenic contamination at the library site. He introduced GeoEngincers consultant Chris Reemer who gave a
brief PowerPoint on the investigation and cleanup history. A copy of the PowerPoint is available in the City
Recorder's Office. Mr.Reemer said the arsenic contamination was apparently derived from pesticides
remaining from orchards historically present in the area. He said GeoEngineers have been working with the
Department of Envirom-nental Quality to develop a mitigation action plan.
Mr. Reemer said DEQ has not yet issued a formal written opinion but they have indicated that the risks to
human health will be adequately managed by using the following steps:
Fencing or covering the North Field
Fencing some streamand wetland areas -much of this work has already been done.
Discouraging use of access east of pedestrian pathway
Maintaining a bark dust cap near entrance and in the landscaped parking area
Mr. Reemer said DEC) has also offered the City the option of soil removal in the field north of the library.
Councilor Buchner asked about die expense if the City took out the contaminated soil. Consultant Reemer said
an estimate, depending on depth, is $30,000-$60,000, Mayor Dirksen asked how deep the contamination goes
into the soil. Consultant Reemer said DEQs concern is the top foot of soil
In response to a question from Councilor Henderson on encapsulation,Consultant Reemer said the volume of
soil involved makes removal and replacement with clean soil more cost-effective.
Public Works Director Koellermeier said grants are begin sought to help pay for soil removal. Mayor Dirksen
asked whether the City would remove more soil in areas where more active use is expected. He suggested
invasive plant species be removed at the same time.
Council President Wilson asked if the fence used would be split rail. Public Works Director Koellermcier said
split rail would be acceptable,with more signage.
Councilor Henderson asked if this would allow the City to get an NFA (no further action) letter from DEQ
Public Works Director Koellertneiet said it would.
2. BRIEFING, ON TIGARD TRANSPORTATION SYSTEM PLAN UPDATE
7:01:56 PM Senior Planner Wyss gave Council the second update on the update of the Tigard Transportation
Plan, noting the significant progress made since the project began on January 1, 2009. He said Phase One is
complete. Consultants Kittelson&Associates,Inc. have developed background reports and two draft chapters.
These are available on the City's website.
Senior Planner Wyss said staff met with the Transportation System Plan (TSP) Citizen Advisory Committee and
the TSP Technical Advisory Committee. A public forurn was held in late JLme to collect community input. The
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comrnents were reviewed and incorporated into docurnents where appropriate. He said the next set of
materials is being developed by the consultants and the next opportunity for community feedback Nvill beat the
Family Fest in September. Draft documents being prepared include a Needs and Deficiencies Report, Systems
Solutions Report, Draft Facilities Plan and a Financial/Ir plementntion Review. Senior Planner Wyss said
feedback from the community on these materials is vitally important to the effectiveness of the updated TSP.
He said staff hopes to get ample feedback to help at decision points. He said consultants and staff have met
with all Council members with the exception of Councilor Webb and invited her to meet with them.
Senior Planner Wyss said the contract with ODOT and Kittelson&Associates was scheduled for expiration at
the end of the calendar year but ODOT has granted an extension through March 31,2010.
7:OS:13 PM In response to a question from Councilor Buchner on the Transportation System Plan booth
location at Family Fest,Assistant City Manager Newton said it would be part of the street fair to be held from
1-4 PM in the parking lot between Tigard Sub Shop and Tyler's Automotive. Councilor Buehner asked when
the final report would start through the Planning Commission review process. Senior Planner Wyss said the
revised schedule had not been finalized but he thought the draft would be finished in February,with the final
coining before the Planning Corritnission and Council in late February or March.
Mayor Dirksen inquired about the level of understanding citizens seem to have about transportation system
issues. Senior Planner Wyss said the first public forum was not well attended and they hope to engage Nvid'i
more citizens during Family Fest. He noted that staff also plans to present this at local service organization
meetings, such as Rotary.
3. 7:11:00 PM UPDATE ON URBAN FORESTRY MASTER PLAN AND TREE CODE
Associate Planner/Arborist Prager said he and Associate Planner Floyd will update Council on these two items,
which are related. He said he has been working on the Urban Forestry Master Plan (UFMP)'with the Urban
Forestry Committee for the past year. He said these two projects are connected because the UFMP is studying
existing urban forest conditions and community preferences and will make recommendations for the Tree
Code. He said Associate Planner Floyd will be working with a technical committee to translate these specific
recomrnendations into code language.
Describing the timeline,Associate Planner/Arborist Prager said the UFMP Committee will come to consensus
at their final meeting in September, Council has been provided a draft of tlieir recommendations. After their
recotntriendations are fortrialized,the Planning Commission will then review them for consistency with the
Comprehensive Plan. In Late October Council is scheduled to discuss the Plan at a workshop meeting.
Adoption of the UFMP will be considered by Council in November.
7:15:27 PM Associate Planner/Atbodst Prager described how the UFMP has distilled information into
specified recornmendations, He noted that the City's current mitigation requirement has been controversial.
He said when a large tree is removed during development; there may be a requirement for it to be replaced with
20 or more small trees. If replanting does not occur, the developer can be required to pay a fee. Not only are
developers and the Home Builder's Association desirous of changing this requirement, other stakeholders such
,as ,
atborists and landscape architects are unhappy with it. They see the current standards as contributing to
over-planting of trees, which can be detrii-nental to healthy long-term growth due to excessive competition
between trees for space and light. He said the Urban Forestry Committee called for modifying the code to focus
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less on mitigation and more on preserving high quality trees as well as other recommendations to improve City
tree planting standards and specifications.
Associate Planner/Arborist Prager said other fficnies are: improving the City's landscaping code, developing'a
tree grove protection program, developing a hazardous tree program, improving the City's management of
its own urban forestry operations, and creating an urban forest stewardsl-dp program to support Tigard
citizens.
7:17:48 PM Associate Planner. Floyd discussed how the recommendations specific to the Tree Code will be
implemented. He said die Urban Forestry Master Plan is not itself-a code change, but it sets the stage to
comply with Council Goal#1.b—Update the Tree Code to meet the Comprehensive Plan.
He said the four objectives of the Tree Code updateue:
• Implementation of goals and policies of the Comprehensive Plan.
• Implementation of the Urban Forestry Master Plan recommendations as finalized by Council
• Compliance with state,regional and federal requirements
• Consistency with Council Goals and conu-nunity preferences
Associate Planner Floyd said staff will work wide a technical committee to develop draft code changes in a
transparent process with periodic check-ins with the Tree Board,Planning Commission and Council. He said
they would seek public comment throughout the process. He said that once a technically and legally sound
recommendation is developed,staff will seek input from local citizens and stakeholders Nvith an Arbor Day
kickoff.
Associate Plarmer Floyd said a scheduling problem is that the Interim Tree Code was not adopted by Council.
Staff is reconunending shelving the Interim Tree Code for the following reasons:
1. The building industLy is slow right now.
2. Takes energy away from staff and corninittee members
I Risk of confusing stakeholders and the public.
4. It was continued and not approved by Council.
Associate Planner Floyd asked for Council direction from about whether to stop work at this time on the
interim tree code.
7:25:22 PM Council Buelmer suggested that the first Workshop be a joint Planning Commission/Council
workshop in order to save time. Community Development Director. Bunch agreed, saying, "I want to make
sure they understand where Council wants to go on these issues." He said a number of workshops are
planned.
7:26:40 PM Council President Wilson asked about the recommendation to move Goal 1 from the
Development Code to the Municipal Code, suggesting that might be confusing for developers. Associate
Planner/Atborist Prager said lie will suggest to the Conunittee that this recommendation be dropped. Council
President Wilson said anything development related should be in the Development Code,and civil things
such as nuisance trees, would be in the Municipal Code.
7:29:04 PM Council President Wilson referred to Goal 3. - Develop a tree grove protection program. He
said he hoped this would not be too restrictive. He said he hoped it would be more incentive based rather than
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penalty based.Regarding initip,tion,Council President Wilson suggested maintaining at least-a nominal
mitigation fee as a minor disincentive and a revenue generator.
Mayor Dirksen said that because of Council President Wilson's landscape arcl-titecture background, knowledge
and concern he would like him specifically assigned as Council liaison to the Urban Forest Advisory
Committee, Council agreed. Mayor Dirksen noted that Councilor Henderson is the Council liaison to the Tree
Board but he didn't d-iink it would be a problem to have two councilors working on this issue.
7:32:09 PNI Council President Wilson noted that the City doesn't have a natural resource protection program
and have never done a Goal 5 analysis map. He said with the bond measure coining up the City will be buying
resources. He suggested that Council discuss at a future goal-setting session how to identify these resources, of
which forests are but one aspect.
7:13:35 PM Associate Planner/Arborist Prager said as part of the tree grove protection program upland tree
groves that don't have a water source nearby will be identified. He said protective easements were suggested
as an incentive to keep them in private hands but also offer them protection.
7:34:25 PM Councilor Buchner requested that as the Code is rewritten, cross-references be used to make it
more user-fliendly.
Community Development Director Bunch asked Council if they agreed with the suggestion to put the interim
tree code on hold. Council concurred with this.
4. DISCUSSION ON ANNE,XATION POLICY—UNINCORPORATED ISLANDS
7:36:56 PM Associate Planner Pagenstecher presented d-lis itern for Council discussion. He asked if Council
had any questions on the materials provided.
Mayor Dirksen referred to policy options in die staff report and said the offly reason to use Option 3 would be
a limitation on staff resources. He said, "If we are going to do it, we should do it all at one time. It would be
more efficient." He said one thing that initiated this discussion on island annexation was that he and other.
Councilors have been approached by WasItington County Commissioners about cleaning up island issues.
7:40:50 PM Councilor Buchner suggested staff meet personally with: property owners to find out their needs
and concerns before taking any action. Mayor Dirksen agreed that if Council decides to move forward, d-lis
should be the first step.
Council President Wilson asked diose Council members who had conversations with WashLington County what
die County's perspective was. He asked if these properties were difficult for them to service, Mayor Dirksen
said that was one reason but there are also concerns about public safety (questions about whether an address
was in or out of a city's boundary),street maintenance and code enforcement.
Councilor Webb said the County has spoken directly to all cities, and Beaverton and Hillsboro are currently
developing policies on annexing islands. Councilor Buchner commented that I-Ellsboto annexed 127 parcels in
February.
Councilor Henderson asked if surveys were included in die most recent annexation information outreach and
suggested asking owners if they wanted to annex now, or not at all. Community Development Director Bunch
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said what was included in the letters that went out was that if they wanted to annex, they should contact the
City. He said the City got very few responses. He agreed that future outreach should be in a different form
which would include meeting and talking to property owners. Councilor Henderson suggested surveying them
at that time to find out if they would be interested in annexing in one-year, five-years or ten-years.
Community Development Director Bunch said that from an administrative standpoint he recommends
following 1-Usboto's lead and annexing these properties A, at once. He said legislation now would mean it is
not effective until a minimum of three years and a m,,mmun-1 often years. Property annexations now would not
be effective for three years. Councilor Buchner suggested checking on the City of Hillsboro's incentives. She
said it would be effective to tailor incentives to particular needs and issues of the different islands, i.e., sewers.
Councilor Webb said Tigard needs to move forward on island annexations because the City has been pressing
the County on other issues and we need to follow through on issues important to them,
Mayor Dirksen said he preferred Option I but wants to give property owners the opportunity to voluntarily
annex before die City initiates involuntary annexation. He asked Council if there was any disagreement with
this direction.None was offered.
Sunu-nary of Council direction:
• Prefer Option 1 (Nvid-i opportunity for property owners to annex voluntarily first)
• Find out about City of Hillsboro's incentives
• Outreach should include personal contact with property owners to discuss individual issues
5. CITY CENTER DEVELOPMENT AGENCY (CCDA)DISCUSSION ON POTENTIAL REAL ESTATE
CONSULTANT SERVICES FOR THE DOWNTOWN
7:54:41 PM Councilor Webb moved to adjourn the City Council.and reconvene as the City Center Development
Agency. The motion was seconded by Councilor Buchner and all voted in favor. Mayor Dirksen called for.1
five-minute break.
8:02:34 PM Mayor Dirk-sen called the CCDA to order. Deputy City Recorder K-rager called the City Center
Development Agency roll.
Present Absent
Director Buelmer X
Chair Dirksen X
Director Henderson x
Director Webb x
Director Wilson x
8:03:16 PM Senior Planner Fatrelly sand the issue before die CCDA is whether more consultant services are
necessary to address specific urban renewal needs. He said a real estate development and consultant flirm
(Summer Lake,LLC) submitted a proposal and has offered their services in developing an action plan.
Senior Planner Farrelly mentioned tfie City had a previous report done in November, 2007, by Leland
Consulting, which was a development strategy for downtown urban renewal. He said the report provided a
series of recommendations in Housing, Policy and Retail. He stated that die Leland report has been a guiding
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document for the City and most of ffieir recorm-nendadons have been pursued. He said some of the more
notable ones included in the City's current work-plan are:
Development Opportunity Studies, the first of which has been completed and will come before Council
at the August 25,2009 meeting..
Downtown circulation plan,currently in progress.
Property and developer outreach including organizing another Developer's Roundtable using Metro's
transit-otiented development contacts who would give a candid assessment of what is achievable in
Tigard's downtown.
The Conimercial Faqade Improvement Program subcommittee has made progress, including selecting
an architect,
8:08:31 PM Senior Planner Farrelly said if the CCDA wishes to pursue additional consulting services tliere is a
procurement process die City would have to follow. He discussed the request for proposal process and die
CCDA budget.He said the CCDA budget for FY 2009-10 includes$95,000 for Redevelopment/Marketing/
Real Estate Studies which could be used for the proposed real estate consultant services. What is budgeted in
this line item,for FY 2009-10 is $65,000 for two development opportunity studies and$30,000 for a downtown
parking study,which will help provide information to other efforts such as the Green Street Main Street
Project.
9:10:22 PM Community Development Director Bunch said there are a number of consultants in the region
who provide economic development and teal estate consulting. He reiterated that if the CCDA desires to find
additional consultants, there is an obligation to open this process up to competitive bidding. He said the
CCDA would also have to identify whether there is a need for this in the urban renewal district.
8:11:42 PM CCDA Chair Dirksen compared the proposal received from the Surnmer Lake group xvith work
done by the Leland consultants. He said the Leland group identified a program for the future and helped
solidify iiiitial concepts and confirmed the CCAC's and CCDA's visions. He said the report was a passive
report,widi suggestions on steps the City could take at different times.
CCDA Chair Dirksen said his perception is that the proposal made by Summer Lake, at die encouragement of
Councilor Henderson, shows a more active approach with them working more as an agent for the CCDA,
meeting directly with developers and property owners and brokering agreements. He said dais is outside the
scope of what die Leland&-in did,or was even asked to do. He asked, "Do we want to do something to "light
a fire"in the downtown or do we want to take a more conventional approach?"
8:14:06 PM CCDA Director Henderson said the Summer Lake consultants are highly regarded within the
industry. He said downtown urban renewal is a huge project that needs to bind together the City, businesses
and the citizens. He said continued discussions with this group showed to him a willingness to work with the
CCAC,CCDA,the City Manager,die staff and the community. He said there appears to be a few years before
there is good,solid financing but there ate a lot of things that can be done now.
8:16:48 PM Director Henderson said, "My heart goes out to Tigard and the process that has gone on over the
last five years. We have gone through an enormous number of staff and there is nobody on board right now
who was there originally. There is constant're-inventing the-,vlieel.'We don't need any more pictures. We
have plenty of plans. We understand the concept now." He emphasized that now is the time to do
something. He said the Summer Lake consultants want to help Tigard move forward and die City would be
"Pound foolish"not to accept their gracious help.
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8:18:14 PM CCDA Director Webb asked if there was a scope of work that could be put out forbid. Councilor
Henderson said Summer Lake's proposal is what they believe the City needs to start with and the deliverables
they would produce. CCDA Director Webb clarified that she was asking if staff had a scope of work.
&19:25 PPI Community Development Director Bunch replied that they did not. He said this has not been put
together because from staff's standpoint, it is not the time to do this yet. He said the Summer Lake proposal
was unsolicited. He said when the City has n project ready to go, a scope of work.will be written for a request
for proposals. He said Surnmer Lake, as well as other consulting firms would be solicited in the request for
proposals.
8:21:05 PM CCDA Director Wilson said there is no question the City will need expertise on various tasks at
some point in time. He commented that at this point the City doesn't even have property. He said,"First,we
need to find property owners who want to participate. Until we have that .. the active solicitation of
developers is premature."
CCDA Director Henderson said that Summer Lake is here because there is a lull in the economy. He said there
is work that could be done now at both the CCAC and CCDA levels even before the economy improves.
8:2+17 PM CCDA Director Buehner said she listened to Mr. Leland give a presentation to the Beaverton
Council last evening which she found relevant. She said, "I don't think we're quite ready for it... but when we
are -ready, it seems to me a logical consultant would be the Leland Group since d-iey are already up to speed
on what we do. They've done the background work. We also need to take advantage of expertise on the
Council."
CCDA Director Henderson said he discussed the reportwidi Leland Consultant Zahas today who said the
document hasn't been acted on for two years.
CCDA Director Buchner disagreed, referring to the earlier presentation by staff on their follow-d-trough on the
Leland recommendations. She suggested Comniuniq, Development Director Bunch offer his perspective on
how urban renewal doesn't happen overnight.
8:26:24 PM Community Development Director Bunch said it was 18 years before urban renewal took off in
Lake Oswego. He said it was the result of Lake Oswego gradually building on their plan and when the timing
was right, and a developer was interested, a real estate consultant was used. He said by that time there was
substantial City money that was able to be used to 1) relocate the fire station, 2) write down the price of the
property with dedication of land, 3) develop Millennium Park, and 4) create a parking structure. He said
urban renewal is an incremental process.
Con-ununity Development Director Bunch said staff's perspective is that Tigard needs to begin an active
process to create the environment which will,respond to the market. He said there will be consulting services
needed and at that time, CCDA will direct staff to retain them.
8:28:')7 PM CCDA Chair Dirksen said it sounded like staff does not want to hire a general consultant for the
overall urban renewal district but rather,specific consultants for specific projects. Community Development
Director Bunch said that was correct. He said,"We have staff and access to other resources. The market,
the development industry, and desire to develop all have to be tuned correctly."
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8:29:54 PM CODA Director Henderson said,"And the time is light now."
CODA Chair Dixksen asked if there was any further discussion. He asked if diere was consensus to move
forward with a scope of work,for a consulting services RFP at this tune,and hearing none, said this was
something to keep in mind when Council perceives the dining is right.
CODA Director Buehner moved to adjourn die City Center Development Agency and reconvene the City
Council.CCDA Director Webb seconded the motion and all voted in favor.
Yes No
Director Buchner x
Chair Dirksen X
Director Henderson X
Director Webb X
Director Wilson x
6. 8:31:13PM DISCUSSION R12GARDING STATE CHANGES TO OREGON GAS TAX AND HOW
CHANGES AFFECT THE CITY OF TIGARD'S GAS TAX AND ITS ABILITY TO PLEDGE THOSE
REVENUES FOR BOND RE-PAYMENT
Finance and Information Services Director LaFrance reported that the governor signed House Bill 2001 which
would raise the State's gas tax by six cents per gallon. He said the bill also prohibits any changes in current
gas taxes after September 28, 2009, 'Ihe City of Tigard has a local gas tax of three cents per gallon that is
intended to fund the Highway 99W/Hall Boulevard/Greenburg Road intersection. It does have in it a
provision to reduce, on a revenue dollar-per-dollar basis, the City gas tax should the state or county raise their
gas tax.
He said this creates a problem for Tigard fi-i that the City's Bond Counsel has advised that it will be difficult to
find bond buyers,when die revenue source that is going to repay that investment is impacted by jurisdictions
outside of our control. He said given the timing that has been placed in the state bill,staff is hereto ask
Council if there should be any changes to the City's tax.
8:33:39 PM Councilor Buchner asked Finance and Information Services Director LaFrance to confirm her
interpretation that because of the changes in the state law relating to gas tax, -a problem has been created for
Tigard going out to bond for Greenburg Road construction and the ordinance needs to be adjusted to make
die bond counsel and financial advisors happy. Finance and Information Services Director LaFrance
reiterated that this was the situation.
City Manager Prosser said there is a legal complexity in that House Bill 2001 prohibits changes in local gas tax
ordinances after its effective date of September 28, 2009. The way the offset provision in our ordinance is
written is that it's a revenue-to-revenue offset,not a penny-to-penny offset. With this change in state revenue
coming in,the City needs to go back into the ordinance and adjust the rate per gallon. He said,"The way the
state law is written prohibits any changes. We'd get into a bind there also." He asked the City Attorney if that
was correct.
City Attorney Hall said that was correct and if it is Council's will to make these changes, they need to be done
proactively,before House Bill 2001 becomes effective.
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8:36:14 PM Councilor Webb said Council made a commitment to Tigard voters to fix the intersection at
Greenburg and 99W. She said when incoming revenues were lower than expected, a lot of citizens wrote and
asked Council to "make sure you keep collecting it until you've got enough to do it." She recorru-nended the
ordinance be amended by September 28 so the City can take care of the intersection.
8:')6:48 PM Council President Wilson said he supported making the changes.
8:37:02 PM Mayor Dirksen said he saw two issues 1) the adjustment for the allowance for the state gas;and
2) the sunset clause. He said the tax was created to fix a particular intersection,after which the tax would
sunset and only used again if another project is identified. He said,'We need to do this in a way that tries
to maintain the spirit of that law and the promise made to Tigard citizens that the gas tax was going for a
specific,approved and identified project. Now we are unable to do this." He said die City needs to make sure
local gas taxes go towards a specific project that has been vetted by a citizen group,such as the Transportation
Advisory Corninittee. He said-when this project is complete,other projects can be identified.
Finance and Information Services Director LaFrance said he would bring to Council a simplified ordinance
which alleviates the issues on bonding and financing for the Grcenbutg/Main/99W intersection funding as well
as the sunsetting provision. He asked about the upcoming meeting schedule.
City Manager Prosser said staff needs direction from Council on timing. He said the state law goes into effect
on September 28, 2009. A City of Tigard ordinance,without an emergency clause takes 30 days to take effect.
If Council wants to consider and adopt an ordinance without an emergency clause, they would need to take
action next week, at the August 25 meeting. He said if Council wants to put an emergency clause on the
ordinance,it could be heard on either September 8 or 22.
8:43:35 PM Mayor Dirksen said, "TI-ic need to respond to t1 is new state law and the effect it has on our
existing ordinance is more than enough justification to invoke an emergency clause."
In response to a question from Councilor Webb about the emergency clause,City Attorney Hall said he was
not aware of anything in House Bill 2001 that prohibits in-,uiy,%vay the adoption of an emergency clause.
He said, "There-is the deadline of September 28 that prohibits amendment or adoption of an additional gas tax
past the effective date. Before that,itis silent,"
Mayor Dirksen asked Council if they agreed with the proposal ftom staff There was consensus and Finance
and Information Services Director LaFrance was directed to bring back an ordinance amendment for Council
consideration.
7. BRIEFING ON A REMEDIAL ACTION PLAN TO ADDRESS ARSENIC CONTAMINATION ON
THE TIGARD PUBLIC LIBRARY GROUNDS (This item was heard out of order at the beginning of the
Workshop Meeting.)
8. COUNCIL LIAISON REPORT
Urban and Rural Reserves: Councilor Buchner (This-report was given under Agenda Item 1.4 - Council
Communication and Liaison Report.)
I
TIG ARD CITY COUNCIL/ CITY CENTER DEVELOPMENT AGENCY MINUTES—AUGUST 18, 0099
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 ',1 503-639-4171 1 %vxv-,v-tig-ard-or.gov I Page 11 of12
9ADJOURNMENT
8,45:26 PIvT Councilor Webb moved for adjournment. Council President Wilson seconded the motion and all
voted in favor.
Yes No
Councilor Buchner x
Mayor Dirksen x
Councilor Henderson x
Councilor Webb x
Council President Wilson x
Deputy City Re-corder
Attest:
Mayon, City of Tigard
Date: q, -
1;\ADNI\C-,tthy\CCNI\2009\090918.doc
TIGARD CITY COUNCIL/ CITY CENTER DEVELOPMENT AGENCY MINUTES—AUGUST 18,2009
City ofTigard 1 13125 SCJ Fall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov J .Page 12of12