City Council Minutes - 03/20/2012 City of Tigard
Tigard City Council Meeting Minutes
TIGARD March 20, 2012
1. WORKSHOP/BUSINESS MEETING
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A. Mayor Dirksen called the meeting to order at 6:38 p.m.
B. Roll Call
Name Present Absent
Mayor Dirksen ✓
Council President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
Staff Present: City Manager Wine;Assistant City Manager Newton;Redevelopment Project
Manager Farrelly; City Engineer Stone;Engineering Manager McMillan; City Attorney Hall;
Assistant Community Development Director Hartnett;Community Development Director
Bunch;Principal Planner McGuire and City Recorder Wheatley
C. Pledge of Allegiance
D. Council Communications&Liaison Reports: None.
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E. Call to Council and Staff for Non-Agenda Items: None.
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2. DISCUSS THE MAIN STREET GREEN STREET PROJECT
Engineering Manager McMillan presented the staff report. Purpose for tonight's discussion:
A. Update the council on the project.
B. Address council concerns about the project.
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Engineering Manager McMillan presented a brief outline of the history of the project. The
project was shared with the downtown business and property owners,who participated in
the development of a parking plan for the downtown with the help of a parking consultant,
Rick Williams. The parking plan was brought before the City Center Advisory Commission.
As a result, the angled parking is to be retained in the downtown. This impacted the project
design. The parking plan was brought to the City Council as recommended by those who
participated in assembling the parking plan,which included retaining the angled parking.
Status of the project is at 90 percent of the design.
Engineering Manager McMillan referred to a map depicting sidewalk layout with
approximate widths.
Engineering Manager McMillan referred to an aerial map showing locations of the design
elements once the project is done.
Engineering Manager McMillan advised a concern was expressed about the width of the
sidewalk and placement of street trees. Staff has looked at moving the street trees from the
sidewalk areas to the planter areas where possible and when the sidewalks are less than eight
feet.
Engineering Manager McMillan said another concern was with street light locations. Street
lights have been moved as close to the edge of the sidewalk as possible.
Council President Buchner noted a concern whether the sidewalks would allow for the
widest of wheelchairs. Engineering Manager McMillan said the sidewalks all exceed the
minimum 3-1/2 foot requirement; the proposed sidewalks are six-feet wide or more.
Engineering Manager McMillan referred to desired decorative improvements for the bridge.
Staff proposes to address these improvements in a separate project outside of the grant;
grant funds cannot be used since these improvements are not a green street feature.
Funding has been included in the five-year Capital Improvement Program for the bridge
railing, stone veneer,power washing and general upkeep.
Engineering Manager McMillan reported that the outfalls to the creek for storm water
consist of three pipes; staff thinks only one of these pipes is active. After confirmation,the
two inactive pipes will be cut back. The Capital Improvement Program (CIP) includes
funding for a storm fall upgrade. The Department of Environmental Quality (DEQ) is
pressing for this, so it is a timely project for the CIP. Councilor Wilson said he has looked at
these outfalls and only one is active.
Engineering Manager McMillan asked for City Council questions noting staff would like to
come away from this discussion with a direction for the project and respond to council
members' concerns.
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Councilor Wilson said his biggest concern has always been with clear width of the sidewalk
(concrete,not tree grates). To clarify, Engineering Manager McMillan said trees are not
being eliminated from the plan,but moved to the bump outs. Staff will review both sides of
the street's sidewalks to determine whether sidewalk space is adequate to accommodate both
trees and pedestrians. Tree grates will not be counted as walkable space.
Councilor Wilson acknowledged the difficulty of trying to include everything from building
face to building face. While he would like to see street trees installed the entire length of the
street,if walkable space is compromised,he would be inclined to eliminate the trees. He
said he realized the City Council gave staff direction to proceed with angled parking. He
asked how many stalls would be lost with parallel parking? Engineering Manager McMillan
estimated about 20 stalls would be eliminated. Councilor Wilson said he understands why
business owners have concerns. In hindsight,he said he wished this had had more study
about a year ago because this is preventing the installation of a streetscape that could
accommodate everything. Perhaps those 20 stalls could have been identified with off-street
parking throughout the downtown. The situation now is with a plan calling for tree grates
where people will need to go around them single file. Councilor Wilson said the bottom line
is to design a sidewalk so at least two people can walk side-by-side the entire length of the
sidewalk.
City Manager Wine said the solution proposed tonight is to move the street trees into bump
outs for a maximum sidewalk clearing.
Councilor Henderson asked if it would make sense to make adjustments for street trees and
sidewalk clearance as development occurs. He pointed to a section near the creek as an
example. During discussion,it was noted there is an elevation change at this location and
Councilor Henderson said this is why he was suggesting re-alignment when future
development occurs. City Manager Wine commented that the City Council in its role as the
City Center Development Agency is considering projects such as the creation of a public
plaza and this is separate from the Main Street Green Street project. Redevelopment Project
Manager Farrelly confirmed that as redevelopment occurs, there will be an opportunity for
wider sidewalks.
In response to a question from Councilor Wilson,Engineering Manager McMillan
confirmed that the map before the City Council tonight does not show the new plans for
trees in the bump outs. She advised the color coding on the map depicts tree types. Bump
outs will be installed wherever possible for the trees and if the space is still too small to
accommodate the tree and pedestrians, the tree might be deleted.
Mayor Dirksen said he appreciated the efforts to mitigate the sidewalk narrowness in certain
areas. Moving the trees to the bump outs and deleting one or two of the trees to provide
more sidewalk width is a good trade-off so pedestrians feel comfortable and safe.
Councilor Woodard referred to planters near the A-Boy building where trees have
overgrown the planter. Engineering Manager McMillan said those trees will be removed and
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new trees planted with tree grates. The replacement trees will be planted lower than the tree
grate to avoid pushing up of the soil and roots. Councilor Woodard said he likes the design
presented tonight as it appears to do the most possible within the constraints.
Mayor Dirksen noted he also had the same concerns noted earlier with the storm outfalls.
He did not understand the impacts and limitations under which we are working because of
grant funding requirements. He appreciated identifying the need to address this matter as
soon as possible in the future. He suggested that as work goes forward on the Main Street
Green Street project, the additional work be completed in phases when possible. Mayor
Dirksen said we should make it clear to people that even though some of the work has been
completed,the entire project will not be considered done until the CIP projects are
implemented.
Council President Buehner commented that she liked angled parking as it is part of the "old
village" charm of the community. She said she has become more aware of issues for people
with disabilities—getting in and out of vehicles in angled parking is easier to do with a
wheelchair than when in a parallel-parking situation. As our population is aging,we will
have more people who will need special assistance. She expressed support for the plan
presented.
Councilor Woodard commented on bike-sharrow articles he recently read. He wondered if
anything could be done within this plan to place signage (encouraging safety) for bikes to
follow the rules of the road. He noticed people on bikes not stopping at stop signs. Council
President Buehner suggested,at some point, to discuss with the city attorney whether a city
ordinance would be appropriate to designate bicycle rules. Engineering Manager McMillan
confirmed there will be bike sharrows included in this project. She advised there is an active
"Bike-Ped" committee and public outreach could be accomplished by this committee.
Discussion followed about concerns regarding bicyclists not complying with rules of the
road.
Councilor Wilson said he had a question about the crosswalk near the eye-shaped
turnaround and whether this is needed and is there a potential for a future crosswalk on the
other side of the bridge. Engineering Manager McMillan said the crosswalk on the other
side of the bridge could be installed when redevelopment occurs and a driveway eliminated
since it would no longer be needed. This would include"clipping back" a storm water
planter. Redevelopment Project Manager Farrelly said the turnaround crosswalk is of
questionable value for the future since it does not provide a connection where people want
to go. He said there is also an argument that having the crosswalk remain would offer
another clue so traffic would slow down. Councilor Wilson said he did not care one way or
another,but thought that since the bus stop moved,it might need to be reviewed.
Engineering Manager McMillan explained that the bus stops are now in front of the liquor
store and car wash;the four stops on Main Street have been reduced to two. In response to
a comment from Council President Buehner that residents from the apartments will now
have a longer walk to the bus stops, Engineering Manager McMillan said the stops were
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moved through working with TriMet. Engineering Manager McMillan said staff will be
considering whether or not to eventually remove the turnaround crosswalk.
Councilor Wilson said he had concerns about tree selections and acknowledged he needs to
send his suggestions to Engineering Manager McMillan. His concerns were based upon the
selection of short-lived trees. Council President Buehner noted she did not want oak trees
because they are ugly in the winter. Councilor Wilson complimented Engineering Manager
McMillan on her work on the project.
City Manager Wine summarized that staff was holding at 90 percent design until they
received guidance from the City Council about whether the project is shaping up the way the
council envisioned. Mayor Dirksen said he was comfortable having staff move forward with
the adjustments discussed.
In response to a question from Council President Buehner about timing of the project,
Engineering Manager McMillan said staff hopes to go out to bid on this project in October
2012,but this is hinging on progress on right-of-way acquisitions—the Oregon Department
of Transportation (ODOT) has not activated this task. The project could be pushed out to
next year's calendar. Staff checked with Metro and this timing does not represent a problem
with regard to funding (extension). Mayor Dirksen advised Council President Buehner that
he thought a request to Oregon Department of Transportation (ODOT) to begin the right-
of-way acquisition would be appropriate.
Councilor Henderson asked for clarification on the problems with the outfalls. Engineering
Manager McMillan said there are three pipes coming out near the A Boy building,and only
one is active. The pipes are unsightly. If there are two that are inactive,we should do
whatever is appropriate for abandonment. For the active pipe,Engineering Manager
McMillan said staff is concerned that it does not meet DEQ's best management practices.
The pipe needs to be upgraded and input from Clean Water Services is expected in the next
year or so. Councilor Wilson further described that this is about a ten-inch,bent steel pipe
sticking out from the bank—it looks like an"industrial waste" object. There is erosion and
the other two pipes are concrete. Since we are doing a green street, Councilor Wilson said
he thought it would be a great idea to tell the story of where the water is going and to have a
nice concrete sculptured feature;i.e., an energy dissipater to the creek. Mayor Dirksen
commented on opportunities to turn a negative into a positive—he referred to some roof
gutters that he has seen that are beautiful sculptures especially when there is water flowing.
City Manager Wine summarized noting that in a future phase and with different funding, the
bridge "betterments" and outfall improvements can be installed.
In response to a comment from Councilor Henderson, Engineering Manager McMillan said
the green street project will reduce the amount of water runoff being discharged to the
creek. She has scheduled a camera inspection of the two concrete pipes to determine if they
have a purpose before plugging.
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Council President Buehner suggested that when Phase 1 is done, there be a beautiful sign
indicating the plans to address projects in Phase 2. Engineering Manager McMillan agreed
with the plan to do some public relations work along with looking at how Phase 2 and the
storm water outfall is addressed. Councilor Wilson said it should not take long to build the
outfall feature and could be done as soon as Phase 1 is completed. Engineering Manager
McMillan said she would refer to the CIP to determine when this is scheduled for funding.
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3. ANNUAL JOINT MEETING WITH THE PLANNING COMMISSION
Planning Commission members present: Commissioner Anderson (Vice President),Doherty,
Fitzgerald,Muldoon, Schmidt,Shavey,Walsh (President). Alternate Planning Commission
members present: Armstrong and Miller
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Planning Commission President Walsh presented a report to the City Council
• Acknowledged the exemplary work by staff members supporting the Planning
Commission.
• Reviewed progress on 2011 Planning Commission Goals and Committee for Citizen
Involvement Activities (see report on file with the meeting materials). The Planning
Commission is ready to move forward with this goal when the City Council indicates
it is also ready.
• Reviewed progress on High Capacity Transit, especially with regard to the Tigard
Triangle. Mayor Dirksen acknowledged the desire of the Planning Commission to
proceed more quickly on this goal;however,because of the number of steps required,
it is a slow process. Council President Buehner asked the Planning Commission to
keep in mind HCT for the edges of the urban renewal district.
• Reported that when the Planning Commission has reviewed development as it relates
to the Triangle,lack of infrastructure (transportation, sewer) is a stumbling block for
developers. It is being installed piecemeal as development goes in. The Planning
Commission would like to see some form of funding mechanism to lay in some of the
infrastructure ahead of development.
• 10 Commissioner Shavey suggested discontinuing use of the word"Triangle"
when referring to the planning process and instead use the term"neighborhoods"as
this would present a scale that would be more workable. Councilor Wilson agreed that
the Triangle is "huge." The economy is turning around and at this time apartment
complexes are being built in Portland. Councilor Wilson said he was not aware of any
developer looking at the Tigard area yet,but the opportunities are now there and we
should be quick to capitalize on those. Planning Commissioner Walsh commented
on the value of instituting a neighborhood feel into the area by providing a mix of
retail,higher density residential areas and some form of mass transit. Council
President Buehner cautioned that focusing on small areas holds the risk of losing sight
of planning coordination for the Triangle as a whole.
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• 10 Council President Buehner commented that the City Council and Planning
Commission needs to be aware of what each group is thinking. She recommended
more joint workshop meetings to discuss plans and to hear the same information at
the same time. Commission President agreed with Council President Buehner
regarding the need for more meetings and suggested that these meetings be held when
there is a purpose rather than by a set date. He suggested a workshop format works
best.
• 10 Commissioner Muldoon referred to development funding opportunities that are
now at low levels and it is unknown when there will be prospects to move forward.
• 10 Commission President Walsh commented on the news that broke today about
Wal-Mart coming into the Triangle area on a piece of property where a land use
decision had been rendered when the use was to be for a Target store. He noted the
amount of time the commission spent on this and the number of conditions placed
on the development proposal. He said he thought this was a good project and that
the staff and commission did all that they could to provide traffic infrastructure. He
hoped the developer would be held accountable to the conditions agreed upon.
• GJ Commissioner Shavey reported on commission's goal for outreach to
neighboring jurisdiction. He met with a council member from the City of Beaverton
to discuss economic development. He said Beaverton has staff assigned to work on
economic development not only for new development,but to maintain existing
businesses. He said Tigard does not have this type of resource assignment. To
accomplish economic development outreach, the only option for Tigard is to "team
up with our neighbors."
• CJ Commissioner Doherty noted the similarity between the Commission's 2011 and
2012 goals. About two years ago,when first discussing the possibility of meeting with
other planning commissions in the area,it was expressed that development planning
(especially in the high-capacity transit corridor) should be coordinated as a region
rather than constrained to planning by each jurisdiction.
• 10 Commission President Walsh referred to the Planning Commission's role as the
Committee for Citizen Involvement for development activities. He reported the
commissioners received training and viewed a presentation under this role for public
involvement and high-capacity land use.
• H Commission President Walsh advised the Planning Commission updated its
bylaws,which will be presented to the City Council. He reported on a couple of
changes:
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1. The makeup of the Planning Commission was changed so the composition
would include two members with expertise related design to assure the
Downtown Design and Review Board function of the commission will be
fulfilled.
2. The Committee for Citizen Involvement role will also be included in the
bylaws.
• Commissioner Doherty reviewed the 2012 goals. Goals were carried over from 2011
if the Commissioners felt they remained important. The commission gave priority to
goals listed by the City Council. Her report highlighting 2012 goals included the
following information:
o Complete the urban forest revisions.
o The high-capacity transit effort will be ongoing coordinating with Metro
and the City of Portland regarding the Southwest Corridor.
o Continuation of the regulatory improvement initiative and other code
amendments.
o Make progress on the downtown circulation plan.
o Commission involvement in the River Terrace Community Plan when the
time is appropriate.
o Perform the periodic review of public facilities plans, housing, etc.
o Tigard Triangle planning with focus on transportation and the high
capacity transit issues.
■ Commissioner Shavey commented on priority with regard to
planning for high capacity transit. He was schooled that land use
planning governs and that transportation is provided to serve the
land use. In working with agencies such as the Oregon
Department of Transportation (ODOT), the tendency has been
for transportation planning to lead land use planning.
o Continue to seek economic development opportunities to continue to
improve and protect Tigard's natural and built environment (sustainable
assets).
• Commissioner Muldoon commented on the commission's discussion on
economic development and looking for cost-effective ideas keeping in mind the
amount of resources that are available. He spoke of other cities'use of a gap
analysis. He referred to cost input compared to the return and the significant
steps forward that can be realized when comparisons are scaled according to the
size of the community. Commissioner Doherty commented that Tigard does not
have a lot of buildable land;however, there is land that appears ready for
redevelopment.
• 10 Commissioner Shavey said we have to push ourselves to look for economic
opportunities in downtown now that the window appears to be opening up.
Many merchants are enthusiastic after recent visits by a planner and an events
coordinator who have experience in sharing ideas and altering the perspectives of
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merchants in downtown areas. Council President Buehner referred to the
dedicated meeting of the City Center Development Agency on the first Tuesday
of each month. She said it would be great if a Planning Commission member
could attend this meeting.
• El Commissioner Doherty commented that many of the downtown merchants
have begun holding some events to showcase the existing businesses.
• 19 Commission President Walsh noted that for the last year the Commission
did not review any development projects;in fact, there were five months last year
when there were no Planning Commission meetings. Council President Buehner
questioned whether it was time to take some of the decision-making back from a
Hearings Officer to the Planning Commission.
• 1J Commissioner Doherty said that,as resources permit,the commission would
like to see technical abilities enhanced;i.e., online presentations, educational
programs.
• = Councilor Woodard praised the commission for the work they do. He
referred to the educational efforts sought by the commission. He supported
working with other communities to learn from their experiences in areas such as
urban renewal.
• 10 Councilor Wilson commented that one of the long-term council goals is to
consider an urban renewal area for the 99W corridor. If light rail comes to
Tigard,we will have a"local share" for around$10 million making it more
attractive to pursue as an urban renewal project. He suggested the Planning
Commission might want to have some preliminary discussions on this idea.
l The following is a business meeting item:
4. APPROVE RIVER TERRACE INTERGOVERNMENTAL AGREEMENT AND
ASSIGNMENT AGREEMENT WITH WASHINGTON COUNTY
0 City Manager Wine presented background information and described the purpose for
the two agreements,which will help us develop the Community Plan for the River Terrace
annexation area. Present to answer council questions are City Attorney Hall,Assistant City
Manager Newton and Community Development Director Bunch.
Information from City Manager Wine included:
• In 2002,Metro brought about 500 acres of land (Areas 63 and 64) into the urban growth
boundary. An area known as the rural element was also brought into UGB.
• In 2011, the City of Tigard annexed the River Terrace area. Metro brought the 49 acres
known as Roy Rogers West (a portion of the rural element) into the UGB.
• One of the proposed agreements has to do with the assignment of construction excise
tax funding that Metro was holding for the county to complete the Community Plan.
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The assignment agreement conveys that funding source from the county to the city so
the city can take over the planning duties to complete the Community Plan.
• The second proposed agreement represents the result of negotiations with Washington
County that:
o Delegates the planning responsibilities to the city;
o The county commits a funding source specified in the assignment agreement;
o The county will support the city's efforts to annex unincorporated islands;
o At the county's request, the city will assume ownership of the roads within
Tigard's jurisdictional boundaries (road transfer agreement).
Council President Buehner referred to a segment of Roshak Road (to be built). The county
held an open house meeting last summer with a plan to re-route Bull Mountain Road at an
intersection of Roshak for major improvements --Roshak would become a major road and
Bull Mountain Road would become a lesser road. When Council President Buehner
mentioned this to staff, they had not heard of this. She wants to make sure that this is
resolved with the county so that we are working cohesively.
Council President Buehner noted her appreciation for the wording in the IGA whereby the
county is directing the city to annex the island areas. This will make going forward with
island annexation much easier for the city.
IRMayor Dirksen noted that Roshak Road is listed in the agreement as right of way for
which the city would take responsibility. The segment of Roshak being referred to in the
agreement is located in River Terrace and extends from the edge of Area 64 to Roy Rogers
Road. This is not aligned with the now functional portion of Roshak Road. As suggested by
Councilor Wilson, the City might want to consider re-naming this section of road to avoid
confusion.
10 Mayor Dirksen asked if the City Council had any comments or questions of staff.
Council President Buehner said the only issue is that all of the exhibits do not show Roy
Rogers West designated,which could create some confusion. Mayor Dirksen noted the
"River Terrace"vicinity map does not show this separate designation. City Attorney Hall
explained the two maps correspond to different periods of time. Council President Buehner
said the maps need to be as consistent as possible for purposes of the future because other
people will not have this history. In response to a question from Mayor Dirksen whether
the maps need to be different for purposes of the agreement,City Attorney Hall said no,
they do not need to be different.
HMotion was made by Council President Buehner to approve the Intergovernmental
Agreement, Coordination in Urbanizing Areas and Transfer of County Ownership with
Washington County and authorize the City Manager to sign.
Councilor Wilson seconded the motion.
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
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5. PRELIMINARY DISCUSSION - OPTIONS FOR FILLING A VACANCY ON THE
CITY COUNCIL
City Manager Wine advised council received two memorandums:
• March 19,2012,memorandum from City Recorder Wheatley regarding Mayor/Council
Vacancies—History
• March 20, 2012,memorandum from City Attorney Ramis regarding Charter Procedure
for Filling Council Vacancies
Mayor Dirksen advised the reason behind this discussion is because after the May Primary
Election,if he receives at least 50 percent of the vote to elect him to a Metro Council
position, then there would be no need for a November run-off election. He would not begin
serving on the Metro Council until January 2013. He said if he receives a 50 percent or
greater margin of the vote in May, then he would tender his resignation as City of Tigard
Mayor effective January 1,2013. This would give the council a date certain for the vacancy so
it could make decisions on how to fill the vacancy.
Highlights of the council discussion were:
• Councilor Henderson suggested the City Council take its time to think about a likely
vacancy on the City Council. He recommended setting aside time to discuss this matter
in a couple of weeks.
• Council President Buehner requested staff review the filing deadline dates as stipulated
in the Tigard Municipal Code. She noted concerns with allowing enough time for
candidates to prepare voters'pamphlet information and a code amendment might be in
order.
• Further discussion on this topic will be schedule prior to May 15, 2012.
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6. COUNCIL LIAISON REPORTS
Mayor Dirksen advised he received an invitation to attend the U.S. Conference of Mayors in
June. The City of Tigard is a member of this organization. In view of budget cuts, should
this membership be discontinued? Mayor Dirksen noted Council President Buehner was of
the opinion that we should be more active in the Conference. Presently he participates in
online offerings;however,he is inactive insofar as committee membership and attending
conferences. Mayor Dirksen has been approached by other mayors in the Portland area
urging Tigard and the Portland region to become more active in the conference. This is a
fairly select group that is now dominated by cities in the east and mid-west. It is a small
enough group that if the cities in the Portland region were willing to make the effort,we
could easily move into a leadership position where we could have a strong influence on the
group's policy. This is a national organization with influence at the federal level.
Mayor Dirksen asked the City Council members if they would like to see the city continue our
membership,increase our involvement and attend (mayor only) the June 2012 conference.
HIn response to a question from Councilor Woodard,City Manager Wine advised
membership cost is $2,600. He said it makes sense to remain as a member of the U.S.
Conference of Mayors as long as it offers advantages for the city.
10 In response to a question from Councilor Wilson regarding how this organization differs
from the National League of Cities, Council President Buehner advised membership is
limited to cities over 30,000 in population. Mayor Dirksen said only the mayor can initiate
any legislation or give policy input at the national level.
I J Because of the predominant east-coast and mid-west membership, the organization
tends to focus on social issues rather than issues such as transportation and education
funding. Mayor Dirksen said if the west coast were to become more influential,we would be
able to influence the areas of focus.
10 After discussion,Mayor Dirksen noted there appears to be general support by the
council to remain involved and perhaps increase our involvement with the U.S. Conference
of Mayors. Mayor Dirksen said he would plan to attend the June conference. The
organization has offered to waive the attendance fee.
7. NON AGENDA ITEMS: None.
8. EXECUTIVE SESSION: Not held.
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9. ADJOURNMENT: 8:26 p.m.
Motion by Councilor Henderson, seconded by Councilor Woodard, to adjourn the meeting.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
Catherine Wheatley, City Recorderq
Attest:
ayor, City of Tigard
Date:
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