City Council Minutes - 04/22/2014 City of Tigard
Tigard City Council Meeting Minutes
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April 22, 2014
At 6:31 pm Mayor Cook called the Tigard City Council&LCRB Study Session to order.
Council present: Mayor Cook,Council President Henderson and Councilor Woodard
Council absent: Councilors Buehner and Snider
Staff present: City Manager Wine,Assistant City Manager Newton,Police Chief Orr,
Confidential Executive Assistant Jewett,Acting Public Works Director Rager,Parks
Manager Martin,Assistant Community Development Director McGuire,Public Contracts
Manager Barrett,Deputy City Recorder Krager,and City Attorneys Watts and Rihala.
Parks and Recreation Board Chair Troy Mears was present.
EXECUTIVE SESSION
Mayor Cook read the following citation for the Executive Session:
• The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) to
discuss real property transaction negotiations. Representatives of the news media are
allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not
disclose any information discussed. No Executive Session may be held for the purpose
of taking any final action or making any final decision. Executive Sessions are closed to
the public.
The Executive Session ended at 6:57 pm.
STUDY SESSION
A. Local Contract Review Board Discussion on Upcoming Contracts
Public Contracts Manager Barrett announced that the apparent low bidder for the
72"`°Avenue and Dartmouth Street intersection improvements is Kerr Contractors.
He noted a minor error in their bid where the ten percent bid bond amount was
listed instead of their entire bid amount. Their entire bid amount was entered
correctly on another page. Staff deemed this error immaterial and decided there
are no grounds for protest. The contract is scheduled for consideration at the May
13,2014,council business meeting.
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Councilor Woodard complimented staff on the detailed bid analysis spreadsheet
and Public Contracts Manager Barrett said Purchasing Assistant Greenberg is
responsible for entering the information.
Council President Henderson discussed the cost of the concrete. Public Contracts
Manager Barrett said Kerr is currently a subcontractor for the prime contractor on
the Wal-Mart site so cost savings are realized because they are already mobilized in
the area.
B. Discussion on Changes to Alarm Systems Ordinance—TMC 11.08
Police Chief Orr and Confidential Administrative Assistant Jewett described
proposed changes to the alarm systems ordinance. A title change from`Burglary
and Robbery Alarm Systems" to a simpler,"Alarm Systems"is proposed. The
chapter was reformatted and definitions updated. There are two new sections
including an enhanced call verification system. This means that alarm companies
will place two verification calls before requesting police response.
Chief Orr said the other change relates to the protective sweep,which is derived
from case law regarding where and when police officers can enter dwellings to
check them. If a consent form is signed by property owner,Tigard police can
enter a residence when an alarm is going off to investigate prior to securing the
property.
Councilor Woodard asked if there were lockbox scenarios for commercial
properties. Chief Orr said that can be done as part of their implied consent.
Councilor Woodard asked if wording changed relating to false alarms.
Confidential Executive Assistant Jewett said statistically very few alarms are not
false and this is time consuming for officers that have more pressing matters to
address. She looked at false alarm language from six nearby jurisdictions and
developed a mid-range response.
Mayor Cook said he had no issue with the consent form but asked about the two
call requirement.Chief Orr said the second call goes to a secondary number
provided by the homeowner.
Council President Henderson asked if technology has improved over the years so
that a camera could be activated when an audible alarm is tripped. Chief Orr said
this is available now through some alarm companies,but burglars are most often
chased off by audible alarms.
City Attorney Watts said the consent form is what municipalities are using so
citizens can give officers permission to enter their property,make sure there are no
criminals inside and then secure it. This does not give permission to search every
nook and cranny while inside the property,but does allow a reasonable search.
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C. Administrative Items
• City Manager Wine said Metro Councilor Dirksen is proposing a different
format for this next visit to council on May 13. He would like to meet during
the Study Session and have more of a dialog with council so he has asked for a
list of topics council is interested in discussing. Ideas suggested were:
o Councilor Woodard mentioned that Mehr has a "top down"communication
approach to cities which can be stressful, espedalyas it relates to timelines. Is there
a way to allow cities to influence and send information "up"to Metro?
o Support for continuation of the Construction Excise Tax(CET)grant program
o Urban Growth Boundary expansion
o Climate Smart Communities(Councilor Woodard said the urord climate has a
negative connotation to many people because they cannot control the climate. It
should be promoted with a different word so buy-in is received from more people.
City Manager Wine said this effortgot its name from a state mandate about climate
change and they are required by state law to address this.)
o Council President Henderson suggested a discussion on consolidating water systems
and coordinating regional solutions.
• Mayor Cook proposed the following dates for Town Halls. Staff needs to hear
from councilors which date in each column is their preference.
5/29 Thursday 9/22 Monday
5/31 Saturday 10/4 Saturday
6/2 Monday 10/9 Thursday
Ideas for Town Hall topics are:
o Follow up on High Capacity Transit (depending on the content from the 5x3x10
meetings)
o Testing Strategic Plan ideas
• City Manager Wine said she was part of a ten-member team from Tigard which
was part of a 72-member Washington County group that attended an
emergency management recovery exercise in Maryland last week. She said this
FEMA-sponsored exercise was great in terms of regional coordination and
communication in response to earthquakes and other disasters. She will share
more information in a memo to council.
D. Upcoming Meetings—Councilor Woodard said he will be absent for the May 12
Budget Committee meeting and May 13 Council meeting.
The Study Session ended at 7:27 pm.
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
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1. BUSINESS MEETING
A. At 7:33 pm Mayor Cook called the meeting to order.
B. Deputy City Recorder Krager called the roll:
Present Absent
Mayor Cook x
Councilor Buehner x
Council President Henderson x
Councilor Snider x
Councilor Woodard x
C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance.
D. Council Communications&Liaison Reports—None.
E. Call to Council and Staff for Non-Agenda Items—Mayor Cook announced that City
Manager Wine is now an ICMA (International City County Management Association)
credentialed manager He offered congratulations to City Manager Wine for this
achievement.
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication—None.
B. Citizen Communication—Sign Up Sheet—No one signed up to speak.
3. CONSENT AGENDA:
A. APPROVE CITY COUNCIL MEETING MINUTES:
1. February 18,2014
2. March 18,2014
B. Authorize the Mayor to Execute an Intergovernmental Agreement with Metro regarding a
CET Grant for the River Terrace Community
C. Adopt a Resolution Approving the Westside Trail Master Plan and Adding that Plan to the
Tigard Greenways Trail System
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
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Resolution No. 14-16-A RESOLUTION APPROVING THE WESTSIDE
TRAIL MASTER PLAN AND ADDING THIS PLAN TO THE TIGARD
GREENWAYS TRAIL SYSTEM MASTER PLAN
® Councilor Woodard requested that the Westside Trail Master Plan item (Agenda Item 3.C) be
removed from the Consent Agenda for separate discussion.
Council President Henderson moved to approve the remaining items on the Consent Agenda and
Councilor Woodard seconded the motion.The motion passed unanimously.
Yes No
Mayor Cook x
Councilor Buehner (absent)
Council President Henderson x
Councilor Snider (absent)
Councilor Woodard x
Consent Agenda Item pulled for separate discussion:
C. Adopt a Resolution Approving the Westside Trail Master Plan and Adding that Plan
to the Tigard Greenways Trail System
Resolution No. 14-16-A RESOLUTION APPROVING THE WESTSIDE
TRAIL MASTER PLAN AND ADDING THIS PLAN TO THE TIGARD
GREENWAYS TRAIL SYSTEM MASTER PLAN
® Council President Henderson asked if there was a staff report and City Manager Wine said
the agenda item summary in the packet constitutes the staff report on a consent item. Council
President Henderson said the Westside Trail Master Plan should have been vetted through the
PRAB(Parks and Recreation Advisory Board). He said trails have not been an assignment for
any city board or committee and he proposed this be added to the PRAB's responsibilities.
® City Manager Wine asked Parks Manager Martin to clarify the city's process for addressing
trails through volunteer boards and committees.
® Parks Manager Martin said trails were not reviewed in the past by the PRAB although the
board would be pleased to take this on in the future. He said the Pedestrian/Bike Subcommittee
of the Tigard Transportation Advisory Commission (I TAC)was involved throughout the
process. They looked at the trail during the planning and attended many of the meetings.The
Westside Trail Master Plan was approved at their meeting last week. He suggested that in the
future,TTAC and PRAB would both be good groups to consider trails.
Mayor Cook clarified that this plan was vetted through a city committee that had been involved
with it from the beginning,and had never gone through PRAB because it was never a PRAB
item. He said trail plans may overlap between the two committees so it was a good idea to
involve both in the future. He said the Westside Trail had been vetted years ago and he
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understood that it is the trail that goes through River Terrace. The city will decide where the
"300-foot trail"goes and there is no specific location identified yet. He said wherever Tigard
decides to put the trail;it will become the Westside Trail skirt-out for people that do not want to
go over the top of Bull Mountain. He asked staff for confirmation that Metro understands
Tigard has not selected the exact location of the trail through River Terrace. Parks Manager
Martin said that was correct.
Council President Henderson said it is hard to say yes or no to this since he just saw these
materials one week ago. He said he encouraged city committee involvement and valued that
input.
Mayor Cook concurred with Council President Henderson and said it should have been
communicated to council that a subcommittee of TTAC was involved and recommended the
plan. City Manager Wine said improvements for future agenda item reports were noted.
® Councilor Woodard said council received information at the April 15,2014,workshop
meeting about a design for the trail running through the middle of the collector street. He said
he attended a River Terrace stakeholder meeting the very next day and heard extremely negative
comments about this trail design. He said there is a difference between the Westside Trail
Master Plan and the West Bull Mountain Concept Plan. Up until recently there was a 50-foot
easement off of Roy Rogers Road. He said there was a disconnect in communication and
suggested more crosspollination of information between the various committees so everyone is
better informed. He said it would be prudent to wait until the River Terrace Stakeholder
Working Group finalizes their transportation system planning to vote on the Westside Trail
Master Plan.
Parks Manager Martin said the Westside Trail Plan does not say where the trail will be;it just
says there will be one that winds around the mountain and through River Terrace. City Manager
Wine said regarding River Terrace trails and collector street design,the city is a long way from
deciding where the trail will run. There are preferred alignments in the Westside Trail Master
Plan but there will be many more opportunities to discuss locations, design and connections.
Councilor Woodard said he was uncomfortable approving this plan until after the next
transportation working group meeting.
Assistant Public Works Director Rager suggested thinking of a master plan as "painting with a
very broad brush." He asked council to consider that this is a general idea and is not specific.
He said tonight's vote is just to approve the idea that there will be a trail connecting to the
Westside Trail and it will be somewhere in River Terrace.
Councilor Woodard said he liked the design of the collector street and trail but is representing
people that felt left out of the conversation. He said any amount of discussion tonight would
not change his mind. He referred to previous discontent from Bull Mountain residents who felt
left out of decisions affecting them.
Council President Henderson said he supports Councilor Woodard because the Westside Trail
document is incomplete;appendices were not included for review. Councilor Woodard clarified
that his reason for removing this item from the Consent Agenda is different from Council
President Henderson's. He said a better job needs to be done of involving the public.
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
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® Metro Project Manager Spurlock spoke to council's concerns on public perception and the
desire to respond to the desires of Tigard residents. He said there were three public open
houses and 8,000 postcards mailed to residents. He attended CP04B and CP04K meetings.
Over 300 comments were received at the open houses,overwhelmingly in support of the
project. The Washington County Board of Commissioners and King City Council adopted
resolutions of support.
Councilor Woodard said the issues raised by some members of the public came after a River
Terrace meeting on transportation. He commented that sometimes people do not speak up at
meetings and he will speak for them if they cannot speak for themselves. He said this would
not be an issue if the decision could be delayed a few weeks until after the next stakeholder
working group meeting. He said he wanted to tread lightly because Tigard has some big projects
coming up and the city has to go about things in a different way.
®Community Development Director Asher said as the River Terrace Project Director he is
well aware of the issues to which Councilor Woodard is referring. He agreed that they are real
issues and said the question about where the trails will go is an open question because the
transportation planning is occurring now.People have differences of opinion on this and they
will need to be resolved. He said the West Bull Mountain Concept Plan has always had a 300-
foot elevation trail. It is still in the River Terrace Community Plan. He clarified that the only
question tonight is whether there should be a trail in River Terrace that functions as part of the
Westside Trail. Staff says yes,because the West Bull Mountain Concept Plan,which is what the
River Terrace Community Plan is building on,had one.
Councilor Woodard said there is confusion and he would like the people that came to him to
understand that all the city is doing is agreeing to one trail system through River Terrace.
Community Development Director Asher agreed but said those are River Terrace discussions
and tonight's decision is not a River Terrace discussion.
Metro Project Manager Spurlock said it would not be a problem to clarify this in an addendum
at the end of the report. Councilor Woodard responded that no matter what is done at this
point,it is not enough because clarification should have happened earlier in the game. He said
Tigard needs to do a better job with public relations. Metro Project Manager Spurlock agreed
that perception is critical and it is due to comments they received that a River Terrace trail was
included as part of the plan. When their project started,a River Terrace trail was not included
and they heard loud and clear from Tigard,Bull Mountain and King City residents that this trail
should be a part of the Westside Trail system. The project team added it about halfway through
the project.
Community Development Director Asher said resolving all the River Terrace transportation
issues prior to approving the Westside Trail would take quite a while. Councilor Woodard asked
if project staff could go back to CP04B and have a discussion before Tigard approves this plan.
He said he would then be comfortable supporting it. He said he wants CP04B to understand
what is going on. Metro Project Manager Spurlock said the CP04B Chair is represented on the
stakeholder committee for the project and was a strong proponent for including the River
Terrace trail in the plan. Councilor Woodard said if they speak to her and vet it through CP04B
he would be satisfied.
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Council President Henderson said he would support Councilor Woodard on this. He said this is
not his area of expertise and he wants to include input from experts on city boards and
committees in his decision making.
City Manager Wine said staff could improve the communication to council on committee
recommendations.
Mayor Cook said there may not be a motion or a second on this tonight and acknowledged that
Metro will be voting on this on May 8,whether Tigard approves it or not. He asked Mr.
Spurlock to let Metro know that the Tigard City Council is for the Westside Trail,agrees on a
connection to the 300-foot trail but did not want to approve something with a line on it because
people may misinterpret that as the firm location. We will work on receiving input from
CPO4B.
Community Development Director Asher said the next River Terrace transportation committee
meeting is on April 30 at 6:30 pm in the Public Works Auditorium. Individual meetings are
scheduled with CP04B prior to the meeting.
4. ARBOR MONTH UPDATE AND TREE CITY USA AWARD
®Associate Planner Grass and Associate Planner Kowacz introduced this item.Associate Planner
Grass clarified that although there is a National Arbor Day and Oregon declares an entire week,
Tigard declares the entire month of April as Arbor Month. She said there are many Arbor Month
activities going on in Tigard.
Associate Planner Grass introduced Brian Wegener from Tualatin Riverkeepers and Oregon
Community Trees. Mr.Wegener presented the Tree City award to Tigard for the 13'h year. He
commended Tigard on the Urban Forestry Plan which has won state awards and will be receiving a
national award next week. He said it addresses a regional problem whereby property owners wishing
to develop as land came into the urban growth boundary felt threatened by regulations designed to
protect trees.The unintended consequence was clear cutting tree groves before they came under
regulation. He commented that this has been the case recently in the South Cooper Mountain area
of Beaverton. He said Tigard's approach of flexible planning,outreach to property owners and
identifying tree groves is getting a lot of attention. He mentioned that South Cooper Mountain and
Washington County would like to look at this plan that addresses urban tree problems. He
presented the Tree City USA flag to the city council. Associate Planner Grass thanked Mr.
Wegener for supplies provided for Arbor Day activities at the library.
Associate Planner Kowacz gave a PowerPoint presentation on the Arbor Day celebration held on
April 17. Mayor Cook,the Tigard-Tualatin School District Director of Alternative Education and
Metro Councilor Dirksen were present. Tigard High School CE2 students planted 11 trees on the
newest segment of the Fanno Creek Trail which runs from Grant Avenue to Main Street.
Mayor Cook passed along feedback from Public Works staff that were very pleased with the hard
working kids. Associate Planner Kowacz described other events held to celebrate Arbor Month in
Tigard.
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
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Associate Planner Grass reported that staff will travel to Atlanta next week to accept the National
Planning Excellence Award for a Best Practice Award by the American Planning Association for the
Urban Forestry Plan.A video was created as an introduction to the project and she said she will
share it with council upon their return.
5. PROCLAIM MAY 5-11,2014,BE KIND TO ANIMALS WEEK
® Mayor Cook proclaimed May 5-11,2014 as Be Kind to Animals Week.
6. PROCLAIM MAY AS BIKE MONTH
® Mayor Cook proclaimed the month of May as Bike Month.
7. INFORMATIONAL PUBLIC HEARING ON THE FISCAL YEAR 2014 THIRD QUARTER
BUDGET AMENDMENT
a. Mayor Cook opened the public hearing.
b. Mayor Cook announced that this was an informational public hearing and any person
wishing to comment could do so during the public testimony segment of the hearing.
C. Staff Report - Senior Management Analyst Collins gave the staff report. She said the Third
Quarter Budget Amendment contains items that affect the capital improvement program
and city operations. The supplemental budget includes roughly $268,000 in grant funding,
with $245,000 going to the River Terrace Community Plan and the remaining $23,000 for
reimbursement of police overtime and radio purchases. The amendment also includes
movement of payroll costs for two positions in the Public Works Department. The Lake
Oswego-Tigard Water Partnership Project Director position is moving from the General
Fund to the Water Fund and another position is moving 100 percent to the Storm Water
Fund, where it had previously been allocated at 50 percent. This more accurately reflects
where the work is actually being done. The Capital Improvement Plan was adjusted for
select parks and street projects to maximize the use of the funds, specifically gas tax,
Transportation Development Tax (TDTs),Parks System Development Charges (SDCs), and
the Parks Bond funds.
She said the Summer Lake restroom improvement project is ineligible for Park SDCs so the
full amount must be picked up in the General Fund.
Senior Management Analyst Collins said this amendment will increase the budget by
$236,000 but is offset by grant and contingency proceeds.
d. Council questions and discussion:
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
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• Councilor Woodard asked about the IRS Task Force amount of $10,000.
Senior Management Analyst Collins said a few Tigard police officers are on a
task force to investigate financial fraud and this represents overtime
reimbursement.
• Councilor Woodard requested clarification on the funding source of the
signalization of Upper Boones Ferry Road and 72"d Avenue. Ms. Collins
replied that it comes from the Transportation Development Tax, not SDCs.
She said there is a $1 million grant attached to this project and $115,000 is the
city's share. Assistant Finance Director Smith-Wagar said Tigard does not
currently have a Transportation SDC. She said SDC's are very restrictive and
that is why Washington County is using a TDT at this time.
• Council President Henderson asked about$65,000 for engineering in the Road
Maintenance Fee. Ms. Collins said it was for curb ramps as required by the
Americans with Disabilities Act. In response to a question on how many
streets are included in this engineering,City Engineer Stone said it would cover
an engineered design of every corner in next year's program. In response to a
question from City Manager Wine, he said the locations for next year's overlay
program are known. He estimated that about 100-200 ramps are needed.
® Council President Henderson commented about road maintenance in
other cities and noted that the Portland City Council will soon be voting on the
placement of a road maintenance fee on their fall ballot. He said the law says if
you cannot upgrade the ramps when you rebuild the street,you cannot rebuild
the street. Because of this there will be cities that have bad streets because they
cannot afford extra for the ADA ramps. As a result there will be communities
that have bad streets. He said the Tigard City Council initially began the street
maintenance fee program for road surfaces only. Curb ramps were not part of
the program. He asked if the$65,000 was in the budget.
Mayor Cook said if Council President Henderson's questions relate to the
$65,000 in the supplemental budget the discussion can be continued, but the
larger policy discussion on the street maintenance fee should be held at a
different time. It is not relevant to the budget amendment being considered.
Senior Management Analyst Collins said the $65,000 is coming from the Street
Maintenance Fee contingency fund. Council President Henderson argued that
the Street Maintenance Fee is dedicated for a specific purpose and that is to
maintain the streets at a particular pavement condition index.
City Engineer Stone said he considers ADA compliant ramp design along the
same lines as other necessary engineering such as that for drainage, etc. He
agreed that Council President Henderson had a good point. Because the curb
ramp cost is coming out of the engineering portion of the fund it does not
reduce the amount of road work being done this year, but could impact the
fund in the future.
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
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Council President Henderson discussed the history of the street maintenance
fee and said the city started to build a program that is sustainable. He said he
did not think the curb ramps are affordable at this point.
City Manager Wine said a future council policy discussion can address these
and other questions that will shape the future of the street maintenance fee.
City Attorney Watts said there is a series of events that can trigger ADA
compliance. New striping in parking lots parking requires the addition of a
handicapped parking space. He said as soon as road construction occurs, the
law is that you have to comply with those requirements.
• Mayor Cook commented to staff that he appreciated their efforts in
rearranging items to maximize the use of Parks SDC and Gas Tax Fund
dollars.
• ® Councilor Woodard mentioned to staff that the supplemental summary
sheets were well done and he found them easy to understand.
e. Public Testimony
Elise Shearer, 9980 SW Johnson Street,Tigard, OR, asked if any of the 200 curbs ramps are
within the urban renewal district and if so,would urban renewal funds be used. She asked if
any are within the Walnut Street project and are they considered part of the project. She
expressed concerns that those projects have already been financed.
- Response to testimony by staff.
City Engineer Stone responded that the curb ramps will be built as part of the projects.
City Manager Wine said the amount under discussion would be spent for curb cuts
within the city's pavement management project overlay areas. Mayor Cook noted that
the city will not be engineering all 200 comers but only the ones under construction this
summer. He reiterated that any curb cuts within projects including McDonald/Gaarde,
Main Street or Walnut Street are included in those projects and are outside of the
$65,000.
f. Staff Recommendation — Senior Management Analyst Collins said staff recommends
approval of the Fiscal Year 2014 Third Quarter Budget Amendment.
g. Mayor Cook closed the public hearing.
h. Council Discussion and Consideration: Resolution No. 14-17
Councilor Woodard moved for adoption of Resolution No. 14-17 and Council President
Henderson seconded the motion. Deputy City Recorder Krager noted that because a
resolution earlier in the meeting was not considered,the number on this resolution has
change to 14-16. Councilor Woodard amended his motion to make the number change and
Council President Henderson seconded the motion.
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
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Deputy City Recorder read the number and title of the resolution and Mayor Cook
conducted a vote.
RESOLUTION NO. 14-16—A RESOLUTION TO ADOPT A SUPPLEMENTAL
BUDGET AMENDMENT TO FY 2014 TO ACHIEVE THE FOLLOWING:
RECOGNITION OF GRANT REVENUES AND EXPENSES,ALONG
WITH BUDGET ADJUSTMENTS IN PUBLIC WORKS, COMMUNITY
DEVELOPMENT,COMMUNITY SERVICES,THE CAPITAL
IMPROVEMENT PROGRAM
Yes No
Mayor Cook x
Councilor Buehner (absent)
Council President Henderson x
Councilor Snider (absent)
Councilor Woodard x
Council President Henderson requested that this supplemental budget information be given to the
Budget Committee.
At 8:56 pm Mayor Cook-adjourned the City Council and convened the City Center Development
Agency.
8. INFORMATIONAL PUBLIC HEARING—SUPPLEMENTAL BUDGET AMENDMENT TO
FY 2014 CITY CENTER DEVELOPMENT AGENCY ADOPTED BUDGET
a. CCDA Chair Cook opened the Public Hearing.
b. Hearing Procedures: Chair Cook said any person wishing to comment on this matter shall be
given an opportunity.
C. The staff report was given by Senior Management Analyst Collins. She said this third quarter
amendment to the CCDA Fiscal Year 2014 budget recognizes a $100,000 Metro grant to be
used to conduct a predevelopment feasibility study of the public works yard and another
area in the downtown urban renewal area. She said this does not affect the fund balance.
d. Public Testimony: No one testified.
e. CCDA questions: Director Henderson said this adds $100,000 to the CCDA budget and
asked how this affects the urban renewal program. Chair Cook said there is a$100,000 grant
from Metro and$100,000 will be spent. It will be a net zero and the city does not have to
pay any of it but must run this grant through the budget amendment process. CCDA
Executive Director Wine said the purpose of this grant has been discussed in previous
CCDA executive session.
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
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f. Staff Recommendation: Senior Management Analyst Collins said staff recommends approval
of the Fiscal Year 2014 CCDA Budget Amendment.
g. Chair Cook closed the Public Hearing.
h. CCDA Discussion and Consideration: Resolution No. 14-02 -Director Henderson moved
to adopt CCDA Resolution No. 14-02. Director Woodard seconded the motion. Deputy
City Recorder Krager read the number and title of the resolution. A vote of the CCDA
Board was taken and the motion passed unanimously.
CCDA RESOLUTION NO. 14-02—A RESOLUTION TO ADOPT A SUPPLEMENTAL
BUDGET AMENDMENT TO FY 2014 TO ACHIEVE THE FOLLOWING:
RECOGNITION OF GRANT REVENUE WITHIN THE CITY CENTER
DEVELOPMENT AGENCY(CCDA)
Yes No
Chair Cook x
Director Buehner(absent)
Director Henderson x
Director Snider (absent)
Director Woodard x
At 9:00 pm Chair Cook adjourned the City Center Development Agency and reconvened the City
Council.
9. CONSIDER A REVISED RESOLUTION GRANTING EXEMPTION FROM PROPERTY
TAXES UNDER TMC 3.50 FOR FIVE NON-PROFIT LOW-INCOME HOUSING PROJECTS
Staff Report: Senior Management Analyst Collins said on March 25,2014,Tigard City Council
approved Resolution No. 14-15 providing property tax exemption for five non-profit low-income
housing developments. The initial resolution stated that Hawthorne Villa didn't receive an
exemption in the prior year but it did. The Washington County Assessor's office requires a new
resolution with the correct language. She said this action has no impact on any fund reserves
whatsoever and staff recommends council approve the new resolution to replace Resolution
No. 14-15.
Councilor Woodard moved for adoption of Resolution No. 14-17. Council President Henderson
seconded the motion and the motion passed unanimously.
RESOLUTION NO.14-17-A RESOLUTION GRANTING AN EXEMPTION
FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION
3.50 FOR FIVE NON-PROFIT LOW-INCOME HOUSING PROJECTS OWNED
AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE
HOUSING (CPAH)AND HAWTHORNE URBAN DEVELOPMENT LLC,
SUPERSEDING RESOLUTION NO. 14-15
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 13 of 16
Yes No
Mayor Cook x
Councilor Buehner(absent)
Council President Henderson x
Councilor Snider (absent)
Councilor Woodard x
10. EXTENSION OF EXISTING PROHIBITION ON MEDIAL MARIJUANA FACILITIES
® Associate Planner Floyd gave the staff report. He said Senate Bill 1531 was passed by the
Oregon legislature and changes the statute to specifically authorize local jurisdictions to enact
moratoriums on medical marijuana dispensaries. He said it also sets certain parameters which affect
the temporary prohibition on these dispensaries Tigard adopted in February. Moratoriums must be
adopted by May 1,2014 and cannot last longer than May 1,2015. Tigard's present moratorium
sunsets on December 31,2014. Discussion was held at the April 15 council workshop meeting and
there was consensus to extend the current sunset date to May 1,2015. Staff prepared an ordinance
amending this date.
Associate Planner Floyd said staff recommends council approve this ordinance given potential
changes in the law over the next year coming from an expected legalization vote in November and
additional state legislation next spring. Council can repeal the ordinance at any time.
Council President Henderson said councilors absent tonight participated in previous discussions and
he felt there was consensus for approval. Mayor Cook expressed appreciation for staff's work on
this and noted that the ordinance must be forwarded to the state by May 1,2014.
Councilor Woodard moved for adoption of Ordinance No. 14-08. Council President Henderson
seconded the motion. Deputy City Recorder Krager read the number and title of the ordinance.
ORDINANCE NO. 14-08-AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TIGARD, OREGON, RELATING TO MEDICAL MARIJUANA
FACILITIES;AMENDING TMC CHAPTER 5.24;AND DECLARING AN
EMERGENCY
Deputy City Recorder Krager conducted a roll call vote of the council:
Yes No
Mayor Cook x
Councilor Buehner (absent)
Council President Henderson x
Councilor Snider (absent)
Councilor Woodard x
Mayor Cook announced that Ordinance No. 14-08 passed unanimously.
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 14 of 16
11. CONSIDER A RESOLUTION OF NECESSITY GIVING THE COUNTY THE AUTHORITY
TO ACQUIRE PROPERTY FOR THE WALNUT STREET IMPROVEMENT PROJECT
® City Engineer Stone said the purpose of this resolution is to assist with acquisition of temporary
construction easements for the Walnut Street project. There are 35 properties involved.
® Councilor Woodard asked if these temporary easements were for staging. City Engineer Stone
there are a variety of reasons an easement would be needed including driveway rebuilding,sidewalk
construction and construction staging. In response to a question from Councilor Woodard on the
width required,Engineer Stone said the width relates to the construction needs on each property. It
may be only 20 feet for a sidewalk but if the city is rebuilding a driveway more area would be needed
to match grades.
Council President Henderson asked if the money to acquire the easements is adequate. City
Engineer Stone said it is an estimate because the property owners cannot be contacted by
Washington County until the city approves this resolution. Council President Henderson asked if
eminent domain would be used. A discussion was held on the eminent domain process.Mayor
Cook said it may seem confusing to the public that the council has to pass this resolution prior to
even negotiating with the property owners,but that it the law. He said the city's intent is not to
condemn property but rather,have Washington County meet with property owners and work
towards a mutual agreement. Engineer Stone said every effort would be made to come to
agreement with the property owner and avoid exercising eminent domain.
® City Attorney Watts said in addition to state law there are also federal tax reasons for going
through this process. Property owners should discuss this with their legal and tax professionals. The
IRS would need to see the threat of condemnation and this resolution enables property owners to
realize a tax benefit if they have to sell their property.
Council President Henderson announced that the viewing public can view this information on the
city's website.
Councilor Woodard moved for adoption of Resolution No. 14-18 and Council President Henderson
seconded the motion. Deputy City Recorder Krager read the number and tide of the resolution.
RESOLUTION NO. 14-18-A RESOLUTION DECLARING THE NEED TO ACQUIRE
PROPERTY FOR THE PURPOSE OF CONSTRUCTING STREET AND OTHER
IMPROVEMENTS ALONG SW WALNUT STREET FROM 116TH AVENUE TO TIEDEMAN
AVENUE AND AUTHORIZING IMMEDIATE POSSESSION OF THE PROPERTY
Yes No
Mayor Cook x
Councilor Buehner (absent)
Council President Henderson x
Councilor Snider (absent)
Councilor Woodard x
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 15 of 16
A vote was taken and Mayor Cook announced that Resolution No. 14-18 passed unanimously.
12. NON AGENDA ITEMS -None.
13. COUNCIL LIAISON REPORTS -None.
14. EXECUTIVE SESSION - Not held.
15.ADJOURNMENT
i
At 9:17 pm Council President Henderson moved for adjournment. Councilor Woodard seconded
the motion and all voted in favor.
Yes No
Mayor Cook x
Councilor Buehner (absent)
Council President Henderson x
Councilor Snider (absent)
Councilor Woodard x
Carol A. Krager,Deputy City R order
Att
John ook,Mayor
lj Q/' L
Date
TIGARD CITY COUNCIL MEETING MINUTES—April 22,2014
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 16 of 16