City Council Minutes - 05/17/2016 City o{Tigard
Tigard Workshop Meeting Minutes
1;1- Ma 17 2016
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1. WORKSHOP MEETING
A. At 6:34 p.m. Mayor Cook called the Tigard City Council meeting to order.
B. City Recorder Krager called the roll.
Present Absent
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
C. Mayor Cook asked those attending to stand with him for the Pledge of Allegiance.
D. Council and Staff were asked for any Non Agenda Items.
2. RECEIVE BRIEFING ON TIGARD'S RECREATION PROGRAM
Recreation Coordinator Markey,Assistant Public Works Director Wright and Parks Manager Martin
briefed council on what recreation program staff have been working on. A PowerPoint slide show
was presented and is in the packet for this meeting. Recreation Coordinator Markey said they are
close to completing the tasks identified in Year 1 as suggested in the MIG Recreation Program
Study. He said they have hired an intern and begun developing procedures, considering fee
schedules and event guidelines and today met with the city's risk department on insurance waiver
requirements. They are working on a recreation activity guide which will be a clearinghouse for
events and activities in Tigard. They hope to have it ready in early June in digital format with just a
few printed copies. He said city's code does not allow providing grants and scholarships to
individuals or families for those who want to take classes but cannot afford them. He hopes to
partner with Tualatin Riverkeepers and offer some scholarships so more kids can participate in
programs. They wish to have the city code changed and implement a program by the summer.
Recent events include hosting the St. Anthony's School Public Works Day and a very successful egg
hunt at Cook Park. They partnered with the city for its Public Works Day and the Safe Routes to
Schools Bike Safety Fair. They purchased a blow up movie screen for movies in the park and two
have been scheduled. The August 19 showing is Zootopia at Fowler Middle School and the second
will be during the Family Fest. Upcoming events are the Tigard Balloon Festival, National
Skateboard Day on June 21, and Family Fest. Later in the year will be the Tigard Dog Park Costume
Contest and the Holiday Tree Lighting.
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Assistant Public Works Director Wright said she has worked at many of these events and a frequent
question she hears is how people can donate money towards the city recreation programs. Council
President Snider asked if there was any reason this cannot be done currently and Ms. Wright said
that is scheduled for discussion later in this meeting.
Mayor Cook asked about the coordination of Family Fest with the Tigard Downtown Street Fair.
He understood how an evening movie might not compete but asked how other Family Fest
activities can avoid drawing people away from the Street Fair. Recreation Coordinator Markey said
he met with the Tigard Downtown Alliance and that was also their question. He said staff is
suggesting a Fun Run that will end at Symposium,right in the middle of the Street Fair. A Tour of
Latin American will follow drawing more people to downtown activities.
Council President Snider said he missed the last Budget Committee meeting and asked what the
funding implications were for recreation and if the city was on track for next year. City Manager
Wine said the Budget Committee opted not to fund Year 2 of the MIG study, meaning that the
program will remain at status quo. Council President Snider asked about the rationale for that
decision and Mayor Cook said of the items brought forward for consideration, the Budget
Committee thought that hiring an extra police officer or other item was a more beneficial use of the
dollars. He added that this does not mean that part could not be reinstated if we figure out other
income to offset the cost. Council can discuss this again when the budget is considered on June 14.
Councilor Goodhouse added that a suggestion was made to include the additional recreation
programming into a local option levy. He said adding the $130,000 for parks and recreation to the
utility bill would be around$0.40 a month. The Budget Committee decided they had other pressing
general services needs. Council President Snider said now that the city is getting into the recreation
business it would be a horrible shame to slow down and lose traction. He said it seemed like the
discussion was not that recreation is not important,but that there needs to be discussion on how to
fund it. Councilor Goodhouse said that the Budget Committee preferred taking baby steps rather
than leaping forward with a program and then having to pull back. Councilor Woodard stated he
did not agree with the Budget Committee decision.
Councilor Woodard said Mr. Markey is doing a great job and is pleased with the success so far. He
asked if he is thinking about revenue generating recreation activities. Mr. Markey said he would like
to add classes and camps because they are money generating programs. He said what they are
considering now is following the MIG report and hiring contractors. The city would take a
percentage what they make and offer space, such as beautiful locations like Cook Park. The city
would help with promotion through the recreation activity guide and social media. Councilor
Woodard said he looks at ravines such as those near Bull Mountain Park and thinks, "tree camps or
zip lines." He said there are many potential recreation activities in Tigard.
3. BREIFING ON RECREATION PROGRAM FEE ORDINANC.
Parks Manager Martin said staff wished to discuss with council two options for approval of
recreation fees and charges. Most park and recreation agencies set their own fees and charges. The
cities set the rest of the charges such as utilities, but because of the opportunities arise so quickly
with classes, etc. they allow a director (usually a park and rec director) to set fees and charges. The
first option is to allow the public works director to set the recreation program fees
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• and charges. The second option is to list them in the Master Fees and Charges Schedule but many
of the details for classes and events are unknown when the scheduled is approved by council. The
best estimate staff would have would be formulas. The one most often used is direct, plus direct
plus forty percent. That is what would appear in the Master Fees and Charges Schedule.
Council has the ability to award scholarships and grants to non-profits but not to individuals and
staff prepared language to change the code to allow this. Assistant Public Works Director Wright
said City Attorney Rihala reviewed the proposed code language.
Council President Snider asked who would set the fee and staff responded that it would be the
public works director. Councilor Woodard asked what the process would be and Parks Manager
Martin said administrative procedures have not been developed. Councilor Woodard asked if there
is a level of service level to determine the percentage subsidization. City Manager Wine said it would
be premature to have a user fee structure discussion.
Assistant Public Works Director Wright said the first step was developing contracts that will be used
with partners and there are seven identified so far that staff would like to partner with. The
percentage is 70/30 so 70 percent will go to the class or sport provider who will be running the
program and 30 percent to the city for administration and oversight. She said they are looking at
selling ads in the recreation activity guide and this is another Master Fees and Charges Schedule
item. These ads would help raise revenue to pay for the guide.
Council President Snider said he favored putting the fee setting authority outside of council.
Councilor Henderson said the market will indicate what a fair price is. Council President Snider said
it has to be competitive because if it is not,people will not use it. Councilor Henderson said the
recreation program in Lane County gets so many offers for donations they have had to develop
guidelines on what they will take and what they won't and Tigard will have to develop those
guidelines too. Assistant Public Works Director Wright said staff is often approached by people
who want to rent city buildings, such as the Fanno Creek House and staff needs to identify costs and
establish fees before we start doing this.
Councilor Woodard said he saw the additional fee revenues listed in the general fund in the agenda
item summary and preferred a designated and defined recreation fund where extra revenues can go
towards capital park projects. Council President Snider reiterated that in the future there will be less
money flowing from the general fund into the park fund but that does not mean that other funds are
using park and recreation money. City Manager Wine said the recreation program and the lion's
share of maintaining and operating city parks are still funded by the general fund and as long as
those are general fund-funded programs there will not be a dedicated fund for parks. The park
utility fund was created to collect the revenues from the park and recreation charge. But even the
levying of that charge does not fully cover park and recreation costs. So it is still in large part a
general fund-funded service.
Finance and Information Services Director LaFrance clarified the park utility fund is where the park
and recreation fee dollars are being collected and it is a dedicated fund. The parks maintenance and
recreation program expenditures come out of that fund. He said the park and recreation fee dollars
cover about 40 percent of that total cost and the remainder is funded by a transfer from the general
fund into the park utility fund. He said revenues would go into the park utility fund. Councilor
Woodard noted that the agenda item summary is incorrect.
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Finance and Information Services Director LaFrance said it appeared council direction is to have the
recreation program fees set by the public works director who will then do an annual report. He
suggested when the code changes come before council they specify that revenues are going into the
park utility fund. He said a future budget discussion can be held once we know what kind of
revenue is coming in from the recreation program. Council raised questions that they will need to
answer in that discussion: Does recreation revenue increase what can be spent on recreation?Does
it decrease the transfer from the general fund?
Mayor Cook said with master fees and charges the council is the appeal body and asked what the
process would be for this first option. Parks Manager Martin said it would probably be the public
works director. Assistant Public Works Director Wright said they have many fees in place already
and rarely receive an appeal.
Mayor Cook asked if the 30 percent being added to a class fee will cover the number of scholarships
being awarded. He asked if staff wants to break even and at what point is it revenue generating.
Mr. Markey said he would like to get close to 95 percent. Councilor Woodard said cost recovery can
include getting sponsorships, renting out space in kiosks and taking a percentage during events. A
few larger events a year can help pay for the recreation program.
Councilor Henderson asked if the scholarship money would be in a separate fund. Finance and
Information Services Director LaFrance said they are actually a reduction of the fee that would have
charged them so it is not money going out;just less money coming in. Council President Snider said
the question is how it would be accounted for and he suggested in the future there might be a line
item called scholarships. Mr. Markey said the scholarship guidelines state that they will be given until
the money allotted for scholarships is used. He said the "need" criteria will be developed for
scholarship eligibility.
Mayor Cook asked council if any member did not want to delegate the setting of recreation program
fees to the public works director and no one had concerns. Staff will return with updated code
language.
4. BRIEFING ON AN AGREEMENT WITH TRIMET REGARDING COST SHARE
OBLIGATIONS FOR NEW SIDEWALKS ALONG SW COMMERCIAL STREET AND
PACIFIC HIGHWAY
Senior Project Engineer Newbury gave the staff report. This agreement is with TriMet and
proposes cost share obligations for new sidewalks along Commercial Street and Pacific Highway
from Naeve Street to Beef Bend Road. These sidewalks will improve access to transit facilities.
The Commercial Street project is currently in the CIP and includes a stormwater management
facility that will be managed by the city. It includes a sidewalk along Commercial Street between
Main Street and Lincoln Avenue under the Pacific Highway bridge. The Commercial Street
pedestrian path was completed as a"lighter,quicker, cheaper" city project but may need additional
work to meet stormwater regulations. The Naeve Street to Beef Bend Road sidewalk will infill 510
linear feet on northbound Pacific Highway.
The total cost of these projects is $1,305,000 and the funding ratio is 89.73 percent of Multimodal
Transportation Enhancement Program (MTEP) funds to 10.27 percent of city funds. MTEP funds
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are fixed at$1,170,976. The city's contribution is $134,024, funded by the gas tax. Funding is not
due until two years after the IGA is finalized so project costs could go down. He noted that cost
overruns will need to be paid by the city so he referred the IGA to City Attorney Rihala who added
language that the city has the right to comment on any proposed change orders. Council President
Snider asked if we could get left with an unfunded portion similar to a situation with the
Gaarde/McDonald/Pacific Highway intersection project. Mayor Cook said we were not able to
comment on any changes with that project so this is a step in the right direction. He added that the
work is federally funded and their costs are fixed. ODOT and TriMet are just the contracting
agencies so any overruns would fall to the city. Engineer Newbury said there is a clause that the city
can back out of the project before it is built if cost estimates rise.
Councilor Henderson said he supports the connectivity of the Commercial Street project and he
hopes this addresses the stormwater issues. He recommended any underground stormwater work be
done before the sidewalks are built and also questioned whether where it joins Main Street is the
best location. He noted that there is a grant for 95th Avenue near Lincoln and advised making sure
the alignment matches. With three projects in this contract he asked staff to keep close watch on
the costs.
Mayor Cook asked about the area between the end of the new sidewalk and Bull Mountain Road
and said it was dangerous. He said he hoped there is a way to connect it to this area. He said there
was a development going in on the hill above and there will be a trail so people can access the bus
stop on Pacific Highway and he asked if they would need to provide sidewalks. Engineer Newbury
said the land use approval could be conditioned with that requirement. Council agreed this IGA
with TriMet can be placed on the June 14 Consent Agenda.
5. DISCUSSION OF PROPOSED CODE CHANGES RELATED TO SYSTEM
DEVELOPMENT CHARGES
Finance and Information Services Director LaFrance,Assistant Finance Director Fitzpatrick and
Parks Manager Martin presented this item. Mr. LaFrance led a discussion on necessary Tigard
Municipal Code changes related to system development charges (SDCs). Mr. LaFrance briefed
council on the history of the development and adoption of citywide and River Terrace parks and
transportation SDCs which were consistent with council direction. Staff noticed some
inconsistencies and gaps and created an interdepartmental workgroup. They have some
recommended amendments to address issues.
The first is to allow issuance of Transportation SDC credits for 50 percent of the local street portion
of River Terrace Boulevard in addition to credits allowed for non-local portions of the street.
Council wanted to be a little more generous than the 50 percent credit but allowing it to be in
addition to non-local portions needs to be added to the Tigard Municipal Code (TMC).
A lot of discussion was held on neighborhood parks built by developers. The city did a separate
overlay for River Terrace and code language needs to be changed so the city can give credits to
builders of neighborhood parks in River Terrace.
The third change is citywide, not specifically for River Terrace. For multi-family developments we
said that all development fees are due at the time of building permit issuance which is a standard
practice, with one exception. The Washington County Transportation Development Tax (IDT) is
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not payable until they are getting their occupancy permit. For consistency with TDT practice this
needs to be changed in Tigard's code.
Councilor Henderson asked if staff received feedback from developers and builders. Finance and
Information Services Director LaFrance said they have been talking with Polygon, a developer in
River Terrace and some inconsistency related to neighborhood parks was discovered in the code.
They discussed the River Terrace Boulevard issue with a multi-disciplinary team. Council President
Snider commented that the city made policy decisions but did not consider the details.
Mayor Cook asked if there was a reason not to allow other fees to be due upon occupancy permit
issuance rather than up front. Mr. LaFrance said the primary reason is that building permit issuance
is when the city has the most leverage. City Manager Wine clarified that leverage implies that the
applicant will meet conditions. Mayor Cook asked why multi-family developers can pay the TDT at
occupancy rather than at permitting and Mr.LaFrance said there was a reason but he will need to get
back to council on that. He clarified for Councilor Henderson that the city does not give credits on
reimbursements. He added that for these code changes reimbursement is not an issue.
City Manager Wine said this will return to council for a public hearing on June 14, 2016.
6. NON AGENDA ITEMS None.
* EXECUTIVE SESSION
At 7:55 p.m. Mayor Cook announced that the Tigard City Council would be entering into Executive
Session to discuss real property negotiations under ORS 192.660 (2) (e). He said the council will
adjourn from Red Rock Creek Conference Room after the Executive Session immediately after the
Executive Session.
7. ADJOURNMENT
At 8:15 p.m. Council President Snider moved for adjournment. Councilor Goodhouse seconded
the motion and all voted in favor.
Yes No
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
Carol A. Krager, City Rec der
Attest: 6&
John L. C ,Mayor
AG_ANN
D e
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