City Council Minutes - 06/04/2019 Cfty ofTigard
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RM Tigard
City Council and Town Center
Development Agency Meeting Minutes
• , June 4, 2019
1. BUSINESS MEETING
A. At 6:33 p.m. Mayor Snider called the meeting to order.
B. Deputy City Recorder Burgoyne called the roll.
Name Present Absent
Councilor Newton
Councilor Lueb
Councilor Anderson
Mayor Snider
Council President Goodhouse
C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance.
D. Call to Council and Staff for Non-Agenda Items—None.
2. CITIZEN COMMUNICATION (Two Minutes or Less,Please)
A. Follow-up to Previous Citizen Communication—City Manager Wine discussed a memo
sent to council in follow-up to Mr. Worzniak's concerns regarding a code enforcement
complaint. She said staff is working with the homeowner to get additional help to resolve
property maintenance issues.
B. Citizen Communication—Sign-up Sheet.
3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)
A. LCRB CONSIDERATION OF CONTRACT AWARD—PAVEMENT
MANAGEMENT PROGRAM OVERLAY
B. COMMITTEE FOR COMMUNITY ENGAGEMENT ANNUAL REPORT
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C. APPROVE CITY COUNCIL MINUTES
a. May 7,2019
D. PROCLAIM JUNE 9 WATER INDEPENDENCE DAY
Councilor Newton motioned to approve the consent agenda as presented. Councilor Lueb
seconded the motion. Motion passed unanimously.
Councilor Goodhouse pointed out that the pavement management overlay fee on utility bills is used
for street maintenance.
Name Yes No
Councilor Newton
Councilor Lueb
Councilor Anderson
Mayor Snider
Council President Goodhouse
4. CONSIDERATION OF UPDATES TO TMC CHAPTER 7.70—MODIFICATIONS TO
REQUIREMENTS FOR HOLDING PROPERTY
A. Mayor Snider opened the public hearing.
B. Hearing Procedures—Mayor Snider announced that anyone may offer testimony.
C Sergeant Erickson gave the staff report and explained the modification changes staff was
recommending.
D. Public Testimony—None.
E. Response to testimony by staff-None.
F. Mayor Snider closed the public hearing.
G. Council Discussion and Consideration: Ordinance No. 19-04—None.
Council President Goodhouse motioned to approve Ordinance No. 19-04. Councilor Anderson
seconded the motion. Deputy City Recorder Burgoyne read the number and title of the ordinance.
Deputy City Recorder Burgoyne conducted a vote and the motion passed unanimously.
Ordinance No. 19-04—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE
CHAPTER 7.70 REGARDING MODIFICATIONS TO REQUIREMENTS FOR
HOLDING PROPERTY
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i
i
Name Yes No
Councilor Newton
Councilor Lueb
Councilor Anderson
Mayor Snider
Council President Goodhouse
5. TIGARD COMPLETE STREETS POLICY UPDATE
Sr.Transportation Planner Roth presented this item and gave a PowerPoint presentation. He said
the policy is designed to address issues,and formalize Tigard's commitment to building and design
while maintaining transportation facilities that serve all users.The policy is focused on equitable
transportation for all ages and abilities and provides needed transportation guidance that will help
bridge the gap for connectivity and circulation for walking,biking and transit. He explained many
roads are busy and do not accommodate pedestrians and cyclists,including a lack of complete and
continuous sidewalk,and the difficulty of walking across congested and wide,multi-lane roadways.
He discussed policy development, staff and agency partners involved,implementation plan,activities
to help solve key problems,and next steps. He said the Tigard Transportation Advisory Committee
(TTAC) recommended approval at their May 1 meeting,and said staff would bring this back for
council adoption on June 11.
Councilor Newton said this would have been nice to have when she was a planner with the city,and
a lot of Tigard that was developed in the 1980's could have benefited from having this,and hopes to
get the development codes in place to help with this. She asked if they could call it something else
because the name of the policy could be confusing. Mr. Roth said the transportation plan is
reflected in the development code and said they followed a boilerplate process for naming the
policy,but is open to changing some of the language.
Councilor Anderson said it is a great idea and asked whom the public should contact within the city
if they have questions. Mr. Roth said they should contact him,and said there is some information
already up on the city's website.
Council President Goodhouse said this would be good for connecting trails.
Mayor Snider said there has been a lot of deliberate attention in this work and the citizen oversight
advisory group was very involved and did a good job.
6. SENIOR CENTER AFFORDABLE SENIOR HOUSING BRIEFING
Redevelopment Project Manager Farrelly and Tigard Senior Center Director Vicki Adams presented
this item and gave a PowerPoint presentation that outlined the site and site plan concept. Mr.
Farrelly explained there is a shortage of affordable housing in Tigard and that twenty-seven percent
of the households in Tigard are rent burdened,meaning they pay more than fifty-percent of their
monthly income to rent,and that many of these households are senior citizens. He said in order to
address this; staff along with funds from Metro did a feasible housing study on the site that houses
the senior center. He explained they chose this site because it is city owned and is near many
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amenities,including the public library. He explained they hired a consultant to study the site,
discussed the number of potential units and funding opportunities available,talked about next steps
and said the board for the senior center is supportive of the project.
Councilor President Goodhouse asked if staff was looking for approval tonight or if this was just a
briefing. Mr.Farrelly said staff is looking for council to approve the process for the request for
information.
Councilor Anderson asked if they intend to have parking underneath. Ms.Adams said they were
unsure at this time how parking would be done. Mr. Farrelly said the plan is currently showing
surface parking,assuming the parking arrangement with the church and the senior center is
expanded.
Mayor Snider asked if the plan assumes one parking space per unit that is not the church parking lot.
Mr. Farrelly said it does,and that typically, senior housing has a lower parking requirement.
Councilor Lueb asked if they had discussed the parking situation with the church or if they are
working on that. Mr. Farrelly said it is on the list of things to do.
Councilor Newton hopes that when staff puts out the requests for information that they emphasize
the parking issue. She said it is exciting to be able to offer senior housing in that location if it works
out.
Mayor Snider asked if this would have come together as quickly if the city had not been pushing so
hard with the County for affordable housing. Mr. Farrelly said staff has been pushing and they had
a meeting with the County and has a good chance of being funded.
City Manager Wine said the County's first step in putting together the local implementation strategy
for the Bond was to come to public agencies and ask them for publically owned property they could
pledge towards the Bond. She said staff was talking to the County almost immediately after the
Bond passed in order to make this project possible.
Council President Goodhouse asked if this would go through the CDBG funding process. Mr.
Farrelly said the developer would take care of the financing through several sources of funds and
said there could be CDBG money as part of that.
Mayor Snider said he is excited about the project.
Mr. Farrelly said staff is looking for consensus from council to proceed and would then bring an
agreement forward later. There was consensus from council.
Mayor Snider convened the Town Center Development Agency
7. TCDA CONSIDERATION OF AMENDMENT#8 TO THE CITY CENTER URBAN
RENEWAL PLAN
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Redevelopment Project Manager Farrelly presented this item and explained that tonight staff would
be asking them to take three separate actions that would help in the purchase of a strip of land
adjacent to the Main Street Village Apartments that would enable them to advance the Fanno Creek
Overlook project. He said this would improve the connection for Fanno Creek Trail and the project
would not work without purchasing this strip of land. He said this would require both the board
and council's approval and then provided a description of the land.
TCDA Director Goodhouse motioned to approve TCDA Resolution No. 19-04. TCDA Director
Newton seconded the motion. Deputy City Recorder Burgoyne read the number and title of the
resolution. Chair Snider conducted a vote and the motion passed unanimously.
TCDA Director Newton said it has been a while coming and thinks this is great.
TCDA Resolution No. 19-04—A RESOLUTION AMENDING THE CITY CENTER
URBAN RENEWAL PLAN BY ADDING THE ACQUISITION AND DISPOSITION
OF TWO PIECES OF LAND IN THE VICINITY OF MAIN STREET(TRAIL
PARCEL AND DRIVEWAY PARCEL)
Name Yes No
Councilor Newton
Councilor Lueb
Councilor Anderson
Mayor Snider
Council President Goodhouse
Mayor Snider reconvened City Council.
8. COUNCIL CONSIDERATION OF AMENDMENT#8 TO THE CITY CENTER URBAN
RENEWAL PLAN
Redevelopment Project Manager Farrelly presented this item.
Councilor Anderson motioned to approve Resolution No. 19-17. Councilor Lueb seconded the
motion. Deputy City Recorder Burgoyne read the number and title of the resolution. Mayor Snider
conducted a vote and the motion passed unanimously.
Resolution No. 19-17—A RESOLUTION AMENDING THE CITY CENTER URBAN
RENEWAL PLAN BY ADDING THE ACQUISITION AND DISPOSITION OF TWO
PIECES OF LAND IN THE VICINITY OF MAIN STREET(TRAIL PARCEL AND
DRIVEWAY PARCEL)
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Name Yes No
Councilor Newton
Councilor Lueb
Councilor Anderson
Mayor Snider
Council President Goodbouse
Mayor Snider reconvened the Town Center Development Agency.
9. TCDA CONSIDER AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TCDA TO
COMPLETE THE PROPERTY ACQUISITION OF A STRIP OF LAND ADJACENT TO 9270
SW MAPLEWOOD DRIVE
Redevelopment Project Manager Farrelly presented this item and provided background on the
project. He said this has taken a couple years to get to this point,terms are outlined in the personal
service agreement,and said if this is approved the design and engineering for the Fanno Creek
Overlook project would begin.
TCDA Director Lueb motioned to approve TCDA Resolution No. 19-05. TCDA Director
Goodhouse seconded the motion. Deputy City Recorder Burgoyne read the number and title of the
resolution. Mayor Snider conducted a vote and the motion passed unanimously.
TCDA Resolution No. 19-05—A RESOLUTION APPROVING THE PURCHASE OF
A STRIP OF LAND ADJACENT TO 9270 SW MAPLEWOOD DRIVE AND
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER
DEVELOPMENT AGENCY TO TAKE ALL NECESSARY ACTIONS TO
COMPLETE THE PROPERTY PURCHASE ON BEHALF OF THE AGENCY
Name Yes No
Councilor Newton
Councilor Lueb
Councilor Anderson
Mayor Snider
Council President Goodhouse
Mayor Snider reconvened City Council.
10. REVIEW AND CONSIDERATION OF TMC FOR FEE WAIVERS AND EXEMPTIONS
A. Mayor Snider opened the public hearing.
B. Hearing Procedures—Mayor Snider announced that anyone may offer testimony.
C City Manager Wine gave the staff report. She explained the city has had several situations
over the last year that caused staff to look at a section of City Code that governs how
waivers or exemptions of fees and charges could be granted. She discussed current
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language in the code and the new proposed language that would clarify when fee waivers or
exemptions could be granted. Specifically it creates relationship between the current
section of Code,establishing the fee waiver or an exemption,relates it to those that are
established by City Council,and gives authority to waive or exempt fees up to an amount of
$300 when financial need is demonstrated,as well as creating an appeal process for denials.
D. Public Testimony—None.
E. Response to testimony by staff—None.
F. Mayor Snider closed the public hearing.
G. Council Discussion and Consideration: Ordinance No. 19-05
Councilor Anderson said it is nice to have a City Attorney that wants to get in and clean up the City
Code.
Councilor Newton asked if they have switched from demonstrating an organization creating a
community benefit to demonstrating a financial need. Ms.Wine replied yes.
Council President Goodhouse motioned to approve Ordinance No. 19-05. Councilor Newton
seconded the motion.
Mayor Snider said going back to Councilor Newton's question,he asked if this is the right standard
to be applying,and if there may be situations,where someone asks for a fee waiver where the new
language could hinder their ability in being approved for the waiver. He gave the example of the
Little League,where they could have funds in their account, showing they do not meet a financial
need,but those funds are allocated to something else, so it does not give the true picture as to their
financial need for the waiver.
Councilor Newton said she was thinking about groups like Just Compassion where there could be a
timing issue and may not be able to financially cover something. Councilor Newton said Mayor
Snider raises a good point.
City Attorney Rihala said this standard is in use now with the City's Parks and Recreation fees
waiver. She explained that in terms of non-profits and how much money they have in the bank,was
not discussed and there is not a standard for that,and they believe that past practice would show an
evidence of need,like in the instance of the Little League organization.
Mayor Snider said everyone here knows what the intent is with this,but that in ten years and with
new people,they may not know what the intent of this council was.
Councilor Lueb agreed with Mayor Snider and said she does have concerns with the language and
thinks it could be a barrier for those applying.
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Council President Goodhouse asked if it required to meet both or if this is an"if" or an"or." City
Manager Wine replied that a request would be made in writing and then the city would determine if
the requestor has demonstrated a financial need.
Mayor Snider asked the City Attorney if adding,"The city has determined the request has a public
benefit. City Attorney Rihala replied they specifically took that out,because it is so difficult to
determine and defending a denial could be difficult to defend. Staff did not want to be in the
position of having to make judgement calls like this.
Council President Goodhouse asked if there was anything to compare this too. Ms. Rihala said they
did not find anything similar to this in other cities.
Councilor Newton asked if it would be helpful to add the phrase"the requestor has demonstrated a
financial need for the waiver",and then indicate what the city would be looking for. Ms. Rihala said
that adding that language could make clearer,but it could also make it more difficult for non-profits.
City Manager Wine gave examples of fee waiver requests the city received last year and said that
most organizations look to be fairly well abled either through their application or a letter to be able
to say what is happening in their effort and why they have a financial need.
Mayor Snider suggested that making it clear that simply having enough money in your bank account
does not necessarily mean you do not need a fee waiver.
Councilor Lueb recommended saying,"demonstrates a need" and striking the word "financial"in
front of the word need. City Attorney Rihala agreed that would work.
Councilor Lueb motioned to amend the motion to strike the word"financial'in section 3.32.070.
Council President Goodhouse seconded the motion. Motion passed unanimously.
Name Yes No
Councilor Newton
Councilor Lueb
Councilor Anderson
Mayor Snider
Council President Goodhouse
City Council voted on the original motion as amended.
Ordinance No. 19-05—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE
CHAPTER 3.32 REGARDING CITY FEES AND AUTHORITY FOR FEE WAIVERS
AS AMENDED
Name Yes No
Councilor Newton
Councilor Lueb
Councilor Anderson
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Mayor Snider
Council President Goodhouse
11. RECEIVE FISCAL YEAR 2020 MASTER FEES AND CHARGES SCHEDULE UPDATE
Finance and Information Services Director LaFrance and Sr. Management Analyst Kang presented
this item and reminded council that as a part of the annual budget process,council adopts the Master
Fees and Charges Schedule. He said some of the changes include;switching from Portland CPI-U to
West CPI-U,solid waste study,Parks System Development Charges rate increase and water rates
increase.
Council President Goodhouse asked why the change to the downtown parking permit fee in 2020
when the city is not yet collecting on this. Mr. LaFrance said they would be following City Code,by
updating the fee,and in addition,should the city decide later to collect that fee,they can.
Councilor Newton asked about the water customer charges and usage charges increase. Mr.LaFrance
said the last rate study implemented a multi-year rate water rate increase. He explained the last four
years of the water rate increases were 3 'A percent cost of operations. He said there would be a new
water rate study sometime in January 2021, so this increase would give the city an interim increase
from January 2020 until the next rate study that would be consistent with the last four years of
inflationary costs for operations.
Mayor Snider asked if staff is asking council to approve this tonight. Mr.LaFrance said this would
come back before council for approval on June 11 and said staff is asking for direction from council
tonight.
Mayor Snider asked for comments.
Councilor Anderson said it looks good and does not have anything additional. Councilor Lueb,
Council President Goodhouse and Councilor Newton agreed.
12. SOLID WASTE RATES BRIEFING
Finance and Information Services Director LaFrance and Chris Bell,Owner of Bell and Associates
presented this item and gave a PowerPoint presentation. Mr. LaFrance explained staff is looking for
direction tonight,and that direction would be incorporated into the Master Fees and Charges that
would be coming before council for approval at their next meeting. He said the solid waste rates
requires a cost of service study,in part because the aggregate rate of return for haulers fell below
eight percent and City Code requires a cost of service study be done in this situation. The goal is to
set the fee at a ten percent rate of return for waste haulers;and that these new rates would go into
effect July 1. Mr. LaFrance explained that a cost of service study looks at various utilities,customer
classes and services within that customer class and then matches the cost of providing those services,
so that when the customer is paying their bill,they are paying for exactly what it actually costs to
provide that service.With the intent that the fee is equitable and fair,and then council can make
policy decisions. He said one of the decisions council could make tonight is if they want to adjust the
policy currently in place that is twenty years old,look at implementing cost of service rates or
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continue to have some subsidies. He explained that one of the rate subsidies now is that commercial
customers are subsidizing residential customers.
Mayor Snider said the subsidy was the opposite over six years ago and it was a policy direction to
specifically even that out,but sounds like it has become disparaging again. Staff replied yes.
Mr. LaFrance said secondly,there is a conscious subsidy within the residential class. He explained
that approximately twenty years ago with the recycling program the city made it less expensive to
have a small garbage can,so that people would take the time to separate out the recycling from
regular garbage. However,there is not a lot of variation in cost based on the size of cart,because the
haulers have vehicles,those vehicles have drivers and other set costs regardless of the size of garbage
can. Mr. LaFrance said staff would also be discussing drop box rates,and the Metro Commercial
Food Waste Program the city would be phasing in.
Owner of Bell and Associates Chris Bell discussed some of the reasons for the rate increase that
include;cost to process recycling,local processing of yard debris,cost of collection trucks,labor and
regulated waste from Metro. He said the projected rate increase for a container is ten percent for
2020. He said the projected rated increase for residential customers and drop box containers would
be an overall ten percent increase. He explained that other than the cost difference in garbage cart
size,the rest of the cost of service is consistent across the board. To go to a cost of service,
customers would see an increase in the smaller cart and a reduction in the larger carts,because the
larger carts have been subsidizing the smaller carts for some time. Other factors to consider is to
have a flat percentage increase across commercial and residential customers that would still include
some subsidizing from commercial to residential customers. The difference in cost of service for
drop boxes is minor, so they are recommending an adjustment to drop box customers.
Mayor Snider asked council to state their initial thoughts on each item being proposed.
Council President Goodhouse said he would like to see the fees for residential and commercial
customers evened out,so that neither would subsidize the other. He asked how the drop box fees
would work for contractors and if that could affect their bottom line. Mr. Bell replied that it could,
but what he hears from contractors is not the increase in the haul fee,but the complaint is about the
procedures and the amount of paperwork for a drop box. Mr. Bell explained the amount of time
spent in traffic contributes to the timeliness of getting someone a box.
Councilor Anderson talked about the food scrap program,and said he likes the idea of charging
commercial customers across the board. He agrees with Council President Goodhouse about evening
out the fees for commercial and residential customers and not allowing either to subsidize the other.
Councilor Lueb said she prefers the cost of service model going forward so that no one subsidizing is
the other. She wants to hear more on the drop box program,but fears there will be a financial
burden placed on the commercial industry for the food waste program,and prefers raising the fee for
all commercial.
Councilor Newton said she concurs that spreading the fees across the board for commercial
customers for the food scrap program is a good idea,and is concerned about facilitating compliance,
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and wants to make sure they make it easy for commercial customer to comply,and agrees that going
to a cost of service rate for residential is the better model. She asked to hear more about the drop
box program.
Mr. Bell said when rates are set for drop boxes it is primarily based on the time it takes for the driver
to go from point A to point B.
Mayor Snider asked why they are not just letting the market do its job in directing the cost for drop
boxes. Mr.Bell said they could do that and the City of Gresham is doing that,but said there are
challenges for doing it that way,and that someone would need to be the arbitrator when situations
arise.
Mayor Snider asked if removing drop boxes from the franchise would increase the rate for other
things. Mr. Bell responded no.
Mayor Snider asked staff when an appropriate time would be to discuss the drop box and rates. Mr.
LaFrance said his understanding is that council could address the franchise at its discretion,but
referred to the City Attorney to confirm if they could discuss the franchise as a whole or just pieces
of the franchise.
City Attorney Rihala said she would need to review the code,however,she believes the franchise is
up sometime in 2020 or 2022.
Council President Goodhouse clarified his response earlier regarding food waste and said he supports
the cost of service rate for just the required businesses.
Mayor Snider said he supports the cost of service approach,which means making residential sized
carts pay for their cost of service,with no subsidy. He also supports raising the fee across all
commercial for the food waste program.
Council President Goodhouse asked what the rate increase would be for commercial who are not
required to participate in the food waste program. Mr. Bell provided the cost increase in Phase I and
in Phase II,but that the cost could go down overtime.
Council President Goodhouse said it does not make sense to him to have commercial customers who
are not producing food waste pay a share of the rate increase for those commercial customers who
are producing food waste. Mr. Bell agreed and said there is a small amount of businesses in Tigard
who are converting food waste that this would effect. He said commercial customers like restaurants
would have additional steps that are mandated by Metro.
Council President Goodhouse said this program is meant to have large food waste producing
commercial customers change their current practices,but if the increase is spread over other non-
food producing customers or those who do not waste enough to be mandated,then he fears
businesses will not change their food waste practices.
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Mayor Snider asked council if anyone would like to comment or change his or her opinion regarding
food waste.
Councilor Lueb,Councilor Anderson and Councilor Newton said their opinion had not changed.
Council President Goodhouse stated that it would have been good if Metro had figured this out.
Mayor Snider asked staff if they have enough information to go on regarding food waste fees.
Finance and Information Services Director Mr.LaFrance replied yes.
Mayor Snider asked if everyone was good with going to a cost of service for drop box and to
consider if this should be part of the franchise later. There was consensus.
Mayor Snider asked about the large residential vs small residential subsidy and if they are in
agreement with having everyone pay their fair share. There was consensus.
Mayor Snider asked if there is consensus to stop commercial customers subsidizing residential and
have everyone pay their fair share. There was consensus.
13. REVIEW AND DISCUSS THE COMMUNICATIONS PLAN FOR EXPLORING A LEVY
AND BOND
Communications Manager Wyatt presented this item and discussed staffs proposed communication
plan for the possible upcoming Levy/Bond.
Council President Goodhouse said the biggest thing the city has to fix is the city's response to people
on social media. He wants to make sure we are not speaking at them or creating confusion and that
we are being timely in our response.
Councilor Newton wants to engage with citizens early on and to make the information simple. She
wants to engage with people more than just ask them questions.
Councilor Lueb said it is a good idea to list all the events ahead of time.
Councilor Anderson said it would be a good idea to include information about the performance audit
on the frequently asked questions page,so people know what they are doing.
Mayor Snider said he would like to see a"virtual" tour of the police department on the website,and
he would like to have regular open houses of the police department. He asked about the tax
calculator that was available on the website last time and if they would have that again. Mr.Wyatt
said they would.
Council President Goodhouse suggested footnotes on how to contact staff or council. Mr. Wyatt
agreed.
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Councilor Newton said it is important to figure out what city events and activities would include
information about the levy.
Staff agreed and said they have enough information to go forward.
14. NON AGENDA ITEMS—None.
15. EXECUTIVE SESSION—None.
16. ADJOURNMENT
At 8:48 p.m. Council President Goodhouse motioned to adjourn the meeting. Councilor Lueb
seconded the motion. Motion passed unanimously.
Name Yes No
Councilor Newton
Councilor Lueb
Councilor Anderson
Mayor Snider
Council President Goodhouse
Kelly Ilurgoyne,6eputy City R ord r
est:
Jaso n��ider,Mayor
Date: 1 c1
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